Agency Information Collection Activities; Submission for OMB Review; Comment Request; Furnishing Documents to the Secretary of Labor on Request Under Employee Retirement Income Security Act

Published date17 May 2024
Record Number2024-10806
Citation89 FR 43435
CourtLabor Department
Federal Register, Volume 89 Issue 97 (Friday, May 17, 2024)
[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
                [Pages 43435-43436]
                From the Federal Register Online via the Government Publishing Office []
                [FR Doc No: 2024-10806]
                DEPARTMENT OF LABOR
                Agency Information Collection Activities; Submission for OMB
                Review; Comment Request; Furnishing Documents to the Secretary of Labor
                on Request Under Employee Retirement Income Security Act
                ACTION: Notice of availability; request for comments.
                SUMMARY: The Department of Labor (DOL) is submitting this Employee
                Benefits Security Administration (EBSA)-sponsored information
                collection request (ICR) to the Office of Management and Budget (OMB)
                for review and approval in accordance with the Paperwork Reduction Act
                of 1995 (PRA). Public comments on the ICR are invited.
                [[Page 43436]]
                DATES: The OMB will consider all written comments that the agency
                receives on or before June 17, 2024.
                ADDRESSES: Written comments and recommendations for the proposed
                information collection should be sent within 30 days of publication of
                this notice to Find this particular
                information collection by selecting ``Currently under 30-day Review--
                Open for Public Comments'' or by using the search function.
                FOR FURTHER INFORMATION CONTACT: Michael Howell by telephone at 202-
                693-6782, or by email at [email protected].
                SUPPLEMENTARY INFORMATION: Prior to the enactment of the Taxpayer
                Relief Act of 1997 (Pub. L. 105-34, August 5, 1997) (TRA '97), section
                104(a) of the Employee Retirement Security Act of 1974 (ERISA) required
                administrators of employee benefit plans automatically to file the
                plan's summary plan description (SPD) and any summaries of material
                modification (SMMs) with the Secretary of the Department of Labor (the
                Department). TRA '97 eliminated the requirement that these documents be
                filed automatically with the Department, but added ERISA section
                104(a)(6), requiring a plan administrator to furnish documents related
                to an employee benefit plan to the Department upon request. The
                requirement that administrators furnish the Department requested plan
                documents other than SPDs and SMMs was part of section 104(a) prior to
                enactment of TRA '97; that requirement was moved by TRA '97 to section
                104(a)(6) and consolidated with the new furnishing requirement
                pertaining to SPDs and SMMs.
                 Pursuant to the regulation, the Department requests documents under
                section 104(a)(6) when a participant or beneficiary has previously
                requested the documents directly from the plan administrator and the
                administrator has failed or refused to provide them. The Department
                therefore uses the requested information to respond to participants'
                requests to the Department for documents that the participants were
                unable to obtain from their plan administrators. For additional
                substantive information about this ICR, see the related notice
                published in the Federal Register on August 25, 2023 (88 FR 58312).
                 Comments are invited on: (1) whether the collection of information
                is necessary for the proper performance of the functions of the
                Department, including whether the information will have practical
                utility; (2) the accuracy of the agency's estimates of the burden and
                cost of the collection of information, including the validity of the
                methodology and assumptions used; (3) ways to enhance the quality,
                utility and clarity of the information collection; and (4) ways to
                minimize the burden of the collection of information on those who are
                to respond, including the use of automated collection techniques or
                other forms of information technology.
                 This information collection is subject to the PRA. A Federal agency
                generally cannot conduct or sponsor a collection of information, and
                the public is generally not required to respond to an information
                collection, unless the OMB approves it and displays a currently valid
                OMB Control Number. In addition, notwithstanding any other provisions
                of law, no person shall generally be subject to penalty for failing to
                comply with a collection of information that does not display a valid
                OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
                 DOL seeks PRA authorization for this information collection for
                three (3) years. OMB authorization for an ICR cannot be for more than
                three (3) years without renewal. The DOL notes that information
                collection requirements submitted to the OMB for existing ICRs receive
                a month-to-month extension while they undergo review.
                 Agency: DOL-EBSA.
                 Title of Collection: Furnishing Documents to the Secretary of Labor
                on Request Under Employee Retirement Income Security Act Section
                 OMB Control Number: 1210-0112.
                 Affected Public: Businesses or other for-profits.
                 Total Estimated Number of Respondents: 1,181.
                 Total Estimated Number of Responses: 1,181.
                 Total Estimated Annual Time Burden: 53 hours.
                 Total Estimated Annual Other Costs Burden: $826.
                (Authority: 44 U.S.C. 3507(a)(1)(D))
                Michael Howell,
                Senior Paperwork Reduction Act Analyst.
                [FR Doc. 2024-10806 Filed 5-16-24; 8:45 am]
                BILLING CODE 4510-29-P

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