Agency Information Collection Activities; Proposals, Submissions, and Approvals

Federal Register: December 31, 2009 (Volume 74, Number 250)

Notices

Page 69363-69364

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr31de09-66

DEPARTMENT OF LABOR

Employee Benefits Security Administration

Proposed Extension of Information Collection; Comment Request;

Prohibited Transaction Class Exemption 88-59, Residential Mortgage

Financing Arrangements

AGENCY: Employee Benefits Security Administration, Department of Labor.

ACTION: Notice.

SUMMARY: The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the reporting burden on the public and helps the public understand the Department's information collection requirements and provide the requested data in the desired format.

Currently, the Employee Benefits Security Administration is soliciting comments on the proposed extension of the information collection provisions of Prohibited Transaction Class Exemption (PTE) 88-59. A copy of the information collection request (ICR) may be obtained by contacting the office listed in the ADDRESSES section of this notice or at http://www.RegInfo.gov.

DATES: Written comments must be submitted on or before March 1, 2010.

ADDRESSES: Direct all written comments to G. Christopher Cosby, Office of Policy and Research, Employee Benefits Security Administration, U.S.

Department of Labor, 200 Constitution Avenue, NW., Room N-5647,

Washington, DC 20210. Telephone: (202) 693-8410; Fax: (202) 219-4745.

These are not toll-free numbers. Comments may also be submitted electronically to the following Internet e-mail address: ebsa.opr@dol.gov.

SUPPLEMENTARY INFORMATION:

1. Background

   PTE 88-59 provides an exemption from certain prohibited transaction provisions of the Employment Retirement Income Security Act of 1974

   (ERISA) and from certain taxes imposed by the Internal Revenue Code of 1986 (Code) for transactions in which an employee benefit plan provides mortgage financing to purchasers of residential dwelling units, provided specified conditions are met. Among other conditions, PTE 88- 59 requires

   Page 69364

   that adequate records pertaining to exempted transactions be maintained for the duration of the pertinent loan. This recordkeeping requirement constitutes an information collection within the meaning of the PRA, for which the Department has obtained approval from the Office of

   Management and Budget (OMB) under OMB Control No. 1210-0095. The OMB approval is currently scheduled to expire on April 30, 2010.

2. Current Actions

   This notice requests public comment pertaining to the Department's request for extension of OMB approval of the information collection contained in PTE 88-59. After considering comments received in response to this notice, the Department intends to submit an ICR to OMB for continuing approval of the information collection contained in PTE 88- 59. No change to the existing ICR is proposed or made at this time. An agency may not conduct or sponsor, and a person is not required to respond to, an information collection unless it displays a valid OMB control number. A summary of the ICR and the current burden estimates follows:

   Agency: Employee Benefits Security Administration, Department of

   Labor.

   Title: Prohibited Transaction Class Exemption 88-59; Residential

   Mortgage Financing Arrangements.

   Type of Review: Extension of a currently approved collection of information.

   OMB Number: 1210-0095.

   Affected Public: Business or other for-profit; Not-for-profit institutions.

   Respondents: 1,785.

   Responses: 1,785.

   Estimated Total Burden Hours: 744.

3. Focus of Comments

   The Department of Labor (Department) is particularly interested in comments that:

   Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

   Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

   Enhance the quality, utility, and clarity of the information to be collected; and

   Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., by permitting electronic submissions of responses.

   Comments submitted in response to this notice will be summarized and/or included in the ICR for OMB approval of the extension of the information collection; they will also become a matter of public record.

   Dated: December 24, 2009.

   Joseph A. Piacentini,

   Director, Office of Policy and Research, Employee Benefits Security

   Administration.

   FR Doc. E9-30997 Filed 12-30-09; 8:45 am

   BILLING CODE 4510-29-P