[Federal Register: November 5, 2001 (Volume 66, Number 214)]
[Notices]               
[Page 55983-55984]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05no01-101]                         

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DEPARTMENT OF THE TREASURY

Internal Revenue Service

 
Proposed Collection; Comment Request for Notice 98-52

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice and request for comments.

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SUMMARY: The Department of the Treasury, as part of its continuing 
effort to reduce paperwork and respondent burden, invites the general 
public and other Federal agencies to take this opportunity to comment 
on proposed and/or continuing information collections, as required by 
the Paperwork Reduction Act of 1995, Pub. L. 104-13 (44 U.S.C. 
3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning 
Notice 98-52, Cash or Deferred Arrangements; Nondiscrimination.

DATES: Written comments should be received on or before January 4, 2002 
to be assured of consideration.

ADDRESSES: Direct all written comments to Garrick R. Shear, Internal 
Revenue Service, room 5244, 1111 Constitution Avenue NW., Washington, 
DC 20224.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the notice should be directed to Carol Savage, (202) 622-
3945, Internal Revenue Service, room 5242, 1111 Constitution Avenue 
NW., Washington, DC 20224.

SUPPLEMENTARY INFORMATION:
    Title: Cash or Deferred Arrangements; Nondiscrimination.
    OMB Number: 1545-1624.
    Notice Number: Notice 98-52.
    Abstract: This notice provides guidance to plan administrators, 
plan sponsors, etc., regarding nondiscriminatory safe harbors with 
respect to Internal Revenue Code sections 401(k)(12) and 401(m)(11), as 
amended by the Small Business Job Protection Act of 1996. The safe 
harbor provisions pertain to the actual deferral percentage test and 
the actual contribution percentage test for cash or deferred 
arrangements and for defined contribution plans. To take advantage of 
the safe harbor provisions, plan sponsors must amend their plans to 
reflect the new law and must provide plan participants with an annual 
notice describing the benefits available under the plan.
    Current Actions: There are no changes being made to the notice at 
this time.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations, and 
not-for-profit institutions.
    Estimated Number of Respondents: 60,000.
    Estimated Time Per Respondent: 1 hour, 20 minutes.
    Estimated Total Annual Burden Hours: 80,000.
    The following paragraph applies to all of the collections of 
information covered by this notice:
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless the collection of 
information displays a valid OMB control number. Books or records 
relating to a collection of information must be retained as long as 
their contents may become material in the administration of any 
internal revenue law. Generally, tax returns and tax return information 
are confidential, as required by 26 U.S.C. 6103.

[[Page 55984]]

Request for Comments

    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval. All comments will 
become a matter of public record. Comments are invited on: (a) Whether 
the collection of information is necessary for the proper performance 
of the functions of the agency, including whether the information shall 
have practical utility; (b) the accuracy of the agency's estimate of 
the burden of the collection of information; (c) ways to enhance the 
quality, utility, and clarity of the information to be collected; (d) 
ways to minimize the burden of the collection of information on 
respondents, including through the use of automated collection 
techniques or other forms of information technology; and (e) estimates 
of capital or start-up costs and costs of operation, maintenance, and 
purchase of services to provide information.

    Approved: October 29, 2001.
Garrick R. Shear,
IRS Reports Clearance Officer.
[FR Doc. 01-27741 Filed 11-2-01; 8:45 am]
BILLING CODE 4830-01-P