EBSA (Formerly PWBA) Federal Register Notice

Proposed Information Collection Request Submitted for Public Comment and Recommendations; Prohibited Transaction Class Exemption 81- 6 [07/02/1998]

Volume 63, Number 127, Page 36265-36266

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DEPARTMENT OF LABOR

Pension and Welfare Benefits Administration

 
Proposed Information Collection Request Submitted for Public 
Comment and Recommendations; Prohibited Transaction Class Exemption 81-
6

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, provides the general public and 
Federal agencies with an opportunity to comment on proposed and/or 
continuing collections of information in accordance with the Paperwork 
Reduction Act of 1995 (PRA 95) 44 U.S.C. 3506(c)(2)(A). This program 
helps to ensure that requested data can be provided in the desired 
format, reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Pension and Welfare Benefits Administration is 
soliciting comments concerning the proposed extension of a currently 
approved collection of information, Prohibited Transaction Class 
Exemption 81-6. A copy of the proposed information collection request 
can be obtained by contacting the employee listed below in the contact 
section of this notice.

DATES: Written comments must be submitted on or before August 31, 1998.
    The Department of Labor is particularly interested in comments 
which:
    <bullet> 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;
    <bullet> 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;
    <bullet> Enhance the quality, utility, and clarify the information 
to be collected; and
    <bullet> 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., permitting 
electronic submissions of responses.

ADDRESSES: Gerald B. Lindrew, Department of Labor, Pension and Welfare 
Benefits Administration, 200 Constitution Avenue, NW, Washington, DC 
20210, (202) 219-4782 (this is not a toll-free number), FAX (202) 219-
4745.

SUPPLEMENTARY INFORMATION: 

I. Background

    Prohibited Transaction Class Exemption 81-6 permits an employee 
benefit plan to lend securities to a broker-dealer registered under the 
Securities Exchange Act of 1934 or to a bank, provided certain 
conditions are met. In the absence of an exemption, securities lending 
transactions would be prohibited under circumstances where the 
borrowing broker-dealer or bank is a party in interested or 
disqualified person with respect to the plan under

[[Page 36266]]

the Employee Retirement Income Security Act (ERISA) or the Internal 
Revenue Code (Code).

II. Current Actions

    This existing collection of information should be continued because 
without the relief provided by this exemption, securities lending 
transactions would be prohibited under circumstances where the 
borrowing broker-dealer or bank is a party in interest or disqualified 
person with respect to the plan under the Employee Retirement Income 
Security Act (ERISA) or the Internal Revenue Code (Code). The 
recordkeeping requirements incorporated within the class exemption are 
intended to protect the interests of plan participants and 
beneficiaries. The class exemption has two basic information collection 
requirements. The first requires the borrower of the plan securities to 
report certain information to the lending plan fiduciary, and the 
second calls for a written agreement between the lending plan and the 
borrower.
    Type of Review: Extension.
    Agency: Pension and Welfare Benefits Administration.
    Title: Prohibited Transaction Class Exemption 81-6.
    OMB Number: 1210-0065.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions, Individuals.
    Total Respondents: 18,245.
    Frequency: On occasion.
    Total Responses: 36,490.
    Average Time Per Response: 5 minutes.
    Estimated Total Burden Hours: 3,041.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

    Dated: June 26, 1998.
Gerald B. Lindrew,
Deputy Director, Office of Policy and Research Pension and Welfare 
Benefits Administration.
[FR Doc. 98-17567 Filed 7-1-98; 8:45 am]
BILLING CODE 4510-29-M