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Code · REGISTER · 2007-06-18 · Employee Benefits Security Administration, Department of Labor · Notices

Notices. Notice

2,574 words·~12 min read·/register/2007/06/18/07-3027·

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BILLING CODE 4510-23-P DEPARTMENT OF LABOR Employee Benefits Security Administration Proposed Extension of Information Collection Request Submitted for Public Comment; Final Rule on Plan Loans to Participants and Beneficiaries 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 95) (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 public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Employee Benefits Security Administration is soliciting comments on the proposed extension of the information collection provisions of its regulation relating to loans to plan participants and beneficiaries who are parties in interest with respect to the plan (29 CFR 2550.408b-1).
A copy of the information collection request
(ICR)may be obtained by contacting the office listed in the ADDRESSES section of this notice. ICRs also are available at *reginfo.gov* ( *http://www.reginfo.gov/public/do/PRAMain* ). DATES: Written comments must be submitted to the office shown in the ADDRESSES section on or before August 17, 2007. ADDRESSES: Joseph S. Piacentini, Department of Labor, Employee Benefits Security Administration, 200 Constitution Avenue, NW., Washington, DC 20210,
(202)693-8410, FAX
(202)693-4745 (these are not toll-free numbers). SUPPLEMENTARY INFORMATION: I. Background The Employee Retirement Income Security Act of 1974 (ERISA) prohibits a plan fiduciary from causing the plan to engage in a transaction if he knows or should know that such transaction constitutes direct or indirect loan or extension of credit between the plan and a party in interest. ERISA section 408(b)(1) exempts from this prohibition loans from a plan to parties in interest who are participants and beneficiaries of the plan, provided that certain requirements are satisfied. In final regulations published in the **Federal Register** on July 20, 1989 (54 FR 30520), the Department provided additional guidance on section 408(b)(1)(C), which requires that loans be made in accordance with specific provisions in the plan. This ICR therefore relates to the provisions plan documents must include in order that a plan may make loans to participants. II. Current Actions This notice requests public comment on the Department's request for extension of OMB approval of the information collection contained in its final rule at 29 CFR 2550.408b-1. After considering all the responses to this notice, the Department intends to submit an ICR to OMB for continuing approval. The Department is not proposing any changes to the existing ICR 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:* Regulation Relating to Loans to Plan Participants and Beneficiaries who are Parties in Interest with Respect to the Plan. *Type of Review:* Extension of a currently approved collection of information. *OMB Number:* 1210-0076. *Affected Public:* Individuals or households; businesses or other for-profit entities; not-for-profit institutions. *Total Respondents:* 1,700. *Frequency of Responses:* On occasion. *Responses:* 1,700. *Estimated Total Burden Hours:* 0. *Estimated Total Burden Cost (Operating and Maintenance):* $428,000. III. Desired 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 agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's burden estimate in 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 suggestions for appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., by permitting responses to be submitted electronically. Comments submitted in response to this notice will be summarized and possibly included in the ICR for OMB approval of the extension of the information collection; they will also become a matter of public record. Dated: June 8, 2007. Joseph S. Piacentini, Director, Office of Policy and Research, Employee Benefits Security Administration. [FR Doc. E7-11668 Filed 6-15-07; 8:45 am] BILLING CODE 4510-29-P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2007-0051] The Hydrostatic Testing Provision of the Standard on Portable Fire Extinguishers; Extension of the Office of Management and Budget's
(OMB)Approval of Information Collection (Paperwork) Requirements AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comment. SUMMARY: OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in the Hydrostatic Testing Provision of the Standard on Portable Fire Extinguishers (29 CFR 1910.157(f)(16)). The hydrostatic testing provision requires employers to certify that portable fire extinguishers have been hydrostatically tested as prescribed by the Standard by preparing a certification record upon completion of the test. The record must be maintained on file and made available to OSHA compliance staff. DATES: Comments must be submitted (postmarked, sent, or received) by August 17, 2007. ADDRESSES: *Electronically:* You may submit comments and attachments electronically at *http://www.regulations.gov* , which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. *Facsimile:* If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at
(202)693-1648. *Mail, hand delivery, express mail, messenger, or courier service:* When using this method, you must submit three copies of your comments and attachments to the OSHA Docket Office, Docket No. OSHA-2007-0051, U.S. Department of Labor, Occupational Safety and Health Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor's and Docket Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t. *Instructions:* All submissions must include the Agency name and OSHA docket number for the ICR (OSHA-2007-0051). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at *http://www.regulations.gov.* For further information on submitting comments see the “Public Participation” heading in the section of this notice titled “Supplementary Information.” *Docket:* To read or download comments or other material in the docket, go to *http://www.regulations.gov* or the OSHA Docket Office at the address above. All documents in the docket (including this **Federal Register** notice) are listed in the *www.regulations.gov* index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact Theda Kenney at the address below to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; telephone
(202)693-2222. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and OSHA's estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651 *et seq.* ) authorizes information collection by employers as necessary or appropriate for enforcement of the Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of efforts in obtaining information (29 U.S.C. 657). The following section describes who uses the information in the certification record, as well as how they use it. The purpose of the requirement is to reduce employees' risk of death or serious injury by ensuring that portable fire extinguishers are in safe operating condition. Test Records (§ 1910.157(f)(16)) Paragraph (f)(16) requires employers to develop and maintain a certification record of hydrostatic testing of portable fire extinguishers. The certification record must include the date of inspection, the signature of the person who performed the test, and the serial number (or other identifier) of the fire extinguisher that was tested. Disclosure of Test Certification Records The certification record must be made available to the Assistant Secretary or his/her representative upon request. The certification record provides assurance to employers, employees, and OSHA compliance officers that the fire extinguishers have been hydrostatically tested in accordance with and at the intervals specified in § 1910.157(f)(16), thereby, ensuring that they will operate properly in the event employees need to use them. Additionally, these records provide the most efficient means for the compliance officers to determine that an employer is complying with the hydrostatic testing provision. II. Special Issues for Comment OSHA has a particular interest in comments on the following issues: • Whether the proposed information collection requirements are necessary for the proper performance of the Agency's functions, including whether the information is useful; • The accuracy of OSHA's estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used; • The quality, utility, and clarity of the information collected; and • Ways to minimize the burden on employers who must comply; for example, by using automated or other technological information collection and transmission techniques. III. Proposed Actions OSHA is requesting that OMB extend its approval of the information collection requirements contained in the Hydrostatic Testing Provision of the Standard on Portable Fire Extinguishers (29 CFR 1910.157(f)(16)). The Agency is requesting to increase its current burden hour estimate associated with this Standard from 123,180 hours to 125,952 hours for a total increase of 2,772 hours. The Agency will summarize the comments submitted in response to this notice and will include this summary in the request to OMB. *Type of Review:* Extension of a currently approved collection. *Title:* The Hydrostatic Testing Provision of the Standard on Portable Fire Extinguishers (29 CFR 1910.157(f)(16)). *OMB Number:* 1218-0218. *Affected Public:* Business or other for-profit. *Number of Respondents:* 9,202,500. *Frequency:* On occasion. *Average Time Per Response:* Varies from one minute (.02 hour) to maintain a certification record of fire extinguishers tested off-site to 33 minutes (.55 hour) to test fire extinguishers on-site and to generate and maintain the certification record. *Estimated Total Burden Hours:* 125,952. *Estimated Cost (Operation and Maintenance):* $16,687,200. IV. Public Participation—Submission of Comments on This Notice and Internet Access to Comments and Submissions You may submit comments in response to this document as follows:
(1)Electronically at *http://www.regulations.gov* , which is the Federal eRulemaking Portal;
(2)by facsimile (FAX); or
(3)by hard copy. All comments, attachments, and other material must identify the Agency name and the OSHA docket number for the ICR (Docket No. OSHA-2007-0051). You may supplement electronic submissions by uploading document files electronically. If you wish to mail additional materials in reference to an electronic or facsimile submission, you must submit them to the OSHA Docket Office (see the section of this notice titled ADDRESSES ). The additional materials must clearly identify your electronic comments by your name, date, and the docket number so the Agency can attach them to your comments. Because of security procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger, or courier service, please contact the OSHA Docket Office at
(202)693-2350 (TTY
(877)889-5627). Comments and submissions are posted without change at *http://www.regulations.gov.* Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and date of birth. Although all submissions are listed in the *www.regulations.gov.* index, some information (e.g., copyrighted material) is not publicly available to read or download through this Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the *www.regulations.gov* . Web site to submit comments and access the docket is available at the Web site's “User Tips” link. Contact the OSHA Docket Office for information about materials not available through the Web site, and for assistance in using the Internet to locate docket submissions. V. Authority and Signature Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 *et seq.* ) and Secretary of Labor's Order No. 5-2002 (67 FR 65008). Signed at Washington, DC on June 7, 2007. Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E7-11641 Filed 6-15-07; 8:45 am] BILLING CODE 4510-26-P NATIONAL COUNCIL ON DISABILITY Youth Advisory Committee Meetings (Teleconferences) *Federal Register Citation of Previous Announcement:* **Federal Register** : October 11, 2006 (Volume 71, Number 196) [Notices] [Page 59838]. *Previously Announced Times and Dates of the Meetings:* July 24, 2007, 3:30 p.m. Eastern; September 18, 2007, 3:30 p.m. Eastern. *Changes to Times and Dates of the Meetings:* August 14, 2007, 3:30 p.m. Eastern; September 25, 2007, 3:30 p.m. Eastern. *Place:* National Council on Disability, 1331 F Street, NW., Suite 850, Washington, DC. *Agency:* National Council on Disability (NCD). *Status:* All parts of these conference calls will be open to the public for observation only. Those interested in observing on conference calls should contact the appropriate staff member listed below. Due to limited resources, only a few telephone lines will be available for each conference call. *Agenda:* Roll call, announcements, reports, new business, adjournment. FOR FURTHER INFORMATION CONTACT: Gerrie Drake Hawkins, PhD, Senior Program Analyst, National Council on Disability, 1331 F Street, NW., Suite 850, Washington, DC 20004; 202-272-2004 (voice), 202-272-2074 (TTY), 202-272-2022 (fax), *youth@ncd.gov* (e-mail). *Accommodations:* Those needing reasonable accommodations should notify NCD at least two weeks before this meeting. *Language Translation:* In accordance with Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, those people with disabilities who are limited English proficient and seek translation services for this meeting should notify NCD at least two weeks before this meeting. *Youth Advisory Committee Mission:* The purpose of NCD's Youth Advisory Committee is to provide input into NCD activities consistent with the values and goals of the Americans with Disabilities Act. Dated: June 11, 2007. Mark S. Quigley, Acting Co-Executive Director. [FR Doc. E7-11695 Filed 6-15-07; 8:45 am] BILLING CODE 6820-MA-P NATIONAL CREDIT UNION ADMINISTRATION Sunshine Act; Notice of Meeting Time and Date: 10 a.m., Thursday, June 21, 2007. Place: Board Room, 7th Floor, Room 7047, 1775 Duke Street, Alexandria, VA 22314-3428. Status: Open. Matters to Be Considered: 1. Proposed Rule: Section 701.23 of NCUA's Rules and Regulations, Purchase, Sale, and Pledge of Eligible Obligations. 2. Prompt Corrective Action Reform Proposal. FOR FURTHER INFORMATION CONTACT: Mary Rupp, Secretary of the Board, Telephone: 703-518-6304. Hattie Ulan, Acting Board Secretary, [FR Doc. 07-3027 Filed 6-14-07; 3:51 pm]
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