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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1210-0066
ICR Reference No:
200904-1210-004
Status:
Historical Active
Previous ICR Reference No:
200603-1210-003
Agency/Subagency:
DOL/EBSA
Agency Tracking No:
Title:
ERISA Procedure 76-1; Advisory Opinion Procedure
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
06/15/2009
Retrieve Notice of Action (NOA)
Date Received in OIRA:
05/07/2009
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
06/30/2012
36 Months From Approved
06/30/2009
Responses
63
0
83
Time Burden (Hours)
652
0
855
Cost Burden (Dollars)
1,425,229
0
51,000
Abstract:
Information collection provisions of ERISA Procedure 76-1 are used by persons supplying information needed for the Department to respond to their request for an interpretation as to the applicability of ERISA to a specific set of facts and circumstances. The Department's responses to such requests are called "information letters" and "advisory opinions."
Authorizing Statute(s):
US Code:
29 USC 1001
Name of Law: Employee Income Security Act of 1974
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
74 FR 4980
01/28/2009
30-day Notice:
Federal Register Citation:
Citation Date:
74 FR 21403
05/07/2009
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
ERISA Procedure 76-1; Advisory Opinion Procedure
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
63
83
0
0
-20
0
Annual Time Burden (Hours)
652
855
0
0
-203
0
Annual Cost Burden (Dollars)
1,425,229
51,000
0
0
1,374,229
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The methodology used to estimate paperwork burden hours for this submission is essentially the same as for the prior submission in 2006 The Department did however revise its estimate of the cost for outside legal counsel. The Department determined that its previous estimates of outside legal counsel where too low. This resulted in an increase in the cost burden over the previous estimates. In addition the Department updated its estimate of the number of requests it received. Using historical date from the last three years the Department estimates that on average it receives 63 requests per year; this estimate is down from the previous estimate of 83 requests for year. The Department also updated its estimates of labor rates. Finally, discussions with the EBSA office responsible for collecting and storing documents caused a reduction in the estimate of the cost of storing documents.
Annual Cost to Federal Government:
$6,322
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
Uncollected
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Chris Cosby 202 693-8540
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
05/07/2009
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