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OMB Control No: 1210-0059	ICR Reference No: 202403-1210-005
Status: Active	Previous ICR Reference No: 202308-1210-006
Agency/Subagency: DOL/EBSA	Agency Tracking No:
Title: Employee Retirement Income Security Act Prohibited Transaction Exemption 1986-128 For Securities Transactions Involving Employee Benefit Plans and Broker-Dealers
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/16/2024
	Date Received in OIRA: 04/25/2024
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2027	36 Months From Approved	08/31/2025
Responses	4,150	0	275,745
Time Burden (Hours)	177	0	2,193
Cost Burden (Dollars)	3,300	0	296,108

Abstract: Prohibited Transaction Exemption 86-128 (as amended) permits persons who serve as fiduciaries for employee benefit plans to effect or execute securities transactions on behalf of employee benefit plans.

Authorizing Statute(s): US Code: 29 USC 1108 Name of Law: Employee Retirement Income Security Act of 1974

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1210-ZA34	Final or interim final rulemaking	89 FR 32346	04/25/2024

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 76032	11/03/2023
Did the Agency receive public comments on this ICR? Yes

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	4,150	275,745	-271,595
Annual Time Burden (Hours)	177	2,193	-2,016
Annual Cost Burden (Dollars)	3,300	296,108	-292,808

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 number of plans affected has been updated to reflect updated Form 5500 data. Additionally, the estimated number of affected transacting fiduciaries has also been changed to consider the number of dually-registered broker-dealers, instead of total broker-dealers. These changes result in a decline in the number of respondents. In addition, the Department has also revised its estimate of wages as well as the rate of electronic disclosures, now assuming that business to business communications will be delivered 100% electronically. As a result of these changes, the number of responses has decreased by 271,595 responses, the hour burden decreased by 2,016 hours, and the cost burden decreased by $292,808. Finally, the Department is amending PTE 86-128 by removing the receipt of compensation as a result of providing fiduciary investment advice from the covered transactions. The Department believes that this would result in a marginal change in burden for this ICR, and thus, this change would not affect the hour and cost burden.

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Yes

Agency Contact: James Butikofer 202 693-8434 Butikofer.James@dol.gov

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