BILLING CODE: 4510-29-P
DEPARTMENT OF LABOR
Agency Information Collection Activities; Submission for OMB Review; Comment
Request; Employee Retirement Income Security Act Section 408(b)(2) Regulation
ACTION: Notice of availability; request for comments.
SUMMARY: The Department of Labor (DOL) is submitting this Employee Benefits
Security Administration (EBSA)-sponsored information collection request (ICR) to the
Office of Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
DATES: The OMB will consider all written comments that the agency receives on or
before [INSERT DATE 30 DAYS AFTER THE DATE OF PUBLICATION IN THE
FEDERAL REGISTER].
ADDRESSES: Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information collection by
selecting "Currently under 30-day Review - Open for Public Comments" or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Michael Howell by telephone at 202693-6782, or by email at DOL_PRA_PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION:
The prohibited transaction described in section 406(a)(1)(C) of ERISA generally
prohibits the furnishing of goods, services, or facilities between a plan and a party in
interest to the plan. Because ERISA defines any person furnishing services to the plan as
a “party in interest” to the plan, a service relationship between a plan and a service
provider would constitute a prohibited transaction under section 406(a)(1)(C) in the
absence of relief. Section 408(b)(2) of ERISA provides relief, however, for service

contracts or arrangements if the contract or arrangement is “reasonable,” if the services
are necessary for the establishment or operation of the plan, and if no more than
“reasonable” compensation is paid for the services. The Department's final rule under
ERISA section 408(b)(2) (29 CFR 2550.408b–2) requires reasonable contracts or
arrangements between employee pension benefit plans and certain providers of services
to such plans include specified information to assist plan fiduciaries in assessing the
reasonableness of the compensation paid for services and the conflicts of interest that
may affect a service provider's performance of services.
The Department also issued a class prohibited transaction exemption as part of the
final rule. The class exemption grants plan fiduciaries relief from liability for a prohibited
transaction resulting from the service provider's failure to comply with the regulation's
disclosure requirements. The Department recognizes that a plan fiduciary may on
occasion unknowingly enter into a contract or arrangement that does not meet the
requirements of the regulation for relief under ERISA section 408(b)(2), in the reasonable
belief that the service provider has divulged the requisite information. If the requirements
of the rule are not satisfied, a prohibited transaction occurs for both the service provider
and the plan fiduciary, but for the availability of the class exemption. For additional
substantive information about this ICR, see the related notice published in the Federal
Register on February 5, 2024 (89 FR 7732).
Comments are invited on: (1) whether the collection of information is
necessary for the proper performance of the functions of the Department, including
whether the information will have practical utility; (2) the accuracy of the agency's
estimates of the burden and cost of the collection of information, including the validity of
the methodology and assumptions used; (3) ways to enhance the quality, utility and
clarity of the information collection; and (4) ways to minimize the burden of the

collection of information on those who are to respond, including the use of automated
collection techniques or other forms of information technology.
This information collection is subject to the PRA. A Federal agency generally
cannot conduct or sponsor a collection of information, and the public is generally not
required to respond to an information collection, unless the OMB approves it and
displays a currently valid OMB Control Number. In addition, notwithstanding any other
provisions of law, no person shall generally be subject to penalty for failing to comply
with a collection of information that does not display a valid OMB Control Number. See
5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this information collection for three (3) years.
OMB authorization for an ICR cannot be for more than three (3) years without renewal.
The DOL notes that information collection requirements submitted to the OMB for
existing ICRs receive a month-to-month extension while they undergo review.
Agency: DOL-EBSA.
Title of Collection: Employee Retirement Income Security Act Section 408(b)(2)
Regulation.
OMB Control Number: 1210-0133.
Affected Public: Private sector, Business or other for profits.
Total Estimated Number of Respondents: 119,686.
Total Estimated Number of Responses:

1,877,576.

Total Estimated Annual Time Burden: 1,281,731 hours.
Total Estimated Annual Other Costs Burden: $183,826.
(Authority: 44 U.S.C. 3507(a)(1)(D))
Michael Howell,
Senior Paperwork Reduction Act Analyst.

[FR Doc. 2024-14249 Filed: 6/27/2024 8:45 am; Publication Date: 6/28/2024]