The Department of Labor's Employee Benefits Security Administration has had brokerage windows on its radar since the agency issued final regulations on investment and fee disclosure for participant-directed retirement plans in October of 2010. 

The latest evidence that they remain on its radar is EBSA's request-for-information in August asking for public comment on these investing arrangements in individual account-type plans, such as 401(k)s. 

EBSA is asking the public and those in the industry a series of 39 questions, the stated purpose being to determine "whether, and to what extent, regulatory standards or other guidance concerning the use of brokerage windows … are necessary to protect participants' retirement savings." 

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