[Federal Register: December 5, 2006 (Volume 71, Number 233)]
[Notices]
[Page 70545-70546]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de06-76]
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DEPARTMENT OF LABOR
Employee Benefits Security Administration
Proposed Extension of Information Collection; Comment Request;
Petition for Finding Under Section 3(40) of ERISA
AGENCY: Employee Benefits Security Administration, Department of Labor.
ACTION: Notice.
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SUMMARY: The Department of Labor (the Department), in accordance with
the Paperwork Reduction Act of 1995 (PRA) (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
program helps the Department assess the impact of its information
collection requirements and minimize the reporting burden on the
public. It also helps the public understand the Department's
information collection requirements and provide the requested data in
the desired format. Currently, the Employee Benefits Security
Administration (EBSA) is soliciting comments on the proposed extension
of the information collections contained in regulations pertaining to
the Department's procedures to making a finding under section 3(40) of
the Employee Retirement Income Security Act of 1974 (ERISA) as to
whether an employee benefit plan is established and maintained pursuant
to one or more collective bargaining agreements. A copy of the
information collection request (ICR) can be obtained by contacting the
office shown in the ADDRESSES section of this notice.
DATES: Written comments must be submitted to the office shown in the
ADDRESSES section on or before February 5, 2007.
ADDRESSES: Direct all written comments to Susan G. Lahne, Office of
Policy and Research, Employee Benefits Security Administration, U.S.
Department of Labor, 200 Constitution Avenue, NW., Room N-5647,
Washington, DC 20210. Telephone: (202) 693-8410; Fax: (202) 219-4745.
These are not toll-free numbers. Comments may also be submitted
electronically to the following Internet e-mail address:
ebsa.opr@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Rules codified beginning at 29 CFR 2570.150 set forth an
administrative procedure (``procedural rules'') for obtaining a
determination by the
[[Page 70546]]
Department as to whether a particular employee benefit plan is
established or maintained under or pursuant to one or more collective
bargaining agreements for purposes of section 3(40) of ERISA. These
procedural rules concern specific criteria set forth in 29 CFR 2510.3-
40 (``criteria rules''), which, if met, constitute a finding by the
Department that a plan is collectively bargained. Plans that meet the
requirements of the criteria rules are not subject to state law. Among
other requirements, the procedural rules require submission of a
petition and affidavits by parties seeking a finding. The Department
has obtained approval from the Office of Management and Budget (OMB),
under OMB Control No. 1210-0119, for the information collections
contained in its rules for a finding under section 3(40). This approval
is currently scheduled to expire on March 30, 2007.
II. Current Actions
This notice requests comments on an extension of OMB's approval of
the information collections included in 29 CFR 2510.3-40. After
considering comments received in response to this notice, the
Department intends to submit an ICR to OMB for continuing approval of
the information collection contained in 29 CFR 2510.3-40. No change to
the existing ICR is proposed or made 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: Petition for Finding under Section 3(40) of ERISA.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0119.
Affected Public: Business or other for-profit; not-for-profit
institutions.
Respondents: 45.
Responses: 45.
Estimated Total Burden Hours: 1.
Estimated Total Burden Cost (Operating and Maintenance): $120,420.
III. Desired Focus of Comments
The Department is particularly interested in comments that:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the
burden of 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 through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., by
permitting electronic submissions of responses.
Comments submitted in response to this notice will be summarized
and/or included in the request for OMB approval; they will also become
a matter of public record.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security
Administration.
[FR Doc. E6-20521 Filed 12-4-06; 8:45 am]
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