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/ Wednesday, November 12, 2003
[Federal Register: November 12, 2003 (Volume 68, Number 218)]
[Notices]
[Page 64127]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no03-75]
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DEPARTMENT OF LABOR
Employee Benefits Security Administration
Proposed Extension of Information Collection Request Submitted
for Public Comment; 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, as part of its continuing effort to
reduce paperwork and respondent burden, conducts a preclearance
consultation program to provide the general public and Federal agencies
with an opportunity to comment on proposed and continuing collections
of information in accordance with the Paperwork Reduction Act of 1995
(PRA 95). This program helps to ensure that requested data can be
provided in the desired format, reporting burden (time and financial
resources) is minimized, collection instruments are clearly understood,
and the impact of collection requirements on respondents can be
properly assessed. Currently, the Employee Benefits Security
Administration is soliciting comments on the proposed extension of the
Petition for Finding under Section 3(40) of ERISA.
A copy of the information collection request (ICR) can be obtained
by contacting the individual 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 January 12, 2004.
ADDRESSES: Gerald B. Lindrew, Department of Labor, Employee Benefits
Security Administration, 200 Constitution Avenue NW., Washington, DC
20210, (202) 693-8410, FAX (202) 693-4745 (these are not toll-free
numbers).
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 Secretary of Labor (Secretary) as to whether a
particular employee benefit plan is established or maintained under or
pursuant to one or more agreements that are collective bargaining
agreements for purposes of section 3(40) of the Employee Retirement
Income Security Act of 1974 (ERISA). These procedural rules relate to
specific criteria set forth in 29 CFR 2510.3-40 (``criteria rules'')
that if met constitute a finding by the Secretary that a plan is
maintained under or pursuant to one or more collective bargaining
agreements. Employee benefit plans that meet the requirements of the
criteria rules are generally excluded from the definition of ``multiple
employer welfare arrangements'' under section 3(40) and are
consequently not subject to state regulation. These rules were
generally effective on April 9, 2003.
The procedure that includes the ICR is available only in situations
where the jurisdiction or law of a state has been asserted against an
entity that it meets the exception for plans established or maintained
under or pursuant to one or more collective bargaining agreements and
is, as a result, subject to state law.
II. Review Focus
The Department of Labor (Department) is particularly interested in
comments that:
[sbull] 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;
[sbull] 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;
[sbull] Enhance the quality, utility, and clarity of the
information to be collected; and
[sbull] 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., permitting
electronic submissions of responses.
III. Current Actions
The Office of Management and Budget's (OMB) approval of this ICR
will expire on January 31, 2004. After considering comments received in
response to this notice, the Department intends to submit the ICR to
OMB for continuing approval. No change to the existing ICR is proposed
or made at this time.
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: Individuals or households; 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): $104,100.
Comments submitted in response to this notice will be summarized
and/or included in the request for OMB approval of the information
collection request; they will also become a matter of public record.
Dated: November 6, 2003.
Gerald B. Lindrew,
Deputy Director, Office of Policy and Research, Employee Benefits
Security Administration.
[FR Doc. 03-28299 Filed 11-10-03; 8:45 am]
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