[Federal Register Volume 68, Number 47 (Tuesday, March 11, 2003)]
[Notices]
[Pages 11586-11587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5730]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection; Comment Request; 
Prohibited Transaction Class Exemptions for Multiple Employer Plans and 
Multiple Employer Apprenticeship Plans, PTCE 76-1, PTCE 77-10, PTCE 78-
6

ACTION: Notice.

-----------------------------------------------------------------------

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) (44 U.S.C. 3506(c)(2)(A)). This 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 concerning the information collection request (ICR) 
incorporated in exemptions for certain transactions involving multiple 
employer plans and multiple employer apprenticeship plans. A copy of 
the ICR may be obtained by contacting the office listed in the 
addresses section of this notice.

DATES: Written comments must be submitted to the office shown in the 
addresses section below on or before May 12, 2003.

ADDRESSES: Joseph S. Piacentini, Office of Policy and Research, U.S. 
Department of Labor, Employee Benefits Security Administration, 200 
Constitution Avenue, NW., Room N-5718, Washington, DC 20210. Telephone: 
(202) 693-8410; Fax: (202) 219-5333. These are not toll-free numbers.

SUPPLEMENTARY INFORMATION: 

I. Background

    Prohibited Transaction Class Exemption 76-1 (PTCE 76-1), approved 
under OMB No. 1210-0058, provides an exemption, under specified 
conditions, from certain of ERISA's prohibited transaction provisions 
at section 406(a) for various transactions involving multiemployer or 
multiple employer plans (together, multiple employer plans). Part A of 
PTCE 76-1 provides that an agreement between a plan and an employer for 
extending the time for a contribution must be in writing. Part B 
provides that permanent financing for construction loans involving 
plans and participating employers must be in writing, and records must 
be maintained for six years. Part C involves the provision of office 
space or services or good by a plan to a participating employer. A 
related exemption, PTCE 77-10, also approved under OMB No. 1210-0058, 
complements Part C of PTCE 76-1 by providing an exemption from section 
406(b)(2) of ERISA under specific conditions.

[[Page 11587]]

    The Department proposes with this request for a revision of an 
approved information collection to combine the information collection 
under PTCE 76-1 with the information collection in PTCE 78-6, currently 
approved under OMB No. 1210-0080, by incorporating the information 
collection provisions of PTCE 78-6 into the revised ICR under OMB No. 
1210-0058 and allowing the control number for PTCE 78-6 to expire. PTCE 
78-6 provides an exemption to multiple employer apprenticeship plans 
for the purchase of personal property or the lease of real property by 
a plan to a contributing employer. The Department believes that the 
public will benefit by having the opportunity to comment on the three 
information collection provisions at the same time because the three 
exemptions are closely related and may be used by the same parties.

II. 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., permitting electronic 
submission of responses.

III. Current Action

    This notice requests comments on the revision of the information 
collection provisions in PTCE 76-1, which provides exemptions from 
certain prohibited transactions for multiple employer plans, and the 
inclusion of the ICR in PTCE 78-6 that exempts multiple employer 
apprenticeship plans with the information collections currently 
approved under OMB No. 1210-0058. The Department is not proposing or 
implementing changes to any of the three ICRs at this time.
    Type of Review: Revision of a currently approved collection of 
information.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Titles: Prohibited Transaction Class Exemptions for Multiple 
Employer Plans and Multiple Employer Apprenticeship Plans, PTCE 76-1, 
PTCE 77-10, PTCE 78-6.
    OMB Number: 1210-0058.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 3,442.
    Frequency of Response: On occasion.
    Responses: 5,326.
    Estimated Total Burden Hours: 1,225.
    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: March 3, 2003.
Joseph S. Piacentini,
Deputy Director, Office of Policy and Research, Employee Benefits 
Security Administration.
[FR Doc. 03-5730 Filed 3-10-03; 8:45 am]
BILLING CODE 4510-29-P