[Federal Register Volume 68, Number 218 (Wednesday, November 12, 2003)]
[Notices]
[Page 64127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28299]


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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]
BILLING CODE 4510-29-P