[Federal Register Volume 74, Number 249 (Wednesday, December 30, 2009)]
[Notices]
[Pages 69148-69149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30996]


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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 or at http://www.RegInfo.gov.

DATES: Written comments must be submitted to the office shown in the 
Addresses section on or before March 1, 2010.

ADDRESSES: Direct all written comments to G. Christopher Cosby, 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: 
[email protected].

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 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 April 30, 2010.

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

[[Page 69149]]

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: 0.
    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.

    Dated: December 24, 2009.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security 
Administration.
[FR Doc. E9-30996 Filed 12-29-09; 8:45 am]
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