Proposed Extension of Information Collection; Comment Request; Prohibited Transaction Class Exemptions for Multiple Employer Plans and Multiple Employer Apprenticeship Plans, PTE 76-1, PTE 77-10, PTE 78-6, 31978-31979 [E9-15774]

Agencies

• Employee Benefits Security Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Notices]
[Pages 31978-31979]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15774]


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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, PTE 76-1, PTE 77-10, PTE 78-6

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) (44 U.S.C. 3506(c)(2)(A)). This program helps to ensure that 
the Department can properly assess the impact of its information 
collection requirements on respondents and minimize the reporting 
burden (time and financial resources) on the public and that the public 
can understand the Department's collection instruments and provide the 
requested data in the desired format. Currently, the Employee Benefits 
Security Administration is soliciting comments concerning the 
information collections incorporated in three related prohibited 
transactions class exemptions (PTEs) that apply to certain transactions 
involving collectively bargained multiple employer plans. A copy of the 
information collection request (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 September 4, 2009.

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-5718, 
Washington, DC 20210, (210) 693-8410, FAX (202) 219-4745 (the foregoing 
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

    This ICR covers information collections contained in three related 
prohibited transaction class exemptions: PTE 76-1, PTE 77-10, and PTE 
78-6. All three of these exemptions cover transactions that were 
recognized by the Department as being well-established, reasonable and 
customary transactions in which collectively bargained multiple 
employer plans (principally, multiemployer plans, but also including 
other collectively bargained multiple employer plans) frequently engage 
in order to carry out their purposes.
    PTE 76-1 provides relief, under specified conditions, for three 
types of transactions: (1) Part A of PTE 76-1 permits collectively 
bargained multiple employer plans to take several types of actions 
regarding delinquent or uncollectible employer contributions; (2) Part 
B of PTE 76-1 permits collectively bargained multiple employer plans, 
under specified conditions, to make construction loans to participating 
employers; and (3) Part C of PTE 76-1 permits collectively bargained 
multiple employer plans to share office space and administrative 
services, and the costs associated with such office space and services, 
with parties in interest. PTE 77-10 complements Part C of PTE 76-1 by 
providing relief from the prohibitions of subsection 406(b)(2) of ERISA 
with respect to collectively bargained multiple employer plans sharing 
office space and administrative services with parties in interest if 
specific conditions are met. PTE 78-6 provides an exemption to 
collectively bargained multiple employer apprenticeship plans for the 
purchase or leasing of personal property from a contributing employer 
(or its wholly owned subsidiary) and for the leasing of real property 
(other than office space within the contemplation of section 408(b)(2) 
of ERISA) from a contributing employer (or its wholly owned subsidiary) 
or an employee organization any of whose members' work results in 
contributions being made to the plan.
    Each of these PTEs requires, as part of its conditions, either 
written agreements, recordkeeping, or both. The Department has combined 
the information collection provisions of the three PTEs into one 
information collection request (ICR) because it believes that the 
public benefits from having the opportunity to collectively review 
these closely related exemptions and their similar information 
collections. The Department previously submitted an ICR to the Office 
of Management and Budget (OMB) for approval of the information 
collections in PTEs 76-1, 77-10, and 78-6 and received OMB approval 
under the OMB Control No. 1210-0058. The current approval is scheduled 
to expire on October 31, 2009.

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., by 
permitting electronic submission of responses.

III. Current Action

    This notice requests comments on the proposed extension of the 
approval of the ICR relating to PTEs 76-1, 77-10, and 78-6. The 
Department is not proposing or implementing changes to the existing 
information collection requirements at this time. The following 
summarizes the ICR and the current burden estimates:
    Type of Review: Extension 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: Business or other for-profit; Not-for-profit 
institutions.
    Respondents: 4,565.

[[Page 31979]]

    Frequency of Response: On occasion.
    Responses: 4,565.
    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: June 26, 2009.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security 
Administration.
[FR Doc. E9-15774 Filed 7-2-09; 8:45 am]
BILLING CODE 4510-29-P