EBSA
Notices
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.
[ 4/28/2006]
[ PDF]
FR Doc E6-6397
[Federal Register: April 28, 2006 (Volume 71, Number 82)]
[Notices]
[Page 25228-25229]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap06-97]
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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 June 27, 2006.
ADDRESSES: Direct all written comments to Susan G. Lahne, 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
[[Page 25229]]
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 including, with respect to
collectively bargained multiple employer plans' sharing office space
and administrative services with parties in interest, relief from the
prohibitions of subsection 406(b)(2) of ERISA, under specific
conditions. 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 three 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 July 31, 2006.
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: 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: April 19, 2006.
Susan G. Lahne,
Office of Policy and Research, Employee Benefits Security
Administration.
[FR Doc. E6-6397 Filed 4-27-06; 8:45 am]
BILLING CODE 4510-29-P
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