81_FR_47978 81 FR 47837 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Petition for Finding Under Employee Retirement Income Security Act Section 3(40)

81 FR 47837 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Petition for Finding Under Employee Retirement Income Security Act Section 3(40)

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 81, Issue 141 (July 22, 2016)

Page Range47837-47838
FR Document2016-17253

The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Petition for Finding Under Employee Retirement Income Security Act Section 3(40),'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited.

Federal Register, Volume 81 Issue 141 (Friday, July 22, 2016)
[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]
[Notices]
[Pages 47837-47838]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17253]


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

DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Petition for Finding Under Employee Retirement 
Income Security Act Section 3(40)

ACTION: Notice.

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

SUMMARY: The Department of Labor (DOL) is submitting the Employee 
Benefits Security Administration (EBSA) sponsored information 
collection request (ICR) titled, ``Petition for Finding Under Employee 
Retirement Income Security Act Section 3(40),'' to the Office of 
Management and Budget (OMB) for review and approval for continued use, 
without change, in accordance with the Paperwork Reduction Act of 1995 
(PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before August 22, 2016.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained free of charge 
from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201605-1210-006 (this link will only become active 
on the day following publication of this notice) or by contacting 
Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are 
not toll-free numbers) or by email at [email protected].
    Submit comments about this request by mail or courier to the Office 
of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
EBSA, Office of Management and Budget, Room 10235, 725 17th Street NW., 
Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: [email protected]. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor-OASAM, Office of the 
Chief Information Officer, Attn: Departmental Information Compliance 
Management Program, Room N1301, 200 Constitution Avenue NW., 
Washington, DC 20210; or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at 
202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by 
email at [email protected].

     Authority: 44 U.S.C. 3507(a)(1)(D).

SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for 
the Petition for Finding Under Employee Retirement Income Security Act 
(ERISA) section 3(40) (29 U.S.C. 1002(40)) information collection. 
Regulations 29 CFR 2570.150 et seq. provide procedures for an entity 
against whom State jurisdiction has been asserted to petition the 
Secretary to make a finding under ERISA section 3(40)(A)(i) (29 U.S.C. 
1002(40)(A)(i)) that the entity is established or maintained under or 
pursuant to one or more collective bargaining agreements. The 
regulations establish procedures for initiating an administrative 
proceeding before the Office of Administrative Law Judges (OALJ) and 
establish that an OALJ decision shall constitute a finding under ERISA 
section 3(40)(A)(i). The regulations also provide for an appeal of an 
OALJ decision to the Secretary. ERISA sections 3(40) and 505 authorize 
this information collection. See 29 U.S.C. 1002(40), 1135.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by the OMB under the PRA and displays 
a currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6. The DOL obtains OMB approval for this information collection 
under Control Number 1210-0119.
    OMB authorization for an ICR cannot be for more than three (3) 
years without renewal, and the current approval for this collection is 
scheduled to expire on July 31, 2016. The DOL seeks to extend PRA 
authorization for this information collection for three (3) more years, 
without any change to existing requirements. The DOL notes that 
existing information collection requirements submitted to the OMB 
receive a month-to-month extension while they undergo review. For 
additional substantive information about this ICR, see the related 
notice published in the Federal Register on November 23, 2015 (80 FR 
72990).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section within thirty (30) days of publication of this 
notice in the Federal Register. In order to help ensure appropriate 
consideration, comments should mention OMB Control Number 1210-0119. 
The OMB 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

[[Page 47838]]

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.
    Agency: DOL-EBSA.
    Title of Collection: Petition for Finding Under Employee Retirement 
Income Security Act Section 3(40).
    OMB Control Number: 1210-0119.
    Affected Public: Private Sector--businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 10.
    Total Estimated Number of Responses: 10.
    Total Estimated Annual Time Burden: 50 hours.
    Total Estimated Annual Other Costs Burden: $41,000.

     Dated: July 15, 2016.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2016-17253 Filed 7-21-16; 8:45 am]
 BILLING CODE 4510-29-P



                                                                              Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Notices                                           47837

                                             1220–0109. The OMB is particularly                       accordance with the Paperwork                          decision shall constitute a finding under
                                             interested in comments that:                             Reduction Act of 1995 (PRA), 44 U.S.C.                 ERISA section 3(40)(A)(i). The
                                               • Evaluate whether the proposed                        3501 et seq. Public comments on the                    regulations also provide for an appeal of
                                             collection of information is necessary                   ICR are invited.                                       an OALJ decision to the Secretary.
                                             for the proper performance of the                        DATES: The OMB will consider all                       ERISA sections 3(40) and 505 authorize
                                             functions of the agency, including                       written comments that agency receives                  this information collection. See 29
                                             whether the information will have                        on or before August 22, 2016.                          U.S.C. 1002(40), 1135.
                                             practical utility;                                       ADDRESSES: A copy of this ICR with                       This information collection is subject
                                               • Evaluate the accuracy of the                         applicable supporting documentation;                   to the PRA. A Federal agency generally
                                             agency’s estimate of the burden of the                   including a description of the likely                  cannot conduct or sponsor a collection
                                             proposed collection of information,                      respondents, proposed frequency of                     of information, and the public is
                                             including the validity of the                            response, and estimated total burden                   generally not required to respond to an
                                             methodology and assumptions used;                        may be obtained free of charge from the                information collection, unless it is
                                               • Enhance the quality, utility, and                    RegInfo.gov Web site at http://                        approved by the OMB under the PRA
                                             clarity of the information to be                         www.reginfo.gov/public/do/                             and displays a currently valid OMB
                                             collected; and                                           PRAViewICR?ref_nbr=201605-1210-006                     Control Number. In addition,
                                               • Minimize the burden of the                           (this link will only become active on the              notwithstanding any other provisions of
                                             collection of information on those who                   day following publication of this notice)              law, no person shall generally be subject
                                             are to respond, including through the                    or by contacting Michel Smyth by                       to penalty for failing to comply with a
                                             use of appropriate automated,                            telephone at 202–693–4129, TTY 202–                    collection of information that does not
                                             electronic, mechanical, or other                         693–8064, (these are not toll-free                     display a valid Control Number. See 5
                                             technological collection techniques or                   numbers) or by email at DOL_PRA_                       CFR 1320.5(a) and 1320.6. The DOL
                                             other forms of information technology,                   PUBLIC@dol.gov.                                        obtains OMB approval for this
                                             e.g., permitting electronic submission of                   Submit comments about this request                  information collection under Control
                                             responses.                                               by mail or courier to the Office of                    Number 1210–0119.
                                               Agency: DOL–BLS.                                       Information and Regulatory Affairs,                      OMB authorization for an ICR cannot
                                               Title of Collection: National                          Attn: OMB Desk Officer for DOL–EBSA,                   be for more than three (3) years without
                                             Longitudinal Survey of Youth 1979.                       Office of Management and Budget,                       renewal, and the current approval for
                                               OMB Control Number: 1220–0109.                         Room 10235, 725 17th Street NW.,                       this collection is scheduled to expire on
                                               Affected Public: Individuals or                        Washington, DC 20503; by Fax: 202–                     July 31, 2016. The DOL seeks to extend
                                             Households.                                              395–5806 (this is not a toll-free                      PRA authorization for this information
                                               Total Estimated Number of                              number); or by email: OIRA_                            collection for three (3) more years,
                                             Respondents: 12,545.                                     submission@omb.eop.gov. Commenters                     without any change to existing
                                               Total Estimated Number of                              are encouraged, but not required, to                   requirements. The DOL notes that
                                             Responses: 12,555.                                       send a courtesy copy of any comments                   existing information collection
                                               Total Estimated Annual Time Burden:                    by mail or courier to the U.S.                         requirements submitted to the OMB
                                             13,964 hours.                                            Department of Labor-OASAM, Office of                   receive a month-to-month extension
                                               Total Estimated Annual Other Costs                     the Chief Information Officer, Attn:                   while they undergo review. For
                                             Burden: $0.                                              Departmental Information Compliance                    additional substantive information
                                               Dated: July 15, 2016.                                  Management Program, Room N1301,                        about this ICR, see the related notice
                                             Michel Smyth,                                            200 Constitution Avenue NW.,                           published in the Federal Register on
                                                                                                      Washington, DC 20210; or by email:                     November 23, 2015 (80 FR 72990).
                                             Departmental Clearance Officer.
                                                                                                      DOL_PRA_PUBLIC@dol.gov.                                  Interested parties are encouraged to
                                             [FR Doc. 2016–17252 Filed 7–21–16; 8:45 am]                                                                     send comments to the OMB, Office of
                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                             BILLING CODE 4510–24–P
                                                                                                      Contact Michel Smyth by telephone at                   Information and Regulatory Affairs at
                                                                                                      202–693–4129, TTY 202–693–8064,                        the address shown in the ADDRESSES
                                                                                                      (these are not toll-free numbers) or by                section within thirty (30) days of
                                             DEPARTMENT OF LABOR                                                                                             publication of this notice in the Federal
                                                                                                      email at DOL_PRA_PUBLIC@dol.gov.
                                             Office of the Secretary                                                                                         Register. In order to help ensure
                                                                                                           Authority: 44 U.S.C. 3507(a)(1)(D).               appropriate consideration, comments
                                                                                                      SUPPLEMENTARY INFORMATION:     This ICR                should mention OMB Control Number
                                             Agency Information Collection
                                                                                                      seeks to extend PRA authority for the                  1210–0119. The OMB is particularly
                                             Activities; Submission for OMB
                                                                                                      Petition for Finding Under Employee                    interested in comments that:
                                             Review; Comment Request; Petition
                                             for Finding Under Employee
                                                                                                      Retirement Income Security Act (ERISA)                   • Evaluate whether the proposed
                                                                                                      section 3(40) (29 U.S.C. 1002(40))                     collection of information is necessary
                                             Retirement Income Security Act
                                                                                                      information collection. Regulations 29                 for the proper performance of the
                                             Section 3(40)
                                                                                                      CFR 2570.150 et seq. provide                           functions of the agency, including
                                             ACTION:   Notice.                                        procedures for an entity against whom                  whether the information will have
                                                                                                      State jurisdiction has been asserted to                practical utility;
                                             SUMMARY:   The Department of Labor                       petition the Secretary to make a finding                 • Evaluate the accuracy of the
                                             (DOL) is submitting the Employee                         under ERISA section 3(40)(A)(i) (29                    agency’s estimate of the burden of the
                                             Benefits Security Administration                         U.S.C. 1002(40)(A)(i)) that the entity is              proposed collection of information,
ehiers on DSK5VPTVN1PROD with NOTICES




                                             (EBSA) sponsored information                             established or maintained under or                     including the validity of the
                                             collection request (ICR) titled, ‘‘Petition              pursuant to one or more collective                     methodology and assumptions used;
                                             for Finding Under Employee Retirement                    bargaining agreements. The regulations                   • Enhance the quality, utility, and
                                             Income Security Act Section 3(40),’’ to                  establish procedures for initiating an                 clarity of the information to be
                                             the Office of Management and Budget                      administrative proceeding before the                   collected; and
                                             (OMB) for review and approval for                        Office of Administrative Law Judges                      • Minimize the burden of the
                                             continued use, without change, in                        (OALJ) and establish that an OALJ                      collection of information on those who


                                        VerDate Sep<11>2014   15:19 Jul 21, 2016   Jkt 238001   PO 00000    Frm 00092   Fmt 4703   Sfmt 4703   E:\FR\FM\22JYN1.SGM   22JYN1


                                             47838                            Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Notices

                                             are to respond, including through the                    information on those who are to                       learning and inquiry so that discovery
                                             use of appropriate automated,                            respond, including through the use of                 and creativity more fully support the
                                             electronic, mechanical, or other                         appropriate automated, electronic,                    learning process. MRSECs capitalize on
                                             technological collection techniques or                   mechanical, or other technological                    diversity through participation in center
                                             other forms of information technology,                   collection techniques or other forms of               activities and demonstrate leadership in
                                             e.g., permitting electronic submission of                information technology should be                      the involvement of groups
                                             responses.                                               addressed to: Office of Information and               underrepresented in science and
                                               Agency: DOL–EBSA.                                      Regulatory Affairs of OMB, Attention:                 engineering.
                                               Title of Collection: Petition for                      Desk Officer for National Science                        MRSECs are required to submit
                                             Finding Under Employee Retirement                        Foundation, 725 17th Street NW., Room                 annual reports on progress and plans,
                                             Income Security Act Section 3(40).                       10235, Washington, DC 20503, and to                   which are used as a basis for
                                               OMB Control Number: 1210–0119.                         Suzanne H. Plimpton, Reports Clearance                performance review and determining
                                               Affected Public: Private Sector—                       Officer, National Science Foundation,                 the level of continued funding. To
                                             businesses or other for-profits and not-                 4201 Wilson Boulevard, Suite 1265,                    support this review and the
                                             for-profit institutions.                                 Arlington, Virginia 22230 or send email               management of a Center, MRSECs are
                                               Total Estimated Number of                              to splimpto@nsf.gov. Individuals who                  required to develop a set of management
                                             Respondents: 10.                                         use a telecommunications device for the               and performance indicators for
                                               Total Estimated Number of                              deaf (TDD) may call the Federal                       submission annually to NSF via the
                                             Responses: 10.                                           Information Relay Service (FIRS) at 1–                Research Performance Project Reporting
                                               Total Estimated Annual Time Burden:                    800–877–8339, which is accessible 24                  module in Research.gov and an external
                                             50 hours.                                                hours a day, 7 days a week, 365 days a                technical assistance contractor that
                                               Total Estimated Annual Other Costs                     year (including federal holidays).                    collects programmatic data
                                             Burden: $41,000.                                         DATES: Comments regarding these                       electronically. These indicators are both
                                               Dated: July 15, 2016.                                  information collections are best assured              quantitative and descriptive and may
                                             Michel Smyth,                                            of having their full effect if received               include, for example, the characteristics
                                                                                                      within 30 days of this notification.                  of center personnel and students;
                                             Departmental Clearance Officer.
                                                                                                      Copies of the submission(s) may be                    sources of financial support and in-kind
                                             [FR Doc. 2016–17253 Filed 7–21–16; 8:45 am]
                                                                                                      obtained by calling 703–292–7556.                     support; expenditures by operational
                                             BILLING CODE 4510–29–P
                                                                                                         NSF may not conduct or sponsor a                   component; characteristics of industrial
                                                                                                      collection of information unless the                  and/or other sector participation;
                                                                                                      collection of information displays a                  research activities; education activities;
                                             NATIONAL SCIENCE FOUNDATION                              currently valid OMB control number                    knowledge transfer activities; patents,
                                                                                                      and the agency informs potential                      licenses; publications; degrees granted
                                             Agency Information Collection                                                                                  to students involved in Center activities;
                                                                                                      persons who are to respond to the
                                             Activities: Comment Request                                                                                    descriptions of significant advances and
                                                                                                      collection of information that such
                                                   National Science Foundation.
                                             AGENCY:                                                  persons are not required to respond to                other outcomes of the MRSEC effort.
                                                  Submission for OMB Review;
                                             ACTION:                                                  the collection of information unless it               Such reporting requirements are
                                             Comment Request.                                         displays a currently valid OMB control                included in the cooperative agreement
                                                                                                      number.                                               that is binding between the academic
                                             SUMMARY:   The National Science                          SUPPLEMENTARY INFORMATION:                            institution and the NSF.
                                             Foundation (NSF) has submitted the                          Title of Collection: Grantee Reporting                Each Center’s annual report will
                                             following information collection                         Requirements for Materials Research                   address the following categories of
                                             requirement to OMB for review and                        Science and Engineering Centers                       activities: (1) Research, (2) education,
                                             clearance under the Paperwork                            (MRSECs).                                             (3) knowledge transfer, (4) partnerships,
                                             Reduction Act of 1995, Public Law 104–                      OMB Number: 3145–0230.                             (5) shared experimental facilities, (6)
                                             13. This is the second notice for public                    Type of Request: Intent to seek                    diversity, (7) management, and (8)
                                             comment; the first was published in the                  approval to renew an information                      budget issues.
                                             Federal Register at 81 FR 31668, and no                  collection.                                              For each of the categories the report
                                             comments were received. NSF is                              Overview of This Information                       will describe overall objectives for the
                                             forwarding the proposed submission to                    Collection: The Materials Research                    year, problems the Center has
                                             the Office of Management and Budget                      Science and Engineering Centers                       encountered in making progress towards
                                             (OMB) for clearance simultaneously                       (MRSECs) Program supports innovation                  goals, anticipated problems in the
                                             with the publication of this second                      in interdisciplinary research, education,             following year, and specific outputs and
                                             notice. The full submission (including                   and knowledge transfer. MRSECs build                  outcomes.
                                             comments) may be found at: http://                       intellectual and physical infrastructure                 MRSECs are required to file a final
                                             www.reginfo.gov/public/do/PRAMain.                       within and between disciplines,                       report through the RPPR and external
                                               Comments: Comments regarding (a)                       weaving together knowledge creation,                  technical assistance contractor. Final
                                             whether the collection of information is                 knowledge integration, and knowledge                  reports contain similar information and
                                             necessary for the proper performance of                  transfer. MRSECs conduct world-class                  metrics as annual reports, but are
                                             the functions of the agency, including                   research through partnerships of                      retrospective.
                                             whether the information will have                        academic institutions, national                          Use of the Information: NSF will use
ehiers on DSK5VPTVN1PROD with NOTICES




                                             practical utility; (b) the accuracy of the               laboratories, industrial organizations,               the information to continue funding of
                                             agency’s estimate of burden including                    and/or other public/private entities.                 the Centers, and to evaluate the progress
                                             the validity of the methodology and                      New knowledge thus created is                         of the program.
                                             assumptions used; (c) ways to enhance                    meaningfully linked to society.                          Estimate of Burden: 185 hours per
                                             the quality, utility and clarity of the                     MRSECs enable and foster excellent                 center for 21 centers for a total of 3,885
                                             information to be collected; (d) ways to                 education, integrate research and                     hours.
                                             minimize the burden of the collection of                 education, and create bonds between                      Respondents: Non-profit institutions.


                                        VerDate Sep<11>2014   15:19 Jul 21, 2016   Jkt 238001   PO 00000   Frm 00093   Fmt 4703   Sfmt 4703   E:\FR\FM\22JYN1.SGM   22JYN1



Document Created: 2016-07-22 02:38:30
Document Modified: 2016-07-22 02:38:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThe OMB will consider all written comments that agency receives on or before August 22, 2016.
ContactContact Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by email at [email protected]
FR Citation81 FR 47837 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR