Prohibited Transaction Class Exemptions for Multiple Employer Plans and Multiple Employer Apprenticeship Plans—PTE 1976-1, PTE 1977-10, PTE 1978-6

Forms and Documents

Document Name	Status
1210-0058 PTE 76-1 77-10 78-6 SS (04-25-2022).docx Supporting Statement A	2022-04-25

IC Document Collections

IC ID	Document Title	Status
44609	Prohibited Transaction Class Exemption for Multiemployer Apprenticeship Plans: PTE 78-6 Other-prohibited transaction exemption	Modified
44608	Prohibited Transaction Class Exemptions for Multiemployer Plans: PTE 76-1, Part B Other-prohibited transaction exemption	Modified
13355	Prohibited Transaction Class Exemptions for Multiemployer Plans: PTE 76-1, Parts A and C and PTE 77-10 Other-prohibited transaction exemption	Modified

ICR Details

OMB Control No: 1210-0058	ICR Reference No: 202203-1210-004
Status: Received in OIRA	Previous ICR Reference No: 201904-1210-001
Agency/Subagency: DOL/EBSA	Agency Tracking No:
Title: Prohibited Transaction Class Exemptions for Multiple Employer Plans and Multiple Employer Apprenticeship Plans—PTE 1976-1, PTE 1977-10, PTE 1978-6
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 04/28/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	06/30/2022
Responses	3,409	3,483
Time Burden (Hours)	815	871
Cost Burden (Dollars)	0	0

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Abstract: PTE 76-1 permits multi employer employee benefit plans under specific conditions to negotiate with contributing employer to accept delinquent contributions and settle delinquencies; to make construction loans to contributing employers; and to lease property and purchase services and goods from parties in interest, including contributing employers and employee associations. PTE 77-10 expands the scope of relief provided under PTE 76-1 part C, for leasing property and purchasing goods and services. PTE 78-6 provides an exemption to multi employer apprenticeship plans for purchasing personal property or leasing real property from a contributing employer. All three exemptions impose recordkeeping requirements on plans as a condition to availability of the relief.

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Authorizing Statute(s): US Code: 29 USC 1108(a) Name of Law: Employee Retirement Income Security Act of 1974
   US Code: 29 USC 1106 Name of Law: Employee Retirement Income Security Act of 1974
   US Code: 29 USC 1107 Name of Law: Employee Retirement Income Security Act of 1974
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 70866	12/13/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 25306	04/28/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Prohibited Transaction Class Exemption for Multiemployer Apprenticeship Plans: PTE 78-6
Prohibited Transaction Class Exemptions for Multiemployer Plans: PTE 76-1, Part B
Prohibited Transaction Class Exemptions for Multiemployer Plans: PTE 76-1, Parts A and C and PTE 77-10

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	3,409	3,483	0	0	-74	0
Annual Time Burden (Hours)	815	871	0	0	-56	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There have been no program changes to the exemptions since the last submission. The estimates have been adjusted to reflect data from 2019 Form 5500 filings (the most current year available), which reflect fewer plans using the exemptions and therefore less associated burden. The burden estimate equivalent costs have also been updated to reflect an increase in labor costs. These updated data inputs decrease the number of responses by 74 responses and the burden hours by 56 hours compared with the prior submission.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/28/2022

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