Notice2026-00338
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Petition for Finding Under the Employee Retirement Income Security Act Section 3(40)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 12, 2026
Issuing agencies
Labor Department
Abstract
The Department of Labor (DOL) is submitting this Employee Benefits Security Administration (EBSA)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Full Text
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<title>Federal Register, Volume 91 Issue 7 (Monday, January 12, 2026)</title>
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[Federal Register Volume 91, Number 7 (Monday, January 12, 2026)]
[Notices]
[Pages 1199-1200]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00338]
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DEPARTMENT OF LABOR
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Petition for Finding Under the Employee
Retirement Income Security Act Section 3(40)
ACTION: Notice of availability; request for comments.
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SUMMARY: The Department of Labor (DOL) is submitting this Employee
Benefits Security Administration (EBSA)-sponsored information
collection request (ICR) to the Office of Management and Budget (OMB)
for review and approval in accordance with the Paperwork Reduction Act
of 1995 (PRA). Public comments on the ICR are invited.
DATES: The OMB will consider all written comments that the agency
receives on or before February 11, 2026.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Michael Howell by telephone at 202-
693-6782, or by email at <a href="/cdn-cgi/l/email-protection#0f4b4043505f5d4e505f5a4d43464c4f6b606321686079"><span class="__cf_email__" data-cfemail="5a1e1516050a081b050a0f181613191a3e3536743d352c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The term ``multiple employer welfare
arrangement'' (MEWA) is defined in Section 3(40) of the Employee
Retirement Income Security Act of 1974 (ERISA) as an employee welfare
benefit plan or any other arrangement which is established or
maintained for the purpose of offering or providing [welfare plan
benefits] to the employees of two or more employers, (including one or
more self-employed individuals), or their beneficiaries, except that
such term does not include any such plan or other arrangement which is
established or maintained under or pursuant to one or more agreements
which the Secretary of Labor (the Secretary) finds to be collective
bargaining agreements. Under Section 514(b)(6) of ERISA, an employee
welfare benefit plan that is a MEWA is generally subject to state
insurance law. The Department's regulation at 29 CFR 2510.3-40 sets
forth criteria for determining when an employee welfare benefit plan is
established or maintained under or pursuant to collective bargaining
agreements for purposes of section 3(40) of ERISA. The
[[Page 1200]]
Department's regulations at 29 CFR part 2570, subpart H set forth
procedures for administrative hearings to obtain a determination by the
Secretary as to whether a particular entity is an employee welfare
benefit plan established or maintained under or pursuant to one or more
collective bargaining agreements for purposes of section 3(40) of
ERISA.
To initiate adjudicatory proceedings, an entity is required to file
a petition for a determination under Section 3(40) of ERISA with an
Administrative Law Judge (ALJ). The petition must identify the parties,
describe the basis on which the petition is being filed and the entity
in question, provide evidence that the entity satisfies the criteria to
be an employee welfare benefit plan, and include affidavits as to both
the competency of the affiant to testify and the facts that allegedly
establish the entity as a plan established under or pursuant to
agreements that the Secretary finds to be a collective bargaining
agreement. . . For additional substantive information about this ICR,
see the related notice published in the Federal Register on July 11,
2025 (90 FR 30984).
Comments are invited on: (1) whether the collection of information
is necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility; (2) the accuracy of the agency's estimates of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
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 the OMB approves it 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
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this information collection for
three (3) years. OMB authorization for an ICR cannot be for more than
three (3) years without renewal. The DOL notes that information
collection requirements submitted to the OMB for existing ICRs receive
a month-to-month extension while they undergo review.
Agency: DOL-EBSA.
Title of Collection: Petition for Finding under the Employee
Retirement Income Security Act Section 3(40).
OMB Control Number: 1210-0119.
Affected Public: Private sector.
Total Estimated Number of Respondents: 1.
Total Estimated Number of Responses: 1.
Total Estimated Annual Time Burden: 37 hours.
Total Estimated Annual Other Costs Burden: $10.
(Authority: 44 U.S.C. 3507(a)(1)(D))
Michael Howell,
Senior Paperwork Reduction Act Analyst.
[FR Doc. 2026-00338 Filed 1-9-26; 8:45 am]
BILLING CODE 4510-29-P
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</html>Indexed from Federal Register on January 12, 2026.
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