Notice of Failure to Make Required Contributions

OMB Control No: 1212-0041	ICR Reference No: 200911-1212-001
Status: Historical Inactive	Previous ICR Reference No: 200901-1212-005
Agency/Subagency: PBGC	Agency Tracking No:
Title: Notice of Failure to Make Required Contributions
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 12/31/2009
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/25/2009
Terms of Clearance: The revisions associated with the proposed rule are not approved at this time. PBGC will resubmit this collection at the final rule stage, after consideration of public comment. Approval for the existing requirements continues.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2012	36 Months From Approved	03/31/2012
Responses	426	0	426
Time Burden (Hours)	873	0	873
Cost Burden (Dollars)	305,550	0	305,550

---

Abstract: To implement a statutory requirement, PBGC requires contributing sponsors and the ultimate parent of parent-subsidiary controlled groups of which a contributing sponsor is a member to submit Form 200 to notify PBGC of failures to make required payments. PBGC uses this information to make decisions regarding enforcement of statutory liens.

---

Authorizing Statute(s): US Code: 29 USC 1082(f) Name of Law: ERISA

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1212-AB06	Proposed rulemaking	74 FR 61248	11/23/2009

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Notice of Failure to Make Required Contributions 200 Notice of Failure to Make Required Contributions

---

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: The change in burden reflects changes in PBGC’s estimate of the number of filings, the breakdown between initial and subsequent filings, and the amount of time spent on each filing. Plan funding requirements have become more stringent and the economic downturn has led to reductions in plan funding levels. Accordingly, PBGC is projecting that it will receive more total filings than previously estimated. PBGC has also reviewed its estimates of the amount of time required to prepare filings. PBGC has concluded that its previous estimates for an initial filing and a subsequent filing(s) are too low, and is now using higher estimates. In part, this change reflects the greater complexity of calculating interest on unpaid contributions and late payments under recent changes in the law.

---

Annual Cost to Federal Government: $56,580

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

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

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

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: James Bloch 202-326-4223 ext. 3530 [email protected]

---

Common Form ICR:  No

---

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: 11/25/2009

---