Proposed Extension of Information Collection Requests Submitted for Public Comment: National Medical Support Notice-Part B, Etc., 37920-37923 [2012-15392]
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37920
Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices
DEPARTMENT OF JUSTICE
Summary of Information Collection
DEPARTMENT OF LABOR
Bureau of Alcohol, Tobacco, Firearms
and Explosives
(1) Type of Information Collection:
Extension without change of a currently
approved collection.
(2) Title of the Form/Collection:
Firearms Transaction Record, Part 1,
Over-the-Counter.
(3) Agency form number, if any, and
the applicable component of the
Department of Justice sponsoring the
collection: Form Number: ATF F 4473
(5300.9) Part 1. Bureau of Alcohol,
Tobacco, Firearms and Explosives.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. Other: Business or other
for-profit.
Employee Benefits Security
Administration
[OMB Number 1140–0020]
Agency Information Collection
Activities; Proposed Collection;
Comments Requested: Firearms
Transaction Record, Part I, Over-theCounter
60-Day Notice of Information
Collection.
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ACTION:
The Department of Justice (DOJ),
Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF), will be
submitting the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.
This proposed information collection is
published to obtain comments from the
public and affected agencies. Comments
are encouraged and will be accepted for
‘‘sixty days’’ until August 24, 2012. This
process is conducted in accordance with
5 CFR 1320.10.
If you have comments on the
estimated public burden or associated
response time, suggestions, or need a
copy of the proposed information
collection instrument with instructions
or additional information, please
contact Erica Reid, Program Analyst,
Firearms Industry Programs Branch at
FederalRegisterNotice
ATFF4473@atf.gov.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:
—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.,
permitting electronic submission of
responses.
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Need for Collection
The form is used to determine the
eligibility, under the Gun Control Act
(GCA), of a person to receive a firearm
from a Federal firearms licensee and to
establish the identity of the buyer/
transferee. It is also used in law
enforcement investigations/inspections
to trace firearms and confirm that
licensees are complying with their
recordkeeping obligations under the
GCA.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: It is estimated that 14,409,616
respondents will respond to the
collection each year and that the total
amount of time to read the instructions
and complete the form on average is
30 minutes.
(6) An estimate of the total public
burden (in hours) associated with the
collection: ATF estimates 7,204,808
annual total burden hours associated
with this collection.
If additional information is required
contact: Jerri Murray, Department
Clearance Officer, Policy and Planning
Staff, Justice Management Division,
Department of Justice, Two Constitution
Square, Room 2E–508, 145 N Street NE.,
Washington, DC 20530.
Jerri Murray,
Department Clearance Officer, PRA, U.S.
Department of Justice.
[FR Doc. 2012–15401 Filed 6–22–12; 8:45 am]
BILLING CODE 4410–FY–P
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Proposed Extension of Information
Collection Requests Submitted for
Public Comment: National Medical
Support Notice—Part B, Etc.
Employee Benefits Security
Administration, Department of Labor.
ACTION: Notice.
AGENCY:
Overview Information
Proposed Extension of Information
Collection Requests Submitted for
Public Comment: National Medical
Support Notice—Part B; Defined Benefit
Plan Annual Funding Notice; Prohibited
Transaction Class Exemptions for
Multiple Employer Plans and Multiple
Employer Apprenticeship Plans, PTE
76–1, PTE 77–10, PTE 78–6; Request to
the Department of Labor for Expedited
Review of Denial of COBRA Premium
Reduction; Notice of Special
Enrollment; Notice of Pre-Existing
Condition Exclusion; Establishing Prior
Creditable Coverage.
SUMMARY: The Department of Labor (the
Department), in accordance with the
Paperwork Reduction Act of 1995 (PRA
95) (44 U.S.C. 3506(c)(2)(A)), provides
the general public and Federal agencies
with an opportunity to comment on
proposed and continuing collections of
information. This helps the Department
assess the impact of its information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand the
Department’s information collection
requirements and provide the requested
data in the desired format. The
Employee Benefits Security
Administration (EBSA) is soliciting
comments on the proposed extension of
the information collection requests
(ICRs) contained in the documents
described below. A copy of the ICRs
may be obtained by contacting the office
listed in the ADDRESSES section of this
notice. ICRs also are available at
reginfo.gov (https://www.reginfo.gov/
public/do/PRAMain).
DATES: Written comments must be
submitted to the office shown in the
ADDRESSES section on or before August
24, 2012.
ADDRESSES: G. Christopher Cosby,
Department of Labor, Employee Benefits
Security Administration, 200
Constitution Avenue NW., Washington,
DC 20210, (202) 693–8410, FAX (202)
693–4745 (these are not toll-free
numbers).
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Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices
This
notice requests public comment on the
Department’s request for extension of
the Office of Management and Budget’s
(OMB) approval of ICRs contained in
the rules and prohibited transactions
described below. With the exception of
the National Medical Support Notice—
Part B, the Department is not proposing
any changes to the existing ICRs at this
time. The minor changes the
Department is proposing for the
National Medical Support Notice—Part
B are discussed under the Description of
that ICR, below. An agency may not
conduct or sponsor, and a person is not
required to respond to, an information
collection unless it displays a valid
OMB control number. A summary of the
ICRs and the current burden estimates
follows:
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: National Medical Support
Notice—Part B.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0113.
Affected Public: Individuals or
households; business or other for-profit;
not-for-profit institutions.
Respondents: 433,000.
Responses: 10,754,484.
Estimated Total Burden Hours:
896,207.
Estimated Total Burden Cost
(Operating and Maintenance):
$5,807,421.
Description: Section 609(a) of the
Employee Retirement Income Security
Act of 1974, as amended (ERISA),
requires each group health plan, as
defined in ERISA section 607(1), to
provide benefits in accordance with the
applicable requirements of any
‘‘qualified medical child support order’’
(QMCSO). A QMCSO is, generally, an
order issued by a state court or other
competent state authority that requires a
group health plan to provide group
health coverage to a child or children of
an employee eligible for coverage under
the plan. In accordance with
Congressional directives contained in
the Child Support Performance and
Incentive Act of 1998 (CSPIA), EBSA
and the Federal Office of Child Support
Enforcement (OCSE) in the Department
of Health and Human Services (HHS)
cooperated in the development of
regulations to create a National Medical
Support Notice (NMSN or Notice). The
Notice simplifies the issuance and
processing of qualified medical child
support orders issued by state child
support enforcement agencies, provides
for standardized communication
between state agencies, employers, and
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SUPPLEMENTARY INFORMATION:
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plan administrators, and creates a
uniform and streamlined process for
enforcement of medical child support
obligations ordered by state child
support enforcement agencies. The
NMSN comprises two parts: Part A was
promulgated by HHS and pertains to
state child support enforcement
agencies and employers; Part B was
promulgated by the Department and
pertains to plan administrators pursuant
to ERISA. This solicitation of public
comment relates only to Part B of the
NMSN, which was promulgated by the
Department. In connection with
promulgation of Part B of the NMSN,
the Department submitted an ICR to the
Office of Management and Budget
(OMB) for review, and OMB approved
the information collections contained in
Part B under OMB control number
1210–0113. OMB’s approval of this ICR
is scheduled to expire on October 31,
2012. HHS and DOL plan to revise the
NMSN Parts A and B by October 2012,
with minor changes. The revision will
synchronize the expiration dates and
make conforming changes to page 1 of
the NMSN Part B to match the changes
made to Part A by HHS in 2011.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Defined Benefit Plan Annual
Funding Notice.
Type of Review: Extension of a
currently approved information
collection.
OMB Number: 1210–0126.
Affected Public: Individuals or
households; business or other for-profit
institutions; not-for-profit institutions.
Respondents: 30,458.
Responses: 49,171,095.
Estimated Total Burden Hours:
1,093,173.
Estimated Total Burden Cost
(Operating and Maintenance):
$21,630,572.
Description: Section 101(f) of the
Employee Retirement Income Security
Act of 1974 (ERISA) sets forth
requirements applicable to furnishing
annual funding notices. Before the
enactment of the Pension Protection Act
of 2006 (PPA), section 101(f) applied
only to multiemployer defined benefit
plans. The Department issued a final
implementing regulation under this
provision on January 11, 2006 (71 FR
1904), which is codified at 29 CFR
2520.101–4.
Section 501(a) of the PPA amended
section 101(f) of ERISA and made
significant changes to the annual
funding notice requirements. These
amendments require administrators of
all defined benefit plans that are subject
to title IV of ERISA, not only
multiemployer plans, to provide an
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37921
annual funding notice to the Pension
Benefit Guaranty Corporation (PBGC), to
each plan participant and beneficiary, to
each labor organization representing
such participants or beneficiaries, and,
in the case of a multiemployer plan, to
each employer that has an obligation to
contribute to the plan. An annual
funding notice must include, among
other things, the plan’s funding
percentage, a statement of the value of
the plan’s assets and liabilities and a
description of how the plan’s assets are
invested as of specific dates, and a
description of the benefits under the
plan that are eligible to be guaranteed by
the PBGC.
On February 10, 2009, the Department
issued Field Assistance Bulletin (FAB)
2009–1 to provide interim guidance
under section 101(f) of ERISA in order
to assist plan administrators in
discharging their obligations under the
new annual funding notice
requirements, including model notices
plan administrators may use to satisfy
the annual funding notice content
requirements. The FAB provides that
pending further guidance, the
Department will, as a matter of
enforcement policy, treat a plan
administrator as satisfying the
requirements of section 101(f), if the
administrator complies with the
guidance contained in the FAB and has
acted in accordance with a good faith,
reasonable interpretation of those
requirements with respect to matters not
specifically addressed in the FAB. The
ICR, as revised by the FAB, expires on
October 31, 2012. The Department
issued proposed annual funding notice
regulations on November 18, 2010 (75
FR 70625). Much of the guidance in
FAB 2009–01 has been incorporated
into the proposed regulations. The
guidance contained in the FAB remains
in effect until the Department adopts
final regulations under section 101(f) of
ERISA (or if the Department were to
publish any other guidance under
section 101(f) other than final
regulations).
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Prohibited Transaction Class
Exemptions for Multiple Employer
Plans and Multiple Employer
Apprenticeship Plans, PTE 76–1, PTE
77–10, PTE 78–6.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0058.
Affected Public: Business or other forprofit; not-for-profit institutions.
Respondents: 4,230.
Responses: 4,230.
Estimated Total Burden Hours: 1,052.
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Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices
Estimated Total Burden Cost
(Operating and Maintenance): $0.
Description: 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
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
providing relief from the prohibitions of
subsection 406(b)(2) of ERISA with
respect to collectively bargained
multiple employer plans sharing office
space and administrative services with
parties in interest if specific conditions
are met. 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 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
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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
November 30, 2012.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Request to the Department of
Labor for Expedited Review of Denial of
COBRA Premium Reduction.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0135.
Affected Public: Individuals or
households; business or other for-profit;
not-for-profit institutions.
Respondents: 15,400.
Responses: 15,400.
Estimated Total Burden Hours:
14,350.
Estimated Total Burden Cost
(Operating and Maintenance): $8,000.
Description: The continuation
coverage provisions of section 601
through 608 of ERISA (and parallel
provisions of the Internal Revenue Code
(Code)) generally require group health
plans to offer qualified beneficiaries’ the
opportunity to elect continuation
coverage following certain events that
would otherwise result in the loss of
coverage. Continuation coverage is a
temporary extension of the qualified
beneficiary’s previous group health
coverage. The right to elect continuation
coverage allows individuals to maintain
group health coverage under adverse
circumstances and to bridge gaps in
health coverage that otherwise could
limit their access to health care.
COBRA provides the Secretary of
Labor (the Secretary) with authority
under section 608 of ERISA to carry out
the continuation coverage provisions.
The Conference Report that
accompanied COBRA divided
interpretive authority over the COBRA
provisions between the Secretary and
the Secretary of the Treasury (the
Treasury) by providing that the
Secretary has the authority to issue
regulations implementing the notice and
disclosure requirements of COBRA,
while the Treasury is authorized to
issue regulations defining the required
continuation coverage.
On February 17, 2009, President
Obama signed the American Recovery
and Reinvestment Act (ARRA) of 2009
(Pub. L. 111–5). Section 3001(a)(5) of
ARRA provides that if individuals
request treatment as an assistance
eligible individual and are denied such
treatment because of their ineligibility
for COBRA continuation coverage, the
Secretary of Labor must provide for
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expedited review of the denial upon
application to the Secretary in the form
and manner the Secretary provides. The
Secretary of Labor is required to act in
consultation with the Secretary of the
Treasury and must make a
determination within 15 business days
after receipt of an individual’s
application for review.
The Application is the form that will
be used by individuals to file their
expedited review appeals with EBSA.
All of the information requested on the
Application must be completed, and an
Application may be denied if sufficient
information is not provided. In certain
situations, EBSA will have to contact
plan administrators for additional
information regarding an applicant’s
appeal of a denial of premium
reduction. The Letter will be used for
this purpose in cases where the
Department has otherwise been unable
to contact a plan administrator.
On November 9, 2009, the Office of
Management and Budget (OMB)
approved the Application and the Letter
under OMB Control Number 1210–0135.
The approval is scheduled to expire on
November 30, 2012.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Notice of Special Enrollment.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0101.
Affected Public: Business or other forprofit; not-for-profit institutions.
Respondents: 2,757,800.
Responses: 10,847,611.
Estimated Total Burden Hours: 0.
Estimated Total Burden Cost
(Operating and Maintenance): $94,917.
Description: Subsection (c) of 29 CFR
2590.701–6 requires group health plans
to provide a notice describing the plan’s
special enrollment rules to each
employee who is offered an initial
opportunity to enroll in the group
health plan. The special enrollment
rules described in the notice of special
enrollment generally provide
enrollment rights to employees and
their dependents in specified
circumstances occurring after the
employee or dependent initially
declines to enroll in the plan. EBSA
previously submitted an ICR concerning
the notice of special enrollment to the
Office of Management and Budget
(OMB) for review under the PRA and
received approval under OMB Control
No. 1210–0101. The ICR approval is
currently scheduled to expire on
December 31, 2012.
Agency: Employee Benefits Security
Administration, Department of Labor.
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Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices
Title: Notice of Pre-Existing Condition
Exclusion.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0102.
Affected Public: Business or other forprofit; not-for-profit institutions.
Respondents: 827,330.
Responses: 4,683,541.
Estimated Total Burden Hours: 6,661.
Estimated Total Burden Cost
(Operating and Maintenance):
$1,319,664.
Description: Regulation section
2590.701–3 requires group health plans
imposing a pre-existing condition
exclusion, and health insurance issuers
offering group health insurance subject
to a preexisting condition exclusion, to
provide all participants under the plan
a written general notice of the preexisting condition and also to provide
any affected individual a specific
written notice describing the length of
preexisting condition exclusion
applicable to that individual under the
plan after the plan or issuer has made
a determination, for that individual, of
creditable coverage. EBSA previously
submitted an ICR with respect to these
pre-existing condition exclusion notices
to the Office of Management and Budget
(OMB) for review under the PRA and
received approval under OMB Control
No. 1210–0102. The ICR approval is
currently scheduled to expire on
December 31, 2012.
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: Establishing Prior Creditable
Coverage.
Type of Review: Extension of a
currently approved collection of
information.
OMB Number: 1210–0103.
Affected Public: Business or other forprofit; not-for-profit institutions.
Respondents: 2,757,768.
Responses: 19,593,756.
Estimated Total Burden Hours:
88,066.
Estimated Total Burden Cost
(Operating and Maintenance):
$13,830,615.
Description: Subsection (a) of 29 CFR
2590.701–5 requires a group health plan
and each health insurance issuer
offering group health insurance
coverage under a group health plan to
furnish certificates of creditable
coverage to specified individuals under
specified circumstances. EBSA
previously submitted an ICR concerning
the requirement to provide certificates
of creditable coverage to the Office of
Management and Budget (OMB) for
review under the PRA and received
approval under OMB Control No. 1210–
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0103. The ICR approval is currently
scheduled to expire on December 31,
2012.
II. Focus of Comments
The Department is particularly
interested in comments that:
• Evaluate whether the collections of
information are 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 collections 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
submissions of responses.
Comments submitted in response to
this notice will be summarized and/or
included in the ICRs for OMB approval
of the extension of the information
collection; they will also become a
matter of public record.
Dated: June 18, 2012.
Joseph S. Piacentini,
Director, Office of Policy and Research,
Employee Benefits Security Administration.
[FR Doc. 2012–15392 Filed 6–22–12; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Comment Request for Information
Collection for the Workforce
Investment Act (WIA) Adult and
Dislocated Worker Programs Gold
Standard Evaluation (WIA Evaluation);
New Collection
Employment and Training
Administration (ETA), Labor.
ACTION: Notice.
AGENCY:
The Department of Labor
(Department), 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/or
continuing collections of information in
accordance with the Paperwork
Reduction Act of 1995 (PRA) [44 U.S.C.
SUMMARY:
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37923
3506(c)(2)(A)]. This program helps to
ensure that required data can be
provided in the desired format,
reporting burden (time and financial
resources) is minimized, collection
instruments are clearly understood, and
the impact of collection requirements on
respondents can be properly assessed.
The Department notes that a Federal
agency cannot conduct or sponsor a
collection of information unless it is
approved by the Office of Management
and Budget (OMB) under the PRA and
displays a currently valid OMB control
number, and the public is not required
to respond to a collection of information
unless it displays a currently valid OMB
control number. Also, notwithstanding
any other provisions of law, no person
shall be subject to penalty for failing to
comply with a collection of information
if the collection of information does not
display a currently valid OMB control
number (see 5 CFR 1320.5(a) and
1320.6).
This data collection request consists
of follow-up surveys for a sample of
WIA customers participating in the WIA
Evaluation and data for use in
estimating the costs of WIA services and
training received by sample group
members. In addition, it includes data
for a supplemental study to learn about
services to veterans, the services they
receive, and their outcomes. Since the
WIA Evaluation is excluding veterans
from the net-impact study, this
supplemental study provides the
opportunity to analyze veterans’
experiences in the 28 WIA Evaluation
sites.
DATES: Written comments must be
submitted to the office listed in the
addresses section below on or before
August 24, 2012.
ADDRESSES: Send comments to Eileen
Pederson, Office of Policy Development
and Research, Employment and
Training Administration, U.S.
Department of Labor, 200 Constitution
Ave. NW., Room N–5641, Washington,
DC 20210. Telephone number: (202)
693–3647 (this is not a toll-free
number). Email address:
pederson.eileen@dol.gov. Fax number:
(202) 693–2766 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION:
I. Background
Passage of WIA (Pub. L. 105–220) led
to a major redesign of the country’s
workforce system. WIA programs serve
more than 6 million people annually at
a cost of over $3 billion (U.S.
Department of Labor, Fiscal Year 2012
Budget in Brief). Among its goals, WIA
aims to bring formerly fragmented
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]]>Agencies
[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Notices]
[Pages 37920-37923]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15392]
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DEPARTMENT OF LABOR
Employee Benefits Security Administration
Proposed Extension of Information Collection Requests Submitted
for Public Comment: National Medical Support Notice--Part B, Etc.
AGENCY: Employee Benefits Security Administration, Department of Labor.
ACTION: Notice.
-----------------------------------------------------------------------
Overview Information
Proposed Extension of Information Collection Requests Submitted for
Public Comment: National Medical Support Notice--Part B; Defined
Benefit Plan Annual Funding Notice; Prohibited Transaction Class
Exemptions for Multiple Employer Plans and Multiple Employer
Apprenticeship Plans, PTE 76-1, PTE 77-10, PTE 78-6; Request to the
Department of Labor for Expedited Review of Denial of COBRA Premium
Reduction; Notice of Special Enrollment; Notice of Pre-Existing
Condition Exclusion; Establishing Prior Creditable Coverage.
SUMMARY: The Department of Labor (the Department), in accordance with
the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)),
provides the general public and Federal agencies with an opportunity to
comment on proposed and continuing collections of information. This
helps the Department assess the impact of its information collection
requirements and minimize the public's reporting burden. It also helps
the public understand the Department's information collection
requirements and provide the requested data in the desired format. The
Employee Benefits Security Administration (EBSA) is soliciting comments
on the proposed extension of the information collection requests (ICRs)
contained in the documents described below. A copy of the ICRs may be
obtained by contacting the office listed in the ADDRESSES section of
this notice. ICRs also are available at reginfo.gov (https://www.reginfo.gov/public/do/PRAMain).
DATES: Written comments must be submitted to the office shown in the
ADDRESSES section on or before August 24, 2012.
ADDRESSES: G. Christopher Cosby, Department of Labor, Employee Benefits
Security Administration, 200 Constitution Avenue NW., Washington, DC
20210, (202) 693-8410, FAX (202) 693-4745 (these are not toll-free
numbers).
[[Page 37921]]
SUPPLEMENTARY INFORMATION: This notice requests public comment on the
Department's request for extension of the Office of Management and
Budget's (OMB) approval of ICRs contained in the rules and prohibited
transactions described below. With the exception of the National
Medical Support Notice--Part B, the Department is not proposing any
changes to the existing ICRs at this time. The minor changes the
Department is proposing for the National Medical Support Notice--Part B
are discussed under the Description of that ICR, below. An agency may
not conduct or sponsor, and a person is not required to respond to, an
information collection unless it displays a valid OMB control number. A
summary of the ICRs and the current burden estimates follows:
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: National Medical Support Notice--Part B.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0113.
Affected Public: Individuals or households; business or other for-
profit; not-for-profit institutions.
Respondents: 433,000.
Responses: 10,754,484.
Estimated Total Burden Hours: 896,207.
Estimated Total Burden Cost (Operating and Maintenance):
$5,807,421.
Description: Section 609(a) of the Employee Retirement Income
Security Act of 1974, as amended (ERISA), requires each group health
plan, as defined in ERISA section 607(1), to provide benefits in
accordance with the applicable requirements of any ``qualified medical
child support order'' (QMCSO). A QMCSO is, generally, an order issued
by a state court or other competent state authority that requires a
group health plan to provide group health coverage to a child or
children of an employee eligible for coverage under the plan. In
accordance with Congressional directives contained in the Child Support
Performance and Incentive Act of 1998 (CSPIA), EBSA and the Federal
Office of Child Support Enforcement (OCSE) in the Department of Health
and Human Services (HHS) cooperated in the development of regulations
to create a National Medical Support Notice (NMSN or Notice). The
Notice simplifies the issuance and processing of qualified medical
child support orders issued by state child support enforcement
agencies, provides for standardized communication between state
agencies, employers, and plan administrators, and creates a uniform and
streamlined process for enforcement of medical child support
obligations ordered by state child support enforcement agencies. The
NMSN comprises two parts: Part A was promulgated by HHS and pertains to
state child support enforcement agencies and employers; Part B was
promulgated by the Department and pertains to plan administrators
pursuant to ERISA. This solicitation of public comment relates only to
Part B of the NMSN, which was promulgated by the Department. In
connection with promulgation of Part B of the NMSN, the Department
submitted an ICR to the Office of Management and Budget (OMB) for
review, and OMB approved the information collections contained in Part
B under OMB control number 1210-0113. OMB's approval of this ICR is
scheduled to expire on October 31, 2012. HHS and DOL plan to revise the
NMSN Parts A and B by October 2012, with minor changes. The revision
will synchronize the expiration dates and make conforming changes to
page 1 of the NMSN Part B to match the changes made to Part A by HHS in
2011.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Defined Benefit Plan Annual Funding Notice.
Type of Review: Extension of a currently approved information
collection.
OMB Number: 1210-0126.
Affected Public: Individuals or households; business or other for-
profit institutions; not-for-profit institutions.
Respondents: 30,458.
Responses: 49,171,095.
Estimated Total Burden Hours: 1,093,173.
Estimated Total Burden Cost (Operating and Maintenance):
$21,630,572.
Description: Section 101(f) of the Employee Retirement Income
Security Act of 1974 (ERISA) sets forth requirements applicable to
furnishing annual funding notices. Before the enactment of the Pension
Protection Act of 2006 (PPA), section 101(f) applied only to
multiemployer defined benefit plans. The Department issued a final
implementing regulation under this provision on January 11, 2006 (71 FR
1904), which is codified at 29 CFR 2520.101-4.
Section 501(a) of the PPA amended section 101(f) of ERISA and made
significant changes to the annual funding notice requirements. These
amendments require administrators of all defined benefit plans that are
subject to title IV of ERISA, not only multiemployer plans, to provide
an annual funding notice to the Pension Benefit Guaranty Corporation
(PBGC), to each plan participant and beneficiary, to each labor
organization representing such participants or beneficiaries, and, in
the case of a multiemployer plan, to each employer that has an
obligation to contribute to the plan. An annual funding notice must
include, among other things, the plan's funding percentage, a statement
of the value of the plan's assets and liabilities and a description of
how the plan's assets are invested as of specific dates, and a
description of the benefits under the plan that are eligible to be
guaranteed by the PBGC.
On February 10, 2009, the Department issued Field Assistance
Bulletin (FAB) 2009-1 to provide interim guidance under section 101(f)
of ERISA in order to assist plan administrators in discharging their
obligations under the new annual funding notice requirements, including
model notices plan administrators may use to satisfy the annual funding
notice content requirements. The FAB provides that pending further
guidance, the Department will, as a matter of enforcement policy, treat
a plan administrator as satisfying the requirements of section 101(f),
if the administrator complies with the guidance contained in the FAB
and has acted in accordance with a good faith, reasonable
interpretation of those requirements with respect to matters not
specifically addressed in the FAB. The ICR, as revised by the FAB,
expires on October 31, 2012. The Department issued proposed annual
funding notice regulations on November 18, 2010 (75 FR 70625). Much of
the guidance in FAB 2009-01 has been incorporated into the proposed
regulations. The guidance contained in the FAB remains in effect until
the Department adopts final regulations under section 101(f) of ERISA
(or if the Department were to publish any other guidance under section
101(f) other than final regulations).
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Prohibited Transaction Class Exemptions for Multiple
Employer Plans and Multiple Employer Apprenticeship Plans, PTE 76-1,
PTE 77-10, PTE 78-6.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0058.
Affected Public: Business or other for-profit; not-for-profit
institutions.
Respondents: 4,230.
Responses: 4,230.
Estimated Total Burden Hours: 1,052.
[[Page 37922]]
Estimated Total Burden Cost (Operating and Maintenance): $0.
Description: 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 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
providing relief from the prohibitions of subsection 406(b)(2) of ERISA
with respect to collectively bargained multiple employer plans sharing
office space and administrative services with parties in interest if
specific conditions are met. 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 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 November 30, 2012.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Request to the Department of Labor for Expedited Review of
Denial of COBRA Premium Reduction.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0135.
Affected Public: Individuals or households; business or other for-
profit; not-for-profit institutions.
Respondents: 15,400.
Responses: 15,400.
Estimated Total Burden Hours: 14,350.
Estimated Total Burden Cost (Operating and Maintenance): $8,000.
Description: The continuation coverage provisions of section 601
through 608 of ERISA (and parallel provisions of the Internal Revenue
Code (Code)) generally require group health plans to offer qualified
beneficiaries' the opportunity to elect continuation coverage following
certain events that would otherwise result in the loss of coverage.
Continuation coverage is a temporary extension of the qualified
beneficiary's previous group health coverage. The right to elect
continuation coverage allows individuals to maintain group health
coverage under adverse circumstances and to bridge gaps in health
coverage that otherwise could limit their access to health care.
COBRA provides the Secretary of Labor (the Secretary) with
authority under section 608 of ERISA to carry out the continuation
coverage provisions. The Conference Report that accompanied COBRA
divided interpretive authority over the COBRA provisions between the
Secretary and the Secretary of the Treasury (the Treasury) by providing
that the Secretary has the authority to issue regulations implementing
the notice and disclosure requirements of COBRA, while the Treasury is
authorized to issue regulations defining the required continuation
coverage.
On February 17, 2009, President Obama signed the American Recovery
and Reinvestment Act (ARRA) of 2009 (Pub. L. 111-5). Section 3001(a)(5)
of ARRA provides that if individuals request treatment as an assistance
eligible individual and are denied such treatment because of their
ineligibility for COBRA continuation coverage, the Secretary of Labor
must provide for expedited review of the denial upon application to the
Secretary in the form and manner the Secretary provides. The Secretary
of Labor is required to act in consultation with the Secretary of the
Treasury and must make a determination within 15 business days after
receipt of an individual's application for review.
The Application is the form that will be used by individuals to
file their expedited review appeals with EBSA. All of the information
requested on the Application must be completed, and an Application may
be denied if sufficient information is not provided. In certain
situations, EBSA will have to contact plan administrators for
additional information regarding an applicant's appeal of a denial of
premium reduction. The Letter will be used for this purpose in cases
where the Department has otherwise been unable to contact a plan
administrator.
On November 9, 2009, the Office of Management and Budget (OMB)
approved the Application and the Letter under OMB Control Number 1210-
0135. The approval is scheduled to expire on November 30, 2012.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Notice of Special Enrollment.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0101.
Affected Public: Business or other for-profit; not-for-profit
institutions.
Respondents: 2,757,800.
Responses: 10,847,611.
Estimated Total Burden Hours: 0.
Estimated Total Burden Cost (Operating and Maintenance): $94,917.
Description: Subsection (c) of 29 CFR 2590.701-6 requires group
health plans to provide a notice describing the plan's special
enrollment rules to each employee who is offered an initial opportunity
to enroll in the group health plan. The special enrollment rules
described in the notice of special enrollment generally provide
enrollment rights to employees and their dependents in specified
circumstances occurring after the employee or dependent initially
declines to enroll in the plan. EBSA previously submitted an ICR
concerning the notice of special enrollment to the Office of Management
and Budget (OMB) for review under the PRA and received approval under
OMB Control No. 1210-0101. The ICR approval is currently scheduled to
expire on December 31, 2012.
Agency: Employee Benefits Security Administration, Department of
Labor.
[[Page 37923]]
Title: Notice of Pre-Existing Condition Exclusion.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0102.
Affected Public: Business or other for-profit; not-for-profit
institutions.
Respondents: 827,330.
Responses: 4,683,541.
Estimated Total Burden Hours: 6,661.
Estimated Total Burden Cost (Operating and Maintenance):
$1,319,664.
Description: Regulation section 2590.701-3 requires group health
plans imposing a pre-existing condition exclusion, and health insurance
issuers offering group health insurance subject to a preexisting
condition exclusion, to provide all participants under the plan a
written general notice of the pre-existing condition and also to
provide any affected individual a specific written notice describing
the length of preexisting condition exclusion applicable to that
individual under the plan after the plan or issuer has made a
determination, for that individual, of creditable coverage. EBSA
previously submitted an ICR with respect to these pre-existing
condition exclusion notices to the Office of Management and Budget
(OMB) for review under the PRA and received approval under OMB Control
No. 1210-0102. The ICR approval is currently scheduled to expire on
December 31, 2012.
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Establishing Prior Creditable Coverage.
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0103.
Affected Public: Business or other for-profit; not-for-profit
institutions.
Respondents: 2,757,768.
Responses: 19,593,756.
Estimated Total Burden Hours: 88,066.
Estimated Total Burden Cost (Operating and Maintenance):
$13,830,615.
Description: Subsection (a) of 29 CFR 2590.701-5 requires a group
health plan and each health insurance issuer offering group health
insurance coverage under a group health plan to furnish certificates of
creditable coverage to specified individuals under specified
circumstances. EBSA previously submitted an ICR concerning the
requirement to provide certificates of creditable coverage to the
Office of Management and Budget (OMB) for review under the PRA and
received approval under OMB Control No. 1210-0103. The ICR approval is
currently scheduled to expire on December 31, 2012.
II. Focus of Comments
The Department is particularly interested in comments that:
Evaluate whether the collections of information are
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
collections 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 submissions of responses.
Comments submitted in response to this notice will be summarized
and/or included in the ICRs for OMB approval of the extension of the
information collection; they will also become a matter of public
record.
Dated: June 18, 2012.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security
Administration.
[FR Doc. 2012-15392 Filed 6-22-12; 8:45 am]
BILLING CODE 4510-29-P
