80_FR_66785 80 FR 66576 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Genetic Information Nondiscrimination Act of 2008 Research Exception Notice

80 FR 66576 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Genetic Information Nondiscrimination Act of 2008 Research Exception Notice

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 80, Issue 209 (October 29, 2015)

Page Range66576-66577
FR Document2015-27530

On October 30, 2015, the Department of Labor (DOL) will submit the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Genetic Information Nondiscrimination Act of 2008 Research Exception Notice,'' 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 80 Issue 209 (Thursday, October 29, 2015)
[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Notices]
[Pages 66576-66577]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27530]


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

DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Genetic Information Nondiscrimination Act of 
2008 Research Exception Notice

ACTION: Notice.

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

SUMMARY: On October 30, 2015, the Department of Labor (DOL) will submit 
the Employee Benefits Security Administration (EBSA) sponsored 
information collection request (ICR) titled, ``Genetic Information 
Nondiscrimination Act of 2008 Research Exception Notice,'' 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 November 30, 2015.

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=201509-1210-003 (this link will only become active 
on October 31, 2015) 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: 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 Genetic Information Nondiscrimination Act of 2008 (GINA), Public 
Law 110-233, Research Exception Notice information collection codified 
in regulations 29 CFR 2590.702A(c)(5)(iv). GINA sections 101 through 
104 respectively amended the Employee Retirement Income Security Act of 
1974 (ERISA), the Public Health Service Act, the Internal Revenue Code 
of 1986, and the Social Security Act to prohibit discrimination in 
health coverage based on genetic information. GINA sections 101 through 
103 generally prevent employment-based group health plans and health 
insurance issuers in the group and individual markets from 
discriminating based on genetic information and from collecting such 
information. The GINA amended ERISA section 702 by adding paragraph (c) 
that limits a group health plan and an insurer offering such a plan 
from requesting or requiring genetic testing. See 29 U.S.C. 1182(c). 
Paragraph (c)(4) provides a research exception that allows a group 
health plan or group health insurance issuer to request, but not 
require, a participant or beneficiary to undergo a genetic test if 
specified conditions are satisfied that include making certain 
disclosures to the participant or beneficiary. See 29 U.S.C. 
1182(c)(4). The EBSA has developed a prototype notice that may be used. 
GINA section 101(f) authorizes this information collection. See 29 
U.S.C. 1132 note.
    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 1210-0136.
    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 October 31, 2015. 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 June 17, 2015 (80 FR 
34696).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section by November 30, 2015. In order to help ensure 
appropriate consideration, comments should mention OMB Control Number 
1210-0136. 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 are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology,

[[Page 66577]]

e.g., permitting electronic submission of responses.
    Agency: DOL-EBSA.
    Title of Collection: Genetic Information Nondiscrimination Act of 
2008 Research Exception Notice.
    OMB Control Number: 1210-0136.
    Affected Public: Private Sector--businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 3.
    Total Estimated Number of Responses: 3.
    Total Estimated Annual Time Burden: 1 hour.
    Total Estimated Annual Other Costs Burden: $16.

    Dated: October 23, 2015.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2015-27530 Filed 10-28-15; 8:45 am]
 BILLING CODE 4510-29-P



                                                    66576                       Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Notices

                                                    use of appropriate automated,                           Michel Smyth by telephone at 202–693–                 information collection. See 29 U.S.C.
                                                    electronic, mechanical, or other                        4129, TTY 202–693–8064, (these are not                1132 note.
                                                    technological collection techniques or                  toll-free numbers) or by email at DOL_                  This information collection is subject
                                                    other forms of information technology,                  PRA_PUBLIC@dol.gov.                                   to the PRA. A Federal agency generally
                                                    e.g., permitting electronic submission of                 Submit comments about this request                  cannot conduct or sponsor a collection
                                                    responses.                                              by mail or courier to the Office of                   of information, and the public is
                                                      Agency: DOL–ETA.                                      Information and Regulatory Affairs,                   generally not required to respond to an
                                                      Title of Collection: H–2B Foreign                     Attn: OMB Desk Officer for DOL–EBSA                   information collection, unless it is
                                                    Labor Certification Program.                            Office of Management and Budget,                      approved by the OMB under the PRA
                                                      OMB Control Number: 1205–0509.                        Room 10235, 725 17th Street NW.,                      and displays a currently valid OMB
                                                      Affected Public: State, Local, and                    Washington, DC 20503; by Fax: 202–                    Control Number. In addition,
                                                    Tribal Governments; Private Sector—                     395–5806 (this is not a toll-free                     notwithstanding any other provisions of
                                                    businesses or other for-profits, farms,                 number); or by email: OIRA_                           law, no person shall generally be subject
                                                    and not-for-profit institutions.                        submission@omb.eop.gov. Commenters                    to penalty for failing to comply with a
                                                      Total Estimated Number of                             are encouraged, but not required, to                  collection of information that does not
                                                    Respondents: 7,355.                                     send a courtesy copy of any comments                  display a valid Control Number. See 5
                                                      Total Estimated Number of                             by mail or courier to the U.S.                        CFR 1320.5(a) and 1320.6. The DOL
                                                    Responses: 180,185.                                     Department of Labor-OASAM, Office of                  obtains OMB approval for this
                                                      Total Estimated Annual Time Burden:                   the Chief Information Officer, Attn:                  information collection under Control
                                                    48,800 hours.                                           Departmental Information Compliance
                                                      Total Estimated Annual Other Costs                                                                          Number 1210–0136.
                                                                                                            Management Program, Room N1301,                         OMB authorization for an ICR cannot
                                                    Burden: $351,800.                                       200 Constitution Avenue NW.,                          be for more than three (3) years without
                                                      Dated: October 24, 2015.                              Washington, DC 20210; or by email:                    renewal, and the current approval for
                                                    Michel Smyth,                                           DOL_PRA_PUBLIC@dol.gov.                               this collection is scheduled to expire on
                                                    Departmental Clearance Officer.                         FOR FURTHER INFORMATION CONTACT:                      October 31, 2015. The DOL seeks to
                                                    [FR Doc. 2015–27567 Filed 10–28–15; 8:45 am]            Michel Smyth by telephone at 202–693–                 extend PRA authorization for this
                                                    BILLING CODE 4510–FP–P
                                                                                                            4129, TTY 202–693–8064, (these are not                information collection for three (3) more
                                                                                                            toll-free numbers) or by email at DOL_                years, without any change to existing
                                                                                                            PRA_PUBLIC@dol.gov.                                   requirements. The DOL notes that
                                                    DEPARTMENT OF LABOR                                       Authority: 44 U.S.C. 3507(a)(1)(D).                 existing information collection
                                                                                                            SUPPLEMENTARY INFORMATION:      This ICR              requirements submitted to the OMB
                                                    Office of the Secretary                                 seeks to extend PRA authority for the                 receive a month-to-month extension
                                                                                                            Genetic Information Nondiscrimination                 while they undergo review. For
                                                    Agency Information Collection
                                                                                                            Act of 2008 (GINA), Public Law 110–                   additional substantive information
                                                    Activities; Submission for OMB
                                                                                                            233, Research Exception Notice                        about this ICR, see the related notice
                                                    Review; Comment Request; Genetic
                                                                                                            information collection codified in                    published in the Federal Register on
                                                    Information Nondiscrimination Act of
                                                                                                            regulations 29 CFR 2590.702A(c)(5)(iv).               June 17, 2015 (80 FR 34696).
                                                    2008 Research Exception Notice
                                                                                                            GINA sections 101 through 104                           Interested parties are encouraged to
                                                    ACTION:   Notice.                                       respectively amended the Employee                     send comments to the OMB, Office of
                                                                                                            Retirement Income Security Act of 1974                Information and Regulatory Affairs at
                                                    SUMMARY:    On October 30, 2015, the                    (ERISA), the Public Health Service Act,               the address shown in the ADDRESSES
                                                    Department of Labor (DOL) will submit                   the Internal Revenue Code of 1986, and                section by November 30, 2015. In order
                                                    the Employee Benefits Security                          the Social Security Act to prohibit                   to help ensure appropriate
                                                    Administration (EBSA) sponsored                         discrimination in health coverage based               consideration, comments should
                                                    information collection request (ICR)                    on genetic information. GINA sections                 mention OMB Control Number 1210–
                                                    titled, ‘‘Genetic Information                           101 through 103 generally prevent                     0136. The OMB is particularly
                                                    Nondiscrimination Act of 2008 Research                  employment-based group health plans                   interested in comments that:
                                                    Exception Notice,’’ to the Office of                    and health insurance issuers in the                     • Evaluate whether the proposed
                                                    Management and Budget (OMB) for                         group and individual markets from                     collection of information is necessary
                                                    review and approval for continued use,                  discriminating based on genetic                       for the proper performance of the
                                                    without change, in accordance with the                  information and from collecting such                  functions of the agency, including
                                                    Paperwork Reduction Act of 1995                         information. The GINA amended ERISA                   whether the information will have
                                                    (PRA), 44 U.S.C. 3501 et seq. Public                    section 702 by adding paragraph (c) that              practical utility;
                                                    comments on the ICR are invited.                        limits a group health plan and an                       • Evaluate the accuracy of the
                                                    DATES: The OMB will consider all                        insurer offering such a plan from                     agency’s estimate of the burden of the
                                                    written comments that agency receives                   requesting or requiring genetic testing.              proposed collection of information,
                                                    on or before November 30, 2015.                         See 29 U.S.C. 1182(c). Paragraph (c)(4)               including the validity of the
                                                    ADDRESSES: A copy of this ICR with                      provides a research exception that                    methodology and assumptions used;
                                                    applicable supporting documentation;                    allows a group health plan or group                     • Enhance the quality, utility, and
                                                    including a description of the likely                   health insurance issuer to request, but               clarity of the information to be
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    respondents, proposed frequency of                      not require, a participant or beneficiary             collected; and
                                                    response, and estimated total burden                    to undergo a genetic test if specified                  • Minimize the burden of the
                                                    may be obtained free of charge from the                 conditions are satisfied that include                 collection of information on those who
                                                    RegInfo.gov Web site at http://                         making certain disclosures to the                     are to respond, including through the
                                                    www.reginfo.gov/public/do/                              participant or beneficiary. See 29 U.S.C.             use of appropriate automated,
                                                    PRAViewICR?ref_nbr=201509-1210-003                      1182(c)(4). The EBSA has developed a                  electronic, mechanical, or other
                                                    (this link will only become active on                   prototype notice that may be used.                    technological collection techniques or
                                                    October 31, 2015) or by contacting                      GINA section 101(f) authorizes this                   other forms of information technology,


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                                                                                Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Notices                                               66577

                                                    e.g., permitting electronic submission of               4129, TTY 202–693–8064, (these are not                renewal, and the current approval for
                                                    responses.                                              toll-free numbers) or by email at                     this collection is scheduled to expire on
                                                      Agency: DOL–EBSA.                                     DOL_PRA_PUBLIC@dol.gov.                               October 31, 2015. The DOL seeks to
                                                      Title of Collection: Genetic                             Submit comments about this request                 extend PRA authorization for this
                                                    Information Nondiscrimination Act of                    by mail or courier to the Office of                   information collection for three (3) more
                                                    2008 Research Exception Notice.                         Information and Regulatory Affairs,                   years. The DOL notes that existing
                                                      OMB Control Number: 1210–0136.                        Attn: OMB Desk Officer for DOL–ETA,                   information collection requirements
                                                      Affected Public: Private Sector—                      Office of Management and Budget,                      submitted to the OMB receive a month-
                                                    businesses or other for-profits and not-                Room 10235, 725 17th Street NW.,                      to-month extension while they undergo
                                                    for-profit institutions.                                Washington, DC 20503; by Fax: 202–                    review. For additional substantive
                                                      Total Estimated Number of                             395–5806 (this is not a toll-free                     information about this ICR, see the
                                                    Respondents: 3.                                         number); or by email:                                 related notice published in the Federal
                                                      Total Estimated Number of                             OIRA_submission@omb.eop.gov.                          Register on July 16, 2015 (80 FR 42124).
                                                    Responses: 3.                                           Commenters are encouraged, but not                      Interested parties are encouraged to
                                                      Total Estimated Annual Time Burden:                   required, to send a courtesy copy of any              send comments to the OMB, Office of
                                                    1 hour.                                                 comments by mail or courier to the U.S.               Information and Regulatory Affairs at
                                                      Total Estimated Annual Other Costs                    Department of Labor-OASAM, Office of                  the address shown in the ADDRESSES
                                                    Burden: $16.                                            the Chief Information Officer, Attn:                  section by November 30, 2015. In order
                                                      Dated: October 23, 2015.                              Departmental Information Compliance                   to help ensure appropriate
                                                    Michel Smyth,                                           Management Program, Room N1301,                       consideration, comments should
                                                    Departmental Clearance Officer.                         200 Constitution Avenue NW.,                          mention OMB Control Number 1205–
                                                    [FR Doc. 2015–27530 Filed 10–28–15; 8:45 am]            Washington, DC 20210; or by email:                    0516. The OMB is particularly
                                                    BILLING CODE 4510–29–P
                                                                                                            DOL_PRA_PUBLIC@dol.gov.                               interested in comments that:
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                    • Evaluate whether the proposed
                                                                                                            Contact Michel Smyth by telephone at                  collection of information is necessary
                                                    DEPARTMENT OF LABOR                                     202–693–4129, TTY 202–693–8064,                       for the proper performance of the
                                                                                                            (these are not toll-free numbers) or by               functions of the agency, including
                                                    Office of the Secretary                                 email at DOL_PRA_PUBLIC@dol.gov.                      whether the information will have
                                                                                                                                                                  practical utility;
                                                    Agency Information Collection                             Authority: 44 U.S.C. 3507(a)(1)(D).                   • Evaluate the accuracy of the
                                                    Activities; Submission for OMB                          SUPPLEMENTARY INFORMATION:     This ICR               agency’s estimate of the burden of the
                                                    Review; Comment Request; Employer-                      seeks to extend PRA authority for the                 proposed collection of information,
                                                    Provided Survey Attestations To                         Employer-Provided Survey Attestations                 including the validity of the
                                                    Accompany H–2B Prevailing Wage                          to Accompany H–2B Prevailing Wage                     methodology and assumptions used;
                                                    Determination Request Based on a                        Determination Request Based on a Non-                   • Enhance the quality, utility, and
                                                    Non-OES Survey                                          OES Survey information collection. This               clarity of the information to be
                                                                                                            ICR supports ETA regulations regarding                collected; and
                                                    ACTION:   Notice.                                       the use of wage surveys in the H–2B                     • Minimize the burden of the
                                                                                                            labor certification program. The                      collection of information on those who
                                                    SUMMARY:    On October 30, 2015, the                                                                          are to respond, including through the
                                                    Department of Labor (DOL) will submit                   regulations at 20 CFR 655.10(b)(4)
                                                                                                            require an employer to submit Form                    use of appropriate automated,
                                                    the Employment and Training                                                                                   electronic, mechanical, or other
                                                                                                            ETA–9165 to answer questions about
                                                    Administration (ETA) sponsored                                                                                technological collection techniques or
                                                                                                            any private wage survey submitted to
                                                    information collection request (ICR)                                                                          other forms of information technology,
                                                                                                            obtain a prevailing wage determination.
                                                    titled, ‘‘Employer-Provided Survey                                                                            e.g., permitting electronic submission of
                                                                                                            Immigration and Nationality Act
                                                    Attestations to Accompany H–2B                                                                                responses.
                                                                                                            sections 101(a)(15)(H)(ii)(b) and 214(c)
                                                    Prevailing Wage Determination Request                                                                           Agency: DOL–ETA.
                                                                                                            authorize this information collection.
                                                    Based on a Non-OES Survey,’’ to the                                                                             Title of Collection: Employer-
                                                                                                            See 8 U.S.C. 1011(a)(15)(H)(ii)(b) and
                                                    Office of Management and Budget                                                                               Provided Survey Attestations to
                                                                                                            1184(c).
                                                    (OMB) for review and approval in                          This information collection is subject              Accompany H–2B Prevailing Wage
                                                    accordance with the Paperwork                           to the PRA. A Federal agency generally                Determination Request Based on a Non-
                                                    Reduction Act of 1995 (PRA), 44 U.S.C.                  cannot conduct or sponsor a collection                OES Survey.
                                                    3501 et seq. Public comments on the                     of information, and the public is                       OMB Control Number: 1205–0516.
                                                    ICR are invited.                                        generally not required to respond to an                 Affected Public: Private Sector—
                                                    DATES: The OMB will consider all                        information collection, unless it is                  businesses or other for-profits, farms,
                                                    written comments that agency receives                   approved by the OMB under the PRA                     and not-for-profit institutions.
                                                    on or before November 30, 2015.                                                                                 Total Estimated Number of
                                                                                                            and displays a currently valid OMB
                                                    ADDRESSES: A copy of this ICR with
                                                                                                                                                                  Respondents: 556.
                                                                                                            Control Number. In addition,
                                                                                                                                                                    Total Estimated Number of
                                                    applicable supporting documentation;                    notwithstanding any other provisions of
                                                                                                                                                                  Responses: 556.
                                                    including a description of the likely                   law, no person shall generally be subject               Total Estimated Annual Time Burden:
                                                    respondents, proposed frequency of                      to penalty for failing to comply with a
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                  348 hours.
                                                    response, and estimated total burden                    collection of information that does not                 Total Estimated Annual Other Costs
                                                    may be obtained free of charge from the                 display a valid Control Number. See 5                 Burden: $211,884.
                                                    RegInfo.gov Web site at http://                         CFR 1320.5(a) and 1320.6. The DOL
                                                    www.reginfo.gov/public/do/                                                                                      Dated: October 25, 2015.
                                                                                                            obtains OMB approval for this
                                                    PRAViewICR?ref_nbr=201510-1205-006                      information collection under Control                  Michel Smyth,
                                                    (this link will only become active on                   Number 1205–0516.                                     Departmental Clearance Officer.
                                                    October 31, 2015) or by contacting                        OMB authorization for an ICR cannot                 [FR Doc. 2015–27566 Filed 10–28–15; 8:45 am]
                                                    Michel Smyth by telephone at 202–693–                   be for more than three (3) years without              BILLING CODE 4510–FP–P




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Document Created: 2015-12-14 15:21:49
Document Modified: 2015-12-14 15:21:49
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 November 30, 2015.
ContactMichel Smyth by telephone at 202-693- 4129, TTY 202-693-8064, (these are not toll-free numbers) or by email at [email protected]
FR Citation80 FR 66576 

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