83_FR_53705 83 FR 53500 - Proposed Extension of Information Collection Requests for Public Comment

83 FR 53500 - Proposed Extension of Information Collection Requests for Public Comment

DEPARTMENT OF LABOR
Employee Benefits Security Administration

Federal Register Volume 83, Issue 205 (October 23, 2018)

Page Range53500-53506
FR Document2018-23079

The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995, 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 (http://www.reginfo.gov/public/do/PRAMain).

Federal Register, Volume 83 Issue 205 (Tuesday, October 23, 2018)
[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Notices]
[Pages 53500-53506]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23079]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection Requests for Public 
Comment

AGENCY: Employee Benefits Security Administration, Department of Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (the Department), in accordance with 
the Paperwork Reduction Act of 1995, 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

[[Page 53501]]

reginfo.gov (http://www.reginfo.gov/public/do/PRAMain).

DATES: Written comments must be submitted to the office shown in the 
ADDRESSES section on or before December 24, 2018.

ADDRESSES: G. Christopher Cosby, Department of Labor, Employee Benefits 
Security Administration, 200 Constitution Avenue NW, Room N-5718, 
Washington, DC 20210, ebsa.opr@dol.gov, (202) 693-8410, FAX (202) 219-
4745 (these are not toll-free numbers).

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 
transaction exemptions described below. The Department is not proposing 
any changes to the existing ICRs at this time. 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: Genetic Information Nondiscrimination Act of 2008 Research 
Exception Notice.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0136.
    Affected Public: Businesses or other for-profits; Not-for-profit 
institutions.
    Respondents: 3.
    Responses: 3.
    Estimated Total Burden Hours: 1.
    Estimated Total Burden Cost (Operating and Maintenance): $16.
    Description: The Genetic Information Nondiscrimination Act of 2008 
(GINA), Public Law 110-233, was enacted on May 21, 2008. Title I of 
GINA amended the Employee Retirement Income Security Act of 1974 
(ERISA), the Public Health Service Act (PHS Act), the Internal Revenue 
Code of 1986 (Code), and the Social Security Act (SSA) to prohibit 
discrimination in health coverage based on genetic information. 
Sections 101 through 103 of Title I of GINA 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 interim final regulations, 
which are codified at 29 CFR 2590.702-1, only interpret Sections 101 
through 103 of Title I of GINA.
    GINA and the interim final regulations (29 CFR 2590.702-1(c)(5)) 
provide a research exception to the limitations on requesting or 
requiring genetic testing that allow a group health plan or group 
health insurance issuer to request, but not require, a participant or 
beneficiary to undergo a genetic test if all of the following 
conditions of the research exception are satisfied:
     The request must be made pursuant to research that 
complies with 45 CFR part 46 (or equivalent Federal regulations) and 
any applicable State or local law or regulations for the protection of 
human subjects in research. To comply with the informed consent 
requirements of 45 CFR 46.116 (a)(8), a participant must receive a 
disclosure that participation in the research is voluntary, refusal to 
participate cannot involve any penalty or loss of benefits to which the 
participant is otherwise entitled, and the participant may discontinue 
participation at any time without penalty or loss of benefits to which 
the participant is entitled (the Participant Disclosure). The interim 
final regulations provide that when the Participant Disclosure is 
received by participants seeking their informed consent, no additional 
disclosures are required for purposes of the GINA research exception.
     The plan or issuer must make the request in writing and 
must clearly indicate to each participant or beneficiary (or in the 
case of a minor child, to the legal guardian of such beneficiary) to 
whom the request is made that compliance with the request is voluntary 
and noncompliance will have no effect on eligibility for benefits or 
premium or contribution amounts.
     None of the genetic information collected or acquired as a 
result of the research may be used for underwriting purposes.
     The plan or issuer must complete a copy of the ``Notice of 
Research Exception under the Genetic Information Nondiscrimination 
Act'' (the Notice) and provide it to the address specified in its 
instructions. The Notice and instructions are available on the 
Department of Labor's website (http://www.dol.gov/ebsa).
    The Participant Disclosure and the Notice are the ICRs contained in 
the interim final rules. The Department previously requested review of 
this information collection and obtained approval OMB under OMB control 
number 1210-0136. The ICRs are scheduled to expire on February 28, 
2019.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Definition of Plan Assets--Participant Contributions.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0100.
    Affected Public: Businesses or other for-profits.
    Respondents: 1.
    Responses: 251.
    Estimated Total Burden Hours: 8.
    Estimated Total Burden Cost (Operating and Maintenance): $1,464.
    Description: The regulation concerning plan assets and participant 
contributions provides guidance for fiduciaries, participants, and 
beneficiaries of employee benefit plans regarding how participant 
contributions to pension plans must be handled when they are either 
paid to the employer by the participant or directly withheld by the 
employer from the employee's wages for transmission to the pension 
plan. For those employers who may have difficulty meeting the 
regulation's deadlines for transmitting participant contribution, the 
regulation (29 CFR 2510.3-102(d)) provides an opportunity for the 
employer to obtain an extension of the time limit by providing 
participants and the Department with a notice that contains specified 
information. The ICR pertains to this notice requirement. The 
Department previously requested review of this ICR and obtained 
approval from OMB under OMB control number 1210-0100. That approval is 
scheduled to expire on February 28, 2019.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Disclosures for Participant-Directed Individual Account 
Plans.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0090.
    Affected Public: Businesses or other for-profits.
    Respondents: 518,282.
    Responses: 713,900,000.
    Estimated Total Burden Hours: 7,300,000.
    Estimated Total Burden Cost (Operating and Maintenance): 
$274,000,000.
    Description: Plan administrators are required to provide plan- and 
investment-related fee and expense information to participants and 
beneficiaries in all participant directed individual account plans 
(e.g., 401(k) plans) for plan years beginning on or after January 1, 
2011. The Department previously requested review of this information 
collection and obtained approval from OMB under OMB control number 
1210-0090. The ICR is scheduled to expire on February 28, 2019.

[[Page 53502]]

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Bank Collective Investment Funds; Prohibited Transaction 
Class Exemption 1991-38.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0082.
    Affected Public: Businesses or other for-profits; Not-for-profit 
institutions.
    Respondents: 6,000.
    Responses: 6,000.
    Estimated Total Burden Hours: 1,000.
    Estimated Total Burden Cost (Operating and Maintenance): $0.
    Description: PTE 91-38 provides an exemption from the prohibited 
transaction provisions of the Employee Retirement Income Security Act 
of 1974 (ERISA) for certain transactions between a bank collective 
investment fund and persons who are parties in interest with respect to 
an employee benefit plan. Without the exemption, ERISA sections 406 and 
407(a) and Internal Revenue Code section 4975(c)(1) may prohibit 
transactions between the collective investment fund (CIF) and a party 
in interest to one or more of the employee benefit plans participating 
in the collective investment fund.
    Under PTE 91-38, a collective investment fund generally may engage 
in transactions with parties in interest to a plan that invests in the 
fund as long as the plan's total investment in the fund does not exceed 
a specified percentage of the total assets of the fund. PTE 91-38 also 
contains more limited or differently defined relief for funds holding 
more than the specified percentage for multiemployer plans, and for 
transactions involving employer securities and employer real property. 
In order to ensure that the rights of participants and beneficiaries 
are protected, and that bank collective investment funds can 
demonstrate compliance with the terms of the exemption, the Department 
requires a bank to maintain records regarding the exempted transactions 
and make them available for inspection to specified interested persons 
(including the Department and the Internal Revenue Service) on request 
for a period of six years.
    EBSA previously submitted the information collection provisions of 
PTE 91-38 to OMB for review in an ICR that was approved under the OMB 
Control No. 1210-0082. The current approval is scheduled to expire on 
February 28, 2019.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Prohibited Transaction Class Exemption 97-41; Collective 
Investment Funds Conversion Transactions.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0104.
    Affected Public: Businesses or other for-profits; Not-for-profit 
institutions.
    Respondents: 50.
    Responses: 105.
    Estimated Total Burden Hours: 1,760.
    Estimated Total Burden Cost (Operating and Maintenance): $508,282.
    Description: Prohibited Transaction Exemption (PTE) 97-41 provides 
an exemption from the prohibited transaction provisions of the 
Employment Retirement Income Security Act of 1974 (ERISA) and from 
certain taxes imposed by the Internal Revenue Code of 1986. The 
exemption permits employee benefit plans to purchase shares of one or 
more open-end investment companies (the funds) registered under the 
Investment Advisers Act of 1940 by transferring in-kind, to the 
investment company, assets of the plan that are part of a collective 
investment fund (CIF) maintained by a bank or plan advisor that is both 
a fiduciary of the plan and an investment advisor to the investment 
company offering the fund.
    The exemption requires that an independent fiduciary receive 
advance written notice of any covered transaction, as well as specific 
written information concerning the funds to be purchased. The 
independent fiduciary must also provide written advance approval of 
conversion transactions and receive written confirmation of each 
transaction, as well as additional on-going disclosures as defined in 
PTE 97-41. These disclosures are the basis for this ICR.
    EBSA previously submitted the information collection provisions of 
PTE 97-41 to OMB for review in connection with promulgation of the 
prohibited transaction exemption. OMB approved the ICR under OMB 
Control No. 1210-0104. The ICR approval is currently scheduled to 
expire on February 28, 2019.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Foreign Currency Transactions; Prohibited Transaction Class 
Exemption 1994-20.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0085.
    Affected Public: Businesses or other for-profits; Not-for-profit 
institutions.
    Respondents: 248.
    Responses: 1,240.
    Estimated Total Burden Hours: 200.
    Estimated Total Burden Cost (Operating and Maintenance): $0.
    Description: PTE 94-20 permits the purchase and sale of foreign 
currencies between an employee benefit plan and a bank, broker-dealer, 
or an affiliate thereof, that is a trustee, custodian, fiduciary, or 
other party in interest with respect to the plan. The exemption is 
available provided that the transaction is directed (within the meaning 
of section IV(e) of the exemption) by a plan fiduciary that is 
independent of the bank, broker-dealer, or affiliate and all other 
conditions of the exemption are satisfied. Without this exemption, 
certain aspects of these transactions might be prohibited by ERISA 
section 406(a).
    To protect the interests of participants and beneficiaries of the 
employee benefit plan, the exemption requires that the party wishing to 
take advantage of the exemption (1) develop written policies and 
procedures applicable to trading in foreign currencies on behalf of an 
employee benefit plan; (2) provide a written confirmation with respect 
to each transaction in foreign currency to the independent plan 
fiduciary, disclosing specified information; and (3) maintain records 
pertaining to the transaction for a period of six years. This ICR 
relates to the foregoing disclosure and recordkeeping requirements.
    EBSA previously submitted the information collection provisions of 
PTE 94-20 to OMB for review in connection with promulgation of the 
prohibited transaction exemption. OMB approved the ICR under OMB 
Control No. 1210-0085. The ICR approval is currently scheduled to 
expire on February 28, 2019.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Affordable Care Act Internal Claims and Appeals and External 
Review Procedures for Non-Grandfathered Plans.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0144.
    Affected Public: Businesses or other for-profits; Not-for-profit 
institutions.
    Respondents: 1,801,225.
    Responses: 278,413.
    Estimated Total Burden Hours: 2,271.
    Estimated Total Burden Cost (Operating and Maintenance): 
$1,143,236.
    Description: The Patient Protection and Affordable Care Act, Public 
Law 111-148, (the Affordable Care Act) was enacted by President Obama 
on March 23, 2010. As part of the Act, Congress

[[Page 53503]]

added Public Health Service Act (PHS Act) section 2719, which provides 
rules relating to internal claims and appeals and external review 
processes. The Department, in conjunction with the Departments of the 
Treasury and Department of Health and Human Services (collectively, the 
Departments), issued interim final regulations on July 23, 2010 (75 FR 
43330), which set forth rules implementing PHS Act section 2719 for 
internal claims and appeals and external review processes. With respect 
to internal claims and appeals processes for group health coverage, PHS 
Act section 2719 and paragraph (b)(2)(i) of the interim final 
regulations provide that group health plans and health insurance 
issuers offering group health insurance coverage must comply with the 
internal claims and appeals processes set forth in 29 CFR 2560.503-1 
(the DOL claims procedure regulation) and update such processes in 
accordance with standards established by the Secretary of Labor in 
paragraph (b)(2)(ii) of the regulations.
    Also, PHS Act section 2719 and the interim final regulations 
provide that group health plans and issuers offering group health 
insurance coverage must comply either with a State external review 
process or a Federal review process. The regulations provide a basis 
for determining when plans and issuers must comply with an applicable 
State external review process and when they must comply with the 
Federal external review process.
    The claims procedure regulation imposes information collection 
requirements as part of the reasonable procedures that an employee 
benefit plan must establish regarding the handling of a benefit claim. 
These requirements include third-party notice and disclosure 
requirements that the plan must satisfy by providing information to 
participants and beneficiaries of the plan.
    On June 24, 2011, the Department amended the interim final 
regulations. Two amendments revised the ICR. The first amendment 
provides that plans no longer are required to include diagnosis and 
treatment codes on notices of adverse benefit determination and final 
internal adverse benefit determination. Instead, they must notify 
claimants of the opportunity to receive the codes on request and plans 
and issuers must provide the codes upon request.
    The second amendment also changes the method plans and issuers must 
use to determine who is eligible to receive a notice in a culturally 
and linguistically appropriate manner, and the information that must be 
provided to such persons. The previous rule was based on the number of 
employees at a firm. The new rule is based on whether a participant or 
beneficiary resides in a county where ten percent or more of the 
population residing in the county is literate only in the same non-
English language. The ICR was approved by OMB under OMB Control Number 
1210-0144 and is scheduled to expire on March 31, 2019.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Affordable Care Act Advance Notice of Rescission.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0141.
    Affected Public: Businesses or other for-profits; Not-for-profit 
institutions.
    Respondents: 100.
    Responses: 1,533.
    Estimated Total Burden Hours: 20.
    Estimated Total Burden Cost (Operating and Maintenance): $250.
    Description: Section 2712 of the PHS Act, as added by the 
Affordable Care Act, and the Department's interim final regulation (26 
CFR 54.9815-2712, 29 CFR 2590.715-2712, 45 CFR 147.2712) provides rules 
regarding rescissions of health coverage for group health plans and 
health insurance issuers offering group or individual health insurance 
coverage. Under the statute and the interim final regulations, a group 
health plan, or a health insurance issuer offering group or individual 
health insurance coverage, generally must not rescind coverage except 
in the case of fraud or an intentional misrepresentation of a material 
fact. This standard applies to all rescissions, whether in the group or 
individual insurance market, or self-insured coverage. The rules also 
apply regardless of any contestability period of the plan or issuer.
    PHS Act section 2712 adds a new advance notice requirement when 
coverage is rescinded where still permissible. Specifically, the second 
sentence in section 2712 provides that coverage may not be cancelled 
unless prior notice is provided, and then only as permitted under PHS 
Act sections 2702(c) and 2742(b). Under the interim final regulations, 
even if prior notice is provided, rescission is only permitted in cases 
of fraud or an intentional misrepresentation of a material fact as 
permitted under the cited provisions.
    The interim final regulations provide that a group health plan, or 
a health insurance issuer offering group health insurance coverage, 
must provide at least 30 days advance notice to an individual before 
coverage may be rescinded. The notice must be provided regardless of 
whether the rescission is of group or individual coverage; or whether, 
in the case of group coverage, the coverage is insured or self-insured, 
or the rescission applies to an entire group or only to an individual 
within the group. The ICR was approved by OMB under OMB Control Number 
1210-0141 and is scheduled to expire on March 31, 2019.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Affordable Care Act Grandfathered Health Plan Disclosure, 
Recordkeeping Requirement, and Change in Carrier Disclosure.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0140.
    Affected Public: Businesses or other for-profits; Not-for-profit 
institutions.
    Respondents: 983,923.
    Responses: 18,143,918.
    Estimated Total Burden Hours: 2,220.
    Estimated Total Burden Cost (Operating and Maintenance): $366,791.
    Description: Section 1251 of the Patient Protection and Affordable 
Care Act provides that certain plans and health insurance coverage in 
existence as of March 23, 2010, known as grandfathered health plans, 
are not required to comply with certain statutory provisions in the 
Act. To maintain its status as a grandfathered health plan, the interim 
final regulations (29 CFR 2590.715-1251(a)(3)) require the plan to 
maintain records documenting the terms of the plan in effect on March 
23, 2010, and any other documents that are necessary to verify, explain 
or clarify status as a grandfathered health plan. The plan must make 
such records available for examination upon request by participants, 
beneficiaries, individual policy subscribers, or a State or Federal 
agency official.
    The interim final regulations (29 CFR 2590.715-1251(a)(2)) also 
require a grandfathered health plan to include a statement in any plan 
material provided to participants or beneficiaries describing the 
benefits provided under the plan or health insurance coverage, that the 
plan or coverage believes it is a grandfathered health plan within the 
meaning of section 1251 of the Act, that being a grandfathered health 
plan means that the plan does not include certain consumer protections 
of the Act, and providing contact information for participants to 
direct questions regarding which protections apply and which 
protections do not apply to a grandfathered health plan and what might 
cause a plan to change from grandfathered health plan status and to

[[Page 53504]]

file complaints. The ICR contained in this interim final rule was 
approved by OMB under OMB Control Number 1210-0140, which is currently 
scheduled to expire on March 31, 2019.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Patient Protection and Affordable Care Act Patient 
Protection Notice.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0142.
    Affected Public: Businesses or other for-profits; Not-for-profit 
institutions.
    Respondents: 41,386.
    Responses: 693,007.
    Estimated Total Burden Hours: 5,173.
    Estimated Total Burden Cost (Operating and Maintenance): $5,371.
    Description: Section 2719A of the PHS Act, as added by the 
Affordable Care Act, and the Department's interim final regulation (29 
CFR 2590.715-2719A), states that if a group health plan, or a health 
insurance issuer offering group or individual health insurance 
coverage, requires or provides for designation by a participant, 
beneficiary, or enrollee of a participating primary care provider, then 
the plan or issuer must permit each participant, beneficiary, or 
enrollee to designate any participating primary care provider who is 
available to accept the participant, beneficiary, or enrollee. When 
applicable, it is important that individuals enrolled in a plan or 
health insurance coverage know of their rights to (1) choose a primary 
care provider or a pediatrician when a plan or issuer requires 
participants or subscribers to designate a primary care physician; or 
(2) obtain obstetrical or gynecological care without prior 
authorization. Accordingly, paragraph (a)(4) of the interim final 
regulations requires such plans and issuers to provide a notice to 
participants (in the individual market, primary subscribers) of these 
rights when applicable. Model language is provided in the interim final 
regulations. The notice must be provided whenever the plan or issuer 
provides a participant with a summary plan description or other similar 
description of benefits under the plan or health insurance coverage, or 
in the individual market, provides a primary subscriber with a policy, 
certificate, or contract of health insurance. The ICR was approved by 
OMB under OMB Control Number 1210-0142 and is scheduled to expire on 
March 31, 2019.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Employee Retirement Income Security Act Summary Annual 
Report Requirement.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0040.
    Affected Public: Not-for-profit institutions, Businesses or other 
for-profits.
    Respondents: 721,000.
    Responses: 168,200,000.
    Estimated Total Burden Hours: 2,300,000.
    Estimated Total Burden Cost (Operating and Maintenance): 
$62,500,000.
    Description: ERISA Section 104(b)(3) and the regulation published 
at 29 CFR 2520.104b-10 require, with certain exceptions, that 
administrators of employee benefit plans furnish annually to each 
participant and certain beneficiaries a summary annual report (SAR) 
meeting the requirements of the statute and regulation. The regulation 
prescribes the content and format of the SAR and the timing of its 
delivery. The SAR provides current information about the plan and 
assists those who receive it in understanding the plan's current 
financial operation and condition. It also explains participants' and 
beneficiaries' rights to receive further information on these issues.
    EBSA previously submitted the ICR provisions in the regulation at 
29 CFR 2520.104b-10 to OMB, and OMB approved the ICR under OMB Control 
No. 1210-0040. The ICR approval is scheduled to expire on April 30, 
2019.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Summary of Benefits and Coverage and Uniform Glossary 
Required Under the Affordable Care Act.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0147.
    Affected Public: Businesses or other for-profits; Not-for-profit 
institutions.
    Respondents: 4,644,924.
    Responses: 71,252,236.
    Estimated Total Burden Hours: 431,552.
    Estimated Total Burden Cost (Operating and Maintenance): 
$9,273,266.
    Description: Section 2715 of the PHS Act directs the Department of 
Health and Human Services (HHS), the Department of Labor (DOL), and the 
Department of the Treasury (collectively, the Departments), in 
consultation with the National Association of Insurance Commissioners 
(NAIC) and a working group comprised of stakeholders, to ``develop 
standards for use by a group health plan and a health insurance issuer 
in compiling and providing to applicants, enrollees, and policyholders 
and certificate holders a summary of benefits and coverage explanation 
that accurately describes the benefits and coverage under the 
applicable plan or coverage.'' To implement these disclosure 
requirements, collection of information requests relate to the 
provision of the following: Summary of benefits and coverage, which 
includes coverage examples; a uniform glossary of health coverage and 
medical terms; and a notice of modifications. The ICR was approved by 
OMB under OMB Control Number 1210-0147 and is scheduled to expire on 
April 30, 2019.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Annual Report for Multiple Employer Welfare Arrangements 
(Form M-1).
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0116.
    Affected Public: Businesses or other for-profits, not-for-profit 
institutions.
    Respondents: 456.
    Responses: 456.
    Estimated Total Burden Hours: 97.
    Estimated Total Burden Cost (Operating and Maintenance): $81,900.
    Description: The Health Insurance Portability and Accountability 
Act of 1996 (HIPAA), codified as Part 7 of Title I of the Employee 
Retirement Security Act of 1974 (ERISA), was enacted to improve the 
portability and continuity of health care coverage for participants and 
beneficiaries of group health plans. In the interest of assuring 
compliance with Part 7, section ERISA 101(g), added by HIPAA, further 
permits the Secretary of Labor (the Secretary) to require multiple 
employer welfare arrangements (MEWAs), as defined in ERISA section 
3(40), to report to the Secretary in such form and manner as the 
Secretary might determine. The Department published a final rule 
providing for such reporting on an annual basis, together with a form 
(Form M-1) to be used by MEWAs for the annual report. The reporting 
requirement enables the Secretary to determine whether the requirements 
of Part 7 of ERISA are being carried out.
    The Patient Protection and Affordable Care Act (Pub. L. 111-148, 
124 Stat. 119) and the Health Care and Education Reconciliation Act of 
2010 (Pub. L. 111-152, 124 Stat. 1029) (these are collectively known as 
the ``Affordable Care Act'') amended ERISA section 101(g). Under this 
amendment, MEWAs providing benefits consisting of medical

[[Page 53505]]

care (within the meaning of ERISA section 733(a)(2) that are not group 
health plans must now register with the Secretary prior to operating in 
a State. EBSA previously submitted an ICR for the information 
collection in Form M-1 to OMB for review under the PRA and received 
approval under OMB control number 1210-0116. This current approval is 
scheduled to expire on June 30, 2019.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Notice of Special Enrollment Rights Under Group Health 
Plans.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0101.
    Affected Public Businesses or other for-profits, not-for-profit 
institutions.
    Respondents: 2,300,000.
    Responses: 8,600,000.
    Estimated Total Burden Hours: 1.
    Estimated Total Burden Cost (Operating and Maintenance): $75,000.
    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 OMB for review under the 
PRA and received approval under OMB Control No. 1210-0101. The current 
ICR approval is scheduled to expire on June 30, 2019.
    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 Businesses or other for-profits, not-for-profit 
institutions.
    Respondents: 3,625.
    Responses: 3,625.
    Estimated Total Burden Hours: 906.
    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 ERISA section 406(b)(2) 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 ERISA section 
408(b)(2)) 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 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 OMB for approval of the information collections in 
PTEs 76-1, 77-10, and 78-6 and received OMB approval under OMB Control 
No. 1210-0058. The current approval is scheduled to expire on June 30, 
2019.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Multiple Employer Welfare Arrangement Administrative Law 
Judge Administrative Hearing Procedures.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0148.
    Affected Public: Businesses or other for-profits.
    Respondents: 10.
    Responses: 10.
    Estimated Total Burden Hours: 20.
    Estimated Total Burden Cost (Operating and Maintenance): $595,700.
    Description: Congress enacted section 6605 of the Affordable Care 
Act, Public Law 111-148, 124 Stat. 119, 780 (2010), which adds section 
521 to ERISA, to provide the Secretary with additional enforcement 
authority to protect plan participants, beneficiaries, employees or 
employee organizations, or other members of the public against 
fraudulent, abusive, or financially hazardous Multiple Employer Welfare 
Arrangements (MEWAs). This section authorizes the Secretary to issue ex 
parte cease and desist orders when it appears to the Secretary that the 
alleged conduct of a MEWA is ``fraudulent, or creates an immediate 
danger to the public safety or welfare, or is causing or can be 
reasonably expected to cause significant, imminent, and irreparable 
public injury.'' A person that is adversely affected by the issuance of 
a cease and desist order may request an administrative hearing 
regarding the order. This request for an administrative hearing is an 
information collection under the Paperwork Reduction Act.
    The Department previously submitted this information collection to 
OMB in an ICR that was approved under OMB Control Number 1210-0148. The 
current approval is scheduled to expire on June 30, 2019.

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

[[Page 53506]]

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: October 17, 2018.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security 
Administration.
[FR Doc. 2018-23079 Filed 10-22-18; 8:45 am]
 BILLING CODE 4510-29-P



                                               53500                        Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices

                                               IL; Vitech Corporation, Blacksburg, VA;                 Department of Justice, Community                      requirements for their grant/cooperative
                                               VMware, Inc., Palo Alto, CA; Wang                       Oriented Policing Services (COPS)                     agreement award. Requesting and/or
                                               Electro-Opto Corporation, Marietta, GA;                 Office, 145 N Street NE, Washington, DC               receiving a time extension will not
                                               World Wide Technology, Maryland                         20530 (202–514–6563). Written                         provide additional funding.
                                               Heights, MO; Wyle Laboratories, Inc.,                   comments and/or suggestions can also                    5. An estimate of the total number of
                                               Lexington Park, MD; and X-Feds, Inc.,                   be directed to the Office of Management               respondents and the amount of time
                                               San Diego, CA.                                          and Budget, Office of Information and                 estimated for an average respondent to
                                                 The general area of IWRP’s planned                    Regulatory Affairs, Attention                         respond: It is estimated that
                                               activity is conduct research,                           Department of Justice Desk Officer,                   approximately 2,700 respondents
                                               development, and prototyping of                         Washington, DC 20503 or sent to OIRA_                 annually will complete the form within
                                               projects and programs in the following                  submissions@omb.eop.gov.                              30 minutes.
                                               technology areas: Cyber Warfare; Data                   SUPPLEMENTARY INFORMATION: Written                      6. An estimate of the total public
                                               Science/Analytics Technologies;                         comments and suggestions from the                     burden (in hours) associated with the
                                               Assured Communications; Cloud                           public and affected agencies concerning               collection: 1,350 total annual burden
                                               Computing; Enterprise Resource Tools;                   the proposed collection of information                hours (0.5 hours × 2700 respondents +
                                               Collaboration and Social Networking;                    are encouraged. Your comments should                  1,350 total burden hours).
                                               Autonomy; Internet of Things (IoT)                      address one or more of the following                    If additional information is required
                                               Embedded Systems; Mobility, Model                       four points:                                          contact: Melody Braswell, Department
                                               Based Systems Engineering (MBSE); On-                   —Evaluate whether the proposed                        Clearance Officer, United States
                                               Demand Manufacturing; Assured                                 collection of information is                    Department of Justice, Justice
                                               Command and Control (AC2); Integrated                         necessary for the proper                        Management Division, Policy and
                                               Fires (IF); and Battlespace Awareness                         performance of the functions of the             Planning Staff, Two Constitution
                                               (BA).                                                         Bureau of Justice Statistics,                   Square, 145 N Street NE, Washington,
                                               Suzanne Morris,                                               including whether the information               DC 20530.
                                               Chief, Premerger and Division Statistics Unit,                will have practical utility;                      Dated: October 17, 2018.
                                               Antitrust Division.                                     —Evaluate the accuracy of the agency’s                Melody Braswell,
                                               [FR Doc. 2018–23092 Filed 10–22–18; 8:45 am]                  estimate of the burden of the                   Department Clearance Officer for PRA, U.S.
                                               BILLING CODE 4410–11–P
                                                                                                             proposed collection of information,             Department of Justice.
                                                                                                             including the validity of the                   [FR Doc. 2018–23022 Filed 10–22–18; 8:45 am]
                                                                                                             methodology and assumptions                     BILLING CODE 4410–AT–P
                                               DEPARTMENT OF JUSTICE                                         used;
                                                                                                       —Evaluate whether and if so how the
                                               [OMB Number 1103–0093]                                        quality, utility, and clarity of the
                                                                                                             information to be collected can be              DEPARTMENT OF LABOR
                                               Agency Information Collection
                                               Activities; Proposed eCollection                              enhanced; and
                                                                                                       —Minimize the burden of the collection                Employee Benefits Security
                                               eComments Requested; Revision of a                                                                            Administration
                                                                                                             of information on those who are to
                                               Previously Approved Collection; COPS
                                                                                                             respond, including through the use
                                               Extension Request Form                                                                                        Proposed Extension of Information
                                                                                                             of appropriate automated,
                                                                                                                                                             Collection Requests for Public
                                               AGENCY:  Community Oriented Policing                          electronic, mechanical, or other
                                                                                                                                                             Comment
                                               Services (COPS) Office, Department of                         technological collection techniques
                                               Justice.                                                      or other forms of information                   AGENCY: Employee Benefits Security
                                               ACTION: 30-Day notice.                                        technology, e.g., permitting                    Administration, Department of Labor.
                                                                                                             electronic submission of responses.             ACTION: Notice.
                                               SUMMARY:   The Department of Justice                       Overview of this information
                                               (DOJ), Community Oriented Policing                      collection:                                           SUMMARY:    The Department of Labor (the
                                               Services (COPS) Office, will be                            1. Type of Information Collection:                 Department), in accordance with the
                                               submitting the following information                    Revision of a currently approved                      Paperwork Reduction Act of 1995,
                                               collection request to the Office of                     collection, with change; comments                     provides the general public and Federal
                                               Management and Budget (OMB) for                         requested.                                            agencies with an opportunity to
                                               review and approval in accordance with                     2. The Title of the Form/Collection:               comment on proposed and continuing
                                               the Paperwork Reduction Act of 1995.                    COPS Extension Request Form.                          collections of information. This helps
                                               The proposed information collection                        3. The agency form number, if any,                 the Department assess the impact of its
                                               was previously published in the Federal                 and the applicable component of the                   information collection requirements and
                                               Register, on August 20, 2018, allowing                  Department sponsoring the collection:                 minimize the public’s reporting burden.
                                               for a 60-day comment period.                            None. U.S. Department of Justice,                     It also helps the public understand the
                                               DATES: Comments are encouraged and                      Community Oriented Policing Services                  Department’s information collection
                                               will be accepted for 30 days until                      (COPS) Office.                                        requirements and provide the requested
                                               November 23, 2018.                                         4. Affected public who will be asked               data in the desired format. The
                                               FOR FURTHER INFORMATION CONTACT: If                     or required to respond, as well as a brief            Employee Benefits Security
                                               you have additional comments                            abstract: Law enforcement agencies and                Administration (EBSA) is soliciting
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                                               especially on the estimated public                      other COPS grants recipients that have                comments on the proposed extension of
                                               burden or associated response time,                     grants expiring within 90 days of the                 the information collection requests
                                               suggestions, or need a copy of the                      date of the form/request. The extension               (ICRs) contained in the documents
                                               proposed information collection                         request form will allow recipients of                 described below. A copy of the ICRs
                                               instrument with instructions or                         COPS grants the opportunity to request                may be obtained by contacting the office
                                               additional information, please contact                  a ‘‘no-cost’’ time extension in order to              listed in the ADDRESSES section of this
                                               Lashon M. Hilliard, Policy Analyst,                     complete the federal funding period and               notice. ICRs also are available at


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                                                                            Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices                                         53501

                                               reginfo.gov (http://www.reginfo.gov/                    provide a research exception to the                      Type of Review: Extension of a
                                               public/do/PRAMain).                                     limitations on requesting or requiring                currently approved collection of
                                               DATES: Written comments must be                         genetic testing that allow a group health             information.
                                               submitted to the office shown in the                    plan or group health insurance issuer to                 OMB Number: 1210–0100.
                                               ADDRESSES section on or before                          request, but not require, a participant or               Affected Public: Businesses or other
                                               December 24, 2018.                                      beneficiary to undergo a genetic test if              for-profits.
                                                                                                       all of the following conditions of the                   Respondents: 1.
                                               ADDRESSES: G. Christopher Cosby,
                                                                                                       research exception are satisfied:                        Responses: 251.
                                               Department of Labor, Employee Benefits
                                                                                                          • The request must be made pursuant                   Estimated Total Burden Hours: 8.
                                               Security Administration, 200                                                                                     Estimated Total Burden Cost
                                                                                                       to research that complies with 45 CFR
                                               Constitution Avenue NW, Room N–                                                                               (Operating and Maintenance): $1,464.
                                                                                                       part 46 (or equivalent Federal
                                               5718, Washington, DC 20210, ebsa.opr@                                                                            Description: The regulation
                                                                                                       regulations) and any applicable State or
                                               dol.gov, (202) 693–8410, FAX (202)                                                                            concerning plan assets and participant
                                                                                                       local law or regulations for the
                                               219–4745 (these are not toll-free                                                                             contributions provides guidance for
                                                                                                       protection of human subjects in
                                               numbers).                                                                                                     fiduciaries, participants, and
                                                                                                       research. To comply with the informed
                                               SUPPLEMENTARY INFORMATION:       This                   consent requirements of 45 CFR 46.116                 beneficiaries of employee benefit plans
                                               notice requests public comment on the                   (a)(8), a participant must receive a                  regarding how participant contributions
                                               Department’s request for extension of                   disclosure that participation in the                  to pension plans must be handled when
                                               the Office of Management and Budget’s                   research is voluntary, refusal to                     they are either paid to the employer by
                                               (OMB) approval of ICRs contained in                     participate cannot involve any penalty                the participant or directly withheld by
                                               the rules and prohibited transaction                    or loss of benefits to which the                      the employer from the employee’s
                                               exemptions described below. The                         participant is otherwise entitled, and                wages for transmission to the pension
                                               Department is not proposing any                         the participant may discontinue                       plan. For those employers who may
                                               changes to the existing ICRs at this time.              participation at any time without                     have difficulty meeting the regulation’s
                                               An agency may not conduct or sponsor,                   penalty or loss of benefits to which the              deadlines for transmitting participant
                                               and a person is not required to respond                 participant is entitled (the Participant              contribution, the regulation (29 CFR
                                               to, an information collection unless it                 Disclosure). The interim final                        2510.3–102(d)) provides an opportunity
                                               displays a valid OMB control number. A                  regulations provide that when the                     for the employer to obtain an extension
                                               summary of the ICRs and the current                     Participant Disclosure is received by                 of the time limit by providing
                                               burden estimates follows:                               participants seeking their informed                   participants and the Department with a
                                                  Agency: Employee Benefits Security                   consent, no additional disclosures are                notice that contains specified
                                               Administration, Department of Labor.                    required for purposes of the GINA                     information. The ICR pertains to this
                                                  Title: Genetic Information                           research exception.                                   notice requirement. The Department
                                               Nondiscrimination Act of 2008 Research                     • The plan or issuer must make the                 previously requested review of this ICR
                                               Exception Notice.                                       request in writing and must clearly                   and obtained approval from OMB under
                                                  Type of Review: Extension of a                       indicate to each participant or                       OMB control number 1210–0100. That
                                               currently approved collection of                        beneficiary (or in the case of a minor                approval is scheduled to expire on
                                               information.                                            child, to the legal guardian of such                  February 28, 2019.
                                                  OMB Number: 1210–0136.                               beneficiary) to whom the request is                      Agency: Employee Benefits Security
                                                  Affected Public: Businesses or other                 made that compliance with the request                 Administration, Department of Labor.
                                               for-profits; Not-for-profit institutions.               is voluntary and noncompliance will                      Title: Disclosures for Participant-
                                                  Respondents: 3.                                      have no effect on eligibility for benefits            Directed Individual Account Plans.
                                                  Responses: 3.                                        or premium or contribution amounts.                      Type of Review: Extension of a
                                                  Estimated Total Burden Hours: 1.                        • None of the genetic information                  currently approved collection of
                                                  Estimated Total Burden Cost                          collected or acquired as a result of the              information.
                                               (Operating and Maintenance): $16.                       research may be used for underwriting                    OMB Number: 1210–0090.
                                                  Description: The Genetic Information                 purposes.                                                Affected Public: Businesses or other
                                               Nondiscrimination Act of 2008 (GINA),                      • The plan or issuer must complete a               for-profits.
                                               Public Law 110–233, was enacted on                      copy of the ‘‘Notice of Research                         Respondents: 518,282.
                                               May 21, 2008. Title I of GINA amended                   Exception under the Genetic                              Responses: 713,900,000.
                                               the Employee Retirement Income                          Information Nondiscrimination Act’’                      Estimated Total Burden Hours:
                                               Security Act of 1974 (ERISA), the Public                (the Notice) and provide it to the                    7,300,000.
                                               Health Service Act (PHS Act), the                       address specified in its instructions. The               Estimated Total Burden Cost
                                               Internal Revenue Code of 1986 (Code),                   Notice and instructions are available on              (Operating and Maintenance):
                                               and the Social Security Act (SSA) to                    the Department of Labor’s website                     $274,000,000.
                                               prohibit discrimination in health                       (http://www.dol.gov/ebsa).                               Description: Plan administrators are
                                               coverage based on genetic information.                     The Participant Disclosure and the                 required to provide plan- and
                                               Sections 101 through 103 of Title I of                  Notice are the ICRs contained in the                  investment-related fee and expense
                                               GINA prevent employment-based group                     interim final rules. The Department                   information to participants and
                                               health plans and health insurance                       previously requested review of this                   beneficiaries in all participant directed
                                               issuers in the group and individual                     information collection and obtained                   individual account plans (e.g., 401(k)
                                               markets from discriminating based on                                                                          plans) for plan years beginning on or
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                                                                                                       approval OMB under OMB control
                                               genetic information, and from collecting                number 1210–0136. The ICRs are                        after January 1, 2011. The Department
                                               such information. The interim final                     scheduled to expire on February 28,                   previously requested review of this
                                               regulations, which are codified at 29                   2019.                                                 information collection and obtained
                                               CFR 2590.702–1, only interpret Sections                    Agency: Employee Benefits Security                 approval from OMB under OMB control
                                               101 through 103 of Title I of GINA.                     Administration, Department of Labor.                  number 1210–0090. The ICR is
                                                  GINA and the interim final                              Title: Definition of Plan Assets—                  scheduled to expire on February 28,
                                               regulations (29 CFR 2590.702–1(c)(5))                   Participant Contributions.                            2019.


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                                               53502                        Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices

                                                  Agency: Employee Benefits Security                      Title: Prohibited Transaction Class                   Estimated Total Burden Hours: 200.
                                               Administration, Department of Labor.                    Exemption 97–41; Collective Investment                   Estimated Total Burden Cost
                                                  Title: Bank Collective Investment                    Funds Conversion Transactions.                        (Operating and Maintenance): $0.
                                               Funds; Prohibited Transaction Class                        Type of Review: Extension of a                        Description: PTE 94–20 permits the
                                               Exemption 1991–38.                                      currently approved collection of                      purchase and sale of foreign currencies
                                                  Type of Review: Extension of a                       information.                                          between an employee benefit plan and
                                               currently approved collection of                           OMB Number: 1210–0104.                             a bank, broker-dealer, or an affiliate
                                               information.                                               Affected Public: Businesses or other               thereof, that is a trustee, custodian,
                                                                                                       for-profits; Not-for-profit institutions.             fiduciary, or other party in interest with
                                                  OMB Number: 1210–0082.
                                                                                                          Respondents: 50.                                   respect to the plan. The exemption is
                                                  Affected Public: Businesses or other                    Responses: 105.                                    available provided that the transaction
                                               for-profits; Not-for-profit institutions.                  Estimated Total Burden Hours: 1,760.               is directed (within the meaning of
                                                  Respondents: 6,000.                                     Estimated Total Burden Cost                        section IV(e) of the exemption) by a plan
                                                  Responses: 6,000.                                    (Operating and Maintenance): $508,282.                fiduciary that is independent of the
                                                  Estimated Total Burden Hours: 1,000.                    Description: Prohibited Transaction                bank, broker-dealer, or affiliate and all
                                                  Estimated Total Burden Cost                          Exemption (PTE) 97–41 provides an                     other conditions of the exemption are
                                               (Operating and Maintenance): $0.                        exemption from the prohibited                         satisfied. Without this exemption,
                                                  Description: PTE 91–38 provides an                   transaction provisions of the                         certain aspects of these transactions
                                               exemption from the prohibited                           Employment Retirement Income                          might be prohibited by ERISA section
                                               transaction provisions of the Employee                  Security Act of 1974 (ERISA) and from                 406(a).
                                               Retirement Income Security Act of 1974                  certain taxes imposed by the Internal                    To protect the interests of participants
                                               (ERISA) for certain transactions between                Revenue Code of 1986. The exemption                   and beneficiaries of the employee
                                               a bank collective investment fund and                   permits employee benefit plans to                     benefit plan, the exemption requires
                                               persons who are parties in interest with                purchase shares of one or more open-                  that the party wishing to take advantage
                                               respect to an employee benefit plan.                    end investment companies (the funds)                  of the exemption (1) develop written
                                               Without the exemption, ERISA sections                   registered under the Investment                       policies and procedures applicable to
                                               406 and 407(a) and Internal Revenue                     Advisers Act of 1940 by transferring in-              trading in foreign currencies on behalf
                                               Code section 4975(c)(1) may prohibit                    kind, to the investment company, assets               of an employee benefit plan; (2) provide
                                               transactions between the collective                     of the plan that are part of a collective             a written confirmation with respect to
                                               investment fund (CIF) and a party in                    investment fund (CIF) maintained by a                 each transaction in foreign currency to
                                               interest to one or more of the employee                 bank or plan advisor that is both a                   the independent plan fiduciary,
                                               benefit plans participating in the                      fiduciary of the plan and an investment               disclosing specified information; and (3)
                                               collective investment fund.                             advisor to the investment company                     maintain records pertaining to the
                                                  Under PTE 91–38, a collective                        offering the fund.                                    transaction for a period of six years.
                                                                                                          The exemption requires that an                     This ICR relates to the foregoing
                                               investment fund generally may engage
                                                                                                       independent fiduciary receive advance                 disclosure and recordkeeping
                                               in transactions with parties in interest to
                                                                                                       written notice of any covered                         requirements.
                                               a plan that invests in the fund as long
                                                                                                       transaction, as well as specific written                 EBSA previously submitted the
                                               as the plan’s total investment in the
                                                                                                       information concerning the funds to be                information collection provisions of
                                               fund does not exceed a specified
                                                                                                       purchased. The independent fiduciary                  PTE 94–20 to OMB for review in
                                               percentage of the total assets of the
                                                                                                       must also provide written advance                     connection with promulgation of the
                                               fund. PTE 91–38 also contains more
                                                                                                       approval of conversion transactions and               prohibited transaction exemption. OMB
                                               limited or differently defined relief for
                                                                                                       receive written confirmation of each                  approved the ICR under OMB Control
                                               funds holding more than the specified
                                                                                                       transaction, as well as additional on-                No. 1210–0085. The ICR approval is
                                               percentage for multiemployer plans, and
                                                                                                       going disclosures as defined in PTE 97–               currently scheduled to expire on
                                               for transactions involving employer
                                                                                                       41. These disclosures are the basis for               February 28, 2019.
                                               securities and employer real property.
                                                                                                       this ICR.                                                Agency: Employee Benefits Security
                                               In order to ensure that the rights of
                                                                                                          EBSA previously submitted the                      Administration, Department of Labor.
                                               participants and beneficiaries are
                                                                                                       information collection provisions of                     Title: Affordable Care Act Internal
                                               protected, and that bank collective
                                                                                                       PTE 97–41 to OMB for review in                        Claims and Appeals and External
                                               investment funds can demonstrate
                                                                                                       connection with promulgation of the                   Review Procedures for Non-
                                               compliance with the terms of the
                                                                                                       prohibited transaction exemption. OMB                 Grandfathered Plans.
                                               exemption, the Department requires a
                                                                                                       approved the ICR under OMB Control                       Type of Review: Extension of a
                                               bank to maintain records regarding the
                                                                                                       No. 1210–0104. The ICR approval is                    currently approved collection of
                                               exempted transactions and make them
                                                                                                       currently scheduled to expire on                      information.
                                               available for inspection to specified
                                                                                                       February 28, 2019.                                       OMB Number: 1210–0144.
                                               interested persons (including the                          Agency: Employee Benefits Security                    Affected Public: Businesses or other
                                               Department and the Internal Revenue                     Administration, Department of Labor.                  for-profits; Not-for-profit institutions.
                                               Service) on request for a period of six                    Title: Foreign Currency Transactions;                 Respondents: 1,801,225.
                                               years.                                                  Prohibited Transaction Class Exemption                   Responses: 278,413.
                                                  EBSA previously submitted the                        1994–20.                                                 Estimated Total Burden Hours: 2,271.
                                               information collection provisions of                                                                             Estimated Total Burden Cost
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                                                                                                          Type of Review: Extension of a
                                               PTE 91–38 to OMB for review in an ICR                   currently approved collection of                      (Operating and Maintenance):
                                               that was approved under the OMB                         information.                                          $1,143,236.
                                               Control No. 1210–0082. The current                         OMB Number: 1210–0085.                                Description: The Patient Protection
                                               approval is scheduled to expire on                         Affected Public: Businesses or other               and Affordable Care Act, Public Law
                                               February 28, 2019.                                      for-profits; Not-for-profit institutions.             111–148, (the Affordable Care Act) was
                                                  Agency: Employee Benefits Security                      Respondents: 248.                                  enacted by President Obama on March
                                               Administration, Department of Labor.                       Responses: 1,240.                                  23, 2010. As part of the Act, Congress


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                                                                            Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices                                          53503

                                               added Public Health Service Act (PHS                    based on the number of employees at a                 regardless of whether the rescission is of
                                               Act) section 2719, which provides rules                 firm. The new rule is based on whether                group or individual coverage; or
                                               relating to internal claims and appeals                 a participant or beneficiary resides in a             whether, in the case of group coverage,
                                               and external review processes. The                      county where ten percent or more of the               the coverage is insured or self-insured,
                                               Department, in conjunction with the                     population residing in the county is                  or the rescission applies to an entire
                                               Departments of the Treasury and                         literate only in the same non-English                 group or only to an individual within
                                               Department of Health and Human                          language. The ICR was approved by                     the group. The ICR was approved by
                                               Services (collectively, the Departments),               OMB under OMB Control Number                          OMB under OMB Control Number
                                               issued interim final regulations on July                1210–0144 and is scheduled to expire                  1210–0141 and is scheduled to expire
                                               23, 2010 (75 FR 43330), which set forth                 on March 31, 2019.                                    on March 31, 2019.
                                               rules implementing PHS Act section                         Agency: Employee Benefits Security                    Agency: Employee Benefits Security
                                               2719 for internal claims and appeals                    Administration, Department of Labor.                  Administration, Department of Labor.
                                               and external review processes. With                        Title: Affordable Care Act Advance                    Title: Affordable Care Act
                                               respect to internal claims and appeals                  Notice of Rescission.                                 Grandfathered Health Plan Disclosure,
                                               processes for group health coverage,                       Type of Review: Extension of a                     Recordkeeping Requirement, and
                                               PHS Act section 2719 and paragraph                      currently approved collection of                      Change in Carrier Disclosure.
                                               (b)(2)(i) of the interim final regulations              information.                                             Type of Review: Extension of a
                                               provide that group health plans and                        OMB Number: 1210–0141.                             currently approved collection of
                                               health insurance issuers offering group                    Affected Public: Businesses or other               information.
                                               health insurance coverage must comply                   for-profits; Not-for-profit institutions.                OMB Number: 1210–0140.
                                               with the internal claims and appeals                       Respondents: 100.                                     Affected Public: Businesses or other
                                               processes set forth in 29 CFR 2560.503–                    Responses: 1,533.                                  for-profits; Not-for-profit institutions.
                                               1 (the DOL claims procedure regulation)                    Estimated Total Burden Hours: 20.                     Respondents: 983,923.
                                               and update such processes in                               Estimated Total Burden Cost                           Responses: 18,143,918.
                                               accordance with standards established                   (Operating and Maintenance): $250.                       Estimated Total Burden Hours: 2,220.
                                               by the Secretary of Labor in paragraph                     Description: Section 2712 of the PHS                  Estimated Total Burden Cost
                                               (b)(2)(ii) of the regulations.                          Act, as added by the Affordable Care                  (Operating and Maintenance): $366,791.
                                                  Also, PHS Act section 2719 and the                   Act, and the Department’s interim final                  Description: Section 1251 of the
                                               interim final regulations provide that                  regulation (26 CFR 54.9815–2712, 29                   Patient Protection and Affordable Care
                                               group health plans and issuers offering                 CFR 2590.715–2712, 45 CFR 147.2712)                   Act provides that certain plans and
                                               group health insurance coverage must                    provides rules regarding rescissions of               health insurance coverage in existence
                                               comply either with a State external                     health coverage for group health plans                as of March 23, 2010, known as
                                               review process or a Federal review                      and health insurance issuers offering                 grandfathered health plans, are not
                                               process. The regulations provide a basis                group or individual health insurance                  required to comply with certain
                                               for determining when plans and issuers                  coverage. Under the statute and the                   statutory provisions in the Act. To
                                               must comply with an applicable State                    interim final regulations, a group health             maintain its status as a grandfathered
                                               external review process and when they                   plan, or a health insurance issuer                    health plan, the interim final regulations
                                               must comply with the Federal external                   offering group or individual health                   (29 CFR 2590.715–1251(a)(3)) require
                                               review process.                                         insurance coverage, generally must not                the plan to maintain records
                                                  The claims procedure regulation                      rescind coverage except in the case of                documenting the terms of the plan in
                                               imposes information collection                          fraud or an intentional                               effect on March 23, 2010, and any other
                                               requirements as part of the reasonable                  misrepresentation of a material fact.                 documents that are necessary to verify,
                                               procedures that an employee benefit                     This standard applies to all rescissions,             explain or clarify status as a
                                               plan must establish regarding the                       whether in the group or individual                    grandfathered health plan. The plan
                                               handling of a benefit claim. These                      insurance market, or self-insured                     must make such records available for
                                               requirements include third-party notice                 coverage. The rules also apply                        examination upon request by
                                               and disclosure requirements that the                    regardless of any contestability period of            participants, beneficiaries, individual
                                               plan must satisfy by providing                          the plan or issuer.                                   policy subscribers, or a State or Federal
                                               information to participants and                            PHS Act section 2712 adds a new                    agency official.
                                               beneficiaries of the plan.                              advance notice requirement when                          The interim final regulations (29 CFR
                                                  On June 24, 2011, the Department                     coverage is rescinded where still                     2590.715–1251(a)(2)) also require a
                                               amended the interim final regulations.                  permissible. Specifically, the second                 grandfathered health plan to include a
                                               Two amendments revised the ICR. The                     sentence in section 2712 provides that                statement in any plan material provided
                                               first amendment provides that plans no                  coverage may not be cancelled unless                  to participants or beneficiaries
                                               longer are required to include diagnosis                prior notice is provided, and then only               describing the benefits provided under
                                               and treatment codes on notices of                       as permitted under PHS Act sections                   the plan or health insurance coverage,
                                               adverse benefit determination and final                 2702(c) and 2742(b). Under the interim                that the plan or coverage believes it is
                                               internal adverse benefit determination.                 final regulations, even if prior notice is            a grandfathered health plan within the
                                               Instead, they must notify claimants of                  provided, rescission is only permitted in             meaning of section 1251 of the Act, that
                                               the opportunity to receive the codes on                 cases of fraud or an intentional                      being a grandfathered health plan means
                                               request and plans and issuers must                      misrepresentation of a material fact as               that the plan does not include certain
                                                                                                       permitted under the cited provisions.                 consumer protections of the Act, and
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                                               provide the codes upon request.
                                                  The second amendment also changes                       The interim final regulations provide              providing contact information for
                                               the method plans and issuers must use                   that a group health plan, or a health                 participants to direct questions
                                               to determine who is eligible to receive                 insurance issuer offering group health                regarding which protections apply and
                                               a notice in a culturally and                            insurance coverage, must provide at                   which protections do not apply to a
                                               linguistically appropriate manner, and                  least 30 days advance notice to an                    grandfathered health plan and what
                                               the information that must be provided                   individual before coverage may be                     might cause a plan to change from
                                               to such persons. The previous rule was                  rescinded. The notice must be provided                grandfathered health plan status and to


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                                               53504                        Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices

                                               file complaints. The ICR contained in                      Title: Employee Retirement Income                  of stakeholders, to ‘‘develop standards
                                               this interim final rule was approved by                 Security Act Summary Annual Report                    for use by a group health plan and a
                                               OMB under OMB Control Number                            Requirement.                                          health insurance issuer in compiling
                                               1210–0140, which is currently                              Type of Review: Extension of a                     and providing to applicants, enrollees,
                                               scheduled to expire on March 31, 2019.                  currently approved collection of                      and policyholders and certificate
                                                  Agency: Employee Benefits Security                   information.                                          holders a summary of benefits and
                                               Administration, Department of Labor.                       OMB Number: 1210–0040.                             coverage explanation that accurately
                                                  Title: Patient Protection and                           Affected Public: Not-for-profit                    describes the benefits and coverage
                                               Affordable Care Act Patient Protection                  institutions, Businesses or other for-                under the applicable plan or coverage.’’
                                               Notice.                                                 profits.                                              To implement these disclosure
                                                                                                          Respondents: 721,000.                              requirements, collection of information
                                                  Type of Review: Extension of a                          Responses: 168,200,000.
                                               currently approved collection of                                                                              requests relate to the provision of the
                                                                                                          Estimated Total Burden Hours:                      following: Summary of benefits and
                                               information.                                            2,300,000.
                                                  OMB Number: 1210–0142.                                                                                     coverage, which includes coverage
                                                                                                          Estimated Total Burden Cost                        examples; a uniform glossary of health
                                                  Affected Public: Businesses or other                 (Operating and Maintenance):                          coverage and medical terms; and a
                                               for-profits; Not-for-profit institutions.               $62,500,000.                                          notice of modifications. The ICR was
                                                  Respondents: 41,386.                                    Description: ERISA Section 104(b)(3)               approved by OMB under OMB Control
                                                  Responses: 693,007.                                  and the regulation published at 29 CFR                Number 1210–0147 and is scheduled to
                                                  Estimated Total Burden Hours: 5,173.                 2520.104b–10 require, with certain                    expire on April 30, 2019.
                                                  Estimated Total Burden Cost                          exceptions, that administrators of                       Agency: Employee Benefits Security
                                               (Operating and Maintenance): $5,371.                    employee benefit plans furnish annually               Administration, Department of Labor.
                                                                                                       to each participant and certain                          Title: Annual Report for Multiple
                                                  Description: Section 2719A of the
                                                                                                       beneficiaries a summary annual report                 Employer Welfare Arrangements (Form
                                               PHS Act, as added by the Affordable
                                                                                                       (SAR) meeting the requirements of the                 M–1).
                                               Care Act, and the Department’s interim
                                                                                                       statute and regulation. The regulation                   Type of Review: Extension of a
                                               final regulation (29 CFR 2590.715–
                                                                                                       prescribes the content and format of the              currently approved collection of
                                               2719A), states that if a group health
                                                                                                       SAR and the timing of its delivery. The               information.
                                               plan, or a health insurance issuer
                                                                                                       SAR provides current information about                   OMB Number: 1210–0116.
                                               offering group or individual health
                                                                                                       the plan and assists those who receive                   Affected Public: Businesses or other
                                               insurance coverage, requires or provides
                                                                                                       it in understanding the plan’s current                for-profits, not-for-profit institutions.
                                               for designation by a participant,                                                                                Respondents: 456.
                                                                                                       financial operation and condition. It
                                               beneficiary, or enrollee of a                                                                                    Responses: 456.
                                                                                                       also explains participants’ and
                                               participating primary care provider,                                                                             Estimated Total Burden Hours: 97.
                                                                                                       beneficiaries’ rights to receive further
                                               then the plan or issuer must permit each                                                                         Estimated Total Burden Cost
                                                                                                       information on these issues.
                                               participant, beneficiary, or enrollee to                                                                      (Operating and Maintenance): $81,900.
                                                                                                          EBSA previously submitted the ICR
                                               designate any participating primary care                                                                         Description: The Health Insurance
                                                                                                       provisions in the regulation at 29 CFR
                                               provider who is available to accept the                                                                       Portability and Accountability Act of
                                                                                                       2520.104b–10 to OMB, and OMB
                                               participant, beneficiary, or enrollee.                                                                        1996 (HIPAA), codified as Part 7 of Title
                                                                                                       approved the ICR under OMB Control
                                               When applicable, it is important that                                                                         I of the Employee Retirement Security
                                                                                                       No. 1210–0040. The ICR approval is
                                               individuals enrolled in a plan or health                                                                      Act of 1974 (ERISA), was enacted to
                                                                                                       scheduled to expire on April 30, 2019.
                                               insurance coverage know of their rights                                                                       improve the portability and continuity
                                                                                                          Agency: Employee Benefits Security
                                               to (1) choose a primary care provider or                                                                      of health care coverage for participants
                                                                                                       Administration, Department of Labor.
                                               a pediatrician when a plan or issuer                       Title: Summary of Benefits and                     and beneficiaries of group health plans.
                                               requires participants or subscribers to                 Coverage and Uniform Glossary                         In the interest of assuring compliance
                                               designate a primary care physician; or                  Required Under the Affordable Care                    with Part 7, section ERISA 101(g), added
                                               (2) obtain obstetrical or gynecological                 Act.                                                  by HIPAA, further permits the Secretary
                                               care without prior authorization.                          Type of Review: Extension of a                     of Labor (the Secretary) to require
                                               Accordingly, paragraph (a)(4) of the                    currently approved collection of                      multiple employer welfare arrangements
                                               interim final regulations requires such                 information.                                          (MEWAs), as defined in ERISA section
                                               plans and issuers to provide a notice to                   OMB Number: 1210–0147.                             3(40), to report to the Secretary in such
                                               participants (in the individual market,                    Affected Public: Businesses or other               form and manner as the Secretary might
                                               primary subscribers) of these rights                    for-profits; Not-for-profit institutions.             determine. The Department published a
                                               when applicable. Model language is                         Respondents: 4,644,924.                            final rule providing for such reporting
                                               provided in the interim final                              Responses: 71,252,236.                             on an annual basis, together with a form
                                               regulations. The notice must be                            Estimated Total Burden Hours:                      (Form M–1) to be used by MEWAs for
                                               provided whenever the plan or issuer                    431,552.                                              the annual report. The reporting
                                               provides a participant with a summary                      Estimated Total Burden Cost                        requirement enables the Secretary to
                                               plan description or other similar                       (Operating and Maintenance):                          determine whether the requirements of
                                               description of benefits under the plan or               $9,273,266.                                           Part 7 of ERISA are being carried out.
                                               health insurance coverage, or in the                       Description: Section 2715 of the PHS                  The Patient Protection and Affordable
                                               individual market, provides a primary                   Act directs the Department of Health                  Care Act (Pub. L. 111–148, 124 Stat.
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                                               subscriber with a policy, certificate, or               and Human Services (HHS), the                         119) and the Health Care and Education
                                               contract of health insurance. The ICR                   Department of Labor (DOL), and the                    Reconciliation Act of 2010 (Pub. L. 111–
                                               was approved by OMB under OMB                           Department of the Treasury                            152, 124 Stat. 1029) (these are
                                               Control Number 1210–0142 and is                         (collectively, the Departments), in                   collectively known as the ‘‘Affordable
                                               scheduled to expire on March 31, 2019.                  consultation with the National                        Care Act’’) amended ERISA section
                                                  Agency: Employee Benefits Security                   Association of Insurance Commissioners                101(g). Under this amendment, MEWAs
                                               Administration, Department of Labor.                    (NAIC) and a working group comprised                  providing benefits consisting of medical


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                                                                            Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices                                          53505

                                               care (within the meaning of ERISA                       exemptions cover transactions that were                  Title: Multiple Employer Welfare
                                               section 733(a)(2) that are not group                    recognized by the Department as being                 Arrangement Administrative Law Judge
                                               health plans must now register with the                 well-established, reasonable, and                     Administrative Hearing Procedures.
                                               Secretary prior to operating in a State.                customary transactions in which                          Type of Review: Extension of a
                                               EBSA previously submitted an ICR for                    collectively bargained multiple                       currently approved collection of
                                               the information collection in Form M–                   employer plans (principally,                          information.
                                               1 to OMB for review under the PRA and                   multiemployer plans, but also including                  OMB Number: 1210–0148.
                                               received approval under OMB control                     other collectively bargained multiple                    Affected Public: Businesses or other
                                               number 1210–0116. This current                          employer plans) frequently engage in                  for-profits.
                                               approval is scheduled to expire on June                 order to carry out their purposes.                       Respondents: 10.
                                               30, 2019.                                                  PTE 76–1 provides relief, under                       Responses: 10.
                                                  Agency: Employee Benefits Security                   specified conditions, for three types of                 Estimated Total Burden Hours: 20.
                                               Administration, Department of Labor.                    transactions: (1) Part A of PTE 76–1                     Estimated Total Burden Cost
                                                  Title: Notice of Special Enrollment                  permits collectively bargained multiple               (Operating and Maintenance): $595,700.
                                               Rights Under Group Health Plans.                                                                                 Description: Congress enacted section
                                                                                                       employer plans to take several types of
                                                  Type of Review: Extension of a                                                                             6605 of the Affordable Care Act, Public
                                                                                                       actions regarding delinquent or
                                               currently approved collection of                                                                              Law 111–148, 124 Stat. 119, 780 (2010),
                                                                                                       uncollectible employer contributions;
                                               information.                                                                                                  which adds section 521 to ERISA, to
                                                                                                       (2) Part B of PTE 76–1 permits
                                                  OMB Number: 1210–0101.                                                                                     provide the Secretary with additional
                                                                                                       collectively bargained multiple
                                                  Affected Public Businesses or other                                                                        enforcement authority to protect plan
                                                                                                       employer plans, under specified
                                               for-profits, not-for-profit institutions.                                                                     participants, beneficiaries, employees or
                                                                                                       conditions, to make construction loans
                                                  Respondents: 2,300,000.                                                                                    employee organizations, or other
                                                                                                       to participating employers; and (3) Part
                                                  Responses: 8,600,000.                                                                                      members of the public against
                                                                                                       C of PTE 76–1 permits collectively
                                                  Estimated Total Burden Hours: 1.                                                                           fraudulent, abusive, or financially
                                                                                                       bargained multiple employer plans to
                                                  Estimated Total Burden Cost                                                                                hazardous Multiple Employer Welfare
                                                                                                       share office space and administrative
                                               (Operating and Maintenance): $75,000.                                                                         Arrangements (MEWAs). This section
                                                                                                       services, and the costs associated with
                                                  Description: Subsection (c) of 29 CFR                                                                      authorizes the Secretary to issue ex
                                                                                                       such office space and services, with
                                               2590.701–6 requires group health plans                                                                        parte cease and desist orders when it
                                                                                                       parties in interest. PTE 77–10
                                               to provide a notice describing the plan’s                                                                     appears to the Secretary that the alleged
                                                                                                       complements Part C of PTE 76–1 by
                                               special enrollment rules to each                                                                              conduct of a MEWA is ‘‘fraudulent, or
                                                                                                       providing relief from the prohibitions of
                                               employee who is offered an initial                                                                            creates an immediate danger to the
                                                                                                       ERISA section 406(b)(2) with respect to
                                               opportunity to enroll in the group                                                                            public safety or welfare, or is causing or
                                                                                                       collectively bargained multiple
                                               health plan. The special enrollment                                                                           can be reasonably expected to cause
                                                                                                       employer plans sharing office space and
                                               rules described in the notice of special                                                                      significant, imminent, and irreparable
                                                                                                       administrative services with parties in
                                               enrollment generally provide                                                                                  public injury.’’ A person that is
                                                                                                       interest if specific conditions are met.
                                               enrollment rights to employees and                                                                            adversely affected by the issuance of a
                                                                                                       PTE 78–6 provides an exemption to
                                               their dependents in specified                                                                                 cease and desist order may request an
                                                                                                       collectively bargained multiple
                                               circumstances occurring after the                                                                             administrative hearing regarding the
                                                                                                       employer apprenticeship plans for the
                                               employee or dependent initially                                                                               order. This request for an administrative
                                                                                                       purchase or leasing of personal property
                                               declines to enroll in the plan. EBSA                                                                          hearing is an information collection
                                                                                                       from a contributing employer (or its
                                               previously submitted an ICR concerning                                                                        under the Paperwork Reduction Act.
                                                                                                       wholly owned subsidiary) and for the
                                               the notice of special enrollment to OMB                                                                          The Department previously submitted
                                                                                                       leasing of real property (other than
                                               for review under the PRA and received                                                                         this information collection to OMB in
                                                                                                       office space within the contemplation of
                                               approval under OMB Control No. 1210–                                                                          an ICR that was approved under OMB
                                                                                                       ERISA section 408(b)(2)) from a
                                               0101. The current ICR approval is                                                                             Control Number 1210–0148. The current
                                                                                                       contributing employer (or its wholly
                                               scheduled to expire on June 30, 2019.                                                                         approval is scheduled to expire on June
                                                                                                       owned subsidiary) or an employee
                                                  Agency: Employee Benefits Security                                                                         30, 2019.
                                                                                                       organization any of whose members’
                                               Administration, Department of Labor.
                                                                                                       work results in contributions being                   II. Focus of Comments
                                                  Title: Prohibited Transaction Class
                                                                                                       made to the plan.                                        The Department is particularly
                                               Exemptions for Multiple Employer
                                               Plans and Multiple Employer                                Each of these PTEs requires, as part of            interested in comments that:
                                               Apprenticeship Plans, PTE 76–1, PTE                     its conditions, either written                           • Evaluate whether the collections of
                                               77–10, PTE 78–6.                                        agreements, recordkeeping, or both. The               information are necessary for the proper
                                                  Type of Review: Extension of a                       Department has combined the                           performance of the functions of the
                                               currently approved collection of                        information collection provisions of the              agency, including whether the
                                               information.                                            three PTEs into one ICR because it                    information will have practical utility;
                                                  OMB Number: 1210–0058.                               believes that the public benefits from                   • Evaluate the accuracy of the
                                                  Affected Public Businesses or other                  having the opportunity to collectively                agency’s estimate of the collections of
                                               for-profits, not-for-profit institutions.               review these closely related exemptions               information, including the validity of
                                                  Respondents: 3,625.                                  and their similar information                         the methodology and assumptions used;
                                                  Responses: 3,625.                                    collections. The Department previously                   • Enhance the quality, utility, and
                                                                                                       submitted an ICR to OMB for approval                  clarity of the information to be
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                                                  Estimated Total Burden Hours: 906.
                                                  Estimated Total Burden Cost                          of the information collections in PTEs                collected; and
                                               (Operating and Maintenance): $0.                        76–1, 77–10, and 78–6 and received                       • Minimize the burden of the
                                                  Description: This ICR covers                         OMB approval under OMB Control No.                    collection of information on those who
                                               information collections contained in                    1210–0058. The current approval is                    are to respond, including through the
                                               three related prohibited transaction                    scheduled to expire on June 30, 2019.                 use of appropriate automated,
                                               class exemptions: PTE 76–1, PTE 77–10,                     Agency: Employee Benefits Security                 electronic, mechanical, or other
                                               and PTE 78–6. All three of these                        Administration, Department of Labor.                  technological collection techniques or


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                                               53506                        Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices

                                               other forms of information technology,                  VETS Ivan Denton, Director, National                  (TTY number is (877) 889–5627).
                                               e.g., by permitting electronic                           Programs                                             OSHA’s Docket Office accepts deliveries
                                               submissions of responses.                               WHD Patrice Torres, Assistant                         (hand deliveries, express mail, and
                                                 Comments submitted in response to                      Administrator, Office of                             messenger/courier service) from 10 a.m.
                                               this notice will be summarized and/or                    Administration                                       to 3 p.m. ET.
                                               included in the ICRs for OMB approval                   FOR FURTHER INFORMATION CONTACT:  Ms.                 FOR FURTHER INFORMATION CONTACT: For
                                               of the extension of the information                     Lucy Cunningham, Director, Office of                  press inquiries: Mr. Francis Meilinger,
                                               collection; they will also become a                     Executive Resources, Room N2453, U.S.                 Director, OSHA Office of
                                               matter of public record.                                Department of Labor, Frances Perkins                  Communications, U.S. Department of
                                                 Dated: October 17, 2018.                              Building, 200 Constitution Ave. NW,                   Labor; telephone: (202) 693–1999 (TTY
                                               Joseph S. Piacentini,                                   Washington, DC 20210, telephone: (202)                877–889–5627); email:
                                               Director, Office of Policy and Research,                693–6624.                                             meilinger.francis2@dol.gov.
                                               Employee Benefits Security Administration.                Signed at Washington, DC, on the 17th day
                                                                                                                                                               For general information: Ms. Michelle
                                               [FR Doc. 2018–23079 Filed 10–22–18; 8:45 am]            of October, 2018.                                     Walker, Director, OSHA Technical Data
                                               BILLING CODE 4510–29–P                                  Bryan Slater,
                                                                                                                                                             Center, Directorate of Technical Support
                                                                                                                                                             and Emergency Management; telephone:
                                                                                                       Assistant Secretary for Administration, And
                                                                                                       Management.
                                                                                                                                                             (202) 693–2350 (TTY 877–889–5627);
                                               DEPARTMENT OF LABOR                                                                                           email: walker.michelle@dol.gov.
                                                                                                       [FR Doc. 2018–23062 Filed 10–22–18; 8:45 am]
                                                                                                                                                             SUPPLEMENTARY INFORMATION: The
                                                                                                       BILLING CODE 4510–04–P
                                               Office of the Assistant Secretary for                                                                         Secretary of Labor (Secretary) invites
                                               Administration and Management;                                                                                interested individuals to submit
                                               Senior Executive Service; Appointment                   DEPARTMENT OF LABOR                                   nominations for membership on
                                               of Members to the Performance                                                                                 NACOSH.
                                               Review Board                                            Occupational Safety and Health                          The Occupational Safety and Health
                                                 Title 5 U.S.C. 4314(c)(4) provides that               Administration                                        Act of 1970 (OSH Act) (29 U.S.C. 651,
                                               Notice of the Appointment of the                                                                              656) established NACOSH to advise,
                                                                                                       [Docket No. OSHA–2018–0007]
                                               individual to serve as a member of the                                                                        consult with, and make
                                               Performance Review Board of the Senior                  National Advisory Committee on                        recommendations to the Secretary and
                                               Executive Service shall be published in                 Occupational Safety and Health                        the Secretary of Health and Human
                                               the Federal Register.                                   (NACOSH); Request for Nominations                     Services (HHS Secretary) on matters
                                                 The following individuals are hereby                                                                        relating to the administration of the
                                                                                                       AGENCY:  Occupational Safety and Health               OSH Act. NACOSH is a continuing
                                               appointed to serve on the Department’s
                                                                                                       Administration (OSHA), Labor.                         advisory committee of indefinite
                                               Performance Review Board:
                                                                                                       ACTION: Request for nominations to                    duration.
                                               Permanent Membership                                    serve on NACOSH.                                        NACOSH operates in accordance with
                                               Chair—Deputy Secretary                                                                                        the Federal Advisory Committee Act
                                                                                                       SUMMARY:   The Secretary of Labor                     (FACA) (5 U.S.C. App. 2), implementing
                                               Vice-Chair—Assistant Secretary for
                                                                                                       requests nominations for membership                   regulations (41 CFR part 102–3), the
                                                 Administration and Management
                                                                                                       on NACOSH.                                            OSH Act, and OSHA’s regulations on
                                               Alternate Vice-Chair—Chief Human
                                                 Capital Officer                                       DATES: Nominations for NACOSH                         NACOSH (29 CFR part 1912a).
                                                                                                       membership must be submitted                            NACOSH is comprised of 12
                                               Rotating Membership—Appointments                        (postmarked, sent or received) by                     members, all of whom the Secretary
                                               Expire on 09/30/21                                      December 24, 2018.                                    appoints. The terms of six NACOSH
                                               BLS Nancy Ruiz De Gamboa, Associate                     ADDRESSES: You may submit                             members expired on December 31, 2017,
                                                 Commissioner for Administration                       nominations for NACOSH, which must                    and the remaining six NACOSH
                                               EBSA Amy Turner, Director, Health                       include the docket number for this                    members’ terms expire on December 31,
                                                 Plan Standards and Compliance                         Federal Register notice (Docket No.                   2018. OSHA invites nominations for all
                                                 Assistance                                            OSHA–2018–0007), by one of the                        of the NACOSH positions:
                                               ETA Thomas Dowd, Deputy Assistant                       following methods:                                      • Four (4) public representatives;
                                                 Secretary                                               Electronically: You may submit                        • Two (2) management
                                               ETA Nicholas Lalpuis, Regional                          nominations, including attachments,                   representative;
                                                 Administrator, Dallas                                 electronically at http://                               • Two (2) labor representative;
                                               ILAB Martha Newton, Deputy                              www.regulations.gov, which is the                       • Two (2) occupational safety
                                                 Undersecretary for International Labor                Federal eRulemaking Portal. Follow the                professional representatives; and
                                                 Affairs                                               online instructions for making                          • Two (2) occupational health
                                               MSHA Patricia Silvey, Deputy                            submissions.                                          professional representatives.
                                                 Assistant Secretary                                     Facsimile: If your nomination,                        Pursuant to 29 CFR 1912a.2, the HHS
                                               OASAM Geoffrey Kenyon, Director,                        including attachments, does not exceed                Secretary designates both of the
                                                 Departmental Budget Center                            10 pages, you may fax it to the OSHA                  occupational health professional
                                               OLMS Stephen Willertz, Director,                        Docket Office at (202) 693–1648.                      representatives and two of the four
                                                                                                         Regular mail, express delivery, hand                public representatives for the
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                                                 Office of Enforcement and
                                                 International Union Audits                            delivery, messenger/courier service                   Secretary’s consideration and
                                               OSHA Galen Blanton, Regional                            (hard copy): You may submit your                      appointment. OSHA will provide to
                                                 Administrator, Boston                                 materials to the OSHA Docket Office,                  HHS all nominations and supporting
                                               OSHA Loren Sweatt, Deputy Assistant                     Docket No. OSHA–2018–0007, Room N–                    materials for the membership categories
                                                 Secretary                                             3653, U.S. Department of Labor, 200                   the HHS Secretary designates.
                                               SOL Kate O’Scannlain, Solicitor of                      Constitution Avenue NW, Washington,                     NACOSH members serve staggered
                                                 Labor                                                 DC 20210; telephone (202) 693–2350                    terms, unless the member becomes


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Document Created: 2018-10-23 04:14:28
Document Modified: 2018-10-23 04:14:28
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.
DatesWritten comments must be submitted to the office shown in the
FR Citation83 FR 53500 

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