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[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Notices]
[Pages 71667-71668]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28557]

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DEPARTMENT OF LABOR

Office of the Secretary

Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Affordable Care Act Grandfathered Health Plan 
Disclosure, Recordkeeping Requirement, and Change in Carrier Disclosure

ACTION: Notice.

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SUMMARY: On November 29, 2013, the Department of Labor (DOL) will 
submit the Employee Benefits Security Administration (EBSA) sponsored 
information collection request (ICR) titled, ``Affordable Care Act 
Grandfathered Health Plan Disclosure, Recordkeeping Requirement, and 
Change in Carrier Disclosure,'' to the Office of Management and Budget 
(OMB) for review and approval for continued use, without change, in 
accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 
3501 et seq.

DATES: Submit comments on or before January 2, 2014.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained free of charge 
from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201309-1210-003 (this link will only become active 
on November 30, 2013) or by contacting Michel Smyth by telephone at 
202-693-4129 (this is not a toll-free number) or sending an email to 
DOL_PRA_PUBLIC@dol.gov.
    Submit comments about this request by mail or courier to the Office 
of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
EBSA, Office of Management and Budget, Room 10235, 725 17th Street NW., 
Washington, DC 20503; by Fax: 202-395-6881 (this is not a toll-free 
number); or by email: OIRA_submission@omb.eop.gov. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor-OASAM, Office of the 
Chief Information Officer, Attn: Information Policy and Assessment 
Program, Room N1301, 200 Constitution Avenue NW., Washington, DC 20210; 
or by email: DOL_PRA_PUBLIC@dol.gov.

FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at 
202-693-4129 (this is not a toll-free number) or by email at DOL_PRA_PUBLIC@dol.gov.

    Authority: 44 U.S.C. 3507(a)(1)(D).

SUPPLEMENTARY INFORMATION: The Patient Protection and Affordable Care 
Act (ACA), Public Law 111-148, section 1251 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 
ACA provisions. Regulations 29 CFR 2590.715-1251(a)(2), implementing 
the ACA grandfathered plan provision, requires a grandfathered health 
plan to include a statement in any plan material provided to 
participants or beneficiaries stating the plan's intent to be a

[[Page 71668]]

grandfathered health plan within the meaning of ACA section1251.
    To maintain its status as a grandfathered health plan, regulations 
29 CFR 2590.715-1251(a)(3) requires the plan or issuer to maintain 
records documenting the terms of the plan or health insurance coverage 
in effect on March 23, 2010, and any other documents that are necessary 
to verify, explain, or clarify grandfathered health plan status. The 
plan or issuer must make such records available for examination upon 
request by participants, beneficiaries, individual policy subscribers, 
or a State or Federal agency official.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by the OMB under the PRA and displays 
a currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6. The DOL obtains OMB approval for this information collection 
under Control Number 1210-0140.
    The current approval for this collection is scheduled to expire on 
November 30, 2013. The DOL seeks to extend PRA authorization for this 
information collection for three (3) more years, without any change to 
existing requirements. The DOL notes that existing information 
collection requirements submitted to the OMB receive a month-to-month 
extension while they undergo review. For additional substantive 
information about this ICR, see the related notice published in the 
Federal Register on May 22, 2013, (78 FR 30333).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section by January 2, 2014. In order to help ensure 
appropriate consideration, comments should mention OMB Control Number 
1210-0140. The OMB is particularly interested in comments that:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    Agency: DOL-EBSA.
    Title of Collection: Affordable Care Act Grandfathered Health Plan 
Disclosure, Recordkeeping Requirement, and Change in Carrier 
Disclosure.
    OMB Control Number: 1210-0140.
    Affected Public: Private Sector--businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Responses: 56,457,000.
    Total Estimated Annual Burden Hours: 1,077,800.
    Total Estimated Annual Other Costs Burden: $561,000.

    Dated: November 22, 2013.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2013-28557 Filed 11-27-13; 8:45 am]
BILLING CODE 4510-29-P
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