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###### Department of Labor

###### Office of the Secretary

# ACTION:

Notice.

# SUMMARY:

                        The Department of Labor (DOL) hereby announces submission of                               ( print page 81663)                            the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, “Affordable Care Act Patient Protection Notice,” to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).                    

# DATES:

Submit comments on or before January 27, 2011.

# 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 from the                         *RegInfo.gov*                         Web site,                         *http://www.reginfo.gov/​public/​do/​PRAMain*                         or by contacting Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or sending an e-mail to                         *DOL_PRA_PUBLIC@dol.gov.*

                        Submit comments about this request to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Department of Labor, Employee Benefits Security Administration (EBSA), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-6929/Fax: 202-395-6881 (these are not toll-free numbers), e-mail:                         *OIRA_submission@omb.eop.gov.*

# FOR FURTHER INFORMATION:

                         Contact Michel Smyth by telephone at 202-693-4129 (this is not a toll-free number) or by e-mail at                         *DOL_PRA_PUBLIC@dol.gov.*

# SUPPLEMENTARY INFORMATION:

The Patient Protection Notice is used by health plan sponsors and issuers to notify certain individuals of their right 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.

                    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 currently 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 if the collection of information does not display a currently valid OMB control number.                     *See*5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under OMB Control Number 1210-0142. The current OMB approval is scheduled to expire on December 31, 2010; however, it should be noted that information collections submitted to the OMB receive a month-to-month extension while they undergo review. For additional information, see the related notice published in the                     **Federal Register**                     on September 30, 2010 (74 FR 60482).                

                    Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the                     **ADDRESSES**                     section within 30 days of publication of this notice in the                     **Federal Register**                    . In order to ensure the appropriate consideration, comments should reference OMB Control Number 1210-0142. 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:*                     Employee Benefits Security Administration (EBSA).                

*Title of Collection:*                     Affordable Care Act Patient Protection Notice.                

*OMB Control Number:*                     1210-0142.                

*Affected Public:*                     Business or other for-profits; Not-for-profit institutions.                

*Total Estimated Number of Respondents:*                     261,680.                

*Total Estimated Number of Responses:*                     6,186,404.                

*Total Estimated Annual Burden Hours:*                     33,000.                

*Total Estimated Annual Costs Burden:*                     $48,000.                

Dated: December 20, 2010.

Michel Smyth,

Departmental Clearance Officer.

[FR Doc. 2010-32500 Filed 12-27-10; 8:45 am]

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