49024 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Proposed Extension of Information 

Collection; Request for Public 

Comment; Notice of Pre-Existing 

Condition Exclusion 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(Department), as part of its continuing 

effort to reduce paperwork and 

respondent burden, conducts a 

preclearance consultation program to 

provide the general public and Federal 

agencies with an opportunity to 

comment on proposed and continuing 

collections of information in accordance 

with the Paperwork Reduction Act of 

1995 (PRA) (44 U.S.C. 3506(c)(2)((A)). 

This program helps to ensure that the 

data the Department gathers can be 

provided in the desired format, that the 

reporting burden on the public (time 

and financial resources) is minimized, 

that the public understands the 

Department’s collection instruments, 

and that the Department can accurately 

assess the impact of collection 

requirements on respondents. 

Currently, the Employee Benefits 

Security Administration (EBSA) is 

soliciting comments concerning the 

extension of currently approved 

collections of information arising from 

the Department’s regulation at 29 CFR 

2590.701–3, which requires group 

health plans and insurance issuers to 

provide certain notices regarding the 

pre-existing condition exclusions 

imposed under such plans to all 

participants under the plan and to 

specific individuals affected by the preexisting condition exclusions. A copy of 

the information collection request (ICR) 

can be obtained by contacting the office 

shown in the ADDRESSES section of this 

notice. 

DATES: Written comments must be 

submitted to the office shown in the 

ADDRESSES section of this notice on or 

before November 24, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

regarding the information collection 

request and burden estimates to G. 

Christopher Cosby, Office of Policy and 

Research, Employee Benefits Security 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Room N–5718, Washington, DC 20210, 

(202) 693–8410, FAX (202) 219–4745 

(these are not toll-free numbers). 

Comments may also be submitted 

electronically to the following Internet 

e-mail address: ebsa.opr@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Regulation section 2590.701–3 

requires group health plans imposing a 

pre-existing condition exclusion, and 

health insurance issuers offering group 

health insurance subject to a preexisting condition exclusion, to provide 

all participants under the plan a written 

general notice of the pre-existing 

condition and also to provide any 

affected individual a specific written 

notice describing the length of preexisting condition exclusion applicable 

to that individual under the plan after 

the plan or issuer has made a 

determination, for that individual, of 

creditable coverage. EBSA previously 

submitted an ICR with respect to these 

pre-existing condition exclusion notices 

to the Office of Management and Budget 

(OMB) for review under the PRA and 

received approval under OMB Control 

No. 1210–0102. The ICR approval is 

currently scheduled to expire on 

December 31, 2009. 

II. Desired Focus of Comments 

The Department is particularly 

interested in comments that: 

• Evaluate whether the 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 

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., by permitting electronic submission 

of responses. 

III. Current Action 

This notice requests comments on an 

extension of the information collections 

arising from the pre-existing condition 

exclusion notice requirements of 29 CFR 

2590.701–3. The Department is not 

proposing or implementing any changes 

to the information collections at this 

time. A summary of the ICR and the 

current burden estimates follows: 

Agency: Department of Labor, 

Employee Benefits Security 

Administration. 

Title: Notice of Pre-Existing Condition 

Exclusion. 

Type of Review: Extension of a 

currently approved collection of 

information. 

OMB Number: 1210–0102. 

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

Frequency of Response: On occasion. 

Respondents: 1,300,000. 

Responses: 3,832,337. 

Total Estimated Burden Hours: 5,714. 

Total Burden Cost (Operating and 

Maintenance): $1,120,709. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval of the extension of this ICR; 

they will also become a matter of public 

record. 

Dated: September 21, 2009. 

Joseph S. Piacentini, 

Director, Office of Policy and Research, 

Employee Benefits Security Administration. 

[FR Doc. E9–23140 Filed 9–24–09; 8:45 am] 

BILLING CODE 4510–20–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Proposed Extension of Information 

Collection; Request for Public 

Comment Establishing Prior Creditable 

Coverage 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(Department), as part of its continuing 

effort to reduce paperwork and 

respondent burden, conducts a 

preclearance consultation program to 

provide the general public and Federal 

agencies with an opportunity to 

comment on proposed and continuing 

collections of information in accordance 

with the Paperwork Reduction Act of 

1995 (PRA) (44 U.S.C. 3506(c)(2)((A)). 

This program helps to ensure that the 

data the Department gathers can be 

provided in the desired format, that the 

reporting burden on the public (time 

and financial resources) is minimized, 

that the public understands the 

Department’s collection instruments, 

and that the Department can accurately 

assess the impact of collection 

requirements on respondents. 

Currently, the Employee Benefits 

Security Administration (EBSA) is 

soliciting comments concerning the 

extension of a currently approved 

collection of information arising from 

the Department’s regulation at 29 CFR 

2590.701–5, which requires group 

health plans and health insurance 

issuers to furnish a written certificate 

suitable for establishing prior creditable 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices 49025 

coverage to participants and dependents 

who are or were covered under the 

group health plan upon the occurrence 

of specified events. A copy of the 

information collection request (ICR) can 

be obtained by contacting the office 

shown in the ADDRESSES section of this 

notice. 

DATES: Written comments must be 

submitted to the office shown in the 

ADDRESSES section of this notice on or 

before November 24, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

regarding the information collection 

request and burden estimates to G. 

Christopher Cosby, Office of Policy and 

Research, Employee Benefits Security 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Room N–5718, Washington, DC 20210, 

(202) 693–8410, FAX (202) 219–4745 

(these are not toll-free numbers). 

Comments may also be submitted 

electronically to the following Internet 

e-mail address: ebsa.opr@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Subsection (a) of 29 CFR 2590.701–5 

requires a group health plan and each 

health insurance issuer offering group 

health insurance coverage under a group 

health plan to furnish certificates of 

creditable coverage to specified 

individuals under specified 

circumstances. EBSA previously 

submitted an ICR concerning the 

requirement to provide certificates of 

creditable coverage to the Office of 

Management and Budget (OMB) for 

review under the PRA and received 

approval under OMB Control No. 1210– 

0103. The ICR approval is currently 

scheduled to expire on December 31, 

2009. 

II. Desired Focus of Comments 

The Department is particularly 

interested in comments that: 

• Evaluate whether the 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 

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., by permitting electronic submission 

of responses. 

III. Current Action 

This notice requests comments on an 

extension of information collections 

arising from the requirement under 29 

CFR 2590.701–5 to provide certificates 

of creditable coverage. The Department 

is not proposing or implementing 

changes to the existing information 

collections at this time. A summary of 

the ICR and the current burden 

estimates follows: 

Agency: Department of Labor, 

Employee Benefits Security 

Administration. 

Title: Establishing Prior Creditable 

Coverage. 

Type of Review: Extension of a 

currently approved collection of 

information. 

OMB Number: 1210–0103. 

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

Frequency of Response: On occasion. 

Respondents: 2,493,046. 

Responses: 16,250,284. 

Total Estimated Burden Hours: 

75,306. 

Total Burden Cost (Operating and 

Maintenance): $11,456,011. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval of the extension of this ICR; 

they will also become a matter of public 

record. 

Dated: September 21, 2009. 

Joseph S. Piacentini, 

Director, Office of Policy and Research, 

Employee Benefits Security Administration. 

[FR Doc. E9–23139 Filed 9–24–09; 8:45 am] 

BILLING CODE 4510–20–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

[Application Nos. and Proposed 

Exemptions; D–11423, Cotter Merchandise 

Storage Company Defined Benefit Pension 

Plan (the Plan); D–11445, Unaka Company, 

Incorporated Employees Profit Sharing Plan 

(the Plan); and D–11522, State Street Bank 

and Trust Company, et al.] 

Notice of Proposed Exemptions 

AGENCY: Employee Benefits Security 

Administration, Labor. 

ACTION: Notice of proposed exemptions. 

SUMMARY: This document contains 

notices of pendency before the 

Department of Labor (the Department) of 

proposed exemptions from certain of the 

prohibited transaction restrictions of the 

Employee Retirement Income Security 

Act of 1974 (ERISA or the Act) and/or 

the Internal Revenue Code of 1986 (the 

Code). 

Written Comments and Hearing 

Requests 

All interested persons are invited to 

submit written comments or requests for 

a hearing on the pending exemptions, 

unless otherwise stated in the Notice of 

Proposed Exemption, within 45 days 

from the date of publication of this 

Federal Register Notice. Comments and 

requests for a hearing should state: (1) 

The name, address, and telephone 

number of the person making the 

comment or request, and (2) the nature 

of the person’s interest in the exemption 

and the manner in which the person 

would be adversely affected by the 

exemption. A request for a hearing must 

also state the issues to be addressed and 

include a general description of the 

evidence to be presented at the hearing. 

ADDRESSES: All written comments and 

requests for a hearing (at least three 

copies) should be sent to the Employee 

Benefits Security Administration 

(EBSA), Office of Exemption 

Determinations, Room N–5700, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210. 

Attention: Application No., stated in 

each Notice of Proposed Exemption. 

Interested persons are also invited to 

submit comments and/or hearing 

requests to EBSA via e-mail or FAX. 

Any such comments or requests should 

be sent either by e-mail to: 

moffitt.betty@dol.gov, or by FAX to 

(202) 219–0204 by the end of the 

scheduled comment period. The 

applications for exemption and the 

comments received will be available for 

public inspection in the Public 

Documents Room of the Employee 

Benefits Security Administration, U.S. 

Department of Labor, Room N–1513, 

200 Constitution Avenue, NW., 

Washington, DC 20210. 

Notice to Interested Persons 

Notice of the proposed exemptions 

will be provided to all interested 

persons in the manner agreed upon by 

the applicant and the Department 

within 15 days of the date of publication 

in the Federal Register. Such notice 

shall include a copy of the notice of 

proposed exemption as published in the 

Federal Register and shall inform 

interested persons of their right to 

comment and to request a hearing 

(where appropriate). 


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