13004 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices 

(h) The term ‘‘control’’ means the 

power to exercise a controlling 

influence over the management or 

policies of a person other than an 

individual. 

(i) The term ‘‘Eligible Securities 

Depository’’ means an eligible securities 

depository as that term is defined under 

Rule 17f–7 of the Investment Company 

Act of 1940 [15 U.S.C. 80a], as such 

definition may be amended from time to 

time. 

(j) The term ‘‘recognized securities 

exchange’’ means a U.S. securities 

exchange that is registered as a 

‘‘national securities exchange’’ under 

section 6 of the Exchange Act of 1934 

(15 U.S.C. 78f) or a designated offshore 

securities market as defined in 

Regulation S of the Securities Act of 

1933 [17 CFR part 230.902(B)], as such 

definition may be amended from time to 

time, which performs with respect to 

securities, the functions commonly 

performed by a stock exchange within 

the meaning of the definitions under the 

applicable securities laws (e.g., 17 CFR 

part 240.3b–16). 

(k) The term ‘‘automated trading 

system’’ means an electronic trading 

system that functions in a manner 

intended to simulate a securities 

exchange by electronically matching 

orders on an agency basis from multiple 

buyers and sellers such as an 

‘‘alternative trading system’’ within the 

meaning of SEC’s Reg. ATS [17 CFR part 

242.300] as such definition may be 

amended from time to time, or an 

‘‘automated quotation system’’ as 

described in section 3(a)(51)(A)(ii) of the 

Securities and Exchange Act of 1934 [15 

U.S.C. 78c(a)(51)(A)(ii)]. 

(l) The term ‘‘lending of securities’’ or 

‘‘loan of securities’’ shall include 

securities loans that are structured as 

repurchase agreements provided, that 

all terms of the exemption are otherwise 

met. 

VI. Effective Dates 

(a) This exemption is effective on 

January 2, 2007. 

(b) PTEs 81–6 and 82–63 are revoked 

effective January 2, 2007. 

Signed at Washington, DC, this 2nd day of 

March, 2022. 

Ali Khawar, 

Acting Assistant Secretary, Employee Benefits 

Security Administration, U.S. Department of 

Labor. 

[FR Doc. 2022–04866 Filed 3–7–22; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Request 

for a Medical or Religious Exception or 

Delay to the COVID–19 Vaccination 

Requirement 

AGENCY: Office of the Assistant 

Secretary for Administration and 

Management, Labor. 

ACTION: Notice; request for comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 

(PRA), the DOL is soliciting public 

comments regarding the proposed 

revision of this Office of the Assistant 

Secretary for Administration and 

Management (OASAM)-sponsored 

information collection for the authority 

to continue and revise the information 

collection request (ICR) titled, ‘‘Request 

for a Medical Exception or Delay to the 

COVID–19 Vaccination Requirement,’’ 

currently approved under OMB Control 

Number 1225–0092. 

DATES: Consideration will be given to all 

written comments received by May 9, 

2022. 

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 by contacting 

RARC Info at Rarc.Info@dol.gov. 

Electronic submission: You may 

submit comments and attachments 

electronically at DOL_PRA_PUBLIC@

dol.gov, identified by OMB Control 

Number 1225–0092. 

Comments are invited on: (1) Whether 

the collection of information is 

necessary for the proper performance of 

the functions of the Department, 

including whether the information will 

have practical utility; (2) if the 

information will be processed and used 

in a timely manner; (3) the accuracy of 

the agency’s estimates of the burden and 

cost of the collection of information, 

including the validity of the 

methodology and assumptions used; (4) 

ways to enhance the quality, utility and 

clarity of the information collection; and 

(5) ways to minimize the burden of the 

collection of information on those who 

are to respond, including the use of 

automated collection techniques or 

other forms of information technology. 

FOR FURTHER INFORMATION CONTACT: 

Mara Blumenthal by telephone at 202– 

693–8538, or by email at Rarc.Info@

dol.gov. 

SUPPLEMENTARY INFORMATION: Consistent 

with guidance from the Centers for 

Disease Control and Prevention (CDC), 

guidance from the Safer Federal 

Workforce Task Force established 

pursuant to Executive Order 13991 of 

January 20, 2021, Protecting the Federal 

Workforce and Requiring MaskWearing, and Executive Order 14043 of 

September 9, 2021, Requiring 

Coronavirus Disease 2019 Vaccination 

for Federal Employees, the request for 

this collection of information is 

essential to implement DOL’s health 

and safety measures regarding federal 

employee medical exemptions to the 

COVID–19 mandatory vaccinations. The 

Rehabilitation Act of 1973, as amended, 

requires Federal Agencies to provide 

reasonable accommodations to qualified 

employees with disabilities unless that 

reasonable accommodation would 

impose an undue hardship on the 

employee’s Agency. See 29 U.S.C. 791; 

29 CFR part 1614; see also 20 CFR part 

1630 and Executive Order 13164 of July 

26, 2000, Requiring Federal Agencies to 

Establish Procedures to Facilitate the 

Provision of Reasonable 

Accommodation. Section 2 of E.O. 

14043 mandates that each agency 

‘‘implement, to the extent consistent 

with applicable law, a program to 

require COVID–19 vaccination for all of 

its Federal employees, with exceptions 

only as required by law.’’ This medical 

exemption form is necessary for DOL to 

determine legal exemptions to the 

vaccine requirement under the 

Rehabilitation Act. 

The Department of Labor is proposing 

to revise this ICR, which was approved 

in November 2021 under the Emergency 

Processing provisions of the PRA. The 

Department is requesting the same 

amount of burden in the currently 

approved ICR: 250 respondents, 10 

minutes per response for a total of 42 

hours. Additionally, the Department of 

Labor is proposing that student 

volunteers requesting a medical 

exception or delay to the COVID–19 

Vaccination Requirement be required to 

complete this form. DOL estimates that 

there may be 100 student volunteers 

with the Department beginning this 

summer. While 40 volunteers are 

expected through the Secretary’s formal 

program, many offices bring on 

volunteers through a variety of other 

methods. DOL is estimating that 10% 

may request a medical accommodation, 

for a total of 10 respondents. 

The estimated time burden for a 

student volunteer to complete the form 

is 15 minutes. This is more burden than 

is placed on respondents in the 

currently approved collection that is 

limited to medical professionals 

providing information. Because the 

definition of ‘person’ under the PRA 


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Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Notices 13005 

excludes Federal employees operating 

within their professional capacity, it 

was only necessary in the currently 

approved collection to account for the 

time it takes the medical professional 

completing Part II of the form in 

assessing the burden when seeking the 

emergency PRA clearance. However, 

since student volunteers are not Federal 

employees, the time it takes student 

volunteers to complete the entire form 

must be accounted for in the burden 

assessment and requires approval by 

OMB. As a result, the Department of 

Labor is requesting approval for an 

additional 10 respondents, with an 

equal number of responses, and an 

additional 2.5 hours of time burden, for 

respective totals of 160 respondents 

with an equal number of responses and 

44.5 annual burden hours for this form. 

The Department of Labor is also 

proposing to add a new instrument to 

this ICR. DOL is proposing to add the 

form Request for a Religious Exception 

or Delay to the COVID–19 Vaccination 

Requirement. This religious exemption 

form is necessary for DOL to determine 

legal exemptions to the vaccine 

requirement from student volunteers 

under Title VII of the Civil Rights Act 

of 1964. As with the medical exemption 

noted above, the collection of this form 

from Federal employees does not 

require OMB approval. As student 

volunteers are not considered to be 

Federal employees, the Department 

must also account for the burden to 

complete the form to obtain approval 

from OMB in order to collect this 

information from student volunteers. Of 

the estimated 100 student volunteers the 

Department is anticipating this summer, 

DOL is estimating that 10% may request 

a religious accommodation, for a total of 

10 respondents. The Department 

estimates that it will take respondents 

15 minutes to fill out the form. 

Therefore, the Department of Labor is 

requesting approval for 10 respondents, 

with an equal number of responses, and 

2.5 hours of time burden, for this form. 

Accordingly, the total estimated burden 

for this ICR is 270 respondents, with an 

equal number of responses, and 47 

burden hours. 

A Notice Regarding Injunctions 

The vaccination requirement issued 

pursuant to E.O. 14043, is currently the 

subject of a nationwide preliminary 

injunction. While that injunction 

remains in place, DOL will not process 

requests for a medical or religious 

exceptions from the COVID–19 

vaccination requirement pursuant to 

E.O. 14043. DOL will also not request 

the submission of any medical or 

religious information related to a 

request for an exception from the 

vaccination requirement pursuant to 

E.O. 14043 while the injunction remains 

in place. But DOL may nevertheless 

receive information regarding a medical 

exception. That is because, if DOL were 

to receive a request for an exception 

from the COVID–19 vaccination 

requirement pursuant to E.O. 14043 

during the pendency of the injunction, 

DOL will accept the request, hold it in 

abeyance, and notify the volunteer who 

submitted the request that 

implementation and enforcement of the 

COVID–19 vaccination requirement 

pursuant to E.O. 14043 is currently 

enjoined and that an exception therefore 

is not necessary so long as the 

injunction is in place. In other words, 

during the pendency of the injunction, 

any information collection related to 

requests for medical or religious 

exceptions from the COVID–19 

vaccination requirement pursuant to 

E.O. 14043 will not be undertaken to 

implement or enforce the COVID–19 

vaccination requirement. 

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 the OMB 

approves it 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 OMB Control Number. 

See 5 CFR 1320.5(a) and 1320.6. 

DOL seeks PRA authorization for this 

information collection for three (3) 

years. OMB authorization for an ICR 

cannot be for more than three (3) years 

without renewal. The DOL notes that 

information collection requirements 

submitted to the OMB for existing ICRs 

receive a month-to-month extension 

while they undergo review. 

Agency: DOL–OASAM. 

Type of Review: Revision. 

Title of Collection: Request for a 

Medical or Religious Exception or Delay 

to the COVID–19 Vaccination 

Requirement. 

OMB Control Number: 1225–0092. 

Forms: Request for a Medical 

Exception or Delay to the COVID–19 

Vaccination Requirement; Request for a 

Religious Exception or Delay to the 

COVID–19 Vaccination Requirement. 

Affected Public: Individuals or 

Households. 

Total Estimated Number of 

Respondents: 270. 

Frequency: Once. 

Total Estimated Number of 

Responses: 270. 

Estimated Average Time per 

Response: Varies. 

Total Estimated Annual Time Burden: 

47 hours. 

Total Estimated Annual Other Costs 

Burden: $0. 

(Authority: 44 U.S.C. 3506(c)(2)(A)) 

Dated: March 1, 2022. 

Milton Stewart, 

Deputy Assistant Secretary for Operations. 

[FR Doc. 2022–04864 Filed 3–7–22; 8:45 am] 

BILLING CODE 4510–23–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petition for Modification of Application 

of Existing Mandatory Safety 

Standards 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: This notice is a summary a 

petition for modification submitted to 

the Mine Safety and Health 

Administration (MSHA) by the party 

listed below. 

DATES: All comments on the petitions 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before April 7, 2022. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2022– 

0010 by any of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments 

for MSHA–2022–0010. 

2. Fax: 202–693–9441. 

3. Email: petitioncomments@dol.gov. 

4. Regular Mail or Hand Delivery: 

MSHA, Office of Standards, 

Regulations, and Variances, 201 12th 

Street South, Suite 4E401, Arlington, 

Virginia 22202–5452. 

Attention: S. Aromie Noe, Acting 

Director, Office of Standards, 

Regulations, and Variances. Persons 

delivering documents are required to 

check in at the receptionist’s desk in 

Suite 4E401. Individuals may inspect 

copies of the petition and comments 

during normal business hours at the 

address listed above. Before visiting 

MSHA in person, call 202–693–9455 to 

make an appointment, in keeping with 

the Department of Labor’s COVID–19 

policy. Special health precautions may 

be required. 

FOR FURTHER INFORMATION CONTACT: S. 

Aromie Noe, Office of Standards, 

Regulations, and Variances at 202–693– 

9440 (voice), Petitionsformodification@

dol.gov (email), or 202–693–9441 (fax). 

[These are not toll-free numbers.] 


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