Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 11971 

1 In general, an ‘‘Assistance Eligible Individual’’ 

is an individual who is eligible for COBRA 

continuation coverage as a result of an involuntary 

termination of employment at any time from 

September 1, 2008 through December 31, 2009; and 

who elects COBRA coverage (when first offered or 

during the additional election period). 

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: Occupational Safety and 

Health Administration. 

Type of Review: Extension without 

change of a previously approved 

collection. 

Title of Collection: Blasting 

Operations and the Use of Explosives 

(29 CFR part 1926, Subpart U). 

OMB Control Number: 1218–0217. 

Affected Public: Business or other forprofits. 

Estimated Number of Respondents: 

160. 

Estimated Total Annual Burden 

Hours: 1,294. 

Estimated Total Annual Costs Burden 

(does not include wage/hour costs): 

$800,000. 

Description: The information 

collection requirements provide 

protection to employees who work with 

and around blasting operations. In 

addition, inventories of explosives must 

be maintained to assure employer and 

blaster accountability for explosives. For 

additional information, see the related 

60-day preclearance notice published in 

the Federal Register at Vol. 73 FR 74525 

on December 8, 2008. PRA 

documentation prepared in association 

with the preclearance notice is available 

on http://www.regulations.gov under 

docket number OSHA–2008–0045. 

Agency: Occupational Safety and 

Health Administration. 

Type of Review: Extension without 

change of a previously approved 

collection. 

Title of Collection: OSHA Strategic 

Partnership for Worker Safety and 

Health Program (OSPP). 

OMB Control Number: 1218–0244. 

Affected Public: Business or other forprofits. 

Estimated Number of Respondents: 

24,272. 

Estimated Total Annual Burden 

Hours: 361,416. 

Estimated Total Annual Costs Burden 

(does not include wage/hour costs): $0. 

Description: The OSPP allows OSHA 

to enter into an extended, voluntary, 

cooperative relationship with groups of 

employers, employees, and 

representatives to encourage, assist and 

recognize their efforts to eliminate 

serious hazards and to achieve a high 

level of employee safety and health that 

goes beyond what historically has been 

achieved through traditional 

enforcement methods. Each OSHA 

Strategic Partnership (OSP) determines 

which information will be needed, 

selects the best collection method, and 

specifies how the information will be 

used. At a minimum each OSP must 

identify baseline illness and injury data 

corresponding to all summary line items 

on the OSHA 300 logs, and must track 

changes at either the worksite level or 

participant-aggregate level. For 

additional information, see the related 

60-day preclearance notice published in 

the Federal Register at Vol. 73 FR 67546 

on November 14, 2008. PRA 

documentation prepared in association 

with the preclearance notice is available 

on http://www.regulations.gov under 

docket number OSHA–2008–0041. 

Darrin A. King, 

Departmental Clearance Officer. 

[FR Doc. E9–6033 Filed 3–19–09; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Publication of Model Notices for Health 

Care Continuation Coverage Provided 

Pursuant to the Consolidated Omnibus 

Budget Reconciliation Act (COBRA) 

and Other Health Care Continuation 

Coverage, as Required by the 

American Recovery and Reinvestment 

Act of 2009, Notice 

AGENCY: Employee Benefits Security 

Administration, Department of Labor. 

ACTION: Notice of the Availability of the 

Model Health Care Continuation 

Coverage Notices Required by ARRA. 

SUMMARY: On February 17, 2009, 

President Obama signed the American 

Recovery and Reinvestment Act (ARRA) 

of 2009 (Pub. L. 111–5). ARRA includes 

a requirement that the Secretary of 

Labor (the Secretary), in consultation 

with the Secretaries of the Treasury and 

Health and Human Services, develop 

model notices. These models are for use 

by group health plans and other entities 

that, pursuant to ARRA, must provide 

notices of the availability of premium 

reductions and additional election 

periods for health care continuation 

coverage. This document announces the 

availability of the model health care 

continuation coverage notices required 

by ARRA. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Horahan or Amy Turner, Office of 

Health Plan Standards and Compliance 

Assistance, Employee Benefits Security 

Administration, (202) 693–8335. This is 

not a toll-free number. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Consolidated Omnibus Budget 

Reconciliation Act of 1985 (COBRA) 

created the health care continuation 

coverage provisions of title I of the 

Employee Retirement Income Security 

Act of 1974 (ERISA), the Internal 

Revenue Code (Code), and the Public 

Health Service Act (PHS Act). These 

provisions are commonly referred to as 

the COBRA continuation provisions, 

and the continuation coverage that they 

mandate is commonly referred to as 

COBRA continuation coverage. Group 

health plans subject to the COBRA 

continuation provisions are subject to 

ARRA’s premium reduction provisions, 

notice requirements, and an additional 

election period. The COBRA 

continuation coverage provisions do not 

apply to group health plans sponsored 

by employers with fewer than 20 

employees. Many States require health 

insurance issuers who provide group 

health insurance coverage to plans not 

subject to the COBRA continuation 

provisions to provide comparable 

continuation coverage. Such 

continuation coverage provided 

pursuant to State law is also subject to 

ARRA’s premium reduction provisions 

and notice requirements but not the 

additional election period. 

II. Description of the Model Notices 

a. In General 

ARRA mandates the provision of 

three notices—a ‘‘General Notice,’’ an 

‘‘Alternative Notice,’’ and a ‘‘Notice in 

Connection with Extended Election 

Periods.’’ Each of these notices must 

include: a prominent description of the 

availability of the premium reduction 

including any conditions on the 

entitlement; a model form to request 

treatment as an ‘‘Assistance Eligible 

Individual’’;1 the name, address, and 

telephone number of the plan 

administrator (and any other person 

11972 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 

2Under ARRA the Secretary generally is 

responsible for developing all of the model notices 

with the exception of model notices relating to 

Temporary Continuation Coverage under 5 U.S.C. 

8905a, which is the responsibility of the Office of 

Personnel Management (OPM). In developing these 

notices, the Department has consulted with the 

Departments of the Treasury and Health and 

Human Services, OPM, the National Association of 

Insurance Commissioners, and plan administrators 

and other entities responsible for providing COBRA 

continuation coverage. 

3ARRA provides that COBRA election notices 

already provided for qualifying events occurring 

during this time period but which did not include 

information on the availability of the premium 

reduction are not complete. As such, the end of the 

60-day period for electing COBRA continuation 

coverage is measured from when a complete notice 

is provided. Moreover, although under COBRA a 

timely election may require a plan to make coverage 

available retroactively to the date of the loss of 

coverage, ARRA provides no new requirement for 

a plan to allow an individual to elect COBRA 

continuation coverage for any period prior to the 

first coverage period beginning on or after February 

17, 2009. 

4ARRA could be read to require Assistance 

Eligible Individuals with qualifying events from 

September 1, 2008 through February 16, 2009 who 

are already enrolled in COBRA coverage to receive 

both a General Notice and a Notice in Connection 

with Extended Election Periods with duplicate 

content. Because the COBRA election information 

would be of no practical importance to individuals 

already enrolled, plans may send just the 

abbreviated General Notice to such individuals and 

satisfy both ARRA notice requirements if the 60-day 

time frame for providing the Notice in Connection 

with Extended Election Periods is satisfied. 

with information about the premium 

reduction); a description of the 

obligation of individuals paying 

reduced premiums who become eligible 

for other coverage to notify the plan; 

and (if applicable) a description of the 

opportunity to switch coverage options. 

The Notice in Connection with 

Extended Election Periods must also 

include a description of the extended 

election period. 

The Department of Labor (the 

Department) created these model 

notices to cover an array of situations in 

order to deal with the complexity of the 

various scenarios facing dislocated 

workers and their families. In an effort 

to ensure that the notices included all 

of the information required under ARRA 

while minimizing the burden imposed 

on group health plans and issuers, the 

Department created several packages. 

Each package is designed for a 

particular group of qualified 

beneficiaries and contains all of the 

information needed to satisfy the 

content requirements for ARRA’s notice 

provisions. The packages include the 

following disclosures: 

• A summary of ARRA’s premium 

reduction provisions. 

• A form to request the premium 

reduction. 

• A form for plans (or issuers) who 

permit qualified beneficiaries to switch 

coverage options to use to satisfy 

ARRA’s requirement to give notice of 

this option. 

• A form for an individual to use to 

satisfy ARRA’s requirement to notify the 

plan (or issuer) that the individual is 

eligible for other group health plan 

coverage or Medicare. 

• COBRA election forms and 

information, as appropriate. 

b. General Notice 

The General Notice is required to be 

sent by plans that are subject to the 

COBRA continuation provisions under 

Federal law.2 It must include the 

information described above and be 

provided to ALL qualified beneficiaries, 

not just covered employees, who have 

experienced a qualifying event at any 

time from September 1, 2008 through 

December 31, 2009, regardless of the 

type of qualifying event. 

The Department has created two 

versions of this notice. The abbreviated 

version is for individuals who have 

elected COBRA and are still covered 

after experiencing a qualifying event at 

some time on or after September 1, 2008 

to advise them of the availability of the 

premium reduction and other rights and 

obligations under ARRA. The longer 

version includes all of the information 

related to the premium reduction and 

other rights and obligations under 

ARRA as well as all of the information 

required in an election notice required 

pursuant to the Department’s final 

COBRA notice regulations under 29 CFR 

2590.606–4(b).3 Providing the longer 

notice to individuals who have 

experienced a qualifying event from 

September 1, 2008 through December 

31, 2009 will satisfy the Department’s 

existing requirements for the content of 

the COBRA election notice as well as 

those imposed by ARRA. 

c. Alternative Notice 

The Alternative Notice is required to 

be sent by issuers that offer group health 

insurance coverage that is subject to 

continuation coverage requirements 

imposed by State law. The Alternative 

Notice must include the information 

described above and be provided to ALL 

qualified beneficiaries, not just covered 

employees, who have experienced a 

qualifying event at any time from 

September 1, 2008 through December 

31, 2009, regardless of the type of 

qualifying event. Continuation coverage 

requirements vary among States. Thus, 

the Department crafted a single version 

of this notice that should be modified to 

reflect the requirements of the 

applicable State law. Issuers of group 

health insurance coverage subject to this 

notice requirement should feel free to 

use the model Alternative Notice or the 

abbreviated model General Notice (as 

appropriate). 

d. Notice in Connection With Extended 

Election Periods 

The Notice in Connection with 

Extended Election Periods is required to 

be sent by plans that are subject to 

COBRA continuation provisions under 

Federal law. It must include the 

information described above and be 

provided to any Assistance Eligible 

Individual (or any individual who 

would be an Assistance Eligible 

Individual if a COBRA continuation 

coverage election were in effect) who: 

had a qualifying event at any time from 

September 1, 2008 through February 16, 

2009; AND either did not elect COBRA 

continuation coverage or who elected 

but subsequently discontinued COBRA. 

This notice MUST be provided by April 

18, 2009, which is 60 days after the date 

ARRA was enacted.4

III. For Additional Information 

For additional information about 

ARRA’s COBRA premium reduction 

provisions, contact the Department’s 

Employee Benefits Security 

Administration’s Benefits Advisors at 1– 

866–444–3272. In addition, the 

Employee Benefits Security 

Administration has developed a 

dedicated COBRA Web page http:// 

www.dol.gov/COBRA that will contain 

information on the program as it is 

developed. Subscribe to this page to get 

up-to-date fact sheets, FAQs, model 

notices, and applications. 

IV. Paperwork Reduction Act 

Statement 

According to the Paperwork 

Reduction Act of 1995 (Pub. L. 104–13) 

(PRA), no persons are required to 

respond to a collection of information 

unless such collection displays a valid 

Office of Management and Budget 

(OMB) control number. The Department 

notes that a Federal agency cannot 

conduct or sponsor a collection of 

information unless it is approved by 

OMB under the PRA, and displays a 

currently valid OMB control number, 

and the public is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. See 44 U.S.C. 3507. 

Also, notwithstanding any other 

provisions of law, no person shall be 

subject to penalty for failing to comply 

with a collection of information if the 

collection of information does not 

Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 11973 

display a currently valid OMB control 

number. See 44 U.S.C. 3512. 

This Notice revises the collections of 

information contained in the ICR titled 

Notice Requirements of the Health Care 

Continuation Coverage Provisions 

approved under OMB Control Number 

1210–0123. OMB has approved this 

revision to the ICR pursuant to the 

emergency review procedures under 5 

CFR 1320.13. The public reporting 

burden for this collection of information 

is estimated to average approximately 7 

minutes per respondent, including time 

for gathering and maintaining the data 

needed to complete the required 

disclosure. Interested parties are 

encouraged to send comments regarding 

the burden estimate or any other aspect 

of this collection of information, 

including suggestions for reducing this 

burden, to the U.S. Department of Labor, 

Office of the Chief Information Officer, 

Attention: Departmental Clearance 

Officer, 200 Constitution Avenue, NW., 

Room N–1301, Washington, DC 20210 

or e-mail DOL_PRA_PUBLIC@dol.gov 

and reference the OMB Control Number 

1210–0123. 

V. Models 

The Department has decided to make 

the model notices available in 

modifiable, electronic form on its Web 

site: http://www.dol.gov/COBRA. 

VI. Statutory Authority 

Authority: 29 U.S.C. 1027, 1059, 1135, 

1161–1169, 1191c; Public Law 111–5, 123 

Stat. 115; sec. 3001(a)(5), 3001(a)(2)(C), 

3001(a)(7), and Secretary of Labor’s Order 

No. 1–2003, 68 FR 5374 (Feb. 3, 2003). 

Signed at Washington, DC this 17th day of 

March 2009. 

Alan D. Lebowitz, 

Deputy Assistant Secretary, Employee 

Benefits Security Administration. 

[FR Doc. E9–6131 Filed 3–19–09; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Notice of a Change in Status of an 

Extended Benefit (EB) Period for South 

Carolina 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: This notice announces a 

change in benefit period eligibility 

under the EB program for South 

Carolina. 

The following change has occurred 

since the publication of the last notice 

regarding the State’s EB status: 

• The 13-week insured 

unemployment rate (IUR) for South 

Carolina for the week ending February 

21, 2009, rose above 5.0 percent and 

exceeded 120 percent of the 

corresponding average rate in the two 

prior years. Therefore, beginning the 

week of March 8, 2009, eligible 

unemployed workers will be able to 

collect up to an additional 13 weeks of 

UI benefits. 

Information for Claimants 

The duration of benefits payable in 

the EB program, and the terms and 

conditions on which they are payable, 

are governed by the Federal-State 

Extended Unemployment Compensation 

Act of 1970, as amended, and the 

operating instructions issued to the 

states by the U.S. Department of Labor. 

In the case of a state beginning an EB 

period, the State Workforce Agency will 

furnish a written notice of potential 

entitlement to each individual who has 

exhausted all rights to regular benefits 

and is potentially eligible for EB (20 

CFR 615.13(c)(1)). 

Persons who believe they may be 

entitled to EB or who wish to inquire 

about their rights under the program 

should contact their State Workforce 

Agency. 

FOR FURTHER INFORMATION CONTACT: 

Scott Gibbons, U.S. Department of 

Labor, Employment and Training 

Administration, Office of Workforce 

Security, 200 Constitution Avenue, 

NW., Frances Perkins Building, Room 

S–4231, Washington, DC 20210, 

telephone number (202) 693–3008 (this 

is not a toll-free number) or by e-mail: 

gibbons.scott@dol.gov. 

Signed in Washington, DC, this 13th day of 

March 2009. 

Douglas F. Small, 

Deputy Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. E9–6032 Filed 3–19–09; 8:45 am] 

BILLING CODE 4510–FW–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–65,287] 

The Doe-Run Company; St. Louis, MO; 

Notice of Termination of Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on February 

18, 2009 in response to a worker 

petition filed by an official of a Missouri 

State workforce office on behalf of 

workers of The Doe-Run Company, St. 

Louis, Missouri. 

The petitioner has requested that the 

petition be withdrawn. Consequently, 

the investigation has been terminated. 

Signed at Washington, DC, this 5th day of 

March 2009. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–5913 Filed 3–19–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Proposed Information Collection 

Request; Submitted for Public 

Comment and Recommendations; 

Health Standards for Diesel 

Particulates Matter (Underground 

Metal and Nonmetal Mines) 

ACTION: Notice. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden 

conducts a pre-clearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and/or continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This 

program helps to ensure that requested 

data can be provided in the desired 

format, reporting burden (time and 

financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements on respondents can be 

properly assessed. 

Currently, the Mine Safety and Health 

Administration (MSHA) is soliciting 

comments concerning the extension of 

the information collection related to the 

30 CFR 57.5060, 57.5065, 57.5066, 

57.5067, 57.5070, 57.5071, and 

57.5075—Health Standards for Diesel 

Particulates Matter (Underground Metal 

and Nonmetal Mines). 

DATES: Submit comments on or before 

May 19, 2009. 

ADDRESSES: Send comments to, Debbie 

Ferraro, Management Services Division, 

1100 Wilson Boulevard, Room 2141, 

Arlington, VA 22209–3939. Commenters 

are encouraged to send their comments 

on computer disk, or via e-mail to 

Ferraro.Debbie@DOL.GOV. Ms. Ferraro 

can be reached at (202) 693–9821 

(voice), or (202) 693–9801 (facsimile).