26276 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices 

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

an individual who has experienced an involuntary 

termination of employment that is a COBRA 

‘‘qualifying event’’ at any time from September 1, 

2008 through May 31, 2010 if he or she elects such 

COBRA coverage. For purposes of ARRA, certain 

involuntary terminations are considered qualifying 

events despite the occurrence of a previous 

qualifying event. 

asserting claims against Hovnanian that 

are resolved by the Consent Decree. 

The proposed Complaint alleges three 

types of storm water violations— 

discharges without a permit, failure to 

timely apply for permit coverage, and 

permit violations, in violation of 

Sections 301 and 308 of the CWA and 

analogous state law—and alleges a 

general pattern and practice of noncompliance at Hovnanian’s Sites 

throughout the country. 

The Consent Decree addresses 

Hovnanian’s violations of the Clean 

Water Act (‘‘CWA’’) as well as violations 

of state and federal National Pollutant 

Discharge Elimination System 

(‘‘NPDES’’) permits governing the 

discharge of storm water from 

Hovnanian’s construction Sites. The 

Consent Decree resolves claims of the 

United States and State Plaintiffs for 

past violations of storm water 

requirements at the Sites identified in 

Appendix A of the Complaint by 

requiring the payment of a civil penalty 

totaling $1 million and the institution of 

injunctive relief in the form of a 

nationwide management, reporting and 

training program to improve compliance 

with storm water requirements at 

Hovnanian’s future construction Sites. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to this proposed Consent 

Decree. Comments should be addressed 

to the Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, Attention: Nancy 

Flickinger (EES), and should refer to 

United States of America v. Hovnanian 

Enterprises, Inc., Civil Action No. 2:10– 

cv–01742–TJS, DOJ # 90–5–1–1–08709. 

The proposed Consent Decree may be 

examined at the Office of the United 

States Attorney for the Eastern District 

of Pennsylvania, 615 Chestnut Street, 

Suite 1250, Philadelphia, PA 19016. The 

consent decree also may be examined 

on the following Department of Justice 

Web site, http://www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

proposed Consent Decree may also be 

obtained by mail from the Consent 

Decree Library, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611 or by faxing or e-mailing a 

request to Tonia Fleetwood 

(tonia.fleetwood@usdoj.gov), fax No. 

(202) 514–0097, phone confirmation 

number (202) 514–1547. In requesting a 

copy from the Consent Decree Library, 

please enclose a check in the amount of 

$46.50 (25 cents per page reproduction 

cost for a full copy) payable to the U.S. 

Treasury. 

Maureen Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 2010–11088 Filed 5–10–10; 8:45 am] 

BILLING CODE 4410–15–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 (ARRA), as Further 

Amended by the Continuing Extension 

Act (CEA) of 2010, 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, as 

further amended by CEA. 

SUMMARY: On April 15, 2010, President 

Obama signed the Continuing Extension 

Act of 2010 (Pub. L. 111–157), which 

extended, for a third time, the 

availability of the health care 

continuation coverage premium 

reduction provided for COBRA and 

other health care continuation coverage 

as required by ARRA (Pub. L. 111–5). 

ARRA, as amended, retained the 

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, as amended, 

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, as further 

amended by CEA. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Horahan or Mark Connor, 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 Federal 

COBRA continuation provisions are 

subject to ARRA’s premium reduction 

provisions and notice requirements. The 

Federal 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 that 

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. 

II. Description of the Model Notices 

a. In General 

ARRA, as further amended, mandates 

the provision of certain notices. 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 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 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 include all of 

the information required under ARRA, 

as amended, while minimizing the 

burden imposed on group health plans 

and issuers, the Department has created 

several packages. As with those models 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices 26277 

2Under ARRA, as amended, 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 the original ARRA model notices, the 

Department was required to, and did, consult 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. This set of models was again 

created in consultation with staff at the 

Departments of the Treasury and Health and 

Human Services. 

3This notice need not be provided to the extent 

that a notice including accurate information 

regarding rights under ARRA has already been 

provided. 

4The 60-day period for electing COBRA 

continuation coverage is measured from when a 

complete notice is provided. ARRA provides that 

COBRA election notices provided for qualifying 

events occurring during the effective dates of the 

premium reduction period are not complete if they 

fail to include information on the availability of the 

premium reduction. 

5See note 3 above. 

6ARRA section 3001(a)(7) provides that COBRA 

election notices provided for qualifying events 

Continued 

previously developed by the 

Department, each of the new packages is 

designed for a particular group of 

qualified beneficiaries, and contains all 

of the information needed to satisfy the 

content requirements for ARRA’s 

amended 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) that 

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 

Plans that are subject to the COBRA 

continuation provisions under Federal 

law are required to send the General 

Notice.2 It must include the information 

described above and be provided to ALL 

qualified beneficiaries, not just covered 

employees, who experience a qualifying 

event through May 31, 2010.3

The Department has modified the 

previously updated version of this 

model notice so that it includes all of 

the information related to the premium 

reduction and other rights and 

obligations under ARRA, as further 

amended by CEA. This model also 

includes 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).4 Using this model to provide 

notice to individuals who have 

experienced any qualifying event from 

September 1, 2008 through May 31, 

2010 will satisfy the Department’s 

existing requirements for the content of 

the COBRA election notice as well as 

those imposed by ARRA, as amended. 

c. Alternative Notice 

Issuers that offer group health 

insurance coverage that is subject to 

comparable continuation coverage 

requirements imposed by State law 

must provide the Alternative Notice. 

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 through 

May 31, 2010.5 The Department has 

modified the previously updated 

version of this model notice. However, 

because continuation coverage 

requirements vary among States it 

should be further 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, the model 

Notice of New Election Period, the 

model Supplemental Information 

Notice, the model Notice of Extended 

Election Period, or the model General 

Notice (as appropriate). 

d. Notice of New Election Period 

The Notice of New Election Period is 

required to be sent by plans that are 

subject to COBRA continuation 

provisions under Federal or State law. It 

must include the information described 

above and should be provided to ALL 

individuals who: 

• Experienced a qualifying event that 

was a reduction in hours at any time 

from September 1, 2008 through May 

31, 2010; 

• Experienced a termination of 

employment at any point from March 2, 

2010 through May 31, 2010; AND 

• Either did not elect COBRA 

continuation coverage when it was first 

offered OR who elected but 

subsequently discontinued COBRA. 

Generally, individuals who have 

experienced a qualifying event that 

consists of a reduction of hours and 

who, from March 2, 2010 through May 

31, 2010, experience an involuntary 

termination of employment must be 

provided this notice within 60 days of 

the event. Pursuant to CEA, for the April 

1, 2010 through April 14, 2010 period, 

the notice requirement attaches to any 

termination of employment. The 

Department strongly recommends that 

notice be provided to individuals who 

experienced any termination of 

employment because employers may be 

subject to civil penalties if it is later 

determined that the termination was 

involuntary and notice was not 

provided. The Department has updated 

its model Notice of New Election 

Period. Using this model to provide 

notice to these individuals satisfies the 

requirements of ARRA, as amended by 

CEA. 

e. Supplemental Information Notice 

The Supplemental Information Notice 

is required to be sent by plans that are 

subject to COBRA continuation 

provisions under Federal or State law. It 

must include the information described 

above and should be provided to ALL 

individuals who elected and maintained 

COBRA continuation coverage based on 

the following qualifying events: 

• All qualifying events related to a 

termination of employment that 

occurred from March 1, 2010 through 

April 14, 2010 for which notice of the 

availability of the premium reduction 

available under ARRA was not given; or 

• Reductions of hours that occurred 

during the period from September 1, 

2008 through May 31, 2010 which were 

followed by a termination of the 

employee’s employment that occurred 

on or after March 2, 2010 and by May 

31, 2010. 

For the first item above plans must 

provide this notice to all individuals 

with a qualifying event related to any 

termination of employment if they have 

not already been provided notice of 

their rights under ARRA. This notice 

must be provided before the end of the 

required time period for providing a 

COBRA election notice. For the second 

item above, generally, individuals who 

experience an involuntary termination 

of employment from March 2, 2010 

through May 31, 2010 after experiencing 

a qualifying event that consists of a 

reduction of hours must be provided 

this notice within 60 days of the 

termination of employment. However, 

as has been noted, CEA requires plans 

to provide notices to all individuals 

with qualifying events related to ANY 

termination of employment that 

occurred from April 1, 2010 through 

April 14, 2010. In those cases, this 

notice must be provided before the end 

of the required time period for 

providing a COBRA election notice.6


emcdonald on DSK2BSOYB1PROD with NOTICES
26278 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices 

occurring during the effective dates of the premium 

reduction program are not complete if they fail to 

include information on the availability of the 

premium reduction. 

7See note 6 above. 

Because employers may be subject to 

civil penalties if it is later determined 

that the termination was involuntary, 

the Department strongly recommends 

that notice be provided to individuals 

who experienced any termination of 

employment. The Department has 

updated its model Supplemental 

Information Notice. Using this model to 

provide notice to these individuals 

satisfies the requirements of ARRA, as 

amended by CEA. 

f. Notice of Extended Election Period 

The Notice of Extended Election 

Period is required to be sent by plans 

that are subject to COBRA continuation 

provisions under Federal or State law. It 

must include the information described 

above and be provided to ALL 

individuals who experienced a 

qualifying event that was a termination 

of employment from April 1, 2010 

through April 14, 2010, were provided 

notice that did not inform them of their 

rights under ARRA, as amended by 

CEA, and either chose not to elect 

COBRA continuation coverage at that 

time OR elected COBRA but 

subsequently discontinued that 

coverage. This notice must be provided 

before the end of the required time 

period for providing a COBRA election 

notice.7 The Department has updated its 

model Notice of Extended Election 

Period. Using this model to provide 

notice to these individuals satisfies the 

requirements of ARRA, as amended by 

CEA. 

III. For Additional Information 

For additional information about 

ARRA’s COBRA premium reduction 

provisions as amended by CEA, 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 

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; 

further, 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 

display a currently valid OMB control 

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

OMB has approved the Department’s 

no-material, non-substantive change 

request for the updated notices under 

OMB Control Number 1210–0123. The 

public reporting burden for this 

collection of information is estimated to 

average approximately 3 minutes per 

respondent, including time for gathering 

and maintaining the data needed to 

complete the required disclosure. There 

is also an additional $0.44 average cost 

per response for mailing costs. 

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; Sec. 3001, Pub. L. 111–5, 123 

Stat. 115; Sec. 1010, Pub. L. 111–118, 123 

Stat. 3409; Sec. 3, Pub. L. 111–144, 124 Stat. 

42; Sec. 3, Pub. L. 111–157, 124 Stat. 1116; 

and Secretary of Labor’s Order 6–2009, 74 FR 

21524 (May 7, 2009). 

Signed at Washington, DC, this 30th day of 

April 2010. 

Phyllis C. Borzi, 

Assistant Secretary, Employee Benefits 

Security Administration. 

[FR Doc. 2010–11101 Filed 5–10–10; 8:45 am] 

BILLING CODE 4510–29–P 

LIBRARY OF CONGRESS 

Copyright Office 

[Docket No. RF 2009–1B] 

The Register of Copyrights’ and the 

Copyright Royalty Judges’ authority to 

determine the constitutionality of 17 

U.S.C. 114(f)(5) 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Final Order. 

SUMMARY: Two material questions of 

substantive law were referred to the 

Register of Copyrights concerning the 

authority of the Register of Copyrights 

and the Copyright Royalty Judges to 

determine the constitutionality of 17 

U.S.C. 114(f)(5). The Register of 

Copyrights responded by delivering a 

Memorandum Opinion to the Copyright 

Royalty Board on April 30, 2010. 

DATES: Effective Date: April 30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Tanya Sandros, Deputy General 

Counsel, or Stephen Ruwe, Attorney 

Advisor, Copyright GC/I&R, P.O. Box 

70400, Washington, DC 20024. 

Telephone: (202) 707–8380. Telefax: 

(202) 707–8366. 

SUPPLEMENTARY INFORMATION: In the 

Copyright Royalty and Distribution 

Reform Act of 2004, Congress amended 

Title 17 to replace the copyright 

arbitration royalty panels with the 

Copyright Royalty Judges (‘‘CRJs’’). One 

of the functions of the CRJs is to make 

determinations and adjustments of 

reasonable terms and rates of royalty 

payments as provided in sections 

112(e), 114, 115, 116, 118, 119 and 1004 

of the Copyright Act. The CRJs have the 

authority to request from the Register of 

Copyrights (‘‘Register’’) an interpretation 

of any material question of substantive 

law that relates to the construction of 

provisions of Title 17 and arises during 

the proceeding before the CRJs. See 17 

U.S.C. 802(f)(1)(A)(ii). 

On March 31, 2010, the Register 

received an Order from Copyright 

Royalty Judge William J. Roberts, Jr. 

referring the following two material 

questions of substantive law for her 

consideration: 

Does the Register of Copyrights have the 

authority under Chapter 7, or any other 

provisions of the Copyright Act, to 

determine the constitutionality of 17 

U.S.C. 114(f)(5)? 

Do the Copyright Royalty Judges have 

the authority under Chapter 8, or any 

other provisions of the Copyright Act, to 

determine the constitutionality of 17 

U.S.C. 114(f)(5)? 

The Register also received the briefs 

filed with the CRJs by RealNetworks, 


emcdonald on DSK2BSOYB1PROD with NOTICES