60482 Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices 

at (202) 693–2350, (TTY (877) 889– 

5627). 

Comments and submissions are 

posted without change at http:// 

www.regulations.gov. Therefore, OSHA 

cautions commenters about submitting 

personal information such as social 

security numbers and date of birth. 

Although all submissions are listed in 

the http://www.regulations.gov index, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through this Web site. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

Information on using the http:// 

www.regulations.gov Web site to submit 

comments and access the docket is 

available at the Web site’s ‘‘User Tips’’ 

link. Contact the OSHA Docket Office 

for information about materials not 

available through the Web site, and for 

assistance in using the Internet to locate 

docket submissions. 

V. Authority and Signature 

David Michaels, PhD, MPH, Assistant 

Secretary of Labor for Occupational 

Safety and Health, directed the 

preparation of this notice. The authority 

for this notice is the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3506 

et seq.) and Secretary of Labor’s Order 

No. 5–2007 (72 FR 31160). 

Signed at Washington, DC on September 

27, 2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–24560 Filed 9–29–10; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Proposed Extension of Information 

Collection Request Submitted for 

Public Comment; Affordable Care Act 

Enrollment Opportunity Notice 

Relating to Dependent Coverage; 

Affordable Care Act Grandfathered 

Health Plan Disclosure and 

Recordkeeping Requirement; 

Affordable Care Act Rescission Notice; 

Affordable Care Act Patient 

Protections Notice; Affordable Care 

Act Enrollment Opportunity Notice— 

Prohibition on Lifetime Limits 

AGENCY: Employee Benefits Security 

Administration, Department of Labor. 

ACTION: Notice. 

SUMMARY: The Department of Labor (the 

Department), in accordance with the 

Paperwork Reduction Act of 1995 (PRA 

95) (44 U.S.C. 3506(c)(2)(A)), provides 

the general public and Federal agencies 

with an opportunity to comment on 

proposed and continuing collections of 

information. This helps the Department 

assess the impact of its information 

collection requirements and minimize 

the public’s reporting burden. It also 

helps the public understand the 

Department’s information collection 

requirements and provide the requested 

data in the desired format. The 

Employee Benefits Security 

Administration (EBSA) is soliciting 

comments on the proposed extension of 

the information collection provisions of 

the regulations under the Patient 

Protection and Affordable Care Act 

(Affordable Care Act) that are discussed 

below. A copy of the information 

collection requests (ICRs) may be 

obtained by contacting the office listed 

in the ADDRESSES section of this notice. 

ICRs also are available at reginfo.gov 

(http://www.reginfo.gov/public/do/ 

PRAMain). 

DATES: Written comments must be 

submitted to the office shown in the 

Addresses section on or before 

November 29, 2010. 

ADDRESSES: G. Christopher Cosby, 

Department of Labor, Employee Benefits 

Security Administration, 200 

Constitution Avenue, NW., Washington, 

DC 20210, (202) 693–8410, FAX (202) 

693–4745 (these are not toll-free 

numbers). 

SUPPLEMENTARY INFORMATION: 

This notice requests public comment 

on the Department’s request for 

extension of the Office of Management 

and Budget’s (OMB) approval of the 

information collection requests (ICRs) 

contained in the rules described below 

that relate to the Affordable Care Act. 

OMB approved the ICRs under the 

emergency procedures for review and 

clearance in accordance with the 

Paperwork Reduction Act of 1995 (Pub. 

L. 104–13, 44 U.S.C. Chapter 35) and 5 

CFR 1320.13. The Department is not 

proposing any changes to the existing 

ICRs at this time. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, an information 

collection unless it displays a valid 

OMB control number. A summary of the 

ICRs and the current burden estimates 

follows: 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Affordable Care Act Enrollment 

Opportunity Notice Relating to 

Dependent Coverage. 

Type of Review: Extension without 

change of a currently approved 

collection of information. 

OMB Number: 1210–0139. 

Affected Public: Individuals or 

households; Business or other for-profit; 

Not-for-profit institutions. 

Respondents: 2,800,000. 

Responses: 79,573,000. 

Estimated Total Burden Hours: 

411,000. 

Estimated Total Burden Cost 

(Operating and Maintenance): 

$1,233,500. 

Description: Section 2714 of the 

Public Health Service Act (PHS Act), as 

added by the Affordable Care Act, and 

the Department’s interim final 

regulation (29 CFR 2590.715–2714) 

require group health plans and health 

insurance insurers offering group or 

individual health insurance coverage 

that makes dependent coverage 

available for children to continue to 

make coverage available to such 

children until the attainment of age 26. 

Coverage does not have to be extended 

to children of a child receiving 

dependent coverage. For plan years 

beginning on or after September 23, 

2010 and before January 1, 2014, a 

grandfathered group health plan is not 

required to offer coverage to a 

dependent child under 26 who is 

otherwise eligible for employersponsored insurance. For plans with 

initial years on or after January 1, 2014, 

the plan must offer coverage regardless 

of whether the dependent child is 

otherwise eligible for coverage through 

employer sponsored insurance. 

Before the applicability date of PHS 

Act section 2714, an individual who 

was covered under a group health plan 

(or group health insurance coverage) as 

a dependent may have lost eligibility for 

coverage under the plan due to age 

before attaining age 26. Moreover, if a 

child was under age 26 when a parent 

first became eligible for coverage, but 

older than the age at which the plan 

stopped covering children, the child 

would not have become eligible for 

coverage. When the provisions of PHS 

Act section 2714 become applicable to 

the plan (or coverage), the plan or 

coverage can no longer exclude coverage 

for the individual until age 26. 

Accordingly, the interim final 

regulation (29 CFR 2590.715–2714(f)) 

requires plans to provide a notice of an 

enrollment opportunity to individuals 

whose coverage ended, or who was 

denied coverage (or was not eligible for 

coverage) under a group health plan or 

group health insurance coverage 

because, under the terms of the plan or 

coverage, the availability of dependent 

coverage of children ended before the 

attainment of age 26. The Affordable 

Care Act dependent coverage 

enrollment opportunity notice is an 

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Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices 60483 

information collection request (ICR) 

subject to the PRA. 

The enrollment opportunity must 

continue for at least 30 days, regardless 

of whether the plan or coverage offers 

an open enrollment period and 

regardless of when any open enrollment 

period might otherwise occur. This 

enrollment opportunity must be 

presented not later than the first day of 

the first plan year (or, in the individual 

market, policy year) beginning on or 

after September 23, 2010 (which is the 

applicability date of PHS Act sections 

2714). Coverage must begin not later 

than the first day of the first plan year 

(or policy year in the individual market) 

beginning on or after September 23, 

2010. The ICR currently is scheduled to 

expire on November 30, 2010. 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Affordable Care Act 

Grandfathered Health Plan Disclosure 

and Recordkeeping Requirement. 

Type of Review: Extension without 

change of a currently approved 

collection of information. 

OMB Number: 1210–0140. 

Affected Public: Individuals or 

households; Business or other for-profit; 

Not-for-profit institutions. 

Respondents: 2,200,000. 

Responses: 56,347,000. 

Estimated Total Burden Hours: 

323,000. 

Estimated Total Burden Cost 

(Operating and Maintenance): $437,000. 

Description: Section 1251 of the Act 

provides that certain plans and health 

insurance coverage in existence as of 

March 23, 2010, known as 

grandfathered health plans, are not 

required to comply with certain 

statutory provisions in the Act. To 

maintain its status as a grandfathered 

health plan, the interim final regulations 

(29 CFR 2590.715–1251(a)(3)) require 

the plan to maintain records 

documenting the terms of the plan in 

effect on March 23, 2010, and any other 

documents that are necessary to verify, 

explain or clarify status as a 

grandfathered health plan. The plan 

must make such records available for 

examination upon request by 

participants, beneficiaries, individual 

policy subscribers, or a State or Federal 

agency official. 

The interim final regulations (29 CFR 

2590.715–1251(a)(2)) also require a 

grandfathered health plan to include a 

statement in any plan material provided 

to participants or beneficiaries 

describing the benefits provided under 

the plan or health insurance coverage, 

that the plan or coverage believes it is 

a grandfathered health plan within the 

meaning of section 1251 of the 

Affordable Care Act, that being a 

grandfathered health plan means that 

the plan does not include certain 

consumer protections of the Affordable 

Care Act, and providing contact 

information for participants to direct 

questions regarding which protections 

apply and which protections do not 

apply to a grandfathered health plan 

and what might cause a plan to change 

from grandfathered health plan status 

and to file complaints. 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Affordable Care Act Advanced 

Notice of Rescission. 

Type of Review: Extension without 

change of a currently approved 

collection of information. 

OMB Number: 1210–0141. 

Affected Public: Individuals or 

households; Business or other for-profit; 

Not-for-profit institutions. 

Respondents: 100. 

Responses: 1,600. 

Estimated Total Burden Hours: 26. 

Estimated Total Burden Cost 

(Operating and Maintenance): $400. 

Description: Section 2712 of the PHS 

Act, as added by the Affordable Care 

Act, and the Department’s interim final 

regulation (26 CFR 54.9815–2712, 29 

CFR 2590.715–2712, 45 CFR 147.2712) 

provides rules regarding rescissions of 

health coverage for group health plans 

and health insurance issuers offering 

group or individual health insurance 

coverage. Under the statute and these 

interim final regulations, a group health 

plan, or a health insurance issuer 

offering group or individual health 

insurance coverage, generally must not 

rescind coverage except in the case of 

fraud or an intentional 

misrepresentation of a material fact. 

This standard applies to all rescissions, 

whether in the group or individual 

insurance market, or self-insured 

coverage. These rules also apply 

regardless of any contestability period of 

the plan or issuer. 

PHS Act section 2712 adds a new 

advance notice requirement when 

coverage is rescinded where still 

permissible. Specifically, the second 

sentence in section 2712 provides that 

coverage may not be cancelled unless 

prior notice is provided, and then only 

as permitted under PHS Act sections 

2702(c) and 2742(b). Under the interim 

final regulations, even if prior notice is 

provided, rescission is only permitted in 

cases of fraud or an intentional 

misrepresentation of a material fact as 

permitted under the cited provisions. 

The interim final regulations provide 

that a group health plan, or a health 

insurance issuer offering group health 

insurance coverage, must provide at 

least 30 days advance notice to an 

individual before coverage may be 

rescinded. The notice must be provided 

regardless of whether the rescission is of 

group or individual coverage; or 

whether, in the case of group coverage, 

the coverage is insured or self-insured, 

or the rescission applies to an entire 

group or only to an individual within 

the group. The ICR is schedule to expire 

on December 31, 2010. 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Affordable Care Act Patient 

Protection Notice. 

Type of Review: Extension without 

change of a currently approved 

collection of information. 

OMB Number: 1210–0142. 

Affected Public: Individuals or 

households; Business or other for-profit; 

Not-for-profit institutions. 

Respondents: 261,680. 

Responses: 6,186,404. 

Estimated Total Burden Hours: 

33,000. 

Estimated Total Burden Cost 

(Operating and Maintenance): $48,000. 

Description: Section 2719A of the 

PHS Act, as added by the Affordable 

Care Act, and the Department’s interim 

final regulation (29 CFR 2590.715– 

2719A) that if a group health plan, or a 

health insurance issuer offering group or 

individual health insurance coverage, 

requires or provides for designation by 

a participant, beneficiary, or enrollee of 

a participating primary care provider, 

then the plan or issuer must permit each 

participant, beneficiary, or enrollee to 

designate any participating primary care 

provider who is available to accept the 

participant, beneficiary, or enrollee. 

The statute and the interim final 

regulations impose a requirement for the 

designation of a pediatrician similar to 

the requirement for the designation of a 

primary care physician. Specifically, if 

a plan or issuer requires or provides for 

the designation of a participating 

primary care provider for a child by a 

participant, beneficiary, or enrollee, the 

plan or issuer must permit the 

designation of a physician (allopathic or 

osteopathic) who specializes in 

pediatrics as the child’s primary care 

provider if the provider participates in 

the network of the plan or issuer. 

The statute and the interim final 

regulations also provide that a group 

health plan, or a health insurance issuer 

may not require authorization or referral 

by the plan, issuer, or any person 

(including a primary care provider) for 

a female participant, beneficiary, or 

enrollee who seeks obstetrical or 

gynecological care provided by an innetwork health care professional who 

specializes in obstetrics or gynecology. 

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60484 Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices 

When applicable, it is important that 

individuals enrolled in a plan or health 

insurance coverage know of their rights 

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. 

Accordingly, paragraph (a)(4) of the 

interim final regulations requires such 

plans and issuers to provide a notice to 

participants (in the individual market, 

primary subscribers) of these rights 

when applicable. Model language is 

provided in the interim final 

regulations. The notice must be 

provided whenever the plan or issuer 

provides a participant with a summary 

plan description or other similar 

description of benefits under the plan or 

health insurance coverage, or in the 

individual market, provides a primary 

subscriber with a policy, certificate, or 

contract of health insurance. The ICR 

currently is scheduled to expire on 

December 31, 2010. 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Affordable Care Act Enrollment 

Opportunity Notice—Prohibition on 

Lifetime Limits. 

Type of Review: Extension without 

change of a currently approved 

collection of information. 

OMB Number: 1210–0143. 

Affected Public: Individuals or 

households; Business or other for-profit; 

Not-for-profit institutions. 

Respondents: 315. 

Responses: 29,000. 

Estimated Total Burden Hours: 1,300. 

Estimated Total Burden Cost 

(Operating and Maintenance): $7,000. 

Description: Section 2711 of the PHS 

Act, as added by the Affordable Care 

Act and the Department’s interim final 

regulation (29 CFR 2590.715–2711) The 

Affordable Care Act dependent coverage 

enrollment opportunity notice is an 

information collection request (ICR) 

subject to the PRA. Before the 

applicability date of PHS Act section 

2711, an individual may have met a 

lifetime limit under a group health plan 

or health insurance coverage and 

therefore lost coverage under the plan or 

coverage. When the provisions of PHS 

Act section 2711 become applicable to 

the plan (or coverage), the plan (or 

coverage) can no longer exclude 

coverage for the individual by operation 

of the lifetime limit. 

Accordingly, the interim final 

regulations (29 CFR 2590.715–2800) 

require plans to provide a notice of an 

enrollment opportunity to an individual 

whose coverage ended due to reaching 

a lifetime limit on the dollar value of all 

benefits for any individual. 

The enrollment opportunity must 

continue for at least 30 days, regardless 

of whether the plan or coverage offers 

an open enrollment period and 

regardless of when any open enrollment 

period might otherwise occur. This 

enrollment opportunity must be 

presented not later than the first day of 

the first plan year (or, in the individual 

market, policy year) beginning on or 

after September 23, 2010 (which is the 

applicability date of PHS Act sections 

2714). Coverage must begin not later 

than the first day of the first plan year 

(or policy year in the individual market) 

beginning on or after September 23, 

2010. The ICR currently is scheduled to 

expire on December 31, 2010. 

III. Focus of Comments 

The Department of Labor 

(Department) is particularly interested 

in comments that: 

• Evaluate whether the collections of 

information are 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 collections 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 

collections 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 

submissions of responses. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the ICRs for OMB approval 

of the extension of the information 

collection; they will also become a 

matter of public record. 

Dated: September 28, 2010. 

Joseph S. Piacentini, 

Director, Office of Policy and Research, 

Employee Benefits Security Administration. 

[FR Doc. 2010–24674 Filed 9–29–10; 8:45 am] 

BILLING CODE 4510–29–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[Notice: (10–115)] 

NASA Advisory Council; Science 

Committee; Earth Science 

Subcommittee; Applied Sciences 

Advisory Group Meeting 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Notice of meeting. 

SUMMARY: In accordance with the 

Federal Advisory Committee Act, Public 

Law 92–463, as amended, the National 

Aeronautics and Space Administration 

(NASA) announces a meeting of the 

Applied Science Advisory Group. This 

Subcommittee reports to the Earth 

Science Subcommittee Committee of the 

NASA Advisory Council. The Meeting 

will be held for the purpose of soliciting 

from the scientific community and other 

persons scientific and technical 

information relevant to program 

planning. 

DATES: Thursday October 21, 2010, 8:30 

a.m. to 5 p.m., and Friday, October 22, 

2010, 8:30 a.m. to 1 p.m. Local Time. 

ADDRESSES: NASA Headquarters, 300 E 

Street, SW., Room 7H45–A and 3H46– 

A, respectively, Washington, DC 20546. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Peter Meister, Science Mission 

Directorate, NASA Headquarters, 

Washington, DC 20546, (202) 358–1557, 

fax (202) 358–4118, or 

peter.g.meister@nasa.gov. 

SUPPLEMENTARY INFORMATION: The 

meeting will be open to the public up 

to the capacity of the room. The agenda 

for the meeting includes the following 

topics: 

—Applied Sciences Program Update. 

—Performance Measures Discussion. 

—Report from Earth Science 

Subcommittee Meeting. 

It is imperative that the meeting be 

held on these dates to accommodate the 

scheduling priorities of the key 

participants. Attendees will be 

requested to sign a register and to 

comply with NASA security 

requirements, including the 

presentation of a valid picture ID, before 

receiving an access badge. Foreign 

nationals attending this meeting will be 

required to provide a copy of their 

passport, visa, or green card in addition 

to providing the following information 

no less than 10 working days prior to 

the meeting: full name; gender; date/ 

place of birth; citizenship; visa/green 

card information (number, type, 

expiration date); passport information 

(number, country, expiration date); 

mstockstill on DSKH9S0YB1PROD with NOTICES6