[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Notices]
[Pages 24040-24041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11977]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection Request Submitted 
for Public Comment; COBRA Notification Requirements--American Recovery 
and Reinvestment Act of 2009

AGENCY: Employee Benefits Security Administration, Department of Labor.

ACTION: Notice.

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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 reporting burden on the public and helps 
the public understand the Department's information collection 
requirements and provide the requested data in the desired format. 
Currently, the Employee Benefits Security Administration is soliciting 
comments on the revision of the information collection provisions of 
its final rule at 29 CFR Part 2590, Health Care Continuation Coverage 
to reflect the hour and cost burden associated with the COBRA 
notification requirements under the American Recovery and Reinvestment 
Act of 2009. A copy of the information collection request (ICR) may be 
obtained by contacting the office listed in the ADDRESSES section of 
this notice.

DATES: Written comments must be submitted to the office shown in the 
ADDRESSES section on or before July 21, 2009.

ADDRESSES: Direct all 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-5647, 
Washington, DC 20210. Telephone: (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: 
<a href="/cdn-cgi/l/email-protection#82e7e0f1e3acedf2f0c2e6edeeace5edf4"><span class="__cf_email__" data-cfemail="40252233216e2f303200242f2c6e272f36">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    The continuation coverage provisions of section 601 through 608 of 
ERISA (and parallel provisions of the Internal Revenue Code (Code)) 
generally require group health plans to offer qualified beneficiaries 
the opportunity to elect continuation coverage following certain events 
that would otherwise result in the loss of coverage. Continuation 
coverage is a temporary extension of the qualified beneficiary's 
previous group health coverage. The right to elect continuation 
coverage allows individuals to maintain group health coverage under 
adverse circumstances and to bridge gaps in health coverage that 
otherwise could limit their access to health care.
    COBRA provides the Secretary of Labor (the Secretary) with 
authority under section 608 of ERISA to carry out the continuation 
coverage provisions. The Conference Report that accompanied COBRA 
divided interpretive authority over the COBRA provisions between the 
Secretary and the Secretary of the Treasury (the Treasury) by providing 
that the Secretary has the authority to issue regulations implementing 
the notice and disclosure requirements of COBRA, while the Treasury is 
authorized to issue regulations defining the required continuation 
coverage.
    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 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.
    On March 17, 2009, the Office of Management and Budget (OMB) 
approved the model notices as a revision to OMB Control Number 1210-
0123 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. On March 20, 2009, the Department 
published a Federal Register notice announcing the availability of the 
notices on its Web site (74 FR11971) at http://www.dol.gov/ebsa/COBRA.html. OMB's approval of the revision currently is scheduled to 
expire on September 30, 2009.

II. Current Actions

    This notice requests public comment pertaining to the Department's 
request for extension of OMB's approval of its revision to OMB Control 
Number 1210-0123 relating to the ARRA model notices. After considering 
comments received in response to this notice, the Department intends to 
submit an ICR to OMB for continuing approval. No change to the existing 
ICR is proposed or made at this time. The Department notes that 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 ICR and the current burden estimates 
follows:

[[Page 24041]]

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: COBRA Notification Requirements--American Recovery and 
Reinvestment Act of 2009.
    Type of Review: Revision of a currently approved collection of 
information.
    OMB Number: 1210-0123.
    Affected Public: Individuals or households; business or other for-
profit; not-for-profit institutions.
    Respondents: 593,000.
    Frequency of Responses: On occasion.
    Responses: 38,115,000.
    Estimated Total Burden Hours: None.
    Estimated Total Burden Cost (Operating and Maintenance): 
$34,500,000.

III. Desired Focus of Comments

    The Department of Labor (Department) is particularly interested in 
comments that:
    <bullet> Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    <bullet> 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;
    <bullet> Enhance the quality, utility, and clarity of the 
information to be collected; and
    <bullet> 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 submissions of responses.
    Comments submitted in response to this notice will be summarized 
and/or included in the ICR for OMB approval of the extension of the 
information collection; they will also become a matter of public 
record.

    Dated: May 18, 2009.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security 
Administration.
[FR Doc. E9-11977 Filed 5-21-09; 8:45 am]
BILLING CODE 4510-29-P


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