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Submission for OMB Emergency Review: Comment Request   [5/4/2009]
[PDF]
FR Doc E9-10142
[Federal Register: May 4, 2009 (Volume 74, Number 84)]
[Notices]               
[Page 20503]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my09-89]                         

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DEPARTMENT OF LABOR

Office of the Secretary

 
Submission for OMB Emergency Review: Comment Request

April 29, 2009.
    The Department of Labor has submitted the following information 
collection request (ICR), utilizing emergency review procedures, to the 
Office of Management and Budget (OMB) 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. OMB approval has been requested 
by May 15, 2009. A copy of this ICR, with applicable supporting 
documentation; including among other things a description of the likely 
respondents, proposed frequency of response, and estimated total burden 
may be obtained from the RegInfo.gov Web site at http://
www.reginfo.gov/public/do/PRAMain or by contacting Darrin King on 202-
693-4129 (this is not a toll-free number)/e-mail: DOL_PRA_
PUBLIC@dol.gov. Interested parties are encouraged to send comments to 
the Office of Information and Regulatory Affairs, Attn: OMB Desk 
Officer for the Department of Labor--EBSA, Office of Management and 
Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-7316/Fax: 
202-395-6974 (these are not toll-free numbers), E-mail: OIRA_
submission@omb.eop.gov. Comments and questions about the ICR listed 
below should be received 5 days prior to the requested OMB approval 
date.
    The OMB is particularly interested in comments which:
     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;
     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 submissions of responses.
    Agency: Employee Benefits Security Administration.
    Title of Collection: Application to the Department of Labor for 
Expedited Review of Denial of COBRA Premium Assistance.
    OMB Control Number: New.
    Frequency of Collection: On occasion.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Total Estimated Number of Respondents: 95,000.
    Total Estimated Annual Burden Hours: 95,000.
    Total Net Estimated Annual Costs Burden (other than hourly costs): 
$52,000.
    Description: Section 3001 of the American Recovery and Reinvestment 
Act of 2009 (ARRA) provides ``Assistance Eligible Individuals'' with 
the right to pay reduced COBRA premiums for up to 9 months. To be 
considered an ``Assistance Eligible Individual'' and receive premium 
reduction an individual must: (1) Be eligible for, and elect, COBRA 
continuation coverage, (2) have experienced an involuntary termination 
of employment which led to the COBRA election opportunity, (3) have 
experienced the involuntary termination during the period beginning 
September 1, 2008, and ending December 31, 2009. Individuals who 
experienced an involuntary termination of employment at any time 
between September 1, 2008, and February 16, 2009, and were offered, but 
did not elect, COBRA coverage or who elected COBRA and subsequently 
dropped it may have the right to an additional 60-day election period.
    If individuals request treatment as an assistance eligible 
individual and are denied such treatment because of their ineligibility 
for COBRA continuation coverage, ARRA section 3001(a)(5) requires the 
Secretary of Labor to provide for expedited review of the denial upon 
application to the Secretary in the form and manner the Secretary 
provides. The Secretary of Labor is required to act in consultation 
with the Secretary of the Treasury and must make a determination within 
15 business days after receipt of an individual's application for 
review.
    The ``Application to the Department of Labor for Expedited Review 
of Denial of COBRA Premium Reduction'' (the ``Application'') is the 
form that will be used by individuals to file their expedited review 
appeals. Such individuals must complete all information requested on 
the Application in order to file their review requests with the 
Department's Employee Benefits Security Administration (EBSA). An 
Application may be denied if sufficient information is not provided. 
The ICR relates to the Application.
    Why are we requesting Emergency Processing? If the Department were 
to comply with standard PRA clearance procedures, it would not be able 
to implement its expedited review program on a timely basis as required 
by ARRA section 3001(a)(5).

Darrin A. King,
Departmental Clearance Officer.
[FR Doc. E9-10142 Filed 5-1-09; 8:45 am]

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