[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Notices]
[Pages 47439-47440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19331]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Notice of Research Exception Under the Genetic 
Information Nondiscrimination Act of 2008

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL) is submitting the Employee 
Benefits Security Administration (EBSA) sponsored information 
collection request (ICR) titled, ``Notice of Research Exception under 
the Genetic Information Nondiscrimination Act of 2008,'' to the Office 
of Management and Budget (OMB) for review and approval for continued 
use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 
U.S.C. 3501 et seq.).

DATES: Submit comments on or before September 7, 2012.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained from the 
RegInfo.gov Web site, http://www.reginfo.gov/public/do/PRAMain, on the 
day following publication of this notice or by contacting Michel Smyth 
by telephone at 202-693-4129 (this is not a toll-free number) or 
sending an email to [email protected].
    Submit comments about this request to the Office of Information and 
Regulatory Affairs, Attn: OMB Desk Officer for DOL-EBSA, Office of 
Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 
20503, Telephone: 202-395-6929/Fax: 202-395-6881 (these are not toll-
free numbers), email: [email protected].

FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at 
202-693-4129 (this is not a toll-free number) or by email at [email protected].

    Authority: 44 U.S.C. 3507(a)(1)(D).

SUPPLEMENTARY INFORMATION: Title I of the Genetic Information 
Nondiscrimination Act of 2008 (GINA), Public Law 110-233, amended the 
Employee Retirement Income Security Act of 1974, the Public Health 
Service Act, the Internal Revenue Code of 1986, and the Social Security 
Act to prohibit discrimination in health coverage based on genetic 
information. GINA sections 101 through 103 generally prevent 
employment-based group health plans and health insurance issuers in the 
group and individual markets from discriminating based on genetic 
information, and from collecting such information. The GINA and its 
implementing interim final regulations at 29 CFR 2590.702A(c)(5) 
provide a research exception to the limitations on requesting or 
requiring genetic testing that allow a group health plan or group 
health insurance issuer to request, but not require, a participant or 
beneficiary to undergo a genetic test if specified conditions are 
satisfied that include making certain disclosures to the participant or 
beneficiary.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by the OMB under the PRA and displays 
a currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information if the 
collection of information does not display a valid Control Number. See 
5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this 
information collection under Control Number 1210-0136. The current 
approval is scheduled to expire on August 31, 2012; however, it should 
be noted that existing information collection requirements submitted to 
the OMB receive a month-to-month extension while they undergo review. 
For additional information, see the related notice published in the 
Federal Register on April 5, 2012 (77 FR 20650).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section within 30 days of publication of this notice in 
the Federal Register. In order to help ensure appropriate 
consideration, comments should mention OMB Control Number 1210-0136. 
The OMB is particularly interested in comments that:
     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

[[Page 47440]]

     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: DOL-EBSA.
    Title of Collection: Notice of Research Exception under the Genetic 
Information Nondiscrimination Act of 2008.
    OMB Control Number: 1210-0136.
    Affected Public: Private Sector--Businesses or other for-profits.
    Total Estimated Number of Respondents: 3.
    Total Estimated Number of Responses: 3.
    Total Estimated Annual Burden Hours: 1.
    Total Estimated Annual Other Costs Burden: $11.

    Dated: August 1, 2012.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2012-19331 Filed 8-7-12; 8:45 a.m.]
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