[Federal Register Volume 79, Number 166 (Wednesday, August 27, 2014)]
[Notices]
[Pages 51197-51198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20253]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection Request Submitted 
for Public Comment; Revisions to EBSA Form 700--Certification

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 a revision of the EBSA Form 700 information collection 
request (ICR) to reflect Supreme Court of the United States interim 
order in connection with an application for an injunction in the 
pending case of Wheaton College v. Burwell (the ``Wheaton order''). 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 October 27, 2014.

ADDRESSES: Direct all written comments regarding the information 
collection request and burden estimates to the Office of Policy and 
Research, Employee Benefits Security Administration, U.S. Department of 
Labor, 200 Constitution Avenue NW., Room N-5718, 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 email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Elsewhere in today's issue of the Federal Register, the Departments 
of Labor, the Treasury, and Health and Human Services are issuing 
interim final regulations regarding coverage of certain preventive 
services under section 2713 of the Public Health Service Act (PHS Act), 
added by the Patient Protection and Affordable Care Act, as amended, 
and incorporated into the Employee Retirement Income Security Act of 
1974 and the Internal Revenue Code. Section 2713 of the PHS Act 
requires coverage without cost sharing of certain preventive health 
services by non-grandfathered group health plans and health insurance 
coverage. Among these services are women's preventive health services, 
as specified in guidelines supported by the Health Resources and 
Services Administration (HRSA).
    As authorized by final regulations issued on July 2, 2013 (78 FR 
39870), and consistent with the HRSA guidelines, group health plans 
established or maintained by certain religious employers (and group 
health insurance coverage provided in connection with such plans) are 
exempt from the otherwise applicable requirement to cover certain 
contraceptive services. Additionally, under the final regulations, 
group health plans established or maintained by certain nonprofit 
organizations that hold themselves out as religious organizations and 
that have religious objections to contraceptive coverage (eligible 
organizations) are eligible for an accommodation.
    The final regulations require each organization seeking 
accommodation to self-certify that it meets the definition of an 
eligible organization. The organization must send a copy of the self-
certification to an issuer or third-party administrator. The 
organizations seeking the accommodation must maintain the self-
certification/notification in a manner consistent with the record 
retention requirements under section 107 of the Employee Retirement 
Income Security Act of 1974, which generally requires records to be 
maintained for six years. The form that is used by eligible 
organizations for their self-certification is EBSA Form 700, which is 
an information collection request (ICR) subject to the Paperwork 
Reduction Act.
    The interim final regulations augment the final regulations and 
revise the EBSA Form 700 ICR in light of the Wheaton order. 
Specifically, the interim final regulations continue to allow eligible 
organizations to notify an issuer or third party administrator using 
EBSA Form 700, as set forth in the July 2013 final regulations. In 
addition, the interim final regulations permit an alternative process, 
consistent with the Wheaton order, under which an eligible organization 
could notify the Secretary of HHS that it will not act as the plan 
administrator or claims administrator with respect to, or contribute to 
the funding of, coverage of all or a subset of contraceptive services. 
The notification must include information sufficient to identify the 
plan, plan type (including whether it is a church plan within the 
meaning of ERISA section 3(33)), and the identity and mailing addresses 
of any third party administrators.
    On August 21, 2014, the Office of Management and Budget (OMB) 
approved the amendments to EBSA Form 700 required as a revision to OMB 
Control Number 1210-0150 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. OMB's approval of 
the revision currently is schedule to expire on February 28, 2015.

II. Current Actions

    This notice requests public comment pertaining to the Department's 
request for extension of OMB's approval of its revision to EBSA Form 
700. After considering comments received in

[[Page 51198]]

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:
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: EBSA Form 700--Certification.
    Type of Review: Revision of a currently approved collection of 
information.
    OMB Number: 1210-0150.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 122.
    Frequency of Responses: Annual.
    Responses: 122.
    Estimated Total Burden Hours: 102 (51 for DOL, 51 for HHS).
    Estimated Total Burden Cost (Operating and Maintenance): $66 ($33 
for DOL, $33 for HHS).

III. Desired Focus of Comments

    The Department of Labor (Department) 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
     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: August 19, 2014.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security 
Administration.
[FR Doc. 2014-20253 Filed 8-22-14; 3:30 pm]
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