[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Notices]
[Pages 66576-66577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27530]


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DEPARTMENT OF LABOR

Office of the Secretary


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

ACTION: Notice.

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SUMMARY: On October 30, 2015, the Department of Labor (DOL) will submit 
the Employee Benefits Security Administration (EBSA) sponsored 
information collection request (ICR) titled, ``Genetic Information 
Nondiscrimination Act of 2008 Research Exception Notice,'' to the 
Office of Management and Budget (OMB) for review and approval for 
continued use, without change, in accordance with the Paperwork 
Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on 
the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before November 30, 2015.

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 free of charge 
from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201509-1210-003 (this link will only become active 
on October 31, 2015) or by contacting Michel Smyth by telephone at 202-
693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by 
email at [email protected].
    Submit comments about this request by mail or courier 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; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: [email protected]. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor-OASAM, Office of the 
Chief Information Officer, Attn: Departmental Information Compliance 
Management Program, Room N1301, 200 Constitution Avenue NW., 
Washington, DC 20210; or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693-
4129, TTY 202-693-8064, (these are not toll-free numbers) or by email 
at [email protected].

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

SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for 
the Genetic Information Nondiscrimination Act of 2008 (GINA), Public 
Law 110-233, Research Exception Notice information collection codified 
in regulations 29 CFR 2590.702A(c)(5)(iv). GINA sections 101 through 
104 respectively amended the Employee Retirement Income Security Act of 
1974 (ERISA), 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 amended ERISA section 702 by adding paragraph (c) 
that limits a group health plan and an insurer offering such a plan 
from requesting or requiring genetic testing. See 29 U.S.C. 1182(c). 
Paragraph (c)(4) provides a research exception that allows 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. See 29 U.S.C. 
1182(c)(4). The EBSA has developed a prototype notice that may be used. 
GINA section 101(f) authorizes this information collection. See 29 
U.S.C. 1132 note.
    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 that 
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.
    OMB authorization for an ICR cannot be for more than three (3) 
years without renewal, and the current approval for this collection is 
scheduled to expire on October 31, 2015. The DOL seeks to extend PRA 
authorization for this information collection for three (3) more years, 
without any change to existing requirements. The DOL notes that 
existing information collection requirements submitted to the OMB 
receive a month-to-month extension while they undergo review. For 
additional substantive information about this ICR, see the related 
notice published in the Federal Register on June 17, 2015 (80 FR 
34696).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section by November 30, 2015. 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
     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,

[[Page 66577]]

e.g., permitting electronic submission of responses.
    Agency: DOL-EBSA.
    Title of Collection: Genetic Information Nondiscrimination Act of 
2008 Research Exception Notice.
    OMB Control Number: 1210-0136.
    Affected Public: Private Sector--businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 3.
    Total Estimated Number of Responses: 3.
    Total Estimated Annual Time Burden: 1 hour.
    Total Estimated Annual Other Costs Burden: $16.

    Dated: October 23, 2015.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2015-27530 Filed 10-28-15; 8:45 am]
 BILLING CODE 4510-29-P