[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Notices]
[Pages 8303-8304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03118]


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PENSION BENEFIT GUARANTY CORPORATION


Withdrawal of Prior Notice; Proposed Submission of Information 
Collection for OMB Review; Comment Request; Medical Exception Request

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice of withdrawal; Notice of intent to request extension of 
OMB approval of information collection.

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SUMMARY: The Pension Benefit Guaranty Corporation (PBGC) published a 
notice in the Federal Register of its intent to request that the Office 
of Management and Budget (OMB) extend approval, without change, under 
the Paperwork Reduction Act (PRA), a collection of information for its 
employees to request a medical exception to the COVID-19 vaccination 
requirement on January 28, 2022. That notice is withdrawn in light of 
the January 21, 2022 nationwide preliminary injunction enjoining 
implementation and enforcement of the federal employee vaccination 
requirement pursuant to Executive Order 14043. PBGC seeks comment on 
its new notice of intent to request that OMB approve, without change, 
under the PRA, a collection of information for its employees to request 
a medical exception to the COVID-19 vaccination requirement.

DATES: The document published on January 28, 2022 (87 FR 4667) is

[[Page 8304]]

withdrawn as of February 14, 2022. Comments on this notice of intent 
must be submitted on or before April 15, 2022.

ADDRESSES: Comments may be submitted by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Refer to OMB control 
number 1212-0075 in the subject line.
     Mail or Hand Delivery: Regulatory Affairs Division, Office 
of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K 
Street NW, Washington, DC 20005-4026.
    Commenters are strongly encouraged to submit public comments 
electronically. PBGC expects to have limited personnel available to 
process public comments that are submitted on paper through mail. Until 
further notice, any comments submitted on paper will be considered to 
the extent practicable.
    All submissions received must include the agency's name (Pension 
Benefit Guaranty Corporation, or PBGC) and refer to OMB control number 
1212-0075. All comments received will be posted without change to 
PBGC's website, http://www.pbgc.gov, including any personal information 
provided. Commenters should not include any information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (``confidential business 
information''). Submission of confidential business information without 
a request for protected treatment constitutes a waiver of any claims of 
confidentiality.
    Copies of the collection of information may be obtained by writing 
to Disclosure Division, Office of the General Counsel, Pension Benefit 
Guaranty Corporation, 1200 K Street NW, Washington, DC 20005-4026, or 
calling 202-229-4040 during normal business hours. If you are deaf, 
hard of hearing, or have a speech disability, please dial 7-1-1 to 
access telecommunications relay services.

FOR FURTHER INFORMATION CONTACT: Melissa Rifkin 
([email protected]), Attorney, Regulatory Affairs Division, 
Office of the General Counsel, Pension Benefit Guaranty Corporation, 
1200 K Street NW, Washington, DC 20005-4026; 202-229-6563. If you are 
deaf, hard of hearing, or have a speech disability, please dial 7-1-1 
to access telecommunications relay services.

SUPPLEMENTARY INFORMATION: This notice replaces the notice published on 
January 28, 2022 (87 FR 4667), which PBGC withdraws.
    Under Executive Order 14043, every Federal agency must ``implement, 
to the extent consistent with applicable law, a program to require 
COVID-19 vaccination for all of its Federal employees, with exceptions 
only as required by law.'' In following this directive, the Pension 
Benefit Guaranty Corporation (PBGC) imposed a requirement that its 
employees must receive and submit proof of a COVID-19 vaccination. As 
required by 29 U.S.C. 701 et seq. and 29 CFR part 1630, PBGC allows an 
exception from the vaccination requirement for employees who 
demonstrate medical reasons or disabilities that would make the COVID-
19 vaccine unsafe for them. To obtain this exception, employees must 
complete the Request for Medical Exception to COVID-19 Vaccination 
Requirement form. PBGC uses the information on this form to verify 
employees' assertions that they are entitled to an exception to the 
COVID-19 vaccination requirement because of their medical or disability 
statuses.
    The medical exception request collection of information has been 
approved by OMB under control number 1212-0075 (expires May 31, 2022). 
PBGC intends to request that OMB extend its approval for 3 years. An 
agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number.
    PBGC estimates that an average of 2 employees each year will submit 
Request for Medical Exception to COVID-19 Vaccination Requirement 
forms. The total estimated annual burden of the collection of 
information is 0.5 hours and $0.
    PBGC is soliciting public comments to--
     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 methodologies 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 submission of responses.

A Notice Regarding Injunctions

    The vaccination requirement issued pursuant to E.O. 14043 is 
currently the subject of a nationwide injunction. While that injunction 
remains in place, PBGC will not process requests for a medical 
exception from the COVID-19 vaccination requirement pursuant to E.O. 
14043. PBGC will also not request the submission of any medical 
information related to a request for an exception from the vaccination 
requirement pursuant to E.O. 14043 while the injunction remains in 
place. But PBGC may nevertheless receive information regarding a 
medical exception. That is because, if PBGC were to receive a request 
for an exception from the COVID-19 vaccination requirement pursuant to 
E.O. 14043 during the pendency of the injunction, PBGC will accept the 
request, hold it in abeyance, and notify the employee who submitted the 
request that implementation and enforcement of the COVID-19 vaccination 
requirement pursuant to E.O. 14043 is currently enjoined and that an 
exception therefore is not necessary so long as the injunction is in 
place. In other words, during the pendency of the injunction, any 
information collection related to requests for medical exception from 
the COVID-19 vaccination requirement pursuant to E.O. 14043 is not 
undertaken to implement or enforce the COVID-19 vaccination 
requirement.

    Issued in Washington, DC.
Hilary Duke,
Assistant General Counsel for Regulatory Affairs, Pension Benefit 
Guaranty Corporation.
[FR Doc. 2022-03118 Filed 2-11-22; 8:45 am]
BILLING CODE 7709-02-P