[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Notices]
[Pages 43897-43901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15680]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Agency Information Collection Activities; Request for Public 
Comment

AGENCY: Employee Benefits Security Administration (EBSA), Department of 
Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (the Department), in accordance with 
the Paperwork Reduction Act, 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 public's 
reporting burden. It also helps the public understand the Department's 
information collection requirements and provide the requested data in 
the desired format. The Employee Benefits Security Administration 
(EBSA) is soliciting comments on the proposed extension of the 
information collection requests (ICRs) contained in the documents 
described below. A copy of the ICRs may be obtained by contacting the 
office listed in the ADDRESSES section of this notice. ICRs also are 
available at reginfo.gov (http://www.reginfo.gov/public/do/PRAMain).

DATES: Written comments must be submitted to the office shown in the 
Addresses section on or before September 20, 2022.

ADDRESSES: James Butikofer, Department of Labor, Employee Benefits 
Security Administration, 200 Constitution Avenue NW, Room N-5718, 
Washington, DC 20210, or [email protected].

SUPPLEMENTARY INFORMATION:

I. Current Actions

    This notice requests public comment on the Department's request for 
extension of the Office of Management and Budget's (OMB) approval of 
ICRs contained in the rules and prohibited transaction exemptions 
described below. The Department is not proposing any changes to the 
existing ICRs at this time. 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 ICRs and the 
burden estimates follows:
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Class Exemption for Certain Transactions Involving Purchase 
of Securities where Issuer May Use Proceeds to Reduce or Retire 
Indebtedness to Parties in Interest (PTE 1980-83).
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0064.
    Affected Public: Private sector, Businesses or other for-profits.
    Respondents: 25.
    Responses: 25.
    Estimated Total Burden Hours: 15.
    Estimated Total Burden Cost (Operating and Maintenance): $0.
    Description: Class exemption PTE 80-83, granted on November 4, 
1980, allows employee benefit plans to purchase securities, which may 
aid the issuer of the securities to reduce or retire indebtedness to a 
party in interest. The principal requirements of the exemption are that 
the securities must be sold as part of a public offering, and the price 
paid for the securities must not be in excess of the original offering 
price. This exemption also provides relief from the prohibited 
transaction provisions of Section 4975 of the Internal Revenue Code 
(the Code).
    This class exemption allows employee benefit plans to purchase 
securities that may aid the issuer of the securities to reduce or 
retire indebtedness to a party in interest. Without the relief provided 
by the class exemption, a standard type of financial/business 
transaction between financial service providers and employee benefit 
plans would be barred under ERISA's prohibited transaction provisions.
    In order to take advantage of the relief provided by this class 
exemption, employee benefit plans must comply with all of the 
applicable conditions of the exemption, including the requirement to 
keep records regarding transactions covered by the exemption that are 
sufficient to establish that the conditions of the exemption have been 
met. The records must be maintained for a period of at least six years 
from a covered transaction and must be made unconditionally available 
at their customary location for examination

[[Page 43898]]

during normal business hours by specified interested persons, including 
plan fiduciaries, participant and beneficiaries, contributing 
employers, and representatives of the Department and the Internal 
Revenue Service.
    The Department has the authority to request such records from time 
to time in the course of performing investigations; however, the 
primary purpose of the recordkeeping condition of the exemption is to 
ensure access to pertinent records by participants, fiduciaries and 
contributing employers and thereby enable oversight of compliance with 
section 408(a)(3) of ERISA, which requires that the Department ensure 
the protection of participant rights in granting exemptive relief. The 
Department has received approval from OMB for this ICR under OMB 
Control No. 1210-0064. The current approval is scheduled to expire on 
January 31, 2023.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Petition for Finding under the Employee Retirement Income 
Security Act Section 3(40).
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0119.
    Affected Public: Not for-profit institutions, Businesses or other 
for-profits.
    Respondents: 10.
    Responses: 10.
    Estimated Total Burden Hours: 50.
    Estimated Total Burden Cost (Operating and Maintenance): $42,695.
    Description: The ``multiple employer welfare arrangement'' (MEWA) 
is established and maintained under Section 3(40) of the Employee 
Retirement Income Security Act of 1974 (ERISA) for the purpose of 
offering or providing [welfare plan benefits] to the employees of two 
or more employers, (including one or more self-employed individuals), 
or their beneficiaries. Under Section 514(b)(6) of ERISA, an employee 
welfare benefit plan that is a MEWA is generally subject to state 
insurance law. However, any such plan or other arrangement that is 
established or maintained under or pursuant to one or more agreements 
that the Secretary of Labor (the Secretary) finds to be collectively 
bargained is not subject to state insurance law. Rules, codified at 29 
CFR 2570.150, set forth an administrative procedure (``procedural 
rules'') for obtaining a determination by the Secretary as to whether a 
particular MEWA that is an employee welfare benefit plan is established 
or maintained under or pursuant to one or more collective bargaining 
agreements for purposes of section 3(40) of ERISA. These procedural 
rules set forth specific criteria in 29 CFR 2510.3-40 that, if met, 
constitute a finding by the Secretary that a plan is collectively 
bargained.
    To initiate adjudicatory proceedings, an entity is required to file 
a petition for a determination under Section 3(40) of ERISA with an 
Administrative Law Judge (ALJ). The petition must identify the parties, 
describe the basis on which the petition is being filed and the plan in 
question, provide evidence that the plan satisfies the criteria to be a 
plan, and include affidavits as to both the competency of the affiant 
to testify and the facts that allegedly establish the plan as being 
established under or pursuant to agreements that the Secretary finds to 
be a collective bargaining agreement.
    This collection of information is used by the Department in 
connection with proceedings to determine whether a plan or other 
arrangement is established or maintained pursuant to one or more 
agreements that which the Secretary finds to be a collective bargaining 
agreement under Section 3(40) of ERISA. The Department has received 
approval from OMB for this ICR under OMB Control No. 1210-0119. The 
current approval is scheduled to expire on January 31, 2023.
    Title: Notice Requirements of the Health Care Continuation Coverage 
Provisions.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0123.
    Affected Public: Not for-profit institutions, Businesses or other 
for-profits.
    Respondents: 660,653.
    Responses: 18,128,968.
    Estimated Total Burden Hours: 0.
    Estimated Total Burden Cost (Operating and Maintenance): 
$37,133,409.
    Description: The Consolidated Omnibus Budget Reconciliation Act of 
1985 (COBRA) provides that under certain circumstances participants and 
beneficiaries of group health plans that satisfy the definition of 
``qualified beneficiaries'' under COBRA may elect to continue group 
health coverage temporarily following events known as ``qualifying 
events'' that would otherwise result in loss of coverage. The Secretary 
of Labor (the Secretary) has the authority under section 608 of the 
Employee Retirement Income Security Act of 1974 (ERISA) to prescribe 
regulations to carry out the provisions of Part 6 of Title I of ERISA.
    The Department has issued regulations implementing the Notice 
Requirements of Section 606 of ERISA (regulations) because the 
provision of timely and adequate notifications regarding COBRA rights 
and responsibilities is critical to a qualified beneficiary's ability 
to obtain health continuation coverage. In addition, in the 
Department's view, regulatory guidance was necessary to establish 
clearer standards for administering and processing COBRA notices.
    Under the regulatory guidelines, plan administrators are required 
to distribute notices: a general notice to be distributed to all 
participants in group health plans subject to COBRA; an employer notice 
that must be completed by the employer upon the occurrence of a 
qualifying event; a notice and election form to be sent to a 
participant upon the occurrence of a qualifying event that might cause 
the participant to lose group health coverage; an employee notice that 
may be completed by a qualified beneficiary upon the occurrence of 
certain qualifying events such as divorce or disability; and, two other 
notices, one of early termination and the other a notice of 
unavailability. Also included in the ICR are two model notices that the 
Department believes will help reduce costs for service providers in 
preparing and delivering notices to comply with the regulations.
    The provision of timely and adequate notifications is critical for 
the effective exercise of COBRA rights. Failure on the part of a plan 
administrator to meet notice requirements might result in a qualified 
beneficiary's losing out on continuation coverage, assessment of fines 
on a plan administrator, or other adverse consequences. The Department 
has received approval from OMB for this ICR under OMB Control No. 1210-
0123. The current approval is scheduled to expire on January 31, 2023.
    Title: Statutory Exemption for Cross-Trading of Securities.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0130.
    Affected Public: Not for-profit institutions, Businesses or other 
for-profits.
    Respondents: 297.
    Responses: 2,673.
    Estimated Total Burden Hours: 3,104.
    Estimated Total Burden Cost (Operating and Maintenance): $13,400.
    Description: The Statutory Exemption for Cross-Trading of 
Securities regulation (29 CFR 2550.408b-19) implements the content 
requirements for the written cross-trading policies and procedures 
required under section 408(b)(19)(H) of ERISA, as added by section 
611(g) of the Pension Protection

[[Page 43899]]

Act of 2006, Public Law 109-280 (the PPA). Section 611(g)(1) of the PPA 
created a new statutory exemption, added to section 408(b) of ERISA as 
subsection 408(b)(19), that exempts from the prohibitions of sections 
406(a)(1)(A) and 406(b)(2) of ERISA those cross-trading transactions 
involving the purchase and sale of a security between an account 
holding assets of a pension plan and any other account managed by the 
same investment manager, provided that certain conditions are 
satisfied.
    On October 7, 2008, the Department issued final regulations 
regarding cross-trading policies and procedures (73 FR 58450). The 
regulation provides that the policies and procedures for cross-trading 
under the new statutory exemption must: (1) be written in a manner 
calculated to be understood by the plan fiduciary authorizing cross-
trading, (2) be sufficiently detailed to facilitate a periodic review 
of all cross-trades by a compliance officer designated by the 
investment manager and a determination by the compliance officer that 
the cross-trades comply with the investment manager's written cross-
trading policies and procedures, (3) include, at a minimum: (a) a 
statement of general policy which describes the criteria that will be 
applied by the investment manager in determining that execution of a 
securities transaction as a cross-trade will be beneficial to both 
parties to the transaction; (b) a description of how the investment 
manager will determine the price at which the securities are cross-
traded, in a manner that is consistent with 17 CFR 270.17a-7(b) and SEC 
interpretations thereunder, including the identity of sources used to 
establish the price; (c) a description of how the investment manager's 
policies and procedures will mitigate any potentially conflicting 
division of loyalties and responsibilities to the parties involved in 
any cross-trade transaction; (d) a requirement that the investment 
manager allocate cross-trades among accounts participating in the 
cross-trading program in an objective and equitable manner and a 
description of the policies and procedures that will be used; (e) the 
identity of the compliance officer responsible for reviewing the 
investment manager's compliance with 408(b)(19) of ERISA and its 
written cross-trading policies and procedures and the compliance 
officer's qualifications for this position; (f) the steps to be 
performed by the compliance officer during its periodic review of the 
investment manager's purchases and sales of securities to ensure 
compliance with the written cross-trading policies and procedures; and 
(g) a description of the procedures by which the compliance officer 
will determine whether the requirements of section 408(b)(19) of ERISA 
are met.
    The statutory exemption requires, as a condition to exemptive 
relief, that an investment manager's policies and procedures regarding 
cross-trading be provided in advance to the fiduciary of any plan that 
is considering agreeing to allow its assets to be managed under the 
investment manager's cross-trading program. The investment manager is 
also required, under the statutory exemption, to designate a compliance 
officer responsible for periodically reviewing the investment manager's 
cross-trading program to ensure compliance with the investment 
manager's cross-trading written policies and procedures. The statutory 
exemption requires the compliance officer to issue an annual report to 
each plan fiduciary describing the steps performed during the course of 
the review, the level of compliance, and any specific instances of 
noncompliance. The exemption does not require any reporting or filing 
with the Federal government
    The information will be used by the plan fiduciary to assess the 
initial and continued appropriateness of investing plan assets subject 
to a cross-trading program. The information will enable the plan 
fiduciary to fulfill its fiduciary duties under the plan and to protect 
plan assets on behalf of plan participants and beneficiaries. The 
Department has received approval from OMB for this ICR under OMB 
Control No. 1210-0130. The current approval is scheduled to expire on 
January 31, 2023.
    Title: Model Employer Children's Health Insurance Program Notice.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0137.
    Affected Public: Businesses or other for-profits, Farms, Not for-
profit institutions.
    Respondents: 6,197,922.
    Responses: 198,845,095.
    Estimated Total Burden Hours: 721,891.
    Estimated Total Burden Cost (Operating and Maintenance): 
$17,325,373.
    Description: On February 4, 2009, President Obama signed the 
Children's Health Insurance Program Reauthorization Act of 2009 
(CHIPRA, Pub. L. 111-3). Under ERISA section 701(f)(3)(B)(i)(I), Public 
Health Service Act (PHS) section 2701(f)(3)(B)(i)(I), and section 
9801(f)(3)(B)(i)(I) of the Internal Revenue Code, as added by 
Children's Health Insurance Program Reauthorization Act of 2009 
(CHIPRA), an employer that maintains a group health plan in a State 
that provides medical assistance under a State Medicaid plan under 
title XIX of the Social Security Act (SSA), or child health assistance 
under a State child health plan under title XXI of the SSA, in the form 
of premium assistance for the purchase of coverage under a group health 
plan, is required to make certain disclosures. Specifically, the 
employer is required to notify each employee of potential opportunities 
currently available in the State in which the employee resides for 
premium assistance under Medicaid and CHIP for health coverage of the 
employee or the employee's dependents. These notices are referred as 
``Employer CHIP Notices.''
    ERISA section 701(f)(3)(B)(i)(II) requires the Department of Labor 
to provide employers with model language for the Employer CHIP Notices 
to enable them to timely comply with this requirement, which is 
referred as the ``Model Employer CHIP Notice.'' The model language is 
required to include information on how an employee may contact the 
State in which the employee resides for additional information 
regarding potential opportunities for premium assistance, including how 
to apply for such assistance.
    The Department has received approval from OMB for this ICR under 
OMB Control No. 1210-0137. The current approval is scheduled to expire 
on January 31, 2023.
    Title: Plan Asset Transactions Determined by In-House Asset 
Managers under Prohibited Transaction Class Exemption 96-23.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0145.
    Affected Public: Not for-profit institutions, Businesses or other 
for-profits.
    Respondents: 20.
    Responses: 20.
    Estimated Total Burden Hours: 940.
    Estimated Total Burden Cost (Operating and Maintenance): $400,000.
    Description: The Department granted PTE 84-14 (49 FR 9494, as 
corrected 50 FR 41430), a class exemption that permits various parties 
in interest (as defined in ERISA section 3(14)) to employee benefit 
plans to engage in transactions involving plan assets if, among other 
conditions, the assets are managed by a ``qualified professional asset 
manager'' (QPAM), but still did

[[Page 43900]]

not provide relief for transactions involving the assets of plans 
managed by an in-house asset manager. The Department granted PTE 96-23 
(61 FR 15975), Class Exemption for Plan Asset Transactions Determined 
by In-House Asset Managers. The class exemption permits various parties 
in interest to employee benefit plans to engage in transactions 
involving plan assets if, among other requirements, the assets are 
managed by an in-house asset manager (INHAM).
    PTE 96-23 contains requirements for written guidelines between an 
INHAM and a property manager that an INHAM has retained to act on its 
behalf. Because it is a customary business practice for agreements 
related to the investment of plan assets or transactions relating to 
the leasing of space to be described in writing, no burden was 
estimated for this provision. The information collection requirements 
included in this paperwork package for which there is a burden estimate 
consist of the requirements that the INHAM develop written policies and 
procedures designed to assure compliance with the conditions of the 
exemption and have an independent auditor conduct an annual INHAM 
exemption audit and issue an audit report to each plan.
    The written policies and procedures will be used by an independent 
auditor to determine the INHAM's compliance with the exemption. An 
independent auditor will conduct an annual exemption audit and make a 
determination whether the INHAM is in compliance with the written 
policies and procedures and the objective requirements of the 
exemption. These information collections are designed to safeguard 
participants and beneficiaries in plans managed by INHAMS that are 
involved in transactions covered by the exemption. The exemption does 
not require any reporting or filing with the Federal government. The 
Department has received approval from OMB for this ICR under OMB 
Control No. 1210-0145. The current approval is scheduled to expire on 
January 31, 2023.
    Title: Prohibited Transaction Class Exemption for Certain 
Transactions Between Investment Companies and Employee Benefit Plans 
(PTE 1977-4).
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0049.
    Affected Public: Not for-profit institutions, Businesses or other 
for-profits.
    Respondents: 846.
    Responses: 279,653.
    Estimated Total Burden Hours: 23,728.
    Estimated Total Burden Cost (Operating and Maintenance): $117,954.
    Description: PTE 77-4, which was originally granted on April 8, 
1977, exempts from the prohibited transaction restrictions the purchase 
and sale by an employee benefit plan of shares from a registered, open-
end investment company (mutual fund) when a fiduciary of the plan 
(e.g., an investment manager) is also the investment advisor for the 
investment company.
    Without the class exemption an open-end mutual fund could not sell 
shares to or purchase shares from a plan when the fiduciary with 
respect to the plan is also the investment advisor for the mutual fund. 
Such purchases and sales may serve the interest of the plans, provided 
that procedures designed to protect the interests of participants and 
beneficiaries from potential abuse are built into the transactions. 
Therefore, the exemption requires disclosure of any redemption fees in 
the current prospectus and the disclosure and approval of investment 
advisory and other fees by a second fiduciary so that the plan 
fiduciary can make informed judgments with respect to the prudence of 
the transactions. In the case of changes to the fee structure, the 
exemption requires that the second fiduciary be notified of the fee 
changes and approve in writing the continued purchase, sale, an 
investment in the shares of the mutual fund. The Department has 
received approval from OMB for this ICR under OMB Control No. 1210-
0049. The current approval is scheduled to expire on February 28, 2023.
    Title: Plan Asset Transactions Determined by Independent Qualified 
Professional Asset Managers under Prohibited Transaction Exemption 
1984-14.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0128.
    Affected Public: Businesses or other for-profits.
    Respondents: 4,031.
    Responses: 4,071.
    Estimated Total Burden Hours: 96,774.
    Estimated Total Burden Cost (Operating and Maintenance): 
$40,311,395.
    Description: Prohibited Transaction Exemption 84-14 (49 FR 9494, 
March 13, 1984, as corrected at 50 FR 41430, October 10, 1985, and 
amended at 70 FR 49305 (August 23, 2005)) (PTE 84-14) permits various 
parties who are related to employee benefit plans to engage in 
transactions involving plan assets if, among other conditions, the 
assets are managed by a ``qualified professional asset manager'' 
(QPAM). In 2003, the Department published a proposed amendment to the 
QPAM exemption and based on comments received many financial 
institutions were unaware that the class exemption did not provide 
relief for transactions by a QPAM in managing its own plans. On July 6, 
2010, the Department adopted a final amendment to PTE 84-14 (75 FR 
38837) permitting a QPAM to manage an investment fund that contains the 
assets of its own plan or the plan of an affiliate of the QPAM.
    The information collection requirements that are conditions of Part 
V of the exemption include written policies and procedures and audit 
requirements for QPAM-sponsored plans. The written policies and 
procedures will be used by an independent auditor to determine the 
QPAM's compliance with the conditions of the exemption. An independent 
auditor will conduct an annual exemption audit and make a determination 
whether the QPAM is in compliance with the written policies and 
procedures and that the conditions of the exemption have been met. 
These information collections are designed to safeguard participants 
and beneficiaries in plans that are involved in transactions covered by 
the exemption. The exemption does not require any reporting or filing 
with the Federal government. The Department has received approval from 
OMB for this ICR under OMB Control No. 1210-0128. The current approval 
is scheduled to expire on February 28, 2023.
    Title: Employee Benefit Plan Claims Procedure Under the Employee 
Retirement Income Security Act.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0053.
    Affected Public: Not for-profit institutions, Businesses or other 
for-profits.
    Respondents: 6,223,774.
    Responses: 1,465,526,748.
    Estimated Total Burden Hours: 1,627,422.
    Estimated Total Burden Cost (Operating and Maintenance): 
$1,959,351,534.
    Description: In November 2000, the Department issued a final 
regulation establishing minimum claims procedure requirements that all 
employee benefit plans under ERISA must meet in order to satisfy the 
requirements of section 503 of ERISA. Section 505 of ERISA authorizes 
the Secretary to prescribe regulations as appropriate or necessary to 
carry out the provisions of Title I of

[[Page 43901]]

ERISA. The regulation requires plans to provide every claimant who is 
denied a claim with a written or electronic notice that contains the 
specific reasons for denial, a reference to the relevant plan 
provisions on which the denial is based, a description of any 
additional information necessary to perfect the claim, and a 
description of steps to be taken if the participant or beneficiary 
wishes to appeal the denial. The regulation also requires that any 
adverse decision upon review be in writing (including electronic means) 
and include specific reasons for the decision, as well as references to 
relevant plan provisions.
    The information collection requirements included in the claims 
procedure regulation ensure that participants and beneficiaries 
(claimants) receive adequate information regarding the plan's claims 
procedures and the plan's handling of specific benefit claims. The 
Department has received approval from OMB for this ICR under OMB 
Control No. 1210-0053. The current approval is scheduled to expire on 
April 30, 2023.
    Title: Prohibited Transaction Class Exemption 1992-6: Sale of 
Individual Life Insurance or Annuity Contracts by a Plan.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0063.
    Affected Public: Businesses or other for-profits.
    Respondents: 10,853.
    Responses: 10,853.
    Estimated Total Burden Hours: 2,171.
    Estimated Total Burden Cost (Operating and Maintenance): $6,512.
    Description: PTE 92-6 exempts from the prohibited transaction 
restrictions the sale of individual life insurance or annuity contracts 
held by an employee benefit plan to: (1) plan participants insured 
under such contracts; (2) relatives of such participants who are the 
beneficiaries under the contract, (3) employers, any of whose employees 
are covered by the plan; (4) other employee benefit plans that have a 
party in interest relationship; (5) owner-employees (as defined in 
section 401(c)(3) of the Code), (6) shareholder-employees (as defined 
in section 1379 of the Internal Revenue Code of 1954 as in effect on 
the day before the enactment of the Subchapter S Revision Act of 1982), 
or (7) trusts established by plan participants insured under such 
contracts or relatives of such participants who are the beneficiaries 
under the contract, for the cash surrender value of the contracts, 
provided certain conditions set forth in the class exemption are met.
    The disclosure requirement incorporated within this class exemption 
is intended to protect the rights of plan participants and 
beneficiaries by putting them on notice of the plan's intention to sell 
insurance or annuity contracts under which they are insured, and by 
giving them the right of first refusal to purchase such contracts. 
Without this disclosure requirement, the Department, which may only 
grant an exemption if it can find that participants and beneficiaries 
are protected, would be unable to effectively enforce the terms of the 
class exemption and ensure user compliance. The Department has received 
approval from OMB for this ICR under OMB Control No. 1210-0063. The 
current approval is scheduled to expire on June 30, 2023.
    Title: Notice to Employees of Coverage Options Under Fair Labor 
Standards Act Section 18B.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0149.
    Affected Public: Businesses or other for-profits, Farms, Not for-
profit institutions.
    Respondents: 7,850,126.
    Responses: 32,068,268.
    Estimated Total Burden Hours: 116,421.
    Estimated Total Burden Cost (Operating and Maintenance): 
$5,238,964.
    Description: Since January 1, 2014, individuals and employees of 
small businesses have had access to affordable coverage through a new 
competitive private health insurance market--Health Insurance 
Marketplace or also called ``the exchange''. Section 1512 of the 
Affordable Care Act created a new Fair Labor Standards Act (FLSA) 
section 18B [29 U.S.C. 218b] requiring a notice to employees of 
coverage options available through the Marketplace.
    Section 18B of the FLSA generally provides that, in accordance with 
regulations promulgated by the Secretary of Labor, an applicable 
employer must provide each employee at the time of hiring, a written 
notice: (1) Informing the employee of the existence of Exchanges 
including a description of the services provided by the Exchanges, and 
the manner in which the employee may contact Exchanges to request 
assistance; (2) If the employer plan's share of the total allowed costs 
of benefits provided under the plan is less than 60 percent of such 
costs, then the employee may be eligible for a premium tax credit under 
section 36B of the Internal Revenue Code (the Code) if the employee 
purchases a qualified health plan through an Exchange; and (3) If the 
employee purchases a qualified health plan through an Exchange, the 
employee may lose the employer contribution (if any) to any health 
benefits plan offered by the employer and that all or a portion of such 
contribution may be excludable from income for Federal income tax 
purposes. The Department has received approval from OMB for this ICR 
under OMB Control No. 1210-0149. The current approval is scheduled to 
expire on June 30, 2023.

II. Focus of Comments

    The Department is particularly interested in comments that:
     Evaluate whether the collections of information are 
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 
collections 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 information 
collection; they will also become a matter of public record.

    Signed at Washington, DC, this 15th day of July, 2022.
Ali Khawar,
Acting Assistant Secretary, Employee Benefits Security Administration, 
U.S. Department of Labor.
[FR Doc. 2022-15680 Filed 7-21-22; 8:45 am]
BILLING CODE 4510-29-P