Notice2022-03118
Withdrawal of Prior Notice; Proposed Submission of Information Collection for OMB Review; Comment Request; Medical Exception Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 14, 2022
Issuing agencies
Pension Benefit Guaranty Corporation
Abstract
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 That notice is withdrawn in light of the January 21, 2022 nationwide preliminary injunction enjoining implementation and enforcement of the federal employee vaccination requirement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.
Full Text
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<title>Federal Register, Volume 87 Issue 30 (Monday, February 14, 2022)</title>
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[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Notices]
[Pages 8303-8304]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#fd8d9c8d988f8a928f96d39e9290909893898ebd8d9f9a9ed39a928b"><span class="__cf_email__" data-cfemail="740415041106031b061f5a171b1919111a000734041613175a131b02">[email protected]</span></a>. Refer to OMB control
number 1212-0075 in the subject line.
<bullet> 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, <a href="http://www.pbgc.gov">http://www.pbgc.gov</a>, 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
(<a href="/cdn-cgi/l/email-protection#d0a2b9b6bbb9befebdb5bcb9a3a3b190a0b2b7b3feb7bfa6"><span class="__cf_email__" data-cfemail="592b303f32303777343c35302a2a3819293b3e3a773e362f">[email protected]</span></a>), 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--
<bullet> 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;
<bullet> 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;
<bullet> Enhance the quality, utility, and clarity of the
information to be collected; and
<bullet> 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
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