Proposed Collection; Comment Request, 89521-89523 [2016-29602]

Download as PDF 89521 Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices Additional Information or Comments: Copies of the forms and supporting documents can be obtained from Dana Hickman at (312) 751–4981 or Dana.Hickman@RRB.GOV. Comments regarding the information collection should be addressed to Brian Foster, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611–1275 or Brian.Foster@rrb.gov and to the OMB Desk Officer for the RRB, Fax: 202–395–6974, Email address: OIRA_Submission@omb.eop.gov. Brian D. Foster, Clearance Officer. beginning at 9:00 a.m. at the Board’s meeting room on the 8th floor of its headquarters building, 844 North Rush Street, Chicago, Illinois 60611. The agenda for this meeting follows: Closed meeting notice: (1) Chief Financial Officer Position The person to contact for more information is Martha P. Rico, Secretary to the Board, Phone No. 312–751–4920. Dated: December 8, 2016. Martha P. Rico, Secretary to the Board. [FR Doc. 2016–29861 Filed 12–8–16; 4:15 pm] BILLING CODE 7905–01–P [FR Doc. 2016–29596 Filed 12–9–16; 8:45 am] BILLING CODE 7905–01–P RAILROAD RETIREMENT BOARD RAILROAD RETIREMENT BOARD Proposed Collection; Comment Request Sunshine Act Meeting; Notice of Closed Meeting Notice is hereby given that the Railroad Retirement Board will hold a closed meeting on December 22, 2016 beginning at 9:00 a.m. at the Board’s meeting room on the 8th floor of its headquarters building, 844 North Rush Street, Chicago, Illinois 60611. The agenda for this meeting follows: Closed meeting notice: (1) Chief Financial Officer Position The person to contact for more information is Martha P. Rico, Secretary to the Board, Phone No. 312–751–4920. Dated: December 8, 2016. Martha P. Rico, Secretary to the Board. [FR Doc. 2016–29862 Filed 12–8–16; 4:15 pm] BILLING CODE 7905–01–P RAILROAD RETIREMENT BOARD Notice of Closed Meeting; Sunshine Act Notice is hereby given that the Railroad Retirement Board will hold a closed meeting on December 21, 2016 Summary: In accordance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board (RRB) will publish periodic summaries of proposed data collections. Comments are invited on: (a) Whether the proposed information collection is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the RRB’s estimate of the burden of the collection of the information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. 1. Title and purpose of information collection: Placement Service; OMB 3220–0057. Section 12(i) of the Railroad Unemployment Insurance Act (RUIA), authorizes the RRB to establish, maintain, and operate free employment offices to provide claimants for unemployment benefits with job placement opportunities. Section 704(d) of the Regional Railroad Reorganization Act of 1973, as amended, and as extended by the Consolidated Omnibus Budget Reconciliation Act of 1985, required the RRB to maintain and distribute a list of railroad job vacancies, by class and craft, based on information furnished by rail carriers to the RRB. Although the requirement under the law expired effective August 13, 1987, the RRB has continued to obtain this information in keeping with its employment service responsibilities under Section 12(k) of the RUIA. Application procedures for the job placement program are prescribed in 20 CFR 325. The procedures pertaining to the RRB’s obtaining and distributing job vacancy reports furnished by rail carriers are described in 20 CFR 346.1. The RRB currently utilizes four forms to obtain information needed to carry out its job placement responsibilities. Form ES–2, Central Register Notification, is used by the RRB to obtain information needed to update a computerized central register of separated and furloughed railroad employees available for employment in the railroad industry. Forms ES–21, Referral to State Employment Service, and ES–21c, Report of State Employment Service Office, are used by the RRB to provide placement assistance for unemployed railroad employees through arrangements with State Employment Service offices. Form UI– 35, Field Office Record of Claimant Interview, is used primarily by the RRB to conduct in-person interviews of claimants for unemployment benefits. Completion of these forms is required to obtain or maintain a benefit. In addition, the RRB also collects Railroad Job Vacancies information received voluntarily from railroad employers. No changes are proposed to any of the data collection instruments associated with the information collection. ESTIMATE OF ANNUAL RESPONDENT BURDEN Annual responses mstockstill on DSK3G9T082PROD with NOTICES Form No. Time (minutes) Burden (hours) ES–2 ............................................................................................................................................ ES–21 .......................................................................................................................................... ES–21c ........................................................................................................................................ UI–35 in person ........................................................................................................................... UI–35 by mail ............................................................................................................................... Job Vacancies ............................................................................................................................. 3,750 80 25 6,300 700 470 .25 .68 1.50 7.00 10.50 10.00 16 0.9 0.6 735 123 78 Total ...................................................................................................................................... 11,325 ........................ 953 VerDate Sep<11>2014 18:59 Dec 09, 2016 Jkt 241001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\12DEN1.SGM 12DEN1 89522 Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices 2. Title and purpose of information collection: Certification Regarding Rights to Unemployment Benefits; OMB 3220–0079. Under Section 4 of the Railroad Unemployment Insurance Act (RUIA), an employee who leaves work voluntarily is disqualified for unemployment benefits unless the employee left work for good cause and is not qualified for unemployment benefits under any other law. RRB Form UI–45, Claimant’s Statement— Voluntary Leaving of Work, is used by the RRB to obtain the claimant’s statement when the claimant, the claimant’s employer, or another source indicates that the claimant has voluntarily left work. Completion of Form UI–45 is required to obtain or retain benefits. One response is received from each respondent. The RRB proposes no changes to Form UI–45. ESTIMATE OF ANNUAL RESPONDENT BURDEN Annual responses Form No. Time (minutes) Burden (hours) UI–45 ........................................................................................................................................... 200 15 50 Total ...................................................................................................................................... 200 ........................ 50 3. Title and purpose of information collection: Self-Employment and Substantial Service Questionnaire; OMB 3220–0138. Section 2 of the Railroad Retirement Act (RRA) provides for payment of annuities to qualified employees and their spouses. In order to receive an age and service annuity, Section 2(e)(3) states that an applicant must stop all railroad work and give up any rights to return to such work. However, applicants are not required to stop nonrailroad work or self-employment. The RRB considers some work claimed as ‘‘self-employment’’ to actually be employment for an employer. Whether the RRB classifies a particular activity as self-employment or as work for an employer depends upon the circumstances of each case. These circumstances are prescribed in 20 CFR 216. Under the 1988 amendments to the RRA, an applicant is no longer required to stop work for a ‘‘Last Pre-Retirement Nonrailroad Employer’’ (LPE). However, Section 2(f)(6) of the RRA requires that a portion of the employee’s Tier II benefit and supplemental annuity be deducted for earnings from the ‘‘LPE.’’ The ‘‘LPE’’ is defined as the last person, company, or institution with whom the employee or spouse applicant was employed concurrently with, or after, the applicant’s last railroad employment and before their annuity beginning date. If a spouse never worked for a railroad, the LPE is the last person for whom he or she worked. The RRB utilizes Form AA–4, SelfEmployment and Substantial Service Questionnaire, to obtain information needed to determine if the work the applicant claims is self-employment is really self-employment or work for an LPE or railroad service. If the work is self-employment, the questionnaire identifies any month in which the applicant did not perform substantial service. One response is requested of each respondent. Completion is voluntary. However, failure to complete the form could result in the nonpayment of benefits. The RRB proposes no changes to Form AA–4. ESTIMATE OF ANNUAL RESPONDENT BURDEN Annual responses Form No. Time (minutes) Burden (hours) AA–4 (With assistance) ............................................................................................................... AA–4 (Without assistance) .......................................................................................................... 570 30 40 70 380 35 Total ...................................................................................................................................... 600 ........................ 415 Act (RRA) and the Railroad Unemployment Insurance Act (RUIA). In order to enhance timely coordination activity, the RRB utilizes Form G–117a, Designation of Contact Officials. Form G–117a is used by railroad employers to designate employees who are to act as 4. Title and purpose of information collection: Designation of Contact Officials; 3220–0200. Coordination between railroad employers and the RRB is essential to properly administer the payment of benefits under the Railroad Retirement point of contact with the RRB on a variety of RRA and RUIA-related matters. Completion is voluntary. One response is requested from each respondent. The RRB proposes no changes to Form G–117a. ESTIMATE OF ANNUAL RESPONDENT BURDEN Annual responses mstockstill on DSK3G9T082PROD with NOTICES Form No. Time (minutes) Burden (hours) G–117a ........................................................................................................................................ 100 15 25 Total ...................................................................................................................................... 100 ........................ 25 Additional Information or Comments: To request more information or to VerDate Sep<11>2014 18:59 Dec 09, 2016 Jkt 241001 obtain a copy of the information collection justification, forms, and/or PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 supporting material, contact Dana Hickman at (312) 751–4981 or E:\FR\FM\12DEN1.SGM 12DEN1 Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices Dana.Hickman@RRB.GOV. Comments regarding the information collection should be addressed to Brian Foster, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611– 1275 or emailed to Brian.Foster@ RRB.GOV. Written comments should be received within 60 days of this notice. Brian D. Foster, Clearance Officer. [FR Doc. 2016–29602 Filed 12–9–16; 8:45 am] BILLING CODE 7905–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–79478; File No. SR–NYSE– 2016–75] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Provide That the Exchange Would Not Be Required To Report to The Securities Information Processor an Official Closing Price, as Defined Under Rule 123C(1)(e)(i), as an ‘‘M’’ Sale Condition December 6, 2016. Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 notice is hereby given that on November 23, 2016, New York Stock Exchange LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. mstockstill on DSK3G9T082PROD with NOTICES I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes this rule change to provide that the Exchange would not be required to report to the securities information processor an Official Closing Price, as defined under Rule 123C(1)(e)(i), as an ‘‘M’’ sale condition. The proposed rule change is available on the Exchange’s Web site at www.nyse.com, at the principal office of the Exchange, and at the Commission’s Public Reference Room. 1 15 U.S.C. 78s(b)(1). U.S.C. 78a. 3 17 CFR 240.19b–4. 2 15 VerDate Sep<11>2014 18:59 Dec 09, 2016 Jkt 241001 II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange is proposing to provide that the Exchange would not be required to report to the securities information processor (‘‘SIP’’) an Official Closing Price, as defined under Rule 123C(1)(e)(i), as an ‘‘M’’ sale condition.4 This proposed rule change would not change how the Official Closing Price would be determined and disseminated if the Exchange is unable to conduct a closing transaction in one or more securities due to a systems or technical issue, as described in Rules 123C(1)(e)(ii)–(iv). As set forth in the SIP Specifications, a price reported to the SIP by an exchange under the ‘‘M’’ sale condition, which is called the ‘‘Market Center Official Close,’’ is not used for purposes of determining a consolidated last sale price or the high or low price of a security and does not include any volume information. Each exchange determines what price could be reported to the SIP as its ‘‘Market Center Official Close.’’ To date, the Exchange has not reported to the SIP a price with an ‘‘M’’ sale condition. By contrast, a trade reported to the SIP as a Market Center Closing Trade with a ‘‘6’’ sale condition includes volume information, is included in the consolidated last sale, and is included in the high or low price of a security. The Exchange reports to the SIP closing auction trades of a round lot or more with a ‘‘6’’ sale condition.5 4 For a description of all sale conditions that are reportable to the SIP, including the ‘‘M’’ and ‘‘6’’ sale conditions, see the Consolidated Tape System Participant Communications Interface Specification, dated September 15, 2016, at 87 (‘‘SIP Specifications’’), available here: https://www. ctaplan.com/publicdocs/ctaplan/notifications/ trader-update/cts_input_spec.pdf. 5 For example, under Rule 123C(1)(e)(i), if there were no closing transaction in a security or if a PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 89523 Recently, the Exchange amended Rule 123C(1)(e) to specify back-up procedures for determining an Official Closing Price for Exchange-listed securities if it is unable to conduct a closing transaction in one or more securities due to a systems or technical issue.6 In that Filing, the Exchange noted that once it implemented changes to how the Exchange determines the Official Closing Price, the Exchange ‘‘will disseminate to the SIP the Official Closing Price as an ‘‘M’’ value.’’ 7 With this proposed rule change, the Exchange is modifying this statement to permit, but not require, the Exchange to report a price with an ‘‘M’’ sale condition to the SIP when the Official Closing Price is determined under Rule 123C(1)(e)(i). Specifically, the Exchange does not believe that it should publish an Official Closing Price to the SIP as an ‘‘M’’ value if there has not been a lastsale eligible trade in a security on a trading day. For example, based on feedback from industry participants, the Exchange understands that certain market participants, such as index providers and mutual funds, follow a different method of determining a security’s closing price when there have not been any last-sale eligible trades on a trading day. Under these circumstances, the Exchange understands that an Official Closing Price reported to the SIP as an ‘‘M’’ sale condition that differs from how an industry market participant may determine such value for its own purposes could lead to confusion if a market participant’s systems read the ‘‘M’’ value published by the SIP that differs from their calculation. Accordingly, this proposed rule change is intended to provide that the Exchange would not be required to publish an Official Closing Price, as defined in Rule 123C(1)(e)(i), as an ‘‘M’’ sale condition to the SIP. And, as noted above, this proposed rule change would not alter how the Official Closing Price closing transaction is less than one round lot, the Exchange’s Official Closing Price will be the most recent last-sale eligible trade on the Exchange in such security on that trading day. By contrast, on NYSE Arca, Inc., under the same circumstances, the Official Closing Price will be the most recent consolidated last sale eligible trade during Core Trading Hours on that trading day. See NYSE Arca Equities, Inc. Rule 1.1(gg)(1)(A). 6 See Securities Exchange Act Release Nos. 78015 (June 8, 2016), 81 FR 38747 (June 14, 2016) (SR– NYSE–2016–18; SR–NYSEMKT–2016–31) (Approval Order) and 77305 (March 7, 2016), 81 FR 12977 (March 11, 2016) (Notice of Filing). 7 See id. at 12978. See also Securities Exchange Act Release No. 76598 (December 9, 2015), 80 FR 77688 (December 15, 2015) (SR–NYSE–2015–62) (Notice of Filing and Immediate Effectiveness of Proposed Rule Change to define the term ‘‘Official Closing Price’’). E:\FR\FM\12DEN1.SGM 12DEN1

Agencies

Railroad Retirement Board

[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89521-89523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29602]

-----------------------------------------------------------------------

RAILROAD RETIREMENT BOARD

Proposed Collection; Comment Request

Summary: In accordance with the requirement of Section
3506(c)(2)(A) of the Paperwork Reduction Act of 1995 which provides
opportunity for public comment on new or revised data collections, the
Railroad Retirement Board (RRB) will publish periodic summaries of
proposed data collections.
Comments are invited on: (a) Whether the proposed information
collection is necessary for the proper performance of the functions of
the agency, including whether the information has practical utility;
(b) the accuracy of the RRB's estimate of the burden of the collection
of the information; (c) ways to enhance the quality, utility, and
clarity of the information to be collected; and (d) ways to minimize
the burden related to the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.
1. Title and purpose of information collection: Placement Service;
OMB 3220-0057.
Section 12(i) of the Railroad Unemployment Insurance Act (RUIA),
authorizes the RRB to establish, maintain, and operate free employment
offices to provide claimants for unemployment benefits with job
placement opportunities. Section 704(d) of the Regional Railroad
Reorganization Act of 1973, as amended, and as extended by the
Consolidated Omnibus Budget Reconciliation Act of 1985, required the
RRB to maintain and distribute a list of railroad job vacancies, by
class and craft, based on information furnished by rail carriers to the
RRB. Although the requirement under the law expired effective August
13, 1987, the RRB has continued to obtain this information in keeping
with its employment service responsibilities under Section 12(k) of the
RUIA. Application procedures for the job placement program are
prescribed in 20 CFR 325. The procedures pertaining to the RRB's
obtaining and distributing job vacancy reports furnished by rail
carriers are described in 20 CFR 346.1.
The RRB currently utilizes four forms to obtain information needed
to carry out its job placement responsibilities. Form ES-2, Central
Register Notification, is used by the RRB to obtain information needed
to update a computerized central register of separated and furloughed
railroad employees available for employment in the railroad industry.
Forms ES-21, Referral to State Employment Service, and ES-21c, Report
of State Employment Service Office, are used by the RRB to provide
placement assistance for unemployed railroad employees through
arrangements with State Employment Service offices. Form UI-35, Field
Office Record of Claimant Interview, is used primarily by the RRB to
conduct in-person interviews of claimants for unemployment benefits.
Completion of these forms is required to obtain or maintain a
benefit. In addition, the RRB also collects Railroad Job Vacancies
information received voluntarily from railroad employers. No changes
are proposed to any of the data collection instruments associated with
the information collection.

Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
Annual
Form No. responses Time (minutes) Burden (hours)
----------------------------------------------------------------------------------------------------------------
ES-2............................................................ 3,750 .25 16
ES-21........................................................... 80 .68 0.9
ES-21c.......................................................... 25 1.50 0.6
UI-35 in person................................................. 6,300 7.00 735
UI-35 by mail................................................... 700 10.50 123
Job Vacancies................................................... 470 10.00 78
-----------------------------------------------
Total....................................................... 11,325 .............. 953
----------------------------------------------------------------------------------------------------------------

[[Page 89522]]

2. Title and purpose of information collection: Certification
Regarding Rights to Unemployment Benefits; OMB 3220-0079.
Under Section 4 of the Railroad Unemployment Insurance Act (RUIA),
an employee who leaves work voluntarily is disqualified for
unemployment benefits unless the employee left work for good cause and
is not qualified for unemployment benefits under any other law. RRB
Form UI-45, Claimant's Statement--Voluntary Leaving of Work, is used by
the RRB to obtain the claimant's statement when the claimant, the
claimant's employer, or another source indicates that the claimant has
voluntarily left work.
Completion of Form UI-45 is required to obtain or retain benefits.
One response is received from each respondent. The RRB proposes no
changes to Form UI-45.

3. Title and purpose of information collection: Self-Employment and
Substantial Service Questionnaire; OMB 3220-0138.
Section 2 of the Railroad Retirement Act (RRA) provides for payment
of annuities to qualified employees and their spouses. In order to
receive an age and service annuity, Section 2(e)(3) states that an
applicant must stop all railroad work and give up any rights to return
to such work. However, applicants are not required to stop nonrailroad
work or self-employment.
The RRB considers some work claimed as ``self-employment'' to
actually be employment for an employer. Whether the RRB classifies a
particular activity as self-employment or as work for an employer
depends upon the circumstances of each case. These circumstances are
prescribed in 20 CFR 216.
Under the 1988 amendments to the RRA, an applicant is no longer
required to stop work for a ``Last Pre-Retirement Nonrailroad
Employer'' (LPE). However, Section 2(f)(6) of the RRA requires that a
portion of the employee's Tier II benefit and supplemental annuity be
deducted for earnings from the ``LPE.''
The ``LPE'' is defined as the last person, company, or institution
with whom the employee or spouse applicant was employed concurrently
with, or after, the applicant's last railroad employment and before
their annuity beginning date. If a spouse never worked for a railroad,
the LPE is the last person for whom he or she worked.
The RRB utilizes Form AA-4, Self-Employment and Substantial Service
Questionnaire, to obtain information needed to determine if the work
the applicant claims is self-employment is really self-employment or
work for an LPE or railroad service. If the work is self-employment,
the questionnaire identifies any month in which the applicant did not
perform substantial service. One response is requested of each
respondent. Completion is voluntary. However, failure to complete the
form could result in the nonpayment of benefits. The RRB proposes no
changes to Form AA-4.

4. Title and purpose of information collection: Designation of
Contact Officials; 3220-0200.
Coordination between railroad employers and the RRB is essential to
properly administer the payment of benefits under the Railroad
Retirement Act (RRA) and the Railroad Unemployment Insurance Act
(RUIA). In order to enhance timely coordination activity, the RRB
utilizes Form G-117a, Designation of Contact Officials. Form G-117a is
used by railroad employers to designate employees who are to act as
point of contact with the RRB on a variety of RRA and RUIA-related
matters.
Completion is voluntary. One response is requested from each
respondent. The RRB proposes no changes to Form G-117a.

Additional Information or Comments: To request more information or
to obtain a copy of the information collection justification, forms,
and/or supporting material, contact Dana Hickman at (312) 751-4981 or

[[Page 89523]]

Dana.Hickman@RRB.GOV. Comments regarding the information collection
should be addressed to Brian Foster, Railroad Retirement Board, 844
North Rush Street, Chicago, Illinois 60611-1275 or emailed to
Brian.Foster@RRB.GOV. Written comments should be received within 60
days of this notice.

Brian D. Foster,
Clearance Officer.
[FR Doc. 2016-29602 Filed 12-9-16; 8:45 am]
BILLING CODE 7905-01-P

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