Proposed Collection; Comment Request, 19555-19556 [E7-7303]

Download as PDF Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Notices pwalker on PROD1PC71 with NOTICES Comments must be in English. A person requesting that information contained in a comment submitted by that person be treated as confidential business information must certify that such information is business confidential and would not customarily be released to the public by the commenter. Confidential business information must be clearly designated as such and ‘‘Business Confidential’’ must be marked at the top and bottom of the cover page and each succeeding page. Persons who submit confidential business information are encouraged also to provide a non-confidential summary of the information. Information or advice contained in a comment submitted, other than business confidential information, may be determined by USTR to be confidential in accordance with section 135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information or advice may qualify as such, the submitter— (1) Must clearly so designate the information or advice; (2) Must clearly mark the material as ‘‘Submitted In Confidence’’ at the top and bottom of the cover page and each succeeding page; and (3) Is encouraged to provide a nonconfidential summary of the information or advice. Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR will maintain a file on this dispute settlement proceeding, accessible to the public, in the USTR Reading Room, which is located at 1724 F Street, NW., Washington, DC 20508. The public file will include non-confidential comments received by USTR from the public with respect to the dispute; if a dispute settlement panel is convened or in the event of an appeal from such a panel, the U.S. submissions, the submissions, or non-confidential summaries of submissions, received from other participants in the dispute; the report of the panel; and, if applicable, the report of the Appellate Body. The USTR Reading Room is open to the public, by appointment only, from 10 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday. An appointment to review the public file (Docket WTO/DS–360, India Alcohol Duties Dispute) may be made by calling the USTR Reading Room at (202) 395–6186. Daniel Brinza, Assistant United States Trade Representative for Monitoring and Enforcement. [FR Doc. E7–7376 Filed 4–17–07; 8:45 am] BILLING CODE 3190–W7–P VerDate Aug<31>2005 17:04 Apr 17, 2007 Jkt 211001 OVERSEAS PRIVATE INVESTMENT CORPORATION April 19, 2007 Public Hearing OPIC’s Sunshine Act notice of its Public Hearing in Conjunction with each Board meeting was published in the Federal Register (Volume 72, Number 59, Page 14627) on March 29, 2007. No requests were received to provide testimony or submit written statements for the record; therefore, OPIC’s public hearing scheduled for 2 PM, April 19, 2007 in conjunction with OPIC’s April 26, 2007 Board of Directors meeting has been cancelled. Contact Person For Information: Information on the hearing cancellation may be obtained from Connie M. Downs at (202) 336–8438, via facsimile at (202) 218–0136, or via e-mail at cdown@opic.gov. Dated: April 16, 2007. Connie M. Downs, OPIC Corporate Secretary. [FR Doc. 07–1945 Filed 4–16–07; 1:53 pm] BILLING CODE 3210–01–M 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. 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. PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 19555 However, applicants are not required to stop non-railroad work or selfemployment. 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 part 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 a ‘‘LPE’’ employer. ‘‘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 employer is the last person for whom he or she worked. The RRB currently utilizes Form AA– 4, Self-Employment and Substantial Service Questionnaire, when an applicant claims to be self-employed to obtain information needed to determine if the applicant’s work is LPE, railroad service or self-employment. If the work is self-employment, the questionnaire identifies any months 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 editorial and formatting changes to Form AA–4. Other non-burden impacting changes include dividing current items that currently contain multiple questions into separate items with Yes/No responses and skip patterns. Checklists have also been added to many items to obtain more standardized responses. Currently most items cite the possible options only as examples to prompt the applicant. The completion time for the AA–4 is estimated at between 40 and 70 minutes. The RRB estimates that approximately 600 AA–4’s are completed annually. Additional Information or Comments: To request more information or to obtain a copy of the information collection justification, forms, and/or supporting material, please call the RRB Clearance Officer at (312) 751–3363 or send an e-mail request to E:\FR\FM\18APN1.SGM 18APN1 19556 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Notices Charles.Mierzwa@RRB.GOV. Comments regarding the information collection should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611–2092 or send an e-mail to Ronald.Hodapp@RRB.GOV. Written comments should be received within 60 days of this notice. Charles Mierzwa, Clearance Officer. [FR Doc. E7–7303 Filed 4–17–07; 8:45 am] BILLING CODE 7905–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–55612; File No. 4–536] Program for Allocation of Regulatory Responsibilities Pursuant to Rule 17d– 2; Notice of Filing of Proposed Plan for the Allocation of Regulatory Responsibilities Between the Chicago Board Options Exchange, Incorporated and the National Association of Securities Dealers, Inc. April 10, 2007. Pursuant to Section 17(d) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 17d–2 thereunder,2 notice is hereby given that on April 5, 2007, the Chicago Board Options Exchange, Incorporated (‘‘CBOE’’) and the National Association of Securities Dealers, Inc. (‘‘NASD’’) (together with the CBOE, the ‘‘Parties’’) filed with the Securities and Exchange Commission (‘‘Commission’’ or ‘‘SEC’’) a plan for the allocation of regulatory responsibilities with respect to the CBOE Stock Exchange, LLC (‘‘CBSX’’), dated April 4, 2007 (‘‘17d–2 Plan’’). The Commission is publishing this notice to solicit comments on the 17d–2 Plan from interested persons. pwalker on PROD1PC71 with NOTICES I. Introduction Section 19(g)(1) of the Act,3 among other things, requires every selfregulatory organization (‘‘SRO’’) registered as either a national securities exchange or national securities association to examine for, and enforce compliance by, its members and persons associated with its members with the Act, the rules and regulations thereunder, and the SRO’s own rules, unless the SRO is relieved of this responsibility pursuant to Section 17(d) or Section 19(g)(2) of the Act.4 Without 1 15 U.S.C. 78q(d). CFR 240.17d–2. 3 15 U.S.C. 78s(g)(1). 4 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2), respectively. 2 17 VerDate Aug<31>2005 17:04 Apr 17, 2007 Jkt 211001 this relief, the statutory obligation of each individual SRO could result in a pattern of multiple examinations of broker-dealers that maintain memberships in more than one SRO (‘‘common members’’). Such regulatory duplication would add unnecessary expenses for common members and their SROs. Section 17(d)(1) of the Act 5 was intended, in part, to eliminate unnecessary multiple examinations and regulatory duplication.6 With respect to a common member, Section 17(d)(1) authorizes the Commission, by rule or order, to relieve an SRO of the responsibility to receive regulatory reports, to examine for and enforce compliance with applicable statutes, rules, and regulations, or to perform other specified regulatory functions. To implement Section 17(d)(1), the Commission adopted two rules: Rule 17d–1 and Rule 17d–2 under the Act.7 Rule 17d–1 authorizes the Commission to name a single SRO as the designated examining authority (‘‘DEA’’) to examine common members for compliance with the financial responsibility requirements imposed by the Act, or by Commission or SRO rules.8 When an SRO has been named as a common member’s DEA, all other SROs to which the common member belongs are relieved of the responsibility to examine the firm for compliance with the applicable financial responsibility rules. On its face, Rule 17d–1 deals only with an SRO’s obligations to enforce member compliance with financial responsibility requirements. Rule 17d–1 does not relieve an SRO from its obligation to examine a common member for compliance with its own rules and provisions of the federal securities laws governing matters other than financial responsibility, including sales practices and trading activities and practices. To address regulatory duplication in these and other areas, the Commission adopted Rule 17d–2 under the Act.9 Rule 17d–2 permits SROs to propose joint plans for the allocation of regulatory responsibilities with respect to their common members. Under paragraph (c) of Rule 17d–2, the Commission may declare such a plan 5 15 U.S.C. 78q(d)(1). Securities Act Amendments of 1975, Report of the Senate Committee on Banking, Housing, and Urban Affairs to Accompany S. 249, S. Rep. No. 94– 75, 94th Cong., 1st Session 32 (1975). 7 17 CFR 240.17d–1 and 17 CFR 240.17d–2, respectively. 8 See Securities Exchange Act Release No. 12352 (April 20, 1976), 41 FR 18808 (May 7, 1976). 9 See Securities Exchange Act Release No. 12935 (October 28, 1976), 41 FR 49091 (November 8, 1976). 6 See PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 effective if, after providing for appropriate notice and comment, it determines that the plan is necessary or appropriate in the public interest and for the protection of investors; to foster cooperation and coordination among the SROs; to remove impediments to, and foster the development of, a national market system and a national clearance and settlement system; and is in conformity with the factors set forth in Section 17(d) of the Act. Commission approval of a plan filed pursuant to Rule 17d–2 relieves an SRO of those regulatory responsibilities allocated by the plan to another SRO. II. Proposed Plan The Commission recently approved proposed rule changes submitted by CBOE to establish the CBSX as a facility of CBOE.10 CBSX is a fully automated marketplace for trading of non-option securities by CBOE members. Pursuant to the proposed 17d–2 Plan, NASD would assume certain examination and enforcement responsibilities for common members with respect to certain applicable laws, rules, and regulations. The proposed 17d–2 Plan is intended to reduce regulatory duplication, with respect to CBSX, for firms that are common members of both CBOE and NASD.11 The text of the plan delineates regulatory responsibilities with respect to the Parties, including responsibility for CBOE rules applicable to the CBSX. Included in the proposed plan is an exhibit (the ‘‘CBOE Certification of Common Rules,’’ referred to herein as the ‘‘Certification’’) that lists every CBOE rule, and the federal securities laws, rules, and regulations thereunder, for which NASD would bear responsibility under the plan for overseeing and enforcing with respect to common members. In particular, under the 17d–2 Plan, NASD would assume examination and enforcement responsibility relating to compliance by dual members and persons associated therewith with the rules of CBOE that are substantially similar to the applicable rules of NASD 10 Accordingly, CBOE serves as CBSX’s selfregulatory organization and has regulatory responsibility for the activities of CBSX. See Securities Exchange Act Release Nos. 55326 (February 21, 2007), 72 FR 8816 (February 27, 2007) (SR–CBOE–2006–106) (relating to a permit program for CBSX); 55389 (March 2, 2007), 72 FR 10575 (March 8, 2007) (SR–CBOE–2006–110) (relating to governance structure of CBSX); and 55392 (March 2, 2007), 72 FR 10572 (March 8, 2007) (SR–CBOE– 2006–112) (relating to trading rules for CBSX). 11 The proposed 17d–2 Plan refers to these common members as ‘‘Dual Members.’’ See Paragraph 1(c) of the proposed 17d–2 Plan. E:\FR\FM\18APN1.SGM 18APN1

Agencies

Railroad Retirement Board

[Federal Register Volume 72, Number 74 (Wednesday, April 18, 2007)]
[Notices]
[Pages 19555-19556]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7303]


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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.
    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 non-railroad 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 part 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 a ``LPE'' employer.
    ``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 employer is the last person for whom he or she worked.
    The RRB currently utilizes Form AA-4, Self-Employment and 
Substantial Service Questionnaire, when an applicant claims to be self-
employed to obtain information needed to determine if the applicant's 
work is LPE, railroad service or self-employment. If the work is self-
employment, the questionnaire identifies any months 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 editorial and formatting changes to Form AA-4. 
Other non-burden impacting changes include dividing current items that 
currently contain multiple questions into separate items with Yes/No 
responses and skip patterns. Checklists have also been added to many 
items to obtain more standardized responses. Currently most items cite 
the possible options only as examples to prompt the applicant.
    The completion time for the AA-4 is estimated at between 40 and 70 
minutes. The RRB estimates that approximately 600 AA-4's are completed 
annually.
    Additional Information or Comments: To request more information or 
to obtain a copy of the information collection justification, forms, 
and/or supporting material, please call the RRB Clearance Officer at 
(312) 751-3363 or send an e-mail request to

[[Page 19556]]

Charles.Mierzwa@RRB.GOV. Comments regarding the information collection 
should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 
North Rush Street, Chicago, Illinois 60611-2092 or send an e-mail to 
Ronald.Hodapp@RRB.GOV. Written comments should be received within 60 
days of this notice.

Charles Mierzwa,
Clearance Officer.
[FR Doc. E7-7303 Filed 4-17-07; 8:45 am]
BILLING CODE 7905-01-P

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