Proposed Data Collection Available for Public Comment and Recommendations., 16876-16877 [2010-7475]

Download as PDF 16876 Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Notices payees of their responsibilities under 20 CFR 266.9 and provides a means for the representative payee to maintain records pertaining to the receipt and use of RRB benefits. The booklet is provided for the representative payee’s convenience. The RRB also accepts records that were kept by representative payee’s as part of a common business practice. Completion is voluntary. One response is requested of each respondent. The RRB is proposing nonburden impacting editorial changes to Forms AA–5 and G–478. No changes are proposed for the Booklet RB–5. The estimated completion time(s) is estimated at 17 minutes for Form AA– 5, 6 minutes for Form G–478 and 60 minutes for Booklet RB–5. The RRB estimates that approximately 3,000 Form AA–5’s, 2,000 Form G–478’s and 15,300 RB–5’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 Charles.Mierzwa@RRB.GOV. Comments regarding the information collection should be addressed to Patricia A. Henaghan, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611–2092 or send an e-mail to Patricia.Henaghan@RRB.GOV. Written comments should be received within 60 days of this notice. Charles Mierzwa, RRB Clearance Officer. [FR Doc. 2010–7468 Filed 4–1–10; 8:45 am] BILLING CODE 7905–01–P RAILROAD RETIREMENT BOARD Proposed Data Collection Available for Public Comment and Recommendations. 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/Corporate Officer Work and Earnings Monitoring; OMB 3220–XXXX(New). Section 2 of the Railroad Retirement Act (RRA) provides for the payment of disability annuities to qualified employees. Section 2 also provides that if the Railroad Retirement Board (RRB) receives a report of an annuitant working for a railroad or earning more than prescribed dollar amounts from either nonrailroad employment or selfemployment, the annuity is no longer payable, or can be reduced, for the months worked. The regulations related to the nonpayment or reduction of the annuity by reason of work are prescribed in 20 CFR 220.160–164. Some activities claimed by the applicant as ‘‘self-employment’’ may actually be employment for someone else (e.g. training officer, consultant, salesman). 20 CFR 216.229(c) states, for example, that an applicant is considered an employee, and not self-employed, when acting as a corporate officer, since the corporation is the applicant’s employer. Whether the RRB classifies a particular activity, as self-employment or as work for an employer depends upon the circumstances in each case. The circumstances are prescribed in 20 CFR 216.21–216.23. Certain types of work may actually indicate an annuitant’s recovery from disability. Regulations related to an annuitant’s recovery from disability of work are prescribed in 20 CFR 220.17– 220.20. In addition, the RRB conducts continuing disability reviews, (also known as a CDR) to determine whether the annuitant continues to meet the disability requirements of the law. Payment of disability benefits and/or a beneficiary’s period of disability will end if medical evidence or other information shows that an annuitant is not disabled under the standards prescribed in Section 2 of the RRA. Continuing disability reviews are generally conducted if one or more of the following conditions are met: (1) The annuitant is scheduled for a routine periodic review, (2) the annuitant returns to work and successfully completes a trial work period, (3) substantial earnings are posted to the annuitant’s wage record, or (4) information is received from the annuitant or a reliable source that the annuitant has recovered or returned to work. Provisions relating to when and how often the RRB conducts disability reviews are prescribed in 20 CFR 220.186. To enhance program integrity activities, the RRB proposes the implementation of Form G–252, SelfEmployment/Corporate Officer Work and Earnings Monitoring. Form G–252 will obtain information from a disability annuitant who claims to be selfemployed or a corporate officer or who the RRB determines to be self-employed or a corporate officer after a continuing disability review. The continuing disability review may be prompted by a report of work, return to railroad service, an allegation of a medical improvement or a routine disability review call-up. The information gathered will be used to determine entitlement and/or continued entitlement to, and the amount of, the disability annuity, as prescribed in 20 CFR 220.176. Completion will be required to retain benefits. One response will be required of each respondent. The estimated annual respondent burden is as follows: ESTIMATE OF ANNUAL RESPONDENT BURDEN Annual responses mstockstill on DSKH9S0YB1PROD with NOTICES Form #(s) Time (min) Burden (hrs) G–252 .......................................................................................................................................... 100 20 33 Total ...................................................................................................................................... 100 ........................ 33 Additional Information or Comments: To request more information or to VerDate Nov<24>2008 16:40 Apr 01, 2010 Jkt 220001 obtain a copy of the information collection justification, forms, and/or PO 00000 Frm 00158 Fmt 4703 Sfmt 4703 supporting material, please call the RRB Clearance Officer at (312) 751–3363 or E:\FR\FM\02APN1.SGM 02APN1 16877 Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Notices Charles Mierzwa, RRB Clearance Officer. [FR Doc. 2010–7475 Filed 4–1–10; 8:45 am] BILLING CODE 7905–01–P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94–409, that the Securities and Exchange Commission will hold an Open Meeting on Wednesday, April 7, 2010 at 10 a.m., in the Auditorium, Room L–002. The subject matter of the Open Meeting will be: mstockstill on DSKH9S0YB1PROD with NOTICES Item 1: The Commission will consider whether to propose revisions to Regulation AB and other rules regarding the offering process, disclosure and reporting for assetbacked securities. The proposed amendments would revise the shelf offering process and eligibility criteria for asset-backed securities and require asset-backed issuers to provide enhanced disclosures including information regarding each asset in the underlying pool in a standardized, tagged format. The Commission will also consider proposed revisions to Securities Act Rule 144A and other rules for privately-placed asset-backed securities. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 551–5400. Dated: March 31, 2010. Elizabeth M. Murphy, Secretary. [Release No. 34–61789; File No. SR– NASDAQ–2010–037] Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on March 15, 2010, The NASDAQ Stock Market LLC (‘‘Nasdaq’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by Nasdaq. Nasdaq has designated the proposed rule change as effecting a change described under Rule 19b–4(f)(6) under the Act,3 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of the Substance of the Proposed Rule Change Nasdaq proposes to modify Rule 5605(c), which contains the audit committee charter requirements, to eliminate an outdated reference to Independence Standards Board Standard 1. The text of the proposed rule change is below. Proposed new language is in italics; proposed deletions are in brackets.4 * * * * * 5605. Board of Directors and Committees (a)–(b) No change. (c) Audit Committee Requirements (1) Audit Committee Charter Each Company must certify that it has adopted a formal written audit committee charter and that the audit committee has reviewed and reassessed the adequacy of the formal written charter on an annual basis. The charter must specify: (A) No change. (B) The audit committee’s responsibility for ensuring its receipt from the outside auditors of a formal written statement delineating all relationships between the auditor and the Company, [consistent with U.S.C. 78s(b)(1). CFR 240.19b–4. 3 17 CFR 240.19b–4(f)(6). 4 Changes are marked to the rule text that appears in the electronic manual of Nasdaq found at http://nasdaqomx.cchwallstreet.com. 2 17 BILLING CODE 8011–01–P 16:40 Apr 01, 2010 * SECURITIES AND EXCHANGE COMMISSION 1 15 [FR Doc. 2010–7628 Filed 3–31–10; 4:15 pm] VerDate Nov<24>2008 Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Nasdaq’s Rules To Eliminate an Outdated Reference Independence Standards Board Standard 1, and the audit committee’s responsibility for] actively engaging in a dialogue with the auditor with respect to any disclosed relationships or services that may impact the objectivity and independence of the auditor and for taking, or recommending that the full board take, appropriate action to oversee the independence of the outside auditor; and (C)–(D) No change. IM–5605–3. No change. (2)–(5) No change. (d)–(e) No change. March 26, 2010. send an e-mail request to Charles.Mierzwa@RRB.GOV. Comments regarding the information collection should be addressed to Patricia A. Henaghan, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611–2092 or send an e-mail to Patricia.Henaghan@RRB.GOV. Written comments should be received within 60 days of this notice. Jkt 220001 PO 00000 Frm 00159 Fmt 4703 Sfmt 4703 * * * * II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, Nasdaq 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 these statements may be examined at the places specified in Item IV below. Nasdaq has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Nasdaq Rule 5605(c)(1) describes the provisions that are required to be included in the audit committee charter of each Nasdaq-listed company. Among those provisions, Rule 5605(c)(1)(B) requires that the charter specify the audit committee’s responsibility for ‘‘ensuring its receipt from the outside auditors of a formal written statement delineating all relationships between the auditor and the Company, consistent with Independence Standards Board Standard 1. * * * ’’ The Independence Standards Board (‘‘ISB’’), which was created in 1997 through an agreement between the SEC and the AICPA ceased operations in 2001.5 In 2002, Congress adopted Section 103(b) of the Sarbanes-Oxley Act,6 directing the Public Company Accounting Oversight Board (the ‘‘PCAOB’’) to establish rules on auditor independence for public companies. Pursuant to that authority, the PCAOB adopted Rule 3526, Communication with Audit Committees Concerning Independence.7 This rule was designed 5 SEC Press Release 2001–72, available at http:// www.sec.gov/news/press/2001-72.txt. 6 15 U.S.C. 7213. 7 Exchange Act Release No. 58415 (August 22, 2008), 73 FR 50843 (August 28, 2008) (File No. E:\FR\FM\02APN1.SGM Continued 02APN1

Agencies

[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Notices]
[Pages 16876-16877]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7475]


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

RAILROAD RETIREMENT BOARD


Proposed Data Collection Available for Public Comment and 
Recommendations.

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/
Corporate Officer Work and Earnings Monitoring; OMB 3220-XXXX(New).
    Section 2 of the Railroad Retirement Act (RRA) provides for the 
payment of disability annuities to qualified employees. Section 2 also 
provides that if the Railroad Retirement Board (RRB) receives a report 
of an annuitant working for a railroad or earning more than prescribed 
dollar amounts from either nonrailroad employment or self-employment, 
the annuity is no longer payable, or can be reduced, for the months 
worked. The regulations related to the nonpayment or reduction of the 
annuity by reason of work are prescribed in 20 CFR 220.160-164.
    Some activities claimed by the applicant as ``self-employment'' may 
actually be employment for someone else (e.g. training officer, 
consultant, salesman). 20 CFR 216.229(c) states, for example, that an 
applicant is considered an employee, and not self-employed, when acting 
as a corporate officer, since the corporation is the applicant's 
employer. Whether the RRB classifies a particular activity, as self-
employment or as work for an employer depends upon the circumstances in 
each case. The circumstances are prescribed in 20 CFR 216.21-216.23.
    Certain types of work may actually indicate an annuitant's recovery 
from disability. Regulations related to an annuitant's recovery from 
disability of work are prescribed in 20 CFR 220.17-220.20.
    In addition, the RRB conducts continuing disability reviews, (also 
known as a CDR) to determine whether the annuitant continues to meet 
the disability requirements of the law. Payment of disability benefits 
and/or a beneficiary's period of disability will end if medical 
evidence or other information shows that an annuitant is not disabled 
under the standards prescribed in Section 2 of the RRA. Continuing 
disability reviews are generally conducted if one or more of the 
following conditions are met: (1) The annuitant is scheduled for a 
routine periodic review, (2) the annuitant returns to work and 
successfully completes a trial work period, (3) substantial earnings 
are posted to the annuitant's wage record, or (4) information is 
received from the annuitant or a reliable source that the annuitant has 
recovered or returned to work. Provisions relating to when and how 
often the RRB conducts disability reviews are prescribed in 20 CFR 
220.186.
    To enhance program integrity activities, the RRB proposes the 
implementation of Form G-252, Self-Employment/Corporate Officer Work 
and Earnings Monitoring. Form G-252 will obtain information from a 
disability annuitant who claims to be self-employed or a corporate 
officer or who the RRB determines to be self-employed or a corporate 
officer after a continuing disability review. The continuing disability 
review may be prompted by a report of work, return to railroad service, 
an allegation of a medical improvement or a routine disability review 
call-up. The information gathered will be used to determine entitlement 
and/or continued entitlement to, and the amount of, the disability 
annuity, as prescribed in 20 CFR 220.176. Completion will be required 
to retain benefits. One response will be required of each respondent.
    The estimated annual respondent burden is as follows:

                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                        Annual
                 Form (s)                     responses      Time (min)     Burden (hrs)
--------------------------------------------------------------------------------------------------
G-252.............................................             100              20              33
                                                   -------------------------------------------------------------
    Total.........................................             100  ..............              33
----------------------------------------------------------------------------------------------------------------

    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

[[Page 16877]]

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

Charles Mierzwa,
RRB Clearance Officer.
[FR Doc. 2010-7475 Filed 4-1-10; 8:45 am]
BILLING CODE 7905-01-P