Proposed Collection; Comment Request, 57256-57260 [2020-20306]
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57256
Federal Register / Vol. 85, No. 179 / Tuesday, September 15, 2020 / Notices
Portions Closed to the Public
1. Supervisory Matter. Closed
pursuant to Exemption (8).
CONTACT PERSON FOR MORE INFORMATION:
Gerard Poliquin, Secretary of the Board,
Telephone: 703–518–6304.
Week of September 21, 2020—Tentative
There are no meetings scheduled for
the week of September 21, 2020.
Gerard Poliquin,
Secretary of the Board.
[FR Doc. 2020–20355 Filed 9–11–20; 11:15 am]
Week of September 28, 2020—Tentative
BILLING CODE 7535–01–P
Weeks of September 14,
21, 28, October 5, 12, 19, 2020.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public.
Wednesday, September 30, 2020
9:00 a.m. Strategic Programmatic
Overview of the Operating Reactors
and New Reactors Business Lines
and Results of the Agency Action
Review Meeting (Public Meeting),
(Contact: Candace de Messieres:
301–415–8395)
Additional Information: Due to
COVID–19, there will be no physical
public attendance. The public is invited
to attend the Commission’s meeting live
by webcast at the web address—https://
www.nrc.gov/.
Week of September 14, 2020
Week of October 5, 2020—Tentative
Tuesday, September 15, 2020
Thursday, October 8, 2020
10:00 a.m. Meeting with the
Organization of Agreement States
and the Conference of Radiation
Control Program Directors (Public
Meeting), (Contact: Celimar
Valentin-Rodriquez: 301–415–7124)
Additional Information: Due to
COVID–19, there will be no physical
public attendance. The public is invited
to attend the Commission’s meeting live
by webcast at the web address—https://
www.nrc.gov/.
NUCLEAR REGULATORY
COMMISSION
[NRC–2020–0001]
Sunshine Act Meetings
TIME AND DATE:
jbell on DSKJLSW7X2PROD with NOTICES
Additional Information: Due to
COVID–19, there will be no physical
public attendance. The public is invited
to attend the Commission’s meeting live
by webcast at the web address—https://
www.nrc.gov/.
9:55 a.m. Affirmation Session (Public
Meeting) (Tentative), Direct Final
Rule: Reactor Vessel Material
Surveillance Program (RIN 3150–
AK07; NRC 2017 0151) (Tentative),
(Contact: Denise McGovern: 301–
415–0681)
Additional Information: By a vote of
5–0 on September 10, 2020, the
Commission determined pursuant to
U.S.C. 552b(e) and ’9.107(a) of the
Commission’s rules that the above
referenced Affirmation Session be held
with less than one week notice to the
public. The meeting is scheduled on
September 15, 2020. Due to COVID–19,
there will be no physical public
attendance. The public is invited to
attend the Commission’s meeting live by
webcast at the web address—https://
www.nrc.gov/.
10:00 a.m. Agency’s Response to the
COVID–19 Public Health
Emergency (Public Meeting),
(Contact: Luis Betancourt: 301–415–
6146)
Additional Information: Due to
COVID–19, there will be no physical
public attendance. The public is invited
to attend the Commission’s meeting live
by webcast at the web address—https://
www.nrc.gov/.
Thursday, September 17, 2020
10:00 a.m. Transformation at the
NRC—Milestones and Results
(Public Meeting), (Contact: Maria
Arribas-Colon: 301–415–6026)
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Week of October 12, 2020—Tentative
There are no meetings scheduled for
the week of October 12, 2020.
Week of October 19, 2020—Tentative
Wednesday, October 21, 2020
10:00 a.m. Briefing on Human Capital
and Equal Employment
Opportunity (Public Meeting),
(Contact: Randi Neff: 301–287–
0583)
Additional Information: Due to
COVID–19, there will be no physical
public attendance. The public is invited
to attend the Commission’s meeting live
by webcast at the web address—https://
www.nrc.gov/.
1:00 p.m. All Employees Meeting with
the Commissioners (Public Meeting)
Additional Information: Due to
COVID–19, there will be no physical
public attendance. The public is invited
to attend the Commission’s meeting live
by webcast at the web address—https://
www.nrc.gov/.
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CONTACT PERSON FOR MORE INFORMATION:
For more information or to verify the
status of meetings, contact Denise
McGovern at 301–415–0681 or via email
at Denise.McGovern@nrc.gov. The
schedule for Commission meetings is
subject to change on short notice.
The NRC Commission Meeting
Schedule can be found on the internet
at: https://www.nrc.gov/public-involve/
public-meetings/schedule.html.
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.,
braille, large print), please notify Anne
Silk, NRC Disability Program Specialist,
at 301–287–0745, by videophone at
240–428–3217, or by email at
Anne.Silk@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
Members of the public may request to
receive this information electronically.
If you would like to be added to the
distribution, please contact the Nuclear
Regulatory Commission, Office of the
Secretary, Washington, DC 20555, (301–
415–1969), or by email at
Wendy.Moore@nrc.gov or Tyesha.Bush@
nrc.gov.
The NRC is holding the meetings
under the authority of the Government
in the Sunshine Act, 5 U.S.C. 552b.
Dated: September 10, 2020.
For the Nuclear Regulatory Commission.
Denise L. McGovern,
Policy Coordinator, Office of the Secretary.
[FR Doc. 2020–20352 Filed 9–11–20; 4:15 pm]
BILLING CODE 7590–01–P
RAILROAD RETIREMENT BOARD
Proposed Collection; Comment
Request
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
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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: Supplemental Information on
Accident and Insurance; OMB 3220–
0036.
Under Section 12(o) of the Railroad
Unemployment Insurance Act (RUIA)
(45 U.S.C 362 (o)), the Railroad
Retirement Board (RRB) is entitled to
reimbursement of the sickness benefits
paid to a railroad employee if the
employee receives a sum or damages for
the same infirmity for which the
benefits are paid. Section 2(f) of the
RUIA requires employers to reimburse
the RRB for days in which salary, wages,
pay for time lost or other remuneration
is later determined to be payable.
Reimbursements under section 2(f)
generally result from the award of pay
for time lost or the payment of
guaranteed wages. The RUIA prescribes
that the amount of benefits paid be
deducted and held by the employer in
a special fund for reimbursement to the
RRB.
The RRB currently utilizes Forms SI–
1c, Supplemental Information on
Accident and Insurance; SI–5, Report of
Payments to Employee Claiming
Sickness Benefits Under the RUIA; ID–
3s and ID–3s (internet), Request for Lien
Information—Report of Settlement; ID–
3s–1, Lien Information Under Section
12(o) of the RUIA; ID–3u and ID–3u
(internet), Request for Section 2(f)
Information; ID–30k, Notice to Request
Supplemental Information on Injury or
Illness; and ID–30k–1, Notice to Request
Supplemental Information on Injury or
Illness; to obtain the necessary
information from claimants and railroad
employers. Completion is required to
obtain benefits. One response is
requested of each respondent. The RRB
proposes no changes to SI–1c, SI–5, ID–
3s, ID–3s (internet), ID–3u, ID–3u
(internet), and ID–30k. The RRB
proposes to remove Form ID–30K–1
from the Information Collection due to
less than 10 responses per year.
ESTIMATE OF ANNUAL RESPONDENT BURDEN
Annual
responses
Form No.
SI–1c ............................................................................................................................................
SI–5 ..............................................................................................................................................
ID–3s (paper & telephone) ..........................................................................................................
ID–3s (internet) ............................................................................................................................
ID–3s–1 (paper & telephone) ......................................................................................................
ID–3u (paper & telephone) ..........................................................................................................
ID–3u (internet) ............................................................................................................................
ID–30k ..........................................................................................................................................
1,700
100
2,000
2,000
1,200
1,000
800
100
5
5
3
3
3
3
3
5
142
8
100
100
60
50
40
8
Total ......................................................................................................................................
8,900
........................
508
2. Title and purpose of information
collection: Pension Plan Reports; OMB
3220–0089.
Under Section 2(b) of the Railroad
Retirement Act (RRA) (45 U.S.C. 231a),
the Railroad Retirement Board (RRB)
pays supplemental annuities to
qualified RRB employee annuitants. A
supplemental annuity, which is
computed according to Section 3(e) of
the RRA, can be paid at age 60 if the
employee has at least 30 years of
creditable railroad service or at age 65
if the employee has 25–29 years of
railroad service. In addition to 25 years
of service, a ‘‘current connection’’ with
the railroad industry is required.
Eligibility is further limited to
employees who had at least 1 month of
rail service before October 1981 and
were awarded regular annuities after
June 1966. Further, if an employee’s
65th birthday was prior to September 2,
1981, he or she must not have worked
in rail service after certain closing dates
(generally the last day of the month
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Burden
(hours)
Time
following the month in which age 65 is
attained). Under Section 2(h)(2) of the
RRA, the amount of the supplemental
annuity is reduced if the employee
receives monthly pension payments, or
a lump-sum pension payment from a
private pension from a railroad
employer, to the extent the payments
are based on contributions from that
employer. The employee’s own
contribution to their pension account
does not cause a reduction. A private
railroad employer pension is defined in
20 CFR 216.42.
The RRB requires the following
information from railroad employers to
calculate supplemental annuities: (a)
The current status of railroad employer
pension plans and whether such plans
cause reductions to the supplemental
annuity; (b) whether the employee
receives monthly payments from a
private railroad employer pension,
elected to receive a lump sum in lieu of
monthly pension payments from such a
plan, or was required to receive a lump
sum from such a plan due to the plan’s
small benefit provision; and (c) the
amount of the payments attributable to
the railroad employer’s contributions.
The requirement that railroad employers
furnish pension information to the RRB
is contained in 20 CFR 209.2.
The RRB currently utilizes Form G–
88p and G–88p (internet), Employer’s
Supplemental Pension Report, and
Form G–88r, Request for Information
About New or Revised Employer
Pension Plan, to obtain the necessary
information from railroad employers.
One response is requested of each
respondent. Completion is mandatory.
The RRB proposes no changes to G–
88P and G–88P (internet). The RRB
proposes the following minor nonburden impacting changes to Form G–
88R:
• Change work unit contact from
‘‘RAC’’ to ‘‘SESC’’ and
• update the fax number to the
current number.
ESTIMATE OF ANNUAL RESPONDENT BURDEN
Annual
responses
Form No.
G–88p ..........................................................................................................................................
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100
15SEN1
Time
(minutes)
Burden
(hours)
8
13
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Federal Register / Vol. 85, No. 179 / Tuesday, September 15, 2020 / Notices
ESTIMATE OF ANNUAL RESPONDENT BURDEN—Continued
Annual
responses
Form No.
Time
(minutes)
Burden
(hours)
G–88p (internet) ...........................................................................................................................
G–88r ...........................................................................................................................................
200
10
6
8
20
1
Total ......................................................................................................................................
310
........................
34
employee; (2) the amount of spouse and
survivor annuities; and (3) the Tier II
restored amount payable to a widow(er)
whose annuity was reduced for receipt
of an employee annuity, and who was
dependent on the railroad employee in
the year prior to the employee’s death.
One-half support may also negate the
public service pension offset in Tier I
for a spouse or widow(er). The Railroad
Retirement Board (RRB) utilizes Form
3. Title and purpose of information
collection: Statement Regarding
Contributions and Support; OMB 3220–
0099.
Under Section 2 of the Railroad
Retirement Act (45 U.S.C. 231a),
dependency on an employee for onehalf support at the time of the
employee’s death can affect (1)
entitlement to a survivor annuity when
the survivor is a parent of the deceased
G–134, Statement Regarding
Contributions and Support, to secure
information needed to adequately
determine if the applicant meets the
one-half support requirement. One
response is completed by each
respondent. Completion is required to
obtain benefits. The RRB proposes a
minor editorial change to Form G–134
to change the date under Section 1
‘‘General Instructions’’.
ESTIMATE OF ANNUAL RESPONDENT BURDEN
Annual
responses
Form No.
Time
(minutes)
Burden
(hours)
G–134:
With Assistance ....................................................................................................................
Without assistance ...............................................................................................................
75
25
147
180
184
75
Total ...............................................................................................................................
100
........................
259
recovery would cause financial
hardship. The regulations for the
recovery and waiver of erroneous
payments are contained in 20 CFR 255
and CFR 340.
The RRB utilizes Form DR–423,
Financial Disclosure Statement, to
obtain information about the overpaid
beneficiary’s income, debts, and
expenses if that person indicates that
(s)he cannot make restitution for the
overpayment. The information is used
to determine if the overpayment should
4. Title and purpose of information
collection: Financial Disclosure
Statement; OMB 3220–0127.
Under Section 10 of the Railroad
Retirement Act and Section 2(d) of the
Railroad Unemployment Insurance Act
(45 U.S.C. 231i), the RRB may recover
overpayments of annuities, pensions,
death benefits, unemployment benefits,
and sickness benefits that were made
erroneously. An overpayment may be
waived if the beneficiary was not at
fault in causing the overpayment and
be waived as wholly or partially
uncollectible. If waiver is denied, the
information is used to determine the
size and frequency of installment
payments. The beneficiary is made
aware of the overpayment by letter and
is offered a variety of methods for
recovery. One response is requested of
each respondent. Completion is
voluntary. However, failure to provide
the requested information may result in
a denial of the waiver request. The RRB
proposes no changes to Form DR–423.
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ESTIMATE OF ANNUAL RESPONDENT BURDEN
Form No.
Annual
responses
Time
(minutes)
Burden
(hours)
DR–423 ........................................................................................................................................
1,200
85
1,700
6. Title and purpose of information
collection: Representative Payee
Monitoring; OMB 3220–0151.
Under Section 12 of the Railroad
Retirement Act (RRA) (45 U.S.C. 231k),
the RRB may pay annuity benefits to a
representative payee when an employee,
spouse, or survivor annuitant is
incompetent or a minor. The RRB is
responsible for determining if direct
payment to an annuitant or a
representative payee would best serve
the annuitant’s best interest. The
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accountability requirements authorizing
the RRB to conduct periodic monitoring
of representative payees, including a
written accounting of benefit payments
received, are prescribed in 20 CFR
266.7. The RRB utilizes the following
forms to conduct its representative
payee monitoring program.
Form G–99a, Representative Payee
Report, is used to obtain information
needed to determine whether the benefit
payments certified to the representative
payee have been used for the
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annuitant’s current maintenance and
personal needs and whether the
representative payee continues to be
concerned with the annuitant’s welfare.
RRB Form G–99c, Representative Payee
Evaluation Report, is used to obtain
more detailed information from a
representative payee who fails to
complete and return Form G–99a or in
situations when the returned Form G–
99a indicates the possible misuse of
funds by the representative payee. Form
G–99c contains specific questions
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concerning the representative payee’s
performance and is used by the RRB to
determine whether or not the
representative payee should continue in
that capacity. The RRB proposes the
following changes to Form G–99a:
• Add drop-down box ‘‘Second
Request’’ at the top of the form to when
the RRB needs to follow-up with a
Representative Payee who did not
response to the initial request.
• Add computer-generated address
fields to mail the form to a
Representative Payee.
• Slight change to question’s 1, 3, and
9 wording to clarify and improve the
reliability of responses.
The RRB proposes the following
change to Form G–99c:
• Slight change question 9 wording to
clarify and improve the reliability of
responses.
Form G–106, Statement of Care and
Responsibility to Annuitant is used in
cases where the representative payee
does not have custody of the annuitant.
Form G–106 is used to solicit
information about the representative
payee’s performance and the annuitant’s
well-being from the custodian of the
annuitant. The form contains specific
questions concerning the representative
payee’s performance, and is used by the
RRB to determine whether or not the
representative payee should continue in
that capacity. Completion of the forms
in this collection is required to retain
benefits.
The RRB proposes no changes for
Form G–106.
ESTIMATE OF ANNUAL RESPONDENT BURDEN
Annual
responses
Form No.
Time
(minutes)
Burden
(hours)
G–99a (legal and all other, excepting parent for child) ...............................................................
G–99c (Parts I and II) ..................................................................................................................
G–99c (Parts I, II, and III) ............................................................................................................
G–106 ..........................................................................................................................................
5,300
300
120
500
18
24
31
10
1,590
120
62
83
Total ......................................................................................................................................
6,220
........................
1,885
prescribed amounts. The provisions
relating to the reduction or nonpayment of annuities by reason of work
are prescribed in 20 CFR 230.
The RRB utilizes Form G–19–F,
Earnings Information Request, to obtain
earnings information that either had not
been previously reported or erroneously
7. Title and purpose of information
collection: Earnings Information
Request; OMB 3220–0184.
Under Section 2 of the Railroad
Retirement Act (45 U.S.C. 231a), an
annuity is not payable, or is reduced for
any month(s) in which the beneficiary
works for a railroad or earns more than
reported by a beneficiary. Currently the
claimant is asked to enter the date they
stopped working, if applicable. If a
respondent fails to complete the form,
the RRB may be unable to pay them
benefits. One response is requested of
each respondent. The RRB proposes no
changes to the Form G–19–F.
ESTIMATE OF ANNUAL RESPONDENT BURDEN
Annual
responses
Form No.
Burden
(hours)
G–19–F ........................................................................................................................................
900
8
120
Total ......................................................................................................................................
900
........................
120
8. Title and purpose of information
collection: Job Information Report, OMB
3220–0193.
The Railroad Retirement Board (RRB)
occupational disability standards allow
the RRB to request job information from
railroad employers to determine an
applicant’s eligibility for an
occupational disability.
To determine an occupational
disability, the RRB must obtain the
employee’s work history and establish if
the employee is precluded from
performing his or her regular railroad
occupation. This is accomplished by
comparing the restrictions caused by the
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Time
(minutes)
impairment(s) against the employee’s
ability to perform his or her job duties.
To collect the information needed to
determine the effect of a disability on an
employee applicant’s ability to work,
the RRB utilizes Form G–251,
Vocational Report (OMB 3220–0141)
which is completed by the applicant.
Form G–251A, Railroad Job
Information, requests railroad
employers to provide information
regarding whether the employee has
been medically disqualified from their
railroad occupation; a summary of the
employee’s duties; the machinery, tools
and equipment used by the employee;
the environmental conditions under
which the employee performs their
duties; all sensory requirements (vision,
hearing, speech) needed to perform the
employee’s duties; the physical actions
and amount of time (frequency) allotted
for those actions that may be required
by the employee to perform their duties
during a typical work day; any
permanent working accommodations an
employer may have made due to the
employee’s disability; as well as any
other relevant information they may
choose to include. Completion is
voluntary. The RRB proposes no
changes to Form G–251A.
ESTIMATE OF ANNUAL RESPONDENT BURDEN
Form No.
Annual
responses
Time
(minutes)
Burden
(hours)
G–251A ........................................................................................................................................
500
60
500
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9. Title and purpose of information
collection: Statement Regarding
Contributions and Support of Children;
OMB 3220–0195.
Section 2(d)(4) of the Railroad
Retirement Act (RRA) (45 U.S.C. 231a),
provides, in part, that a child is deemed
dependent if the conditions set forth in
Section 202(d)(3), (4) and (9) of the
Social Security Act are met. Section
202(d)(4) of the Social Security Act, as
amended by Public Law 104–121,
requires as a condition of dependency,
that a child receives one-half of his or
her support from the stepparent. This
dependency impacts upon the
entitlement of a spouse or survivor of an
employee whose entitlement is based
upon having a stepchild of the
employee in care, or on an individual
seeking a child’s annuity as a stepchild
of an employee. Therefore, depending
on the employee for at least one-half
support is a condition affecting
eligibility for increasing an employee or
spouse annuity under the social security
overall minimum provisions on the
basis of the presence of a dependent
child, the employee’s natural child in
limited situations, adopted children,
stepchildren, grandchildren, stepgrandchildren and equitably adopted
children. The regulations outlining
child support and dependency
requirements are prescribed in 20 CFR
222.50–57.
In order to correctly determine if an
applicant is entitled to a child’s annuity
based on actual dependency, the RRB
uses Form G–139, Statement Regarding
Contributions and Support of Children,
to obtain financial information needed
to make a comparison between the
amount of support received from the
railroad employee and the amount
received from other sources. Completion
is required to obtain a benefit. One
response is required of each respondent.
The RRB proposes a minor editorial
change to Form G–139 to change the
date under Section 1 ‘‘General
Instructions’’.
ESTIMATE OF ANNUAL RESPONDENT BURDEN
Form No.
Annual
responses
Time
(minutes)
Burden
(hours)
G–139 ..........................................................................................................................................
500
60
500
Additional Information or Comments:
To request more information or to
obtain a copy of the information
collection justification, forms, and/or
supporting material, contact Kennisha
Tucker at (312) 469–2591 or
Kennisha.Tucker@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 Foster,
Clearance Officer.
[FR Doc. 2020–20306 Filed 9–14–20; 8:45 am]
BILLING CODE 7905–01–P
SECURITIES AND EXCHANGE
COMMISSION
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[Release No. 34–89794; File No. SR–
NASDAQ–2020–026]
Self-Regulatory Organizations; The
Nasdaq Stock Market LLC; Notice of
Filing of Amendment No. 1 and Order
Instituting Proceedings To Determine
Whether To Approve or Disapprove a
Proposed Rule Change, as Modified by
Amendment No. 1, To Adopt a New
Requirement Related to the
Qualification of Management for
Companies From Restrictive Markets
September 9, 2020.
I. Introduction
On May 29, 2020, The Nasdaq Stock
Market LLC (‘‘Nasdaq’’ or ‘‘Exchange’’)
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filed with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder,2 a proposed rule
change to adopt a new requirement
related to the qualification of
management for companies whose
business is principally administered in
a jurisdiction that has secrecy laws,
blocking statutes, national security laws,
or other laws or regulations restricting
access to information by regulators of
U.S.-listed companies. The proposed
rule change was published for comment
in the Federal Register on June 12,
2020.3 On July 20, 2020, pursuant to
Section 19(b)(2) of the Act,4 the
Commission designated a longer period
within which to approve the proposed
rule change, disapprove the proposed
rule change, or institute proceedings to
determine whether to disapprove the
proposed rule change.5 On August 21,
2020, the Exchange filed Amendment
No. 1 to the proposed rule change,
which replaced and superseded the
proposed rule change as originally
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 89028
(June 8, 2020), 85 FR 35967 (‘‘Notice’’). Comments
on the proposed rule change can be found at:
https://www.sec.gov/comments/sr-nasdaq-2020026/srnasdaq2020026.htm.
4 15 U.S.C. 78s(b)(2).
5 See Securities Exchange Act Release No. 89342,
85 FR 44951 (July 24, 2020). The Commission
designated September 10, 2020 as the date by which
the Commission shall approve or disapprove, or
institute proceedings to determine whether to
approve or disapprove, the proposed rule change.
2 17
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
filed.6 The Commission is publishing
this notice and order to solicit
comments on the proposed rule change,
as modified by Amendment No. 1, from
interested persons and to institute
proceedings pursuant to Section
19(b)(2)(B) of the Act 7 to determine
whether to approve or disapprove the
proposed rule change, as modified by
Amendment No. 1.
II. Exchange’s Description of the
Proposed Rule Change, as Modified by
Amendment No. 1
The Exchange states that it has
observed instances where it appears that
a company’s management lacked
familiarity with the requirements to be
a Nasdaq-listed public company in the
U.S. or was otherwise unprepared for
the rigors of operating as a public
company.8 The Exchange further states
6 Amendment No. 1 is available at https://
www.sec.gov/comments/sr-nasdaq-2020-026/
srnasdaq2020026.htm.
7 15 U.S.C. 78s(b)(2)(B).
8 The Exchange states that, under federal
securities laws, a company’s management is
responsible for preparing financial statements and
for establishing and maintaining disclosure controls
and procedures and internal control over financial
reporting. See Amendment 1, supra note 6, at 4–5
(citing Sections 404(b), 302, and 906 of the
Sarbanes-Oxley Act of 2002, Pub. L. 107–204, 116
Stat. 745 (2002)). In addition, the Exchange states
that its listing requirements include quantitative
criteria based on the company’s financial
statements and market information, impose
disclosure obligations, and establish minimum
corporate governance requirements, and that a
listed company’s management is responsible for
ensuring compliance with these listing
requirements on an ongoing basis. See id. (citing
Nasdaq Listing Rule 5625 (Notification of
Noncompliance)).
E:\FR\FM\15SEN1.SGM
15SEN1
]]>Agencies
[Federal Register Volume 85, Number 179 (Tuesday, September 15, 2020)]
[Notices]
[Pages 57256-57260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20306]
=======================================================================
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RAILROAD RETIREMENT BOARD
Proposed Collection; Comment Request
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
[[Page 57257]]
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: Supplemental
Information on Accident and Insurance; OMB 3220-0036.
Under Section 12(o) of the Railroad Unemployment Insurance Act
(RUIA) (45 U.S.C 362 (o)), the Railroad Retirement Board (RRB) is
entitled to reimbursement of the sickness benefits paid to a railroad
employee if the employee receives a sum or damages for the same
infirmity for which the benefits are paid. Section 2(f) of the RUIA
requires employers to reimburse the RRB for days in which salary,
wages, pay for time lost or other remuneration is later determined to
be payable. Reimbursements under section 2(f) generally result from the
award of pay for time lost or the payment of guaranteed wages. The RUIA
prescribes that the amount of benefits paid be deducted and held by the
employer in a special fund for reimbursement to the RRB.
The RRB currently utilizes Forms SI-1c, Supplemental Information on
Accident and Insurance; SI-5, Report of Payments to Employee Claiming
Sickness Benefits Under the RUIA; ID-3s and ID-3s (internet), Request
for Lien Information--Report of Settlement; ID-3s-1, Lien Information
Under Section 12(o) of the RUIA; ID-3u and ID-3u (internet), Request
for Section 2(f) Information; ID-30k, Notice to Request Supplemental
Information on Injury or Illness; and ID-30k-1, Notice to Request
Supplemental Information on Injury or Illness; to obtain the necessary
information from claimants and railroad employers. Completion is
required to obtain benefits. One response is requested of each
respondent. The RRB proposes no changes to SI-1c, SI-5, ID-3s, ID-3s
(internet), ID-3u, ID-3u (internet), and ID-30k. The RRB proposes to
remove Form ID-30K-1 from the Information Collection due to less than
10 responses per year.
Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
Annual
Form No. responses Time Burden (hours)
----------------------------------------------------------------------------------------------------------------
SI-1c........................................................... 1,700 5 142
SI-5............................................................ 100 5 8
ID-3s (paper & telephone)....................................... 2,000 3 100
ID-3s (internet)................................................ 2,000 3 100
ID-3s-1 (paper & telephone)..................................... 1,200 3 60
ID-3u (paper & telephone)....................................... 1,000 3 50
ID-3u (internet)................................................ 800 3 40
ID-30k.......................................................... 100 5 8
-----------------------------------------------
Total....................................................... 8,900 .............. 508
----------------------------------------------------------------------------------------------------------------
2. Title and purpose of information collection: Pension Plan
Reports; OMB 3220-0089.
Under Section 2(b) of the Railroad Retirement Act (RRA) (45 U.S.C.
231a), the Railroad Retirement Board (RRB) pays supplemental annuities
to qualified RRB employee annuitants. A supplemental annuity, which is
computed according to Section 3(e) of the RRA, can be paid at age 60 if
the employee has at least 30 years of creditable railroad service or at
age 65 if the employee has 25-29 years of railroad service. In addition
to 25 years of service, a ``current connection'' with the railroad
industry is required. Eligibility is further limited to employees who
had at least 1 month of rail service before October 1981 and were
awarded regular annuities after June 1966. Further, if an employee's
65th birthday was prior to September 2, 1981, he or she must not have
worked in rail service after certain closing dates (generally the last
day of the month following the month in which age 65 is attained).
Under Section 2(h)(2) of the RRA, the amount of the supplemental
annuity is reduced if the employee receives monthly pension payments,
or a lump-sum pension payment from a private pension from a railroad
employer, to the extent the payments are based on contributions from
that employer. The employee's own contribution to their pension account
does not cause a reduction. A private railroad employer pension is
defined in 20 CFR 216.42.
The RRB requires the following information from railroad employers
to calculate supplemental annuities: (a) The current status of railroad
employer pension plans and whether such plans cause reductions to the
supplemental annuity; (b) whether the employee receives monthly
payments from a private railroad employer pension, elected to receive a
lump sum in lieu of monthly pension payments from such a plan, or was
required to receive a lump sum from such a plan due to the plan's small
benefit provision; and (c) the amount of the payments attributable to
the railroad employer's contributions. The requirement that railroad
employers furnish pension information to the RRB is contained in 20 CFR
209.2.
The RRB currently utilizes Form G-88p and G-88p (internet),
Employer's Supplemental Pension Report, and Form G-88r, Request for
Information About New or Revised Employer Pension Plan, to obtain the
necessary information from railroad employers. One response is
requested of each respondent. Completion is mandatory.
The RRB proposes no changes to G-88P and G-88P (internet). The RRB
proposes the following minor non-burden impacting changes to Form G-
88R:
Change work unit contact from ``RAC'' to ``SESC'' and
update the fax number to the current number.
Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
Annual
Form No. responses Time (minutes) Burden (hours)
----------------------------------------------------------------------------------------------------------------
G-88p........................................................... 100 8 13
[[Page 57258]]
G-88p (internet)................................................ 200 6 20
G-88r........................................................... 10 8 1
-----------------------------------------------
Total....................................................... 310 .............. 34
----------------------------------------------------------------------------------------------------------------
3. Title and purpose of information collection: Statement Regarding
Contributions and Support; OMB 3220-0099.
Under Section 2 of the Railroad Retirement Act (45 U.S.C. 231a),
dependency on an employee for one-half support at the time of the
employee's death can affect (1) entitlement to a survivor annuity when
the survivor is a parent of the deceased employee; (2) the amount of
spouse and survivor annuities; and (3) the Tier II restored amount
payable to a widow(er) whose annuity was reduced for receipt of an
employee annuity, and who was dependent on the railroad employee in the
year prior to the employee's death. One-half support may also negate
the public service pension offset in Tier I for a spouse or widow(er).
The Railroad Retirement Board (RRB) utilizes Form G-134, Statement
Regarding Contributions and Support, to secure information needed to
adequately determine if the applicant meets the one-half support
requirement. One response is completed by each respondent. Completion
is required to obtain benefits. The RRB proposes a minor editorial
change to Form G-134 to change the date under Section 1 ``General
Instructions''.
Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
Annual
Form No. responses Time (minutes) Burden (hours)
----------------------------------------------------------------------------------------------------------------
G-134:
With Assistance............................................. 75 147 184
Without assistance.......................................... 25 180 75
-----------------------------------------------
Total................................................... 100 .............. 259
----------------------------------------------------------------------------------------------------------------
4. Title and purpose of information collection: Financial
Disclosure Statement; OMB 3220-0127.
Under Section 10 of the Railroad Retirement Act and Section 2(d) of
the Railroad Unemployment Insurance Act (45 U.S.C. 231i), the RRB may
recover overpayments of annuities, pensions, death benefits,
unemployment benefits, and sickness benefits that were made
erroneously. An overpayment may be waived if the beneficiary was not at
fault in causing the overpayment and recovery would cause financial
hardship. The regulations for the recovery and waiver of erroneous
payments are contained in 20 CFR 255 and CFR 340.
The RRB utilizes Form DR-423, Financial Disclosure Statement, to
obtain information about the overpaid beneficiary's income, debts, and
expenses if that person indicates that (s)he cannot make restitution
for the overpayment. The information is used to determine if the
overpayment should be waived as wholly or partially uncollectible. If
waiver is denied, the information is used to determine the size and
frequency of installment payments. The beneficiary is made aware of the
overpayment by letter and is offered a variety of methods for recovery.
One response is requested of each respondent. Completion is voluntary.
However, failure to provide the requested information may result in a
denial of the waiver request. The RRB proposes no changes to Form DR-
423.
Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
Annual
Form No. responses Time (minutes) Burden (hours)
----------------------------------------------------------------------------------------------------------------
DR-423....................................................... 1,200 85 1,700
----------------------------------------------------------------------------------------------------------------
6. Title and purpose of information collection: Representative
Payee Monitoring; OMB 3220-0151.
Under Section 12 of the Railroad Retirement Act (RRA) (45 U.S.C.
231k), the RRB may pay annuity benefits to a representative payee when
an employee, spouse, or survivor annuitant is incompetent or a minor.
The RRB is responsible for determining if direct payment to an
annuitant or a representative payee would best serve the annuitant's
best interest. The accountability requirements authorizing the RRB to
conduct periodic monitoring of representative payees, including a
written accounting of benefit payments received, are prescribed in 20
CFR 266.7. The RRB utilizes the following forms to conduct its
representative payee monitoring program.
Form G-99a, Representative Payee Report, is used to obtain
information needed to determine whether the benefit payments certified
to the representative payee have been used for the annuitant's current
maintenance and personal needs and whether the representative payee
continues to be concerned with the annuitant's welfare. RRB Form G-99c,
Representative Payee Evaluation Report, is used to obtain more detailed
information from a representative payee who fails to complete and
return Form G-99a or in situations when the returned Form G-99a
indicates the possible misuse of funds by the representative payee.
Form G-99c contains specific questions
[[Page 57259]]
concerning the representative payee's performance and is used by the
RRB to determine whether or not the representative payee should
continue in that capacity. The RRB proposes the following changes to
Form G-99a:
Add drop-down box ``Second Request'' at the top of the
form to when the RRB needs to follow-up with a Representative Payee who
did not response to the initial request.
Add computer-generated address fields to mail the form to
a Representative Payee.
Slight change to question's 1, 3, and 9 wording to clarify
and improve the reliability of responses.
The RRB proposes the following change to Form G-99c:
Slight change question 9 wording to clarify and improve
the reliability of responses.
Form G-106, Statement of Care and Responsibility to Annuitant is
used in cases where the representative payee does not have custody of
the annuitant. Form G-106 is used to solicit information about the
representative payee's performance and the annuitant's well-being from
the custodian of the annuitant. The form contains specific questions
concerning the representative payee's performance, and is used by the
RRB to determine whether or not the representative payee should
continue in that capacity. Completion of the forms in this collection
is required to retain benefits.
The RRB proposes no changes for Form G-106.
Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
Annual
Form No. responses Time (minutes) Burden (hours)
----------------------------------------------------------------------------------------------------------------
G-99a (legal and all other, excepting parent for child)......... 5,300 18 1,590
G-99c (Parts I and II).......................................... 300 24 120
G-99c (Parts I, II, and III).................................... 120 31 62
G-106........................................................... 500 10 83
-----------------------------------------------
Total....................................................... 6,220 .............. 1,885
----------------------------------------------------------------------------------------------------------------
7. Title and purpose of information collection: Earnings
Information Request; OMB 3220-0184.
Under Section 2 of the Railroad Retirement Act (45 U.S.C. 231a), an
annuity is not payable, or is reduced for any month(s) in which the
beneficiary works for a railroad or earns more than prescribed amounts.
The provisions relating to the reduction or non-payment of annuities by
reason of work are prescribed in 20 CFR 230.
The RRB utilizes Form G-19-F, Earnings Information Request, to
obtain earnings information that either had not been previously
reported or erroneously reported by a beneficiary. Currently the
claimant is asked to enter the date they stopped working, if
applicable. If a respondent fails to complete the form, the RRB may be
unable to pay them benefits. One response is requested of each
respondent. The RRB proposes no changes to the Form G-19-F.
Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
Annual
Form No. responses Time (minutes) Burden (hours)
----------------------------------------------------------------------------------------------------------------
G-19-F.......................................................... 900 8 120
-----------------------------------------------
Total....................................................... 900 .............. 120
----------------------------------------------------------------------------------------------------------------
8. Title and purpose of information collection: Job Information
Report, OMB 3220-0193.
The Railroad Retirement Board (RRB) occupational disability
standards allow the RRB to request job information from railroad
employers to determine an applicant's eligibility for an occupational
disability.
To determine an occupational disability, the RRB must obtain the
employee's work history and establish if the employee is precluded from
performing his or her regular railroad occupation. This is accomplished
by comparing the restrictions caused by the impairment(s) against the
employee's ability to perform his or her job duties.
To collect the information needed to determine the effect of a
disability on an employee applicant's ability to work, the RRB utilizes
Form G-251, Vocational Report (OMB 3220-0141) which is completed by the
applicant.
Form G-251A, Railroad Job Information, requests railroad employers
to provide information regarding whether the employee has been
medically disqualified from their railroad occupation; a summary of the
employee's duties; the machinery, tools and equipment used by the
employee; the environmental conditions under which the employee
performs their duties; all sensory requirements (vision, hearing,
speech) needed to perform the employee's duties; the physical actions
and amount of time (frequency) allotted for those actions that may be
required by the employee to perform their duties during a typical work
day; any permanent working accommodations an employer may have made due
to the employee's disability; as well as any other relevant information
they may choose to include. Completion is voluntary. The RRB proposes
no changes to Form G-251A.
Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
Annual
Form No. responses Time (minutes) Burden (hours)
----------------------------------------------------------------------------------------------------------------
G-251A....................................................... 500 60 500
----------------------------------------------------------------------------------------------------------------
[[Page 57260]]
9. Title and purpose of information collection: Statement Regarding
Contributions and Support of Children; OMB 3220-0195.
Section 2(d)(4) of the Railroad Retirement Act (RRA) (45 U.S.C.
231a), provides, in part, that a child is deemed dependent if the
conditions set forth in Section 202(d)(3), (4) and (9) of the Social
Security Act are met. Section 202(d)(4) of the Social Security Act, as
amended by Public Law 104-121, requires as a condition of dependency,
that a child receives one-half of his or her support from the
stepparent. This dependency impacts upon the entitlement of a spouse or
survivor of an employee whose entitlement is based upon having a
stepchild of the employee in care, or on an individual seeking a
child's annuity as a stepchild of an employee. Therefore, depending on
the employee for at least one-half support is a condition affecting
eligibility for increasing an employee or spouse annuity under the
social security overall minimum provisions on the basis of the presence
of a dependent child, the employee's natural child in limited
situations, adopted children, stepchildren, grandchildren, step-
grandchildren and equitably adopted children. The regulations outlining
child support and dependency requirements are prescribed in 20 CFR
222.50-57.
In order to correctly determine if an applicant is entitled to a
child's annuity based on actual dependency, the RRB uses Form G-139,
Statement Regarding Contributions and Support of Children, to obtain
financial information needed to make a comparison between the amount of
support received from the railroad employee and the amount received
from other sources. Completion is required to obtain a benefit. One
response is required of each respondent. The RRB proposes a minor
editorial change to Form G-139 to change the date under Section 1
``General Instructions''.
Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
Annual
Form No. responses Time (minutes) Burden (hours)
----------------------------------------------------------------------------------------------------------------
G-139........................................................ 500 60 500
----------------------------------------------------------------------------------------------------------------
Additional Information or Comments: To request more information or
to obtain a copy of the information collection justification, forms,
and/or supporting material, contact Kennisha Tucker at (312) 469-2591
or [email protected]. 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 [email protected]. Written comments should be received within 60
days of this notice.
Brian Foster,
Clearance Officer.
[FR Doc. 2020-20306 Filed 9-14-20; 8:45 am]
BILLING CODE 7905-01-P
