59628 Federal Register / Vol. 69, No. 192 / Tuesday, October 5, 2004 / Notices 

1 15 U.S.C. 78s(b)(1).

2 17 CFR 240.19b–4.

3See letter from Jamie Galvin, Attorney II, Legal 

Division, CBOE, to Ira Brandriss, Assistant Director, 

Division of Market Regulation, Commission, dated 

September 27, 2004 (‘‘Amendment No. 1’’). In 

Amendment No. 1, the CBOE converted the original 

proposed rule change from a proposal filed 

pursuant to Section 19(b)(3)(A)(ii) of th eAct and 

Rule 19b–4(f)(2) thereunder to a ‘‘noncontroversial’’ proposal filed pursuant to Section 

19(b)(3)(A) of the Act and Rule 19b–4(f)(6) 

thereunder, and requested waiver of the 30-day preoperative period and pre-filing notice requirement 

for ‘‘non-controversial’’ proposals.

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: Railroad Service and 

Compensation Reports; OMB 3220–

0008. Under Section 9 of the Railroad 

Retirement Act (RRA), railroad 

employers are required to submit 

reports of their employees’ service and 

compensation. Also, under Section 9 of 

the RRA and Section 6 of the Railroad 

Unemployment Insurance Act (RUIA) 

the Railroad Retirement Board (RRB) 

maintains, for each railroad employee, a 

record of the compensation paid by all 

railroad employers for whom the 

employee worked after 1936. This 

record, which is used by the RRB to 

determine eligibility for, and amount of, 

benefits due under the laws it 

administers, is conclusive as to the 

amount of compensation paid to an 

employee during such period(s) covered 

by the report(s) of the compensation by 

the employee’s railroad employer(s), 

except in cases when an employee files 

a protest pertaining to his or her 

reported compensation within the statue 

of limitations cited in Section 6 of the 

RUIA and Section 9 of the RRA. 

To enable the RRB to establish and 

maintain the record of compensation, 

employers are required to file with the 

RRB, in such manner and form and at 

such times as the RRB prescribes, 

reports of compensation of employees. 

The information reporting requirements 

are prescribed in 20 CFR 209.6 through 

209.9 and 20 CFR 345.110. The RRB 

utilizes Form BA–3a, Annual Report of 

Compensation, Form BA–4, Report of 

Creditable Compensation Adjustments 

and Form BA–4 (Internet), Report of 

Creditable Compensation Adjustments, 

to secure the required information from 

railroad employers. Form BA–3a 

provides the RRB with information 

regarding annual creditable service and 

compensation for each individual who 

worked in the railroad industry in a 

given year. Forms BA–4 and BA–4 

(Internet) provide for the adjustment of 

any previously submitted reports and 

also the opportunity to provide any 

service and compensation that had been 

previously omitted. Form BA–4 

(Internet) collects essentially the same 

information as Form BA–4, but it 

consists of a series of screens which 

collects the necessary information and 

provides for the required notices and 

certifications. Employers also have the 

option of submitting the reports on the 

aforementioned forms, or, in like format 

by magnetic tape, tape cartridges, PC 

diskettes and CD–ROM as outlined in 

the RRB’s Reporting Instructions to 

Employers. Submission of the creditable 

compensation reports is mandatory. One 

response is required of each respondent. 

No changes are proposed to Forms BA–

3a, BA–4 and BA–4 (Internet). 

Form BA–12, System Access 

Application, identifies employees who 

are allowed to use the internet to submit 

reporting forms to the RRB. This form 

also determines what degree of access 

(view only, data entry/modification or 

approval/submission) is appropriate for 

that employee. Form BA–12, an OMB 

approved form (3220–0199), is being 

incorporated into this information 

collection at the request of OMB. 

Completion of Form BA–12 is voluntary 

and is necessary only if an employer 

wants to submit data and reports via the 

internet. Minor editorial changes are 

being proposed to Form BA–12. 

The completion time for Form BA–3a 

is estimated at between 33.3 hours per 

response for electronic submissions to 

85 hours for manual paper responses. 

The completion time for Form BA–4 is 

estimated at 60 minutes per response. 

The completion time for Form BA–4 

(Internet) is 15 minutes per response. 

The completion time for Form BA–12 is 

estimated at between 10 and 20 

minutes. The RRB estimates that 

approximately 579 Form BA–3a’s, 211 

Form BA–4’s, 1,000 Form BA–4 

(Internet) and 350 Form BA–12’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 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. 04–22297 Filed 10–4–04; 8:45 am] 

BILLING CODE 7905–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–50469; File No. SR–CBOE–

2004–61] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by the 

Chicago Board Options Exchange, 

Incorporated Relating to Reduction of 

Customer Transaction Fees for 

Options on Exchange-Traded Funds 

and Holding Company Depositary 

Receipts 

September 29, 2004. 

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 

September 23, 2004, the Chicago Board 

Options Exchange, Incorporated 

(‘‘CBOE’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III below, which Items have been 

prepared by the CBOE. On September 

28, 2004, CBOE submitted Amendment 

No. 1 to the proposed rule change.3 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 Substance of 

the Proposed Rule Change 

The CBOE proposes to amend its Fee 

Schedule to reduce the fees charged to 

public customers for transactions in 

options on exchange-traded funds