55554 Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Notices 

Section 213.3314 Department of 

Commerce 

DCGS00500 Public Affairs Specialist 

to the Director of Public Affairs. 

Effective July 03, 2008. 

DCGS00506 Public Affairs Specialist 

to the Director of Public Affairs. 

Effective July 03, 2008. 

DCGS00576 Deputy Director of 

Advance to the Director of Advance. 

Effective July 03, 2008. 

DCGS60392 Confidential Assistant to 

the Assistant Secretary and Director 

General of United States/For 

Commercial Services. Effective July 

03, 2008. 

DCGS00358 Chief of Staff for 

International Trade Administration to 

the Under Secretary for International 

Trade. Effective July 18, 2008. 

DCGS00424 Director, Office of 

Legislative Affairs to the Under 

Secretary Oceans and Atmosphere 

(Administrator National Oceanic and 

Atmospheric Administration). 

Effective July 24, 2008. 

DCGS00472 Confidential Assistant to 

the Executive Director for Trade 

Promotion and Outreach. Effective 

July 24, 2008. 

DCGS00570 Senior Advisor to the 

Coordinator to the Coordinator for 

International Intellectual Property 

Enforcement. Effective July 24, 2008. 

DCGS00520 Special Assistant to the 

Assistant Secretary for Market Access 

and Compliance. Effective July 25, 

2008. 

DCGS00608 Confidential Assistant to 

the Director, Office of Legislative 

Affairs. Effective July 25, 2008. 

DCGS00619 Confidential Assistant to 

the Assistant Secretary for Economic 

Development. Effective July 25, 2008. 

DCGS00546 Special Assistant to the 

Deputy Secretary. Effective July 29, 

2008. 

DCGS00628 Confidential Assistant to 

the Director of Advance. Effective July 

29, 2008. 

Section 213.3315 Department of Labor 

DLGS60251 Deputy Director of 

Scheduling to the Chief of Staff. 

Effective July 03, 2008. 

DLGS60245 Staff Assistant to the 

Associate Deputy Secretary. Effective 

July 22, 2008. 

DLGS60267 Staff Assistant to the 

Director of Planning, Scheduling, and 

Advance. Effective July 29, 2008. 

Section 213.3316 Department of 

Health and Human Services 

DHGS60082 Health Attache to the 

Director, Office of Global Health 

Affairs. Effective July 18, 2008. 

DHGS60080 Special Assistant to the 

Deputy General Counsel. Effective 

July 22, 2008. 

DHGS60550 Senior Advisor to the 

Assistant Secretary, Health. Effective 

July 25, 2008. 

Section 213.3317 Department of 

Education 

DBGS00250 Confidential Assistant 

(Faith Based and Community 

Initiatives) to the Director, FaithBased and Community Initiatives 

Center. Effective July 03, 2008. 

DBGS00276 Confidential Assistant to 

the Chief of Staff. Effective July 10, 

2008. 

DBGS00506 Confidential Assistant to 

the Assistant Deputy Secretary for 

Safe and Drug-Free Schools. Effective 

July 15, 2008. 

Section 213.3318 Environmental 

Protection Agency 

EPGS08009 Executive Producer to the 

Deputy Chief of Staff (Operations). 

Effective July 09, 2008. 

Section 213.3327 Department of 

Veterans Affairs 

DVGS60076 Special Assistant (White 

House Liaison) to the Secretary of 

Veterans Affairs. Effective July 10, 

2008. 

Section 213.3331 Department of 

Energy 

DEGS00668 Deputy Director, Public 

Affairs to the Director, Public Affairs. 

Effective July 03, 2008. 

DEGS00669 Senior Policy Advisor to 

the Under Secretary for Science. 

Effective July 15, 2008. 

DEGS00672 Policy Advisor to the 

Assistant Secretary of Energy (Nuclear 

Energy). Effective July 22, 2008. 

DEGS00670 Special Assistant to the 

Assistant Secretary for Congressional 

and Intergovernmental Affairs. 

Effective July 29, 2008. 

DEGS00671 Special Assistant to the 

Assistant Secretary for Congressional 

and Intergovernmental Affairs. 

Effective July 29, 2008. 

Section 213.3332 Small Business 

Administration 

SBGS00667 Senior Speechwriter to the 

Assistant Administrator for 

Communications and Public Liaison. 

Effective July 24, 2008. 

Section 213.3337 General Services 

Administration 

GSGS00180 Special Assistant to the 

Associate Administrator for 

Congressional and Intergovernmental 

Affairs. Effective July 28, 2008. 

Section 213.3344 Occupational Safety 

and Health Review Commission 

SHGS00002 Confidential Assistant to 

the Commission Member (Chairman). 

Effective July 25, 2008. 

Section 213.3384 Department of 

Housing and Urban Development 

DUGS60212 Staff Assistant to the 

General Deputy Assistant Secretary 

for Congressional and 

Intergovernmental Relations. Effective 

July 11, 2008. 

DUGS60065 Special Assistant to the 

Secretary, Housing and Urban 

Development. Effective July 22, 2008. 

Section 213.3394 Department of 

Transportation 

DTGS60258 Associate Director for 

Governmental Affairs to the Assistant 

Secretary for Governmental Affairs. 

Effective July 11, 2008. 

DTGS60358 Special Assistant for 

Scheduling and Advance to the 

Director for Scheduling and Advance. 

Effective July 11, 2008. 

DTGS60384 Assistant to the Secretary 

for Policy to the Chief of Staff. 

Effective July 11, 2008. 

DTGS60291 Associate Director for 

Governmental Affairs to the Assistant 

Secretary for Governmental Affairs. 

Effective July 17, 2008. 

DTGS60450 Deputy Director for 

Scheduling and Advance to the 

Director for Scheduling and Advance. 

Effective July 18, 2008. 

Authority: 5 U.S.C. 3301 and 3302; E.O. 

10577, 3 CFR 1954–1958 Comp., p. 218. 

U.S. Office of Personnel Management. 

Howard Weizmann, 

Deputy Director. 

[FR Doc. E8–22519 Filed 9–24–08; 8:45 am] 

BILLING CODE 6325–39–P 

RAILROAD RETIREMENT BOARD 

Agency Forms Submitted for OMB 

Review, Request for Comments 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the Railroad 

Retirement Board (RRB) is forwarding 

an Information Collection Request (ICR) 

to the Office of Information and 

Regulatory Affairs (OIRA), Office of 

Management and Budget (OMB) to 

request an extension without change of 

a currently approved collection of 

information: 3220–0171, RUIA Claims 

Notification System. Our ICR describes 

the information we seek to collect from 

the public. Review and approval by 

OIRA ensures that we impose 

appropriate paperwork burdens. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Notices 55555 

The RRB invites comments on the 

proposed collection of information to 

determine (1) The practical utility of the 

collection; (2) the accuracy of the 

estimated burden of the collection; (3) 

ways to enhance the quality, utility and 

clarity of the information that is the 

subject of collection; and (4) ways to 

minimize the burden of collections on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Comments to RRB or OIRA must contain 

the OMB control number of the ICR. For 

proper consideration of your comments, 

it is best if RRB and OIRA receive them 

within 30 days of publication date. 

Section 5(b) of the Railroad 

Unemployment Insurance Act (RUIA), 

requires that effective January 1, 1990, 

‘‘when a claim for benefits is filed with 

the Railroad Retirement Board (RRB), 

the RRB shall provide notice of such 

claim to the claimant’s base year 

employer or employers and afford such 

employer or employers an opportunity 

to submit information relevant to the 

claim before making an initial 

determination on the claim. When the 

RRB initially determines to pay benefits 

to a claimant under the RUIA, the RRB 

shall provide notice of such 

determination to the claimant’s baseyear employer or employers.’’ 

The purpose of the RUIA Claims 

Notification System is to provide to 

unemployment and sickness claimant’s 

base year employer or current employer, 

notice of each application and claim for 

benefits under the RUIA and to provide 

an opportunity for employers to convey 

information relevant to the proper 

adjudication of the claim. Railroad 

employers receive notice of applications 

and claims by one of three options. The 

first option, Form Letter ID–4K, is a 

computer generated form letter notice of 

all unemployment applications, 

unemployment claims and sickness 

claims received from employees of a 

railroad company on a particular day. 

Form Letters ID–4K are mailed on a 

daily basis to officials designated by 

railroad employers. The second option 

is an Electronic Data Interchange (EDI) 

version of the Form Letter ID–4K notice. 

EDI notices of applications are 

transmitted to participating railroads on 

a daily basis, generally on the same day 

that applications are received. The third 

option, an Internet equivalent ID–4K, 

provides the required notification by the 

RRB through the RRB’s Internet-based 

Employer Reporting System (ERS). 

Completion is voluntary. 

Railroad employers can respond to 

RRB notices of applications and claims 

manually by mailing a completed ID–4K 

back to the RRB or electronically via EDI 

or the ERS. No changes are being 

proposed to any of the ID–4K options. 

Upon receipt of notice that the RRB 

has allowed a claim either in whole, or 

in part, the claimant’s base-year 

employer(s) may request a review of the 

determination to pay benefits, if the 

employers believe the determination is 

incorrect. The RRB utilizes Form Letter 

ID–4DE, Notice of RUIA Claim 

Determinations, an Electronic Data 

Interchange (EDI) version of the Form 

Letter ID–4K notice and an Internet 

equivalent ID–4E to notify base-year 

employers that the RRB has made a 

determination to pay benefits and to 

allow them to request the RRB to review 

the determination. Form Letter ID–4E is 

mailed on a daily basis, generally on the 

same day that the claims are approved 

for payment. The EDI and Internetequivalent ID–4E’s are also sent to 

participating railroads on a daily basis, 

generally on the same day that the 

claims are approved for payment. 

Railroad employers can then request 

that the RRB review the determination 

either by filing a completed ID–4E by 

mail, EDI, or via the Internet. No 

changes are being proposed to any of the 

ID–4E options. Completion is voluntary. 

Previous Requests for Comments: The 

RRB has already published the initial 

60-day notice (73 FR 43480 on July 25, 

2008) required by 44 U.S.C. 3506(c)(2). 

That request elicited no comments. 

Information Collection Request (ICR) 

Title: RUIA Claims Notification 

System. 

OMB Control Number: OMB 3220– 

0171. 

Form(s) submitted: ID–4K, ID–4K 

(INTERNET), ID–4E, ID–4E 

(INTERNET). 

Type of request: Extension without 

change of a currently approved 

collection of information. 

Affected public: Private Sector; 

Business-or-other for profits. 

Abstract: Section 5(b) of the RUIA 

requires that effective January 1, 1990, 

when a claim for benefits is filed with 

the Railroad Retirement Board (RRB), 

the RRB shall provide notice of such 

claim to the claimant’s base-year 

employer(s) and afford such employer(s) 

an opportunity to submit information 

relevant to the claim before making an 

initial determination on the claim. 

When the RRB determines to pay 

benefits to a claimant under the RUIA, 

the RRB shall provide notice of such 

determination to the claimant(s) baseyear employer. 

Changes Proposed: The RRB proposes 

no changes to the forms in the 

collection. 

The burden estimate for the ICR is as 

follows: 

The estimated annual respondent 

burden is as follows: 

Form Number Annual 

responses Time (min) Burden hours 

ID–4K (Manual) ............................................................................................................................ 1,250 2 42 

ID–4K (EDI) ................................................................................................................................. 14,850 ** 210 

ID–4K (Internet) ........................................................................................................................... 2,500 2 83 

ID–4E (Manual) ............................................................................................................................ 75 2 3 

ID–4E (Internet) ........................................................................................................................... 25 2 1 

Total ...................................................................................................................................... 18,700 ........................ 339 

** The burden for the 5 participating employers who transmit EDI responses is calculated at 10 minutes each per day, 251 workdays a year or 

210 total hours of burden. 

Additional Information or Comments: 

Copies of the form and supporting 

documents can be obtained from 

Charles Mierzwa, the agency clearance 

officer at (312–751–3363) or 

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 

Ronald.Hodapp@rrb.gov and to the 

OMB Desk Officer for the RRB, at the 

Office of Management and Budget, 

mstockstill on PROD1PC66 with NOTICES

55556 Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Notices 

1 15 U.S.C. 78l(k)(2). 

2See Securities Exchange Act Release No. 58592 

(Sept. 18, 2008). 

Room 10230, New Executive Office 

Building, Washington, DC 20503. 

Charles Mierzwa, 

Clearance Officer. 

[FR Doc. E8–22593 Filed 9–24–08; 8:45 am] 

BILLING CODE 7905–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 58611] 

Securities Exchange Act of 1934 

Amendment to Emergency Order 

Pursuant to Section 12(k)(2) of the 

Securities Exchange Act of 1934 

Taking Temporary Action To Respond 

to Market Developments 

September 21, 2008. 

Pursuant to Section 12(k)(2) of the 

Securities Exchange Act of 1934,1 on 

September 18, 2008, the Securities and 

Exchange Commission (‘‘Commission’’) 

issued an Emergency Order (the 

‘‘Order’’) related to short selling the 

publicly traded securities of certain 

financial firms.2 The Order was effective 

immediately. The Commission is 

issuing this amendment to address 

current and anticipated technical and 

operational concerns resulting from the 

requirements of the Order. 

A. Included Financial Firms 

The Order applies to the publicly 

traded securities of certain financial 

firms, which entities are identified in 

Appendix A to the Order (‘‘Included 

Financial Firms’’). We are amending the 

Order to modify the list of Included 

Financial Firms. As we stated in the 

Order, recent market conditions have 

raised concerns that short selling in the 

securities of a wide range of financial 

institutions may be causing sudden and 

excessive fluctuations of the prices of 

such securities in such a manner to 

threaten fair and orderly markets. 

Difficulties with the classification 

criteria led to the omission of financial 

institutions falling within these 

categories. In light of the familiarity of 

the exchanges listing financial 

institutions with the nature of their 

respective businesses, the Commission 

has determined to amend this Order to 

provide that the listing markets shall 

select the individual financial 

institutions with securities covered by 

the Order. The Commission expects 

each national securities exchange listing 

financial institutions to immediately 

publish a list, on its Internet Web site, 

of individual listed companies with 

common equity that will be covered by 

the Order’s prohibition on short sales. 

The Commission expects these lists to 

cover banks, savings associations, 

broker-dealers, investment advisers, and 

insurance companies, whether domestic 

or foreign, and the owners of any of 

these entities. 

To the extent an issuer chooses not to 

be covered by the Order’s prohibition on 

short sales, we have authorized the 

applicable national securities exchange 

to exclude that issuer from its list of 

covered financial firms. 

It is therefore ordered that, pursuant 

to our Section 12(k)(2) powers, the 

Order applies to the publicly traded 

common equity securities of any issuer 

identified by any national securities 

exchange listing such securities as being 

a financial institution (each a ‘‘Covered 

Security’’ and collectively, ‘‘Covered 

Securities’’). 

B. Options and Futures Contract 

Expiration 

The Order includes an exception from 

its requirements to allow short sales that 

occur as a result of automatic exercise 

or assignment of an equity option held 

prior to effectiveness of the Order due 

to expiration of the option. We are 

amending the Order to also allow short 

sales that occur as a result of the 

expiration of futures contracts held 

prior to effectiveness of the Order. 

It is therefore ordered that, pursuant 

to our Section 12(k)(2) powers, the 

requirements of the Order shall not 

apply to any person that effects a short 

sale in any Covered Security as a result 

of automatic exercise or assignment of 

an equity option, or in connection with 

settlement of a futures contract, that is 

held prior to effectiveness of the Order 

due to expiration of the option or 

futures contract. 

C. Options Assignments 

To allow for creation of long call 

options, we are amending the Order to 

except from its requirements, short sales 

that occur as a result of assignment to 

call writers upon exercise. 

It is therefore ordered that, pursuant 

to our Section 12(k)(2) powers, the 

requirements of the Order shall not 

apply to the writer of a call option that 

effects a short sale in any Covered 

Security as a result of assignment 

following exercise by the holder of the 

call. 

D. Market Making and Derivatives 

In the Order we included an 

exception until 11:59 p.m. on 

September 19, 2008 for any person that 

is a market maker that effects a short 

sale as part of bona fide market making 

and hedging activity related directly to 

bona fide market making in derivatives 

on the publicly traded securities of any 

Included Financial Firm. We are 

amending the exception so that it 

continues for the duration of the Order. 

In addition, we are clarifying that the 

exception applies to all market makers, 

including over-the-counter market 

makers, and that it applies to bona fide 

market making and hedging activity 

related directly to bona fide market 

making in exchange traded funds and 

exchange traded notes of which Covered 

Securities are a component. The 

purpose of this accommodation is to 

permit market makers to continue to 

provide liquidity to the markets. 

To help ensure that this hedging 

exception does not result in increased 

short exposure in Covered Securities, 

we are limiting the exception so that if 

a customer or counterparty position in 

a derivative security based on a Covered 

Security is established after 12:01 a.m. 

E.D.T on September 22, 2008, a market 

maker may not effect a short sale in the 

Covered Security if the market maker 

knows that the customer’s or 

counterparty’s transaction will result in 

the customer or counterparty 

establishing or increasing an economic 

net short position (i.e., through actual 

positions, derivatives, or otherwise) in 

the issued share capital of a firm 

covered by this Order. 

It is therefore ordered that, pursuant 

to our Section 12(k)(2) powers, the 

requirements of this Order shall not 

apply to any person that is a market 

maker, including an over-the-counter 

market maker, that effects a short sale as 

part of a bona fide market making and 

hedging activity related directly to bona 

fide market making in (a) derivative 

securities based on Covered Securities, 

or (b) exchange traded funds and 

exchange traded notes of which Covered 

Securities are a component. Provided, 

however, if a customer or counterparty 

position in a derivative security based 

on a Covered Security is established 

after 12:01 a.m. E.D.T on September 22, 

2008, a market maker may not effect a 

short sale in the Covered Security if the 

market maker knows that the customer’s 

or counterparty’s transaction will result 

in the customer or counterparty 

establishing or increasing an economic 

net short position (i.e., through actual 

positions, derivatives, or otherwise) in 

the issued share capital of a firm 

covered by this Order. 

All market makers relying on this 

exception to the limitation on short 

selling shall, as soon as operationally 

practicable, publish a notice on their 

Internet Web site that, pursuant to this 

mstockstill on PROD1PC66 with NOTICES