65678 Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Notices 

3. Pursuant to 39 U.S.C. 505, Katrina 

Martinez is appointed to serve as the 

officer of the Commission (Public 

Representative) to represent the 

interests of the general public in these 

proceedings. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. 2010–26981 Filed 10–25–10; 8:45 am] 

BILLING CODE 7710–FW–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 

five (5) Information Collection Requests 

(ICR) to the Office of Information and 

Regulatory Affairs (OIRA), Office of 

Management and Budget (OMB). Our 

ICR(s) describe the information we seek 

to collect from the public. Review and 

approval by OIRA ensures that we 

impose appropriate paperwork burdens. 

The RRB invites comments on the 

proposed collections of information to 

determine (1) The practical utility of the 

collections; (2) the accuracy of the 

estimated burden of the collections; (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. 

1. Title and purpose of information 

collection: 3220–0136, Public Service 

Pension Questionnaires. 

Public Law 95–216 amended the 

Social Security Act of 1977 by 

providing, in part, that spouse or 

survivor benefits may be reduced when 

the beneficiary is in receipt of a pension 

based on employment with a Federal, 

State, or local governmental unit. 

Initially, the reduction was equal to the 

full amount of the government pension. 

Public Law 98–21 changed the 

reduction to two-thirds of the amount of 

the government pension. Public Law 

108–203 amended the Social Security 

Act by changing the requirement for 

exemption to public service offset, that 

Federal Insurance Contributions Act 

(FICA) taxes be deducted from the 

public service wages for the last 60 

months of public service employment, 

rather than just the last day of public 

service employment. 

Sections 4(a)(1) and 4(f)(1) of the 

Railroad Retirement Act (RRA) provides 

that a spouse or survivor annuity should 

be equal in amount to what the 

annuitant would receive if entitled to a 

like benefit from the Social Security 

Administration. Therefore, the public 

service pension (PSP) provisions apply 

to RRA annuities. RRB Regulations 

pertaining to the collection of evidence 

relating to public service pensions or 

worker’s compensation paid to spouse 

or survivor applicants or annuitants are 

found in 20 CFR 219.64c. 

The RRB utilizes Form G–208, Public 

Service Pension Questionnaire, and 

Form G–212, Public Service Monitoring 

Questionnaire, to obtain information 

used to determine whether an annuity 

reduction is in order. The RRB proposes 

a non-burden impacting editorial 

change to G–208 and no changes to 

Form G–212. The RRB estimates the 

completion time for Form G–208 at 16 

minutes and G–212 at 15 minutes. If a 

respondent fails to complete the form(s), 

the RRB may be unable to pay them 

benefits. One response is required from 

a respondent. 

Previous Requests for Comments: The 

RRB has already published the initial 

60-day notice (75 FR 51117 on August 

18, 2010) required by 44 U.S.C. 

3506(c)(2). That request elicited no 

comments. 

Information Collection Request (ICR) 

Title: Public Service Pension 

Questionnaires. 

OMB Control Number: 3220–0136. 

Form(s) submitted: G–208, Public 

Service Pension Questionnaire; G–212, 

Public Service Monitoring 

Questionnaire. 

Type of request: Revision of a 

currently approved collection. 

Affected public: Individuals or 

households. 

Abstract: A spouse or survivor 

annuity under the Railroad Retirement 

Act may be subjected to a reduction for 

a public service pension. The 

questionnaires obtain information 

needed to determine if the reduction 

applies and the amount of such 

reduction. 

The burden estimate for the ICR is as 

follows: 

Estimated annual number of 

respondents: 1,170. 

Total annual responses: 1,170. 

Total annual reporting hours: 294. 

2. Title and Purpose of Information 

Collection: 3220–0138, SelfEmployment and Substantial Service 

Questionnaire. Section 2 of the Railroad 

Retirement Act (RRA) provides for 

payment of annuities to qualified 

employees and their spouses. In order to 

receive an age and service annuity, 

Section 2(e)(3) states that an applicant 

must stop all railroad work and give up 

any rights to return to such work. 

However, applicants are not required to 

stop non-railroad work or selfemployment. The RRB considers some 

work claimed as ‘‘self-employment’’ to 

actually be employment for an 

employer. Whether the RRB classifies a 

particular activity as self-employment or 

as work for an employer depends upon 

the circumstances of each case. These 

circumstances are prescribed in 20 CFR 

216. 

Under the 1988 amendments to the 

RRA, an applicant is no longer required 

to stop work for a ‘‘Last Pre-Retirement 

Nonrailroad Employer’’ (LPE). However, 

section 2(f)(6) of the RRA requires that 

a portion of the employee’s Tier II 

benefit and supplemental annuity be 

deducted for earnings from a ‘‘LPE’’ 

employer. 

‘‘LPE’’ is defined as the last person, 

company or institution with whom the 

employee or spouse applicant was 

employed concurrently with, or after, 

the applicant’s last railroad employment 

and before their annuity beginning date. 

If a spouse never worked for a railroad, 

the LPE employer is the last person for 

whom he or she worked. 

The RRB utilizes Form AA–4, SelfEmployment and Substantial Service 

Questionnaire, when an applicant 

claims to be self-employed to obtain 

information needed to determine if the 

applicant’s work is LPE, railroad service 

or self-employment. If the work is selfemployment, the questionnaire 

identifies any months in which the 

applicant did not perform substantial 

service. The RRB proposes no changes 

to Form AA–4. Completion time is 

estimated at between 40 and 70 

minutes. If a respondent fails to 

complete Form AA–4, the RRB may be 

unable to pay them benefits. One 

response is received from each 

respondent. 

Previous Requests for Comments: The 

RRB has already published the initial 

60-day notice (75 FR 51117 on August 

18, 2010) required by 44 U.S.C. 

3506(c)(2). That request elicited no 

comments. 

Information Collection Request (ICR) 

Title: Self-Employment and 

Substantial Service Questionnaire. 

OMB Control Number: 3220–0138. 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Notices 65679 

Form(s) submitted: AA–4. 

Type of request: Extension of a 

currently approved collection. 

Affected public: Individuals or 

households. 

Abstract: Section 2 of the Railroad 

Retirement Act provides for payment of 

annuities to qualified employees and 

their spouses. Work for a Last PreRetirement Nonrailroad Employer (LPE), 

and work in self-employment affect 

payments in different ways. This 

collection obtains information to 

determine whether claimed selfemployment is really self-employment, 

and not work for a railroad or LPE. 

The burden estimate for the ICR is as 

follows: 

Estimated annual number of 

respondents: 600. 

Total annual responses: 600. 

Total annual reporting hours: 415. 

3. Title and Purpose of Information 

Collection:3220–0184, Earnings 

Information Request. 

Under Section 2 of the Railroad 

Retirement Act, 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. 

To obtain the information needed to 

determine if an annuity is not payable 

to an applicant because of earnings in 

excess of prescribed amounts, the RRB 

uses a series of basic application forms 

used to request specific information 

related to an annuitant’s past, present 

and future earnings. To determine 

information needed for determining 

reductions in, or non-payment of, 

annuities currently being paid to 

annuitants, the RRB primarily relies on 

earnings information received from the 

Social Security Administration under 

the terms of a computer matching 

agreements. 

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. The RRB 

proposes no changes to Form G–19–F. 

Completion time is estimated at 8 

minutes. If respondent fails to complete 

the form, the RRB may be unable to pay 

them benefits. One response is required 

from a respondent. 

Previous Requests for Comments: The 

RRB has already published the initial 

60-day notice (75 FR 41557 on July 16, 

2010) required by 44 U.S.C. 3506(c)(2). 

That request elicited no comments. 

Information Collection Request (ICR) 

Title: Earnings Information Request. 

OMB Control Number: 3220–0184. 

Form(s) submitted: G–19F. 

Type of request: Extension of a 

currently approved collection. 

Affected public: Individuals or 

households. 

Abstract: Under Section 2 of the 

Railroad Retirement Act, 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 collection 

obtains earnings information not 

previously or erroneously reported by a 

beneficiary. 

The burden estimate for the ICR is as 

follows: 

Estimated annual number of 

respondents: 900. 

Total annual responses: 900. 

Total annual reporting hours: 120. 

4. Title and Purpose of Information 

Collection:3220–0196, Investigation of 

Claim for Possible Days of Employment. 

Under Section 1(k) of the Railroad 

Unemployment Insurance Act (RUIA), 

unemployment and sickness benefits are 

not payable for any day with respect to 

which remuneration is payable or 

accrues to the claimant. Also Section 

4(a–1) of the RUIA provides that 

unemployment or sickness benefits are 

not payable for any day the claimant 

receives the same benefits under any 

law other than the RUIA. Under 

Railroad Retirement Board (RRB) 

regulations, 20 CFR 322.4(a), a 

claimant’s certification or statement on 

an RRB provided claim form that he or 

she did not work on any day claimed 

and did not receive income such as 

vacation pay or pay for time lost shall 

constitute sufficient evidence unless 

there is conflicting evidence. Further, 

under 20 CFR 322.4(b), when there is a 

question raised as to whether or not 

remuneration is payable or has accrued 

to a claimant with respect to a claimed 

day or days, investigation shall be made 

with a view to obtaining information 

sufficient for a finding. 

The RRB utilizes Form ID–5S(SUP), 

Report of Cases for Which All Days 

Were Claimed During a Month Credited 

Per an Adjustment Report, to collect 

information about compensation 

credited to an employee during a period 

when the employee claimed either 

unemployment or sickness benefits from 

a railroad employer. The request is 

generated as a result of a computer 

match that compares data which is 

maintained in the RRB’s RUIA Benefit 

Payment file with data maintained in 

the RRB’s records of service. The ID– 

5S(SUP) is generated annually when the 

computer match indicates that an 

employee(s) of the railroad employer 

was paid unemployment or sickness 

benefits for every day in one or more 

months for which creditable 

compensation was adjusted due to the 

receipt of a report of creditable 

compensation adjustment (RRB FORM 

BA–4, OMB Approved 3220–0008) from 

their railroad employer. 

The computer generated Form ID– 

5S(SUP) includes pertinent identifying 

information, the BA–4 adjustment 

process date and the claimed months in 

question. Space is provided on the 

report for the employer’s use in 

supplying the information requested in 

the computer generated transmittal 

letter, Form ID–5S, which accompanies 

the report. The RRB proposes no 

changes to Form ID–5S(SUP) and Form 

ID–5S. The RRB estimates the 

completion time for Form ID–5S(SUP) at 

10 minutes. Completion is voluntary. 

One response is requested of each 

respondent. 

Previous Requests for Comments: The 

RRB has already published the initial 

60-day notice (72 FR 8206–8207 on 

February 23, 2007) required by 44 

U.S.C. 3506(c)(2). That request elicited 

no comments. 

Information Collection Request Details 

(ICR) 

Title: Investigation of Claim for 

Possible Days of Employment. 

OMB Control Number: 3220–0196. 

Form(s) submitted: ID–5S(SUP). 

Type of request: Extension of a 

currently approved collection. 

Affected public: Business or other forprofit. 

Abstract: Under the Railroad 

Unemployment Insurance Act, 

unemployment or sickness benefits are 

not payable for any day in which 

remuneration is payable or accrues to 

the claimant. The collection obtains 

information about compensation 

credited to an employee during a period 

when the employee claimed 

unemployment or sickness benefits from 

their railroad employer. 

The burden estimate for the ICR is as 

follows: 

Estimated annual number of 

respondents: 80. 

Total annual responses: 80. 

Total annual reporting hours: 13. 

5. Title and Purpose of Information 

Collection: 3220–0200, Designation of 

Contact Officials. 

Coordination between railroad 

employers and the RRB is essential to 

properly administer the payment of 

benefits under the Railroad Retirement 

Act (RRA) and the Railroad 

Unemployment Insurance Act (RUIA). 

In order to enhance timely coordination 

activity, the RRB utilizes Form G–117a, 

Designation of Contact Officials. Form 


emcdonald on DSK2BSOYB1PROD with NOTICES
65680 Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Notices 

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

2 17 CFR 240.19b–4. 3 15 U.S.C. 78f(b). 

G–117a is used by railroad employers to 

designate employees who are to act as 

point of contact with the RRB on a 

variety of RRA and RUIA-related 

matters. The RRB proposes no changes 

to Form G–117A. Completion time is 

estimated at 15 minutes. Completion is 

voluntary. One response is requested 

from each respondent. 

Previous Requests for Comments: The 

RRB has already published the initial 

60-day notice (75 FR 38565 on July 2, 

2010) required by 44 U.S.C. 3506(c)(2). 

That request elicited no comments. 

Information Collection Request (ICR) 

Title: Designation of Contact Officials. 

OMB Control Number: 3220–0200. 

Form(s) submitted: G–117A. 

Type of request: Extension of a 

currently approved collection. 

Affected public: Business or other for 

profit. 

Abstract: The Railroad Retirement 

Board (RRB) requests that railroad 

employers designate employees to act as 

liaison with the RRB on a variety of 

Railroad Retirement Act and Railroad 

Unemployment Insurance Act matters. 

The burden estimate for the ICR is as 

follows: 

Estimated annual number of 

respondents: 100. 

Total annual responses: 100. 

Total annual reporting hours: 25. 

FOR FURTHER INFORMATION CONTACT: 

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 

Patricia A. Henaghan, Railroad 

Retirement Board, 844 North Rush 

Street, Chicago, Illinois, 60611–2092 or 

Patricia.Henaghan@rrb.gov and to the 

OMB Desk Officer for the RRB, at the 

Office of Management and Budget, 

Room 10230, New Executive Office 

Building, Washington, DC 20503. 

Charles Mierzwa, 

Clearance Officer. 

[FR Doc. 2010–26997 Filed 10–25–10; 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 a Closed Meeting 

on Thursday, October 28, 2010 at 9:30 

a.m. 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the Closed Meeting. Certain 

staff members who have an interest in 

the matters also may be present. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) 

and 17 CFR 200.402(a)(3), (5), (7), 9(ii) 

and (10), permit consideration of the 

scheduled matters at the Closed 

Meeting. 

Commissioner Walter, as duty officer, 

voted to consider the items listed for the 

Closed Meeting in a closed session, and 

determined that no earlier notice thereof 

was possible. 

The subject matter of the Closed 

Meeting scheduled for Thursday, 

October 28, 2010 will be: 

Institution and settlement of injunctive 

actions; 

Institution and settlement of administrative 

proceedings; and 

Other matters relating to enforcement 

proceedings. 

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: October 22, 2010. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–27218 Filed 10–22–10; 4:15 pm] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63139; File No. SR–ISE– 

2010–99] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Notice of Filing and Order 

Granting Accelerated Approval of 

Proposed Rule Change To Adopt ISE 

Rule 421 Relating to Proxy Voting 

October 20, 2010. 

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 October 

6, 2010, the International Securities 

Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) 

filed with the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I and II below, which Items have 

been substantially prepared by the 

Exchange. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons, and is 

approving the proposed rule change on 

an accelerated basis. 

I. Self-Regulatory Organization’s 

Statement of the Terms of the Substance 

of the Proposed Rule Change 

The Exchange proposes to adopt Rule 

421 (Proxy Voting), in accordance with 

the provisions of Section 957 of the 

Dodd-Frank Wall Street Reform and 

Consumer Protection Act (the ‘‘DoddFrank Act’’). 

The text of the proposed rule change 

is available on the Exchange’s Internet 

Web site at http://www.ise.com, at the 

principal office of the Exchange, and at 

the Commission’s Public Reference 

Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

self-regulatory organization 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. 

The self-regulatory organization 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 

The Exchange is proposing to adopt 

ISE Rule 421 (Proxy Voting), in 

accordance with the provisions of 

Section 957 of the Dodd-Frank Act, to 

prohibit Members from voting 

uninstructed shares if the matter voted 

on relates to (i) the election of a member 

of the board of directors of an issuer 

(other than an uncontested election of a 

director of an investment company 

registered under the Investment 

Company Act of 1940 (the ‘‘Investment 

Company Act’’)), (ii) executive 

compensation, or (iii) any other 

significant matter, as determined by the 

Commission, by rule. 

Section 957 of the Dodd-Frank Act 

amends Section 6(b) 3 of the Act to 


emcdonald on DSK2BSOYB1PROD with NOTICES