81_FR_47322 81 FR 47183 - Proposed Collection; Comment Request

81 FR 47183 - Proposed Collection; Comment Request

RAILROAD RETIREMENT BOARD

Federal Register Volume 81, Issue 139 (July 20, 2016)

Page Range47183-47184
FR Document2016-17249

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: Application for Employee Annuity Under the Railroad Retirement Ac; OMB 3220-0002. Section 2a of the Railroad Retirement Act (RRA) provides for payments of age and service, disability, and supplemental annuities to qualified employees. An annuity cannot be paid until the employee stops working for a railroad employer. In addition, the age and service employee must relinquish any rights held to such jobs. A disabled employee does not need to relinquish employee rights until attaining Full Retirement Age, or if earlier, when their spouse is awarded a spouse annuity. Benefits become payable after the employee meets certain other requirements, which depend on the type of annuity payable. The requirements for obtaining the annuities are prescribed in 20 CFR 216 and 220. To collect the information needed to help determine an applicant's entitlement to, and the amount of, an employee retirement annuity the RRB uses Forms AA-1, Application for Employee Annuity; AA-1d, Application for Determination of Employee Disability; G-204, Verification of Workers Compensation/Public Disability Benefit Information, and electronic Forms AA-1cert, Application Summary and Certification, and AA-1sum, Application Summary. The AA-1 application process obtains information from an applicant about their marital history, work history, military service, benefits from other governmental agencies, railroad pensions and Medicare entitlement for either an age and service or disability annuity. An RRB representative interviews the applicant either at a field office, an itinerant point, or by telephone. During the interview, the RRB representative enters the information obtained into an on-line information system. Upon completion of the interview, the on-line information system generates Form AA-1cert, Application Summary and Certification, or Form AA-1sum, Application Summary, a summary of the information that was provided for the applicant to review and approve. Form AA-1cert documents approval using the traditional pen and ink ``wet'' signature, and Form AA-1sum documents approval using the alternative signature method called Attestation. When the RRB representative is unable to contact the applicant in person or by telephone, for example, the applicant lives in another country, a manual version of Form AA-1 is used. Form AA-1d, Application for Determination of Employee's Disability, is completed by an employee who is filing for a disability annuity under the RRA, or a disability freeze under the Social Security Act, for early Medicare based on a disability. Form G-204, Verification of Worker's Compensation/Public Disability Benefit Information, is used to obtain and verify information concerning a worker's compensation or a public disability benefit that is or will be paid by a public agency to a disabled railroad employee. The RRB recently received short-term approval of a Request for Emergency Clearance from the Office of Management and Budget for this information collection. In response to that request the RRB received comments from 3 railroad labor organizations commenting on the RRB's action. The comments centered on the collection of information associated with the following issues: <bullet> The relinquishment of seniority rights; <bullet> The reporting of volunteer and social/recreational activities as part of the adjudication of an application for disability; <bullet> Whether an applicant had filed or expected to file a lawsuit or claim against a person or company for a personal injury that resulted in the payment of sickness benefits by the RRB; and <bullet> The use of facilitators who assist disability applicants in the completion of their applications. RRB staff thoroughly evaluated the comments received and responded to the railroad labor organizations. In response to those comments, the RRB proposes the following changes to Forms AA-1 and AA-1d: <bullet> deletion of Item 35a-d from Form AA-1, regarding the relinquishment of seniority rights; <bullet> the relocation of current Items 52-53 from Form AA-1d to proposed Items 48a-b on Form AA-1, regarding whether an applicant had filed or expected to file a lawsuit or claim against a person or company for a personal injury that resulted in the payment of sickness benefits by the RRB, as the potential for uncollected sickness benefits can apply to both a disability applicant as well as an applicant qualified for an age and service annuity. Comparable revisions to electronic equivalent forms (AA-1cert and AA-1sum) are also being proposed. The RRB proposes no changes to Form G-204. One response is requested of each respondent. Completion of the forms is required to obtain/retain a benefit.

Federal Register, Volume 81 Issue 139 (Wednesday, July 20, 2016)
[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Notices]
[Pages 47183-47184]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17249]


=======================================================================
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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: Application for 
Employee Annuity Under the Railroad Retirement Ac; OMB 3220-0002.
    Section 2a of the Railroad Retirement Act (RRA) provides for 
payments of age and service, disability, and supplemental annuities to 
qualified employees. An annuity cannot be paid until the employee stops 
working for a railroad employer. In addition, the age and service 
employee must relinquish any rights held to such jobs. A disabled 
employee does not need to relinquish employee rights until attaining 
Full Retirement Age, or if earlier, when their spouse is awarded a 
spouse annuity. Benefits become payable after the employee meets 
certain other requirements, which depend on the type of annuity 
payable. The requirements for obtaining the annuities are prescribed in 
20 CFR 216 and 220.
    To collect the information needed to help determine an applicant's 
entitlement to, and the amount of, an employee retirement annuity the 
RRB uses Forms AA-1, Application for Employee Annuity; AA-1d, 
Application for Determination of Employee Disability; G-204, 
Verification of Workers Compensation/Public Disability Benefit 
Information, and electronic Forms AA-1cert, Application Summary and 
Certification, and AA-1sum, Application Summary.
    The AA-1 application process obtains information from an applicant 
about their marital history, work history, military service, benefits 
from other governmental agencies, railroad pensions and Medicare 
entitlement for either an age and service or disability annuity. An RRB 
representative interviews the applicant either at a field office, an 
itinerant point, or by telephone. During the interview, the RRB 
representative enters the information obtained into an on-line 
information system. Upon completion of the interview, the on-line 
information system generates Form AA-1cert, Application Summary and 
Certification, or Form AA-1sum, Application Summary, a summary of the 
information that was provided for the applicant to review and approve. 
Form AA-1cert documents approval using the traditional pen and ink 
``wet'' signature, and Form AA-1sum documents approval using the 
alternative signature method called Attestation. When the RRB 
representative is unable to contact the applicant in person or by 
telephone, for example, the applicant lives in another country, a 
manual version of Form AA-1 is used.
    Form AA-1d, Application for Determination of Employee's Disability, 
is completed by an employee who is filing for a disability annuity 
under the RRA, or a disability freeze under the Social Security Act, 
for early Medicare based on a disability. Form G-204, Verification of 
Worker's Compensation/Public Disability Benefit Information, is used to 
obtain and verify information concerning a worker's compensation or a 
public disability benefit that is or will be paid by a public agency to 
a disabled railroad employee.
    The RRB recently received short-term approval of a Request for 
Emergency Clearance from the Office of Management and Budget for this 
information collection. In response to that request the RRB received 
comments from 3 railroad labor organizations commenting on the RRB's 
action. The comments centered on the collection of information 
associated with the following issues:
     The relinquishment of seniority rights;
     The reporting of volunteer and social/recreational 
activities as part of the adjudication of an application for 
disability;
     Whether an applicant had filed or expected to file a 
lawsuit or claim against a person or company for a personal injury that 
resulted in the payment of sickness benefits by the RRB; and
     The use of facilitators who assist disability applicants 
in the completion of their applications.
    RRB staff thoroughly evaluated the comments received and responded 
to the railroad labor organizations. In response to those comments, the 
RRB proposes the following changes to Forms AA-1 and AA-1d:
     deletion of Item 35a-d from Form AA-1, regarding the 
relinquishment of seniority rights;
     the relocation of current Items 52-53 from Form AA-1d to 
proposed Items 48a-b on Form AA-1, regarding whether an applicant had 
filed or expected to file a lawsuit or claim against a person or 
company for a personal injury that resulted in the payment of sickness 
benefits by the RRB, as the potential for uncollected sickness benefits 
can apply to both a disability applicant as well as an applicant 
qualified for an age and service annuity.
    Comparable revisions to electronic equivalent forms (AA-1cert and 
AA-1sum) are also being proposed. The RRB proposes no changes to Form 
G-204.
    One response is requested of each respondent. Completion of the 
forms is required to obtain/retain a benefit.

[[Page 47184]]



                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                      Annual           Time           Burden
                            Form No.                                 responses       (minutes)        (hours)
----------------------------------------------------------------------------------------------------------------
AA-1 (without assistance).......................................             100              62             103
AA-1cert (with assistance)......................................           4,620              30           2,310
AA-1sum (with assistance).......................................           8,000              29           3,867
AA-1d (with assistance).........................................           2,600              60           2,600
AA-1d (without assistance)......................................               5              85               7
G-204...........................................................              20              15               5
                                                                 -----------------------------------------------
    Total.......................................................          15,345  ..............           8,892
----------------------------------------------------------------------------------------------------------------

    Additional Information or Comments: To request more information or 
to obtain a copy of the information collection justification, forms, 
and/or supporting material, contact Dana Hickman at (312) 751-4981 or 
[email protected]. Comments regarding the information collection 
should be addressed to Charles Mierzwa, Railroad Retirement Board, 844 
North Rush Street, Chicago, Illinois 60611-2092 or emailed to 
[email protected]. Written comments should be received within 60 
days of this notice.

Charles Mierzwa,
Chief of Information Resources Management.
[FR Doc. 2016-17249 Filed 7-19-16; 8:45 am]
 BILLING CODE 7905-01-P



                                                                               Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Notices                                             47183

                                                  July 13, 2016; Filing Authority: 39 CFR                  Annuity Under the Railroad Retirement                 filing for a disability annuity under the
                                                  3015.5 et seq.; Public Representative:                   Ac; OMB 3220–0002.                                    RRA, or a disability freeze under the
                                                  Curtis E. Kidd; Comments Due: July 21,                      Section 2a of the Railroad Retirement              Social Security Act, for early Medicare
                                                  2016.                                                    Act (RRA) provides for payments of age                based on a disability. Form G–204,
                                                    3. Docket No(s).: CP2016–245; Filing                   and service, disability, and                          Verification of Worker’s Compensation/
                                                  Title: Notice of the United States Postal                supplemental annuities to qualified                   Public Disability Benefit Information, is
                                                  Service of Filing a Functionally                         employees. An annuity cannot be paid                  used to obtain and verify information
                                                  Equivalent Global Plus 1D Negotiated                     until the employee stops working for a                concerning a worker’s compensation or
                                                  Service Agreement and Application for                    railroad employer. In addition, the age               a public disability benefit that is or will
                                                  Non-Public Treatment of Materials Filed                  and service employee must relinquish                  be paid by a public agency to a disabled
                                                  Under Seal; Filing Acceptance Date:                      any rights held to such jobs. A disabled              railroad employee.
                                                  July 13, 2016; Filing Authority: 39 CFR                  employee does not need to relinquish                     The RRB recently received short-term
                                                  3015.5 et seq.; Public Representative:                   employee rights until attaining Full                  approval of a Request for Emergency
                                                  Kenneth R. Moeller; Comments Due:                        Retirement Age, or if earlier, when their             Clearance from the Office of
                                                  July 21, 2016.                                           spouse is awarded a spouse annuity.                   Management and Budget for this
                                                    4. Docket No(s).: MC2016–168 and                       Benefits become payable after the                     information collection. In response to
                                                  R2016–6; Filing Title: Request of United                 employee meets certain other                          that request the RRB received comments
                                                  States Postal Service to Add Inbound                     requirements, which depend on the type                from 3 railroad labor organizations
                                                  Market Dominant Registered Service                       of annuity payable. The requirements                  commenting on the RRB’s action. The
                                                  Agreement to the Market Dominant                         for obtaining the annuities are                       comments centered on the collection of
                                                  Product List, Notice of Type 2 Rate                      prescribed in 20 CFR 216 and 220.                     information associated with the
                                                  Adjustment, and Application for Non-                        To collect the information needed to
                                                                                                                                                                 following issues:
                                                  Public Treatment; Filing Acceptance                      help determine an applicant’s
                                                                                                           entitlement to, and the amount of, an                    • The relinquishment of seniority
                                                  Date: July 13, 2016; Filing Authority: 39                                                                      rights;
                                                  U.S.C. 3622, 39 U.S.C. 3642, 39 CFR                      employee retirement annuity the RRB
                                                                                                           uses Forms AA–1, Application for                         • The reporting of volunteer and
                                                  3010.40 et seq., and 39 CFR 3020.30 et                                                                         social/recreational activities as part of
                                                  seq.; Public Representative: Jennaca D.                  Employee Annuity; AA–1d, Application
                                                                                                           for Determination of Employee                         the adjudication of an application for
                                                  Upperman; Comments Due: July 25,                                                                               disability;
                                                  2016.                                                    Disability; G–204, Verification of
                                                    This Notice will be published in the                   Workers Compensation/Public Disability                   • Whether an applicant had filed or
                                                  Federal Register.                                        Benefit Information, and electronic                   expected to file a lawsuit or claim
                                                                                                           Forms AA–1cert, Application Summary                   against a person or company for a
                                                  Ruth Ann Abrams,                                         and Certification, and AA–1sum,                       personal injury that resulted in the
                                                  Acting Secretary.                                        Application Summary.                                  payment of sickness benefits by the
                                                  [FR Doc. 2016–17085 Filed 7–19–16; 8:45 am]                 The AA–1 application process obtains               RRB; and
                                                  BILLING CODE 7710–FW–P                                   information from an applicant about                      • The use of facilitators who assist
                                                                                                           their marital history, work history,                  disability applicants in the completion
                                                                                                           military service, benefits from other                 of their applications.
                                                  RAILROAD RETIREMENT BOARD                                governmental agencies, railroad                          RRB staff thoroughly evaluated the
                                                                                                           pensions and Medicare entitlement for                 comments received and responded to
                                                  Proposed Collection; Comment                             either an age and service or disability               the railroad labor organizations. In
                                                  Request                                                  annuity. An RRB representative                        response to those comments, the RRB
                                                                                                           interviews the applicant either at a field            proposes the following changes to
                                                    Summary: In accordance with the                        office, an itinerant point, or by                     Forms AA–1 and AA–1d:
                                                  requirement of Section 3506 (c)(2)(A) of                 telephone. During the interview, the
                                                  the Paperwork Reduction Act of 1995                                                                               • deletion of Item 35a–d from Form
                                                                                                           RRB representative enters the
                                                  which provides opportunity for public                                                                          AA–1, regarding the relinquishment of
                                                                                                           information obtained into an on-line
                                                  comment on new or revised data                                                                                 seniority rights;
                                                                                                           information system. Upon completion of
                                                  collections, the Railroad Retirement                     the interview, the on-line information                   • the relocation of current Items 52–
                                                  Board (RRB) will publish periodic                        system generates Form AA–1cert,                       53 from Form AA–1d to proposed Items
                                                  summaries of proposed data collections.                  Application Summary and Certification,                48a–b on Form AA–1, regarding
                                                    Comments are invited on: (a) Whether                   or Form AA–1sum, Application                          whether an applicant had filed or
                                                  the proposed information collection is                   Summary, a summary of the information                 expected to file a lawsuit or claim
                                                  necessary for the proper performance of                  that was provided for the applicant to                against a person or company for a
                                                  the functions of the agency, including                   review and approve. Form AA–1cert                     personal injury that resulted in the
                                                  whether the information has practical                    documents approval using the                          payment of sickness benefits by the
                                                  utility; (b) the accuracy of the RRB’s                   traditional pen and ink ‘‘wet’’ signature,            RRB, as the potential for uncollected
                                                  estimate of the burden of the collection                 and Form AA–1sum documents                            sickness benefits can apply to both a
                                                  of the information; (c) ways to enhance                  approval using the alternative signature              disability applicant as well as an
                                                  the quality, utility, and clarity of the                 method called Attestation. When the                   applicant qualified for an age and
                                                  information to be collected; and (d)                     RRB representative is unable to contact               service annuity.
                                                  ways to minimize the burden related to                   the applicant in person or by telephone,                 Comparable revisions to electronic
mstockstill on DSK3G9T082PROD with NOTICES




                                                  the collection of information on                         for example, the applicant lives in                   equivalent forms (AA–1cert and AA–
                                                  respondents, including the use of                        another country, a manual version of                  1sum) are also being proposed. The RRB
                                                  automated collection techniques or                       Form AA–1 is used.                                    proposes no changes to Form G–204.
                                                  other forms of information technology.                      Form AA–1d, Application for                           One response is requested of each
                                                    Title and purpose of information                       Determination of Employee’s Disability,               respondent. Completion of the forms is
                                                  collection: Application for Employee                     is completed by an employee who is                    required to obtain/retain a benefit.



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                                                  47184                                   Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Notices

                                                                                                                         ESTIMATE OF ANNUAL RESPONDENT BURDEN
                                                                                                                                                                                                         Annual              Time                 Burden
                                                                                                                   Form No.                                                                            responses           (minutes)              (hours)

                                                  AA–1 (without assistance) ...........................................................................................................                         100                       62             103
                                                  AA–1cert (with assistance) ..........................................................................................................                       4,620                       30           2,310
                                                  AA–1sum (with assistance) .........................................................................................................                         8,000                       29           3,867
                                                  AA–1d (with assistance) ..............................................................................................................                      2,600                       60           2,600
                                                  AA–1d (without assistance) .........................................................................................................                            5                       85               7
                                                  G–204 ..........................................................................................................................................               20                       15               5

                                                        Total ......................................................................................................................................         15,345    ........................        8,892



                                                    Additional Information or Comments:                                       The Commission received one comment                                      approved, the Fine Income Procedures
                                                  To request more information or to                                           letter on the proposed rule change 5 and                                 referred to actions to be taken by NYSE
                                                  obtain a copy of the information                                            a response to the comment letter from                                    Regulation and NYSE Regulation’s
                                                  collection justification, forms, and/or                                     the Exchange.6 This order approves the                                   board of directors (‘‘NYSE Regulation
                                                  supporting material, contact Dana                                           proposed rule change.                                                    Board’’). However, following
                                                  Hickman at (312) 751–4981 or                                                                                                                         termination of the Delegation
                                                                                                                              II. Description of the Proposal
                                                  Dana.Hickman@RRB.GOV. Comments                                                                                                                       Agreement, the Regulatory Oversight
                                                  regarding the information collection                                           NYSE proposes to remove as                                            Committee (‘‘ROC’’) of the Exchange’s
                                                  should be addressed to Charles                                              Exchange rules internal procedures                                       board of directors (‘‘Board’’) assumed
                                                  Mierzwa, Railroad Retirement Board,                                         regarding the use of fine income, which                                  responsibility for providing
                                                  844 North Rush Street, Chicago, Illinois                                    were approved by the Commission in                                       independent oversight of the regulatory
                                                  60611–2092 or emailed to                                                    2007 (‘‘Fine Income Procedures’’ or                                      function of the Exchange.11 The
                                                  Charles.Mierzwa@RRB.GOV. Written                                            ‘‘Procedures’’) 7 in connection with the                                 Exchange explains that, in addition to
                                                  comments should be received within 60                                       2006 merger between New York Stock                                       the restrictions in the Fine Income
                                                  days of this notice.                                                        Exchange, Inc. and Archipelago                                           Procedures, Section 4.05 of the
                                                                                                                              Holdings, Inc. (‘‘Archipelago Merger’’).8                                Exchange’s Operating Agreement
                                                  Charles Mierzwa,                                                            The Exchange explains that, at that                                      (‘‘Section 4.05’’) contains limitations on
                                                  Chief of Information Resources Management.                                  time, it had delegated certain of its                                    the use of regulatory assets and income,
                                                  [FR Doc. 2016–17249 Filed 7–19–16; 8:45 am]                                 regulatory functions to its then                                         including fine income.12 Specifically,
                                                  BILLING CODE 7905–01–P                                                      subsidiary, NYSE Regulation, Inc.                                        Section 4.05 prohibits the Exchange
                                                                                                                              (‘‘NYSE Regulation’’) 9 pursuant to a                                    from: (i) Using any regulatory assets or
                                                                                                                              delegation agreement (‘‘Delegation                                       any regulatory fees, fines or penalties
                                                  SECURITIES AND EXCHANGE                                                     Agreement’’).10 As a result, as originally                               collected by its regulatory staff for
                                                  COMMISSION                                                                                                                                           commercial purposes; or (ii) distributing
                                                                                                                                 5 See letter from Michael Walsh, Attorney,
                                                                                                                                                                                                       such assets, fees, fines or penalties to
                                                  [Release No. 34–78326; File No. SR–NYSE–                                    received by the Commission on June 7, 2016
                                                                                                                              (‘‘Walsh Letter’’).
                                                                                                                                                                                                       NYSE Group, Inc. (‘‘NYSE Group’’), i.e.,
                                                  2016–37]                                                                                                                                             the member of New York Stock
                                                                                                                                 6 See letter from Martha Redding, Associate

                                                                                                                              General Counsel and Assistant Secretary, NYSE, to                        Exchange LLC, or any other entity.13
                                                  Self-Regulatory Organizations; New                                          Brent J. Fields, Secretary, Commission, dated June                          The Exchange proposes to delete the
                                                  York Stock Exchange LLC; Order                                              16, 2016 (‘‘NYSE Response Letter’’).                                     Fine Income Procedures, noting that the
                                                  Approving Proposed Rule Change                                                 7 See Securities Exchange Act Release No. 55216
                                                                                                                                                                                                       Exchange would continue to remain
                                                  Removing From Its Rules Certain                                             (January 31, 2007), 72 FR 5779 (February 7, 2007)
                                                                                                                              (‘‘Order Approving the Fine Income Procedures’’).                        subject to the restrictions of Section
                                                  Internal Procedures Regarding the Use                                          8 The Exchange states that the Archipelago                            4.05, which, coupled with the Operating
                                                  of Fine Income                                                              Merger had the effect of ‘‘demutualizing’’ New York                      Agreement provisions governing the
                                                                                                                              Stock Exchange, Inc. by separating equity
                                                  July 14, 2016.                                                              ownership from trading privileges, and converting
                                                                                                                                                                                                       ROC,14 the Exchange believes are
                                                                                                                              it to a for-profit entity. See Notice, supra note 4, at                  sufficient to address concerns about its
                                                  I. Introduction                                                             34394 n.5 (citing Securities Exchange Act Release                        power to fine member organizations and
                                                                                                                              No. 53382 (February 27, 2006), 71 FR 11251, 11254                        the proper use of such funds.15 The
                                                     On May 13, 2016, New York Stock                                          (March 6, 2006) (‘‘Merger Approval Order’’)).
                                                  Exchange LLC (‘‘NYSE’’ or ‘‘Exchange’’)                                        9 See Notice, supra note 4, at 34394. The
                                                  filed with the Securities and Exchange                                      Exchange states that, as approved, the Fine Income                       34394; see also Securities Exchange Act Release No.
                                                                                                                                                                                                       75991 (September 28, 2015), 80 FR 59837, 59839
                                                  Commission (‘‘Commission’’), pursuant                                       Procedures provide that fines would play no role
                                                                                                                                                                                                       (October 2, 2015) (‘‘NYSE Approval Order’’).
                                                  to Section 19(b)(1) 1 of the Securities                                     in the annual NYSE Regulation budget process and
                                                                                                                                                                                                         11 See Notice, supra note 4, at 34394.
                                                                                                                              that the use of fine income by NYSE Regulation
                                                  Exchange Act of 1934 (‘‘Act’’),2 and                                        would be subject to specific review and approval                           12 See id.; see also Ninth Amended and Restated

                                                  Rule 19b–4 thereunder,3 a proposed rule                                     by the NYSE Regulation Board. See id.; see also                          Operating Agreement of New York Stock Exchange
                                                  change to remove internal procedures                                        Securities Exchange Act Release No. 55003                                LLC (‘‘Operating Agreement’’), Art. IV, Sec. 4.05;
                                                                                                                              (December 22, 2006), 71 FR 78497, 78498                                  NYSE Approval Order, supra note 10, at 59839.
                                                  regarding the use of fine income, as                                        (December 29, 2006) (‘‘Fine Income Procedures                              13 See Operating Agreement, Art. IV, Sec. 4.05;
                                                  described below. The proposed rule                                          Proposing Release’’). The Exchange notes that, in                        see also NYSE Approval Order, supra note 10, at
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                                                  change was published for comment in                                         approving the Fine Income Procedures, the                                59839.
                                                                                                                              Commission expressed that the Fine Income                                  14 The Exchange explains that ‘‘the ROC is
                                                  the Federal Register on May 31, 2016.4
                                                                                                                              Procedures would ‘‘guard against the possibility                         specifically charged with reviewing the regulatory
                                                                                                                              that fines may be assessed to respond to budgetary                       budget of the Exchange and inquiring into the
                                                    1 15 U.S.C. 78s(b)(1).                                                    needs rather than to serve a disciplinary purpose.’’                     adequacy of resources available in the budget for
                                                    2 15 U.S.C. 78a.                                                          See Order Approving the Fine Income Procedures,                          regulatory activities.’’ See Notice, supra note 4, at
                                                    3 17 CFR 240.19b–4.                                                       supra note 7, at 5780.                                                   34395 (citing Operating Agreement, Art. II, Sec.
                                                    4 See Securities Exchange Act Release No. 77899                              10 The Delegation Agreement terminated as of                          2.03(h)(ii)).
                                                  (May 24, 2016), 81 FR 34393 (‘‘Notice’’).                                   February 16, 2016. See Notice, supra note 4, at                            15 See Notice, supra note 4, at 34395.




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Document Created: 2018-02-08 07:56:56
Document Modified: 2018-02-08 07:56:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 47183 

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