81 FR 59251 - Proposed Collection; Comment Request

RAILROAD RETIREMENT BOARD

Federal Register Volume 81, Issue 167 (August 29, 2016)

Page Range		59251-59253
FR Document		2016-20675

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: Vocational Report; OMB 3220-0141. Section 2 of the Railroad Retirement Act (RRA) provides for payment of disability annuities to qualified employees and widow(ers). The establishment of permanent disability for work in the applicant's ``regular occupation'' or for work in any regular employment is prescribed in 20 CFR 220.12 and 220.13 respectively. The RRB utilizes Form G-251, Vocational Report, to obtain an applicant's work history. This information is used by the RRB to determine the effect of a disability on an applicant's ability to work. Form G-251 is designed for use with the RRB's disability benefit application forms and is provided to all applicants for employee disability annuities and to those applicants for a widow(er)'s disability annuity who indicate that they have been employed at some time. 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 items: <bullet> Item 12, ``Describe the essential duties of the position'': Comments received preferred the use of the term ``basic'' rather than ``essential'' stating the use of ``essential'' duties ``is subjective, and could mislead an employee to inadvertently fail to list something that may be significant to the Board's examiner.'' <bullet> Item 13, ``Describe the environmental conditions that the position exposes you to'': Comments received preferred the use of the term ``hazards'' rather than ``conditions'' stating that the use of the term ``conditions'' may lead the employee respondent and the RRB claim examiners to different conclusions simply by changing the terms used, i.e., ``a hazard explains a present danger, or more importantly, a risk to the employee's life, health or safety. A condition, on the other hand, could be anything that either carries risk with it or is benign in nature.'' <bullet> Item 14, ``Indicate below the kind and amount of physical activity this job involved during a typical 8-hour workday'': Comments received stated that many railroad operating employees do not have a routine day or typical work day and that the question does not adequately provide for employees ``who are subject to duty periods of 12 hours.'' <bullet> Item 15, ``Has your employer made permanent adjustments to this job to accommodate you'': Comments ranged from the question ``asks an employee to speculate on the kind of accommodations an employer has made to accommodate them'' to ``employees may receive informal or temporary accommodations that do not rise to the level of a permanent accommodation.'' Additional comments expressed concern that RRB examiners may interpret non-permanent accommodations as an indicator that an employee may not have a disability. RRB staff responded to the railroad labor organizations' comments, specifically with regard to: <bullet> Item 12: Whereas it was acknowledged that the use of either term ``essential'' or ``basic'' can be subjective, the RRB decided to use the term ``essential'' to address any allegations that the RRB awards disability benefits to individuals if they are incapable of performing a simple non-essential task. If a duty is unintentionally omitted, the RRB believes the information requested in subsequent questions 13 and 14 will capture that information. Lastly, the RRB assured commenters that the appropriate legal standard will be applied when adjudicating a disability application. <bullet> Item 13: Use of the term ``conditions'' provides an RRB claims examiner with all the environmental conditions that an applicant is exposed to, not just the environmental hazards. It is intended to be inclusive and capture the essence of all experiences at work, whether they are hazardous or benign in nature. <bullet> Item 14: The purpose of the question is to provide the RRB examiner with an understanding of the types of physical activities required in the performance of the applicant's jobs. The RRB uses 8 hours as the typical work schedule to estimate the hours worked daily by an employee. However, the instructions to Item 14 provide the employee the option to check the exact number of hours worked daily. <bullet> Item 15: A work accommodation can be relevant in determining whether an individual is disabled. The RRB determined, consistent with RRB Legal Opinion 98-15, that accommodations are to be taken into consideration if they are essential to the performance of the employee's particular occupation and only if the accommodated job was performed consistently for at least 5 years. Item 15, allows the RRB to gather specific information about whether accommodations provided should be considered in accordance with Legal Opinion 98-15. Applicants are not asked to speculate about accommodations, but to provide information about accommodations actually put into effect. After a careful and thorough evaluation of the comments received, the RRB is now moving forward with a standard renewal of the information collection. No changes are proposed to Form G-251. Completion is required to obtain or retain a benefit. One response is requested of each respondent.

Federal Register, Volume 81 Issue 167 (Monday, August 29, 2016)

[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Notices]
[Pages 59251-59253]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20675]


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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

[[Page 59252]]

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: Vocational Report; OMB 
3220-0141.
    Section 2 of the Railroad Retirement Act (RRA) provides for payment 
of disability annuities to qualified employees and widow(ers). The 
establishment of permanent disability for work in the applicant's 
``regular occupation'' or for work in any regular employment is 
prescribed in 20 CFR 220.12 and 220.13 respectively.
    The RRB utilizes Form G-251, Vocational Report, to obtain an 
applicant's work history. This information is used by the RRB to 
determine the effect of a disability on an applicant's ability to work. 
Form G-251 is designed for use with the RRB's disability benefit 
application forms and is provided to all applicants for employee 
disability annuities and to those applicants for a widow(er)'s 
disability annuity who indicate that they have been employed at some 
time.
    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 items:
     Item 12, ``Describe the essential duties of the 
position'': Comments received preferred the use of the term ``basic'' 
rather than ``essential'' stating the use of ``essential'' duties ``is 
subjective, and could mislead an employee to inadvertently fail to list 
something that may be significant to the Board's examiner.''
     Item 13, ``Describe the environmental conditions that the 
position exposes you to'': Comments received preferred the use of the 
term ``hazards'' rather than ``conditions'' stating that the use of the 
term ``conditions'' may lead the employee respondent and the RRB claim 
examiners to different conclusions simply by changing the terms used, 
i.e., ``a hazard explains a present danger, or more importantly, a risk 
to the employee's life, health or safety. A condition, on the other 
hand, could be anything that either carries risk with it or is benign 
in nature.''
     Item 14, ``Indicate below the kind and amount of physical 
activity this job involved during a typical 8-hour workday'': Comments 
received stated that many railroad operating employees do not have a 
routine day or typical work day and that the question does not 
adequately provide for employees ``who are subject to duty periods of 
12 hours.''
     Item 15, ``Has your employer made permanent adjustments to 
this job to accommodate you'': Comments ranged from the question ``asks 
an employee to speculate on the kind of accommodations an employer has 
made to accommodate them'' to ``employees may receive informal or 
temporary accommodations that do not rise to the level of a permanent 
accommodation.'' Additional comments expressed concern that RRB 
examiners may interpret non-permanent accommodations as an indicator 
that an employee may not have a disability.
    RRB staff responded to the railroad labor organizations' comments, 
specifically with regard to:
     Item 12: Whereas it was acknowledged that the use of 
either term ``essential'' or ``basic'' can be subjective, the RRB 
decided to use the term ``essential'' to address any allegations that 
the RRB awards disability benefits to individuals if they are incapable 
of performing a simple non-essential task. If a duty is unintentionally 
omitted, the RRB believes the information requested in subsequent 
questions 13 and 14 will capture that information. Lastly, the RRB 
assured commenters that the appropriate legal standard will be applied 
when adjudicating a disability application.
     Item 13: Use of the term ``conditions'' provides an RRB 
claims examiner with all the environmental conditions that an applicant 
is exposed to, not just the environmental hazards. It is intended to be 
inclusive and capture the essence of all experiences at work, whether 
they are hazardous or benign in nature.
     Item 14: The purpose of the question is to provide the RRB 
examiner with an understanding of the types of physical activities 
required in the performance of the applicant's jobs. The RRB uses 8 
hours as the typical work schedule to estimate the hours worked daily 
by an employee. However, the instructions to Item 14 provide the 
employee the option to check the exact number of hours worked daily.
     Item 15: A work accommodation can be relevant in 
determining whether an individual is disabled. The RRB determined, 
consistent with RRB Legal Opinion 98-15, that accommodations are to be 
taken into consideration if they are essential to the performance of 
the employee's particular occupation and only if the accommodated job 
was performed consistently for at least 5 years. Item 15, allows the 
RRB to gather specific information about whether accommodations 
provided should be considered in accordance with Legal Opinion 98-15. 
Applicants are not asked to speculate about accommodations, but to 
provide information about accommodations actually put into effect.
    After a careful and thorough evaluation of the comments received, 
the RRB is now moving forward with a standard renewal of the 
information collection. No changes are proposed to Form G-251. 
Completion is required to obtain or retain a benefit. One response is 
requested of each respondent.

                                      Estimate of Annual Respondent Burden
----------------------------------------------------------------------------------------------------------------
                                                                      Annual           Time           Burden
                            Form No.                                 responses       (minutes)        (hours)
----------------------------------------------------------------------------------------------------------------
G-251 (with assistance).........................................           5,730              40           3,820
G-251 (without assistance)......................................             270              50             225
                                                                 -----------------------------------------------
    Total.......................................................           6,000  ..............           4,045
----------------------------------------------------------------------------------------------------------------

    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

[[Page 59253]]

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. 2016-20675 Filed 8-26-16; 8:45 am]
 BILLING CODE 7905-01-P

59252 Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Notices

the quality, utility, and clarity of the position exposes you to’’: Comments capture that information. Lastly, the
information to be collected; and (d) received preferred the use of the term RRB assured commenters that the
ways to minimize the burden related to ‘‘hazards’’ rather than ‘‘conditions’’ appropriate legal standard will be
the collection of information on stating that the use of the term applied when adjudicating a disability
respondents, including the use of ‘‘conditions’’ may lead the employee application.
automated collection techniques or respondent and the RRB claim • Item 13: Use of the term
other forms of information technology. examiners to different conclusions ‘‘conditions’’ provides an RRB claims
Title and purpose of information simply by changing the terms used, i.e., examiner with all the environmental
collection: Vocational Report; OMB ‘‘a hazard explains a present danger, or conditions that an applicant is exposed
3220–0141. more importantly, a risk to the to, not just the environmental hazards.
Section 2 of the Railroad Retirement employee’s life, health or safety. A It is intended to be inclusive and
Act (RRA) provides for payment of condition, on the other hand, could be capture the essence of all experiences at
disability annuities to qualified anything that either carries risk with it work, whether they are hazardous or
employees and widow(ers). The or is benign in nature.’’
establishment of permanent disability benign in nature.
• Item 14, ‘‘Indicate below the kind
for work in the applicant’s ‘‘regular • Item 14: The purpose of the
and amount of physical activity this job
occupation’’ or for work in any regular question is to provide the RRB examiner
involved during a typical 8-hour
employment is prescribed in 20 CFR with an understanding of the types of
workday’’: Comments received stated
220.12 and 220.13 respectively. physical activities required in the
that many railroad operating employees
The RRB utilizes Form G–251, performance of the applicant’s jobs. The
do not have a routine day or typical
Vocational Report, to obtain an RRB uses 8 hours as the typical work
work day and that the question does not
applicant’s work history. This schedule to estimate the hours worked
adequately provide for employees ‘‘who
information is used by the RRB to daily by an employee. However, the
are subject to duty periods of 12 hours.’’
determine the effect of a disability on an instructions to Item 14 provide the
• Item 15, ‘‘Has your employer made
applicant’s ability to work. Form G–251 employee the option to check the exact
permanent adjustments to this job to
is designed for use with the RRB’s number of hours worked daily.
accommodate you’’: Comments ranged
disability benefit application forms and • Item 15: A work accommodation
from the question ‘‘asks an employee to
is provided to all applicants for can be relevant in determining whether
speculate on the kind of
employee disability annuities and to an individual is disabled. The RRB
those applicants for a widow(er)’s accommodations an employer has made
to accommodate them’’ to ‘‘employees determined, consistent with RRB Legal
disability annuity who indicate that Opinion 98–15, that accommodations
they have been employed at some time. may receive informal or temporary
accommodations that do not rise to the are to be taken into consideration if they
The RRB recently received short-term are essential to the performance of the
approval of a Request for Emergency level of a permanent accommodation.’’
Additional comments expressed employee’s particular occupation and
Clearance from the Office of only if the accommodated job was
Management and Budget for this concern that RRB examiners may
interpret non-permanent performed consistently for at least 5
information collection. In response to
accommodations as an indicator that an years. Item 15, allows the RRB to gather
that request the RRB received comments
employee may not have a disability. specific information about whether
from 3 railroad labor organizations
RRB staff responded to the railroad accommodations provided should be
commenting on the RRB’s action. The
labor organizations’ comments, considered in accordance with Legal
comments centered on the collection of
specifically with regard to: Opinion 98–15. Applicants are not
information associated with the
• Item 12: Whereas it was asked to speculate about
following items:
• Item 12, ‘‘Describe the essential acknowledged that the use of either accommodations, but to provide
duties of the position’’: Comments term ‘‘essential’’ or ‘‘basic’’ can be information about accommodations
received preferred the use of the term subjective, the RRB decided to use the actually put into effect.
‘‘basic’’ rather than ‘‘essential’’ stating term ‘‘essential’’ to address any After a careful and thorough
the use of ‘‘essential’’ duties ‘‘is allegations that the RRB awards evaluation of the comments received,
subjective, and could mislead an disability benefits to individuals if they the RRB is now moving forward with a
employee to inadvertently fail to list are incapable of performing a simple standard renewal of the information
something that may be significant to the non-essential task. If a duty is collection. No changes are proposed to
Board’s examiner.’’ unintentionally omitted, the RRB Form G–251. Completion is required to
• Item 13, ‘‘Describe the believes the information requested in obtain or retain a benefit. One response
environmental conditions that the subsequent questions 13 and 14 will is requested of each respondent.

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

G–251 (with assistance) .............................................................................................................. 5,730 40 3,820
G–251 (without assistance) ......................................................................................................... 270 50 225
jstallworth on DSK7TPTVN1PROD with NOTICES

Total ...................................................................................................................................... 6,000 ........................ 4,045

Additional Information or Comments: collection justification, forms, and/or Dana.Hickman@RRB.GOV. Comments
To request more information or to supporting material, contact Dana regarding the information collection
obtain a copy of the information Hickman at (312) 751–4981 or should be addressed to Charles

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Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Notices 59253

Mierzwa, Railroad Retirement Board, An agency may not conduct or disapproved. The Commission is
844 North Rush Street, Chicago, Illinois sponsor, and a person is not required to extending this 45-day time period. The
60611–2092 or emailed to respond to, a collection of information Commission finds that it is appropriate
Charles.Mierzwa@RRB.GOV. Written unless it displays a currently valid to designate a longer period within
comments should be received within 60 control number. which to take action on the proposed
days of this notice. Please direct your written comments rule change so that it has sufficient time
to Pamela Dyson, Director/Chief to consider the proposed rule change.
Charles Mierzwa, Information Officer, Securities and Accordingly, the Commission,
Chief of Information Resources Management. Exchange Commission, c/o Remi Pavlik- pursuant to Section 19(b)(2) of the Act,5
[FR Doc. 2016–20675 Filed 8–26–16; 8:45 am] Simon, 100 F Street NE., Washington, designates October 19, 2016, as the date
BILLING CODE 7905–01–P DC 20549; or send an email to: PRA_ by which the Commission shall either
Mailbox@sec.gov. approve or disapprove or institute
Dated: August 23, 2016. proceedings to determine whether to
SECURITIES AND EXCHANGE Robert W. Errett, disapprove the proposed rule change
COMMISSION Deputy Secretary. (File Number SR–BatsBZX–2016–34).
Proposed Collection; Comment [FR Doc. 2016–20570 Filed 8–26–16; 8:45 am] For the Commission, by the Division of
BILLING CODE 8011–01–P Trading and Markets, pursuant to delegated
Request authority.6
Robert W. Errett,
Upon Written Request Copies Available
From: Securities and Exchange SECURITIES AND EXCHANGE Deputy Secretary.
COMMISSION [FR Doc. 2016–20574 Filed 8–26–16; 8:45 am]
Commission, Office of FOIA Services,
100 F Street NE., Washington, DC [Release No. 34–78643; File No. SR– BILLING CODE 8011–01–P
20549–2736 BatsBZX–2016–34]
Extension: Regulation S Self-Regulatory Organizations; Bats SECURITIES AND EXCHANGE
SEC File No. 270–315, OMB Control No.
BZX Exchange, Inc.; Notice of COMMISSION
3235–0357
Designation of a Longer Period for
Notice is hereby given that, pursuant [Release No. 34–78642; File No. SR–
Commission Action on Proposed Rule NASDAQ–2016–071]
to the Paperwork Reduction Act of 1995 Change to BZX Rule 14.11(i), Managed
(44 U.S.C. 3501 et seq.), the Securities Fund Shares, To List and Trade Shares Self-Regulatory Organizations; The
and Exchange Commission of the ProShares Crude Oil Strategy NASDAQ Stock Market LLC; Order
(‘‘Commission’’) is soliciting comments ETF Approving a Proposed Rule Change,
on the collection of information as Modified by Amendment No. 1, To
summarized below. The Commission August 23, 2016.
On July 1, 2016, Bats BZX Exchange, List and Trade Shares of the First Trust
plans to submit this existing collection CEF Income Opportunity ETF and the
of information to the Office of Inc. (‘‘BZX’’) filed with the Securities
and Exchange Commission First Trust Municipal CEF Income
Management and Budget for extension Opportunity ETF
and approval. (‘‘Commission’’), pursuant to Section
Regulation S (17 CFR 230.901 through 19(b)(1) of the Securities Exchange Act August 23, 2016.
230.905) sets forth rules governing offers of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to I. Introduction
and sales of securities made outside the
United States without registration under list and trade shares of the ProShares On May 10, 2016, The NASDAQ
the Securities Act of 1933 (15 U.S.C. 77a Crude Oil Strategy ETF, a series of Stock Market LLC (‘‘Nasdaq’’ or
et seq.). Regulation S clarifies the extent ProShares Trust, under Rule 14.11(i). ‘‘Exchange’’) filed with the Securities
to which Section 5 of the Securities Act The proposed rule change was and Exchange Commission
applies to offers and sales of securities published for comment in the Federal (‘‘Commission’’), pursuant to Section
outside of the United States. Regulation Register on July 21, 2016.3 The 19(b)(1) of the Securities Exchange Act
S is assigned one burden hour for Commission has received no comment of 1934 (‘‘Exchange Act’’),1 and Rule
administrative convenience. letters on the proposed rule change. 19b–4 thereunder,2 a proposed rule
Written comments are invited on: (a) Section 19(b)(2) of the Act 4 provides change to list and trade shares
Whether this collection of information that, within 45 days of the publication (‘‘Shares’’) of the First Trust CEF Income
is necessary for the proper performance of notice of the filing of a proposed rule Opportunity ETF (‘‘CEF Income
of the functions of the agency, including change, or within such longer period up Opportunity Fund’’) and First Trust
whether the information will have to 90 days as the Commission may Municipal CEF Income Opportunity
practical utility; (b) the accuracy of the designate if it finds such longer period ETF (‘‘Municipal CEF Income
agency’s estimate of the burden imposed to be appropriate and publishes its Opportunity Fund’’ and collectively,
by the collection of information; (c) reasons for so finding or as to which the ‘‘Funds’’) under Nasdaq Rule 5735. On
ways to enhance the quality, utility, and self-regulatory organization consents, May 20, 2016, the Exchange submitted
clarity of the information collected; and the Commission shall either approve the Amendment No. 1 to the proposed rule
(d) ways to minimize the burden of the proposed rule change, disapprove the change.3 The Commission published
collection of information on proposed rule change, or institute notice of the proposed rule change, as
jstallworth on DSK7TPTVN1PROD with NOTICES

respondents, including through the use proceedings to determine whether the
of automated collection techniques or proposed rule change should be 5 Id.
6 17 CFR 200.30–3(a)(31).
other forms of information technology. 1 15 U.S.C. 78s(b)(1). 1 15 U.S.C. 78s(b)(1).
Consideration will be given to 2 17 CFR 240.19b–4. 2 17 CFR 240.19b–4.
comments and suggestions submitted in 3 See Securities Exchange Act Release No. 78346 3 Amendment No. 1 is available at https://www.
writing within 60 days of this (July 15, 2016), 81 FR 47475. sec.gov/comments/sr-nasdaq-2016-71/nasdaq
publication. 4 15 U.S.C. 78s(b)(2). 2016071-2.pdf.

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Document Created: 2016-08-26 23:49:53
Document Modified: 2016-08-26 23:49:53

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		81 FR 59251