Federal Register / Vol. 76, No. 67 / Thursday, April 7, 2011 / Notices 19511 

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

2 17 CFR 240.19b–4. 

3PowerShares QQQQ, formerly known the 

‘‘NASDAQ–100 Index Tracking Stock®’’, is based on 

the Nasdaq-100 Index®. 

4The term ‘‘Select Symbols’’ refers to the symbols 

which are subject to the Rebates and Fees for 

Adding and Removing Liquidity in Section I of the 

Exchange’s Fee Schedule. 

PBGC will make all comments available 

on its Web site at http://www.pbgc.gov. 

Copies of the collection of 

information may be obtained without 

charge by writing to the Disclosure 

Division of the Office of the General 

Counsel of PBGC at the above address, 

visiting the Disclosure Division, faxing 

a request to 202–326–4042, or calling 

202–326–4040 during normal business 

hours. (TTY and TDD users may call the 

Federal relay service toll-free at 1–800– 

877–8339 and ask to be connected to 

202–326–4040.) The regulations and 

instructions relating to this collection of 

information are available on PBGC’s 

Web site at http://www.pbgc.gov. 

FOR FURTHER INFORMATION CONTACT: Jo 

Amato Burns, Attorney, or Catherine B. 

Klion, Manager, Legislative and 

Regulatory Department, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005, 202–326– 

4024. (For TTY and TDD, call 800–877– 

8339 and ask to be connected to 202– 

326–4024.) 

SUPPLEMENTARY INFORMATION: Sections 

4041 and 4042 of the Employee 

Retirement Income Security Act of 1974, 

as amended (‘‘ERISA’’), 29 U.S.C. 1301– 

1461, govern the termination of singleemployer defined benefit pension plans 

that are subject to Title IV of ERISA. A 

plan administrator may initiate a 

distress termination pursuant to section 

4041(c), and PBGC may itself initiate 

proceedings to terminate a pension plan 

under section 4042 if PBGC determines 

that certain conditions are present. 

Section 506 of the Pension Protection 

Act of 2006 (Pub. L. 109–280) amended 

sections 4041 and 4042 of ERISA. These 

amendments require that, upon a 

request by an affected party, a plan 

administrator must disclose information 

it has submitted to PBGC in connection 

with a distress termination filing, and 

that a plan administrator or plan 

sponsor must disclose information it has 

submitted to PBGC in connection with 

a PBGC-initiated termination. The 

provisions also require PBGC to disclose 

the administrative record relating to a 

PBGC-initiated termination upon 

request by an affected party. The new 

provisions are applicable to 

terminations initiated on or after August 

17, 2006. On November 18, 2008 (at 73 

FR 68333, PBGC amended its 

regulations to implement the PPA 2006 

provisions. 

A description of the current 

disclosure provisions for distress 

terminations can be found on PBGC’s 

Web site at http://www.pbgc.gov/

Documents/Disclosure_of_

Distress_Termination_Information.pdf. 

A description of the disclosure 

provisions for PBGC-initiated 

terminations is attached to each notice 

of determination that PBGC issues that 

a plan should be terminated under 

section 4042 of ERISA. 

Based on its experience and 

information from practitioners, PBGC 

estimates that three participants or other 

affected parties will annually make 

requests for termination information. 

PBGC estimates that the total annual 

burden for the collection of information 

will be about 45 hours and $900 (15 

hours and $300 per request). 

PBGC is soliciting public comments 

to— 

• Evaluate whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

collection of information, including the 

validity of the methodology and 

assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. 

Issued in Washington, DC, this 1st day of 

April, 2011. 

John H. Hanley, 

Director, Legislative and Regulatory 

Department, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2011–8355 Filed 4–6–11; 8:45 am] 

BILLING CODE 7709–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–64165; File No. SR–Phlx– 

2011–39] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Relating to 

QQQQ 

April 1, 2011. 

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 March 25, 

2011, NASDAQ OMX PHLX LLC (‘‘Phlx’’ 

or ‘‘Exchange’’) filed with the Securities 

and Exchange Commission (‘‘SEC’’ or 

‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III, below, which Items have been 

prepared by the Exchange. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend 

Section I of the Exchange’s Fee 

Schedule titled ‘‘Rebates and Fees for 

Adding and Removing Liquidity in 

Select Symbols,’’ specifically to amend 

the trading symbol for the PowerShares 

QQQ Trust.3

The text of the proposed rule change 

is available on the Exchange’s website at 

http://nasdaqtrader.com/ 

micro.aspx?id=PHLXfilings, 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 

Exchange 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 

Exchange 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 purpose of the proposed rule 

change is to amend the list of Select 

Symbols 4 in Section I of the Exchange’s 

Fee Schedule, titled ‘‘Rebates and Fees 

for Adding and Removing Liquidity in 

Select Symbols.’’ Specifically, the 

Exchange proposes to amend the trading 

symbol ‘‘QQQQ.’’ The Exchange 

proposes to change the symbol from 

‘‘QQQQ’’ to ‘‘QQQ’’ to reflect the recent 

change in that exchange-traded fund’s 

ticker symbol. ‘‘QQQQ’’ would continue 

to be subject to the Fees and Rebates for 

mstockstill on DSKH9S0YB1PROD with NOTICES

19512 Federal Register / Vol. 76, No. 67 / Thursday, April 7, 2011 / Notices 

5 15 U.S.C. 78f(b). 

6 15 U.S.C. 78f(b)(5). 

7 15 U.S.C. 78s(b)(3)(A). 

8 17 CFR 240.19b–4(f)(1). 

9 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

Adding and Removing Liquidity in 

Section I of the Exchange’s Fee 

Schedule. The Exchange is also 

proposing to make conforming 

amendments within Section I of the Fee 

Schedule to change ‘‘QQQQ’’ to ‘‘QQQ’’ 

in the remainder of that Section. 

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with Section 6(b) 

of the Act 5 in general, and furthers the 

objectives of Section 6(b)(5) of the Act 6

in particular, in that it is designed to 

promote just and equitable principles of 

trade, to remove impediments to and 

perfect the mechanism of a free and 

open market and a national market 

system, and, in general to protect 

investors and the public interest. The 

Exchange believes that updating the 

Exchange’s Fee Schedule to amend the 

‘‘QQQQ’’ symbol to ‘‘QQQ’’ will provide 

its members clarity as to which symbols 

are subject to the Fees and Rebates for 

Adding and Removing Liquidity in 

Section I of the Exchange’s Fee 

Schedule. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Pursuant to Section 19(b)(3)(A) of the 

Act 7 and Rule 19b–4(f)(1)8 thereunder, 

the Exchange has designated this 

proposal as one that constitutes a stated 

policy, practice or interpretation with 

respect to the meaning, administration, 

or enforcement of an existing rule of the 

SRO, and therefore has become 

effective. 

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. If the 

Commission takes such action, the 

Commission shall institute proceedings 

to determine whether the proposed rule 

should be approved or disapproved. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–Phlx-2011–39 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–Phlx-2011–39. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for website viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street, NE., 

Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. Copies of the filing also 

will be available for inspection and 

copying at the principal office of the 

Exchange. All comments received will 

be posted without change; the 

Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR–Phlx– 

2011–39 and should be submitted on or 

before April 28, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–8231 Filed 4–6–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–64167; File No. SR–OCC– 

2011–03] 

Self-Regulatory Organizations; The 

Options Clearing Corporation; Notice 

of Filing of Proposed Rule Change to 

Allow for an Expansion of OCC’s 

Internal Cross-Margining Program to 

Include the Ability of a Pair of Affiliated 

Clearing Members to Establish an 

Internal Non-Proprietary CrossMargining Account 

April 1, 2011. 

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 March 17, 

2011, The Options Clearing Corporation 

(‘‘OCC’’) filed with the Securities and 

Exchange Commission (‘‘Commission’’) 

the proposed rule change as described 

in Items I, II, and III below, which Items 

have been prepared primarily by OCC. 

The Commission is publishing this 

notice to solicit comments on the 

proposed rule change from interested 

persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The proposed rule change would 

expand OCC’s internal cross-margining 

program to permit a pair of affiliated 

clearing members to establish a crossmargining account (‘‘Internal NonProprietary Cross-Margining Account’’) 

in which securities and security futures 

that are cleared by OCC in its capacity 

as a securities clearing agency may be 

cross-margined with commodity futures 

and options on such futures that are 

cleared by OCC in its capacity as a 

derivatives clearing organization 

(‘‘DCO’’) registered with the Commodity 

Futures Trading Commission (‘‘CFTC’’) 

under the Commodity Exchange Act 

(‘‘CEA’’). 

mstockstill on DSKH9S0YB1PROD with NOTICES