Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 70047 

employer withdraws in a ‘‘substantial 

withdrawal.’’ 

The reporting requirements in the 

regulation give employers notice of a 

mass withdrawal or substantial 

withdrawal and advise them of their 

rights and liabilities. They also provide 

notice to PBGC so that it can monitor 

the plan, and they help PBGC assess the 

possible impact of a withdrawal event 

on participants and the multiemployer 

plan insurance program. 

PBGC estimates that there are 3 mass 

withdrawals and 3 substantial 

withdrawals per year. The plan sponsor 

of a plan subject to a withdrawal 

covered by the regulation provides 

notices of the withdrawal to PBGC and 

to employers covered by the plan, 

liability assessments to the employers, 

and a certification to PBGC that 

assessments have been made. (For a 

mass withdrawal, there are 2 

assessments and 2 certifications that 

deal with 2 different types of liability. 

For a substantial withdrawal, there is 1 

assessment and 1 certification 

(combined with the withdrawal notice 

to PBGC).) The estimated annual burden 

of the collection of information is 12 

hours and $27,284. 

8. Procedures for PBGC Approval of 

Plan Amendments (29 CFR Part 4220) 

(OMB control number 1212–0031) 

(expires April 30, 2011) 

Under section 4220 of ERISA, a plan 

may within certain limits adopt special 

plan rules regarding when a withdrawal 

from the plan occurs and how the 

withdrawing employer’s withdrawal 

liability is determined. Any such special 

rule is effective only if, within 90 days 

after receiving notice and a copy of the 

rule, PBGC either approves or fails to 

disapprove the rule. 

The regulation provides rules for 

requesting PBGC’s approval of an 

amendment. PBGC needs the required 

information to identify the plan, 

evaluate the risk of loss, if any, posed 

by the plan amendment, and determine 

whether to approve or disapprove the 

amendment. 

PBGC estimates that at most 1 plan 

sponsor submits an approval request per 

year under this regulation. The 

estimated annual burden of the 

collection of information is 0.5 hours. 

9. Mergers and Transfers Between 

Multiemployer Plans (29 CFR Part 

4231) (OMB control number 1212–0022) 

(expires April 30, 2011) 

Section 4231(a) and (b) of ERISA 

requires plans that are involved in a 

merger or transfer to give PBGC 120 

days’ notice of the transaction and 

provides that if PBGC determines that 

specified requirements are satisfied, the 

transaction will be deemed not to be in 

violation of ERISA section 406(a) or 

(b)(2) (dealing with prohibited 

transactions). 

This regulation sets forth the 

procedures for giving notice of a merger 

or transfer under section 4231 and for 

requesting a determination that a 

transaction complies with section 4231. 

PBGC uses information submitted by 

plan sponsors under the regulation to 

determine whether mergers and 

transfers conform to the requirements of 

ERISA section 4231 and the regulation. 

PBGC estimates that there are 20 

transactions each year for which plan 

sponsors submit notices and approval 

requests under this regulation. The 

estimated annual burden of the 

collection of information is 5 hours and 

$6,700. 

10. Notice of Insolvency (29 CFR Part 

4245) (OMB Control Number 1212– 

0033) (Expires April 30, 2011) 

If the plan sponsor of a plan in 

reorganization under ERISA section 

4241 determines that the plan may 

become insolvent, ERISA section 

4245(e) requires the plan sponsor to give 

a ‘‘notice of insolvency’’ to PBGC, 

contributing employers, and plan 

participants and their unions in 

accordance with PBGC rules. 

For each insolvency year under 

ERISA section 4245(b)(4), ERISA section 

4245(e) also requires the plan sponsor to 

give a ‘‘notice of insolvency benefit 

level’’ to the same parties. 

This regulation establishes the 

procedure for giving these notices. 

PBGC uses the information submitted to 

estimate cash needs for financial 

assistance to troubled plans. Employers 

and unions use the information to 

decide whether additional plan 

contributions will be made to avoid the 

insolvency and consequent benefit 

suspensions. Plan participants and 

beneficiaries use the information in 

personal financial decisions. 

PBGC estimates that at most 1 plan 

sponsor of an ongoing plan gives notices 

each year under this regulation. The 

estimated annual burden of the 

collection of information is 1 hour and 

$2,693. 

11. Duties of Plan Sponsor Following 

Mass Withdrawal (29 CFR Part 4281) 

(OMB Control Number 1212–0032) 

(Expires April 30, 2011) 

Section 4281 of ERISA provides rules 

for plans that have terminated by mass 

withdrawal. Under section 4281, if 

nonforfeitable benefits exceed plan 

assets, the plan sponsor must amend the 

plan to reduce benefits. If the plan 

nevertheless becomes insolvent, the 

plan sponsor must suspend certain 

benefits that cannot be paid. If available 

resources are inadequate to pay 

guaranteed benefits, the plan sponsor 

must request financial assistance from 

PBGC. 

The regulation requires a plan 

sponsor to give notices of benefit 

reduction, notices of insolvency and 

annual updates, and notices of 

insolvency benefit level to PBGC and to 

participants and beneficiaries and, if 

necessary, to apply to PBGC for 

financial assistance. 

PBGC uses the information it receives 

to make determinations required by 

ERISA, to identify and estimate the cash 

needed for financial assistance to 

terminated plans, and to verify the 

appropriateness of financial assistance 

payments. Plan participants and 

beneficiaries use the information to 

make personal financial decisions. 

PBGC estimates that plan sponsors of 

terminated plans each year give benefit 

reduction notices for 3 plans and give 

notices of insolvency benefit level and 

annual updates, and submit requests for 

financial assistance, for 54 plans. Of 

those 54 plans, PBGC estimates that 

plan sponsors each year will submit 255 

requests (ranging from monthly to 

annual) for financial assistance. PBGC 

estimates that plan sponsors each year 

give notices of insolvency for 7 plans. 

The estimated annual burden of the 

collection of information is 1 hour and 

$681,100. 

Issued in Washington, DC, November 8, 

2010. 

John H. Hanley, 

Director, Legislative and Regulatory 

Department, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2010–28692 Filed 11–15–10; 8:45 am] 

BILLING CODE 7709–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[SEC File No. 270–621] 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies 

Available From: Securities and 

Exchange Commission, Office of 

Investor Education and Advocacy, 

Washington, DC 20549–0213. 

Electronic Data Collection System 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission 

(‘‘Commission’’) is soliciting comments 

mstockstill on DSKH9S0YB1PROD with NOTICES

70048 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

on the new collection of information 

summarized below. The Commission 

plans to submit this new collection of 

information to the Office of 

Management and Budget for approval. 

The Securities and Exchange 

Commission has begun the design of a 

new Electronic Data Collection System 

database (the Database) and invites 

comment on the Database that will 

support information provided by the 

general public that would like to file a 

tip or complaint with the SEC. The 

Database will be a web based e-filed 

dynamic report based on technology 

that pre-populates and establishes a 

series of questions based on the data 

that the individual enters. The 

individual will then complete specific 

information on the subject(s) and nature 

of the suspicious activity, using the data 

elements appropriate to the type of 

complaint or subject. The information 

collection is voluntary. The first phase 

of the Database is scheduled to be 

released as a pilot in December 2010. 

Any public suggestions that are received 

during the pilot phase will be reviewed 

and changes will be considered. The 

final version will be available Spring 

2011. There are no costs associated with 

this collection. It will be available using 

the agency’s Web site http:// 

www.sec.gov. Information is voluntary. 

Estimated number of annual 

responses = 25,000. 

Estimated annual reporting burden = 

12,500 hours (30 minutes per 

submission). 

Written comments are invited on: (a) 

Whether this collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information will have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden imposed 

by the collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information collected; and 

(d) ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

Consideration will be given to 

comments and suggestions submitted in 

writing within 30 days of this 

publication. 

Background documentation for this 

new information collection may be 

viewed at the following Web site, http:// 

www.reginfo.gov. Please direct general 

comments to the following persons: (i) 

Desk Officer for the Securities and 

Exchange Commission, Office of 

Management and Budget, Room 10102, 

New Executive Office Building, 

Washington, DC 20503 or send an email to Shagufta Ahmed at 

Shagufta_Ahmed@omb.eop.gov; 

Thomas Bayer, Director/CIO, Securities 

and Exchange Commission, C/O Remi 

Pavlik-Simon, 6432 General Green Way, 

Alexandria, VA 22312; or send an email to: PRA_Mailbox@sec.gov. 

Comments must be submitted to OMB 

within 30 days of this notice. 

November 5, 2010. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–28777 Filed 11–15–10; 8:45 am] 

BILLING CODE 8011–01–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, November 18, 2010 at 3 

p.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 Aguilar, 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, 

November 18, 2010 will be: 

Institution and settlement of 

injunctive actions; 

Institution and settlement of 

administrative proceedings; 

Consideration of amicus participation; 

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. 

November 10, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–28924 Filed 11–12–10; 11:15 am] 

BILLING CODE 8011–01–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 its annual forum 

on small business capital formation on 

November 18, 2010 beginning at 9 a.m. 

The forum will include a panel 

discussion focusing on selected 

provisions of the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act relating to securities regulation and 

small business and presentations by 

private organizations concerned with 

small business capital formation. 

The panel discussion and 

presentations will take place in the 

Auditorium of the Commission’s 

headquarters at 100 F Street, NE., 

Washington, DC and will be open to the 

public with seating on a first-come, firstserved basis. Doors will open at 8:30 

a.m. Visitors will be subject to security 

checks. 

For further information, please 

contact Anthony Barone at 202–551– 

3261. 

November 10, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–28865 Filed 11–12–10; 11:15 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63275; File No. SR– 

NYSEArca–2010–100] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Amending the Applicable 

Sections of Its Schedules of Fees and 

Charges for Exchange Services for 

Both Its Equities and Options 

Platforms (the ‘‘Schedules’’) To Reflect 

Fees Charged for Co-location Services 

November 8, 2010. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

mstockstill on DSKH9S0YB1PROD with NOTICES