Federal Register / Vol. 77, No. 36 / Thursday, February 23, 2012 / Notices 10787 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 66362 

(February 9, 2012) (SR–Phlx–2012–13). 

4See Securities Exchange Act Release No. 66362 

(February 9, 2012) (SR–Phlx–2012–13). 

Benefit Guaranty Corporation, 1200 K 

Street, NW., Washington, DC 20005– 

4026. 

Comments received, including 

personal information provided, will be 

posted to http://www.pbgc.gov. 

Copies of the collection of 

information and comments may be 

obtained without charge by writing to 

the Disclosure Division, Office of 

General Counsel, at the above address or 

by visiting the Disclosure Division or 

calling 202–326–4040 during normal 

business hours. (TTY/TDD users may 

call the Federal relay service toll-free at 

1–800–877–8339 and ask to be 

connected to 202–326–4040.) 

FOR FURTHER INFORMATION CONTACT: 

Grace H. Kraemer, Attorney, or 

Catherine B. Klion, Manager Legislative 

and Regulatory Department, Pension 

Benefit Guaranty Corporation, 1200 K 

Street, NW., Washington, DC 20005– 

4026; 202–326–4024. (TTY/TDD users 

may call the Federal relay service tollfree at 1–800–877–8339 and ask to be 

connected to 202–326–4024.) 

SUPPLEMENTARY INFORMATION: Section 

4010 of the Employee Retirement 

Income Security Act of 1974 (ERISA) 

requires each member of a controlled 

group to submit financial and actuarial 

information to PBGC under certain 

circumstances. PBGC’s regulation on 

Annual Financial and Actuarial 

Information (29 CFR Part 4010) specifies 

the items of identifying, financial, and 

actuarial information that filers must 

submit. PBGC reviews the information 

that is filed and enters it into an 

electronic database for more detailed 

analysis. Computer-assisted analysis of 

this information helps PBGC to 

anticipate possible major demands on 

the/pension insurance system and to 

focus PBGC resources on situations that 

pose the greatest risk to the system. 

Because other sources of information are 

usually not as current as the 4010 

information and do not reflect a plan’s 

termination liability, 4010 filings play a 

major role in PBGC’s ability to protect 

participant and premium-payer 

interests. 

ERISA section 4010 and PBGC’s 4010 

regulation specify that each controlled 

group member must provide PBGC with 

certain financial information, including 

audited (if available) or (if not) 

unaudited financial statements. They 

also specify that the controlled group 

must provide PBGC with certain 

actuarial information necessary to 

determine the liabilities and assets for 

all PBGC-covered plans. All non-public 

information submitted is protected from 

disclosure. Reporting is accomplished 

through PBGC’s secure e-4010 webbased application. 

OMB has approved the 4010 

collection of information under control 

number 1212–0049 through March 31, 

2012. PBGC is requesting that OMB 

extend approval of this collection of 

information for three years. An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. 

PBGC estimates that approximately 

300 controlled groups will be subject to 

4010 reporting requirements. PBGC 

further estimates that the total annual 

burden of this collection of information 

will be 2,620 hours and $5,088,000. 

PBGC is soliciting public comments 

to— 

• Evaluate whether the proposed 

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 

proposed collection of information, 

including the validity of the 

methodologies 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 through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology. 

Issued in Washington, DC, this 16th day of 

February, 2012. 

John H. Hanley, 

Director, Legislative and Regulatory 

Department, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2012–4215 Filed 2–22–12; 8:45 am] 

BILLING CODE 7709–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66407; File No. SR–Phlx– 

2012–21] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Relating to 

Correction of Exchange Rule 705 

(Fidelity Bonds) 

February 16, 2012. 

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

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 19b–4 2 thereunder, 

notice is hereby given that on February 

13, 2012, 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 

substantially 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 delete 

certain extraneous language from 

Exchange Rule 705 to amend an 

inadvertent error in the rule text that 

arose in connection with a recent rule 

filing which replaces the current text of 

Exchange Rule 705.3 The Exchange 

intends for this Rule to be operative on 

April 2, 2012. 

The text of the proposed rule change 

is available on the Exchange’s Web site 

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 correct the text of Exchange 

Rule 705, entitled ‘‘Members Must 

Carry,’’ by deleting certain text which 

was not deleted when the Exchange 

filed to replace Rule 705 4 with a rule in 

mstockstill on DSK4VPTVN1PROD with NOTICES

10788 Federal Register / Vol. 77, No. 36 / Thursday, February 23, 2012 / Notices 

5See FINRA Rule 4360 ‘‘Fidelity Bonds.’’ 

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

7 15 U.S.C. 78f(b)(5). 

8 15 U.S.C. 78s(b)(3)(A). 

9 17 CFR 240.19b–4(f)(1). 

10 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

substantially the same form as the 

Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’) Rule 4360.5

The Supplementary Material to 

Exchange Rule 705 is being replaced, 

along with the remainder of Rule 705, 

by a new Rule 705, as of April 2, 2012. 

The title of Exchange Rule 705 will also 

be changed from ‘‘Members Must Carry’’ 

to ‘‘Fidelity Bonds.’’ The Exchange 

intended to delete the current Rule 705 

in its entirety and rename the rule and 

add new text similar to that in FINRA 

Rule 4360. The Exchange inadvertently 

did not place the Supplementary 

Material section of the Rule in that filing 

to be deleted. The Exchange proposes to 

delete the current Supplementary 

Material to Exchange Rule 705 as of 

April 2, 2012, to correspond with the 

operative date of SR–Phlx–2012–13. 

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with Section 6(b) 

of the Act 6 in general, and furthers the 

objectives of Section 6(b)(5) of the Act 7

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, by 

correcting an error in the Exchange’s 

Rules in order that the Rule properly 

reflect the correct text. The Exchange’s 

proposal will correct the text of the Rule 

so that the new text will be properly 

reflected as of April 2, 2012. 

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 8 and Rule 19b–4(f)(1) 9 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 

self-regulatory organization, and 

therefore has become effective. 

The Exchange intends for Rule 705 to 

become operative on April 2, 2012. This 

operative delay will allow members or 

member organizations that are not 

exempt from the Rule to comply with 

the requirements set forth under the 

Rule. 

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 email to rulecomments@sec.gov. Please include File 

Number SR–Phlx–2012–21 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–2012–21. This file 

number should be included on the 

subject line if email 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 Web site 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–2012–21 and should 

be submitted on or before March 15, 

2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–4148 Filed 2–22–12; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66411; File No. SR–NYSE– 

2012–04] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Deleting NYSE 

Rule 319 and its Interpretation, Which 

Address Fidelity Bond Requirements, 

and Adopt New Rule Text That Is 

Substantially Similar to FINRA Rule 

4360 

February 16, 2012. 

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

Securities Exchange Act of 1934 (the 

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

notice is hereby given that on February 

3, 2012, New York Stock Exchange LLC 

(‘‘NYSE’’ or the ‘‘Exchange’’) filed with 

the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been prepared by the selfregulatory organization. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

mstockstill on DSK4VPTVN1PROD with NOTICES