Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices 10971 

provisions under Section III.A, 

‘‘Deferred Plant,’’ of the Commission’s 

Policy Statement on Deferred Plants. 

When the results of its evaluation and 

inspection are satisfactory, the NRR 

Director may then authorize placement 

of the facility in a deferred plant status. 

Should TVA decide to reactivate 

construction, it shall comply with the 

provisions for notifying the NRR 

Director and shall provide the 

information described in the 

Commission’s Policy Statement on 

Deferred Plants. 

Dated at Rockville, Maryland, this 9th day 

of March 2009. 

For the Nuclear Regulatory Commission. 

Eric J. Leeds, 

Director, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E9–5437 Filed 3–12–09; 8:45 am] 

BILLING CODE 7590–01–P 

RAILROAD RETIREMENT BOARD 

Proposed Data Collection(s) Available 

for Public Comment and 

Recommendations 

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 collections are 

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 for 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. 

1. Title and purpose of information 

collection: Survivor Questionnaire; 

OMB 3220–0032. 

Under Section 6 of the Railroad 

Retirement Act (RRA), benefits that may 

be due on the death of a railroad 

employee or a survivor annuitant 

include (1) a lump-sum death benefit (2) 

a residual lump-sum payment (3) 

accrued annuities due but unpaid at 

death, and (4) monthly survivor 

insurance payments. The requirements 

for determining the entitlement of 

possible beneficiaries to these benefits 

are prescribed in 20 CFR part 234. 

When the RRB receives notification of 

the death of a railroad employee or 

survivor annuitant, an RRB field office 

utilizes Form RL–94–F, Survivor 

Questionnaire, to secure additional 

information from surviving relatives 

needed to determine if any further 

benefits are payable under the RRA. 

Completion is voluntary. One response 

is requested of each respondent. 

The RRB proposes minor non-burden 

impacting changes to Form RL–94–F. 

The completion time for the RL–94–F is 

estimated at between 5 to 11 minutes. 

The RRB estimates that approximately 

8,000 responses are received annually. 

2. Title and Purpose of Information 

Collection: Pension Plan Reports; OMB 

3220–0089. 

Under Section 2(b) of the Railroad 

Retirement Act (RRA), the Railroad 

Retirement Board (RRB) pays 

supplemental annuities to qualified RRB 

employee annuitants. A supplemental 

annuity, which is computed according 

to Section 3(e) of the RRA, can be paid 

at age 60 if the employee has at least 30 

years of creditable railroad service or at 

age 65 if the employee has 25–29 years 

of railroad service. In addition to 25 

years of service, a ‘‘current connection’’ 

with the railroad industry is required. 

Eligibility is further limited to 

employees who had at least one month 

of rail service before October 1981 and 

were awarded regular annuities after 

June 1966. Further, if an employee’s 

65th birthday was prior to September 2, 

1981, he or she must not have worked 

in rail service after certain closing dates 

(generally the last day of the month 

following the month in which age 65 is 

attained). Under Section 2(h)(2) of the 

RRA, the amount of the supplemental 

annuity is reduced if the employees 

receive monthly pension payments, or 

lump-sum pension payments, from their 

former railroad employer, which are 

based in whole or in part on 

contributions from that railroad 

employer. The employees’ own 

contributions to their pension accounts 

do not cause a reduction. An employer 

private pension is described in 20 CFR 

216.40–216.42. 

The RRB requires the following 

information from railroad employers to 

calculate supplemental annuities: (a) 

The current status of railroad employer 

pension plans and whether such 

employer pension plans cause 

reductions to the RRB supplemental 

annuity; (b) the amount of the employer 

private pension being paid to the 

employee; (c) whether or not the 

employer made contributions to the 

pension; (d) whether or not the 

employee was cashed out before 

attaining retirement age under the 

employer pension plan or received the 

pension in a lump-sum payment in lieu 

of monthly pension payments; and (e) 

whether the employer pension plan 

continues when the employer status 

under the RRA changes. The 

requirement that railroad employers 

furnish pension information to the RRB 

is contained in 20 CFR 209.2. 

The RRB currently utilizes Form(s) G– 

88p (Employer’s Supplemental Pension 

Report), G–88r (Request for Information 

About New or Revised Pension Plan), 

and G–88r.1 (Request for Additional 

Information about Employer Pension 

Plan in Case of Change of Employer 

Status or Termination of Pension Plan), 

to obtain the necessary information from 

railroad employers. One response is 

requested of each respondent. 

Completion is mandatory. 

The RRB proposes no changes to 

Form G–88p, G–88r or G–88r.1 

The estimated annual respondent 

burden is as follows: 

ESTIMATE OF ANNUAL RESPONDENT BURDEN

Form No.(s) Annual 

responses 

Time 

(min) 

Burden 

(hrs) 

G–88p .......................................................................................................................................... 750 8 100 

G–88r ........................................................................................................................................... 10 10 2 

G–88r.1 ........................................................................................................................................ 5 7 1 

Total ...................................................................................................................................... 765 ........................ 103 


sroberts on PROD1PC70 with NOTICES
10972 Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices 

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

2 17 CFR 19b–4. 

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

4 17 CFR 19b–4(f)(2). 

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

6 15 U.S.C. 78f(b)(4). 

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

8 17 CFR 240.19b–4(f)(2). 

Additional Information or Comments: 

To request more information or to 

obtain a copy of the information 

collection justification, forms, and/or 

supporting material, please call the RRB 

Clearance Officer at (312) 751–3363 or 

send an e-mail request to 

Charles.Mierzwa@RRB.GOV. Comments 

regarding the information collection 

should be addressed to Ronald J. 

Hodapp, Railroad Retirement Board, 844 

North Rush Street, Chicago, Illinois 

60611–2092 or send an e-mail to 

Ronald.Hodapp@RRB.GOV. Written 

comments should be received within 60 

days of this notice. 

Charles Mierzwa, 

Clearance Officer. 

[FR Doc. E9–5490 Filed 3–12–09; 8:45 am] 

BILLING CODE 7905–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59524; File No. SR–CBOE– 

2009–012] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated: Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Relating to Extension of 

the Dividend, Merger and Short Stock 

Interest Strategies Fee Cap Pilot 

Program Until March 1, 2010 

March 6, 2009. 

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 February 

26, 2009, Chicago Board Options 

Exchange, Incorporated (‘‘CBOE’’ or 

‘‘Exchange’’) 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 

by CBOE. The Exchange filed the 

proposal pursuant to Section 19(b)(3)(A) 

of the Act 3 and Rule 19b–4(f)(2) 

thereunder.4 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 

Chicago Board Options Exchange, 

Incorporated (‘‘CBOE’’ or ‘‘Exchange’’) 

proposes to amend its Fees Schedule to 

extend until March 1, 2010, the 

dividend, merger and short stock 

interest strategies fee cap program. The 

text of the proposed rule change is 

available on the Exchange’s Web site 

(http://www.cboe.org/legal), at the 

Exchange’s Office of the Secretary and 

at the Commission. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

CBOE 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. CBOE 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, Proposed Rule 

Change 

(a) Purpose 

The Exchange currently caps marketmaker, firm, and broker-dealer 

transaction fees associated with 

dividend, merger and short stock 

interest strategies, as described in 

Footnote 13 of the CBOE Fees Schedule 

(‘‘Strategy Fee Cap’’). The Strategy Fee 

Cap is in effect as a pilot program that 

is due to expire on March 1, 2009. 

The Exchange proposes to extend the 

Strategy Fee Cap pilot program until 

March 1, 2010. No other changes are 

proposed. The Exchange believes that 

extension of the Strategy Fee Cap pilot 

program would enable the Exchange to 

remain competitive for these types of 

strategies by keeping fees low. 

(b) Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with Section 

6(b) of the Securities Exchange Act of 

1934 (‘‘Act’’),5 in general, and furthers 

the objectives of Section 6(b)(4) 6 of the 

Act in particular, in that it is designed 

to provide for the equitable allocation of 

reasonable dues, fees, and other charges 

among CBOE members and other 

persons using its facilities. The 

Exchange believes the proposed 

extension of the Strategy Fee Cap pilot 

program would continue to benefit 

market participants who trade these 

strategies by lowering their fees. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

CBOE does not believe that the 

proposed rule change will impose any 

burden on competition that is not 

necessary or appropriate in furtherance 

of 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 solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 19(b)(3)(A) 

of the Act 7 and subparagraph (f)(2) of 

Rule 19b–4 8 thereunder. At any time 

within 60 days of the filing of the 

proposed rule change, the Commission 

may summarily abrogate 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. 

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–CBOE–2009–012 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. 

All submissions should refer to File 

Number SR–CBOE–2009–012. 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/ 


sroberts on PROD1PC70 with NOTICES