Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Notices 4787 

Income Security Act of 1974 (ERISA) 

requires plan administrators and plan 

sponsors to report certain plan and 

employer events to PBGC. The reporting 

requirements give PBGC notice of events 

that indicate plan or employer financial 

problems. PBGC uses the information 

provided in determining what, if any, 

action it needs to take. For example, 

PBGC might need to institute 

proceedings to terminate a plan (placing 

it in trusteeship) under section 4042 of 

ERISA to ensure the continued payment 

of benefits to plan participants and their 

beneficiaries or to prevent unreasonable 

increases in its losses. 

The forms and instructions have been 

revised to remove information that is no 

longer applicable in light of changes 

made by the Pension Protection Act of 

2006 and to refer to interim guidance 

issued by PBGC. 

The collection of information under 

the regulation has been approved 

through February 28, 2009, by OMB 

under control number 1212–0013. PBGC 

is requesting that OMB extend approval 

of the collection (with modifications) for 

another 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 it will receive 

637 reportable events per year under 

this collection of information. PBGC 

further estimates that the average annual 

burden of this collection of information 

is 2,676 hours and $936,600. 

Issued in Washington, DC, this 21st day of 

January 2009. 

John H. Hanley, 

Director, Legislative and Regulatory 

Department, Pension Benefit Guaranty 

Corporation. 

[FR Doc. E9–1790 Filed 1–26–09; 8:45 am] 

BILLING CODE 7709–01–P 

RAILROAD RETIREMENT BOARD 

Agency Forms Submitted for OMB 

Review, Request for Comments 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the Railroad 

Retirement Board (RRB) is forwarding 

two (2) Information Collection Requests 

(ICR) to the Office of Information and 

Regulatory Affairs (OIRA), Office of 

Management and Budget (OMB). Our 

ICR describes the information we seek 

to collect from the public. Review and 

approval by OIRA ensures that we 

impose appropriate paperwork burdens. 

The RRB invites comments on the 

proposed collections of information to 

determine (1) The practical utility of the 

collections; (2) the accuracy of the 

estimated burden of the collections; (3) 

ways to enhance the quality, utility and 

clarity of the information that is the 

subject of collection; and (4) ways to 

minimize the burden of collections on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Comments to RRB or OIRA must contain 

the OMB control number of the ICR. For 

proper consideration of your comments, 

it is best if RRB and OIRA receive them 

within 30 days of publication date. 

1. Title and purpose of information 

collection: 

Request to Non-Railroad Employer for 

Information About Annuitant’s Work 

and Earnings; OMB 3220–0107. 

Under Section 2 of the Railroad 

Retirement Act (RRA), a railroad 

employee’s retirement annuity or an 

annuity paid to the spouse of a railroad 

employee is subject to work deductions 

in the Tier II component of the annuity 

and any employee supplemental 

annuity for any month in which the 

annuitant works for a Last PreRetirement Non-Railroad Employer 

(LPE). LPE is defined as the last person, 

company, or institution, other than a 

railroad employer, that employed an 

employee or spouse annuitant. In 

addition, the employee, spouse or 

divorced spouse Tier I annuity benefit is 

subject to work deductions under 

Section 2(F)(1) of the RRA for earnings 

from any non-railroad employer that are 

over the annual exempt amount. The 

regulations pertaining to non-payment 

of annuities by reason of work are 

contained in 20 CFR 230.1 and 230.2. 

The RRB utilizes Form RL–231–F, 

Request to Non-Railroad Employer for 

Information About Annuitant’s Work 

and Earnings, to obtain the information 

needed for determining if any work 

deductions should be applied because 

an annuitant worked in non-railroad 

employment after the annuity beginning 

date. One response is requested of each 

respondent. Completion is voluntary. 

Previous Requests for Comments: The 

RRB has already published the initial 

60-day notice (73 FR 68462 and 68463 

on November 18, 2008) required by 44 

U.S.C. 3506(c)(2). That request elicited 

no comments. 

Information Collection Request (ICR) 

Title: Request to Non-Railroad 

Employer for Information About 

Annuitant’s Work and Earnings. 

Form(s) submitted: RL–231–F. 

OMB Control Number: 3220–0107. 

Expiration date of current OMB 

clearance: 1/31/2009. 

Type of request: Extension without 

change of a currently approved 

collection. 

Affected Public: Business or other forprofit. 

Estimated annual number of 

respondents: 300. 

Total annual responses: 300. 

Total annual reporting hours: 150. 

Abstract: Under the Railroad 

Retirement Act (RRA), benefits are not 

payable if an annuitant works for an 

employer covered under the RRA or last 

non-railroad employer. The collection 

obtains information regarding an 

annuitant’s work and earnings from a 

non-railroad employer. The information 

will be used for determining whether 

benefits should be withheld. 

Changes Proposed: The RRB proposes 

no changes to Form RL–231–F. 

2. Title and Purpose of Information 

Collection 

Supplemental Information on 

Accident and Insurance; OMB 3220– 

0036. 

Under Section 12(o) of the Railroad 

Unemployment Insurance Act (RUIA), 

the Railroad Retirement Board is 

entitled to reimbursement of the 

sickness benefits paid to a railroad 

employee if the employee receives a 

sum or damages for the same infirmity 

for which the benefits are paid. Section 

2(f) of the RUIA requires employers to 

reimburse the RRB for days in which 

salary, wages, pay for time lost or other 

remuneration is later determined to be 

payable. Reimbursements under section 

2(f) generally result from the award of 

pay for time lost or the payment of 

guaranteed wages. The RUIA prescribes 

that the amount of benefits paid be 

deducted and held by the employer in 

a special fund for reimbursement to the 

RRB. 

The RRB currently utilizes Form(s) 

SI–1c, (Supplemental Information on 

Accident and Insurance), SI–5 (Report 

of Payments to Employee Claiming 

Sickness Benefits Under the RUIA), ID– 

3s (Request for Lien Information), ID– 

3s–1, (Lien Information Under Section 

12(o) of the RUIA), ID–3U (Request for 

Section 2(f) Information), ID–30k (Form 

Letter Asking Claimant for Additional 

Information on Injury or Illness), and 

ID–30k–1 (Request for Supplemental 

Information on Injury or Illness—3rd 

Party), to obtain the necessary 

information from claimants and railroad 

employers. Completion is required to 

obtain or retain benefits. 

Previous Requests for Comments: The 

RRB has already published the initial 

60-day notice (73 FR 68462 and 68463 

on November 18, 2008) required by 44 

U.S.C. 3506(c)(2). That request elicited 

no comments. 

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4788 Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Notices 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(6). 

Information Collection Request (ICR) 

Title: Supplemental Information on 

Accident and Insurance. 

Form(s) submitted: SI–1c, SI–5, ID– 

3s–1, ID–3U, ID–30k, ID–30k–1, ID–3s. 

OMB Control Number: 3220–0036. 

Expiration date of current OMB 

clearance: 1/31/2009. 

Type of request: Revision of a 

currently approved collection. 

Affected Public: Individuals or 

Households, Business or other for-profit. 

Estimated annual number of 

respondents: 10,000. 

Total annual responses: 28,500. 

Total annual reporting hours: 1,693. 

Abstract: The Railroad 

Unemployment Insurance Act provides 

for the recovery of sickness benefits 

paid if an employee receives a 

settlement for the same injury for which 

benefits were paid. The collection 

obtains information abut the person or 

company responsible for such payments 

that is needed to determine the amount 

of the RRB’s entitlement. 

Changes Proposed: The RRB proposes 

minor non-burden impacting changes to 

Forms SI–1c, ID–3s, ID–3s–1 and ID–3U. 

No other changes are proposed. 

Additional Information or Comments: 

Copies of the form and supporting 

documents can be obtained from 

Charles Mierzwa, the agency clearance 

officer at (312–751–3363) or 

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 

Ronald.Hodapp@rrb.gov and to the 

OMB Desk Officer for the RRB, at the 

Office of Management and Budget, 

Room 10230, New Executive Office 

Building, Washington, DC 20503. 

Charles Mierzwa, 

Clearance Officer. 

[FR Doc. E9–1649 Filed 1–26–09; 8:45 am] 

BILLING CODE 7905–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Collection; Comment 

Request 

Upon written request, copies available 

from: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: Form SE, OMB Control No. 3235– 

0327, SEC File No. 270–289. 

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 

on the collection of information 

summarized below. The Commission 

plans to submit this existing collection 

of information to the Office of 

Management and Budget for extension 

and approval. 

Form SE (17 CFR 239.64) is used by 

registrants to file paper copies of 

exhibits that would be difficult or 

impossible to submit electronically. The 

information contained in Form SE is 

used by the Commission to identify 

paper copies of exhibits. Form SE is 

filed by individuals, companies or other 

for-profit organizations that are required 

to file electronically. Approximately 782 

registrants file Form SE and it takes an 

estimated .10 hours per response for a 

total annual burden of 78 hours. 

Written comments are invited on: (a) 

Whether these proposed collections of 

information are 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 60 days of this 

publication. 

Please direct your written comments 

to Charles Boucher, Director/CIO, C/O 

Shirley Martinson, 6432 General Green 

Way, Alexandria, Virginia 22312; or 

send an e-mail to: 

PRA_Mailbox@sec.gov. 

Dated: January 14, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–1676 Filed 1–26–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59258; File No. SR–BATS– 

2009–001] 

Self-Regulatory Organizations; BATS 

Exchange, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend BATS Rule 

11.9, entitled ‘‘Orders and Modifiers’’ 

January 15, 2009. 

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

Securities Exchange Act of 1934 (the 

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

notice is hereby given that on January 

12, 2009, BATS Exchange, Inc. (‘‘BATS’’ 

or the ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the Exchange. The Exchange has 

designated this proposal as a ‘‘noncontroversial’’ proposed rule change 

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

Act 3 and Rule 19b–4(f)(6)(iii) 

thereunder,4 which renders it effective 

upon filing with the Commission. 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 is proposing to amend 

BATS Rule 11.9, entitled ‘‘Orders and 

Modifiers,’’ to provide Exchange system 

functionality that will cancel any 

portion of a market order submitted to 

the Exchange (a ‘‘BATS market order’’) 

that would execute at a price that is 

more than 50 cents or 5 percent worse 

than the NBBO at the time the order 

initially reaches the Exchange (the 

‘‘Initial NBBO’’), whichever is greater. 

The text of the proposed rule change 

is available at the Exchange’s Web site 

at http://www.batstrading.com, 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 parts 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 protect market participants 

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