Submission for OMB Review; Comment Request, 70047-70048 [2010-28777]

Download as PDF Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 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. mstockstill on DSKH9S0YB1PROD with NOTICES 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 VerDate Mar<15>2010 19:33 Nov 15, 2010 Jkt 223001 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 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 70047 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 E:\FR\FM\16NON1.SGM 16NON1 mstockstill on DSKH9S0YB1PROD with NOTICES 70048 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 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 https:// 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, https:// 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 VerDate Mar<15>2010 19:33 Nov 15, 2010 Jkt 223001 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. 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. Frm 00136 Fmt 4703 [FR Doc. 2010–28924 Filed 11–12–10; 11:15 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting [FR Doc. 2010–28777 Filed 11–15–10; 8:45 am] PO 00000 November 10, 2010. Elizabeth M. Murphy, Secretary. Sfmt 4703 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 1 15 U.S.C.78s(b)(1). U.S.C. 78a. 3 17 CFR 240.19b–4. 2 15 E:\FR\FM\16NON1.SGM 16NON1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Notices]
[Pages 70047-70048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28777]


=======================================================================
-----------------------------------------------------------------------

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

[[Page 70048]]

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 
https://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, https://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 e-mail 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 
e-mail 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

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