60 Day Notice

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Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices
Form No.

Annual
responses

Time
(minutes)

Burden
(hours)

G–45 ............................................................................................................................................

50

10

8

4. Title and purpose of information
collection: Repayment of Debt; OMB
3220–0169.
When the Railroad Retirement Board
(RRB) determines that an overpayment
of Railroad Retirement Act or Railroad
Unemployment Insurance Act benefits
has occurred, it initiates prompt action
to notify the annuitant of the
overpayment and to recover the money
owed the RRB. To effect payment of a
debt by credit card, the RRB utilizes
Form G–421F, Repayment by Credit
Card. The RRB’s procedures pertaining
to benefit overpayment determinations
and the recovery of such benefits are
prescribed in 20 CFR 255 and 340. One

form is completed by each respondent.
Completion is voluntary.
Previous Requests for Comments: The
RRB has already published the initial
60-day notice (84 FR 4225 on January
24, 2023) required by 44 U.S.C.
3506(c)(2). That request elicited no
comments.
Information Collection Request (ICR)
Title: Repayment of Debt.
OMB Control Number: 3220–0169.
Form(s) submitted: G–421F.
Type of request: Extension without
change of a currently approved
collection.
Affected public: Individuals or
Households.

Annual
responses

Form No.

Time
(minutes)

Burden
(hours)

Form G–421F (RRA) activity .......................................................................................................
Form G–421F (RUIA) activity ......................................................................................................

360
175

5
5

30
15

Total ......................................................................................................................................

535

........................

45

Additional Information or Comments:
Copies of the forms and supporting
documents can be obtained from
Kennisha Tucker at (312) 469–2591 or
Kennisha.Tucker@rrb.gov.
Comments regarding the information
collection should be addressed to Brian
Foster, Railroad Retirement Board, 844
North Rush Street, Chicago, Illinois
60611–1275 or Brian.Foster@rrb.gov and
to the OMB Desk Officer for the RRB,
Fax: 202–395–6974, Email address:
OIRA_Submission@omb.eop.gov.
Brian Foster,
Clearance Officer.
[FR Doc. 2023–06253 Filed 3–24–23; 8:45 am]
BILLING CODE 7905–01–P

SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–513, OMB Control No.
3235–0571]

Proposed Collection; Comment
Request; Extension: Rule 206(4)–6
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Abstract: When the RRB determines
that an overpayment of benefits under
the Railroad Retirement Act or Railroad
Unemployment Insurance Act has
occurred, it initiates action to notify the
claimant of the overpayment and to
recover the amount owed. The
collection obtains information needed to
allow for repayment by the claimant by
credit card, in addition to the customary
form of payment by check or money
order.
Changes proposed: The RRB proposes
no changes to Form G–421F.
The burden estimate for the ICR is as
follows:

Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) the Securities

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and Exchange Commission (the
‘‘Commission’’) is soliciting comments
on the collections of information
summarized below. The Commission
plans to submit these existing
collections of information to the Office
of Management and Budget (‘‘OMB’’) for
extension and approval.
The title for the collection of
information is ‘‘Rule 206(4)–6’’ under
the Investment Advisers Act of 1940 (15
U.S.C. 80b–1 et seq.) (‘‘Advisers Act’’)
and the collection has been approved
under OMB Control No. 3235–0571. The
Commission adopted rule 206(4)–6 (17
CFR 275.206(4)–6), the proxy voting
rule, to address an investment adviser’s
fiduciary obligation to clients who have
given the adviser authority to vote their
securities. Under the rule, an
investment adviser that exercises voting
authority over client securities is
required to: (i) adopt and implement
written policies and procedures that are
reasonably designed to ensure that the
adviser votes client securities in the best
interest of clients, including procedures
to address any material conflict that
may arise between the interests of the
adviser and the client; (ii) disclose to
clients how they may obtain
information from the adviser on how the
adviser has voted with respect to their
securities; and (iii) describe to clients
the adviser’s proxy voting policies and

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procedures and, on request, furnish a
copy of the policies and procedures to
the requesting client. The rule is
designed to assure that advisers that
vote proxies for their clients vote those
proxies in their clients’ best interest and
provide clients with information about
how their proxies were voted.
Rule 206(4)–6 contains ‘‘collection of
information’’ requirements within the
meaning of the Paperwork Reduction
Act. The respondents are investment
advisers registered with the Commission
that vote proxies with respect to clients’
securities. Advisory clients of these
investment advisers use the information
required by the rule to assess
investment advisers’ proxy voting
policies and procedures and to monitor
the advisers’ performance of their proxy
voting activities. The information
required by Adviser’s Act rule 204–2, a
recordkeeping rule, also is used by the
Commission staff in its examination and
oversight program. Without the
information collected under the rules,
advisory clients would not have
information they need to assess the
adviser’s services and monitor the
adviser’s handling of their accounts, and
the Commission would be less efficient
and effective in its programs.
The estimated number of investment
advisers subject to the collection of
information requirements under the rule

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Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices
is 14,003. It is estimated that each of
these advisers is required to spend on
average 10 hours annually documenting
its proxy voting procedures under the
requirements of the rule, for a total
burden of 140,030 hours. We further
estimate that on average, approximately
350 clients of each adviser would
request copies of the underlying policies
and procedures. We estimate that it
would take these advisers 0.1 hours per
client to deliver copies of the policies
and procedures, for a total burden of
491,050 hours. Accordingly, we
estimate that rule 206(4)–6 results in an
annual aggregate burden of collection
for SEC-registered investment advisers
of a total of 630,135 hours.
Written comments are invited on: (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
estimate of the burden of 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
by May 26, 2023.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
under the PRA unless it displays a
currently valid OMB control number.
Please direct your written comments
to: David Bottom, Acting Director/Chief
Information Officer, Securities and
Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington,
DC 20549 or send an email to: PRA_
Mailbox@sec.gov.
Dated: March 21, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023–06173 Filed 3–24–23; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–97176; File No. SR–
CboeBYX–2023–005]

Self-Regulatory Organizations; Cboe
BYX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Amend Its
Sponsored Participant Rules 11.3(a)
and 11.3(b)(2)
March 21, 2023.

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 March 9,
2023, Cboe BYX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BYX’’) filed with the
Securities and Exchange Commission
(the ‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Exchange filed the
proposal as a ‘‘non-controversial’’
proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act 3 and
Rule 19b–4(f)(6) 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
Cboe BYX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BYX’’) proposes to
amend Exchange Rule 11.3(a)–(b) to: (1)
define the term ‘‘Sponsored Access’’;
and (2) to codify that the agreement
required by and between the Sponsoring
Member and Sponsored Participant
must include a provision that any
Sponsored Access relationship must
follow the requirements of SEC Rule
15c3–5, the Market Access Rule
(‘‘MAR’’).5 The text of the proposed rule
change is provided in Exhibit 5.6
The text of the proposed rule change
is also available on the Exchange’s
website (http://markets.cboe.com/us/
equities/regulation/rule_filings/byx/), at
the Exchange’s Office of the Secretary,
and at the Commission’s Public
Reference Room.
1 15

U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
5 17 CFR 240.15c3–5—Risk management controls
for brokers or dealers with market access.
6 The Exchange proposes to implement the
proposed changes to Rule 11.3(a)–(b)(1)–(3) on a
date that will be announced via Cboe Trade Desk,
notifying both existing and prospective Sponsoring
Members and Sponsored Participants, of the new
rule language and required contractual provisions.

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18193

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 this filing is to amend
Exchange Rule 11.3(a)–(b) to: (1) define
the term ‘‘Sponsored Access’’; and (2) to
codify that the agreement required by
and between the Sponsoring Member
and Sponsored Participant must include
a provision that any Sponsored Access
relationship must follow the
requirements of the MAR.
Sponsored Access Definition
Per current Exchange rules a
‘‘Sponsored Participant’’ 7 may be a
Member 8 or non-Member of the
Exchange whose direct electronic access
to the Exchange is authorized by a
Sponsoring Member 9 pursuant to the
requirements set forth in Exchange Rule
11.3(b)(1)–(3), ‘‘Sponsored
Participants’’. The Exchange proposes to
amend Rule 11.3(a) to include the
following definition, ‘‘Sponsored Access
7 The term ‘‘Sponsored Participant’’ shall mean a
person which has entered into a sponsorship
arrangement with a Sponsoring Member pursuant to
Rule 11.3. See Exchange Rule 1.5(x), definition of
‘‘Sponsored Participant’’.
8 The term ‘‘Member’’ shall mean any registered
broker or dealer that has been admitted to
membership in the Exchange. A Member will have
the status of a ‘‘member’’ of the Exchange as that
term is defined in Section 3(a)(3) of the Act.
Membership may be granted to a sole proprietor,
partnership, corporation, limited liability company
or other organization which is a registered broker
or dealer pursuant to Section 15 of the Act, and
which has been approved by the Exchange. See
Exchange Rule 1.5(n), definition of ‘‘Member’’.
9 The term ‘‘Sponsoring Member’’ shall mean a
broker-dealer that has been issued a membership by
the Exchange who has been designated by a
Sponsored Participant to execute, clear and settle
transactions from the System. The Sponsoring
Member shall be either (i) a clearing firm with
membership in a clearing agency registered with the
Commission that maintains facilities through which
transactions may be cleared or (ii) a correspondent
firm with a clearing arrangement with any such
clearing firm. See Exchange Rule 1.5(y), definition
of ‘‘Sponsoring Member’’.

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