[Federal Register Volume 70, Number 116 (Friday, June 17, 2005)]
[Notices]
[Pages 35319-35320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3125]


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SECURITIES AND EXCHANGE COMMISSION


Submission for OMB Review; Comment Request

Upon Written Request, Copies Available from: Securities and Exchange 
Commission, Office of Filings and Information Services, Washington, DC 
20549.

Extension: Rule 15g-2; SEC File No. 270-381; OMB Control No. 3235-
0434.

    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'') has submitted to the Office of Management and Budget a 
request for extension of the previously approved collection of 
information discussed below.
    The ``Penny Stock Disclosure Rules'' (Rule 15g-2, 17 CFR 240.15g-2) 
require broker-dealers to provide their customers with a risk 
disclosure document, as set forth in Schedule 15G, prior to their first 
non-exempt transaction in a ``penny stock''. As amended, the rule 
requires broker-dealers to obtain written acknowledgement from the 
customer that he or she has received the required risk disclosure 
document. The amended rule also requires broker-dealers to maintain a 
copy of the customer's written acknowledgement for at least three years 
following the date on which the risk disclosure document was provided 
to the customer, the first two years in an accessible place.
    The risk disclosure documents are for the benefit of the customers, 
to assure that they are aware of the risks of trading in ``penny 
stocks'' before they enter into a transaction. The risk

[[Page 35320]]

disclosure documents are maintained by the broker-dealers and may be 
reviewed during the course of an examination by the Commission. The 
Commission estimates that there are approximately 270 broker-dealers 
subject to Rule 15g-2, and that each one of these firms will process an 
average of three new customers for ``penny stocks'' per week. Thus each 
respondent will process approximately 156 risk disclosure documents per 
year. The staff calculates that (a) the copying and mailing of the risk 
disclosure document should take no more than two minutes per customer, 
and (b) each customer should take no more than eight minutes to review, 
sign, and return the risk disclosure document. Thus, the total ongoing 
respondent burden is approximately 10 minutes per response, or an 
aggregate total of 1,560 minutes per respondent. Since there are 270 
respondents, the annual burden is 421,200 minutes (1,560 minutes per 
each of the 270 respondents), or 7,020 hours. In addition, broker-
dealers will incur a recordkeeping burden of approximately two minutes 
per response. Thus each respondent will incur a recordkeeping burden of 
312 (156 x 2) minutes per year, and respondents as a group will incur 
an aggregate annual recordkeeping burden of 1,404 hours (270 x 312 / 
60). Accordingly, the aggregate annual hour burden associated with Rule 
15g-2 is 8,424 hours (7,020 + 1,404).
    The Commission does not maintain the risk disclosure document. 
Instead, it must be retained by the broker-dealer for at least three 
years following the date on which the risk disclosure document was 
provided to the customer, the first two years in an accessible place. 
The collection of information required by the rule is mandatory. The 
risk disclosure document is otherwise governed by the internal policies 
of the broker-dealer regarding confidentiality, etc.
    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 control number.
    Written comments regarding the above information should be directed 
to the following persons: (i) Desk Officer for the Securities and 
Exchange Commission, Office of Information and Regulatory Affairs, 
Office of Management and Budget, Room 10202, New Executive Office 
Building, Washington, DC 20503 or send an email to: [email protected]; and (ii) R. Corey Booth, Director/CIO, Office of 
Information Technology, Securities and Exchange Commission, 450 Fifth 
Street, NW., Washington, DC 20549. Comments must be submitted to OMB 
within 30 days of this notice.

    Dated: June 7, 2005.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E5-3125 Filed 6-16-05; 8:45 am]
BILLING CODE 8010-01-P