[Federal Register Volume 72, Number 145 (Monday, July 30, 2007)]
[Notices]
[Page 41532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14628]


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SECURITIES AND EXCHANGE COMMISSION


Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange 
Commission, Office of Investor Education and Assistance, Washington, DC 
20549-0213.

Existing Collection; New OMB Control No.:
    Rule 607; SEC File No. 270-568; OMB Control No. 3235-xxxx.

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 
(the ``Commission'') is soliciting comments on the collection of 
information summarized below. The Commission plans to submit this 
collection of information to the Office of Management and Budget 
(``OMB'') for approval.
    Rule 607 under Regulation E (17 CFR 230.607) entitled, ``Sales 
material to be filed,'' requires sales material used in connection with 
securities offerings under Regulation E (17 CFR 230.601 to 610a) to be 
filed with the Commission at least five days (excluding weekends and 
holidays) prior to its use.\1\ Regulation E allows the exemption of 
securities issued by a small business investment company (``SBIC'') 
which is registered under the Investment Company Act of 1940 
(``Investment Company Act'') (15 U.S.C. 80a-1 et seq.) or a closed-end 
investment company that has elected to be regulated as a business 
development company (``BDC'') under the Investment Company Act from 
registration under the Securities Act of 1933 (``Securities Act'') (15 
U.S.C. 77a et seq.), so long as the aggregate offering price of all 
securities of the issuer that may be sold within a 12-month period does 
not exceed $5,000,000 and certain other conditions are met. Commission 
staff reviews sales material filed under rule 607 for materially 
misleading statements and omissions. The requirements of rule 607 are 
designed for investor protection.
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    \1\ Sales material includes advertisements, articles or other 
communications to be published in newspapers, magazines, or other 
periodicals; radio and television scripts; and letters, circulars or 
other written communications proposed to be sent given or otherwise 
communicated to more than ten persons.
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    Respondents to this collection of information include SBICs and 
BDCs making an offering of securities pursuant to Regulation E. Each 
respondent's reporting burden under rule 607 relates to the burden 
associated with filing its sales material electronically. The burden of 
filing electronically, however, is negligible and there have been no 
filings made under this rule, so this collection of information does 
not impose any burden on the industry. The estimate of average burden 
hours is made solely for purposes of the Paperwork Reduction Act and is 
not derived from a quantitative, comprehensive, or even representative 
survey or study of the burdens associated with Commission rules and 
forms.
    The requirements of this collection of information are mandatory. 
Responses will not be kept confidential. 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 are invited on: (a) Whether the proposed 
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 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 in writing within 60 
days of this publication.
    Please direct your written comments to R. Corey Booth, Director/
Chief Information Officer, Securities and Exchange Commission, C/O 
Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312 or send 
an e-mail to: [email protected].

    Dated: July 23, 2007.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-14628 Filed 7-27-07; 8:45 am]
BILLING CODE 8010-01-P