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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3235-0467
ICR Reference No:
202301-3235-024
Status:
Active
Previous ICR Reference No:
201911-3235-012
Agency/Subagency:
SEC
Agency Tracking No:
TM-270-409
Title:
Rule 102, 17 CFR 242.102 (Activities by Issuers or Selling Securityholders During a Distribution)
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
06/09/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
04/06/2023
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
06/30/2026
36 Months From Approved
06/30/2023
Responses
1,361
0
955
Time Burden (Hours)
2,261
0
1,855
Cost Burden (Dollars)
0
0
0
Abstract:
Rule 102 restricts certain activities of issuers and their affiliated purchasers during a distribution period.
Authorizing Statute(s):
US Code:
15 USC 80a-23, 80a-29, 80a-37
Name of Law: Sections 23, 29, and 37 of the Investment Company Act of 1940
US Code:
15 USC 78o(g), 78q(a), 78q(b), 78q(h)
Name of Law: Sections 15(g), 17(a), 17(b), 17(h) of the Securities Exchange Act of 1934
US Code:
15 USC 78w(a), 78dd-1, 78mm
Name of Law: Sections 23(a), 30A, and 36 of the Securities Exchange Act of 1934
US Code:
15 USC 77g, 77q(a), 77s(a)
Name of Law: Sections 7, 17(a), and 19(a) of the Securities Act of 1933
US Code:
15 USC 78b, 78c, 78g(c)(2), 78i(a)
Name of Law: Sections 2, 3, 7(c)(2), 9(a) of the Securities Exchange Act of 1934
US Code:
15 USC 78j, 78k-1(c), 78l
Name of Law: Sections 10, 11A(c), 12 of the Securities Exchange Act of 1934
US Code:
15 USC 78m, 78n, 78o(b), 78o(c)
Name of Law: Sections 13, 14, 15(b), 15(c) of the Securities Exchange Act of 1934
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
88 FR 7486
02/03/2023
30-day Notice:
Federal Register Citation:
Citation Date:
88 FR 20586
04/06/2023
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Rule 102, 17 CFR 242.102 (Activities by Issuers or Selling Securityholders During a Distribution)
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
1,361
955
0
0
406
0
Annual Time Burden (Hours)
2,261
1,855
0
0
406
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The increase in estimated total burden hours from 1,855 to 2,261 is the result of an increase in the number of firm commitment offerings from 805 previously to 1,211 in 2021 (which, in turn, increased the total number of respondents from 955 previously to 1,361 in 2021).
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Roland Lindmayer 202 551-2250
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
04/06/2023
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