View Information Collection Request (ICR) Package
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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:
3084-0005
ICR Reference No:
201008-3084-001
Status:
Historical Inactive
Previous ICR Reference No:
201006-3084-004
Agency/Subagency:
FTC
Agency Tracking No:
Title:
Hart-Scott-Rodino (Premerger notification) Rules and Report Form
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule and continue
Conclusion Date:
11/08/2010
Retrieve Notice of Action (NOA)
Date Received in OIRA:
09/23/2010
Terms of Clearance:
The FTC should consider comments received regarding the information collection instruments and provide a response and any necessary adjustments in its next submission to OMB.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
06/30/2013
36 Months From Approved
06/30/2013
Responses
883
0
883
Time Burden (Hours)
33,298
0
33,298
Cost Burden (Dollars)
0
0
0
Abstract:
The Federal Trade Commission (Commission or FTC) is proposing amendments to the Hart-Scott-Rodino Premerger Notification Rules, the Premerger Notification and Report Form ("Form"), and associated Instructions in order to streamline the Form and capture new information that will help the FTC and the Antitrust Division of the Department of Justice conduct their initial review of a proposed transactions competitive impact.
Authorizing Statute(s):
US Code:
15 USC 18a
Name of Law: Clayton Act
PL:
Pub.L. 94 - 435 90 Stat. 1390
Name of Law: Hart-Scott-Rodino Antitrust Improvements Act of 1976
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3084-AA91
Proposed rulemaking
75 FR 57110
09/17/2010
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
3
IC Title
Form No.
Form Name
Index Filings
Non-index Filings
C4
Notification and Report Form for Certain Mergers and Acquisitions (DRAFT)
Non-index Filings Requiring More Precise Valuation
Non-index filings incorporating Item 4(a) and Item 4(b) documents by reference to an Internet link
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
Yes
Burden Reduction Due to:
Changing Forms
Short Statement:
FTC staff canvassed eight practitioners from the private bar to estimate the projected change in burden due to the proposed amendments to the Form. All are considered HSR experts and have extensive experience with preparing HSR filings for the types of transactions that are most likely to be affected by the proposed changes. Many of the proposed changes would significantly reduce burden for all filers. Others would increase burden, particularly for acquiring persons that are private equity funds and master limited partnerships. The consensus of those canvassed was that, on average, burden for collecting and reporting would decrease approximately five percent.
Annual Cost to Federal Government:
$3,397,913
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
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]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Robert Jones 202 326-3100 RJones@ftc.gov
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:
09/23/2010
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