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:
3235-0465
ICR Reference No:
201102-3235-001
Status:
Historical Active
Previous ICR Reference No:
200803-3235-030
Agency/Subagency:
SEC
Agency Tracking No:
TM-270-411
Title:
Rule 104, 17 CFR 242.104 (Stabilizing and other activities in connection with an offering)
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:
05/26/2011
Retrieve Notice of Action (NOA)
Date Received in OIRA:
04/15/2011
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2014
36 Months From Approved
06/30/2011
Responses
745
0
795
Time Burden (Hours)
149
0
159
Cost Burden (Dollars)
0
0
8,944
Abstract:
Rule 104 requires that participants in a distribution collect the required information and provide the required notice regarding stabilizing, syndicate covering transactions, and penalty bids. The proposed amendments would require managing underwriters to identify or designate syndicate covering bids as such wherever communicated and would ban the use of penalty bids. The Commission does not receive this information and only examines it in the event of investigation. Investors, and the market in general, use this information in evaluating the price of the security in distribution.
Authorizing Statute(s):
US Code:
15 USC 77g,77q(a),77s(a),
Name of Law: Securities Act of 1933, Sections7, 17(a) and 19(a)
US Code:
15 USC 78o(b),78o(h),78q(a),78q(b),
Name of Law: Securities Exchange Act of 1934, Sections 15(c), 15(h), 17(a) and 17(b)
US Code:
15 USC 78k-1(c),78l,78m,78n,78o(b),
Name of Law: Securities Exchange Act of 1934, Sections 11A(c), 12,13,14 and 15(b),
US Code:
15 USC 78q(h),78w(a),78dd-1,78mm
Name of Law: Securities Exchange Act of 1934, Sections 17(h), 23(a), 30A and 36
US Code:
15 USC 80a-23,80a-29,80a-37
Name of Law: Investment Company Act of 1940, Sections 23, 29 and 37
US Code:
15 USC 78b,78c,78g(c)(2), 78i(a),78j,
Name of Law: Securities Exchange Act of 1934,Sections 2,3, 7(c)(2), 9(a) and 10,
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:
76 FR 7594
02/10/2011
30-day Notice:
Federal Register Citation:
Citation Date:
76 FR 21416
04/15/2011
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 104, 17 CFR 242.104 (Stabilizing and other activities in connection with an offering)
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
745
795
0
0
-50
0
Annual Time Burden (Hours)
149
159
0
0
-10
0
Annual Cost Burden (Dollars)
0
8,944
0
0
-8,944
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 decrease in burden hours reflects a change in the agency's estimate due to a decrease in the amount of firm commitment offerings in 2010 from the firm commitment offering calculation used in prior years. Note that there is no external cost related to this rule, and the prior OMB Approval of costs amounting to $8,944 actually reflected internal labor costs. In this current submission, this is being corrected and therefore approval is not being requested for any costs.
Annual Cost to Federal Government:
$0
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]?
No
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:
Joan Collopy 202 942-0772
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:
04/15/2011
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