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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:
202306-3084-001
Status:
Historical Inactive
Previous ICR Reference No:
202211-3084-002
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:
07/07/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
06/29/2023
Terms of Clearance:
OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Resubmit when proposed rule is finalized.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
02/28/2026
36 Months From Approved
02/28/2026
Responses
7,109
0
7,109
Time Burden (Hours)
262,579
0
262,579
Cost Burden (Dollars)
0
0
0
Abstract:
The Federal Trade Commission (“FTC” or “Commission”) seeks OMB clearance for proposed revised information collection requirements under its Hart-Scott-Rodino Antitrust Improvements Act Rules (“HSR Rules”) and corresponding Premerger Notification and Report Form for Certain Mergers and Acquisitions (“Notification and Report Form” or “Form”). The proposed amendments are primarily changes to the information reported by entities for a proposed merger on the Notification and Report Form and do not affect the reportability of a proposed transaction. The proposed amendments would ensure that the FTC and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice (“the Agencies”) receive sufficient information with the Form to conduct a preliminary assessment within the initial waiting period (typically 30 days) to determine if the proposed transaction is likely to violate the antitrust laws. These amendments also incorporate changes required to implement the collection of information mandated by the Merger Filing Fee Modernization Act of 2022 contained within the Consolidated Appropriations Act, 2023 (Pub. L. 117-328, 136 Stat. 4459) to the HSR Act.
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:
PL: Pub.L. 117 - 328 136 Stat. 4459 Name of Law: Merger Filing Fee Modernization Act of 2022
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3084-AB46
Proposed rulemaking
88 FR 42178
06/29/2023
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 Form for Certain Mergers and Acquisitions
Non-index filing for a withdrawn transaction not employing the two-day resubmission process
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The proposed changes to the HSR Rules and Notification and Report Form are expected to increase the burden on the affected members of the public by 759,272 annual hours from the currently cleared amount of 262,579 annual hours. About 5% of that proposed increase can be attributed to statutory mandates, while 95% to changing regulations to help ensure that the Agencies have enough information to determine if a proposed merger is anti-competitive or not.
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:
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:
06/29/2023
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