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View ICR - Agency Submission
COMMENT
Time Remaining
Days
HR
Min
Sec
OMB Control No:
3235-0617
ICR Reference No:
202606-3235-014
Status:
Received in OIRA
Previous ICR Reference No:
202312-3235-006
Agency/Subagency:
SEC
Agency Tracking No:
CF
Title:
Rule 433
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
Date Submitted to OIRA:
07/22/2026
Requested
Previously Approved
Expiration Date
36 Months From Approved
01/31/2027
Responses
26,077
20,179
Time Burden (Hours)
63,889
49,391
Cost Burden (Dollars)
9,910,303
7,668,800
Abstract:
Rule 433 (17 CFR 230.433) governs the use and filing of a free writing prospectus with respect to the securities of an issuer that are the subject of a registration statement that has been filed under the Securities Act of 1933. A free writing prospectus that satisfies the conditions pursuant to Rule 433 will be a prospectus under Section 10(b) of the Securities Act and will be deemed to be public without regard to its method of use or distribution. Rule 433 facilitates issuer communications during a registered offering of securities after a registration statement has been filed with the Commission.
Authorizing Statute(s):
US Code:
15 USC 77e, 77g, 77j, 77r
Name of Law: Securities Act of 1933
US Code:
15 USC 77s(a), 77z-3
Name of Law: Securities Act of 1933
US Code:
15 USC 78l, 78m, 78n, 78o, 78w(a)
Name of Law: Securities Exchange Act of 1934
US Code:
15 USC 78ll, 78mm
Name of Law: Securities Exchange Act of 1934
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3235-AN41
Proposed rulemaking
91 FR 31022
05/26/2026
Federal Register Notices & Comments
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 433
ICR Summary of Burden
Total Request
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
26,077
20,179
0
5,898
0
0
Annual Time Burden (Hours)
63,889
49,391
0
14,498
0
0
Annual Cost Burden (Dollars)
9,910,303
7,668,800
0
2,241,503
0
0
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 amendments are intended to facilitate capital formation in the public securities markets consistent with investor protection. The proposed amendments would, among other things, expand the number of issuers eligible to conduct shelf offerings on Form S-3, extend certain benefits currently reserved for WKSIs, modernize Form S-1 by expanding the ability to incorporate information by reference, preempt State securities law registration and qualification requirements for all registered offerings, and modernize certain forms and rules. For purposes of the PRA, the Commission estimates that, for Rule 433, the proposed amendments would result in a net increase of 5,898 responses, a net increase of 14,498 burden hours, and a net increase in the cost burden of $2,241,503.
Annual Cost to Federal Government:
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:
Isabel Rivera 202 551-3249
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:
07/22/2026
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