[Federal Register Volume 59, Number 113 (Tuesday, June 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14317]
[[Page Unknown]]
[Federal Register: June 14, 1994]
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FEDERAL TRADE COMMISSION
Rules, Regulations, Statements and Interpretations Under the
Hart-Scott-Rodino Antitrust Improvements Act of 1976
AGENCY: Federal Trade Commission.
ACTION: Notice of application of OMB under the Paperwork Reduction Act
(44 U.S.C. 3501-3522) for clearance of information collection
requirements contained in proposed changes to the Antitrust
Improvements Act Notification and Report Form that implements the
notification requirement contained in the premerger notification rules
and Section 7A of the Clayton Act (``the Act'').
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SUMMARY: The FTC is seeking OMB clearance for information collection
requirements contained in proposed changes to the Antitrust
Improvements Act Notification and Report Form (``the Form''). Under the
Clayton Act and its associated rules, certain parties contemplating
acquisitions of a specified size must notify the FTC and the Assistant
Attorney General in charge of the Antitrust Division of the Department
of Justice and wait for 30 days (or, in the case of a cash tender
offer, 15 days) before consummating the transaction. The FTC has
established the Form as the means for accomplishing the notification
mandated by the Act. The Form provides the Commission and the Antitrust
Division (``the enforcement agencies'') with the information needed to
make a prompt, preliminary determination of the antitrust implications
of the reported transactions.
DATES: Comments on this application must be submitted on or before July
12, 1994.
ADDRESSES: Send comments to Office of Information and Regulatory
Affairs, Office of Management and Budget, New Executive Office
Building, room 3228, Washington, DC 20503, ATN: Desk Officer for the
Federal Trade Commission and to the Office of the General Counsel,
Federal Trade Commission, Washington, DC 20580. Copies of the
submission to OMB, including the application, may be obtained from the
Public Reference Section, room 130, Federal Trade Commission,
Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Victor Cohen, Office of Premerger
Notification, Federal Trade Commission, Washington, DC 20580 (202) 326-
2849.
SUPPLEMENTARY INFORMATION:
Estimate of Information Collection Burden
For the most part, the burden of completing the Form should remain
the same for the majority of respondents. The changes that require the
submission of more information will be offset by the changes that
require less information. The burden of reporting for a particular
respondent will vary depending on factors such as the extent of the
respondent's U.S. operations and whether the respondent has previously
filed. Thus, while in some instances, particular respondents may have
an increase or a decrease in reporting burden, overall, the reporting
requirements should remain unchanged. Much of the required information
is kept by filers in the ordinary course of business and burden for OMB
purposes is defined to exclude any effort that would be expended
regardless of any regulatory requirements. See 5 CFR 1320.7(b)(1).
Thus, as indicated in the application, no ``recordkeeping burden''
would be imposed by the proposed changes. Further, in a ``collection of
information'' such as this, the total burden figure fluctuates from
year to year according to the number of respondents, a number which is
controlled by the marketplace, not by the Commission. Thus, any
increase or decrease in burden hours from previous FTC estimates is a
function of the number of filers, and not a result of the proposed
changes to the Form.
Based on our experience with the program's requirements and
discussions with attorneys who prepare Forms for various clients, we
believe that the time needed to complete the Form varies from as little
as 8 hours to as much as 160 hours. On average, it appears to take
about 39 hours to complete the Form. In certain circumstances, only an
index or copies of filings made with a regulatory agency need be
submitted (in lieu of the Form). We estimate that reporting in such
cases usually requires about 2 hours.
In fiscal year 1993, 1,529 transactions were reported under the
premerger notification program, resulting in a total of 2,914 filings.
Of these transactions, 153 required only one party to file, because
they were regulated by other federal agencies. In those cases, an index
or copies of filings made to the regulatory agency were submitted in
place of the Form. Using the previous estimates of 39 hours for filings
that required a complete Form and 2 hours for filings that required
only an index or copies of materials, we estimate the total burden of
completing the Form during fiscal year 1993 to have been 107,985 hours
(2751 x 39 = 107,679) + (153 x 2 = 306). Accordingly, we propose a
current burden estimate of 107,985 hours.
Donald S. Clark,
Secretary.
[FR Doc. 94-14317 Filed 6-13-94; 8:45 am]
BILLING CODE 6750-01-M
