Agency Information Collection Activities; Proposed Collection; Comment Request, 53484-53486 [2016-19230]
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53484
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
DATE AND TIME:
Tuesday, August 16,
2016 at 10:00 a.m.
FEDERAL ELECTION COMMISSION
quarterly filings. (See chart below for
the closing date for each report).
999 E Street NW., Washington,
DC (Ninth Floor).
[Notice 2016–08]
Unauthorized Committees (PACs and
Party Committees)
PLACE:
Filing Dates for the Hawaii Special
STATUS: This meeting will be open to the Election in the 1st Congressional
public.
District
ITEMS TO BE DISCUSSED:
AGENCY: Federal Election Commission.
Correction and Approval of Minutes for
ACTION: Notice of filing dates for special
June 30, 2016
election.
Draft Advisory Opinion 2016–08:
eBundler.com, LLC
SUMMARY: Hawaii has scheduled a
special general election on November 8,
REG 2013–01: Draft Notice of Proposed
2016, to fill the U.S. House of
Rulemaking on Technological
Representatives seat in the 1st
Modernization
Congressional District of the late
REG 2014–10: Implementing the
Consolidated and Further Continuing Representative Mark Takai.
Committees required to file reports in
Appropriations Act, 2015
connection with the Special General
REG 2016–03: Political Party Rules
Election on November 8, 2016, shall file
Proposal to Rescind Advisory Opinion
a 12-day Pre-General Report, and a 302006–15 (TransCanada)
day Post-General Report.
Management and Administrative
FOR FURTHER INFORMATION CONTACT: Ms.
Matters
Elizabeth S. Kurland, Information
Individuals who plan to attend and
Division, 999 E Street NW., Washington,
require special assistance, such as sign
DC 20463; Telephone: (202) 694–1100;
language interpretation or other
Toll Free (800) 424–9530.
reasonable accommodations, should
SUPPLEMENTARY INFORMATION:
contact Shawn Woodhead Werth,
Principal Campaign Committees
Secretary and Clerk, at (202) 694–1040,
at least 72 hours prior to the meeting
All principal campaign committees of
date.
candidates who participate in the
Hawaii Special General Election shall
PERSON TO CONTACT FOR INFORMATION:
Judith Ingram, Press Officer, Telephone: file a 12-day Pre-General Report on
October 27, 2016; and a Post-General
(202) 694–1220.
Report on December 8, 2016. (See chart
Shawn Woodhead Werth,
below for the closing date for each
Secretary and Clerk of the Commission.
report.)
[FR Doc. 2016–19305 Filed 8–10–16; 11:15 am]
Note that these reports are in addition
to the campaign committee’s regular
BILLING CODE 6715–01–P
Political committees filing on a
quarterly basis in 2016 are subject to
special election reporting if they make
previously undisclosed contributions or
expenditures in connection with the
Hawaii Special General Election by the
close of books for the applicable
report(s). (See chart below for the
closing date for each report.)
Committees filing monthly that make
contributions or expenditures in
connection with the Hawaii Special
General Election will continue to file
according to the monthly reporting
schedule.
Additional disclosure information in
connection with the Hawaii Special
General Election may be found on the
FEC Web site at https://www.fec.gov/
info/report_dates.shtml.
Disclosure of Lobbyist Bundling
Activity
Principal campaign committees, party
committees and Leadership PACs that
are otherwise required to file reports in
connection with the special general
election must simultaneously file FEC
Form 3L if they receive two or more
bundled contributions from lobbyists/
registrants or lobbyist/registrant PACs
that aggregate in excess of the $17,600
during the special election reporting
periods. (See chart below for closing
date of each period.) 11 CFR
104.22(a)(5)(v), (b).
CALENDAR OF REPORTING DATES FOR HAWAII SPECIAL GENERAL ELECTION COMMITTEES INVOLVED IN THE SPECIAL
GENERAL ELECTION (11/08/16) MUST FILE
Close of books 1
Report
Pre-General ...............................................................................................................
Post-General ..............................................................................................................
Year-End ....................................................................................................................
Reg./Cert. &
overnight mailing
deadline
10/19/16
11/28/16
12/31/16
10/24/16
12/08/16
01/31/17
Filing deadline
10/27/16
12/08/16
01/31/17
1 The reporting period always begins the day after the closing date of the last report filed. If the committee is new and has not previously filed
a report, the first report must cover all activity that occurred before the committee registered as a political committee up through the close of
books for the first report due.
On behalf of the Commission,
Matthew S. Petersen,
Chairman, Federal Election Commission.
mstockstill on DSK3G9T082PROD with NOTICES
[FR Doc. 2016–19205 Filed 8–11–16; 8:45 am]
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request
BILLING CODE 6715–01–P
Federal Trade Commission
(‘‘Commission’’ or ‘‘FTC’’).
ACTION: Notice.
AGENCY:
The information collection
requirements described below will be
submitted to the Office of Management
SUMMARY:
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18:42 Aug 11, 2016
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and Budget (‘‘OMB’’) for review, as
required by the Paperwork Reduction
Act (‘‘PRA’’). The FTC is seeking public
comments on its proposal to extend for
an additional three years the current
PRA clearance for information
collection requirements in its Antitrust
Improvements Act Rules (‘‘HSR Rules’’)
and corresponding Notification and
Report Form for Certain Mergers and
Acquisitions (‘‘Notification and Report
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12AUN1
mstockstill on DSK3G9T082PROD with NOTICES
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
Form’’). That clearance expires on
December 31, 2016.
DATES: Comments must be filed by
October 11, 2016.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘HSR PRA Clearance
Extension, P169300’’ on your comment
and file your comment online at https://
ftcpublic.commentworks.com/ftc/
hsrrulespra, by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, mail your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW., Suite
CC–5610 (Annex J), Washington, DC
20580, or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW.,
5th Floor, Suite 5610 (Annex J),
Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Robert L. Jones, Assistant Director,
Premerger Notification Office, Bureau of
Competition, Federal Trade
Commission, Room CC–5301, 600
Pennsylvania Ave. NW., Washington,
DC 20580, or by telephone to (202) 326–
2740.
SUPPLEMENTARY INFORMATION: Under the
PRA, 44 U.S.C. 3501–3521, federal
agencies must obtain approval from
OMB for each collection of information
they conduct or sponsor. ‘‘Collection of
information’’ means agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. 44 U.S.C.
3502(3); 5 CFR 1320.3(c). As required by
section 3506(c)(2)(A) of the PRA, the
FTC is providing this opportunity for
public comment before requesting that
OMB extend the existing PRA clearance
for the HSR Rules and Notification and
Report Form, 16 CFR part 801—803
(OMB Control Number 3084–0005).
Pursuant to Section 3506(c)(2)(A), the
FTC invites comments on: (1) Whether
the disclosure requirements are
necessary, including whether the
information will be practically useful;
(2) the accuracy of our burden estimates,
including whether the methodology and
assumptions used are valid; (3) how to
improve the quality, utility, and clarity
of the disclosure requirements; and (4)
how to minimize the burden of
providing the required information to
consumers.
Background Information: Section 7A
of the Clayton Act (‘‘Act’’), 15 U.S.C.
18a, as amended by the Hart-Scott-
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18:42 Aug 11, 2016
Jkt 238001
Rodino Antitrust Improvements Act of
1976, Public Law 94–435, 90 Stat. 1390,
requires all persons contemplating
certain mergers or acquisitions to file
notification with the Commission and
the Assistant Attorney General and to
wait a designated period of time before
consummating such transactions.
Congress empowered the Commission,
with the concurrence of the Assistant
Attorney General, to require ‘‘that the
notification . . . be in such form and
contain such documentary material and
information . . . as is necessary and
appropriate’’ to enable the agencies ‘‘to
determine whether such acquisitions
may, if consummated, violate the
antitrust laws.’’ 15 U.S.C. 18a(d).
Congress similarly granted rulemaking
authority to, inter alia, ‘‘prescribe such
other rules as may be necessary and
appropriate to carry out the purposes of
this section.’’ Id.
Pursuant to that section, the
Commission, with the concurrence of
the Assistant Attorney General,
developed the HSR Rules and the
corresponding Notification and Report
Form. The following discussion
presents the FTC’s PRA burden analysis
regarding completion of the Notification
and Report Form.
Burden Statement: The following
burden estimates are primarily based on
FTC data concerning the number of HSR
filings and staff’s informal consultations
with leading HSR counsel.
Estimated Total Annual Hours
In fiscal year 2015, there were 3,585
non-index filings and just one index
filing.1 Based on an average annual
increase of 27% in fiscal years 2013—
2015, FTC staff projects a total of 4,553
non-index filings in fiscal year 2016.
With index filings not having
demonstrated a singular direction over
the same span, however, staff instead
bases its estimate on a rough average of
the number of such filings over that
same interval (fiscal years 2013—2015)
to project a total of 10 index filings for
fiscal year 2016.2 Retaining prior
1 ‘‘Index’’ filings pertain to banking transactions,
and thus would not be affected by the amendments.
Index filings are incorporated, however, into the
FTC’s currently cleared burden estimates (the FTC
has jurisdiction over the administration of index
filings). They are mentioned here to distinguish
them from and to further explain a ‘‘non-index’’
filing. Clayton Act Sections 7A(c)(6) and (c)(8)
exempt from the requirements of the premerger
notification program certain transactions that are
subject to the approval of other agencies, but only
if copies of the information submitted to these other
agencies are also submitted to the Agencies. Thus,
parties must submit copies of these ‘‘index’’ filings,
but completing the task requires significantly less
time than non-exempt transactions (which require
‘‘non-index’’ filings).
2 Based on the current rate of such filings this
year, as well as the actual number of such filings,
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53485
assumptions, FTC staff estimates that
non-index filings require, on average,
approximately 37 hours per filing and
that index filings require an average of
2 hours per filing.
Calculating the burden for autowithdrawal of filings pursuant to
§ 803.12(b) of the HSR Rules requires an
analysis of two potential scenarios. In
one scenario, a filing is automatically
withdrawn and the acquiring person
utilizes the two-day resubmission
process under § 803.12(c). In that case,
no additional transaction is generated as
the acquiring person simply restarts the
waiting period on the same transaction.
In the second scenario, the parties to a
terminated transaction for which the
filing is automatically withdrawn do not
utilize the two-day resubmission
process under § 803.12(c) but later
decide to move forward with the
transaction. In that case, a new filing is
required. Both of these scenarios are
rare, as it is very unlikely that a
transaction for which the HSR filing is
automatically withdrawn during the
merger review process (due to the
parties’ SEC filing indicating that the
transaction has been terminated) would
be subsequently restarted. Based on
experience to date, this would occur
approximately once every fifteen years,
i.e., a historical frequency of .067
transactions per year. FTC staff believes
that this new filing would require the
same work and diligence as any new
non-index filing. Assuming, then, an
average of 37 hours for one transaction,
when applied to a historical frequency
of .067, this amounts to an annual
average of 3 hours, rounded up, for a
withdrawn transaction later restarted.
Thus, the total estimated hours
burden before adjustments is 168,484
hours [(4,553 non-index filings × 37
hours/each) + (10 index filings × 2
hours/each) + (1 withdrawn transaction
later restarted × 3 hours))].
Estimated Total Annual Labor Cost
Using the burden hours (168,484)
estimated above and applying an
estimated average of $460/hour for
executive and/or attorney
compensation, staff estimates that the
total labor cost associated with the HSR
Rules and the Notification and Report
Form is approximately $77,502,640.
Estimated Total Annual Non-Labor Cost
The applicable requirements impose
minimal start-up costs, as businesses
subject to the HSR Rules generally have
or obtain necessary equipment for other
respectively, in fiscal years 2014 and 2015, the
above estimate likely well exceeds the eventual
actual results for fiscal year 2016.
E:\FR\FM\12AUN1.SGM
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mstockstill on DSK3G9T082PROD with NOTICES
53486
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
business purposes. Staff believes that
the above requirements necessitate
ongoing, regular training so that covered
entities stay current and have a clear
understanding of federal mandates, but
that this would be a small portion of
and subsumed within the ordinary
training that employees receive apart
from that associated with the
information collected under the HSR
Rules and the corresponding
Notification and Report Form.
Request for Comment: Pursuant to
Section 3506(c)(2)(A), the FTC invites
comments on: (1) Whether the
disclosure requirements are necessary,
including whether the information will
be practically useful; (2) the accuracy of
our burden estimates, including
whether the methodology and
assumptions used are valid; (3) how to
improve the quality, utility, and clarity
of the disclosure requirements; and (4)
how to minimize the burden of
providing the required information to
consumers.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before October 11, 2016. Write ‘‘HSR
PRA Clearance Extension, P169300’’ on
your comment. Your comment—
including your name and your state—
will be placed on the public record of
this proceeding, including to the extent
practicable, on the public Commission
Web site, at https://www.ftc.gov/os/
publiccomments.shtm. As a matter of
discretion, the Commission tries to
remove individuals’ home contact
information from comments before
placing them on the Commission Web
site.
Because your comment will be made
public, you are solely responsible for
making sure that your comment does
not include any sensitive personal
information, like anyone’s Social
Security number, date of birth, driver’s
license number or other state
identification number or foreign country
equivalent, passport number, financial
account number, or credit or debit card
number. You are also solely responsible
for making sure that your comment does
not include any sensitive health
information, like medical records or
other individually identifiable health
information. In addition, do not include
any ‘‘[t]rade secret or any commercial or
financial information which is . . .
privileged or confidential’’ as provided
in Section 6(f) of the FTC Act 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). In particular, do not include
competitively sensitive information
such as costs, sales statistics,
inventories, formulas, patterns devices,
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18:42 Aug 11, 2016
Jkt 238001
manufacturing processes, or customer
names.
If you want the Commission to give
your comment confidential treatment,
you must file it in paper form, with a
request for confidential treatment, and
you have to follow the procedure
explained in FTC Rule 4.9(c).3 Your
comment will be kept confidential only
if the FTC General Counsel grants your
request in accordance with the law and
the public interest.
Postal mail addressed to the
Commission is subject to delay due to
heightened security screening. As a
result, we encourage you to submit your
comments online. To make sure that the
Commission considers your online
comment, you must file it at your
comment and file your comment online
at https://ftcpublic.commentworks.com/
ftc/hsrrulespra by following the
instructions on the web-based form.
When this Notice appears at https://
www.regulations.gov/#!home, you also
may file a comment through that Web
site.
If you file your comment on paper,
write ‘‘HSR PRA Clearance Extension,
P169300’’ on your comment and on the
envelope, mail your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW., Suite
CC–5610 (Annex J), Washington, DC
20580, or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW.,
5th Floor, Suite 5610 (Annex J),
Washington, DC 20024. If possible,
submit your paper comment to the
Commission by courier or overnight
service.
The FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before October 11, 2016. For
information on the Commission’s
privacy policy, including routine uses
permitted by the Privacy Act, see https://
www.ftc.gov/ftc/privacy.htm.
David C. Shonka,
Acting General Counsel.
[FR Doc. 2016–19230 Filed 8–11–16; 8:45 am]
BILLING CODE 6750–01–P
3 In particular, the written request for confidential
treatment that accompanies the comment must
include the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record. See
FTC Rule 4.9(c), 16 CFR 4.9(c).
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2011–D–0376]
Dietary Supplements: New Dietary
Ingredient Notifications and Related
Issues; Revised Draft Guidance for
Industry; Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice of availability.
The Food and Drug
Administration (FDA or we) is
announcing the issuance of a revised
draft guidance for industry entitled
‘‘Dietary Supplements: New Dietary
Ingredient Notifications and Related
Issues.’’ The revised draft guidance
supersedes FDA’s July 2011 draft
guidance on the same topic. The revised
draft guidance, when finalized, will
help industry in evaluating whether to
submit a premarket safety notification
for a new dietary ingredient (NDI), or for
a dietary supplement containing an NDI,
and in preparing such premarket safety
notifications (also referred to as NDI
notifications).
SUMMARY:
Although you may comment on
any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that FDA
considers your comment on the draft
guidance before we begin work on the
final version of the guidance, submit
either electronic or written comments
on the draft guidance by October 11,
2016.
DATES:
ADDRESSES:
You may submit comments
as follows:
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
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Agencies
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53484-53486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19230]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request
AGENCY: Federal Trade Commission (``Commission'' or ``FTC'').
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The information collection requirements described below will
be submitted to the Office of Management and Budget (``OMB'') for
review, as required by the Paperwork Reduction Act (``PRA''). The FTC
is seeking public comments on its proposal to extend for an additional
three years the current PRA clearance for information collection
requirements in its Antitrust Improvements Act Rules (``HSR Rules'')
and corresponding Notification and Report Form for Certain Mergers and
Acquisitions (``Notification and Report
[[Page 53485]]
Form''). That clearance expires on December 31, 2016.
DATES: Comments must be filed by October 11, 2016.
ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``HSR PRA Clearance
Extension, P169300'' on your comment and file your comment online at
https://ftcpublic.commentworks.com/ftc/hsrrulespra, by following the
instructions on the web-based form. If you prefer to file your comment
on paper, mail your comment to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite
CC-5610 (Annex J), Washington, DC 20580, or deliver your comment to the
following address: Federal Trade Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex
J), Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT: Robert L. Jones, Assistant Director,
Premerger Notification Office, Bureau of Competition, Federal Trade
Commission, Room CC-5301, 600 Pennsylvania Ave. NW., Washington, DC
20580, or by telephone to (202) 326-2740.
SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501-3521, federal
agencies must obtain approval from OMB for each collection of
information they conduct or sponsor. ``Collection of information''
means agency requests or requirements that members of the public submit
reports, keep records, or provide information to a third party. 44
U.S.C. 3502(3); 5 CFR 1320.3(c). As required by section 3506(c)(2)(A)
of the PRA, the FTC is providing this opportunity for public comment
before requesting that OMB extend the existing PRA clearance for the
HSR Rules and Notification and Report Form, 16 CFR part 801--803 (OMB
Control Number 3084-0005).
Pursuant to Section 3506(c)(2)(A), the FTC invites comments on: (1)
Whether the disclosure requirements are necessary, including whether
the information will be practically useful; (2) the accuracy of our
burden estimates, including whether the methodology and assumptions
used are valid; (3) how to improve the quality, utility, and clarity of
the disclosure requirements; and (4) how to minimize the burden of
providing the required information to consumers.
Background Information: Section 7A of the Clayton Act (``Act''), 15
U.S.C. 18a, as amended by the Hart-Scott-Rodino Antitrust Improvements
Act of 1976, Public Law 94-435, 90 Stat. 1390, requires all persons
contemplating certain mergers or acquisitions to file notification with
the Commission and the Assistant Attorney General and to wait a
designated period of time before consummating such transactions.
Congress empowered the Commission, with the concurrence of the
Assistant Attorney General, to require ``that the notification . . . be
in such form and contain such documentary material and information . .
. as is necessary and appropriate'' to enable the agencies ``to
determine whether such acquisitions may, if consummated, violate the
antitrust laws.'' 15 U.S.C. 18a(d). Congress similarly granted
rulemaking authority to, inter alia, ``prescribe such other rules as
may be necessary and appropriate to carry out the purposes of this
section.'' Id.
Pursuant to that section, the Commission, with the concurrence of
the Assistant Attorney General, developed the HSR Rules and the
corresponding Notification and Report Form. The following discussion
presents the FTC's PRA burden analysis regarding completion of the
Notification and Report Form.
Burden Statement: The following burden estimates are primarily
based on FTC data concerning the number of HSR filings and staff's
informal consultations with leading HSR counsel.
Estimated Total Annual Hours
In fiscal year 2015, there were 3,585 non-index filings and just
one index filing.\1\ Based on an average annual increase of 27% in
fiscal years 2013--2015, FTC staff projects a total of 4,553 non-index
filings in fiscal year 2016. With index filings not having demonstrated
a singular direction over the same span, however, staff instead bases
its estimate on a rough average of the number of such filings over that
same interval (fiscal years 2013--2015) to project a total of 10 index
filings for fiscal year 2016.\2\ Retaining prior assumptions, FTC staff
estimates that non-index filings require, on average, approximately 37
hours per filing and that index filings require an average of 2 hours
per filing.
---------------------------------------------------------------------------
\1\ ``Index'' filings pertain to banking transactions, and thus
would not be affected by the amendments. Index filings are
incorporated, however, into the FTC's currently cleared burden
estimates (the FTC has jurisdiction over the administration of index
filings). They are mentioned here to distinguish them from and to
further explain a ``non-index'' filing. Clayton Act Sections
7A(c)(6) and (c)(8) exempt from the requirements of the premerger
notification program certain transactions that are subject to the
approval of other agencies, but only if copies of the information
submitted to these other agencies are also submitted to the
Agencies. Thus, parties must submit copies of these ``index''
filings, but completing the task requires significantly less time
than non-exempt transactions (which require ``non-index'' filings).
\2\ Based on the current rate of such filings this year, as well
as the actual number of such filings, respectively, in fiscal years
2014 and 2015, the above estimate likely well exceeds the eventual
actual results for fiscal year 2016.
---------------------------------------------------------------------------
Calculating the burden for auto-withdrawal of filings pursuant to
Sec. 803.12(b) of the HSR Rules requires an analysis of two potential
scenarios. In one scenario, a filing is automatically withdrawn and the
acquiring person utilizes the two-day resubmission process under Sec.
803.12(c). In that case, no additional transaction is generated as the
acquiring person simply restarts the waiting period on the same
transaction. In the second scenario, the parties to a terminated
transaction for which the filing is automatically withdrawn do not
utilize the two-day resubmission process under Sec. 803.12(c) but
later decide to move forward with the transaction. In that case, a new
filing is required. Both of these scenarios are rare, as it is very
unlikely that a transaction for which the HSR filing is automatically
withdrawn during the merger review process (due to the parties' SEC
filing indicating that the transaction has been terminated) would be
subsequently restarted. Based on experience to date, this would occur
approximately once every fifteen years, i.e., a historical frequency of
.067 transactions per year. FTC staff believes that this new filing
would require the same work and diligence as any new non-index filing.
Assuming, then, an average of 37 hours for one transaction, when
applied to a historical frequency of .067, this amounts to an annual
average of 3 hours, rounded up, for a withdrawn transaction later
restarted.
Thus, the total estimated hours burden before adjustments is
168,484 hours [(4,553 non-index filings x 37 hours/each) + (10 index
filings x 2 hours/each) + (1 withdrawn transaction later restarted x 3
hours))].
Estimated Total Annual Labor Cost
Using the burden hours (168,484) estimated above and applying an
estimated average of $460/hour for executive and/or attorney
compensation, staff estimates that the total labor cost associated with
the HSR Rules and the Notification and Report Form is approximately
$77,502,640.
Estimated Total Annual Non-Labor Cost
The applicable requirements impose minimal start-up costs, as
businesses subject to the HSR Rules generally have or obtain necessary
equipment for other
[[Page 53486]]
business purposes. Staff believes that the above requirements
necessitate ongoing, regular training so that covered entities stay
current and have a clear understanding of federal mandates, but that
this would be a small portion of and subsumed within the ordinary
training that employees receive apart from that associated with the
information collected under the HSR Rules and the corresponding
Notification and Report Form.
Request for Comment: Pursuant to Section 3506(c)(2)(A), the FTC
invites comments on: (1) Whether the disclosure requirements are
necessary, including whether the information will be practically
useful; (2) the accuracy of our burden estimates, including whether the
methodology and assumptions used are valid; (3) how to improve the
quality, utility, and clarity of the disclosure requirements; and (4)
how to minimize the burden of providing the required information to
consumers.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before October 11,
2016. Write ``HSR PRA Clearance Extension, P169300'' on your comment.
Your comment--including your name and your state--will be placed on the
public record of this proceeding, including to the extent practicable,
on the public Commission Web site, at https://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to
remove individuals' home contact information from comments before
placing them on the Commission Web site.
Because your comment will be made public, you are solely
responsible for making sure that your comment does not include any
sensitive personal information, like anyone's Social Security number,
date of birth, driver's license number or other state identification
number or foreign country equivalent, passport number, financial
account number, or credit or debit card number. You are also solely
responsible for making sure that your comment does not include any
sensitive health information, like medical records or other
individually identifiable health information. In addition, do not
include any ``[t]rade secret or any commercial or financial information
which is . . . privileged or confidential'' as provided in Section 6(f)
of the FTC Act 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). In particular, do not include competitively sensitive
information such as costs, sales statistics, inventories, formulas,
patterns devices, manufacturing processes, or customer names.
If you want the Commission to give your comment confidential
treatment, you must file it in paper form, with a request for
confidential treatment, and you have to follow the procedure explained
in FTC Rule 4.9(c).\3\ Your comment will be kept confidential only if
the FTC General Counsel grants your request in accordance with the law
and the public interest.
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\3\ In particular, the written request for confidential
treatment that accompanies the comment must include the factual and
legal basis for the request, and must identify the specific portions
of the comment to be withheld from the public record. See FTC Rule
4.9(c), 16 CFR 4.9(c).
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Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we encourage you to submit
your comments online. To make sure that the Commission considers your
online comment, you must file it at your comment and file your comment
online at https://ftcpublic.commentworks.com/ftc/hsrrulespra by
following the instructions on the web-based form. When this Notice
appears at https://www.regulations.gov/#!home, you also may file a
comment through that Web site.
If you file your comment on paper, write ``HSR PRA Clearance
Extension, P169300'' on your comment and on the envelope, mail your
comment to the following address: Federal Trade Commission, Office of
the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex J),
Washington, DC 20580, or deliver your comment to the following address:
Federal Trade Commission, Office of the Secretary, Constitution Center,
400 7th Street SW., 5th Floor, Suite 5610 (Annex J), Washington, DC
20024. If possible, submit your paper comment to the Commission by
courier or overnight service.
The FTC Act and other laws that the Commission administers permit
the collection of public comments to consider and use in this
proceeding as appropriate. The Commission will consider all timely and
responsive public comments that it receives on or before October 11,
2016. For information on the Commission's privacy policy, including
routine uses permitted by the Privacy Act, see https://www.ftc.gov/ftc/privacy.htm.
David C. Shonka,
Acting General Counsel.
[FR Doc. 2016-19230 Filed 8-11-16; 8:45 am]
BILLING CODE 6750-01-P