Agency Information Collection Activities; Submission for OMB Review; Comment Request

Federal Register, Volume 84 Issue 232 (Tuesday, December 3, 2019)
[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Pages 66190-66191]
From the Federal Register Online via the Government Publishing Office []
[FR Doc No: 2019-26075]
Agency Information Collection Activities; Submission for OMB
Review; Comment Request
AGENCY: Federal Trade Commission (FTC).
ACTION: Notice and request for comment.
SUMMARY: The FTC requests that the Office of Management and Budget
(OMB) extend for three years the current PRA clearance for information
collection requirements contained in the Antitrust Improvements Act
Rules (``HSR Rules'') and corresponding Notification and Report Form
for Certain Mergers and Acquisitions (``Notification and Report
Form''). The current clearance expires on December 31, 2019.
DATES: Comments must be received by January 2, 2020.
ADDRESSES: Comments in response to this notice should be submitted to
the OMB Desk Officer for the Federal Trade Commission within 30 days of
this notice. You may submit comments using any of the following
    Electronic: Write ``HSR Rules: PRA Comment, P072108,'' on your
comment and file your comment online at, by
following the instructions on the web-based form.
    Email: [email protected].
    Fax: (202) 395-5806.
    Mail: Office of Information and Regulatory Affairs, Office of
Management and Budget, Attention: Desk Officer for the Federal Trade
Commission, New Executive Office Building, Docket Library, Room 10102,
725 17th Street NW, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Robert L. Jones, Assistant Director,
Premerger Notification Office, Bureau of Competition, Federal Trade
Commission, Room CC-5301, 600 Pennsylvania Avenue NW, Washington, DC
20580, or by telephone to (202) 326-2740.
    Title: HSR Rules and Notification and Report Form, 16 CFR parts
    OMB Control Number: 3084-0005.
    Type of Review: Extension of a currently approved collection.
    Abstract: 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, among other things, ``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
[[Page 66191]]
the Assistant Attorney General, developed the HSR Rules and the
corresponding Notification and Report Form.
    On September 11, 2019, the Commission sought comment on the
reporting requirements associated with the HSR Rules and corresponding
Notification and Report Form. 84 FR 47951. No relevant comments were
received. Pursuant to the OMB regulations, 5 CFR part 1320, that
implement the PRA, 44 U.S.C. 3501 et seq., the FTC is providing this
second opportunity for public comment while seeking OMB approval to
renew the pre-existing clearance for those information collection
    The following discussion presents the FTC's PRA burden analysis
regarding completion of the Notification and Report Form. For more
details about the requirements of the HSR Rules, the background behind
these information collection provisions, and the basis for the
calculations summarized below, see 84 FR 47951.
    Likely Respondents: Merging Parties.
    Estimated Annual Hours Burden: 181,091 hours [derived from 4,894
non-index filings x 37 hours/each) + (five index filings x two hours/
each) + (one withdrawn transaction later restarted x three hours)].
    Estimated Annual Cost Burden: $83,301,860, which is derived from
$460/hour x 181,091 hours.
Request for Comment
    Your comment--including your name and your state--will be placed on
the public record of this proceeding at the
website. Because your comment will be made public, you are solely
responsible for making sure that your comment does not include any
sensitive personal information, such as 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, such as medical records or other
individually identifiable health information. In addition, your comment
should not include any ``trade secret or any commercial or financial
information which . . . is privileged or confidential''--as provided by
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)--including in particular competitively sensitive
information such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
Heather Hippsley,
Deputy General Counsel.
[FR Doc. 2019-26075 Filed 12-2-19; 8:45 am]