Rule 102, 17 CFR 242.102 (Activities by Issuers or Selling Securityholders During a Distribution)

Forms and Documents

Document Name	Status
3235-0467 30 Day Notice.pdf Supplementary Document	2020-04-20
3235-0467 60 Day Notice.pdf Supplementary Document	2020-04-20
DGL REVISED 2020 Rule 102 Supporting Statement PMP 2019 Draft w JG comments and DERA updates.pdf Supporting Statement A	2020-02-05

IC Document Collections

IC ID	Document Title	Status
35170	Rule 102, 17 CFR 242.102 (Activities by Issuers or Selling Securityholders During a Distribution)	Modified

ICR Details

OMB Control No: 3235-0467	ICR Reference No: 201911-3235-012
Status: Active	Previous ICR Reference No: 201611-3235-049
Agency/Subagency: SEC	Agency Tracking No: TM-270-409
Title: Rule 102, 17 CFR 242.102 (Activities by Issuers or Selling Securityholders During a Distribution)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/09/2020
	Date Received in OIRA: 04/20/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2023	36 Months From Approved	06/30/2020
Responses	955	0	998
Time Burden (Hours)	1,855	0	1,898
Cost Burden (Dollars)	0	0	0

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Abstract: Rule 102 restricts certain activities of issuers and their affiliated purchasers during a distribution period.

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Authorizing Statute(s): US Code: 15 USC 80a-23, 80a-29, 80a-37 Name of Law: Sections 23, 29, and 37 of the Investment Company Act of 1940
   US Code: 15 USC 78o(g), 78q(a), 78q(b), 78q(h) Name of Law: Sections 15(g), 17(a), 17(b), 17(h) of the Securities Exchange Act of 1934
   US Code: 15 USC 78w(a), 78dd-1, 78mm Name of Law: Sections 23(a), 30A, and 36 of the Securities Exchange Act of 1934
   US Code: 15 USC 77g, 77q(a), 77s(a) Name of Law: Sections 7, 17(a), and 19(a) of the Securities Act of 1933
   US Code: 15 USC 78b, 78c, 78g(c)(2), 78i(a) Name of Law: Sections 2, 3, 7(c)(2), 9(a) of the Securities Exchange Act of 1934
   US Code: 15 USC 78j, 78k-1(c), 78l Name of Law: Sections 10, 11A(c), 12 of the Securities Exchange Act of 1934
   US Code: 15 USC 78m, 78n, 78o(b), 78o(c) Name of Law: Sections 13, 14, 15(b), 15(c) of the Securities Exchange Act of 1934
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 8052	02/12/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 21910	04/20/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Rule 102, 17 CFR 242.102 (Activities by Issuers or Selling Securityholders During a Distribution)

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ICR Summary of Burden

	Total Approved	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	955	998	0	0	-43	0
Annual Time Burden (Hours)	1,855	1,898	0	0	-43	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The decrease in total burden hours is the result of a decrease in the number of firm commitment offerings from 848 previously to 805 in 2019 (which, in turn, reduced the total number of respondents from 998 previously to 955 in 2019).

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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

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Common Form ICR:  No

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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: 04/20/2020

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