Form S-1 Registration Statement

Forms and Documents

Document Name	Status
Form SEC 870 Form S-1 Registration Statement Form and Instruction	Modified
Supporting Statement for Withdrawing Rule 151A (proposed) - KEC 11-23-10 v2.doc Supporting Statement A	2010-12-01

IC Document Collections

IC ID	Document Title	Status
34231	Form S-1 Registration Statement Form and Instruction	Modified

ICR Details

OMB Control No: 3235-0065	ICR Reference No: 201011-3235-020
Status: Historical Active	Previous ICR Reference No: 201002-3235-006
Agency/Subagency: SEC	Agency Tracking No: CF- 270-58
Title: Form S-1 Registration Statement
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/01/2010
	Date Received in OIRA: 12/01/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2013	36 Months From Approved	04/30/2013
Responses	768	0	1,168
Time Burden (Hours)	186,414	0	247,982
Cost Burden (Dollars)	223,697,200	0	297,578,400

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Abstract: Form S-1 under the Securities Act is used by domestic issuers who are not eligible to use other forms to register offering of their securities.

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Authorizing Statute(s): US Code: 15 USC 77c(b), 77e, 77f, 77s(a) Name of Law: Securities Act of 1933
   US Code: 15 USC 78l, 78m, 78n, 78o(d), 78w(a) Name of Law: Securities Exchange Act of 1934
   US Code: 15 USC 80a-8, 80a-20(a), 80a-24(a) Name of Law: Investment Company Act of 1940
   US Code: 15 USC 80a-29, 80a-38 Name of Law: Investment Company Act of 1940
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AK14	Final or interim final rulemaking	75 FR 64642	10/20/2010

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Federal Register Notices & Comments

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
Form S-1 Registration Statement	SEC 870	Form S-1

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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	768	1,168	0	-400	0	0
Annual Time Burden (Hours)	186,414	247,982	0	-61,568	0	0
Annual Cost Burden (Dollars)	223,697,200	297,578,400	0	-73,881,200	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: In Release No. 33-9152, the Commission withdrew rule 151A under the Securities Act of 1933. Rule 151A defines the terms “annuity contract” and “optional annuity contract” under the Act. On July 12, 2010, the United States Court of Appeals for the District of Columbia Circuit issued an order vacating Rule 151A. The Court ordered the Commission to remove the reporting burden requirement that was related to 400 of the previously approved 1,168 respondents. The withdrawal of rule 151A removed the annual burdens associated with these 400 respondents by 61,568 hours and $73,881,200.

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Annual Cost to Federal Government: $75,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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? Uncollected

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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: 12/01/2010

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