Form THsupp.02-03-2022

SUPPORTING STATEMENT FOR THE PAPERWORK REDUCTION ACT
INFORMATION COLLECTION SUBMISSION FOR FORM TH

A.

JUSTIFICATION
1.

Circumstances Making the Collection of Information Necessary

Regulation S-T governs the Commission’s Electronic Data Gathering,
Analysis, and Retrieval (“EDGAR”) system. The EDGAR system is used by
issuers and other filers to electronically submit reports, schedules, forms and other
filings to the Commission. Regulation S-T sets forth instructions and
requirements for filing on EDGAR. Regulation S-T identifies filings that must be
filed electronically, exemptions from the electronic filing requirements and rules
discussing treatment of graphic and image material. In order to facilitate its
electronic filing requirements, the Commission developed special forms that were
unique to filing on EDGAR. One such specialized form is Form TH. As required
by Rule 201(a) of Regulation S-T, Form TH must be filed by any electronic filer
that submits to the Commission, pursuant to a temporary hardship exemption, a
document in paper format that otherwise would be required to be submitted
electronically.
2.

Purpose and Use of the Information Collection

Form TH provides notification to the Commission that an electronic filer
is relying on the temporary hardship exemption. Moreover, the information
required by the Commission permits verification of compliance with securities
law requirements and assures the public availability and dissemination of such
information.
3.

Consideration Given to Information Technology

Form TH is used to implement improved information dissemination
technology. The Electronic Data Gathering, Analysis and Retrieval (“EDGAR”)
system is designed to reduce the regulatory burden of paper filings with the
Commission.
4.

Duplication of Information

The EDGAR system is unique to the Commission; consequently no
duplication of Form TH exists.

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5.

Reducing the Burden on Small Entities

Small entities are permitted to file Form TH if they meet the requirements
of a temporary hardship exemption, which is outlined in Rule 201 of Regulation
S-T, but we do not expect the filing of Form TH to have a significant economic
impact on a substantial number of small entities. EDGAR has been designed to
accommodate small entities to the greatest degree possible while still providing
for the public electronic dissemination of information.
6.

Consequences of Not Conducting Collection

Form TH must be used every time an electronic filer experiences
unanticipated technical difficulties preventing the timely preparation and
submission of a required electronic filing.
7.

Special Circumstances
There are no special circumstances.

8.

Consultations with Persons Outside the Agency

No comments were received for this request during the 60-day comment
period prior to OMB’s review of this submission.
9.

Payment or Gift to Respondents
No payment or gift has been provided to any respondents.

10.

Confidentiality
Form TH is a public document.

11.

Sensitive Questions

No information of a sensitive nature, including social security numbers,
will be required under this collection of information. The information collection
collects basic Personally Identifiable Information (PII) that may include: name,
address and zip code. However, the agency has determined that the information
collection does not constitute a system of record for purposes of the Privacy Act.
Information is not retrieved by a personal identifier. In accordance with Section
208 of the E-Government Act of 2002, the agency has conducted a Privacy
Impact Assessment (PIA) of the EDGAR system, in connection with this
collection of information. The EDGAR PIA, published on February 5, 2020, is
provided as a supplemental document and is also available at
https://www.sec.gov/privacy.

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12.

Estimate of Respondent Reporting Burden
Estimated Reporting Burden
Information
Collection
Title
Form TH

OMB Control
Number

Number of
Responses

Burden
Hours

3235-0425

5

2

For purposes of the Paperwork Reduction Act (“PRA”), we estimate that
Form TH takes approximately 0.33 hours per response to comply with the
collection of information requirements and is filed by approximately 5 registrants.
We derived our burden hour estimates by estimating the average number of hours
it would take an electronic filer to compile the necessary information and data,
prepare and review disclosure, file documents and retain records. In connection
with rule amendments to the form, we occasionally receive PRA estimates from
public commenters about incremental burdens that are used in our burden
estimates. We believe that the actual burdens will likely vary among individual
companies based on the size and complexity of their organization and the nature
of their operations. We further estimate that 100% of the collection of
information burden is carried by the registrant internally. Based on our estimates,
we calculated the total reporting burden to be 2 hours (0.33 hours per response x 5
responses). For administrative convenience, the presentation of the total related
to the paperwork burden hours has been rounded to the nearest whole number.
The estimated burden hours are made solely for the purpose of the Paperwork
Reduction Act.
13.

Estimate of Total Annualized Cost Burden
There is no outside cost associated with the information collection.

14.

Costs to Federal Government

The annual cost of reviewing and processing disclosure documents, including
registration statements, post-effective amendments, proxy statements, annual reports and
other filings of operating companies amounted to approximately $119,447,840 in fiscal
year 2020, based on the Commission’s computation of the value of staff time devoted to
this activity and related overhead.
15.

Reason for Change in Burden
There is no change in burden.

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16.

Information Collection Planned for Statistical Purposes
The information collection is not planned for statistical purposes.

17.

Approval to Omit Expiration Date

We request authorization to omit the expiration date on the electronic
version of the form. Including the expiration date on the electronic version of the
form will result in increased costs, because the need to make changes to the form
may not follow the application’s scheduled version release dates. The OMB
control number will be displayed.
18.

Exceptions to Certification for Paperwork Reduction Act Submissions
There are no exceptions to certification for Paperwork Reduction Act
submissions.

B.

STATISTICAL METHODS
The information collection does not employ statistical methods.