Form THsupp.2012

SUPPORTING STATEMENT 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.

Purposes 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 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.

2

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
Not applicable.

8.

Consultations With Persons Outside the Agency

Before being adopted, Form TH was proposed for public comment. No
comments were received on these requests during the 60-day comment period
prior to OMB’s review.
9.

Payment or Gift to Respondents
Not applicable.

10.

Confidentiality
Form TH is a public document.

11.

Sensitive Questions
No information of a sensitive nature is required.

12.

Estimate of Respondent Reporting Burden

We estimate that approximately 70 registrants file Form TH and it takes an
estimated 0.33 hours per response for a total annual burden of 23 hours. We
estimate that 100% of the 23 burden hours are prepared by the company. The
estimated hours are made solely for the purposes of the Paperwork Reduction Act.

3

13.

Estimate of Total Annualized Cost Burden

We estimate that the issuer will prepare 100% of the total reporting burden
imposed by the form and there is no additional cost associated with the
information collection.
14.

Costs to Federal Government

The cost to the Federal Government is minimal for processing Form TH
because it is a simple cover sheet that identifies attached information.
15.

Reason for Change In Burden
No change in burden at this time.

16.

Information Collections Planned for Statistical Purposes
Not applicable.

17.

Display of OMB Approval Date

We request authorization to omit the expiration date on the electronic
version of this form for design and scheduling reasons. The OMB control number
will be displayed.
18.

Exceptions to Certification for Paperwork Reduction Act Submissions
Not applicable

B.

Statistical Methods
Not applicable.