Rule 103, 17 CFR 242.103 (Nasdaq Passive Market Making)

Forms and Documents

Document Name	Status
Rule 103 Justification Memo FY 2011(revised).pdf Supporting Statement A	2011-04-15

IC Document Collections

IC ID	Document Title	Status
35166	Rule 103, 17 CFR 242.103 (Nasdaq Passive Market Making)	Modified

ICR Details

OMB Control No: 3235-0466	ICR Reference No: 201102-3235-004
Status: Historical Active	Previous ICR Reference No: 200804-3235-009
Agency/Subagency: SEC	Agency Tracking No: TM-270-410
Title: Rule 103, 17 CFR 242.103 (Nasdaq Passive Market Making)
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: 06/02/2011
	Date Received in OIRA: 04/15/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2014	36 Months From Approved	07/31/2011
Responses	298	0	214
Time Burden (Hours)	298	0	214
Cost Burden (Dollars)	0	0	12,038

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Abstract: Rule 103 permits Nasdaq passive market making by a distribution participant during a distribution of such securities, an activity otherwise prohibited pursuant to Rule 101, 17 CFR 242.101. The Commission does not use the information required under this rule. Investors, and the market in general, use the disclosure of passive market making by a distribution participant in evaluating the price of the security in distribution.

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

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:
	76 FR 7594	02/10/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 21414	04/15/2011
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 103, 17 CFR 242.103 (Nasdaq Passive Market Making)

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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	298	214	0	0	84	0
Annual Time Burden (Hours)	298	214	0	0	84	0
Annual Cost Burden (Dollars)	0	12,038	0	0	-12,038	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 increase in burden hours reflects a change in the agency's estimate due to an increase in the amount of firm commitment secondary offerings of Nasdaq securities in 2010 from the firm commitment secondary offerings Nasdaq securities calculation used in prior years. Note that there is no external cost related to this rule, and the prior OMB Approval of costs amounting to $12,038 actually reflected internal labor costs. In this current submission, this is being corrected.

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Annual Cost to Federal Government: $0

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: 04/15/2011

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