Short Position and Short Activity Reporting by Institutional Investment Managers

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form 249.333 Form SHO	Form and Instruction	New	Available
Form 249.333 Form SHO: Use of Structured XML-Based Data Language for Amended Filing	Form and Instruction	New	Repair queued
Form 249.333 Form SHO	Form and Instruction	New	Repair queued
Form 249.333 Form SHO: Amended Filing	Form and Instruction	New	Repair queued
Form 249.333 Form SHO	Form and Instruction	New	Repair queued
Form 249.333 Form SHO: Use of Structured XML-Based Data Language	Form and Instruction	New	Repair queued
Form 249.333 Form SHO	Form and Instruction	New	Available
Form 249.333 Form SHO: Filings in EDGAR	Form and Instruction	New	Repair queued
Form 249.333 Form SHO	Form and Instruction	New	Available
Form 249.333 Form SHO: Initial Technology Proects	Form and Instruction	New	Repair queued
87 FR 14950.pdf	Supporting Statement B	Uploaded 2023-01-31	Repair queued
Supporting Statement for Proposed Short Position and Short Activity Reporting by Institutional Investment Managers.pdf	Supporting Statement A	Uploaded 2023-01-31	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
258113	CAT: Reporting of Bona Fide Market Making Exception –Outsourcers		New
258112	CAT: Reporting of Bona Fide Market Making Exception – Insourcers		New
258111	CAT: Reporting of Buy to cover Information for Orders –Outsourcers		New
258110	CAT: Reporting of Buy to cover Information for Orders – Insourcers		New
258109	CAT: Central Repository - Short Sale Data		New
258108	Rule 205 "Buy to Cover":Order Marking		New
258107	Rule 205 "Buy to Cover": Initial System Updates		New
258106	Form SHO: Use of Structured XML-Based Data Language for Amended Filing	Form and Instruction	New	Form SHO
258106	Form SHO: Use of Structured XML-Based Data Language for Amended Filing	Form and Instruction	New
258105	Form SHO: Amended Filing	Form and Instruction	New	Form SHO
258105	Form SHO: Amended Filing	Form and Instruction	New
258104	Form SHO: Use of Structured XML-Based Data Language	Form and Instruction	New	Form SHO
258104	Form SHO: Use of Structured XML-Based Data Language	Form and Instruction	New
258103	Form SHO: Filings in EDGAR	Form and Instruction	New	Form SHO
258103	Form SHO: Filings in EDGAR	Form and Instruction	New
258022	Form SHO: Initial Technology Proects	Form and Instruction	New	Form SHO
258022	Form SHO: Initial Technology Proects	Form and Instruction	New

ICR Details

OMB Control No: 3235-0804	ICR Reference No: 202301-3235-020
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: SEC	Agency Tracking No:
Title: Short Position and Short Activity Reporting by Institutional Investment Managers
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 04/10/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/01/2023
Terms of Clearance: Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. The agency shall examine public comment in response to the NPRM and will describe in the supporting statement of its next collection any public comments received regarding the collection as well as why (or why it did not) incorporate the commenter’s recommendation. The next submission to OMB must include the draft final rule.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The Securities and Exchange Commission is proposing a rule and related form designed to provide greater transparency through the publication of short sale related data to investors and other market participants. Under the rule, institutional investment managers that meet or exceed a specified reporting threshold would be required to report, on a monthly basis using the proposed form, specified short position data and short activity data for equity securities. That data would then be aggregated and anonymously reported publicly. In addition, the Commission is proposing a new rule under the Exchange Act to prescribe a new ‘‘buy to cover’’ order marking requirement, and proposing to amend the national market system plan governing the consolidated audit trail (‘‘CAT’’) created pursuant to the Exchange Act to require the reporting of ‘‘buy to cover’’ order marking information and reliance on the bona fide market making exception in the Commission’s short sale rules.

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Authorizing Statute(s): PL: Pub.L. 111 - 203 929X Name of Law: Dodd Frank Wall Street Reform and Consumer Protection Act
   US Code: 15 USC 78 et seq Name of Law: 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:
3235-AM34	Proposed rulemaking	87 FR 14950	03/16/2022

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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: 12

table that charts list of burden

IC Title	Form No.	Form Name
CAT: Central Repository - Short Sale Data
CAT: Reporting of Bona Fide Market Making Exception – Insourcers
CAT: Reporting of Bona Fide Market Making Exception –Outsourcers
CAT: Reporting of Buy to cover Information for Orders – Insourcers
CAT: Reporting of Buy to cover Information for Orders –Outsourcers
Form SHO: Amended Filing	249.333	Form SHO
Form SHO: Filings in EDGAR	249.333	Form SHO
Form SHO: Initial Technology Proects	249.333	Form SHO
Form SHO: Use of Structured XML-Based Data Language	249.333	Form SHO
Form SHO: Use of Structured XML-Based Data Language for Amended Filing	249.333	Form SHO
Rule 205 "Buy to Cover": Initial System Updates
Rule 205 "Buy to Cover":Order Marking

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: The Commission has proposed a new rule and a related form that include collections of information. These are discussed in more detail in the attached Supporting Statement.

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Annual Cost to Federal Government:

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]? Yes

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: 02/01/2023

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