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: Use of Structured XML-Based Data Language for Amended Filing	Form and Instruction	Unchanged	Repair queued
Form 249.333 Form SHO: Amended Filing	Form and Instruction	Unchanged	Missing upstream
Form 249.333 Form SHO: Use of Structured XML-Based Data Language	Form and Instruction	Unchanged	Repair queued
Form 249.333 Form SHO: Filings in EDGAR	Form and Instruction	Unchanged	Repair queued
Form 249.333 Form SHO: Initial Technology Proects	Form and Instruction	Unchanged	Repair queued
Supporting Statement 3235-0804 (2023 Final Rule).pdf	Supporting Statement A	Uploaded 2023-11-02	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		Modified
258112	CAT: Reporting of Bona Fide Market Making Exception – Insourcers		Modified
258111	CAT: Reporting of Buy to cover Information for Orders –Outsourcers		Removed
258110	CAT: Reporting of Buy to cover Information for Orders – Insourcers		Removed
258109	CAT: Central Repository - Short Sale Data		Modified
258108	Rule 205 "Buy to Cover":Order Marking		Removed
258107	Rule 205 "Buy to Cover": Initial System Updates		Removed
258106	Form SHO: Use of Structured XML-Based Data Language for Amended Filing	Form and Instruction	Unchanged
258105	Form SHO: Amended Filing	Form and Instruction	Unchanged
258104	Form SHO: Use of Structured XML-Based Data Language	Form and Instruction	Unchanged
258103	Form SHO: Filings in EDGAR	Form and Instruction	Unchanged
258022	Form SHO: Initial Technology Proects	Form and Instruction	Unchanged

ICR Details

OMB Control No: 3235-0804	ICR Reference No: 202311-3235-001
Status: Received in OIRA	Previous ICR Reference No: 202301-3235-020
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	Date Submitted to OIRA: 11/02/2023

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	25,965	0
Time Burden (Hours)	386,782	0
Cost Burden (Dollars)	341,933	0

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Abstract: The Commission adopted new Rule 13f-2 and related Form SHO and an amendment to the national market system plan (“NMS Plan”) governing the consolidated audit trail (“CAT”) to provide greater transparency of short sale-related data.

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Authorizing Statute(s): US Code: 15 USC 78 et seq Name of Law: Securities Exchange Act of 1934
   PL: Pub.L. 111 - 203 929X Name of Law: Dodd Frank Wall Street Reform and Consumer Protection Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AM34	Final or interim final rulemaking	88 FR 75100	11/01/2023

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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: 8

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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ICR Summary of Burden

table that charts list of burden

	Total Request	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	25,965	0	0	25,965	0	0
Annual Time Burden (Hours)	386,782	0	0	386,782	0	0
Annual Cost Burden (Dollars)	341,933	0	0	341,933	0	0

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 adopted rule amendments that would add new burdens. 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: 11/02/2023

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