Agency Information Collection Activities; Comment Request; Regulation SHO Rules
Summary
The Securities and Exchange Commission has submitted an information collection request for extension to the OMB for Regulation SHO rules, specifically Rule 201 and Rule 200(g). This notice requests public comment on the proposed extension of these existing information collection requirements.
What changed
The Securities and Exchange Commission (SEC) has published a notice requesting public comment on an extension of an existing information collection requirement related to Regulation SHO. This pertains to Rule 201 and Rule 200(g) of Regulation SHO, which are subject to the Paperwork Reduction Act. The SEC is seeking OMB review and approval for the continued collection of this information.
While this is a notice for comment on an existing information collection, regulated entities, particularly broker-dealers, should be aware of the ongoing information collection requirements under Regulation SHO. The comment period is open for interested parties to submit their views to the SEC. No new obligations are being imposed at this stage, but the notice serves as a reminder of the existing reporting and recordkeeping burdens associated with these rules.
What to do next
- Review the SEC's information collection request for Regulation SHO rules.
- Submit comments to the SEC regarding the extension of OMB Control No. 3235-0670 by the specified deadline.
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Notice
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension: Rule 201 and Rule 200(g) of Regulation SHO
A Notice by the Securities and Exchange Commission on 03/30/2026
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Document Details Published Content - Document Details Agency Securities and Exchange Commission Agency/Docket Number OMB Control No. 3235-0670 Document Citation 91 FR 15677 Document Number 2026-06035 Document Type Notice Pages 15677-15678
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| OMB Control No. 3235-0670
(4 Documents) | | | |
| --- | | | |
| Date | | Action | Title |
| | 2026-03-30 | | Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension: Rule 201 and Rule 200(g) of Regulation SHO |
| | 2026-01-23 | | Agency Information Collection Activities; Proposed Collection; Comment Request; Extension: Rule 201 and Rule 200(g) of Regulation SHO |
| View More Docket Documents | | | |
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Securities and Exchange Commission
- [OMB Control No. 3235-0670] Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of FOIA Services, 100 F Street NE, Washington, DC 20549-2736
Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission (SEC or “Commission”) is submitting to the Office of Management and Budget (“OMB”) this request for extension of the proposed collection of information provided for in Rule 201 (17 CFR 242.201) and Rule 200(g) (17 CFR 242.200(g)) under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.).
Rule 201 is a short sale-related circuit breaker rule that, if triggered, imposes a restriction on the prices at which securities may be sold short. Rule 200(g) provides that a broker-dealer may mark certain qualifying sell orders “short exempt.” The information collected under Rule 201's written policies and procedures requirement applicable to trading centers, the written policies and procedures requirement of the broker-dealer provision of Rule 201(c), the written policies and procedures requirement of the riskless principal provision of Rule 201(d)(6), and the “short exempt” marking requirement of Rule 200(g) enable the Commission and self-regulatory organizations (“SROs”) to examine and monitor for compliance with the requirements of Rule 201 and Rule 200(g).
In addition, the information collected under Rule 201's written policies and procedures requirement applicable to trading centers helps ensure that trading centers do not execute or display any impermissibly priced short sale orders, unless an order is marked “short exempt,” in accordance with the Rule's requirements. Similarly, the information collected under the written policies and procedures requirement of the broker-dealer provision of Rule 201(c) and the riskless principal provision of Rule 201(d)(6) helps to ensure that broker-dealers comply with the requirements of these provisions. The information collected pursuant to the “short exempt” marking requirement of Rule 200(g) also provides an indication to a trading center when it must execute or display a short sale order without regard to whether the short sale order is at a price that is less than or equal to the current national best bid.
It is estimated that SRO and non-SRO respondents registered with the Commission and subject to the collection of information requirements of Rule 201 and Rule 200(g) incur an aggregate annual burden of 1,446,553 hours to comply with the Rules and an aggregate annual external cost of $248,000.
Any records generated in connection with Rule 201's requirements that trading centers and broker-dealers (with respect to the broker-dealer and riskless principal provisions) establish written policies and procedures must be preserved in accordance with, and for the periods specified in, Exchange Act Rules 17a-1 for SRO trading centers and 17a-4(e)(7) for non-SRO trading centers and registered broker-dealers. The amendments to Rule 200(g) and Rule 200(g)(2) do not contain any new record retention requirements. All registered broker-dealers that are subject to the amendments are currently required to retain records in accordance with Rule 17a-4(e)(7) under the Exchange Act.
Compliance with Rule 201 and Rule 200(g) is mandatory. We expect that the information collected pursuant to Rule 201's required policies and procedures for trading centers will be communicated to the members, subscribers, and employees (as applicable) of all trading centers. In addition, the information collected pursuant to Rule 201's required policies and procedures for trading centers will be retained by the trading centers and will be available to the Commission and SRO examiners upon request, but not subject to public availability. The information collected pursuant to Rule 201's broker-dealer provision and the riskless principal exception will be retained by the broker-dealers and will be available to the Commission and SRO examiners upon request, but not subject to public availability. The information collected pursuant to the “short exempt” marking requirements in Rule 200(g) and Rule 200(g)(2) will be submitted to trading centers and will be available to the Commission and SRO examiners upon request. The information collected pursuant to the “short exempt” marking requirement may be publicly available because it may be published, in a form that would not identify individual broker-dealers, by SROs that publish on their internet websites aggregate short selling volume data in each individual equity security for that day and, on a one-month ( printed page 15678) delayed basis, information regarding individual short sale transactions in all exchange-listed equity securities.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.
The public may view and comment on this information collection request at: https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202601-3235-011 or email comment to MBX.OMB.OIRA.SECdeskofficer@omb.eop.gov within 30 days of the day after publication of this notice, by April 30, 2026.
Dated: March 25, 2026.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-06035 Filed 3-27-26; 8:45 am]
BILLING CODE 8011-01-P
Published Document: 2026-06035 (91 FR 15677)
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