[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Notices]
[Page 5941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01739]


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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-606, OMB Control No. 3235-0670]


Submission for OMB Review; Comment Request; Extension: Rule 201 
and Rule 200(g) of Regulation SHO

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.) (``PRA''), the Securities and Exchange 
Commission (``Commission'') has submitted to the Office of Management 
and Budget (``OMB'') a request for approval of extension of the 
previously approved 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 1,556,049 hours to comply with the Rules and an aggregate 
annual external cost of $370,933.
    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 
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 under the PRA unless it 
displays a currently valid OMB control number.
    The public may view background documentation for this information 
collection at the following website: <www.reginfo.gov>. Find this 
particular information collection by selecting ``Currently under 30-day 
Review--Open for Public Comments'' or by using the search function. 
Written comments and recommendations for the proposed information 
collection should be sent by March 1, 2023 to (i) 
<[email protected]> and (ii) David Bottom, 
Director/Chief Information Officer, Securities and Exchange Commission, 
c/o John Pezzullo, 100 F Street NE, Washington, DC 20549, or by sending 
an email to: [email protected].

    Dated: January 24, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-01739 Filed 1-27-23; 8:45 am]
BILLING CODE 8011-01-P