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Agency Information Collection Activities; Proposed Collection; Comment Request; Extension: Rule 13f-2-Short Position and Short Activity Reporting by Institutional Investment Managers

Securities and Exchange Commission [OMB Control No. 3235-0804] Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of FOIA Services, 100 F St...

Securities and Exchange Commission
  1. [OMB Control No. 3235-0804]

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 soliciting comments on the existing collection of information provided for in Rule 13f-2 and related Form SHO (17 CFR 240.13f-2 and 17 CFR 249.332). The Commission plans to submit this existing collection of information to the Office of Management and Budget (“OMB”) for extension and approval.

Rule 13f-2 is designed to fulfill the requirements of Exchange Act Section 13(f)(2) and provide greater transparency through the publication of certain short sale related data to investors and other market participants by requiring certain Institutional Investment Managers (“Managers”) to report to the Commission, on a monthly basis on Form SHO, certain short position data and short activity data for certain equity securities. More information about the short sale activity and gross short positions of reporting Managers [1] may promote greater risk management among market participants, and may facilitate capital formation to the extent that greater transparency bolsters confidence in the markets.

( printed page 47024)

Rule 13f-2 and Form SHO increase transparency regarding short position and short activity data to both market participants and regulators. Certain provisions of Rule 13f-2 and related Form SHO impose “collection of information” requirements within the meaning of the Paperwork Reduction Act of 1995 (“PRA”). Form SHO and the aggregated data published pursuant to Rule 13f-2 increase transparency and provide several important benefits to market participants and regulators. Such aggregated information helps inform market participants regarding the overall short sale activity by reporting Managers. The Commission's regular access to Form SHO data bolsters the Commission's oversight of short selling, as Rule 13f-2 and Form SHO improve the utility of information available to the Commission and other regulators. The short sale related information collected under Rule 13f-2 and Form SHO fill an information gap for market participants and regulators because the short position data reported pursuant to Rule 13f-2 on Form SHO supplements the short sale information that is currently publicly available from FINRA and the exchanges. The title for the information collections is “Short Position and Short Activity Reporting by Institutional Investment Managers.”

There are approximately 1,000 respondents per year that require an aggregate total of approximately 269,808 hours to comply with Rule 13f-2 and related Form SHO. Each respondent makes an estimated 12 annual responses. Each response will take an estimated 20 hours to comply and 2 hours to file. Additionally, each month, the Commission estimates an additional 22 amended responses. Thus, the total hour burden per year is approximately 269,808 hours.[2]

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.

Written comments are invited on: (a) whether this proposed collection of information is necessary for the proper performance of the functions of the SEC, including whether the information will have practical utility; (b) the accuracy of the SEC's estimate of the burden imposed by the proposed collection of information, including the validity of the methodology and the assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated, electronic collection techniques or other forms of information technology.

Please direct your written comments on this 60-Day Collection Notice to Austin Gerig, Director/Chief Data Officer, Securities and Exchange Commission, c/o Tanya Ruttenberg via email to by September 25, 2026.

Dated: July 23, 2026.

Sherry R. Haywood,

Assistant Secretary.

Footnotes

1.  As defined in Section 13(f)(6)(A) of the Exchange Act and for purposes of Rule 13f-2, “institutional investment manager” includes any person, other than a natural person, investing in or buying and selling securities for its own account, and any person exercising investment discretion with respect to the account of any other person. As such, the term “institutional investment manager” typically can include investment advisers, banks, insurance companies, broker-dealers, pension funds and corporations.

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2.  Total annual burden 269,808 hours = 240,000 hours complying (1,000 respondents × 12 responses × 20 hours per response) plus 24,000 hours filing (1,000 respondents × 12 responses × 2 hours per response) plus 5,280 hours amending reports (22 respondents × 12 responses × 20 hours per response) plus 528 hours for amended filings (22 respondents × 12 responses × 2 hours per response).

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[FR Doc. 2026-15143 Filed 7-24-26; 8:45 am]

BILLING CODE 8011-01-P

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91 FR 47023

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“Agency Information Collection Activities; Proposed Collection; Comment Request; Extension: Rule 13f-2-Short Position and Short Activity Reporting by Institutional Investment Managers,” thefederalregister.org (July 27, 2026), https://thefederalregister.org/documents/2026-15143/agency-information-collection-activities-proposed-collection-comment-request-extension-rule-13f-2-short-position-and-sho.