[Federal Register Volume 61, Number 195 (Monday, October 7, 1996)]
[Rules and Regulations]
[Pages 52283-52285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25815]
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SECURITIES AND EXCHANGE COMMISSION
17 CFR Part 232
[Release Nos. 33-7351; 34-37774; 35-26585; 39-2343; IC-22257]
RIN 3235-AG96
Adoption of Updated EDGAR Filer Manual
AGENCY: Securities and Exchange Commission.
ACTION: Final rules.
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SUMMARY: The Securities and Exchange Commission (``Commission'') is
adopting an updated edition of the EDGAR Filer Manual and is providing
for its incorporation by reference into the Code of Federal
Regulations.
EFFECTIVE DATE: The amendment to 17 CFR part 232 (Regulation S-T) will
be effective on October 7, 1996. The new edition of the EDGAR Filer
Manual (Release 5.10) will be effective on October 7, 1996. The
incorporation by reference of the EDGAR Filer Manual is approved by the
Director of the Federal Register as of October 7, 1996.
[[Page 52284]]
FOR FURTHER INFORMATION CONTACT: In the Office of Information
Technology, David T. Copenhafer at (202) 942-8800; for questions
concerning investment company filings, Ruth Armfield Sanders, Senior
Counsel, Division of Investment Management, at (202) 942-0591.
SUPPLEMENTARY INFORMATION: The Commission today announces the adoption
of an updated EDGAR Filer Manual (``Filer Manual''), which sets forth
the technical formatting requirements governing the preparation and
submission of electronic filings through the Electronic Data Gathering,
Analysis, and Retrieval (``EDGAR'') system.\1\ Compliance with the
provisions of the Filer Manual is required in order to assure the
timely acceptance and processing of filings made in electronic
format.\2\ Filers should consult the Filer Manual in conjunction with
the Commission's rules governing mandated electronic filing when
preparing documents for electronic submission.\3\ In this update,
notice is provided to filers concerning the change in electronic filing
requirements resulting from the elimination of fees previously adopted
by the Commission under the Independent Offices Appropriations Act of
1952 (``IOAA'').\4\
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\1\ The Filer Manual originally was adopted on April 1, 1993,
and became effective on April 26, 1993. Release No. 33-6986 (April
1, 1993) [58 FR 18638]. The most recent update to the Filer Manual
was adopted in Release No. 33-7241 (November 13, 1995) [60 FR
57682].
\2\ See Rule 301 of Regulation S-T (17 CFR 232.301).
\3\ See Release Nos. 33-6977 (February 23, 1993) [58 FR 14628],
IC-19284 (February 23, 1993) [58 FR 14848], 35-25746 (February 23,
1993) [58 FR 14999], and 33-6980 (February 23, 1993) [58 FR 15009]
for a comprehensive treatment of the rules adopted by the Commission
governing mandated electronic filing. See also Release No. 33-7122
(December 19, 1994) [59 FR 67752], in which the Commission made the
EDGAR rules final and applicable to all domestic registrants and
adopted minor amendments to the EDGAR rules, and Release No. 33-
7241, in which the Commission adopted the most recent update to the
Filer Manual and additional minor technical amendments to the EDGAR
rules.
\4\ 31 U.S.C. 9701. See Release No. 33-7331 (September 17, 1996)
[61 FR 49957], adopting, and Release No. 33-7293 (May 16, 1996) [61
FR 25601], proposing, the fee elimination.
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In addition, several submission types have been added to
accommodate existing rules. Specifically, new EDGAR submission type
``POS 8C'' has been added to accommodate filings of post-effective
amendments under the Securities Act of 1933 (the ``Securities Act'')
\5\ by certain investment companies. This submission type is to be used
by investment companies whose registration statements are filed on
Forms N-2 and N-5 for the submission of post-effective amendments under
the Securities Act, or for post-effective amendments under both the
Securities Act and the Investment Company Act of 1940.\6\ Also added
for investment companies are submission types ``485BXT,'' ``485BXTE,''
and ``485BXTF.'' These three submission types are to be used by open-
end investment companies submitting filings under Securities Act rule
485(b)(1)(v) to designate new effective dates for filings previously
made under Securities Act rule 485(a).\7\
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\5\ 15 U.S.C. 77a et seq.
\6\ 15 U.S.C. 80a-8, 80a-29, 80a-30 and 80a-37.
\7\ See Release Nos. IC-20486 (August 17, 1994) [59 FR 43460]
and IC-20486A (September 19, 1994) [59 FR 48798].
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Rule 301 of Regulation S-T also is being amended to provide for the
incorporation by reference of the Filer Manual into the Code of Federal
Regulations, which incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR Part 51. The revised Filer Manual and the amendment to Rule 301
will be effective on October 7, 1996.
Paper copies of the updated Filer Manual may be obtained at the
following address: Public Reference Room, U.S. Securities and Exchange
Commission, Mail Stop 1-2, 450 Fifth Street, N.W., Washington D.C.
20549. Electronic format copies will be available on the EDGAR
electronic bulletin board. Copies also may be obtained from Disclosure
Incorporated, the paper and microfiche contractor for the Commission,
at (800) 638-8241.
Since the Filer Manual relates solely to agency procedure or
practice, publication for notice and comment is not required under the
Administrative Procedure Act.\8\ It follows that the requirements of
the Regulatory Flexibility Act \9\ do not apply.
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\8\ 5 U.S.C. 601-612.
\9\ 5 U.S.C. 553(b).
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The effective date for the updated Filer Manual and the rule
amendments is October 7, 1996. In accordance with the Administrative
Procedure Act, 5 U.S.C. 553(d)(3), the Commission finds that there is
good cause to establish an effective date less than 30 days after
publication of these rules. The EDGAR system was upgraded to Release
5.10 on September 14, 1996, to add the new submission types and
implement technical system enhancements, and upgraded again on
Saturday, October 5, 1996, to implement system adjustments to
accommodate the elimination of IOAA fees, in anticipation of an
effective date of Monday, October 7, 1996. The Commission believes that
it is necessary to coordinate the effectiveness of the updated Filer
Manual with the effective date for the elimination of IOAA fees to
avoid confusion for EDGAR filers.
Statutory Basis
The amendment to Regulation S-T is being adopted under Sections 6,
7, 8, 10, and 19(a) of the Securities Act,\10\ Sections 3, 12, 13, 14,
15, 23, and 35A of the Securities Exchange Act of 1934,\11\ Section 20
of the Public Utility Holding Company Act of 1935,\12\ Section 319 of
the Trust Indenture Act of 1939,\13\ and Sections 8, 30, 31, and 38 of
the Investment Company Act of 1940.\14\
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\10\ 15 U.S.C. 77f, 77g, 77h, 77j and 77s(a).
\11\ 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w and 78ll.
\12\ 15 U.S.C. 79t.
\13\ 15 U.S.C. 77sss.
\14\ 15 U.S.C. 80a-8, 80a-29, 80a-30 and 80a-37.
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List of Subjects in 17 CFR Part 232
Incorporation by reference; Investment companies; Registration
requirements; Reporting and recordkeeping requirements; Securities.
Text of the Amendment
In accordance with the foregoing, Title 17, Chapter II of the Code
of Federal Regulations is amended as follows:
PART 232--REGULATION S-T--GENERAL RULES AND REGULATIONS FOR
ELECTRONIC FILINGS
1. The authority citation for Part 232 continues to read as
follows:
Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 77sss(a),
78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll(d), 79t(a), 80a-8, 80a-
29, 80a-30 and 80a-37.
2. Section 232.301 is revised to read as follows:
Sec. 232.301 EDGAR Filer Manual.
Electronic filings shall be prepared in the manner prescribed by
the EDGAR Filer Manual, promulgated by the Commission, which sets out
the technical formatting requirements for electronic submissions. The
September 1996 edition of the EDGAR Filer Manual: Guide for Electronic
Filing with the U.S. Securities and Exchange Commission (Release 5.10)
is incorporated into the Code of Federal Regulations by reference,
which action was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Compliance with the
requirements found therein is essential to the timely receipt and
acceptance of documents
[[Page 52285]]
filed with or otherwise submitted to the Commission in electronic
format. Paper copies of the EDGAR Filer Manual may be obtained at the
following address: Public Reference Room, U.S. Securities and Exchange
Commission, Mail Stop 1-2, 450 5th Street, N.W., Washington, D.C.
20549. They also may be obtained from Disclosure Incorporated by
calling (800) 638-8241. Electronic format copies are available through
the EDGAR electronic bulletin board. Information on becoming an EDGAR
E-mail/electronic bulletin board subscriber is available by contacting
CompuServe Inc. at (800) 848-8199.
By the Commission.
Dated: October 2, 1996.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 96-25815 Filed 10-4-96; 8:45 am]
BILLING CODE 8010-01-P
