Adoption of Updated EDGAR Filer Manual

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. 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.

52284 Federal Register / Vol. 61, No. 195 / Monday, October 7, 1996 / Rules and Regulations 1The 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].
2See Rule 301 of Regulation S–T (17 CFR 232.301). 3See 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. 5 15 U.S.C. 77a et seq. 6 15 U.S.C. 80a–8, 80a–29, 80a–30 and 80a–37. 7See Release Nos. IC–20486 (August 17, 1994) [59 FR 43460] and IC–20486A (September 19, 1994) [59 FR 48798]. 8 5 U.S.C. 601–612. 9 5 U.S.C. 553(b). 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. 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 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 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. 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 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:
   § 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

Federal Register / Vol. 61, No. 195 / Monday, October 7, 1996 / Rules and Regulations 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