Adoption of Updated EDGAR Filer Manual

Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Rules and Regulations 2369 1We originally adopted the Filer Manual on April 1, 1993, with an effective date of April 26, 1993. Release No. 33–6986 (April 1, 1993) [58 FR 18638]. We implemented the most recent update to the Filer Manual on September 13, 2017. See Release No. 33– 10413 (September 13, 2017) [82 FR 45434]. 2See Rule 301 of Regulation S–T (17 CFR 232.301). 3See Release No. 33–10385 (July 6, 2017) [82 FR 35062] (implementing revisions to reflect EDGAR Release 17.2. For additional history of EDGAR Filer Manual revisions, please see the citations therein). 4The Commission previously adopted amendments requiring registrants to include a hyperlink to each exhibit listed in the exhibit index of certain filings, including filings on Form 10–D. See Release Nos. 33–10322, 34–80132 (March 1, 2017) [82 FR 14130 (March 17, 2017)]. (b) Unsafe Condition This AD defines the unsafe condition as a crack in a spindle, which, if not detected, could result in loss of a main rotor blade and subsequent loss of control of the helicopter. (c) Affected ADs This AD supersedes AD 2015–08–51, Amendment 39–18160 (80 FR 28172, May 18, 2015). (d) Effective Date This AD becomes effective February 21, 2018. (e) Compliance You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time. (f) Required Actions (1) Before further flight, remove from service any spindle P/N 28–14282–11 or 28– 14282–13 that has 1,500 or more hours time￾in-service (TIS). If the hours TIS of a spindle is unknown, use the TIS of the helicopter. Thereafter, remove from service any spindle P/N 28–14282–11 or 28–14282–13 before accumulating 1,500 hours TIS. (2) For each spindle with 500 or more hours TIS, using the hours TIS of the helicopter if the hours TIS of the spindle is unknown: (i) Before further flight, unless already done within the last 500 hours TIS, conduct a magnetic particle inspection (MPI) of the spindle for a crack, paying particular attention to the threaded portion of the spindle. The MPI of the spindle must be conducted by a Level II or Level III inspector qualified in the MPI in the Aeronautics Sector according to the EN4179 or NAS410 standard or equivalent. If there is a crack in the spindle, replace it with an airworthy spindle before further flight. (ii) Thereafter at intervals not to exceed 500 hours TIS, repeat the MPI specified in paragraph (f)(2)(i) of this AD. (g) Alternative Methods of Compliance (AMOCs) (1) The Manager, Chicago ACO Branch, FAA, may approve AMOCs for this AD. Send your proposal to: Manzoor Javed, Senior Aerospace Engineer, Chicago ACO Branch, Compliance and Airworthiness Division, FAA, 2300 East Devon Ave., Des Plaines, IL 60018; telephone (847) 294–8112; email manzoor.javed@faa.gov. (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office, before operating any aircraft complying with this AD through an AMOC. (h) Additional Information Enstrom Service Directive Bulletin Nos. 0119 and T–050, both Revision 3 and both dated June 24, 2016, which are not incorporated by reference, contain additional information about the subject of this AD. For service information identified in this AD, contact Enstrom Helicopter Corporation, 2209 22nd Street, Menominee, MI; telephone (906) 863–1200; fax (906) 863–6821; or at www.enstromhelicopter.com. You may review a copy of the service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. (i) Subject Joint Aircraft Service Component (JASC) Code: 6220, Main Rotor Head. Issued in Fort Worth, Texas, on January 8, 2018. James A. Grigg, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2018–00659 Filed 1–16–18; 8:45 am] BILLING CODE 4910–13–P SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 232 [Release Nos. 33–10444; 34–82246; 39– 2519; IC–32938] Adoption of Updated EDGAR Filer Manual AGENCY: Securities and Exchange Commission. ACTION: Final rule. SUMMARY: The Securities and Exchange Commission (the ‘‘Commission’’) is adopting revisions to the Electronic Data Gathering, Analysis, and Retrieval System (‘‘EDGAR’’) Filer Manual and related rules to reflect updates to the EDGAR system. The EDGAR system is scheduled to be upgraded on December 11, 2017. DATES: Effective January 17, 2018. The incorporation by reference of the EDGAR Filer Manual is approved by the Director of the Federal Register as of January 17, 2018. FOR FURTHER INFORMATION CONTACT: In the Division of Investment Management, for questions concerning Form N– LIQUID and additional data submission protocols for Form N–CEN, contact Heather Fernandez at (202) 551–6708; and in the Division of Corporation Finance, for questions concerning the combined Form 10–D/ABS–EE submission protocols or the new CERT submission form type, contact Heather Macintosh at (202) 551–8111. SUPPLEMENTARY INFORMATION: We are adopting an updated EDGAR Filer Manual, Volume II. The Filer Manual describes the technical formatting requirements for the preparation and submission of electronic filings through the EDGAR system.1 It also describes the requirements for filing using EDGARLink Online and the Online Forms/XML website. The revisions to the Filer Manual reflect changes within Volume II, entitled EDGAR Filer Manual, Volume II: ‘‘EDGAR Filing,’’ Version 44 (December 2017). The updated manual will be incorporated by reference into the Code of Federal Regulations. The Filer Manual contains all the technical specifications for filers to submit filings using the EDGAR system. Filers must comply with the applicable provisions of the Filer Manual in order to assure the timely acceptance and processing of filings made in electronic format.2 Filers may consult the Filer Manual in conjunction with our rules governing mandated electronic filing when preparing documents for electronic submission.3 The EDGAR system will be upgraded to Release 17.4 on December 11, 2017 and will introduce the changes referenced below. EDGAR Release 17.4 will update EDGAR to allow, but not require, asset￾backed securities filers to submit a combined Form 10–D and Form ABS– EE. The combined submission would allow filers to concurrently submit and create hyperlinks in Form 10–D to the Form ABS–EE exhibits incorporated by reference into the Form 10–D.4 The combined submission will be subject to a size limitation of 800MB, with 600MB for the Form ABS–EE submission and 200MB for the Form 10–D submission. Corresponding changes will be made to Chapter 5 (Constructing Attached Documents and Document Types) and Chapter 7 (Preparing and Transmitting EDGARLink Online Submissions) of the EDGAR Filer Manual, Volume II. EDGAR Release 17.4 will update EDGAR to allow, but not require, national securities exchanges to submit a new certification form type on EDGAR to evidence the approval of securities for listing on an exchange. EDGAR Release 17.4 will introduce submission VerDate Sep<11>2014 14:56 Jan 16, 2018 Jkt 244001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\17JAR1.SGM 17JAR1 ethrower on DSK3G9T082PROD with RULES

2370 Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Rules and Regulations 5See Release No. 33–10413 (adopting updates to reflect EDGAR Release 17.3). 6 5 U.S.C. 553(b)(A). 7 5 U.S.C. 601–612. 8 5 U.S.C. 553(d)(3). 9 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a). 10 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll. 11 15 U.S.C. 77sss. 12 15 U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37. form type CERT, a new EDGARLink Online submission form type. Instructions for making submissions of form type CERT will be added to Chapter 5 (Constructing Attached Documents and Document Types) and Chapter 7 (Preparing and Transmitting EDGARLink Online Submissions) of the EDGAR Filer Manual, Volume II. In Release No. 33–10233 (October 13, 2016) [81 FR 82142], the Commission adopted changes to the reporting requirements for open-end management investment companies. Among the changes was the adoption of new Form N–LIQUID, which requires all registered open-end funds (except money market funds) to confidentially notify the Commission when certain events related to their liquidity occur. EDGAR Release 17.4 will update EDGAR to provide a means of submitting information regarding liquidity events using the following form types: • Current Report Open-End Management Investment Company Liquidity on Form N–LIQUID (N– LIQUID); and • Amended Current Report Open-End Management Investment Company Liquidity Form N–LIQUID (N–LIQUID/ A). Changes will be made to Chapter 3 (Index to Forms) and Chapter 7 (Preparing and Transmitting Online Submissions) of the EDGAR Filer Manual, Volume II. In Release No. 33–10231 the Commission also adopted Form N–CEN, which will require investment companies, other than face amount certificate companies, to provide an annual report of census-type information in a structured format. EDGAR Release 17.3 added Form N– CEN and its related submission form types to EDGAR.5 As part of EDGAR Release 17.4, Chapter 7 (Preparing and Transmitting Online Submissions) of the EDGAR Filer Manual, Volume II will be revised to provide clarifying instructions for filers on how to submit an amended Form N–CEN that contains data from a previously accepted filing on Form N–CEN or N–CEN/A covering the same period-end. Finally, clarifying changes to the instructions for preparing documents that contain interactive data will be made to Chapter 5 (Constructing Attached Documents and Document Types) and Chapter 6 (Interactive Data) of the EDGAR Filer Manual, Volume II. Along with the adoption of the Filer Manual, we are amending Rule 301 of Regulation S–T to provide for the incorporation by reference into the Code of Federal Regulations of today’s revisions. This 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 updated EDGAR Filer Manual will be available for website viewing and printing; the address for the Filer Manual is https://www.sec.gov/info/ edgar/edmanuals.htm. You may also obtain paper copies of the EDGAR Filer Manual from the following address: Public Reference Room, U.S. Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Since the Filer Manual and the corresponding rule changes relate solely to agency procedures or practice, publication for notice and comment is not required under the Administrative Procedure Act (‘‘APA’’).6 It follows that the requirements of the Regulatory Flexibility Act 7 do not apply. The effective date for the updated Filer Manual and the rule amendments is January 17, 2018. In accordance with the APA,8 we find that there is good cause to establish an effective date less than 30 days after publication of these rules. The EDGAR system upgrade to Release 17.4 is scheduled to become available on December 11, 2017. The Commission believes that establishing an effective date less than 30 days after publication of these rules is necessary to coordinate the effectiveness of the updated Filer Manual with these system upgrades. Statutory Basis We are adopting the amendments to Regulation S–T under Sections 6, 7, 8, 10, and 19(a) of the Securities Act of 1933,9 Sections 3, 12, 13, 14, 15, 23, and 35A of the Securities Exchange Act of 1934,10 Section 319 of the Trust Indenture Act of 1939,11 and Sections 8, 30, 31, and 38 of the Investment Company Act of 1940.12 List of Subjects in 17 CFR Part 232 Incorporation by reference, 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 in part as follows: Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a–6(c), 80a–8, 80a–29, 80a–30, 80a–37, and 7201 et seq.; and 18 U.S.C. 1350, unless otherwise noted.

■ 2. Section 232.301 is revised to read as follows: § 232.301 EDGAR Filer Manual. Filers must prepare electronic filings in the manner prescribed by the EDGAR Filer Manual, promulgated by the Commission, which sets forth the technical formatting requirements for electronic submissions. The requirements for becoming an EDGAR Filer and updating company data are set forth in the updated EDGAR Filer Manual, Volume I: ‘‘General Information,’’ Version 29 (September 2017). The requirements for filing on EDGAR are set forth in the updated EDGAR Filer Manual, Volume II: ‘‘EDGAR Filing,’’ Version 44 (December 2017). Additional provisions applicable to Form N–SAR filers are set forth in the EDGAR Filer Manual, Volume III: ‘‘N– SAR Supplement,’’ Version 6 (January 2017). All of these provisions have been incorporated by reference into the Code of Federal Regulations, 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. You must comply with these requirements in order for documents to be timely received and accepted. The EDGAR Filer Manual is available for website viewing and printing; the address for the Filer Manual is https://www.sec.gov/ info/edgar/edmanuals.htm. You can obtain paper copies of the EDGAR Filer Manual from the following address: Public Reference Room, U.S. Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. You can also inspect the document at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https:// www.archives.gov/federal-register/cfr/ ibr-locations.html. By the Commission. VerDate Sep<11>2014 14:56 Jan 16, 2018 Jkt 244001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\17JAR1.SGM 17JAR1 ethrower on DSK3G9T082PROD with RULES

Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Rules and Regulations 2371 1 82 FR 38859 (Aug. 16, 2017). Dated: December 8, 2017. Brent J. Fields, Secretary. [FR Doc. 2018–00625 Filed 1–16–18; 8:45 am] BILLING CODE 8011–01–P LIBRARY OF CONGRESS Copyright Office 37 CFR Part 202 [Docket No. 2017–9] Simplifying Deposit Requirements for Certain Literary Works and Musical Compositions AGENCY: U.S. Copyright Office, Library of Congress. ACTION: Final rule. SUMMARY: The United States Copyright Office is issuing a final rule, amending regulations that govern the deposit requirements for certain types of literary works and musical compositions. The final rule is adopted as proposed in the notice of proposed rulemaking, though the Office provides some clarification regarding the rule’s application. DATES: Effective February 16, 2018. FOR FURTHER INFORMATION CONTACT: Sarang V. Damle, General Counsel and Associate Register of Copyrights, by email at sdam@loc.gov; Robert J. Kasunic, Associate Register of Copyrights and Director of Registration Policy and Practice, by email at rkas@ loc.gov; Erik Bertin, Deputy Director of Registration Policy and Practice, by email at ebertin@loc.gov; or Cindy Abramson, Assistant General Counsel, by email at ciab@loc.gov. All can be reached by telephone by calling 202– 707–8040. SUPPLEMENTARY INFORMATION: On August 16, 2017, the Copyright Office published a notice of proposed rulemaking (‘‘NPRM’’) to amend the regulations governing the deposit requirements for certain types of literary works (specifically, literary monographs) and musical compositions that are published in print formats. Under the previous regulations, two copies of the best edition were generally needed to register these types of works and to comply with the mandatory deposit requirement. Under the new rule, copyright owners will be able to satisfy both registration deposit and mandatory deposit requirements by submitting one copy of the best edition of the work. In the case of literary monographs, the Office will retain the right to demand a second copy under the mandatory deposit provision should the Library need it. As part of these changes, the rule also clarifies the deposit requirements for musical compositions published both in print and phonorecord formats, requiring the submission of the print version for purposes of copyright registration. If, however, the musical composition is published only as a phonorecord, the applicant should submit a copy of the phonorecord. All of these changes will improve the efficiency of registration and mandatory deposit for both the Office and copyright owners alike, ensuring that the Office has an adequate registration record and continuing to make these works available to the Library of Congress when needed for use in its collections or other disposition. The NPRM explained in detail the rationale for the rule changes.1 The Office solicited and received five comments, only two of which were substantive. Having reviewed and carefully considered the comments, the Copyright Office now issues a final rule identical to the proposed rule. While the Office does not believe the comments require any alteration to the rule itself, it does believe that some clarification would be helpful to both the commenters and copyright owners, and is provided here. The Association of American Publishers (‘‘AAP’’) filed a comment regarding the proposed rule as it relates to the deposit of literary monographs. While the comment appreciates that the rule ‘‘could reduce the financial burdens of publishers with respect to deposit regulations,’’ it nevertheless does not support the rule because it takes issue with the Library’s disposition of surplus works. AAP Comments at 2. AAP appears to believe that there is no authority in the Copyright Act for the Library’s disposition of surplus works and that the only authority comes from the Library’s own regulations. AAP Comments at 6–7. But as discussed in the NPRM, section 704 of the Copyright Act explicitly states that ‘‘[i]n the case of published works, all copies, phonorecords, and identifying material deposited are available to the Library of Congress for its collections, or for exchange or transfer to any other library.’’ 17 U.S.C. 704(b) (emphasis added). Furthermore, AAP’s concern about the Library’s disposition of surplus books would be diminished by adoption of the rule, which limits the volume of works (and thereby any surplus) coming in to the Library in the first place. AAP concedes that the rule should have that result. AAP Comments at 2. In part, a primary goal of the rule is to lessen the burden for publishers. Accordingly, the Office chooses to move forward with the rule as is and anticipates that AAP’s members will benefit significantly from the rule. The National Music Publishers’ Association (‘‘NMPA’’) filed a comment in support of the rule, subject to certain clarifications pertaining to the deposit of musical compositions. Specifically, NMPA wanted to clarify that ‘‘where musical works are originally published solely as phonorecords, and such musical works are properly deposited and registered in accordance with the statutory and regulatory directives . . . that the later publication of the same musical work in the form of a ‘copy’ does not create an additional burden to subsequently deposit and register the work in ‘copy’ form.’’ NMPA Comments at 2. The Office confirms that a later publication in the form of a ‘‘copy’’ does not create an additional deposit requirement. As NMPA correctly points out, the Copyright Act defines ‘‘best edition’’ as ‘‘the edition, published in the United States at any time before the date of deposit, that the Library of Congress determines to be most suitable for its purposes.’’ 17 U.S.C. 101 (emphasis added); NMPA Comments at 4. NMPA believes, and the Office agrees, that this definition limits a ‘‘best edition’’ to published works at the time of deposit— that is, at the time the deposit for copyright registration or mandatory deposit is made. NMPA Comments at 4– 5. Therefore, if only a phonorecord is published at the time of deposit, a subsequently published ‘‘copy’’ would not be a ‘‘best edition’’ and not be required for deposit. NMPA proposes language to the rule to clarify any confusion regarding subsequent publication of ‘‘copies.’’ The Office believes that the rule in its current form along with the current definition of ‘‘best edition’’ is sufficient and no changes need to be made to the rule. List of Subjects in 37 CFR Part 202 Copyright, Preregistration and registration of claims to copyright. Final Regulations For the reasons set forth in the preamble, the Copyright Office amends 37 CFR part 202 as follows: PART 202—GENERAL PROVISIONS ■ 1. The authority citation for part 202 continues to read as follows: VerDate Sep<11>2014 14:56 Jan 16, 2018 Jkt 244001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\17JAR1.SGM 17JAR1 ethrower on DSK3G9T082PROD with RULES