Adoption of Updated EDGAR Filer Manual; Correction and Delay of Implementation

SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 232
[Release Nos. 33–7405; 34–38419; 35– 26688; 39–2348; IC–22571] RIN 3235–AG96 Adoption of Updated EDGAR Filer Manual; Correction and Delay of Implementation AGENCY: Securities and Exchange Commission. ACTION: Final rule; correction and delay of implementation. SUMMARY: The Commission is correcting an amendment to Regulation S–T to conform to the Office of Federal Register’s requirements for incorporation by reference and postponing the implementation of an updated edition of the EDGAR Filer Manual which was published in the Federal Register on February 27, 1997 [62 FR 8877] in order to resolve technical issues that delayed system implementation from March 10, 197 to March 24, 1997. The incorporation by reference into the Code of Federal Regulations remains March 10, 1997. DATES: The correction to § 232.301 is effective March 10, 1997. The implementation of the new edition of the EDGAR Filer Manual is delayed until March 24, 1997. The incorporation by reference of the EDGAR Filer Manual approved by the Director of the Federal Register as of March 10, 1997 remains unchanged. 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; and for questions with respect to documents subject to review by the Division of Corporation Finance, Margaret R. Black at (202) 942–2940. SUPPLEMENTARY INFORMATION: On February 27, 1997, the Commission announced 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

Federal Register / Vol. 62, No. 56 / Monday, March 24, 1997 / Rules and Regulations 13821 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. 33–7394 (February 21,
1997) [61 FR 8877], and became effective on March
10, 1997.
2See 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; Release No. 33–7394, in which the Commission adopted the most recent update to the Filer Manual; and Release No. 33–7369 (December 5, 1996) [61 FR 65440], in which the Commission proposed additional minor technical amendments to the EDGAR rules. 3 17 CFR 274.21 (certificate of accounting of securities and similar investments in the custody of management investment companies filed pursuant to Rule 17f–1). 4 17 CFR 274.220 (certificate of accounting of securities and similar investments in the custody of management investment companies filed pursuant to Rule 7f–2). 5 17 CFR 240.23c–2(b) (notice by closed-end investment companies of intention to call or redeem their own securities). 6 17 CFR 274.221 (notification of periodic repurchase offer). 7 17 CFR 240.23c–3. Submission type ‘‘N–23C3A’’ is to be used for filings made pursuant to Rule 23c– 3(a) only; ‘‘N–23C3B,’’ Rule 23c–3(b) only; and ‘‘N– 23C3C,’’ Rule 23c–3(a) and (b). 8 17 CFR 230.462(b). 9 15 U.S.C. 77a et seq. The new submission types are: S–4MEF (for use in connection with registration statements filed on Form S–4 [17 CFR 239.25]) and F–4MEF (for use in connection with registration statements on Form F–4 [17 CFR 239.34]). All other submission types used for Rule 462(b) filings were added to the EDGAR system in November 1995. See Release No. 33–7241 (November 13, 1995) [60 FR 57682] 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. Filers should consult the Filer Manual in conjunction with the Commission’s rules governing mandated electronic filing when preparing documents for electronic submission.2 In this update, several submission types have been added to accommodate electronic submission of certain investment company filings. Specifically, new EDGAR submission types ‘‘40–17F1’’ and ‘‘40–17F2’’ have been added to accommodate the filing of Forms N–17F–1 3 and N–17F–2; 4 submission type ‘‘N–23C–2,’’ to accommodate filings under Rule 23c– 2(b); 5 and submission types ‘‘N– 23C3A,’’ ‘‘N–23C3B,’’ and ‘‘N–23C3C,’’ to accommodate the filing of Form N–23C–3,6 pursuant to Rule 23c–3.7 With respect to documents subject to review by the Division of Corporation Finance, two additional submission types have been added to accommodate more completely the electronic submission of filings made pursuant to Rule 462(b)
8 under the Securities Act of 1933.9 Rule 301 of Regulation S–T was 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 effective date of the amendment to Rule 301 will remain March 10, 1997. A minor correction is being made to conform to the Office of Federal Register’s requirements for incorporation by reference. Technical issues surfaced on the afternoon of March 7, 1997 that prevented system implementation on March 10, 1997. The Commission, therefore, is postponing the implementation of the Manual from March 10, 1997 to March 24, 1997. Need for Correction As published, the final regulations contain an error which may prove to be misleading and is in need of clarification. Correction of Publication Accordingly, the publication on February 27, 1997 of the final regulations, which were the subject of FR Doc. 97–4797, is corrected as follows:
§ 232.301 [Corrected]
On page 8876, second column, in § 232.301, last line, add a sentence to the end of the section to read as follows:

• • • Copies may be inspected at the
      Office of the Federal Register, Suite 700, 800 North Capitol Street, N.W., Washington, D.C. Dated: March 19, 1997. By the Commission. Jonathan G. Katz, Secretary. [FR Doc. 97–7340 Filed 3–21–97; 8:45 am] BILLING CODE 8010–01–M