Adoption of Updated EDGAR Filer Manual, 57130-57132 [05-19315]

Download as PDF 57130 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations relieve the permittee of his/her obligation to comply with all other applicable Federal, State, and local laws. Dated: September 23, 2005. Richard W. Spinrad, Assistant Administrator, Ocean Services and Coastal Zone Management, National Oceanic and Atmospheric Administration. [FR Doc. 05–19502 Filed 9–29–05; 8:45 am] BILLING CODE 3510–NK–P SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 232 [Release Nos. 33–8612; 34–52477; 35– 28033; 39–2439; IC–27070] RIN 3235–AG96 Adoption of Updated EDGAR Filer Manual Securities and Exchange Commission. ACTION: Final rule. AGENCY: SUMMARY: The Securities and Exchange Commission (the Commission) is adopting revisions to the Electronic Data Gathering, Analysis, and Retrieval System (EDGAR) Filer Manual to reflect changes made to improve, reorganize and restructure the EDGAR Filer Manual volumes to make it easier for filers and those wishing to apply for EDGAR access codes to locate the information that they need to apply for EDGAR access, maintain company information and submit a filing. With this reorganization, no changes have been made to the filing process. The revisions to the Filer Manual reflect changes within Volumes I, II and III, entitled ‘‘EDGAR Filer Manual Volume I General Information,’’ ‘‘EDGAR Filer Manual Volume II EDGAR Filing,’’ and ‘‘EDGAR Filer Manual Volume III N–SAR Supplement’’ respectively. The updated manual will be incorporated by reference into the Code of Federal Regulations. October 14, 2005. The incorporation by reference of the EDGAR Filer Manual is approved by the Director of the Federal Register as of October 14, 2005. FOR FURTHER INFORMATION CONTACT: In the Office of Information Technology, Rick Heroux, at (202) 551–8800; for questions concerning the Division of Corporation Finance filings, in the Division of Corporation Finance, Herbert Scholl, Office Chief, EDGAR and Information Analysis, at (202) 942– EFFECTIVE DATE: VerDate Aug<31>2005 15:28 Sep 29, 2005 Jkt 205001 2940; for questions concerning the Division of Investment Management filings, in the Division of Investment Management, Ruth Armfield Sanders, Senior Special Counsel, at (202) 551– 6989; and, in the Office of Filings and Information Services, Velma Smith, at (202) 942–8900. SUPPLEMENTARY INFORMATION: Today we are adopting an updated EDGAR Filer Manual (Filer Manual). The Filer Manual describes how to become an EDGAR filer and 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 2 and the Online Forms/ XML Web site. 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.3 Filers should consult the Filer Manual in conjunction with our rules governing mandated electronic filing when preparing documents for electronic submission.4 1 We 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 June 6, 2005. See Release No. 33–8573 (May 19, 2005) [70 FR 30899]. 2 This is the filer assistance software we provide filers filing on the EDGAR system. 3 See Rule 301 of Regulation S–T (17 CFR 232.301). 4 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] in which we comprehensively discuss the rules we adopted to govern mandated electronic filing. See also Release No. 33–7122 (December 19, 1994) [59 FR 67752], in which we made the EDGAR rules final and applicable to all domestic registrants; Release No. 33–7427 (July 1, 1997) [62 FR 36450], in which we adopted minor amendments to the EDGAR rules; Release No. 33– 7472 (October 24, 1997) [62 FR 58647], in which we announced that, as of January 1, 1998, we would not accept in paper filings that we require filers to submit electronically; Release No. 34–40934 (January 12, 1999) [64 FR 2843], in which we made mandatory the electronic filing of Form 13F; Release No. 33–7684 (May 17, 1999) [64 FR 27888], in which we adopted amendments to implement the first stage of EDGAR modernization; Release No. 33–7855 (April 24, 2000) [65 FR 24788], in which we implemented EDGAR Release 7.0; Release No. 33–7999 (August 7, 2001) [66 FR 42941], in which we implemented EDGAR Release 7.5; Release No. 33–8007 (September 24, 2001) [66 FR 49829], in which we implemented EDGAR Release 8.0; Release No. 33–8224 (April 30, 2003) [66 FR 24345], in which we implemented EDGAR Release 8.5; Release Nos. 33–8255 (July 22, 2003) [68 FR 44876] and 33–8255A (September 4, 2003) [68 FR 53289] in which we implemented EDGAR Release 8.6; Release No. 33–8409 (April 19, 2004) [69 FR 21954] in which we implemented EDGAR Release 8.7; PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 The revisions to the EDGAR Filer Manual volumes are being made to improve, reorganize and restructure the EDGAR Filer Manual volumes to make it easier for filers, and those wishing to apply for EDGAR access codes, to locate the information that they need to apply for EDGAR access, maintain company information and submit electronic filings. The EDGAR Filer Manual has also been rearranged to eliminate information that was repeated between the different volumes and to be more aligned with the logical functions performed by EDGAR users. The reorganized filer manual does not include any changes to the filing process. The EDGAR Filer Manual Volume I General Information covers the EDGAR application process, outlines how to keep company data, which is stored in EDGAR, current and provides a brief introduction to the filing process. The appendices in this volume, as well as those that are a part of the other volumes, ‘‘Glossary of Commonly Used Terms, Acronyms, and Abbreviations’’ and ‘‘Frequently Asked Questions’’ for example, only contain information specific to the processes and concepts covered within the volume. The appendices are no longer repeated in each volume. Volume I is intended to be a reference for those that need to obtain EDGAR access, those that are new to EDGAR and those that are responsible for keeping company information current. The EDGAR Filer Manual Volume II EDGAR Filing focuses entirely on the filing process. It illustrates each step of the process to submit an electronic submission and helps filers understand the tools provided by the SEC for constructing and transmitting those submissions, concisely consolidating information previously provided in the former EDGAR Release 9.0 EDGARLink Filer Manual Volume I and EDGAR Release 9.0 OnlineForms Filer Manual Volume III. It also provides a much improved Index to Forms which, in addition to the Submission Type and Description, adds the name of the tool (e.g., EDGARLink or Online Forms/XML Web site), the template number that contains that particular submission type and the Filer Constructed Form Specification (formerly known as ‘‘Reduced Content Filing Specification’’) that should be used by those that Release No. 33–8454 (August 6, 2004) [69 FR 49803] in which we implemented EDGAR Release 8.8; Release No. 33–8528 (February 3, 2005) [70 FR 6573] in which we implemented EDGAR Release 8.10; and Release No. 33–8573 (May 19, 2005) [70 FR 30899] in which we implemented EDGAR Release 9.0. E:\FR\FM\30SER1.SGM 30SER1 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations prepare filings without using EDGARLink or the OnlineForms/XML Web site. The Index to Forms is provided in alphanumeric order, which can be used by those that only know the submission type, as well as by Act. This volume is intended to be a reference for those that are responsible for submitting filings to the SEC via the EDGAR system. The EDGAR Filer Manual Volume III N–SAR Supplement is the guide for preparing the electronic submissions of Form N–SAR. While this volume used to be Volume II of the EDGAR Filer Manual, its current content has remained essentially unchanged with the exception of the minor modifications necessary to update references to the other updated Filer Manual volumes. Prior to the reorganization of the EDGAR Filer Manual, the version numbers assigned to each volume were based upon the EDGAR release number in which it was implemented. As of this revised Filer Manual, each volume will be baselined at Version One and will no longer follow the EDGAR release numbers. This will prevent the need to make changes to the EDGAR Filer Manual volumes simply to update the EDGAR release when none of the other content has been changed. The EDGAR Filer Manual volumes will only be updated when changes are made to the functions contained within a particular volume. Filers should consult the SEC’s Public Web site, EDGAR Filing Web site or the EDGAR OnlineForms/XML Web site to determine the current version of the software or documents. The SEC maintains a number of Web sites and URLs to support the filing process. As more sites and URLs have been developed, it has become more complicated for filers to find the correct site for a single function. To give filers a central location from which they can navigate to the EDGAR Web site that they need to access rather than having to remember the different URLs to each of the EDGAR Filing Web sites, we created an EDGAR Gateway Web site that can be reached at the following URL: https:// www.portal.edgarfiling.sec.gov. The use of the new EDGAR Gateway Web site is optional. The existing EDGAR Filer Management, EDGAR Filing and EDGAR OnlineForms/XML Web sites can still be accessed as they have previously. The EDGAR Gateway Web site is expected to be available on or about September 26, 2005. Along with adoption of the Filer Manual, we are amending Rule 301 of Regulation S–T to provide for the incorporation by reference into the Code VerDate Aug<31>2005 15:28 Sep 29, 2005 Jkt 205001 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. You may obtain paper copies of the updated Filer Manual at the following address: Public Reference Room, U.S. Securities and Exchange Commission, 100 F Street, NE., Room 1580, Washington DC 20549. We will post electronic format copies on the Commission’s Web site; the address for the Filer Manual is https://www.sec.gov/ info/edgar.shtml. You may also obtain copies from Thomson Financial, the paper document contractor for the Commission, at (800) 638–8241. Since the Filer Manual relates solely to agency procedures or practice, publication for notice and comment is not required under the Administrative Procedure Act.5 It follows that the requirements of the Regulatory Flexibility Act 6 do not apply. The effective date for the updated Filer Manual and the rule amendments is fourteen (14) days after publication in the Federal Register. Because the changes made to reorganize the Filer Manual were made solely for the purposes of clarity and do not change the filing process, we find that there is good cause to establish an effective date less than 30 days after publication of these rules. 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 1933,7 Sections 3, 12, 13, 14, 15, 23, and 35A of the Securities Exchange Act of 1934,8 Section 20 of the Public Utility Holding Company Act of 1935,9 Section 319 of the Trust Indenture Act of 1939,10 and Sections 8, 30, 31, and 38 of the Investment Company Act of 1940.11 List of Subjects in 17 CFR Part 232 Incorporation by reference, Reporting and recordkeeping requirements, Securities. In accordance with the foregoing, Title 17, Chapter II of the Code of Federal Regulations is amended as follows: I 55 U.S.C. 553(b). U.S.C. 601–612. 7 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a). 8 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll. 9 15 U.S.C. 79t. 10 15 U.S.C. 77sss. 11 15 U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37. 65 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 57131 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: I 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, 80a–37, and 7201 et seq.; and 18 U.S.C. 1350. * * * * * 2. Section 232.301 is revised to read as follows: I § 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 out the technical formatting requirements for electronic submissions. The requirements for becoming an EDGAR Filer and updating company data are set forth in the EDGAR Filer Manual, Volume I: ‘‘General Information,’’ Version 1 (September 2005). The requirements for filing on EDGAR are set forth in the EDGAR Filer Manual, Volume II: ‘‘EDGAR Filing,’’ Version 1 (September 2005). Additional provisions applicable to Form N–SAR filers are set forth in the EDGAR Filer Manual, Volume III: ‘‘N–SAR Supplement,’’ Version 1 (September 2005). 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. 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, Room 1580, Washington, DC 20549 or by calling Thomson Financial at (800) 638–8241. Electronic copies are available on the Commission’s Web site. The address for the Filer Manual is https://www.sec.gov/info/edgar.shtml. You can also photocopy 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/ code_of_federal_regulations/ ibr_locations.html. Dated: September 21, 2005. E:\FR\FM\30SER1.SGM 30SER1 57132 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations By the Commission. Jonathan G. Katz, Secretary. [FR Doc. 05–19315 Filed 9–29–05; 8:45 am] BILLING CODE 8010–01–P SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 404 and 416 [Regulations No. 4 and 16] RIN 0960–AF21 Reinstatement of Entitlement to Disability Benefits Social Security Administration. Final rules. AGENCY: ACTION: SUMMARY: We are publishing final rules regarding the Reinstatement of Entitlement (Expedited Reinstatement) provision in section 112 of the Ticket to Work and Work Incentives Improvement Act of 1999. This provision allows former Social Security disability and Supplemental Security Income (SSI) disability or blindness beneficiaries, whose entitlement or eligibility had been terminated due to their work activity, to have their entitlement or eligibility reinstated in a timely fashion if they become unable to do substantial gainful work. These rules provide beneficiaries an additional incentive to return to work. DATES: Effective Date: These final rules are effective on October 31, 2005. Electronic Version: The electronic file of this document is available on the date of publication in the Federal Register at https://www.gpoaccess.gov/fr/ index.html. It is also available on the Internet site for SSA (i.e., Social Security Online): https:// www.socialsecurity.gov/regulations/. FOR FURTHER INFORMATION CONTACT: John Nelson, Team Leader, Employment Policy Team, Office of Program Development and Research, Social Security Administration, 6401 Security Boulevard, Room 128 Altmeyer Building, Baltimore, Maryland 21235– 6401, (410) 966–5114 or TTY (410) 966– 5609. For information on eligibility or filing for benefits: Call our national tollfree number, 1–(800) 772–1213 or TTY 1–(800) 325–0778, or visit our Internet web site, Social Security Online, at https://www.socialsecurity.gov/. SUPPLEMENTARY INFORMATION: Background The expedited reinstatement provision, along with other work incentives and the Ticket to Work program contained in the Ticket to VerDate Aug<31>2005 15:28 Sep 29, 2005 Jkt 205001 Work and Work Incentives Improvement Act of 1999 (Pub. L. 106– 170) is intended to expand your options as a Social Security disability beneficiary or a disabled or blind Supplemental Security Income recipient. We expect that the expedited reinstatement provision along with other provisions in the Ticket to Work and Work Incentives Improvement Act of 1999 will remove some of the disincentives that may discourage you from either attempting to work or increasing your work activity. If more beneficiaries with disabilities engage in self-supporting work, the net result will be an increase in the independence of disabled beneficiaries, a reduction in the Social Security and Supplemental Security Income disability rolls, and savings to the Social Security Trust Fund and general revenues. General Goals of the Expedited Reinstatement Provision The expedited reinstatement provision is intended to relieve some concerns you may have about returning to work. If we terminate your entitlement or eligibility for benefits due to your work activity, this provision provides you an easier way to have your entitlement or eligibility reinstated and to be placed back into payment status. This process should ease some concerns you may have about what will happen if your attempt to return to work is unsuccessful. Advice of the Ticket to Work and Work Incentives Advisory Panel During the preparation of these final rules, we consulted with the Ticket to Work and Work Incentives Advisory Panel. The Ticket to Work and Work Incentives Advisory Panel was established by section 101(f) of the Ticket to Work and Work Incentives Improvement Act of 1999. This panel advises the President, the Congress, and us on issues related to work incentive programs, planning and assistance for individuals with disabilities and the Ticket to Work Program established under this Act. Section 112 of the Ticket to Work and Work Incentives Improvement Act of 1999 Congress indicated that the purpose of section 112 of the Ticket to Work and Work Incentives Improvement Act of 1999 (the expedited reinstatement provision) was to encourage disability beneficiaries to return to work by reassuring them that if they meet our disability standards their benefits would be restored in a timely fashion should PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 they become unable to continue working. The expedited reinstatement provision provides a method for you to have your disability benefits reinstated without filing an application if you have had your entitlement to, or eligibility for, benefits terminated due to your work activity during the previous 5 years, and you can no longer do substantial gainful activity. Effect of the Expedited Reinstatement Provision The expedited reinstatement provision provides you another option for regaining entitlement to benefits under title II and eligibility under title XVI of the Act after we have terminated your entitlement to or eligibility for disability benefits due to your work activity. If you file a request for expedited reinstatement, you can still file a new application for benefits under existing initial claim rules. Prior to the effective date of this provision, when we terminated your entitlement or eligibility due to work activity, you were required to file a new application to become entitled to or eligible for benefits again. We processed your application under rules that required a new disability determination using the medical requirements that we apply when you file an initial claim for benefits. You generally were entitled to receive benefits only after we processed your entitlement or eligibility determination. If we determined that you again qualified for benefits, you became eligible for work incentives such as the trial work period, the reentitlement period, and special SSI eligibility status under your new period of disability. The expedited reinstatement provision provides you the option of requesting that your prior entitlement to or eligibility for disability benefits be reinstated, rather than filing a new application for a new period of entitlement or eligibility. Since January 1, 2001, you can request to be reinstated to benefits if you stop doing substantial gainful activity within 60 months of your prior termination. At the time you request reinstatement, you must be unable to engage in substantial gainful activity because of your medical condition. Your current impairment must be the same as or related to your prior impairment and you must be disabled. To determine if you are disabled, we will use our medical improvement review standard that we use in our continuing disability review process. Under the medical improvement review standard, we will generally find that you are disabled, E:\FR\FM\30SER1.SGM 30SER1

Agencies

[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Rules and Regulations]
[Pages 57130-57132]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19315]


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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 232

[Release Nos. 33-8612; 34-52477; 35-28033; 39-2439; IC-27070]
RIN 3235-AG96


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 to reflect changes made to 
improve, reorganize and restructure the EDGAR Filer Manual volumes to 
make it easier for filers and those wishing to apply for EDGAR access 
codes to locate the information that they need to apply for EDGAR 
access, maintain company information and submit a filing. With this 
reorganization, no changes have been made to the filing process.
    The revisions to the Filer Manual reflect changes within Volumes I, 
II and III, entitled ``EDGAR Filer Manual Volume I General 
Information,'' ``EDGAR Filer Manual Volume II EDGAR Filing,'' and 
``EDGAR Filer Manual Volume III N-SAR Supplement'' respectively. The 
updated manual will be incorporated by reference into the Code of 
Federal Regulations.

EFFECTIVE DATE: October 14, 2005. The incorporation by reference of the 
EDGAR Filer Manual is approved by the Director of the Federal Register 
as of October 14, 2005.

FOR FURTHER INFORMATION CONTACT: In the Office of Information 
Technology, Rick Heroux, at (202) 551-8800; for questions concerning 
the Division of Corporation Finance filings, in the Division of 
Corporation Finance, Herbert Scholl, Office Chief, EDGAR and 
Information Analysis, at (202) 942-2940; for questions concerning the 
Division of Investment Management filings, in the Division of 
Investment Management, Ruth Armfield Sanders, Senior Special Counsel, 
at (202) 551-6989; and, in the Office of Filings and Information 
Services, Velma Smith, at (202) 942-8900.

SUPPLEMENTARY INFORMATION: Today we are adopting an updated EDGAR Filer 
Manual (Filer Manual). The Filer Manual describes how to become an 
EDGAR filer and 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 \2\ and the Online Forms/XML Web site.
---------------------------------------------------------------------------

    \1\ We 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 June 6, 2005. See Release No. 33-8573 (May 19, 2005) 
[70 FR 30899].
    \2\ This is the filer assistance software we provide filers 
filing on the EDGAR system.
---------------------------------------------------------------------------

    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.\3\ Filers should consult the Filer Manual in conjunction with 
our rules governing mandated electronic filing when preparing documents 
for electronic submission.\4\
---------------------------------------------------------------------------

    \3\ See Rule 301 of Regulation S-T (17 CFR 232.301).
    \4\ 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] 
in which we comprehensively discuss the rules we adopted to govern 
mandated electronic filing. See also Release No. 33-7122 (December 
19, 1994) [59 FR 67752], in which we made the EDGAR rules final and 
applicable to all domestic registrants; Release No. 33-7427 (July 1, 
1997) [62 FR 36450], in which we adopted minor amendments to the 
EDGAR rules; Release No. 33-7472 (October 24, 1997) [62 FR 58647], 
in which we announced that, as of January 1, 1998, we would not 
accept in paper filings that we require filers to submit 
electronically; Release No. 34-40934 (January 12, 1999) [64 FR 
2843], in which we made mandatory the electronic filing of Form 13F; 
Release No. 33-7684 (May 17, 1999) [64 FR 27888], in which we 
adopted amendments to implement the first stage of EDGAR 
modernization; Release No. 33-7855 (April 24, 2000) [65 FR 24788], 
in which we implemented EDGAR Release 7.0; Release No. 33-7999 
(August 7, 2001) [66 FR 42941], in which we implemented EDGAR 
Release 7.5; Release No. 33-8007 (September 24, 2001) [66 FR 49829], 
in which we implemented EDGAR Release 8.0; Release No. 33-8224 
(April 30, 2003) [66 FR 24345], in which we implemented EDGAR 
Release 8.5; Release Nos. 33-8255 (July 22, 2003) [68 FR 44876] and 
33-8255A (September 4, 2003) [68 FR 53289] in which we implemented 
EDGAR Release 8.6; Release No. 33-8409 (April 19, 2004) [69 FR 
21954] in which we implemented EDGAR Release 8.7; Release No. 33-
8454 (August 6, 2004) [69 FR 49803] in which we implemented EDGAR 
Release 8.8; Release No. 33-8528 (February 3, 2005) [70 FR 6573] in 
which we implemented EDGAR Release 8.10; and Release No. 33-8573 
(May 19, 2005) [70 FR 30899] in which we implemented EDGAR Release 
9.0.
---------------------------------------------------------------------------

    The revisions to the EDGAR Filer Manual volumes are being made to 
improve, reorganize and restructure the EDGAR Filer Manual volumes to 
make it easier for filers, and those wishing to apply for EDGAR access 
codes, to locate the information that they need to apply for EDGAR 
access, maintain company information and submit electronic filings. The 
EDGAR Filer Manual has also been rearranged to eliminate information 
that was repeated between the different volumes and to be more aligned 
with the logical functions performed by EDGAR users. The reorganized 
filer manual does not include any changes to the filing process.
    The EDGAR Filer Manual Volume I General Information covers the 
EDGAR application process, outlines how to keep company data, which is 
stored in EDGAR, current and provides a brief introduction to the 
filing process. The appendices in this volume, as well as those that 
are a part of the other volumes, ``Glossary of Commonly Used Terms, 
Acronyms, and Abbreviations'' and ``Frequently Asked Questions'' for 
example, only contain information specific to the processes and 
concepts covered within the volume. The appendices are no longer 
repeated in each volume. Volume I is intended to be a reference for 
those that need to obtain EDGAR access, those that are new to EDGAR and 
those that are responsible for keeping company information current.
    The EDGAR Filer Manual Volume II EDGAR Filing focuses entirely on 
the filing process. It illustrates each step of the process to submit 
an electronic submission and helps filers understand the tools provided 
by the SEC for constructing and transmitting those submissions, 
concisely consolidating information previously provided in the former 
EDGAR Release 9.0 EDGARLink Filer Manual Volume I and EDGAR Release 9.0 
OnlineForms Filer Manual Volume III. It also provides a much improved 
Index to Forms which, in addition to the Submission Type and 
Description, adds the name of the tool (e.g., EDGARLink or Online 
Forms/XML Web site), the template number that contains that particular 
submission type and the Filer Constructed Form Specification (formerly 
known as ``Reduced Content Filing Specification'') that should be used 
by those that

[[Page 57131]]

prepare filings without using EDGARLink or the OnlineForms/XML Web 
site. The Index to Forms is provided in alphanumeric order, which can 
be used by those that only know the submission type, as well as by Act. 
This volume is intended to be a reference for those that are 
responsible for submitting filings to the SEC via the EDGAR system.
    The EDGAR Filer Manual Volume III N-SAR Supplement is the guide for 
preparing the electronic submissions of Form N-SAR. While this volume 
used to be Volume II of the EDGAR Filer Manual, its current content has 
remained essentially unchanged with the exception of the minor 
modifications necessary to update references to the other updated Filer 
Manual volumes.
    Prior to the reorganization of the EDGAR Filer Manual, the version 
numbers assigned to each volume were based upon the EDGAR release 
number in which it was implemented. As of this revised Filer Manual, 
each volume will be baselined at Version One and will no longer follow 
the EDGAR release numbers. This will prevent the need to make changes 
to the EDGAR Filer Manual volumes simply to update the EDGAR release 
when none of the other content has been changed. The EDGAR Filer Manual 
volumes will only be updated when changes are made to the functions 
contained within a particular volume. Filers should consult the SEC's 
Public Web site, EDGAR Filing Web site or the EDGAR OnlineForms/XML Web 
site to determine the current version of the software or documents.
    The SEC maintains a number of Web sites and URLs to support the 
filing process. As more sites and URLs have been developed, it has 
become more complicated for filers to find the correct site for a 
single function. To give filers a central location from which they can 
navigate to the EDGAR Web site that they need to access rather than 
having to remember the different URLs to each of the EDGAR Filing Web 
sites, we created an EDGAR Gateway Web site that can be reached at the 
following URL: https://www.portal.edgarfiling.sec.gov. The use of the 
new EDGAR Gateway Web site is optional. The existing EDGAR Filer 
Management, EDGAR Filing and EDGAR OnlineForms/XML Web sites can still 
be accessed as they have previously. The EDGAR Gateway Web site is 
expected to be available on or about September 26, 2005.
    Along with 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.
    You may obtain paper copies of the updated Filer Manual at the 
following address: Public Reference Room, U.S. Securities and Exchange 
Commission, 100 F Street, NE., Room 1580, Washington DC 20549. We will 
post electronic format copies on the Commission's Web site; the address 
for the Filer Manual is https://www.sec.gov/info/edgar.shtml. You may 
also obtain copies from Thomson Financial, the paper document 
contractor for the Commission, at (800) 638-8241.
    Since the Filer Manual relates solely to agency procedures or 
practice, publication for notice and comment is not required under the 
Administrative Procedure Act.\5\ It follows that the requirements of 
the Regulatory Flexibility Act \6\ do not apply.
---------------------------------------------------------------------------

    \5\ 5 U.S.C. 553(b).
    \6\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

    The effective date for the updated Filer Manual and the rule 
amendments is fourteen (14) days after publication in the Federal 
Register. Because the changes made to reorganize the Filer Manual were 
made solely for the purposes of clarity and do not change the filing 
process, we find that there is good cause to establish an effective 
date less than 30 days after publication of these rules.

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,\7\ Sections 3, 12, 
13, 14, 15, 23, and 35A of the Securities Exchange Act of 1934,\8\ 
Section 20 of the Public Utility Holding Company Act of 1935,\9\ 
Section 319 of the Trust Indenture Act of 1939,\10\ and Sections 8, 30, 
31, and 38 of the Investment Company Act of 1940.\11\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
    \8\ 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll.
    \9\ 15 U.S.C. 79t.
    \10\ 15 U.S.C. 77sss.
    \11\ 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, Reporting and recordkeeping 
requirements, Securities.

0
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

0
1. The authority citation for Part 232 continues to read in part 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, 80a-37, and 7201 et seq.; and 18 U.S.C. 1350.
* * * * *
0
2. Section 232.301 is revised to read as follows:


Sec.  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 out 
the technical formatting requirements for electronic submissions. The 
requirements for becoming an EDGAR Filer and updating company data are 
set forth in the EDGAR Filer Manual, Volume I: ``General Information,'' 
Version 1 (September 2005). The requirements for filing on EDGAR are 
set forth in the EDGAR Filer Manual, Volume II: ``EDGAR Filing,'' 
Version 1 (September 2005). Additional provisions applicable to Form N-
SAR filers are set forth in the EDGAR Filer Manual, Volume III: ``N-SAR 
Supplement,'' Version 1 (September 2005). 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. 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, Room 1580, Washington, DC 20549 
or by calling Thomson Financial at (800) 638-8241. Electronic copies 
are available on the Commission's Web site. The address for the Filer 
Manual is https://www.sec.gov/info/edgar.shtml. You can also photocopy 
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/federalregister/
code_of_federal_regulations/ibr_locations.html.

    Dated: September 21, 2005.


[[Page 57132]]


    By the Commission.
Jonathan G. Katz,
Secretary.
[FR Doc. 05-19315 Filed 9-29-05; 8:45 am]
BILLING CODE 8010-01-P
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