Adoption of Updated EDGAR Filer Manual, 18465-18467 [E9-9314]
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Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Rules and Regulations
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 232
[Release Nos. 33–9027; 34–59776; 39–2465;
IC–28698]
Adoption of Updated EDGAR Filer
Manual
rwilkins on PROD1PC63 with RULES
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
updates to the EDGAR system. The
revisions were made primarily to
improve the Form D filing process. The
revisions to the Filer Manual reflect
changes within Volume I entitled
EDGAR Filer Manual, Volume I:
‘‘General Information,’’ Version 6
(March 2009) and Volume II entitled
EDGAR Filer Manual, Volume II:
‘‘EDGAR Filing,’’ Version 11 (March
2009). The updated manual will be
incorporated by reference into the Code
of Federal Regulations.
DATES: Effective Date: April 23, 2009.
The incorporation by reference of the
EDGAR Filer Manual is approved by the
Director of the Federal Register as of
April 23, 2009.
FOR FURTHER INFORMATION CONTACT: In
the Office of Information Technology,
contact Rick Heroux, at (202) 551–8800;
in the Office of Interactive Disclosure
for questions concerning the XBRL/
Interactive Data and the 2008 Mutual
Fund Risk/Return Summary Taxonomy
contact Jeffrey Naumann, Assistant
Director of the Office of Interactive
Disclosure, at (202) 551–5352; in the
Division of Corporation Finance, for
questions on saving a partially
completed Form D filing, minor Form D
screen changes, and the ability to attach
a PDF document to a Form ID
submission contact Cecile Peters, Chief,
Office of Information Technology, at
(202) 551–3600; Office of Disclosure
Regulation, at (202) 551–6784; and for
the removal of submission form types
497K1, 497K2, 497K3A and 497K3B, the
new submission form type 497K or
N–4 filings, contact Ruth Armfield
Sanders, Senior Special Counsel, Office
of Legal and Disclosure, at (202) 551–
6989; and in the Division of Trading and
Markets for the addition of the Office of
Thrift Supervision (OTS) as a new
Appropriate Regulatory Agency (ARA)
on InfoPath Forms TA–1 and
TA–1/A and the ability to use an older
version of the InfoPath Forms TA–1 and
VerDate Nov<24>2008
16:03 Apr 22, 2009
Jkt 217001
TA–1/A after they have been updated
contact Catherine Moore, Special
Counsel, Office of Clearance and
Settlement, at (202) 551–5710.
SUPPLEMENTARY INFORMATION: We are
adopting an updated EDGAR Filer
Manual, Volume I and 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 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 may consult the Filer
Manual in conjunction with our rules
governing mandated electronic filing
when preparing documents for
electronic submission.4
The EDGAR system was upgraded to
Release 9.15.1 on March 16, 2009 to
improve the Form D filing process by
allowing filers to save a partially
completed Form D filing offline to a
designated location on their computer.
The file generated can be used at a later
date to complete the Form D
submission. The Form D online
application can be accessed from the
EDGAR OnlineForms/XML Web site
(https://
www.onlineforms.edgarfiling.sec.gov) by
logging in and selecting the ‘‘File Form
D’’ link. Filers can also log in by
clicking the ‘‘Would you like to File a
Form D?’’ link from the EDGAR Portal
Web site (https://
www.portal.edgarfiling.sec.gov). Minor
Form D screen elements and
functionality will be updated. The
changes will be as follows:
• Issuer(s) Information screen:
Wording will be changed from ‘‘Primary
Filing Issuer’s Information:’’ to
‘‘Issuer(s) Identified in the Filing’’
• Item 1—Issuer’s Identity: The order
of the choices for ‘‘Year of
Incorporation/Organization’’ will be
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 April 16, 2009. See Release No. 33–9022
(April 8, 2009).
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 No. 33–9022 (April 8, 2009) in
which we implemented EDGAR Release 9.14. For
a complete history of Filer Manual rules, please see
the cites therein.
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Fmt 4700
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18465
changed so that ‘‘Over Five Years Ago’’
appears first and ‘‘Yet to be Formed’’ is
last
• Item 1—Issuer’s Identity: The
‘‘Previous Name’’ field will default to
None
• Item 6—Federal Exemption(s) and
Exclusion(s) Claimed: Help text will be
displayed when the filer hovers over the
‘‘Securities Act Section 4 (6)’’ label with
their mouse
• Item 6—Federal Exemption(s) and
Exclusion(s) Claimed:—If the filer has
chosen ‘‘Investment Company Act
Section 3(c)’’ under Item 6, the system
shall pre-populate the ‘‘Pooled
Investment Fund Interests’’ option
under Item 9. The filer will have the
option of retaining the ‘‘Investment
Company Act Section 3(C)’’ option if the
‘‘Pooled Investment Fund Interests’’
option is deselected.
• Item 12—Sales Compensation: The
State(s) of Solicitation list will be
limited to U.S. States and U.S.
Territories
• Item 13—Offering and Sales
Amounts: The ‘‘Total Remaining to be
Sold’’ calculation will be performed
before the filer leaves the screen
• Signature and Submission Screen:
The ‘‘I also am a duly authorized
representative of the other identified
issuer(s) in Item 1 above and authorized
to sign on their behalf’’ checkbox will
only be visible when there is more that
one issuer
• Signature and Submission Screen:
The following language will be inserted
directly above the signature block; ‘‘For
signature, type in the signer’s name or
other letters or characters adopted or
authorized as the signer’s signature.’’
The online Form ID application
process was updated to allow filers to
attach a scanned notarized
authentication PDF document to the
Form ID submission as an alternative to
faxing the document (does not apply to
updating passcodes or converting to an
electronic filer). Filers can complete a
fillable PDF version of the Form ID
document that can be found on the
SEC’s public Web site. Once completed,
the fillable PDF can be printed, signed,
notarized, scanned and attached to your
electronic Form ID application. Filers
can continue to fax their authentication
document if desired.
A new EDGAR submission form type
497K was added for the Summary
Prospectus effective March 31, 2009. It
cannot be filed before that date. Also,
effective March 31, 2009, EDGAR
submission form types 497K1, 497K2,
497K3A and 497K3B will be removed as
of close of business (5:30 PM EST)
March 30, 2009.
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23APR1
rwilkins on PROD1PC63 with RULES
18466
Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Rules and Regulations
EDGAR will not accept XBRL
submissions that include both EX–100
and EX–101 exhibit types within the
same submission. XBRL submissions
must use either EX–100 or EX–101. For
investment companies submitting under
the voluntary program, only document
type EX–100 may be used.
N–4 filings will no longer be
suspended if the company does not
have an 811 file number and is adding
series and classes in their N–4 filing.
Notices and orders related to form
type 40–8F–2 will be added to EDGAR.
The Office of Thrift Supervision
(OTS) was added as an Appropriate
Regulatory Agency (ARA) on
EDGARLite Forms TA–1 and TA–1/A.
In addition TA–1 filers can use older
versions of the EDGARLite Forms TA–
1 and TA–1/A after they’ve been
updated to a new version as long as the
older form version contains all required
fields. If the older form version does not
include all of the required fields, the
submission will be suspended and a
version that contains all required fields
must be used.
Revisions were also made to support
the 2008 Mutual Fund Risk/Return
Summary Taxonomy.
Chapter 6 (Interactive Data) of the
EDGAR Filer Manual, Volume II—
EDGAR Filing, has been updated to
make clarifications to the instructions
on XBRL/Interactive Data tagging.
EDGARLink submission template 3
was updated to add submission form
type 497K. It is highly recommended
that filers download, install, and use the
new EDGARLink software and
submission template to ensure that
submissions will be processed
successfully. Previous versions of the
templates may not work properly.
Notice of the update has previously
been provided on the EDGAR Filing
Web site and on the Commission’s
public Web site. The discrete updates
are reflected on the EDGAR Filing Web
site and in the updated Filer Manual,
Volume II.
It is anticipated that the EDGAR
system will be upgraded to Release
9.15.2 in the third quarter of fiscal year
2009. Within this minor release, EDGAR
will be modified to support the
validation of submission type SH–ER
information table XML documents
against the schema documents provided
in the EDGAR Submission Type SH–ER
Information Table XML Technical
Specification posted on https://
www.sec.gov.info/edgar.shtml.
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
VerDate Nov<24>2008
16:03 Apr 22, 2009
Jkt 217001
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 1520,
Washington, DC 20549, on official
business days between the hours of 10
a.m. and 3 p.m. 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.
Since the Filer Manual relates solely
to agency procedures or practice,
publication for notice and comment is
not required under the Administrative
Procedure Act (APA).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 April 23, 2009. In accordance with
the APA,7 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 9.15.1 became available on
March 16, 2009. 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 the system upgrade.
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
1933,8 Sections 3, 12, 13, 14, 15, 23, and
35A of the Securities Exchange Act of
1934,9 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.
Text of the Amendment
In accordance with the foregoing,
Title 17, Chapter II of the Code of
Federal Regulations is amended as
follows:
■
55
U.S.C. 553(b).
U.S.C. 601–612.
7 5 U.S.C. 553(d)(3).
8 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
9 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll.
10 15 U.S.C. 77sss.
11 15 U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37.
65
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Frm 00018
Fmt 4700
Sfmt 4700
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. 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
*
*
*
*
*
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 out 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 6 (March 2009).
The requirements for filing on EDGAR
are set forth in the updated EDGAR Filer
Manual, Volume II: ‘‘EDGAR Filing,’’
Version 11 (March 2009). 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 1520, Washington, DC
20549, on official business days
between the hours of 10 a.m. and 3 p.m.
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 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/
code_of_federal_regulations/
ibr_locations.html.
By the Commission.
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23APR1
Federal Register / Vol. 74, No. 77 / Thursday, April 23, 2009 / Rules and Regulations
Dated: April 16, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9–9314 Filed 4–22–09; 8:45 am]
This final rule would have no such
effect on State, local, or tribal
governments, or on the private sector.
Paperwork Reduction Act
BILLING CODE P
RIN 2900–AN35
Posttraumatic Stress Disorder
Nomenclature Changes
Department of Veterans Affairs.
ACTION: Final rule.
AGENCY:
SUMMARY: This document amends the
Department of Veterans Affairs (VA)
regulations by making nonsubstantive
changes. These changes are made for
clarity and accuracy.
DATES: Effective Date: These
amendments are effective April 23,
2009.
FOR FURTHER INFORMATION CONTACT:
William F. Russo, Director, Regulations
Management (02REG), Department of
Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC 20420, (202) 461–
7566. (This is not a toll-free number).
SUPPLEMENTARY INFORMATION: VA is
amending its regulations which contain
the term ‘‘post-traumatic stress
disorder’’ by changing that term to
‘‘posttraumatic stress disorder’’. We
have chosen to use the term
‘‘posttraumatic stress disorder’’ because
it has become the standard term used by
psychiatric professionals. See
Diagnostic and Statistical Manual of
Mental Disorders (4th ed.1994)
(published by the American Psychiatric
Association); see also Merck Manual of
Medical Information (2nd edition 2003);
and Dorland’s Illustrated Medical
Dictionary (31st edition 2007). No
substantive changes are intended by
these amendments.
Administrative Procedure Act
This final rule consists of
nonsubstantive changes and, therefore,
is not subject to the notice and comment
and effective date provisions of 5 U.S.C.
553.
rwilkins on PROD1PC63 with RULES
Unfunded Mandates
The Unfunded Mandates Reform Act
requires, at 2 U.S.C. 1532, that agencies
prepare an assessment of anticipated
costs and benefits before issuing any
rule that may result in an expenditure
by State, local, or tribal governments, in
the aggregate, or by the private sector of
$100 million or more in any given year.
16:03 Apr 22, 2009
1. The authority citation for part 4
continues to read as follows:
■
Jkt 217001
Authority: 38 U.S.C. 1155, unless
otherwise noted.
Regulatory Flexibility Act
38 CFR Parts 4 and 61
VerDate Nov<24>2008
PART 4—SCHEDULE FOR RATING
DISABILITIES
This document contains no provisions
constituting a collection of information
under the Paperwork Reduction Act (44
U.S.C. 3501–3521).
DEPARTMENT OF VETERANS
AFFAIRS
18467
§ 4.130
The Secretary hereby certifies that
this regulatory amendment will not
have a significant economic impact on
a substantial number of small entities as
they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601–612. This
amendment merely consists of
nonsubstantive changes. Therefore,
pursuant to 5 U.S.C. 605(b), this
amendment is exempt from the initial
and final regulatory flexibility analysis
requirements of sections 603 and 604.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance program numbers and titles
are 64.100, Automobiles and Adaptive
Equipment for Certain Disabled
Veterans and Members of the Armed
Forces; 64.101, Burial Expenses
Allowance for Veterans; 64.104, Pension
for Non-Service-Connected Disability
for Veterans; 64.105, Pension to
Veterans Surviving Spouses, and
Children; 64.106, Specially Adapted
Housing for Disabled Veterans; 64.109,
Veterans Compensation for ServiceConnected Disability; and 64.110,
Veterans Dependency and Indemnity
Compensation for Service-Connected
Death.
List of Subjects
Disability benefits, Pensions,
Veterans.
Appendix B to Part 4—[Amended]
3. Appendix B to Part 4 is amended
by revising ‘‘Post-traumatic’’ to read
‘‘Posttraumatic’’.
■
Appendix C to Part 4—[Amended]
4. Appendix C to Part 4 is amended
by revising ‘‘Post-traumatic’’ to read
‘‘Posttraumatic’’.
■
PART 61—VA HOMELESS PROVIDERS
GRANT AND PER DIEM PROGRAM
5. The authority citation for part 61
continues to read as follows:
■
Authority: 38 U.S.C. 501, 2002, 2011, 2012,
2061, 2064, 7721 note.
§ 61.1
[Amended]
6. In § 61.1, the definition of
‘‘Chronically mentally ill’’ is amended
by revising ‘‘post-traumatic’’ to read
‘‘posttraumatic’’.
■
[FR Doc. E9–8988 Filed 4–22–09; 8:45 am]
BILLING CODE P
POSTAL SERVICE
International Product and Price
Changes; Correction
ACTION:
Administrative practice and
procedure, Alcohol abuse, Alcoholism,
Day care, Dental health, Drug abuse,
Government contracts, Grant
programs—health, Grant programs—
veterans, Health care, Health facilities,
Health professions, Health records,
Homeless, Mental health programs,
Reporting and recordkeeping
requirements, Travel and transportation
expenses, Veterans.
Approved: April 15, 2009.
William F. Russo,
Director of Regulations Management.
For the reasons set forth in the
preamble, 38 CFR parts 4 and 61 are
amended as follows:
■
Fmt 4700
2. Section 4.130 is amended by
revising ‘‘Post-traumatic’’ to read
‘‘Posttraumatic’’.
■
Postal Service TM
Final rule; correction.
AGENCY:
38 CFR Part 61
Frm 00019
[Amended]
39 CFR Part 20
38 CFR Part 4
PO 00000
Subpart B—Disability Ratings
Sfmt 4700
SUMMARY: The Postal Service published
in the Federal Register of February 25,
2009, a document concerning
international product and price changes
for implementation in May 2009.
Inadvertently, Exhibit 292.452 included
in that document, did not include all
destination countries and price groups.
This document corrects the table.
DATES: This correction is effective and is
applicable on May 11, 2009. We will
implement this international price
change concurrent with our domestic
Mailing Services price change on May
11, 2009.
FOR FURTHER INFORMATION CONTACT: Rick
Klutts at 813–877–0372.
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Agencies
[Federal Register Volume 74, Number 77 (Thursday, April 23, 2009)]
[Rules and Regulations]
[Pages 18465-18467]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9314]
[[Page 18465]]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
17 CFR Part 232
[Release Nos. 33-9027; 34-59776; 39-2465; IC-28698]
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 updates to the EDGAR
system. The revisions were made primarily to improve the Form D filing
process. The revisions to the Filer Manual reflect changes within
Volume I entitled EDGAR Filer Manual, Volume I: ``General
Information,'' Version 6 (March 2009) and Volume II entitled EDGAR
Filer Manual, Volume II: ``EDGAR Filing,'' Version 11 (March 2009). The
updated manual will be incorporated by reference into the Code of
Federal Regulations.
DATES: Effective Date: April 23, 2009. The incorporation by reference
of the EDGAR Filer Manual is approved by the Director of the Federal
Register as of April 23, 2009.
FOR FURTHER INFORMATION CONTACT: In the Office of Information
Technology, contact Rick Heroux, at (202) 551-8800; in the Office of
Interactive Disclosure for questions concerning the XBRL/Interactive
Data and the 2008 Mutual Fund Risk/Return Summary Taxonomy contact
Jeffrey Naumann, Assistant Director of the Office of Interactive
Disclosure, at (202) 551-5352; in the Division of Corporation Finance,
for questions on saving a partially completed Form D filing, minor Form
D screen changes, and the ability to attach a PDF document to a Form ID
submission contact Cecile Peters, Chief, Office of Information
Technology, at (202) 551-3600; Office of Disclosure Regulation, at
(202) 551-6784; and for the removal of submission form types 497K1,
497K2, 497K3A and 497K3B, the new submission form type 497K or N-4
filings, contact Ruth Armfield Sanders, Senior Special Counsel, Office
of Legal and Disclosure, at (202) 551-6989; and in the Division of
Trading and Markets for the addition of the Office of Thrift
Supervision (OTS) as a new Appropriate Regulatory Agency (ARA) on
InfoPath Forms TA-1 and TA-1/A and the ability to use an older version
of the InfoPath Forms TA-1 and TA-1/A after they have been updated
contact Catherine Moore, Special Counsel, Office of Clearance and
Settlement, at (202) 551-5710.
SUPPLEMENTARY INFORMATION: We are adopting an updated EDGAR Filer
Manual, Volume I and 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 \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 April 16, 2009. See Release No. 33-9022 (April 8,
2009).
\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 may 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 No. 33-9022 (April 8, 2009) in which we
implemented EDGAR Release 9.14. For a complete history of Filer
Manual rules, please see the cites therein.
---------------------------------------------------------------------------
The EDGAR system was upgraded to Release 9.15.1 on March 16, 2009
to improve the Form D filing process by allowing filers to save a
partially completed Form D filing offline to a designated location on
their computer. The file generated can be used at a later date to
complete the Form D submission. The Form D online application can be
accessed from the EDGAR OnlineForms/XML Web site (https://www.onlineforms.edgarfiling.sec.gov) by logging in and selecting the
``File Form D'' link. Filers can also log in by clicking the ``Would
you like to File a Form D?'' link from the EDGAR Portal Web site
(https://www.portal.edgarfiling.sec.gov). Minor Form D screen elements
and functionality will be updated. The changes will be as follows:
Issuer(s) Information screen: Wording will be changed from
``Primary Filing Issuer's Information:'' to ``Issuer(s) Identified in
the Filing''
Item 1--Issuer's Identity: The order of the choices for
``Year of Incorporation/Organization'' will be changed so that ``Over
Five Years Ago'' appears first and ``Yet to be Formed'' is last
Item 1--Issuer's Identity: The ``Previous Name'' field
will default to None
Item 6--Federal Exemption(s) and Exclusion(s) Claimed:
Help text will be displayed when the filer hovers over the ``Securities
Act Section 4 (6)'' label with their mouse
Item 6--Federal Exemption(s) and Exclusion(s) Claimed:--If
the filer has chosen ``Investment Company Act Section 3(c)'' under Item
6, the system shall pre-populate the ``Pooled Investment Fund
Interests'' option under Item 9. The filer will have the option of
retaining the ``Investment Company Act Section 3(C)'' option if the
``Pooled Investment Fund Interests'' option is deselected.
Item 12--Sales Compensation: The State(s) of Solicitation
list will be limited to U.S. States and U.S. Territories
Item 13--Offering and Sales Amounts: The ``Total Remaining
to be Sold'' calculation will be performed before the filer leaves the
screen
Signature and Submission Screen: The ``I also am a duly
authorized representative of the other identified issuer(s) in Item 1
above and authorized to sign on their behalf'' checkbox will only be
visible when there is more that one issuer
Signature and Submission Screen: The following language
will be inserted directly above the signature block; ``For signature,
type in the signer's name or other letters or characters adopted or
authorized as the signer's signature.''
The online Form ID application process was updated to allow filers
to attach a scanned notarized authentication PDF document to the Form
ID submission as an alternative to faxing the document (does not apply
to updating passcodes or converting to an electronic filer). Filers can
complete a fillable PDF version of the Form ID document that can be
found on the SEC's public Web site. Once completed, the fillable PDF
can be printed, signed, notarized, scanned and attached to your
electronic Form ID application. Filers can continue to fax their
authentication document if desired.
A new EDGAR submission form type 497K was added for the Summary
Prospectus effective March 31, 2009. It cannot be filed before that
date. Also, effective March 31, 2009, EDGAR submission form types
497K1, 497K2, 497K3A and 497K3B will be removed as of close of business
(5:30 PM EST) March 30, 2009.
[[Page 18466]]
EDGAR will not accept XBRL submissions that include both EX-100 and
EX-101 exhibit types within the same submission. XBRL submissions must
use either EX-100 or EX-101. For investment companies submitting under
the voluntary program, only document type EX-100 may be used.
N-4 filings will no longer be suspended if the company does not
have an 811 file number and is adding series and classes in their N-4
filing.
Notices and orders related to form type 40-8F-2 will be added to
EDGAR.
The Office of Thrift Supervision (OTS) was added as an Appropriate
Regulatory Agency (ARA) on EDGARLite Forms TA-1 and TA-1/A. In addition
TA-1 filers can use older versions of the EDGARLite Forms TA-1 and TA-
1/A after they've been updated to a new version as long as the older
form version contains all required fields. If the older form version
does not include all of the required fields, the submission will be
suspended and a version that contains all required fields must be used.
Revisions were also made to support the 2008 Mutual Fund Risk/
Return Summary Taxonomy.
Chapter 6 (Interactive Data) of the EDGAR Filer Manual, Volume II--
EDGAR Filing, has been updated to make clarifications to the
instructions on XBRL/Interactive Data tagging.
EDGARLink submission template 3 was updated to add submission form
type 497K. It is highly recommended that filers download, install, and
use the new EDGARLink software and submission template to ensure that
submissions will be processed successfully. Previous versions of the
templates may not work properly. Notice of the update has previously
been provided on the EDGAR Filing Web site and on the Commission's
public Web site. The discrete updates are reflected on the EDGAR Filing
Web site and in the updated Filer Manual, Volume II.
It is anticipated that the EDGAR system will be upgraded to Release
9.15.2 in the third quarter of fiscal year 2009. Within this minor
release, EDGAR will be modified to support the validation of submission
type SH-ER information table XML documents against the schema documents
provided in the EDGAR Submission Type SH-ER Information Table XML
Technical Specification posted on https://www.sec.gov.info/edgar.shtml.
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 1520, Washington, DC 20549, on
official business days between the hours of 10 a.m. and 3 p.m. 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.
Since the Filer Manual relates solely to agency procedures or
practice, publication for notice and comment is not required under the
Administrative Procedure Act (APA).\5\ It follows that the requirements
of the Regulatory Flexibility Act \6\ do not apply.
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\5\ 5 U.S.C. 553(b).
\6\ 5 U.S.C. 601-612.
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The effective date for the updated Filer Manual and the rule
amendments is April 23, 2009. In accordance with the APA,\7\ 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 9.15.1 became available on March 16, 2009. 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 the system upgrade.
---------------------------------------------------------------------------
\7\ 5 U.S.C. 553(d)(3).
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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,\8\ Sections 3, 12,
13, 14, 15, 23, and 35A of the Securities Exchange Act of 1934,\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\
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\8\ 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
\9\ 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll.
\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.
Text of the Amendment
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), 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
* * * * *
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 updated EDGAR Filer Manual, Volume I: ``General
Information,'' Version 6 (March 2009). The requirements for filing on
EDGAR are set forth in the updated EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 11 (March 2009). 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 1520,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. 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 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/code_of_federal_regulations/ibr_locations.html.
By the Commission.
[[Page 18467]]
Dated: April 16, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-9314 Filed 4-22-09; 8:45 am]
BILLING CODE P