Adoption of Updated EDGAR Filer Manual, 1514-1516 [2011-378]
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1514
Federal Register / Vol. 76, No. 7 / Tuesday, January 11, 2011 / Rules and Regulations
listed in this document will be
published subsequently in the Order.
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) Part 71 by
amending Class E airspace for the
Horseshoe Bay, TX area.
Decommissioning of the Horseshoe Bay
Resort NDB and cancellation of the NDB
approach at Horseshoe Bay Resort
Airport has made this action necessary
for the safety and management of IFR
operations at the airport. This action
also reflects the name change of the
airport from Horseshoe Bay Airpark to
Horseshoe Bay Resort Airport.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation: (1) Is
not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the U.S. Code. Subtitle 1,
section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the agency’s
authority. This rulemaking is
promulgated under the authority
described in subtitle VII, part A, subpart
I, section 40103. Under that section, the
FAA is charged with prescribing
regulations to assign the use of airspace
necessary to ensure the safety of aircraft
and the efficient use of airspace. This
regulation is within the scope of that
authority as it amends controlled
airspace at Horseshoe Bay Resort
Airport, Horseshoe Bay, TX.
emcdonald on DSK2BSOYB1PROD with RULES
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
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17:05 Jan 10, 2011
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1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of the Federal Aviation
Administration Order 7400.9U,
Airspace Designations and Reporting
Points, dated August 18, 2010, and
effective September 15, 2010 is
amended as follows:
■
*
*
*
*
*
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface.
*
*
*
*
*
ASW TX E5 Austin, Horseshoe Bay Resort
Airport, TX [Amended]
Horseshoe Bay Resort Airport, TX
(Lat. 30°31′37″ N., long. 98°21′32″ W.)
That airspace extending upward from 700
feet above the surface within a 6.5-mile
radius of Horseshoe Bay Resort Airport.
Issued in Fort Worth, Texas, on December
21, 2010.
Roger M. Trevino,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2011–205 Filed 1–10–11; 8:45 am]
BILLING CODE 4910–13–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 232
[Release Nos. 33–9169; 34–63646, 39–2473,
IC–29547]
Adoption of Updated EDGAR Filer
Manual
Securities and Exchange
Commission.
ACTION: Final rule.
AGENCY:
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 are being made primarily to
implement the new EDGARLink Online
Application which will allow filers to
submit EDGARLink submission form
types online without the use of the
offline EDGARLink Tool, to support the
electronic filing of submission form
SUMMARY:
PO 00000
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Fmt 4700
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types ABS 15G, ABS 15G/A, a new
Form 8–K Item 6.10, and to support
minor changes in XBRL validations for
filings containing Exhibit 101
attachments. The EDGAR system is
scheduled to be upgraded to support
this functionality on December 13, 2010.
The filer manual is also being revised
to address changes previously made in
EDGAR to support the electronic filing
of new submission form types SC 14N,
SC 14N/A, SC 14N–S, SC 14N–S/A, and
the new Form 8–K Item 5.08.
The revisions to the Filer Manual
reflect changes within Volume I entitled
EDGAR Filer Manual, Volume I:
‘‘General Information,’’ Version 9
(December 2010) and Volume II entitled
EDGAR Filer Manual, Volume II:
‘‘EDGAR Filing,’’ Version 16 (December
2010). The updated manual will be
incorporated by reference into the Code
of Federal Regulations.
DATES: January 11, 2011. The
incorporation by reference of the
EDGAR Filer Manual is approved by the
Director of the Federal Register as of
January 11, 2011.
FOR FURTHER INFORMATION CONTACT: In
the Division of Corporation Finance, for
questions concerning submission form
types ABS 15G, ABS 15G/A, SC 14N, SC
14N/A, SC 14N–S, SC 14N–S/A, Form
8–K Item 5.08 and Item 6.10 contact
Cecile Peters, Chief, Office of
Information Technology, at (202) 551–
3600; in the Office of Interactive
Disclosure for questions concerning
XBRL validation requirements contact
Jeffrey Naumann, Assistant Director of
the Office of Interactive Disclosure, at
(202) 551–5352; and in the Office of
Information Technology, contact Rick
Heroux, at (202) 551–8800.
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, EDGARLink Online, 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
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 September 15, 2010. See Release No. 33–
9140 (September 9, 2010) [75 FR 55965].
2 This is the filer assistance software we provide
filers filing on the EDGAR system.
E:\FR\FM\11JAR1.SGM
11JAR1
Federal Register / Vol. 76, No. 7 / Tuesday, January 11, 2011 / Rules and Regulations
emcdonald on DSK2BSOYB1PROD with RULES
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 will be upgraded
to Release 10.4 on December 13, 2010
and will introduce a new EDGARLink
Online Application (EDGARLink
Online) to allow filers to submit
EDGARLink submission form types
online, without the use of the offline
EDGARLink Tool. EDGARLink Online
can be accessed from the EDGAR Filing
Web site (https://
www.edgarfiling.sec.gov), by selecting
the ‘‘EDGARLink Online Submissions’’
or by clicking the ‘‘Are you an
EDGARLink filer or would you like to
create a new Asset-Backed Securities
Issuing Entity?’’ link from the EDGAR
Portal Web site (https://
www.portal.edgarfiling.sec.gov). The
existing offline EDGARLink Tool and
the associated Templates 1–6 will
continue to be available. A new chapter,
‘‘Preparing and Transmitting
EDGARLink Online Submissions’’, has
been added to Volume II of the EDGAR
Filer Manual to guide filers through the
filing process using the new tool.
Submission type ABS 15G 5 and its
amendment will be available on
EDGARLink Online only.
A new 8–K Item 6.10 (Alternative
Filings of Asset-Backed Issuers) will be
available on EDGARLink Submission
Template #3 and EDGARLink Online for
submission form types 8–K and 8–K/A.
Item 6.10 requires a PDF attachment to
be included as Exhibit 99.
In addition, the validation rules
processed for filings containing EX–
101.INS XBRL documents will be
changed to remove restrictions to allow
domain items to be abstract and to allow
footnoteArc elements to omit the order
attribute. The validations were relaxed
for EX–101.INS XBRL documents to
allow a Discoverable Taxonomy Set
(DTS) that has type declarations in any
standard international or US
namespace, to allow internationally
recommended type and role
declarations to be used in its DTS, and
for documents whose DTS has arc role
declarations to allow the
3 See Rule 301 of Regulation S–T (17 CFR
232.301).
4 See Release No. 33–9140 (September 9, 2010)
[75 FR 55965] in which we implemented EDGAR
Release 10.3. For a additional history of Filer
Manual rules, please see the cites therein.
5 See Proposing Release No. 33–9148, Disclosure
for Asset-Backed Securities Required by Section
943 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act.
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16:00 Jan 10, 2011
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link:footnoteArc element to have an
arcrole that is either standard or is
declared in a standard taxonomy
schema. Additional validations were
added for EX–101.INS XBRL documents
to require a DTS that has type
declarations in any standard
international or US namespace to
enforce restrictions on combinations of
numeric data types and unit of measure
declarations according to internationally
recommended and US-specific data
types registry.
The filer manual is also being revised
to address a changes made previously in
EDGAR to support new submission form
types SC 14N, SC 14N–S and their
amendments on both the offline
EDGARLink Template #2 and
EDGARLink Online and a new item in
Form 8–K Item 5.08 (Shareholder
Director Nominations) on both the
offline EDGARLink Template #3 and
EDGARLink Online for submission form
types 8–K, 8–K12B, 8–K12G3, 8–K15D5
and their amendments. However, the
use of the SC 14N, SC 14N–S and Form
8–K Item 5.08 is delayed until further
notice. See Order Rel. No. 33–9149
(Order Granting Stay) and Rel. No. 33–
9151 (Notice of stay of effective and
compliance dates) for more information.
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 1543,
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).6 It follows that
the requirements of the Regulatory
Flexibility Act7 do not apply.
The effective date for the updated
Filer Manual and the rule amendments
is January 11, 2011. 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
1515
rules. The EDGAR system upgrade to
Release 10.4 is scheduled to become
available on December 13, 2010. 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
1933,9 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. 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 9 (December
2010). The requirements for filing on
EDGAR are set forth in the updated
EDGAR Filer Manual, Volume II:
‘‘EDGAR Filing,’’ Version 16 (December
9 15
U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and
10 15
65
U.S.C. 553(b).
U.S.C. 601–612.
8 5 U.S.C. 553(d)(3).
78ll.
75
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11 15
12 15
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E:\FR\FM\11JAR1.SGM
U.S.C. 77sss.
U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37.
11JAR1
1516
Federal Register / Vol. 76, No. 7 / Tuesday, January 11, 2011 / Rules and Regulations
2010). 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
1543, 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.
Dated: January 5, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–378 Filed 1–10–11; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 570
[BOP Docket No. 1144–F]
RIN 1120–AB44
Inmate Furloughs
Bureau of Prisons, Justice.
Final rule.
AGENCY:
ACTION:
In this document, the Bureau
of Prisons (Bureau) revises its federal
regulations on the inmate furlough
program primarily to more clearly
provide for and define transfer
furloughs. Also, under this rule, the
Bureau is expanding the authority of its
Wardens to consider all inmates
potentially eligible for non-transfer
furloughs, as opposed to the current
rule, which limits consideration to
inmates with community custody status.
DATES: This rule is effective on February
10, 2011.
emcdonald on DSK2BSOYB1PROD with RULES
SUMMARY:
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16:00 Jan 10, 2011
Jkt 223001
FOR FURTHER INFORMATION CONTACT:
Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202)
307–2105.
SUPPLEMENTARY INFORMATION: The
Bureau revises its federal regulations on
the inmate furlough program primarily
to more clearly provide for and define
transfer furloughs. Through this change,
we also seek to reorganize and clarify
the rules, while eliminating language
that constitutes agency guidance to staff.
Any such guidance language will be
retained in the relevant Bureau policy.
Also, under this rule, the Bureau is
expanding the authority of its Wardens
to consider all inmates potentially
eligible for non-transfer furloughs, as
opposed to the current rule, which
limits consideration to inmates with
community custody status.
A proposed rule on this subject was
published on December 6, 2006 (71 FR
70696). We received three comments,
which we respond to below.
Payment for Urinalysis, Breathalyzer,
and Other Comparable Tests Upon
Return From Furlough
Section 570.38(b)(4) of the proposed
rule stated that a furlough will only be
approved if an inmate agrees to certain
conditions, including the condition that
the inmate may ‘‘be thoroughly searched
and given a urinalysis, breathalyzer, and
other comparable test, during the
furlough or upon return to the
institution, and must prepay the cost of
such test(s) if the inmate or family
members are paying the other costs of
the furlough.’’ Further, this regulation
provides that the inmate ‘‘must preauthorize all testing fee(s) to be
withdrawn directly from his/her inmate
deposit fund account.’’
One commenter questioned the
payment process described in § 570.38.
The commenter suggested that the
inmate should pay for all potential
testing before he/she be ‘‘allowed to
leave.’’ This is not practical. Depending
on Bureau resources, the inmate’s
particular situation, and the particular
circumstances surrounding the
furlough, it is possible that the inmate
will not undergo all of the available
testing upon the inmate’s return from
furlough. It is therefore unnecessary and
impractical to require an inmate to prepay the costs of tests that he/she may
not be required to undergo.
The commenter then suggested that
‘‘charging an inmate that is on an
emergency non-transferral furlough is
not reasonable before they be allowed to
leave. Postponing their payment until
they return seems to be more
reasonable.’’ The Bureau agrees with this
statement, which is why the regulation
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Frm 00006
Fmt 4700
Sfmt 4700
requires not that inmates pre-pay, but
only that the inmate sign a form preauthorizing payment for testing that will
be conducted upon the inmate’s return.
For clarity, we have modified that
part of the regulation to state that the
inmate ‘‘must pre-authorize the cost of
such test(s) if the inmate or family
members are paying the other costs of
the furlough.’’
Conditions Under Which a Furlough
May Be Granted
One commenter stated that the rule
‘‘does not make clear that inmates in
Low, Medium, or High security
institutions are categorically ineligible
for emergency or other non-transfer
furloughs.’’
However, according to the regulation
as proposed, ‘‘inmates in Low, Medium,
or High security institutions’’ are not
‘‘categorically ineligible for emergency
or other non-transfer furloughs,’’ but
instead will be considered on a case-bycase basis, in accordance with these
regulations and in the Warden’s
discretion.
§ 570.36 specifies the conditions
under which a non-transfer furlough
may be granted. This section contains a
chart which clarifies the eligibility
requirements for non-transfer furloughs
and describes the types of non-transfer
furloughs an inmate may be eligible for,
based on the inmate’s length of
confinement or time remaining on the
inmate’s sentence. The chart has been
revised in the final rule for greater
clarity and accuracy. This section also
describes circumstances under which
Wardens will ordinarily deny nontransfer furloughs.
Under this rule, the Bureau is
expanding the authority of its Wardens
to consider all inmates potentially
eligible for non-transfer furloughs, as
opposed to the current rule, which
limits consideration to inmates with
community custody status. Community
custody, the lowest custody level
assigned to an inmate, affords the lowest
level of security and staff supervision.
The Bureau believes this change is
justified by the potential prisoner reentry and rehabilitative benefits to be
afforded by a non-transfer furlough.
Further, any resulting public safety
concerns are adequately addressed by
the limitations contained within
§§ 570.35(b) and 570.36.
Further, § 570.31 describes inmate
eligibility for furloughs, and states that
sentenced inmates housed in Bureau
facilities, pretrial inmates housed in
Bureau facilities, and sentenced inmates
housed in Bureau facilities and
classified as central inmate monitoring
cases may be eligible for furloughs.
E:\FR\FM\11JAR1.SGM
11JAR1
Agencies
[Federal Register Volume 76, Number 7 (Tuesday, January 11, 2011)]
[Rules and Regulations]
[Pages 1514-1516]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-378]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
17 CFR Part 232
[Release Nos. 33-9169; 34-63646, 39-2473, IC-29547]
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 are being made primarily to implement the new
EDGARLink Online Application which will allow filers to submit
EDGARLink submission form types online without the use of the offline
EDGARLink Tool, to support the electronic filing of submission form
types ABS 15G, ABS 15G/A, a new Form 8-K Item 6.10, and to support
minor changes in XBRL validations for filings containing Exhibit 101
attachments. The EDGAR system is scheduled to be upgraded to support
this functionality on December 13, 2010.
The filer manual is also being revised to address changes
previously made in EDGAR to support the electronic filing of new
submission form types SC 14N, SC 14N/A, SC 14N-S, SC 14N-S/A, and the
new Form 8-K Item 5.08.
The revisions to the Filer Manual reflect changes within Volume I
entitled EDGAR Filer Manual, Volume I: ``General Information,'' Version
9 (December 2010) and Volume II entitled EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 16 (December 2010). The updated manual will
be incorporated by reference into the Code of Federal Regulations.
DATES: January 11, 2011. The incorporation by reference of the EDGAR
Filer Manual is approved by the Director of the Federal Register as of
January 11, 2011.
FOR FURTHER INFORMATION CONTACT: In the Division of Corporation
Finance, for questions concerning submission form types ABS 15G, ABS
15G/A, SC 14N, SC 14N/A, SC 14N-S, SC 14N-S/A, Form 8-K Item 5.08 and
Item 6.10 contact Cecile Peters, Chief, Office of Information
Technology, at (202) 551-3600; in the Office of Interactive Disclosure
for questions concerning XBRL validation requirements contact Jeffrey
Naumann, Assistant Director of the Office of Interactive Disclosure, at
(202) 551-5352; and in the Office of Information Technology, contact
Rick Heroux, at (202) 551-8800.
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\, EDGARLink Online, 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 September 15, 2010. See Release No. 33-9140
(September 9, 2010) [75 FR 55965].
\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
[[Page 1515]]
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. 33-9140 (September 9, 2010) [75 FR 55965] in
which we implemented EDGAR Release 10.3. For a additional history of
Filer Manual rules, please see the cites therein.
---------------------------------------------------------------------------
The EDGAR system will be upgraded to Release 10.4 on December 13,
2010 and will introduce a new EDGARLink Online Application (EDGARLink
Online) to allow filers to submit EDGARLink submission form types
online, without the use of the offline EDGARLink Tool. EDGARLink Online
can be accessed from the EDGAR Filing Web site (https://www.edgarfiling.sec.gov), by selecting the ``EDGARLink Online
Submissions'' or by clicking the ``Are you an EDGARLink filer or would
you like to create a new Asset-Backed Securities Issuing Entity?'' link
from the EDGAR Portal Web site (https://www.portal.edgarfiling.sec.gov).
The existing offline EDGARLink Tool and the associated Templates 1-6
will continue to be available. A new chapter, ``Preparing and
Transmitting EDGARLink Online Submissions'', has been added to Volume
II of the EDGAR Filer Manual to guide filers through the filing process
using the new tool.
Submission type ABS 15G \5\ and its amendment will be available on
EDGARLink Online only.
---------------------------------------------------------------------------
\5\ See Proposing Release No. 33-9148, Disclosure for Asset-
Backed Securities Required by Section 943 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act.
---------------------------------------------------------------------------
A new 8-K Item 6.10 (Alternative Filings of Asset-Backed Issuers)
will be available on EDGARLink Submission Template 3 and
EDGARLink Online for submission form types 8-K and 8-K/A. Item 6.10
requires a PDF attachment to be included as Exhibit 99.
In addition, the validation rules processed for filings containing
EX-101.INS XBRL documents will be changed to remove restrictions to
allow domain items to be abstract and to allow footnoteArc elements to
omit the order attribute. The validations were relaxed for EX-101.INS
XBRL documents to allow a Discoverable Taxonomy Set (DTS) that has type
declarations in any standard international or US namespace, to allow
internationally recommended type and role declarations to be used in
its DTS, and for documents whose DTS has arc role declarations to allow
the link:footnoteArc element to have an arcrole that is either standard
or is declared in a standard taxonomy schema. Additional validations
were added for EX-101.INS XBRL documents to require a DTS that has type
declarations in any standard international or US namespace to enforce
restrictions on combinations of numeric data types and unit of measure
declarations according to internationally recommended and US-specific
data types registry.
The filer manual is also being revised to address a changes made
previously in EDGAR to support new submission form types SC 14N, SC
14N-S and their amendments on both the offline EDGARLink Template
2 and EDGARLink Online and a new item in Form 8-K Item 5.08
(Shareholder Director Nominations) on both the offline EDGARLink
Template 3 and EDGARLink Online for submission form types 8-K,
8-K12B, 8-K12G3, 8-K15D5 and their amendments. However, the use of the
SC 14N, SC 14N-S and Form 8-K Item 5.08 is delayed until further
notice. See Order Rel. No. 33-9149 (Order Granting Stay) and Rel. No.
33-9151 (Notice of stay of effective and compliance dates) for more
information.
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 1543, 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).\6\ It follows that the requirements
of the Regulatory Flexibility Act\7\ do not apply.
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\6\ 5 U.S.C. 553(b).
\7\ 5 U.S.C. 601-612.
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The effective date for the updated Filer Manual and the rule
amendments is January 11, 2011. 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 10.4 is scheduled to become available on December 13, 2010. 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.
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\8\ 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,\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\
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\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.
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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
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 9 (December 2010). The requirements for filing
on EDGAR are set forth in the updated EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 16 (December
[[Page 1516]]
2010). 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 1543, 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.
Dated: January 5, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-378 Filed 1-10-11; 8:45 am]
BILLING CODE 8011-01-P