Adoption of Updated EDGAR Filer Manual, 19077-19079 [2012-7608]
Download as PDF
Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Rules and Regulations
determination, the FAA will allocate
available slots in that period on a
temporary basis subject to recall, and
the FAA may conduct a lottery in the
future to allocate available slots in that
period.
DATES: Effective March 30, 2012.
FOR FURTHER INFORMATION CONTACT:
Robert Hawks, Office of the Chief
Counsel, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone number: 202–267–7143; fax
number: 202–267–7971; email:
rob.hawks@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued the High Density
Traffic Airports Rule (HDR), 14 CFR part
93 subpart K, in 1968 to reduce delays
at five congested airports: John F.
Kennedy International Airport,
LaGuardia Airport, O’Hare International
Airport, Ronald Reagan Washington
National Airport (DCA), and Newark
Liberty International Airport.1
Currently, the HDR applies only to DCA.
The regulation limits the number of
operations during certain hours of the
day and requires a slot, which the FAA
allocates for a specific 60-minute
period, for each scheduled operation.
In 1985, the FAA issued part 93
subpart S (the ‘‘Buy/Sell Rule’’).2 As
part of the Buy/Sell Rule, § 93.226
permits the administrative allocation of
slots during low demand periods, which
are 6 a.m. to 6:59 a.m. (the 0600 hour)
and 10 p.m. to 11:59 p.m. (the 2200 and
2300 hours), on a first come, first served
basis. Section 93.226(d) permits the
FAA to determine those periods are no
longer low demand periods and allocate
any available slots by lottery under
§ 93.225. The FAA may make this
determination when it becomes
apparent that demand for slots is
increasing to the point where a first
come, first served allocation procedure
is inappropriate. The FAA previously
determined the 0600 hour is not a low
demand period.3
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FAA Determination
Currently, the FAA has allocated all
but three commuter and all but three air
carrier slots in the 2200 hour.
Because of the relatively small
number of available slots in the 2200
hour, the FAA now determines that
hour no longer is a low demand period.
Additional permanent allocation of slots
in that time period would undermine
1 33
FR 17896 (Dec. 3, 1968).
FR 52195 (Dec. 20, 1985).
3 76 FR 58393 (Sept. 21, 2011).
2 50
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the new entrant and limited incumbent
allocation priority under § 93.225. The
FAA no longer will allocate slots during
that time period on a permanent first
come, first served basis.
The FAA further determines the
present demand for available slots does
not justify conducting a lottery at this
time. Accordingly, the FAA will allocate
slots in the 2200 hour on a temporary
basis subject to recall by the FAA under
§ 93.226(e). However, if the FAA cannot
accommodate future requests for slots,
especially requests by new entrants or
limited incumbents, through temporary
allocations, the FAA may recall any
temporarily allocated slots and conduct
a lottery at that time.
Slots currently allocated are
unaffected by this determination, and
the HDR continues to apply to all
allocated slots.
Issued in Washington, DC, on March 27,
2012.
Rebecca B. MacPherson,
Assistant Chief Counsel for Regulations.
[FR Doc. 2012–7742 Filed 3–29–12; 8:45 am]
BILLING CODE 4910–13–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 232
[Release Nos. 33–9303; 34–66654; 39–2483;
IC–30008]
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
support the upgrade to the 2012 US
GAAP and 2012 Mutual Fund Risk/
Return Summary Taxonomies; to
support period field validation updates
for the submission of Form N–PX; to
remove the OMB expiration date from
Form D, 3, 4, and 5; and to include
additional filer support fax numbers on
various EDGAR Filer Management Web
site screens. The EDGAR system is
scheduled to be upgraded to support
this functionality on March 26, 2012.
The filer manual is also being revised
to support the retirement of the DOS
based Form N–SAR application and the
introduction of the new online Form N–
SAR application. The EDGAR system is
SUMMARY:
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19077
scheduled to be upgraded to support
this functionality on July 9, 2012.
DATES: Effective Date: March 30, 2012.
The incorporation by reference of the
EDGAR Filer Manual is approved by the
Director of the Federal Register as of
March 30, 2012.
FOR FURTHER INFORMATION CONTACT: In
the Division of Corporation Finance, for
questions Forms D, 3, 4, and 5 contact
Heather Mackintosh, Office of
Information Technology, at (202) 551–
3600; in the Division of Investment
Management for questions regarding
Form N–PX contact Ruth Armfield
Sanders, Senior Special Counsel, Office
of Legal and Disclosure, at (202) 551–
6989, and for questions concerning the
modernized on-line Form N–SAR
application, contact Heather Fernandez
or Gregg Jaffray, Office of Financial
Analysis, at (202) 551–6703; in the
Division of Risk, Strategy, and Financial
Innovation for questions concerning
XBRL Taxonomies update contact
Walter Hamscher, at (202) 551–5397; in
the Division of Trading and Markets for
questions regarding new filer support
fax numbers contact Catherine Moore,
Special Counsel, Office of Clearance and
Settlement, at (202) 551–5718; 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 Online and the Online
Forms/XML Web site.
The revisions to the Filer Manual
reflect changes within Volume I entitled
EDGAR Filer Manual, Volume I:
‘‘General Information,’’ Version 12
(March 2012) and Volume II entitled
EDGAR Filer Manual, Volume II:
‘‘EDGAR Filing,’’ Version 19 (March
2012). The updated manual will be
incorporated by reference into the Code
of Federal Regulations.
The Filer Manual contains all the
technical specifications for filers to
submit filings using the EDGAR system.
Filers must comply with the applicable
provisions of the Filer Manual in order
to assure the timely acceptance and
processing of filings made in electronic
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 Nov. 29, 2011. See Release No. 33–9281
(Nov. 22, 2011) [76 FR 73506].
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sroberts on DSK5SPTVN1PROD with RULES
19078
Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Rules and Regulations
format.2 Filers may consult the Filer
Manual in conjunction with our rules
governing mandated electronic filing
when preparing documents for
electronic submission.3
The EDGAR system will be upgraded
to Release 12.0 on March 26, 2012 and
will introduce the following changes:
EDGAR will be updated to support the
US GAAP 2012 Taxonomy and Mutual
Fund Risk/Return Summary 2012
Taxonomy. Please see https://sec.gov/
info/edgar/edgartaxonomies.shtml for a
complete listing of supported standard
taxonomies.
The Period field validations will be
updated for the submission types N–
PX–NT, N–PX–VR, N–PX–CR, and their
amendments. Currently, these
submission types only allow June 30 or
September 30 of the current or prior
years as valid period date. The Period
field on these submission form types
can be any valid date other than a future
date.
The OMB expiration date will no
longer be displayed on the Forms 3, 4,
5, and D. These forms will continue to
display other OMB Approval
information.
The Confirmation and
Acknowledgement screens on the
EDGAR Filer Management Web site,
which currently display the filer
support fax numbers, will be updated to
include Division of Investment
Management and Division of Trading
and Markets filer support fax numbers
along with existing Division of
Corporation Finance fax numbers.
On July 9, 2012, EDGAR Release
12.1.1 will be deployed to convert the
DOS based Form N–SAR application to
an online application. The DOS based
application to create Form N–SAR
documents will be retired as of 5:30,
July 6, 2012, and EDGAR will no longer
accept filings created by that
application. Beginning Monday, July 9,
2012, Form N–SAR may only be filed
using the online version of the form
available on the EDGAR Filing Web site
or constructed by filers according to the
new EDGAR N–SAR XML Technical
Specification, available on the
Commission’s public Web site’s
‘‘Information for EDGAR Filers’’ Web
page (https://www.sec.gov/info/
edgar.shtml). Submission form types
NSAR–A, NSAR–A/A, NSAR–AT,
NSAR–AT/A, NSAR–B, NSAR–BT,
NSAR–BT/A, NSAR–U, and NSAR–U/A
can be accessed by selecting the ‘File
2 See Rule 301 of Regulation S–T (17 CFR
232.301).
3 See Release No. 33–9281 (Nov. 22, 2011) [76 FR
73506] in which we implemented EDGAR Release
11.3. For additional history of Filer Manual rules,
please see the cites therein.
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15:54 Mar 29, 2012
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Form N–SAR’ link on the EDGAR Filing
Web site. Filers submitting submission
type NSAR–U should continue to
prepare the text document with the
applicable answers and attach it to the
NSAR–U submission type accessible
from the ‘File Form N–SAR’ link on the
EDGAR Filing Web site.
Instructions to file Form N–SAR will
be included in two new sections of
Chapter 9 (Preparing and Transmitting
Online Submissions) of the EDGAR
Filer Manual, Volume II: EDGAR Filing,
Section 9.2.5 (File Form N–SAR) and
Section 9.2.6 (Completing a Form N–
SAR Submission). As of July 9, 2012,
the EDGAR Filer Manual, Volume III:
N–SAR Supplement will be retired.
Along with the adoption of the Filer
Manual, we are amending Rule 301 of
Regulation S–T to provide for the
incorporation by reference into the Code
of Federal Regulations of today’s
revisions. This incorporation by
reference was approved by the Director
of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
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).4 It follows that
the requirements of the Regulatory
Flexibility Act 5 do not apply.
The effective date for the updated
Filer Manual and the rule amendments
is March 30, 2012. In accordance with
the APA,6 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 12.0 is scheduled to become
available on March 26, 2012. The
EDGAR system upgrade to Release
12.1.1 is scheduled to become available
on July 9, 2012. 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
1933,7 Sections 3, 12, 13, 14, 15, 23, and
35A of the Securities Exchange Act of
1934,8 Section 319 of the Trust
Indenture Act of 1939,9 and Sections 8,
30, 31, and 38 of the Investment
Company Act of 1940.10
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 12 (March 2012).
The requirements for filing on EDGAR
are set forth in the updated EDGAR Filer
Manual, Volume II: ‘‘EDGAR Filing,’’
Version 19 (March 2012). 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
7 15
U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll.
9 15 U.S.C. 77sss.
10 15 U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37.
45
U.S.C. 553(b).
5 5 U.S.C. 601–612.
6 5 U.S.C. 553(d)(3).
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8 15
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Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Rules and Regulations
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: March 26, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012–7608 Filed 3–29–12; 8:45 am]
BILLING CODE 8011–01–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 410
[Docket No. SSA–2012–0012]
RIN 0960–AH48
Removal of Regulations on Black Lung
Benefits
Social Security Administration.
Final rule.
AGENCY:
ACTION:
This final rule removes
regulations on the Black Lung program
from the Social Security
Administration’s (SSA) chapter of the
Code of Federal Regulations (CFR). The
Black Lung Consolidation of
Administrative Responsibility Act
transferred the responsibility for
administering Part B of the Black Lung
benefits program from SSA to the
Department of Labor (DOL), and we are
removing the regulations in recognition
of the fact that we are no longer
responsible for administering any aspect
of the Part B Black Lung program. DOL
concurs with this final rule removing
the regulations.
DATES: This final rule is effective March
30, 2012.
FOR FURTHER INFORMATION CONTACT:
Martin Sussman, Social Security
Administration, Office of Regulations,
6401 Security Boulevard, Baltimore, MD
21235–6401, (410) 965–1767. For
information on eligibility or filing for
benefits, call our national toll-free
number, 1–800–772–1213 or TTY 1–
800–325–0778, or visit our Internet site,
Social Security Online, at https://
www.socialsecurity.gov.
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SUMMARY:
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15:54 Mar 29, 2012
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SUPPLEMENTARY INFORMATION:
Brief History of SSA’s Portion of the
Black Lung Part B Program
The Federal Coal Mine Health and
Safety Act (FMHSA) of 1969 established
the Black Lung program to pay monthly
benefits to coal miners, their survivors,
and dependents if the miner was
disabled by or died due to
pneumoconiosis. The FMHSA, as
amended, established two program
parts. Part B, administered by SSA,
governs miners’ and survivors’ claims
filed through June 30, 1973. For those
claims awarded, Part B also governs
claims filed by certain survivors of these
beneficiaries. Part C, administered by
DOL, governs all other claims. In 2002,
Congress enacted the Black Lung
Consolidation of Administrative
Responsibility Act (Pub. L. 107–275),
which formally transferred all
responsibility for administering the
Black Lung program to DOL beginning
January 31, 2003.
Thus, because we no longer have
responsibility for administering the
Black Lung Part B program, we are
removing the pertinent regulations from
our chapter of the CFR. DOL concurs
with this final rule removing these
regulations from our chapter of the CFR,
and concurs that this action does not
affect the substantive rights of
individuals claiming benefits under the
Black Lung Part B program.
Regulatory Procedures
We follow the Administrative
Procedure Act (APA) rulemaking
procedures specified in 5 U.S.C. 553
when we develop regulations.
Generally, the APA requires that an
agency provide prior notice and
opportunity for public comment before
issuing a final rule. The APA provides
exceptions to its notice and public
comment procedures when an agency
finds good cause for dispensing with
such procedures because they are
impracticable, unnecessary, or contrary
to the public interest.1
We find that good cause exists for
proceeding without prior public notice
and comment in this instance. As
discussed above, the change we are
making in this final rule does not affect
the substantive rights of individuals
claiming benefits under the Black Lung
Part B program. Rather, the change
simply reflects Congress’ decision in the
Black Lung Consolidation of
Administrative Responsibility Act to
transfer responsibility for
administration of the Black Lung Part B
program from SSA to DOL. Accordingly,
15
PO 00000
U.S.C. 553(b)(B).
Frm 00021
Fmt 4700
we find that prior public comment
would be unnecessary in this instance.
In addition, for the reasons cited
above, we also find good cause for
dispensing with the 30-day delay in the
effective date of this rule.2 Since the
change we are making to this rule
merely recognizes that we are no longer
responsible for administering any aspect
of the Part B Black Lung program, we
find that it is contrary to the public
interest to delay the effective date of our
rule. Accordingly, we are making this
rule effective upon publication.
Executive Order 12866, as
Supplemented by Executive Order
13563
We have consulted with the Office of
Management and Budget (OMB) and
determined that this final rule does not
meet the criteria for a significant
regulatory action under Executive Order
12866, as supplemented by Executive
Order 13563. Thus, it was not subject to
OMB review.
Regulatory Flexibility Act
We certify that this final rule will not
have a significant economic impact on
a substantial number of small entities,
as it affects individuals only. Therefore,
a regulatory flexibility analysis is not
required under the Regulatory
Flexibility Act, as amended.
Paperwork Reduction Act
This final rule imposes no reporting
or recordkeeping requirements subject
to OMB clearance.
Michael J. Astrue,
Commissioner of Social Security.
For the reasons set out in the
preamble, under the authority of section
702(a)(5) of the Social Security Act, 42
U.S.C. 902(a)(5), and Public Law 107–
275, we amend 20 CFR chapter III, part
410, as set forth below:
PART 410 [Removed]
■ 1. Remove part 410.
[FR Doc. 2012–7672 Filed 3–29–12; 8:45 am]
BILLING CODE 4191–02–P
2 See
Sfmt 9990
19079
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5 U.S.C. 553(d)(3).
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Agencies
[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Rules and Regulations]
[Pages 19077-19079]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7608]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
17 CFR Part 232
[Release Nos. 33-9303; 34-66654; 39-2483; IC-30008]
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 support the upgrade
to the 2012 US GAAP and 2012 Mutual Fund Risk/Return Summary
Taxonomies; to support period field validation updates for the
submission of Form N-PX; to remove the OMB expiration date from Form D,
3, 4, and 5; and to include additional filer support fax numbers on
various EDGAR Filer Management Web site screens. The EDGAR system is
scheduled to be upgraded to support this functionality on March 26,
2012.
The filer manual is also being revised to support the retirement of
the DOS based Form N-SAR application and the introduction of the new
online Form N-SAR application. The EDGAR system is scheduled to be
upgraded to support this functionality on July 9, 2012.
DATES: Effective Date: March 30, 2012. The incorporation by reference
of the EDGAR Filer Manual is approved by the Director of the Federal
Register as of March 30, 2012.
FOR FURTHER INFORMATION CONTACT: In the Division of Corporation
Finance, for questions Forms D, 3, 4, and 5 contact Heather Mackintosh,
Office of Information Technology, at (202) 551-3600; in the Division of
Investment Management for questions regarding Form N-PX contact Ruth
Armfield Sanders, Senior Special Counsel, Office of Legal and
Disclosure, at (202) 551-6989, and for questions concerning the
modernized on-line Form N-SAR application, contact Heather Fernandez or
Gregg Jaffray, Office of Financial Analysis, at (202) 551-6703; in the
Division of Risk, Strategy, and Financial Innovation for questions
concerning XBRL Taxonomies update contact Walter Hamscher, at (202)
551-5397; in the Division of Trading and Markets for questions
regarding new filer support fax numbers contact Catherine Moore,
Special Counsel, Office of Clearance and Settlement, at (202) 551-5718;
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 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 Nov. 29, 2011. See Release No. 33-9281 (Nov. 22,
2011) [76 FR 73506].
---------------------------------------------------------------------------
The revisions to the Filer Manual reflect changes within Volume I
entitled EDGAR Filer Manual, Volume I: ``General Information,'' Version
12 (March 2012) and Volume II entitled EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 19 (March 2012). The updated manual will be
incorporated by reference into the Code of Federal Regulations.
The Filer Manual contains all the technical specifications for
filers to submit filings using the EDGAR system. Filers must comply
with the applicable provisions of the Filer Manual in order to assure
the timely acceptance and processing of filings made in electronic
[[Page 19078]]
format.\2\ Filers may consult the Filer Manual in conjunction with our
rules governing mandated electronic filing when preparing documents for
electronic submission.\3\
---------------------------------------------------------------------------
\2\ See Rule 301 of Regulation S-T (17 CFR 232.301).
\3\ See Release No. 33-9281 (Nov. 22, 2011) [76 FR 73506] in
which we implemented EDGAR Release 11.3. For additional history of
Filer Manual rules, please see the cites therein.
---------------------------------------------------------------------------
The EDGAR system will be upgraded to Release 12.0 on March 26, 2012
and will introduce the following changes: EDGAR will be updated to
support the US GAAP 2012 Taxonomy and Mutual Fund Risk/Return Summary
2012 Taxonomy. Please see https://sec.gov/info/edgar/edgartaxonomies.shtml for a complete listing of supported standard
taxonomies.
The Period field validations will be updated for the submission
types N-PX-NT, N-PX-VR, N-PX-CR, and their amendments. Currently, these
submission types only allow June 30 or September 30 of the current or
prior years as valid period date. The Period field on these submission
form types can be any valid date other than a future date.
The OMB expiration date will no longer be displayed on the Forms 3,
4, 5, and D. These forms will continue to display other OMB Approval
information.
The Confirmation and Acknowledgement screens on the EDGAR Filer
Management Web site, which currently display the filer support fax
numbers, will be updated to include Division of Investment Management
and Division of Trading and Markets filer support fax numbers along
with existing Division of Corporation Finance fax numbers.
On July 9, 2012, EDGAR Release 12.1.1 will be deployed to convert
the DOS based Form N-SAR application to an online application. The DOS
based application to create Form N-SAR documents will be retired as of
5:30, July 6, 2012, and EDGAR will no longer accept filings created by
that application. Beginning Monday, July 9, 2012, Form N-SAR may only
be filed using the online version of the form available on the EDGAR
Filing Web site or constructed by filers according to the new EDGAR N-
SAR XML Technical Specification, available on the Commission's public
Web site's ``Information for EDGAR Filers'' Web page (https://www.sec.gov/info/edgar.shtml). Submission form types NSAR-A, NSAR-A/A,
NSAR-AT, NSAR-AT/A, NSAR-B, NSAR-BT, NSAR-BT/A, NSAR-U, and NSAR-U/A
can be accessed by selecting the `File Form N-SAR' link on the EDGAR
Filing Web site. Filers submitting submission type NSAR-U should
continue to prepare the text document with the applicable answers and
attach it to the NSAR-U submission type accessible from the `File Form
N-SAR' link on the EDGAR Filing Web site.
Instructions to file Form N-SAR will be included in two new
sections of Chapter 9 (Preparing and Transmitting Online Submissions)
of the EDGAR Filer Manual, Volume II: EDGAR Filing, Section 9.2.5 (File
Form N-SAR) and Section 9.2.6 (Completing a Form N-SAR Submission). As
of July 9, 2012, the EDGAR Filer Manual, Volume III: N-SAR Supplement
will be retired.
Along with the adoption of the Filer Manual, we are amending Rule
301 of Regulation S-T to provide for the incorporation by reference
into the Code of Federal Regulations of today's revisions. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
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).\4\ It follows that the requirements
of the Regulatory Flexibility Act \5\ do not apply.
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\4\ 5 U.S.C. 553(b).
\5\ 5 U.S.C. 601-612.
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The effective date for the updated Filer Manual and the rule
amendments is March 30, 2012. In accordance with the APA,\6\ 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 12.0 is scheduled to become available on March 26, 2012. The
EDGAR system upgrade to Release 12.1.1 is scheduled to become available
on July 9, 2012. 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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\6\ 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,\7\ Sections 3, 12,
13, 14, 15, 23, and 35A of the Securities Exchange Act of 1934,\8\
Section 319 of the Trust Indenture Act of 1939,\9\ and Sections 8, 30,
31, and 38 of the Investment Company Act of 1940.\10\
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\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. 77sss.
\10\ 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 12 (March 2012). The requirements for filing on
EDGAR are set forth in the updated EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 19 (March 2012). 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
[[Page 19079]]
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: March 26, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-7608 Filed 3-29-12; 8:45 am]
BILLING CODE 8011-01-P