Adoption of Updated EDGAR Filer Manual, 4766-4768 [2013-01058]
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4766
Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Rules and Regulations
CHAPTER V—UNDER SECRETARY FOR
TECHNOLOGY, DEPARTMENT OF
COMMERCE
9. Redesignate Title 15, part 1170 as
Title 15, part 273 and transfer to
Chapter II, Subchapter I.
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16. Title 37, parts 500–599 are
transferred from Title 37, Chapter V, to
Title 37, Chapter IV.
■ 17. Title 37, Chapter V is removed and
reserved.
■
10. Newly redesignated § 273.3 is
amended by revising paragraph (a) to
read as follows:
■
§ 273.3
General policy.
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(a) The Director of the National
Institute of Standards and Technology
will assist in coordinating the efforts of
Federal agencies in meeting their
obligations under the Metric Conversion
Act, as amended.
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Title 37—Patents, Trademarks, and
Copyrights
§ 501.3
PART 401—RIGHTS TO INVENTIONS
MADE BY NONPROFIT
ORGANIZATIONS AND SMALL
BUSINESS FIRMS UNDER
GOVERNMENT GRANTS,
CONTRACTS, AND COOPERATIVE
AGREEMENTS
12. The authority citation for Title 37,
part 401 is revised to read as follows:
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Authority: 35 U.S.C. 206; DOO 30–2A.
13. Section 401.2 is amended by
revising paragraph (j) to read as follows:
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Definitions.
(a) The term Secretary, as used in this
part, means the Director of the National
Institute of Standards and Technology.
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■ 20. Section 501.11 is revised to read
as follows:
§ 501.11
Submissions and inquiries.
All submissions or inquiries should
be directed to the Chief Counsel for
NIST, National Institute of Standards
and Technology, 100 Bureau Drive, Mail
Stop 1052, Gaithersburg, MD 20899–
1052; telephone: (301) 975–2803; email:
nistcounsel@nist.gov.
[FR Doc. 2012–27466 Filed 1–22–13; 8:45 am]
BILLING CODE 3510–13–P
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(j) The term Secretary means the
Director of the National Institute of
Standards and Technology.
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SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 200
[Release Nos. 34–62575A and PA–47A; File
No. S7–19–11]
14. Section 401.17 is revised to read
as follows:
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Administrative practice and
procedure, Authority delegations
(Government agencies), Organization
and functions (Government agencies),
Privacy.
Accordingly, Title 17, Chapter II of
the Code of Federal Regulations is
amended as follows:
PART 200—ORGANIZATION;
CONDUCT AND ETHICS; AND
INFORMATION AND REQUESTS
1. The general authority citation for
part 200, subpart A is revised, and a
sectional authority for § 200.312 is
added to part 200, subpart A in
numerical order, to read as follows:
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Authority: 15 U.S.C. 77o, 77s, 77sss, 78d,
78d–1, 78d–2, 78w, 78ll(d), 78mm, 80a–37,
80b–11, 7202, and 7211 et seq., unless
otherwise noted.
15. The authority citation for Title 37,
part 404 is revised to read as follows:
Authority: 35 U.S.C. 207–209, DOO 30–
2A.
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Section 200.312 is also issued under 5
U.S.C. 552a(k).
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Dated: January 15, 2013.
Elizabeth M. Murphy,
Secretary.
BILLING CODE 8011–01–P
Securities and Exchange
Commission.
ACTION: Final rule; technical
amendment.
SECURITIES AND EXCHANGE
COMMISSION
AGENCY:
PART 404—LICENSING OF
GOVERNMENT OWNED INVENTIONS
15:13 Jan 22, 2013
List of Subjects in 17 CFR Part 200
[FR Doc. 2013–01202 Filed 1–22–13; 8:45 am]
All submissions or inquiries should
be directed to the Chief Counsel for
NIST, National Institute of Standards
and Technology, 100 Bureau Drive, Mail
Stop 1052, Gaithersburg, Maryland
20899–1052; telephone: (301) 975–2803;
email: nistcounsel@nist.gov.
VerDate Mar<15>2010
Linda Cullen, Office of the Secretary, at
(202) 551–5402; Securities and
Exchange Commission, 100 F Street NE.,
Washington, DC 20549–1090.
SUPPLEMENTARY INFORMATION: The final
rules that are subject to this correction
included inaccurate amendatory
instructions that resulted in the
publication of two Editorial Notes to
Part 200. This document is intended
only to correct the authority citation to
subpart A of Part 200 and remove the
two Editorial Notes and does not affect
any other aspects of the two original
final rules.
Authority Citation Correction
Submissions and inquiries.
■
Effective Date: January 23, 2013.
FOR FURTHER INFORMATION CONTACT:
*
Definitions.
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wreier-aviles on DSK5TPTVN1PROD with
Authority: Sec. 4, E.O. 10096, 3 CFR,
1949–1953 Comp., p. 292, as amended by
E.O. 10930, 3 CFR, 1959–1963 Comp., p. 456
and by E.O. 10695, 3 CFR, 1954–1958 Comp.,
p. 355, DOO 30–2A.
19. Section 501.3 is amended by
revising paragraph (a) to read as follows:
CHAPTER IV—NATIONAL INSTITUTE OF
STANDARDS AND TECHNOLOGY,
DEPARTMENT OF COMMERCE
§ 401.17
18. The authority citation for Title 37,
part 501 is revised to read as follows:
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11. The heading of Title 37, Chapter
IV is revised to read as follows:
■
§ 401.2
PART 501—UNIFORM PATENT POLICY
FOR RIGHTS IN INVENTIONS MADE
BY GOVERNMENT EMPLOYEES
DATES:
On August 6, 2010 and
September 16, 2011, the Securities and
Exchange Commission (‘‘Commission’’)
published documents in the Federal
Register (75 FR 47449 and 76 FR 57637,
respectively) that each included an
inaccurate amendatory instruction
pertaining to an authority citation. The
Commission is publishing this technical
amendment to accurately reflect the
authority citation in the Code of Federal
Regulations.
SUMMARY:
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17 CFR Parts 232, 239, 249, 269, 274
[Release Nos. 33–9382; 34–68644; 39–2488;
IC–30348]
Adoption of Updated EDGAR Filer
Manual
Securities and Exchange
Commission.
ACTION: Final rule.
AGENCY:
The Securities and Exchange
Commission (the Commission) is
SUMMARY:
E:\FR\FM\23JAR1.SGM
23JAR1
Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Rules and Regulations
adopting revisions to the Electronic Data
Gathering, Analysis, and Retrieval
System (EDGAR) Filer Manual and
related rules to reflect updates to the
EDGAR system. The revisions are being
made primarily to introduce the new
EDGARLink Online submission type
IRANNOTICE; and support PDF as an
official filing format for submission
types 497AD, 40–17G, 40–17G/A, 40–
17GCS, 40–17GCS/A, 40–24B2, and 40–
24B2/A. The EDGAR system is
scheduled to be upgraded to support
this functionality on January 14, 2013.
Effective Date: January 23, 2013.
The incorporation by reference of the
EDGAR Filer Manual is approved by the
Director of the Federal Register as of
January 23, 2013.
DATES:
In
the Division of Corporation Finance, for
questions on submission type
IRANNOTICE, contact Jeffrey Thomas at
(202) 551–3600; in the Division of
Investment Management for questions
concerning submission types 497AD,
40–17G, 40–17G/A, 40–17GCS, 40–
17GCS/A, 40–24B2, and 40–24B2/A,
contact Heather Fernandez at (202) 551–
6708; and in the Office of Information
Technology, contact Vanessa Anderson
at (202) 551–8800.
FOR FURTHER INFORMATION CONTACT:
We are
adopting an updated EDGAR Filer
Manual, 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 II
entitled EDGAR Filer Manual, Volume
II: ‘‘EDGAR Filing,’’ Version 22 (January
2013). 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
format.2 Filers may consult the Filer
Manual in conjunction with our rules
governing mandated electronic filing
wreier-aviles on DSK5TPTVN1PROD with
SUPPLEMENTARY INFORMATION:
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 Oct. 4, 2012. See Release No. 33–9364
(October 15, 2012) [77 FR 62431].
2 See Rule 301 of Regulation S–T (17 CFR
232.301).
VerDate Mar<15>2010
15:13 Jan 22, 2013
Jkt 229001
when preparing documents for
electronic submission.3
The EDGAR system will be upgraded
to Release 13.0 on January 14, 2013 and
will introduce the following changes:
EDGAR will be updated to introduce a
new submission type, IRANNOTICE, on
EDGAR Filing Web site for filers to
submit notices of disclosure filed in
Exchange Act quarterly and annual
reports under Section 219 of the Iran
Threat Reduction and Syria Human
Rights Act of 2012 4 and new section
13(r) of the Securities Exchange Act of
1934.5 Filers may access this
submission type from the ‘EDGARLink
Online Form Submission’ link on the
EDGAR Filing Web site. Additionally,
filers may construct XML submissions
for this submission type by following
the EDGARLink Online Technical
Specification document.
EDGAR will be updated to allow filers
to submit, on a voluntary basis,
submission types 497AD, 40–17G, 40–
17G/A, 40–17GCS, 40–17GCS/A, 40–
24B2, and 40–24B2/A in Portable
Document Format (PDF) as an official
filing format. EDGAR will continue to
accept ASCII and HTML as official filing
formats for these submissions.
The new online version of Form N–
SAR deployment has been delayed to
April 2013. The specific deployment
date will be announced on the
Commission’s public Web site’s
‘‘Information for EDGAR Filers’’ page
(https://www.sec.gov/info/edgar.shtml).
Filers should continue to use the
EDGAR Filer Manual, Volume III: N–
SAR Supplement to file their N–SAR
submissions. When the online version
of Form N–SAR is deployed, EDGAR
Filer Manual, Volume III: N–SAR
Supplement will be retired. Instructions
to file the online version of Form N–
SAR addressed in Chapter 9 of EDGAR
Filer Manual, Volume II: EDGAR Filing
should then be followed.
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 51.6
3 See
Release No. 33–9364 (October 15, 2012) [77
FR 62431] in which we implemented EDGAR
Release 12.2. For additional history of Filer Manual
rules, please see the cites therein.
4 Public Law 112–158.
5 15 U.S.C. 78m(r).
6 We also are making a technical correction to the
instructions of Form ID (referenced in 17 CFR
239.63, 249.446, 269.7 and 274.402) to conform
them with a recent change we made to Rules 10 (17
CFR 232.10) and 101 (17 CFR 232.101) of
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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
10:00 a.m. and 3:00 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 and the
corresponding rule changes relate solely
to agency procedures or practice,
publication for notice and comment is
not required under the Administrative
Procedure Act (APA).7 It follows that
the requirements of the Regulatory
Flexibility Act 8 do not apply.
The effective date for the updated
Filer Manual and the rule amendments
is January 23, 2013. In accordance with
the APA,9 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 13.0 is scheduled to become
available on January 14, 2013. 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
1933,10 Sections 3, 12, 13, 14, 15, 23,
and 35A of the Securities Exchange Act
of 1934,11 Section 319 of the Trust
Indenture Act of 1939,12 and Sections 8,
30, 31, and 38 of the Investment
Company Act of 1940.13
List of Subjects
17 CFR Part 232
Incorporation by reference, Reporting
and recordkeeping requirements,
Securities.
17 CFR Parts 239, 249 and 269
Reporting and recordkeeping
requirements, Securities.
Regulation S–T and the EDGAR Filer Manual
relating to the use of PDF files in connection with
the Form ID authentication process. See Release No.
33–9353 (Aug. 29, 2012).
7 5 U.S.C. 553(b).
8 5 U.S.C. 601– 612.
9 5 U.S.C. 553(d)(3).
10 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
11 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and
78ll.
12 15 U.S.C. 77sss.
13 15 U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37.
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4768
Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Rules and Regulations
17 CFR Part 274
Investment companies, 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:
PART 239—FORMS PRESCRIBED
UNDER THE SECURITIES ACT OF 1933
3. The authority citation for Part 239
continues to read, in part, as follows:
■
Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s,
77z–2, 77z–3, 77sss, 78c, 78l, 78m, 78n,
78o(d), 78u–5, 78w(a), 78ll, 78mm, 80a–2(a),
80a–3, 80a–8, 80a–9, 80a–10, 80a–13, 80a–
24, 80a–26, 80a–29, 80a–30, 80a–37, and
Pub. L. 111–203, § 939A, 124 Stat. 1376,
(2010) unless otherwise noted.
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PART 249—FORMS, SECURITIES
EXCHANGE ACT OF 1934
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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.
assemble the Form ID submission (i.e.,
associate any attachments with your
Form ID application), you must upload
them to EDGAR. The PDF document
attachment must not contain active
content (Actions, embedded JavaScript,
etc.), external references (Destinations,
Hyperlinks, etc.), and passwords or
document security controls.
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Dated: January 14, 2013.
By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013–01058 Filed 1–22–13; 8:45 am]
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4. The authority citation for Part 249
continues to read, in part, as follows:
BILLING CODE 8011–01–P
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Authority: 15 U.S.C. 78a et seq., and 7201
et seq.; and 18 U.S.C. 1350, unless otherwise
noted.
SECURITIES AND EXCHANGE
COMMISSION
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17 CFR Part 240
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2. Section 232.301 is revised to read
as follows:
wreier-aviles on DSK5TPTVN1PROD with
§ 232.301
EDGAR Filer Manual.
Filers must prepare electronic filings
in the manner prescribed by the EDGAR
Filer Manual, promulgated by the
Commission, which sets out the
technical formatting requirements for
electronic submissions. The
requirements for becoming an EDGAR
Filer and updating company data are set
forth in the EDGAR Filer Manual,
Volume I: ‘‘General Information,’’
Version 14 (October 2012). The
requirements for filing on EDGAR are
set forth in the updated EDGAR Filer
Manual, Volume II: ‘‘EDGAR Filing,’’
Version 22 (January 2013). 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
10:00 a.m. and 3:00 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.
VerDate Mar<15>2010
15:13 Jan 22, 2013
Jkt 229001
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PART 269—FORMS PRESCRIBED
UNDER THE TRUST INDENTURE ACT
OF 1939
5. The authority citation for Part 269
continues to read as follows:
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Authority: 15 U.S.C. 77ddd(c), 77eee,
77ggg, 77hhh, 77iii, 77jjj, 77sss, and 78ll(d),
unless otherwise noted.
PART 274—FORMS PRESCRIBED
UNDER THE INVESTMENT COMPANY
ACT OF 1940
6. The authority citation for Part 274
continues to read, in part, as follows:
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Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s,
78c(b), 78l, 78m, 78n, 78o(d), 80a–8, 80a–24,
80a–26, and 80a–29, unless otherwise noted.
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7. Form ID (referenced in §§ 239.63,
249.446, 269.7 and 274.402 of this
chapter) is amended by revising the
fourth paragraph of the section entitled
‘‘Using and Preparing Form ID’’ of the
Form ID General Instructions, to read as
follows.
[The revised Form ID will not appear
in the Code of Federal Regulations]
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FORM ID
UNIFORM APPLICATION FOR ACCESS
CODES TO FILE ON EDGAR
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FORM ID
GENERAL INSTRUCTIONS
USING AND PREPARING FORM ID
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The Form ID application must include
a notarized authentication document in
PDF format. The application can
include other attachments such as a
cover letter or Power of Attorney. To
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[Release No. 34–68668; File No. S7–11–11]
RIN 3235–AL11
Lost Securityholders and
Unresponsive Payees
Securities and Exchange
Commission.
ACTION: Final rule.
AGENCY:
The Securities and Exchange
Commission (‘‘Commission’’) is
adopting amendments to Rule 17Ad–17
to implement the requirements of
Section 929W of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act (‘‘Dodd-Frank Act’’). That Section
added to Section 17A of the Securities
Exchange Act of 1934 (‘‘Exchange Act’’)
subsection (g), ‘‘Due Diligence for the
Delivery of Dividends, Interest, and
Other Valuable Property Rights,’’ which
directs the Commission to revise
Exchange Act Rule 17Ad–17, ‘‘Transfer
Agents’ Obligation to Search for Lost
Securityholders’’ to: extend the
requirements of Rule 17Ad–17 to search
for lost securityholders from only
recordkeeping transfer agents to brokers
and dealers as well; add a requirement
that ‘‘paying agents’’ notify
‘‘unresponsive payees’’ that a paying
agent has sent a securityholder a check
that has not yet been negotiated; and
add certain other provisions. The
Commission also is adopting a proposed
conforming amendment to Rule 17Ad–
7(i) and new Rule 15b1–6, a technical
rule to help ensure that brokers and
dealers have notice of their new
obligations with respect to lost
securityholders and unresponsive
payees.
DATES: The amendments will become
effective on March 25, 2013. The
SUMMARY:
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Agencies
[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Rules and Regulations]
[Pages 4766-4768]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01058]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
17 CFR Parts 232, 239, 249, 269, 274
[Release Nos. 33-9382; 34-68644; 39-2488; IC-30348]
Adoption of Updated EDGAR Filer Manual
AGENCY: Securities and Exchange Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Securities and Exchange Commission (the Commission) is
[[Page 4767]]
adopting revisions to the Electronic Data Gathering, Analysis, and
Retrieval System (EDGAR) Filer Manual and related rules to reflect
updates to the EDGAR system. The revisions are being made primarily to
introduce the new EDGARLink Online submission type IRANNOTICE; and
support PDF as an official filing format for submission types 497AD,
40-17G, 40-17G/A, 40-17GCS, 40-17GCS/A, 40-24B2, and 40-24B2/A. The
EDGAR system is scheduled to be upgraded to support this functionality
on January 14, 2013.
DATES: Effective Date: January 23, 2013. The incorporation by reference
of the EDGAR Filer Manual is approved by the Director of the Federal
Register as of January 23, 2013.
FOR FURTHER INFORMATION CONTACT: In the Division of Corporation
Finance, for questions on submission type IRANNOTICE, contact Jeffrey
Thomas at (202) 551-3600; in the Division of Investment Management for
questions concerning submission types 497AD, 40-17G, 40-17G/A, 40-
17GCS, 40-17GCS/A, 40-24B2, and 40-24B2/A, contact Heather Fernandez at
(202) 551-6708; and in the Office of Information Technology, contact
Vanessa Anderson at (202) 551-8800.
SUPPLEMENTARY INFORMATION: We are adopting an updated EDGAR Filer
Manual, 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 Oct. 4, 2012. See Release No. 33-9364 (October 15,
2012) [77 FR 62431].
---------------------------------------------------------------------------
The revisions to the Filer Manual reflect changes within Volume II
entitled EDGAR Filer Manual, Volume II: ``EDGAR Filing,'' Version 22
(January 2013). 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
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. 33-9364 (October 15, 2012) [77 FR 62431] in
which we implemented EDGAR Release 12.2. For additional history of
Filer Manual rules, please see the cites therein.
---------------------------------------------------------------------------
The EDGAR system will be upgraded to Release 13.0 on January 14,
2013 and will introduce the following changes: EDGAR will be updated to
introduce a new submission type, IRANNOTICE, on EDGAR Filing Web site
for filers to submit notices of disclosure filed in Exchange Act
quarterly and annual reports under Section 219 of the Iran Threat
Reduction and Syria Human Rights Act of 2012 \4\ and new section 13(r)
of the Securities Exchange Act of 1934.\5\ Filers may access this
submission type from the `EDGARLink Online Form Submission' link on the
EDGAR Filing Web site. Additionally, filers may construct XML
submissions for this submission type by following the EDGARLink Online
Technical Specification document.
---------------------------------------------------------------------------
\4\ Public Law 112-158.
\5\ 15 U.S.C. 78m(r).
---------------------------------------------------------------------------
EDGAR will be updated to allow filers to submit, on a voluntary
basis, submission types 497AD, 40-17G, 40-17G/A, 40-17GCS, 40-17GCS/A,
40-24B2, and 40-24B2/A in Portable Document Format (PDF) as an official
filing format. EDGAR will continue to accept ASCII and HTML as official
filing formats for these submissions.
The new online version of Form N-SAR deployment has been delayed to
April 2013. The specific deployment date will be announced on the
Commission's public Web site's ``Information for EDGAR Filers'' page
(https://www.sec.gov/info/edgar.shtml). Filers should continue to use
the EDGAR Filer Manual, Volume III: N-SAR Supplement to file their N-
SAR submissions. When the online version of Form N-SAR is deployed,
EDGAR Filer Manual, Volume III: N-SAR Supplement will be retired.
Instructions to file the online version of Form N-SAR addressed in
Chapter 9 of EDGAR Filer Manual, Volume II: EDGAR Filing should then be
followed.
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.\6\
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\6\ We also are making a technical correction to the
instructions of Form ID (referenced in 17 CFR 239.63, 249.446, 269.7
and 274.402) to conform them with a recent change we made to Rules
10 (17 CFR 232.10) and 101 (17 CFR 232.101) of Regulation S-T and
the EDGAR Filer Manual relating to the use of PDF files in
connection with the Form ID authentication process. See Release No.
33-9353 (Aug. 29, 2012).
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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 10:00 a.m. and 3:00 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 and the corresponding rule changes relate
solely to agency procedures or practice, publication for notice and
comment is not required under the Administrative Procedure Act
(APA).\7\ It follows that the requirements of the Regulatory
Flexibility Act \8\ do not apply.
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\7\ 5 U.S.C. 553(b).
\8\ 5 U.S.C. 601- 612.
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The effective date for the updated Filer Manual and the rule
amendments is January 23, 2013. In accordance with the APA,\9\ 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 13.0 is scheduled to become available on January 14, 2013. 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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\9\ 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,\10\ Sections 3, 12,
13, 14, 15, 23, and 35A of the Securities Exchange Act of 1934,\11\
Section 319 of the Trust Indenture Act of 1939,\12\ and Sections 8, 30,
31, and 38 of the Investment Company Act of 1940.\13\
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\10\ 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
\11\ 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll.
\12\ 15 U.S.C. 77sss.
\13\ 15 U.S.C. 80a-8, 80a-29, 80a-30, and 80a-37.
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List of Subjects
17 CFR Part 232
Incorporation by reference, Reporting and recordkeeping
requirements, Securities.
17 CFR Parts 239, 249 and 269
Reporting and recordkeeping requirements, Securities.
[[Page 4768]]
17 CFR Part 274
Investment companies, 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 EDGAR Filer Manual, Volume I: ``General Information,''
Version 14 (October 2012). The requirements for filing on EDGAR are set
forth in the updated EDGAR Filer Manual, Volume II: ``EDGAR Filing,''
Version 22 (January 2013). 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 10:00 a.m. and 3:00 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.
PART 239--FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933
0
3. The authority citation for Part 239 continues to read, in part, as
follows:
Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-3,
77sss, 78c, 78l, 78m, 78n, 78o(d), 78u-5, 78w(a), 78ll, 78mm, 80a-
2(a), 80a-3, 80a-8, 80a-9, 80a-10, 80a-13, 80a-24, 80a-26, 80a-29,
80a-30, 80a-37, and Pub. L. 111-203, Sec. 939A, 124 Stat. 1376,
(2010) unless otherwise noted.
* * * * *
PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934
0
4. The authority citation for Part 249 continues to read, in part, as
follows:
Authority: 15 U.S.C. 78a et seq., and 7201 et seq.; and 18
U.S.C. 1350, unless otherwise noted.
* * * * *
PART 269--FORMS PRESCRIBED UNDER THE TRUST INDENTURE ACT OF 1939
0
5. The authority citation for Part 269 continues to read as follows:
Authority: 15 U.S.C. 77ddd(c), 77eee, 77ggg, 77hhh, 77iii,
77jjj, 77sss, and 78ll(d), unless otherwise noted.
PART 274--FORMS PRESCRIBED UNDER THE INVESTMENT COMPANY ACT OF 1940
0
6. The authority citation for Part 274 continues to read, in part, as
follows:
Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 78c(b), 78l, 78m,
78n, 78o(d), 80a-8, 80a-24, 80a-26, and 80a-29, unless otherwise
noted.
* * * * *
0
7. Form ID (referenced in Sec. Sec. 239.63, 249.446, 269.7 and 274.402
of this chapter) is amended by revising the fourth paragraph of the
section entitled ``Using and Preparing Form ID'' of the Form ID General
Instructions, to read as follows.
[The revised Form ID will not appear in the Code of Federal
Regulations]
FORM ID
UNIFORM APPLICATION FOR ACCESS CODES TO FILE ON EDGAR
* * * * *
FORM ID
GENERAL INSTRUCTIONS
USING AND PREPARING FORM ID
* * * * *
The Form ID application must include a notarized authentication
document in PDF format. The application can include other attachments
such as a cover letter or Power of Attorney. To assemble the Form ID
submission (i.e., associate any attachments with your Form ID
application), you must upload them to EDGAR. The PDF document
attachment must not contain active content (Actions, embedded
JavaScript, etc.), external references (Destinations, Hyperlinks,
etc.), and passwords or document security controls.
* * * * *
Dated: January 14, 2013.
By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-01058 Filed 1-22-13; 8:45 am]
BILLING CODE 8011-01-P