Adoption of Updated EDGAR Filer Manual, 59578-59580 [2015-24904]
Download as PDF
59578
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
PART 40—PROVISIONS COMMON TO
REGISTERED ENTITIES
6. The authority citation for part 40
continues to read as follows:
■
Authority: 7 U.S.C. 1a, 2, 5, 6, 7, 7a and
12, as amended by Titles VII and VIII of the
Dodd-Frank Wall Street Reform and
Consumer Protection Act, Pub. L. 111–203,
124 Stat. 1376 (2010).
§ 40.8
[Amended]
7. Amend § 40.8 by removing and
reserving paragraph (b).
■ 8. Revise Appendix D to part 40 to
read as follows:
■
9. The authority citation for part 140
continues to read as follows:
Authority: 7 U.S.C. 2(a)(12), 12a, 13(c),
13(d), 13(e), and 16(b).
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Jkt 238001
10. Revise paragraph (d)(2)(i) of
§ 140.99 to read as follows:
■
(a) A properly completed submission cover
sheet shall accompany all rule and product
submissions submitted electronically by a
registered entity in a format and manner
specified by the Secretary of the Commission
to the Secretary of the Commission. A
properly completed submission cover sheet
shall include all of the following:
1. Identifier Code (optional)—A registered
entity Identifier Code at the top of the cover
sheet, if applicable. Such codes are
commonly generated by registered entities to
provide an identifier that is unique to each
filing (e.g., NYMEX Submission 03–116).
2. Date—The date of the filing.
3. Organization—The name of the
organization filing the submission (e.g.,
CBOT).
4. Filing as a—Check in the appropriate
box indicating that the rule or product is
being submitted by a designated contract
market (DCM), derivatives clearing
organization (DCO), swap execution facility
(SEF), or swap data repository (SDR).
5. Type of Filing—An indication as to
whether the filing is a new rule, rule
amendment or new product. The registered
entity should check the appropriate box to
indicate the applicable category under that
heading.
6. Rule Numbers—For rule filings, the rule
number(s) being adopted or modified in the
case of rule amendment filings.
7. Description—For rule or rule
amendment filings, a description of the new
rule or rule amendment, including a
discussion of its expected impact on the
registered entity, market participants, and the
overall market. The narrative should describe
the substance of the submission with enough
specificity to characterize all material aspects
of the filing.
(b) Other Requirements—A submission
shall comply with all applicable filing
requirements for proposed rules, rule
amendments, or products. The filing of the
submission cover sheet does not obviate the
registered entity’s responsibility to comply
with applicable filing requirements (e.g.,
rules submitted for Commission approval
under § 40.5 must be accompanied by an
explanation of the purpose and effect of the
proposed rule along with a description of any
substantive opposing views).
(c) Checking the box marked ‘‘confidential
treatment requested’’ on the Submission
20:30 Oct 01, 2015
PART 140—ORGANIZATION,
FUNCTIONS, AND PROCEDURES OF
THE COMMISSION
■
Appendix D to Part 40—Submission
Cover Sheet and Instructions
VerDate Sep<11>2014
Cover Sheet does not obviate the submitter’s
responsibility to comply with all applicable
requirements for requesting confidential
treatment in § 40.8 and, where appropriate,
§ 145.9 of this chapter, and will not
substitute for notice or full compliance with
such requirements.
§ 140.99 Requests for exemptive, noaction and interpretative letters.
*
*
*
*
*
(d) * * *
(2)(i) A request for a Letter relating to
the provisions of the Act or the
Commission’s rules, regulations or
orders governing designated contract
markets, registered swap execution
facilities, registered swap data
repositories, registered foreign boards of
trade, the nature of particular
transactions and whether they are
exempt or excluded from being required
to be traded on one of the foregoing
entities, made available for trading
determinations, position limits, hedging
exemptions, position aggregation
treatment or the reporting of market
positions shall be filed with the
Director, Division of Market Oversight,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW., Washington, DC
20581.
*
*
*
*
*
Issued in Washington, DC, on September
28, 2015, by the Commission.
Christopher J. Kirkpatrick,
Secretary of the Commission.
NOTE: The following appendix will not
appear in the Code of Federal Regulations.
Appendix To Repeal of the Exempt
Commercial Market and Exempt Board
of Trade Exemptions—Commission
Voting Summary
On this matter, Chairman Massad and
Commissioners Bowen and Giancarlo voted
in the affirmative. No Commissioner voted in
the negative.
[FR Doc. 2015–25029 Filed 10–1–15; 8:45 am]
BILLING CODE 6351–01–P
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SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 232
[Release Nos. 33–9911; 34–75918; 39–2506;
IC–31823]
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 and
related rules to reflect updates to the
EDGAR system. The updates are being
made to add two new Security-based
Swap Data Repository (SDR) submission
form types; make available new exhibit
EX–36 (Depositor Certification for shelf
offerings of asset-backed securities) on
EDGARLink Online for submission form
types SF–3, SF–3/A, 8–K, and 8–K/A;
accept Exhibit K and Exhibit L in
eXtensible Business Reporting Language
(XBRL) format for submission form
types SDR, SDR/A, SDR–A, and
SDR–W; consider valid XBRL file
attachments if they contain multiple
identically tagged XBRL facts; make
documentation updates to Chapter 2 of
the ‘‘EDGAR Filer Manual, Volume I:
General Information’’ and Chapters 2, 3,
and 7 of the ‘‘EDGAR Filer Manual,
Volume II: EDGAR Filing’’ relating to
Form NRSRO; and make formatting
changes to ‘‘EDGAR Filer Manual,
Volume I: General Information’’,
‘‘EDGAR Filer Manual, Volume II:
EDGAR Filing’’, and ‘‘EDGAR Filer
Manual, Volume III:
N–SAR Supplement’’ for compliance
with Section 508 of the U.S.
Rehabilitation Act. The Filer Manual is
also being revised to address software
changes made previously in EDGAR. On
July 10, 2015, Regulation A submission
form types DOS, DOS/A, 1–A, 1–A/A,
and
1–A POS were updated to prevent a filer
from entering a response in Item 6(d)
when the ‘‘None’’ option has been
selected on Item 6. The EDGAR system
is scheduled to be upgraded to support
this functionality on September 14,
2015.
SUMMARY:
Effective October 2, 2015. The
incorporation by reference of the
EDGAR Filer Manual is approved by the
Director of the Federal Register as of
October 2, 2015.
FOR FURTHER INFORMATION CONTACT: In
the Division of Trading and Markets, for
DATES:
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02OCR1
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
asabaliauskas on DSK5VPTVN1PROD with RULES
questions concerning SDR and NRSRO
form types, contact Kathy Bateman at
(202) 551–4345; in the Division of
Corporation Finance, for questions
concerning SF–3, 8–K, and Regulation A
form types, contact Heather Mackintosh
at (202) 551–8111; in the Division of
Economic and Risk Analysis, for
questions concerning XBRL
submissions, contract Walter Hamscher
at (202) 551–5397; and in the Office of
Information Technology, for questions
concerning Section 508 of the U.S.
Rehabilitation Act, contact Tammy
Borkowski at (202) 551–7208.
SUPPLEMENTARY INFORMATION: We are
adopting an updated EDGAR Filer
Manual, Volume I, Volume II, and
Volume III. 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 23
(September 2015), Volume II entitled
EDGAR Filer Manual, Volume II:
‘‘EDGAR Filing,’’ Version 34 (September
2015), and Volume III entitled EDGAR
Filer Manual, Volume III: ‘‘N–SAR
Supplement,’’ Version 5 (September
2015). 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
The EDGAR system will be upgraded
to Release 15.3 on September 14, 2015
and will introduce the following
changes:
As part of the final rules adopted on
January 14, 2015 for regulating securitybased swap data repositories (SDR), the
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 August 3, 2015. See Release No. 33–
9874 (August 24, 2015) [80 FR 51123].
2 See Rule 301 of Regulation S–T (17 CFR
232.301).
3 See Release No. 33–9874 in which we
implemented EDGAR Release 15.2.2. For additional
history of Filer Manual rules, please see the cites
therein.
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20:30 Oct 01, 2015
Jkt 238001
following submission form types will be
added to EDGAR: 4
• SDR–CCO—Annual Compliance
Report and Annual Financial Report
• SDR–CCO/A—Amendment to Annual
Compliance Report and Annual
Financial Report
These submission form types can be
accessed by selecting the ‘EDGARLink
Online Form Submission’ link on the
EDGAR Filing Web site. Additionally,
applicants may construct XML
submissions for SDR–CCO and SDR–
CCO/A by following the ‘‘EDGARLink
Online XML Technical Specification’’
document available on the SEC’s Public
Web site (https://www.sec.gov/info/
edgar.shtml).
Submission form types SDR–CCO and
SDR–CCO/A will include the ‘‘Request
Confidentiality’’ check box to allow
applicants to request confidential
treatment for each attached document.
After an SDR–CCO or SDR–CCO/A
filing is submitted, SEC staff will review
the submission and make a
determination of whether the
information for which confidential
treatment is requested should be made
public. EDGAR will only disseminate
the attached documents of the
submission that the SEC staff has
determined to be public.
In connection with the Commission’s
revised rules and forms for disclosure
by asset-backed securities issuers, new
exhibit EX–36 (Depositor Certification
for shelf offerings of asset-backed
securities) will be available on
EDGARLink Online for submission form
types SF–3, SF–3/A, 8–K, and 8–K/A.5
This change will allow registrants to file
a certification required for shelf
offerings of asset-backed securities as an
EX–36. Filers will have the option to
attach exhibit EX–36 in official HTML
or ASCII format (and unofficially in PDF
format) on submission form types SF–3
and SF–3/A and on submission form
types 8–K and 8–K/A, when the SIC
code associated with the Primary Filer
CIK is 6189 (Asset-Backed Securities).
EDGAR will be updated to include the
following XBRL document types for
submission form types SDR, SDR/A,
SDR–A, and SDR–W:
• EX–99.K SDR.INS, EX–99.K
SDR.SCH, EX–99.K SDR.PRE, EX–
99.K SDR.LAB, EX–99.K SDR.CAL,
and EX–99.K SDR.DEF
• EX–99.L SDR.INS, EX–99.L SDR.SCH,
EX–99.L SDR.PRE, EX–99.L SDR.LAB,
4 See Security-Based Swap Data Repository
Registration, Duties, and Core Principles, Exchange
Act Release No. 34–74246 (Feb. 11, 2015), 80 FR
14437 (March 9, 2015).
5 See Asset-Backed Securities Disclosure and
Registration, Securities Act Release No. 33–9638
(September 4, 2014).
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59579
EX–99.L SDR.CAL, and EX–99.L
SDR.DEF
Filers will now be able to submit SDR
Exhibit K and Exhibit L in XBRL format
for submission form types SDR, SDR/A,
SDR–A, and SDR–W. Filers can
continue to provide SDR Exhibit K and
Exhibit L in ASCII or HTML formats for
submission form types SDR, SDR/A,
SDR–A, and SDR–W.
XBRL file attachments will be
considered valid if they contain
multiple identically tagged XBRL facts.
Documentation updates were made to
Chapter 2 of the ‘‘EDGAR Filer Manual,
Volume I: General Information’’ and
Chapters 2, 3, and 7 of the ‘‘EDGAR
Filer Manual, Volume II: EDGAR Filing’’
relating to Form NRSRO.
Formatting changes were made to
‘‘EDGAR Filer Manual, Volume I:
General Information’’, ‘‘EDGAR Filer
Manual, Volume II: EDGAR Filing’’, and
‘‘EDGAR Filer Manual, Volume III:
N–SAR Supplement’’ for compliance
with Section 508 of the U.S.
Rehabilitation Act.
The Filer Manual is also being revised
to address software changes made
previously in EDGAR. On July 10, 2015,
EDGAR Release 15.2.e.4 introduced the
following change:
• Regulation A submission form types
DOS, DOS/A, 1–A, 1–A/A, and 1–A
POS were updated to prevent a filer
from entering a response in Item 6(d)
when the ‘‘None’’ option has been
selected on Item 6.
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.
The updated EDGAR Filer Manual
will be available for Web site viewing
and printing; the address for the Filer
Manual is https://www.sec.gov/info/
edgar.shtml. You may also 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.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m.
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).6 It follows that
65
U.S.C. 553(b).
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59580
Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
the requirements of the Regulatory
Flexibility Act 7 do not apply.
The effective date for the updated
Filer Manual and the rule amendments
is October 2, 2015. 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 15.3 is scheduled to become
available on September 14, 2015. 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. 77c, 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 unless otherwise noted.
*
*
*
*
*
2. Section 232.301 is revised to read
as follows:
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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
U.S.C. 601–612.
U.S.C. 553(d)(3).
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.
85
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20:30 Oct 01, 2015
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[FR Doc. 2015–24904 Filed 10–1–15; 8:45 am]
BILLING CODE 8011–01–P
Bureau of Alcohol, Tobacco, Firearms,
and Explosives
EDGAR Filer Manual.
75
By the Commission.
Dated: September 15, 2015.
Brent J. Fields,
Secretary.
DEPARTMENT OF JUSTICE
■
§ 232.301
requirements for becoming an EDGAR
Filer and updating company data are set
forth in the updated EDGAR Filer
Manual, Volume I: ‘‘General
Information,’’ Version 23 (September
2015). The requirements for filing on
EDGAR are set forth in the updated
EDGAR Filer Manual, Volume II:
‘‘EDGAR Filing,’’ Version 34 (September
2015). Additional provisions applicable
to Form N–SAR filers are set forth in the
EDGAR Filer Manual, Volume III: ‘‘N–
SAR Supplement,’’ Version 5
(September 2015). 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. The EDGAR Filer Manual is
available for Web site viewing and
printing; the address for the Filer
Manual is https://www.sec.gov/info/
edgar.shtml. 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.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. 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.
27 CFR Part 555
[Docket No. ATF 2013R–9F; AG Order No.
3566–2015]
Technical Amendments to
Regulations; Correction
Bureau of Alcohol, Tobacco,
Firearms, and Explosives, Department of
Justice.
ACTION: Final rule; Correcting
amendments.
AGENCY:
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The Department of Justice
published in the Federal Register of
August 11, 2014, a final rule making
technical changes to correcting a
technical amendment to a definition in
the Bureau of Alcohol, Tobacco,
Firearms, and Explosives regulations
related to commerce in explosives. That
document inadvertently included an
incorrect definition for ‘‘Customs
officer’’ in 27 CFR part 555. This final
rule corrects the 2014 amendments by
revising the definition.
SUMMARY:
DATES:
This rule is effective October 2,
2015.
FOR FURTHER INFORMATION CONTACT:
Shermaine Kenner, Office of Regulatory
Affairs, Enforcement Programs and
Services, Bureau of Alcohol, Tobacco,
Firearms, and Explosives, U.S.
Department of Justice, 99 New York
Avenue NE., Washington, DC 20226;
telephone: (202) 648–7070 (this is not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF)
administers regulations published in
title 27, chapter II, Code of Federal
Regulations (CFR). On August 11, 2014,
the Department of Justice (DOJ)
published in the Federal Register a final
rule that made technical amendments
and corrected typographical errors in
ATF regulations in the CFR (79 FR
46690). Many of the technical changes
were made to reflect changes in
nomenclature resulting from the transfer
of ATF to DOJ from the Department of
the Treasury, pursuant to the Homeland
Security Act of 2002. The changes were
designed to provide clarity and enhance
uniformity throughout these regulations.
The 2014 technical amendments
inadvertently contained an incorrect
definition for ‘‘Customs officer’’ in 27
CFR part 555. This final rule corrects
the changes in the Code of Federal
Regulations made by the 2014 technical
amendments by revising the definition.
Section 555.11, defining ‘‘Customs
officer,’’ is being amended so that it no
longer contains a reference to ‘‘Customs
Service.’’ The new definition reads as
follows: ‘‘Any officer of U.S. Customs
and Border Protection, any
commissioned, warrant, or petty officer
of the Coast Guard, or any agent or other
person authorized by law to perform the
duties of a customs officer.’’
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Agencies
[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59578-59580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24904]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
17 CFR Part 232
[Release Nos. 33-9911; 34-75918; 39-2506; IC-31823]
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 and related rules to reflect
updates to the EDGAR system. The updates are being made to add two new
Security-based Swap Data Repository (SDR) submission form types; make
available new exhibit EX-36 (Depositor Certification for shelf
offerings of asset-backed securities) on EDGARLink Online for
submission form types SF-3, SF-3/A, 8-K, and 8-K/A; accept Exhibit K
and Exhibit L in eXtensible Business Reporting Language (XBRL) format
for submission form types SDR, SDR/A, SDR-A, and SDR-W; consider valid
XBRL file attachments if they contain multiple identically tagged XBRL
facts; make documentation updates to Chapter 2 of the ``EDGAR Filer
Manual, Volume I: General Information'' and Chapters 2, 3, and 7 of the
``EDGAR Filer Manual, Volume II: EDGAR Filing'' relating to Form NRSRO;
and make formatting changes to ``EDGAR Filer Manual, Volume I: General
Information'', ``EDGAR Filer Manual, Volume II: EDGAR Filing'', and
``EDGAR Filer Manual, Volume III: N-SAR Supplement'' for compliance
with Section 508 of the U.S. Rehabilitation Act. The Filer Manual is
also being revised to address software changes made previously in
EDGAR. On July 10, 2015, Regulation A submission form types DOS, DOS/A,
1-A, 1-A/A, and 1-A POS were updated to prevent a filer from entering a
response in Item 6(d) when the ``None'' option has been selected on
Item 6. The EDGAR system is scheduled to be upgraded to support this
functionality on September 14, 2015.
DATES: Effective October 2, 2015. The incorporation by reference of the
EDGAR Filer Manual is approved by the Director of the Federal Register
as of October 2, 2015.
FOR FURTHER INFORMATION CONTACT: In the Division of Trading and
Markets, for
[[Page 59579]]
questions concerning SDR and NRSRO form types, contact Kathy Bateman at
(202) 551-4345; in the Division of Corporation Finance, for questions
concerning SF-3, 8-K, and Regulation A form types, contact Heather
Mackintosh at (202) 551-8111; in the Division of Economic and Risk
Analysis, for questions concerning XBRL submissions, contract Walter
Hamscher at (202) 551-5397; and in the Office of Information
Technology, for questions concerning Section 508 of the U.S.
Rehabilitation Act, contact Tammy Borkowski at (202) 551-7208.
SUPPLEMENTARY INFORMATION: We are adopting an updated EDGAR Filer
Manual, Volume I, Volume II, and Volume III. 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 August 3, 2015. See Release No. 33-9874 (August 24,
2015) [80 FR 51123].
---------------------------------------------------------------------------
The revisions to the Filer Manual reflect changes within Volume I
entitled EDGAR Filer Manual, Volume I: ``General Information,'' Version
23 (September 2015), Volume II entitled EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 34 (September 2015), and Volume III entitled
EDGAR Filer Manual, Volume III: ``N-SAR Supplement,'' Version 5
(September 2015). 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. 33-9874 in which we implemented EDGAR
Release 15.2.2. For additional history of Filer Manual rules, please
see the cites therein.
---------------------------------------------------------------------------
The EDGAR system will be upgraded to Release 15.3 on September 14,
2015 and will introduce the following changes:
As part of the final rules adopted on January 14, 2015 for
regulating security-based swap data repositories (SDR), the following
submission form types will be added to EDGAR: \4\
---------------------------------------------------------------------------
\4\ See Security-Based Swap Data Repository Registration,
Duties, and Core Principles, Exchange Act Release No. 34-74246 (Feb.
11, 2015), 80 FR 14437 (March 9, 2015).
SDR-CCO--Annual Compliance Report and Annual Financial Report
SDR-CCO/A--Amendment to Annual Compliance Report and Annual
Financial Report
These submission form types can be accessed by selecting the
`EDGARLink Online Form Submission' link on the EDGAR Filing Web site.
Additionally, applicants may construct XML submissions for SDR-CCO and
SDR-CCO/A by following the ``EDGARLink Online XML Technical
Specification'' document available on the SEC's Public Web site (https://www.sec.gov/info/edgar.shtml).
Submission form types SDR-CCO and SDR-CCO/A will include the
``Request Confidentiality'' check box to allow applicants to request
confidential treatment for each attached document. After an SDR-CCO or
SDR-CCO/A filing is submitted, SEC staff will review the submission and
make a determination of whether the information for which confidential
treatment is requested should be made public. EDGAR will only
disseminate the attached documents of the submission that the SEC staff
has determined to be public.
In connection with the Commission's revised rules and forms for
disclosure by asset-backed securities issuers, new exhibit EX-36
(Depositor Certification for shelf offerings of asset-backed
securities) will be available on EDGARLink Online for submission form
types SF-3, SF-3/A, 8-K, and 8-K/A.\5\ This change will allow
registrants to file a certification required for shelf offerings of
asset-backed securities as an EX-36. Filers will have the option to
attach exhibit EX-36 in official HTML or ASCII format (and unofficially
in PDF format) on submission form types SF-3 and SF-3/A and on
submission form types 8-K and 8-K/A, when the SIC code associated with
the Primary Filer CIK is 6189 (Asset-Backed Securities).
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\5\ See Asset-Backed Securities Disclosure and Registration,
Securities Act Release No. 33-9638 (September 4, 2014).
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EDGAR will be updated to include the following XBRL document types
for submission form types SDR, SDR/A, SDR-A, and SDR-W:
EX-99.K SDR.INS, EX-99.K SDR.SCH, EX-99.K SDR.PRE, EX-99.K
SDR.LAB, EX-99.K SDR.CAL, and EX-99.K SDR.DEF
EX-99.L SDR.INS, EX-99.L SDR.SCH, EX-99.L SDR.PRE, EX-99.L
SDR.LAB, EX-99.L SDR.CAL, and EX-99.L SDR.DEF
Filers will now be able to submit SDR Exhibit K and Exhibit L in
XBRL format for submission form types SDR, SDR/A, SDR-A, and SDR-W.
Filers can continue to provide SDR Exhibit K and Exhibit L in ASCII or
HTML formats for submission form types SDR, SDR/A, SDR-A, and SDR-W.
XBRL file attachments will be considered valid if they contain
multiple identically tagged XBRL facts.
Documentation updates were made to Chapter 2 of the ``EDGAR Filer
Manual, Volume I: General Information'' and Chapters 2, 3, and 7 of the
``EDGAR Filer Manual, Volume II: EDGAR Filing'' relating to Form NRSRO.
Formatting changes were made to ``EDGAR Filer Manual, Volume I:
General Information'', ``EDGAR Filer Manual, Volume II: EDGAR Filing'',
and ``EDGAR Filer Manual, Volume III: N-SAR Supplement'' for compliance
with Section 508 of the U.S. Rehabilitation Act.
The Filer Manual is also being revised to address software changes
made previously in EDGAR. On July 10, 2015, EDGAR Release 15.2.e.4
introduced the following change:
Regulation A submission form types DOS, DOS/A, 1-A, 1-A/A, and
1-A POS were updated to prevent a filer from entering a response in
Item 6(d) when the ``None'' option has been selected on Item 6.
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.
The updated EDGAR Filer Manual will be available for Web site
viewing and printing; the address for the Filer Manual is https://www.sec.gov/info/edgar.shtml. You may also 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., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m.
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).\6\ It follows that
[[Page 59580]]
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 October 2, 2015. 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 15.3 is scheduled to become available on September 14, 2015.
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. 77c, 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
unless otherwise noted.
* * * * *
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 23 (September 2015). The requirements for filing
on EDGAR are set forth in the updated EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 34 (September 2015). Additional provisions
applicable to Form N-SAR filers are set forth in the EDGAR Filer
Manual, Volume III: ``N-SAR Supplement,'' Version 5 (September 2015).
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. The EDGAR Filer Manual is available
for Web site viewing and printing; the address for the Filer Manual is
https://www.sec.gov/info/edgar.shtml. 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., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. 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: September 15, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-24904 Filed 10-1-15; 8:45 am]
BILLING CODE 8011-01-P