Adoption of Updated EDGAR Filer Manual, 2369-2371 [2018-00625]
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Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Rules and Regulations
(b) Unsafe Condition
This AD defines the unsafe condition as a
crack in a spindle, which, if not detected,
could result in loss of a main rotor blade and
subsequent loss of control of the helicopter.
(c) Affected ADs
This AD supersedes AD 2015–08–51,
Amendment 39–18160 (80 FR 28172, May 18,
2015).
(d) Effective Date
This AD becomes effective February 21,
2018.
(e) Compliance
You are responsible for performing each
action required by this AD within the
specified compliance time unless it has
already been accomplished prior to that time.
(f) Required Actions
(1) Before further flight, remove from
service any spindle P/N 28–14282–11 or 28–
14282–13 that has 1,500 or more hours timein-service (TIS). If the hours TIS of a spindle
is unknown, use the TIS of the helicopter.
Thereafter, remove from service any spindle
P/N 28–14282–11 or 28–14282–13 before
accumulating 1,500 hours TIS.
(2) For each spindle with 500 or more
hours TIS, using the hours TIS of the
helicopter if the hours TIS of the spindle is
unknown:
(i) Before further flight, unless already
done within the last 500 hours TIS, conduct
a magnetic particle inspection (MPI) of the
spindle for a crack, paying particular
attention to the threaded portion of the
spindle. The MPI of the spindle must be
conducted by a Level II or Level III inspector
qualified in the MPI in the Aeronautics
Sector according to the EN4179 or NAS410
standard or equivalent. If there is a crack in
the spindle, replace it with an airworthy
spindle before further flight.
(ii) Thereafter at intervals not to exceed
500 hours TIS, repeat the MPI specified in
paragraph (f)(2)(i) of this AD.
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(g) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Chicago ACO Branch,
FAA, may approve AMOCs for this AD. Send
your proposal to: Manzoor Javed, Senior
Aerospace Engineer, Chicago ACO Branch,
Compliance and Airworthiness Division,
FAA, 2300 East Devon Ave., Des Plaines, IL
60018; telephone (847) 294–8112; email
manzoor.javed@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, we suggest that
you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office, before
operating any aircraft complying with this
AD through an AMOC.
(h) Additional Information
Enstrom Service Directive Bulletin Nos.
0119 and T–050, both Revision 3 and both
dated June 24, 2016, which are not
incorporated by reference, contain additional
information about the subject of this AD. For
service information identified in this AD,
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contact Enstrom Helicopter Corporation,
2209 22nd Street, Menominee, MI; telephone
(906) 863–1200; fax (906) 863–6821; or at
www.enstromhelicopter.com. You may
review a copy of the service information at
the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy.,
Room 6N–321, Fort Worth, TX 76177.
(i) Subject
Joint Aircraft Service Component (JASC)
Code: 6220, Main Rotor Head.
Issued in Fort Worth, Texas, on January 8,
2018.
James A. Grigg,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2018–00659 Filed 1–16–18; 8:45 am]
BILLING CODE 4910–13–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 232
[Release Nos. 33–10444; 34–82246; 39–
2519; IC–32938]
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 EDGAR system is
scheduled to be upgraded on December
11, 2017.
DATES: Effective January 17, 2018. The
incorporation by reference of the
EDGAR Filer Manual is approved by the
Director of the Federal Register as of
January 17, 2018.
FOR FURTHER INFORMATION CONTACT: In
the Division of Investment Management,
for questions concerning Form N–
LIQUID and additional data submission
protocols for Form N–CEN, contact
Heather Fernandez at (202) 551–6708;
and in the Division of Corporation
Finance, for questions concerning the
combined Form 10–D/ABS–EE
submission protocols or the new CERT
submission form type, contact Heather
Macintosh at (202) 551–8111.
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
SUMMARY:
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2369
the EDGAR system.1 It also describes
the requirements for filing using
EDGARLink Online and the Online
Forms/XML website.
The revisions to the Filer Manual
reflect changes within Volume II,
entitled EDGAR Filer Manual, Volume
II: ‘‘EDGAR Filing,’’ Version 44
(December 2017). 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 17.4 on December 11, 2017
and will introduce the changes
referenced below.
EDGAR Release 17.4 will update
EDGAR to allow, but not require, assetbacked securities filers to submit a
combined Form 10–D and Form ABS–
EE. The combined submission would
allow filers to concurrently submit and
create hyperlinks in Form 10–D to the
Form ABS–EE exhibits incorporated by
reference into the Form 10–D.4 The
combined submission will be subject to
a size limitation of 800MB, with 600MB
for the Form ABS–EE submission and
200MB for the Form 10–D submission.
Corresponding changes will be made to
Chapter 5 (Constructing Attached
Documents and Document Types) and
Chapter 7 (Preparing and Transmitting
EDGARLink Online Submissions) of the
EDGAR Filer Manual, Volume II.
EDGAR Release 17.4 will update
EDGAR to allow, but not require,
national securities exchanges to submit
a new certification form type on EDGAR
to evidence the approval of securities
for listing on an exchange. EDGAR
Release 17.4 will introduce submission
1 We originally adopted the Filer Manual on April
1, 1993, with an effective date of April 26, 1993.
Release No. 33–6986 (April 1, 1993) [58 FR 18638].
We implemented the most recent update to the Filer
Manual on September 13, 2017. See Release No. 33–
10413 (September 13, 2017) [82 FR 45434].
2 See Rule 301 of Regulation S–T (17 CFR
232.301).
3 See Release No. 33–10385 (July 6, 2017) [82 FR
35062] (implementing revisions to reflect EDGAR
Release 17.2. For additional history of EDGAR Filer
Manual revisions, please see the citations therein).
4 The Commission previously adopted
amendments requiring registrants to include a
hyperlink to each exhibit listed in the exhibit index
of certain filings, including filings on Form 10–D.
See Release Nos. 33–10322, 34–80132 (March 1,
2017) [82 FR 14130 (March 17, 2017)].
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2370
Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Rules and Regulations
form type CERT, a new EDGARLink
Online submission form type.
Instructions for making submissions of
form type CERT will be added to
Chapter 5 (Constructing Attached
Documents and Document Types) and
Chapter 7 (Preparing and Transmitting
EDGARLink Online Submissions) of the
EDGAR Filer Manual, Volume II.
In Release No. 33–10233 (October 13,
2016) [81 FR 82142], the Commission
adopted changes to the reporting
requirements for open-end management
investment companies. Among the
changes was the adoption of new Form
N–LIQUID, which requires all registered
open-end funds (except money market
funds) to confidentially notify the
Commission when certain events related
to their liquidity occur. EDGAR Release
17.4 will update EDGAR to provide a
means of submitting information
regarding liquidity events using the
following form types:
• Current Report Open-End
Management Investment Company
Liquidity on Form N–LIQUID (N–
LIQUID); and
• Amended Current Report Open-End
Management Investment Company
Liquidity Form N–LIQUID (N–LIQUID/
A).
Changes will be made to Chapter 3
(Index to Forms) and Chapter 7
(Preparing and Transmitting Online
Submissions) of the EDGAR Filer
Manual, Volume II.
In Release No. 33–10231 the
Commission also adopted Form N–CEN,
which will require investment
companies, other than face amount
certificate companies, to provide an
annual report of census-type
information in a structured format.
EDGAR Release 17.3 added Form N–
CEN and its related submission form
types to EDGAR.5 As part of EDGAR
Release 17.4, Chapter 7 (Preparing and
Transmitting Online Submissions) of
the EDGAR Filer Manual, Volume II will
be revised to provide clarifying
instructions for filers on how to submit
an amended Form N–CEN that contains
data from a previously accepted filing
on Form N–CEN or N–CEN/A covering
the same period-end.
Finally, clarifying changes to the
instructions for preparing documents
that contain interactive data will be
made to Chapter 5 (Constructing
Attached Documents and Document
Types) and Chapter 6 (Interactive Data)
of the EDGAR Filer Manual, Volume II.
Along with the adoption of the Filer
Manual, we are amending Rule 301 of
Regulation S–T to provide for the
5 See Release No. 33–10413 (adopting updates to
reflect EDGAR Release 17.3).
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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 website viewing
and printing; the address for the Filer
Manual is https://www.sec.gov/info/
edgar/edmanuals.htm. 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
a.m. and 3 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
the requirements of the Regulatory
Flexibility Act 7 do not apply.
The effective date for the updated
Filer Manual and the rule amendments
is January 17, 2018. 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 17.4 is scheduled to become
available on December 11, 2017. 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 these system
upgrades.
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
65
U.S.C. 553(b)(A).
U.S.C. 601–612.
8 5 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.
75
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Fmt 4700
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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:
■
§ 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 forth 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 29 (September
2017). The requirements for filing on
EDGAR are set forth in the updated
EDGAR Filer Manual, Volume II:
‘‘EDGAR Filing,’’ Version 44 (December
2017). Additional provisions applicable
to Form N–SAR filers are set forth in the
EDGAR Filer Manual, Volume III: ‘‘N–
SAR Supplement,’’ Version 6 (January
2017). 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 website
viewing and printing; the address for
the Filer Manual is https://www.sec.gov/
info/edgar/edmanuals.htm. 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/cfr/
ibr-locations.html.
By the Commission.
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Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Rules and Regulations
Dated: December 8, 2017.
Brent J. Fields,
Secretary.
[FR Doc. 2018–00625 Filed 1–16–18; 8:45 am]
BILLING CODE 8011–01–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 202
[Docket No. 2017–9]
Simplifying Deposit Requirements for
Certain Literary Works and Musical
Compositions
U.S. Copyright Office, Library
of Congress.
ACTION: Final rule.
AGENCY:
The United States Copyright
Office is issuing a final rule, amending
regulations that govern the deposit
requirements for certain types of literary
works and musical compositions. The
final rule is adopted as proposed in the
notice of proposed rulemaking, though
the Office provides some clarification
regarding the rule’s application.
DATES: Effective February 16, 2018.
FOR FURTHER INFORMATION CONTACT:
Sarang V. Damle, General Counsel and
Associate Register of Copyrights, by
email at sdam@loc.gov; Robert J.
Kasunic, Associate Register of
Copyrights and Director of Registration
Policy and Practice, by email at rkas@
loc.gov; Erik Bertin, Deputy Director of
Registration Policy and Practice, by
email at ebertin@loc.gov; or Cindy
Abramson, Assistant General Counsel,
by email at ciab@loc.gov. All can be
reached by telephone by calling 202–
707–8040.
SUPPLEMENTARY INFORMATION: On August
16, 2017, the Copyright Office published
a notice of proposed rulemaking
(‘‘NPRM’’) to amend the regulations
governing the deposit requirements for
certain types of literary works
(specifically, literary monographs) and
musical compositions that are published
in print formats.
Under the previous regulations, two
copies of the best edition were generally
needed to register these types of works
and to comply with the mandatory
deposit requirement. Under the new
rule, copyright owners will be able to
satisfy both registration deposit and
mandatory deposit requirements by
submitting one copy of the best edition
of the work. In the case of literary
monographs, the Office will retain the
right to demand a second copy under
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SUMMARY:
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14:56 Jan 16, 2018
Jkt 244001
the mandatory deposit provision should
the Library need it.
As part of these changes, the rule also
clarifies the deposit requirements for
musical compositions published both in
print and phonorecord formats,
requiring the submission of the print
version for purposes of copyright
registration. If, however, the musical
composition is published only as a
phonorecord, the applicant should
submit a copy of the phonorecord.
All of these changes will improve the
efficiency of registration and mandatory
deposit for both the Office and
copyright owners alike, ensuring that
the Office has an adequate registration
record and continuing to make these
works available to the Library of
Congress when needed for use in its
collections or other disposition.
The NPRM explained in detail the
rationale for the rule changes.1 The
Office solicited and received five
comments, only two of which were
substantive. Having reviewed and
carefully considered the comments, the
Copyright Office now issues a final rule
identical to the proposed rule. While the
Office does not believe the comments
require any alteration to the rule itself,
it does believe that some clarification
would be helpful to both the
commenters and copyright owners, and
is provided here.
The Association of American
Publishers (‘‘AAP’’) filed a comment
regarding the proposed rule as it relates
to the deposit of literary monographs.
While the comment appreciates that the
rule ‘‘could reduce the financial
burdens of publishers with respect to
deposit regulations,’’ it nevertheless
does not support the rule because it
takes issue with the Library’s
disposition of surplus works. AAP
Comments at 2.
AAP appears to believe that there is
no authority in the Copyright Act for the
Library’s disposition of surplus works
and that the only authority comes from
the Library’s own regulations. AAP
Comments at 6–7. But as discussed in
the NPRM, section 704 of the Copyright
Act explicitly states that ‘‘[i]n the case
of published works, all copies,
phonorecords, and identifying material
deposited are available to the Library of
Congress for its collections, or for
exchange or transfer to any other
library.’’ 17 U.S.C. 704(b) (emphasis
added). Furthermore, AAP’s concern
about the Library’s disposition of
surplus books would be diminished by
adoption of the rule, which limits the
volume of works (and thereby any
surplus) coming in to the Library in the
first place. AAP concedes that the rule
should have that result. AAP Comments
at 2. In part, a primary goal of the rule
is to lessen the burden for publishers.
Accordingly, the Office chooses to move
forward with the rule as is and
anticipates that AAP’s members will
benefit significantly from the rule.
The National Music Publishers’
Association (‘‘NMPA’’) filed a comment
in support of the rule, subject to certain
clarifications pertaining to the deposit
of musical compositions. Specifically,
NMPA wanted to clarify that ‘‘where
musical works are originally published
solely as phonorecords, and such
musical works are properly deposited
and registered in accordance with the
statutory and regulatory directives . . .
that the later publication of the same
musical work in the form of a ‘copy’
does not create an additional burden to
subsequently deposit and register the
work in ‘copy’ form.’’ NMPA Comments
at 2. The Office confirms that a later
publication in the form of a ‘‘copy’’ does
not create an additional deposit
requirement.
As NMPA correctly points out, the
Copyright Act defines ‘‘best edition’’ as
‘‘the edition, published in the United
States at any time before the date of
deposit, that the Library of Congress
determines to be most suitable for its
purposes.’’ 17 U.S.C. 101 (emphasis
added); NMPA Comments at 4. NMPA
believes, and the Office agrees, that this
definition limits a ‘‘best edition’’ to
published works at the time of deposit—
that is, at the time the deposit for
copyright registration or mandatory
deposit is made. NMPA Comments at 4–
5. Therefore, if only a phonorecord is
published at the time of deposit, a
subsequently published ‘‘copy’’ would
not be a ‘‘best edition’’ and not be
required for deposit.
NMPA proposes language to the rule
to clarify any confusion regarding
subsequent publication of ‘‘copies.’’ The
Office believes that the rule in its
current form along with the current
definition of ‘‘best edition’’ is sufficient
and no changes need to be made to the
rule.
List of Subjects in 37 CFR Part 202
Copyright, Preregistration and
registration of claims to copyright.
Final Regulations
For the reasons set forth in the
preamble, the Copyright Office amends
37 CFR part 202 as follows:
PART 202—GENERAL PROVISIONS
1. The authority citation for part 202
continues to read as follows:
■
1 82
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FR 38859 (Aug. 16, 2017).
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17JAR1
Agencies
[Federal Register Volume 83, Number 11 (Wednesday, January 17, 2018)]
[Rules and Regulations]
[Pages 2369-2371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00625]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
17 CFR Part 232
[Release Nos. 33-10444; 34-82246; 39-2519; IC-32938]
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 EDGAR system is scheduled to be
upgraded on December 11, 2017.
DATES: Effective January 17, 2018. The incorporation by reference of
the EDGAR Filer Manual is approved by the Director of the Federal
Register as of January 17, 2018.
FOR FURTHER INFORMATION CONTACT: In the Division of Investment
Management, for questions concerning Form N-LIQUID and additional data
submission protocols for Form N-CEN, contact Heather Fernandez at (202)
551-6708; and in the Division of Corporation Finance, for questions
concerning the combined Form 10-D/ABS-EE submission protocols or the
new CERT submission form type, contact Heather Macintosh at (202) 551-
8111.
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 website.
---------------------------------------------------------------------------
\1\ We originally adopted the Filer Manual on April 1, 1993,
with an effective date of April 26, 1993. Release No. 33-6986 (April
1, 1993) [58 FR 18638]. We implemented the most recent update to the
Filer Manual on September 13, 2017. See Release No. 33-10413
(September 13, 2017) [82 FR 45434].
---------------------------------------------------------------------------
The revisions to the Filer Manual reflect changes within Volume II,
entitled EDGAR Filer Manual, Volume II: ``EDGAR Filing,'' Version 44
(December 2017). 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. 33-10385 (July 6, 2017) [82 FR 35062]
(implementing revisions to reflect EDGAR Release 17.2. For
additional history of EDGAR Filer Manual revisions, please see the
citations therein).
---------------------------------------------------------------------------
The EDGAR system will be upgraded to Release 17.4 on December 11,
2017 and will introduce the changes referenced below.
EDGAR Release 17.4 will update EDGAR to allow, but not require,
asset-backed securities filers to submit a combined Form 10-D and Form
ABS-EE. The combined submission would allow filers to concurrently
submit and create hyperlinks in Form 10-D to the Form ABS-EE exhibits
incorporated by reference into the Form 10-D.\4\ The combined
submission will be subject to a size limitation of 800MB, with 600MB
for the Form ABS-EE submission and 200MB for the Form 10-D submission.
Corresponding changes will be made to Chapter 5 (Constructing Attached
Documents and Document Types) and Chapter 7 (Preparing and Transmitting
EDGARLink Online Submissions) of the EDGAR Filer Manual, Volume II.
---------------------------------------------------------------------------
\4\ The Commission previously adopted amendments requiring
registrants to include a hyperlink to each exhibit listed in the
exhibit index of certain filings, including filings on Form 10-D.
See Release Nos. 33-10322, 34-80132 (March 1, 2017) [82 FR 14130
(March 17, 2017)].
---------------------------------------------------------------------------
EDGAR Release 17.4 will update EDGAR to allow, but not require,
national securities exchanges to submit a new certification form type
on EDGAR to evidence the approval of securities for listing on an
exchange. EDGAR Release 17.4 will introduce submission
[[Page 2370]]
form type CERT, a new EDGARLink Online submission form type.
Instructions for making submissions of form type CERT will be added to
Chapter 5 (Constructing Attached Documents and Document Types) and
Chapter 7 (Preparing and Transmitting EDGARLink Online Submissions) of
the EDGAR Filer Manual, Volume II.
In Release No. 33-10233 (October 13, 2016) [81 FR 82142], the
Commission adopted changes to the reporting requirements for open-end
management investment companies. Among the changes was the adoption of
new Form N-LIQUID, which requires all registered open-end funds (except
money market funds) to confidentially notify the Commission when
certain events related to their liquidity occur. EDGAR Release 17.4
will update EDGAR to provide a means of submitting information
regarding liquidity events using the following form types:
Current Report Open-End Management Investment Company
Liquidity on Form N-LIQUID (N-LIQUID); and
Amended Current Report Open-End Management Investment
Company Liquidity Form N-LIQUID (N-LIQUID/A).
Changes will be made to Chapter 3 (Index to Forms) and Chapter 7
(Preparing and Transmitting Online Submissions) of the EDGAR Filer
Manual, Volume II.
In Release No. 33-10231 the Commission also adopted Form N-CEN,
which will require investment companies, other than face amount
certificate companies, to provide an annual report of census-type
information in a structured format. EDGAR Release 17.3 added Form N-CEN
and its related submission form types to EDGAR.\5\ As part of EDGAR
Release 17.4, Chapter 7 (Preparing and Transmitting Online Submissions)
of the EDGAR Filer Manual, Volume II will be revised to provide
clarifying instructions for filers on how to submit an amended Form N-
CEN that contains data from a previously accepted filing on Form N-CEN
or N-CEN/A covering the same period-end.
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\5\ See Release No. 33-10413 (adopting updates to reflect EDGAR
Release 17.3).
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Finally, clarifying changes to the instructions for preparing
documents that contain interactive data will be made to Chapter 5
(Constructing Attached Documents and Document Types) and Chapter 6
(Interactive Data) of the EDGAR Filer Manual, Volume II.
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 website
viewing and printing; the address for the Filer Manual is https://www.sec.gov/info/edgar/edmanuals.htm. 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
a.m. and 3 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 the requirements of the Regulatory
Flexibility Act \7\ do not apply.
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\6\ 5 U.S.C. 553(b)(A).
\7\ 5 U.S.C. 601-612.
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The effective date for the updated Filer Manual and the rule
amendments is January 17, 2018. 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 17.4 is scheduled to become available on December 11, 2017. 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 these system upgrades.
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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 forth
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 29 (September 2017). The requirements for filing
on EDGAR are set forth in the updated EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 44 (December 2017). Additional provisions
applicable to Form N-SAR filers are set forth in the EDGAR Filer
Manual, Volume III: ``N-SAR Supplement,'' Version 6 (January 2017). 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 website viewing and printing; the address for the Filer Manual is
https://www.sec.gov/info/edgar/edmanuals.htm. 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/cfr/ibr-locations.html.
By the Commission.
[[Page 2371]]
Dated: December 8, 2017.
Brent J. Fields,
Secretary.
[FR Doc. 2018-00625 Filed 1-16-18; 8:45 am]
BILLING CODE 8011-01-P