Adoption of Updated EDGAR Filer Manual, 11637-11639 [2018-05238]
Download as PDF
Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Rules and Regulations
—Pass/fail injury assessments: TTI and
pelvic acceleration.
(ii) One longitudinal test with the
Hybrid II ATD, deformed floor, with 10
degrees yaw, and with all lateral
structural supports (armrests/walls) will
be accomplished.
—Pass/fail injury assessments: HIC and
upper torso restraint load, restraint
system retention, and pelvic
acceleration.
(iii) Vertical (15 g’s) test is to be
conducted with modified Hybrid II
ATDs with existing pass/fail criteria.
(iv) The ATD can be tethered for the
floor deformation test.
(v) The seatbelt is not required to have
a TSO Authorization but will need to
comply with the TSO–C22g Minimum
Performance Standards (MPS).
(2) Special Notes
(i) The ATD head and torso must
remain supported by the forward
divider (wall) during the event. The
ATD is not permitted to move inboard
of the divider.
(ii) Honda Aircraft Company, Inc.
must determine whether the last cabin
seat will become a partition panel or
bulkhead restraint that can increase
ATD inertial loading or otherwise affect
the test whether the last cabin seat is
occupied or unoccupied.
(iii) The ATD should be fitted in a
manner reflecting the worst occupant
seating. Belts, buckles, and other
clothing must remain restrained for the
event duration and not become loose
items of mass.
Issued in Kansas City, Missouri, on March
7, 2018.
Pat Mullen,
Manager, Small Airplane Standards Branch,
Aircraft Certification Service.
[FR Doc. 2018–05321 Filed 3–15–18; 8:45 am]
BILLING CODE 4910–13–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Parts 232 and 274
[Release Nos. 33–10467; 34–82830; 39–
2520; IC–33041]
Adoption of Updated EDGAR Filer
Manual
Securities and Exchange
Commission.
ACTION: Final rule.
jstallworth on DSKBBY8HB2PROD with RULES
AGENCY:
The Securities and Exchange
Commission (the ‘‘Commission’’) is
adopting revisions to the Electronic Data
Gathering, Analysis, and Retrieval
System (‘‘EDGAR’’) Filer Manual and
SUMMARY:
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11637
related rules. The EDGAR system is
scheduled to be upgraded on March 12,
2018.
DATES: Effective March 16, 2018. The
incorporation by reference of the
EDGAR Filer Manual is approved by the
Director of the Federal Register as of
March 16, 2018.
FOR FURTHER INFORMATION CONTACT: In
the Division of Investment Management,
for questions concerning Form N–PORT
and Form N–CEN, contact Heather
Fernandez at (202) 551–6708 and for
questions concerning submission form
type 486BXT, contact Shawn Davis at
(202) 551–6413. In the Division of
Trading and Markets, for questions
concerning Form 13H, contact Richard
Holley at (202) 551–5614. In the
Division of Economic and Risk
Analysis, for questions concerning the
updated XBRL taxonomies, contact
Brian Hankin at (202) 551–8497. In the
Office of Strategic Initiatives, for
questions concerning Form ID, contact
Christian Windsor at (202) 551–3419 or
Mellissa Duru at (202) 551–3757. In the
Division of Corporation Finance, for
questions concerning the draft
registration statements on form type
DRS and DRS/A, the draft offering
statements on form type DOS and DOS/
A, and submission form type SF–1MEF,
contact Heather Mackintosh at (202)
551–8111. In the Office of Municipal
Securities, for questions concerning
Form MA–I and Form MA–I/A, contact
Ahmed Abonamah at (202) 551–3887.
SUPPLEMENTARY INFORMATION: We are
adopting an updated EDGAR Filer
Manual, Volume I and Volume II, and
making corresponding rule and form
amendments. 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.
The revisions to the Filer Manual
reflect changes within Volume I,
entitled EDGAR Filer Manual, Volume I:
‘‘General Information,’’ (Version 30)
(March 2018), and Volume II, entitled
EDGAR Filer Manual, Volume II:
‘‘EDGAR Filing,’’ Version 45 (March
2018). 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 and Filer Manual
will be updated in Release 18.1 and will
reflect the following changes.
The Form ID entry screen will be
revised to allow filers that are applying
for access codes to indicate whether
they intend to submit a draft registration
statement or draft offering statement.
Clarifying instructions will be added to
Chapter 3 (Becoming an EDGAR Filer)
of the EDGAR Filer Manual, Volume I
and a technical conforming amendment
will be made to Form ID.
EDGAR will be revised to add the
submission form type SF–1MEF, which
will allow registrants to register
additional securities pursuant to Rule
462(b) of the Securities Act of 1933 (the
‘‘Securities Act’’) to a prior related
effective registration statement filed on
Form SF–1. Corresponding changes
have been made to Chapter 3 (Index to
Forms), Chapter 4 (Filing Fee
Information) and Appendix C (EDGAR
Submission Types) of the EDGAR Filer
Manual, Volume II.
EDGAR will also be revised to add
submission form type 486BXT for posteffective amendments to Form N–2 filed
pursuant to Securities Act Rule
486(b)(1)(iii) to designate a new
effective date for a post-effective
amendment previously filed pursuant to
Securities Act Rule 486(a).
Corresponding changes have been made
to Chapter 3 (Index to Forms) and
Appendices A (Messages Reported by
EDGAR) and C (EDGAR Submission
Types) of the EDGAR Filer Manual,
Volume II.
EDGAR will be updated to allow
multiple accession numbers and series
IDs in the header of NPORT–EX and
NPORT–EX/A submissions. This will
allow the filer to make a single
submission for multiple series.
Clarifying changes have been made to
Appendix A, (Messages Reported by
EDGAR) and Chapter 7 (Preparing and
Transmitting EDGARLink Online
Submissions) of the EDGAR Filer
Manual, Volume II.
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 December 8, 2017. See Release No. 33–
10444 (December 8, 2017) [83 FR 2369].
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).
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11638
Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Rules and Regulations
In Release No. 33–10332 (March 31,
2017) [82 FR 17545] the Commission
adopted revisions to certain
Commission forms to add checkboxes to
the cover pages to the forms to enable
registrants to indicate their status as an
Emerging Growth Company, as defined
in Section 6(e) of the Securities Act, and
to indicate whether they were opting
out of the extended transition period for
complying with any new or revised
financial accounting standards. Updates
are being made in EDGAR Release 18.1
to allow filers submitting draft
registration statements on submission
form type DRS and DRS/A to provide
similar indications when submitting
those submission form types.
Corresponding changes will be made to
Chapter 7 (Preparing and Transmitting
EDGARLink Online Submissions) of the
EDGAR Filer Manual, Volume II.
EDGAR Release 18.1 will revise
EDGAR to allow investment company
filers to skip Part C of submission Forms
N–CEN and N–CEN/A if all of their
series are terminated. Clarifying changes
have been made to Chapter 8 (Preparing
and Transmitting Online Submissions)
of the EDGAR Filer Manual, Volume II.
EDGAR Release 18.1 will revise
EDGAR to allow filers to sort the dates
provided in Items 3 and 4 of submission
form types MA–I and MA–I/A in reverse
chronological order. Clarifying changes
have been made to Chapter 8 (Preparing
and Transmitting Online Submissions)
of the EDGAR Filer Manual, Volume II.
Instructions in the EDGAR Filer
Manual will be revised to clarify that
filers of Form 13H who are natural
persons and who do not have a Tax
Identification Number or TIN, should
enter ‘‘00–0000000’’ in lieu of the TIN.
Natural person filers should
immediately discontinue the practice of
providing their Social Security number
in that field. Corresponding changes
will be made to Chapter 8 (Preparing
and Transmitting Online Submissions)
of the EDGAR Filer Manual, Volume II.
In EDGAR Release 18.1, the EDGAR
system will be upgraded to support the
2018 XBRL Taxonomies and updated
SEC taxonomies COUNTRY,
CURRENCY, EXCH and NAICS. Please
see https://www.sec.gov/info/edgar/
edgartaxonomies.shtml for a complete
listing of supported standard
taxonomies. Conforming changes have
been made to Chapter 5 (Constructing
and Transmitting Online Submissions)
and Chapter 6 (Interactive Data) of the
EDGAR Filer Manual, Volume II.
EDGAR Release 18.1 will revise the
EDGAR system to suspend ABS–EE and
ABS–EE/A submissions (along with
Combined 10–D/ABS–EE submissions
and their amendments) if the Reporting
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Period Begin Date is after the Reporting
Period End Date. Clarifying changes
have been added to Appendix A
(Messages Reported By EDGAR) 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 and form
amendments relate solely to agency
procedures or practice, publication for
notice and comment is not required
under the Administrative Procedure Act
(‘‘APA’’).4 It follows that the
requirements of the Regulatory
Flexibility Act 5 do not apply.
The effective date for the updated
Filer Manual and the related rule and
form amendments is March 16, 2018. In
accordance with the APA,6 we find that
there is good cause to establish an
effective date less than 30 days after
publication of these rules. The
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 and related rule
and form amendments with these
system upgrades and to provide updated
instructions for filers of Form 13H in a
timely manner.
Statutory Basis
We are adopting the amendments to
Regulation S–T under the authority in
Sections 6, 7, 8, 10, and 19(a) of the
Securities Act of 1933,7 Sections 3, 12,
13, 14, 15, 15B, 23, and 35A of the
Securities Exchange Act of 1934,8
Section 319 of the Trust Indenture Act
of 1939,9 and Sections 8, 30, 31, and 38
45
U.S.C. 553(b)(A).
U.S.C. 601–612.
6 5 U.S.C. 553(d)(3).
7 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
8 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78o_4, 78w,
and 78ll.
9 15 U.S.C. 77sss.
of the Investment Company Act of
1940.10
We are adopting the technical
conforming amendment to Form ID
under the authority in Section 19(a) of
the Securities Act,11 Sections 3(b), 13(a),
23(a), and 35A of the Exchange Act,12
Section 319 of the Trust Indenture Act
of 1939 13 and Sections 30 and 38 of the
Investment Company Act of 1940.14
List of Subjects
17 CFR Part 232
Incorporation by reference, Reporting
and recordkeeping requirements,
Securities.
17 CFR Part 274
Investment companies, Reporting and
recordkeeping requirements, Securities.
Text of the Amendments
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:
■
§ 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 30 (March 2018).
The requirements for filing on EDGAR
are set forth in the updated EDGAR Filer
Manual, Volume II: ‘‘EDGAR Filing,’’
Version 45 (March 2018). 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
55
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10 15
U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37.
U.S.C. 77s(a).
12 15 U.S.C. 78c(b), 78m(a), 78w(a), and 78ll.
13 15 U.S.C. 77sss.
14 15 U.S.C. 80a–29, and 80a–37.
11 15
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Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Rules and Regulations
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.
PART 274—FORMS PRESCRIBED
UNDER THE INVESTMENT COMPANY
ACT OF 1940
3. 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, 80a–29, and Pub. L. 111–203, sec.
939A, 124 Stat. 1376 (2010), unless otherwise
noted.
*
*
*
*
*
4. Form ID (referenced in §§ 239.63,
249.446, 269.7 and 274.402 of this
chapter) is amended to add in ‘‘PART
I—APPLICATION FOR ACCESS CODES
TO FILE ON EDGAR’’ the following text
and checkbox ‘‘Access codes will be
used to submit draft registration or draft
offering statement. b’’
■
Note: The text of Form ID does not, and the
amendment will not, appear in the Code of
Federal Regulations.
By the Commission.
Dated: March 8, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018–05238 Filed 3–15–18; 8:45 am]
jstallworth on DSKBBY8HB2PROD with RULES
BILLING CODE 8011–01–P
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Jkt 244001
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 201, 801, and 1100
[Docket No. FDA–2015–N–2002]
RIN 0910–AH94
Clarification of When Products Made
or Derived From Tobacco Are
Regulated as Drugs, Devices, or
Combination Products; Amendments
to Regulations Regarding ‘‘Intended
Uses’’; Partial Delay of Effective Date
AGENCY:
Food and Drug Administration,
HHS.
Final rule; partial delay of
effective date.
ACTION:
The Food and Drug
Administration (FDA, the Agency, or
we) is issuing this final rule to delay the
effective date of amendments to the
existing medical product ‘‘intended
use’’ regulations, contained in the final
rule published January 9, 2017, until
further notice. This final rule delays the
effective date of the amendments to
allow further consideration of the
substantive issues raised in the
comments received regarding the
amendments. This action does not delay
the effective date of the portions of the
January 9, 2017, final rule that describe
the circumstances in which a product
made or derived from tobacco that is
intended for human consumption will
be subject to regulation as a drug,
device, or a combination product under
the Federal Food, Drug, and Cosmetic
Act (FD&C Act), which remains March
19, 2018.
DATES: Effective March 16, 2018, the
amendments made to §§ 201.128 and
801.4, revised at 82 FR 2193 (January 9,
2017), delayed at 82 FR 9501 (February
7, 2017) until March 21, 2017, and
further delayed at 82 FR 14319 (March
20, 2017) until March 19, 2018, are
delayed indefinitely. Section 1100.5,
added at 82 FR 2193 (January 9, 2017),
delayed at 82 FR 9501 (February 7,
2017) until March 21, 2017, and further
delayed at 82 FR 14319 (March 20,
2017) until March 19, 2018, is effective
March 19, 2018.
ADDRESSES: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov and insert the
docket number found in brackets in the
heading of this final rule into the
‘‘Search’’ box and follow the prompts,
and/or go to the Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852.
SUMMARY:
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11639
FOR FURTHER INFORMATION CONTACT:
Kelley Nduom, Center for Drug
Evaluation and Research, Office of
Regulatory Policy, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 51, Rm. 6221, Silver Spring,
MD 20993, 301–796–8597,
kelley.nduom@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In the Federal Register of January 9,
2017 (82 FR 2193), FDA published a
final rule entitled ‘‘Clarification of
When Products Made or Derived From
Tobacco Are Regulated as Drugs,
Devices, or Combination Products;
Amendments to Regulations Regarding
‘Intended Uses’’’ (January 2017 final
rule). The final rule added a new
regulation (§ 1100.5 (21 CFR 1100.5)) to
title 21 of the Code of Federal
Regulations (CFR) to describe the
circumstances in which a product made
or derived from tobacco that is intended
for human consumption will be subject
to regulation as a drug, device, or a
combination product under the FD&C
Act. The rule also amended FDA’s
existing regulations describing the types
of evidence that may be considered in
determining a medical product’s
intended uses (§§ 201.128 and 801.4 (21
CFR 201.128 (drugs) and 21 CFR 801.4
(devices))).
In the Federal Register of February 7,
2017 (82 FR 9501), in accordance with
the memorandum of January 20, 2017,
from the Assistant to the President and
Chief of Staff, entitled ‘‘Regulatory
Freeze Pending Review,’’ we delayed,
until March 21, 2017, the effective date
of the final rule.
On February 8, 2017, various industry
organizations filed a petition raising
concerns with the January 2017 final
rule, requesting reconsideration and a
stay pursuant to 21 CFR 10.33(b) and
10.35(b) (see FDA–2015–N–2002–1977).
The petition requests that FDA
reconsider the amendments to the
‘‘intended use’’ regulations and issue a
new final rule that, with respect to the
intended use regulations at §§ 201.128
and 801.4, reverts to the language of the
September 25, 2015, proposed rule. The
petition also requests that FDA
indefinitely stay the rule because
petitioners argue that (1) the final rule
was issued in violation of the fair notice
requirement under the Administrative
Procedure Act (APA) (petition at pp.
10–13) and (2) the ‘‘totality of the
evidence’’ language in the final rule is
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Agencies
[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Rules and Regulations]
[Pages 11637-11639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05238]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
17 CFR Parts 232 and 274
[Release Nos. 33-10467; 34-82830; 39-2520; IC-33041]
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. The EDGAR
system is scheduled to be upgraded on March 12, 2018.
DATES: Effective March 16, 2018. The incorporation by reference of the
EDGAR Filer Manual is approved by the Director of the Federal Register
as of March 16, 2018.
FOR FURTHER INFORMATION CONTACT: In the Division of Investment
Management, for questions concerning Form N-PORT and Form N-CEN,
contact Heather Fernandez at (202) 551-6708 and for questions
concerning submission form type 486BXT, contact Shawn Davis at (202)
551-6413. In the Division of Trading and Markets, for questions
concerning Form 13H, contact Richard Holley at (202) 551-5614. In the
Division of Economic and Risk Analysis, for questions concerning the
updated XBRL taxonomies, contact Brian Hankin at (202) 551-8497. In the
Office of Strategic Initiatives, for questions concerning Form ID,
contact Christian Windsor at (202) 551-3419 or Mellissa Duru at (202)
551-3757. In the Division of Corporation Finance, for questions
concerning the draft registration statements on form type DRS and DRS/
A, the draft offering statements on form type DOS and DOS/A, and
submission form type SF-1MEF, contact Heather Mackintosh at (202) 551-
8111. In the Office of Municipal Securities, for questions concerning
Form MA-I and Form MA-I/A, contact Ahmed Abonamah at (202) 551-3887.
SUPPLEMENTARY INFORMATION: We are adopting an updated EDGAR Filer
Manual, Volume I and Volume II, and making corresponding rule and form
amendments. 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 December 8, 2017. See Release No. 33-10444 (December
8, 2017) [83 FR 2369].
---------------------------------------------------------------------------
The revisions to the Filer Manual reflect changes within Volume I,
entitled EDGAR Filer Manual, Volume I: ``General Information,''
(Version 30) (March 2018), and Volume II, entitled EDGAR Filer Manual,
Volume II: ``EDGAR Filing,'' Version 45 (March 2018). 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 and Filer Manual will be updated in Release 18.1
and will reflect the following changes.
The Form ID entry screen will be revised to allow filers that are
applying for access codes to indicate whether they intend to submit a
draft registration statement or draft offering statement. Clarifying
instructions will be added to Chapter 3 (Becoming an EDGAR Filer) of
the EDGAR Filer Manual, Volume I and a technical conforming amendment
will be made to Form ID.
EDGAR will be revised to add the submission form type SF-1MEF,
which will allow registrants to register additional securities pursuant
to Rule 462(b) of the Securities Act of 1933 (the ``Securities Act'')
to a prior related effective registration statement filed on Form SF-1.
Corresponding changes have been made to Chapter 3 (Index to Forms),
Chapter 4 (Filing Fee Information) and Appendix C (EDGAR Submission
Types) of the EDGAR Filer Manual, Volume II.
EDGAR will also be revised to add submission form type 486BXT for
post-effective amendments to Form N-2 filed pursuant to Securities Act
Rule 486(b)(1)(iii) to designate a new effective date for a post-
effective amendment previously filed pursuant to Securities Act Rule
486(a). Corresponding changes have been made to Chapter 3 (Index to
Forms) and Appendices A (Messages Reported by EDGAR) and C (EDGAR
Submission Types) of the EDGAR Filer Manual, Volume II.
EDGAR will be updated to allow multiple accession numbers and
series IDs in the header of NPORT-EX and NPORT-EX/A submissions. This
will allow the filer to make a single submission for multiple series.
Clarifying changes have been made to Appendix A, (Messages Reported by
EDGAR) and Chapter 7 (Preparing and Transmitting EDGARLink Online
Submissions) of the EDGAR Filer Manual, Volume II.
[[Page 11638]]
In Release No. 33-10332 (March 31, 2017) [82 FR 17545] the
Commission adopted revisions to certain Commission forms to add
checkboxes to the cover pages to the forms to enable registrants to
indicate their status as an Emerging Growth Company, as defined in
Section 6(e) of the Securities Act, and to indicate whether they were
opting out of the extended transition period for complying with any new
or revised financial accounting standards. Updates are being made in
EDGAR Release 18.1 to allow filers submitting draft registration
statements on submission form type DRS and DRS/A to provide similar
indications when submitting those submission form types. Corresponding
changes will be made to Chapter 7 (Preparing and Transmitting EDGARLink
Online Submissions) of the EDGAR Filer Manual, Volume II.
EDGAR Release 18.1 will revise EDGAR to allow investment company
filers to skip Part C of submission Forms N-CEN and N-CEN/A if all of
their series are terminated. Clarifying changes have been made to
Chapter 8 (Preparing and Transmitting Online Submissions) of the EDGAR
Filer Manual, Volume II.
EDGAR Release 18.1 will revise EDGAR to allow filers to sort the
dates provided in Items 3 and 4 of submission form types MA-I and MA-I/
A in reverse chronological order. Clarifying changes have been made to
Chapter 8 (Preparing and Transmitting Online Submissions) of the EDGAR
Filer Manual, Volume II.
Instructions in the EDGAR Filer Manual will be revised to clarify
that filers of Form 13H who are natural persons and who do not have a
Tax Identification Number or TIN, should enter ``00-0000000'' in lieu
of the TIN. Natural person filers should immediately discontinue the
practice of providing their Social Security number in that field.
Corresponding changes will be made to Chapter 8 (Preparing and
Transmitting Online Submissions) of the EDGAR Filer Manual, Volume II.
In EDGAR Release 18.1, the EDGAR system will be upgraded to support
the 2018 XBRL Taxonomies and updated SEC taxonomies COUNTRY, CURRENCY,
EXCH and NAICS. Please see https://www.sec.gov/info/edgar/edgartaxonomies.shtml for a complete listing of supported standard
taxonomies. Conforming changes have been made to Chapter 5
(Constructing and Transmitting Online Submissions) and Chapter 6
(Interactive Data) of the EDGAR Filer Manual, Volume II.
EDGAR Release 18.1 will revise the EDGAR system to suspend ABS-EE
and ABS-EE/A submissions (along with Combined 10-D/ABS-EE submissions
and their amendments) if the Reporting Period Begin Date is after the
Reporting Period End Date. Clarifying changes have been added to
Appendix A (Messages Reported By EDGAR) 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 and form
amendments relate solely to agency procedures or practice, publication
for notice and comment is not required under the Administrative
Procedure Act (``APA'').\4\ It follows that the requirements of the
Regulatory Flexibility Act \5\ do not apply.
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\4\ 5 U.S.C. 553(b)(A).
\5\ 5 U.S.C. 601-612.
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The effective date for the updated Filer Manual and the related
rule and form amendments is March 16, 2018. In accordance with the
APA,\6\ we find that there is good cause to establish an effective date
less than 30 days after publication of these rules. The 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 and related rule and form amendments with
these system upgrades and to provide updated instructions for filers of
Form 13H in a timely manner.
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\6\ 5 U.S.C. 553(d)(3).
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Statutory Basis
We are adopting the amendments to Regulation S-T under the
authority in Sections 6, 7, 8, 10, and 19(a) of the Securities Act of
1933,\7\ Sections 3, 12, 13, 14, 15, 15B, 23, and 35A of the Securities
Exchange Act of 1934,\8\ Section 319 of the Trust Indenture Act of
1939,\9\ and Sections 8, 30, 31, and 38 of the Investment Company Act
of 1940.\10\
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\7\ 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
\8\ 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78o_4, 78w, and 78ll.
\9\ 15 U.S.C. 77sss.
\10\ 15 U.S.C. 80a-8, 80a-29, 80a-30, and 80a-37.
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We are adopting the technical conforming amendment to Form ID under
the authority in Section 19(a) of the Securities Act,\11\ Sections
3(b), 13(a), 23(a), and 35A of the Exchange Act,\12\ Section 319 of the
Trust Indenture Act of 1939 \13\ and Sections 30 and 38 of the
Investment Company Act of 1940.\14\
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\11\ 15 U.S.C. 77s(a).
\12\ 15 U.S.C. 78c(b), 78m(a), 78w(a), and 78ll.
\13\ 15 U.S.C. 77sss.
\14\ 15 U.S.C. 80a-29, and 80a-37.
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List of Subjects
17 CFR Part 232
Incorporation by reference, Reporting and recordkeeping
requirements, Securities.
17 CFR Part 274
Investment companies, Reporting and recordkeeping requirements,
Securities.
Text of the Amendments
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 30 (March 2018). The requirements for filing on
EDGAR are set forth in the updated EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 45 (March 2018). 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
[[Page 11639]]
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.
PART 274--FORMS PRESCRIBED UNDER THE INVESTMENT COMPANY ACT OF 1940
0
3. 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, 80a-29, and Pub. L. 111-203,
sec. 939A, 124 Stat. 1376 (2010), unless otherwise noted.
* * * * *
0
4. Form ID (referenced in Sec. Sec. 239.63, 249.446, 269.7 and 274.402
of this chapter) is amended to add in ``PART I--APPLICATION FOR ACCESS
CODES TO FILE ON EDGAR'' the following text and checkbox ``Access codes
will be used to submit draft registration or draft offering statement.
[square]''
Note: The text of Form ID does not, and the amendment will not,
appear in the Code of Federal Regulations.
By the Commission.
Dated: March 8, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018-05238 Filed 3-15-18; 8:45 am]
BILLING CODE 8011-01-P