[Federal Register Volume 61, Number 195 (Monday, October 7, 1996)]
[Rules and Regulations]
[Pages 52283-52285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25815]


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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 232

[Release Nos. 33-7351; 34-37774; 35-26585; 39-2343; IC-22257]
RIN 3235-AG96


Adoption of Updated EDGAR Filer Manual

AGENCY: Securities and Exchange Commission.

ACTION: Final rules.

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SUMMARY: The Securities and Exchange Commission (``Commission'') is 
adopting an updated edition of the EDGAR Filer Manual and is providing 
for its incorporation by reference into the Code of Federal 
Regulations.

EFFECTIVE DATE: The amendment to 17 CFR part 232 (Regulation S-T) will 
be effective on October 7, 1996. The new edition of the EDGAR Filer 
Manual (Release 5.10) will be effective on October 7, 1996. The 
incorporation by reference of the EDGAR Filer Manual is approved by the 
Director of the Federal Register as of October 7, 1996.


[[Page 52284]]


FOR FURTHER INFORMATION CONTACT: In the Office of Information 
Technology, David T. Copenhafer at (202) 942-8800; for questions 
concerning investment company filings, Ruth Armfield Sanders, Senior 
Counsel, Division of Investment Management, at (202) 942-0591.

SUPPLEMENTARY INFORMATION: The Commission today announces the adoption 
of an updated EDGAR Filer Manual (``Filer Manual''), which sets forth 
the technical formatting requirements governing the preparation and 
submission of electronic filings through the Electronic Data Gathering, 
Analysis, and Retrieval (``EDGAR'') system.\1\ Compliance with the 
provisions of the Filer Manual is required in order to assure the 
timely acceptance and processing of filings made in electronic 
format.\2\ Filers should consult the Filer Manual in conjunction with 
the Commission's rules governing mandated electronic filing when 
preparing documents for electronic submission.\3\ In this update, 
notice is provided to filers concerning the change in electronic filing 
requirements resulting from the elimination of fees previously adopted 
by the Commission under the Independent Offices Appropriations Act of 
1952 (``IOAA'').\4\
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    \1\ The Filer Manual originally was adopted on April 1, 1993, 
and became effective on April 26, 1993. Release No. 33-6986 (April 
1, 1993) [58 FR 18638]. The most recent update to the Filer Manual 
was adopted in Release No. 33-7241 (November 13, 1995) [60 FR 
57682].
    \2\ See Rule 301 of Regulation S-T (17 CFR 232.301).
    \3\ See Release Nos. 33-6977 (February 23, 1993) [58 FR 14628], 
IC-19284 (February 23, 1993) [58 FR 14848], 35-25746 (February 23, 
1993) [58 FR 14999], and 33-6980 (February 23, 1993) [58 FR 15009] 
for a comprehensive treatment of the rules adopted by the Commission 
governing mandated electronic filing. See also Release No. 33-7122 
(December 19, 1994) [59 FR 67752], in which the Commission made the 
EDGAR rules final and applicable to all domestic registrants and 
adopted minor amendments to the EDGAR rules, and Release No. 33-
7241, in which the Commission adopted the most recent update to the 
Filer Manual and additional minor technical amendments to the EDGAR 
rules.
    \4\ 31 U.S.C. 9701. See Release No. 33-7331 (September 17, 1996) 
[61 FR 49957], adopting, and Release No. 33-7293 (May 16, 1996) [61 
FR 25601], proposing, the fee elimination.
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    In addition, several submission types have been added to 
accommodate existing rules. Specifically, new EDGAR submission type 
``POS 8C'' has been added to accommodate filings of post-effective 
amendments under the Securities Act of 1933 (the ``Securities Act'') 
\5\ by certain investment companies. This submission type is to be used 
by investment companies whose registration statements are filed on 
Forms N-2 and N-5 for the submission of post-effective amendments under 
the Securities Act, or for post-effective amendments under both the 
Securities Act and the Investment Company Act of 1940.\6\ Also added 
for investment companies are submission types ``485BXT,'' ``485BXTE,'' 
and ``485BXTF.'' These three submission types are to be used by open-
end investment companies submitting filings under Securities Act rule 
485(b)(1)(v) to designate new effective dates for filings previously 
made under Securities Act rule 485(a).\7\
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    \5\ 15 U.S.C. 77a et seq.
    \6\ 15 U.S.C. 80a-8, 80a-29, 80a-30 and 80a-37.
    \7\ See Release Nos. IC-20486 (August 17, 1994) [59 FR 43460] 
and IC-20486A (September 19, 1994) [59 FR 48798].
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    Rule 301 of Regulation S-T also is being amended to provide for the 
incorporation by reference of the Filer Manual into the Code of Federal 
Regulations, which 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 revised Filer Manual and the amendment to Rule 301 
will be effective on October 7, 1996.
    Paper copies of the updated Filer Manual may be obtained at the 
following address: Public Reference Room, U.S. Securities and Exchange 
Commission, Mail Stop 1-2, 450 Fifth Street, N.W., Washington D.C. 
20549. Electronic format copies will be available on the EDGAR 
electronic bulletin board. Copies also may be obtained from Disclosure 
Incorporated, the paper and microfiche contractor for the Commission, 
at (800) 638-8241.
    Since the Filer Manual relates solely to agency procedure or 
practice, publication for notice and comment is not required under the 
Administrative Procedure Act.\8\ It follows that the requirements of 
the Regulatory Flexibility Act \9\ do not apply.
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    \8\ 5 U.S.C. 601-612.
    \9\ 5 U.S.C. 553(b).
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    The effective date for the updated Filer Manual and the rule 
amendments is October 7, 1996. In accordance with the Administrative 
Procedure Act, 5 U.S.C. 553(d)(3), the Commission finds that there is 
good cause to establish an effective date less than 30 days after 
publication of these rules. The EDGAR system was upgraded to Release 
5.10 on September 14, 1996, to add the new submission types and 
implement technical system enhancements, and upgraded again on 
Saturday, October 5, 1996, to implement system adjustments to 
accommodate the elimination of IOAA fees, in anticipation of an 
effective date of Monday, October 7, 1996. The Commission believes that 
it is necessary to coordinate the effectiveness of the updated Filer 
Manual with the effective date for the elimination of IOAA fees to 
avoid confusion for EDGAR filers.

Statutory Basis

    The amendment to Regulation S-T is being adopted under Sections 6, 
7, 8, 10, and 19(a) of the Securities Act,\10\ Sections 3, 12, 13, 14, 
15, 23, and 35A of the Securities Exchange Act of 1934,\11\ Section 20 
of the Public Utility Holding Company Act of 1935,\12\ Section 319 of 
the Trust Indenture Act of 1939,\13\ and Sections 8, 30, 31, and 38 of 
the Investment Company Act of 1940.\14\
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    \10\ 15 U.S.C. 77f, 77g, 77h, 77j and 77s(a).
    \11\ 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w and 78ll.
    \12\ 15 U.S.C. 79t.
    \13\ 15 U.S.C. 77sss.
    \14\ 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; Investment companies; Registration 
requirements; 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 as 
follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 77sss(a), 
78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll(d), 79t(a), 80a-8, 80a-
29, 80a-30 and 80a-37.

    2. Section 232.301 is revised to read as follows:


Sec. 232.301   EDGAR Filer Manual.

    Electronic filings shall be prepared in the manner prescribed by 
the EDGAR Filer Manual, promulgated by the Commission, which sets out 
the technical formatting requirements for electronic submissions. The 
September 1996 edition of the EDGAR Filer Manual: Guide for Electronic 
Filing with the U.S. Securities and Exchange Commission (Release 5.10) 
is incorporated into the Code of Federal Regulations by reference, 
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. Compliance with the 
requirements found therein is essential to the timely receipt and 
acceptance of documents

[[Page 52285]]

filed with or otherwise submitted to the Commission in electronic 
format. Paper copies of the EDGAR Filer Manual may be obtained at the 
following address: Public Reference Room, U.S. Securities and Exchange 
Commission, Mail Stop 1-2, 450 5th Street, N.W., Washington, D.C. 
20549. They also may be obtained from Disclosure Incorporated by 
calling (800) 638-8241. Electronic format copies are available through 
the EDGAR electronic bulletin board. Information on becoming an EDGAR 
E-mail/electronic bulletin board subscriber is available by contacting 
CompuServe Inc. at (800) 848-8199.

    By the Commission.

    Dated: October 2, 1996.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 96-25815 Filed 10-4-96; 8:45 am]
BILLING CODE 8010-01-P