[Federal Register Volume 62, Number 56 (Monday, March 24, 1997)]
[Rules and Regulations]
[Pages 13820-13821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7340]


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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 232

[Release Nos. 33-7405; 34-38419; 35-26688; 39-2348; IC-22571]
RIN 3235-AG96


Adoption of Updated EDGAR Filer Manual; Correction and Delay of 
Implementation

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; correction and delay of implementation.

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SUMMARY: The Commission is correcting an amendment to Regulation S-T to 
conform to the Office of Federal Register's requirements for 
incorporation by reference and postponing the implementation of an 
updated edition of the EDGAR Filer Manual which was published in the 
Federal Register on February 27, 1997 [62 FR 8877] in order to resolve 
technical issues that delayed system implementation from March 10, 197 
to March 24, 1997. The incorporation by reference into the Code of 
Federal Regulations remains March 10, 1997.

DATES: The correction to Sec. 232.301 is effective March 10, 1997. The 
implementation of the new edition of the EDGAR Filer Manual is delayed 
until March 24, 1997. The incorporation by reference of the EDGAR Filer 
Manual approved by the Director of the Federal Register as of March 10, 
1997 remains unchanged.

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; and for questions with respect to documents subject to 
review by the Division of Corporation Finance, Margaret R. Black at 
(202) 942-2940.

SUPPLEMENTARY INFORMATION: On February 27, 1997, the Commission 
announced 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

[[Page 13821]]

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. Filers should consult 
the Filer Manual in conjunction with the Commission's rules governing 
mandated electronic filing when preparing documents for electronic 
submission.\2\
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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. 33-7394 (February 21, 1997) [61 FR 8877], 
and became effective on March 10, 1997.
    \2\ 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; Release No. 33-7394, in 
which the Commission adopted the most recent update to the Filer 
Manual; and Release No. 33-7369 (December 5, 1996) [61 FR 65440], in 
which the Commission proposed additional minor technical amendments 
to the EDGAR rules.
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    In this update, several submission types have been added to 
accommodate electronic submission of certain investment company 
filings. Specifically, new EDGAR submission types ``40-17F1'' and ``40-
17F2'' have been added to accommodate the filing of Forms N-17F-1 \3\ 
and N-17F-2; \4\ submission type ``N-23C-2,'' to accommodate filings 
under Rule 23c-2(b); \5\ and submission types ``N-23C3A,'' ``N-23C3B,'' 
and ``N-23C3C,'' to accommodate the filing of Form N-23C-3,\6\ pursuant 
to Rule 23c-3.\7\
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    \3\ 17 CFR 274.21 (certificate of accounting of securities and 
similar investments in the custody of management investment 
companies filed pursuant to Rule 17f-1).
    \4\ 17 CFR 274.220 (certificate of accounting of securities and 
similar investments in the custody of management investment 
companies filed pursuant to Rule 7f-2).
    \5\ 17 CFR 240.23c-2(b) (notice by closed-end investment 
companies of intention to call or redeem their own securities).
    \6\ 17 CFR 274.221 (notification of periodic repurchase offer).
    \7\ 17 CFR 240.23c-3. Submission type ``N-23C3A'' is to be used 
for filings made pursuant to Rule 23c-3(a) only; ``N-23C3B,'' Rule 
23c-3(b) only; and ``N-23C3C,'' Rule 23c-3(a) and (b).
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    With respect to documents subject to review by the Division of 
Corporation Finance, two additional submission types have been added to 
accommodate more completely the electronic submission of filings made 
pursuant to Rule 462(b) \8\ under the Securities Act of 1933.\9\
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    \8\ 17 CFR 230.462(b).
    \9\ 15 U.S.C. 77a et seq. The new submission types are: S-4MEF 
(for use in connection with registration statements filed on Form S-
4 [17 CFR 239.25]) and F-4MEF (for use in connection with 
registration statements on Form F-4 [17 CFR 239.34]). All other 
submission types used for Rule 462(b) filings were added to the 
EDGAR system in November 1995. See Release No. 33-7241 (November 13, 
1995) [60 FR 57682]
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    Rule 301 of Regulation S-T was 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 effective date of the amendment to Rule 301 will 
remain March 10, 1997. A minor correction is being made to conform to 
the Office of Federal Register's requirements for incorporation by 
reference.
    Technical issues surfaced on the afternoon of March 7, 1997 that 
prevented system implementation on March 10, 1997. The Commission, 
therefore, is postponing the implementation of the Manual from March 
10, 1997 to March 24, 1997.

Need for Correction

    As published, the final regulations contain an error which may 
prove to be misleading and is in need of clarification.

Correction of Publication

    Accordingly, the publication on February 27, 1997 of the final 
regulations, which were the subject of FR Doc. 97-4797, is corrected as 
follows:


Sec. 232.301  [Corrected]

    On page 8876, second column, in Sec. 232.301, last line, add a 
sentence to the end of the section to read as follows:
    * * * Copies may be inspected at the Office of the Federal 
Register, Suite 700, 800 North Capitol Street, N.W., Washington, D.C.

    Dated: March 19, 1997.

    By the Commission.
Jonathan G. Katz,
Secretary.
[FR Doc. 97-7340 Filed 3-21-97; 8:45 am]
BILLING CODE 8010-01-M