81_FR_31598 81 FR 31501 - Adoption of Updated EDGAR Filer Manual

81 FR 31501 - Adoption of Updated EDGAR Filer Manual

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 97 (May 19, 2016)

Page Range31501-31503
FR Document2016-11764

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 primarily to support the 2016 XBRL taxonomies; add new submission form types SBSE, SBSE/A, SBSE-A, SBSE-A/A, SBSE-BD, SBSE-BD/A, SBSE-C and SBSE-W pursuant to Section 15F of the Securities Exchange Act of 1934 (the Exchange Act) and Rules 15Fb1-1 through 15Fb6-2 thereunder; add submission form types 17HACON, 17HACON/A, 17HQCON and 17HQCON/A pursuant to Rules 17h-1T and 17h-2T under the Exchange Act; and permit a value of zero in addition to the currently allowable numeric values in the ``Current Number of Employees'' field on the ``Disclosure Requirements'' screen of the Regulation Crowdfunding submission form types C, C/A and C-U. The EDGAR system was upgraded to support the new 2016 XBRL taxonomies on March 7, 2016. The EDGAR system is scheduled to be upgraded to support the other functionalities on April 25, 2016.

Federal Register, Volume 81 Issue 97 (Thursday, May 19, 2016)
[Federal Register Volume 81, Number 97 (Thursday, May 19, 2016)]
[Rules and Regulations]
[Pages 31501-31503]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11764]


=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 232

[Release Nos. 33-10071; 34-77693; 39-2509; IC-32091]


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 primarily to 
support the 2016 XBRL taxonomies; add new submission form types SBSE, 
SBSE/A, SBSE-A, SBSE-A/A, SBSE-BD, SBSE-BD/A, SBSE-C and SBSE-W 
pursuant to Section 15F of the Securities Exchange Act of 1934 (the 
Exchange Act) and Rules 15Fb1-1 through 15Fb6-2 thereunder; add 
submission form types 17HACON, 17HACON/A, 17HQCON and 17HQCON/A 
pursuant to Rules 17h-1T and 17h-2T under the Exchange Act; and permit 
a value of zero in addition to the currently allowable numeric values 
in the ``Current Number of Employees'' field on the ``Disclosure 
Requirements'' screen of the Regulation Crowdfunding submission form 
types C, C/A and C-U. The EDGAR system was upgraded to support the new 
2016 XBRL taxonomies on March 7, 2016. The EDGAR system is scheduled to 
be upgraded to support the other functionalities on April 25, 2016.

DATES: Effective May 19, 2016 The incorporation by reference of the 
EDGAR Filer Manual is approved by the Director of the Federal Register 
as of May 19, 2016.

FOR FURTHER INFORMATION CONTACT: In the Division of Trading and 
Markets, for questions concerning Form SBSE, Form SBSE-A, Form SBSE-BD, 
Form SBSE-C, Form SBSE-W, and Form 17-H, contact Kathy Bateman at (202) 
551-4345; in the Division of Corporation Finance, for questions 
concerning Form C, contact Vik Sheth at (202) 551-3818; and in the 
Division of Economic and Risk Analysis, for questions concerning XBRL 
taxonomies, contact Walter Hamscher at (202) 551-5397.

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 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 December 14, 2015. See Release No. 33-9987 (January 
4, 2016) [81 FR 3].
---------------------------------------------------------------------------

    The revisions to the Filer Manual reflect changes within Volume II 
entitled EDGAR Filer Manual, Volume II: ``EDGAR Filing,'' Version 36 
(April 2016). 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. 33-9987 in which we implemented EDGAR 
Release 15.4. For additional history of Filer Manual rules, please 
see the cites therein.
---------------------------------------------------------------------------

    The EDGAR system will be upgraded to Release 16.1 on April 25, 2016 
and will introduce the following changes:
    Pursuant to Section 15F of the Exchange Act and Rules 15Fb1-1 
through 15Fb6-2 thereunder, Security-based Swap Dealers and Major 
Security-based Swap Participants will be able to electronically 
register, amend their

[[Page 31502]]

registration and withdraw from their registration with the Commission 
using the following submission form types:
     SBSE: Application for Registration of Security-based Swap 
Dealers and Major Security-based Swap Participants
     SBSE/A: Amendment to an Application for Registration of 
Security-based Swap Dealers and Major Security-based Swap Participants
     SBSE-A: Application for Registration of Security-based 
Swap Dealers and Major Security-based Swap Participants that are 
Registered or Registering with the Commodity Futures Trading Commission 
as a Swap Dealer or Major Swap Participant
     SBSE-A/A: Amendment to an Application for Registration of 
Security-based Swap Dealers and Major Security-based Swap Participants 
that are Registered or Registering with the Commodity Futures Trading 
Commission as a Swap Dealer or Major Swap Participant
     SBSE-BD: Application for Registration of Security-based 
Swap Dealers and Major Security-based Swap Participants that are 
Registered Broker-dealers
     SBSE-BD/A: Amendment to an Application for Registration of 
Security-based Swap Dealers and Major Security-based Swap Participants 
that are Registered Broker-dealers
     SBSE-C: Certifications for Registration of Security-based 
Swap Dealers and Major Security-based Swap Participants
     SBSE-W: Request for Withdrawal from Registration as 
Security-based Swap Dealer or Major Security-based Swap Participant
    These submission form types can be accessed by clicking the ``File 
SBSE'' link on the EDGAR Filing Web site. Additionally, filers can 
construct XML submissions for SBSE, SBSE/A, SBSE-A, SBSE-A/A, SBSE-BD, 
SBSE-BD/A, SBSE-C, and SBSE-W by following the ``EDGAR Form SBSE XML 
Technical Specification'' document located on the SEC's Public Web site 
(http://www.sec.gov/info/edgar.shtml).
    Pursuant to Exchange Act Rules 17h-1T and 17h-2T, broker-dealers 
that choose to file electronically will now submit the Risk Assessment 
Report for Brokers and Dealers Form 17-H via EDGAR using the following 
submission form types:
     17HACON: Confidential broker dealer annual 17-H report
     17HACON/A: Amendment for confidential broker dealer annual 
17-H report
     17HQCON: Confidential broker dealer quarterly 17-H report
     17HQCON/A: Amendment for confidential broker dealer 
quarterly 17-H report
    These submission form types can be accessed by clicking the ``File 
17-H'' link on the EDGAR Filing Web site. Additionally, broker-dealers 
can construct XML submissions for 17HACON, 17HACON/A, 17HQCON, and 
17HQCON/A by following the ``EDGAR Form 17-H XML Technical 
Specification'' document located on the SEC's Public Web site (http://www.sec.gov/info/edgar.shtml).
    The ``Current Number of Employees'' field on the ``Disclosure 
Requirements'' screen of the Regulation Crowdfunding submission form 
types C, C/A, and C-U has been updated to permit a value of zero in 
addition to the currently allowable numeric values.
    On March 7, 2016, the EDGAR system was upgraded to Release 16.0.3 
and now supports the 2016 US GAAP, 2016 COUNTRY, 2016 CURRENCY and 2016 
EXCH taxonomies. Please see http://sec.gov/info/edgar/edgartaxonomies.shtml for the complete listing of supported standard 
taxonomies.
    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 http://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).\4\ It follows that the requirements of the Regulatory 
Flexibility Act \5\ do not apply.
---------------------------------------------------------------------------

    \4\ 5 U.S.C. 553(b).
    \5\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

    The effective date for the updated Filer Manual and the rule 
amendments is May 19, 2016. 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 EDGAR system upgrade to Release 
16.1 is scheduled to become available on April 25, 2016. 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.
---------------------------------------------------------------------------

    \6\ 5 U.S.C. 553(d)(3).
---------------------------------------------------------------------------

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,\7\ Sections 3, 12, 
13, 14, 15, 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\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
    \8\ 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll.
    \9\ 15 U.S.C. 77sss.
    \10\ 15 U.S.C. 80a-8, 80a-29, 80a-30, and 80a-37.
---------------------------------------------------------------------------

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. 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.
* * * * *

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 24 (December 2015). The requirements for filing 
on EDGAR are set forth in the updated EDGAR Filer Manual, Volume II: 
``EDGAR Filing,'' Version 36 (April 2016). Additional provisions 
applicable to Form N-SAR filers are set forth in the EDGAR Filer 
Manual, Volume III: ``N-

[[Page 31503]]

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 http://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: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Dated: April 22, 2016.

    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2016-11764 Filed 5-18-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations                                                                                31501

                                                                                                                                                                                                                                            Adjusted
                                                                                                                             Exemption                                                                                      2007 base         2016
                                                                                                                                                                                                                                            threshold

                                                  Minimum Payment ...................................................................................................................................................             $500            10 $570

                                                  Large Franchise Investment ....................................................................................................................................             1,000,000        1,143,100
                                                  Large franchisee ......................................................................................................................................................     5,000,000        5,715,500



                                                    Because the calculation of these                                          By direction of the Commission.                                         questions concerning Form SBSE, Form
                                                  thresholds is purely ministerial in                                       Donald S. Clark,                                                          SBSE–A, Form SBSE–BD, Form SBSE–
                                                  nature and implements the Rule’s                                          Secretary.                                                                C, Form SBSE–W, and Form 17–H,
                                                  mandatory adjustment mechanism,                                           [FR Doc. 2016–11789 Filed 5–18–16; 8:45 am]                               contact Kathy Bateman at (202) 551–
                                                  these adjustments are exempt from the                                     BILLING CODE 6750–01–P
                                                                                                                                                                                                      4345; in the Division of Corporation
                                                  rulemaking procedures specified in                                                                                                                  Finance, for questions concerning Form
                                                  section 18 of the FTC Act.11 In addition,                                                                                                           C, contact Vik Sheth at (202) 551–3818;
                                                  the Commission has determined that                                                                                                                  and in the Division of Economic and
                                                  notice and comment are unnecessary                                        SECURITIES AND EXCHANGE                                                   Risk Analysis, for questions concerning
                                                  under the Administrative Procedure Act                                    COMMISSION                                                                XBRL taxonomies, contact Walter
                                                  (APA) for the same reason. The                                            17 CFR Part 232
                                                                                                                                                                                                      Hamscher at (202) 551–5397.
                                                  Commission, therefore, has omitted                                                                                                                  SUPPLEMENTARY INFORMATION: We are
                                                  notice and comment for good cause as                                      [Release Nos. 33–10071; 34–77693; 39–                                     adopting an updated EDGAR Filer
                                                  provided by section 553(b)(B) of the                                      2509; IC–32091]                                                           Manual, Volume II. The Filer Manual
                                                  APA.12 For this reason, the                                                                                                                         describes the technical formatting
                                                  requirements of the Regulatory                                            Adoption of Updated EDGAR Filer                                           requirements for the preparation and
                                                  Flexibility Act also do not apply.13                                      Manual                                                                    submission of electronic filings through
                                                  Accordingly, the adjusted thresholds                                      AGENCY:  Securities and Exchange                                          the EDGAR system.1 It also describes
                                                  will take effect on July 1, 2016.                                         Commission.                                                               the requirements for filing using
                                                  List of Subjects in 16 CFR Part 436                                                                                                                 EDGARLink Online and the Online
                                                                                                                            ACTION: Final rule.
                                                                                                                                                                                                      Forms/XML Web site.
                                                    Advertising, Business and industry,                                                                                                                  The revisions to the Filer Manual
                                                                                                                            SUMMARY:   The Securities and Exchange
                                                  Franchising, Trade practices.                                                                                                                       reflect changes within Volume II
                                                                                                                            Commission (the Commission) is
                                                  Rule Amendments                                                           adopting revisions to the Electronic Data                                 entitled EDGAR Filer Manual, Volume
                                                                                                                            Gathering, Analysis, and Retrieval                                        II: ‘‘EDGAR Filing,’’ Version 36 (April
                                                    For the reasons set out in the                                                                                                                    2016). The updated manual will be
                                                  preamble of this document, the Federal                                    System (EDGAR) Filer Manual and
                                                                                                                            related rules to reflect updates to the                                   incorporated by reference into the Code
                                                  Trade Commission amends 16 CFR part                                                                                                                 of Federal Regulations.
                                                  436 as follows:                                                           EDGAR system. The updates are being
                                                                                                                            made primarily to support the 2016                                           The Filer Manual contains all the
                                                                                                                            XBRL taxonomies; add new submission                                       technical specifications for filers to
                                                  PART 436—DISCLOSURE
                                                                                                                            form types SBSE, SBSE/A, SBSE–A,                                          submit filings using the EDGAR system.
                                                  REQUIREMENTS AND PROHIBITIONS
                                                                                                                            SBSE–A/A, SBSE–BD, SBSE–BD/A,                                             Filers must comply with the applicable
                                                  CONCERNING FRANCHISING
                                                                                                                            SBSE–C and SBSE–W pursuant to                                             provisions of the Filer Manual in order
                                                  ■ 1. The authority citation for part 436                                  Section 15F of the Securities Exchange                                    to assure the timely acceptance and
                                                  continues to read as follows:                                             Act of 1934 (the Exchange Act) and                                        processing of filings made in electronic
                                                                                                                            Rules 15Fb1–1 through 15Fb6–2                                             format.2 Filers may consult the Filer
                                                      Authority: 15 U.S.C. 41–58.
                                                                                                                            thereunder; add submission form types                                     Manual in conjunction with our rules
                                                  § 436.8       [Amended]                                                   17HACON, 17HACON/A, 17HQCON                                               governing mandated electronic filing
                                                  ■  2. Amend § 436.8 as follows:                                           and 17HQCON/A pursuant to Rules                                           when preparing documents for
                                                  ■  a. In paragraph (a)(1), remove ‘‘$540’’                                17h–1T and 17h–2T under the Exchange                                      electronic submission.3
                                                  and, in its place, add ‘‘$570’’;                                                                                                                       The EDGAR system will be upgraded
                                                                                                                            Act; and permit a value of zero in
                                                  ■ b. In paragraph (a)(5)(i), remove both                                                                                                            to Release 16.1 on April 25, 2016 and
                                                                                                                            addition to the currently allowable
                                                  references to ‘‘$1,084,900’’ and, in their                                                                                                          will introduce the following changes:
                                                                                                                            numeric values in the ‘‘Current Number
                                                  place, add ‘‘$1,143,100’’; and                                                                                                                         Pursuant to Section 15F of the
                                                                                                                            of Employees’’ field on the ‘‘Disclosure
                                                  ■ c. In paragraph (a)(5)(ii), remove                                                                                                                Exchange Act and Rules 15Fb1–1
                                                                                                                            Requirements’’ screen of the Regulation
                                                  ‘‘$5,424,500’’ and, in its place, add                                                                                                               through 15Fb6–2 thereunder, Security-
                                                                                                                            Crowdfunding submission form types C,
                                                  ‘‘$5,715,500’’.                                                                                                                                     based Swap Dealers and Major Security-
                                                                                                                            C/A and C–U. The EDGAR system was
                                                                                                                                                                                                      based Swap Participants will be able to
                                                                                                                            upgraded to support the new 2016
                                                     10 The Commission has rounded this figure from                                                                                                   electronically register, amend their
                                                                                                                            XBRL taxonomies on March 7, 2016.
                                                  $571.55 to $570 for compliance clarity and
                                                  simplicity.                                                               The EDGAR system is scheduled to be                                          1 We originally adopted the Filer Manual on April
                                                     11 See 15 U.S.C. 57a(d)(2)(B); 16 CFR 1.15(b)                          upgraded to support the other                                             1, 1993, with an effective date of April 26, 1993.
                                                                                                                            functionalities on April 25, 2016.
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  (providing that non-substantive amendments to                                                                                                       Release No. 33–6986 (April 1, 1993) [58 FR 18638].
                                                  trade regulation rules are exempt from the                                                                                                          We implemented the most recent update to the Filer
                                                                                                                            DATES: Effective May 19, 2016 The
                                                  rulemaking procedures of Section 18 of the FTC                                                                                                      Manual on December 14, 2015. See Release No. 33–
                                                  Act).                                                                     incorporation by reference of the                                         9987 (January 4, 2016) [81 FR 3].
                                                     12 5 U.S.C. 553(b)(B) (providing that ‘‘good cause’’                   EDGAR Filer Manual is approved by the                                        2 See Rule 301 of Regulation S–T (17 CFR

                                                  exists to forego notice and comment when public                           Director of the Federal Register as of                                    232.301).
                                                  comment is unnecessary).                                                  May 19, 2016.                                                                3 See Release No. 33–9987 in which we
                                                     13 5 U.S.C. 603 and 604 (no regulatory flexibility                                                                                               implemented EDGAR Release 15.4. For additional
                                                  analyses required where the APA does not require                          FOR FURTHER INFORMATION CONTACT: In                                       history of Filer Manual rules, please see the cites
                                                  public comment).                                                          the Division of Trading and Markets, for                                  therein.



                                             VerDate Sep<11>2014         16:37 May 18, 2016         Jkt 238001      PO 00000       Frm 00013       Fmt 4700       Sfmt 4700      E:\FR\FM\19MYR1.SGM              19MYR1


                                                  31502               Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations

                                                  registration and withdraw from their                       • 17HQCON/A: Amendment for                         The EDGAR system upgrade to Release
                                                  registration with the Commission using                  confidential broker dealer quarterly 17–              16.1 is scheduled to become available
                                                  the following submission form types:                    H report                                              on April 25, 2016. The Commission
                                                     • SBSE: Application for Registration                    These submission form types can be                 believes that establishing an effective
                                                  of Security-based Swap Dealers and                      accessed by clicking the ‘‘File 17–H’’                date less than 30 days after publication
                                                  Major Security-based Swap Participants                  link on the EDGAR Filing Web site.                    of these rules is necessary to coordinate
                                                     • SBSE/A: Amendment to an                            Additionally, broker-dealers can                      the effectiveness of the updated Filer
                                                  Application for Registration of Security-               construct XML submissions for                         Manual with these system upgrades.
                                                  based Swap Dealers and Major Security-                  17HACON, 17HACON/A, 17HQCON,
                                                                                                                                                                Statutory Basis
                                                  based Swap Participants                                 and 17HQCON/A by following the
                                                     • SBSE–A: Application for                            ‘‘EDGAR Form 17–H XML Technical                         We are adopting the amendments to
                                                  Registration of Security-based Swap                     Specification’’ document located on the               Regulation S–T under Sections 6, 7, 8,
                                                  Dealers and Major Security-based Swap                   SEC’s Public Web site (http://                        10, and 19(a) of the Securities Act of
                                                  Participants that are Registered or                     www.sec.gov/info/edgar.shtml).                        1933,7 Sections 3, 12, 13, 14, 15, 23, and
                                                  Registering with the Commodity Futures                     The ‘‘Current Number of Employees’’                35A of the Securities Exchange Act of
                                                  Trading Commission as a Swap Dealer                     field on the ‘‘Disclosure Requirements’’              1934,8 Section 319 of the Trust
                                                  or Major Swap Participant                               screen of the Regulation Crowdfunding                 Indenture Act of 1939,9 and Sections 8,
                                                     • SBSE–A/A: Amendment to an                          submission form types C, C/A, and C–                  30, 31, and 38 of the Investment
                                                  Application for Registration of Security-               U has been updated to permit a value                  Company Act of 1940.10
                                                  based Swap Dealers and Major Security-                  of zero in addition to the currently                  List of Subjects in 17 CFR Part 232
                                                  based Swap Participants that are                        allowable numeric values.
                                                                                                             On March 7, 2016, the EDGAR system                   Incorporation by reference, Reporting
                                                  Registered or Registering with the                                                                            and recordkeeping requirements,
                                                  Commodity Futures Trading                               was upgraded to Release 16.0.3 and now
                                                                                                          supports the 2016 US GAAP, 2016                       Securities.
                                                  Commission as a Swap Dealer or Major
                                                  Swap Participant                                        COUNTRY, 2016 CURRENCY and 2016                       Text of the Amendment
                                                     • SBSE–BD: Application for                           EXCH taxonomies. Please see http://
                                                                                                                                                                  In accordance with the foregoing,
                                                  Registration of Security-based Swap                     sec.gov/info/edgar/
                                                                                                                                                                Title 17, Chapter II of the Code of
                                                  Dealers and Major Security-based Swap                   edgartaxonomies.shtml for the complete
                                                                                                                                                                Federal Regulations is amended as
                                                  Participants that are Registered Broker-                listing of supported standard
                                                                                                                                                                follows:
                                                  dealers                                                 taxonomies.
                                                     • SBSE–BD/A: Amendment to an                            Along with the adoption of the Filer               PART 232—REGULATION S–T—
                                                  Application for Registration of Security-               Manual, we are amending Rule 301 of                   GENERAL RULES AND REGULATIONS
                                                  based Swap Dealers and Major Security-                  Regulation S–T to provide for the                     FOR ELECTRONIC FILINGS
                                                  based Swap Participants that are                        incorporation by reference into the Code
                                                  Registered Broker-dealers                               of Federal Regulations of today’s                     ■ 1. The authority citation for Part 232
                                                                                                          revisions. This incorporation by                      continues to read in part as follows:
                                                     • SBSE–C: Certifications for
                                                                                                          reference was approved by the Director                  Authority: 15 U.S.C. 77f, 77g, 77h, 77j,
                                                  Registration of Security-based Swap
                                                                                                          of the Federal Register in accordance                 77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m, 78n,
                                                  Dealers and Major Security-based Swap
                                                                                                          with 5 U.S.C. 552(a) and 1 CFR part 51.               78o(d), 78w(a), 78ll, 80a–6(c), 80a–8, 80a–29,
                                                  Participants
                                                                                                             The updated EDGAR Filer Manual                     80a–30, 80a–37, and 7201 et seq.; and 18
                                                     • SBSE–W: Request for Withdrawal                     will be available for Web site viewing                U.S.C. 1350.
                                                  from Registration as Security-based                     and printing; the address for the Filer
                                                  Swap Dealer or Major Security-based                                                                           *     *     *    *     *
                                                                                                          Manual is http://www.sec.gov/info/                    ■ 2. Section 232.301 is revised to read
                                                  Swap Participant                                        edgar.shtml. You may also obtain paper
                                                     These submission form types can be                                                                         as follows:
                                                                                                          copies of the EDGAR Filer Manual from
                                                  accessed by clicking the ‘‘File SBSE’’                  the following address: Public Reference               § 232.301      EDGAR Filer Manual.
                                                  link on the EDGAR Filing Web site.                      Room, U.S. Securities and Exchange                       Filers must prepare electronic filings
                                                  Additionally, filers can construct XML                  Commission, 100 F Street NE.,                         in the manner prescribed by the EDGAR
                                                  submissions for SBSE, SBSE/A, SBSE–                     Washington, DC 20549, on official                     Filer Manual, promulgated by the
                                                  A, SBSE–A/A, SBSE–BD, SBSE–BD/A,                        business days between the hours of                    Commission, which sets out the
                                                  SBSE–C, and SBSE–W by following the                     10:00 a.m. and 3:00 p.m.                              technical formatting requirements for
                                                  ‘‘EDGAR Form SBSE XML Technical                            Since the Filer Manual and the                     electronic submissions. The
                                                  Specification’’ document located on the                 corresponding rule changes relate solely              requirements for becoming an EDGAR
                                                  SEC’s Public Web site (http://                          to agency procedures or practice,                     Filer and updating company data are set
                                                  www.sec.gov/info/edgar.shtml).                          publication for notice and comment is                 forth in the updated EDGAR Filer
                                                     Pursuant to Exchange Act Rules 17h–                  not required under the Administrative                 Manual, Volume I: ‘‘General
                                                  1T and 17h–2T, broker-dealers that                      Procedure Act (APA).4 It follows that                 Information,’’ Version 24 (December
                                                  choose to file electronically will now                  the requirements of the Regulatory                    2015). The requirements for filing on
                                                  submit the Risk Assessment Report for                   Flexibility Act 5 do not apply.                       EDGAR are set forth in the updated
                                                  Brokers and Dealers Form 17–H via                          The effective date for the updated                 EDGAR Filer Manual, Volume II:
                                                  EDGAR using the following submission                    Filer Manual and the rule amendments                  ‘‘EDGAR Filing,’’ Version 36 (April
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  form types:                                             is May 19, 2016. In accordance with the               2016). Additional provisions applicable
                                                     • 17HACON: Confidential broker                       APA,6 we find that there is good cause                to Form N–SAR filers are set forth in the
                                                  dealer annual 17–H report                               to establish an effective date less than              EDGAR Filer Manual, Volume III: ‘‘N–
                                                     • 17HACON/A: Amendment for                           30 days after publication of these rules.
                                                  confidential broker dealer annual 17–H                                                                            7 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
                                                  report                                                   45  U.S.C. 553(b).                                       8 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll.
                                                     • 17HQCON: Confidential broker                        5 5 U.S.C. 601–612.                                      9 15 U.S.C. 77sss.

                                                  dealer quarterly 17–H report                             6 5 U.S.C. 553(d)(3).                                    10 15 U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37.




                                             VerDate Sep<11>2014   16:37 May 18, 2016   Jkt 238001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\19MYR1.SGM     19MYR1


                                                                      Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations                                         31503

                                                  SAR Supplement,’’ Version 5                             intended to conform to and mirror                        HUD’s EEO regulation was
                                                  (September 2015). All of these                          EEOC’s regulation. As EEOC’s                          promulgated on April 23, 2001 (66 FR
                                                  provisions have been incorporated by                    regulation has been revised, HUD’s EEO                20564). When published, the rule was
                                                  reference into the Code of Federal                      regulation has become outdated and                    intended to mirror and conform to
                                                  Regulations, which action was approved                  may create confusion for parties having               EEOC’s ‘‘Federal Sector Equal
                                                  by the Director of the Federal Register                 to reconcile differing HUD and EEOC                   Employment Opportunity’’ regulation at
                                                  in accordance with 5 U.S.C. 552(a) and                  regulations. By consolidating its EEO                 29 CFR part 1614. Since promulgation
                                                  1 CFR part 51. You must comply with                     policy and procedures in administrative               of HUD’s EEO Regulation, EEOC’s
                                                  these requirements in order for                         guidance, HUD can more effectively                    regulation at 29 CFR part 1614 was
                                                  documents to be timely received and                     incorporate amendments to EEOC’s                      revised several times: On May 21, 2002,
                                                  accepted. The EDGAR Filer Manual is                     regulation, highlight HUD-specific                    to implement the amendment of section
                                                  available for Web site viewing and                      guidance, and simplify the procedures                 501 of the Rehabilitation Act, under the
                                                  printing; the address for the Filer                     for parties seeking to exercise their EEO             Rehabilitation Act Amendments of
                                                  Manual is http://www.sec.gov/info/                      rights.                                               1992; on August 2, 2006, to address the
                                                  edgar.shtml. You can obtain paper                       DATES: Effective: June 20, 2016.                      posting requirements of the Notification
                                                  copies of the EDGAR Filer Manual from                   FOR FURTHER INFORMATION CONTACT: John
                                                                                                                                                                and Federal Employee
                                                  the following address: Public Reference                 P. Benison, Director, Office of                       Antidiscrimination and Retaliation Act
                                                  Room, U.S. Securities and Exchange                                                                            of 2002 (71 FR 43644); on December 7,
                                                                                                          Departmental Equal Employment
                                                  Commission, 100 F Street NE.,                                                                                 2009, to include references to title II of
                                                                                                          Opportunity, Department of Housing
                                                  Washington, DC 20549, on official                                                                             the Genetic Information
                                                                                                          and Urban Development, 451 7th Street
                                                  business days between the hours of                                                                            Nondiscrimination Act of 2008 (74 FR
                                                                                                          SW., Room 2102, Washington, DC
                                                  10:00 a.m. and 3:00 p.m. You can also                                                                         63981); on July 25, 2012, to reform the
                                                                                                          20410; telephone number 202–708–3362
                                                  inspect the document at the National                                                                          Federal sector EEO complaint process
                                                                                                          (this is not a toll-free number). Persons
                                                  Archives and Records Administration                                                                           (77 FR 43498); and on various other
                                                                                                          with hearing or speech impairments
                                                  (NARA). For information on the                                                                                dates to implement clerical or
                                                                                                          may access this number through TTY by
                                                  availability of this material at NARA,                                                                        procedural changes. As a result, HUD’s
                                                                                                          calling the Federal Relay Service at 800–
                                                  call 202–741–6030, or go to: http://                                                                          EEO Regulation no longer mirrors
                                                                                                          877–8339 (this is a toll-free number).                EEOC’s regulation and is now outdated.
                                                  www.archives.gov/federal_register/                      SUPPLEMENTARY INFORMATION:
                                                  code_of_federal_regulations/ibr_                                                                              HUD is concerned that this may result
                                                  locations.html.                                         I. Background                                         in confusion for parties required to
                                                                                                                                                                reconcile HUD’s EEO regulation and
                                                    Dated: April 22, 2016.                                   HUD policy is to provide equality of               EEOC’s regulation. Further, the
                                                    By the Commission.                                    employment opportunity for all persons,               provisions of HUD’s EEO regulation that
                                                  Brent J. Fields,                                        and to prohibit discrimination because                expand on EEOC’s regulation may add
                                                  Secretary.                                              of race, color, religion, sex (including              further confusion by adding procedures
                                                  [FR Doc. 2016–11764 Filed 5–18–16; 8:45 am]
                                                                                                          gender identity, sexual orientation, and              that apply only to HUD and not to those
                                                                                                          pregnancy), national origin, age,                     employees or applicants seeking
                                                  BILLING CODE 8011–01–P
                                                                                                          disability, or genetic information in all             information about Federal equal
                                                                                                          facets of employment. These policies are              employment opportunity policies,
                                                                                                          integral to HUD’s mission and underlie                procedures, and programs.
                                                  DEPARTMENT OF HOUSING AND                               its efforts to promote economic and                      To remedy this situation, HUD is
                                                  URBAN DEVELOPMENT                                       community development; increase                       removing 24 CFR part 7. By removing
                                                                                                          homeownership; create affordable                      HUD’s EEO regulation and
                                                  24 CFR Part 7
                                                                                                          housing opportunities for low-income                  consolidating all of HUD’s EEO policy
                                                  [Docket No. FR–5645–F–01]                               Americans; enforce the Nation’s fair                  and procedures in administrative
                                                                                                          housing laws; and support the                         guidance, HUD can more effectively
                                                  RIN 2501–AD78                                           homeless, the elderly, people with                    incorporate amendments to EEOC’s
                                                  Removal of the Equal Employment                         disabilities, and people living with                  regulation, highlight HUD specific
                                                  Opportunity; Policy, Procedures and                     AIDS. Toward this goal, HUD remains                   guidance, and simplify the procedures
                                                  Programs Regulation                                     committed to promoting affirmative                    for parties seeking to exercise their EEO
                                                                                                          employment through the removal of                     rights.
                                                  AGENCY:    Office of the Secretary, HUD.                barriers and by positive actions at every                HUD consulted with the EEOC in
                                                  ACTION:   Final rule.                                   management level, including the early                 development of this final rule,
                                                                                                          resolution of EEO disputes.                           consistent with ‘‘Executive Order
                                                  SUMMARY:   To increase the effectiveness                   To increase the effectiveness of HUD’s             12067—Providing for Coordination of
                                                  of its Equal Employment Opportunity                     EEO program and streamline HUD’s                      Federal Equal Employment Opportunity
                                                  (EEO) program and streamline HUD’s                      regulations, HUD has decided to                       programs’’ (43 FR 28967). Executive
                                                  regulations, HUD has decided to remove                  consolidate its EEO policy and                        Order 12067 requires that ‘‘agencies
                                                  24 CFR part 7 (HUD’s EEO regulation),                   procedure, currently codified in HUD’s                shall advise and offer to consult with
                                                  while continuing to publish its EEO                     EEO regulation at 24 CFR part 7, in                   the Equal Employment Opportunity
                                                  policy and procedures as administrative                 administrative guidance that is already               Commission during the development of
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  guidance. This action is necessary                      posted on HUD’s Web site. This action                 any proposed rules, regulations,
                                                  because HUD’s EEO regulation has been                   is necessary because HUD’s EEO                        policies, procedures or orders
                                                  superseded by the Equal Employment                      regulation has been superseded by                     concerning equal employment
                                                  Opportunity Commission (EEOC)                           EEOC regulation, and, as such, does not               opportunity.’’
                                                  regulation at 29 CFR part 1614 (EEOC’s                  establish binding requirements. In
                                                  regulation) and therefore does not                      addition, this action allows HUD to                   II. Justification for Final Rulemaking
                                                  establish binding requirements. In                      ensure that its EEO policy and                           HUD generally publishes a rule for
                                                  addition, HUD’s EEO regulation was                      procedures are accurate and up-to-date.               public comment before issuing a rule for


                                             VerDate Sep<11>2014   16:37 May 18, 2016   Jkt 238001   PO 00000   Frm 00015   Fmt 4700   Sfmt 4700   E:\FR\FM\19MYR1.SGM   19MYR1



Document Created: 2018-02-07 15:01:36
Document Modified: 2018-02-07 15:01:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective May 19, 2016 The incorporation by reference of the EDGAR Filer Manual is approved by the Director of the Federal Register as of May 19, 2016.
ContactIn the Division of Trading and Markets, for questions concerning Form SBSE, Form SBSE-A, Form SBSE-BD, Form SBSE-C, Form SBSE-W, and Form 17-H, contact Kathy Bateman at (202) 551-4345; in the Division of Corporation Finance, for questions concerning Form C, contact Vik Sheth at (202) 551-3818; and in the Division of Economic and Risk Analysis, for questions concerning XBRL taxonomies, contact Walter Hamscher at (202) 551-5397.
FR Citation81 FR 31501 
CFR AssociatedIncorporation by Reference; Reporting and Recordkeeping Requirements and Securities

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR