83_FR_11689 83 FR 11637 - Adoption of Updated EDGAR Filer Manual

83 FR 11637 - Adoption of Updated EDGAR Filer Manual

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 52 (March 16, 2018)

Page Range11637-11639
FR Document2018-05238

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.

Federal Register, Volume 83 Issue 52 (Friday, March 16, 2018)
[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Rules and Regulations]
[Pages 11637-11639]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05238]


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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.

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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.
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    \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].
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    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\
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    \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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    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



                                                                    Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Rules and Regulations                                                   11637

                                                —Pass/fail injury assessments: TTI and                  related rules. The EDGAR system is                     submit filings using the EDGAR system.
                                                   pelvic acceleration.                                 scheduled to be upgraded on March 12,                  Filers must comply with the applicable
                                                   (ii) One longitudinal test with the                  2018.                                                  provisions of the Filer Manual in order
                                                Hybrid II ATD, deformed floor, with 10                  DATES: Effective March 16, 2018. The                   to assure the timely acceptance and
                                                degrees yaw, and with all lateral                       incorporation by reference of the                      processing of filings made in electronic
                                                structural supports (armrests/walls) will               EDGAR Filer Manual is approved by the                  format.2 Filers may consult the Filer
                                                be accomplished.                                        Director of the Federal Register as of                 Manual in conjunction with our rules
                                                —Pass/fail injury assessments: HIC and                  March 16, 2018.                                        governing mandated electronic filing
                                                   upper torso restraint load, restraint                FOR FURTHER INFORMATION CONTACT: In                    when preparing documents for
                                                   system retention, and pelvic                         the Division of Investment Management,                 electronic submission.3
                                                   acceleration.                                        for questions concerning Form N–PORT                      The EDGAR System and Filer Manual
                                                                                                        and Form N–CEN, contact Heather                        will be updated in Release 18.1 and will
                                                   (iii) Vertical (15 g’s) test is to be                                                                       reflect the following changes.
                                                conducted with modified Hybrid II                       Fernandez at (202) 551–6708 and for
                                                                                                        questions concerning submission form                      The Form ID entry screen will be
                                                ATDs with existing pass/fail criteria.                                                                         revised to allow filers that are applying
                                                   (iv) The ATD can be tethered for the                 type 486BXT, contact Shawn Davis at
                                                                                                        (202) 551–6413. In the Division of                     for access codes to indicate whether
                                                floor deformation test.                                                                                        they intend to submit a draft registration
                                                   (v) The seatbelt is not required to have             Trading and Markets, for questions
                                                                                                        concerning Form 13H, contact Richard                   statement or draft offering statement.
                                                a TSO Authorization but will need to
                                                                                                        Holley at (202) 551–5614. In the                       Clarifying instructions will be added to
                                                comply with the TSO–C22g Minimum
                                                                                                        Division of Economic and Risk                          Chapter 3 (Becoming an EDGAR Filer)
                                                Performance Standards (MPS).
                                                                                                        Analysis, for questions concerning the                 of the EDGAR Filer Manual, Volume I
                                                (2) Special Notes                                       updated XBRL taxonomies, contact                       and a technical conforming amendment
                                                   (i) The ATD head and torso must                      Brian Hankin at (202) 551–8497. In the                 will be made to Form ID.
                                                remain supported by the forward                         Office of Strategic Initiatives, for                      EDGAR will be revised to add the
                                                divider (wall) during the event. The                    questions concerning Form ID, contact                  submission form type SF–1MEF, which
                                                ATD is not permitted to move inboard                    Christian Windsor at (202) 551–3419 or                 will allow registrants to register
                                                of the divider.                                         Mellissa Duru at (202) 551–3757. In the                additional securities pursuant to Rule
                                                   (ii) Honda Aircraft Company, Inc.                    Division of Corporation Finance, for                   462(b) of the Securities Act of 1933 (the
                                                must determine whether the last cabin                   questions concerning the draft                         ‘‘Securities Act’’) to a prior related
                                                seat will become a partition panel or                   registration statements on form type                   effective registration statement filed on
                                                bulkhead restraint that can increase                    DRS and DRS/A, the draft offering                      Form SF–1. Corresponding changes
                                                ATD inertial loading or otherwise affect                statements on form type DOS and DOS/                   have been made to Chapter 3 (Index to
                                                the test whether the last cabin seat is                 A, and submission form type SF–1MEF,                   Forms), Chapter 4 (Filing Fee
                                                occupied or unoccupied.                                 contact Heather Mackintosh at (202)                    Information) and Appendix C (EDGAR
                                                   (iii) The ATD should be fitted in a                  551–8111. In the Office of Municipal                   Submission Types) of the EDGAR Filer
                                                manner reflecting the worst occupant                    Securities, for questions concerning                   Manual, Volume II.
                                                seating. Belts, buckles, and other                      Form MA–I and Form MA–I/A, contact                        EDGAR will also be revised to add
                                                clothing must remain restrained for the                 Ahmed Abonamah at (202) 551–3887.                      submission form type 486BXT for post-
                                                event duration and not become loose                     SUPPLEMENTARY INFORMATION: We are
                                                                                                                                                               effective amendments to Form N–2 filed
                                                items of mass.                                          adopting an updated EDGAR Filer                        pursuant to Securities Act Rule
                                                                                                        Manual, Volume I and Volume II, and                    486(b)(1)(iii) to designate a new
                                                   Issued in Kansas City, Missouri, on March
                                                                                                        making corresponding rule and form                     effective date for a post-effective
                                                7, 2018.
                                                                                                        amendments. The Filer Manual                           amendment previously filed pursuant to
                                                Pat Mullen,
                                                                                                        describes the technical formatting                     Securities Act Rule 486(a).
                                                Manager, Small Airplane Standards Branch,                                                                      Corresponding changes have been made
                                                Aircraft Certification Service.                         requirements for the preparation and
                                                                                                        submission of electronic filings through               to Chapter 3 (Index to Forms) and
                                                [FR Doc. 2018–05321 Filed 3–15–18; 8:45 am]                                                                    Appendices A (Messages Reported by
                                                                                                        the EDGAR system.1 It also describes
                                                BILLING CODE 4910–13–P
                                                                                                        the requirements for filing using                      EDGAR) and C (EDGAR Submission
                                                                                                        EDGARLink Online and the Online                        Types) of the EDGAR Filer Manual,
                                                                                                        Forms/XML website.                                     Volume II.
                                                SECURITIES AND EXCHANGE                                    The revisions to the Filer Manual                      EDGAR will be updated to allow
                                                COMMISSION                                              reflect changes within Volume I,                       multiple accession numbers and series
                                                                                                        entitled EDGAR Filer Manual, Volume I:                 IDs in the header of NPORT–EX and
                                                17 CFR Parts 232 and 274                                                                                       NPORT–EX/A submissions. This will
                                                                                                        ‘‘General Information,’’ (Version 30)
                                                [Release Nos. 33–10467; 34–82830; 39–                   (March 2018), and Volume II, entitled                  allow the filer to make a single
                                                2520; IC–33041]                                         EDGAR Filer Manual, Volume II:                         submission for multiple series.
                                                                                                        ‘‘EDGAR Filing,’’ Version 45 (March                    Clarifying changes have been made to
                                                Adoption of Updated EDGAR Filer                                                                                Appendix A, (Messages Reported by
                                                                                                        2018). The updated manual will be
                                                Manual                                                                                                         EDGAR) and Chapter 7 (Preparing and
                                                                                                        incorporated by reference into the Code
                                                AGENCY:  Securities and Exchange                        of Federal Regulations.                                Transmitting EDGARLink Online
                                                Commission.                                                The Filer Manual contains all the                   Submissions) of the EDGAR Filer
jstallworth on DSKBBY8HB2PROD with RULES




                                                                                                        technical specifications for filers to                 Manual, Volume II.
                                                ACTION: Final rule.

                                                SUMMARY:  The Securities and Exchange                      1 We originally adopted the Filer Manual on April     2 See Rule 301 of Regulation S–T (17 CFR

                                                Commission (the ‘‘Commission’’) is                      1, 1993, with an effective date of April 26, 1993.     232.301).
                                                                                                        Release No. 33–6986 (April 1, 1993) [58 FR 18638].       3 See Release No. 33–10385 (July 6, 2017) [82 FR
                                                adopting revisions to the Electronic Data               We implemented the most recent update to the Filer     35062] (implementing revisions to reflect EDGAR
                                                Gathering, Analysis, and Retrieval                      Manual on December 8, 2017. See Release No. 33–        Release 17.2. For additional history of EDGAR Filer
                                                System (‘‘EDGAR’’) Filer Manual and                     10444 (December 8, 2017) [83 FR 2369].                 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,                   Period Begin Date is after the Reporting               of the Investment Company Act of
                                                2017) [82 FR 17545] the Commission                      Period End Date. Clarifying changes                    1940.10
                                                adopted revisions to certain                            have been added to Appendix A                            We are adopting the technical
                                                Commission forms to add checkboxes to                   (Messages Reported By EDGAR) of the                    conforming amendment to Form ID
                                                the cover pages to the forms to enable                  EDGAR Filer Manual, Volume II.                         under the authority in Section 19(a) of
                                                registrants to indicate their status as an                 Along with the adoption of the Filer                the Securities Act,11 Sections 3(b), 13(a),
                                                Emerging Growth Company, as defined                     Manual, we are amending Rule 301 of                    23(a), and 35A of the Exchange Act,12
                                                in Section 6(e) of the Securities Act, and              Regulation S–T to provide for the                      Section 319 of the Trust Indenture Act
                                                to indicate whether they were opting                    incorporation by reference into the Code               of 1939 13 and Sections 30 and 38 of the
                                                out of the extended transition period for               of Federal Regulations of today’s                      Investment Company Act of 1940.14
                                                complying with any new or revised                       revisions. This incorporation by
                                                financial accounting standards. Updates                                                                        List of Subjects
                                                                                                        reference was approved by the Director
                                                are being made in EDGAR Release 18.1                    of the Federal Register in accordance                  17 CFR Part 232
                                                to allow filers submitting draft                        with 5 U.S.C. 552(a) and 1 CFR part 51.                  Incorporation by reference, Reporting
                                                registration statements on submission                      The updated EDGAR Filer Manual                      and recordkeeping requirements,
                                                form type DRS and DRS/A to provide                      will be available for website viewing                  Securities.
                                                similar indications when submitting                     and printing; the address for the Filer
                                                those submission form types.                            Manual is https://www.sec.gov/info/                    17 CFR Part 274
                                                Corresponding changes will be made to                   edgar/edmanuals.htm. You may also                        Investment companies, Reporting and
                                                Chapter 7 (Preparing and Transmitting                   obtain paper copies of the EDGAR Filer                 recordkeeping requirements, Securities.
                                                EDGARLink Online Submissions) of the                    Manual from the following address:
                                                EDGAR Filer Manual, Volume II.                          Public Reference Room, U.S. Securities                 Text of the Amendments
                                                   EDGAR Release 18.1 will revise                       and Exchange Commission, 100 F Street                    In accordance with the foregoing, title
                                                EDGAR to allow investment company                       NE, Washington, DC 20549, on official                  17, chapter II of the Code of Federal
                                                filers to skip Part C of submission Forms               business days between the hours of 10                  Regulations is amended as follows:
                                                N–CEN and N–CEN/A if all of their                       a.m. and 3 p.m.
                                                series are terminated. Clarifying changes                  Since the Filer Manual and the                      PART 232—REGULATION S–T—
                                                have been made to Chapter 8 (Preparing                  corresponding rule and form                            GENERAL RULES AND REGULATIONS
                                                and Transmitting Online Submissions)                    amendments relate solely to agency                     FOR ELECTRONIC FILINGS
                                                of the EDGAR Filer Manual, Volume II.                   procedures or practice, publication for
                                                   EDGAR Release 18.1 will revise                       notice and comment is not required                     ■ 1. The authority citation for part 232
                                                EDGAR to allow filers to sort the dates                 under the Administrative Procedure Act                 continues to read in part as follows:
                                                provided in Items 3 and 4 of submission                                                                          Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j,
                                                                                                        (‘‘APA’’).4 It follows that the
                                                form types MA–I and MA–I/A in reverse                                                                          77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m, 78n,
                                                                                                        requirements of the Regulatory
                                                chronological order. Clarifying changes                                                                        78o(d), 78w(a), 78ll, 80a–6(c), 80a–8, 80a–29,
                                                                                                        Flexibility Act 5 do not apply.
                                                have been made to Chapter 8 (Preparing                                                                         80a–30, 80a–37, and 7201 et seq.; and 18
                                                                                                           The effective date for the updated
                                                and Transmitting Online Submissions)                                                                           U.S.C. 1350, unless otherwise noted.
                                                                                                        Filer Manual and the related rule and
                                                of the EDGAR Filer Manual, Volume II.                                                                          *     *     *    *     *
                                                   Instructions in the EDGAR Filer                      form amendments is March 16, 2018. In
                                                                                                        accordance with the APA,6 we find that                 ■ 2. Section 232.301 is revised to read
                                                Manual will be revised to clarify that
                                                                                                        there is good cause to establish an                    as follows:
                                                filers of Form 13H who are natural
                                                persons and who do not have a Tax                       effective date less than 30 days after
                                                                                                                                                               § 232.301      EDGAR Filer Manual.
                                                Identification Number or TIN, should                    publication of these rules. The
                                                                                                        Commission believes that establishing                     Filers must prepare electronic filings
                                                enter ‘‘00–0000000’’ in lieu of the TIN.                                                                       in the manner prescribed by the EDGAR
                                                Natural person filers should                            an effective date less than 30 days after
                                                                                                        publication of these rules is necessary to             Filer Manual, promulgated by the
                                                immediately discontinue the practice of                                                                        Commission, which sets forth the
                                                providing their Social Security number                  coordinate the effectiveness of the
                                                                                                        updated Filer Manual and related rule                  technical formatting requirements for
                                                in that field. Corresponding changes                                                                           electronic submissions. The
                                                will be made to Chapter 8 (Preparing                    and form amendments with these
                                                                                                        system upgrades and to provide updated                 requirements for becoming an EDGAR
                                                and Transmitting Online Submissions)                                                                           Filer and updating company data are set
                                                of the EDGAR Filer Manual, Volume II.                   instructions for filers of Form 13H in a
                                                                                                        timely manner.                                         forth in the updated EDGAR Filer
                                                   In EDGAR Release 18.1, the EDGAR                                                                            Manual, Volume I: ‘‘General
                                                system will be upgraded to support the                  Statutory Basis                                        Information,’’ Version 30 (March 2018).
                                                2018 XBRL Taxonomies and updated                                                                               The requirements for filing on EDGAR
                                                SEC taxonomies COUNTRY,                                   We are adopting the amendments to
                                                                                                        Regulation S–T under the authority in                  are set forth in the updated EDGAR Filer
                                                CURRENCY, EXCH and NAICS. Please                                                                               Manual, Volume II: ‘‘EDGAR Filing,’’
                                                see https://www.sec.gov/info/edgar/                     Sections 6, 7, 8, 10, and 19(a) of the
                                                                                                        Securities Act of 1933,7 Sections 3, 12,               Version 45 (March 2018). Additional
                                                edgartaxonomies.shtml for a complete                                                                           provisions applicable to Form N–SAR
                                                listing of supported standard                           13, 14, 15, 15B, 23, and 35A of the
                                                                                                        Securities Exchange Act of 1934,8                      filers are set forth in the EDGAR Filer
                                                taxonomies. Conforming changes have                                                                            Manual, Volume III: ‘‘N–SAR
                                                been made to Chapter 5 (Constructing                    Section 319 of the Trust Indenture Act
                                                                                                        of 1939,9 and Sections 8, 30, 31, and 38               Supplement,’’ Version 6 (January 2017).
                                                and Transmitting Online Submissions)                                                                           All of these provisions have been
jstallworth on DSKBBY8HB2PROD with RULES




                                                and Chapter 6 (Interactive Data) of the                   45                                                   incorporated by reference into the Code
                                                                                                              U.S.C. 553(b)(A).
                                                EDGAR Filer Manual, Volume II.                            55  U.S.C. 601–612.
                                                   EDGAR Release 18.1 will revise the                     6 5 U.S.C. 553(d)(3).                                    10 15 U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37.
                                                EDGAR system to suspend ABS–EE and                        7 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).              11 15 U.S.C. 77s(a).
                                                ABS–EE/A submissions (along with                          8 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78o_4, 78w,         12 15 U.S.C. 78c(b), 78m(a), 78w(a), and 78ll.

                                                Combined 10–D/ABS–EE submissions                        and 78ll.                                                  13 15 U.S.C. 77sss.

                                                and their amendments) if the Reporting                    9 15 U.S.C. 77sss.                                       14 15 U.S.C. 80a–29, and 80a–37.




                                           VerDate Sep<11>2014   14:39 Mar 15, 2018   Jkt 244001   PO 00000    Frm 00006   Fmt 4700   Sfmt 4700   E:\FR\FM\16MRR1.SGM      16MRR1


                                                                    Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Rules and Regulations                                         11639

                                                of Federal Regulations, which action                    DEPARTMENT OF HEALTH AND                              FOR FURTHER INFORMATION CONTACT:
                                                was approved by the Director of the                     HUMAN SERVICES                                        Kelley Nduom, Center for Drug
                                                Federal Register in accordance with 5                                                                         Evaluation and Research, Office of
                                                U.S.C. 552(a) and 1 CFR part 51. You                    Food and Drug Administration                          Regulatory Policy, Food and Drug
                                                must comply with these requirements in                                                                        Administration, 10903 New Hampshire
                                                order for documents to be timely                        21 CFR Parts 201, 801, and 1100                       Ave., Bldg. 51, Rm. 6221, Silver Spring,
                                                received and accepted. The EDGAR                        [Docket No. FDA–2015–N–2002]                          MD 20993, 301–796–8597,
                                                Filer Manual is available for website                                                                         kelley.nduom@fda.hhs.gov.
                                                                                                        RIN 0910–AH94
                                                viewing and printing; the address for
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                the Filer Manual is https://www.sec.gov/                Clarification of When Products Made
                                                info/edgar/edmanuals.htm. You can                       or Derived From Tobacco Are                           I. Background
                                                obtain paper copies of the EDGAR Filer                  Regulated as Drugs, Devices, or
                                                Manual from the following address:                                                                               In the Federal Register of January 9,
                                                                                                        Combination Products; Amendments
                                                Public Reference Room, U.S. Securities                  to Regulations Regarding ‘‘Intended                   2017 (82 FR 2193), FDA published a
                                                and Exchange Commission, 100 F Street                   Uses’’; Partial Delay of Effective Date               final rule entitled ‘‘Clarification of
                                                NE, Washington, DC 20549, on official                                                                         When Products Made or Derived From
                                                                                                        AGENCY:    Food and Drug Administration,              Tobacco Are Regulated as Drugs,
                                                business days between the hours of
                                                                                                        HHS.                                                  Devices, or Combination Products;
                                                10:00 a.m. and 3:00 p.m. You can also
                                                                                                        ACTION:  Final rule; partial delay of                 Amendments to Regulations Regarding
                                                inspect the document at the National
                                                                                                        effective date.                                       ‘Intended Uses’’’ (January 2017 final
                                                Archives and Records Administration
                                                (NARA). For information on the                                                                                rule). The final rule added a new
                                                                                                        SUMMARY:   The Food and Drug
                                                availability of this material at NARA,                                                                        regulation (§ 1100.5 (21 CFR 1100.5)) to
                                                                                                        Administration (FDA, the Agency, or
                                                call 202–741–6030, or go to: https://                   we) is issuing this final rule to delay the           title 21 of the Code of Federal
                                                www.archives.gov/federal-register/cfr/                  effective date of amendments to the                   Regulations (CFR) to describe the
                                                ibr-locations.html.                                     existing medical product ‘‘intended                   circumstances in which a product made
                                                                                                        use’’ regulations, contained in the final             or derived from tobacco that is intended
                                                PART 274—FORMS PRESCRIBED                               rule published January 9, 2017, until                 for human consumption will be subject
                                                UNDER THE INVESTMENT COMPANY                            further notice. This final rule delays the            to regulation as a drug, device, or a
                                                ACT OF 1940                                             effective date of the amendments to                   combination product under the FD&C
                                                                                                        allow further consideration of the                    Act. The rule also amended FDA’s
                                                ■ 3. The authority citation for part 274                substantive issues raised in the                      existing regulations describing the types
                                                continues to read in part as follows:                   comments received regarding the                       of evidence that may be considered in
                                                                                                        amendments. This action does not delay                determining a medical product’s
                                                  Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s,
                                                                                                        the effective date of the portions of the             intended uses (§§ 201.128 and 801.4 (21
                                                78c(b), 78l, 78m, 78n, 78o(d), 80a–8, 80a–24,
                                                                                                        January 9, 2017, final rule that describe             CFR 201.128 (drugs) and 21 CFR 801.4
                                                80a–26, 80a–29, and Pub. L. 111–203, sec.
                                                                                                        the circumstances in which a product                  (devices))).
                                                939A, 124 Stat. 1376 (2010), unless otherwise
                                                                                                        made or derived from tobacco that is                     In the Federal Register of February 7,
                                                noted.
                                                                                                        intended for human consumption will
                                                *      *     *       *      *                                                                                 2017 (82 FR 9501), in accordance with
                                                                                                        be subject to regulation as a drug,
                                                                                                                                                              the memorandum of January 20, 2017,
                                                ■ 4. Form ID (referenced in §§ 239.63,                  device, or a combination product under
                                                                                                        the Federal Food, Drug, and Cosmetic                  from the Assistant to the President and
                                                249.446, 269.7 and 274.402 of this                                                                            Chief of Staff, entitled ‘‘Regulatory
                                                chapter) is amended to add in ‘‘PART                    Act (FD&C Act), which remains March
                                                                                                        19, 2018.                                             Freeze Pending Review,’’ we delayed,
                                                I—APPLICATION FOR ACCESS CODES                                                                                until March 21, 2017, the effective date
                                                TO FILE ON EDGAR’’ the following text                   DATES: Effective March 16, 2018, the
                                                                                                        amendments made to §§ 201.128 and                     of the final rule.
                                                and checkbox ‘‘Access codes will be
                                                                                                        801.4, revised at 82 FR 2193 (January 9,                 On February 8, 2017, various industry
                                                used to submit draft registration or draft
                                                                                                        2017), delayed at 82 FR 9501 (February                organizations filed a petition raising
                                                offering statement. b’’
                                                                                                        7, 2017) until March 21, 2017, and                    concerns with the January 2017 final
                                                  Note: The text of Form ID does not, and the           further delayed at 82 FR 14319 (March                 rule, requesting reconsideration and a
                                                amendment will not, appear in the Code of               20, 2017) until March 19, 2018, are                   stay pursuant to 21 CFR 10.33(b) and
                                                Federal Regulations.                                    delayed indefinitely. Section 1100.5,                 10.35(b) (see FDA–2015–N–2002–1977).
                                                                                                        added at 82 FR 2193 (January 9, 2017),                The petition requests that FDA
                                                  By the Commission.
                                                                                                        delayed at 82 FR 9501 (February 7,                    reconsider the amendments to the
                                                  Dated: March 8, 2018.                                 2017) until March 21, 2017, and further               ‘‘intended use’’ regulations and issue a
                                                Brent J. Fields,                                        delayed at 82 FR 14319 (March 20,                     new final rule that, with respect to the
                                                Secretary.                                              2017) until March 19, 2018, is effective              intended use regulations at §§ 201.128
                                                [FR Doc. 2018–05238 Filed 3–15–18; 8:45 am]             March 19, 2018.                                       and 801.4, reverts to the language of the
                                                BILLING CODE 8011–01–P                                  ADDRESSES: For access to the docket to                September 25, 2015, proposed rule. The
                                                                                                        read background documents or                          petition also requests that FDA
                                                                                                        comments received, go to https://                     indefinitely stay the rule because
jstallworth on DSKBBY8HB2PROD with RULES




                                                                                                        www.regulations.gov and insert the                    petitioners argue that (1) the final rule
                                                                                                        docket number found in brackets in the                was issued in violation of the fair notice
                                                                                                        heading of this final rule into the                   requirement under the Administrative
                                                                                                        ‘‘Search’’ box and follow the prompts,
                                                                                                                                                              Procedure Act (APA) (petition at pp.
                                                                                                        and/or go to the Dockets Management
                                                                                                                                                              10–13) and (2) the ‘‘totality of the
                                                                                                        Staff, 5630 Fishers Lane, Rm. 1061,
                                                                                                        Rockville, MD 20852.                                  evidence’’ language in the final rule is



                                           VerDate Sep<11>2014   14:39 Mar 15, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4700   Sfmt 4700   E:\FR\FM\16MRR1.SGM   16MRR1



Document Created: 2018-03-16 01:12:21
Document Modified: 2018-03-16 01:12:21
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 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.
ContactIn 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.
FR Citation83 FR 11637 
CFR Citation17 CFR 232
17 CFR 274
CFR AssociatedIncorporation by Reference; Reporting and Recordkeeping Requirements; Securities and Investment Companies

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