83 FR 2369 - Adoption of Updated EDGAR Filer Manual
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 11 (January 17, 2018)
Federal Register Volume 83, Issue 11 (January 17, 2018)
| Page Range | 2369-2371 | |
| FR Document | 2018-00625 |
[Federal Register Volume 83, Number 11 (Wednesday, January 17, 2018)] [Rules and Regulations] [Pages 2369-2371] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00625] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 232 [Release Nos. 33-10444; 34-82246; 39-2519; IC-32938] 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 EDGAR system is scheduled to be upgraded on December 11, 2017. DATES: Effective January 17, 2018. The incorporation by reference of the EDGAR Filer Manual is approved by the Director of the Federal Register as of January 17, 2018. FOR FURTHER INFORMATION CONTACT: In the Division of Investment Management, for questions concerning Form N-LIQUID and additional data submission protocols for Form N-CEN, contact Heather Fernandez at (202) 551-6708; and in the Division of Corporation Finance, for questions concerning the combined Form 10-D/ABS-EE submission protocols or the new CERT submission form type, contact Heather Macintosh at (202) 551- 8111. 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 website. --------------------------------------------------------------------------- \1\ We originally adopted the Filer Manual on April 1, 1993, with an effective date of April 26, 1993. Release No. 33-6986 (April 1, 1993) [58 FR 18638]. We implemented the most recent update to the Filer Manual on September 13, 2017. See Release No. 33-10413 (September 13, 2017) [82 FR 45434]. --------------------------------------------------------------------------- The revisions to the Filer Manual reflect changes within Volume II, entitled EDGAR Filer Manual, Volume II: ``EDGAR Filing,'' Version 44 (December 2017). The updated manual will be incorporated by reference into the Code of Federal Regulations. The Filer Manual contains all the technical specifications for filers to submit filings using the EDGAR system. Filers must comply with the applicable provisions of the Filer Manual in order to assure the timely acceptance and processing of filings made in electronic format.\2\ Filers may consult the Filer Manual in conjunction with our rules governing mandated electronic filing when preparing documents for electronic submission.\3\ --------------------------------------------------------------------------- \2\ See Rule 301 of Regulation S-T (17 CFR 232.301). \3\ See Release No. 33-10385 (July 6, 2017) [82 FR 35062] (implementing revisions to reflect EDGAR Release 17.2. For additional history of EDGAR Filer Manual revisions, please see the citations therein). --------------------------------------------------------------------------- The EDGAR system will be upgraded to Release 17.4 on December 11, 2017 and will introduce the changes referenced below. EDGAR Release 17.4 will update EDGAR to allow, but not require, asset-backed securities filers to submit a combined Form 10-D and Form ABS-EE. The combined submission would allow filers to concurrently submit and create hyperlinks in Form 10-D to the Form ABS-EE exhibits incorporated by reference into the Form 10-D.\4\ The combined submission will be subject to a size limitation of 800MB, with 600MB for the Form ABS-EE submission and 200MB for the Form 10-D submission. Corresponding changes will be made to Chapter 5 (Constructing Attached Documents and Document Types) and Chapter 7 (Preparing and Transmitting EDGARLink Online Submissions) of the EDGAR Filer Manual, Volume II. --------------------------------------------------------------------------- \4\ The Commission previously adopted amendments requiring registrants to include a hyperlink to each exhibit listed in the exhibit index of certain filings, including filings on Form 10-D. See Release Nos. 33-10322, 34-80132 (March 1, 2017) [82 FR 14130 (March 17, 2017)]. --------------------------------------------------------------------------- EDGAR Release 17.4 will update EDGAR to allow, but not require, national securities exchanges to submit a new certification form type on EDGAR to evidence the approval of securities for listing on an exchange. EDGAR Release 17.4 will introduce submission [[Page 2370]] form type CERT, a new EDGARLink Online submission form type. Instructions for making submissions of form type CERT will be added to Chapter 5 (Constructing Attached Documents and Document Types) and Chapter 7 (Preparing and Transmitting EDGARLink Online Submissions) of the EDGAR Filer Manual, Volume II. In Release No. 33-10233 (October 13, 2016) [81 FR 82142], the Commission adopted changes to the reporting requirements for open-end management investment companies. Among the changes was the adoption of new Form N-LIQUID, which requires all registered open-end funds (except money market funds) to confidentially notify the Commission when certain events related to their liquidity occur. EDGAR Release 17.4 will update EDGAR to provide a means of submitting information regarding liquidity events using the following form types:Current Report Open-End Management Investment Company Liquidity on Form N-LIQUID (N-LIQUID); and Amended Current Report Open-End Management Investment Company Liquidity Form N-LIQUID (N-LIQUID/A). Changes will be made to Chapter 3 (Index to Forms) and Chapter 7 (Preparing and Transmitting Online Submissions) of the EDGAR Filer Manual, Volume II. In Release No. 33-10231 the Commission also adopted Form N-CEN, which will require investment companies, other than face amount certificate companies, to provide an annual report of census-type information in a structured format. EDGAR Release 17.3 added Form N-CEN and its related submission form types to EDGAR.\5\ As part of EDGAR Release 17.4, Chapter 7 (Preparing and Transmitting Online Submissions) of the EDGAR Filer Manual, Volume II will be revised to provide clarifying instructions for filers on how to submit an amended Form N- CEN that contains data from a previously accepted filing on Form N-CEN or N-CEN/A covering the same period-end. --------------------------------------------------------------------------- \5\ See Release No. 33-10413 (adopting updates to reflect EDGAR Release 17.3). --------------------------------------------------------------------------- Finally, clarifying changes to the instructions for preparing documents that contain interactive data will be made to Chapter 5 (Constructing Attached Documents and Document Types) and Chapter 6 (Interactive Data) 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 changes relate solely to agency procedures or practice, publication for notice and comment is not required under the Administrative Procedure Act (``APA'').\6\ It follows that the requirements of the Regulatory Flexibility Act \7\ do not apply. --------------------------------------------------------------------------- \6\ 5 U.S.C. 553(b)(A). \7\ 5 U.S.C. 601-612. --------------------------------------------------------------------------- The effective date for the updated Filer Manual and the rule amendments is January 17, 2018. In accordance with the APA,\8\ 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 17.4 is scheduled to become available on December 11, 2017. 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. --------------------------------------------------------------------------- \8\ 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,\9\ Sections 3, 12, 13, 14, 15, 23, and 35A of the Securities Exchange Act of 1934,\10\ Section 319 of the Trust Indenture Act of 1939,\11\ and Sections 8, 30, 31, and 38 of the Investment Company Act of 1940.\12\ --------------------------------------------------------------------------- \9\ 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a). \10\ 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll. \11\ 15 U.S.C. 77sss. \12\ 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. 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 29 (September 2017). The requirements for filing on EDGAR are set forth in the updated EDGAR Filer Manual, Volume II: ``EDGAR Filing,'' Version 44 (December 2017). 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 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. By the Commission. [[Page 2371]] Dated: December 8, 2017. Brent J. Fields, Secretary. [FR Doc. 2018-00625 Filed 1-16-18; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Rules and Regulations 2369
(b) Unsafe Condition contact Enstrom Helicopter Corporation, the EDGAR system.1 It also describes
This AD defines the unsafe condition as a 2209 22nd Street, Menominee, MI; telephone the requirements for filing using
crack in a spindle, which, if not detected, (906) 863–1200; fax (906) 863–6821; or at EDGARLink Online and the Online
could result in loss of a main rotor blade and www.enstromhelicopter.com. You may Forms/XML website.
subsequent loss of control of the helicopter. review a copy of the service information at
The revisions to the Filer Manual
the FAA, Office of the Regional Counsel,
(c) Affected ADs Southwest Region, 10101 Hillwood Pkwy., reflect changes within Volume II,
This AD supersedes AD 2015–08–51, Room 6N–321, Fort Worth, TX 76177. entitled EDGAR Filer Manual, Volume
Amendment 39–18160 (80 FR 28172, May 18, II: ‘‘EDGAR Filing,’’ Version 44
(i) Subject (December 2017). The updated manual
2015).
Joint Aircraft Service Component (JASC) will be incorporated by reference into
(d) Effective Date Code: 6220, Main Rotor Head. the Code of Federal Regulations.
This AD becomes effective February 21, Issued in Fort Worth, Texas, on January 8, The Filer Manual contains all the
2018. 2018. technical specifications for filers to
(e) Compliance James A. Grigg, submit filings using the EDGAR system.
You are responsible for performing each Acting Director, Compliance & Airworthiness Filers must comply with the applicable
action required by this AD within the Division, Aircraft Certification Service. provisions of the Filer Manual in order
specified compliance time unless it has [FR Doc. 2018–00659 Filed 1–16–18; 8:45 am]
to assure the timely acceptance and
already been accomplished prior to that time. processing of filings made in electronic
BILLING CODE 4910–13–P
(f) Required Actions
format.2 Filers may consult the Filer
Manual in conjunction with our rules
(1) Before further flight, remove from governing mandated electronic filing
service any spindle P/N 28–14282–11 or 28–
14282–13 that has 1,500 or more hours time- SECURITIES AND EXCHANGE when preparing documents for
in-service (TIS). If the hours TIS of a spindle COMMISSION electronic submission.3
is unknown, use the TIS of the helicopter. The EDGAR system will be upgraded
Thereafter, remove from service any spindle 17 CFR Part 232 to Release 17.4 on December 11, 2017
P/N 28–14282–11 or 28–14282–13 before and will introduce the changes
accumulating 1,500 hours TIS. referenced below.
(2) For each spindle with 500 or more [Release Nos. 33–10444; 34–82246; 39– EDGAR Release 17.4 will update
hours TIS, using the hours TIS of the 2519; IC–32938]
EDGAR to allow, but not require, asset-
helicopter if the hours TIS of the spindle is backed securities filers to submit a
unknown: Adoption of Updated EDGAR Filer
Manual combined Form 10–D and Form ABS–
(i) Before further flight, unless already
done within the last 500 hours TIS, conduct
EE. The combined submission would
a magnetic particle inspection (MPI) of the AGENCY: Securities and Exchange allow filers to concurrently submit and
spindle for a crack, paying particular Commission. create hyperlinks in Form 10–D to the
attention to the threaded portion of the ACTION: Final rule. Form ABS–EE exhibits incorporated by
spindle. The MPI of the spindle must be reference into the Form 10–D.4 The
conducted by a Level II or Level III inspector SUMMARY: The Securities and Exchange combined submission will be subject to
qualified in the MPI in the Aeronautics Commission (the ‘‘Commission’’) is a size limitation of 800MB, with 600MB
Sector according to the EN4179 or NAS410 adopting revisions to the Electronic Data for the Form ABS–EE submission and
standard or equivalent. If there is a crack in
Gathering, Analysis, and Retrieval 200MB for the Form 10–D submission.
the spindle, replace it with an airworthy
spindle before further flight. System (‘‘EDGAR’’) Filer Manual and Corresponding changes will be made to
(ii) Thereafter at intervals not to exceed related rules to reflect updates to the Chapter 5 (Constructing Attached
500 hours TIS, repeat the MPI specified in EDGAR system. The EDGAR system is Documents and Document Types) and
paragraph (f)(2)(i) of this AD. scheduled to be upgraded on December Chapter 7 (Preparing and Transmitting
(g) Alternative Methods of Compliance
11, 2017. EDGARLink Online Submissions) of the
(AMOCs) DATES: Effective January 17, 2018. The EDGAR Filer Manual, Volume II.
incorporation by reference of the EDGAR Release 17.4 will update
(1) The Manager, Chicago ACO Branch,
EDGAR Filer Manual is approved by the EDGAR to allow, but not require,
FAA, may approve AMOCs for this AD. Send
your proposal to: Manzoor Javed, Senior Director of the Federal Register as of national securities exchanges to submit
Aerospace Engineer, Chicago ACO Branch, January 17, 2018. a new certification form type on EDGAR
Compliance and Airworthiness Division, to evidence the approval of securities
FOR FURTHER INFORMATION CONTACT: In
FAA, 2300 East Devon Ave., Des Plaines, IL for listing on an exchange. EDGAR
the Division of Investment Management,
60018; telephone (847) 294–8112; email Release 17.4 will introduce submission
manzoor.javed@faa.gov. for questions concerning Form N–
(2) For operations conducted under a 14 LIQUID and additional data submission 1 We originally adopted the Filer Manual on April
CFR part 119 operating certificate or under protocols for Form N–CEN, contact 1, 1993, with an effective date of April 26, 1993.
14 CFR part 91, subpart K, we suggest that Heather Fernandez at (202) 551–6708; Release No. 33–6986 (April 1, 1993) [58 FR 18638].
you notify your principal inspector, or and in the Division of Corporation We implemented the most recent update to the Filer
lacking a principal inspector, the manager of Finance, for questions concerning the Manual on September 13, 2017. See Release No. 33–
the local flight standards district office or 10413 (September 13, 2017) [82 FR 45434].
combined Form 10–D/ABS–EE 2 See Rule 301 of Regulation S–T (17 CFR
certificate holding district office, before
submission protocols or the new CERT 232.301).
operating any aircraft complying with this
AD through an AMOC. submission form type, contact Heather 3 See Release No. 33–10385 (July 6, 2017) [82 FR
Macintosh at (202) 551–8111. 35062] (implementing revisions to reflect EDGAR
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(h) Additional Information Release 17.2. For additional history of EDGAR Filer
SUPPLEMENTARY INFORMATION: We are Manual revisions, please see the citations therein).
Enstrom Service Directive Bulletin Nos. adopting an updated EDGAR Filer 4 The Commission previously adopted
0119 and T–050, both Revision 3 and both Manual, Volume II. The Filer Manual amendments requiring registrants to include a
dated June 24, 2016, which are not hyperlink to each exhibit listed in the exhibit index
incorporated by reference, contain additional describes the technical formatting
of certain filings, including filings on Form 10–D.
information about the subject of this AD. For requirements for the preparation and See Release Nos. 33–10322, 34–80132 (March 1,
service information identified in this AD, submission of electronic filings through 2017) [82 FR 14130 (March 17, 2017)].
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![2370 Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Rules and Regulations
form type CERT, a new EDGARLink incorporation by reference into the Code Federal Regulations is amended as
Online submission form type. of Federal Regulations of today’s follows:
Instructions for making submissions of revisions. This incorporation by
form type CERT will be added to reference was approved by the Director PART 232—REGULATION S–T—
Chapter 5 (Constructing Attached of the Federal Register in accordance GENERAL RULES AND REGULATIONS
Documents and Document Types) and with 5 U.S.C. 552(a) and 1 CFR part 51. FOR ELECTRONIC FILINGS
Chapter 7 (Preparing and Transmitting The updated EDGAR Filer Manual
EDGARLink Online Submissions) of the will be available for website viewing ■ 1. The authority citation for part 232
EDGAR Filer Manual, Volume II. and printing; the address for the Filer continues to read in part as follows:
In Release No. 33–10233 (October 13, Manual is https://www.sec.gov/info/
edgar/edmanuals.htm. You may also Authority: 15 U.S.C. 77c, 77f, 77g, 77h,
2016) [81 FR 82142], the Commission
obtain paper copies of the EDGAR Filer 77j, 77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m,
adopted changes to the reporting
78n, 78o(d), 78w(a), 78ll, 80a–6(c), 80a–8,
requirements for open-end management Manual from the following address:
80a–29, 80a–30, 80a–37, and 7201 et seq.;
investment companies. Among the Public Reference Room, U.S. Securities
and 18 U.S.C. 1350, unless otherwise noted.
changes was the adoption of new Form and Exchange Commission, 100 F Street
N–LIQUID, which requires all registered NE, Washington, DC 20549, on official * * * * *
open-end funds (except money market business days between the hours of 10 ■ 2. Section 232.301 is revised to read
funds) to confidentially notify the a.m. and 3 p.m. as follows:
Commission when certain events related Since the Filer Manual and the
to their liquidity occur. EDGAR Release corresponding rule changes relate solely § 232.301 EDGAR Filer Manual.
17.4 will update EDGAR to provide a to agency procedures or practice,
publication for notice and comment is Filers must prepare electronic filings
means of submitting information
not required under the Administrative in the manner prescribed by the EDGAR
regarding liquidity events using the
Procedure Act (‘‘APA’’).6 It follows that Filer Manual, promulgated by the
following form types:
• Current Report Open-End the requirements of the Regulatory Commission, which sets forth the
Management Investment Company Flexibility Act 7 do not apply. technical formatting requirements for
Liquidity on Form N–LIQUID (N– The effective date for the updated electronic submissions. The
LIQUID); and Filer Manual and the rule amendments requirements for becoming an EDGAR
• Amended Current Report Open-End is January 17, 2018. In accordance with Filer and updating company data are set
Management Investment Company the APA,8 we find that there is good forth in the updated EDGAR Filer
Liquidity Form N–LIQUID (N–LIQUID/ cause to establish an effective date less Manual, Volume I: ‘‘General
A). than 30 days after publication of these Information,’’ Version 29 (September
Changes will be made to Chapter 3 rules. The EDGAR system upgrade to 2017). The requirements for filing on
(Index to Forms) and Chapter 7 Release 17.4 is scheduled to become EDGAR are set forth in the updated
(Preparing and Transmitting Online available on December 11, 2017. The EDGAR Filer Manual, Volume II:
Submissions) of the EDGAR Filer Commission believes that establishing ‘‘EDGAR Filing,’’ Version 44 (December
Manual, Volume II. an effective date less than 30 days after 2017). Additional provisions applicable
In Release No. 33–10231 the publication of these rules is necessary to to Form N–SAR filers are set forth in the
Commission also adopted Form N–CEN, coordinate the effectiveness of the EDGAR Filer Manual, Volume III: ‘‘N–
which will require investment updated Filer Manual with these system SAR Supplement,’’ Version 6 (January
companies, other than face amount upgrades. 2017). All of these provisions have been
certificate companies, to provide an incorporated by reference into the Code
Statutory Basis of Federal Regulations, which action
annual report of census-type
information in a structured format. We are adopting the amendments to was approved by the Director of the
EDGAR Release 17.3 added Form N– Regulation S–T under Sections 6, 7, 8, Federal Register in accordance with 5
CEN and its related submission form 10, and 19(a) of the Securities Act of U.S.C. 552(a) and 1 CFR part 51. You
types to EDGAR.5 As part of EDGAR 1933,9 Sections 3, 12, 13, 14, 15, 23, and must comply with these requirements in
Release 17.4, Chapter 7 (Preparing and 35A of the Securities Exchange Act of order for documents to be timely
Transmitting Online Submissions) of 1934,10 Section 319 of the Trust received and accepted. The EDGAR
the EDGAR Filer Manual, Volume II will Indenture Act of 1939,11 and Sections 8, Filer Manual is available for website
be revised to provide clarifying 30, 31, and 38 of the Investment viewing and printing; the address for
instructions for filers on how to submit Company Act of 1940.12 the Filer Manual is https://www.sec.gov/
an amended Form N–CEN that contains List of Subjects in 17 CFR Part 232 info/edgar/edmanuals.htm. You can
data from a previously accepted filing obtain paper copies of the EDGAR Filer
on Form N–CEN or N–CEN/A covering Incorporation by reference, Reporting Manual from the following address:
the same period-end. and recordkeeping requirements,
Public Reference Room, U.S. Securities
Finally, clarifying changes to the Securities.
and Exchange Commission, 100 F Street
instructions for preparing documents Text of the Amendment NE, Washington, DC 20549, on official
that contain interactive data will be business days between the hours of
In accordance with the foregoing,
made to Chapter 5 (Constructing 10:00 a.m. and 3:00 p.m. You can also
Title 17, Chapter II of the Code of
Attached Documents and Document inspect the document at the National
Types) and Chapter 6 (Interactive Data) 65 Archives and Records Administration
U.S.C. 553(b)(A).
ethrower on DSK3G9T082PROD with RULES
of the EDGAR Filer Manual, Volume II. 75 U.S.C. 601–612. (NARA). For information on the
Along with the adoption of the Filer 8 5 U.S.C. 553(d)(3). availability of this material at NARA,
Manual, we are amending Rule 301 of 9 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
call 202–741–6030, or go to: https://
Regulation S–T to provide for the 10 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and
www.archives.gov/federal-register/cfr/
78ll.
5 See Release No. 33–10413 (adopting updates to 11 15 U.S.C. 77sss.
ibr-locations.html.
reflect EDGAR Release 17.3). 12 15 U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37. By the Commission.
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![Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Rules and Regulations 2371
Dated: December 8, 2017. the mandatory deposit provision should first place. AAP concedes that the rule
Brent J. Fields, the Library need it. should have that result. AAP Comments
Secretary. As part of these changes, the rule also at 2. In part, a primary goal of the rule
[FR Doc. 2018–00625 Filed 1–16–18; 8:45 am] clarifies the deposit requirements for is to lessen the burden for publishers.
BILLING CODE 8011–01–P
musical compositions published both in Accordingly, the Office chooses to move
print and phonorecord formats, forward with the rule as is and
requiring the submission of the print anticipates that AAP’s members will
version for purposes of copyright benefit significantly from the rule.
LIBRARY OF CONGRESS registration. If, however, the musical The National Music Publishers’
composition is published only as a Association (‘‘NMPA’’) filed a comment
Copyright Office phonorecord, the applicant should in support of the rule, subject to certain
submit a copy of the phonorecord. clarifications pertaining to the deposit
37 CFR Part 202 All of these changes will improve the of musical compositions. Specifically,
efficiency of registration and mandatory NMPA wanted to clarify that ‘‘where
[Docket No. 2017–9]
deposit for both the Office and musical works are originally published
Simplifying Deposit Requirements for copyright owners alike, ensuring that solely as phonorecords, and such
Certain Literary Works and Musical the Office has an adequate registration musical works are properly deposited
Compositions record and continuing to make these and registered in accordance with the
works available to the Library of statutory and regulatory directives . . .
AGENCY: U.S. Copyright Office, Library Congress when needed for use in its that the later publication of the same
of Congress. collections or other disposition. musical work in the form of a ‘copy’
ACTION: Final rule. The NPRM explained in detail the does not create an additional burden to
rationale for the rule changes.1 The subsequently deposit and register the
SUMMARY: The United States Copyright Office solicited and received five work in ‘copy’ form.’’ NMPA Comments
Office is issuing a final rule, amending comments, only two of which were at 2. The Office confirms that a later
regulations that govern the deposit substantive. Having reviewed and publication in the form of a ‘‘copy’’ does
requirements for certain types of literary carefully considered the comments, the not create an additional deposit
works and musical compositions. The Copyright Office now issues a final rule requirement.
final rule is adopted as proposed in the identical to the proposed rule. While the As NMPA correctly points out, the
notice of proposed rulemaking, though Office does not believe the comments Copyright Act defines ‘‘best edition’’ as
the Office provides some clarification require any alteration to the rule itself, ‘‘the edition, published in the United
regarding the rule’s application. it does believe that some clarification States at any time before the date of
DATES: Effective February 16, 2018. would be helpful to both the deposit, that the Library of Congress
commenters and copyright owners, and
FOR FURTHER INFORMATION CONTACT: determines to be most suitable for its
is provided here.
Sarang V. Damle, General Counsel and purposes.’’ 17 U.S.C. 101 (emphasis
The Association of American
Associate Register of Copyrights, by Publishers (‘‘AAP’’) filed a comment added); NMPA Comments at 4. NMPA
email at sdam@loc.gov; Robert J. regarding the proposed rule as it relates believes, and the Office agrees, that this
Kasunic, Associate Register of to the deposit of literary monographs. definition limits a ‘‘best edition’’ to
Copyrights and Director of Registration While the comment appreciates that the published works at the time of deposit—
Policy and Practice, by email at rkas@ rule ‘‘could reduce the financial that is, at the time the deposit for
loc.gov; Erik Bertin, Deputy Director of burdens of publishers with respect to copyright registration or mandatory
Registration Policy and Practice, by deposit regulations,’’ it nevertheless deposit is made. NMPA Comments at 4–
email at ebertin@loc.gov; or Cindy does not support the rule because it 5. Therefore, if only a phonorecord is
Abramson, Assistant General Counsel, takes issue with the Library’s published at the time of deposit, a
by email at ciab@loc.gov. All can be disposition of surplus works. AAP subsequently published ‘‘copy’’ would
reached by telephone by calling 202– Comments at 2. not be a ‘‘best edition’’ and not be
707–8040. AAP appears to believe that there is required for deposit.
SUPPLEMENTARY INFORMATION: On August no authority in the Copyright Act for the NMPA proposes language to the rule
16, 2017, the Copyright Office published Library’s disposition of surplus works to clarify any confusion regarding
a notice of proposed rulemaking and that the only authority comes from subsequent publication of ‘‘copies.’’ The
(‘‘NPRM’’) to amend the regulations the Library’s own regulations. AAP Office believes that the rule in its
governing the deposit requirements for Comments at 6–7. But as discussed in current form along with the current
certain types of literary works the NPRM, section 704 of the Copyright definition of ‘‘best edition’’ is sufficient
(specifically, literary monographs) and Act explicitly states that ‘‘[i]n the case and no changes need to be made to the
musical compositions that are published of published works, all copies, rule.
in print formats. phonorecords, and identifying material List of Subjects in 37 CFR Part 202
Under the previous regulations, two deposited are available to the Library of
copies of the best edition were generally Copyright, Preregistration and
Congress for its collections, or for
needed to register these types of works registration of claims to copyright.
exchange or transfer to any other
and to comply with the mandatory library.’’ 17 U.S.C. 704(b) (emphasis Final Regulations
deposit requirement. Under the new added). Furthermore, AAP’s concern For the reasons set forth in the
rule, copyright owners will be able to
ethrower on DSK3G9T082PROD with RULES
about the Library’s disposition of preamble, the Copyright Office amends
satisfy both registration deposit and surplus books would be diminished by 37 CFR part 202 as follows:
mandatory deposit requirements by adoption of the rule, which limits the
submitting one copy of the best edition volume of works (and thereby any PART 202—GENERAL PROVISIONS
of the work. In the case of literary surplus) coming in to the Library in the
monographs, the Office will retain the ■ 1. The authority citation for part 202
right to demand a second copy under 1 82 FR 38859 (Aug. 16, 2017). continues to read as follows:
VerDate Sep<11>2014 14:56 Jan 16, 2018 Jkt 244001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\17JAR1.SGM 17JAR1](https://thefederalregister.org/doc/83_FR_2380/page/3.svg)
Document Created: 2018-10-26 09:56:21
Document Modified: 2018-10-26 09:56:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective January 17, 2018. The incorporation by reference of the EDGAR Filer Manual is approved by the Director of the Federal Register as of January 17, 2018. | |
| Contact | In the Division of Investment Management, for questions concerning Form N-LIQUID and additional data submission protocols for Form N-CEN, contact Heather Fernandez at (202) 551-6708; and in the Division of Corporation Finance, for questions concerning the combined Form 10-D/ABS-EE submission protocols or the new CERT submission form type, contact Heather Macintosh at (202) 551- 8111. | |
| FR Citation | 83 FR 2369 | |
| CFR Associated | Incorporation by Reference; Reporting and Recordkeeping Requirements and Securities |
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