[Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)]
[Rules and Regulations]
[Pages 29616-29618]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11921]


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

SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 232

[Release Nos. 33-9403; 34-69568; 39-2490; IC-30515]


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 revisions are being made primarily to 
implement the new Form 13F online application and to support US GAAP 
2013 Taxonomy. The EDGAR system is scheduled to be upgraded to support 
this functionality on May 20, 2013.

DATES: Effective May 21, 2013. The incorporation by reference of the 
EDGAR Filer Manual is approved by the Director of the Federal Register 
as of May 21, 2013.

FOR FURTHER INFORMATION CONTACT: In the Division of Investment 
Management, for questions concerning Form 13F contact Judith Gechter at 
(202) 551-6860; in the Division of Risk, Strategy, and Financial 
Innovation for questions concerning XBRL Taxonomies contact Matthew 
Carruth at (202) 551-2033; and in the Office of Information Technology, 
contact Vanessa Anderson at (202) 551-8800.

SUPPLEMENTARY INFORMATION: We are adopting an updated EDGAR Filer 
Manual, Volume I, Volume II, and Volume III. The Filer Manual describes 
the technical formatting requirements for the preparation and 
submission of electronic filings through the EDGAR system.\1\ It also 
describes the requirements for filing using EDGARLink Online and the 
Online Forms/XML Web site.
---------------------------------------------------------------------------

    \1\ We originally adopted the Filer Manual on April 1, 1993, 
with an effective date of April 26, 1993. Release No. 33-6986 (April 
1, 1993) [58 FR 18638]. We implemented the most recent update to the 
Filer Manual on January 14, 2013. See Release No. 33-9382 (January 
23, 2013) [77 FR 54806].
---------------------------------------------------------------------------

    The revisions to the Filer Manual reflect changes within Volume I 
entitled EDGAR Filer Manual, Volume I: ``General Information,'' Version 
15 (May 2013), Volume II entitled EDGAR Filer Manual, Volume II: 
``EDGAR Filing,'' Version 23 (May 2013), and Volume III

[[Page 29617]]

entitled EDGAR Filer Manual Volume III: ``N-SAR Supplement'' Version 2 
(August 2011).\2\ The updated manual will be incorporated by reference 
into the Code of Federal Regulations.
---------------------------------------------------------------------------

    \2\ EDGAR Filer Manual Volume III: ``N-SAR Supplement'' Version 
2 (August 2011) was previously removed in preparation of conversion 
of the DOS based Form N-SAR application to an online application. 
See Release No 33-9303. The Commission is no longer pursuing this 
conversion as comprehensive enhancements to the form are being 
considered.
---------------------------------------------------------------------------

    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.\3\ Filers may consult the Filer Manual in conjunction with our 
rules governing mandated electronic filing when preparing documents for 
electronic submission.\4\
---------------------------------------------------------------------------

    \3\ See Rule 301 of Regulation S-T (17 CFR 232.301).
    \4\ See Release No. 33-9382 (January 23, 2013) [78 FR 4766] in 
which we implemented EDGAR Release 13.0. For additional history of 
Filer Manual rules, please see the cites therein.
---------------------------------------------------------------------------

    The EDGAR system will be upgraded to Release 13.1 on May 20, 2013 
and will introduce the following changes: EDGAR will be updated to 
implement the new Form 13F online application. Form 13F will no longer 
be available on the EDGARLink Online application. Form 13F may only be 
filed using the new online version of the form available on the EDGAR 
Filing Web site or constructed by filers according to the new `EDGAR 
Form 13F XML Technical Specification' document. The submission form 
types 13F-HR, 13-HR/A, 13F-NT, and 13-NT/A will be accessible by 
selecting the `File Form 13F' link on the EDGAR Filing Web site.
    Instructions to file the online version of Form 13F are included in 
two new sections of Chapter 9 (Preparing and Transmitting Online 
Submissions) of the ``EDGAR Filer Manual, Volume II: EDGAR Filing'' to 
guide filers through the filing process. These sections will replace 
Appendix G, Form 13F Special Electronic Filing Instructions.
    EDGAR will be upgraded to support the US GAAP 2013 Taxonomy. In 
addition EDGAR will no longer provide support for the US GAAP 2011 
Taxonomy. Please see a complete listing of supported standard 
taxonomies on the Commission's public Web site (http://www.sec.gov/info/edgar/edgartaxonomies.shtml).
    The Commission is no longer pursuing its existing project to modify 
the method of filing Form N-SAR from a DOS-based application to an 
online (XML) application. The draft Form N-SAR XML Technical 
Specification document will be removed from the Web site and the 
references to the new application will be removed from the EDGAR Filer 
Manual. Filers should continue to use the DOS-based application to 
create Form N-SAR submissions and the EDGAR Filer Manual, Volume III: 
``N-SAR Supplement'' as comprehensive enhancements to the form are 
being considered. Please see ``Notice to EDGAR Form N-SAR Filers'' 
posted on the Commission's public Web site's ``Information for EDGAR 
Filers'' page (http://www.sec.gov/info/edgar.shtml) for additional 
information.
    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.
    You may obtain paper copies of the updated Filer Manual at the 
following address: Public Reference Room, U.S. Securities and Exchange 
Commission, 100 F Street NE., Room 1543, Washington DC 20549, on 
official business days between the hours of 10:00 a.m. and 3:00 p.m. We 
will post electronic format copies on the Commission's Web site; the 
address for the Filer Manual is http://www.sec.gov/info/edgar.shtml.
    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).\5\ It follows that the requirements of the Regulatory 
Flexibility Act \6\ do not apply.
---------------------------------------------------------------------------

    \5\ 5 U.S.C. 553(b).
    \6\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

    The effective date for the updated Filer Manual and the rule 
amendments is May 21, 2013. In accordance with the APA,\7\ 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 
13.1 is scheduled to become available on May 20, 2013. 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 the system upgrade.
---------------------------------------------------------------------------

    \7\ 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,\8\ Sections 3, 12, 
13, 14, 15, 23, and 35A of the Securities Exchange Act of 1934,\9\ 
Section 319 of the Trust Indenture Act of 1939,\10\ and Sections 8, 30, 
31, and 38 of the Investment Company Act of 1940.\11\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
    \9\ 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll.
    \10\ 15 U.S.C. 77sss.
    \11\ 15 U.S.C. 80a-8, 80a-29, 80a-30, and 80a-37.
---------------------------------------------------------------------------

List of Subjects in 17 CFR Part 232

    Incorporation by reference, Reporting and recordkeeping 
requirements, Securities.

Text of the Amendment

    In accordance with the foregoing, Title 17, Chapter II of the Code 
of Federal Regulations is amended as follows:

PART 232--REGULATION S-T--GENERAL RULES AND REGULATIONS FOR 
ELECTRONIC FILINGS

0
1. The authority citation for part 232 continues to read in part as 
follows:

    Authority:  15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 77z-3, 
77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-6(c), 
80a-8, 80a-29, 80a-30, 80a-37, and 7201 et seq.; and 18 U.S.C. 1350.
* * * * *

0
2. Section 232.301 is revised to read as follows:


Sec.  232.301  EDGAR Filer Manual.

    Filers must prepare electronic filings in the manner prescribed by 
the EDGAR Filer Manual, promulgated by the Commission, which sets out 
the technical formatting requirements for electronic submissions. The 
requirements for becoming an EDGAR Filer and updating company data are 
set forth in the updated EDGAR Filer Manual, Volume I: ``General 
Information,'' Version 15 (May 2013). The requirements for filing on 
EDGAR are set forth in the updated EDGAR Filer Manual, Volume II: 
``EDGAR Filing,'' Version 23 (May 2013). Additional provisions 
applicable to Form N-SAR filers are set forth in the EDGAR Filer 
Manual, Volume III: ``N-SAR Supplement,'' Version 2 (August 2011). 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. You can obtain paper copies of the 
EDGAR Filer Manual from the following address:

[[Page 29618]]

Public Reference Room, U.S. Securities and Exchange Commission, 100 F 
Street NE., Room 1543, Washington, DC 20549, on official business days 
between the hours of 10:00 a.m. and 3:00 p.m. Electronic copies are 
available on the Commission's Web site. The address for the Filer 
Manual is http://www.sec.gov/info/edgar.shtml. You can also inspect the 
document at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    By the Commission.

    Dated: May 14, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-11921 Filed 5-20-13; 8:45 am]
BILLING CODE 8011-01-P