1514 Federal Register / Vol. 76, No. 7 / Tuesday, January 11, 2011 / Rules and Regulations 

1We 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 15, 2010. See Release No. 33– 

9140 (September 9, 2010) [75 FR 55965]. 

2This is the filer assistance software we provide 

filers filing on the EDGAR system. 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

amending Class E airspace for the 

Horseshoe Bay, TX area. 

Decommissioning of the Horseshoe Bay 

Resort NDB and cancellation of the NDB 

approach at Horseshoe Bay Resort 

Airport has made this action necessary 

for the safety and management of IFR 

operations at the airport. This action 

also reflects the name change of the 

airport from Horseshoe Bay Airpark to 

Horseshoe Bay Resort Airport. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in subtitle VII, part A, subpart 

I, section 40103. Under that section, the 

FAA is charged with prescribing 

regulations to assign the use of airspace 

necessary to ensure the safety of aircraft 

and the efficient use of airspace. This 

regulation is within the scope of that 

authority as it amends controlled 

airspace at Horseshoe Bay Resort 

Airport, Horseshoe Bay, TX. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010 is 

amended as follows: 

* * * * * 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

ASW TX E5 Austin, Horseshoe Bay Resort 

Airport, TX [Amended] 

Horseshoe Bay Resort Airport, TX 

(Lat. 30°31′37′′ N., long. 98°21′32′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Horseshoe Bay Resort Airport. 

Issued in Fort Worth, Texas, on December 

21, 2010. 

Roger M. Trevino, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2011–205 Filed 1–10–11; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 232 

[Release Nos. 33–9169; 34–63646, 39–2473, 

IC–29547] 

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 to reflect 

updates to the EDGAR system. The 

revisions are being made primarily to 

implement the new EDGARLink Online 

Application which will allow filers to 

submit EDGARLink submission form 

types online without the use of the 

offline EDGARLink Tool, to support the 

electronic filing of submission form 

types ABS 15G, ABS 15G/A, a new 

Form 8–K Item 6.10, and to support 

minor changes in XBRL validations for 

filings containing Exhibit 101 

attachments. The EDGAR system is 

scheduled to be upgraded to support 

this functionality on December 13, 2010. 

The filer manual is also being revised 

to address changes previously made in 

EDGAR to support the electronic filing 

of new submission form types SC 14N, 

SC 14N/A, SC 14N–S, SC 14N–S/A, and 

the new Form 8–K Item 5.08. 

The revisions to the Filer Manual 

reflect changes within Volume I entitled 

EDGAR Filer Manual, Volume I: 

‘‘General Information,’’ Version 9 

(December 2010) and Volume II entitled 

EDGAR Filer Manual, Volume II: 

‘‘EDGAR Filing,’’ Version 16 (December 

2010). The updated manual will be 

incorporated by reference into the Code 

of Federal Regulations. 

DATES: January 11, 2011. The 

incorporation by reference of the 

EDGAR Filer Manual is approved by the 

Director of the Federal Register as of 

January 11, 2011. 

FOR FURTHER INFORMATION CONTACT: In 

the Division of Corporation Finance, for 

questions concerning submission form 

types ABS 15G, ABS 15G/A, SC 14N, SC 

14N/A, SC 14N–S, SC 14N–S/A, Form 

8–K Item 5.08 and Item 6.10 contact 

Cecile Peters, Chief, Office of 

Information Technology, at (202) 551– 

3600; in the Office of Interactive 

Disclosure for questions concerning 

XBRL validation requirements contact 

Jeffrey Naumann, Assistant Director of 

the Office of Interactive Disclosure, at 

(202) 551–5352; and in the Office of 

Information Technology, contact Rick 

Heroux, at (202) 551–8800. 

SUPPLEMENTARY INFORMATION: We are 

adopting an updated EDGAR Filer 

Manual, Volume I and 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 2, EDGARLink Online, and 

the Online Forms/XML Web site. 

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 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 7 / Tuesday, January 11, 2011 / Rules and Regulations 1515 

3See Rule 301 of Regulation S–T (17 CFR 

232.301). 

4See Release No. 33–9140 (September 9, 2010) 

[75 FR 55965] in which we implemented EDGAR 

Release 10.3. For a additional history of Filer 

Manual rules, please see the cites therein. 

5See Proposing Release No. 33–9148, Disclosure 

for Asset-Backed Securities Required by Section 

943 of the Dodd-Frank Wall Street Reform and 

Consumer Protection Act. 

6 5 U.S.C. 553(b). 

7 5 U.S.C. 601–612. 

8 5 U.S.C. 553(d)(3). 

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. 

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

The EDGAR system will be upgraded 

to Release 10.4 on December 13, 2010 

and will introduce a new EDGARLink 

Online Application (EDGARLink 

Online) to allow filers to submit 

EDGARLink submission form types 

online, without the use of the offline 

EDGARLink Tool. EDGARLink Online 

can be accessed from the EDGAR Filing 

Web site (https:// 

www.edgarfiling.sec.gov), by selecting 

the ‘‘EDGARLink Online Submissions’’ 

or by clicking the ‘‘Are you an 

EDGARLink filer or would you like to 

create a new Asset-Backed Securities 

Issuing Entity?’’ link from the EDGAR 

Portal Web site (http:// 

www.portal.edgarfiling.sec.gov). The 

existing offline EDGARLink Tool and 

the associated Templates 1–6 will 

continue to be available. A new chapter, 

‘‘Preparing and Transmitting 

EDGARLink Online Submissions’’, has 

been added to Volume II of the EDGAR 

Filer Manual to guide filers through the 

filing process using the new tool. 

Submission type ABS 15G 5 and its 

amendment will be available on 

EDGARLink Online only. 

A new 8–K Item 6.10 (Alternative 

Filings of Asset-Backed Issuers) will be 

available on EDGARLink Submission 

Template #3 and EDGARLink Online for 

submission form types 8–K and 8–K/A. 

Item 6.10 requires a PDF attachment to 

be included as Exhibit 99. 

In addition, the validation rules 

processed for filings containing EX– 

101.INS XBRL documents will be 

changed to remove restrictions to allow 

domain items to be abstract and to allow 

footnoteArc elements to omit the order 

attribute. The validations were relaxed 

for EX–101.INS XBRL documents to 

allow a Discoverable Taxonomy Set 

(DTS) that has type declarations in any 

standard international or US 

namespace, to allow internationally 

recommended type and role 

declarations to be used in its DTS, and 

for documents whose DTS has arc role 

declarations to allow the 

link:footnoteArc element to have an 

arcrole that is either standard or is 

declared in a standard taxonomy 

schema. Additional validations were 

added for EX–101.INS XBRL documents 

to require a DTS that has type 

declarations in any standard 

international or US namespace to 

enforce restrictions on combinations of 

numeric data types and unit of measure 

declarations according to internationally 

recommended and US-specific data 

types registry. 

The filer manual is also being revised 

to address a changes made previously in 

EDGAR to support new submission form 

types SC 14N, SC 14N–S and their 

amendments on both the offline 

EDGARLink Template #2 and 

EDGARLink Online and a new item in 

Form 8–K Item 5.08 (Shareholder 

Director Nominations) on both the 

offline EDGARLink Template #3 and 

EDGARLink Online for submission form 

types 8–K, 8–K12B, 8–K12G3, 8–K15D5 

and their amendments. However, the 

use of the SC 14N, SC 14N–S and Form 

8–K Item 5.08 is delayed until further 

notice. See Order Rel. No. 33–9149 

(Order Granting Stay) and Rel. No. 33– 

9151 (Notice of stay of effective and 

compliance dates) for more information. 

Along with 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 

a.m. and 3 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 relates 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 Act7 do not apply. 

The effective date for the updated 

Filer Manual and the rule amendments 

is January 11, 2011. 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 10.4 is scheduled to become 

available on December 13, 2010. 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. 

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

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 

■ 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. 

* * * * * 

■ 2. Section 232.301 is revised to read 

as follows: 

§ 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 9 (December 

2010). The requirements for filing on 

EDGAR are set forth in the updated 

EDGAR Filer Manual, Volume II: 

‘‘EDGAR Filing,’’ Version 16 (December 


emcdonald on DSK2BSOYB1PROD with RULES
1516 Federal Register / Vol. 76, No. 7 / Tuesday, January 11, 2011 / Rules and Regulations 

2010). Additional provisions applicable 

to Form N–SAR filers are set forth in the 

EDGAR Filer Manual, Volume III: ‘‘N– 

SAR Supplement,’’ Version 1 

(September 2005). 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: 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 a.m and 3 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: January 5, 2011. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2011–378 Filed 1–10–11; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF JUSTICE 

Bureau of Prisons 

28 CFR Part 570 

[BOP Docket No. 1144–F] 

RIN 1120–AB44 

Inmate Furloughs 

AGENCY: Bureau of Prisons, Justice. 

ACTION: Final rule. 

SUMMARY: In this document, the Bureau 

of Prisons (Bureau) revises its federal 

regulations on the inmate furlough 

program primarily to more clearly 

provide for and define transfer 

furloughs. Also, under this rule, the 

Bureau is expanding the authority of its 

Wardens to consider all inmates 

potentially eligible for non-transfer 

furloughs, as opposed to the current 

rule, which limits consideration to 

inmates with community custody status. 

DATES: This rule is effective on February 

10, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Qureshi, Office of General 

Counsel, Bureau of Prisons, phone (202) 

307–2105. 

SUPPLEMENTARY INFORMATION: The 

Bureau revises its federal regulations on 

the inmate furlough program primarily 

to more clearly provide for and define 

transfer furloughs. Through this change, 

we also seek to reorganize and clarify 

the rules, while eliminating language 

that constitutes agency guidance to staff. 

Any such guidance language will be 

retained in the relevant Bureau policy. 

Also, under this rule, the Bureau is 

expanding the authority of its Wardens 

to consider all inmates potentially 

eligible for non-transfer furloughs, as 

opposed to the current rule, which 

limits consideration to inmates with 

community custody status. 

A proposed rule on this subject was 

published on December 6, 2006 (71 FR 

70696). We received three comments, 

which we respond to below. 

Payment for Urinalysis, Breathalyzer, 

and Other Comparable Tests Upon 

Return From Furlough 

Section 570.38(b)(4) of the proposed 

rule stated that a furlough will only be 

approved if an inmate agrees to certain 

conditions, including the condition that 

the inmate may ‘‘be thoroughly searched 

and given a urinalysis, breathalyzer, and 

other comparable test, during the 

furlough or upon return to the 

institution, and must prepay the cost of 

such test(s) if the inmate or family 

members are paying the other costs of 

the furlough.’’ Further, this regulation 

provides that the inmate ‘‘must preauthorize all testing fee(s) to be 

withdrawn directly from his/her inmate 

deposit fund account.’’ 

One commenter questioned the 

payment process described in § 570.38. 

The commenter suggested that the 

inmate should pay for all potential 

testing before he/she be ‘‘allowed to 

leave.’’ This is not practical. Depending 

on Bureau resources, the inmate’s 

particular situation, and the particular 

circumstances surrounding the 

furlough, it is possible that the inmate 

will not undergo all of the available 

testing upon the inmate’s return from 

furlough. It is therefore unnecessary and 

impractical to require an inmate to prepay the costs of tests that he/she may 

not be required to undergo. 

The commenter then suggested that 

‘‘charging an inmate that is on an 

emergency non-transferral furlough is 

not reasonable before they be allowed to 

leave. Postponing their payment until 

they return seems to be more 

reasonable.’’ The Bureau agrees with this 

statement, which is why the regulation 

requires not that inmates pre-pay, but 

only that the inmate sign a form preauthorizing payment for testing that will 

be conducted upon the inmate’s return. 

For clarity, we have modified that 

part of the regulation to state that the 

inmate ‘‘must pre-authorize the cost of 

such test(s) if the inmate or family 

members are paying the other costs of 

the furlough.’’ 

Conditions Under Which a Furlough 

May Be Granted 

One commenter stated that the rule 

‘‘does not make clear that inmates in 

Low, Medium, or High security 

institutions are categorically ineligible 

for emergency or other non-transfer 

furloughs.’’ 

However, according to the regulation 

as proposed, ‘‘inmates in Low, Medium, 

or High security institutions’’ are not 

‘‘categorically ineligible for emergency 

or other non-transfer furloughs,’’ but 

instead will be considered on a case-bycase basis, in accordance with these 

regulations and in the Warden’s 

discretion. 

§ 570.36 specifies the conditions 

under which a non-transfer furlough 

may be granted. This section contains a 

chart which clarifies the eligibility 

requirements for non-transfer furloughs 

and describes the types of non-transfer 

furloughs an inmate may be eligible for, 

based on the inmate’s length of 

confinement or time remaining on the 

inmate’s sentence. The chart has been 

revised in the final rule for greater 

clarity and accuracy. This section also 

describes circumstances under which 

Wardens will ordinarily deny nontransfer furloughs. 

Under this rule, the Bureau is 

expanding the authority of its Wardens 

to consider all inmates potentially 

eligible for non-transfer furloughs, as 

opposed to the current rule, which 

limits consideration to inmates with 

community custody status. Community 

custody, the lowest custody level 

assigned to an inmate, affords the lowest 

level of security and staff supervision. 

The Bureau believes this change is 

justified by the potential prisoner reentry and rehabilitative benefits to be 

afforded by a non-transfer furlough. 

Further, any resulting public safety 

concerns are adequately addressed by 

the limitations contained within 

§§ 570.35(b) and 570.36. 

Further, § 570.31 describes inmate 

eligibility for furloughs, and states that 

sentenced inmates housed in Bureau 

facilities, pretrial inmates housed in 

Bureau facilities, and sentenced inmates 

housed in Bureau facilities and 

classified as central inmate monitoring 

cases may be eligible for furloughs. 


emcdonald on DSK2BSOYB1PROD with RULES