Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations 3123

1We originally adopted the Filer Manual on April

1, 1993, with an effective date of April 26, 1993.

Release No. 33–6986 (Apr. 1, 1993) [58 FR 18638].

We implemented the most recent update to the Filer

Manual on October 18, 1999. See Release No. 33–

7752 (October 20, 1999) [64 FR 56430]. 2See Rule 301 of Regulation S–T (17 CFR

232.301). 3See Release Nos. 33–6977 (Feb. 23, 1993) [58 FR

14628], IC–19284 (Feb. 23, 1993) [58 FR 14848], 35–

25746 (Feb. 23, 1993) [58 FR 14999], and 33–6980

(Feb. 23, 1993) [58 FR 15009] in which we

comprehensively discuss the rules we adopted to

govern mandated electronic filing. See also Release

No. 33–7122 (Dec. 19, 1994) [59 FR 67752], in

which we made the EDGAR rules final and

applicable to all domestic registrants; Release No.

33–7427 (July 1, 1997) [62 FR 36450], in which we

adopted minor amendments to the EDGAR rules;

Release No. 33–7472 (Oct. 24, 1997) [62 FR 58647],

in which we announced that, as of January 1, 1998,

we would not accept in paper filings that we

require filers to submit electronically; Release No.

34–40935 (Jan. 12, 1999) [64 FR 2843], in which we

made mandatory the electronic filing of Form 13F;

and Release No. 33–7684 (May 17, 1999) [64 FR

27888], in which we adopted amendments to

implement the first stage of EDGAR modernization.

4We have added the new Williams Act

submission types to accommodate the new rules

that will become effective January 24, 2000. See

Release No. 33–7760 (Oct. 22, 1999) [64 FR 61408].

5See Release Nos. 33–7514; IC–23066 (Mar. 2,

1998) [63 FR 13988], in which we proposed new

Continued

2. Section 424.21 is amended in the

chart in paragraph (c) by adding in

alphabetical order new entries for

‘‘potassium lactate,’’ ‘‘sodium

diacetate,’’ and ‘‘sodium lactate’’ under

the class ‘‘Antimicrobial agents’’ and by

revising the entries for ‘‘sodium acetate’’

and ‘‘sodium diacetate’’ under the class

‘‘Flavoring agents’’ to read as follows:

§ 424.21 Use of food ingredients and

sources of radiation.

* * * * *

(c) * * *

Class of substance Substance Purpose Products Amount

*******

Antimicrobial Agents .......... Potassium lactate ............. To inhibit microbial growth Various meat and poultry

products, except infant

formulas and infant food.

4.8% by weight of total formulation.

Sodium diacetate .............. ......do ................................ ......do ................................ 0.25% by weight of total

formulation.

Sodium lactate .................. ......do ................................ ......do ................................ 4.8% by weight of total formulation.

*******

Flavoring agents; Protectors and Developers.Sodium acetate ................. To flavor products ............. Various meat and poultry

products.

Not to exceed 0.25% of

formulate in accordance

with 21 CFR 184.1721.

Sodium diacetate .............. ......do ................................ ......do ................................ Not to exceed 0.25% of

formulate in accordance

with 21 CFR 184.1754.

*******

Done at Washington, DC, on: December 23,

1999.

Thomas J. Billy,

Administrator.

[FR Doc. 00–1220 Filed 1–19–00; 8:45 am]

BILLING CODE 3410–DM–P

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Part 232

[Release Nos. 33–7789; 34–42327; 35–

27123; 39–2380; IC–24235]

RIN 3235–AG96

Adoption of Updated EDGAR Filer

Manual

AGENCY: Securities and Exchange

Commission.

ACTION: Final rule.

SUMMARY: The Commission is adopting

an updated edition of the EDGAR Filer

Manual and is providing for its

incorporation by reference into the Code

of Federal Regulations.

EFFECTIVE DATE: January 24, 2000. The

new edition of the EDGAR Filer Manual

(Release 6.75) will be effective on

January 24, 2000. The incorporation by

reference of the EDGAR Filer Manual is

approved by the Director of the Federal

Register as of January 24, 2000.

FOR FURTHER INFORMATION CONTACT: In

the Office of Information Technology,

Michael E. Bartell at (202) 942–8800; for

questions concerning investment

company filings, Ruth Armfield

Sanders, Senior Special Counsel, or

Shaswat K. Das, Attorney, Division of

Investment Management, at (202) 942–

0978; and for questions concerning

Corporation Finance company filings,

Herbert Scholl, Office Chief, EDGAR

and Information Analysis, Division of

Corporation Finance, at (202) 942–2930.

SUPPLEMENTARY INFORMATION: Today we

are adopting an updated EDGAR Filer

Manual (‘‘Filer Manual’’), which

describes the technical formatting

requirements for the preparation and

submission of electronic filings through

the Electronic Data Gathering, Analysis,

and Retrieval (EDGAR) system.1 Filers

must comply with the provisions of the

Filer Manual in order to assure the

timely acceptance and processing of

filings made in electronic format.2 Filers

should consult the Filer Manual in

conjunction with our rules governing

mandated electronic filing when

preparing documents for electronic

submission.3

The purpose of this new version of

EDGAR and the Filer Manual (Release

6.75) is to add new form types and

delete several old ones.4

We have added the following

submission types to EDGAR:

• SC TO–C—Written communication

relating to an issuer or third party

tender offer not by the subject company.

• SC 14D9–C—Written

communication by the subject company

relating to a tender offer by a third

party.

• SC TO–I and SC TO–I/A—Tender

offer schedule and amendment filed by

the issuer.

• SC TO–T and SC TO–T/A—Tender

offer schedule and amendment filed by

a third party.

• 425—A prospectus or other

communication in connection with

business combination transactions.

• N–6 and N–6/A—Submission types

for registration statements and preeffective amendments for separate

accounts (unit investment trusts) if we

adopt our proposed Form N–6.5

3124 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Rules and Regulations

Form N–6 for insurance company separate accounts

that are registered as unit investment trust and that

offer variable life policies.

6 17 CFR 230.482.

7The mandated electronic submissions of rule

101(a)(1)(i) of Regulation S–T [17 CFR

232.101(a)(1)(i)] omcide 482 ads where we require

filers to file them with us. See Release 33–7122 at

footnote 32 and accompanying text.

8 17 CFR 230.425, 230.473, 230.477, and 230.482.

9 5 U.S.C. 553(b).

10 5 U.S.C. 601–612.

11 5 U.S.C. 553(d)(3).

12 15 U.S.C. 77f, 77g, 77h, 77j and 77s(a).

13 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w and 78ll.

14 15 U.S.C. 79t.

15 15 U.S.C. 77sss.

16 15 U.S.C. 80a–8, 80a–29, 80a–30 and 80a–37.

• 497AD—Prospectus filed by certain

investment companies under Rule

482 6(482 ads).7 Filers who are required

to file 482 ads with us in accordance

with Rule 497 and the NOTE to Rule

482(c) should submit their 482 ads

under this new submission type.

Appendices A and B of the Filer

Manual contain the descriptions and

associated tagging requirements for all

of the new submission types. We also

have added a new section to Table 6 of

Appendix A, entitled, ‘‘Miscellaneous

Filings Under the Securities Act.’’ This

section groups several new and existing

submission types (425, DEL AM, RW,

AW, and 497AD) used by investment

companies to make filings under

Securities Act Rules 425, 473, 477, and

482.8

We have also made the following

changes effective after Release 6.75 is

issued:

• The EDGAR system will no longer

support the following form types: SC

13E4 and SC 14D1.

• We will add the submission’s

accession number to the subject line of

all notices to filers of acceptance or

suspension.

• We will revise EDGARLink so that

filers will be able to perform a version

verify upgrade of the software while in

a Windows environment.

Finally, we are amending Rule 301 of

Regulation S–T to provide for the

incorporation by reference of the Filer

Manual into the Code of Federal

Regulations, which 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 revised Filer Manual and the

amendments to Rule 301 will be

effective on January 24, 2000.

You may obtain paper copies of the

updated Filer Manual at the following

address: Public Reference Room, U.S.

Securities and Exchange Commission,

450 Fifth Street, N.W., Washington D.C.

20549–0102. We will post electronic

format copies on the SEC’s Web Site.

The SEC’s Web Site address for the Filer

Manual is http://www.sec.gov/asec/ofis/

filerman.htm. You may also obtain

copies from Disclosure Incorporated, the

paper and microfiche contractor for the

Commission, at (800) 638–8241.

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). 9 It follows that

the requirements of the Regulatory

Flexibility Act 10 do not apply.

The effective date for the updated

Filer Manual and the rule amendments

is January 24, 2000. In accordance with

the APA,11 we find that there is good

cause to establish an effective date less

than 30 days after publication of these

rules.

Statutory Basis

We are adopting the amendments to

Regulation S–T under Sections 6, 7, 8,

10, and 19(a) of the Securities Act,12

Sections 3, 12, 13, 14, 15, 23, and 35A

of the Securities Exchange Act of

1934,13 Section 20 of the Public Utility

Holding Company Act of 1935,14

Section 319 of the Trust Indenture Act

of 1939,15 and Sections 8, 30, 31, and 38

of the Investment Company Act.16

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 as follows:

Authority: 15 U.S.C. 77f, 77g, 77h, 77j,

77s(a), 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d),

78w(a), 78ll(d), 79t(a), 80a–8, 80a–29, 80a–30

and 80a–37.

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 January 24,

2000 edition of the EDGAR Filer

Manual: Guide for Electronic Filing with

the U.S. Securities and Exchange

Commission (Release 6.75) is

incorporated into the Code of Federal

Regulations by reference, 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, 450 5th

Street, N.W., Washington, D.C. 20549–

0102 or by calling Disclosure

Incorporated at (800) 638–8241.

Electronic format copies are available on

the SEC’s Web Site. The SEC’s Web Site

address for the Manual is http://

www.sec.gov/asec/ofis/filerman.htm.

Information on becoming an EDGAR e–

mail/electronic bulletin board

subscriber is available by contacting

TRW/UUNET at (703) 345–8900 or at

www.trw–edgar.com.

Dated: January 11, 2000.

By the Commission.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 00–1123 Filed 1–19–00; 8:45 am]

BILLIING CODE 8010–10–P

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[DEA No. 187I]

RIN 1117–AA51

Schedules of Controlled Substances:

Exempt Anabolic Steroid Products

AGENCY: Drug Enforcement

Administration, Department of Justice.

ACTION: Interim rule and request for

comments.

SUMMARY: The Drug Enforcement

Administration (DEA) is designating six

preparations as exempt anabolic steroid

products. This action, as part of the

ongoing implementation of the Anabolic

Steroids Control Act of 1990, removes

certain regulatory controls pertaining to

Schedule III substances from the

designated entities.

DATES: Effective date: January 20, 2000.

Comments must be submitted on or

before March 20, 2000.

ADDRESSES: Comments and objections

should be submitted to the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration, Washington, DC. 20537;

Attention: DEA Federal Register

Representative/CCR.