Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Rules and Regulations 34079

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 January 24, 2000. See Release No. 33–

7789 (January 20, 2000) (65 FR 3123).

2This is the Filer Assistance software we provide

filers filing on the EDGAR system.

3See Rule 301 Regulation S–T (17 CFR 232.301).

4See Release Nos. 33–6977 (Feb. 23, 1993) (58 FR

14628), IC–19284 (Feb. 23, 1993) (58 FR 14848), and

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

Continued

and that are capable of recording at framing

rates exceeding 13,150 frames/s;

Note: 6A003.a.1 does not control cinema

recording cameras designed for civil

purposes.

a.2. Mechanical high speed cameras, in

which the film does not move, capable of

recording at rates exceeding 1,000,000

frames/s for the full framing height of 35 mm

film, or at proportionately higher rates for

lesser frame heights, or at proportionately

lower rates for greater frame heights;

a.3. Mechanical or electronic streak

cameras having writing speeds exceeding 10

mm/μs;

a.4. Electronic framing cameras having a

speed exceeding 1,000,000 frames/s;

a.5. Electronic cameras, having all of the

following:

a.5.a. An electronic shutter speed (gating

capability) of less than 1 μs per full frame;

and

a.5.b. A read out time allowing a framing

rate of more than 125 full frames per second.

b. Imaging cameras, as follows:

Note: 6A003.b does not control television

or video cameras specially designed for

television broadcasting.

b.1. Video cameras incorporating solid

state sensors, having any of the following:

b.1.a. More than 4 × 106 ‘‘active pixels’’ per

solid state array for monochrome (black and

white) cameras;

b.1.b. More than 4 × 106 ‘‘active pixels’’ per

solid state array for color cameras

incorporating three solid state arrays; or

b.1.c. More than 12 × 106 ‘‘active pixels’’

for solid state array color cameras

incorporating one solid state array;

b.2. Scanning cameras and scanning

camera systems, having all of the following:

b.2.a. Linear detector arrays with more

than 8,192 elements per array; and

b.2.b. Mechanical scanning in one

direction;

b.3. Imaging cameras incorporating image

intensifier tubes having the characteristics

listed in 6A002.a.2.a;

b.4. Imaging cameras incorporating ‘‘focal

plane arrays’’ having the characteristics listed

in 6A002.a.3.

Note: 6A003.b.4 does not control imaging

cameras incorporating linear ‘‘focal plane

arrays’’ with twelve elements or fewer, not

employing time-delay-and-integration with

the element, designed for any of the

following:

a. Industrial or civilian intrusion alarm,

traffic or industrial movement control or

counting systems;

b. Industrial equipment used for inspection

or monitoring of heat flows in buildings,

equipment or industrial processes;

c. Industrial equipment used for

inspection, sorting or analysis of the

properties of materials;

d. Equipment specially designed for

laboratory use; or

e. Medical equipment.

Dated: May 18, 2000.

R. Roger Majak,

Assistant Secretary for Export

Administration.

[FR Doc. 00–13252 Filed 5–25–00; 8:45 am]

BILLING CODE 3510–33–P

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Part 232

[Release Nos. 33–7858; 34–42789; 35–

27177; 39–2385; IC–24455]

RIN 3235–AG96

Adoption of Updated EDGAR Filer

Manual

AGENCY: Securities and Exchange

Commission.

ACTION: Final rule.

SUMMARY: The Commission is adopting

revisions to the EDGAR Filer Manual

and is providing for their incorporation

by reference into the Code of Federal

Regulations. In conjunction with the

transition to the new capabilities made

available in EDGAR Release 7.0, we will

be redesignating the components of the

Filer Manual into three parts: Volume I

discusses the old (Legacy) EDGAR filing

system; Volume II discusses modernized

EDGAR and all its new features; and the

N–SAR Supplement discusses the filing

of N–SAR documents. Today, we are

adopting new provisions to the Filer

Manual that describe the modernized

EDGAR system implemented in EDGAR

Release 7.0. These new provisions are

designated as Volume II of the EDGAR

Manual.

EFFECTIVE DATE: May 30, 2000. The

revisions to the EDGAR Filer Manual

(Release 7.0), contained in Volume II—

Modernized EDGARLink, will be

effective on May 30, 2000. The

incorporation by reference of the

EDGAR Filer Manual is approved by the

Director of the Federal Register as of

May 30, 2000.

FOR FURTHER INFORMATION CONTACT: In

the Office of Information Technology,

Richard Heroux 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 a new Volume II of the

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 Volume II describes

the requirements for filing using the

new EDGARLink.2

Previously, the EDGAR Manual was

composed of two parts. With the

addition of Volume II, the EDGAR

Manual will consist of three parts

because we will be maintaining two

separate software applications for the

preparation and transmission of filings

until at least November 1, 2000. We are

doing this to provide filers abundant

time to transition to the new

modernized system.

Volume II of the Manual contains all

the new technical specifications for

filers to submit filings using the new

modernized EDGAR system available in

Release 7.0. The specifications include

features that will be available for the

first time to filers using the new

EDGARLink software, such as expanded

hyperlinks, graphics, and filing over the

Internet.

We also plan shortly to adopt revised

versions of the remaining parts of the

Manual. These revisions will reflect the

limited changes effected by EDGAR

Release 7.0 to the Legacy EDGAR

systems and Form N–SAR filing. Until

we do, the provisions of EDGAR Manual

Release 6.75 and N–SAR Supplement

for Release 6.1 will continue to apply to

filers using the Legacy EDGAR system

and to filers filing Form N–SAR.

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

should consult the Filer Manual in

conjunction with our rules governing

mandated electronic filing when

preparing documents for electronic

submission.4

34080 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Rules and Regulations

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;

Release No. 33–7684 (May 17, 1999) (64 FR 27888),

in which we adopted amendments to implement

the first stage of EDGAR modernization; and

Release No. 33-7855 (April 24, 2000) (65 FR 23937),

in which we implemented EDGAR Release 7.0.

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

6 5 U.S.C. 601–612.

7 5 U.S.C. 553(d)(3).

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. 79t.

11 15 U.S.C. 77sss.

12 15 U.S.C. 80a–8, 80a–29, 80a–30 and 80a–37.

The purpose of EDGAR Release 7.0 is

to implement the next stage of

modernization that filers may begin

using on May 30, 2000. The modernized

version of EDGAR includes a number of

changes: An easier to use EDGARLink

for creating and submitting filings to the

EDGAR system; graphics and image files

in HTML filings; expanded use of

hyperlinks in HTML filings; the

addition of the Internet as a means of

transmission; an update to use of

magnetic tape cartridges and the

removal of 9 track tapes when support

of the Legacy EDGAR system ends; and

the elimination of diskette filing in July

2000. The new EDGARLink will be

available for download from the EDGAR

Filing website; it will not be distributed

by diskette.

Legacy EDGARLink is a DOS-based

system. We believe the modernized

EDGARLink will be easier to use under

a Windows operating system, the system

most filers use. The new EDGARLink

will enable filers to transmit their filings

to EDGAR using the Internet. As with

the current EDGARLink, the new

EDGARLink also assists filers with

building the header, attaching

documents to the header, checking for

errors and transmitting documents to us.

The new EDGARLink does not use the

current tagging; instead, predefined

templates are available for download

through our EDGAR Filing web site. The

new EDGARLink checks for errors so

that filers can make corrections and

increase the chance of acceptance by the

system.

Filers must use the new EDGARLink

if they wish to include graphics and

expanded hyperlinks in their HTML

documents. Filers using the old version

of EDGARLink will not be able to take

advantage of EDGAR’s new features.

Also, as of May 30th, filers using the

Legacy EDGAR software system will be

able to update company information,

change their passwords or change their

CIK confirmation codes only by

submitting an amended Form ID.

Finally, we are amending Rule 301 of

Regulation S–T to provide for the

incorporation by reference into the Code

of Federal Regulations the revisions to

the Filer Manual reflected in Volume II.

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 revised

Filer Manual and the amendments to

Rule 301 will be effective on May 30,

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, NW., Washington DC.

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).5 It follows that

the requirements of the Regulatory

Flexibility Act 6 do not apply.

The effective date for the updated

Filer Manual and the rule amendments

is May 30, 2000. 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 is scheduled to be

upgraded to Release 7.0 on May 30,

2000. The Commission believes that it is

necessary to coordinate the effectiveness

of the updated Filer Manual with the

scheduled system upgrade in order to

minimize confusion to EDGAR filers.

Statutory Basis

We are adopting the amendments to

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

10, and 19(a) of the Securities Act,8

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

of the Securities Exchange Act of 1934,9

Section 20 of the Public Utility Holding

Company Act of 1935,10 Section 319 of

the Trust Indenture Act of 1939,11 and

Sections 8, 30, 31, and 38 of the

Investment Company Act.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 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. For the period

during which Legacy EDGAR will be

available, prior to the complete

transition to the use of Modernized

EDGAR, the EDGAR Filer Manual will

consist of three parts. For filers using

modernized EDGARLink, the

requirements are set forth in EDGAR

Filer Manual: Guide for Electronic

Filing with the U.S. Securities and

Exchange Commission (Release 7.0),

Volume II—Modernized EDGARLink.

For filers using Legacy EDGAR, the

applicable provisions are set forth in

EDGAR Filer Manual, Release 6.75. 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.

Additional provisions applicable to

Form N–SAR filers are set forth in

EDGAR Filer Manual: N–SAR

Supplement, EDGAR Release 6.1.

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, NW., Washington, DC.

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 email/electronic bulletin board

subscriber is available by contacting

TRW/UUNET at (703) 345–8900 or at

www.trw-edgar.com.

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Rules and Regulations 34081

Dated: May 16, 2000.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 00–12756 Filed 5–25–00; 8:45 am]

BILLING CODE 8010–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 176

[Docket No. 00F–0813]

Indirect Food Additives: Paper and

Paperboard Components

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

food additive regulations to provide for

the safe use of sodium xylenesulfonate

as a component of paper and

paperboard intended to contact food.

This action is in response to a petition

filed by Tritex Co., Inc.

DATES: This rule is effective May 26,

2000. Submit written objections and

requests for a hearing by June 26, 2000.

ADDRESSES: Submit written objections to

the Dockets Management Branch (HFA–

305), Food and Drug Administration,

5630 Fishers Lane, rm. 1061, Rockville,

MD 20852.

FOR FURTHER INFORMATION CONTACT:

Mark A. Hepp, Center for Food Safety

and Applied Nutrition (HFS–215), Food

and Drug Administration, 200 C St. SW.,

Washington, DC 20204, 202–418–3098.

SUPPLEMENTARY INFORMATION: In a notice

published in the Federal Register of

March 7, 2000 (65 FR 12015), FDA

announced that a food additive petition

(FAP 0B4719) had been filed by Tritex

Co., Inc., 1001 Boul. Industriel, SaintEustache (Quebec), CANADA J7R 6C3

(zip code was incorrectly identified as

J7H 6C3 in the March notice). The

petition proposed to amend the food

additive regulations in § 176.170

Components of paper and paperboard

in contact with aqueous and fatty foods

(21 CFR 176.170) to provide for the safe

use of sodium xylene sulfonated as a

component of paper and paperboard

intended to contact food. Although the

additive was identified as sodium

xylene sulfonated in the notice of filing,

FDA feels that it is more appropriately

listed as sodium xylenesulfonate in this

final rule.

FDA has evaluated data in the

petition and other relevant material.

Based on this information, the agency

concludes that the proposed use of the

additive is safe, that the additive will

achieve its intended technical effect,

and therefore, that the regulations in

§ 176.170 should be amended as set

forth below.

In accordance with § 171.1(h) (21 CFR

171.1(h)), the petition and the

documents that FDA considered and

relied upon in reaching its decision to

approve the petition are available for

inspection at the Center for Food Safety

and Applied Nutrition by appointment

with the information contact person

listed above. As provided in § 171.1(h),

the agency will delete from the

documents any materials that are not

available for public disclosure before

making the documents available for

inspection.

The agency has previously considered

the potential environmental effects of

this rule as announced in the notice of

filing for FAP 0B4719. No new

information or comments have been

received that would affect the agency’s

previous determination that there is no

significant impact on the human

environment and that an environmental

impact statement is not required.

This final rule contains no collections

of information. Therefore, clearance by

the Office of Management and Budget

under the Paperwork Reduction Act of

1995 is not required.

Any person who will be adversely

affected by this regulation may at any

time file with the Dockets Management

Branch (address above) written

objections by June 26, 2000. Each

objection shall be separately numbered,

and each numbered objection shall

specify with particularity the provisions

of the regulation to which objection is

made and the grounds for the objection.

Each numbered objection on which a

hearing is requested shall specifically so

state. Failure to request a hearing for

any particular objection shall constitute

a waiver of the right to a hearing on that

objection. Each numbered objection for

which a hearing is requested shall

include a detailed description and

analysis of the specific factual

information intended to be presented in

support of the objection in the event

that a hearing is held. Failure to include

such a description and analysis for any

particular objection shall constitute a

waiver of the right to a hearing on the

objection. Three copies of all documents

are to be submitted and are to be

identified with the docket number

found in brackets in the heading of this

document. Any objections received in

response to the regulation may be seen

in the Dockets Management Branch

between 9 a.m. and 4 p.m., Monday

through Friday.

List of Subjects in 21 CFR Part 176

Food additives, Food packaging.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs, and redelegated to

the Director, Center for Food Safety and

Applied Nutrition, 21 CFR part 176 is

amended as follows:

PART 176—INDIRECT FOOD

ADDITIVES: PAPER AND

PAPERBOARD COMPONENTS

1. The authority citation for 21 CFR

part 176 continues to read as follows:

Authority: 21 U.S.C. 321, 342, 346, 348,

379e.

2. Section 176.170 is amended in the

table in paragraph (b)(2) by

alphabetically adding an entry under

the headings ‘‘List of substances’’ and

‘‘Limitations’’ to read as follows:

§ 176.170 Components of paper and

paperboard in contact with aqueous and

fatty foods.

* * * * *

(b) * * *

(2) * * *

List of substances Limitations

*******

Sodium xylenesulfonate (CAS Reg. No. 1300–72–7) For use only in paper and paperboard coatings at levels not to exceed

0.01 percent by weight of the finished paper and paperboard.

*******