Federal Register / Vol. 62, No. 149 / Monday, August 4, 1997 / Rules and Regulations 41841

1The Filer Manual originally was adopted on

April 1, 1993, and became effective on April 26,

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

18638). The most recent update to the Filer Manual

was implemented on April 14, 1997. See Release

Nos. 33–7394 (Feb. 21, 1997) (62 FR 8877), 33–7405

(Mar. 19, 1997) (62 FR 13820), and 33–7411 (Apr.

2, 1997) (62 FR 16690).

2See Rule 301 of Regulation S–T (17 CFR

232.301).

will not have a significant economic

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A final evaluation has

been prepared for this action and it is

contained in the rules docket. A copy of

it may be obtained from the rules docket

at the location provided under the

caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

97–16–08 Fokker: Amendment 39–10100.

Docket 97–NM–149–AD.

Applicability: Model F28 Mark 0100 series

airplanes, serial numbers 11244 through

11474 inclusive, equipped with small cargo

doors having hinge assemblies having part

numbers A28410–405, A28410–407, and/or

D28410–409; certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (c) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To detect and correct fatigue cracking of

the hinges, which could result in rapid

decompression of the airplane and separation

of the cargo doors during flight; accomplish

the following:

(a) Prior to the accumulation of 8,000 total

flight cycles, or within 5 months after the

effective date of this AD, whichever occurs

later: Perform a one-time inspection to detect

fatigue cracking of the hinges of the forward,

center, and aft cargo doors, in accordance

with Fokker Service Bulletin SBF100–52–

061, dated September 28, 1996. Prior to

further flight, repair any cracking detected, in

accordance with a method approved by the

Manager, Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate.

(b) Within 10 days after accomplishing the

inspection required by paragraph (a) of this

AD, submit a report of the inspection results

to Fokker Services, Attn: Manager, Service

Engineering—Jet, P. O. Box 75047, 1117 ZN

Schiphol-Oost, The Netherlands. Information

collection requirements contained in this

regulation have been approved by the Office

of Management and Budget (OMB) under the

provisions of the Paperwork Reduction Act of

1980 (44 U.S.C. 3501 et seq.) and have been

assigned OMB Control Number 2120–0056.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager,

Standardization Branch, ANM–113.

Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Standardization

Branch, ANM–113.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(d) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(e) The actions shall be done in accordance

with Fokker Service Bulletin SBF100–52–

061, dated September 28, 1996. 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. Copies may be obtained from Fokker

Services B.V., Technical Support

Department, P.O. Box 75047, 1117 ZN

Schiphol Airport, The Netherlands. Copies

may be inspected at the FAA, Transport

Airplane Directorate, 1601 Lind Avenue,

SW., Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

(f) This amendment becomes effective on

August 19, 1997.

Issued in Renton, Washington, on July 29,

1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–20440 Filed 8–1–97; 8:45 am]

BILLING CODE 4910–13–U

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Part 232

[Release Nos. 33–7432; 34–38883; 35–

26747; 39–2356; IC–22769]

RIN 3235–AG96

Adoption of Updated EDGAR Filer

Manual

AGENCY: Securities and Exchange

Commission.

ACTION: Final rules.

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.

DATES: The amendment to 17 CFR part

232 (Regulation S–T) will be effective

on August 25, 1997. The new edition of

the EDGAR Filer Manual (Release 5.30)

will be effective on August 25, 1997.

The incorporation by reference of the

EDGAR Filer Manual is approved by the

Director of the Federal Register as of

August 25, 1997.

FOR FURTHER INFORMATION CONTACT: In

the Office of Information Technology,

David T. Copenhafer at (202) 942–8800;

for questions concerning investment

company filings, Ruth Armfield

Sanders, Senior Counsel, Division of

Investment Management, at (202) 942–

0633; and for questions concerning

Corporation Finance company filings,

Margaret R. Black at (202) 942–2933.

SUPPLEMENTARY INFORMATION: The

Commission today announces the

adoption of an updated EDGAR Filer

Manual (‘‘Filer Manual’’), which sets

forth the technical formatting

requirements governing the preparation

and submission of electronic filings

through the Electronic Data Gathering,

Analysis, and Retrieval (‘‘EDGAR’’)

system.1 Compliance with the

provisions of the Filer Manual is

required 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 the Commission’s

rules governing mandated electronic
41842 Federal Register / Vol. 62, No. 149 / Monday, August 4, 1997 / Rules and Regulations

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) for a comprehensive

treatment of the rules adopted by the Commission

governing mandated electronic filing. See also

Release No. 33–7122 (Dec. 19, 1994) (59 FR 67752),

in which the Commission made the EDGAR rules

final and applicable to all domestic registrants, and

Release No. 33–7427 (July 1, 1997) (62 FR 36450),

adopting the most recent minor amendments to the

EDGAR rules.

4 17 CFR 249.325.

5See Release No. 34–38800 (July 1, 1997) (62 FR

36467), in which the Commission proposed to

require electronic filling of Form 13F via the

EDGAR system.

6 17 CFR 259.208. See Release No. 35–26667 (Feb.

14, 1997) (62 FR 7900). ab

7 5 U.S.C. 601–612.

8 5 U.S.C. 553(b).

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. 79t.

12 15 U.S.C. 77sss.

13 15 U.S.C. 80a–8, 80a–29, 80a–30 and 80a–37.

filing when preparing documents for

electronic submission.3

In this update, several submission

types have been added. First, EDGAR

submission types 13F–HR, 13F–HR/A,

13F–NT, and 13F–NT/A have been

added. These submission types will

accommodate the electronic submission

of reports on Form 13F 4 in the event

that the Commission amends its rules to

require mandatory electronic filing of

Form 13F.5

Also added are EDGAR submission

types U–9C–3 and U–9C–3/A. These

submission types are to be used by

public utility holding companies for the

submission of Form U–9C–3, Report

Pursuant to Rule 58.6

Finally, a new submission has been

added to accommodate electronic

submissions of certain filings by

companies whose filings are within the

purview of the Division of Corporation

Finance. Submission type POS EX has

been added to reflect the Commission’s

recent adoption of Rule 462(d) under

the Securities Act of 1933. This rule will

permit automatic effectiveness of a posteffective amendment filed solely to add

an exhibit.

The following submission types have

been eliminated from EDGAR: 10–C,

10–C/A, 486A24E, 486A24F, 486B24E,

48624F, 8–B12B, 8–B12B/A, 8–B12G, 8–

B12G/A, 8A12BEF, 8A12BT, and

8A12BT/A.

Rule 301 of Regulation S–T also is

being amended 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

amendment to Rule 301 will be effective

on August 25, 1997.

Paper copies of the updated Filer

Manual may be obtained at the

following address: Public Reference

Room, U.S. Securities and Exchange

Commission, Mail Stop 1–2, 450 Fifth

Street, NW., Washington DC 20549.

Electronic format copies will be

available on the EDGAR electronic

bulletin board. Copies also may be

obtained from Disclosure Incorporated,

the paper and microfiche contractor for

the Commission, at (800) 638–8241.

Since the Filer Manual relates solely

to agency procedure or practice,

publication for notice and comment is

not required under the Administrative

Procedure Act.7 It follows that the

requirements of the Regulatory

Flexibility Act 8 do not apply.

The effective date for the updated

Filer Manual and the rule amendment is

on August 25, 1997. In accordance with

the Administrative Procedure Act 5

U.S.C. 553(d)(3), the Commission finds

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 5.30 on August 23, 1997. The

Commission believes that it is necessary

to coordinate the effectiveness of the

updated Filer Manual with the

scheduled system upgrade in order to

avoid confusion to EDGAR filers.

Statutory Basis

The amendment to Regulation S–T is

being adopted 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 20 of the Public Utility

Holding Company Act of 1935,11 section

319 of the Trust Indenture Act of 1939,12

and sections 8, 30, 31, and 38 of the

Investment Company Act.13

List of Subjects in 17 CFR Part 232

Incorporation by reference;

Investment companies; Registration

requirements; 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.

Electronic filings shall be prepared in

the manner prescribed by the EDGAR

Filer Manual, promulgated by the

Commission, which sets out the

technical formatting requirements for

electronic submissions. The August

1997 edition of the EDGAR Filer

Manual: Guide for Electronic Filing with

the U.S. Securities and Exchange

Commission (Release 5.30) 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.

Compliance with the requirements

found therein is essential to the timely

receipt and acceptance of documents

filed with or otherwise submitted to the

Commission in electronic format. Paper

copies of the EDGAR Filer Manual may

be obtained at the following address:

Public Reference Room, U.S. Securities

and Exchange Commission, Mail Stop

1–2, 450 5th Street, NW., Washington,

DC 20549. They also may be obtained

from Disclosure Incorporated by calling

(800) 638–8241. Electronic format

copies are available through the EDGAR

electronic bulletin board. Information

on becoming an EDGAR E-mail/

electronic bulletin board subscriber is

available by contacting CompuServe

Inc. at (800) 576–4247.

By the Commission.

Dated: July 29, 1997.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 97–20413 Filed 8–1–97; 8:45 am]

BILLING CODE 8010–01–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 925

[SPATS No. MO–032–FOR]

Missouri Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving

amendment to the Missouri regulatory

program (hereinafter referred to as the

‘‘Missouri program’’) under the Surface