Federal Register / Vol. 62, No. 39 / Thursday, February 27, 1997 / Rules and Regulations 8877

the event that it becomes aware of facts leading it

to conclude that customer funds are not being

handled consistent with the requirements of

Commission rules or relevant rule 30.10 order by

any subsequent intermediary or clearing house.

1The Filer Manual originally was adopted on

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

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

18638). The most recent update to the Filer Manual

was adopted in Release No. 33–7351 (October 2,

1996) [61 FR 52283], and became effective on

October 7, 1996.

2See Release Nos. 33–6977 (February 23, 1993)

(58 FR 14628), IC–19284 (February 23, 1993) (58 FR

14848), 35–25746 (February 23, 1993) (58 FR

14999), and 33–6980 (February 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

(December 19, 1994) (59 FR 67752), in which the

Commission made the EDGAR rules final and

applicable to all domestic registrants and adopted

minor amendments to the EDGAR rules; Release

No. 33–7351, in which the Commission adopted the

most recent update to the Filer Manual; and Release

No. 33–7369 (December 5, 1996) (61 FR 65440), in

which the Commission proposed additional minor

technical amendments to the EDGAR rules.

3 17 CFR 274.21 (certificate of accounting of

securities and similar investments in the custody of

management investment companies filed pursuant

to Rule 17f–1).

4 17 CFR 274.220 (certificate of accounting of

securities and similar investments in the custody of

management investment companies filed pursuant

to Rule 7f–2).

5 17 CFR 240.23c–2(b) (notice by closed-end

investment companies of intention to call or redeem

their own securities).

6 17 CFR 274.221 (notification of periodic

repurchase offer).

7 17 CFR 240.23c–3. Submission type ‘‘N–23C3A’’

is to be used for filings made pursuant to Rule 23c–

3(a) only; ‘‘N–23C3B,’’ Rule 23c–3(b) only; and ‘‘N–

23C3C,’’ Rule 23c–3(a) and (b).

8 17 CFR 230.462(b).

9 15 U.S.C. 77a et seq. The new submission types

are: S–4MEF (for use in connection with

registration statements filed on Form S–4 (17 CFR

239.25) and F–4MEF (for use in connection with

registration statements on Form F–4 (17 CFR

Continued

2. must set aside funds constituting the

entire secured amount requirement in a

separate account as set forth in Commission

rule 30.7, 17 C.F.R. § 30.7, and treat those

funds in the manner described by that rule.

The expanded rule 30.10 relief

provided by this Supplemental Order

also is contingent upon the Montreal

Exchange’s and Montreal Exchange

Members’ continued compliance with

the Original Order and the enumerated

conditions above.

This Supplemental Order is issued

based on the information provided to

the Commission as set forth herein,

including the letter dated March 26,

1996, from the Montreal Exchange. Any

changes or material omissions may

require the Commission to reconsider

the authorization granted in this

Supplemental Order.

Further, if experience demonstrates

that the continued effectiveness of this

Order in general, or with respect to a

particular Member, would be contrary to

public policy or the public interest, or

that the systems in place for the

exchange of information or other

circumstances do not warrant

continuation of the exemptive relief

granted herein, the Commission may

condition, modify, suspend, terminate,

withhold as to a specific Member, or

otherwise restrict the exemptive relief

granted in this Order, as appropriate, on

its own motion. If necessary, provisions

will be made for servicing existing

client positions.

List of Subjects in 17 CFR Part 30

Commodity futures, Commodity

options, Foreign futures.

Accordingly, 17 CFR Part 30 is

amended as set forth below:

PART 30—FOREIGN FUTURES AND

FOREIGN OPTIONS TRANSACTIONS

1. The authority citation for Part 30

continues to read as follows:

Authority: 7 U.S.C. 1a, 2, 4, 6, 6c and 12a,

unless otherwise noted.

2. Appendix C to Part 30 is amended

by adding the following citation under

the existing entry for Firms designated

by the Montreal Exchange to read as

follows:

Appendix C to Part 30–Foreign

Petitioners Granted Relief From the

Application of Certain of the Part 30

Rules Pursuant to § 30.10

* * * * *

Firms designated by the Montreal

Exchange.

* * * * *

FR date and citation: February 27,

1997, 62 FR.

* * * * *

Issued in Washington, D.C. on February 21,

1997.

Jean Webb,

Secretary of the Commission.

[FR Doc. 97–4865 Filed 2–26–97; 8:45 am]

BILLING CODE 6351–01–P

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Part 232

[Release Nos. 33–7394; 34–38319; 35–

26672; 39–2346; IC–22522]

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.

EFFECTIVE DATE: The amendment to 17

CFR Part 232 (Regulation S–T) will be

effective on March 10, 1997. The new

edition of the EDGAR Filer Manual

(Release 5.20) will be effective on March

10, 1997. The incorporation by reference

of the EDGAR Filer Manual is approved

by the Director of the Federal Register

as of March 10, 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–

0591; and for questions with respect to

documents subject to review by the

Division of Corporation Finance,

Margaret R. Black at (202) 942–2940.

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. Filers should

consult the Filer Manual in conjunction

with the Commission’s rules governing

mandated electronic filing when

preparing documents for electronic

submission.2

In this update, several submission

types have been added to accommodate

electronic submission of certain

investment company filings.

Specifically, new EDGAR submission

types ‘‘40–17F1’’ and ‘‘40–17F2’’ have

been added to accommodate the filing of

Forms N–17F–1 3 and N–17F–2; 4

submission type ‘‘N–23C–2,’’ to

accommodate filings under Rule 23c–

2(b); 5 and submission types ‘‘N–

23C3A,’’ ‘‘N–23C3B,’’ and ‘‘N–23C3C,’’

to accommodate the filing of Form N–

23C–3,6 pursuant to Rule 23c–3.7

With respect to documents subject to

review by the Division of Corporation

Finance, two additional submission

types have been added to accommodate

more completely the electronic

submission of filings made pursuant to

Rule 462(b) 8 under the Securities Act of

1933.9
8878 Federal Register / Vol. 62, No. 39 / Thursday, February 27, 1997 / Rules and Regulations

239.34). All other submission types used for Rule

462(b) filings were added to the EDGAR system in

November 1995. See Release No. 33–7241

(November 13, 1995) (60 FR 57682).

105 U.S.C. 553(b)

115 U.S.C. 601–612.

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.

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 March 10, 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, N.W., Washington D.C. 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.10 It follows that the

requirements of the Regulatory

Flexibility Act 11 do not apply.

The effective date for the updated

Filer Manual and the rule amendment is

March 10, 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 5.20 on March 8, 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 1933,12

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;

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 March 1997

edition of the EDGAR Filer Manual:

Guide for Electronic Filing with the U.S.

Securities and Exchange Commission

(Release 5.20) 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, N.W., Washington, D.C. 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)

848–8199.

Dated: February 21, 1997.

By the Commission.

Jonathan G. Katz,

Secretary.

[FR Doc. 97–4797 Filed 2–26–97; 8:45 am]

BILLING CODE 8010–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 70

[AD–FRL–5691–3]

Clean Air Act Final Interim Approval of

Operating Permits Program; South

Coast Air Quality Management District,

California

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final interim approval.

SUMMARY: The EPA is promulgating

interim approval of the Operating

Permits Program submitted by the

California Air Resources Board on

behalf of the South Coast Air Quality

Management District (South Coast or

District), for the purpose of complying

with federal requirements for an

approvable state program to issue

operating permits to all major stationary

sources, and to certain other sources.

DATES: The final interim approval of the

South Coast program is effective on

March 31, 1997.

ADDRESSES: Copies of the District’s

submittals and other supporting

information used in developing the final

interim approval and direct final

interim approval are available for

inspection (docket number CA–SC–96–

1–OPS) during normal business hours at

the following location: U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105.

FOR FURTHER INFORMATION CONTACT:

Ginger Vagenas (telephone 415–744–

1252), Mail Code AIR–3, U.S.

Environmental Protection Agency,

Region IX, Air Division, 75 Hawthorne

Street, San Francisco, CA 94105.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

Title V of the 1990 Clean Air Act

Amendments (sections 501–507 of the

Clean Air Act (the Act), and

implementing regulations at 40 Code of

Federal Regulations (CFR) Part 70

require that states develop and submit

operating permits programs to EPA by

November 15, 1993, and that EPA act to

approve or disapprove each program

within 1 year after receiving the

submittal. The EPA’s program review

occurs pursuant to section 502 of the

Act and the part 70 regulations, which

together outline criteria for approval or

disapproval. Where a program

substantially, but not fully, meets the

requirements of Part 70, EPA may grant

the program interim approval for a

period of up to 2 years. If EPA has not