Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Rules and Regulations 19077 

1 33 FR 17896 (Dec. 3, 1968). 

2 50 FR 52195 (Dec. 20, 1985). 

3 76 FR 58393 (Sept. 21, 2011). 

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 Nov. 29, 2011. See Release No. 33–9281 

(Nov. 22, 2011) [76 FR 73506]. 

determination, the FAA will allocate 

available slots in that period on a 

temporary basis subject to recall, and 

the FAA may conduct a lottery in the 

future to allocate available slots in that 

period. 

DATES: Effective March 30, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Robert Hawks, Office of the Chief 

Counsel, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone number: 202–267–7143; fax 

number: 202–267–7971; email: 

rob.hawks@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued the High Density 

Traffic Airports Rule (HDR), 14 CFR part 

93 subpart K, in 1968 to reduce delays 

at five congested airports: John F. 

Kennedy International Airport, 

LaGuardia Airport, O’Hare International 

Airport, Ronald Reagan Washington 

National Airport (DCA), and Newark 

Liberty International Airport.1

Currently, the HDR applies only to DCA. 

The regulation limits the number of 

operations during certain hours of the 

day and requires a slot, which the FAA 

allocates for a specific 60-minute 

period, for each scheduled operation. 

In 1985, the FAA issued part 93 

subpart S (the ‘‘Buy/Sell Rule’’).2 As 

part of the Buy/Sell Rule, § 93.226 

permits the administrative allocation of 

slots during low demand periods, which 

are 6 a.m. to 6:59 a.m. (the 0600 hour) 

and 10 p.m. to 11:59 p.m. (the 2200 and 

2300 hours), on a first come, first served 

basis. Section 93.226(d) permits the 

FAA to determine those periods are no 

longer low demand periods and allocate 

any available slots by lottery under 

§ 93.225. The FAA may make this 

determination when it becomes 

apparent that demand for slots is 

increasing to the point where a first 

come, first served allocation procedure 

is inappropriate. The FAA previously 

determined the 0600 hour is not a low 

demand period.3

FAA Determination 

Currently, the FAA has allocated all 

but three commuter and all but three air 

carrier slots in the 2200 hour. 

Because of the relatively small 

number of available slots in the 2200 

hour, the FAA now determines that 

hour no longer is a low demand period. 

Additional permanent allocation of slots 

in that time period would undermine 

the new entrant and limited incumbent 

allocation priority under § 93.225. The 

FAA no longer will allocate slots during 

that time period on a permanent first 

come, first served basis. 

The FAA further determines the 

present demand for available slots does 

not justify conducting a lottery at this 

time. Accordingly, the FAA will allocate 

slots in the 2200 hour on a temporary 

basis subject to recall by the FAA under 

§ 93.226(e). However, if the FAA cannot 

accommodate future requests for slots, 

especially requests by new entrants or 

limited incumbents, through temporary 

allocations, the FAA may recall any 

temporarily allocated slots and conduct 

a lottery at that time. 

Slots currently allocated are 

unaffected by this determination, and 

the HDR continues to apply to all 

allocated slots. 

Issued in Washington, DC, on March 27, 

2012. 

Rebecca B. MacPherson, 

Assistant Chief Counsel for Regulations. 

[FR Doc. 2012–7742 Filed 3–29–12; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 232 

[Release Nos. 33–9303; 34–66654; 39–2483; 

IC–30008] 

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 

support the upgrade to the 2012 US 

GAAP and 2012 Mutual Fund Risk/ 

Return Summary Taxonomies; to 

support period field validation updates 

for the submission of Form N–PX; to 

remove the OMB expiration date from 

Form D, 3, 4, and 5; and to include 

additional filer support fax numbers on 

various EDGAR Filer Management Web 

site screens. The EDGAR system is 

scheduled to be upgraded to support 

this functionality on March 26, 2012. 

The filer manual is also being revised 

to support the retirement of the DOS 

based Form N–SAR application and the 

introduction of the new online Form N– 

SAR application. The EDGAR system is 

scheduled to be upgraded to support 

this functionality on July 9, 2012. 

DATES: Effective Date: March 30, 2012. 

The incorporation by reference of the 

EDGAR Filer Manual is approved by the 

Director of the Federal Register as of 

March 30, 2012. 

FOR FURTHER INFORMATION CONTACT: In 

the Division of Corporation Finance, for 

questions Forms D, 3, 4, and 5 contact 

Heather Mackintosh, Office of 

Information Technology, at (202) 551– 

3600; in the Division of Investment 

Management for questions regarding 

Form N–PX contact Ruth Armfield 

Sanders, Senior Special Counsel, Office 

of Legal and Disclosure, at (202) 551– 

6989, and for questions concerning the 

modernized on-line Form N–SAR 

application, contact Heather Fernandez 

or Gregg Jaffray, Office of Financial 

Analysis, at (202) 551–6703; in the 

Division of Risk, Strategy, and Financial 

Innovation for questions concerning 

XBRL Taxonomies update contact 

Walter Hamscher, at (202) 551–5397; in 

the Division of Trading and Markets for 

questions regarding new filer support 

fax numbers contact Catherine Moore, 

Special Counsel, Office of Clearance and 

Settlement, at (202) 551–5718; 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 Online and the Online 

Forms/XML Web site. 

The revisions to the Filer Manual 

reflect changes within Volume I entitled 

EDGAR Filer Manual, Volume I: 

‘‘General Information,’’ Version 12 

(March 2012) and Volume II entitled 

EDGAR Filer Manual, Volume II: 

‘‘EDGAR Filing,’’ Version 19 (March 

2012). The updated manual will be 

incorporated by reference into the Code 

of Federal Regulations. 

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 

to assure the timely acceptance and 

processing of filings made in electronic 


sroberts on DSK5SPTVN1PROD with RULES
19078 Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Rules and Regulations 

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

232.301). 

3See Release No. 33–9281 (Nov. 22, 2011) [76 FR 

73506] in which we implemented EDGAR Release 

11.3. For additional history of Filer Manual rules, 

please see the cites therein. 

4 5 U.S.C. 553(b). 

5 5 U.S.C. 601–612. 

6 5 U.S.C. 553(d)(3). 

7 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a). 

8 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll. 

9 15 U.S.C. 77sss. 

10 15 U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37. 

format.2 Filers may consult the Filer 

Manual in conjunction with our rules 

governing mandated electronic filing 

when preparing documents for 

electronic submission.3

The EDGAR system will be upgraded 

to Release 12.0 on March 26, 2012 and 

will introduce the following changes: 

EDGAR will be updated to support the 

US GAAP 2012 Taxonomy and Mutual 

Fund Risk/Return Summary 2012 

Taxonomy. Please see http://sec.gov/ 

info/edgar/edgartaxonomies.shtml for a 

complete listing of supported standard 

taxonomies. 

The Period field validations will be 

updated for the submission types N– 

PX–NT, N–PX–VR, N–PX–CR, and their 

amendments. Currently, these 

submission types only allow June 30 or 

September 30 of the current or prior 

years as valid period date. The Period 

field on these submission form types 

can be any valid date other than a future 

date. 

The OMB expiration date will no 

longer be displayed on the Forms 3, 4, 

5, and D. These forms will continue to 

display other OMB Approval 

information. 

The Confirmation and 

Acknowledgement screens on the 

EDGAR Filer Management Web site, 

which currently display the filer 

support fax numbers, will be updated to 

include Division of Investment 

Management and Division of Trading 

and Markets filer support fax numbers 

along with existing Division of 

Corporation Finance fax numbers. 

On July 9, 2012, EDGAR Release 

12.1.1 will be deployed to convert the 

DOS based Form N–SAR application to 

an online application. The DOS based 

application to create Form N–SAR 

documents will be retired as of 5:30, 

July 6, 2012, and EDGAR will no longer 

accept filings created by that 

application. Beginning Monday, July 9, 

2012, Form N–SAR may only be filed 

using the online version of the form 

available on the EDGAR Filing Web site 

or constructed by filers according to the 

new EDGAR N–SAR XML Technical 

Specification, available on the 

Commission’s public Web site’s 

‘‘Information for EDGAR Filers’’ Web 

page (http://www.sec.gov/info/ 

edgar.shtml). Submission form types 

NSAR–A, NSAR–A/A, NSAR–AT, 

NSAR–AT/A, NSAR–B, NSAR–BT, 

NSAR–BT/A, NSAR–U, and NSAR–U/A 

can be accessed by selecting the ‘File 

Form N–SAR’ link on the EDGAR Filing 

Web site. Filers submitting submission 

type NSAR–U should continue to 

prepare the text document with the 

applicable answers and attach it to the 

NSAR–U submission type accessible 

from the ‘File Form N–SAR’ link on the 

EDGAR Filing Web site. 

Instructions to file Form N–SAR will 

be included in two new sections of 

Chapter 9 (Preparing and Transmitting 

Online Submissions) of the EDGAR 

Filer Manual, Volume II: EDGAR Filing, 

Section 9.2.5 (File Form N–SAR) and 

Section 9.2.6 (Completing a Form N– 

SAR Submission). As of July 9, 2012, 

the EDGAR Filer Manual, Volume III: 

N–SAR Supplement will be retired. 

Along with the 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).4 It follows that 

the requirements of the Regulatory 

Flexibility Act 5 do not apply. 

The effective date for the updated 

Filer Manual and the rule amendments 

is March 30, 2012. In accordance with 

the APA,6 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 12.0 is scheduled to become 

available on March 26, 2012. The 

EDGAR system upgrade to Release 

12.1.1 is scheduled to become available 

on July 9, 2012. 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 

1933,7 Sections 3, 12, 13, 14, 15, 23, and 

35A of the Securities Exchange Act of 

1934,8 Section 319 of the Trust 

Indenture Act of 1939,9 and Sections 8, 

30, 31, and 38 of the Investment 

Company Act of 1940.10

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 12 (March 2012). 

The requirements for filing on EDGAR 

are set forth in the updated EDGAR Filer 

Manual, Volume II: ‘‘EDGAR Filing,’’ 

Version 19 (March 2012). 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 


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Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Rules and Regulations 19079 

1 5 U.S.C. 553(b)(B). 2See 5 U.S.C. 553(d)(3). 

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: March 26, 2012. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2012–7608 Filed 3–29–12; 8:45 am] 

BILLING CODE 8011–01–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 410 

[Docket No. SSA–2012–0012] 

RIN 0960–AH48 

Removal of Regulations on Black Lung 

Benefits 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: This final rule removes 

regulations on the Black Lung program 

from the Social Security 

Administration’s (SSA) chapter of the 

Code of Federal Regulations (CFR). The 

Black Lung Consolidation of 

Administrative Responsibility Act 

transferred the responsibility for 

administering Part B of the Black Lung 

benefits program from SSA to the 

Department of Labor (DOL), and we are 

removing the regulations in recognition 

of the fact that we are no longer 

responsible for administering any aspect 

of the Part B Black Lung program. DOL 

concurs with this final rule removing 

the regulations. 

DATES: This final rule is effective March 

30, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Martin Sussman, Social Security 

Administration, Office of Regulations, 

6401 Security Boulevard, Baltimore, MD 

21235–6401, (410) 965–1767. For 

information on eligibility or filing for 

benefits, call our national toll-free 

number, 1–800–772–1213 or TTY 1– 

800–325–0778, or visit our Internet site, 

Social Security Online, at http:// 

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Brief History of SSA’s Portion of the 

Black Lung Part B Program 

The Federal Coal Mine Health and 

Safety Act (FMHSA) of 1969 established 

the Black Lung program to pay monthly 

benefits to coal miners, their survivors, 

and dependents if the miner was 

disabled by or died due to 

pneumoconiosis. The FMHSA, as 

amended, established two program 

parts. Part B, administered by SSA, 

governs miners’ and survivors’ claims 

filed through June 30, 1973. For those 

claims awarded, Part B also governs 

claims filed by certain survivors of these 

beneficiaries. Part C, administered by 

DOL, governs all other claims. In 2002, 

Congress enacted the Black Lung 

Consolidation of Administrative 

Responsibility Act (Pub. L. 107–275), 

which formally transferred all 

responsibility for administering the 

Black Lung program to DOL beginning 

January 31, 2003. 

Thus, because we no longer have 

responsibility for administering the 

Black Lung Part B program, we are 

removing the pertinent regulations from 

our chapter of the CFR. DOL concurs 

with this final rule removing these 

regulations from our chapter of the CFR, 

and concurs that this action does not 

affect the substantive rights of 

individuals claiming benefits under the 

Black Lung Part B program. 

Regulatory Procedures 

We follow the Administrative 

Procedure Act (APA) rulemaking 

procedures specified in 5 U.S.C. 553 

when we develop regulations. 

Generally, the APA requires that an 

agency provide prior notice and 

opportunity for public comment before 

issuing a final rule. The APA provides 

exceptions to its notice and public 

comment procedures when an agency 

finds good cause for dispensing with 

such procedures because they are 

impracticable, unnecessary, or contrary 

to the public interest.1

We find that good cause exists for 

proceeding without prior public notice 

and comment in this instance. As 

discussed above, the change we are 

making in this final rule does not affect 

the substantive rights of individuals 

claiming benefits under the Black Lung 

Part B program. Rather, the change 

simply reflects Congress’ decision in the 

Black Lung Consolidation of 

Administrative Responsibility Act to 

transfer responsibility for 

administration of the Black Lung Part B 

program from SSA to DOL. Accordingly, 

we find that prior public comment 

would be unnecessary in this instance. 

In addition, for the reasons cited 

above, we also find good cause for 

dispensing with the 30-day delay in the 

effective date of this rule.2 Since the 

change we are making to this rule 

merely recognizes that we are no longer 

responsible for administering any aspect 

of the Part B Black Lung program, we 

find that it is contrary to the public 

interest to delay the effective date of our 

rule. Accordingly, we are making this 

rule effective upon publication. 

Executive Order 12866, as 

Supplemented by Executive Order 

13563 

We have consulted with the Office of 

Management and Budget (OMB) and 

determined that this final rule does not 

meet the criteria for a significant 

regulatory action under Executive Order 

12866, as supplemented by Executive 

Order 13563. Thus, it was not subject to 

OMB review. 

Regulatory Flexibility Act 

We certify that this final rule will not 

have a significant economic impact on 

a substantial number of small entities, 

as it affects individuals only. Therefore, 

a regulatory flexibility analysis is not 

required under the Regulatory 

Flexibility Act, as amended. 

Paperwork Reduction Act 

This final rule imposes no reporting 

or recordkeeping requirements subject 

to OMB clearance. 

Michael J. Astrue, 

Commissioner of Social Security. 

For the reasons set out in the 

preamble, under the authority of section 

702(a)(5) of the Social Security Act, 42 

U.S.C. 902(a)(5), and Public Law 107– 

275, we amend 20 CFR chapter III, part 

410, as set forth below: 

PART 410 [Removed] 

■ 1. Remove part 410. 

[FR Doc. 2012–7672 Filed 3–29–12; 8:45 am] 

BILLING CODE 4191–02–P 


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