16690 Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Rules and Regulations

10See, e.g., CFTC Advisory No. 90–1 [1987–1990

Transfer Binder] Comm. Fut. L. Rep. (CCH) ¶ 24,597

(disclosure statement related to the deferred

payment of option premiums).

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. 33–7394 (February 21,

1997) [62 FR 8877], and became effective on March

10, 1997. On March 19, 1997, the Commission

issued a release correcting and delaying the

implementation of the EDGAR Filer Manual. See

Release No. 33–7405 (March 19, 1997) 62 FR 13820

(March 24, 1997).

statements mandated by Commission rules

30.6(a) [i.e., 1.55(a)] and 33.7 (see rule

30.6(d)), Commission rule 190.10 (c)(2) and

applicable Commission orders, as

appropriate.10

Upon filing of the notice required

under paragraph (1)(b) as to any such

firm, the rule 30.10 relief granted by this

Order may be suspended immediately

as to that firm. That suspension will

remain in effect pending further notice

by the Commission, or the

Commission’s designee, to the firm and

the Exchange and/or any applicable

regulatory or self-regulatory

organization.

Any material changes or omissions in

the facts and circumstances pursuant to

which this Order is granted might

require the Commission to reconsider its

finding that the standards for issuance

of an order under Commission rule

30.10, including Appendix A of rule

30.10, have generally been satisfied.

Further, if experience demonstrates

that the continued effectiveness of this

Order in general, or with respect to a

particular firm or product, 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 firm or

product, 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 and options.

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: Secs. 2(a)(1)(A), 4, 4c, and 8a of

the Commodity Exchange Act, 7 U.S.C. 2, 6,

6c, and 12a.

2. Appendix C to part 30 is amended

by adding the following entry to read as

follows:

Appendix C—Foreign Petitioners

Granted Relief From the Application of

Certain of the Part 30 Rules Pursuant to

§ 30.10

* * * * *

Firms designated by the MEFF Sociedad

Rectora de Productos Financieros Derivados

de Renta Variable (‘‘MEFF Renta Variable.’’)

FR date and citation: llllllll,

1997, llllllllFRllllllll.

Issued in Washington, D.C., on April 1,

1997.

Jean A. Webb,

Secretary to the Commission.

Exhibit A—Form of Consent to

Undertake Mediation Prior to NFA

Arbitration

In the event that a dispute arises between

you [name of customer resident in the United

States] and [name of MEFF Renta Variable

member firm] with respect to transactions

subject to Part 30 of the Commodity Futures

Trading Commission’s rules, various forums

may be available for resolving the dispute,

including courts of competent jurisdiction in

the United States and Spain and arbitration

programs made available both in the United

States and Spain.

In the event you wish to initiate an

arbitration proceeding against this firm to

resolve such dispute under the applicable

rules of the National Futures Association

(‘‘NFA’’) in the United States, you hereby

consent that you will first commence

mediation in accordance with such

procedures as may be made available by the

MEFF Sociedad Rectora de Productos

Financieros Derivados de Renta Variable

(‘‘MEFF Renta Variable’’ or ‘‘Exchange’’),

information on which is provided to you

herewith. The outcome of such MEFF Renta

Variable mediation is nonbinding. You may

subsequently accept this resolution, or you

may proceed either to binding arbitration

under the rules of the MEFF Renta Variable

or to binding arbitration in the United States

under the rules of NFA. If you accept the

mediated resolution or elect to proceed to

arbitration, or to any other form of binding

resolution under the rules of the Exchange,

you will be precluded from subsequently

initiating an arbitration proceeding at NFA.

You may initiate an NFA arbitration

proceeding upon receipt of documentation

from MEFF Renta Variable:

(1) Evidencing completion of the mediation

process and reminding you of your right of

access to NFA’s arbitration proceeding; or

(2) Representing that more than nine

months have elapsed since you commenced

the mediation process and that such process

is not yet complete and reminding you of

your right of access to NFA’s arbitration

proceeding.

The documentation referred to above must

be presented to NFA at the time you initiate

the NFA arbitration proceeding. NFA will

exercise its discretion not to accept your

demand for arbitration absent such

documentation.

By signing this consent you are not

waiving any other right to any other legal

remedies available under the law.

lllllllllllllllllllll

Customer

lllllllllllllllllllll

Date

[FR Doc. 97–8872 Filed 4–7–97; 8:45 am]

BILLING CODE 6351–01–P

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Part 232

[Release Nos. 33–7411; 34–38465; 35–

26699; 39–2351; IC–22595]

RIN 3235–AG96

Adoption of Updated EDGAR Filer

Manual; Correction and Further Delay

of Implementation

AGENCY: Securities and Exchange

Commission.

ACTION: Final rule; correction and

further delay of implementation.

SUMMARY: The Commission is

postponing the implementation of an

updated edition of the EDGAR Filer

Manual which was published in the

Federal Register on February 27, 1997

(62 FR 8877) and March 24, 1997 (62 FR

13820) in order to resolve technical

issues, resulting from a power outage,

that delayed system implementation

from March 24, 1997 to April 14, 1997

and is correcting a typographical error

in an instruction to the amendatory

language for § 232.301.

DATES: The correction to § 232.301 is

effective March 10, 1997. The

implementation of the new edition of

the EDGAR Filer Manual is delayed

until April 14, 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: On

February 21, 1997, the Commission

announced 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
Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Rules and Regulations 16691

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. 33–7394, 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.

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

A power outage that occurred at 4:30

a.m. on March 21, 1997 prevented

system implementation on March 24,

1997. The Commission, therefore, is

postponing the implementation of the

Filer Manual from March 24, 1997 to

April 14, 1997.

An incorrect page reference in the

March 24th issue is being corrected for

§ 232.301.

Need for Correction

As published, the correction to the

final regulations contains an error

which may prove to be misleading and

is in need of clarification.

Correction of Publication

Accordingly, the publication of March

24, 1997 of the final regulations, which

were the subject of FR Doc. No. 97–

7340, is corrected as follows:

§ 232.301 [Corrected]

On page 13821, second column, in the

amendatory instruction to § 232.301,

first line, page ‘‘8876’’ is corrected to

read ‘‘8878’’.

Dated: April 2, 1997.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 97–8874 Filed 4–7–97; 8:45 am]

BILLING CODE 8010–01–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 216

[DoD Directive 1322.13]

RIN 0790–AG42

Military Recruiting and Reserve Officer

Training Corps Program Access to

Institutions of Higher Education

AGENCY: Office of the Secretary,

Department of Defense.

ACTION: Interim rule.

SUMMARY: The Department of Defense

adopts this interim rule to implement

the National Defense Authorization Act

of 1995, National Defense Authorization

Act for Fiscal Year 1996, and the

Omnibus Consolidated Appropriations

Act, 1997 which state that no funds

available under appropriations acts for

any fiscal year for the Departments of

Defense, Transportation (with respect to

recruiting), Labor, Health and Human

Services, Education, and Related

Agencies may be provided by contract

or grant (including a grant of funds to

be available for student aid) to a covered

school that has a policy or practice

(regardless of when implemented) that

either prohibits, or in effect prevents,

the Secretary of Defense from obtaining,

for military recruiting purposes, entry to

campuses, access to students on

campuses, access to directory

information on students or that has an

anti-ROTC policy. The rule implements

the law. The Department invites the

public to comment on this interim rule.

It will consider these comments in

issuing the final rule.

DATES: This interim rule is effective

March 29, 1997. Comments must be

received by July 7, 1997.

ADDRESSES: Forward comments to the

Director for Accession Policy, Office of

the Assistant Secretary of Defense for

Force Management Policy, 4000 Defense

Pentagon, Washington, DC 20301–4000.

FOR FURTHER INFORMATION CONTACT:

William J. Carr, (703) 697–8444.

SUPPLEMENTARY INFORMATION: The

Secretary is interested in establishing

sound procedures to implement current

statutes, while keeping the regulatory

burden to the minimum necessary to

carry out the congressional intent.

To that end, the Department

developed this rule in consultation with

other Federal agencies, including the

Departments of Education, Labor,

Transportation, and Health and Human

Services. Informal discussions were

held with a variety of education

associations, and advocates of

institutions of higher education. This

rule incorporates many of the comments

and suggestions offered by those

organizations and entities. Agencies

affected by this rule will continue to

coordinate as they implement its

provisions.

The part defines the criteria for

determining whether an institution of

higher education has a policy or

practice prohibiting or preventing the

Secretary of Defense from maintaining,

establishing, or efficiently operating a

Senior ROTC unit; or has a policy of

denying military recruiting personnel

entry to campuses, access to students on

campuses, or access to directory

information on students. Current

statutes establish that institutions of

higher education having such policies

or practices are ineligible for certain

Federal funding. The statutes are the

National Defense Authorization Act of

1995, 10 U.S.C. 983, and the Omnibus

Consolidated Appropriations Act, 1997.

The determination of the ability to

‘efficiently’ operate an ROTC unit

generally refers to an expectation that

the ROTC Department would be treated

on a par with other academic

departments; as such, it would not be

singled out for actions that would

unreasonably impede access to students

(and vice versa) or unreasonably restrict

its operations.

The part also defines the procedures

that would be followed in evaluating

recommendations for such a

determination. When a component of

the Department of Defense (DoD

component) believes that policies or

practices of an institution of higher

education might require such a

determination, that component is

required to confirm the institution’s

policy in consultation with the

institution. If that exchange suggests

that the policy or practice would trigger

a denial of funding, as required by law,

the supporting facts would be forwarded

through Department of Defense

channels to the decision authority, who

is the Assistant Secretary of Defense for

Force Management Policy (ASD(FMP)).

The Department has provided

definitions to which it especially invites

attention, since those definitions are

intended to inform the reader of the

specific meaning of significant words

used in this rule.

More specifically, in carrying out

their customary activities, DoD

components must identify any

institutions of higher education that, by

policy or practice, deny military

recruiting personnel entry to the

campus(es) of those schools, access to

their students, or access to student