Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations 17595 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

written data, views, or arguments 

regarding this AD. Send your comments 

to an address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2009–0350; 

Directorate Identifier 2009–SW–07–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the AD. We will consider all comments 

received by the closing date and may 

amend the AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this AD. Using the 

search function of our docket web site, 

you can find and read the comments to 

any of our dockets, including the name 

of the individual who sent the 

comment. You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that the regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. 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. 

We prepared an economic evaluation 

of the estimated costs to comply with 

this AD. See the AD docket to examine 

the economic evaluation. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, 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 

a new airworthiness directive to read as 

follows: 

2009–07–52 Bell Helicopter Textron 

Canada Limited: Amendment 39–15885. 

Docket No. FAA–2009–0350, Directorate 

Identifier 2009–SW–07–AD. Supersedes 

AD 2009–07–51, Directorate Identifier 

2009–SW–06–AD. 

Applicability: Bell Model 206A series, 

206B series, and 206L series helicopters with 

a cyclic control lever assembly (lever 

assembly), part number (P/N) 206–001–401– 

111, 206–001–400–115, or 206–001–400–111, 

with less than 50 hours time-in-service (TIS) 

and Model 407 and 427 helicopters with a 

lever assembly, P/N 407–001–320–105 or 

407–001–320–109, with less than 50 hours 

TIS, certificated in any category. 

Compliance: Required before further flight, 

unless accomplished previously. 

To prevent failure of a bearing, failure of 

the lever assembly, and subsequent loss of 

control of the helicopter, do the following: 

(a) Inspect the lever assembly and 

determine if the bearing, P/N 206–301–051– 

101, is correctly installed and properly 

staked in the lever assembly. 

(b) Replace any bearing that is incorrectly 

installed or improperly staked in the lever 

assembly. 

Note 1: Bell Alert Service Bulletin (ASB) 

No. 206–09–121 for the Model 206A and 

206B series, No. 206L–09–155 for the Model 

206L series, No. 407–09–85 for the Model 

407, and No. 427–09–23, for the Model 427, 

pertain to the subject of this AD. All of the 

ASBs are dated March 10, 2009. 

(c) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Safety 

Management Group, FAA, ATTN: Sharon 

Miles, Aviation Safety Engineer, Rotorcraft 

Directorate, Fort Worth, Texas 76193–0111, 

telephone (817) 222–5122, fax (817) 222– 

5961, for information about previously 

approved alternative methods of compliance. 

(d) Special flight permits will not be 

issued. 

(e) This amendment becomes effective on 

May 1, 2009, to all persons except those 

persons to whom it was made immediately 

effective by Emergency AD 2009–07–52, 

issued March 19, 2009, which contained the 

requirements of this amendment. 

Note 2: The subject of this AD is addressed 

in Transport Canada AD CF–2009–10, dated 

March 12, 2009. 

Issued in Fort Worth, Texas, on April 9, 

2009. 

Mark R. Schilling, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–8573 Filed 4–15–09; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 232 

[Release Nos. 33–9022; 34–59728; 39–2464; 

IC–28691] 

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 

update EDGAR to support the potential 

rule where domestic and foreign large 

accelerated filers that use U.S. Generally 

Accepted Accounting Principles 

(GAAP) would provide to the 

Commission a new exhibit to their 

filings for their reporting periods that 

end as per the details specified in the 

final eXtensible Business Reporting 

Language (XBRL) rule. The revisions to 

the Filer Manual reflect changes within 

Volume II entitled EDGAR Filer Manual, 

Volume II: ‘‘EDGAR Filing,’’ Version 10 

(December 2008). The updated manual 


tjames on PRODPC75 with RULES
17596 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations 

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 September 24, 2008. See Release No. 33– 

8956 (September 18, 2008) [73 FR 54943]. 

2This is the filer assistance software we provide 

filers filing on the EDGAR system. 

3See Rule 301 of Regulation S–T (17 CFR 

232.301). 

4See Release No. 33–8956 (September 18, 2008) 

[73 FR 54943] in which we implemented EDGAR 

Release 9.13. For a complete history of Filer Manual 

rules, please see the cites therein. 

5The Commission also proposed to tag mutual 

fund risk/return summaries using XBRL. See 

Interactive Data for Mutual Fund Risk/Return 

Summary (Proposing Release No. 33–8929). We are 

not proposing changes to the EDGAR Filer Manual 

for the mutual fund XBRL rule at this time, because 

it is anticipated that compliance with the rules will 

not be required until 2010. The EDGAR Filer 

Manual will be updated, to the extent necessary, 

before the compliance date for the mutual fund 

XBRL rule. 

will be incorporated by reference into 

the Code of Federal Regulations. 

DATES: Effective Date: April 16, 2009. 

The incorporation by reference of the 

EDGAR Filer Manual is approved by the 

Director of the Federal Register as of 

April 16, 2009. 

FOR FURTHER INFORMATION CONTACT: In 

the Office of Information Technology, 

Rick Heroux, at (202) 551–8800; in the 

Office of Interactive Disclosure for 

questions concerning the XBRL mandate 

contact Jeffrey Naumann, Assistant 

Director of the Office of Interactive 

Disclosure, at (202) 551–5352; in the 

Division of Corporation Finance for 

questions regarding rescinded form 

types and Form D screen changes 

contact Gerry Laporte, Chief, Office of 

Small Business Policy, at (202) 551– 

3465, the addition of submission form 

types SH–ER, SH–ER/A, SH–NT, and 

SH–NT/A, contact Nicholas P. Panos, 

Office of Mergers and Acquisitions, 

Senior Special Counsel, at (202) 551– 

3266, and changes to 8–K item 

descriptions, contact Cecile Peters, 

Office of Information Technology, Office 

Chief, at (202) 551–8135; and in the 

Division of Trading and Markets for the 

addition of FINRA and ARCA as new 

Self-Regulatory Organizations (SRO) 

and Thrift Supervision (OTS) as a new 

Appropriate Regulatory Agency (ARA) 

contact Carol Charnock, Regulation 

Specialist, at (202) 551–5542. 

SUPPLEMENTARY INFORMATION: Today we 

are adopting an updated EDGAR Filer 

Manual, 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 2 and the Online Forms/ 

XML Web site. 

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 

format.3 Filers may consult the Filer 

Manual in conjunction with our rules 

governing mandated electronic filing 

when preparing documents for 

electronic submission.4

In support of the potential rule 

regarding filing using XBRL and the 

other revisions being made, the EDGAR 

system is scheduled to be upgraded to 

Release 9.14 on December 15, 2008. 

Specifically for XBRL support, 

EDGARLink is being updated to allow 

domestic and foreign large accelerated 

filers that use U.S. Generally Accepted 

Accounting Principles (GAAP) to 

provide to the Commission a new 

exhibit to their filings for their reporting 

periods that end as per the details 

specified in the final eXtensible 

Business Reporting Language (XBRL) 

rule. All filings submitted to EDGAR 

must use the US GAAP 1.0 Final 

taxonomy. As part of this update, 

EDGAR will be performing a set of 

custom XBRL validation rules. Should a 

filing violate one of these rules, EDGAR 

will notify the filer. Submissions using 

the ICI taxonomies 5 and older versions 

of US GAAP taxonomy will not be 

validated using these additional rules. 

EDGARLink submission templates 1 

and 3 are also being updated to remove 

submission form types 10SB12B, 

10SB12B/A, 10SB12G, 10SB12G/A, 

10QSB, 10QSB/A, SB–1, SB–1/A, SB– 

1MEF, SB–2, SB–2/A, and SB–2MEF, 

implementing the Commission’s 

elimination of Forms SB–1, SB–2, 10– 

SB, 10–QSB, and 10–KSB in Release No. 

33–8876 (Dec. 19, 2007). EDGARLink 

submission template 3 was previously 

updated to add submission form types 

SH–ER, SH–ER/A, SH–NT, and SH–NT/ 

A. It is highly recommended that filers 

download, install, and use the new 

EDGARLink software and submission 

templates to ensure that submissions 

will be processed successfully. Previous 

versions of the templates may not work 

properly. Notice of the update has 

previously been provided on the 

EDGAR Filing Web site and on the 

Commission’s public Web site. The 

discrete updates are reflected on the 

EDGAR Filing Web site and in the 

updated Filer Manual, Volume II. 

The Commission will change the 8–K 

item 2.04 and 5.02 descriptions for 

submission form types 8–K, 8–K/A, 8– 

K12B, 8–K12B/A, 8–K12G3, 8–K12G3/ 

A, 8–K15D5, and 8–K15D5/A. Item 2.04 

will be called ‘‘Triggering Events That 

Accelerate or Increase a Direct Financial 

Obligation or an Obligation-under an 

Off-Balance Sheet Arrangement.’’ Item 

5.02 will be called ‘‘Departure of 

Directors or Certain Officers; Election of 

Directors; Appointment of Certain 

Officers; Compensatory Arrangements of 

Certain Officers.’’ 

Some Form D screen elements and 

Form D functionality will be updated. 

The Form D online application can be 

accessed from the EDGAR OnlineForms/ 

XML Web site (https:// 

www.onlineforms.edgarfiling.sec.gov) by 

logging in and selecting the ‘‘File Form 

D’’ link. Filers can also log in by 

clicking the ‘‘Would you like to File a 

Form D?’’ link from the EDGAR Portal 

Web site (http:// 

www.portal.edgarfiling.sec.gov). The 

changes will be as follows: 

The Form D–OMB Approval 

information will be corrected to reflect 

the estimated average burden hours per 

response to be 4.0. 

• The ‘‘Accept’’ and ‘‘Decline’’ 

buttons on the signature page will be 

removed. When a filer clicks the Submit 

button, each issuer identified is 

acknowledging that the contents of the 

filing are true. 

• The menu on the left side of the 

Form D screen will be updated from 

‘‘FORM D SECTIONS’’ to ‘‘FORM D 

ITEMS.’’ 

• Item 7—‘‘Type of Filing’’ will be 

updated so that the ‘‘Date of First Sale’’ 

will be enabled when the filing is an 

amendment of a previous filing. 

• Item 6 and Item 9: A warning 

message will appear when a filer unchecks ‘‘Pooled Investment Fund.’’ 

Pooled Investment Fund will be 

automatically checked by the system in 

Item 9 when the filer selects Investment 

Company Act Section 3(c) in Item 6. 

• The Print screen, Form Description 

box will be updated to reflect that Form 

D is entitled ‘‘Notice of Exempt Offering 

of Securities.’’ 

The SRO options list in EDGARLink 

submission template 1, 2, and 3 will be 

updated to include FINRA and ARCA. 

The EDGARLite Form TA–2 (Annual 

Report of Transfer Agent activities filed 

pursuant to the Securities Exchange Act 

of 1934) is being updated to add the 

‘‘Office of Thrift Supervision’’ to the 

option list of Appropriate Regulatory 

Agency (ARA). Validations associated 

with ARA value and the registrants file 

number will be added for the ‘‘Office of 

Thrift Supervision’’ such that the file 

number prefix must be ‘‘085–’’ and file 

number sequence number must be 


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Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations 17597 

6 5 U.S.C. 553(b). 

7 5 U.S.C. 601–612. 

8 5 U.S.C. 553(d)(3). 

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. 77sss. 

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

between 10000 and 14999. In addition, 

the validation for the ‘‘Comptroller of 

the Currency’’ will be modified such 

that the file number prefix must begin 

with ‘‘085’’ and have a sequence 

number between 10000 and 14999. 

The EDGARLite Form TA–W (Notice 

of Withdrawal from Registration as 

Transfer Agent) OMB expiration date 

displayed will be corrected to be ‘‘July 

30, 2011.’’ 

Along with 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 1520, 

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. 

You may also obtain copies from 

Thomson Financial, the paper 

document 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).6 It follows that 

the requirements of the Regulatory 

Flexibility Act 7 do not apply. 

The effective date for the updated 

Filer Manual and the rule amendments 

is April 16, 2009. In accordance with 

the APA,8 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 9.14 is scheduled to become 

available on December 15, 2008. 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 

1933,9 Sections 3, 12, 13, 14, 15, 23, and 

35A of the Securities Exchange Act of 

1934,10 Section 319 of the Trust 

Indenture Act of 1939,11 and Sections 8, 

30, 31, and 38 of the Investment 

Company Act of 1940.12

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 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 5 (September 

2008). The requirements for filing on 

EDGAR are set forth in the updated 

EDGAR Filer Manual, Volume II: 

‘‘EDGAR Filing,’’ Version 10 (December 

2008). Additional provisions applicable 

to Form N–SAR filers are set forth in the 

EDGAR Filer Manual, Volume III: ‘‘N– 

SAR Supplement,’’ Version 1 

(September 2005). 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 

Room, U.S. Securities and Exchange 

Commission, 100 F Street, NE., Room 

1520, 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. 

Dated: April 8, 2009. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–8589 Filed 4–15–09; 8:45 am] 

BILLING CODE 8010–02–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

RIN 1205–AB55 

Temporary Agricultural Employment of 

H–2A Aliens in the United States 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Interim Final Rule. 

SUMMARY: The Department of Labor 

(‘‘Department’’ or ‘‘DOL’’) is amending 

its regulations to extend the transition 

period of the application filing 

procedures currently in effect for all H– 

2A employers with a date of need on or 

before July 1, 2009, as established in the 

H–2A Final Rule published on 

December 18, 2008 and in effect as of 

January 17, 2009. The transition period 

is extended to include all employers 

with a date of need on or before January 

1, 2010. 

DATES: This Interim Final Rule is 

effective April 16, 2009. The grounds for 

making the rule effective upon 

publication in the Federal Register are 

set forth in SUPPLEMENTARY INFORMATION

below. Interested persons are invited to 

submit written comments on the Interim 

Final Rule on or before May 18, 2009. 

ADDRESSES: You may submit comments, 

identified by Regulatory Information 

Number (RIN) 1205–AB55, by any one 

of the following methods: 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov: Follow the Web 

site instructions for submitting 

comments. 


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