Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Rules and Regulations 27691

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]. Updates to the Filer Manual were adopted

in July and September of 1994, and January of 1995.

Release No. 33–7073 (July 8, 1994) [59 FR 36262],

Release No. 33–7094 [59 FR 49572] and Release No.

33–7123 [59 FR 68068], respectively.

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

232.301).

3See 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), in which the Commission

made the EDGAR rules final and applicable to all

domestic registrants and adopted minor

amendments to the EDGAR rules.

4Securities Act Release No. 7168 (May 11, 1995)

[60 FR 26604]. Additional programming related to

this rulemaking will be completed at a later date.

Notice will be provided in the SEC News Digest and

the Federal Register, and on the EDGAR Bulletin

Board.

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

6 5 U.S.C. 601–612.

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

PART 305—[AMENDED]

1. The authority citation for part 305

continues to read as follows:

Authority: 42 U.S.C. 6294.

2. Appendix F to Part 305 is revised

to read as follows:

Appendix F to Part 305—Clothes

Washers

Range Information

‘‘Compact’’ includes all household

clothes washers with a tub capacity of

less than 1.6 cu. ft. or 13 gallons of

water.

‘‘Standard’’ includes all household

clothes washers with a tub capacity of

1.6 cu. ft. or 13 gallons of water or more.

Capacity

Range of estimated annual

energy consumption (kWh/

yr.)

Low High

Compact:

Top Loading .................. 607 1226

Front Loading ................ (*) (*)

Standard:

Top Loading .................. 603 1818

Front Loading ................ 286 395

* No data submitted.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 95–12856 Filed 5–24–95; 8:45 am]

BILLING CODE 6750–01–M

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Part 232

[Release Nos. 33–7169; 34–35749; 35–

26294; 39–2331; IC–21085]

RIN 3235–AG10

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 DATES: The amendment to

Regulation S-T will be effective on June

7, 1995. The new edition of the EDGAR

Filer Manual (Release 4.30) will be

effective on June 7, 1995. The

incorporation by reference of the

EDGAR Filer Manual is approved by the

Director of the Federal Register as of

June 7, 1995.

FOR FURTHER INFORMATION CONTACT: In

the Office of Information Technology,

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

in the Division of Corporation Finance,

Sylvia J. Reis or Serena C. Swegle at

(202) 942–2940; in the Division of

Investment Management, Anthony A.

Vertuno at (202) 942–0591 or Ruth

Armfield Sanders at (202) 942–0633.

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

filing when preparing documents for

electronic submission.3 In this update,

new form types have been added in

order to implement solutions to

prospectus delivery issues arising in

connection with the change to T+3

securities transaction settlement.4 The

updated manual also contains some

minor additional changes to reflect

improvements requested by the filer

community and SEC staff, such as the

extension of the length of time that

temporary passwords remain active.

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 June 7, 1995.

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.5 It follows that the

requirements of the Regulatory

Flexibility Act 6 do not apply.

The changes in the Filer Manual are

effective June 7, 1995, in accordance

with the Administrative Procedure Act,

which allows for effectiveness in less

than 30 days after publication, if, inter

alia, ‘‘otherwise provided by the agency

for good cause found and published

with the rule.’’ 5 U.S.C 553(d)(3). The

Commission finds that there is good

cause for the updated Filer Manual to

become effective on June 7, 1995 since

the changes are designed to allow

market participants to comply with the

T+3 settlement cycle. The Commission

adopted final rules to facilitate

prospectus delivery within the T+3

settlement cycle. See Release No. 33–

7168 (May 11, 1995). Those rules, as

well as overall implementation of T+3

settlement, will become effective on

June 7, 1995. The changes made by the

updated Filer Manual are designed to

permit electronic filing of the

appropriate forms consistent with

Release No. 33–7168 (May 11, 1995).

Therefore, it is appropriate to make the

updated Filer Manual effective on the

same date as the newly adopted rules.

Moreover, effectiveness of the new rules

and the new Filer Manual on the same

date will ensure that potential market

disruption relating to prospectus

delivery would be avoided.

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 1933,7
27692 Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Rules and Regulations

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

9 15 U.S.C. 79t.

10 15 U.S.C. 77sss.

11 15 U.S.C. 80a–8, 80a–29, 80a–30 and 80a–37.

Sections 3, 12, 13, 14, 15, 23, and 35A

of the Securities Exchange Act of 1934,8

Section 20 of the Public Utility Holding

Company Act of 1935,9 Section 319 of

the Trust Indenture Act of 1939,10 and

Sections 8, 30, 31, and 38 of the

Investment Company Act of 1940.11

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 June 1995

edition of the EDGAR Filer Manual:

Guide for Electronic Filing with the U.S.

Securities and Exchange Commission

(Release 4.30) 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, 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: May 22, 1995.

By the Commission.

Jonathan G. Katz,

Secretary.

[FR Doc. 95–12846 Filed 5–23–95; 10:35 am]

BILLING CODE 8010–01–P

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 550

[BOP–1010–F; BOP–1034–I]

RIN 1120–AA16; RIN 1120–AA36

Drug Abuse Treatment Programs:

Early Release Consideration

AGENCY: Bureau of Prisons, Justice.

ACTION: Further issuance of interim rule

with request for comments.

SUMMARY: In this document, the Bureau

of Prisons is amending its rule on Drug

Abuse Treatment Programs in order to

allow for consideration of early release

of eligible inmates who complete a

residential drug abuse treatment

program. This amendment is necessary

to implement provisions of the Violent

Crime Control and Law Enforcement

Act of 1994. Further changes to the

regulations are being made for the sake

of clarification.

DATES: Effective June 26, 1995;

comments are due July 24, 1995.

ADDRESSES: Office of General Counsel,

Bureau of Prisons, HOLC Room 754, 320

First Street, NW., Washington, DC

20534.

FOR FURTHER INFORMATION CONTACT: Roy

Nanovic, Office of General Counsel,

Bureau of Prisons, phone (202) 514–

6655.

SUPPLEMENTARY INFORMATION: The

Bureau of Prisons is further amending

its regulations on Drug Abuse Treatment

Programs. A final rule on this subject

with interim provisions on eligibility

requirements for the residential and

nonresidential drug abuse treatment

programs was published in the Federal

Register on October 21, 1994. The

Bureau has received no comment on the

interim provisions, and the Bureau

therefore adopts those interim

provisions as final. For organizational

reasons, §§ 550.55, 550.56, 550.57, and

550.58 are being redesignated

respectively as §§ 550.56, 550.57,

550.55, and 550.59.

The Bureau, in this document, is also

issuing interim provisions intended to

implement Section 32001 of the Violent

Crime Control and Law Enforcement

Act of 1994. This section provides,

among other things, that the period a

prisoner convicted of a non-violent

offense remains in custody after

successfully completing a program of

residential substance abuse treatment

may be reduced by the Bureau of

Prisons, but such reduction may not be

more than one year from the term the

prisoner must otherwise serve.

New § 550.58 establishes procedures

to be used by the Bureau in determining

eligibility for early release and for

determination of the length of the

reduction in sentence. In keeping with

the statutory provision that possible

reduction in sentence is applicable to an

inmate convicted of a nonviolent

offense, an inmate whose current

offense falls under the definition in 18

U.S.C. 924(c)(3) of a crime of violence

is excluded from consideration. Under

this section, a crime of violence means

an offense that is a felony and has as an

element the use, attempted use, or

threatened use of physical force against

the person or property of another, or

that by its nature, involves a substantial

risk that physical force against the

person or property of another may be

used in the course of committing the

offense. Information contained in the

Presentence Investigation Report

ordinarily is sufficient to allow staff to

determine if the inmate’s committed

offense meets this definition of crime of

violence. In exercising the Bureau’s

discretion in reducing a sentence, the

Bureau shall also review the criminal

history of the inmate contained in the

Presentence Investigation Report, and

any inmate with a federal and/or state

conviction for homicide, forcible rape,

robbery, or aggravated assault shall also

be excluded from consideration.

Because state convictions may show a

considerable range in the degree of

violence used in the offense, the Bureau

has chosen to use the above cited

categories of crimes, which are reported

under the FBI Violent Crime Index, as

the sole determinant of violence in the

criminal history. Inmates in Bureau

custody who are not serving a sentence

for a federal offense (for example, INS

detainees, pretrial inmates, or

contractual boarders) are not eligible for

consideration of early release. An

inmate with an INS detainer, however,

may be eligible for consideration of

early release to the detainer. An inmate

eligible for parole is not eligible for

consideration for early release by the

Bureau; information concerning the

successful completion of a residential

drug abuse treatment program by a