23110 Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Rules and Regulations 

8 5 U.S.C. 553(b)(A). 

9 5 U.S.C. 601 through 612. 

10 5 U.S.C. 804(3)(C). 

11 5 U.S.C. 553(d)(3). 

12 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a). 

13 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78o–4, 78w, 

and 78ll. 

14 15 U.S.C. 77sss. 

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

End Information’’ field on Item 1, Part 

I of the form. 

• On September 20, 2021, EDGAR 

Release 21.3 introduced the following 

change: 

• In Rule 34–87005, Recordkeeping 

and Reporting Requirements for 

Security-Based Swap Dealers, Major 

Security-Based Swap Participants, and 

Broker-Dealers, the Commission 

adopted a revised version of Form X– 

17A–5 Part III. In accordance with these 

rules, EDGAR was updated to allow 

Form X–17A–5 Part III to be filed by two 

new classes of registrants (securitybased swap dealers and major securitybased swap participants). These changes 

were deployed in Release 21.3.1 on 

October 6, 2021. 

IV. Amendments to Rule 301 of 

Regulation S–T 

Along with the adoption of the 

updated 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 the 

current 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. 

The updated EDGAR Filer Manual is 

available at https://www.sec.gov/edgar/ 

filer-information/current-edgar-filermanual. Typically, the EDGAR Filer 

Manual is also available for website 

viewing and printing in the 

Commission’s Public Reference Room, 

100 F Street NE, Room 1580, 

Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. Operating conditions 

may limit access to the Commission’s 

Public Reference Room. 

V. Administrative Law Matters 

Because the Filer Manual, and rule 

amendments, relate solely to agency 

procedures or practice and do not 

substantially alter the rights and 

obligations of non-agency parties, 

publication for notice and comment is 

not required under the Administrative 

Procedure Act (‘‘APA’’).8 It follows that 

the amendments do not require analysis 

under requirements of the Regulatory 

Flexibility Act 9 or a report to Congress 

under the Small Business Regulatory 

Enforcement Fairness Act of 1996.10

The effective date for the updated 

Filer Manual and related rule 

amendments is April 19, 2022. In 

accordance with the APA,11 we find that 

there is good cause to establish an 

effective date less than 30 days after 

publication of these rules. 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 related 

system upgrades. 

VI. Statutory Basis 

We are adopting the amendments to 

Regulation S–T under the authority in 

Sections 6, 7, 8, 10, and 19(a) of the 

Securities Act of 1933,12 Sections 3, 12, 

13, 14, 15, 15B, 23, and 35A of the 

Securities Exchange Act of 1934,13

Section 319 of the Trust Indenture Act 

of 1939,14 and Sections 8, 30, 31, and 38 

of the Investment Company Act of 

1940.15

List of Subjects in 17 CFR Part 232 

Incorporation by reference, Reporting 

and recordkeeping requirements, 

Securities. 

Text of the Amendments 

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 general authority citation for 

part 232 continues to read as follows: 

Authority: 15 U.S.C. 77c, 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, 7201 et seq.; and 18 U.S.C. 

1350, unless otherwise noted. 

* * * * * 

■ 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 forth the 

technical formatting requirements for 

electronic submissions. The 

requirements for becoming an EDGAR 

Filer and updating company data are set 

forth in the EDGAR Filer Manual, 

Volume I: ‘‘General Information,’’ 

Version 40 (March 2022). The 

requirements for filing on EDGAR are 

set forth in the updated EDGAR Filer 

Manual, Volume II: ‘‘EDGAR Filing,’’ 

Version 61 (March 2022). 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. The EDGAR Filer Manual is 

available at https://www.sec.gov/edgar/ 

filer-information/current-edgar-filermanual. Typically, the EDGAR Filer 

Manual is also available for website 

viewing and printing in the 

Commission’s Public Reference Room, 

100 F Street NE, Washington, DC 20549, 

on official business days between the 

hours of 10 a.m. and 3 p.m. Operating 

conditions may limit access to the 

Commission’s Public Reference Room. 

You can also inspect the document at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, email fr.inspection@

nara.gov, or go to: https://

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

By the Commission. 

Dated: March 21, 2022. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2022–08232 Filed 4–18–22; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 586 

[Docket No. NHTSA–2021–0006] 

RIN 2127–AL77 

Vehicle Identification Number (VIN) 

Requirements; Manufacturer 

Identification; Certification; Replica 

Motor Vehicles; Importation of 

Vehicles and Equipment Subject to 

Federal Safety, Bumper, and Theft 

Prevention Standards 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Correcting amendment. 

SUMMARY: On March 9, 2022, the 

NHTSA issued regulations 

implementing the Replica Motor 

Vehicle program. That document 

included an incorrectly designated 

paragraph in the final regulatory text for 

the section titled ‘‘Temporary labels.’’ 

This document corrects the final 

regulatory text. 

DATES: Effective April 19, 2022. 


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Federal Register / Vol. 87, No. 75 / Tuesday, April 19, 2022 / Rules and Regulations 23111 

FOR FURTHER INFORMATION CONTACT: For 

further information you may contact Ms. 

Callie Roach, telephone 202–597–1312, 

Callie.Roach@dot.gov; Mr. Daniel 

Koblenz, telephone 202–366–5329, 

Daniel.Koblenz@dot.gov; Office of the 

Chief Counsel. The mailing address of 

these officials is: National Highway 

Traffic Safety Administration, 1200 New 

Jersey Avenue SE, West Building, 

Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: This 

document makes a correction to final 

regulatory text that was published in the 

Federal Register on March 9, 2022 (87 

FR 13209). 

List of Subjects in 49 CFR Part 586 

Labeling, Motor vehicle safety, 

Replica motor vehicles, Reporting and 

recordkeeping requirements. 

In consideration of the foregoing, 

NHTSA corrects 49 CFR part 586 as 

follows: 

PART 586—REPLICA MOTOR 

VEHICLES 

■ 1. The authority citation for part 586 

continues to read as follows: 

Authority: 49 U.S.C. 30112 and 30114; 

delegation of authority at 49 CFR 1.95. 

§ 586.11 [Amended] 

■ 2. In § 586.11, redesignate paragraph 

(b)(3) as paragraph (c). 

Issued under authority delegated in 49 CFR 

part 1.95 and 49 CFR 501.8. 

Raymond R. Posten, 

Associate Administrator for Rulemaking. 

[FR Doc. 2022–08289 Filed 4–18–22; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 217 

[Docket No. 220413–0096] 

RIN 0648–BK97 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Russian River Estuary 

Management Activities 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; notification of 

issuance of Letter of Authorization. 

SUMMARY: NMFS, upon request from the 

Sonoma County Water Agency (SCWA), 

hereby issues regulations to govern the 

unintentional taking of marine 

mammals incidental to Russian River 

estuary management activities in 

Sonoma County, California, over the 

course of five years (2022–2027). These 

regulations, which allow for the 

issuance of Letters of Authorization 

(LOA) for the incidental take of marine 

mammals during the described activities 

and specified timeframes, prescribe the 

permissible methods of taking and other 

means of effecting the least practicable 

adverse impact on marine mammal 

species or stocks and their habitat, as 

well as requirements pertaining to the 

monitoring and reporting of such taking. 

DATES: Effective from April 21, 2022, 

through April 20, 2027. 

ADDRESSES: A copy of SCWA’s 

application and supporting documents, 

as well as a list of the references cited 

in this document, may be obtained 

online at: www.fisheries.noaa.gov/ 

action/sonoma-county-water-agencysestuary-management-activities-sonomacounty-california-2022. In case of 

problems accessing these documents, 

please call the contact listed below. 

FOR FURTHER INFORMATION CONTACT: Ben 

Laws, Office of Protected Resources, 

NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Purpose and Need for Regulatory 

Action 

We received an application from 

SCWA requesting 5-year regulations and 

authorization to take multiple species of 

marine mammals. This rule establishes 

a framework under the authority of the 

MMPA (16 U.S.C. 1361 et seq.) to allow 

for the authorization of take by Level B 

harassment of marine mammals 

incidental to SCWA’s estuary 

management activities at the mouth of 

the Russian River in Sonoma County, 

CA. Please see ‘‘Background’’ below for 

definitions of harassment. 

Legal Authority for the Proposed Action 

Section 101(a)(5)(A) of the MMPA (16 

U.S.C. 1371(a)(5)(A)) directs the 

Secretary of Commerce to allow, upon 

request, the incidental, but not 

intentional taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region for up to five years 

if, after notice and public comment, the 

agency makes certain findings and 

issues regulations that set forth 

permissible methods of taking pursuant 

to that activity and other means of 

effecting the ‘‘least practicable adverse 

impact’’ on the affected species or 

stocks and their habitat (see the 

discussion below in the Mitigation 

section), as well as monitoring and 

reporting requirements. Section 

101(a)(5)(A) of the MMPA and the 

implementing regulations at 50 CFR part 

216, subpart I provide the legal basis for 

issuing this rule containing five-year 

regulations, and for any subsequent 

LOAs. As directed by this legal 

authority, this rule contains mitigation, 

monitoring, and reporting requirements. 

Summary of Major Provisions Within 

the Regulations 

Following is a summary of the major 

provisions of this rule regarding 

SCWA’s estuary management activities. 

These measures include: 

• Measures to minimize the number 

and intensity of incidental takes during 

sensitive times of year and to minimize 

the duration of disturbances. 

• Measures designed to eliminate 

startling reactions. 

• Eliminating or altering management 

activities on the beach when pups are 

present, and by setting limits on the 

frequency and duration of events during 

pupping season. 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. Sections 101(a)(5)(A) and 

(D) of the MMPA (16 U.S.C. 1361 et 

seq.) direct the Secretary of Commerce 

(as delegated to NMFS) to allow, upon 

request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

incidental take authorization may be 

provided to the public for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of the species or stocks for 

taking for certain subsistence uses 

(referred to as ‘‘mitigation’’); and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

the takings are set forth. The definitions 


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