35414 Federal Register / Vol. 87, No. 112 / Friday, June 10, 2022 / Rules and Regulations 

■ 22. Amend Form 6–K (referenced in 

§ 249.306) by: 

■ a. On the cover page removing the text 

‘‘Indicate by check mark if the registrant 

is submitting the Form 6–K in paper as 

permitted by Regulation S–T Rule 

101(b)(1): ll 

Note: Regulation S–T Rule 101(b)(1) 

only permits the submission in paper of 

a Form 6–K if submitted solely to 

provide an attached annual report to 

security holders. 

Indicate by check mark if the 

registrant is submitting the Form 6–K in 

paper as permitted by Regulation S–T 

Rule 101(b)(7): ll 

Note: Regulation S–T Rule 101(b)(7) 

only permits the submission in paper of 

a Form 6–K if submitted to furnish a 

report or other document that the 

registrant foreign private issuer must 

furnish and make public under the laws 

of the jurisdiction in which the 

registrant is incorporated, domiciled or 

legally organized (the registrant’s ‘‘home 

country’’), or under the rules of the 

home country exchange on which the 

registrant’s securities are traded, as long 

as the report or other document is not 

a press release, is not required to be and 

has not been distributed to the 

registrant’s security holders, and, if 

discussing a material event, has already 

been the subject of a Form 6–K 

submission or other Commission filing 

on EDGAR.’’; and 

■ b. Revising paragraph C(2) of the 

General Instructions; 

■ c. Revising paragraph C(3) of the 

General Instructions; and 

■ d. Adding paragraph C(7) of the 

General Instructions. 

The revisions and additions to read as 

follows: 

Note: The text of Form 6–K does not, and 

this amendment will not, appear in the Code 

of Federal Regulations. 

UNITED STATES SECURITIES AND 

EXCHANGE COMMISSION 

Washington, DC 20549 

FORM 6–K 

REPORT OF FOREIGN PRIVATE 

ISSUER PURSUANT TO RULES 13a–16 

OR 15d–16 UNDER THE SECURITIES 

EXCHANGE ACT OF 1934 

* * * * * 

GENERAL INSTRUCTIONS 

* * * * * 

C. * * * 

(2) An issuer may submit a Form 6– 

K in paper under a hardship exemption 

provided by Rules 201 or 202 of 

Regulation S–T (17 CFR 232.201 or 

232.202). 

Note to paragraph (2): An issuer that 

is or will be incorporating by reference 

all or part of an annual or other report 

to security holders, or of any part of a 

paper Form 6–K, into an electronic 

filing must file the incorporated portion 

in electronic format as an exhibit to the 

filing in accordance with Rule 303(b) of 

Regulation S–T (17 CFR 232.303(b)). 

(3) When submitting a Form 6–K in 

paper under a hardship exemption, an 

issuer must provide the appropriate 

legend required by either Rule 201(a)(2) 

or Rule 202(c) of Regulation S–T (17 

CFR 232.201(a)(2) or 232.202(c)) on the 

cover page of the Form 6–K. 

* * * * * 

(7) Annual Report to Security Holders. 

If General Instruction B of this form 

requires an issuer to furnish an annual 

report to security holders, the issuer 

shall satisfy this requirement by 

promptly submitting an English version 

of its annual report to security holders 

in electronic format in accordance with 

the EDGAR Filer Manual. 

* * * * * 

■ 23. Amend Form 10–K (referenced in 

§ 249.310) by revising paragraph (a) that 

follows the text ‘‘Supplemental 

Information to be Furnished With 

Reports Filed Pursuant to Section 15(d) 

of the Act by Registrants Which Have 

Not Registered Securities Pursuant to 

Section 12 of the Act’’. 

The revision reads as follows: 

Note: The text of Form 10–K does not, and 

this amendment will not, appear in the Code 

of Federal Regulations. 

(a) Except to the extent that the 

materials enumerated in (1) and/or (2) 

below are specifically incorporated into 

this Form by reference, every registrant 

which files an annual report on this 

Form pursuant to Section 15(d) of the 

Act must furnish to the Commission for 

its information at the time of filing its 

report on this form, an electronic 

submission in accordance with the 

EDGAR Filer Manual, of the following: 

* * * * * 

■ 24. Amend Form 11–K (referenced in 

§ 249.311) by: 

■ a. Revising General Instruction E; and 

■ b. Adding paragraph 5 of Required 

Information. 

The revisions and additions to read as 

follows: 

Note: The text of Form 11–K does not, and 

this amendment will not, appear in the Code 

of Federal Regulations. 

UNITED STATES SECURITIES AND 

EXCHANGE COMMISSION 

Washington, DC 20549 

FORM 11–K 

FOR ANNUAL REPORTS OF 

EMPLOYEE STOCK PURCHASE, 

SAVINGS AND SIMILAR PLANS 

PURSUANT TO SECTION 15(d) OF 

THE SECURITIES EXCHANGE ACT OF 

1934 

* * * * * 

GENERAL INSTRUCTIONS 

* * * * * 

E. Electronic Filers 

Reports on this Form must be filed in 

electronic format. See Rule 101(a)(xxvi) 

of Regulation S–T (§ 232.101(a)(xxvi) of 

this chapter). 

F. Interactive Data 

All financial statements and 

schedules required to be included on 

this report on Form 11–K, including any 

financial statements and schedules 

included as an exhibit to this report 

pursuant to General Instruction D, must 

be provided as an Interactive Data File 

in accordance with Rule 405 of 

Regulation S–T (§ 232.405 of this 

chapter). 

* * * * * 

* * * * * 

■ 25. Amend Form CB (referenced in 

§ 239.800 and § 249.480) by: 

■ a. Removing the line ‘‘Filed or 

submitted in paper if permitted by 

Regulation S–T Rule 101(b)(8) [ ]’’ and 

the corresponding Note on the cover 

page; and 

■ b. Removing General Instruction 

II.A.(2) and redesignating General 

Instruction II.A.(3) and (4) as General 

Instruction II.A.(2) and (3). 

By the Commission. 

Dated: June 2, 2022. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2022–12253 Filed 6–9–22; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

22 CFR Part 42 

[Public Notice: 11730] 

RIN 1400–AE74 

Visas: Diversity Immigrants 

AGENCY: Department of State. 

ACTION: Final rule. 


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Federal Register / Vol. 87, No. 112 / Friday, June 10, 2022 / Rules and Regulations 35415 

SUMMARY: The Department of State 

(‘‘Department’’) is removing from the 

Code of Federal Regulations 

amendments that were published in an 

interim final rule (‘‘IFR’’) on June 5, 

2019, requiring principal entrants 

submitting an electronic diversity visa 

entry form to provide certain 

information, including the entrant’s 

unique serial or issuance number 

associated with the principal entrant’s 

valid, unexpired passport or claim an 

exemption to the passport requirement. 

This document responds to a ruling of 

the U.S. District Court for the District of 

Columbia, which vacated the rule. 

DATES: The final rule is effective June 

10, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Lage, Acting Senior Regulatory 

Coordinator, Office of Visa Services, 

Bureau of Consular Affairs, Department 

of State, 600 19th St. NW, Washington, 

DC 20006, (202) 485–7586. 

SUPPLEMENTARY INFORMATION: On June 5, 

2019, the Department issued an IFR 

titled ‘‘Visas: Diversity Immigrants’’ in 

the Federal Register (84 FR 25989). The 

IFR amended Department regulations at 

22 CFR 42.33(b)(1) to require a Diversity 

Visa (‘‘DV’’) program entrant to provide 

on the electronic DV entry form the 

unique serial or issuance number 

associated with that entrant’s valid, 

unexpired passport, as well as the 

passport’s country or authority of 

issuance, and its expiration date, unless 

the entrant claimed a valid passport 

exemption pursuant to 22 CFR 42.2(d), 

(e), or (g)(2). The IFR also clarified and 

amended its regulation at 22 CFR 

42.33(b)(1) to notify entrants that failure 

to accurately include any information 

required by the regulation would result 

in mandatory disqualification for that 

selection year. 

On February 4, 2022, the District 

Court vacated the IFR. E.B. v. U.S. 

Department of State, No. 19–2856 

(D.D.C. Feb. 4, 2022). To comply with 

the District Court’s ruling, the 

Department is removing the regulatory 

changes promulgated by the IFR. This 

rule also makes a technical correction to 

a punctuation mark in 22 CFR 

42.33(b)(1)(vii). 

Regulatory Analyses 

The regulatory analyses contained in 

the IFR are adopted herein by reference, 

as supplemented by the following. 

Administrative Procedure Act 

This rule is not subject to the 

requirement under the Administrative 

Procedure Act (APA) to provide noticeand-comment, because it falls under the 

good cause exception, 5 U.S.C. 

553(b)(B). The good cause exception is 

satisfied when notice and comment is 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Id. This rule is 

a necessary administrative step to 

implement the District Court’s order 

vacating the IFR. Additionally, because 

this rule implements a court order 

already in effect, the Department has 

good cause to publish the rule effective 

immediately and without a notice and 

comment period under 5 U.S.C. 

553(d)(3). 

Congressional Review Act 

This is not a major rule as defined by 

5 U.S.C. 804. 

Executive Orders 12866 

The Office of Information and 

Regulatory Affairs has determined that 

this is a significant, though not 

economically significant, regulatory 

action under Section 3(f) of Executive 

Order 12866. 

List of Subjects in 22 CFR Part 42 

Immigration, Passports and visas. 

Accordingly, for the reasons stated in 

the preamble, the Department amends 

22 CFR part 42 as follows: 

PART 42—VISAS: DOCUMENTATION 

OF IMMIGRANTS UNDER THE 

IMMIGRATION AND NATIONALITY 

ACT, AS AMENDED 

■ 1. The authority citation for part 42 

continues to read as follows: 

Authority: 8 U.S.C. 1104 and 1182; Pub. L. 

105–277, 112 Stat. 2681; Pub. L. 108–449, 

118 Stat. 3469; The Convention on Protection 

of Children and Co-operation in Respect of 

Intercountry Adoption (done at the Hague, 

May 29, 1993), S. Treaty Doc. 105–51 (1998), 

1870 U.N.T.S. 167 (Reg. No. 31922 (1993)); 

42 U.S.C. 14901–14954 (Pub. L. 106–279, 114 

Stat. 825); 8 U.S.C. 1101 (Pub. L. 111–287, 

124 Stat. 3058); 8 U.S.C. 1154 (Pub. L. 109– 

162, 119 Stat. 2960); 8 U.S.C. 1201 (Pub. L. 

114–70, 129 Stat. 561). 

■ 2. Amend § 42.33 by: 

■ a. Revising paragraph (b)(1)(vii); and 

■ b. Removing paragraphs (b)(1)(viii) 

and (ix). 

The revision reads as follows: 

§ 42.33 Diversity immigrants. 

* * * * * 

(b) * * * 

(1) * * * 

(vii) The location of the consular 

office nearest to the petitioner’s current 

residence or, if in the United States, 

nearest to the petitioner’s last foreign 

residence prior to entry into the United 

States. 

* * * * * 

Rena Bitter, 

Assistant Secretary, Consular Affairs, 

Department of State. 

[FR Doc. 2022–12514 Filed 6–9–22; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[Docket ID ED–2021–OSERS–0018] 

Final priority—State Personnel 

Development Grants 

AGENCY: Office of Special Education and 

Rehabilitative Services (OSERS), 

Department of Education. 

ACTION: Final priority. 

SUMMARY: The Department of Education 

(Department) announces a priority 

under the State Personnel Development 

Grants (SPDG), Assistance Listing 

Number 84.323A. The Department may 

use the priority for competitions in 

fiscal year (FY) 2022 and later years. We 

take this action to focus attention on the 

need to improve results for children 

with disabilities and their families by 

supporting a comprehensive system of 

personnel development (CSPD) for the 

Individuals with Disabilities Education 

Act (IDEA) Part C Grants for Infants and 

Families program. 

DATES: Effective July 11, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Coffey, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Room 5134, Potomac Center Plaza, 

Washington, DC 20202–5134. 

Telephone: (202) 245–6673. Email: 

jennifer.coffey@ed.gov. 

If you are deaf, hard of hearing, or 

have a speech disability and wish to 

access telecommunications relay 

services, please dial 7–1–1. 

SUPPLEMENTARY INFORMATION:

Purpose of Program: The purpose of 

the SPDG program is to assist State 

educational agencies (SEAs) in 

reforming and improving their systems 

for personnel preparation and 

professional development in early 

intervention, educational, and transition 

services to improve results for children 

with disabilities. 

Program Authority: 20 U.S.C. 1451– 

1455. 

We published a notice of proposed 

priority (NPP) for this program in the 

Federal Register on February 1, 2022 

(87 FR 5432). That document contained 

background information and our reasons 

for proposing the priority. 


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