42960 Federal Register / Vol. 87, No. 137 / Tuesday, July 19, 2022 / Rules and Regulations 

1See Rule 301 of Regulation S–T. 

2Release 22.1 was deployed on April 18, 2022, 

Release 22.1.2 was deployed on May 31, 2022, and 

Release 22.2 was deployed on June 21, 2022. 

3Holding Foreign Companies Accountable Act 

Disclosure, Release 34–93701 (Dec. 2, 2021) [86 FR 

70027 (Dec. 9, 2021)] (‘‘HFCAA Adopting Release’’). 

* * * * * * * 

Q–445 PAACK, NC to KYSKY, NY [New] 

PAACK, NC WP (Lat. 35°55′40.26′′ N, long. 077°15′30.99′′ W) 

JAMIE, VA FIX (Lat. 37°36′20.58′′ N, long. 075°57′48.81′′ W) 

CONFR, MD WP (Lat. 38°16′10.90′′ N, long. 075°24′32.98′′ W) 

RADDS, DE FIX (Lat. 38°38′54.80′′ N, long. 075°05′18.48′′ W) 

WNSTN, NJ WP (Lat. 39°05′43.81′′ N, long. 074°48′01.20′′ W) 

AVALO, NJ FIX (Lat. 39°16′54.52′′ N, long. 074°30′50.75′′ W) 

BRIGS, NJ FIX (Lat. 39°31′24.72′′ N, long. 074°08′19.67′′ W) 

SHAUP, OA WP (Lat. 39°44′23.91′′ N, long. 073°34′33.84′′ W) 

VALCO, OA WP (Lat. 40°05′29.86′′ N, long. 073°08′22.91′′ W) 

KYSKY, NY FIX (Lat. 40°46′52.75′′ N, long. 072°12′21.45′′ W) 

* * * * * * * 

Q–481 CONFR, MD to Deer Park, NY (DPK) [New] 

CONFR, MD WP (Lat. 38°16′10.90′′ N, long. 075°24′32.98′′ W) 

MGERK, DE WP (Lat. 38°46′16.00′′ N, long. 075°18′09.00′′ W) 

LEEAH, NJ FIX (Lat. 39°15′39.27′′ N, long. 074°57′11.01′′ W) 

ZIGGI, NJ FIX (Lat. 40°03′07.01′′ N, long. 074°00′49.34′′ W) 

Deer Park, NY (DPK) VOR/DME (Lat. 40°47′30.30′′ N, long. 073°18′13.17′′ W) 

* * * * * 

Issued in Washington, DC, on July 12, 

2022. 

Scott M. Rosenbloom, 

Manager, Airspace Rules and Regulations. 

[FR Doc. 2022–15149 Filed 7–18–22; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 232 

[Release Nos. 33–11082; 34–95274; 39– 

2545; IC–34649] 

Adoption of Updated EDGAR Filer 

Manual 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’) is 

adopting amendments to Volume II of 

the Electronic Data Gathering, Analysis, 

and Retrieval system (‘‘EDGAR’’) Filer 

Manual (‘‘Filer Manual’’) and related 

rules and forms. The EDGAR system 

was upgraded on June 21, 2022. 

DATES: 

Effective date: July 19, 2022. 

Incorporation by reference: The 

incorporation by reference of the Filer 

Manual is approved by the Director of 

the Federal Register as of July 19, 2022. 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding the amendments to 

Volume II of the Filer Manual and 

related rules, please contact Rosemary 

Filou, Deputy Director and Chief 

Counsel, or Daniel Chang, Senior 

Special Counsel, in the EDGAR 

Business Office at (202) 551–3900. For 

questions concerning the payment of 

filing fees, please contact Luba Dinits in 

the Office of Financial Management at 

(202) 551–3839. For legal compliance 

questions on structured data 

requirements for Forms N–1A, N–2, and 

N–3, please contact the Chief Counsel’s 

Office in the Division of Investment 

Management at (202) 551–6825. For 

technical questions on structuring 

Forms N–1A, N–2, and N–3, please 

contact the Office of Structured 

Disclosure in the Division of Economic 

and Risk Analysis at (202) 551–5494. 

For questions regarding Form X–17A–5 

Part III with regards to foreign nonbroker-dealer security-based swap 

dealers and major security-based swap 

participants relying on a Commission 

substituted compliance order, please 

contact Randall Roy, Deputy Associate 

Director, at (202) 551–5522, or Valentina 

Deng, Special Counsel, at (202) 551– 

5778 in the Division of Trading and 

Markets. For questions concerning 

taxonomies or schemas, please contact 

the Office of Structured Disclosure in 

the Division of Economic and Risk 

Analysis at (202) 551–5494. For 

questions regarding new submission 

form type SPDSCL, please contact Chris 

Windsor, Senior Special Counsel, in the 

Division of Corporation Finance at (202) 

551–3419. For questions regarding 

obsolete exhibits to be removed from 

certain form types, please contact 

Heather Mackintosh, EDGAR Liaison in 

the Division of Corporation Finance at 

(202) 551–8111. For questions about 

EDGAR updates to prevent a firm from 

amending another firm’s MA–I, please 

contact Mark Stewart, Attorney Adviser, 

in the Office of Municipal Securities, at 

(202) 551–4410. 

SUPPLEMENTARY INFORMATION: We are 

adopting an updated Filer Manual, 

Volume II: ‘‘EDGAR Filing,’’ Version 62 

(June 2022) and amendments to 17 CFR 

232.301 (‘‘Rule 301’’). The updated Filer 

Manual volume is incorporated by 

reference into the Code of Federal 

Regulations. 

I. Background 

The Filer Manual contains 

information needed for filers to make 

submissions on EDGAR. 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.1 Filers 

should consult the Filer Manual in 

conjunction with our rules governing 

mandated electronic filings when 

preparing documents for electronic 

submission. 

II. Edgar System Changes and 

Associated Modifications to Volume II 

of the Filer Manual 

EDGAR was updated in Releases 

22.1.1, 22.1.2, and 22.2, and 

corresponding amendments to Volume 

II of the Filer Manual are being made to 

reflect these changes, as described 

below.2

On December 2, 2021, the 

Commission adopted final amendments 

that revised Forms 20–F, 40–F, 10–K, 

and N–CSR to implement the disclosure 

and submission requirements of the 

‘‘Holding Foreign Companies 

Accountable Act’’ (‘‘HFCAA’’).3 The 

final amendments mandated that a 

registrant identified by the Commission 

as having filed an annual report audited 

by a firm that the Public Company 

Accounting Oversight Board is unable to 

inspect or investigate completely must 

provide documentation in a publicly 

available EDGAR submission 

demonstrating that it is not owned or 

controlled by a governmental entity in 

a foreign jurisdiction. 


jspears on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 137 / Tuesday, July 19, 2022 / Rules and Regulations 42961 

4Release No. 34–93701 required that the 

documentation be included in a ‘‘publicly 

available’’ EDGAR filing, made prior to or 

accompanying a Commission-Identified Issuer’s 

annual report for the year following their 

identification. While an issuer could choose to 

submit the information with a 6–K, 8–K or with the 

annual report, the new submission type will 

facilitate submission and clarify that non-public 

submissions, like correspondence, are not 

responsive. 

5See HFCAA Adopting Release, supra note 3, at 

Section II.E (discussing determination of 

Commission-Identified Issuers). 

6Filing Fee Disclosure and Payment Methods 

Modernization, Release 33–10997 (Oct. 13, 2021) 

[86 FR 70166 (Dec. 9, 2021)]. 

7See, e.g., Order Granting Conditional 

Substituted Compliance in Connection with Certain 

Requirements Applicable to Non-U.S. SecurityBased Swap Dealers and Major Security-Based 

Swap Participants Subject to Regulation in the 

United Kingdom, Release 34–92529 (July 30, 2021), 

[86 FR 43318 (Aug. 6, 2021)]; Order Granting 

Conditional Substituted Compliance in Connection 

With Certain Requirements Applicable to Non-U.S. 

Security-Based Swap Dealers Subject to Regulation 

in the Swiss Confederation, Release 34–93284 (Oct. 

8, 2021), [86 FR 57455 (Oct. 15, 2021)]. 

8 Disclosure Update and Simplification, Release 

33–10532 (Aug. 17, 2018) [83 FR 50148 (Oct. 4, 

2018)]. 

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. 

In order to assist filers in meeting 

their obligations,4 EDGAR Release 22.2 

introduced new submission form type 

‘‘SPDSCL,’’ a generic EDGAR 

submission that can have various 

additional ‘‘categories’’ that can be 

designated to meet Commission needs 

for future supplemental submissions. 

The first ‘‘category’’ is ‘‘HFCAA–GOV’’ 

to allow Commission-Identified Issuers 

to submit their required government 

control documentation to comply with 

the HFCAA.5 Future applications could 

include other HFCAA submissions, or 

other notices to the Commission 

required by subsequent rulemakings. 

The new submission type and category 

will assist both the public and staff to 

easily identify the required 

documentation submitted by 

Commission-Identified Issuers. 

The Filer Manual is also being 

updated to more fully reflect new filing 

fee payment methods and elimination of 

check payments, pursuant to the ‘‘Filing 

Fee Disclosure and Payment Methods 

Modernization’’ rulemaking.6 On May 

31, 2022, EDGAR Release 22.1.2 

introduced changes to EDGAR to allow 

filers to pay filing fees via credit card, 

debit card, and Automated Clearing 

House debit payment methods. The 

changes were communicated to the 

public on March 21, 2022, in EDGAR 

Release 22.1, and in the public 

announcement, ‘‘New Filing Fee 

Payment Methods in EDGAR and 

Elimination of Check Payments.’’ 

The Commission has issued 

substituted compliance orders 7

permitting certain foreign firms to file 

their annual audit pursuant to their 

home country’s laws rather than 

pursuant to the Commission’s rules, as 

long as they also send a copy of such 

annual financial statements to the 

Commission in the manner specified on 

the Commission’s website. In 

accordance with these orders, the ‘‘Oath 

or Affirmation’’ and ‘‘Notary Public’’ 

sections of the Form X–17A–5 Part III 

will not be viewable by foreign nonbroker-dealer security-based swap 

dealers and major security-based swap 

participants relying on a Commission 

substituted compliance order. The Filer 

Manual is being updated accordingly. 

EDGAR Release 22.2 also made 

general functional enhancements to 

EDGAR, for which revisions are being 

made to the Filer Manual. 

EDGAR was updated to accept the 

2022 version of the IFRS taxonomy and 

the 2022Q2 version of the Variable 

Insurance Product taxonomy. For XBRL 

taxonomies that have versions from 

three years outstanding, the versions 

from the earliest year will be removed. 

Please see https://www.sec.gov/info/ 

edgar/edgartaxonomies.shtml for a 

complete list of supported standard 

taxonomies. The Filer Manual is being 

updated accordingly. 

EDGAR was also updated to remove 

the following exhibits that were 

removed by the Disclosure Update and 

Simplification rule.8 The following 

exhibits were removed from the 

following form types and their 

amendments: 

• Exhibit 11: Statement re 

computation of per share earnings 

[Forms S–1, S–4, S–11, F–1, F–4, 10–K, 

10–Q, 10] 

• Exhibit 12: Statements re 

computation of ratios [Forms S–1, S–3, 

S–4, S–11, F–1, F–4, 10, 10–K] 

• Exhibit 19: Report furnished to 

security holders [Form 10–K] 

• Exhibit 26: Invitations for 

competitive bids [Forms S–3, SF–1, SF– 

3, S–4, F–1, F–3, F–4] 

Filers who have a file number 

beginning with 001– may now use 

submission form types 15–12G and 15– 

12G/A to give notice of termination of 

registration of a class of securities under 

Section 12(g) of the Securities Exchange 

Act of 1934. Submission form types 15– 

12B and 15–12B/A are revoked. 

Technical corrections were made to 

sections 6.5.21, 6.5.40, 6.5.55, 6.5.56, 

and 6.16.11 of Volume II of the Filer 

Manual to clarify data validations for 

submissions by investment companies 

registered on Forms N–1A, N–2, or N– 

3. 

Volume II of the Filer Manual is also 

being amended to address minor 

software changes made in EDGAR on 

April 18, 2022, pursuant to EDGAR 

Release 22.1.1. Specifically, EDGAR was 

updated to prevent a firm from 

amending another firm’s MA–I, and the 

N–CEN XML schema eis_Common.xsd 

file was updated to correct the 

attachment list. 

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. 

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 July 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 


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42962 Federal Register / Vol. 87, No. 137 / Tuesday, July 19, 2022 / Rules and Regulations 

14 15 U.S.C. 77sss. 

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

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 62 (June 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. 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: July 13, 2022. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2022–15321 Filed 7–18–22; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0260] 

Safety Zone; Tonawanda’s Canal Fest 

Fireworks 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for the Tonawanda’s Canal 

Fest Fireworks on July 24, 2022, to 

provide for the safety of life on 

navigable waterways during this 

display. Our regulation for limited 

access areas within the Captain of the 

Port Buffalo Zone identifies the 

regulated area for this event in 

Tonawanda, NY. During the 

enforcement periods, the operator of any 

vessel in the regulated area must 

comply with directions from the Safety 

Zone Coordinator or any Official Patrol 

displaying a Coast Guard ensign. 

DATES: The regulations in 33 CFR 

165.939 as listed in Table 165.939 will 

be enforced from 9:15 p.m. to 10:15 p.m. 

on July 24, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, contact LT 

Justin Miller, Chief of Waterways 

Management, Sector Buffalo, U.S. Coast 

Guard; telephone 716–843–9391, email 

D09-SMB-SECBuffalo-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zones; 

Annual Events in the Captain of the Port 

Buffalo Zone listed in the table to 33 

CFR 165.939 for the following events: 

i. Tonawanda’s Canal Fest Fireworks, 

Tonawanda, NY; The safety zone listed 

in Table 165.939 as (b)(26) will be 

enforced on all waters of East Niagara 

River, Tonawanda, NY within a 210-foot 

radius of position 43°01′17.8′′ N, 

078°52′40.9′′ W, from 9:15 p.m. through 

10:15 p.m. on July 24, 2022. 

Pursuant to 33 CFR 165.23, entry into, 

transiting, or anchoring within these 

safety zones during an enforcement 

period is prohibited unless authorized 

by the Captain of the Port Buffalo or his 

designated representative; designation 

need not be in writing. Those seeking 

permission to enter these safety zones 

may request permission from the 

Captain of the Port Buffalo via channel 

16, VHF–FM. Vessels and persons 

granted permission to enter the safety 

zone shall obey the directions of the 

Captain of the Port Buffalo or his 

designated representative. While within 

a safety zone, all vessels shall operate at 

the minimum speed necessary to 

maintain a safe course. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard will provide the maritime 

community with advance notification of 

the enforcement periods via Broadcast 

Notice to Mariners or other suitable 

means. If the Captain of the Port Buffalo 

determines that the safety zone need not 

be enforced for the full duration stated 

in this notice, he may use a Broadcast 

Notice to Mariners to grant general 

permission to enter the respective safety 

zone. This notice is issued under the 

authority of 5 U.S.C. 552(a). 

Dated: July 11, 2022. 

M.I. Kuperman, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2022–15337 Filed 7–18–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No.: 220713–0155] 

RIN 0648–BL06 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Atlantic 

Herring Fishery; Framework 

Adjustment 9 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This rule approves and 

implements Framework Adjustment 9 to 

the Atlantic Herring Fishery 

Management Plan. This action 

establishes a rebuilding plan for herring 

and adjusts accountability measure 

catch threshold triggers when catch 

exceeds a herring annual catch limit or 

management area sub-annual catch 

limit. This action also revises regulatory 

text that is unnecessary, outdated, or 

unclear consistent with section 305(d) 

of the Magnuson-Stevens Fishery 


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