General Rules and Regulations, Securities Act of 1933, 7677-7678 [06-55507]
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Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Rules and Regulations
‘‘Pear Size and Grade Storage Report’’
containing the quantity of specific
grades and sizes of fresh pears in regular
and C.A. storage by variety or
subvariety, and such other information
as may be requested from the Fresh Pear
Committee for the time period specified.
(d) Each handler who has shipped
less than 2,500 44-pound net weight
standard boxes or container equivalents
of fresh pears during any reporting
period of the shipping season may, in
lieu of reporting as provided in (a) and
(b) of this section, report as follows:
(1) At completion of harvest, on the
next reporting date, furnish to the Fresh
Pear Committee a ‘‘Handlers Packout
Report’;
(2) After unreported shipments total
2,500 44-pound net weight standard
boxes or container equivalents of fresh
pears, furnish to the Fresh Pear
Committee a ‘‘Handler’s Statement of
Fresh Pear Shipments’’ and a ‘‘Handler’s
Packout Report’’ on the next reporting
date;
(3) After completion of all shipments
from regular storage (i.e. non-C.A.
storage), furnish to the Fresh Pear
Committee a ‘‘Handler’s Statement of
Fresh Pear Shipments’’ and a ‘‘Handler’s
Packout Report’’ on the next reporting
date;
(4) At mid-season for C.A. storage, at
a date established by the Fresh Pear
Committee, furnish to the Fresh Pear
Committee a ‘‘Handler’s Statement of
Fresh Pear Shipments’’, and a
‘‘Handler’s Packout Report’; and
(5) At the completion of all seasonal
pear shipments, furnish to the Fresh
Pear Committee a ‘‘Handler’s Statement
of Fresh Pear Shipments’’ and a
‘‘Handler’s Packout Report’’, on the next
reporting date. Each of these reports
shall be marked ‘‘final report’’ and
include an explanation of the actual
shipments versus the original estimate,
if different.
(e) Each handler shall specify on each
bill of lading covering each shipment,
the variety or subvariety and quantity of
all pears included in that shipment.
I 13. A new § 927.126 is added to read
as follows:
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§ 927.126
Processed pear reports.
(a) Each handler shall furnish to the
Processed Pear Committee annually on
a date established by the Processed Pear
Committee the ‘‘Processed Pear
Assessment Report’’ containing the
following information:
(1) The name of the processor(s) or
firm(s) to whom pears were sold;
(2) The quantity of each variety or
subvariety of pears shipped by that
handler;
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14:01 Feb 13, 2006
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(3) The crop year covered in the
report;
(4) The assessment payment due and
enclosed;
(5) The name and address of such
handler; and
(6) Other information as may be
requested by the Processed Pear
Committee.
(b) Each handler shall specify on each
bill of lading covering each shipment,
the variety or subvariety and quantity of
all pears included in that shipment.
§ 927.142
[Removed and Reserved]
14. Section 927.142 is removed and
reserved.
I 15. Section 927.236 is revised to read
as follows:
I
§ 927.236
Fresh pear assessment rate.
On and after July 1, 2005, the
following base rates of assessment for
fresh pears are established for the Fresh
Pear Committee:
(a) $0.366 per 44-pound net weight
standard box or container equivalent for
any or all varieties or subvarieties of
fresh pears classified as ‘‘summer/fall’’;
(b) $0.501 per 44-pound net weight
standard box or container equivalent for
any or all varieties or subvarieties of
fresh pears classified as ‘‘winter’’; and
(c) $0.000 per 44-pound net weight
standard box or container equivalent for
any or all varieties or subvarieties of
fresh pears classified as ‘‘other’’.
I 16. A new § 927.237 is added to read
as follows:
§ 927.237
rate.
Processed pear assessment
On and after July 1, 2005, the
following base rates of assessment for
pears for processing are established for
the Processed Pear Committee:
(a) $6.25 per ton for any or all
varieties or subvarieties of pears for
canning classified as ‘‘summer/fall’’,
excluding pears for other methods of
processing;
(b) $0.00 per ton for any or all
varieties or subvarieties of pears for
processing classified as ‘‘winter’’; and
(c) $0.00 per ton for any or all
varieties or subvarieties of pears for
processing classified as ‘‘other’’.
I 17. Section 927.316 is revised to read
as follows:
§ 927.316
Handling regulation.
During the period August 15 through
November 1, no person shall handle any
fresh Beurre D’Anjou variety of pears for
shipments to North America
(Continental United States, Mexico, or
Canada), unless such pears meet the
following requirements:
(a) Fresh Beurre D’Anjou variety of
pears shall have a certification by the
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7677
Federal-State Inspection Service, issued
prior to shipment, showing that the
core/pulp temperature of such pears has
been lowered to 35 degrees Fahrenheit
or less and any such pears have an
average pressure test of 14 pounds or
less. The handler shall submit, or cause
to be submitted, a copy of the certificate
issued on the shipment to the Fresh
Pear Committee.
(b) Each handler may ship on any one
conveyance 8,800 pounds or less of
fresh Beurre D’Anjou variety of pears
without regard to the quality and
inspection requirements in paragraph
(a) of this section.
Dated: February 8, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 06–1319 Filed 2–13–06; 8:45 am]
BILLING CODE 3410–02–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 230
General Rules and Regulations,
Securities Act of 1933
CFR Correction
In Title 17 of the Code of Federal
Regulations, parts 200 to 239, revised as
of April 1, 2005, on page 584, in
§ 230.252, paragraph (h)(1) is corrected
by revising the second and third
sentences, and on page 653, § 230.494 is
reinstated to read as follows:
§ 230.252
Offering statement.
*
*
*
*
*
(h) * * * Seven copies of every
amendment shall be filed with the
Commission’s main office in
Washington, D.C. Subsequent
amendments to an offering shall
recommence the time period for
qualification.
*
*
*
*
*
§ 230.494
Newspaper prospectuses.
(a) This section shall apply only to
newspaper prospectuses relating to
securities, as to which a registration
statement has become effective, issued
by a foreign national government with
which the United States maintains
diplomatic relations. The term
newspaper prospectus means an
advertisement of securities in
newspapers, magazines or other
periodicals which are admitted to the
mails as second-class matter and which
are not distributed by the advertiser.
The term does not include reprints,
reproductions or detached copies of
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Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Rules and Regulations
such advertisements. A newspaper
prospectus shall not be deemed a
prospectus meeting the requirements of
section 10 for the purpose of section
2(10)(a) or 5(b)(2) of the Act.
(b) All information included in a
newspaper prospectus may be expressed
in such condensed or summarized form
as may be necessary in the light of the
circumstances under which newspaper
prospectuses are authorized to be used.
The information need not follow the
order in which the information is set
forth in the registration statement or in
the full prospectus. No information
need be set forth in tabular form.
(c) The following statement shall be
set forth at the head of every newspaper
prospectus in conspicuous print:
These securities, though registered, have not
been approved or disapproved by the
Securities and Exchange Commission, which
does not pass on the merits of any registered
securities.
(d) There shall be set forth at the foot
of every newspaper prospectus in
conspicuous print a statement to the
following effect:
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Further information, particularly financial
information, is contained in the registration
statement filed with the Commission and in
a more complete prospectus which must be
furnished to each purchaser and is obtainable
from the following persons:
(Insert names.)
(e) If the registrant or any of the
underwriters knows or has reasonable
grounds to believe that it is intended to
stablize the price of any security to
facilitate the offering of the registered
security, there shall be placed in the
newspaper prospectus, in capital letters,
the statement required by Item 502(d) of
Regulation S–K (§ 229.502(d) of this
chapter) to be included in the full
prospectus.
(f) A newspaper prospectus shall
contain the information specified in
paragraphs (f) (1) to (9) of this section.
All other information and documents
contained in the registration statement
may be omitted. The following
information shall be included:
(1) The name of the borrowing
government;
(2) A brief description of the
securities to be offered;
(3) The price at which it is proposed
to offer the security to the public in the
United States;
(4) The purpose and approximate
amounts to be devoted to such
purposes, so far as determinable, for
which the security to be offered is to
supply funds; and if funds for such
purposes are to be raised in part from
other sources, the amounts and the
sources thereof:
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(5) A brief statement as to the amount
of funded and floating debt outstanding
and to be created, excluding intergovernmental debt;
(6) A condensed or summarized
statement of receipt and expenditures
for the last three fiscal years for which
data are available;
(7) A condensed or summarized
statement of the balance of international
payments for the last three fiscal years
for which data are available;
(8) If the issuer or its predecessor has
defaulted on the principal or interest of
any external debt, excluding
intergovernmental debt, during the last
twenty years, the date, amount and
circumstances of such default and the
general effect of any succeeding
arrangement;
(9) Underwriting discounts and
commissions per unit and in the
aggregate.
(g) A newspaper prospectus may also
include, in condensed, summarized or
graphic form, additional information the
substance of which is contained in the
registration statement. A newspaper
prospectus shall not contain any
information the substance of which is
not set forth in the registration
statement.
(h) All information included in a
newspaper prospectus shall be set forth
in type at least as large as seven-point
modern type: Provided, however, That
such information shall not be so
arranged as to be misleading or obscure
the information required to be included
in such a prospectus.
(i) Five copies of every proposed
newspaper prospectus, in the size and
form in which it is intended to be
published shall be filed with the
Commission at least three business days
before definitive copies thereof are
submitted to the newspaper, magazine
or other periodical for publication.
Within seven days after publication, five
additional copies shall be filed in the
exact form in which it was published
and shall be accompanied by a
statement of the date and manner of its
publication.
(Interprets or applies sec. 7, 48 Stat. 78, as
amended; 15 U.S.C. 77g; secs. 6, 7, 8, 10,
19(a), 48 Stat. 78, 79, 81, 85, secs. 205, 209,
48 Stat. 906, 908; sec. 301, 54 Stat. 857; sec.
8, 68 Stat. 685; sec. 1, 79 Stat. 1051; sec.
308(a)(2), 90 Stat. 57; secs. 12, 13, 14, 15(d),
23(a), 48 Stat. 892, 895, 901; secs. 1, 3, 8, 49
Stat. 1375, 1377, 1379; sec 203(a), 49 Stat.
704; sec. 202, 68 Stat. 686; secs. 3, 4, 5, 6,
78 Stat. 565–568, 569, 570–574; secs. 1, 2, 3,
82 Stat. 454, 455; secs. 28(c), 1, 2, 3–5, 84
Stat. 1435, 1497; sec. 105(b), 88 Stat. 1503;
secs. 8, 9, 10, 18, 89 Stat. 117, 118, 119, 155;
sec. 308(b), 90 Stat. 57; secs. 202, 203, 204,
81 Stat. 1494, 1498, 1499, 1500; 15 U.S.C.
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77f, 77g, 77h, 77j, 77s(a), 78l, 78m, 78n,
78o(d), 78w(a))
[16 FR 8820 Aug. 31, 1951, as amended at 19
FR 6729, Oct. 20, 1954; 48 FR 19875, May 3,
1983]
[FR Doc. 06–55507 Filed 2–13–06; 8:45 am]
BILLING CODE 1505–01–D
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 232
[Release Nos. 33–8590A; 34–52052A; 35–
28002A; 39–2437A; IC–26990A; File No. S7–
16–04]
RIN 3235–AH79
Rulemaking for EDGAR System
Securities and Exchange
Commission.
ACTION: Final rule; technical
amendment.
AGENCY:
SUMMARY: The Securities and Exchange
Commission published a document in
the Federal Register on July 27, 2005
(70 FR 43558) expanding the
information that we require certain
investment company filers to submit to
us electronically through our Electronic
Data Gathering, Analysis, and Retrieval
(EDGAR) system. That document
contained an incorrect instruction to
§ 232.101(b). This document corrects
§ 232.101(b).
DATES:
Effective Date: February 8, 2006.
FOR FURTHER INFORMATION CONTACT:
Ruth Armfield Sanders, Senior Special
Counsel, Division of Investment
Management, at (202) 551–6989.
SUPPLEMENTARY INFORMATION: The
Commission is making a technical
correction to § 232.101 by adding
paragraph (b)(9).
List of Subjects in 17 CFR Part 232
Administrative practice and
procedure, Confidential business
information, Reporting and
recordkeeping requirements, Securities.
For the reasons set forth in the
preamble, 17 CFR part 232 is amended
as follows:
I
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:
I
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, 80a–37, and 7201 et seq.; and 18 U.S.C.
1350.
*
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]]>Agencies
[Federal Register Volume 71, Number 30 (Tuesday, February 14, 2006)]
[Rules and Regulations]
[Pages 7677-7678]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-55507]
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SECURITIES AND EXCHANGE COMMISSION
17 CFR Part 230
General Rules and Regulations, Securities Act of 1933
CFR Correction
In Title 17 of the Code of Federal Regulations, parts 200 to 239,
revised as of April 1, 2005, on page 584, in Sec. 230.252, paragraph
(h)(1) is corrected by revising the second and third sentences, and on
page 653, Sec. 230.494 is reinstated to read as follows:
Sec. 230.252 Offering statement.
* * * * *
(h) * * * Seven copies of every amendment shall be filed with the
Commission's main office in Washington, D.C. Subsequent amendments to
an offering shall recommence the time period for qualification.
* * * * *
Sec. 230.494 Newspaper prospectuses.
(a) This section shall apply only to newspaper prospectuses
relating to securities, as to which a registration statement has become
effective, issued by a foreign national government with which the
United States maintains diplomatic relations. The term newspaper
prospectus means an advertisement of securities in newspapers,
magazines or other periodicals which are admitted to the mails as
second-class matter and which are not distributed by the advertiser.
The term does not include reprints, reproductions or detached copies of
[[Page 7678]]
such advertisements. A newspaper prospectus shall not be deemed a
prospectus meeting the requirements of section 10 for the purpose of
section 2(10)(a) or 5(b)(2) of the Act.
(b) All information included in a newspaper prospectus may be
expressed in such condensed or summarized form as may be necessary in
the light of the circumstances under which newspaper prospectuses are
authorized to be used. The information need not follow the order in
which the information is set forth in the registration statement or in
the full prospectus. No information need be set forth in tabular form.
(c) The following statement shall be set forth at the head of every
newspaper prospectus in conspicuous print:
These securities, though registered, have not been approved or
disapproved by the Securities and Exchange Commission, which does
not pass on the merits of any registered securities.
(d) There shall be set forth at the foot of every newspaper
prospectus in conspicuous print a statement to the following effect:
Further information, particularly financial information, is
contained in the registration statement filed with the Commission
and in a more complete prospectus which must be furnished to each
purchaser and is obtainable from the following persons:
(Insert names.)
(e) If the registrant or any of the underwriters knows or has
reasonable grounds to believe that it is intended to stablize the price
of any security to facilitate the offering of the registered security,
there shall be placed in the newspaper prospectus, in capital letters,
the statement required by Item 502(d) of Regulation S-K (Sec.
229.502(d) of this chapter) to be included in the full prospectus.
(f) A newspaper prospectus shall contain the information specified
in paragraphs (f) (1) to (9) of this section. All other information and
documents contained in the registration statement may be omitted. The
following information shall be included:
(1) The name of the borrowing government;
(2) A brief description of the securities to be offered;
(3) The price at which it is proposed to offer the security to the
public in the United States;
(4) The purpose and approximate amounts to be devoted to such
purposes, so far as determinable, for which the security to be offered
is to supply funds; and if funds for such purposes are to be raised in
part from other sources, the amounts and the sources thereof:
(5) A brief statement as to the amount of funded and floating debt
outstanding and to be created, excluding inter-governmental debt;
(6) A condensed or summarized statement of receipt and expenditures
for the last three fiscal years for which data are available;
(7) A condensed or summarized statement of the balance of
international payments for the last three fiscal years for which data
are available;
(8) If the issuer or its predecessor has defaulted on the principal
or interest of any external debt, excluding intergovernmental debt,
during the last twenty years, the date, amount and circumstances of
such default and the general effect of any succeeding arrangement;
(9) Underwriting discounts and commissions per unit and in the
aggregate.
(g) A newspaper prospectus may also include, in condensed,
summarized or graphic form, additional information the substance of
which is contained in the registration statement. A newspaper
prospectus shall not contain any information the substance of which is
not set forth in the registration statement.
(h) All information included in a newspaper prospectus shall be set
forth in type at least as large as seven-point modern type: Provided,
however, That such information shall not be so arranged as to be
misleading or obscure the information required to be included in such a
prospectus.
(i) Five copies of every proposed newspaper prospectus, in the size
and form in which it is intended to be published shall be filed with
the Commission at least three business days before definitive copies
thereof are submitted to the newspaper, magazine or other periodical
for publication. Within seven days after publication, five additional
copies shall be filed in the exact form in which it was published and
shall be accompanied by a statement of the date and manner of its
publication.
(Interprets or applies sec. 7, 48 Stat. 78, as amended; 15 U.S.C.
77g; secs. 6, 7, 8, 10, 19(a), 48 Stat. 78, 79, 81, 85, secs. 205,
209, 48 Stat. 906, 908; sec. 301, 54 Stat. 857; sec. 8, 68 Stat.
685; sec. 1, 79 Stat. 1051; sec. 308(a)(2), 90 Stat. 57; secs. 12,
13, 14, 15(d), 23(a), 48 Stat. 892, 895, 901; secs. 1, 3, 8, 49
Stat. 1375, 1377, 1379; sec 203(a), 49 Stat. 704; sec. 202, 68 Stat.
686; secs. 3, 4, 5, 6, 78 Stat. 565-568, 569, 570-574; secs. 1, 2,
3, 82 Stat. 454, 455; secs. 28(c), 1, 2, 3-5, 84 Stat. 1435, 1497;
sec. 105(b), 88 Stat. 1503; secs. 8, 9, 10, 18, 89 Stat. 117, 118,
119, 155; sec. 308(b), 90 Stat. 57; secs. 202, 203, 204, 81 Stat.
1494, 1498, 1499, 1500; 15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 78l,
78m, 78n, 78o(d), 78w(a))
[16 FR 8820 Aug. 31, 1951, as amended at 19 FR 6729, Oct. 20, 1954;
48 FR 19875, May 3, 1983]
[FR Doc. 06-55507 Filed 2-13-06; 8:45 am]
BILLING CODE 1505-01-D
