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7678 Federal Register / Vol. 71, No.

30 / Tuesday, February 14, 2006 / Rules and Regulations

such advertisements. A newspaper (5) A brief statement as to the amount 77f, 77g, 77h, 77j, 77s(a), 78l, 78m, 78n,
prospectus shall not be deemed a of funded and floating debt outstanding 78o(d), 78w(a))
prospectus meeting the requirements of and to be created, excluding inter- [16 FR 8820 Aug. 31, 1951, as amended at 19
section 10 for the purpose of section governmental debt; FR 6729, Oct. 20, 1954; 48 FR 19875, May 3,
2(10)(a) or 5(b)(2) of the Act. (6) A condensed or summarized 1983]
(b) All information included in a statement of receipt and expenditures [FR Doc. 06–55507 Filed 2–13–06; 8:45 am]
newspaper prospectus may be expressed for the last three fiscal years for which BILLING CODE 1505–01–D
in such condensed or summarized form data are available;
as may be necessary in the light of the (7) A condensed or summarized
circumstances under which newspaper statement of the balance of international SECURITIES AND EXCHANGE
prospectuses are authorized to be used. payments for the last three fiscal years COMMISSION
The information need not follow the for which data are available;
order in which the information is set (8) If the issuer or its predecessor has 17 CFR Part 232
forth in the registration statement or in defaulted on the principal or interest of [Release Nos. 33–8590A; 34–52052A; 35–
the full prospectus. No information any external debt, excluding 28002A; 39–2437A; IC–26990A; File No. S7–
need be set forth in tabular form. intergovernmental debt, during the last 16–04]
(c) The following statement shall be twenty years, the date, amount and
set forth at the head of every newspaper RIN 3235–AH79
circumstances of such default and the
prospectus in conspicuous print: general effect of any succeeding Rulemaking for EDGAR System
These securities, though registered, have not arrangement;
been approved or disapproved by the (9) Underwriting discounts and AGENCY: Securities and Exchange
Securities and Exchange Commission, which commissions per unit and in the Commission.
does not pass on the merits of any registered aggregate. ACTION: Final rule; technical
securities. (g) A newspaper prospectus may also amendment.
(d) There shall be set forth at the foot include, in condensed, summarized or
of every newspaper prospectus in graphic form, additional information the SUMMARY: The Securities and Exchange
conspicuous print a statement to the substance of which is contained in the Commission published a document in
following effect: registration statement. A newspaper the Federal Register on July 27, 2005
Further information, particularly financial prospectus shall not contain any (70 FR 43558) expanding the
information, is contained in the registration information the substance of which is information that we require certain
statement filed with the Commission and in not set forth in the registration investment company filers to submit to
a more complete prospectus which must be statement. us electronically through our Electronic
furnished to each purchaser and is obtainable (h) All information included in a Data Gathering, Analysis, and Retrieval
from the following persons: (EDGAR) system. That document
(Insert names.)
newspaper prospectus shall be set forth
in type at least as large as seven-point contained an incorrect instruction to
(e) If the registrant or any of the modern type: Provided, however, That § 232.101(b). This document corrects
underwriters knows or has reasonable such information shall not be so § 232.101(b).
grounds to believe that it is intended to arranged as to be misleading or obscure DATES: Effective Date: February 8, 2006.
stablize the price of any security to the information required to be included FOR FURTHER INFORMATION CONTACT:
facilitate the offering of the registered in such a prospectus. Ruth Armfield Sanders, Senior Special
security, there shall be placed in the (i) Five copies of every proposed Counsel, Division of Investment
newspaper prospectus, in capital letters, newspaper prospectus, in the size and Management, at (202) 551–6989.
the statement required by Item 502(d) of form in which it is intended to be SUPPLEMENTARY INFORMATION: The
Regulation S–K (§ 229.502(d) of this published shall be filed with the Commission is making a technical
chapter) to be included in the full Commission at least three business days correction to § 232.101 by adding
prospectus. before definitive copies thereof are paragraph (b)(9).
(f) A newspaper prospectus shall submitted to the newspaper, magazine
contain the information specified in or other periodical for publication. List of Subjects in 17 CFR Part 232
paragraphs (f) (1) to (9) of this section. Within seven days after publication, five Administrative practice and
All other information and documents additional copies shall be filed in the procedure, Confidential business
contained in the registration statement exact form in which it was published information, Reporting and
may be omitted. The following and shall be accompanied by a recordkeeping requirements, Securities.
information shall be included: statement of the date and manner of its
(1) The name of the borrowing ■ For the reasons set forth in the
publication. preamble, 17 CFR part 232 is amended
government;
(Interprets or applies sec. 7, 48 Stat. 78, as as follows:
(2) A brief description of the amended; 15 U.S.C. 77g; secs. 6, 7, 8, 10,
securities to be offered; 19(a), 48 Stat. 78, 79, 81, 85, secs. 205, 209, PART 232—REGULATION S–T—
(3) The price at which it is proposed 48 Stat. 906, 908; sec. 301, 54 Stat. 857; sec. GENERAL RULES AND REGULATIONS
to offer the security to the public in the 8, 68 Stat. 685; sec. 1, 79 Stat. 1051; sec. FOR ELECTRONIC FILINGS
United States; 308(a)(2), 90 Stat. 57; secs. 12, 13, 14, 15(d),
(4) The purpose and approximate 23(a), 48 Stat. 892, 895, 901; secs. 1, 3, 8, 49 ■ 1. The authority citation for Part 232
amounts to be devoted to such Stat. 1375, 1377, 1379; sec 203(a), 49 Stat. continues to read in part as follows:
purposes, so far as determinable, for 704; sec. 202, 68 Stat. 686; secs. 3, 4, 5, 6,
78 Stat. 565–568, 569, 570–574; secs. 1, 2, 3, Authority: 15 U.S.C. 77f, 77g, 77h, 77j,
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which the security to be offered is to 82 Stat. 454, 455; secs. 28(c), 1, 2, 3–5, 84 77s(a), 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d),
supply funds; and if funds for such Stat. 1435, 1497; sec. 105(b), 88 Stat. 1503; 78w(a), 78ll(d), 79t(a), 80a–8, 80a–29, 80a–
purposes are to be raised in part from secs. 8, 9, 10, 18, 89 Stat. 117, 118, 119, 155; 30, 80a–37, and 7201 et seq.; and 18 U.S.C.
other sources, the amounts and the sec. 308(b), 90 Stat. 57; secs. 202, 203, 204, 1350.
sources thereof: 81 Stat. 1494, 1498, 1499, 1500; 15 U.S.C. * * * * *

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Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Rules and Regulations 7679

■ 2. Amend § 232.101 by: 1999 and February 5, 2001. The Business Information (CBI) or other
■ a. Removing the word ‘‘and’’ at the September 20, 1999 submittal revises information whose disclosure is
end of paragraph (b)(7); the numbering and format of the Utah restricted by statute. Certain other
■ b. Removing the period at the end of Administrative Code (UAC) rules within material, such as copyrighted material,
paragraph (b)(8) and in its place adding Utah’s SIP. The February 5, 2001 is not placed on the Internet and will be
‘‘; and’’; and submittal restores a paragraph that was publicly available only in hard copy
■ c. Adding paragraph (b)(9). inadvertently deleted from Utah’s rules form. Publicly available docket
The addition reads as follows. when the State submitted their SIP materials are available either
submittal dated September 20, 1999 that electronically in Regional Materials in
§ 232.101 Mandated electronic
renumbered the UAC rules. The EDOCKET or in hard copy at the Air
submissions and exceptions.
intended effect of this action is to make and Radiation Program, Environmental
* * * * * these provisions federally enforceable. Protection Agency (EPA), Region 8, 999
(b) * * * In addition, the approval of Utah’s SIP 18th Street, Suite 300, Denver, Colorado
(9) Documents filed with the revision dated September 20, 1999 80202–2466. EPA requests that if at all
Commission pursuant to section 33 of supersedes and replaces previous SIP possible, you contact the individual
the Investment Company Act (15 U.S.C. revisions submitted by Utah on October listed in the FOR FURTHER INFORMATION
80a–32). 26, 2000, September 7, 1999, two SIP CONTACT section to view the hard copy
* * * * * revisions submitted February 6, 1996, of the docket. You may view the hard
Dated: February 8, 2006. and one submitted on January 27, 1995. copy of the docket Monday through
Jill M. Peterson, Some of the provisions of the rules Friday, 8 a.m. to 4 p.m., excluding
Assistant Secretary. submitted in Utah’s SIP revisions will Federal holidays.
[FR Doc. 06–1322 Filed 2–13–06; 8:45 am]
be addressed at a later date by more FOR FURTHER INFORMATION CONTACT:
recent SIP actions that have been Catherine Roberts, EPA, Region 8, 999
BILLING CODE 8010–01–P
submitted which supersede and replace 18th Street, Ste. 300 (8P–AR), Denver,
the earlier SIP submittal actions. EPA CO, 80202–2466, (303) 312–6025,
will be removing Utah’s Asbestos Work roberts.catherine@epa.gov.
DEPARTMENT OF THE TREASURY Practices, Contractor Certification,
SUPPLEMENTARY INFORMATION:
Alcohol and Tobacco Tax and Trade AHERA Accreditation and AHERA
Throughout this document, wherever
Bureau Implementation rule R307–1–8 and
‘‘we’’, ‘‘us’’, or ‘‘our’’ are used, we mean
Eligibility of Pollution Control
the Environmental Protection Agency
27 CFR Part 41 Expenditures for Sales Tax Exemption
(EPA).
rule R307–1–6 from Utah’s federally
Importation of Tobacco Products and enforceable SIP because these rules are Table of Contents
Cigarette Papers and Tubes not generally related to attainment of I. General Information
the National Ambient Air Quality II. Summary of Final Action
CFR Correction Standards (NAAQS) and are therefore III. Summary of Public Comments and EPA’s
In Title 27 of the Code of Federal not required to be in Utah’s SIP. Finally, Response
EPA will be removing Utah’s National IV. Statutory and Executive Order Review
Regulations, parts 1 to 399, revised as of
April 1, 2005, on page 894, in § 41.86, Emission Standards for Hazardous Air I. General Information
paragraph (d), in the last sentence Pollutants (NESHAPS) rule R307–1–
4.12. Utah has delegation of authority Definitions—For the purpose of this
remove ‘‘ATF’’ and add in its place document, we are giving meaning to
‘‘TTB,’’ and on page 902, in § 41.126, for NESHAPs in 40 CFR part 61 (49 FR
36368), pursuant to 110(k)(6) of the Act, certain words or initials as follows:
last sentence, remove ‘‘regional director (i) The words or initials Act or CAA
(compliance)’’ and add in its place therefore we are removing the existing
mean or refer to the Clean Air Act,
‘‘appropriate TTB officer.’’ language (R307–1–4.12) that was
unless the context indicates otherwise.
approved into Utah’s current SIP
[FR Doc. 06–55506 Filed 2–13–06; 8:45 am] (ii) The words EPA, we, us or our
because it is no longer required to be in
BILLING CODE 1505–01–D mean or refer to the United States
the SIP. This action is being taken under
Environmental Protection Agency.
section 110 of the Clean Air Act. (iii) The initials SIP mean or refer to
DATES: Effective Date: This rule is State Implementation Plan.
ENVIRONMENTAL PROTECTION effective on March 16, 2006.
AGENCY (iv) The words State mean the State
ADDRESSES: EPA has established a of Utah, unless the context indicates
40 CFR Part 52 docket for this action under Docket ID otherwise.
No. EPA–R08–OAR–2005–UT–0001. All
[EPA–R08–OAR–2005–UT–0001; FRL–8027– documents in the docket are listed in II. Summary of Final Action
4] the Regional Materials in EDOCKET On October 13, 2005 EPA published
(RME) index at http://docket.epa.gov/ a notice of proposed rulemaking (NPR)
Approval and Promulgation of Air
rmepub/. On November 28, 2005, RME, for the State of Utah (70 FR 59681). The
Quality Implementation Plans; Utah;
EPA’s electronic public docket and NPR proposed approval of the
Rule Recodification
comment system, was replaced by an recodification of the UAC rules that had
AGENCY: Environmental Protection enhanced federal-wide electronic docket previously been approved into Utah’s
Agency (EPA). management and comment system SIP, removed from Utah’s SIP rule
ACTION: Final rule. located at http://www.regulations.gov. language that is obsolete or is generally
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Therefore, you will be redirected to that not related to attainment of the NAAQS
SUMMARY: EPA is taking final action to site to access the docket EPA–R08– and is therefore not appropriate to be in
approve State Implementation Plan OAR–2005–UT–0001. Although listed Utah’s SIP and arranged rules to allow
(SIP) revisions submitted by the in the index, some information is not for a more coherent SIP structure. The
Governor of Utah on September 20, publicly available, i.e., Confidential formal SIP revisions were submitted by

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