67350 Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations 

other forms of information technology. 

Send comments or any other aspects of 

the collections of information to NMFS 

(see ADDRESSES) and by email to 

David.Rostker@omb.eop.gov, or faxed to 

202–385–7285. 

Notwithstanding any other provisions 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB control number. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, a small entity 

compliance guide was prepared for the 

HMS FMP final rule. This guide is 

posted on the NMFS SWR website 

(http://swr.nmfs.noaa.gov) and a hard 

copy will be sent to all interested parties 

upon request (see FOR FURTHER

INFORMATION CONTACT). 

List of Subjects in 15 CFR Part 902 

Reporting and recordkeeping 

requirements. 

Dated: October 28, 2005. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

■ For the reasons set out in the 

preamble, 15 CFR chapter IX, part 902, 

is amended as follows: 

15 CFR Chapter IX 

PART 902—NOAA INFORMATION 

COLLECTION REQUIREMENTS UNDER 

THE PAPERWORK REDUCTION ACT: 

OMB CONTROL NUMBERS 

1. The authority citation for part 902 

continues to read as follows: 

Authority: 44 U.S.C. 3501 et seq. 

■ 2. In § 902.1, the table in paragraph (b) 

under 50 CFR is amended by adding a 

new entry for § 660.704 to read as 

follows: 

§ 902.1 OMB control numbers assigned 

pursuant to the Paperwork Reduction Act. 

* * * * * 

(b) Display. 

CFR part or section where the 

information collection requirement is located 

Current OMB 

control number (All numbers begin 

with 0648–) 

*****

50 CFR 

*****

660.704 –0361 

*****

[FR Doc. 05–21873 Filed 11–4–05; 8:45 am] 

BILLING CODE 3510–22–S 

FEDERAL TRADE COMMISSION 

16 CFR Part 3 

Consent Agreement Settlements; 

Corrections 

AGENCY: Federal Trade Commission. 

ACTION: Correcting amendments. 

SUMMARY: The Federal Trade 

Commission published a document in 

the Federal Register on April 3, 2001 

(66 FR 17622), that, inter alia, revised 

§ 3.25(c) of the Commission Rules of 

Practice by adding a new sentence, and 

by adding a new clause to an existing 

sentence, and made those revisions 

effective on May 18, 2001. The 

Commission subsequently published a 

document in the Federal Register on 

December 12, 2001 (66 FR 64142), that, 

inter alia, further revised § 3.25(c), and 

made those revisions effective on 

December 12, 2001. Inadvertently, 

however, the December 12, 2001 

document did not include in its 

depiction of § 3.25(c), as revised, the 

new sentence and new clause added by 

the April 3, 2001 document. This 

document corrects § 3.25(c) by re-adding 

the new sentence and the new clause 

originally added by the April 3, 2001 

document. 

DATES: Effective on May 18, 2001. 

FOR FURTHER INFORMATION CONTACT: 

Donald S. Clark, Secretary of the 

Commission, at (202) 326–2514. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the FTC’s Erratum. 

List of Subjects in 16 CFR Part 3 

Administrative practice and 

procedure, Claims, Equal Access to 

Justice, Lawyers. 

■ Accordingly, 16 CFR part 3 is 

corrected by making the following 

correcting amendment: 

PART 3—RULES OF PRACTICE FOR 

ADJUDICATIVE PROCEEDINGS 

■ 1. The authority citation for Part 3 

continues to read as follows: 

Authority: 15 U.S.C. 46, unless otherwise 

noted. 

■ 2. Revise § 3.25(c) to read as follows: 

§ 3.25 Consent agreement settlements. 

* * * * * 

(c) If the proposed consent agreement 

accompanying the motion has also been 

executed by complaint counsel and 

approved by the appropriate Bureau 

Director, and the matter is still pending 

before an Administrative Law Judge, the 

Secretary shall issue an order 

withdrawing from adjudication those 

portions of the matter that the proposal 

would resolve and all proceedings 

before the Administrative Law Judge 

shall be stayed with respect to such 

portions, pending a determination by 

the Commission pursuant to paragraph 

(f) of this section. If the matter is 

pending before the Commission, the 

Commission in its discretion may, on 

motion, issue an order withdrawing 

from adjudication those portions of the 

matter that a proposed consent 

agreement would resolve for the 

purpose of considering the proposed 

consent agreement. 

* * * * * 

Donald S. Clark, 

Secretary. 

[FR Doc. 05–22162 Filed 11–4–05; 8:45 am] 

BILLING CODE 6750–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 232 

[Release Nos. 33–8633; 34–52708; 35–

28053; 39–2440; IC–27139] 

RIN 3235–AG96 

Adoption of Updated EDGAR Filer 

Manual 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Securities and Exchange 

Commission (the Commission) is 

adopting revisions to the Electronic Data 

Gathering, Analysis, and Retrieval 

System (EDGAR) Filer Manual, Volume 

II: ‘‘EDGAR Filing’’ to reflect updates to 

the EDGAR system. The revisions are 

being made primarily to support the 

amended rules and forms adopted by 

the Commission to address the use of 

Form S–8, Form 8–K, and Form 20–F by 

Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations 67351 

1We originally adopted the Filer Manual on April 

1, 1993, with an effective date of April 26, 1993. 

Release No. 33–6986 (April 1, 1993) [58 FR 18638]. 

The Commission granted the authorization to 

publish the release adopting the reorganized 

EDGAR Filer Manual, Release No. 33–8612 

(September 21, 2005) [70 FR 57130]. 

2This is the filer assistance software we provide 

filers filing on the EDGAR system. 

3See Rule 301 of Regulation S–T (17 CFR 

232.301). 

4See Release Nos. 33–6977 (February 23, 1993) 

[58 FR 14628], IC–19284 (February 23, 1993) [58 FR 

14848], 35–25746 (February 23, 1993) [58 FR 

14999], and 33–6980 (February 23, 1993) [58 FR 

15009] in which we comprehensively discuss the 

rules we adopted to govern mandated electronic 

filing. See also Release No. 33–7122 (December 19, 

1994) [59 FR 67752], in which we made the EDGAR 

rules final and applicable to all domestic 

registrants; Release No. 33–7427 (July 1, 1997) [62 

FR 36450], in which we adopted minor 

amendments to the EDGAR rules; Release No. 33–

7472 (October 24, 1997) [62 FR 58647], in which 

we announced that, as of January 1, 1998, we would 

not accept in paper filings that we require filers to 

submit electronically; Release No. 34–40934 

(January 12, 1999) [64 FR 2843], in which we made 

mandatory the electronic filing of Form 13F; 

Release No. 33–7684 (May 17, 1999) [64 FR 27888], 

in which we adopted amendments to implement 

the first stage of EDGAR modernization; Release No. 

33–7855 (April 24, 2000) [65 FR 24788], in which 

we implemented EDGAR Release 7.0; Release No. 

33–7999 (August 7, 2001) [66 FR 42941], in which 

we implemented EDGAR Release 7.5; Release No. 

33–8007 (September 24, 2001) [66 FR 49829], in 

which we implemented EDGAR Release 8.0; 

Release No. 33–8224 (April 30, 2003) [66 FR 24345], 

in which we implemented EDGAR Release 8.5; 

Release Nos. 33–8255 (July 22, 2003) [68 FR 44876] 

and 33–8255A (September 4, 2003) [68 FR 53289] 

in which we implemented EDGAR Release 8.6; 

Release No. 33–8409 (April 19, 2004) [69 FR 21954] 

in which we implemented EDGAR Release 8.7; 

Release No. 33–8454 (August 6, 2004) [69 FR 49803] 

in which we implemented EDGAR Release 8.8; 

Release No. 33–8528 (February 3, 2005) [70 FR 

6573] in which we implemented EDGAR Release 

8.10; and Release No. 33–8573 (May 19, 2005) [70 

FR 30899] in which we implemented EDGAR 

Release 9.0; and Release No. 33–8612 (September 

21, 2005) [70 FR 57130] in which the Commission 

granted the authorization to publish the release 

adopting the reorganized EDGAR Filer Manual. 

Shell Companies and the changes 

necessary to support the Securities 

Offering Reform, which will modify and 

advance significantly the registration, 

communications, and offering processes 

under the Securities Act of 1933. The 

revisions to the Filer Manual reflect 

changes within Filer Manual, Volume II: 

‘‘EDGAR Filing,’’ Version 2 (November 

2005). The updated manual will be 

incorporated by reference into the Code 

of Federal Regulations. EDGAR Filer 

Manual, Volume I: ‘‘General 

Information,’’ Version 1 (September 

2005) and Volume III: ‘‘N–SAR 

Supplement,’’ Version 1 (September 

2005) have not been changed. 

DATES: Effective Date: November 7, 

2005. The incorporation by reference of 

the EDGAR Filer Manual is approved by 

the Director of the Federal Register as of 

November 7, 2005. 

FOR FURTHER INFORMATION CONTACT: In 

the Office of Information Technology, 

Rick Heroux, at (202) 551–8800; for 

questions concerning the Division of 

Corporation Finance filings, in the 

Division of Corporation Finance, 

Herbert Scholl, Office Chief, EDGAR 

and Information Analysis, at (202) 942–

2940; for questions concerning the 

Division of Investment Management 

filings, in the Division of Investment 

Management, Ruth Armfield Sanders, 

Senior Special Counsel, at (202) 551–

6989; and, in the Office of Filings and 

Information Services, Barbara Stance, at 

(202) 551–7209. 

SUPPLEMENTARY INFORMATION: Today we 

are adopting an updated EDGAR Filer 

Manual (Filer Manual), Volume II: 

‘‘EDGAR Filing.’’ The Filer Manual 

describes the technical formatting 

requirements for the preparation and 

submission of electronic filings through 

the EDGAR system.1 It also describes 

the requirements for filing using 

EDGARLink 2 and the Online Forms/ 

XML Web site. 

The Filer Manual contains all the 

technical specifications for filers to 

submit filings using the EDGAR system. 

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.3 Filers should consult the Filer 

Manual in conjunction with our rules 

governing mandated electronic filing 

when preparing documents for 

electronic submission.4

The revisions are being made 

primarily to support the following rules 

adopted by the Commission: 

(1) Use of Form S–8, Form 8–K, and 

Form 20–F by Shell Companies 

Changes to incorporate this rule 

include: 

• Add new 8–K Item 5.06 ‘‘Change in 

Shell Company Status.’’

• Add new submission header field 

‘‘Shell Company’’ to Forms 10–K, 10–

KSB, and 20–F to allow filers to indicate 

if they meet the shell company criteria 

as specified in the rule. 

(2) Securities Offering Reform 

Changes to incorporate this rule 

include: 

• Allow eligible well-known 

seasoned issuers to register unspecified 

amounts of different specified types of 

securities on Form S–3 or Form F–3 

registration statements using new 

EDGAR submission form types S–3ASR 

and F–3ASR, which are immediately 

effective upon filing (i.e., automatic 

shelf registration). Include submission 

header field to allow issuers using an 

automatic shelf registration statement to 

indicate whether the filing fees are paid 

in advance or on a ‘‘pay-as-you-go’’

basis on the shelf registration statement. 

• Allow eligible well-known 

seasoned issuers to add additional 

securities or classes of securities and 

eligible majority-owned subsidiaries as 

additional registrants after an automatic 

shelf registration statement is effective 

using new submission form type 

POSASR. Include a submission header 

field to allow issuers using an automatic 

shelf registration statement to indicate 

whether the filing fees are paid in 

advance or on a ‘‘pay-as-you-go’’ basis 

on the shelf registration statement. 

• Allow well-known seasoned issuers 

to file a prospectus supplement 

(submission form types 424B1, 424B2, 

424B3, 424B4, 424B5, and 424B7) that 

includes a calculation of registration fee 

table. Add new submission header field 

to allow a well-known seasoned issuer 

to indicate whether the filing fees are 

paid in advance or on a ‘‘pay-as-you-go’’

basis. 

• Allow all issuers to indicate that a 

prospectus supplement is being filed 

late using new submission form type 

424(b)(8). Well-known seasoned issuers 

can include a calculation of registration 

fee table in the filing. Include a 

submission header field to allow a wellknown seasoned issuer to indicate 

whether the filing fees are paid in 

advance or on a ‘‘pay-as-you-go’’ basis. 

• Allow an issuer to file a free writing 

prospectus (FWP) using new submission 

form type FWP. Include new 

submission header fields to indicate the 

filing is made pursuant to Rule 163, 

Rule 433, or both. Include new 

submission header ‘‘First Issuing Entity 

Filing’’ checkbox to indicate that the 

FWP is the first filing for an assetbacked security issuing entity. 

• Allow filers to indicate on 

submission form type 425 whether the 

communications also is being filed 

pursuant to Rule 433, Rule 163, or both. 

• Add new submission header fields 

to submission form types 10–K, 10–KT, 

and 20–F for filers to indicate if they are 

well-known seasoned issuers. 

• Add new submission header fields 

to submission form types 10–K, 10–KT, 

and 20–F for filers, other than 

investment companies, to indicate that 

they are not required to file reports 

pursuant to Section 13 and Section 

15(d) of the Securities Exchange Act of 

1934. 

• Rescind Forms F–2 and S–2 as 

these forms were eliminated effective 

December 1, 2005. 

For EDGAR Release 9.2, the 

EDGARLink software and submission 

templates 1, 2, and 3 will be updated to 

support the aforementioned forms and 

67352 Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations 

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

6 5 U.S.C. 601–612. 

7 5 U.S.C. 553(d)(3). 

8 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a). 

9 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll. 

10 15 U.S.C. 79t. 

11 15 U.S.C. 77sss. 

12 15 U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37. 

submission form type changes. It is 

highly recommended that filers 

download, install, and use the new 

EDGARLink software and submission 

templates to ensure that submissions 

will be processed successfully. Previous 

versions of the templates may not work 

properly. Notice of the update has 

previously been provided on the 

EDGAR Filing Web site and on the 

Commission’s public Web site. The 

discrete updates are reflected on the 

EDGAR Filing Web site and in the 

updated Filer Manual Volume II. 

Along with adoption of the 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 today’s 

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. 

You may obtain paper copies of the 

updated Filer Manual at the following 

address: Public Reference Room, U.S. 

Securities and Exchange Commission, 

100 F Street, NE., Room 1580, 

Washington, DC 20549. We will post 

electronic format copies on the 

Commission’s Web site; the address for 

the Filer Manual is http://www.sec.gov/ 

info/edgar.shtml. You may also obtain 

copies from Thomson Financial, the 

paper document contractor for the 

Commission, at (800) 638–8241. 

Since the Filer Manual relates solely 

to agency procedures or practice, 

publication for notice and comment is 

not required under the Administrative 

Procedure Act (APA).5 It follows that 

the requirements of the Regulatory 

Flexibility Act 6 do not apply. 

The effective date for the updated 

Filer Manual and the rule amendments 

is November 7, 2005. In accordance 

with the APA,7 we find that there is 

good cause to establish an effective date 

less than 30 days after publication of 

these rules. The EDGAR system upgrade 

to Release 9.2 is scheduled to become 

available on November 7, 2005. The 

Commission believes that it is necessary 

to coordinate the effectiveness of the 

updated Filer Manual with the 

scheduled system upgrade. 

Statutory Basis 

We are adopting the amendments to 

Regulation S–T under Sections 6, 7, 8, 

10, and 19(a) of the Securities Act of 

1933,8 Sections 3, 12, 13, 14, 15, 23, and 

35A of the Securities Exchange Act of 

1934,9 Section 20 of the Public Utility 

Holding Company Act of 1935,10

Section 319 of the Trust Indenture Act 

of 1939,11 and Sections 8, 30, 31, and 38 

of the Investment Company Act of 

1940.12

List of Subjects in 17 CFR Part 232 

Incorporation by reference, Reporting 

and recordkeeping requirements, 

Securities. 

Text of the Amendment 

■ 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 authority citation for Part 232 

continues to read in part as follows: 

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. 

* * * * * 

■ 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 out 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 1 (September 2005). The 

requirements for filing on EDGAR are 

set forth in the EDGAR Filer Manual, 

Volume II: ‘‘EDGAR Filing,’’ Version 2 

(November 2005). Additional provisions 

applicable to Form N–SAR filers are set 

forth in the EDGAR Filer Manual, 

Volume III: ‘‘N–SAR Supplement,’’

Version 1 (September 2005). 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. You can obtain paper copies 

of the EDGAR Filer Manual from the 

following address: Public Reference 

Room, U.S. Securities and Exchange 

Commission, 100 F Street, NE., Room 

1580, Washington, DC 20549 or by 

calling Thomson Financial at (800) 638–

8241. Electronic copies are available on 

the Commission’s Web site. The address 

for the Filer Manual is http:// 

www.sec.gov/info/edgar.shtml. You can 

also photocopy the document at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Dated: November 1, 2005. 

By the Commission. 

Jonathan G. Katz, 

Secretary. 

[FR Doc. 05–22085 Filed 11–4–05; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 520 

Oral Dosage Form New Animal Drugs; 

Tetracycline Hydrochloride Soluble 

Powder 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect 

approval of an abbreviated new animal 

drug application (ANADA) filed by 

Cross Vetpharm Group Ltd. The 

ANADA provides for use of tetracycline 

hydrochloride soluble powder in the 

drinking water of calves, swine, 

chickens, and turkeys for the treatment 

and control of various bacterial 

infections. 

DATES: This rule is effective November 

7, 2005. 

FOR FURTHER INFORMATION CONTACT: John 

K. Harshman, Center for Veterinary 

Medicine (HFV–104), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 240–276–9808, email: john.harshman@fda.gov. 

SUPPLEMENTARY INFORMATION: Cross 

Vetpharm Group Ltd., Broomhill Rd., 

Tallaght, Dublin 24, Ireland, filed 

ANADA 200–374 that provides for use 

of TETRAMED 324 HCA (tetracycline 

hydrochloride), a soluble powder used 

in the drinking water of calves, swine, 

chickens, and turkeys for the treatment 

and control of various bacterial 

infections. Cross Vetpharm Group Ltd.’s