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, A u g u s t 8, 1959

available information, it is hereby found PART 964 DRIED FIGS PRODUCED
that the limitation of handling of such IN CALIFORNIA
lemons as hereinafter provided will tend to effectuate the declared policy of the Expenses of Dried Fig Administrative Committee for 195960 Crop Year SiCtj 2
It is hereby further found that it and a Rate of Assessment for Such is impracticable and contrary to the pub Crop Year lic interest to give preliminary notice, Notice was published in the July 28, engage in public rule-making procedure, and postpone the effective date o f this 1959, issue of the F ed er al R e g is t e r 24
section until 30 days after publication F.R. 6005 that, pursuant to Marketing hereof in the F e d e r a l R e g is t e r 60 Stat. Agreement No. 123, as amended, and 237; 5 U.S.C. 1001 et seq. because the Order No. 64, as amended 7 CFR Part time intervening between the date when 964, hereinafter referred to collectively inform ation upon which this section is as the order , regulating the handling based become available and the time of dried figs produced in California, ef when this section must become effective fective under the Agricultural Marketing in order to effectuate the declared policy Agreement Act of 1937, as amended of the act is insufficient, and a reasonable secs. 1-19, 48 Stat. 31, as amended;
time is permitted, under the circum 7 U.S.C. 601-674, there were under con stances, for preparation for such effective sideration proposed expenses of the time; and good cause exists for making Dried Fig Administrative Committee, the provisions hereof effective as herein established under the order, for the 1959after set forth. The committee held an 60 crop year and a rate of assessment open meeting during the current week, fo r that year, as unanimously recom after giving due notice thereof, to con mended by the committee and herein sider supply and market conditions for after set forth. In said notice, interested lemons and the need for regulation; in persons were afforded the opportunity to terested persons were afforded an Oppor file written data, views, or arguments tunity to submit information and views with respect to the proposals. No such at this meeting; the recommendation comment was filed within the prescribed and supporting information for regula time.
A fter consideration of all relevant tion during the period specified herein were promptly submitted to the Depart matters presented, including the infor ment after such meeting was held; the mation and recommendations submitted provisions of this section, including its by the committee, other available infor effective time, are identical with the mation, and said notice, it is hereby aforesaid recommendation of the com found and determined and, f therefore, mittee, and information concerning ordered, that the expenses of the com such provisions and effective time has mittee and the rate of assessment for been disseminated among handlers of the crop year beginning August 1, 1959, such lemons; it is necessary, in order to shall be as follows:
effectuate the declared policy of the act, 964.304 Expenses o f the Dried Fig A d
to make this section effective during the ministrative Committee and rate o f period herein specified; and compliance assessment fo r the 195960 crop with this section will not require any spe year.
cial preparation on the part of persons a Expenses.
Expenses in t h e subject hereto which cannot be com pleted on or before the effective date amount of $26,700 are reasonable and hereof. Such committee meeting was likely to be incurred by the Dried Fig Administrative Committee during the held on August 5, 1959.
b Order. 1 The respective quan crop year beginning August 1, 1959, and tities of lemons grown in California and ending July 31, 1960, for its mainte Arizona which may be handled during nance and functioning.
b Rate of assessment. Each han the period beginning at 12:01 a.m., P.s.t., August 9,1959, and ending at 12:01 a.m., dler shall pay to the Dried Fig Adminis trative Committee, in accordance with P.s.t., August 16, 1959, are hereby fixed the provisions of Marketing Agreement as follows:
No. 123, as amended, and Order No. 64, i District 1: Unlimited movement;
as amended, as such handlers pro rata District 2: 372,000 cartons;
share o f the aforesaid expenses, an as iii District 3: Unlimited movement. sessment of $1.50 for each ton of salable 2 As used in this section, handled, tonnage dried figs handled by him as the District 1, District 2, District 3, and first handler thereof during the crop carton have the same meaning as when year beginning August 1, 1959, and end used in the said amended marketing ing July 31,1960 ; and such rate of assess ment is hereby fixed for such crop year.
agreement and order.
c Salable tonnage dried figs. The Secs. 1- 19, 48 stat. 31, as amended; 7 U.S.C.
term "salable tonnage dried figs , as used 601-674
in 964.304b, means and includes all natural condition dried figs acquired by Dated: August 6,1959.
a handler during the crop year beginning > . F l o y d F . H e d l u n d , August 1,1959, pursuant to the applicable Acting Director, Fruit and Vege provisions of the aforesaid marketing table Division, Agricultural agreement, as amended, and order, as Marketing Service.
amended.
F.R. Doc.

59-6613; Filed, 9:12 a.m.

Aug.

6385

FEDERAL REGISTER

7,
1959;

I t is hereby further found that good cause exists for not postponing the effec
tive date hereof until 30 days after publi cation ip the F e d e r a l R e g ist e r 5 U.S.C.
1001-1011 in that: 1 Pursuant to the order, the rate of assessment applies to all salable tonnage dried figs handled by handlers as the first handlers thereof during a crop year; 2 the current crop year 1959-60 crop year extends from August 1, 1959, through July 31, 1960, and handlers are already acquiring, as first handlers thereof, salable tonnage dried figs; 3 the .committee should be enabled to obtain promptly sufficient funds from the 1959-60 crop year assess ments in order to defray expenses of ad ministering the program during such crop year; 4 wttiile the committee has on hand and may use, as authorized by 964.71 and 964.72, the assessment funds from the 1958-59 crop year that were not expended in connection with program operations during such crop year, such funds are not sufficient to pay the expenses incurred by the committee during the early months o f the current crop year; 5 compliance with this action will require no advance prepara tion on the part of handlers; and 6
it As imperative that this action be made effective as soon as possible and not later than the date on which this order is pub lished in the F ed er al R e g is t e r .
Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C.
601-674

Dated August 5, 1959, to become effec tive upon publication in the F ederal R e g is t e r .
F l o y d F. H e d l u n d ,
Acting Director, Fruit and Vegetable Division.
F.R.

Doc.

59-6569; Filed, 8:51 a.m.

Aug.

7,
1959;

Title 17 COMMODITY AND
SECURITIES EXCHANGES
Chapter II Securities and Exchange Commission PART 230 RULES AND REGULATION, SECURITIES ACT OF 1933
PART 239 FORMS PRESCRIBED UN
DER THE SECURITIES ACT OF 1933
Adoption of Rules and Regulations Relating to Assessable Stock The Securities and Exchange Commis sion announced today that it has adopted certain rule changes relative to assess able stock. These rule changes make it clear that the levying of assessments on assessable stock involves the offer ing and sale of securities within the meaning o f the Securities Act of 1933.
A draft of the proposed rule changes was published on March 5, 1958 and revised proposals, which included a proposed ex emption from registration, were pub lished on March 4, 1959. The Commis sion has given careful consideration to