Issuer Delisting; Notice of Application of Dynamex Inc. To Withdraw Its Common Stock, $.01 par value, From Listing and Registration on the American Stock Exchange LLC File No. 1-15001, 16312 [E5-1395]

Download as PDF 16312 Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Notices conditioning certain exemptions upon such contractual alterations.7 Based on an analysis of investment company filings, the staff estimates that approximately 200 new funds register annually. Assuming that the number of these funds that will use the services of subadvisers is proportionate to the number of funds that currently use the services of subadvisers, approximately 46 new funds will enter into subadvisory agreements each year.8 The Commission staff estimates, based on an analysis of investment company filings, that an additional 10 funds, currently in existence, will employ the services of subadvisers for the first time each year. Thus, the staff estimates that a total of 56 funds, with a total of 78 portfolios,9 will enter into subadvisory agreements each year. Assuming that each of these funds enters into a contract that permits it to rely on the exemption in rule 10f– 3, we estimate that the rule’s contract modification requirement will result in 117 burden hours annually.10 The staff estimates, therefore, that rule 10f–3 imposes an information collection burden of 4,250 hours.11 This estimate does not include the time spent filing transaction reports on Form N-SAR, which is encompassed in the information collection burden estimate for that form. Written comments are invited on: (a) Whether the collections of information are necessary for the proper performance of the functions of the Commission, including whether the information has practical utility; (b) the accuracy of the Commission’s estimate of the burdens of the collections of information; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burdens of the collections of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and 7 Rules 12d3–1, 10f–3, 17a–10, and 17e–1 require virtually identical modifications to fund advisory contracts. The Commission staff assumes that funds would rely equally on the exemptions in these rules, and therefore the burden hours associated with the required contract modifications should be apportioned equally among the four rules. 8 Approximately 23 percent of funds are advised by subadvisers. 9 Based on existing statistics, we assume that each fund has 1.4 portfolios advised by a subadviser. 10 This estimate is based on the following calculations: (78 portfolios × 6 hours = 468 burden hours for rules 12d3–1, 10f–3, 17a–10, and 17e–1; 468 total burden hours for all of the rules / four rules = 117 annual burden hours per rule). 11 This estimate is based on the following calculations: (500 hours + 333 hours + 800 hours + 2,500 hours + 117 hours = 4,250 total burden hours). VerDate jul<14>2003 15:07 Mar 29, 2005 Jkt 205001 suggestions submitted in writing within 60 days of this publication. Please direct your written comments to R. Corey Booth, Director/Chief Information Officer, Office of Information Technology, Securities and Exchange Commission, 450 5th Street, NW., Washington, DC 20549. Dated: March 23, 2005. Margaret H. McFarland, Deputy Secretary. [FR Doc. E5–1396 Filed 3–29–05; 8:45 am] to be registered under Section 12(g) of the Act.4 Any interested person may, on or before April 19, 2005, comment on the facts bearing upon whether the application has been made in accordance with the rules of the Amex, and what terms, if any, should be imposed by the Commission for the protection of investors. All comment letters may be submitted by either of the following methods: BILLING CODE 8010–01–P Electronic Comments SECURITIES AND EXCHANGE COMMISSION • Send an e-mail to rulecomments@sec.gov. Please include the File Number 1–15001 or; Issuer Delisting; Notice of Application of Dynamex Inc. To Withdraw Its Common Stock, $.01 par value, From Listing and Registration on the American Stock Exchange LLC File No. 1–15001 March 24, 2005. On March 9, 2005, Dynamex Inc., a Delaware corporation (‘‘Issuer’’), filed an application with the Securities and Exchange Commission (‘‘Commission’’), pursuant to Section 12(d) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 12d2–2(d) thereunder,2 to withdraw its common stock, $.01 par value (‘‘Security’’), from listing and registration on the American Stock Exchange LLC (‘‘Amex’’). On March 7, 2005, the Board of Directors (‘‘Board’’) of the Issuer unanimously approved resolutions to withdraw the Security from listing and registration on Amex and to list the Security on the Nasdaq National Market (‘‘Nasdaq’’). The Board believed listing the Security on Nasdaq will provide shareholders enhanced liquidity as well as provide the Issuer with greater exposure to institutional investors. The Board stated that the Issuer listed its Security on Nasdaq effective March 14, 2005. The Issuer stated that it has met the requirements of Amex’s rules governing an issuer’s voluntary withdrawal of a security from listing and registration by complying with all the applicable laws in effect in Delaware, in which it is incorporated. The Issuer’s application relates solely to the withdrawal of the Security from listing on the Amex and from registration under Section 12(b) of the Act,3 and shall not affect its obligation PO 00000 U.S.C. 78l(d). CFR 240.12d2–2(d). 3 15 U.S.C. 781(b). Paper Comments • Send paper comments in triplicate to Jonathan G. Katz, Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549–0609. All submissions should refer to File Number 1–15001. This file number should be included on the subject line if e-mail is used. To help us process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s Internet Web site (https://www.sec.gov/rules/delist.shtml). Comments are also available for public inspection and copying in the Commission’s Public Reference Room. All comments received will be posted without change; we do not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. The Commission, based on the information submitted to it, will issue an order granting the application after the date mentioned above, unless the Commission determines to order a hearing on the matter. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.5 Jonathan G. Katz, Secretary. [FR Doc. E5–1395 Filed 3–29–05; 8:45 am] BILLING CODE 8010–01–P 1 15 2 17 Frm 00103 Fmt 4703 Sfmt 4703 4 15 5 17 E:\FR\FM\30MRN1.SGM U.S.C. 781(g). CFR 200.30–3(a)(1). 30MRN1

Agencies

[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Notices]
[Page 16312]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1395]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION


Issuer Delisting; Notice of Application of Dynamex Inc. To 
Withdraw Its Common Stock, $.01 par value, From Listing and 
Registration on the American Stock Exchange LLC File No. 1-15001

March 24, 2005.
    On March 9, 2005, Dynamex Inc., a Delaware corporation 
(``Issuer''), filed an application with the Securities and Exchange 
Commission (``Commission''), pursuant to Section 12(d) of the 
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 12d2-2(d) 
thereunder,\2\ to withdraw its common stock, $.01 par value 
(``Security''), from listing and registration on the American Stock 
Exchange LLC (``Amex'').
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
---------------------------------------------------------------------------

    On March 7, 2005, the Board of Directors (``Board'') of the Issuer 
unanimously approved resolutions to withdraw the Security from listing 
and registration on Amex and to list the Security on the Nasdaq 
National Market (``Nasdaq''). The Board believed listing the Security 
on Nasdaq will provide shareholders enhanced liquidity as well as 
provide the Issuer with greater exposure to institutional investors. 
The Board stated that the Issuer listed its Security on Nasdaq 
effective March 14, 2005.
    The Issuer stated that it has met the requirements of Amex's rules 
governing an issuer's voluntary withdrawal of a security from listing 
and registration by complying with all the applicable laws in effect in 
Delaware, in which it is incorporated.
    The Issuer's application relates solely to the withdrawal of the 
Security from listing on the Amex and from registration under Section 
12(b) of the Act,\3\ and shall not affect its obligation to be 
registered under Section 12(g) of the Act.\4\
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 781(b).
    \4\ 15 U.S.C. 781(g).
---------------------------------------------------------------------------

    Any interested person may, on or before April 19, 2005, comment on 
the facts bearing upon whether the application has been made in 
accordance with the rules of the Amex, and what terms, if any, should 
be imposed by the Commission for the protection of investors. All 
comment letters may be submitted by either of the following methods:

Electronic Comments

     Send an e-mail to rule-comments@sec.gov. Please include 
the File Number 1-15001 or;

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., 
Washington, DC 20549-0609.
    All submissions should refer to File Number 1-15001. This file 
number should be included on the subject line if e-mail is used. To 
help us process and review your comments more efficiently, please use 
only one method. The Commission will post all comments on the 
Commission's Internet Web site (https://www.sec.gov/rules/delist.shtml). 
Comments are also available for public inspection and copying in the 
Commission's Public Reference Room. All comments received will be 
posted without change; we do not edit personal identifying information 
from submissions. You should submit only information that you wish to 
make available publicly.
    The Commission, based on the information submitted to it, will 
issue an order granting the application after the date mentioned above, 
unless the Commission determines to order a hearing on the matter. For 
the Commission, by the Division of Market Regulation, pursuant to 
delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(1).

Jonathan G. Katz,
Secretary.
[FR Doc. E5-1395 Filed 3-29-05; 8:45 am]
BILLING CODE 8010-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.