Issuer Delisting; Notice of Application of E-Z-EM, Inc. To Withdraw Its Common Stock, $.10 Par Value, From Listing and Registration on the American Stock Exchange LLC File No. 1-11479, 20193-20194 [05-7639]

Download as PDF Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Notices other factors that warrant consideration? What are they? In developing the Strategic Transformation Plan 2006– 2010, the Postal Service would like to receive stakeholders’ views and comments on these and other long-term external changes, issues, and trends. The Postal Service also invites comment on its long-range organizational goals, or objectives, published most recently in the Preliminary Annual Performance Plan for 2005 as part of the FY 2004 Comprehensive Statement on Postal Operations. The Postal Service has employed long-range goals, or objectives, as part of a strategic planning process for over two decades, along with systematic performance assessments. The Postal Service has developed a disciplined process to establish goals, objectives, indicators, and targets; assign resources to programs that support achievement of the targets; implement the programs; and review performance. Stakeholder input will also support and enhance the performance process. The United States Postal Service maintains a Web page dedicated to soliciting comments on its Strategic Transformation Plan 2006–2010: https:// www.usps.com/strategicplanning/2006– 2010.htm. Stakeholders are requested to review this Web site, and may submit emails or send written comments. Interested parties are encouraged to complete the survey presented on the Web page, and, if desired, respond to the following questions included on the survey: • If there were one change you could write into Transformation 2006–2010 for the Postal Service, what would it be? • What is most important to your organization in the next five years, and how can the Postal Service best help you? • What should the Postal Service look like in five years? What are the most important changes that should be made? • What is the proper balance among the multiple goals of the Postal Service (universal service, financial selfsufficiency, public services, cost management and productivity, workplace and workforce improvement, effective products and services, responsive customer support)? • What information should the Postal Service be providing to stakeholders? Stanley F. Mires, Chief Counsel, Legislative. [FR Doc. 05–7750 Filed 4–15–05; 8:45 am] BILLING CODE 7710–12–P VerDate jul<14>2003 16:08 Apr 15, 2005 Jkt 205001 SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of Filings and Information Services, Washington, DC 20549. Extension: Rule 11Ab2–1, SEC File No. 270– 882, OMB Control No. 3235–0043; Form SIP,SEC File No. 270–882, OMB Control No. 3235–0043. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission (‘‘Commission’’) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. Rule 11Ab2–1 (Form of Application and Amendments) and Form SIP establish the procedures by which a Securities Information Processor (‘‘SIP’’) files and amends its SIP registration form. The information filed with the Commission pursuant to Rule 11Ab2–1 and Form SIP is designed to provide the Commission with the information necessary to make the required findings under the Act before granting the SIP’s application for registration. In addition, the requirement that a SIP file an amendment to correct any inaccurate information is designed to assure that the Commission has current, accurate information with respect to the SIP. This information is also made available to members of the public. Only exclusive SIPs are required to register with the Commission. An exclusive SIP is a SIP that engages on an exclusive basis on behalf of any national securities exchange or registered securities association, or any national securities exchange or registered securities association which engages on an exclusive basis on its own behalf, in collecting, processing, or preparing for distribution or publication, any information with respect to (i) transactions or quotations on or effective or made by means of any facility of such exchange or (ii) quotations distributed or published by means of any electronic quotation system operated by such association. The Federal securities laws require that before the commission may approve the registration of an exclusive SIP, it must make certain mandatory findings. It takes a SIP applicant approximately 400 hours to prepare documents which PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 20193 include sufficient information to enable the Commission to make those findings. Currently, there are only two exclusive SIPs registered with the Commission; The Securities Information Automation Corporation (‘‘SIAC’’) and The Nasdaq Stock Market, Inc. (‘‘Nasdaq’’). SIAC and Nasdaq are required to keep the information on file with the Commission current, which entails filing a form SIP annually to update information. Accordingly, the annual reporting and recordkeeping burden for Rule 11Ab2–1 and Form SIP is 400 hours. This annual reporting and recordkeeping burden does not include the burden hours or cost of amending a Form SIP because the Commission has already overstated the compliance burdens by assuming that the Commission will receive one initial registration pursuant to Rule 11Ab2–1 on Form SIP a year. Written comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection 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 suggestions submitted in writing within 60 days of this publication. Please direct your written comments to R. Corey Booth, Director/Chief Information Officer, Securities and Exchange Commission, 450 5th Street, NW., Washington, DC 20549. Dated: April 7, 2005. Jill M. Peterson, Assistant Secretary. [FR Doc. E5–1802 Filed 4–15–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION Issuer Delisting; Notice of Application of E–Z–EM, Inc. To Withdraw Its Common Stock, $.10 Par Value, From Listing and Registration on the American Stock Exchange LLC File No. 1–11479 April 8, 2005. On April 1, 2005, E–Z–EM, Inc., a Delaware corporation (‘‘Issuer’’), filed an application with the Securities and Exchange Commission (‘‘Commission’’), E:\FR\FM\18APN1.SGM 18APN1 20194 Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Notices 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, $.10 par value (‘‘Security’’), from listing and registration on the American Stock Exchange LLC (‘‘Amex’’). On March 30, 2005, the Board of Directors (‘‘Board’’) of the Issuer approved resolutions to withdraw the Security from listing and registration on Amex and to list the Security on The Nasdaq National Market Systems (‘‘Nasdaq’’). The Issuer stated that the Board determined that Nasdaq is a more efficient and better structured marketplace that may provide the Issuer with a variety of advantages over Amex, including, but not limited to, a screenbased electronic marketplace with competing market makers, increased liquidity, faster trade execution time and better execution quality. The Board also stated that it believes that the public’s positive perception of Nasdaq marketplace may provide better identity and improved visibility for the Issuer. The Issuer stated that it expects trading in the Security on Nasdaq to begin April 12, 2005. The Issuer stated in its application that it has met the requirements of Amex Rule 18 by complying with all applicable laws in effect in the state of Delaware, in which it is incorporated, and provided written notice of withdrawal to Amex. The Issuer’s application relates solely to 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 Any interested person may, on or before May 3, 2005, comment on the facts bearing upon whether the application has been made in accordance with the rules of 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: 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 1–11479. 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. 05–7639 Filed 4–15–05; 8:45 am] BILLING CODE 8010–01–M SECURITIES AND EXCHANGE COMMISSION [Release No. 34–51534; File No. SR–MSRB– 2005–05] Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Amendment to Rule G–8, on Recordkeeping, to Add Requirement for Predispute Arbitration Agreements With Customers, and Amendment to Rule A–11, on Indemnification, to Delete Obsolete References to Arbitrators Electronic Comments April 12, 2005. • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/delist.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include the File Number 1–11479 or; Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on March 21, 2005, the Municipal Securities Rulemaking Board (‘‘MSRB’’ or ‘‘Board’’), filed with the Securities and Exchange Commission (‘‘Commission’’ 1 15 U.S.C. 78l(d). CFR 240.12d2–2(d). 3 15 U.S.C. 78l(b). 4 15 U.S.C. 78l(g). 2 17 VerDate jul<14>2003 16:08 Apr 15, 2005 5 17 CFR 200.30–3(a)(1). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 1 15 Jkt 205001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 or ‘‘SEC’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the MSRB. The MSRB filed an amendment to the proposed rule change on April 1, 2005.3 The MSRB has filed the proposal as a ‘‘non-controversial’’ rule change pursuant to Section 19(b)(3)(A)(iii) of the Act,4 and Rule 19b–4(f)(6) thereunder,5 which renders the proposal effective upon filing with the Commission. However, the MSRB has set an effective date of May 1, 2005, to coincide with recent amendments to NASD Rule 3110(f), on predispute arbitration agreements with customers.6 The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The MSRB is filing with the Commission a proposed rule change consisting of technical amendments to Rule G–8, on recordkeeping, and Rule A–11, on indemnification. The MSRB has set an effective date for the amendments of May 1, 2005. The text of the proposed rule change is available on the MSRB’s Web site (https:// www.msrb.org), at the MSRB’s principal office, and at the Commission’s Public Reference Room. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the MSRB included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The MSRB has prepared summaries, set forth in 3 The amendment replaces, in its entirety, the previously filed proposed rule language to MSRB Rule G–8 with new language to conform with the language of NASD Rule 3110(f) that is set to become effective on May 1, 2005 (‘‘Amendment No. 1’’). 4 15 U.S.C. 78s(b)(3)(A)(iii). 5 17 CFR 240.19b–4(f)(6). 6 In November 2004, the SEC approved amendments to NASD Rule 3110(f) that require NASD member firms to modify their predispute arbitration agreements with customers to provide enhanced disclosure about the arbitration process. The amendments also require NASD members to provide copies of predispute arbitration agreements and relevant arbitration forum rules to customers upon request; clarify the use of certain limiting provisions; and require firms seeking to compel arbitration of claims initiated in court to arbitrate all of the claims contained in the complaint if the customer so requests. See Release No. 34–50713 (November 22, 2004), effective May 1, 2005. E:\FR\FM\18APN1.SGM 18APN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 70, Number 73 (Monday, April 18, 2005)]
[Notices]
[Pages 20193-20194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7639]


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SECURITIES AND EXCHANGE COMMISSION


Issuer Delisting; Notice of Application of E-Z-EM, Inc. To 
Withdraw Its Common Stock, $.10 Par Value, From Listing and 
Registration on the American Stock Exchange LLC File No. 1-11479

April 8, 2005.
    On April 1, 2005, E-Z-EM, Inc., a Delaware corporation 
(``Issuer''), filed an application with the Securities and Exchange 
Commission (``Commission''),

[[Page 20194]]

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, $.10 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 30, 2005, the Board of Directors (``Board'') of the Issuer 
approved resolutions to withdraw the Security from listing and 
registration on Amex and to list the Security on The Nasdaq National 
Market Systems (``Nasdaq''). The Issuer stated that the Board 
determined that Nasdaq is a more efficient and better structured 
marketplace that may provide the Issuer with a variety of advantages 
over Amex, including, but not limited to, a screen-based electronic 
marketplace with competing market makers, increased liquidity, faster 
trade execution time and better execution quality. The Board also 
stated that it believes that the public's positive perception of Nasdaq 
marketplace may provide better identity and improved visibility for the 
Issuer. The Issuer stated that it expects trading in the Security on 
Nasdaq to begin April 12, 2005.
    The Issuer stated in its application that it has met the 
requirements of Amex Rule 18 by complying with all applicable laws in 
effect in the state of Delaware, in which it is incorporated, and 
provided written notice of withdrawal to Amex.
    The Issuer's application relates solely to 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. 78l(b).
    \4\ 15 U.S.C. 78l(g).
---------------------------------------------------------------------------

    Any interested person may, on or before May 3, 2005, comment on the 
facts bearing upon whether the application has been made in accordance 
with the rules of 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

     Use the Commission's Internet comment form (https://
www.sec.gov/rules/delist.shtml); or
     Send an e-mail to rule-comments@sec.gov. Please include 
the File Number 1-11479 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 
1-11479. 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. 05-7639 Filed 4-15-05; 8:45 am]
BILLING CODE 8010-01-M

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