Issuer Delisting; Notice of Application of CSX Transportation, Inc. To Withdraw Its Monon Railroad 6 Percent Income Debentures (Due January 1, 2007), From Listing and Registration on the New York Stock Exchange, Inc. File No. 1-03359, 37127-37128 [E5-3338]

Download as PDF Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Notices application,’’ please take notice that the Nuclear Regulatory Commission has received the following request for an export license. Copies of the request can be accessed through the Public Electronic Reading Room (PERR) link https://www.nrc.gov/reading-rm/ adams.html at the NRC Homepage. A request for a hearing or petition for leave to intervene may be filed within 30 days after publication of this notice in the Federal Register. Any request for hearing or petition for leave to intervene shall be served by the requestor or petitioner upon the applicant, the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555; the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555; and the Executive Secretary, U.S. Department of State, Washington, DC 20520. In its review of the application for a license to export special nuclear material as defined in 10 CFR part 110 and noticed herein, the Commission does not evaluate the health, safety or environmental effects in the recipient nation of the material to be exported. The information concerning the application follows. NRC Export License Application for HighEnriched Uranium Name of Applicant Date of Application—Date Received Application Number Docket Number Material Type End Use Country of Destination DOE/NNSA—Y12, June 1, 2005 High-Enriched Uranium The material would be transferred initially to CERCA, in France, where it would be fabricated into fuel. This fuel would then be transferred to Studiecentrum voor Kernergie (SCK) for ultimate use at BR–2 research reactor located in Mol, Belgium from 2008– 2011. Belgium June 2, 2005 XSNM03404 11005562 Dated this 21st day of June 2005 at Rockville, Maryland. For the Nuclear Regulatory Commission. Margaret M. Doane, Deputy Director, Office of International Programs. [FR Doc. E5–3342 Filed 6–27–05; 8:45 am] BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION Issuer Delisting; Notice of Application of CSX Transportation, Inc. To Withdraw Its Monon Railroad 6 Percent Income Debentures (Due January 1, 2007), From Listing and Registration on the New York Stock Exchange, Inc. File No. 1–03359 June 21, 2005. On June 6, 2005, CSX Transportation, Inc., a Virginia 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 Monon Railroad 6% income debentures (due January 1, 2007) (‘‘Security’’), from listing and registration on the New York Stock Exchange, Inc. (‘‘NYSE’’). The Board of Directors (‘‘Board’’) of the Issuer approved resolutions on May 17, 2005, to withdraw the Security from listing and registration on the NYSE. The Board stated the following reasons factored into its decision to withdraw the Security from the NYSE. First, there are only a limited number of security holders of the Security. As of April 7, 2005, at least $2,900,000 of the approximately $3,100,000 principal amount outstanding was held by 70 registered holders. The Issuer believes there are fewer than 300 holders of record of the Security. Second, the Security trades infrequently on NYSE and the Issuer does not anticipate that such trading might increase appreciably. Based on information provided by NYSE, the Security traded in only 5 of the last 12 months (for the period ending May 31, 2005), representing a total of 288 trades. Third, the Issuer will realize cost and expense savings by withdrawing listing of the Security from NYSE and suspend its reporting requirements with the Commission. The Company is required to file Annual Reports on Form 10–K, Quarterly Reports on Form 10–Q, and Current Reports on Form 8–K with the Commission. In light of the relatively small number of holders and the infrequent trading of the Security, the Issuer wishes to eliminate the costs associated with continued listing and the reporting obligations with respect to the Security, including administrative and personnel costs, auditor fees and legal fees. Under Rule 12h–3(b)(1)(i) of the Act, the Company is permitted to suspend its reporting obligations with 1 15 2 17 VerDate jul<14>2003 16:46 Jun 27, 2005 Jkt 205001 PO 00000 U.S.C. 78l(d). CFR 240.12d2–2(d). Frm 00053 Fmt 4703 Sfmt 4703 37127 respect to the Security by filing a Form 15 with the Commission. In addition, the Issuer has no other securities outstanding that require it to maintain a listing for its Security on the NYSE or to continue to files reports with the Commission. Fourth, the Issuer is not obligated to list the Security, pursuant to the terms of the indenture under which the Security was issued, or to maintain a listing for the Security on NYSE or on any other exchange. Fifth, delisting of the Security will not have a material impact on the holders of the Security. The Issuer believes that, in light of the limited number of holders and low trading volume, a withdrawal of the Security from listing on NYSE will not have a material impact on the holders of the Security. The Issuer stated in its application that it has complied with NYSE’s rules governing an issuer’s voluntary withdrawal of a security from listing and registration by providing NYSE with the required documents governing the removal of securities from listing and registration on NYSE. The Issuer’s application relates solely to the withdrawal of the Securities from listing on the NYSE 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 July 15, 2005, comment on the facts bearing upon whether the application has been made in accordance with the rules of NYSE, 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 rulecomments@sec.gov. Please include the File Number 1–03359 or Paper Comments • Send paper comments in triplicate to Jonathan G. Katz, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–9303. All submissions should refer to File Number 1–03359. 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 3 15 4 15 E:\FR\FM\28JNN1.SGM U.S.C. 78l(b). U.S.C. 78l(g). 28JNN1 37128 Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Notices 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 Jill M. Peterson, Assistant Secretary. [FR Doc. E5–3338 Filed 6–27–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–51893; International Series Release No. 1291] List of Foreign Issuers That Have Submitted Information Under the Exemption Relating to Certain Foreign Securities June 21, 2005. Foreign private issuers with total assets in excess of $10,000,000 and a class of equity securities held of record by 500 or more persons, of which 300 or more reside in the United States, are subject to registration under Section 12(g) of the Securities Exchange Act of 1934 1 (the ‘‘Act’’).2 Rule 12g3–2(b) 3 provides an exemption from registration under Section 12(g) of the Act with respect to a foreign private issuer that submits to the Commission, on a current basis, the material required by the rule. The informational requirements are designed to give investors access to certain information so they have the opportunity to inform themselves about the issuer. The rule requires the issuer to provide the Commission with information that it: (1) Has made or is required to make public pursuant to the law of the country of its domicile or in which it is incorporated or organized; (2) has filed or is required to file with a stock exchange on which its securities are traded and that was made public by such exchange; and/or (3) has distributed or is required to distribute to its security holders. When the Commission adopted Rule 12g3–2(b) and other rules 4 relating to foreign securities, it indicated that from time to time it would publish lists of foreign issuers that have claimed exemptions from the registration provisions of Section 12(g) of the Act.5 The purpose of this release is to assist in making brokers, dealers, and investors aware that some form of relatively current information concerning the issuers included in this list is available in our public files.6 We also wish to bring to the attention of brokers, dealers, and investors the fact that current information concerning foreign issuers may not necessarily be available in the United States.7 We continue to expect that brokers and dealers will consider this fact in connection with their obligations under the federal securities laws to have a reasonable basis for recommending those securities to their customers.8 You may direct any questions regarding Rule 12g3–2 or the list of issuers in this release to Susan Min, Office of International Corporate Finance, Division of Corporation Finance, Securities and Exchange Commission, Room 3628, Washington, DC 20549, (202) 551–3450. This release is available on the Commission’s Web site at https://www.sec.gov/rules/ other.shtml. Requests for copies may also be directed to the Public Reference Desk, Securities and Exchange Commission, Washington, DC 20549, (202) 551–8090. For the Commission, by the Division of Corporation Finance, pursuant to delegated authority. Jill M. Peterson, Assistant Secretary. Company name Country 4 Imprint Group plc ...................................................................................................... AB Lietuvos Telekomas ............................................................................................... ABSA Group Ltd ........................................................................................................... Acclaim Energy Trust ................................................................................................... Accor S.A ..................................................................................................................... ACOM Co. Ltd .............................................................................................................. Adidas Salomon AG ..................................................................................................... Advantage Energy Income Fund ................................................................................. AEM S.p.A .................................................................................................................... AEON Co. Ltd .............................................................................................................. Aeroflot Russian International Airlines ......................................................................... Africa Israel Investments Ltd ........................................................................................ African Bank Investments ............................................................................................ African Marine Minerals Corp ...................................................................................... Afrikander Lease Lt+A391d ......................................................................................... Agenix Ltd .................................................................................................................... Agricore United ............................................................................................................. United Kingdom ........................................ Lithuania ................................................... South Africa .............................................. Canada ..................................................... France ....................................................... Japan ........................................................ Germany ................................................... Canada ..................................................... Italy ........................................................... Japan ........................................................ Russia ....................................................... Israel ......................................................... South Africa .............................................. Canada ..................................................... South Africa .............................................. Australia .................................................... Canada ..................................................... 5 17 CFR 200.30–3(a)(1). U.S.C. 78a et seq. 2 Foreign issuers may also be subject to the registration requirements of the Act by reason of having securities registered and listed on a national securities exchange in the United States, and may be subject to the reporting requirements of the Act by reason of having registered securities under the Securities Act of 1933, 15 U.S.C. 77a et seq. 3 17 CFR 240.12g3–2(b). 1 15 VerDate jul<14>2003 16:46 Jun 27, 2005 Jkt 205001 Act Release No. 8066 (April 28, 1967). Act Release No. 49846; International Series Release No. 1277 (June 10, 2004) was the last such list. 6 Inclusion of an issuer on the list in this release is not an affirmation by the Commission that the issuer has complied or is complying with all the conditions of Rule12g3–2(b). The list does identify the issuers that have both claimed the exemption and have submitted relatively current information to the Commission as of June 15, 2005. PO 00000 4 Exchange 5 Exchange Frm 00054 Fmt 4703 Sfmt 4703 File No. 82–5104 82–5086 82–4569 82–34789 82–4672 82–4121 82–4278 82–34742 82–4911 82–34806 82–4592 82–34865 82–34828 82–3329 82–34632 82–34639 82–34725 7 Paragraph (a)(4) of Rule 15c2–11 [17 CFR 240.15c2–11] requires a broker-dealer initiating a quotation for securities of a foreign private issuer to review, maintain in its files, and make reasonably available upon request the information furnished to the Commission pursuant to Rule 12g3–2(b) since the beginning of the issuer’s last fiscal year. 8 See, e.g., Hanley v. SEC, 415 F.2d 589 (2d Cir. 1969) (broker-dealer cannot recommend a security unless an adequate and reasonable basis exists for such recommendation). E:\FR\FM\28JNN1.SGM 28JNN1

Agencies

[Federal Register Volume 70, Number 123 (Tuesday, June 28, 2005)]
[Notices]
[Pages 37127-37128]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3338]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION


Issuer Delisting; Notice of Application of CSX Transportation, 
Inc. To Withdraw Its Monon Railroad 6 Percent Income Debentures (Due 
January 1, 2007), From Listing and Registration on the New York Stock 
Exchange, Inc. File No. 1-03359

June 21, 2005.
    On June 6, 2005, CSX Transportation, Inc., a Virginia 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 Monon Railroad 6% income debentures (due 
January 1, 2007) (``Security''), from listing and registration on the 
New York Stock Exchange, Inc. (``NYSE'').
---------------------------------------------------------------------------

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

    The Board of Directors (``Board'') of the Issuer approved 
resolutions on May 17, 2005, to withdraw the Security from listing and 
registration on the NYSE. The Board stated the following reasons 
factored into its decision to withdraw the Security from the NYSE. 
First, there are only a limited number of security holders of the 
Security. As of April 7, 2005, at least $2,900,000 of the approximately 
$3,100,000 principal amount outstanding was held by 70 registered 
holders. The Issuer believes there are fewer than 300 holders of record 
of the Security. Second, the Security trades infrequently on NYSE and 
the Issuer does not anticipate that such trading might increase 
appreciably. Based on information provided by NYSE, the Security traded 
in only 5 of the last 12 months (for the period ending May 31, 2005), 
representing a total of 288 trades. Third, the Issuer will realize cost 
and expense savings by withdrawing listing of the Security from NYSE 
and suspend its reporting requirements with the Commission. The Company 
is required to file Annual Reports on Form 10-K, Quarterly Reports on 
Form 10-Q, and Current Reports on Form 8-K with the Commission. In 
light of the relatively small number of holders and the infrequent 
trading of the Security, the Issuer wishes to eliminate the costs 
associated with continued listing and the reporting obligations with 
respect to the Security, including administrative and personnel costs, 
auditor fees and legal fees. Under Rule 12h-3(b)(1)(i) of the Act, the 
Company is permitted to suspend its reporting obligations with respect 
to the Security by filing a Form 15 with the Commission. In addition, 
the Issuer has no other securities outstanding that require it to 
maintain a listing for its Security on the NYSE or to continue to files 
reports with the Commission. Fourth, the Issuer is not obligated to 
list the Security, pursuant to the terms of the indenture under which 
the Security was issued, or to maintain a listing for the Security on 
NYSE or on any other exchange. Fifth, delisting of the Security will 
not have a material impact on the holders of the Security. The Issuer 
believes that, in light of the limited number of holders and low 
trading volume, a withdrawal of the Security from listing on NYSE will 
not have a material impact on the holders of the Security.
    The Issuer stated in its application that it has complied with 
NYSE's rules governing an issuer's voluntary withdrawal of a security 
from listing and registration by providing NYSE with the required 
documents governing the removal of securities from listing and 
registration on NYSE.
    The Issuer's application relates solely to the withdrawal of the 
Securities from listing on the NYSE 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 July 15, 2005, comment on 
the facts bearing upon whether the application has been made in 
accordance with the rules of NYSE, 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 1-03359 or

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-9303.
    All submissions should refer to File Number 1-03359. 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

[[Page 37128]]

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).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. E5-3338 Filed 6-27-05; 8:45 am]
BILLING CODE 8010-01-P
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