Issuer Delisting; Notice of Application of The Zweig Total Return Fund, Inc. to Withdraw Its Common Stock, $.001 Par value, From Listing and Registration on the Pacific Exchange, Inc., 43468-43469 [E5-3975]

Download as PDF 43468 Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Notices obligation to be registered under Section 12(b) of the Act.3 Any interested person may, on or before August 12, 2005, comment on the facts bearing upon whether the application has been made in accordance with the rules of PCX, 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 1–13905 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 1–13905. 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.4 Jonathan G. Katz, Secretary. [FR Doc. E5–3988 Filed 7–26–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [File No. 1–09258] Issuer Delisting; Notice of Application of The Zweig Fund, Inc. To Withdraw its Common Stock, $.10 par Value, From Listing and Registration on the Pacific Exchange, Inc. July 20, 2005. On June 21, 2005, The Zweig Fund, Inc., a Maryland 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, $.10 par value (‘‘Security’’), from listing and registration on the Pacific Exchange, Inc. (‘‘PCX’’). On May 10, 2005, the Board of Directors (‘‘Board’’) of the Issuer approved a resolution to withdraw the Security from listing and registration on PCX. The Board stated that the reason for its decision to withdraw the Security from PCX is that the volume of trading in the Security on PCX has been very modest. The Board determined that the benefits of continued listing on the PCX do not outweigh the incremental costs of the listing fee and administrative time and expense associated with listing on PCX. The Security is currently listed and traded on the New York Stock Exchange, Inc. (‘‘NYSE’’). The Issuer stated in its application that it has complied with applicable rules of PCX by providing PCX with the required documents governing the withdrawal of securities from listing and registration on PCX. The Issuer’s application relates solely to the withdrawal of the Security from listing on PCX, and shall not affect its continued listing on NYSE or its obligation to be registered under Section 12(b) of the Act.3 Any interested person may, on or before August 12, 2005, comment on the facts bearing upon whether the application has been made in accordance with the rules of PCX, 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 U.S.C. 78l(d). CFR 240.12d2–2(d). 3 15 U.S.C. 781(b). • Send an e-mail to rulecomments@sec.gov. Please include the File Number 1–09258 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 1–09258. 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.4 Jonathan G. Katz, Secretary. [FR Doc. E5–3990 Filed 7–26–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [File No. 1–10016] Issuer Delisting; Notice of Application of The Zweig Total Return Fund, Inc. to Withdraw Its Common Stock, $.001 Par value, From Listing and Registration on the Pacific Exchange, Inc. July 20, 2005. On June 21, 2005, The Zweig Total Return Fund, Inc., a Maryland 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, $.001 par value (‘‘Security’’), from 1 15 U.S.C. 781(b). 4 17 CFR 200.30–3(a)(1). VerDate jul<14>2003 19:40 Jul 26, 2005 Jkt 205001 PO 00000 4 17 2 17 3 15 1 15 Frm 00079 Fmt 4703 Sfmt 4703 CFR 200.30–3(a)(1). U.S.C. 78l(d). 2 17 CFR 240.12d2–2(d). E:\FR\FM\27JYN1.SGM 27JYN1 Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Notices listing and registration on the Pacific Exchange, Inc. (‘‘PCX’’). On May 10, 2005, the Board of Directors (‘‘Board’’) of the Issuer approved a resolution to withdraw the Security from listing and registration on PCX. The Board stated that the reason for its decision to withdraw the Security from PCX is that the volume of trading in the Security on PCX has been very modest. The Board determined that the benefits of continued listing on PCX do not outweigh the incremental costs of the listing fee and administrative time and expense associated with listing on PCX. The Security is currently listed and traded on the New York Stock Exchange, Inc. (‘‘NYSE’’). The Issuer stated in its application that it has complied with applicable rules of PCX by providing PCX with the required documents governing the withdrawal of securities from listing and registration on PCX. The Issuer’s application relates solely to the withdrawal of the Security from listing on PCX, and shall not affect its continued listing on NYSE or its obligation to be registered under Section 12(b) of the Act.3 Any interested person may, on or before August 12, 2005, comment on the facts bearing upon whether the application has been made in accordance with the rules of PCX, 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 1–10016 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 1–10016. 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. 3 15 U.S.C. 781(b). VerDate jul<14>2003 20:48 Jul 26, 2005 Jkt 205001 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.4 Jonathan G. Katz, Secretary. [FR Doc. E5–3975 Filed 7–26–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–52074; File No. 4–429] Joint Industry Plan; Notice Filing of Amendment No. 17 to the Plan for the Purpose of Creating and Operating an Intermarket Option Linkage Regarding Modifying the 80/20 Test for Determining Limitations on Principal Order Access to Linkage July 20, 2005. Pursuant to Section 11A of the Securities Exchange Act of 1934 (‘‘Act’’)1 and Rule 11Aa3–2 thereunder,2 notice is hereby given that on April 20, 2005, May 20, 2005, May 12, 2005, April 13, 2005, April 27, 2005 and May 11, 2005, the American Stock Exchange LLC (‘‘Amex’’), the Boston Stock Exchange, Inc. (‘‘BSE’’), the Chicago Board Options Exchange, Incorporated (‘‘CBOE’’), the International Securities Exchange (‘‘ISE’’), the Pacific Exchange, Inc. (‘‘PCX’’), and the Philadelphia Stock Exchange, Inc. (‘‘Phlx’’) (collectively, ‘‘Participants’’), respectively, filed with the Securities and Exchange Commission (‘‘Commission’’) Joint Amendment No. 17 to the Plan for the Purpose of Creating and Operating an Intermarket Option Linkage (‘‘Linkage Plan’’).3 In Joint Amendment No. 17, the CFR 200.30–3(a)(1). U.S.C. 78k–1. 2 17 CFR 240.11Aa3–2. 3 On July 28, 2000, the Commission approved a national market system plan for the purpose of creating and operating an intermarket options market linkage (‘‘Linkage’’) proposed by Amex, CBOE, and ISE. See Securities Exchange Act Release No. 43086 (July 28, 2000), 65 FR 48023 (August 4, 2000). Subsequently, Phlx, PCX, and BSE joined the Linkage Plan. See Securities Exchange Act Release Nos. 43573 (November 16, 2000), 65 FR 70851 (November 28, 2000); 43574 (November 16, 2000), 65 FR 70850 (November 28, 2000); and 49198 (February 5, 2004), 69 FR 7029 (February 12, 2004). PO 00000 4 17 1 15 Frm 00080 Fmt 4703 Sfmt 4703 43469 Participants propose to modify the ‘‘80/ 20 Test’’ to determine limitations on principal order access to Linkage.4 I. Description and Purpose of the Proposed Amendment The purpose of the Joint Amendment is to modify the so-called ‘‘80–20 Test’’ (‘‘Test’’) contained in Section 8(b)(iii) of the Linkage Plan, which provides that market makers should send Principal Orders through the Linkage on a limited basis and not as a primary aspect of their business.5 The Test implements this general principle by prohibiting a market maker from sending Principal Orders in an eligible option class if, in the last calendar quarter, the market maker’s Principal Order contract volume is disproportionate to the market maker’s contract volume executed against customer orders in its own market. The Participants believe that applying the Test has resulted in anomalies for market makers with limited volume in an eligible option class. Specifically, if a market maker has very little overall trading volume in an option, the execution of one or two Principal Orders during a calendar quarter could result in the market maker failing to meet the Test. This would bar the market maker from using the Linkage to send Principal Orders for the following calendar quarter. The Participants contend that it was not their intent to bar market makers with limited volume from sending Principal Orders through the Linkage in these circumstances since such trading clearly was not ‘‘a primary aspect of their business.’’ Thus, Joint Amendment No. 17 proposes to create a de minimis exemption from the Test for market makers that have total contract volume of less than 1000 contracts in an options class for a calendar quarter. II. Implementation of the Proposed Amendment The Participants intend to make the Joint Amendment to the Linkage Plan reflected in this filing effective when the Commission approves the Joint Amendment. III. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether proposed Joint Amendment No. 17 is consistent with 4 Specified in Section 8(b)(iii) of the Linkage Plan. Principal Order is an order for the principal account of an eligible market maker that does not relate to a customer order the market maker is holding. See Section 2(16)(b) of the Linkage Plan. 5A E:\FR\FM\27JYN1.SGM 27JYN1

Agencies

[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Notices]
[Pages 43468-43469]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3975]


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SECURITIES AND EXCHANGE COMMISSION

[File No. 1-10016]


Issuer Delisting; Notice of Application of The Zweig Total Return 
Fund, Inc. to Withdraw Its Common Stock, $.001 Par value, From Listing 
and Registration on the Pacific Exchange, Inc.

July 20, 2005.
    On June 21, 2005, The Zweig Total Return Fund, Inc., a Maryland 
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, $.001 par value 
(``Security''), from

[[Page 43469]]

listing and registration on the Pacific Exchange, Inc. (``PCX'').
---------------------------------------------------------------------------

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

    On May 10, 2005, the Board of Directors (``Board'') of the Issuer 
approved a resolution to withdraw the Security from listing and 
registration on PCX. The Board stated that the reason for its decision 
to withdraw the Security from PCX is that the volume of trading in the 
Security on PCX has been very modest. The Board determined that the 
benefits of continued listing on PCX do not outweigh the incremental 
costs of the listing fee and administrative time and expense associated 
with listing on PCX. The Security is currently listed and traded on the 
New York Stock Exchange, Inc. (``NYSE'').
    The Issuer stated in its application that it has complied with 
applicable rules of PCX by providing PCX with the required documents 
governing the withdrawal of securities from listing and registration on 
PCX.
    The Issuer's application relates solely to the withdrawal of the 
Security from listing on PCX, and shall not affect its continued 
listing on NYSE or its obligation to be registered under Section 12(b) 
of the Act.\3\
---------------------------------------------------------------------------

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

    Any interested person may, on or before August 12, 2005, comment on 
the facts bearing upon whether the application has been made in 
accordance with the rules of PCX, 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 1-10016 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 1-10016. 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.\4\
---------------------------------------------------------------------------

    \4\ 17 CFR 200.30-3(a)(1).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
[FR Doc. E5-3975 Filed 7-26-05; 8:45 am]
BILLING CODE 8010-01-P
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