Self-Regulatory Organizations; National Association of Securities Dealers, Inc.; Order Approving Proposed Rule Change and Amendment No. 1 Thereto To Clarify the Listing Standards Applicable to Companies in Bankruptcy Proceedings, 61163 [E5-5787]

Download as PDF Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Notices changes a due, fee, or other charge imposed by the Exchange. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–CHX–2005–24 on the subject line. Number SR–CHX–2005–24 and should be submitted on or before November 10, 2005. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.9 Jonathan G. Katz, Secretary. [FR Doc. E5–5786 Filed 10–19–05; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–52603; File No. SR–NASD– 2005–082] Self-Regulatory Organizations; National Association of Securities Dealers, Inc.; Order Approving Proposed Rule Change and Amendment No. 1 Thereto To Clarify the Listing Standards Applicable to Companies in Bankruptcy Proceedings October 13, 2005. On June 22, 2005, the National Association of Securities Dealers, Inc. (‘‘NASD’’), through its subsidiary, The Nasdaq Stock Market, Inc. (‘‘Nasdaq’’), Paper Comments filed with the Securities and Exchange • Send paper comments in triplicate Commission (‘‘Commission’’), pursuant to Jonathan G. Katz, Secretary, to Section 19(b)(1) of the Securities Securities and Exchange Commission, Exchange Act of 1934 (‘‘Act’’) 1 and Rule 100 F Street, NE., Washington, DC 19b–4 thereunder,2 a proposed rule 20549–9303. change to clarify the listing standards All submissions should refer to File applicable to companies in bankruptcy Number SR–CHX–2005–24. This file proceedings. On August 23, 2005, number should be included on the Nasdaq filed Amendment No. 1 to the subject line if e-mail is used. To help the proposed rule change.3 The proposed Commission process and review your rule change was published for comment comments more efficiently, please use in the Federal Register on September only one method. The Commission will 13, 2005.4 The Commission received no post all comments on the Commission’s comments on the proposal. This order Internet Web site (https://www.sec.gov/ approves the proposed rule change. rules/sro.shtml). Copies of the The Commission finds that the submission, all subsequent proposed rule change, as amended, is amendments, all written statements consistent with the requirements of the with respect to the proposed rule Act and the rules and regulations change that are filed with the thereunder applicable to a national Commission, and all written securities association,5 the requirements communications relating to the of Section 15A of the Act,6 in general, proposed rule change between the and Section 15A(b)(6) of the Act,7 in Commission and any person, other than particular, which requires, among other those that may be withheld from the things, that NASD’s rules be designed to public in accordance with the provisions of 5 U.S.C. 552, will be 9 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). available for inspection and copying in 2 17 CFR 240.19b–4. the Commission’s Public Reference 3 In Amendment No. 1, Nasdaq made Room. Copies of such filing also will be typographical corrections to the rule text and a available for inspection and copying at correction to the stated purpose of the proposed the principal office of CHX. All rule change. 4 See Securities Exchange Act Release No. 52385 comments received will be posted (September 7, 2005), 70 FR 54096. without change; the Commission does 5 In approving this proposed rule change, the not edit personal identifying Commission has considered the proposed rule’s information from submissions. You impact on efficiency, competition, and capital should submit only information that formation. 15 U.S.C. 78c(f). 6 15 U.S.C. 78o–3. you wish to make available publicly. All 7 15 U.S.C. 78o–3(b)(6). submissions should refer to File VerDate Aug<31>2005 16:14 Oct 19, 2005 Jkt 208001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 61163 prevent fraudulent and manipulative acts and practices, promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The Commission believes the proposed rule change may remove ambiguity surrounding the standards applicable to companies involved in bankruptcy proceedings and may require such companies to meet heightened initial inclusion standards upon emerging from bankruptcy, thereby protecting investors and the public interest. It is therefore ordered, pursuant to section 19(b)(2) of the Act,8 that the proposed rule change (SR–NASD–2005– 082), as amended, is approved. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.9 Jonathan G. Katz, Secretary. [FR Doc. E5–5787 Filed 10–19–05; 8:45 am] BILLING CODE 8010–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Agency Information Collection Activity Under OMB Review, Request for Comments; Renewal of an Approved Information Collection Activity, Procedures for Non-Federal Navigation Facilities Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. AGENCY: SUMMARY: The information kept is used by the FAA as proof that non-Federal navigation facilities are maintained within certain specified tolerances. DATES: Please submit comments by November 21, 2005. FOR FURTHER INFORMATION CONTACT: Judy Street on (202) 267–9895. SUPPLEMENTARY INFORMATION: Federal Aviation Administration (FAA). Title: Procedures for Non-Federal Navigation Facilities. Type of Request: Renewal of an approved collection. OMB Control Number: 2120–0014. Forms(s): None. Affected Public: A total of 2413 navigation facility operators. 8 15 9 17 E:\FR\FM\20OCN1.SGM U.S.C. 78s(b)(2). CFR 200.30–3(a)(12). 20OCN1

Agencies

[Federal Register Volume 70, Number 202 (Thursday, October 20, 2005)]
[Notices]
[Page 61163]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5787]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52603; File No. SR-NASD-2005-082]


Self-Regulatory Organizations; National Association of Securities 
Dealers, Inc.; Order Approving Proposed Rule Change and Amendment No. 1 
Thereto To Clarify the Listing Standards Applicable to Companies in 
Bankruptcy Proceedings

October 13, 2005.
    On June 22, 2005, the National Association of Securities Dealers, 
Inc. (``NASD''), through its subsidiary, The Nasdaq Stock Market, Inc. 
(``Nasdaq''), filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to clarify the listing standards applicable to 
companies in bankruptcy proceedings. On August 23, 2005, Nasdaq filed 
Amendment No. 1 to the proposed rule change.\3\ The proposed rule 
change was published for comment in the Federal Register on September 
13, 2005.\4\ The Commission received no comments on the proposal. This 
order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, Nasdaq made typographical corrections to 
the rule text and a correction to the stated purpose of the proposed 
rule change.
    \4\ See Securities Exchange Act Release No. 52385 (September 7, 
2005), 70 FR 54096.
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    The Commission finds that the proposed rule change, as amended, is 
consistent with the requirements of the Act and the rules and 
regulations thereunder applicable to a national securities 
association,\5\ the requirements of Section 15A of the Act,\6\ in 
general, and Section 15A(b)(6) of the Act,\7\ in particular, which 
requires, among other things, that NASD's rules be designed to prevent 
fraudulent and manipulative acts and practices, promote just and 
equitable principles of trade, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. The 
Commission believes the proposed rule change may remove ambiguity 
surrounding the standards applicable to companies involved in 
bankruptcy proceedings and may require such companies to meet 
heightened initial inclusion standards upon emerging from bankruptcy, 
thereby protecting investors and the public interest.
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    \5\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78o-3.
    \7\ 15 U.S.C. 78o-3(b)(6).
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    It is therefore ordered, pursuant to section 19(b)(2) of the 
Act,\8\ that the proposed rule change (SR-NASD-2005-082), as amended, 
is approved.
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    \8\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Jonathan G. Katz,
Secretary.
 [FR Doc. E5-5787 Filed 10-19-05; 8:45 am]
BILLING CODE 8010-01-P
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