Issuer Delisting; Notice of Application of Applera Corporation To Withdraw Its Applera Corporation-Applied Biosystems Group Common Stock $.01 Par Value, Together With Rights To Purchase Series A Participating Junior Preferred Stock, $.01 Par Value, and Applera Corporation-Celera Genomics Group Common Stock, $.01 Par Value, Together With Rights To Purchase Series B Participating Junior Preferred Stock, $.01 Par Value, From Listing and Registration on the Pacific Exchange, Inc. File No. 1-04389, 72865-72866 [E5-6982]
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Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Notices
staff estimates that preparation of the
rule 18f–3 plan may require 4 hours of
the services of an attorney or accountant
employed by the firm, at a cost of
approximately $140 per hour for
professional time,7 and approval of the
plan may require 1 hour of the attention
of each of 6 directors, at a cost of
approximately $635 per hour per
director.8 The staff therefore estimates
that the aggregate annual cost of
complying with the paperwork
requirements of the rule is
approximately $2,495,270 ((4 hours × 1
professional × 571 responses × $140) +
(1 hour × 6 directors × 571 responses ×
$635)).
The estimated annual burden of 5,710
hours represents an increase of 937
hours over the prior estimate of 4,773
hours. The increase in burden hours is
attributable to a change in estimates of
the number of multiple class funds that
are subject to the rule based on recent
Commission filings. For the most part,
however, most funds require less time to
prepare the rule 18f–3 plans because
they only need to amend existing plans.
The estimate of average burden hours
is made solely for the purposes of the
Paperwork Reduction Act. The estimate
is not derived from a comprehensive or
even a representative survey or study of
the costs of Commission rules.
Complying with this collection of
information requirement is mandatory.
Responses will not be kept confidential.
An agency may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless it
displays a currently valid control
number.
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
18f–3 plan every two years when issuing a new
class or amending a plan (or that 571 of all 1,142
funds prepare and approve a plan each year). The
estimate assumes that the time required to prepare
a plan is 4 hours per plan (or 2,284 hours for 571
funds annually), and the time required to approve
a plan is an additional 1 hour per director per plan
(or 3,426 hours for 571 funds annually (assuming
6 directors per fund)).
7 Hourly rates are derived from salary information
compiled by the Securities Industry Association.
We used the annual salary listed for the Deputy
General Counsel position, adjusted upward by 35%
to reflect possible overhead costs and employee
benefits, to make our estimate. See Securities
Industry Association, Report on Management and
Professional Earnings in the Securities Industry
(2004) (available in part at https://
www.careerjournal.com/salaryhiring (last visited
Nov. 17, 2005)).
8 Hourly rates are based on previous estimates,
adjusted to reflect a 27% reported increase in
compensation during the 2003–2004 period. See
Management Practice Inc. Bulletin: More Meetings
Means More Pay for Fund Directors (April 2005)
(available at https://www.mfgovern.com).
VerDate Aug<31>2005
13:01 Dec 06, 2005
Jkt 208001
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
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, 100 F Street,
NE., Washington, DC 20549.
Dated: November 29, 2005.
Jonathan G. Katz,
Secretary.
[FR Doc. E5–6980 Filed 12–6–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
Issuer Delisting; Notice of Application
of Applera Corporation To Withdraw Its
Applera Corporation-Applied
Biosystems Group Common Stock
$.01 Par Value, Together With Rights
To Purchase Series A Participating
Junior Preferred Stock, $.01 Par Value,
and Applera Corporation-Celera
Genomics Group Common Stock, $.01
Par Value, Together With Rights To
Purchase Series B Participating Junior
Preferred Stock, $.01 Par Value, From
Listing and Registration on the Pacific
Exchange, Inc. File No. 1–04389
December 1, 2005.
On November 14, 2005, Applera
Corporation, 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 Applera
Corporation-Applied Biosystems Group
common stock $.01 par value, together
with rights to purchase series A
participating junior preferred stock, $.01
par value, and Applera CorporationCelera Genomics Group common stock,
$.01 par value, together with rights to
purchase series B participating junior
preferred stock, $.01 par value
(collectively ‘‘Securities’’), from listing
1 15
2 17
PO 00000
U.S.C. 78l(d).
CFR 240.12d2–2(d).
Frm 00088
Fmt 4703
and registration on the Pacific
Exchange, Inc. (‘‘PCX’’).
The Board of Directors (‘‘Board’’) of
the Issuer approved a resolution on June
16, 2005 to withdraw the Securities
from PCX. The Issuer stated that the
Board determined that it is in the best
interest of the Issuer and its
stockholders to withdraw the Securities
from PCX to avoid the direct and
indirect costs associated with the listing
of the Securities on PCX since the
Securities are 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 Securities 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 December 23, 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
• Send an e-mail to rulecomments@sec.gov. Please include the
File Number 1–04389 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 1–04389. 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.
3 15
Sfmt 4703
72865
E:\FR\FM\07DEN1.SGM
U.S.C. 781(b).
07DEN1
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Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Notices
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.
Any interested person may, on or
before December 23, 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:
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.4
Jonathan G. Katz,
Secretary.
[FR Doc. E5–6982 Filed 12–6–05; 8:45 am]
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 1–08966 or;
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
Issuer Delisting; Notice of Application
of SJW Corp. To Withdraw Its Common
Stock, $1.042 Par Value, From Listing
and Registration on the American
Stock Exchange LLC File No. 1–08966
December 1, 2005.
On November 10, 2005, SJW Corp., a
California 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, $1.042 par value (‘‘Security’’),
from listing and registration on the
American Stock Exchange LLC
(‘‘Amex’’).
On October 27, 2005, the Board of
Directors (‘‘Board’’) of the Issuer
approved a resolution to withdraw the
Security from listing on Amex. The
Board decided that it is in the best
interest of the Issuer to list the Security
on the New York Stock Exchange
(‘‘NYSE’’). In order to avoid the direct
and indirect costs and the division of
the market resulting from dual listing on
Amex and NYSE, the Board decided to
withdraw the Security from listing on
Amex.
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
California, in which it is incorporated,
and provided written notice of
withdrawal to Amex.
The Issuer’s application relates solely
to the withdrawal of the Security from
listing on the Amex, and shall not affect
its continued listing on the NYSE or its
obligation to be registered under section
12(b) of the Act.3
4 17
CFR 200.30–3(a)(1).
U.S.C. 78l(d).
2 17 CFR 240.12d2–2(d).
3 15 U.S.C. 78l(b).
1 15
VerDate Aug<31>2005
13:01 Dec 06, 2005
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 1–08966. 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. E5–6983 Filed 12–6–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Pub. L. 94–409, that the
Securities and Exchange Commission
4 17
Jkt 208001
PO 00000
CFR 200.30–3(a)(1).
Frm 00089
Fmt 4703
Sfmt 4703
will hold the following meeting during
the week of December 12, 2005:
An Open Meeting will be held on
Wednesday, December 14, 2005 at 10
a.m. in Room L–002, the Auditorium.
The subject matter of the Open
Meeting scheduled for Wednesday,
December 14, 2005 will be:
1. The Commission will consider whether
to propose a new rule that would enable a
foreign private issuer meeting specified
conditions to terminate its Exchange Act
registration and reporting obligations under
section 12(g) regarding a class of equity
securities as well as terminate permanently
its section 15(d) reporting obligations
regarding a class of equity or debt securities.
The Commission will also consider whether
to propose a rule amendment that would
apply the exemption from Exchange Act
registration under Rule 12g3–2(b) to a class
of equity securities immediately upon the
effective date of the issuer’s termination of
effectiveness regarding that class of
securities.
For further information, please contact
Elliot Staffin, Special Counsel, Office of
International Corporate Finance, Division of
Corporation Finance at (202) 551–3450.
2. The Commission will consider whether
to adopt amendments to the ‘‘accelerated
filer’’ definition in Rule 12b–2 of the
Securities Exchange Act of 1934 to ease some
of the current restrictions on the exit of
companies from accelerated filer status. The
Commission will also consider adopting
amendments that would amend the final
phase-in of the Form 10–K and Form 10–Q
accelerated filing deadlines that is scheduled
to take effect next year. Accelerated filers
currently are scheduled to become subject to
a 60-day filing deadline for their Form 10–
K annual reports filed for fiscal years ending
on or after December 15, 2005, and a 35-day
deadline for the three subsequently filed
quarterly reports on Form 10–Q.
For further information, please contact
Katherine Hsu, Special Counsel, Office of
Rulemaking, Division of Corporation
Finance, at (202) 551–3430.
3. The Commission will consider whether
to propose amendments to the best-price rule
for issuer and third-party tender offers under
the Securities Exchange Act of 1934. The
proposed amendments would clarify that the
best-price rule applies only with respect to
the consideration offered and paid for
securities tendered in a tender offer and
should not apply to consideration offered
and paid according to employment
compensation, severance or other employee
benefit arrangements entered into with
employees or directors of the company that
is the target of a third-party tender offer.
For further information, please contact
Mara L. Ransom, Special Counsel, Office of
Mergers & Acquisitions, Division of
Corporation Finance at (202) 551–3440.
At times, changes in Commission priorities
require alterations in the scheduling of
meeting items. For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please contact:
The Office of the Secretary at (202) 551–5400.
E:\FR\FM\07DEN1.SGM
07DEN1
]]>Agencies
[Federal Register Volume 70, Number 234 (Wednesday, December 7, 2005)]
[Notices]
[Pages 72865-72866]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6982]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Issuer Delisting; Notice of Application of Applera Corporation To
Withdraw Its Applera Corporation-Applied Biosystems Group Common Stock
$.01 Par Value, Together With Rights To Purchase Series A Participating
Junior Preferred Stock, $.01 Par Value, and Applera Corporation-Celera
Genomics Group Common Stock, $.01 Par Value, Together With Rights To
Purchase Series B Participating Junior Preferred Stock, $.01 Par Value,
From Listing and Registration on the Pacific Exchange, Inc. File No. 1-
04389
December 1, 2005.
On November 14, 2005, Applera Corporation, 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 Applera Corporation-Applied Biosystems
Group common stock $.01 par value, together with rights to purchase
series A participating junior preferred stock, $.01 par value, and
Applera Corporation-Celera Genomics Group common stock, $.01 par value,
together with rights to purchase series B participating junior
preferred stock, $.01 par value (collectively ``Securities''), from
listing and registration on the Pacific Exchange, Inc. (``PCX'').
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78l(d).
\2\ 17 CFR 240.12d2-2(d).
---------------------------------------------------------------------------
The Board of Directors (``Board'') of the Issuer approved a
resolution on June 16, 2005 to withdraw the Securities from PCX. The
Issuer stated that the Board determined that it is in the best interest
of the Issuer and its stockholders to withdraw the Securities from PCX
to avoid the direct and indirect costs associated with the listing of
the Securities on PCX since the Securities are 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
Securities 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 December 23, 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
Send an e-mail to rule-comments@sec.gov. Please include
the File Number 1-04389 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 1-04389. 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.
[[Page 72866]]
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.
---------------------------------------------------------------------------
\4\ 17 CFR 200.30-3(a)(1).
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\4\
Jonathan G. Katz,
Secretary.
[FR Doc. E5-6982 Filed 12-6-05; 8:45 am]
BILLING CODE 8010-01-P
