Issuer Delisting; Notice of Application of Mercury Air Group, Inc. To Withdraw Its Common Stock, $.01 Par Value, From Listing and Registration on the American Stock Exchange LLC File No. 1-07134, 2070-2071 [E6-195]

Download as PDF 2070 Federal Register / Vol. 71, No. 8 / Thursday, January 12, 2006 / Notices 1934 (‘‘Act’’) 1 and Rule 12d2–2(d) thereunder,2 to withdraw its class A common stock, $.10 par value (‘‘Security’’), from listing and registration on the American Stock Exchange LLC (‘‘Amex’’). The Issuer stated in its application that it is in the best interest of the Issuer to list its Security on the Nasdaq National Market (‘‘Nasdaq’’) and to withdraw the Security from listing on Amex. The Issuer stated that it believes that Nasdaq would provide a more efficient trading platform for the Security and better execution for its shareholders at lower spreads.3 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 Florida, 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 Amex and from registration under Section 12(b) of the Act,4 and shall not affect its obligation to be registered under Section 12(g) of the Act.5 Any interested person may, on or before January 31, 2006, 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 rulecomments@sec.gov. Please include the File Number 1–09487 or; Paper Comments erjones on PROD1PC68 with NOTICES • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–9303. All submissions should refer to File Number 1–09487. 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 1 15 U.S.C. 78l(d). CFR 240.12d2–2(d). 3 The Issuer supplemented its application on January 4, 2006. 4 15 U.S.C. 78l(b). 5 15 U.S.C. 78l(g). 2 17 VerDate Aug<31>2005 15:02 Jan 11, 2006 Jkt 208001 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.6 Nancy M. Morris, Secretary. [FR Doc. E6–196 Filed 1–11–06; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION Issuer Delisting; Notice of Application of Mercury Air Group, Inc. To Withdraw Its Common Stock, $.01 Par Value, From Listing and Registration on the American Stock Exchange LLC File No. 1–07134 January 5, 2006. On December 13, 2005, Mercury Air Group, Inc., 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 common stock, $.01 par value (‘‘Security’’), from listing and registration on the American Stock Exchange LLC (‘‘Amex’’). On September 16, 2005, the Board of Directors (‘‘Board’’) of the Issuer unanimously approved resolutions to withdraw the Security from listing and registration on Amex. The Issuer stated that the Board is taking such action for the following reasons: (i) To eliminate the costs of compliance with Section 404 of the Sarbanes-Oxley Act and related regulations estimated to be up to $3,000,000 through June 30, 2007 and approximately $500,000 per year thereafter; (ii) to reduce the limited time that management and other employees will have to spend to implement the Section 404 internal controls certificate provisions of the Sarbanes-Oxley Act, 6 17 CFR 200.30–3(a)(1). U.S.C. 78l(d). 2 17 CFR 240.12d2–2(d). thus enabling them to devote more of their time and energy to the Issuer’s strategy and operations. 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 providing 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 Any interested person may, on or before January 31, 2006 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 rulecomments@sec.gov. Please include the File Number 1–07134 or; Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–9303. All submissions should refer to File Number 1–07134. 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. 1 15 PO 00000 Frm 00058 Fmt 4703 3 15 Sfmt 4703 E:\FR\FM\12JAN1.SGM U.S.C. 78l(b). 12JAN1 Federal Register / Vol. 71, No. 8 / Thursday, January 12, 2006 / Notices For the Commission, by the Division of Market Regulation, pursuant to delegated authority.4 Nancy M. Morris, Secretary. [FR Doc. E6–195 Filed 1–11–06; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION Issuer Delisting; Notice of Application of NiSource Inc., To Withdraw Its Common Stock, $.01 Par Value, and the Preferred Stock Purchase Rights, From Listing and Registration on the Chicago Stock Exchange, Inc. File No. 1–09779 their obligation to be registered under section 12(b) of the Act.4 Any interested person may, on or before February 1, 2006, comment on the facts bearing upon whether the application has been made in accordance with the rules of CHX, 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 1–09779 or; erjones on PROD1PC68 with NOTICES January 6, 2006. Paper Comments On December 13, 2005, NiSource Inc., 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 common stock, $.01 par value, and the preferred stock purchase rights (collectively ‘‘Securities’’), from listing and registration on the Chicago Stock Exchange, Inc. (‘‘CHX’’). The Board of Directors (‘‘Board’’) of the Issuer approved a resolution on October 25, 2005 to withdraw the Securities from CHX and the Pacific Exchange, Inc., (‘‘PCX’’). The Issuer stated that the following reasons factored into the Board’s decision to withdraw the Securities from CHX and PCX: (i) the costs and administrative burdens of complying with both CHX and PCX rules and regulations outweigh the utility to the Issuer and its shareholders of having the Securities listed on such exchange; and (ii) the Securities are listed on the New York Stock Exchange, Inc. (‘‘NYSE’’) and will continue to list on NYSE. The Issuer stated in its application that it has complied with applicable rules of CHX by complying with all applicable laws in the State of Delaware, the state in which the Issuer is incorporated, and by providing CHX with the required documents governing the withdrawal of securities from listing and registration on CHX. The Issuer’s application relates solely to the withdrawal of the Securities from listing on CHX and shall not affect their continued listing on NYSE or PCX,3 or • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–9303. 4 17 CFR 200.30–3(a)(1). U.S.C. 78l(d). 2 17 CFR 240.12d2–2(d). 3 On December 13, 2005, the Issuer filed an application with the Commission to withdraw the 1 15 VerDate Aug<31>2005 15:02 Jan 11, 2006 Jkt 208001 All submissions should refer to File Number 1–09779. 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 Nancy M. Morris, Secretary. [FR Doc. E6–213 Filed 1–11–06; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION Issuer Delisting; Notice of Application of NiSource Inc., To Withdraw Its Common Stock, $.01 Par Value, and the Preferred Stock Purchase Rights, From Listing and Registration on the Pacific Exchange, Inc. File No. 1–09779 January 6, 2006. On December 13, 2005, NiSource Inc., 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 common stock, $.01 par value, and the preferred stock purchase rights (collectively ‘‘Securities’’), from listing and registration on the Pacific Exchange, Inc. (‘‘PCX’’). The Board of Directors (‘‘Board’’) of the Issuer approved a resolution on October 25, 2005 to withdraw the Securities from PCX and the Chicago Stock Exchange, Inc., (‘‘CHX’’). The Issuer stated that the following reasons factored into the Board’s decision to withdraw the Securities from PCX and CHX: (i) The costs and administrative burdens of complying with both PCX and CHX rules and regulations outweigh the utility to the Issuer and its shareholders of having the Securities listed on such exchange; and (ii) the Securities are listed on the New York Stock Exchange, Inc. (‘‘NYSE’’) and will continue to list on NYSE. The Issuer stated in its application that it has complied with applicable rules of PCX by complying with all applicable laws in the State of Delaware, the state in which the Issuer is incorporated, and 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 their continued listing on NYSE or CHX,3 or their obligation to be registered under section 12(b) of the Act.4 Any interested person may, on or before February 1, 2006, comment on the facts bearing upon whether the application has been made in accordance with the rules of PCX, and 1 15 U.S.C. 78l(d). CFR 240.12d2–2(d). 3 On December 13, 2005, the Issuer filed an application with the Commission to withdraw the Securities from listing and registration on CHX. Notice of such application will be published separately. 4 15 U.S.C. 781(b). 2 17 Securities from listing and registration on PCX. Notice of such application will be published separately. 4 15 U.S.C. 78l(b). 5 17 CFR 200.30–3(a)(1). PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 2071 E:\FR\FM\12JAN1.SGM 12JAN1

Agencies

[Federal Register Volume 71, Number 8 (Thursday, January 12, 2006)]
[Notices]
[Pages 2070-2071]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-195]


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SECURITIES AND EXCHANGE COMMISSION


Issuer Delisting; Notice of Application of Mercury Air Group, 
Inc. To Withdraw Its Common Stock, $.01 Par Value, From Listing and 
Registration on the American Stock Exchange LLC File No. 1-07134

January 5, 2006.
    On December 13, 2005, Mercury Air Group, Inc., 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 common stock, $.01 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 September 16, 2005, the Board of Directors (``Board'') of the 
Issuer unanimously approved resolutions to withdraw the Security from 
listing and registration on Amex. The Issuer stated that the Board is 
taking such action for the following reasons: (i) To eliminate the 
costs of compliance with Section 404 of the Sarbanes-Oxley Act and 
related regulations estimated to be up to $3,000,000 through June 30, 
2007 and approximately $500,000 per year thereafter; (ii) to reduce the 
limited time that management and other employees will have to spend to 
implement the Section 404 internal controls certificate provisions of 
the Sarbanes-Oxley Act, thus enabling them to devote more of their time 
and energy to the Issuer's strategy and operations.
    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 
providing 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\
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78l(b).
---------------------------------------------------------------------------

    Any interested person may, on or before January 31, 2006 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 1-07134 or;

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-9303.

All submissions should refer to File Number 1-07134. 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.


[[Page 2071]]


    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\4\
---------------------------------------------------------------------------

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

Nancy M. Morris,
Secretary.
[FR Doc. E6-195 Filed 1-11-06; 8:45 am]
BILLING CODE 8010-01-P