Issuer Delisting; Notice of Application of Arch Coal, Inc. To Withdraw Its 5% Perpetual Cumulative Convertible Preferred Stock (liquidation preference $50 Per Share), From Listing and Registration on the New York Stock Exchange, Inc. File No. 1-13105, 9182 [E6-2435]

Download as PDF 9182 Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / Notices 3. Does the proposed change involve a significant reduction in a margin of safety? Response: No. The proposed changes relocate the specific ASTM standard references from the Administrative Controls Section of TS to a licensee-controlled document. Instituting the proposed changes will continue to ensure the use of applicable ASTM standards to evaluate the quality of both new and stored fuel oil designated for use in the emergency DGs. Changes to the licensee-controlled document are performed in accordance with the provisions of 10 CFR 50.59. This approach provides an effective level of regulatory control and ensures that diesel fuel oil testing is conducted such that there is no significant reduction in a margin of safety. The ‘‘clear and bright’’ test used to establish the acceptability of new fuel oil for use prior to addition to storage tanks has been expanded to allow a water and sediment content test to be performed to establish the acceptability of new fuel oil. The margin of safety provided by the DGs is unaffected by the proposed changes since there continue to be TS requirements to ensure fuel oil is of the appropriate quality for emergency DG use. The proposed changes provide the flexibility needed to improve fuel oil sampling and analysis methodologies while maintaining sufficient controls to preserve the current margins of safety. Based upon the reasoning presented above, the NRC staff proposes to determine that the amendment request involves no significant hazards consideration. Dated at Rockville, Maryland, this 10th day of February 2006. For the Nuclear Regulatory Commission. William D. Reckley, Senior Project Manager, Special Projects Branch, Division of Policy and Rulemaking, Office of Nuclear Reactor Regulation. [FR Doc. 06–1621 Filed 2–21–06; 8:45 am] BILLING CODE 7590–01–P cprice-sewell on PROD1PC66 with NOTICES SECURITIES AND EXCHANGE COMMISSION Issuer Delisting; Notice of Application of Arch Coal, Inc. To Withdraw Its 5% Perpetual Cumulative Convertible Preferred Stock (liquidation preference $50 Per Share), From Listing and Registration on the New York Stock Exchange, Inc. File No. 1–13105 1 15 February 14, 2006. On February 6, 2006, Arch Coal, Inc., a Delaware corporation (‘‘Issuer’’), filed VerDate Aug<31>2005 14:35 Feb 21, 2006 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 5% perpetual cumulative convertible preferred stock (liquidation preference $50 per share) (‘‘Security’’), from listing and registration on the New York Stock Exchange, Inc. (‘‘NYSE’’). On January 6, 2006, the Board of Directors (‘‘Board’’) of the Issuer approved resolutions to withdraw the Security from listing and registration on NYSE. The Issuer previously commenced a conversion offer (‘‘Offer’’) to pay a premium to holders of any and all of the Security who elected to convert to shares of the Issuer’s common stock, par value $.01 per share, subject to the terms of the Offer. On December 31, 2005, the Issuer accepted for conversion all shares of the Security validly tendered and not withdrawn as of the expiration date of the Offer. Upon expiration of the Offer, 150,508 shares of the Security remained outstanding. Based on information provided to the Issuer from its transfer agent, the Securities that remain outstanding are held by approximately 35 holders. The Board decided that it was in the best interest of the Issuer and its stockholders to delist and deregister the Security on NYSE due to the limited market for the Security. The Issuer stated that it has complied with the requirements of NYSE’s rules governing an issuer’s voluntary withdrawal of a security from listing and registration by complying with all applicable rules in the State of Delaware, in which the Issuer is incorporated, and 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 Security from listing on 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 March 13, 2006, 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 Jkt 208001 U.S.C. 78l(d). CFR 240.12d2–2(d). 3 15 U.S.C. 78l(b). 4 15 U.S.C. 78l(g). 2 17 PO 00000 Frm 00102 Fmt 4703 submitted by either of the following methods: Electronic Comments • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/delist.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include the File Number 1–13105 or; Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. All submissions should refer to File Number 1–13105. 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 (http://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. E6–2435 Filed 2–21–06; 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, Public Law 94–409, that the Securities and Exchange Commission will hold the following meeting during the week of February 20, 2006: A Closed Meeting will be held on Thursday, February 23, 2006 at 2 p.m. Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries 5 17 Sfmt 4703 E:\FR\FM\22FEN1.SGM CFR 200.30–3(a)(1). 22FEN1

Agencies

[Federal Register Volume 71, Number 35 (Wednesday, February 22, 2006)]
[Notices]
[Page 9182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2435]


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SECURITIES AND EXCHANGE COMMISSION


Issuer Delisting; Notice of Application of Arch Coal, Inc. To 
Withdraw Its 5% Perpetual Cumulative Convertible Preferred Stock 
(liquidation preference $50 Per Share), From Listing and Registration 
on the New York Stock Exchange, Inc. File No. 1-13105

February 14, 2006.
    On February 6, 2006, Arch Coal, 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 5% perpetual cumulative convertible 
preferred stock (liquidation preference $50 per share) (``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).
---------------------------------------------------------------------------

    On January 6, 2006, the Board of Directors (``Board'') of the 
Issuer approved resolutions to withdraw the Security from listing and 
registration on NYSE. The Issuer previously commenced a conversion 
offer (``Offer'') to pay a premium to holders of any and all of the 
Security who elected to convert to shares of the Issuer's common stock, 
par value $.01 per share, subject to the terms of the Offer. On 
December 31, 2005, the Issuer accepted for conversion all shares of the 
Security validly tendered and not withdrawn as of the expiration date 
of the Offer. Upon expiration of the Offer, 150,508 shares of the 
Security remained outstanding. Based on information provided to the 
Issuer from its transfer agent, the Securities that remain outstanding 
are held by approximately 35 holders. The Board decided that it was in 
the best interest of the Issuer and its stockholders to delist and 
deregister the Security on NYSE due to the limited market for the 
Security.
    The Issuer stated that it has complied with the requirements of 
NYSE's rules governing an issuer's voluntary withdrawal of a security 
from listing and registration by complying with all applicable rules in 
the State of Delaware, in which the Issuer is incorporated, and 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 
Security from listing on 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 March 13, 2006, 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 (http://
www.sec.gov/rules/delist.shtml); or
     Send an e-mail to rule-comments@sec.gov. Please include 
the File Number 1-13105 or;

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number 1-13105. 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 (http://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).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E6-2435 Filed 2-21-06; 8:45 am]
BILLING CODE 8010-01-P