

[Federal Register: September 28, 2005 (Volume 70, Number 187)]
[Notices]               
[Page 56749-56750]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se05-200]                         

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SECURITIES AND EXCHANGE COMMISSION

[File No. 1-01553]

 
Issuer Delisting; Notice of Application of The Black & Decker 
Corporation To Withdraw Its Common Stock, $.50 Par Value, From Listing 
and Registration on the Pacific Exchange, Inc.

September 21, 2005.
    On August 26, 2005, The Black & Decker Corporation, 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, $.50 par value 
(``Security''), from listing and registration on the Pacific Exchange, 
Inc. (``PCX'').
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    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
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    On July 21, 2005, the Board of Directors (``Board'') of the Issuer 
approved a resolution to withdraw the Security from listing and 
registration on PCX. The Issuer stated that the following reasons 
factored into the Board's decision to withdraw the Security from PCX: 
(i) The Issuer has maintained a dual listing of the Security on the New 
York Stock Exchange (``NYSE'') and PCX since February 15, 1985; (ii) 
the primary exchange for trading the Security is NYSE; (iii) a de 
minimus amount of the Security is traded on PCX; (iv) at the time of 
the Issuer's initial listing on PCX, a regional exchange listing was 
thought to provide added liquidity to a nationally-traded stock because 
some investors traded only on regional exchanges; (v) since that time, 
however, advances in electronic trading platforms have essentially 
created a single domestic trading platform and eliminated the benefit 
of dual listings on regional exchanges; and (vi) listing on a regional 
exchange no longer provides any additional value, and delisting from 
PCX will save costs by eliminating fees associated with the listing and 
reduce reporting activities.
    The Issuer stated in its application that it has complied with 
applicable

[[Page 56750]]

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\
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    \3\ 15 U.S.C. 78l(b).
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    Any interested person may, on or before October 11, 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 (http://www.sec.gov/rules/delist.shtml.
); or     Send an e-mail to rule-comments@sec.gov. Please include 

the File Number 1-01553 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 1-01553. 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.\4\
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    \4\ 17 CFR 200.30-3(a)(1).
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Jonathan G. Katz,
Secretary.
 [FR Doc. E5-5308 Filed 9-27-05; 8:45 am]

BILLING CODE 8010-01-P
