

[Federal Register: February 22, 2006 (Volume 71, Number 35)]
[Notices]               
[Page 9182]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22fe06-163]                         

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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'').
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    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
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    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Security validly tendered and not withdrawn as of the expiration date 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\
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    \3\ 15 U.S.C. 78l(b).
    \4\ 15 U.S.C. 78l(g).
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    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\
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    \5\ 17 CFR 200.30-3(a)(1).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-2435 Filed 2-21-06; 8:45 am]

BILLING CODE 8010-01-P
