

[Federal Register: March 23, 2006 (Volume 71, Number 56)]
[Notices]               
[Page 14746]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr06-75]                         

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SECURITIES AND EXCHANGE COMMISSION

[File No. 1-12672]

 
Issuer Delisting; Notice of Application of AvalonBay Communities, 
Inc. To Withdraw Its Common Stock, $.01 Par Value, and 8.70% Series H 
Cumulative Redeemable Preferred Stock, $.01 Par Value, From Listing and 
Registration on the Pacific Exchange, Inc.

March 16, 2006.
    On March 13, 2006, AvalonBay Communities, Inc., 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, $.01 par value, and 8.70% 
series H cumulative redeemable preferred stock, $.01 par value, 
(collectively ``Securities''), 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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    The Board of Directors (``Board'') of the Issuer approved 
resolutions on February 8, 2006 to withdraw the Securities from listing 
on PCX. The Issuer stated that the Board decided to withdraw the 
Securities from listing on PCX because the Issuer has determined that: 
(i) The benefits of continued listing on PCX do not outweigh the 
incremental cost of the listing fees and the administrative burden 
associated with listing on PCX and (ii) the Securities are listed, and 
will continue to list on the New York Stock Exchange, LLC (``NYSE'') 
which, based on recent trading volumes appears adequate to meet 
investors needs.
    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 their continued 
listing on NYSE or their 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 April 11, 2006, 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 1-12672 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 1-12672. 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.
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    \4\ 17 CFR 200.30-3(a)(1).

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\4\
Nancy M. Morris,
Secretary.
 [FR Doc. E6-4176 Filed 3-22-06; 8:45 am]

BILLING CODE 8010-01-P
