[Federal Register Volume 69, Number 213 (Thursday, November 4, 2004)]
[Notices]
[Pages 64331-64332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3002]


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SECURITIES AND EXCHANGE COMMISSION

[File No. 1-06549]


Issuer Delisting; Notice of Application of American Science and 
Engineering, Inc. To Withdraw Its Common Stock, $.66\2/3\ Par Value, 
From Listing and Registration on the American Stock Exchange LLC

October 29, 2004.
    On October 1, 2004, American Science and Engineering, Inc., a 
Massachusetts 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

[[Page 64332]]

stock, $.66\2/3\ par value (``Security''), from listing and 
registration on the American Stock Exchange LLC (``Amex'' or 
``Exchange'').
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    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
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    The Issuer represents that the Board of Directors (``Board'') of 
the Issuer approved a resolution on July 28, 2004 to withdraw the 
Issuer's Security from listing on the Amex and to list the Security on 
Nasdaq National Market (``Nasdaq''). The Issuer states it would be in 
the best interest of the Issuer to list the Security solely on Nasdaq 
because Nasdaq should offer increased visibility and liquidity in 
worldwide financial markets, is perceived by many investors as the 
premier market for technology companies like the Issuer, and should 
provide improved and enhanced investor services for the Issuer's 
stockholders. In addition, the Issuer believes it is advisable and 
desirable to remove the listing of its Security on the Amex and to list 
the Security on Nasdaq. The Issuer states that it was scheduled to list 
its Security on the Nasdaq on October 6, 2004.
    The Issuer stated in its application that it has met the 
requirements of Amex Rule 18 by complying with all applicable laws in 
the State of Massachusetts, in which it is incorporated, and with the 
Amex's rules governing an issuer's voluntary withdrawal of a security 
from listing and registration.
    The Issuer's application relates solely to the withdrawal of the 
Securities from listing on the Amex 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 November 23, 2004, comment 
on the facts bearing upon whether the application has been made in 
accordance with the rules of the 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

     Send an e-mail to [email protected]. Please include 
the File Number 1-06549 or;

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., 
Washington, DC 20549-0609.
    All submissions should refer to File Number 1-06549. 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, 450 Fifth Street, NW., Washington, 
DC 20549. 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.

    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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Jonathan G. Katz,
Secretary.
[FR Doc. E4-3002 Filed 11-3-04; 8:45 am]
BILLING CODE 8010-01-P