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12758 Federal Register / Vol. 70, No.

49 / Tuesday, March 15, 2005 / Notices

1–800–877–8339 and ask to be Tables showing the assumptions dated December 20, 2004 from BSE
connected to (202) 326–4024.) applicable to prior periods are codified requesting additional information
SUPPLEMENTARY INFORMATION: in appendix B to 29 CFR part 4044. regarding the Issuer’s decision to
Issued in Washington, DC, on this 9th day voluntary withdraw from Nasdaq, as
Variable-Rate Premiums well as other information pertaining to
of March 2005.
Section 4006(a)(3)(E)(iii)(II) of the Vincent K. Snowbarger, the listing of the Securities on BSE.
Employee Retirement Income Security After corresponding with BSE, the
Deputy Executive Director, Pension Benefit
Act of 1974 (ERISA) and § 4006.4(b)(1) Guaranty Corporation. Board determined that it is in the best
of the PBGC’s regulation on Premium interest of the Issuer and its
[FR Doc. 05–5009 Filed 3–14–05; 8:45 am]
Rates (29 CFR part 4006) prescribe use stockholders to voluntarily withdraw
BILLING CODE 7708–01–P
of an assumed interest rate (the the listing of its Securities from BSE and
‘‘required interest rate’’) in determining requested that the Issuer’s current
a single-employer plan’s variable-rate market makers continue to make
premium. Pursuant to the Pension SECURITIES AND EXCHANGE markets in the Securities on the OTC
Funding Equity Act of 2004, for COMMISSION Bulletin Board.
premium payment years beginning in [File No. 1–11568] The Issuer stated in its application
2004 or 2005, the required interest rate that it has complied with BSE rules
is the ‘‘applicable percentage’’ Issuer Delisting; Notice of Application governing the withdrawal of a security
(currently 85 percent) of the annual rate of DynTek, Inc. To Withdraw Its from BSE by complying with all
of interest determined by the Secretary Common Stock, $.0001 par value, and applicable laws in effect in the State of
of the Treasury on amounts invested Series A Convertible Preferred Stock Delaware, the state in which the Issuer
conservatively in long-term investment and Warrants, From Listing and is incorporated, and by complying with
grade corporate bonds for the month Registration on the Boston Stock BSE procedures for delisting by filing
preceding the beginning of the plan year Exchange, Inc. the required documents governing the
for which premiums are being paid. withdrawal of a security from listing
March 9, 2005.
Thus, the required interest rate to be and registration on BSE.
On February 23, 2005, DynTek, Inc. a The Issuer’s application relates solely
used in determining variable-rate
Delaware corporation (‘‘Issuer’’), filed to withdrawal of the Securities from
premiums for premium payment years
an application with the Securities and listing on BSE and from registration
beginning in March 2005 is 4.56 percent
Exchange Commission (‘‘Commission’’), under Section 12(b) of the Act,3 and
(i.e., 85 percent of the 5.36 percent
pursuant to Section 12(d) of the shall not affect its obligation to be
composite corporate bond rate for
Securities Exchange Act of 1934 registered under Section 12(g) of the
February 2005 as determined by the
(‘‘Act’’) 1 and Rule 12d2–2(d) Act.4
Treasury).
The following table lists the required thereunder,2 to withdraw its common Any interested person may, on or
interest rates to be used in determining stock, $.0001 par value, and series A before April 4, 2005, comment on the
variable-rate premiums for premium convertible preferred stock and warrants facts bearing upon whether the
payment years beginning between April (collectively ‘‘Securities’’), from listing application has been made in
2004 and March 2005. and registration on the Boston Stock accordance with the rules of the BSE,
Exchange, Inc. (‘‘BSE’’). and what terms, if any, should be
The re- On February 3, 2005, the Board of imposed by the Commission for the
For premium payment years Directors (‘‘Board’’) of the Issuer
quired inter- protection of investors. All comment
beginning in: est rate is: approved resolutions to withdraw the letters may be submitted by either of the
Securities from listing and registration following methods:
April 2004 ................................. 4.62 on BSE. The Board stated that the
May 2004 .................................. 4.98 Electronic Comments
June 2004 ................................. 5.26
following reasons factored into its
July 2004 .................................. 5.25 decision. In connection with the Issuer’s • Use the Commission’s Internet
August 2004 ............................. 5.10 voluntary withdrawal of Securities from comment form (http://www.sec.gov/
September 2004 ....................... 4.95 inclusion for trading on Nasdaq rules/delist.shtml); or
October 2004 ............................ 4.79 SmallCap Market (‘‘Nasdaq’’) on • Send an e-mail to rule-
November 2004 ........................ 4.73 December 15, 2004, the Board comments@sec.gov. Please include the
December 2004 ........................ 4.75 determined that such withdrawal was in
January 2005 ............................ 4.73
File Number 1–11568 or;
the best interests of the Issuer and its
February 2005 .......................... 4.66 Paper Comments
March 2005 ............................... 4.56
stockholders, and the Issuer’s current
principal market maker has acted to • Send paper comments in triplicate
continue to make a market in the to Jonathan G. Katz, Secretary,
Multiemployer Plan Valuations
Securities on the OTC Bulletin Board. Securities and Exchange Commission,
Following Mass Withdrawal
The Issuer believes that its stockholders 450 Fifth Street, NW., Washington, DC
The PBGC’s regulation on Duties of would be better served by channeling its 20549–0609.
Plan Sponsor Following Mass resources into efforts that will accelerate All submissions should refer to File
Withdrawal (29 CFR part 4281) the profitable growth of the Issuer, and Number 1–11568. This file number
prescribes the use of interest that the ongoing costs, distractions, and should be included on the subject line
assumptions under the PBGC’s uncertainties of the process to maintain if e-mail is used. To help us process and
regulation on Allocation of Assets in a Nasdaq listing for the Issuer at that review your comments more efficiently,
Single-Employer Plans (29 CFR part time was warranted. After the Issuer’s please use only one method. The
4044). The interest assumptions voluntary withdrawal from listing on Commission will post all comments on
applicable to valuation dates in April Nasdaq, the Issuer received a letter the Commission’s Internet Web site
2005 under part 4044 are contained in
an amendment to part 4044 published 1 15 U.S.C. 78l(d). 3 15 U.S.C. 78l(b).
elsewhere in today’s Federal Register. 2 17 CFR 240.12d2–2(d). 4 15 U.S.C. 78l(g).

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Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices 12759

(http://www.sec.gov/rules/delist.shtml). Act of 2002, has had, and is expected in if e-mail is used. To help us process and
Comments are also available for public the future to have, a significant negative review your comments more efficiently,
inspection and copying in the effect on the Issuer’s earnings; (4) the please use only one method. The
Commission’s Public Reference Room. Issuer’s management believes the Issuer Commission will post all comments on
All comments received will be posted is the only publicly-traded chain the Commission’s Internet Web site
without change; we do not edit personal operator of automotive paint and body (http://www.sec.gov/rules/delist.shtml).
identifying information from shops, and that the costs of maintaining Comments are also available for public
submissions. You should submit only its listing on Amex and complying with inspection and copying in the
information that you wish to make the Act place the Issuer at a Commission’s Public Reference Room.
available publicly. disadvantage with competitors who do All comments received will be posted
The Commission, based on the not bear these costs nor make the without change; we do not edit personal
information submitted to it, will issue required disclosures; (5) compliance identifying information from
an order granting the application after with the Act and the listing rules of submissions. You should submit only
the date mentioned above, unless the Amex demands significant attention information that you wish to make
Commission determines to order a from the Issuer’s management and the available publicly.
hearing on the matter. Board, which attention would otherwise The Commission, based on the
For the Commission, by the Division of be devoted to developing the Issuer’s information submitted to it, will issue
Market Regulation, pursuant to delegated business and pursing strategic an order granting the application after
authority.5 opportunities; and (6) the Issuer has not the date mentioned above, unless the
Jonathan G. Katz, sought financing in public capital Commission determines to order a
Secretary. markets in many years, and the Issuer’s hearing on the matter.
[FR Doc. E5–1115 Filed 3–14–05; 8:45 am] management does not expect to do so For the Commission, by the Division of
BILLING CODE 8010–01–P for the foreseeable future. Market Regulation, pursuant to delegated
The Issuer stated in its application authority.5
that it has met the requirements of Jonathan G. Katz,
SECURITIES AND EXCHANGE Amex Rule 18 by complying with all Secretary.
COMMISSION applicable laws in Delaware, in which [FR Doc. E5–1116 Filed 3–14–05; 8:45 am]
it is incorporated, and with Amex’s BILLING CODE 8010–01–P
[File No. 1–04822]
rules governing an issuer’s voluntary
Issuer Delisting; Notice of Application withdrawal of a security from listing
of Earl Scheib, Inc. To Withdraw Its and registration. SECURITIES AND EXCHANGE
Capital Stock, $1.00 Par Value, From The Issuer’s application relates solely COMMISSION
Listing and Registration on the to withdrawal of the Security from
[File No. 1–14544]
American Stock Exchange LLC listing on Amex and from registration
under Section 12(b) of the Act,3 and Issuer Delisting; Notice of Application
March 9, 2005. shall not affect its obligation to be of Grupo Imsa, S.A. de C.V. To
On February 24, 2005, Earl Scheib, registered under Section 12(g) of the Withdraw Its American Depositary
Inc., a Delaware corporation (‘‘Issuer’’), Act.4 Shares (Represented by American
filed an application with the Securities Any interested person may, on or Depositary Receipts (Each
and Exchange Commission before April 4, 2005 comment on the Representing Nine Equity Units, Each
(‘‘Commission’’), pursuant to Section facts bearing upon whether the of Which Consists of Three Series B
12(d) of the Securities Exchange Act of application has been made in Shares, No Par Value, and Two Series
1934 (‘‘Act’’)1 and Rule 12d2–2(d) accordance with the rules of Amex, and C Shares, No Par Value), From Listing
thereunder,2 to withdraw its capital what terms, if any, should be imposed and Registration on the New York
stock, $1.00 par value (‘‘Security’’), from by the Commission for the protection of Stock Exchange, Inc.
listing and registration on the American investors. All comment letters may be
Stock Exchange LLC (‘‘Amex’’). submitted by either of the following March 9, 2005.
On February 23, 2005, the Board of methods: On February 10, 2005, Grupo Imsa,
Directors (‘‘Board’’) of the Issuer S.A. de C.V., a company organized
unanimously approved resolutions to Electronic Comments under the laws of United Mexican States
withdraw the Security from listing on • Use the Commission’s Internet (‘‘Issuer’’), filed an application with the
Amex. The Board stated that it comment form (http://www.sec.gov/ Securities and Exchange Commission
determined it is in the best interest of rules/delist.shtml); or (‘‘Commission’’), pursuant to Section
the Issuer and its stockholders to • Send an e-mail to rule- 12(d) of the Securities Exchange Act of
withdraw the Security from Amex for comments@sec.gov. Please include the 1934 (‘‘Act’’) 1 and Rule 12d2–2(d)
the following reasons: (1) The Issuer has File Number 1–04822 or; thereunder,2 to withdraw its American
fewer than 300 record holders of the Paper Comments Depositary Shares (each representing
Security; (2) the Security trades in low nine equity units, each of which
volumes and, as a result, listing of the • Send paper comments in triplicate consists of three Series B shares, no par
Security on Amex does not provide to Jonathan G. Katz, Secretary, value, and two Series C shares, no par
significant liquidity to stockholders; (3) Securities and Exchange Commission, value) (‘‘Security’’), from listing and
the expense of maintaining the listing of 450 Fifth Street, NW., Washington, DC registration on the New York Stock
the Security on Amex, including the 20549–0609. Exchange, Inc. (‘‘NYSE’’).
cost of complying with the Act and the All submissions should refer to File The Board of Directors (‘‘Board’’) of
provision added by the Sarbanes-Oxley Number 1–04822. This file number the Issuer adopted resolutions, at a
should be included on the subject line
5 17 CFR 200.30–3(a)(1). 5 17 CFR 200.30–3(a)(1).
1 15 U.S.C. 78l(d). 3 15 U.S.C. 78l(b). 1 15 U.S.C. 78l(d).
2 17 CFR 240.12d2–2(d). 4 15 U.S.C. 78l(g). 2 17 CFR 240.12d2–2(d).

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