delisting rules comment letter 8-27-04

Darla C. Stuckey New York Stock Exchange, Inc. Corpate Scrtay 11 Wall Street New York, NY 10005 tel: 212.656.2060 fax: 212.656.3939 dstuckey@nyse.com Via email to www.rule-comments@sec.gov August 27, 2004 Mr. Jonathan G. Katz Secretary Securities and Exchange Commission 450 Fifth Street, N.W. Washington, DC 20549-0609 Re: Removal from Listing and Registration of Securities Pursuant to Section 12(d) of the Securities Exchange Act of 1934; Release No. 34-49858; File No. S7-25-04 Dear Mr. Katz: The New York Stock Exchange, Inc. (the “NYSE” or the “Exchange”) is pleased to comment on the proposals made by the Securities and Exchange Commission (the “SEC”) in the above-referenced release (the “Proposing Release”) regarding the procedures for removing from listing, and/or withdrawing from registration, securities under Section 12(b) of the Securities Exchange Act of 1934 (the “Exchange Act”). The Exchange welcomes the SEC’s initiative to streamline the delisting process and is broadly supportive of the Proposing Release. The Exchange would appreciate clarification of certain points and has comments on certain provisions. The Exchange also wishes to respond to questions posed in the Proposing Release. 1. Impact on Suspension Practices The Exchange wishes to clarify that it is not the SEC’s intention that new Rule 12d2-2 will affect the ...