Small Business Size Standards: Waiver of the Nonmanufacturer Rule, 71595-71596 [E5-6635]
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Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Notices
securities exchange.28 In particular, the
Commission finds that the proposal is
consistent with section 6(b)(1) of the
Act,29 which requires a national
securities exchange to be so organized
and have the capacity to be able to carry
out the purposes of the Act and to
enforce compliance by its members and
persons associated with its members
with the provisions of the Act, the rules
or regulations thereunder, and the rules
of the exchange. The Commission also
finds that the proposal is consistent
with section 6(b)(5) of the Act,30 which
requires, among other things, that the
rules of an exchange be designed to
promote just and equitable principles of
trade, to facilitate transactions in
securities, to remove impediments to
and perfect the mechanisms of a free
and open market and a national market
system, and, in general, to protect
investors and the public interest.
Pursuant to section 19(b)(2) of the
Act,31 the Commission may not approve
any proposed rule change, or
amendment thereto, prior to the
thirtieth day after the date of
publication of the notice thereof, unless
the Commission find good cause for so
doing. The Commission hereby finds
good cause for approving the proposed
rule change prior to the thirtieth day
after publishing notice thereof in the
Federal Register pursuant to section
19(b)(2) of the Act.32 The Commission
believes that the requested extensions
are consistent with the terms and
conditions set forth in the Order
Approving SR–PCX–2005–90, and notes
that in its filing, PCX represented that
accelerated effectiveness of the
proposed rule change before the
expiration of the pilot approvals would
provide continuity of Archipelago’s
operation of the ATS OTC Function and
DOT Function. The Commission also
notes that the proposed changes are
extensions of exceptions that the
Commission approved on a pilot basis
in the Order Approving SR–PCX–2005–
90 and, as such, do not raise any new
or novel issues. The pilots are both
currently set to expire on November 25,
2005. Permitting PCX to extend the
pilots will permit Archipelago to avoid
disruption of its operation of the ATS
OTC Function and the DOT Function.
Furthermore, the Commission notes that
after the publication of the pilot
approvals in the Federal Register, the
28 In approving the proposed rule change, the
Commission has considered its impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
29 15 U.S.C. 78f(b)(1).
30 15 U.S.C. 78f(b)(5).
31 15 U.S.C. 78s(b)(2).
32 Id.
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Commission did not receive any
comment with respect to Archipelago’s
ownership and operation of the ATS
OTC Function of Arca Trading and the
DOT Function of Archipelago
Securities.
For the foregoing reasons, the
Commission finds that the proposed
rule change is consistent with the
requirements of the Act the rules and
regulations thereunder, and finds that
good cause exists to accelerate approval
of the proposed rule change, pursuant to
section 19(b)(2) of the Act.33
V. Conclusion
It Is Therefore Ordered, pursuant to
section 19(b)(2) of the Act,34 that the
proposed rule change (SR–PCX–2005–
125) is approved on an accelerated
basis. Specifically, a permanent
exception for the ATS OTC Function of
Arca Trading is approved; and the
exception for the DOT Function of
Archipelago Securities is approved on a
pilot basis until the closing date of the
Proposed Archipelago NYSE Merger.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.35
Jonathan G. Katz,
Secretary.
[FR Doc. E5–6624 Filed 11–28–05; 8:45 am]
BILLING CODE 8010–01–P
SMALL BUSINESS ADMINISTRATION
[License No. 02/72–0634]
L Capital Partners SBIC, L.P.; Notice
Seeking Exemption Under Section 312
of the Small Business Investment Act,
Conflicts of Interest
Notice is hereby given that L Capital
Partners SBIC, L.P., 10 East 53rd Street,
37th Floor, New York, New York 10022,
a Federal Licensee under the Small
Business Investment Act of 1958, as
amended (‘‘the Act’’), in connection
with the financing of a small concern,
has sought an exemption under section
312 of the Act and section 107.730,
Financings which Constitute Conflicts
of Interest of the Small Business
Administration (‘‘SBA’’) rules and
regulations (13 CFR 107.730 (2002)). L
Capital Partners SBIC, L.P. proposes to
purchase preferred securities issued by
Sceptor Industries, Inc., 8301 State Line
Road, Suite 101, Kansas City, MO 64114
(‘‘Sceptor’’). The financing will enable
Sceptor to expand its scope of licensed
technology and intellectual property
33 Id.
34 Id.
35 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00137
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71595
which will better position Sceptor to
obtain growth capital.
The financing is brought within the
purview of Sec. 107.730(a)(1) of the
Regulations because Shalom Equity
Fund Limited, an Associate of L Capital
Partners SBIC, L.P. owns 42% of the
existing and outstanding stock of
Sceptor.
Therefore, this transaction is
considered a financing of an Associate
requiring prior SBA approval.
Notice is hereby given that any
interested person may submit written
comments on the transaction, within 15
days of the date of this publication, to
the Associate Administrator for
Investment, U.S. Small Business
Administration, 409 Third Street, SW.,
Washington, DC 20416.
Dated: November 22, 2005.
Jaime Guzman-Fournier,
Associate Administrator, for Investment.
[FR Doc. E5–6633 Filed 11–28–05; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
Small Business Size Standards:
Waiver of the Nonmanufacturer Rule
U.S. Small Business
Administration.
ACTION: Notice of intent to terminate
waiver of the Nonmanufacturer Rule for
Commercial Cooking Equipment.
AGENCY:
SUMMARY: The U.S. Small Business
Administration (SBA) is considering
terminating the waiver of the
Nonmanufacturer Rule for Commercial
Cooking Equipment based on our recent
discovery of a small business
manufacturer for this class of products.
Terminating this waiver will require
recipients of contracts set aside for
small businesses, service-disabled
veteran-owned small businesses, or
SBA’s 8(a) Business Development
Program to provide the products of
small business manufacturers or
processors on such contracts.
DATES: Comments and sources must be
submitted on or before December 12,
2005.
FOR FURTHER INFORMATION CONTACT:
Edith Butler, Program Analyst, by
telephone at (202) 619–0422; by FAX at
(202) 481–1788; or by e-mail at
edith.butler@sba.gov.
SUPPLEMENTARY INFORMATION: Section
8(a)(17) of the Small Business Act (Act),
15 U.S.C. 637(a)(17), requires that
recipients of Federal contracts set aside
for small businesses, service-disabled
veteran-owned small businesses, or
SBA’s 8(a) Business Development
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71596
Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Notices
Program provide the product of a small
business manufacturer or processor, if
the recipient is other than the actual
manufacturer or processor of the
product. This requirement is commonly
referred to as the Nonmanufacturer
Rule.
The SBA regulations imposing this
requirement are found at 13 CFR
121.406(b). Section 8(a)(17)(b)(iv) of the
Act authorizes SBA to waive the
Nonmanufacturer Rule for any ‘‘class of
products’’ for which there are no small
business manufacturers or processors
available to participate in the Federal
market.
As implemented in SBA’s regulations
at 13 CFR 121.1202 (c), in order to be
considered available to participate in
the Federal market for a class of
products, a small business manufacturer
must have submitted a proposal for a
contract solicitation or received a
contract from the Federal government
within the last 24 months. The SBA
defines ‘‘class of products’’ based on six
digit coding systems. The first coding
system is the Office of Management and
Budget North American Industry
Classification System (NAICS). The
second is the Product and Service Code
required as a data entry by the Federal
Procurement Data System.
The SBA received a request on July
25, 2005 to waive the Nonmanufacturer
Rule for Commercial Cooking
Equipment. In response, on August 25,
2005, SBA published in the Federal
Register a notice of intent to the waiver
of the Nonmanufacturer Rule for
Commercial Cooking Equipment.
SBA explained in the notice that it
was soliciting comments and sources of
small business manufacturers of this
class of products. In response to this
notice, a comment was received from an
interested party. Accordingly, based on
the available information, SBA has
determined that there is a small
business manufacturer of this class of
products, and, is therefore considering
terminating the class waiver of the
Nonmanufacturer Rule for Commercial
Cooking Equipment, NAICS 333319.
Authority: 15 U.S.C. 637(a)(17).
DEPARTMENT OF STATE
DEPARTMENT OF STATE
[Public Notice 5239]
[Public Notice 5238]
Culturally Significant Objects Imported
for Exhibition Determinations: ‘‘The
Princess and the Patriot: Ekaterina
Dashkova, Benjamin Franklin and the
Age of Enlightenment’’
Advisory Committee on Historical
Diplomatic Documentation; Notice of
Meeting
AGENCY:
ACTION:
Department of State.
Notice.
SUMMARY: Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), Executive Order 12047 of March
27, 1978, the Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.), Delegation of Authority No. 234 of
October 1, 1999, Delegation of Authority
No. 236 of October 19, 1999, as
amended, and Delegation of Authority
No. 257 of April 15, 2003 [68 FR 19875],
I hereby determine that the objects to be
included in the exhibition ‘‘The
Princess and the Patriot: Ekaterina
Dashkova, Benjamin Franklin and the
Age of Enlightenment’’, imported from
abroad for temporary exhibition within
the United States, are of cultural
significance. The objects are imported
pursuant to loan agreements with the
foreign owners. I also determine that the
exhibition or display of the exhibit
objects at The Museum of the American
Philosophical Society in Philosophical
Hall, Philadelphia, PA, from on or about
February 17, 2006, until on or about
December 31, 2006, and at possible
additional venues yet to be determined,
is in the national interest. Public Notice
of these Determinations is ordered to be
published in the Federal Register.
For
further information, including a list of
the exhibit objects, contact Richard
Lahne, Attorney-Adviser, Office of the
Legal Adviser, U.S. Department of State
(telephone: 202/453–8058). The address
is U.S. Department of State, SA–44, 301
4th Street, SW., Room 700, Washington,
DC 20547–0001.
FOR FURTHER INFORMATION CONTACT:
Dated: November 22, 2005.
Karen C. Hontz,
Associate Administrator for Government
Contracting.
[FR Doc. E5–6635 Filed 11–28–05; 8:45 am]
Dated: November 18, 2005.
C. Miller Crouch,
Principal Deputy Assistant Secretary for
Educational and Cultural Affairs, Department
of State.
[FR Doc. 05–23428 Filed 11–28–05; 8:45 am]
BILLING CODE 8025–01–P
BILLING CODE 4710–08–P
SUMMARY: The Advisory Committee on
Historical Diplomatic Documentation
will meet in the Department of State,
2201 ‘‘C’’ Street NW., Washington, DC,
December 12–13, 2005, in Conference
Room 1406. Prior notification and a
valid government-issued photo ID (such
as driver’s license, passport, U.S.
government or military ID) are required
for entrance into the building. Members
of the public planning to attend must
notify Chris Tudda, Office of the
Historian (202–663–3054) no later than
December 8, 2005 to provide date of
birth, valid government-issued photo
identification number and type (such as
driver’s license number/state, passport
number/country, or U.S. government ID
number/agency or military ID number/
branch), and relevant telephone
numbers. If you cannot provide one of
the enumerated forms of ID, please
consult with Chris Tudda for acceptable
alternative forms of picture
identification.
The Committee will meet in open
session from 1:30 p.m. through 3 p.m.
on Monday, December 12, 2005, in
Room 1406 to discuss declassification
and transfer of Department of State
records to the National Archives and
Records Administration and the status
of the Foreign Relations series. The
remainder of the Committee’s sessions
from 3:15 p.m. until 4:30 p.m. on
Monday, December 12, 2005, and 9 a.m.
until 1 p.m. on Tuesday, December 13,
2005, will be closed in accordance with
section 10(d) of the Federal Advisory
Committee Act (Pub. L. 92–463). The
agenda calls for discussions of agency
declassification decisions concerning
the Foreign Relations series and other
declassification issues. These are
matters not subject to public disclosure
under 5 U.S.C. 552b(c)(1) and the public
interest requires that such activities be
withheld from disclosure.
Questions concerning the meeting
should be directed to Marc J. Susser,
Executive Secretary, Advisory
Committee on Historical Diplomatic
Documentation, Department of State,
Office of the Historian, Washington, DC
20520, telephone (202) 663–1123, (email history state.gov).
Marc J. Susser,
Executive Secretary, Department of State.
[FR Doc. 05–23427 Filed 11–28–05; 8:45 am]
BILLING CODE 4710–11–P
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]]>Agencies
[Federal Register Volume 70, Number 228 (Tuesday, November 29, 2005)]
[Notices]
[Pages 71595-71596]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6635]
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
Small Business Size Standards: Waiver of the Nonmanufacturer Rule
AGENCY: U.S. Small Business Administration.
ACTION: Notice of intent to terminate waiver of the Nonmanufacturer
Rule for Commercial Cooking Equipment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Small Business Administration (SBA) is considering
terminating the waiver of the Nonmanufacturer Rule for Commercial
Cooking Equipment based on our recent discovery of a small business
manufacturer for this class of products. Terminating this waiver will
require recipients of contracts set aside for small businesses,
service-disabled veteran-owned small businesses, or SBA's 8(a) Business
Development Program to provide the products of small business
manufacturers or processors on such contracts.
DATES: Comments and sources must be submitted on or before December 12,
2005.
FOR FURTHER INFORMATION CONTACT: Edith Butler, Program Analyst, by
telephone at (202) 619-0422; by FAX at (202) 481-1788; or by e-mail at
edith.butler@sba.gov.
SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act
(Act), 15 U.S.C. 637(a)(17), requires that recipients of Federal
contracts set aside for small businesses, service-disabled veteran-
owned small businesses, or SBA's 8(a) Business Development
[[Page 71596]]
Program provide the product of a small business manufacturer or
processor, if the recipient is other than the actual manufacturer or
processor of the product. This requirement is commonly referred to as
the Nonmanufacturer Rule.
The SBA regulations imposing this requirement are found at 13 CFR
121.406(b). Section 8(a)(17)(b)(iv) of the Act authorizes SBA to waive
the Nonmanufacturer Rule for any ``class of products'' for which there
are no small business manufacturers or processors available to
participate in the Federal market.
As implemented in SBA's regulations at 13 CFR 121.1202 (c), in
order to be considered available to participate in the Federal market
for a class of products, a small business manufacturer must have
submitted a proposal for a contract solicitation or received a contract
from the Federal government within the last 24 months. The SBA defines
``class of products'' based on six digit coding systems. The first
coding system is the Office of Management and Budget North American
Industry Classification System (NAICS). The second is the Product and
Service Code required as a data entry by the Federal Procurement Data
System.
The SBA received a request on July 25, 2005 to waive the
Nonmanufacturer Rule for Commercial Cooking Equipment. In response, on
August 25, 2005, SBA published in the Federal Register a notice of
intent to the waiver of the Nonmanufacturer Rule for Commercial Cooking
Equipment.
SBA explained in the notice that it was soliciting comments and
sources of small business manufacturers of this class of products. In
response to this notice, a comment was received from an interested
party. Accordingly, based on the available information, SBA has
determined that there is a small business manufacturer of this class of
products, and, is therefore considering terminating the class waiver of
the Nonmanufacturer Rule for Commercial Cooking Equipment, NAICS
333319.
Authority: 15 U.S.C. 637(a)(17).
Dated: November 22, 2005.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. E5-6635 Filed 11-28-05; 8:45 am]
BILLING CODE 8025-01-P
