Small Business Size Standards: Waiver of the Nonmanufacturer Rule, 9630-9631 [E6-2653]
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9630
Federal Register / Vol. 71, No. 37 / Friday, February 24, 2006 / Notices
NYSE Rule 476A specifically provides
that a violation of the NYSE Rules is
committed when NYSE Rule 80A(c) and
(d) tick requirements are not in place for
certain orders when the DJIA has moved
50 points from the previous close.
However, as discussed above, NYSE
Rule 80A has been amended to reflect
the utilization of the NYSE Composite
Index. In addition, the current
language in NYSE Rule 476A does not
conform to the amendments to NYSE
Rule 80A made by the Exchange in
February 1999.9 Specifically, the
Exchange amended, among others,
NYSE Rule 80A’s index arbitrage trigger,
replacing the 50-point and 25-point
limits with thresholds set at a twopercent value and a one-percent value of
the DJIA.10 The Exchange should have
proposed to amend the provisions of
NYSE Rule 476A when the NYSE Rule
80A arbitrage trigger was amended in
1999, but this amendment was
inadvertently overlooked.
The Exchange proposes to amend
NYSE Rule 476A to eliminate the
specific reference to paragraphs (c) and
(d), to refer instead to ‘‘order entry
requirements,’’ to reflect the change to
the utilization of the NYSE Composite
Index, and to delete the portion of the
rule referring to ‘‘50 points from the
previous close’’ and replace it with the
current trigger calculation, which is a
two-percent value of the NYSE
Composite Index.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act,11 in general, and
furthers the objectives of Section 6(b)(5)
of the Act,12 in particular, in that it is
designed to promote just and equitable
principles of trade; to foster cooperation
and coordination with persons engaged
in regulating, clearing, settling,
processing information with respect to,
and facilitating transactions in
securities; to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system; and, in general, to protect
investors and the public interest.
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B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change would impose
any burden on competition that is not
9 See Securities Exchange Act Release No. 41041
(February 11, 1999), 64 FR 8424 (February 19, 1999)
(SR–NYSE–98–45).
10 See id. As discussed earlier, the DJIA was
subsequently replaced by the NYSE Composite
Index by subsequent amendment to NYSE Rule
80A.
11 15 U.S.C. 78f(b).
12 15 U.S.C. 78f(b)(5).
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19:42 Feb 23, 2006
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necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received from
Members, Participants or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 35 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the self-regulatory
organization consents, the Commission
will:
(A) By order approve such proposed
rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NYSE–2005–86 on the
subject line.
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
the Commission’s Public Reference
Section, 100 F Street, NE., Washington,
DC 20549. Copies of such filing also will
be available for inspection and copying
at the principal offices of the Exchange.
All comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–NYSE–2005–86 and should
be submitted on or before March 17,
2006.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.13
Nancy M. Morris,
Secretary.
[FR Doc. E6–2610 Filed 2–23–06; 8:45 am]
BILLING CODE 8010–01–P
SMALL BUSINESS ADMINISTRATION
Small Business Size Standards:
Waiver of the Nonmanufacturer Rule
U.S. Small Business
Administration.
AGENCY:
Notice of denial to waive the
Nonmanufacturer Rule for Forklifts
Manufacturing.
ACTION:
SUMMARY: The U.S. Small Business
Administration (SBA) is denying a
request for a waiver of the
Nonmanufacturer Rule for Forklifts
Manufacturing based on our recent
Paper Comments
discovery of a small business
• Send paper comments in triplicate
manufacturer for this class of products.
to Nancy M. Morris, Secretary,
Denying this waiver will require
Securities and Exchange Commission,
recipients of contracts set aside for
Station Place, 100 F Street, NE.,
small businesses, service-disabled
Washington, DC 20549–1090.
veteran-owned small businesses, or
All submissions should refer to File
SBA’s 8(a) Business Development
Number SR–NYSE–2005–86. This file
Program to provide the products of
number should be included on the
small business manufacturers or
subject line if e-mail is used. To help the processors on such contracts.
Commission process and review your
DATES: This notice of denial is effective
comments more efficiently, please use
only one method. The Commission will March 13, 2006.
post all comments on the Commission’s FOR FURTHER INFORMATI0N CONTACT:
Internet Web site (https://www.sec.gov/
Edith Butler, Program Analyst, by
rules/sro.shtml). Copies of the
telephone at (202) 619–0422; by FAX at
submission, all subsequent
(202) 481–1788; or by e-mail at
amendments, all written statements
edith.butler@sba.gov.
with respect to the proposed rule
SUPPLEMENTARY INFORMATION: Section
change that are filed with the
8(a)(17) of the Small Business Act (Act),
Commission, and all written
communications relating to the
13 17 CFR 200.30–3(a)(12).
proposed rule change between the
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Federal Register / Vol. 71, No. 37 / Friday, February 24, 2006 / Notices
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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
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 a
six digit coding system. The coding
system is the Office of Management and
Budget North American Industry
Classification System (NAICS).
The SBA received a request on
October 3, 2005 to waive the
Nonmanufacturer Rule for Forklifts
Manufacturing. In response, on
November 3, 2005, SBA published in
the Federal Register a notice of intent
to waive the Nonmanufacturer Rule for
Forklifts Manufacturing. SBA explained
in the notice that it was soliciting
comments and sources of small business
manufacturers of this class of products.
In response to that November 3, 2005
notice, SBA received a comment from a
small business manufacturer indicating
that it has furnished this product to the
Federal government. Accordingly, based
on the available information, SBA has
determined that there is a small
business manufacturer of this class of
products, and, is therefore denying the
class waiver of the Nonmanufacturer
Rule for Forklifts Manufacturing, NAICS
333924.
Dated: February 14, 2006.
Karen C. Hontz,
Associate Administrator for Government
Contracting.
[FR Doc. E6–2653 Filed 2–23–06; 8:45 am]
BILLING CODE 8025–01–P
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SMALL BUSINESS ADMINISTRATION
Small Business Size Standards:
Waiver of the Nonmanufacturer Rule
U.S. Small Business
Administration.
ACTION: Notice of intent to waive the
Nonmanufacturer Rule for Furniture.
AGENCY:
SUMMARY: The U.S. Small Business
Administration (SBA) is considering
granting a request for a waiver of the
Nonmanufacturer Rule for Furniture
(except drafting tables, hospital beds,
medical furniture) Merchant
Wholesalers; Office Furniture Merchant
Wholesalers; Furniture (except wood),
Office-Type, Padded, Upholstered, or
Plain, Manufacturing; Furniture Design
Services; Furniture Frames and Parts,
Metal, Manufacturing; Furniture
Frames, Wood, Manufacturing;
Furniture Parts, Finished Metal,
Manufacturing; Furniture Parts,
Finished Plastics, Manufacturing;
Furniture Parts, Finished Wood,
Manufacturing; Furniture, Factory-type
(e.g., cabinets, stools, tool stands, work
benches), Manufacturing; Furniture,
Hospital (e.g., hospital beds, operating
room furniture), Manufacturing; and
Furniture, Laboratory-type (e.g.,
benches, cabinets, stools, tables),
Manufacturing. According to the
request, no small business
manufacturers are supplying this class
of product to the Federal government. If
granted, the waiver would allow
otherwise qualified regular dealers to
supply the products of any domestic
manufacturer on a Federal contract set
aside for small businesses; servicedisabled veteran-owned small business
or SBA’s 8(a) Business Development
Program.
DATES: Comments and source
information must be submitted by
March 13, 2006.
ADDRESSES: You may submit comments
and source information to Edith Butler,
Program Analyst, U.S. Small Business
Administration, Office of Government
Contracting, 409 3rd Street, SW., Suite
8800, Washington, DC 20416.
FOR FURTHER INFORMATI0N 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
Program provide the product of a small
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9631
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 a
six digit coding systems.
The coding system is the Office of
Management and Budget North
American Industry Classification
System (NAICS).
The SBA is currently processing a
request to waive the Nonmanufacturer
Rule for Furniture (except drafting
tables, hospital beds, medical furniture)
merchant wholesalers; Office Furniture
Merchant Wholesalers; Furniture
(except wood), Office-Type, Padded,
Upholstered, or Plain, Manufacturing;
Furniture Design Services; Furniture
Frames and Parts, Metal, Manufacturing;
Furniture Frames, Wood,
Manufacturing; Furniture Parts,
Finished Metal, Manufacturing;
Furniture Parts, Finished Plastics,
Manufacturing; Furniture Parts,
Finished Wood, Manufacturing;
Furniture, Factory-type (e.g., cabinets,
stools, tool stands, work benches),
Manufacturing; Furniture, Hospital (e.g.,
hospital beds, operating room furniture),
Manufacturing; and Furniture,
Laboratory-type (e.g., benches, cabinets,
stools, tables), Manufacturing, North
American Industry Classification
System (NAICS) 423210. The public is
invited to comment or provide source
information to SBA on the proposed
waiver of the Nonmanufacturer Rule for
this class of NAICS code within 15 days
after date of publication in the Federal
Register.
Dated: February 14, 2006.
Karen C. Hontz,
Associate Administrator for Government
Contracting.
[FR Doc. E6–2657 Filed 2–23–06; 8:45 am]
BILLING CODE 8025–01–P
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Agencies
[Federal Register Volume 71, Number 37 (Friday, February 24, 2006)]
[Notices]
[Pages 9630-9631]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2653]
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SMALL BUSINESS ADMINISTRATION
Small Business Size Standards: Waiver of the Nonmanufacturer Rule
AGENCY: U.S. Small Business Administration.
ACTION: Notice of denial to waive the Nonmanufacturer Rule for
Forklifts Manufacturing.
-----------------------------------------------------------------------
SUMMARY: The U.S. Small Business Administration (SBA) is denying a
request for a waiver of the Nonmanufacturer Rule for Forklifts
Manufacturing based on our recent discovery of a small business
manufacturer for this class of products. Denying 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: This notice of denial is effective March 13, 2006.
FOR FURTHER INFORMATI0N 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),
[[Page 9631]]
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 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 a six digit coding system. The coding
system is the Office of Management and Budget North American Industry
Classification System (NAICS).
The SBA received a request on October 3, 2005 to waive the
Nonmanufacturer Rule for Forklifts Manufacturing. In response, on
November 3, 2005, SBA published in the Federal Register a notice of
intent to waive the Nonmanufacturer Rule for Forklifts Manufacturing.
SBA explained in the notice that it was soliciting comments and sources
of small business manufacturers of this class of products. In response
to that November 3, 2005 notice, SBA received a comment from a small
business manufacturer indicating that it has furnished this product to
the Federal government. Accordingly, based on the available
information, SBA has determined that there is a small business
manufacturer of this class of products, and, is therefore denying the
class waiver of the Nonmanufacturer Rule for Forklifts Manufacturing,
NAICS 333924.
Dated: February 14, 2006.
Karen C. Hontz,
Associate Administrator for Government Contracting.
[FR Doc. E6-2653 Filed 2-23-06; 8:45 am]
BILLING CODE 8025-01-P