Small Business Size Standards: Waiver of the Nonmanufacturer Rule, 4940-4941 [08-338]

Download as PDF 4940 Federal Register / Vol. 73, No. 18 / Monday, January 28, 2008 / Notices mstockstill on PROD1PC66 with NOTICES defendants, it shall decide whether to make the amendment retroactive at the same meeting at which it decides to promulgate the amendment.’’. Deciding whether to make an amendment retroactive at the same meeting at which the amendment is promulgated, however, often is impracticable. A complete retroactivity analysis typically cannot be prepared until the Commission has decided to promulgate a specific amendment option, which may not occur until the meeting at which the amendment is promulgated. Similarly, the public often cannot provide fully informed comment on possible retroactivity until the Commission has narrowed its consideration of a proposed amendment to a specific option, again a decision which may not occur until the meeting at which the amendment is promulgated. As a result, the proposed amendment deletes the requirement in Rule 4.1 that the retroactivity decision be made at the same meeting as promulgation of an amendment. The proposed amendment also amends Rule 4.1 to more clearly set forth the Commission’s statutory requirement to consider retroactivity under 28 U.S.C. 994(u). The proposed amendment also modifies the process by which the Commission instructs staff to prepare a retroactivity impact analysis. Currently, Rule 2.2 (Voting Rules for Action by the Commission) provides that ‘‘[t]he decision to instruct staff to prepare a retroactivity impact analysis for a proposed amendment shall require the affirmative vote of at least three members at a public meeting.’’ The proposed amendment would delete this requirement by amending Rule 4.1 to provide that ‘‘[p]rior to final action on the retroactive application of an amendment, staff shall prepare and the Commission shall review a retroactivity impact analysis of the amendment’’. The proposed amendment therefore, deletes the procedural requirement that the Commission instruct staff to prepare a retroactivity analysis and instead requires that such an analysis be prepared prior to final action on retroactivity. Finally, one issue for comment follows the proposed amendment. Part II of the Rules of Practice and Procedure is amended in Rule 2.2 is amended in the third paragraph by striking the last sentence. Part IV of the Rules of Practice and Procedure is amended in Rule 4.1 in the second paragraph by striking the last two sentences and inserting the following: VerDate Aug<31>2005 17:56 Jan 25, 2008 Jkt 214001 ‘‘The Commission shall, however, consider whether to give retroactive application to an amendment that reduces the term of imprisonment recommended in the guidelines applicable to a particular offense or category of offenses. See 28 U.S.C. 994(u). Prior to final action on the retroactive application of an amendment, staff shall prepare and the Commission shall review a retroactivity impact analysis of the amendment.’’. Issue for Comment Should the Commission amend the Commission’s Rules of Practice and Procedure to provide a specified time frame governing final action with respect to retroactive application of an amendment pursuant to 28 U.S.C. 994(u), and, if so, what should the time frame be? For example, should the rules provide a time frame that begins at the date of promulgation or the effective date of the amendment? Should the time frame specify a certain period of days by which final action should be taken, or should the time frame be more general in nature? [FR Doc. E8–1426 Filed 1–25–08; 8:45 am] BILLING CODE 2211–01–P SMALL BUSINESS ADMINISTRATION Small Business Size Standards: Waiver of the Nonmanufacturer Rule U.S. Small Business Administration. ACTION: Notice of Waiver of the Nonmanufacturer Rule for All Other Miscellaneous Electrical Equipment and Component Manufacturing product number 6240. AGENCY: SUMMARY: The U.S. Small Business Administration (SBA) is granting a waiver of the Nonmanufacturer Rule for All Other Miscellaneous Electrical Equipment and Component Manufacturing (Fluorescent Lamps, Incandescent Lamps, etc). The basis for waiver is that no small business manufacturers are supplying this class of product to the Federal government. The effect of a waiver would be to 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 businesses or SBA’s 8(a) Business Development Program. DATES: This waiver is effective February 12, 2008. FOR FURTHER INFORMATION CONTACT: Pamela M. McClam, Program Analyst, PO 00000 Frm 00174 Fmt 4703 Sfmt 4703 by telephone at (202) 205–7408; by FAX at (202) 481–4783; or by e-mail at Pamela.McClam@sba.gov. 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 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 field by the Federal Procurement Data System. The SBA received a request on December 3, 2007, to waive the Nonmanufacturer Rule for All Other Miscellaneous Electrical Equipment and Component Manufacturing (Fluorescent Lamps, Incandescent Lamps, etc). In response, on December 14, 2007, SBA published in the Federal Register a notice of intent to waive the Nonmanufacturer Rule for All Other Miscellaneous Electrical Equipment and Component Manufacturing (Fluorescent Lamps, Incandescent Lamps, etc). SBA explained in the notice that it was soliciting comments and sources of small business manufacturers of this class of products. No comments were received in response to this notice. SBA has determined that there are no small business manufacturers of this class of products, and is therefore granting the waiver of the Nonmanufacturer Rule for All Other Miscellaneous Electrical Equipment and Component Manufacturing (Fluorescent Lamps, SUPPLEMENTARY INFORMATION: E:\FR\FM\28JAN1.SGM 28JAN1 Federal Register / Vol. 73, No. 18 / Monday, January 28, 2008 / Notices Incandescent Lamps, etc). NAICS code 335999 product number 6240. Authority: 15 U.S.C. 637(a)(17). Arthur E. Collins, Jr., Director for Government Contracting. [FR Doc. 08–338 Filed 1–25–08; 8:45 am] BILLING CODE 8025–01–M SMALL BUSINESS ADMINISTRATION Small Business Size Standards: Waiver of the Nonmanufacturer Rule U.S. Small Business Administration. ACTION: Notice of Waiver of the Nonmanufacturer Rule for All Other Miscellaneous Electrical Equipment and Component Manufacturing product number 6250. AGENCY: SUMMARY: The U.S. Small Business Administration (SBA) is granting a waiver of the Nonmanufacturer Rule for All Other Miscellaneous Electrical Equipment and Component Manufacturing (Electric Lamp Starters and Lamp Holders, etc.). The basis for waiver is that no small business manufacturers are supplying this class of product to the Federal government. The effect of a waiver would be to allow otherwise qualified regular dealers to supply the products of any domestic manufacturer on a Federal contract set aside for small businesses; service-disabled veteran-owned small businesses or SBA’s 8(a) Business Development Program. DATES: This waiver is effective February 12, 2008. FOR FURTHER INFORMATION CONTACT: Pamela M. McClam, Program Analyst, by telephone at (202) 205–7408; by Fax at (202) 481–4783; or by e-mail at Pamela.McClam@sba.gov. 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 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 mstockstill on PROD1PC66 with NOTICES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 17:56 Jan 25, 2008 Jkt 214001 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 field by the Federal Procurement Data System. The SBA received a request on December 13, 2007, to waive the Nonmanufacturer Rule for All Other Miscellaneous Electrical Equipment and Component Manufacturing (Electric Lamp Starters and Lamp Holders, etc.). In response, on December 28, 2007, SBA published in the Federal Register a notice of intent to waive the Nonmanufacturer Rule for All Other Miscellaneous Electrical Equipment and Component Manufacturing (Electric Lamp Starters and Lamp Holders, etc.). SBA explained in the notice that it was soliciting comments and sources of small business manufacturers of this class of products. No comments were received in response to this notice. SBA has determined that there are no small business manufacturers of this class of products, and is therefore granting the waiver of the Nonmanufacturer Rule for All Other Miscellaneous Electrical Equipment and Component Manufacturing (Electric Lamp Starters and Lamp Holders, etc.). NAICS code 335999 product number 6250. Authority: 15 U.S.C. 637(a)(17). Arthur E. Collins, Jr., Director for Government Contracting. [FR Doc. E8–1400 Filed 1–25–08; 8:45 am] BILLING CODE 8025–01–P [Public Notice 6021] BILLING CODE 4710–11–P Advisory Committee on Historical Diplomatic Documentation; Notice of Meeting The Advisory Committee on Historical Diplomatic Documentation will meet in the Department of State, 2201 C Street, NW., Washington, DC, February 25–26, 2008, in Conference Room 1205. Prior notification and a valid government-issued photo ID (such SUMMARY: Frm 00175 Fmt 4703 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 Steven Galpern, Office of the Historian (202–663–1130) no later than February 21, 2008, 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 Steven Galpern 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, February 25, 2008, in the Department of State, 2201 C Street, NW., Washington, DC, in Conference Room 1205, 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, February 25, 2008, and 8 a.m. until 12 p.m. on Tuesday, February 26, 2008, 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). Dated: January 14, 2008. Marc Susser, Executive Secretary, Department of State. [FR Doc. E8–1435 Filed 1–25–08; 8:45 am] DEPARTMENT OF STATE PO 00000 4941 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Fuel Flowmeters Technical Standard Order TSO–C44d Revision Federal Aviation Administration, DOT. AGENCY: E:\FR\FM\28JAN1.SGM 28JAN1

Agencies

SMALL BUSINESS ADMINISTRATION

[Federal Register Volume 73, Number 18 (Monday, January 28, 2008)]
[Notices]
[Pages 4940-4941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-338]


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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 Waiver of the Nonmanufacturer Rule for All Other 
Miscellaneous Electrical Equipment and Component Manufacturing product 
number 6240.

-----------------------------------------------------------------------

SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
waiver of the Nonmanufacturer Rule for All Other Miscellaneous 
Electrical Equipment and Component Manufacturing (Fluorescent Lamps, 
Incandescent Lamps, etc). The basis for waiver is that no small 
business manufacturers are supplying this class of product to the 
Federal government. The effect of a waiver would be to allow otherwise 
qualified regular dealers to supply the products of any domestic 
manufacturer on a Federal contract set aside for small businesses; 
service-disabled veteran-owned small businesses or SBA's 8(a) Business 
Development Program.

DATES: This waiver is effective February 12, 2008.

FOR FURTHER INFORMATION CONTACT: Pamela M. McClam, Program Analyst, by 
telephone at (202) 205-7408; by FAX at (202) 481-4783; or by e-mail at 
Pamela.McClam@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 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 field by the Federal Procurement Data 
System.
    The SBA received a request on December 3, 2007, to waive the 
Nonmanufacturer Rule for All Other Miscellaneous Electrical Equipment 
and Component Manufacturing (Fluorescent Lamps, Incandescent Lamps, 
etc).
    In response, on December 14, 2007, SBA published in the Federal 
Register a notice of intent to waive the Nonmanufacturer Rule for All 
Other Miscellaneous Electrical Equipment and Component Manufacturing 
(Fluorescent Lamps, Incandescent Lamps, etc). SBA explained in the 
notice that it was soliciting comments and sources of small business 
manufacturers of this class of products. No comments were received in 
response to this notice. SBA has determined that there are no small 
business manufacturers of this class of products, and is therefore 
granting the waiver of the Nonmanufacturer Rule for All Other 
Miscellaneous Electrical Equipment and Component Manufacturing 
(Fluorescent Lamps,

[[Page 4941]]

Incandescent Lamps, etc). NAICS code 335999 product number 6240.

    Authority: 15 U.S.C. 637(a)(17).

Arthur E. Collins, Jr.,
Director for Government Contracting.
[FR Doc. 08-338 Filed 1-25-08; 8:45 am]
BILLING CODE 8025-01-M

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