Small Business Size Standards: Waiver of the Nonmanufacturer Rule, 1662 [2010-328]

Download as PDF 1662 Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices SMALL BUSINESS ADMINISTRATION Small Business Size Standards: Waiver of the Nonmanufacturer Rule AGENCY: U.S. Small Business Administration. ACTION: Notice of intent to waive the Nonmanufacturer Rule for Compressed and Liquefied Gases. SUMMARY: The U.S. Small Business Administration (SBA) is considering granting a waiver of the Nonmanufacturer Rule for Compressed and Liquefied Gases, Product Service Code (PSC) 6830, North American Industry Classification (NAICS) code 325120. According to a request, no small business manufacturers supply this class of product to the Federal Government. If granted, the waiver would allow otherwise qualified small businesses to supply the products of any manufacturer on a Federal contract set aside for small businesses, servicedisabled veteran-owned small businesses, or Participants in the SBA’s 8(a) Business Development (BD) Program. Comments and source information must be submitted January 27, 2010. ADDRESSES: You may submit comments and source information to Amy Garcia, Program Analyst, U.S. Small Business Administration, Office of Government Contracting, 409 3rd Street, SW., Suite 8800, Washington, DC 20416. FOR FURTHER INFORMATION CONTACT: Amy Garcia, by telephone at (202) 205– 6842; by FAX at (202) 481–1630; or by e-mail at Amy.garcia@sba.gov. SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act (Act), 15 U.S.C. 637(a)(17), and SBA’s implementing regulations require that recipients of Federal contracts set aside for small businesses, service-disabled veteran-owned small businesses, or participants in the SBA’s 8(a) BD 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. 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. 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 WReier-Aviles on DSKGBLS3C1PROD with NOTICES DATES: VerDate Nov<24>2008 15:14 Jan 11, 2010 Jkt 220001 contract solicitation or received a contract from the Federal government within the last 24 months. 13 CFR 121.1202(c). The SBA defines ‘‘class of products’’ based on the Office of Management and Budget’s NAICS system and (PSCs) to further identify particular products within the NAICS code to which a waiver would apply. The public is invited to comment or provide source information to SBA on the proposed waiver of the Nonmanufacturer Rule for this class of product within 15 days after date of publication in the Federal Register. Dated: January 5, 2010. Dean Koppel, Acting Director, Office of Government Contracting. [FR Doc. 2010–328 Filed 1–11–10; 8:45 am] BILLING CODE 8025–01–P SECURITIES AND EXCHANGE COMMISSION Submission for OMB Review; Comment Request Upon Written Request, Copies Available From: U.S. Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. Extension: Rule 17i–8; SEC File No. 270–533; OMB Control No. 3235–0591. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 1 the Securities and Exchange Commission (‘‘Commission’’) has submitted to the Office of Management and Budget a request for extension of the previously approved collections of information discussed below. The Code of Federal Regulation citation to this collection of information is the following rule: 17 CFR 240.17i–8. Section 231 of the Gramm-LeachBliley Act of 1999 2 (the ‘‘GLBA’’) amended Section 17 of the Securities Exchange Act of 1934 (15 U.S.C. 78q) (the ‘‘Exchange Act’’) to create a regulatory framework under which a holding company of a broker-dealer (‘‘investment bank holding company’’ or ‘‘IBHC’’) may voluntarily be supervised by the Commission as a supervised investment bank holding company (or ‘‘SIBHC’’).3 In 2004, the Commission promulgated rules, including Rule 17i– 8, to create a framework for the Commission to supervise SIBHCs.4 This 1 44 U.S.C. 3501 et seq. L. 106–102, 113 Stat. 1338 (1999). 3 See 15 U.S.C. 78q(i). 4 See Exchange Act Release No. 49831 (Jun. 8, 2004), 69 FR 34472 (Jun. 21, 2004). 2 Pub. PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 framework includes qualification criteria for SIBHCs, as well as recordkeeping and reporting requirements. Among other things, this regulatory framework for SIBHCs is intended to provide a basis for non-U.S. financial regulators to treat the Commission as the principal U.S. consolidated, home-country supervisor for SIBHCs and their affiliated brokerdealers.5 Pursuant to Section 17(i)(3)(A) of the Exchange Act, an SIBHC must make and keep records, furnish copies thereof, and make such reports as the Commission may require by rule.6 Rule 17i–8 requires that an SIBHC to notify the Commission upon the occurrence of certain events that would indicate a decline in the financial and operational well-being of the firm. The collections of information included in Rule 17i–8 are necessary to allow the Commission to effectively determine whether supervision of an IBHC as an SIBHC is necessary or appropriate in furtherance of the purposes of Section 17 of the Act and allow the Commission to supervise the activities of these SIBHCs. Rule 17i–8 also enhances the Commission’s supervision of the SIBHCs’ subsidiary broker-dealers through collection of additional information and inspections of affiliates of those broker-dealers. Without these notices, the Commission would be unable to adequately supervise an SIBHC, nor would it be able to determine whether continued supervision of an IBHC as an SIBHC were necessary and appropriate in furtherance of the purposes of Section 17 of the Act. We estimate that three IBHCs will file Notices of Intention with the Commission to be supervised by the Commission as SIBHCs. An SIBHC will require about one hour to create a notice required to be submitted to the Commission pursuant to Rule 17i–8. However, as these notices only need be filed in certain situations indicative of financial or operational difficulty, only one SIBHC may be required to file notice pursuant to the Rule every other year. Thus, we estimate that the annual burden of Rule 17i–8 for all SIBHCs would be about 30 minutes. The reports and notices required to be filed pursuant to Rule 17i–8 must be preserved for a period of not less than three years.7 The collection of information is mandatory and the 5 See H.R. Conf. Rep. No. 106–434, 165 (1999). See also Exchange Act Release No. 49831, at 6 (Jun. 8, 2004), 69 FR 34472, at 34473 (Jun. 21, 2004). 6 15 U.S.C. 78q(i)(3)(A). 7 17 CFR 240.17i–5(b)(4). E:\FR\FM\12JAN1.SGM 12JAN1

Agencies

[Federal Register Volume 75, Number 7 (Tuesday, January 12, 2010)]
[Notices]
[Page 1662]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-328]



[[Page 1662]]

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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 intent to waive the Nonmanufacturer Rule for 
Compressed and Liquefied Gases.

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

SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for Compressed and 
Liquefied Gases, Product Service Code (PSC) 6830, North American 
Industry Classification (NAICS) code 325120. According to a request, no 
small business manufacturers supply this class of product to the 
Federal Government. If granted, the waiver would allow otherwise 
qualified small businesses to supply the products of any manufacturer 
on a Federal contract set aside for small businesses, service-disabled 
veteran-owned small businesses, or Participants in the SBA's 8(a) 
Business Development (BD) Program.

DATES: Comments and source information must be submitted January 27, 
2010.

ADDRESSES: You may submit comments and source information to Amy 
Garcia, Program Analyst, U.S. Small Business Administration, Office of 
Government Contracting, 409 3rd Street, SW., Suite 8800, Washington, DC 
20416.

FOR FURTHER INFORMATION CONTACT: Amy Garcia, by telephone at (202) 205-
6842; by FAX at (202) 481-1630; or by e-mail at Amy.garcia@sba.gov.

SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act 
(Act), 15 U.S.C. 637(a)(17), and SBA's implementing regulations require 
that recipients of Federal contracts set aside for small businesses, 
service-disabled veteran-owned small businesses, or participants in the 
SBA's 8(a) BD 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. 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. 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. 13 CFR 121.1202(c). The SBA defines ``class of products'' based 
on the Office of Management and Budget's NAICS system and (PSCs) to 
further identify particular products within the NAICS code to which a 
waiver would apply. The public is invited to comment or provide source 
information to SBA on the proposed waiver of the Nonmanufacturer Rule 
for this class of product within 15 days after date of publication in 
the Federal Register.

    Dated: January 5, 2010.
Dean Koppel,
Acting Director, Office of Government Contracting.
[FR Doc. 2010-328 Filed 1-11-10; 8:45 am]
BILLING CODE 8025-01-P
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