Small Business Size Standards: Waiver of the Nonmanufacturer Rule, 13802-13803 [2010-6355]

Download as PDF 13802 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Notices granted the request of FirstEnergy Nuclear Operating Company and FirstEnergy Nuclear Generation Corp. to withdraw its June 2, 2009, application for proposed amendment to Facility Operating License No. NPF–3 for the Davis-Besse Nuclear Power Station, Unit No. 1, located in Ottawa County, Ohio. The proposed amendment would have excluded the source range neutron flux instrument channel preamplifier from the Channel Calibration requirements of Technical Specification (TS) 3.3.9, ‘‘Source Range Neutron Flux,’’ and TS 3.9.2, ‘‘Nuclear Instrumentation.’’ The Commission had previously issued a Notice of Consideration of Issuance of Amendment published in the Federal Register on July 28, 2009 (74 FR 37248). However, by letter dated February 16, 2010, the licensee withdrew the proposed change. For further details with respect to this action, see the application for amendment dated June 2, 2009, and the licensee’s letter dated February 16, 2010, which withdrew the application for license amendment. Documents may be examined, and/or copied for a fee, at the NRC’s Public Document Room (PDR), located at One White Flint North, Room O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room on the internet at the NRC Web site, https:// www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR Reference staff by telephone at 1–800– 397–4209, or 301–415–4737 or by e-mail to pdr.resource@nrc.gov. Dated at Rockville, Maryland, this 15th day of March 2010. For the Nuclear Regulatory Commission. Michael Mahoney, Project Manager, Plant Licensing Branch III– 2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2010–6320 Filed 3–22–10; 8:45 am] BILLING CODE 7590–01–P jlentini on DSKJ8SOYB1PROD with NOTICES POSTAL SERVICE Partial Transfer of Post Office Box Service Product to Competitive Product List Postal ServiceTM. ACTION: Notice. AGENCY: VerDate Nov<24>2008 16:31 Mar 22, 2010 Jkt 220001 SUMMARY: The Postal Service hereby provides notice that it has filed a request with the Postal Regulatory Commission to transfer a portion of Post Office® box service from the Mail Classification Schedule’s Market Dominant Product List to its Competitive Product List. DATES: March 23, 2010. FOR FURTHER INFORMATION CONTACT: David Rubin, 202–268–2986. SUPPLEMENTARY INFORMATION: On March 12, 2010, the United States Postal Service filed with the Postal Regulatory Commission a Request of the United States Postal Service to transfer selected Post Office box service locations from the Mail Classification Schedule’s Market Dominant Product List to its Competitive Product List, pursuant to 39 U.S.C. 3642. Documents pertinent to this request are available at https:// www.prc.gov, Docket No. MC2010–20. Stanley F. Mires, Chief Counsel, Legislative. [FR Doc. 2010–6399 Filed 3–22–10; 8:45 am] an Associate, requiring prior written exemption from SBA. 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. March 12, 2010. Sean J. Greene, Associate Administrator for Investment. [FR Doc. 2010–6366 Filed 3–22–10; 8:45 am] BILLING CODE 8025–01–P 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 Liquid Propane Gas (LPG). BILLING CODE 7710–12–P SMALL BUSINESS ADMINISTRATION Emergence Capital Partners SBIC, L.P. License No. 09/79–0454; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest Notice is hereby given that Emergence Capital Partners SBIC, L.P., 160 Bovet Road, Suite 300, San Mateo, CA 94402, 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). Emergence Capital Partners SBIC, L.P. proposes to provide equity financing to InsideView Technologies, Inc., 444 DeHaro Street, Suite 210, San Francisco, CA 94107 (‘‘InsideView’’). The financing is contemplated for general operating purposes. The financing is brought within the purview of § 107.730(a)(1) of the Regulations because Emergence Capital Partners, L.P. and Emergence Capital Associates, L.P., Associates of Emergence Capital Partners SBIC, L.P., own in aggregate more than ten percent of InsideView. Therefore, InsideView is considered an Associate of Emergence Capital Partners SBIC, L.P. and the transaction is considered as financing PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 SUMMARY: The U.S. Small Business Administration (SBA) is considering granting a class waiver of the Nonmanufacturer Rule for Liquid Propane Gas (LPG). On December 10, 2009, SBA received a request that a class waiver be granted for liquid propane gas (LPG), Product Service Code (PSC) 6830 (Compressed and Liquefied Gases), under the North American Industry Classification System (NAICS) code 325120 (Industrial Gases Manufacturing). According to the request, no small business manufacturers supply these class of products to the Federal government. On January 12, 2010, SBA issued a notice of intent to waive the Nonmanufacturer Rule for Compressed and Liquefied Gases. 75 FR 1662 (2010). After reviewing the responses to the notice SBA has concluded that the January 12, 2010, notice should have been more specific. Thus, SBA is seeking information on whether there are small business LPG manufacturers. 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 VeteranOwned (SDVO) small businesses or Participants in the SBA’s 8(a) Business Development (BD) program. DATES: Comments and source information must be submitted April 7, 2010. ADDRESSES: You may submit comments and source information to Amy Garcia, Program Analyst, Small Business E:\FR\FM\23MRN1.SGM 23MRN1 jlentini on DSKJ8SOYB1PROD with NOTICES Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Notices Administration, Office of Government Contracting, 409 3rd Street, SW., Suite 8800, Washington, DC 20416. FOR FURTHER INFORMATION CONTACT: Ms. Amy Garcia, Program Analyst, 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, SDVO 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), 125.15(c). 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. In addition, SBA uses PSCs to further identify particular products within the NAICS code to which a waiver would apply. The SBA may then identify a specific item within a PSC and NAICS to which a class waiver would apply. The SBA is currently processing a request to waive the Nonmanufacturer Rule for LPG, PSC 6830 (Compressed and Liquefied Gases), under NAICS code 325120 (Industrial Gases Manufacturing). The public is invited to comment or provide source information to SBA on the proposed waiver of the Nonmanufacturer Rule for this product within 15 days after date of publication in the Federal Register. In addition, SBA received several responses to the January 12, 2010, notice from dealers who believe that NAICS code 454312 (Liquefied Petroleum Gas (Bottled Gas) Dealers) is the appropriate NAICS code for this industry. However, wholesale and retail NAICS codes are not applicable to government procurements. 13 CFR 121.201. A procurement for supplies should be classified under the appropriate manufacturing or supply NAICS code. 13 CFR 121.402(b). A firm VerDate Nov<24>2008 16:31 Mar 22, 2010 Jkt 220001 can qualify as a non-manufacturer on such a procurement if it meets the requirements of 13 CFR 121.406. Karen Hontz, Director, Office of Government Contracting. [FR Doc. 2010–6355 Filed 3–22–10; 8:45 am] BILLING CODE 8025–01–P 13803 The following is a summary of the application. The complete application may be obtained via the Commission’s Web site by searching for the file number, or an applicant using the Company name box, at https:// www.sec.gov/search/search.htm or by calling (202) 551–8090. SUPPLEMENTARY INFORMATION: Applicant’s Representations 1. SeaCo, a Bermuda company, was formed on August 22, 2008, to own, [Investment Company Act Release No. operate and manage a shipping 29176; File No. 812–13753] container business throughout the world. SeaCo acquired its businesses SeaCo Ltd.; Notice of Application from Sea Containers Limited (‘‘SCL’’) March 17, 2010. through a chapter 11 bankruptcy AGENCY: Securities and Exchange proceeding.1 SeaCo states that in Commission (‘‘Commission’’). addition to directly owning a fleet of ACTION: Notice of application under shipping containers (and, to a lesser section 3(b)(2) of the Investment degree, land containers), it also Company Act of 1940 (‘‘Act’’). conducts its business through its wholly-owned subsidiaries and through SUMMARY: Summary of Application: a controlled company, GE SeaCo SRL SeaCo Ltd. (‘‘SeaCo’’) seeks an order (‘‘GE SeaCo’’), in a joint venture with under section 3(b)(2) of the Act General Electric Capital Corporation declaring it to be primarily engaged in (‘‘GECC’’).2 a business other than that of investing, 2. GE SeaCo is an operating company reinvesting, owning, holding or trading engaged in the business of leasing in securities. SeaCo is primarily engaged marine containers to ocean carriers and in the shipping container business. shippers, leasing land containers, and Applicant: SeaCo. disposing of containers at the end of DATES: Filing Dates: The application was their useful economic life. SeaCo filed on Feb 9, 2009 and amended on directly owns approximately 50% of the March 4, 2010 and March 16, 2010. outstanding voting securities of GE Hearing or Notification of Hearing: An SeaCo, which entitles it to appoint four order granting the application will be members of GE SeaCo’s board of issued unless the Commission orders a managers (‘‘GE SeaCo Board’’). Since hearing. Interested persons may request April 2006, GECC, which owns the a hearing by writing to the remaining 50% of the outstanding Commission’s Secretary and serving voting securities of GE SeaCo, has held applicant with a copy of the request, the right to appoint five of the nine personally or by mail. Hearing requests members of the GE SeaCo Board. SeaCo should be received by the Commission states that by virtue of its ownership by 5:30 p.m. on April 8, 2010, and stake, SeaCo controls GE SeaCo as should be accompanied by proof of defined in section 2(a)(9) of the Act.3 service on applicant, in the form of an 3. SeaCo represents that it actively affidavit or, for lawyers, a certificate of participates in the management and service. Hearing requests should state affairs of GE SeaCo. SeaCo states that it the nature of the writer’s interest, the conducts its shipping container reason for the request, and the issues business through GE SeaCo by making contested. Persons who wish to be decisions with GE SeaCo about the notified of a hearing may request repair, positioning, re-leasing or sale of notification by writing to the Commission’s Secretary. 1 United States Bankruptcy Court for the District of Delaware, Case No. 06–11156 (KJC). ADDRESSES: Secretary, U.S. Securities 2 As described more fully in the application, and Exchange Commission, 100 F SeaCo finances the activities of, and collects Street, NE., Washington, DC 20549– revenues from, its other subsidiaries through its 1090; Applicant: Jonathan Adams, direct, wholly-owned subsidiary, SeaCo Finance SeaCo Ltd., 22 Victoria Street, P.O. Box Ltd. (‘‘SC Finance’’). While SeaCo owns its voting interest in GE SeaCo directly, it owns its economic HM 1179, Hamilton HM EX, Bermuda. interest in GE SeaCo indirectly through SC Finance FOR FURTHER INFORMATION CONTACT: and certain other intermediate, wholly-owned Steven I. Amchan, Senior Counsel, at subsidiaries. 3 Section 2(a)(9) of the Act defines ‘‘control’’ as the (202) 551–6826, or Julia Kim Gilmer, power to exercise a controlling influence over the Branch Chief, at (202) 551–6821 management or policies of a company, and creates (Division of Investment Management, a presumption that an owner of more than 25% of Office of Investment Company the outstanding voting securities of a company controls the company. Regulation). SECURITIES AND EXCHANGE COMMISSION PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\23MRN1.SGM 23MRN1

Agencies

[Federal Register Volume 75, Number 55 (Tuesday, March 23, 2010)]
[Notices]
[Pages 13802-13803]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6355]


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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 Liquid 
Propane Gas (LPG).

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

SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a class waiver of the Nonmanufacturer Rule for Liquid Propane 
Gas (LPG). On December 10, 2009, SBA received a request that a class 
waiver be granted for liquid propane gas (LPG), Product Service Code 
(PSC) 6830 (Compressed and Liquefied Gases), under the North American 
Industry Classification System (NAICS) code 325120 (Industrial Gases 
Manufacturing). According to the request, no small business 
manufacturers supply these class of products to the Federal government. 
On January 12, 2010, SBA issued a notice of intent to waive the 
Nonmanufacturer Rule for Compressed and Liquefied Gases. 75 FR 1662 
(2010). After reviewing the responses to the notice SBA has concluded 
that the January 12, 2010, notice should have been more specific. Thus, 
SBA is seeking information on whether there are small business LPG 
manufacturers. 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 (SDVO) small businesses or Participants in the SBA's 8(a) 
Business Development (BD) program.

DATES: Comments and source information must be submitted April 7, 2010.

ADDRESSES: You may submit comments and source information to Amy 
Garcia, Program Analyst, Small Business

[[Page 13803]]

Administration, Office of Government Contracting, 409 3rd Street, SW., 
Suite 8800, Washington, DC 20416.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Garcia, Program Analyst, 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, 
SDVO 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), 125.15(c). 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. In addition, SBA uses PSCs to further 
identify particular products within the NAICS code to which a waiver 
would apply. The SBA may then identify a specific item within a PSC and 
NAICS to which a class waiver would apply.
    The SBA is currently processing a request to waive the 
Nonmanufacturer Rule for LPG, PSC 6830 (Compressed and Liquefied 
Gases), under NAICS code 325120 (Industrial Gases Manufacturing). The 
public is invited to comment or provide source information to SBA on 
the proposed waiver of the Nonmanufacturer Rule for this product within 
15 days after date of publication in the Federal Register. In addition, 
SBA received several responses to the January 12, 2010, notice from 
dealers who believe that NAICS code 454312 (Liquefied Petroleum Gas 
(Bottled Gas) Dealers) is the appropriate NAICS code for this industry. 
However, wholesale and retail NAICS codes are not applicable to 
government procurements. 13 CFR 121.201. A procurement for supplies 
should be classified under the appropriate manufacturing or supply 
NAICS code. 13 CFR 121.402(b). A firm can qualify as a non-manufacturer 
on such a procurement if it meets the requirements of 13 CFR 121.406.

Karen Hontz,
Director, Office of Government Contracting.
[FR Doc. 2010-6355 Filed 3-22-10; 8:45 am]
BILLING CODE 8025-01-P
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