Small Business Size Standards: Waiver of the Nonmanufacturer Rule, 28077-28078 [2010-11929]

Download as PDF Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices These dockets are addressed on a consolidated basis for purposes of this order. Filings with respect to a particular contract should be filed in that docket. Interested persons may submit comments on whether the Postal Service’s contracts are consistent with the policies of 39 U.S.C. 3632, 3633 or 3642. Comments are due no later than May 20, 2010. The public portions of these filings can be accessed via the Commission’s website (https:/// www.prc.gov). The Commission appoints John P. Klingenberg to serve as Public Representative in the captioned proceedings. III. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket Nos. CP2010–50, CP2010–51, CP2010– 52 and CP2010–53 for consideration of matters raised by the Postal Service’s Notice. 2. Comments by interested persons in these proceedings are due no later than May 20, 2010. 3. Pursuant to 39 U.S.C. 505, John P. Klingenberg is appointed to serve as the officer of the Commission (Public Representative) to represent the interests of the general public in these proceedings. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Judith M. Grady, Assistant Secretary. [FR Doc. 2010–11942 Filed 5–18–10; 8:45 am] BILLING CODE 7710–FW–S SMALL BUSINESS ADMINISTRATION jlentini on DSKJ8SOYB1PROD with NOTICES Small Business Size Standards: Waiver of the Nonmanufacturer Rule AGENCY: U.S. Small Business Administration. ACTION: Notice of Decision not to proceed with issuance of a class waiver of the Nonmanufacturer Rule for Improved Outer Tactical Vests and related accessories under Product Service Code (PSC) 8470 (Armor Personal) under North American Industry Classification System (NAICS) code 339113 (Surgical Appliance and Supplies Manufacturing). SUMMARY: The U. S. Small Business Administration (SBA) will not issue a class waiver of the non-manufacturer rule for PSC 8470 (Armor Personal), NAICS code 339113. VerDate Mar<15>2010 16:07 May 18, 2010 Jkt 220001 DATES: A printout of approved class waivers can be found at https:// www.sba.gov/aboutsba/sbaprograms/gc/ programs/ gc_waivers_nonmanufacturer.html. 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 Participants in SBA’s 8(a) Business Development (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. A class of products is defined based on the Office of Management and Budget’s NAICS codes and the General Services Administration’s Product and Service Code Directory. Within each sixdigit NAICS code are subdivisions of products that can be considered for a waiver. A request for a waiver of a class of products should refer to a specific subdivision, or statement of product, within a six-digit NAICS code. A waiver of the Nonmanufacturer Rule does not waive the entire class of products under a specific NAICS code. The class waiver waives specific products within a subdivision within a NAICS code. Any individual or organization (government agency, business, association, etc.) may request a waiver for a class of products. The request should be in writing, addressed to the Director for Government Contracting and should specifically state the class (or classes) of products for which the waiver is sought. In response to a request from a Federal Agency, SBA proposed to issue a Class Waiver for Improved Outer Tactical Vests, PSC 8470, NAICS code 339113, Federal Register Notice 20870. The SBA received multiple comments from small business manufacturers and distributors that have been awarded prime contracts or have submitted offers within the past 24 months. Thus, SBA will not issue a class waiver from the non-manufacturer rule PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 28077 for PSC 8470 (Armor Personal) under NAICS code 339113. Authority: 15 U.S.C. 634. Karen Hontz, Director for Government Contracting. [FR Doc. 2010–11926 Filed 5–18–10; 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 Herbicides, Insecticides, and Fungicides, under Product Service Code (PSC) 6840, under North American Industry Classification System (NAICS) code 325320, Pesticide and Other Agricultural Chemical Manufacturing. SUMMARY: The U. S. Small Business Administration (SBA) is considering granting a waiver of the Nonmanufacturer Rule for Herbicides, Insecticides, and Fungicides, under PSC 6840, under NAICS code 325120. According to a request, no small business manufacturers supply these products to the Federal government. If granted, the waiver would allow an 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. DATES: Comments and source information must be submitted June 3, 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 E:\FR\FM\19MYN1.SGM 19MYN1 28078 Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 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 PSC 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. Karen Hontz, Director, Office of Government Contracting. [FR Doc. 2010–11929 Filed 5–18–10; 8:45 am] BILLING CODE 8025–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–62078; File No. 4–597] Program for Allocation of Regulatory Responsibilities Pursuant to Rule 17d– 2; Order Approving and Declaring Effective a Plan for the Allocation of Regulatory Responsibilities Between the Financial Industry Regulatory Authority, Inc. and EDGA Exchange, Inc. jlentini on DSKJ8SOYB1PROD with NOTICES May 11, 2010. On April 2, 2010, EDGA Exchange, Inc. (‘‘EDGA’’) and the Financial Industry Regulatory Authority, Inc. (‘‘FINRA’’) (together with EDGA, the ‘‘Parties’’) filed with the Securities and Exchange Commission (‘‘Commission’’), pursuant to Section 17(d) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 17d–2 thereunder,2 a plan for the allocation of regulatory responsibilities, dated March 31, 2010 (‘‘17d–2 Plan’’ or the ‘‘Plan’’). The Plan was published for comment on April 13, 2010.3 The Commission received no 1 15 U.S.C. 78q(d). 2 17 CFR 240.17d–2. 3 See Securities Exchange Act Release No. 61860 (April 7, 2010), 75 FR 18915. VerDate Mar<15>2010 16:07 May 18, 2010 Jkt 220001 comments on the Plan. This order approves and declares effective the Plan. I. Introduction Section 19(g)(1) of the Act,4 among other things, requires every selfregulatory organization (‘‘SRO’’) registered as either a national securities exchange or national securities association to examine for, and enforce compliance by, its members and persons associated with its members with the Act, the rules and regulations thereunder, and the SRO’s own rules, unless the SRO is relieved of this responsibility pursuant to Section 17(d) or Section 19(g)(2) of the Act.5 Without this relief, the statutory obligation of each individual SRO could result in a pattern of multiple examinations of broker-dealers that maintain memberships in more than one SRO (‘‘common members’’). Such regulatory duplication would add unnecessary expenses for common members and their SROs. Section 17(d)(1) of the Act 6 was intended, in part, to eliminate unnecessary multiple examinations and regulatory duplication.7 With respect to a common member, Section 17(d)(1) authorizes the Commission, by rule or order, to relieve an SRO of the responsibility to receive regulatory reports, to examine for and enforce compliance with applicable statutes, rules, and regulations, or to perform other specified regulatory functions. To implement Section 17(d)(1), the Commission adopted two rules: Rule 17d–1 and Rule 17d–2 under the Act.8 Rule 17d–1 authorizes the Commission to name a single SRO as the designated examining authority (‘‘DEA’’) to examine common members for compliance with the financial responsibility requirements imposed by the Act, or by Commission or SRO rules.9 When an SRO has been named as a common member’s DEA, all other SROs to which the common member belongs are relieved of the responsibility to examine the firm for compliance with the applicable financial responsibility rules. On its face, Rule 17d–1 deals only with an SRO’s obligations to enforce member compliance with financial responsibility 4 15 U.S.C. 78s(g)(1). U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2), respectively. 6 15 U.S.C. 78q(d)(1). 7 See Securities Act Amendments of 1975, Report of the Senate Committee on Banking, Housing, and Urban Affairs to Accompany S. 249, S. Rep. No. 94– 75, 94th Cong., 1st Session 32 (1975). 8 17 CFR 240.17d–1 and 17 CFR 240.17d–2, respectively. 9 See Securities Exchange Act Release No. 12352 (April 20, 1976), 41 FR 18808 (May 7, 1976). 5 15 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 requirements. Rule 17d–1 does not relieve an SRO from its obligation to examine a common member for compliance with its own rules and provisions of the federal securities laws governing matters other than financial responsibility, including sales practices and trading activities and practices. To address regulatory duplication in these and other areas, the Commission adopted Rule 17d–2 under the Act.10 Rule 17d–2 permits SROs to propose joint plans for the allocation of regulatory responsibilities with respect to their common members. Under paragraph (c) of Rule 17d–2, the Commission may declare such a plan effective if, after providing for appropriate notice and comment, it determines that the plan is necessary or appropriate in the public interest and for the protection of investors; to foster cooperation and coordination among the SROs; to remove impediments to, and foster the development of, a national market system and a national clearance and settlement system; and is in conformity with the factors set forth in Section 17(d) of the Act. Commission approval of a plan filed pursuant to Rule 17d–2 relieves an SRO of those regulatory responsibilities allocated by the plan to another SRO. II. Proposed Plan The proposed 17d–2 Plan is intended to reduce regulatory duplication for firms that are common members of both EDGA and FINRA. Pursuant to the proposed 17d–2 Plan, FINRA would assume certain examination and enforcement responsibilities for those EDGA members that are also members of FINRA and the associated persons therewith (‘‘Dual Members’’) with respect to certain applicable laws, rules, and regulations.11 The text of the Plan delineates the proposed regulatory responsibilities with respect to the Parties. Included in the proposed Plan is an exhibit (the ‘‘EDGA Certification for 17d–2 Agreement with FINRA,’’ referred to herein as the ‘‘Certification’’) that lists every EDGA rule, and select federal securities laws, rules, and regulations, for which FINRA would bear responsibility under the Plan for overseeing and enforcing with respect to Dual Members. Specifically, under the 17d–2 Plan, FINRA would assume examination and enforcement responsibility relating to compliance by Dual Members with the 10 See Securities Exchange Act Release No. 12935 (October 28, 1976), 41 FR 49091 (November 8, 1976). 11 See Paragraph 1(c) of the proposed 17d–2 Plan (defining ‘‘Dual Members’’). E:\FR\FM\19MYN1.SGM 19MYN1

Agencies

SMALL BUSINESS ADMINISTRATION

[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Notices]
[Pages 28077-28078]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11929]


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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 
Herbicides, Insecticides, and Fungicides, under Product Service Code 
(PSC) 6840, under North American Industry Classification System (NAICS) 
code 325320, Pesticide and Other Agricultural Chemical Manufacturing.

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

SUMMARY: The U. S. Small Business Administration (SBA) is considering 
granting a waiver of the Nonmanufacturer Rule for Herbicides, 
Insecticides, and Fungicides, under PSC 6840, under NAICS code 325120. 
According to a request, no small business manufacturers supply these 
products to the Federal government. If granted, the waiver would allow 
an 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 June 3, 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

[[Page 28078]]

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 PSC 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.

Karen Hontz,
Director, Office of Government Contracting.
[FR Doc. 2010-11929 Filed 5-18-10; 8:45 am]
BILLING CODE 8025-01-P

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