Small Business Size Standards; Waiver of the Nonmanufacturer Rule, 32257-32258 [2011-13777]

Download as PDF Federal Register / Vol. 76, No. 107 / Friday, June 3, 2011 / Notices III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 8 and Rule 19b– 4(f)(6) thereunder.9 At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule change should be approved or 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–Phlx–2011–70 on the subject line. Paper Comments • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. All submissions should refer to File Number SR–Phlx–2011–70. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use jlentini on DSK4TPTVN1PROD with NOTICES 8 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6)(iii) requires a self-regulatory organization to provide the Commission with written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has fulfilled this requirement. 9 17 VerDate Mar<15>2010 15:49 Jun 02, 2011 Jkt 223001 only one method. The Commission will post all comments on the Commission’s Internet Web site (https://www.sec.gov/ rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the 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 website viewing and printing in the Commission’s Public Reference Room on official business days between the hours of 10 a.m. and 3 p.m. 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–Phlx–2011–70, and should be submitted on or before June 24, 2011. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10 Cathy H. Ahn, Deputy Secretary. [FR Doc. 2011–13776 Filed 6–2–11; 8:45 am] BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION Small Business Size Standards; Waiver of the Nonmanufacturer Rule U.S. Small Business Administration. ACTION: Notice of proposed retraction of a Class Waiver from the Nonmanufacturer Rule for Product Service Code (PSC) 9130, Liquid Propellants—Petroleum Base, under North American Industry Classification System (NAICS) code 324110 (Petroleum Refineries). AGENCY: The U.S. Small Business Administration (SBA) is proposing the retraction of a class waiver from the non-manufacturer rule for PSC 9130, Liquid Propellants, Petroleum Base, NAICS code 324110. DATES: Comments and source information must be submitted June 20, 2011. ADDRESSES: You may submit comments to Amy Garcia, Procurement Analyst, SUMMARY: 10 17 PO 00000 CFR 200.30–3(a)(12). Frm 00123 Fmt 4703 Sfmt 4703 32257 Small Business Administration, Office of Government Contracting, 409 3rd Street, SW., Suite 8800, Washington, DC 20416. FOR FURTHER INFORMATION CONTACT: Ms. Amy Garcia, Procurement 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 supply contracts set aside for small businesses, SDVO small businesses, women-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), 125.15(c), 127.505, 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 proposing a retraction of the class waiver from the Nonmanufacturer Rule for PSC 9130 (Liquid Propellants—Petroleum Base) under NAICS code 324110. The waiver from the Nonmanufacturer Rule for PSC 9130 is being retracted based on information SBA received from the Defense Logistics Agency, Defense Energy Support Center (DESC), Fort Belvoir, VA. On May 11, 2009 (74 FR 21838) SBA published in the Federal Register a Notice of Intent to grant a waiver of the Nonmanufacturer Rule for PSC 9130 (Liquid Propellants— Petroleum Base). SBA finalized the waiver on June 8, 2009 (74 FR 2702). DESC was not aware of the notice until after the closing date for submission of comments. DESC has awarded prime contracts to, or received offers from, E:\FR\FM\03JNN1.SGM 03JNN1 32258 Federal Register / Vol. 76, No. 107 / Friday, June 3, 2011 / Notices multiple small business refiners within 24 months of the date the May 11, 2009, Federal Register Notice was published. On August 4, 2009, SBA published a Notice of Retraction of a Waiver from the Nonmanufacturer Rule for PSC 9130 (Liquid Propellants—Petroleum Base), under NAICS code 324110 (Petroleum Refineries) seeking comments on the proposed retraction of waiver. A final Notice of Retraction of a Waiver from the Nonmanufacturer Rule for PSC 9130 (Liquid Propellants—Petroleum Base), under NAICS code 324110 (Petroleum Refineries) was not published. Therefore, SBA is again proposing to Retract a Waiver from the Nonmanufacturer Rule for PSC 9130 (Liquid Propellants—Petroleum Base), under NAICS code 324110 (Petroleum Refineries). The public is invited to comment or provide source information to SBA on the proposed retraction of a waiver of the Nonmanufacturer Rule for the product(s) within 15 days after the date of posting in the Federal Register. John W. Klein, Acting Director, Office of Government Contracting. [FR Doc. 2011–13777 Filed 6–2–11; 8:45 am] BILLING CODE 8025–01–P TENNESSEE VALLEY AUTHORITY Meeting of the Regional Resource Stewardship Council Tennessee Valley Authority (TVA). ACTION: Notice of Meeting. AGENCY: The TVA Regional Resource Stewardship Council (RRSC) will hold a meeting on Wednesday, June 29, 2011, to consider TVA’s Natural Resource Plan. The RRSC was established to advise TVA on its natural resource stewardship activities. Notice of this meeting is given under the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2. The management of the Tennessee Valley reservoirs and the lands adjacent to them has long been an integral component of TVA’s mission. As part of implementing the TVA Environmental Policy, TVA is developing a Natural Resource Plan (NRP) that will help prioritize techniques for the management of TVA’s biological and cultural resource management activities, recreation management activities, water resource protection and improvement activities, and reservoir lands planning. In accordance with the National Environmental Policy Act, TVA is also developing an accompanying jlentini on DSK4TPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:49 Jun 02, 2011 Jkt 223001 Environmental Impact Statement (EIS) in which TVA will evaluate the preferred strategy for the NRP, as well as other viable alternative strategies. TVA is using the RRSC as a key stakeholder group throughout the development of the NRP to advise TVA on the issues, tradeoffs, and focus of environmental stewardship activities. The draft NRP and accompanying draft EIS were recently released for public comment. At the June 2011 meeting, TVA will be seeking advice from the RRSC on issues regarding the programs which comprise the NRP. The meeting agenda includes the following: 1. Introductions. 2. Natural Resource Plan overview; Programs included in the NRP for biological, cultural, water, and recreational resources and reservoir lands planning; Historical spending; NRP funding and implementation; and incorporation of advice received from the RRSC at its April 2011 meeting. 3. Public Comments. 4. Council Discussion and Advice. The RRSC will hear opinions and views of citizens by providing a public comment session. The public comment session will be held at 2 p.m. E.D.T., on Wednesday, June 29. Persons wishing to speak are requested to register at the door by 1 p.m. E.D.T., on Wednesday, June 29 and will be called on during the public comment period. Handout materials should be limited to one printed page. Written comments are also invited and may be mailed to the Regional Resource Stewardship Council, Tennessee Valley Authority, 400 West Summit Hill Drive, WT 11B, Knoxville, Tennessee 37902. The meeting will be held on Wednesday, June 29 from 8:30 a.m. to 4 p.m. E.D.T. DATES: The meeting will be held at Brasstown Valley Resort, 6321 U.S. Highway 76, Young Harris, Georgia, 30582 and will be open to the public. Anyone needing special access or accommodations should let the contact below know at least a week in advance. ADDRESSES: Beth Keel, 400 West Summit Hill Drive, WT 11B, Knoxville, Tennessee 37902, (865) 632–6113. FOR FURTHER INFORMATION CONTACT: Dated: May 25, 2011. Anda A. Ray, Senior Vice President and Environmental Executive, Environment and Technology, Tennessee Valley Authority. [FR Doc. 2011–13753 Filed 6–2–11; 8:45 am] BILLING CODE 8120–08–P PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2011–0183] Access to Aircraft Situation Display (ASDI) and National Airspace System Status Information (NASSI) Federal Aviation Administration (FAA), DOT. ACTION: Notice of modification to the FAA/Subscriber Memorandum of Agreement (MOA). AGENCY: The FAA has decided that it is in the best interests of the United States Government and the general public to modify Section 9 of the June 1, 2006 MOA for Industry Access to Aircraft Situation Display (ASDI) and National Airspace System Status Information (NASSI) data, between the FAA and Direct Subscribers to ASDI and NASSI data-feeds. In recognition of the fact that the Privacy Act does not protect general aviation operators and on-demand air charter aircraft operating under 14 CFR part 135 (‘‘on-demand aircraft’’) from public knowledge of their flight information, the FAA will require Direct Subscribers (as a condition of signing the MOA) and Indirect Subscribers (as a condition of signing agreements with Direct Subscribers) to block from ASDI and NASSI data-feeds available to the public any general aviation aircraft or on-demand aircraft the registration number for which a Certified Security Concern has been provided to the FAA by electronic mail at CertifiedSecurityConcern@faa.gov or by regular mail at FAA Certified Security Concern, ATO System Operations Services; Room 1002, 800 Independence Avenue, SW., Washington, DC 20591. The FAA will no longer accommodate any ASDI- or NASSI-related security or privacy requests, except such Certified Security Concern. DATES: A Certified Security Concern will be due within July 5, 2011. The MOA amendment will be effective August 2, 2011. FOR FURTHER INFORMATION CONTACT: Mr. Barry Davis by telephone at (540) 422– 4650 or by electronic mail at barry.davis@faa.gov. SUMMARY: The navigational facilities and services in the national airspace system (NAS)— including the air traffic controllers, radar- and satellite-based systems, air traffic control towers and centers, and the like—are funded through the Airport and Airway Trust Fund and the taxpayer-supported general fund, SUPPLEMENTARY INFORMATION: E:\FR\FM\03JNN1.SGM 03JNN1

Agencies

SMALL BUSINESS ADMINISTRATION

[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Notices]
[Pages 32257-32258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13777]


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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 proposed retraction of a Class Waiver from the 
Nonmanufacturer Rule for Product Service Code (PSC) 9130, Liquid 
Propellants--Petroleum Base, under North American Industry 
Classification System (NAICS) code 324110 (Petroleum Refineries).

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

SUMMARY: The U.S. Small Business Administration (SBA) is proposing the 
retraction of a class waiver from the non-manufacturer rule for PSC 
9130, Liquid Propellants, Petroleum Base, NAICS code 324110.

DATES: Comments and source information must be submitted June 20, 2011.

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

FOR FURTHER INFORMATION CONTACT: Ms. Amy Garcia, Procurement 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 supply contracts set aside for small 
businesses, SDVO small businesses, women-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), 125.15(c), 127.505, 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 proposing a retraction of the class waiver from the 
Nonmanufacturer Rule for PSC 9130 (Liquid Propellants--Petroleum Base) 
under NAICS code 324110. The waiver from the Nonmanufacturer Rule for 
PSC 9130 is being retracted based on information SBA received from the 
Defense Logistics Agency, Defense Energy Support Center (DESC), Fort 
Belvoir, VA. On May 11, 2009 (74 FR 21838) SBA published in the Federal 
Register a Notice of Intent to grant a waiver of the Nonmanufacturer 
Rule for PSC 9130 (Liquid Propellants--Petroleum Base). SBA finalized 
the waiver on June 8, 2009 (74 FR 2702). DESC was not aware of the 
notice until after the closing date for submission of comments. DESC 
has awarded prime contracts to, or received offers from,

[[Page 32258]]

multiple small business refiners within 24 months of the date the May 
11, 2009, Federal Register Notice was published. On August 4, 2009, SBA 
published a Notice of Retraction of a Waiver from the Nonmanufacturer 
Rule for PSC 9130 (Liquid Propellants--Petroleum Base), under NAICS 
code 324110 (Petroleum Refineries) seeking comments on the proposed 
retraction of waiver. A final Notice of Retraction of a Waiver from the 
Nonmanufacturer Rule for PSC 9130 (Liquid Propellants--Petroleum Base), 
under NAICS code 324110 (Petroleum Refineries) was not published. 
Therefore, SBA is again proposing to Retract a Waiver from the 
Nonmanufacturer Rule for PSC 9130 (Liquid Propellants--Petroleum Base), 
under NAICS code 324110 (Petroleum Refineries). The public is invited 
to comment or provide source information to SBA on the proposed 
retraction of a waiver of the Nonmanufacturer Rule for the product(s) 
within 15 days after the date of posting in the Federal Register.

John W. Klein,
Acting Director, Office of Government Contracting.
[FR Doc. 2011-13777 Filed 6-2-11; 8:45 am]
BILLING CODE 8025-01-P

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