Small Business Size Standards: Waiver of the Nonmanufacturer Rule, 30384-30385 [2013-12108]

Download as PDF 30384 Federal Register / Vol. 78, No. 99 / Wednesday, May 22, 2013 / Notices 19b–4(f)(2) 15 thereunder. 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. 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 email to rulecomments@sec.gov. Please include File No. SR–DTC–2013–06 on the subject line. TKELLEY on DSK3SPTVN1PROD with NOTICES Paper Comments • Send 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 No. SR–DTC–2013–06. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use 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 Web site viewing and printing in the Commission’s Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filings will also be available for inspection and copying at the principal office of DTC and on DTC’s Web site at https://dtcc.com/legal/rule_filings/dtc/ 2013.php. 15 17 CFR 240.19b–4(f)(2). VerDate Mar<15>2010 16:59 May 21, 2013 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 No. SR–DTC–2013–06 and should be submitted on or before June 12, 2013. (202) 205–6178 and fax (202) 481–2707, email: Jose.mendez@sba.gov. Additionally, if you need accommodations because of a disability or require additional information, please ´ ´ contact Jose Mendez as well. For more information on the Office of the National Ombudsman, see our Web site at www.sba.gov/ombudsman. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.16 Kevin M. O’Neill, Deputy Secretary. Dated: May 16, 2013. Dan Jones, SBA Committee Management Officer. BILLING CODE 8025–01–P [FR Doc. 2013–12167 Filed 5–21–13; 8:45 am] BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION SMALL BUSINESS ADMINISTRATION Federal Regulatory Enforcement Fairness Hearing; Region X Regulatory Fairness Board U.S. Small Business Administration (SBA). ACTION: Notice of open meeting of the Regional (Region X) Small Business Regulatory Fairness Board. AGENCY: SUMMARY: The (SBA) Office of the National Ombudsman is issuing this notice to announce the location, date and time of the Regional Small Business Regulatory Fairness hearing. This meeting is open to the public. DATES: The hearing will be held on Thursday, June 6, 2013 from 9:00 a.m. to 11:30 a.m. (PST). ADDRESSES: The meeting will be at The Rainer Club, 820—4th Avenue, Seattle, WA 98104–1653. SUPPLEMENTARY INFORMATION: Pursuant to the Small Business Regulatory Enforcement Fairness Act (Pub. L. 104– 121), Sec. 222, SBA announces the meeting for Business Organizations, Trade Associations, Chambers of Commerce and related organizations serving small business concerns to report experiences regarding unfair or excessive Federal regulatory enforcement issues affecting their members. FOR FURTHER INFORMATION CONTACT: The meeting is open to the public; however, advance notice of attendance is requested. Anyone wishing to attend and/or make a presentation to the Region X Regulatory Fairness Board ´ ´ must contact Jose Mendez by May 30, 2013 in writing, by fax or email in order ´ to be placed on the agenda. Jose ´ Mendez, Case Management Specialist, SBA, Headquarters, 409 3rd Street SW., Suite 7125, Washington, DC, phone 16 17 Jkt 229001 [FR Doc. 2013–12106 Filed 5–21–13; 8:45 am] PO 00000 CFR 200.30–3(a)(12). Frm 00118 Fmt 4703 Sfmt 4703 Small Business Size Standards: Waiver of the Nonmanufacturer Rule U.S. Small Business Administration. ACTION: Notice of intent to waive the Nonmanufacturer Rule for commercialtype ovens, gas ranges, and ranges. AGENCY: SUMMARY: The U.S. Small Business Administration (SBA) is considering granting a class waiver of the Nonmanufacturer Rule for commercialtype ovens, gas ranges, and ranges, under Product Service Code (PSC) 7310 (Food Cooking, Baking, and Serving Equipment), under the North American Industry Classification System (NAICS) code 333318 (Other Commercial and Service Industry Machinery Manufacturing). According to the waiver request, no small business manufacturers supply this class of products to the Federal government. Thus, SBA is seeking information on whether there are small business manufacturers of these items. If granted, the waiver would allow otherwise qualified small businesses to supply the product of any manufacturer on a Federal contract set aside for small businesses, Service-Disabled VeteranOwned (SDVO) small businesses, Participants in the SBA’s 8(a) Business Development (BD) program, or WomenOwned Small Businesses (WOSBs). DATES: Comments and source information must be submitted July 8, 2013. You may submit comments and source information, identified by docket number SBA–2013–0005, by any of the following methods: (1) Federal eRulemaking Portal: www.regulations.gov, following the instructions for submitting comments; or (2) Mail/Hand Delivery/Courier: Edward Halstead, Procurement Analyst, Small Business Administration, Office ADDRESSES: E:\FR\FM\22MYN1.SGM 22MYN1 TKELLEY on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 99 / Wednesday, May 22, 2013 / Notices of Government Contracting, 409 3rd Street SW., Suite 8022, Washington, DC 20416. All comments will be posted on www.regulations.gov. If you wish to include within your comment confidential business information (CBI) as defined in the Privacy and Use Notice/User Notice at www. regulations.gov, and you do not want that information disclosed, you must submit the comment by either Mail or Hand Delivery. In the submission, you must highlight the information that you consider CBI and explain why you believe this information should be withheld as confidential. SBA will make a final determination, in its sole discretion, as to whether the information is CBI and therefore will be published or withheld. FOR FURTHER INFORMATION CONTACT: Edward Halstead, by telephone at (202) 205–9885, or by email at edward.halstead@sba.gov. SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act (Act), 15 USC 637(a)(17), and SBA’s implementing regulations require that recipients of Federal contracts for supplies which are set aside for small businesses, Service-Disabled VeteranOwned (SDVO) small businesses, Women-Owned Small Businesses (WOSBs), or Participants in SBA’s 8(a) BD Program must 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)(II) 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 been awarded or have performed a contract to supply a specific class of products to the Federal Government within 24 months from the date of the request for waiver, either directly or through a dealer, or have submitted an offer on a solicitation for that class of products within that time frame. 13 CFR 121.1202(c). SBA defines ‘‘class of products’’ as an individual subdivision within a (NAICS) Industry Number as established by the Office of Management and Budget in the NAICS Manual. 13 CFR 121.1202(d). In addition, SBA uses (PSCs) to further identify particular VerDate Mar<15>2010 16:59 May 21, 2013 Jkt 229001 products within the NAICS code to which a waiver would apply. On July 12, 2012, SBA received a request to waive the Nonmanufacturer Rule for commercial ovens and broilers, PSC 7310, under NAICS code 333319 (Other Commercial and Service Industry Machinery Manufacturing). SBA notes that at the time of the request, these items were classified under NAICS code 333319. However, effective October 1, 2012, SBA published revised NAICS codes and Small Business Size Standards, for purposes of Government procurement. As a result of this change, NAICS code 333319 is eliminated from the 2012 NAICS code listing and the items requested for waiver are now listed under the 2012 NAICS code 333318. The public is invited to comment or provide source information to SBA on the proposed waiver of the Nonmanufacturer Rule for the products described in this notice within 45 days after the date of publication in the Federal Register. Dated: May 16, 2013. Kenneth W. Dodds, Director, Office of Government Contracting. [FR Doc. 2013–12108 Filed 5–21–13; 8:45 am] BILLING CODE 8025–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Approval of Noise Compatibility Program for Tweed-New Haven Regional Airport Federal Aviation Administration, DOT. ACTION: Notice. AGENCY: SUMMARY: The Federal Aviation Administration (FAA) announces its findings on the noise compatibility program submitted by the Tweed-New Haven Airport Authority under the provisions of Title I of the Aviation Safety and Noise Abatement Act of 1979 (Pub. L. 96–193) and 14 CFR part 150. These findings are made in recognition of the description of federal and nonfederal responsibilities in Senate Report No. 96–52 (1980). On November 26, 2012, the FAA determined that the noise exposure maps submitted by the City of Portland under Part 150 were in compliance with applicable requirements. On May 9, 2013, the New England Region Airports Division Regional Manager approved the noise compatibility program. Seventeen of the proposed program elements were approved, or approved in part. Four of the elements were disapproved. PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 30385 Effective Date: The effective date of the FAA’s approval of the TweedNew Haven Regional Airport noise compatibility program is May 9, 2013. FOR FURTHER INFORMATION CONTACT: Richard Doucette, Federal Aviation Administration, New England Region, Airports Division, 12 New England Executive Park, Burlington, Massachusetts 01803, Telephone (781) 238–7613. Documents reflecting this FAA action may be obtained from the same individual. SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given its overall approval to the TweedNew Haven Regional Airport noise compatibility program, effective May 9, 2013. Under Section 104(a) of the Aviation Safety and Noise Abatement Act of 1979 (hereinafter the Act), an airport operator who has previously submitted a noise exposure map may submit to the FAA a noise compatibility program which sets forth the measures taken or proposed by the airport operator for the reduction of existing non-compatible land uses and prevention of additional non-compatible land uses within the area covered by the noise exposure maps. The Act requires such programs to be developed in consultation with interested and affected parties including local communities, government agencies, airport users, and FAA personnel. Each airport noise compatibility program developed in accordance with Federal Aviation Regulation (FAR), Part 150 is a local program, not a federal program. The FAA does not substitute its judgment for that of the airport proprietor with respect to which measures should be recommended for action. The FAA’s approval or disapproval of FAR Part 150 program recommendations is measured according to the standards expressed in Part 150 and the Act, and is limited to the following determinations: (a) The noise compatibility program was developed in accordance with the provisions and procedures of FAR Part 150; (b) program measures are reasonably consistent with achieving the goals of reducing existing non-compatible land uses around the airport and preventing the introduction of additional noncompatible land uses; (c) program measures would not create an undue burden on interstate or foreign commerce, unjustly discriminate against types or classes of aeronautical uses, violate the terms of airport grant agreements, or intrude into areas DATES: E:\FR\FM\22MYN1.SGM 22MYN1

Agencies

[Federal Register Volume 78, Number 99 (Wednesday, May 22, 2013)]
[Notices]
[Pages 30384-30385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12108]


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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 
commercial-type ovens, gas ranges, and ranges.

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

SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a class waiver of the Nonmanufacturer Rule for commercial-type 
ovens, gas ranges, and ranges, under Product Service Code (PSC) 7310 
(Food Cooking, Baking, and Serving Equipment), under the North American 
Industry Classification System (NAICS) code 333318 (Other Commercial 
and Service Industry Machinery Manufacturing). According to the waiver 
request, no small business manufacturers supply this class of products 
to the Federal government. Thus, SBA is seeking information on whether 
there are small business manufacturers of these items. If granted, the 
waiver would allow otherwise qualified small businesses to supply the 
product of any manufacturer on a Federal contract set aside for small 
businesses, Service-Disabled Veteran-Owned (SDVO) small businesses, 
Participants in the SBA's 8(a) Business Development (BD) program, or 
Women-Owned Small Businesses (WOSBs).

DATES: Comments and source information must be submitted July 8, 2013.

ADDRESSES: You may submit comments and source information, identified 
by docket number SBA-2013-0005, by any of the following methods:
    (1) Federal eRulemaking Portal: www.regulations.gov, following the 
instructions for submitting comments; or
    (2) Mail/Hand Delivery/Courier: Edward Halstead, Procurement 
Analyst, Small Business Administration, Office

[[Page 30385]]

of Government Contracting, 409 3rd Street SW., Suite 8022, Washington, 
DC 20416.
    All comments will be posted on www.regulations.gov. If you wish to 
include within your comment confidential business information (CBI) as 
defined in the Privacy and Use Notice/User Notice at www. 
regulations.gov, and you do not want that information disclosed, you 
must submit the comment by either Mail or Hand Delivery. In the 
submission, you must highlight the information that you consider CBI 
and explain why you believe this information should be withheld as 
confidential. SBA will make a final determination, in its sole 
discretion, as to whether the information is CBI and therefore will be 
published or withheld.

FOR FURTHER INFORMATION CONTACT: Edward Halstead, by telephone at (202) 
205-9885, or by email at edward.halstead@sba.gov.

SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act 
(Act), 15 USC 637(a)(17), and SBA's implementing regulations require 
that recipients of Federal contracts for supplies which are set aside 
for small businesses, Service-Disabled Veteran-Owned (SDVO) small 
businesses, Women-Owned Small Businesses (WOSBs), or Participants in 
SBA's 8(a) BD Program must 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)(II) 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 
been awarded or have performed a contract to supply a specific class of 
products to the Federal Government within 24 months from the date of 
the request for waiver, either directly or through a dealer, or have 
submitted an offer on a solicitation for that class of products within 
that time frame. 13 CFR 121.1202(c). SBA defines ``class of products'' 
as an individual subdivision within a (NAICS) Industry Number as 
established by the Office of Management and Budget in the NAICS Manual. 
13 CFR 121.1202(d). In addition, SBA uses (PSCs) to further identify 
particular products within the NAICS code to which a waiver would 
apply.
    On July 12, 2012, SBA received a request to waive the 
Nonmanufacturer Rule for commercial ovens and broilers, PSC 7310, under 
NAICS code 333319 (Other Commercial and Service Industry Machinery 
Manufacturing). SBA notes that at the time of the request, these items 
were classified under NAICS code 333319. However, effective October 1, 
2012, SBA published revised NAICS codes and Small Business Size 
Standards, for purposes of Government procurement. As a result of this 
change, NAICS code 333319 is eliminated from the 2012 NAICS code 
listing and the items requested for waiver are now listed under the 
2012 NAICS code 333318.
    The public is invited to comment or provide source information to 
SBA on the proposed waiver of the Nonmanufacturer Rule for the products 
described in this notice within 45 days after the date of publication 
in the Federal Register.

    Dated: May 16, 2013.
Kenneth W. Dodds,
Director, Office of Government Contracting.
[FR Doc. 2013-12108 Filed 5-21-13; 8:45 am]
BILLING CODE 8025-01-P
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