Class Waiver of the Nonmanufacturer Rule, 69010-69011 [2019-27119]
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Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Notices
whether the proposed rule change
should be 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 email to rule-comments@
sec.gov. Please include File Number SR–
NASDAQ–2019–089 on the subject line.
Paper Comments
jbell on DSKJLSW7X2PROD with NOTICES
All submissions should refer to File
Number SR–NASDAQ–2019–089. 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 website (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, 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
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–NASDAQ–2019–089, and
should be submitted on or before
January 7, 2020.
19:32 Dec 16, 2019
[FR Doc. 2019–27080 Filed 12–16–19; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
Class Waiver of the Nonmanufacturer
Rule
U.S. Small Business
Administration.
ACTION: Notice of intent to waive the
Nonmanufacturer Rule for commercially
available off-the-shelf laptop and tablet
computers under NAICS code 334111/
PSC 7435.
AGENCY:
The U.S. Small Business
Administration (SBA) is considering
granting a request for a class waiver of
the Nonmanufacturer Rule (NMR) for
commercially available off-the-shelf
laptop and tablet computers under
North American Industry Classification
System (NAICS) code 334111 and
Product Service Code (PSC 7435). This
U.S. industry comprises establishments
primarily engaged in manufacturing
commercially available off-the-shelf
laptop and tablet computers. According
to the request, no small business
manufacturers supply this product to
the Federal government. If granted, the
class waiver would allow otherwise
qualified regular dealers to supply the
waived item(s), regardless of the
business size of the manufacturer, on a
Federal contract set aside for small
business, service-disabled veteranowned small business (SDVOSB),
women-owned small business (WOSB),
economically disadvantaged womenowned small business (EDWOSB),
historically underutilized business
zones (HUBZone), or participants in the
SBA’s 8(a) Business Development (BD)
program.
DATES: Comments and source
information must be submitted by
January 16, 2020.
ADDRESSES: You may submit comments
and source information via the Federal
Rulemaking Portal at https://
www.regulations.gov. If you wish to
submit confidential business
information (CBI) as defined in the User
Notice at https://www.regulations.gov,
please submit the information to Carol
Hulme, Program Analyst, Office of
Government Contracting, U.S. Small
Business Administration, 409 Third
Street SW, 8th Floor, Washington, DC
SUMMARY:
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
VerDate Sep<11>2014
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
J. Matthew DeLesDernier,
Assistant Secretary.
Jkt 250001
15 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00136
Fmt 4703
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20416. Highlight the information that
you consider to be CBI, and explain why
you believe this information should be
held confidential. SBA will review the
information and make a final
determination as to whether the
information will be published.
FOR FURTHER INFORMATION CONTACT:
Carol Hulme, Program Analyst, by
telephone at 202–205–6347; or by email
at Carol-Ann.Hulme@sba.gov.
SUPPLEMENTARY INFORMATION: Sections
8(a)(17) and 46 of the Small Business
Act (Act), 15 U.S.C. 637(a)(17) and 657s,
and SBA’s implementing regulations
require that recipients of Federal supply
contracts (except those valued between
$3,500 and $250,000) set aside for small
business, SDVOSB, WOSB, EDWOSB,
HUBZone, or BD program participants,
provide the product of a small business
manufacturer or processor if the
recipient is not the actual manufacturer
or processor of the product. This
requirement is commonly referred to as
the Nonmanufacturer Rule (NMR). 13
CFR 121.406(b). Sections
8(a)(17)(B)(iv)(II) and 46(a)(4)(B) of the
Act authorize SBA to waive the NMR for
a ‘‘class of products’’ for which there are
no small business manufacturers or
processors available to participate in the
Federal market.
As implemented in SBA’s regulations
at 13 CFR 121.1202(c), 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 been awarded a
contract to supply the class of products
within the last 24 months.
The SBA defines ‘‘class of products’’
based on a combination of (1) the sixdigit NAICS code, (2) the four-digit PSC,
and (3) a description of the class of
products.
The SBA is currently processing a
request to waive the NMR for
commercially available off-the-shelf
laptop and tablet computers under
NAICS code 334111 and PSC 7435.
Table 1 below identifies manufacturers
of these products that SBA is aware of:
TABLE 1
Manufacturer
Acer America Corp ...............
American Sunrex Corp .........
Apple, Inc ..............................
Asus USA ..............................
Clevo .....................................
Compal Electronics ...............
Dell Technologies Inc ...........
Elitegroup Computer Systems.
Eurocom Corporation ............
E:\FR\FM\17DEN1.SGM
17DEN1
Product
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Notices
CFR 125.1. The FAR definition for
COTS states the following:
TABLE 1—Continued
Manufacturer
jbell on DSKJLSW7X2PROD with NOTICES
Flextronics Corporation d/b/a
Flex.
Fujitsu America Inc ...............
Gigabyte Technology ............
Google, LLC ..........................
Hasee Computer Co., Ltd .....
Hewlett-Packard Enterprise
Co.
Hon Hai Precision Industry
Co., Ltd. d/b/a Foxconn
Technology Group.
International Business Machines d/b/a IBM.
Inventec Corp ........................
Lenovo Group Ltd .................
LG Electronics, Inc ................
Microsoft Corp .......................
NEC Corporation of America
Panasonic Corp ....................
Pegatron Corp .......................
Positivo Tecnologia SA fka
Positivo Informatica SA.
Quantra Computer Inc ..........
Samsung Electronics Co. Ltd
Shenzhen Daystar Connect
Technology Co. Ltd.
Sony Corp .............................
Toshiba International Corporation.
TriGem Computer Inc ...........
Wistron Corp .........................
Apple Inc ...............................
Asus USA ..............................
Dell Technologies Inc ...........
Fujitsu America Inc ...............
Google LLC ...........................
Hewlett-Packard Enterprise
Co.
HTC Corp ..............................
Huawei Investment & Holding
Co. Ltd.
Lenovo Group Ltd .................
LG Electronics Inc .................
Microsoft Corp .......................
Motorola Solutions Inc ..........
Micro-Star International Co.
Ltd.
NEC Corporation of America
Nokia Oyj ..............................
Nvidia Corporation ................
Panasonic Corporation .........
Pegatron Corp .......................
Quanta Computer Inc ...........
Samsung Electronics Co. Ltd
Sony Corp .............................
Toshiba International Corp ...
Trimble, Inc ...........................
Xiaomi United States ............
Product
(1) Means any item or supply (including
construction material) that is—(i) A
commercial item (as defined in paragraph (1)
of the definition in this section); (ii) Sold in
substantial quantities in the commercial
marketplace; and (iii) Offered to the
Government, under a contract or subcontract
at any tier, without modification, in the same
form in which it is sold in the commercial
marketplace; and (2) Does not include bulk
cargo, as defined in 46 U.S.C. 40102(4), such
as agricultural products and petroleum
products.
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Under the proposed language of this
waiver SBA would be granting a class
waiver only for laptops and computers
procured by the government that meet
that definition. Specialty laptops and
computers that are modified to meet
demands of the Federal Government
would not be included in the waiver.
SBA is requesting comment on the
specific nature of this waiver,
specifically the SBA’s use of the COTS
language in a class waiver and whether
the proposed language of the waiver is
appropriate given the commercial and
Government markets for computers and
laptops. The public may comment or
provide source information on any
small business manufacturers of this
class of products that are available to
participate in the Federal market. The
public comment period will run for 30
days after the date of publication in the
Federal Register.
More information on the NMR and
class waivers can be found at https://
www.sba.gov/contracting/contractingofficials/non-manufacturer-rule/nonmanufacturer-waivers.
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Laptops.
Tablets.
Tablets.
Tablets.
Tablets.
Tablets.
Tablets.
Tablets.
Tablets.
Tablets.
Tablets.
Tablets.
Tablets.
Tablets.
David Loines,
Director, Office of Government Contracting.
[FR Doc. 2019–27119 Filed 12–16–19; 8:45 am]
Tablets.
Tablets.
Tablets.
Tablets.
Tablets.
Tablets.
Tablets.
Tablets.
Tablets.
Tablets.
Tablets
BILLING CODE 8026–03–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Notice of Product Exclusions: China’s
Acts, Policies, and Practices Related to
Technology Transfer, Intellectual
Property, and Innovation
The SBA invites the public to
comment on this pending request to
waive the NMR for commercially
available off-the-shelf laptop and tablet
computers under NAICS code 334111
and PSC 7435. For purposes of this
waiver SBA will be using the Federal
Acquisition Regulation definition for
COTS. (FAR) 2.101 (48 U.S.C. 2.101).
SBA has already adopted the FAR
definition for COTS for purposes of the
government contracting programs. 13.
VerDate Sep<11>2014
18:15 Dec 16, 2019
Jkt 250001
Office of the United States
Trade Representative.
ACTION: Notice of amendments.
AGENCY:
Effective August 23, 2018, the
U.S. Trade Representative imposed
additional duties on goods of China
with an annual trade value of
approximately $16 billion as part of the
action in the Section 301 investigation
of China’s acts, policies, and practices
related to technology transfer,
SUMMARY:
PO 00000
Frm 00137
Fmt 4703
Sfmt 4703
69011
intellectual property, and innovation.
The U.S. Trade Representative’s
determination included a decision to
establish a product exclusion process.
The U.S. Trade Representative initiated
the exclusion process in September
2018, and stakeholders have submitted
requests for the exclusion of specific
products. In July, September and
October 2019, the U.S. Trade
Representative granted exclusion
requests. This notice makes
amendments to certain notes in the
Harmonized Tariff Schedule of the
United States (HTSUS). The U.S. Trade
Representative will continue to issue
decisions as necessary.
DATES: The amendments announced in
this notice are retroactive to the date the
original exclusions were published and
do not extend the period for the original
exclusions. U.S. Customs and Border
Protection will issue instructions on
entry guidance and implementation.
FOR FURTHER INFORMATION CONTACT: For
general questions about this notice,
contact Assistant General Counsel
Philip Butler or Director of Industrial
Goods Justin Hoffmann at (202) 395–
5725. For specific questions on customs
classification or implementation of the
product exclusions identified in the
Annex to this notice, contact
traderemedy@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
A. Background
For background on the proceedings in
this investigation, please see the prior
notices issued in the investigation,
including 82 FR 40213 (August 23,
2017), 83 FR 14906 (April 6, 2018), 83
FR 28710 (June 20, 2018), 83 FR 33608
(July 17, 2018), 83 FR 38760 (August 7,
2018), 83 FR 40823 (August 16, 2018),
83 FR 47236 (September 18, 2018), 83
FR 47974 (September 21, 2018), 83 FR
65198 (December 19, 2018), 84 FR 7966
(March 5, 2019), 84 FR 20459 (May 9,
2019), 84 FR 29576 (June 24, 2019), 84
FR 37381 (July 31, 2019), 84 FR 49600
(September 20, 2019), and 84 FR 52553
(October 2, 2019).
Effective August 23, 2018, the U.S.
Trade Representative imposed
additional 25 percent duties on goods of
China classified in 279 8-digit
subheadings of the HTSUS, with an
approximate annual trade value of $16
billion. See 83 FR 40823. The U.S.
Trade Representative’s determination
included a decision to establish a
process by which U.S. stakeholders can
request exclusion of particular products
classified within an 8-digit HTSUS
subheading covered by the $16 billion
action from the additional duties. The
U.S. Trade Representative issued a
E:\FR\FM\17DEN1.SGM
17DEN1
]]>Agencies
[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Notices]
[Pages 69010-69011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27119]
=======================================================================
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
Class Waiver of the Nonmanufacturer Rule
AGENCY: U.S. Small Business Administration.
ACTION: Notice of intent to waive the Nonmanufacturer Rule for
commercially available off-the-shelf laptop and tablet computers under
NAICS code 334111/PSC 7435.
-----------------------------------------------------------------------
SUMMARY: The U.S. Small Business Administration (SBA) is considering
granting a request for a class waiver of the Nonmanufacturer Rule (NMR)
for commercially available off-the-shelf laptop and tablet computers
under North American Industry Classification System (NAICS) code 334111
and Product Service Code (PSC 7435). This U.S. industry comprises
establishments primarily engaged in manufacturing commercially
available off-the-shelf laptop and tablet computers. According to the
request, no small business manufacturers supply this product to the
Federal government. If granted, the class waiver would allow otherwise
qualified regular dealers to supply the waived item(s), regardless of
the business size of the manufacturer, on a Federal contract set aside
for small business, service-disabled veteran-owned small business
(SDVOSB), women-owned small business (WOSB), economically disadvantaged
women-owned small business (EDWOSB), historically underutilized
business zones (HUBZone), or participants in the SBA's 8(a) Business
Development (BD) program.
DATES: Comments and source information must be submitted by January 16,
2020.
ADDRESSES: You may submit comments and source information via the
Federal Rulemaking Portal at https://www.regulations.gov. If you wish
to submit confidential business information (CBI) as defined in the
User Notice at https://www.regulations.gov, please submit the
information to Carol Hulme, Program Analyst, Office of Government
Contracting, U.S. Small Business Administration, 409 Third Street SW,
8th Floor, Washington, DC 20416. Highlight the information that you
consider to be CBI, and explain why you believe this information should
be held confidential. SBA will review the information and make a final
determination as to whether the information will be published.
FOR FURTHER INFORMATION CONTACT: Carol Hulme, Program Analyst, by
telephone at 202-205-6347; or by email at [email protected].
SUPPLEMENTARY INFORMATION: Sections 8(a)(17) and 46 of the Small
Business Act (Act), 15 U.S.C. 637(a)(17) and 657s, and SBA's
implementing regulations require that recipients of Federal supply
contracts (except those valued between $3,500 and $250,000) set aside
for small business, SDVOSB, WOSB, EDWOSB, HUBZone, or BD program
participants, provide the product of a small business manufacturer or
processor if the recipient is not the actual manufacturer or processor
of the product. This requirement is commonly referred to as the
Nonmanufacturer Rule (NMR). 13 CFR 121.406(b). Sections
8(a)(17)(B)(iv)(II) and 46(a)(4)(B) of the Act authorize SBA to waive
the NMR for a ``class of products'' for which there are no small
business manufacturers or processors available to participate in the
Federal market.
As implemented in SBA's regulations at 13 CFR 121.1202(c), 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 been awarded a contract to
supply the class of products within the last 24 months.
The SBA defines ``class of products'' based on a combination of (1)
the six-digit NAICS code, (2) the four-digit PSC, and (3) a description
of the class of products.
The SBA is currently processing a request to waive the NMR for
commercially available off-the-shelf laptop and tablet computers under
NAICS code 334111 and PSC 7435. Table 1 below identifies manufacturers
of these products that SBA is aware of:
Table 1
------------------------------------------------------------------------
Manufacturer Product
------------------------------------------------------------------------
Acer America Corp......................... Laptops.
American Sunrex Corp...................... Laptops.
Apple, Inc................................ Laptops.
Asus USA.................................. Laptops.
Clevo..................................... Laptops.
Compal Electronics........................ Laptops.
Dell Technologies Inc..................... Laptops.
Elitegroup Computer Systems............... Laptops.
Eurocom Corporation....................... Laptops.
[[Page 69011]]
Flextronics Corporation d/b/a Flex........ Laptops.
Fujitsu America Inc....................... Laptops.
Gigabyte Technology....................... Laptops.
Google, LLC............................... Laptops.
Hasee Computer Co., Ltd................... Laptops.
Hewlett-Packard Enterprise Co............. Laptops.
Hon Hai Precision Industry Co., Ltd. d/b/a Laptops.
Foxconn Technology Group.
International Business Machines d/b/a IBM. Laptops.
Inventec Corp............................. Laptops.
Lenovo Group Ltd.......................... Laptops.
LG Electronics, Inc....................... Laptops.
Microsoft Corp............................ Laptops.
NEC Corporation of America................ Laptops.
Panasonic Corp............................ Laptops.
Pegatron Corp............................. Laptops.
Positivo Tecnologia SA fka Positivo Laptops.
Informatica SA.
Quantra Computer Inc...................... Laptops.
Samsung Electronics Co. Ltd............... Laptops.
Shenzhen Daystar Connect Technology Co. Laptops.
Ltd.
Sony Corp................................. Laptops.
Toshiba International Corporation......... Laptops.
TriGem Computer Inc....................... Laptops.
Wistron Corp.............................. Laptops.
Apple Inc................................. Tablets.
Asus USA.................................. Tablets.
Dell Technologies Inc..................... Tablets.
Fujitsu America Inc....................... Tablets.
Google LLC................................ Tablets.
Hewlett-Packard Enterprise Co............. Tablets.
HTC Corp.................................. Tablets.
Huawei Investment & Holding Co. Ltd....... Tablets.
Lenovo Group Ltd.......................... Tablets.
LG Electronics Inc........................ Tablets.
Microsoft Corp............................ Tablets.
Motorola Solutions Inc.................... Tablets.
Micro-Star International Co. Ltd.......... Tablets.
NEC Corporation of America................ Tablets.
Nokia Oyj................................. Tablets.
Nvidia Corporation........................ Tablets.
Panasonic Corporation..................... Tablets.
Pegatron Corp............................. Tablets.
Quanta Computer Inc....................... Tablets.
Samsung Electronics Co. Ltd............... Tablets.
Sony Corp................................. Tablets.
Toshiba International Corp................ Tablets.
Trimble, Inc.............................. Tablets.
Xiaomi United States...................... Tablets
------------------------------------------------------------------------
The SBA invites the public to comment on this pending request to
waive the NMR for commercially available off-the-shelf laptop and
tablet computers under NAICS code 334111 and PSC 7435. For purposes of
this waiver SBA will be using the Federal Acquisition Regulation
definition for COTS. (FAR) 2.101 (48 U.S.C. 2.101). SBA has already
adopted the FAR definition for COTS for purposes of the government
contracting programs. 13. CFR 125.1. The FAR definition for COTS states
the following:
(1) Means any item or supply (including construction material)
that is--(i) A commercial item (as defined in paragraph (1) of the
definition in this section); (ii) Sold in substantial quantities in
the commercial marketplace; and (iii) Offered to the Government,
under a contract or subcontract at any tier, without modification,
in the same form in which it is sold in the commercial marketplace;
and (2) Does not include bulk cargo, as defined in 46 U.S.C.
40102(4), such as agricultural products and petroleum products.
Under the proposed language of this waiver SBA would be granting a
class waiver only for laptops and computers procured by the government
that meet that definition. Specialty laptops and computers that are
modified to meet demands of the Federal Government would not be
included in the waiver. SBA is requesting comment on the specific
nature of this waiver, specifically the SBA's use of the COTS language
in a class waiver and whether the proposed language of the waiver is
appropriate given the commercial and Government markets for computers
and laptops. The public may comment or provide source information on
any small business manufacturers of this class of products that are
available to participate in the Federal market. The public comment
period will run for 30 days after the date of publication in the
Federal Register.
More information on the NMR and class waivers can be found at
https://www.sba.gov/contracting/contracting-officials/non-manufacturer-rule/non-manufacturer-waivers.
David Loines,
Director, Office of Government Contracting.
[FR Doc. 2019-27119 Filed 12-16-19; 8:45 am]
BILLING CODE 8026-03-P
