Class Waiver of the Nonmanufacturer Rule, 2801-2802 [2020-00454]

Download as PDF Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. 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 80 and Rule 19b– 4(f)(6) thereunder.81 A proposed rule change filed pursuant to Rule 19b–4(f)(6) under the Act 82 normally does not become operative for 30 days after the date of its filing. However, Rule 19b–4(f)(6)(iii) 83 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has requested that the Commission waive the 30-day operative delay so that the proposed rule change may become effective and operative immediately upon filing. According to the Exchange, the proposal is part of a larger effort to create uniform rules relating to registration, qualification examinations and continuing education of associated persons of Members among the Exchange and its affiliates, MIAX and MIAX Emerald, LLC. For this reason, the Commission believes that waiver of the 30-day operative delay is consistent with the protection of investors and the public interest. Accordingly, the Commission hereby waives the operative delay and designates the proposed rule change operative upon filing.84 At any time within 60 days of the filing of the proposed rule change, the Commission summarily may 80 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 give the Commission 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 satisfied this requirement. 82 17 CFR 240.19b–4(f)(6). 83 17 CFR 240.19b–4(f)(6)(iii). 84 For purposes only of waiving the 30-day operative delay, the Commission also has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). khammond on DSKJM1Z7X2PROD with NOTICES 81 17 VerDate Sep<11>2014 17:49 Jan 15, 2020 Jkt 250001 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 email to rule-comments@ sec.gov. Please include File Number SR– PEARL–2020–01 on the subject line. Paper Comments • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549–1090. All submissions should refer to File Number SR–PEARL–2020–01. 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 the 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 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 2801 submit only information that you wish to make available publicly. All submissions should refer to File Number SR–PEARL–2020–01, and should be submitted on or before February 6,2020. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.85 J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2020–00589 Filed 1–15–20; 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 recreational and gymnastic equipment consisting of manufactured kettlebells, rubber machine balls, Olympic weight plates, stretch bands, and spring collars under North American Industry Classification System Code (NAICS) 339920 and Product Service Code (PSC) 7830. This class waiver would exclude apparel and footwear. AGENCY: The U.S. Small Business Administration (SBA) is considering granting a request for a class waiver of the Nonmanufacturer Rule (NMR) manufactured kettlebells, rubber machine balls, Olympic weight plates, stretch bands, and spring collars under NAICS code 339920/PSC 7830. This industry comprises establishments primarily engaged in manufacturing sporting and athletic goods (except apparel and footwear) and the PSC is for Recreational and Gymnastic Equipment. According to the class waiver request, no small business manufacturer can supply the identified products 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, servicedisabled 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. SUMMARY: 85 17 E:\FR\FM\16JAN1.SGM CFR 200.30–3(a)(12). 16JAN1 2802 Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices Comments and source information must be submitted by February 18, 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 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, found at 13 CFR 121.406, 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, BD program participants, provide the product of a small business manufacturer or processor if the recipient of the set-aside 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 invites the public to comment on this pending request to waive the NMR for the following items: Manufactured kettlebells, rubber machine balls, Olympic weight plates, khammond on DSKJM1Z7X2PROD with NOTICES DATES: VerDate Sep<11>2014 17:49 Jan 15, 2020 Jkt 250001 stretch bands, and spring collars. 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. David Loines, Director, Office of Government Contracting. [FR Doc. 2020–00454 Filed 1–15–20; 8:45 am] BILLING CODE P DEPARTMENT OF STATE [Public Notice: 11002] Bureau of Political-Military Affairs; Rescission of Statutory Debarment of Jami Siraj Choudhury, David Michael Janowski II, Netria Corporation, Jonathan Robert Reynolds, and State Metal Industries, Inc. Under the International Traffic in Arms Regulations Notice is hereby given that the Department of State has rescinded the statutory debarments of Jami Siraj Choudhury included in Federal Register notice of April 2, 2004, David Michael Janowski II included in Federal Register notice of August 25, 2009, Netria Corporation included in Federal Register notice of April 25, 2018, Jonathan Robert Reynolds included in Federal Register notice of September 3, 2003, and State Metal Industries, Inc. included in Federal Register notice of June 20, 2007. The aforementioned parties are hereinafter individually and collectively referred to as ‘‘the Parties.’’ DATES: This recission is effective on January 16, 2020. FOR FURTHER INFORMATION CONTACT: Jae Shin, Director, Office of Defense Trade Controls Compliance, Bureau of Political-Military Affairs, Department of State (202) 632–2107. SUPPLEMENTARY INFORMATION: Section 38(g)(4) of the Arms Export Control Act (AECA), 22 U.S.C. 2778(g)(4), prohibits the issuance of licenses or other approvals for the export of defense articles or defense services where the applicant, or any party to the export, has been convicted of violating the AECA and certain other U.S. criminal statues enumerated in § 38(g)(1) of the AECA. In addition, § 127.7(b) of the International Traffic in Arms Regulations (ITAR) provides for the statutory debarment of SUMMARY: PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 any person who has been convicted of violating or conspiring to violate the AECA. As stated in this provision, it is the policy of the Department not to consider applications for licenses or requests for approvals involving any person who has been statutorily debarred. Persons subject to statutory debarment are prohibited from participating directly or indirectly in any activities that are subject to the ITAR. Each of the Parties pleaded guilty to violating the AECA, and the Department notified the public of the respective Parties’ statutory debarments imposed pursuant to ITAR § 127.7(c) via notices in the Federal Register. The notices provided that the Parties were ‘‘prohibited from participating directly or indirectly in the export of defense articles, including technical data, or in the furnishing of defense services for which a license or other approval is required.’’ In accordance with ITAR § 127.7(b), reinstatement may only be approved after submission of a request by the debarred party. In response to such a request from the Parties for reinstatement, the Department has conducted a thorough review of the circumstances surrounding each of the Parties’ convictions, and has determined that the Parties have individually taken appropriate steps to address the causes of the violations sufficient to warrant rescission of their respective notice of statutory debarment. Therefore, pursuant to ITAR § 127.7(b), the Department determines it is no longer in the national security and foreign policy interests of the United States to maintain the policy as applied to the Parties, and the Department hereby rescinds the notice of the Parties’ statutory debarment. The Department notes that the Federal Register notice of debarment for each of the Parties stated that ‘‘export privileges may be reinstated only at the request of the debarred person followed by the necessary interagency consultations, after a thorough review of the circumstances surrounding the conviction, and a finding that appropriate steps have been taken to mitigate any law enforcement concerns, as required by § 38(g)(4) of the AECA. Unless export privileges are reinstated, however, the person remains debarred.’’ (See respective FRN). The Department is no longer requiring that export privileges be reinstated pursuant to ITAR § 127.11 and § 38(g)(4) of the AECA prior to the rescission of statutory debarment. This change in policy recognizes that the circumstances warranting statutory debarment may be E:\FR\FM\16JAN1.SGM 16JAN1

Agencies

SMALL BUSINESS ADMINISTRATION

[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2801-2802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00454]


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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 
recreational and gymnastic equipment consisting of manufactured 
kettlebells, rubber machine balls, Olympic weight plates, stretch 
bands, and spring collars under North American Industry Classification 
System Code (NAICS) 339920 and Product Service Code (PSC) 7830. This 
class waiver would exclude apparel and footwear.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a request for a class waiver of the Nonmanufacturer Rule (NMR) 
manufactured kettlebells, rubber machine balls, Olympic weight plates, 
stretch bands, and spring collars under NAICS code 339920/PSC 7830. 
This industry comprises establishments primarily engaged in 
manufacturing sporting and athletic goods (except apparel and footwear) 
and the PSC is for Recreational and Gymnastic Equipment.
    According to the class waiver request, no small business 
manufacturer can supply the identified products 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.

[[Page 2802]]


DATES: Comments and source information must be submitted by February 
18, 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, found at 13 CFR 121.406, 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, BD program participants, provide the product of a small 
business manufacturer or processor if the recipient of the set-aside 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 invites the public to comment on this pending request to 
waive the NMR for the following items: Manufactured kettlebells, rubber 
machine balls, Olympic weight plates, stretch bands, and spring 
collars. 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. 2020-00454 Filed 1-15-20; 8:45 am]
BILLING CODE P

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