70496 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Notices 

19 In approving this proposal, the Commission has 

considered its impact on efficiency, competition, 

and capital formation. 15 U.S.C. 78c(f).

20 15 U.S.C. 78f(b)(5).

21Telephone conversation between Richard 

Rudolph, Director and Counsel, Phlx, and Kim 

Allen, Attorney, Division, Commission, on 

November 23, 2004.

22 15 U.S.C. 78s(b)(2).

23 15 U.S.C. 78s(b)(2).

24 17 CFR 200.30–3(a)(12).

applicable to a national securities 

exchange.19 In particular, the 

Commission finds that the proposed 

rule change is consistent with Section 

6(b)(5) of the Act, which requires that 

the rules of an exchange be designed to 

promote just and equitable principles of 

trade, remove impediments to and 

perfect the mechanism of a free and 

open market and a national securities 

system, and to protect investors and the 

public interest.20

The Commission believes that the 

extension of the pilot should assist 

specialists in maintaining fair and 

orderly markets during periods of peak 

market activity. The Commission 

believes that an extension of the pilot 

program through April 30, 2005 should 

allow the Exchange to continue its 

efforts to deploy its fully automated 

Phlx XL system. Moreover, according to 

the Phlx, no complaints from customers, 

floor traders, or member firms have been 

received during the entire period of the 

pilot program.21

Accordingly, the Commission finds 

good cause, pursuant to Section 19(b)(2) 

of the Act,22 for approving the proposed 

rule change prior to the thirtieth day 

after the date of publication of notice 

thereof in the Federal Register. The 

Commission believes that granting 

accelerated approval to extend the pilot 

program through April 30, 2005 raises 

no new issues of regulatory concern and 

should allow Phlx to continue, without 

interruption, the existing operation of 

its AUTO–X system.

V. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,23 that the 

proposed rule change (SR–Phlx–2004–

71) is hereby approved on an 

accelerated basis, as a pilot, scheduled 

to expire on April 30, 2005.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.24

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. E4–3470 Filed 12–3–04; 8:45 am] 

BILLING CODE 8010–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3635] 

State of Florida; Amendment #4 

In accordance with a notice received 

from the Department of Homeland 

Security—Federal Emergency 

Management Agency—effective 

November 17, 2004, the above 

numbered declaration is hereby 

amended to establish the incident 

period for this disaster as beginning 

September 24, 2004, and continuing 

through November 17, 2004. 

All other information remains the 

same, i.e., the deadline for filing 

applications for physical damage is 

January 3, 2005 and for economic injury 

the deadline is June 27, 2005.

(Catalog of Federal Domestic Assistance 

Program Nos. 59002 and 59008)

Dated: November 29, 2004. 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance.

[FR Doc. 04–26757 Filed 12–3–04; 8:45 am] 

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #3627] 

State of Florida; Amendment #4

In accordance with a notice received 

from the Department of Homeland 

Security—Federal Emergency 

Management Agency—effective 

November 17, 2004, the above 

numbered declaration is hereby 

amended to establish the incident 

period for this disaster as beginning 

September 13, 2004, and continuing 

through November 17, 2004. 

All other information remains the 

same, i.e., the deadline for filing 

applications for physical damage is 

January 3, 2005 and for economic injury 

the deadline is June 16, 2005.

(Catalog of Federal Domestic Assistance 

Program Nos. 59002 and 59008)

Dated: November 29, 2004. 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance.

[FR Doc. 04–26758 Filed 12–3–04; 8:45 am] 

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #P068] 

State of Tennessee Amendment #1 

In accordance with notices received 

from the Department of Homeland 

Security—Federal Emergency 

Management Agency, effective October 

22 and November 10, 2004, the above 

numbered Public Assistance declaration 

is hereby amended to include Giles and 

Unicoi Counties in the State of 

Tennessee as disaster areas due to 

damages caused by severe storms and 

flooding occurring on September 16–20, 

2004. 

All other information remains the 

same, i.e., the deadline for filing 

applications for physical damage is 

December 6, 2004.

(Catalog of Federal Domestic Assistance 

Program Nos. 59008)

Dated: November 30, 2004. 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance.

[FR Doc. 04–26759 Filed 12–3–04; 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 Adhesives 

and Sealants Manufacturing. 

SUMMARY: The U. S. Small Business 

Administration (SBA) is considering 

granting a waiver of the 

Nonmanufacturer Rule for Adhesives 

and Sealants Manufacturing. The basis 

for waivers is that no small business 

manufacturers are supplying these 

classes of products to the Federal 

government. The effect of a waiver 

would be to allow otherwise qualified 

regular dealers to supply the products of 

any domestic manufacturer on a Federal 

contract set aside for small businesses, 

service-disabled veteran-owned small 

businesses; SBA’s Very Small Business 

Program or awarded through the SBA’s 

8(a) Business Development Program.

DATES: Comments and sources must be 

submitted on or before December 17, 

2004.

FOR FURTHER INFORMATION CONTACT:

Edith Butler, Program Analyst, by 

telephone at (202) 619–0422; by FAX at 

(202) 205–7280; or by email at 

edith.butler@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, SBA’s 

Very Small Business Program or 

awarded through the SBA’s 8(a) 

Business Development Program provide 

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Notices 70497

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. The SBA regulations imposing 

this requirement are found at 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. 

As implemented in SBA’s regulations 

at 13 CFR 121.1204, 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. The SBA 

defines ‘‘class of products’’ based on six 

digit coding systems. The first coding 

system is the Office of Management and 

Budget North American Industry 

Classification System (NAICS). The 

second is the Product and Service Code 

established by the Federal Procurement 

Data System. 

The SBA received a request on 

November 2, 2004 to waive the 

Nonmanufacturer Rule for Adhesives 

and Sealants Manufacturing. In 

response, SBA is currently processing a 

request to waive the Nonmanufacturer 

Rule for Adhesives and Sealants 

Manufacturing, North American 

Industry Classification System (NAICS) 

325520. 

The public is invited to comment or 

provide source information to SBA on 

the proposed waiver of the 

nonmanufacturer rule for this NAICS 

code.

Authority: 15 U.S.C. 637(a)(17).

Dated: November 29, 2004. 

Emily Murphy, 

Acting Associate Administrator for 

Government Contracting.

[FR Doc. 04–26754 Filed 12–3–04; 8:45 am] 

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

Small Business Size Standards: 

Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Notice of termination of waiver 

of the Nonmanufacturer Rule for Small 

Arms Ammunition Manufacturing. 

SUMMARY: The U. S. Small Business 

Administration (SBA) is terminating the 

waiver of the Nonmanufacturer Rule for 

Small Arms Ammunition 

Manufacturing based on our recent 

discovery of a small business 

manufacturer for this class of products. 

Terminating this waiver will require 

recipients of contracts set aside for 

small businesses, service-disabled 

veteran-owned small businesses, SBA’s 

Very Small Business Program or 8(a) 

businesses to provide the products of 

small business manufacturers or process 

on such contracts.

DATES: This termination of waiver is 

effective on December 21, 2004.

FOR FURTHER INFORMATI0N CONTACT:

Edith Butler, Program Analyst, by 

telephone at (202) 619–0422; by Fax at 

(202) 481–1788; or by e-mail at 

edith.butler@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, SBA’s 

Very Small Business Program or SBA’s 

8(a) Business Development 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. 

The SBA regulations imposing this 

requirement are found at 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. 

As implemented in SBA’s regulations 

at 13 CFR 121.1204, 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. The SBA 

defines ‘‘class of products’’ based on six 

digit coding systems. The first coding 

system is the Office of Management and 

Budget North American Industry 

Classification System (NAICS). The 

second is the Product and Service Code 

established by the Federal Procurement 

Data System. 

The SBA received a request on 

September 7, 2004 to waive the 

Nonmanufacturer Rule for Small Arms 

Ammunition Manufacturing. 

In response, SBA published notices in 

the Federal Register on October 18, 

2004 and FedBizOpps on October 14, 

2004 of intent to the waiver of the 

Nonmanufacturer Rule for Small Arms 

Ammunition Manufacturing. In 

responses to these notices, SBA 

discovered the existence of a small 

business manufacturer of that class of 

products. Accordingly, based on the 

available information, SBA has 

determined that there is a small 

business manufacturer of this class of 

products, and is therefore terminating 

the class waiver of the Nonmanufacturer 

Rule for Small Arms Ammunition 

Manufacturing, NAICS 332992.

Authority: 15 U.S.C. 637(a)(17).

Dated: November 29, 2004. 

Emily Murphy, 

Acting Associate Administrator for 

Government Contracting.

[FR Doc. 04–26755 Filed 12–3–04; 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 Petroleum 

and Coal Products Manufacturing. 

SUMMARY: The U.S. Small Business 

Administration (SBA) is considering 

granting a waiver of the 

Nonmanufacturer Rule for Petroleum 

and Coal Products Manufacturing. The 

basis for waivers is that no small 

business manufacturers are supplying 

these classes of products to the Federal 

government. The effect of a waiver 

would be to allow otherwise qualified 

regular dealers to supply the products of 

any domestic manufacturer on a Federal 

contract set aside for small businesses, 

service-disabled veteran-owned small 

businesses; SBA’s Very Small Business 

Program or awarded through the SBA’s 

8(a) Business Development Program.

DATES: Comments and sources must be 

submitted on or before December 17, 

2004.

FOR FURTHER INFORMATI0N CONTACT:

Edith Butler, Program Analyst, by 

telephone at (202) 619–0422; by FAX at 

(202) 205–7280; or by email at 

edith.butler@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, SBA’s 

Very Small Business Program or 

awarded through the SBA’s 8(a) 

Business Development Program provide 

the product of a small business