75102 Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Notices 

9 17 CFR 200.30–3(a)(12).

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 (http://www.sec.gov/

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–NASD–2004–168 on the 

subject line. 

Paper comments 

• Send paper comments in triplicate 

to Jonathan G. Katz, Secretary, 

Securities and Exchange Commission, 

450 Fifth Street, NW., Washington, DC 

20549–0609. 

All submissions should refer to File 

Number SR–NASD–2004–168. 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 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://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 inspection and copying in 

the Commission’s Public Reference 

Section, 450 Fifth Street, NW., 

Washington, DC 20549. Copies of such 

filing also will be available for 

inspection and copying at the principal 

office of the NASD. 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–NASD–2004–168 and 

should be submitted on or before 

January 5, 2005.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.9

J. Lynn Taylor, 

Assistant Secretary.

[FR Doc. E4–3650 Filed 12–14–04; 8:45 am] 

BILLING CODE 8010–01–P

SMALL BUSINESS ADMINISTRATION

Small Business Size Standards: 

Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business 

Administration.

ACTION: Notice to waive the 

nonmanufacturer rule for general 

aviation turboprop aircraft with six or 

more passenger seats. 

SUMMARY: The U. S. Small Business 

Administration (SBA) is granting a 

waiver of the Nonmanufacturer Rule for 

General Aviation Turboprop Aircraft 

With Six Or More Passenger Seats. 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 8(a) businesses to provide 

the products of small business 

manufacturers or processors on such 

contracts.

DATE: This waiver is effective December 

30, 2004.

FOR FURTHER INFORMATION 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 8(a) 

businesses to provide the products of 

small business manufacturers 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 General 

Aviation Turboprop Aircraft With Six 

Or More Passenger Seats. In response, 

on October 18, 2004, SBA published in 

the Federal Register, and October 19, 

2004 in FedBizOpps notices of intent to 

the waiver of the Nonmanufacturer Rule 

for General Aviation Turboprop Aircraft 

With Six Or More Passenger Seats. 

In response to theses notices, 

comments were received from interested 

parties. SBA has determined from these 

sources that there are no small business 

manufacturers of this class of product, 

and is therefore granting the waiver of 

Nonmanufacturer Rule for General 

Aviation Turboprop Aircraft With Six 

Or More Passenger Seats NAICS 336411.

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

Emily Murphy, 

Acting Associate Administrator for 

Government Contracting.

[FR Doc. 04–27424 Filed 12–14–04; 8:45 am] 

BILLING CODE 8025–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

Notice of Intent To Rule on Request To 

Release Airport Property at Nick 

Wilson Field, Pocahontas, AR

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of request to release 

airport property. 

SUMMARY: The FAA proposes to rule and 

invites public comment on the release of 

land at Nick Wilson Field under the 

provisions of title 49 United States 

Code, section 47153.

DATES: Comments must be received on 

or before January 14, 2005.