Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38675 

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. 

A class of products is defined based 

on the Office of Management and 

Budget’s NAICS codes and the General 

Services Administration’s Product and 

Service Code Directory. Within each sixdigit NAICS code are subdivisions of 

products that can be considered for 

waiver. A request for a waiver of a class 

of products should refer to a specific 

subdivision, or statement of product, 

within a six-digit code in one of these 

manuals. A waiver of the 

Nonmanufacturer Rule does not waive 

the entire class of products under a 

specific NAICS code. The class waiver 

waives specific products within a 

subdivision within a NAICS code. 

Any individual or organization 

(government agency, business, 

association, etc.) may request a waiver 

for a class of products. The request 

should be in writing, addressed to the 

Director for Government Contracting 

and should specifically state the class 

(or classes) of products for which the 

waiver is sought. 

SBA is proposing to a retraction of the 

class waiver from the non-manufacturer 

rule for PSC 9130 (Liquid Propellants— 

Petroleum Base) under NAICS code 

324110. The waiver from the nonmanufacturer rule for PSC 9130 is being 

retracted based on information SBA 

received from the Defense Logistics 

Agency, Defense Energy Support Center 

(DESC), Fort Belvoir, VA. SBA’s Federal 

Register Notice of Intent to grant a 

waiver of the Non-Manufacturer Rule 

for (PSC) 9130 (Liquid Propellants— 

Petroleum Base) was published on May 

11, 2009. SBA finalized the waiver on 

June 8, 2009 (74 FR 27202). DESC was 

not aware of the notice until after the 

closing date for submission of 

comments. They have awarded prime 

contracts to, or received offers from, 

multiple small business refiners within 

the past 24 months. 

Thus the SBA is proposing a 

retraction of the class waiver from the 

non-manufacturer rule for PSC 9130 

(Liquid Propellants—Petroleum Base) 

under NAICS code 324110. 

The public is invited to provide 

comments to SBA on the proposed 

retraction of the waiver within 15 days 

after date of publication in the Federal 

Register. 

Authority: 15 U.S.C. 634. 

Jim Gambardella, 

(A) Director for Government Contracting. 

[FR Doc. E9–18584 Filed 8–3–09; 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 terminate the 

Nonmanufacturer Rule for radio 

telephones, (Radio and Television 

Broadcasting and Wireless 

Communications Equipment 

Manufacturing) Product Service Code 

(PSC) 5805 under North American 

Industry Classification System 334220. 

SUMMARY: The U.S. Small Business 

Administration (SBA) intends to 

terminate a waiver of the 

Nonmanufacturer Rule for radio 

telephones based on SBA’s recent 

discovery of a small business 

manufacturer. Terminating this waiver 

will require recipients of contracts set 

aside for small businesses, servicedisabled veteran-owned small 

businesses, or Participants in SBA’s 8(a) 

Business Development (BD) Program to 

provide the products of small business 

manufacturers or processors on such 

contracts. 

DATES: Comments and source 

information must be submitted August 

19, 2009. 

ADDRESSES: You may submit comments 

and source information to Edith G. 

Butler, Program Analyst, Small Business 

Administration, Office of Government 

Contracting, 409 3rd Street, SW., Suite 

8800, Washington, DC 20416. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Edith G. Butler, 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), 

and 15 U.S.C. 637(a)(17), and SBA’s 

implementing regulations require that 

recipients of Federal contracts set aside 

for small businesses, service-disabled 

veteran-owned small businesses, or 

Participants in the SBA’s 8(a) BD 

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. 13 CFR 121.406(b), 125.15(c). 

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. 

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 the NAICS. In addition, SBA 

uses PSCs to identify particular 

products within the NAICS code to 

which a waiver would apply. 

SBA announced its decision to grant 

the waiver for radio telephones, in the 

Federal Register on July 20, 1998 63 FR 

38742. SBA recently became aware of 

the existence of a small business 

manufacturer for this item. For this 

reason, SBA intends to terminate the 

waiver previously granted for radio 

telephones, identified under PSC 5805, 

and NAICS code 334220. 

The public is invited to comment to 

SBA on the proposed termination of the 

waiver of the Nonmanufacturer Rule for 

this class of product specified. All 

comments by the public will be duly 

considered by SBA in determining 

whether to finalize its intent to 

terminate this class of product. 

Dated: July 29, 2009. 

James A. Gambardella, 

Acting Director, Office of Government 

Contracting. 

[FR Doc. E9–18590 Filed 8–3–09; 8:45 am] 

BILLING CODE 8025–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Form 11–K; OMB Control No. 3235–0082; 

SEC File No. 270–101. 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission 

(‘‘Commission’’) has submitted to the 

Office of Management and Budget a 

request for extension of the previously 

approved collection of information 

discussed below. 

Form 11–K (17 CFR 249.311) is the 

annual report designed for use by 

employee stock purchase, savings and 

similar plans to comply with the 

reporting requirements under Section 

15(d) of the Securities Exchange Act of 

1934 (the ‘‘Exchange Act’’) (15 U.S.C. 

78o(d)). Section 15(d) establishes a 

periodic reporting obligation for every 

mstockstill on DSKH9S0YB1PROD with NOTICES

38676 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 

issuer of a class of securities registered 

under the Securities Act of 1933 (the 

‘‘Securities Act’’) (15 U.S.C. 77a et seq.). 

Form 11–K provides employees of an 

issuer with financial information so that 

they can assess the performance of the 

investment vehicle or stock plan. Form 

11–K is filed on occasion. The 

information collected must be filed with 

the Commission and is publicly 

available. Form 11–K takes 

approximately 30 burden hours per 

response and is filed by 2,000 

respondents for a total of 60,000 burden 

hours. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid 

control number. 

Written comments regarding the 

above information should be directed to 

the following persons: (i) Desk Officer 

for the Securities and Exchange 

Commission, Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, Room 10102, 

New Executive Office Building, 

Washington, DC 20503 or send an 

e-mail to 

Shagufta_Ahmed@omb.eop.gov; and (ii) 

Charles Boucher, Director/CIO, 

Securities and Exchange Commission, 

C/O Shirley Martinson 6432 General 

Green Way, Alexandria, Virginia 22312; 

or send an e-mail to: 

PRA_Mailbox@sec.gov. Comments must 

be submitted to OMB within 30 days of 

this notice. 

Dated: July 29, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–18559 Filed 8–3–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Extension of Existing 

Collection; Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Rule 204, OMB Control No. 3235–0647, 

SEC File No. 270–586. 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission 

(‘‘Commission’’) is soliciting comments 

on the collection of information 

summarized below. The Commission 

plans to submit this existing collection 

of information to the Office of 

Management and Budget for extension 

and approval. 

Rule 204 (17 CFR 242.204) under the 

Securities Exchange Act of 1934 (15 

U.S.C. 78a et seq.) requires that, subject 

to certain limited exceptions, if a 

participant of a registered clearing 

agency has a fail to deliver position at 

a registered clearing agency it must 

immediately close out the fail to deliver 

position by purchasing or borrowing 

securities by no later than the beginning 

of regular trading hours on the 

settlement day following the day the 

participant incurred the fail to deliver 

position. Rule 204 is intended to help 

further the Commission’s goal of 

reducing fails to deliver by maintaining 

the reductions in fails to deliver 

achieved by the adoption of temporary 

Rule 204T, as well as other actions 

taken by the Commission. In addition, 

Rule 204 is intended to help further the 

Commission’s goal of addressing 

abusive ‘‘naked’’ short selling in all 

equity securities. 

Several provisions under Rule 204 

will impose a ‘‘collection of 

information’’ within the meaning of the 

Paperwork Reduction Act. 

I. Allocation Notification 

Requirement: It is estimated that the 

active broker-dealer respondents 

registered with the Commission incur 

an aggregate burden of 394,626 hours 

per year to comply with this provision 

of Rule 204. 

II. Demonstration Requirement for 

Fails to Deliver on Long Sales: It is 

estimated that the active broker-dealer 

respondents registered with the 

Commission incur an aggregate burden 

of 270,063 hours per year to comply 

with this provision of Rule 204. 

III. Pre-Borrow Notification 

Requirement: It is estimated that the 

active broker-dealer respondents 

registered with the Commission incur 

an aggregate burden of 397,152 hours 

per year to comply with this provision 

of Rule 204. 

IV. Certification Requirement: It is 

estimated that the active broker-dealer 

respondents registered with the 

Commission incur an aggregate burden 

of 394,626 hours per year to comply 

with this provision of Rule 204. 

V. Pre-Fail Credit Demonstration 

Requirement: It is estimated that the 

active broker-dealer respondents 

registered with the Commission incur 

an aggregate burden of 394,626 hours 

per year to comply with this provision 

of Rule 204. 

Written comments are invited on: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information will have practical utility; 

(b) the accuracy of the Commission’s 

estimate of the burden of the proposed 

collection of information; (c) ways to 

enhance the quality, utility, and clarity 

of the information to be collected; and 

(d) ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

Consideration will be given to 

comments and suggestions submitted in 

writing within 60 days of this 

publication. 

Comments should be directed to 

Charles Boucher, Director/Chief 

Information Officer, Securities and 

Exchange Commission, c/o Shirley 

Martinson, 6432 General Green Way, 

Alexandria, Virginia 22312 or send an email to: PRA_Mailbox@sec.gov. 

Dated: July 29, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–18560 Filed 8–3–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[ File No. 500–1] 

In the Matter of Gulf Alternative Energy 

Corporation; Order of Suspension of 

Trading 

July 31, 2009. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Gulf 

Alternative Energy Corporation (trading 

symbol: GAEC) because of questions 

regarding the accuracy and adequacy of 

information contained in press releases 

and on its website regarding the quality 

of the company’s technology and the 

company’s business prospects and 

agreements. 

The Commission is of the opinion that 

the public interest and the protection of 

the investors require a suspension of 

trading in the securities of Gulf 

Alternative Energy Corporation. 

Therefore, it is ordered, pursuant to 

Section 12(k) of the Securities Exchange 

Act of 1934, that trading in the 

securities of the above-listed company is 

suspended for the period from 9:30 a.m. 

EDT, July 31, 2009, through 11:59 p.m. 

EDT, on August 13, 2009. 

mstockstill on DSKH9S0YB1PROD with NOTICES