Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations 6453

FDIC, OCC, or Federal Reserve Board;

and

(6) No person acquired control of the

insured member bank during the

preceding 12-month period in which a

full-scope on-site examination would

have been required but for this section.

(c) Authority to conduct more

frequent examinations. This section

does not limit the authority of the

Federal Reserve to examine any insured

member bank as frequently as the

agency deems necessary.

By order of the Board of Governors of the

Federal Reserve System, January 23, 1997.

William W. Wiles,

Secretary of the Board.

Federal Deposit Insurance Corporation

12 CFR CHAPTER III

Authority and Issuance

For the reasons set forth in the joint

preamble, the Board of Directors of the

FDIC amends part 337 of chapter III of

title 12 of the Code of Federal

Regulations to read as follows:

PART 337—UNSAFE AND UNSOUND

BANKING PRACTICES

1. The authority citation for part 337

is revised to read as follows:

Authority: 12 U.S.C. 375a(4), 375b, 1816,

1818(a), 1818(b), 1819, 1820(d)(10), 1821(f),

1828(j)(2), 1831f, 1831f–1.

2. A new § 337.12 is added to read as

follows:

§ 337.12 Frequency of examination.

(a) General. The Federal Deposit

Insurance Corporation examines insured

state nonmember banks pursuant to

authority conferred by section 10 of the

Federal Deposit Insurance Act (12

U.S.C. 1820). The FDIC is required to

conduct a full-scope, on-site

examination of every insured state

nonmember bank at least once during

each 12-month period.

(b) 18-month rule for certain small

institutions. The FDIC may conduct a

full-scope, on-site examination at least

once during each 18-month period,

rather than each 12-month period as

provided in paragraph (a) of this

section, if the following conditions are

satisfied:

(1) The insured state nonmember

bank has total assets of $250 million or

less;

(2) The insured state nonmember

bank is well capitalized as defined in 12

CFR 325.103(b)(1);

(3) At its most recent examination, the

FDIC found the insured state

nonmember bank to be well managed;

(4) At its most recent examination, the

FDIC determined that the insured state

nonmember bank was in outstanding or

good condition, that is, it received a

composite rating of 1 or 2 under the

Uniform Financial Institutions Rating

System (Copies are available at the

addresses specified in § 309.4 of this

chapter);

(5) The insured state nonmember

bank currently is not subject to a formal

enforcement proceeding or order by the

FDIC, OCC, or Federal Reserve Board;

and

(6) No person acquired control of the

insured state nonmember bank during

the preceding 12-month period in which

a full-scope on-site examination would

have been required but for this section.

(c) Authority to conduct more

frequent examinations. This section

does not limit the authority of the FDIC

to examine any insured state

nonmember bank as frequently as the

agency deems necessary.

By order of the Board of Directors.

Dated at Washington, DC, this 21st day of

January, 1997.

Federal Deposit Insurance Corporation.

Jerry L. Langley,

Executive Secretary.

Office of Thrift Supervision

12 CFR CHAPTER V

Authority and Issuance

For the reasons set forth in the joint

preamble, the OTS amends part 563 of

Chapter V of title 12 of the Code of

Federal Regulations as follows:

PART 563—OPERATIONS

1. The authority citation for part 563

is revised to read as follows:

Authority: 12 U.S.C. 375b, 1462, 1462a,

1463, 1464, 1467a, 1468, 1817, 1820, 1828,

3806; 42 U.S.C. 4106.

2. § 563.171 is added to read as

follows:

§ 563.171 Frequency of examination.

(a) General. The OTS examines

savings associations pursuant to

authority conferred by 12 U.S.C. 1463

and the requirements of 12 U.S.C.

1820(d). The OTS is required to conduct

a full-scope, on-site examination of

every savings association at least once

during each 12-month period.

(b) 18-month rule for certain small

institutions. The OTS may conduct a

full-scope, on-site examination at least

once during each 18-month period,

rather than each 12-month period as

provided in paragraph (a) of this

section, if the following conditions are

satisfied:

(1) The savings association has total

assets of $250 million or less;

(2) The savings association is well

capitalized as defined in 12 CFR 565.4;

(3) At its most recent examination, the

OTS found the savings association to be

well managed;

(4) At its most recent examination, the

OTS determined that the savings

association was in outstanding or good

condition, that is, it received a

composite rating of 1 or 2 under the

Uniform Financial Institutions Rating

System (Copies are available at the

addresses specified in § 516.1 of this

chapter);

(5) The savings association currently

is not subject to a formal enforcement

proceeding or order; and

(6) No person acquired control of the

savings association during the preceding

12-month period in which a full-scope

on-site examination would have been

required but for this section.

(c) Authority to conduct more

frequent examinations. This section

does not limit the authority of the OTS

to examine any savings association as

frequently as the agency deems

necessary.

Dated: November 20, 1996.

By the Office of Thrift Supervision.

Nicolas P. Retsinas,

Director.

[FR Doc. 97–3460 Filed 2–11–97; 8:45 am]

BILLING CODES 4810–33–P 6210–01–P 6714–01–P 6720–

01–P

SMALL BUSINESS ADMINISTRATION

13 CFR Part 121

Small Business Size Standards;

Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Waiver of the Nonmanufacturer

Rule for Airborne Integrated Data

Components (master units, remote units,

bus monitors, analog multiplexers,

convolutional encoders, digital

multiplexers, signal conditioners, time

code readers).

SUMMARY: This document advises the

public that the Small Business

Administration (SBA) is establishing a

waiver of the Nonmanufacturer Rule for

Airborne Integrated Data Components.

The basis for a waiver is that no small

business manufacturers are available to

participate in the Federal market for

these products. The effect of a waiver

will allow otherwise qualified

nonmanufacturers to supply the

products of any domestic manufacturer

on a Federal contract set-aside for small

businesses or awarded through the SBA

8(a) Program.

EFFECTIVE DATE: February 12, 1997.
6454 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Rules and Regulations

ADDRESSES: David Wm. Loines,

Procurement Analyst, U.S. Small

Business Administration, 409 3rd Street

S.W., Washington, DC 20416, Tel: (202)

205–6475.

FOR FURTHER INFORMATION CONTACT:

David Wm. Loines, Procurement

Analyst, (202) 205–6475, FAX (202)

205–7324.

SUPPLEMENTARY INFORMATION: Public law

100–656, enacted on November 15,

1988, incorporated into the Small

Business Act the previously existing

regulation that recipients of Federal

contracts set-aside for small businesses

or the SBA 8(a) Program procurement

must provide the product of a small

business manufacturer or processor if

the recipient is other than the actual

manufacturer or processor. 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

303(h) of the law provides for waiver of

this requirement by SBA for any ‘‘class

of products’’ for which there are no

small business manufacturers or

processors in the Federal market. To be

considered available to participate in

the Federal market on these classes 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

two coding systems. The first is the

Office of Management and Budget

Standard Industrial Classification

Manual. The second is the Product and

Service Code (PSC) established by the

Federal Procurement Data System.

The SBA was asked to issue a waiver

for Airborne Integrated Data

Components because of an apparent

lack of any small business

manufacturers or processors for them

within the Federal market. The SBA

searched its Procurement Automated

Source System (PASS) for small

business participants and found none.

We then published a document in the

Federal Register on December 13, 1996

(61 FR 65492), of our intent to grant a

waiver for these classes of products

unless new information was found. The

proposed waiver covered Airborne

Integrated Data Components. The

document described the legal provisions

for a waiver, how SBA defines the

market, and asked for small business

participants of these classes of products.

After the 15-day comment period, no

small businesses were identified for

Airborne Integrated Data Components.

This waiver is being granted pursuant to

statutory authority under section 303(h)

of Public Law 100–656 for Airborne

Integrated Data Components. The

waiver will last indefinitely but is

subject to both an annual review and a

review upon receipt of information that

the conditions required for a waiver no

longer exist. If such information is

found, the waiver may be terminated.

Judith A. Roussel,

Associate Administrator for Government

Contracting.

[FR Doc. 97–3456 Filed 2–11–97; 8:45 am]

BILLING CODE 8025–01–P

13 CFR Part 121

Small Business Size Standards;

Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Waiver of the Nonmanufacturer

Rule for Routers and Switches.

SUMMARY: This document advises the

public that the Small Business

Administration (SBA) is establishing a

waiver of the Nonmanufacturer Rule for

Routers and Switches. The basis for a

waiver is that no small business

manufacturers are available to

participate in the Federal market for

these products. The effect of a waiver

will allow otherwise qualified

nonmanufacturers to supply the

products of any domestic manufacturer

on a Federal contract set-aside for small

businesses or awarded through the SBA

8(a) Program.

EFFECTIVE DATE: February 12, 1997.

ADDRESSES: David Wm. Loines,

Procurement Analyst, U.S. Small

Business Administration, 409 3rd Street

SW, Washington, DC 20416, Tel: (202)

205–6475.

FOR FURTHER INFORMATION CONTACT:

David Wm. Loines, Procurement

Analyst, (202) 205–6475, FAX (202)

205–7324.

SUPPLEMENTARY INFORMATION: Public

Law 100–656, enacted on November 15,

1988, incorporated into the Small

Business Act the previously existing

regulation that recipients of Federal

contracts set-aside for small businesses

or the SBA 8(a) Program procurement

must provide the product of a small

business manufacturer or processor if

the recipient is other than the actual

manufacturer or processor. 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

303(h) of the law provides for waiver of

this requirement by SBA for any ‘‘class

of products’’ for which there are no

small business manufacturers or

processors in the Federal market. To be

considered available to participate in

the Federal market on these classes 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

two coding systems. The first is the

Office of Management and Budget

Standard Industrial Classification

Manual. The second is the Product and

Service Code (PSC) established by the

Federal Procurement Data System.

The SBA was asked to issue a waiver

for Routers and Switches because of an

apparent lack of any small business

manufacturers or processors for them

within the Federal market. The SBA

searched its Procurement Automated

Source System (PASS) for small

business participants and found none.

We then published a document in the

Federal Register on November 22, 1996

(61 FR 59382), of our intent to grant a

waiver for these classes of products

unless new information was found. The

proposed waiver covered Routers and

Switches. The document described the

legal provisions for a waiver, how SBA

defines the market, and asked for small

business participants of these classes of

products. After the 15-day comment

period, no small businesses were

identified for Routers and Switches.

This waiver is being granted pursuant to

statutory authority under section 303(h)

of Public Law 100–656 for Routers and

Switches. The waiver will last

indefinitely but is subject to both an

annual review and a review upon

receipt of information that the

conditions required for a waiver no

longer exist. If such information is

found, the waiver may be terminated.

Judith A. Roussel,

Associate Administrator for Government

Contracting.

[FR Doc. 97–3458 Filed 2–11–97; 8:45 am]

BILLING CODE 8025–01–P