Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Notices 11397 

9 15 U.S.C. 78s(b)(3)(A)(iii). 

10 17 CFR 240.19b–4(f)(6). 

11 15 U.S.C. 78s(b)(3)(A). 

12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires the Exchange to give the 

Commission written notice of the Exchange’s 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 the pre-filing requirement. 13 17 CFR 200.30–3(a)(12). 

Exchange officer can adjust or nullify a 

transaction under the authority granted 

by this new provision only if the 

transaction meets the objective criteria 

for an obvious error under NYSE Arca 

rules. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will impose 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The Exchange has filed the proposed 

rule change pursuant to Section 

19(b)(3)(A)(iii) of the Act 9 and Rule 

19b–4(f)(6) thereunder.10 Because the 

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 

prior to 30 days from the date on which 

it was filed, or such shorter time as the 

Commission may designate, if 

consistent with the protection of 

investors and the public interest, the 

proposed rule change has become 

effective pursuant to Section 19(b)(3)(A) 

of the Act 11 and Rule 19b–4(f)(6)(iii) 

thereunder.12

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

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. 

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–NYSEArca–2009–17 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–NYSEArca–2009–17. 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 

Room, 100 F Street, NE., Washington, 

DC 20549, on official business days 

between the hours of 10 a.m. and 3 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; 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–NYSEArca–2009–17 and 

should be submitted on or before April 

7, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–5716 Filed 3–16–09; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11643 and #11644] 

Kentucky Disaster Number KY–00019 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 2. 

SUMMARY: This is an amendment of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of Kentucky (FEMA–1818– 

DR), dated 02/05/2009. 

Incident: Severe winter storm and 

flooding. 

Incident Period: 01/26/2009 through 

02/13/2009. 

Effective Date: 03/09/2009. 

Physical Loan Application Deadline 

Date: 04/06/2009. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 11/05/2009. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: The notice 

of the President’s major disaster 

declaration for private non-profit 

organizations in the State of Kentucky, 

dated 02/05/2009, is hereby amended to 

include the following areas as adversely 

affected by the disaster. 

Primary Counties: Boone, Casey, 

Gallatin, Hancock, Henry, Kenton, 

Simpson, Taylor, Wolfe, Trimble 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Herbert L. Mitchell, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. E9–5736 Filed 3–16–09; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11690 and #11691] 

Texas Disaster Number TX–00334 

AGENCY: Small Business Administration. 

ACTION: Notice. 

SUMMARY: This is a notice of an 

Administrative declaration of a disaster 

for the State of Texas dated: 03/10/2009. 

Incident: Bastrop County Wildland 

Fire. 


dwashington3 on PROD1PC60 with NOTICES
11398 Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Notices 

Incident Period: 02/28/2009 and 

continuing. 

Effective Date: 03/10/2009. 

Physical Loan Application Deadline 

Date: 5/11/2009. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 12/10/2009. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing And 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth , TX 76155. 

FOR FURTHER INFORMATION CONTACT: A 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

Administrator’s disaster declaration, 

applications for disaster loans may be 

filed at the address listed above or other 

locally announced locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary Counties: 

Bastrop. 

Contiguous Counties: Texas. 

Caldwell, Fayette, Lee, Travis, 

Williamson. 

The Interest Rates are: 

Percent 

Homeowners With Credit Available Elsewhere ......................... 4.375 

Homeowners Without Credit 

Available Elsewhere .................. 2.187 

Businesses With Credit Available 

Elsewhere ................................. 6.000 

Businesses & Small Agricultural 

Cooperatives Without Credit 

Available Elsewhere .................. 4.000 

Other (Including Non-Profit Organizations) With Credit Available 

Elsewhere; ................................ 4.500 

Businesses And Non-Profit Organizations Without Credit Available Elsewhere ......................... 4.000 

The number assigned to this disaster 

for physical damage is 11690 5 and for 

economic injury is 11691 0. 

The States which received an EIDL 

Declaration # are Texas. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Dated: March 10, 2009. 

Darryl K. Hairston, 

Acting Administrator. 

[FR Doc. E9–5735 Filed 3–16–09; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[License No. 02/72–0627] 

Accretive Investors SBIC, L.P.; Notice 

Seeking Exemption Under Section 312 

of the Small Business Investment Act, 

Conflicts of Interest 

Notice is hereby given that Accretive 

Investors SBIC, L.P., 51 Madison 

Avenue, 31st Floor, New York, NY, 

10010, a Federal Licensee under the 

Small Business Investment Act of 1958, 

as amended (‘‘the Act’’), in connection 

with the financing of a small concern, 

has sought an exemption under Section 

312 of the Act and Section 107.730, 

Financings which Constitute Conflicts 

of Interest of the Small Business 

Administration (‘‘SBA’’) Rules and 

Regulations (13 CFR 107.730). Accretive 

Investors SBIC, L.P. proposes to provide 

equity financing to Axiant, LLC, 2727 

Paces Ferry Road, Atlanta, GA 30339. 

The financing is contemplated for 

working capital and debt repurchase. 

The financing is brought within the 

purview of 107.730(a)(1) of the 

Regulations because Accretive II, LP; 

Accretive Blocker, LP; Accretive II 

Coinvestment Partners, LP and 

Accretive Coinvestment Partners, LLC, 

all Associates of Accretive Investors 

SBIC, L.P., in the aggregate own more 

than ten percent of Axiant, LLC. 

Therefore, this transaction is 

considered a financing of an Associate 

requiring an exemption. Notice is 

hereby given that any interested person 

may submit written comments on the 

transaction within fifteen days of the 

date of this publication to the Acting 

Associate Administrator for Investment, 

U.S. Small Business Administration, 

409 Third Street, SW., Washington, DC 

20416. 

Dated: February 5, 2009. 

Harry Haskins, 

Acting Associate Administrator for 

Investment. 

[FR Doc. E9–5738 Filed 3–16–09; 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 to terminate the 

Nonmanufacturer Rule Class Waiver for 

Product Service Code (PSC) 3930, 

Warehouse Trucks and Tractors, SelfPropelled. 

SUMMARY: The U.S. Small Business 

Administration (SBA) has terminated a 

waiver of the Nonmanufacturer Rule for 

PSC 3930, Warehouse Trucks and 

Tractors, Self-Propelled based on SBA’s 

recent discovery of small business 

manufacturers. 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. 

DATE: This waiver is effective April 1, 

2009. 

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), 

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) 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. 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. 

13 CFR 121.1202(c). 

The SBA defines ‘‘class of products’’ 

based on a six digit coding system. The 

coding system is the Office of 

Management and Budget North 

American Industry Classification 

System (NAICS). In addition, SBA uses 

Product Service Codes (PSC) to identify 

particular products within the NAICS 

code to which a waiver would apply. 

SBA announced its decision to grant 

the waiver for PSC 3930 in the Federal 

Register on September 13, 1990. 55 

Federal Register 38313 (1990). SBA 

received a request on December 18, 

2008, to terminate the waiver to the 

nonmanufacturer rule for Warehouse 

Trucks and Tractors, Self-Propelled, 

under PSC 3930. In response, on 


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