31292 Federal Register / Vol. 87, No. 99 / Monday, May 23, 2022 / Notices 

8 15 U.S.C. 78f(b)(5). 

9 In particular, the ICE proposal increased ICE’s 

total number of authorized shares of ICE common 

stock in order to effectuate a 5-for-1 stock split by 

way of a stock dividend. See Securities Exchange 

Act Release No. 78992 (September 29, 2016), 81 FR 

69092 (October 5, 2016) (SR–NYSE–2016–57, SR– 

NYSEArca–2016–119, and SR–NYSEMKT–2016– 

80) (hereinafter, ‘‘ICE Approval’’). 

10 15 U.S.C. 78s(b)(3)(A). 

11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires a self-regulatory organization to 

give the Commission written notice of its 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 this requirement. 12 17 CFR 200.30–3(a)(12). 

The Exchange also believes that the 

proposal is consistent with Section 

6(b)(5) of the Act 8 because it would not 

impact the Exchange’s governance or 

regulatory structure, which would 

continue to be designed to prevent 

fraudulent and manipulative acts and 

practices, to promote just and equitable 

principles of trade, to foster cooperation 

and coordination with persons engaged 

in regulating, clearing, settling, 

processing information with respect to, 

and facilitating transactions in 

securities, to remove impediments to 

and perfect the mechanism of a free and 

open market and a national market 

system, and, in general, to protect 

investors and the public interest. 

The Exchange believes that the 

proposed rule change would remove 

impediments to and perfect the 

mechanism of a free and open market 

and a national market system, and, in 

general, to protect investors and the 

public interest, because by increasing 

Nasdaq’s authorized shares of Common 

Stock and shares of capital stock 

sufficient to allow Nasdaq to effectuate 

the Stock Dividend, the proposed rule 

change will facilitate broader ownership 

of Nasdaq. 

The Exchange also notes that the 

proposed rule change is substantially 

similar to a prior proposal by 

Intercontinental Exchange, Inc. (‘‘ICE’’), 

which is the holding company for three 

national securities exchanges, including 

the New York Stock Exchange. The ICE 

proposal amended ICE’s Certificate of 

Incorporation to effectuate a similar 

stock split as proposed by the Exchange 

herein.9 As such, the Exchange does not 

believe that its proposal raises any new 

or novel issues not already considered 

by the Commission. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

Because the proposed rule change 

relates solely to the number of 

authorized shares of Common Stock and 

shares of capital stock of the Company 

and not to the operations of the 

Exchange, the Exchange does not 

believe that the proposed rule change 

will impose any burden on competition 

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 either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing 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 for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 10 and Rule 19b– 

4(f)(6) thereunder.11

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission summarily may 

temporarily suspend 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. If the 

Commission takes such action, the 

Commission shall institute proceedings 

to determine whether the proposed rule 

should be approved or disapproved. 

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 email to rule-comments@

sec.gov. Please include File Number SR– 

GEMX–2022–07 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street NE, 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–GEMX–2022–07. This file 

number should be included on the 

subject line if email 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 website (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 website viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE, 

Washington, DC 20549, on official 

business days between the hours of 

10:00 a.m. and 3:00 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. 

Persons submitting comments are 

cautioned that we do not redact or edit 

personal identifying information from 

comment submissions. You should 

submit only information that you wish 

to make available publicly. All 

submissions should refer to File 

Number SR–GEMX–2022–07 and 

should be submitted on or before June 

13, 2022. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–10957 Filed 5–20–22; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

[Docket No. SBA–2022–001] 

Class Waiver of the Nonmanufacturer 

Rule 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notification of class waiver of 

the Nonmanufacturer Rule for dental 

equipment and supplies. 

SUMMARY: The U.S. Small Business 

Administration (SBA) is granting a 

request for a class waiver of the 

Nonmanufacturer Rule (NMR) for dental 

equipment and supplies. 


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Federal Register / Vol. 87, No. 99 / Monday, May 23, 2022 / Notices 31293 

DATES: This action will be effective 

thirty days after publication of this 

notice. 

FOR FURTHER INFORMATION CONTACT: 

Carol Hulme, Attorney Advisor, by 

telephone at 202–205–6347; or by email 

at Carol-Ann.Hulme@sba.gov. 

SUPPLEMENTARY INFORMATION: Sections 

8(a)(17) and 46 of the Small Business 

Act (Act), 15 U.S.C. 637(a)(17) and 657s, 

and SBA’s implementing regulations, 

found at 13 CFR 121.406(b), require that 

recipients of Federal supply contracts 

provide the product of a small business 

manufacturer or processor if the 

recipient of the set-aside contract is not 

the actual manufacturer or processor of 

the product. This requirement is 

commonly referred to as the 

Nonmanufacturer Rule (NMR). 13 CFR 

121.406(b). The NMR applies to a 

contract issued as a small business setaside (except as stated below); a servicedisabled veteran-owned small business 

(SDVOSB) set-aside or sole-source 

contract; a Historically Underutilized 

Business Zone (HUBZone) set-aside or 

sole source contract; a women-owned 

small business (WOSB) or economically 

disadvantaged women-owned small 

business (EDWOSB) set-aside or sole 

source contract; or 8(a) set-aside or sole 

source contract; a partial set-aside; or a 

set-aside of an order against a multiple 

award contract. The NMR does not 

apply to small business set-aside 

acquisitions with an estimated value 

between the micro-purchase threshold 

and the simplified acquisition 

threshold. 

Sections 8(a)(17)(B)(iv)(II) and 

46(a)(4)(B) of the Act authorize SBA to 

waive the NMR for a ‘‘class of products’’ 

for which there are no small business 

manufacturers or processors available to 

participate in the Federal market. The 

SBA identifies a ‘‘class of products’’ 

based on a combination of the six-digit 

North American Industry Classification 

(NAICS) code and a description of the 

class of products. A waiver would not 

have any effect on the requirements in 

13 CFR 121.406(b) or on requirements 

external to the Act that involve 

domestic sources of supply, such as the 

Buy American Act, 41 U.S.C. 8301– 

8305, or the Trade Agreements Act, 19 

U.S.C. 2501 et. seq. As implemented in 

SBA’s regulations at 13 CFR 

121.1202(c), 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 

been awarded a contract to supply the 

class of products within the last 24 

months. 

SBA received a request for a class 

waiver for dental supplies and 

equipment. Specifically, the waiver 

would apply to dental chairs, dental 

delivery systems, dental lights, dental 

cabinets, dental stools, dental 

handpieces, dental infection control 

apparatus, dental air management 

systems, and mechanical room 

equipment under NAICS code 339114. 

A search of the Federal marketplace 

confirmed that no small business 

manufacturers have submitted a 

proposal or been awarded a contract to 

supply these products within the last 24 

months. 

On March 11, 2022, SBA issued a 

Notice of Intent to grant a class waiver 

for dental equipment and supplies and 

provided until April 11, 2022, for 

members of the public to submit 

comments. That notice can be found at 

87 FR 14084. As there were no 

comments submitted pertaining to 

issuance of the waiver, SBA has 

determined a class waiver is appropriate 

for dental chairs, dental delivery 

systems, dental lights, dental cabinets, 

dental stools, dental handpieces, dental 

infection control apparatus, dental air 

management systems, and mechanical 

room equipment under NAICS code 

339114. This class waiver allows 

otherwise qualified regular dealers to 

supply the waived items on certain 

small business contracts, regardless of 

the business size of the manufacturer. 

More information on the NMR and class 

waivers can be found at https://

www.sba.gov/partners/contractingofficials/small-business-procurement/ 

nonmanufacturer-rule. 

Wallace D. Sermons, II, 

Acting Director, Office of Government 

Contracting. 

[FR Doc. 2022–10953 Filed 5–20–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF STATE 

[Public Notice: 11732 ] 

Notice of Determinations; Culturally 

Significant Objects Being Imported for 

Exhibition—Determinations: ‘‘Park Dae 

Sung: Virtuous Ink, Contemporary 

Brush’’ Exhibition 

SUMMARY: Notice is hereby given of the 

following determinations: I hereby 

determine that certain objects being 

imported from abroad pursuant to 

agreements with their foreign owners or 

custodians for temporary display in the 

exhibition ‘‘Park Dae Sung: Virtuous 

Ink, Contemporary Brush’’ at the Los 

Angeles County Museum of Art, Los 

Angeles, California, and at possible 

additional exhibitions or venues yet to 

be determined, are of cultural 

significance, and, further, that their 

temporary exhibition or display within 

the United States as aforementioned is 

in the national interest. I have ordered 

that Public Notice of these 

determinations be published in the 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: Chi 

D. Tran, Program Administrator, Office 

of the Legal Adviser, U.S. Department of 

State (telephone: 202–632–6471; email: 

section2459@state.gov). The mailing 

address is U.S. Department of State, L/ 

PD, 2200 C Street NW (SA–5), Suite 

5H03, Washington, DC 20522–0505. 

SUPPLEMENTARY INFORMATION: The 

foregoing determinations were made 

pursuant to the authority vested in me 

by the Act of October 19, 1965 (79 Stat. 

985; 22 U.S.C. 2459), E.O. 12047 of 

March 27, 1978, the Foreign Affairs 

Reform and Restructuring Act of 1998 

(112 Stat. 2681, et seq.; 22 U.S.C. 6501 

note, et seq.), Delegation of Authority 

No. 234 of October 1, 1999, Delegation 

of Authority No. 236–3 of August 28, 

2000, and Delegation of Authority No. 

523 of December 22, 2021. 

Stacy E. White, 

Deputy Assistant Secretary for Professional 

and Cultural Exchanges, Bureau of 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. 2022–11005 Filed 5–20–22; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway Projects in 

Texas 

AGENCY: Texas Department of 

Transportation (TxDOT), Federal 

Highway Administration (FHWA), U.S. 

Department of Transportation. 

ACTION: Notice of limitation on claims 

for judicial review of actions by TxDOT 

and Federal agencies. 

SUMMARY: This notice announces actions 

taken by TxDOT and Federal agencies 

that are final. The environmental 

review, consultation, and other actions 

required by applicable Federal 

environmental laws for these projects 

are being, or have been, carried-out by 

TxDOT pursuant to an assignment 

agreement executed by FHWA and 

TxDOT. The actions relate to various 

proposed highway projects in the State 

of Texas. These actions grant licenses, 

permits, and approvals for the projects. 


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