Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Notices 49965

12See 47 CFR 64.1601(e).

13See Adopting Release, supra note 6, at 44167.

14 15 U.S.C. 78f(b)(5). 15 17 CFR 200.30–3(a)(12).

device to send an unsolicited 

advertisement to a telephone facsimile 

machine, computer or other device, 

without the express permission of the 

recipient. Members and member 

organizations must clearly mark, in a 

margin at the top or bottom of each page 

of the transmission, the date and time it 

is sent and the identification of the 

member or member organization 

sending the message and the telephone 

number of the sending machine. 

Caller Identification Information 

Members and member organizations 

that engage in telemarketing must 

transmit caller identification 

information and are explicitly 

prohibited from blocking caller 

identification information. Caller 

identification information must include 

either the Calling Party Number 

(‘‘CPN’’) or the calling party’s billing 

number, also known as the Charge 

Number (‘‘ANI’’), and when available 

from the telephone carrier, the name of 

the member or member organization. 

The telephone number provided must 

permit any person to make a do-not-call 

request during normal business hours. 

Provision of caller identification 

information does not eliminate the 

requirement for a caller to verbally 

supply identification information 

during a call. These provisions are 

intended to promote appropriate caller 

identification practices that comport 

with the FCC’s caller identification 

rules 12 and related guidance.13

Outsourcing 

The proposed rule provides that if a 

member or member organization uses 

another entity to perform telemarketing 

services on its behalf, the member or 

member organization remains 

responsible for ensuring compliance 

with all provisions of the rule. 

(2) Statutory Basis 

The proposed rule change is 

consistent with the requirements of the 

Exchange Act and the rules and 

regulations thereunder applicable to a 

national securities exchange, and in 

particular, with the requirements of 

Section 6(b)(5) 14 of the Exchange Act. 

Section 6(b)(5) requires, among other 

things, that the rules of an exchange be 

designed to promote just and equitable 

principles of trade, to remove 

impediments to and perfect the 

mechanism of a free and open market 

and national market system, and in 

general, to protect investors and the 

public interest. The Exchange believes 

the proposed rule change will enhance 

investor protection by enabling persons 

who do not want to receive telephone 

solicitations from members or member 

organizations to receive the protections 

of the national do-not-call registry.

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 not 

necessary or appropriate in furtherance 

of the purposes of the Exchange Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

The Exchange has neither solicited 

nor received written comments on the 

proposed rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding, or 

(ii) as to which the Exchange consents, 

the Commission will: 

(a) By order approve such proposed 

rule change, or

(b) Institute proceedings to determine 

whether the proposed rule change 

should be 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, as amended, is consistent with 

the Exchange 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 e-mail to rulecomments@sec.gov. Please include File 

Number SR–NYSE–2004–73 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Jonathan G. Katz, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–9303. 

All submissions should refer to File 

Number SR–NYSE–2004–73. 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. Copies of the filing also will be 

available for inspection and copying at 

the principal office of the NYSE. 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–NYSE–2004–73 and should 

be submitted on or before September 15, 

2005.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.15

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. E5–4653 Filed 8–24–05; 8:45 am] 

BILLING CODE 8010–01–P

SMALL BUSINESS ADMINISTRATION

Audit and Financial Management 

Advisory (AFMAC) Committee Meeting 

The U.S. Small Business 

Administration’s Audit and Financial 

Management Advisory Committee 

(AFMAC) will meet on September 12, 

2005 at 11 a.m. in the Administrator’s 

conference room. The AFMAC was 

established by the Administrator of the 

SBA to provide recommendation and 

advice regarding the Agency’s financial 

management including the financial 

reporting process, systems of internal 

controls, audit process and process for 

monitoring compliance with relevant 

laws and regulations. 

Anyone wishing to attend must 

contact Thomas Dumaresq in writing or 

by fax. Thomas Dumaresq, Chief 

Financial Officer, 409 3rd Street SW., 

Washington, DC 20416, phone (202) 

49966 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Notices 

205–6506, fax: (202) 205–6869, e-mail: 

thomas.dumaresq@sba.gov.

Dated: August 17, 2005. 

Carmen-Rosa Torres, 

Director, Office of the Chief Financial Officer, 

Office of Analysis, Planning and 

Accountability.

[FR Doc. 05–16921 Filed 8–24–05; 8:45 am] 

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

Small Business Size Standards: 

Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration 

(SBA).

ACTION: Notice of intent to waive the 

Nonmanufacturer Rule for Commercial 

Laundry Equipment, including 

Commercial Laundry Manufacturing, 

Dry Cleaning Equipment Manufacturing 

and Pressing Machine Manufacturing. 

SUMMARY: The U.S. Small Business 

Administration (SBA) is considering 

granting a waiver of the 

Nonmanufacturer Rule for Commercial 

Laundry Equipment, including 

Commercial Laundry Manufacturing, 

Dry Cleaning Equipment Manufacturing, 

and Pressing Machine Manufacturing. 

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 or SBA’s 8(a) Business 

Development Program. The purpose of 

this notice is to solicit comments and 

potential source information from 

interested parties.

DATES: Comments and sources must be 

submitted on or before September 9, 

2005.

FOR FURTHER INFORMATION CONTACT:

Edith Butler, Program Analyst, by 

telephone at (202) 619–0422; by FAX at 

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, or 

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. 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 in 

the Federal market. 

As implemented in SBA’s regulations 

at 13 CFE 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 is currently processing a 

request to waive the Nonmanufacturer 

Rule for Commercial Laundry 

Equipment, including Commercial 

Laundry Manufacturing, Dry Cleaning 

Equipment Manufacturing and Pressing 

Machine Manufacturing, North 

American Industry Classification 

System (NAICS) 333312. 

The public is invited to comment or 

provide source information to SBA on 

the proposed waiver of the 

nonmanufacturer rule for this NAICS 

code.

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

Dated: August 19, 2005. 

Dean Koppel, 

Assistant Administrator, Office of Policy and 

Research.

[FR Doc. 05–16916 Filed 8–24–05; 8:45 am] 

BILLING CODE 8025–01–P

SMALL BUSINESS ADMINISTRATION

Small Business Size Standards: 

Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Notice of intent to waive the 

Nonmanufacturer Rule for Household 

Laundry Equipment, including Laundry 

Equipment (washers and dryers) and 

Household Type Manufacturing. 

SUMMARY: The U.S. Small Business 

Administration (SBA) is considering 

granting a waiver of the 

Nonmanufacturer Rule for Household 

Laundry Equipment, including Laundry 

Equipment (washers and dryers) and 

Household Type Manufacturing. 

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 or SBA’s 8(a) Business 

Development Program. The purpose of 

this notice is to solicit comments and 

potential source information from 

interested parties.

DATES: Comments and sources must be 

submitted on or before September 9, 

2005.

FOR FURTHER INFORMATION CONTACT:

Edith Butler, Program Analyst, by 

telephone at (202) 619–0422; by FAX at 

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, or 

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. 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 in 

the Federal market. 

As implemented in SBA’s regulations 

at 13 CFE 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 is currently processing a 

request to waive the Nonmanufacturer 

Rule for Household Laundry 

Equipment, including Laundry 

Equipment (washers and dryers) and 

Household Type Manufacturing, North 

American Industry Classification 

System (NAICS) 335224. 

The public is invited to comment or 

provide source information to SBA on