69372 Federal Register / Vol. 70, No. 219 / Tuesday, November 15, 2005 / Notices 

17 15 U.S.C. 78f. 18 In approving this proposed rule change, the 

Commission has considered the proposed rule’s 

impact on efficiency, competition, and capital 

formation. See 15 U.S.C. 78c(f). 

19 15 U.S.C. 78f(b)(5). 

20 15 U.S.C. 78s(b)(2). 

21 15 U.S.C. 78s(b)(2). 

22 17 CFR 200.30–3(a)(12). 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–9303. 

All submissions should refer to File 

No. SR–Amex–2005–115. 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 at 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. Copies of such 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 No. 

SR–Amex–2005–115 and should be 

submitted on or before December 6, 

2005. 

IV. Commission’s Findings and Order 

Granting Accelerated Approval of 

Proposed Rule Change 

After careful consideration, the 

Commission finds that the proposed 

rule change is consistent with the 

requirements of the Section 6 of the 

Act 17and the rules and regulations 

thereunder applicable to a national 

securities exchange.18 In particular, the 

Commission believes that the proposed 

rule change is consistent with Section 

6(b)(5) of the Act, which requires, 

among other things, that the rules of a 

national securities exchange 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.19

The Commission believes that the 

proposed rule change should enhance 

the Amex’s ability to process an 

increasing volume of incoming options 

quotes during high option quote volume 

periods and peaks. The Commission 

also believes that the Options Size 

Mitigation program should help to limit 

potential data delays of incoming data 

without limiting the dissemination of 

Exchange participants’ quotes and 

orders. 

The Amex has requested that the 

Commission find good cause for 

approving the proposed rule change 

prior to the thirtieth day after 

publication of the notice thereof in the 

Federal Register. The Commission 

believes that granting accelerated 

approval of the proposal will allow the 

Amex to immediately implement the 

Options Size Mitigation program and 

thus, should facilitate the processing of 

an increasing volume of incoming 

options quotes and should avoid 

potential data transmission delays. 

Furthermore, the Commission notes that 

the current pilot program was approved 

on a temporary four-month basis to 

allow the Commission an opportunity to 

solicit comments on the proposed rule 

change and to evaluate the impact of the 

proposal on the options market. 

Accordingly, the Commission finds 

good cause, pursuant to Section 19(b)(2) 

of the Act,20 for approving the proposed 

rule change prior to the thirtieth day 

after publication of the notice thereof in 

the Federal Register. 

V. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,21 that the 

proposed rule change, as amended (SR–

2005–115), is hereby approved on an 

accelerated basis for a four-month pilot 

period to expire on March 5, 2006. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.22

Jonathan G. Katz, 

Secretary. 

[FR Doc. E5–6263 Filed 11–14–05; 8:45 am] 

BILLING CODE 8010–01–P 

SMALL BUSINESS ADMINISTRATION 

Small Business Size Standards: 

Waiver of the Nonmanufacturer Rule 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice to waive the 

Nonmanufacturer Rule for Commercial 

Refrigerator Equipment. 

SUMMARY: The U.S. Small Business 

Administration (SBA) is granting a 

waiver of the Nonmanufacturer Rule for 

Commercial Refrigerator Equipment. 

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: This waiver is effective 

November 30, 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 CFR 121.1202(c), 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 

Federal Register / Vol. 70, No. 219 / Tuesday, November 15, 2005 / Notices 69373 

system is the Office of Management and 

Budget North American Industry 

Classification System (NAICS). The 

second is the Product and Service Code 

required as a data entry field by the 

Federal Procurement Data System. 

The SBA received a request on July 

25, 2005 to waive the Nonmanufacturer 

Rule for Commercial Refrigerator 

Equipment. In response, on September 

26, 2005, SBA published in the Federal 

Register a notice of intent to waive the 

Nonmanufacturer Rule for Commercial 

Refrigerator Equipment. 

SBA explained in the notice that it 

was soliciting comments and sources of 

small business manufacturers of this 

class of products. In response to this 

notice, no comments were received from 

interested parties. SBA has determined 

that there are no small business 

manufacturers of this class of products, 

and is therefore granting the waiver of 

the Nonmanufacturer for Commercial 

Refrigerator Equipment, NAICS 423740. 

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

Dated: November 1, 2005. 

Karen C. Hontz, 

Associate Administrator for Government 

Contracting. 

[FR Doc. 05–22566 Filed 11–14–05; 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 waive the 

Nonmanufacturer Rule for Photographic 

Film, Paper, Plate, and Chemical 

Manufacturing. 

SUMMARY: The U.S. Small Business 

Administration (SBA) is granting a 

waiver of the Nonmanufacturer Rule for 

Photographic Film, Paper, Plate, and 

Chemical 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: This waiver is effective 

November 30, 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 CFR 121.1202(c), 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 

required as a data entry field by the 

Federal Procurement Data System. 

The SBA received a request on August 

19, 2005 to waive the Nonmanufacturer 

Rule for Photographic Film, Paper, 

Plate, and Chemical Manufacturing. In 

response, on September 26, 2005, SBA 

published in the Federal Register a 

notice of intent to waive the 

Nonmanufacturer Rule for Photographic 

Film, Paper, Plate, and Chemical 

Manufacturing. SBA explained in the 

notice that it was soliciting comments 

and sources of small business 

manufacturers of this class of products. 

In response to this notice, no comments 

were received from interested parties. 

SBA has determined that there are no 

small business manufacturers of this 

class of products, and is therefore 

granting the waiver of the 

Nonmanufacturer for Photographic 

Film, Paper, Plate, and Chemical 

Manufacturing, NAICS 325992. 

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

Dated: November 1, 2005. 

Karen C. Hontz, 

Associate Administrator for Government 

Contracting. 

[FR Doc. 05–22567 Filed 11–14–05; 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 Waiver of the 

Nonmanufacturer Rule for Household 

Refrigerator Equipment. 

SUMMARY: The U. S. Small Business 

Administration (SBA) is granting a 

waiver of the Nonmanufacturer Rule for 

Household Refrigerator Equipment. The 

basis for waivers is that no small 

business manufacturers are supplying 

this class of product 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 

business or SBA’s 8(a) Business 

Development Program. 

DATES: This waiver is effective 

November 30, 2005. 

FOR FURTHER INFORMATI0N CONTACT: 

Edith Butler, Program Analyst, 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), 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 of the 

product. 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 

available to participate in the Federal 

market. 

As implemented in SBA’s regulations 

at 13 CFR 121.1202(c), 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