52790 Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Garcia, Procurement Analyst, by 

telephone at (202) 205–6842; by FAX at 

(202) 481–1630; or by e-mail at 

amy.garcia@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 supply contracts 

set aside for small businesses, SDVO 

small businesses, or Participants in the 

SBA’s 8(a) BD 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 the Office 

of Management and Budget’s NAICS. 

The SBA is currently processing a 

request to waive the Nonmanufacturer 

Rule for Woven and Knit impregnated 

with Flat Dipped Rubber/Plastic Gloves, 

under NAICS code 315992 (Glove and 

Mitten Manufacturing). The public is 

invited to comment or provide source 

information to SBA on the proposed 

waiver of the Nonmanufacturer Rule for 

the product within 15 days after date of 

publication in the Federal Register and 

on FedBizOpps.gov. 

Karen Hontz, 

Director, Office of Government Contracting. 

[FR Doc. 2010–21424 Filed 8–26–10; 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 intent to waive the 

Nonmanufacturer Rule for GEN II and 

GEN III Image Intensifier Tubes. 

SUMMARY: The U.S. Small Business 

Administration (SBA) is considering 

granting a class waiver of the 

Nonmanufacturer Rule for Optical 

Instrument and Lens Manufacturing. On 

August 13, 2010, SBA received a request 

that a class waiver be granted for GEN 

II and GEN III Image Intensifier Tubes, 

Product Service Code (PSC) 5855, Night 

Vision Equipment, Emitted and 

Reflected Radiation, under the North 

American Industry Classification 

System (NAICS) code 333314 (Optical 

Instrument and Lens Manufacturing). 

According to the request, no small 

business manufacturers supply these 

classes of products to the Federal 

government. Thus, SBA is seeking 

information on whether there are small 

business GEN II and GEN III image 

intensifier tube manufacturers. If 

granted, the waiver would allow 

otherwise qualified small businesses to 

supply the products of any 

manufacturer on a Federal contract set 

aside for small businesses, ServiceDisabled Veteran-Owned (SDVO) small 

businesses or Participants in the SBA’s 

8(a) Business Development (BD) 

program. 

DATES: Comments and source 

information must be submitted 

September 13, 2010. 

ADDRESSES: You may submit comments 

and source information to Amy Garcia, 

Procurement Analyst, Small Business 

Administration, Office of Government 

Contracting, 409 3rd Street, SW., Suite 

8800, Washington, DC 20416. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Garcia, Procurement Analyst, by 

telephone at (202) 205–6842; by FAX at 

(202) 481–1630; or by e-mail at 

amy.garcia@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 supply contracts 

set aside for small businesses, SDVO 

small businesses, or Participants in the 

SBA’s 8(a) BD 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 the Office 

of Management and Budget’s NAICS. 

In addition, SBA uses PSCs to further 

identify particular products within the 

NAICS code to which a waiver would 

apply. The SBA may then identify a 

specific item within a PSC and NAICS 

to which a class waiver would apply. 

The SBA is currently processing a 

request to waive the Nonmanufacturer 

Rule for GEN II and GEN III Image 

Intensifier Tubes, PSC 5855, Night 

Vision Equipment, Emitted and 

Reflected Radiation, under NAICS code 

333314 (Optical Instrument and Lens 

Manufacturing). The public is invited to 

comment or provide source information 

to SBA on the proposed waiver of the 

Nonmanufacturer Rule for the product 

within 15 days after date of publication 

in the Federal Register and on 

FedBizOpps.gov. 

Karen Hontz, 

Director, Office of Government Contracting. 

[FR Doc. 2010–21427 Filed 8–26–10; 8:45 am] 

BILLING CODE 8025–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62754; File No. SR– 

NASDAQ–2010–105] 

Self-Regulatory Organizations; 

NASDAQ Stock Market LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Relating to 

NASDAQ Options Market Fees and 

Rebates 

August 20, 2010. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on August 

18, 2010, NASDAQ Stock Market LLC 

(‘‘NASDAQ’’ or the ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (‘‘SEC’’ or ‘‘Commission’’) 

the proposed rule change as described 

in Items I, II, and III below, which Items 

have been prepared by the Exchange. 

The Commission is publishing this 

notice to solicit comments on the 

proposed rule change from interested 

persons. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices 52791 

3The Penny Pilot was established in March 2008 

and in October 2009 was expanded and extended 

through December 31, 2010. See Securities 

Exchange Act Release Nos. 57579 (March 28, 2008), 

73 FR 18587 (April 4, 2008) (SR–NASDAQ–2008– 

026) (notice of filing and immediate effectiveness 

establishing Penny Pilot); 60874 (October 23, 2009), 

74 FR 56682 (November 2, 2009) (SR–NASDAQ– 

2009–091) (notice of filing and immediate 

effectiveness expanding and extending Penny 

Pilot); 60965 (November 9, 2009), 74 FR 59292 

(November 17, 2009) (SR–NASDAQ–2009–097) 

(notice of filing and immediate effectiveness adding 

seventy-five classes to Penny Pilot); 61455 

(February 1, 2010), 75 FR 6239 (February 8, 2010) 

(SR–NASDAQ–2010–013) (notice of filing and 

immediate effectiveness adding seventy-five classes 

to Penny Pilot); and 62029 (May 4, 2010), 75 FR 

25895 (May 10, 2010) (SR–NASDAQ–2010–053) 

(notice of filing and immediate effectiveness adding 

seventy-five classes to Penny Pilot). See also 

Exchange Rule Chapter VI, Section 5. 

4An order that removes liquidity is one that is 

entered into NOM and that executes against an 

order resting on the NOM book. 

5A Firm, NOM Market Maker and Non-NOM 

Market Maker would continue to be assessed $0.45 

per contract for removing liquidity. 

6A Firm NOM Market Makers and Non-NOM 

Market Makers would continue to be assessed $.045 

per contract for removing liquidity. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to modify 

Exchange Rule 7050 governing pricing 

for NASDAQ members using the 

NASDAQ Options Market (‘‘NOM’’), 

NASDAQ’s facility for executing and 

routing standardized equity and index 

options. Specifically, NOM proposes to: 

modify pricing for both Penny Pilot 3

Options and All Other Options with 

respect to the fees for removing 

liquidity.4

While changes pursuant to this 

proposal are effective upon filing, the 

Exchange has designated these changes 

to be operative for transactions on 

September 1, 2010. 

The text of the proposed rule change 

is set forth below. Proposed new text is 

in italics and deleted text is in brackets. 

* * * * * 

7050. NASDAQ Options Market 

The following charges shall apply to 

the use of the order execution and 

routing services of the NASDAQ 

Options Market for all securities. 

(1) Fees for Execution of Contracts on 

the NASDAQ Options Market 

FEES AND REBATES

[Per executed contract] 

Customer Firm Non-NOM 

market maker 

NOM market 

maker 

Penny Pilot Options: 

Rebate to Add Liquidity ............................................................................ $0.32 $0.10 $0.25 $0.30 

Fee for Removing Liquidity ....................................................................... 0.4[0]3 0.45 0.45 0.45 

NDX and MNX: 

Rebate to Add Liquidity ............................................................................ 0.10 0.10 0.10 0.20 

Fee for Removing Liquidity ....................................................................... 0.50 0.50 0.50 0.40 

All Other Options: 

Fee for Adding Liquidity ........................................................................... 0.00 0.45 0.45 0.30 

Fee for Removing Liquidity ....................................................................... 0.4[0]3 0.45 0.45 0.45 

Rebate to Add Liquidity ............................................................................ 0.20 0.00 0.00 0.00 

* * * * * 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http:// 

www.nasdaqomx.cchwallstreet.com, at 

the principal office of the Exchange, and 

at the Commission’s Public Reference 

Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Exchange included statements 

concerning the purpose of, and basis for, 

the proposed rule change and discussed 

any comments it received on the 

proposed rule change. The text of these 

statements may be examined at the 

places specified in Item IV below. The 

Exchange has prepared summaries, set 

forth in Sections A, B, and C below, of 

the most significant aspects of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

NASDAQ is proposing to modify Rule 

7050 governing the fees assessed for 

options orders entered into NOM. 

Specifically, NASDAQ is proposing to 

modify pricing for both Penny Pilot 

Options and All Other Options with 

respect to the fees for removing 

liquidity. Currently, NASDAQ 

distinguishes between options that are 

included in the Penny Pilot and those 

that are not. 

Penny Options—Removing Liquidity 

The Exchange assesses a fee to 

members removing liquidity through 

NOM in options included in the Penny 

Pilot and charges a fee of $0.40 per 

executed contract to Customers for 

removing such liquidity and a fee of 

$0.45 per executed contract to members 

in the capacity of firm, NOM Market 

Maker and Non-NOM Market Maker for 

removing liquidity. The Exchange 

proposes to amend these fees for 

removing liquidity and assess a 

Customer $.43 per contract instead of 

$0.40 per contract.5

Non-Penny Options—Removing 

Liquidity 

The Exchange assesses fees to 

members removing liquidity through 

NOM in non-Penny Options (All Other 

Options) and charges a fee of $0.40 per 

executed contract to members removing 

liquidity in the capacity of Customer 

and a fee of $0.45 per executed contract 

to members removing liquidity in the 

capacity of Firm, NOM Market Maker 

and Non-NOM Market Maker. The 

Exchange proposes to amend these fees 

for removing liquidity and assess a 

Customer $.43 per contract instead of 

$0.40.6

While changes pursuant to this 

proposal are effective upon filing, the 

Exchange has designated these changes 

to be operative for transactions on 

September 1, 2010. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

52792 Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Notices 

7 15 U.S.C. 78f. 

8 15 U.S.C. 78f(b)(4). 

9See NYSE Arca’s Fee Schedule. 

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

11 17 CFR 240.19b–4(f)(2). 

12 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(2). 

2. Statutory Basis 

NASDAQ believes that the proposed 

rule changes are consistent with the 

provisions of Section 6 of the Act,7 in 

general, and with Section 6(b)(4) of the 

Act,8 in particular, in that it provides for 

the equitable allocation of reasonable 

dues, fees and other charges among 

members and issuers and other persons 

using any facility or system which 

NASDAQ operates or controls. The 

Exchange believes the proposed 

amendments to the fees for removing 

liquidity are equitable and reasonable 

because they are within the range of fees 

assessed by other exchanges employing 

similar pricing schemes. Specifically, 

NYSE Arca, Inc. (‘‘NYSE Arca’’) assesses 

a customer electronic fee for taking 

liquidity of $0.45 for electronic 

executions in penny pilot issues and 

foreign currency options.9

NASDAQ is one of eight options 

market [sic] in the national market 

system for standardized options. It is a 

mature, robust market that is highly 

competitive with highly sophisticated 

and knowledge [sic] participants. 

Joining NASDAQ and electing to trade 

options is entirely voluntary. Under 

these circumstances, NASDAQ’s fees 

must be competitive, fair and just in 

order for NASDAQ to attract order flow, 

execute orders, and grow as a market. 

NASDAQ thus believes that its fees are 

equitable, fair and reasonable and 

consistent with the Exchange Act. 

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 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 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act 10 and 

paragraph (f)(2) of Rule 19b–4 11

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

Number SR–NASDAQ–2010–105 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–NASDAQ–2010–105. 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 Web site 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 

a.m. and 3 p.m. 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–NASDAQ– 

2010–105 and should be submitted on 

or before September 17, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–21307 Filed 8–26–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62758; File No. SR–CBOE– 

2010–075] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend the CBOE 

Stock Exchange Fee Schedule To 

Change the Transaction Fees for 24 

Securities 

August 23, 2010. 

Pursaunt to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on August 

12, 2010, the Chicago Board Options 

Exchange, Incorporated (‘‘CBOE’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by CBOE. The Exchange has designated 

this proposal as one establishing or 

changing a due, fee, or other charge 

imposed by CBOE under Section 

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

4(f)(2) thereunder.4 The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to modify the 

Fee Schedule for its CBOE Stock 

Exchange (‘‘CBSX’’). The text of the 

proposed rule change is available on the 

Exchange’s Web site http:// 

www.cboe.org/legal), at the Exchange’s 

principal office, and at the Commission. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES