Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices 27203 

Propellants—Petroleum Base 

Manufacturing. 

SUMMARY: The U.S. Small Business 

Administration (SBA) is granting a 

waiver of the Nonmanufacturer Rule for 

PSC 9130—Liquid Propellants— 

Petroleum Base Manufacturing. The 

basis for waiver 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 

small businesses to supply the products 

of any manufacturer on a Federal 

contract set aside for small businesses, 

service-disabled veteran-owned small 

businesses or participants in SBA’s 8(a) 

Business Development (BD) Program. 

DATES: This waiver is effective June 23, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Pamela M. McClam, Program Analyst, 

by telephone at (202) 205–7408; by FAX 

at (202) 481–4783; or by e-mail at 

Pamela.McClam@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 or participants in 

SBA’s 8(a) (BD) Program to provide the 

product of a small business 

manufacturer or processor, if the 

recipient is other than the actual 

manufacturer or processor of the 

product. SBA’s regulations provided the 

same for procurements set aside for 

service-disabled veteran-owned small 

business concerns. This requirement is 

commonly referred to as the 

Nonmanufacturer Rule. See 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. 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 1202(c). 

The SBA defines ‘‘class of products’’ 

based on the Office of Management and 

Budget’s North American Industry 

Classification System (NAICS) and PSCs 

within the NAICS code category. SBA 

received a request on April 20, 2009, to 

waive the Nonmanufacturer Rule for 

NAICS 324110, Petroleum Refineries, 

PSC 9130—Liquid Propellants— 

Petroleum Base Manufacturing. 

In response, on May 11, 2009, SBA 

published in the Federal Register a 

notice of intent to waive the 

Nonmanufacturer Rule for PSC 9130— 

Liquid Propellants—Petroleum Base 

Manufacturing. SBA explained in the 

notice that it was soliciting comments 

and sources of small business 

manufacturers of this class of products. 

No comments were received and SBA 

has determined that there are no small 

business manufacturers of these classes 

of products. Therefore, SBA is granting 

the waiver of the Nonmanufacturer Rule 

for PSC 9130—Liquid Propellants— 

Petroleum Base Manufacturing. 

Karen C. Hontz, 

Director for Government Contracting. 

[FR Doc. E9–13262 Filed 6–5–09; 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 of intent to waive 

Nonmanufacturer Rule. 

SUMMARY: The U. S. Small Business 

Administration (SBA) is considering 

granting a waiver of the 

Nonmanufacturer Rule for 13 Watt 

Compact Fluorescent Lamps (CFLs), 26 

Watt CFLs, and Occupancy Sensors 

Dual Technology. According to a 

request, no small business 

manufacturers supply these classes of 

product to the Federal government. 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 small 

businesses, or Participants in the SBA’s 

8(a) Business Development (BD) 

Program. 

DATES: Comments and source 

information must be submitted June 23, 

2009. 

ADDRESSES: You may submit comments 

and source information to Edith G. 

Butler, Program Analyst, Small Business 

Administration, Office of Government 

Contracting, 409 3rd Street, SW., Suite 

8800, Washington, DC 20416. 

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) 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 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 further 

identify particular products within the 

NAICS code to which a waiver would 

apply. 

The SBA is currently processing a 

request to waive the Nonmanufacturer 

Rule for 13 Watt CFLs, 26 Watt CFLs, 

and Occupancy Sensors Dual 

Technology, NAICS code 335110 PSC 

6240. 

The public is invited to comment or 

provide source information to SBA on 

the proposed waivers of the 

Nonmanufacturer Rule for this class of 

product code within 15 days after date 

of publication in the Federal Register. 

Dated: June 2, 2009. 

Karen C. Hontz, 

Director for Government Contracting. 

[FR Doc. E9–13263 Filed 6–5–09; 8:45 am] 

BILLING CODE 8025–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Rule 17g–1; SEC File No. 270–208; OMB 

Control No. 3235–0213. 


cprice-sewell on PRODPC61 with NOTICES
27204 Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices 

1Based on statistics compiled by Commission 

staff, we estimate that there are approximately 3,885 

funds that must comply with the collections of 

information under rule 17g–1. 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520), the Securities 

and Exchange Commission (the 

‘‘Commission’’) has submitted to the 

Office of Management and Budget a 

request for extension of the previously 

approved collection of information 

discussed below. 

Rule 17g–1 (17 CFR 270.17g–1) under 

the Investment Company Act of 1940 

(the ‘‘Act’’) (15 U.S.C. 80a–17(g)) 

governs the fidelity bonding of officers 

and employees of registered 

management investment companies 

(‘‘funds’’) and their advisers. Rule 17g– 

1 requires, in part, the following: 

Independent Directors’ Approval 

The form and amount of the fidelity 

bond must be approved by a majority of 

the fund’s independent directors at least 

once annually, and the amount of any 

premium paid by the fund for any ‘‘joint 

insured bond,’’ covering multiple funds 

or certain affiliates, must be approved 

by a majority of the fund’s independent 

directors. 

Terms and Provisions of the Bond 

The amount of the bond may not be 

less than the minimum amounts of 

coverage set forth in a schedule based 

on the fund’s gross assets; the bond 

must provide that it shall not be 

cancelled, terminated, or modified 

except upon 60-day written notice to the 

affected party and to the Commission; in 

the case of a joint insured bond, 60-day 

written notice must also be given to 

each fund covered by the bond; a joint 

insured bond must provide that the 

fidelity insurance company will provide 

all funds covered by the bond with a 

copy of the agreement, a copy of any 

claim on the bond, and notification of 

the terms of the settlement of any claim 

prior to execution of that settlement; 

and a fund that is insured by a joint 

bond must enter into an agreement with 

all other parties insured by the joint 

bond regarding recovery under the 

bond. 

Filings With the Commission 

Upon the execution of a fidelity bond 

or any amendment thereto, a fund must 

file with the Commission within 10 

days a copy of the executed bond or any 

amendment to the bond, the 

independent directors’ resolution 

approving the bond, and a statement as 

to the period for which premiums have 

been paid on the bond. In the case of a 

joint insured bond, a fund must also file 

(i) a statement showing the amount the 

fund would have been required to 

maintain under the rule if it were 

insured under a single insured bond and 

(ii) the agreement between the fund and 

all other insured parties regarding 

recovery under the bond. A fund must 

also notify the Commission in writing 

within five days of any claim or 

settlement on a claim under the fidelity 

bond. 

Notices to Directors 

A fund must notify by registered mail 

each member of its board of directors of 

(i) any cancellation, termination, or 

modification of the fidelity bond at least 

45 days prior to the effective date, and 

(ii) the filing or settlement of any claim 

under the fidelity bond when 

notification is filed with the 

Commission. 

Rule 17g–1’s independent directors’ 

annual review requirements, fidelity 

bond content requirements, joint bond 

agreement requirement and the required 

notices to directors are designed to 

ensure the safety of fund assets against 

losses due to the conduct of persons 

who may obtain access to those assets. 

These requirements also facilitate 

oversight of a fund’s fidelity bond. The 

rule’s required filings with the 

Commission are designed to assist the 

Commission in monitoring funds’ 

compliance with the fidelity bond 

requirements. 

Based on conversations with 

representatives in the fund industry, the 

Commission staff estimates that for each 

of the estimated 3,885 active funds,1 the 

average annual paperwork burden 

associated with rule 17g–1’s 

requirements is two hours, one hour 

each for a compliance attorney and the 

board of directors as a whole. The time 

spent by a compliance attorney includes 

time spent filing reports with the 

Commission for any fidelity losses (if 

any) as well as paperwork associated 

with any notices to directors, and 

managing any updates to the bond and 

the joint agreement (if one exists). The 

time spent by the board of directors as 

a whole includes any time spent 

initially establishing the bond, as well 

as time spent on annual updates and 

approvals. The Commission staff 

therefore estimates the total ongoing 

paperwork burden hours per year for all 

funds required by rule 17g–1 to be 7,770 

hours (3,885 funds × 2 hours = 7,770 

hours). 

These estimates of average burden 

hours are made solely for the purposes 

of the Paperwork Reduction Act. These 

estimates are not derived from a 

comprehensive or even a representative 

survey or study of Commission rules. 

The collection of information required 

by Rule 17g–1 is mandatory and will not 

be kept confidential. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid control number. 

Please direct general comments 

regarding the above information to the 

following persons: (i) Desk Officer for 

the Securities and Exchange 

Commission, Office of Management and 

Budget, Room 10102, New Executive 

Office Building, Washington, DC 20503 

or send an e-mail to Shagufta Ahmed at 

Shagufta_Ahmed@omb.eop.gov; and (ii) 

Charles Boucher, Director/CIO, 

Securities and Exchange Commission, 

C/O Shirley Martinson, 6432 General 

Green Way, Alexandria, VA 22312; or 

send an e-mail to: 

PRA_Mailbox@sec.gov. Comments must 

be submitted to OMB within 30 days of 

this notice. 

Dated: June 1, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–13257 Filed 6–5–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Rule 12d1–1; SEC File No. 270–526; OMB 

Control No. 3235–0584. 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission (the 

‘‘Commission’’) has submitted to the 

Office of Management and Budget a 

request for extension of the previously 

approved collection of information 

discussed below. 

Under current law, an investment 

company (‘‘fund’’) is limited in the 

amount of securities the fund 

(‘‘acquiring fund’’) can acquire from 

another fund (‘‘acquired fund’’). In 

general under the Investment Company 

Act of 1940 (15 U.S.C. 80a) (the 

‘‘Investment Company Act’’ or ‘‘Act’’), a 

registered fund (and companies it 

controls) cannot: (i) Acquire more than 

three percent of another fund’s 

securities; (ii) invest more than five 

percent of its own assets in another 


cprice-sewell on PRODPC61 with NOTICES