60208 Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Notices 

11See, e.g., Securities Exchange Act Releases No. 

42455 (February 24, 2000), 65 FR 11388 (March 2, 

2000) at 11398; and No. 43100 (July 31, 2000), 65 

FR 48778 (August 9, 2000) at notes 96–99 and 

accompanying text.

12The Exchange represents that any portion of a 

Customer Order executed pursuant to this rule 

would not be executed at a price inferior to the 

national best bid or offer. Telephone conversation 

between Mai S. Shiver, Director/Senior Counsel, 

PCX, and Ira L. Brandriss, Assistant Director, 

Division, Commission, September 29, 2004.

13 15 U.S.C. 78s(b)(2).

14 15 U.S.C. 78f(b)(5).

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

16 15 U.S.C. 78s(b)(2).

17 17 CFR 200.30–3(a)(12).

guaranteed percentage to which a Floor 

Broker is entitled when facilitating a 

Customer Order at the quoted market. 

The Commission believes that these 

changes are generally consistent with 

rules in place variously at other 

exchanges or otherwise constitute 

reasonable modifications to the 

Exchange’s procedures. In particular, 

the Commission notes that the increase 

in the percentage that the Floor Broker 

is entitled to facilitate at the quoted 

market would not exceed 40% of an 

order. The Commission has previously 

found that participation guarantees of as 

much as 40% of an order in options 

trading are not inconsistent with 

statutory standards of competition and 

free and open markets.11

The Commission further notes that 

the proposed rule change also would 

require a Floor Broker to fill the 

remainder of the Customer Order that is 

not filled by the trading crowd by 

executing it against the Facilitation 

Order, thus ensuring that the Customer 

Order will be executed at or between 

quoted markets.12 The proposed rule 

change also clarifies the Exchange’s 

facilitation procedures by setting forth 

explicit provisions regarding the 

method for allocating the contracts 

remaining after the Floor Broker 

executes his or her guaranteed 

percentage. Finally, the new 

commentaries regarding Floor Brokers’

duties of best execution and due 

diligence contribute to the clarity of the 

facilitation rules by expressly defining 

violative conduct.

The Commission finds good cause for 

approving Amendments No. 3 and 5 to 

the proposed rule change prior to the 

thirtieth day after the amendment is 

published in the Federal Register, 

pursuant to Section 19(b)(2) of the 

Act.13 With respect to the types of 

orders that may be Facilitation Orders, 

Amendment No. 3 eliminated a 

distinction between orders for the 

proprietary accounts of organizations 

under common control with LMMs and 

orders for the proprietary accounts of 

organizations under common control 

with Market Makers, and thus enhanced 

the proposed rule change. Amendment 

No. 3 also strengthened the proposal by 

clarifying the method of allocation of 

the remaining 60% of a Customer Order 

in a situation where the crowd had not 

provided a response to Floor Broker’s 

request for a market. Finally, 

Amendment No. 3 made a few minor 

technical and stylistic changes to the 

proposed rule text. In Amendment No. 

5, the Exchange proposed to make the 

effective date of the proposal October 

29, 2004 in order to allow the Exchange 

to provide proper notice and education 

to the Exchange OTP Holders and OTP 

Firms that are affected by the rule 

change. Acceleration of Amendments 

No. 3 and 5 will permit the Exchange to 

implement the proposal in an 

expeditious manner. The Commission, 

therefore, believes that good cause 

exists, consistent with Section 6(b)(5)14

and Section 19(b)15 of the Act, to 

accelerate approval of Amendment No 

3.

IV. Solicitation of Comments 

Concerning Amendment No. 3 

Interested persons are invited to 

submit written data, views, and 

arguments concerning Amendment No. 

3, including whether it 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–PCX–2003–64 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Jonathan G. Katz, Secretary, 

Securities and Exchange Commission, 

450 Fifth Street, NW, Washington, DC 

20549–0609.

All submissions should refer to File 

Number SR–PCX–2003–64. 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 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 

Number SR–PCX–2003–64 and should 

be submitted on or before October 28, 

2004. 

V. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,16 that the 

proposed rule change (File No. SR–

PCX–2003–64) and Amendments No. 1 

and 2 thereto are approved, and that 

Amendments No. 3, 4 and 5 thereto are 

approved on an accelerated basis.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.17

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. E4–2528 Filed 10–6–04; 8:45 am] 

BILLING CODE 8010–01–P

SMALL BUSINESS ADMINISTRATION

Small Business Size Standards: 

Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Notice of termination of waiver 

of the Nonmanufacturer Rule for Paint 

and Paint Manufacturing. 

SUMMARY: The U. S. Small Business 

Administration (SBA) is terminating the 

waiver of the Nonmanufacturer Rule for 

Paint and Paint Manufacturing based on 

our recent discovery of a small business 

manufacturer for this class of products. 

Terminating this waiver will require 

recipients of contracts set aside for 

small or 8(a) businesses to provide the 

products of small business 

manufacturers or process on such 

contracts.

DATES: This termination of waiver is 

effective on October 22, 2004.

FOR FURTHER INFORMATI0N CONTACT:

Edith Butler, Program Analyst, by 

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

(202) 205–7280; or by e-mail at 

edith.butler@sba.gov.

Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Notices 60209

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 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 121.1204, 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 received a request on June 

29, 2004 to waive the Nonmanufacturer 

Rule for Paint and Paint Manufacturing. 

In response, on July 28, 2004, SBA 

published in the Federal Register, and 

FedBizOpps notices of intent to the 

waiver of the Nonmanufacturer Rule for 

Paint and Paint Manufacturing. In 

responses to these notices, SBA 

discovered the existence of a small 

business manufacturer of that class of 

products. Accordingly, based on the 

available information, SBA has 

determined that there is a small 

business manufacturer of this class of 

products, and is therefore terminating 

the class waiver of the Nonmanufacturer 

Rule for Paint and Paint Manufacturing, 

NAICS 325510.

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

Dated: October 4, 2004. 

Emily Murphy, 

Acting Associate Administrator for 

Government Contracting.

[FR Doc. 04–22580 Filed 10–6–04; 8:45 am] 

BILLING CODE 8025–01–P

DEPARTMENT OF STATE

[Public Notice 4854] 

Bureau of Educational and Cultural 

Affairs (ECA) Request for Grant 

Proposals: Educational Adviser 

Training and Support Services 

Announcement Type: New 

Cooperative Agreement. 

Funding Opportunity Number: ECA/

A/S/A–05–05. 

Catalog of Federal Domestic 

Assistance Number: 00.000. 

Key Dates: January 1, 2005 to 

December 31, 2005. 

Application Deadline: Friday, 

November 22, 2004. 

Executive Summary: The Educational 

Information and Resources Branch of 

the Office of Global Educational 

Programs in the Bureau of Educational 

and Cultural Affairs announces an open 

competition for Educational Adviser 

Training and Support Services. Public 

and private non-profit organizations 

meeting the provisions described in 

Internal Revenue Code Section 26 

U.S.C. 501(c)(3) may submit proposals 

to develop training programs and 

provide support services for the 

following: 

1. Department of State-Affiliated 

Overseas Educational Advisers 

Overseas educational advisers provide 

accurate and objective information to 

foreign audiences on U.S. study 

opportunities at accredited academic 

institutions and guide students and 

professionals in selecting a program 

appropriate to their needs. 

2. Regional Educational Advising 

Coordinators 

Regional Educational Advising 

Coordinators (REAC) provide training 

and needs assessment and serve as the 

chief resource to centers in their regions 

on advising and other educational 

issues. 

Project proposals should be structured 

to focus on the following: 

1. Short-term training for mid- and 

senior-level advisers. 

2. Logistical support services for 

Regional Educational Advising 

Coordinators and educational advisers 

attending the national NAFSA: 

Association of International Educators 

conference in Seattle in May 2005. 

The Department anticipates awarding 

one grant to administer this program. 

The training component of the 

proposal should include a U.S.-Based 

Training program (USBT) for mid-level 

advisers and Professional Advising 

Leadership (PAL) fellowships for seniorlevel advisers. 

The USBT for mid-level educational 

advisers should be approximately three 

weeks in duration in Fall 2005 and must 

include workshops on advising issues of 

concern, visits to a variety of U.S. 

academic institutions outside of the 

Washington, DC metropolitan area and 

attendance at a regional NAFSA: 

Association of International Educators 

conference or similar professional 

development opportunity. 

Professional Advising Leadership 

(PAL) projects for senior-level advisers 

may take place three times throughout 

2005 and include four advisers in each 

group. Advisers applying for a PAL 

fellowship will have at least four years 

of advising experience. Applicants will 

formulate a proposal outlining a project 

that will be of benefit to the adviser’s 

center, region and the profession as a 

whole.

The Support Services portion of the 

program will include providing 

logistical support for the following 

activities in May/June 2005: 

1. Regional Educational Advising 

Coordinators (REAC) Meeting 

Support will include making 

arrangements for lodging and other 

activities for up to eight REACs and 

Educational Information and Resources 

Branch (ECA/A/S/A) program staff for 

five days of consultations in 

Washington, DC before the 2005 NAFSA 

Conference to be held May 29–June 3, 

2005 in Seattle, Washington, 

2. PAL Meeting 

Support will include making 

arrangements for meetings with REACs, 

PAL Fellows and Branch program 

officers after the NAFSA conference in 

Seattle. 

3. Educational Adviser Pre-NAFSA 

Conference Campus Visits/Conference 

Attendance 

Support will include (a) making hotel 

reservations for advisers not 

participating in the USBT and PAL 

programs and (b) providing grants to 

advisers for conference attendance and 

to the ECA/A/S/A-designated campus 

liaison coordinator for administration of 

pre-conference campus visits. 

I. Funding Opportunity Description 

Authority 

Overall grant making authority for 

this program is contained in the Mutual 

Educational and Cultural Exchange Act 

of 1961, Public Law 87–256, as 

amended, also known as the FulbrightHays Act. The purpose of the Act is ‘‘to 

enable the Government of the United 

States to increase mutual understanding 

between the people of the United States