Federal Register / Vol. 72, No. 75 / Thursday, April 19, 2007 / Notices 19737 

8 17 CFR 200.30–3(a)(12). 

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 filings 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–NSX–2006–16 and should be 

submitted on or before May 10, 2007. 

For the Commission by the Division of 

Market Regulation, pursuant to the delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–7428 Filed 4–18–07; 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 Denying a Request for a 

Waiver of the Nonmanufacturer Rule for 

Re-Refining Used Petroleum Lubricating 

Oils (MIL–PRF–2104; Type 10W, Type 

15W40, Type 30W and Type 40W). 

SUMMARY: The U.S. Small Business 

Administration (SBA) is denying the 

request for a class waiver of the 

Nonmanufacturer Rule for Re-Refining 

Used Petroleum Lubricating Oils (MIL–

PRF–2104; Type 10W, Type 15W40, 

Type 30W and Type 40W), under the 

NAICS code 324191. The basis for this 

denial is that SBA has determined that 

this request is for a product in a specific 

solicitation, rather than for a class of 

products within a subdivision within a 

North American Industry Classification, 

as is required for class waivers under 13 

CFR 121.1202(d). 

DATES: This notice is effective 

immediately. 

FOR FURTHER INFORMATI0N CONTACT: 

Sarah L. Ayers, Program Analyst, by 

telephone at (202) 205–6413; by FAX at 

(202) 292–3771; or by e-mail at 

sarah.ayers@sba.gov. 

SUPPLEMENTARY INFORMATION: The SBA 

received a request on December 12, 

2006, to waive the Nonmanufacturer 

Rule for Re-Refining Used Petroleum 

Lubricating Oils (MIL–PRF–2104; Type 

10W, Type 15W40, Type 30W and Type 

40W) prompted by a Defense Supply 

Center Richmond (DSCR) solicitation. 

In response, on January 5, 2007, SBA 

published in the Federal Register, Vol. 

72, No. 3, a notice of intent to waive the 

Nonmanufacturer Rule for Re-Refining 

Used Petroleum Lubricating Oils (MIL–

PRF–2104; Type 10W, Type 15W40, 

Type 30W and Type 40W). SBA 

explained in the notice that it was 

soliciting comments and sources of 

small business manufacturers for the 

products described in the request. SBA 

received one comment. The commenter 

indicated that one company currently 

supplies re-refined engine oils to the 

Federal government, and this same 

company also supplies several 

distributors with re-refined lubricating 

oils. The commenter also indicated the 

knowledge of two other companies that 

have supplied re-refined lubricating oils 

to the Federal market within the last 24 

months. However, these companies did 

not wish to identify themselves or their 

contracting history to SBA for review. 

Based on SBA’s review of the comments 

received, and its further examination of 

the waiver request, SBA is denying the 

requested class waiver because it does 

not seek a waiver for a ‘‘class of 

products’’ within the contemplation of 

13 CFR 121.1202(d). In particular, a 

‘‘class of products’’ for purposes of the 

class waiver procedures provided in 13 

CFR 121.1204(a), is comprised of 

products within a ‘‘subdivision under a 

NAICS Industry Number.’’ See 13 CFR 

121.1202(d). By contrast, the individual 

waiver procedures under 13 CFR 

121.1204(b) apply when a request for a 

waiver of the Nonmanufacturer Rule is 

‘‘for a product in a specific solicitation.’’

See 13 CFR 121.1203. Since the instant 

request is ‘‘for a product in a specific 

solicitation,’’ it is governed by the 

procedures for an individual waiver 

under 13 CFR 121.1204(b). According to 

that provision, only a contracting officer 

may request an individual waiver for a 

specific solicitation. 

SBA is therefore denying the instant 

request for a class waiver because it 

constitutes a request for an ‘‘individual 

waiver for a product in a specific 

solicitation,’’ which must be initiated by 

a contracting officer pursuant to 13 CFR 

121.1204(b). 

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

Arthur E. Collins, 

Acting Director for Government Contracting. 

[FR Doc. E7–7454 Filed 4–18–07; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF STATE 

[Public Notice 5780] 

Bureau of Educational and Cultural 

Affairs (ECA) Request for Grant 

Proposals: Fellowships in the Visual 

Arts, Film, and Architecture and Urban 

Design 

Announcement Type: New 

Cooperative Agreement. 

Funding Opportunity Number: ECA/ 

PE/C/CU–07–60. 

Catalog of Federal Domestic 

Assistance Number: 00.000. 

Key Dates: 

Application Deadline: May 29, 2007. 

Executive Summary: The Bureau of 

Educational and Cultural Affairs will 

award up to three Cooperative 

Agreements to support programs for 

short residency and training programs 

in the United States for emerging and 

mid-career visual artists, film artists, 

and architecture and urban design 

professionals from selected countries. 

Each Cooperative Agreement may 

support artists from one or more of the 

three categories. The foreign 

participants will be nominated by the 

Public Affairs Sections of U.S. 

Embassies, in consultation with the 

grantee. Grantees will develop 30–60 

day programs in the United States for 

the nominated participants, 

individually or in small groups. Each 

program should be built around a 

residency experience, which may be 

supplemented by other program 

elements designed to enhance and 

expand upon the activities of the 

residency. The goal of each project is to 

increase cross-cultural understanding 

internationally by providing program 

participants with an in-depth exposure 

to their professional discipline as 

practiced in the United States; outreach 

to U.S. colleagues and publics, and 

opportunities for creation and 

exhibition of their work. 

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 

and the people of other countries * * *; 

to strengthen the ties which unite us 

with other nations by demonstrating the 

educational and cultural interests, 

developments, and achievements of the 

people of the United States and other 

nations * * * and thus to assist in the 


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