Small Business Size Standards: Waiver of the Nonmanufacturer Rule, 19737 [E7-7454]

Download as PDF Federal Register / Vol. 72, No. 75 / Thursday, April 19, 2007 / Notices 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 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). cprice-sewell on PROD1PC66 with NOTICES AGENCY: 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 8 17 CFR 200.30–3(a)(12). VerDate Aug<31>2005 15:39 Apr 18, 2007 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 Jkt 211001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 19737 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 E:\FR\FM\19APN1.SGM 19APN1

Agencies

[Federal Register Volume 72, Number 75 (Thursday, April 19, 2007)]
[Notices]
[Page 19737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7454]


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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).

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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
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