Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Notices 8629 

FOR FURTHER INFORMATION CONTACT: 

Carol Hulme, Program Analyst, by 

telephone at 202–205–6347; or by email 

at Carol-Ann.Hulme@sba.gov. 

SUPPLEMENTARY INFORMATION: On 

October 6, 2019, SBA received a request 

to terminate the current class waiver of 

the NMR for the products identified 

above. According to the request, there 

are small business manufacturers 

available to participate in the Federal 

marketplace for these products. 

According to the information the 

requester provided to the SBA, several 

small manufacturers have provided 

these products to the Federal agencies 

within the past 24 months. 

Based on this information, the SBA is 

seeking comment on the termination of 

the class waiver for Furniture Frames 

and Parts, Metal, Manufacturing under 

NAICS code 337215 and PSC 7195; 

Furniture Frames, Wood, Manufacturing 

under NAICS code 337215 and PSC 

7195; Furniture Parts, Finished Plastics, 

Manufacturing under NAICS code 

33725 and PSC 7195; Furniture, 

Factory-type (e.g., cabinets, stools, tool 

stands, work benches), Manufacturing 

under NAICS code 337127 and PSC 

7110; Furniture, Hospital (e.g., hospital 

beds, operating room furniture) 

Manufacturing under NAICS code 

339113 and PSC 7195; and Furniture, 

Laboratory-type (e.g., benches, cabinets, 

stools, tables) Manufacturing under 

NAICS code 339113 and PSC 7195. 

An awardee of a Federal small 

business set-aside contract valued over 

$250,000.00, service-disabled veteranowned small business contract, 

HUBZone contract, women-owned 

small business contract, or 8(a) contract 

must provide its own product or that of 

a small business manufacturer unless a 

waiver is in place. If the aboveidentified class waiver is terminated, 

small businesses will no longer be 

authorized to provide the product of any 

manufacturer regardless of size on the 

identified items, unless a Federal 

Contracting Officer obtains an 

individual waiver to the NMR. 

Sections 8(a)(17) and 46 of the Small 

Business Act (Act), 15 U.S.C. 637(a)(17) 

and 657, and SBA’s implementing 

regulations require that recipients of 

Federal supply contracts (except those 

valued between $3,500 and $250,000) 

set aside for small business, servicedisabled veteran-owned small business 

(SDVOSB), women-owned small 

business (WOSB), economically 

disadvantaged women-owned small 

business (EDWOSB), or participants in 

the SBA’s 8(a) Business Development 

(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 (NMR). 13 CFR 

121.406(b). Sections 8(a)(17)(B)(iv)(II) 

and 46(a)(4)(B) of the Act authorize SBA 

to waive the NMR for a ‘‘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 121.1202(c), 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 been awarded a 

contract to supply the class of products 

within the last 24 months. 

In accordance with the SBA’s 

regulations at 13 CFR 121.1204(a)(7), 

SBA will periodically review existing 

class waivers to the NMR to determine 

whether small business manufacturers 

or processors have become available to 

participate in the Federal market. Upon 

receipt of information that such a small 

business manufacturer or processor 

exists, the SBA will announce its intent 

to terminate the NMR waiver for a class 

of products. 13 CFR 121.1204(a)(7)(ii). 

Unless public comment reveals no small 

business exists for the class of products 

in question, SBA will publish a Final 

Notice of Termination in the Federal 

Register. 

On June 27, 2006, SBA issued a 

Notice of Intent to waive the NMR for 

Furniture Frames and Parts, Metal, 

Manufacturing under NAICS code 

337215 and PSC 7195; Furniture 

Frames, Wood, Manufacturing under 

NAICS code 337215 and PSC 7195; 

Furniture Parts, Finished Plastics, 

Manufacturing under NAICS code 

33725 and PSC 7195; Furniture, 

Factory-type (e.g., cabinets, stools, tool 

stands, work benches), Manufacturing 

under NAICS code 337127 and PSC 

7110; Furniture, Hospital (e.g., hospital 

beds, operating room furniture) 

Manufacturing under NAICS code 

339113 and PSC 7195; and Furniture, 

Laboratory-type (e.g., benches, cabinets, 

stools, tables) Manufacturing under 

NAICS code 339113 and PSC 7195. 

After the comment and notice period 

passed, SBA issued a class waiver for 

those products. 

On October 6, 2019, SBA received a 

request to terminate the previously 

issued waiver. The requester provided 

information that established the 

existence of small business 

manufacturers of the identified 

products. These small businesses have 

submitted bids on Federal solicitations 

within the past 24 months. Thus SBA is 

proposing to terminate the class waiver 

for Furniture Frames and Parts, Metal, 

Manufacturing under NAICS code 

337215 and PSC 7195; Furniture 

Frames, Wood, Manufacturing under 

NAICS code 337215 and PSC 7195; 

Furniture Parts, Finished Plastics, 

Manufacturing under NAICS code 

33725 and PSC 7195; Furniture, 

Factory-type (e.g., cabinets, stools, tool 

stands, work benches), Manufacturing 

under NAICS code 337127 and PSC 

7110; Furniture, Hospital (e.g., hospital 

beds, operating room furniture) 

Manufacturing under NAICS code 

339113 and PSC 7195; and Furniture, 

Laboratory-type (e.g., benches, cabinets, 

stools, tables) Manufacturing under 

NAICS code 339113 and PSC 7195. 

The public is invited to comment or 

provide source information on the 

proposed termination of the NMR 

waiver for these products. More 

information on the NMR and class 

waivers can be found at 

Nonmanufacturer rule (sba.gov). 

Wallace D. Sermons, II, 

Acting Director, Office of Government 

Contracting. 

[FR Doc. 2022–03201 Filed 2–14–22; 8:45 am] 

BILLING CODE P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #17338 and #17339; 

Colorado Disaster Number CO–00137] 

Presidential Declaration of a Major 

Disaster for Public Assistance Only for 

the State of Colorado 

AGENCY: Small Business Administration. 

ACTION: Notice. 

SUMMARY: This is a Notice of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of Colorado (FEMA–4634–DR), 

dated 02/09/2022. 

Incident: Wildfires and Straight-line 

Winds. 

Incident Period: 12/30/2021 through 

01/07/2022. 

DATES: Issued on 02/09/2022. 

Physical Loan Application Deadline 

Date: 04/11/2022. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 11/09/2022. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 


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8630 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Notices 

409 3rd Street SW, Suite 6050, 

Washington, DC 20416, (202) 205–6734. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

President’s major disaster declaration on 

02/09/2022, Private Non-Profit 

organizations that provide essential 

services of a governmental nature may 

file disaster loan applications at the 

address listed above or other locally 

announced locations. 

The following areas have been 

determined to be adversely affected by 

the disaster: 

Primary Counties: Boulder. 

The Interest Rates are: 

Percent 

For Physical Damage: 

Non-Profit Organizations with 

Credit Available Elsewhere ... 1.875 

Non-Profit Organizations without Credit Available Elsewhere ..................................... 1.875 

For Economic Injury: 

Non-Profit Organizations without Credit Available Elsewhere ..................................... 1.875 

The number assigned to this disaster 

for physical damage is 17338 5 and for 

economic injury is 17339 0. 

(Catalog of Federal Domestic Assistance 

Number 59008) 

Barbara Carson, 

Acting Associate Administrator for Disaster 

Assistance. 

[FR Doc. 2022–03186 Filed 2–14–22; 8:45 am] 

BILLING CODE 8026–03–P 

SMALL BUSINESS ADMINISTRATION 

[Docket No.: SBA–2020–0048] 

Termination of Nonmanufacturer Rule 

Class Waiver 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notification of intent to 

terminate the class waiver to the 

Nonmanufacturer Rule for radiology 

equipment. 

SUMMARY: The U.S. Small Business 

Administration (SBA) is considering 

terminating a class waiver of the 

Nonmanufacturer Rule (NMR) for 

irradiation apparatus manufacturing, 

computerized axial tomography (CT/ 

CAT) scanners manufacturing; CT/CAT 

(computerized axial tomography) 

scanners manufacturing; fluoroscopes 

manufacturing; fluoroscopic X-ray 

apparatus and tubes manufacturing; 

generators, X-ray, manufacturing; 

irradiation equipment manufacturing; 

X-ray generators manufacturing; and Xray irradiation equipment 

manufacturing under manufacturing 

categorized under North American 

Industry Classification System (NAICS) 

code 334517 and Product Service Code 

(PSC) 6525. An awardee of a Federal 

small business set-aside contract valued 

over $250,000.00, service-disabled 

veteran-owned small business contract, 

HUBZone contract, women-owned 

small business contract, or 8(a) contract 

must provide its own product or that of 

a small business manufacturer unless a 

waiver is in place. If the aboveidentified class waiver is terminated, 

small businesses will no longer be 

authorized to provide the product of any 

manufacturer regardless of size on the 

identified items, unless a Federal 

contracting officer obtains an individual 

waiver to the NMR. 

DATES: Comments and source 

information must be submitted on or 

before 03/09/2022. 

ADDRESSES: You may submit comments 

and source information via the Federal 

Rulemaking Portal at https://

www.regulations.gov under Docket ID 

SBA–2020–0048. If you wish to submit 

confidential business information (CBI) 

as defined in the User Notice at https:// 

www.regulations.gov, please submit the 

information to Carol Hulme, Attorney 

Advisor, Office of Government 

Contracting, U.S. Small Business 

Administration, 409 Third Street SW, 

8th Floor, Washington, DC 20416. 

Highlight the information that you 

consider to be CBI and explain why you 

believe this information should be held 

confidential. SBA will review the 

information and make a final 

determination as to whether the 

information will be published. 

FOR FURTHER INFORMATION CONTACT: 

Carol Hulme, Attorney Advisor, by 

telephone at 202–205–6347 or by email 

at Carol-Ann.Hulme@sba.gov. 

SUPPLEMENTARY INFORMATION: Section 

8(a)(17) and 46 of the Small Business 

Act (Act), 15 U.S.C. 637(a)(17) and 657s, 

and SBA’s implementing regulations, 

found at 13 CFR 121.406(b), require that 

recipients of Federal supply contracts 

issued as a small business set-aside 

(except as stated below), servicedisabled veteran-owned small business 

(SDVO SB) set-aside or sole source 

contract, Historically Underutilized 

Business Zone (HUBZone) set-aside or 

sole source contract, WOSB (womenowned small business) or economically 

disadvantaged women-owned small 

business (EDWOSB) set-aside or sole 

source contract, 8(a) set-aside or sole 

source contract, partial set-aside, or set 

aside of an order against a multiple 

award contract 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 (NMR). 13 CFR 

121.406(b). Note that the NMR does not 

apply to small business set-aside 

acquisitions with an estimated value 

between the micro-purchase threshold 

and the simplified acquisition threshold 

but continues to apply to socioeconomic 

categories over the micropurchase 

threshold. 

Sections 8(a)(17)(B)(iv)(II) and 

46(a)(4)(B) of the Act authorize SBA to 

waive the NMR for a ‘‘class of products’’ 

for which there are no small business 

manufacturers or processors available to 

participate in the Federal market. The 

SBA defines ‘‘class of products’’ based 

on a combination of (1) the six-digit 

NAICS code, (2) the four-digit PSC, and 

(3) a description of the class of products. 

As implemented in SBA’s regulations at 

13 CFR 121.1202(c), 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 been awarded a 

contract to supply the class of products 

within the last 24 months. 

In accordance with the SBA’s 

regulations at 13 CFR 121.1204(a)(7), 

SBA will periodically review existing 

class waivers to the NMR to determine 

whether small business manufacturers 

or processors have become available to 

participate in the Federal market. Upon 

receipt of information that such a small 

business manufacturer or processor 

exists, the SBA will announce its intent 

to terminate the NMR waiver for a class 

of products. 13 CFR 121.1204(a)(7)(ii). 

Unless public comment reveals no small 

business exists for the class of products 

in question, SBA will publish a Final 

Notice of Termination in the Federal 

Register. 

On October 31, 2007, the SBA 

published in the Federal Register a 

notice of intent to waiver the 

Nonmanufacturer Rule for Irradiation 

Apparatus Manufacturing (X-Ray 

Equipment and Supplies). The 

comments submitted in response failed 

to establish the existence of a small 

business manufacturer of these 

products. As such, on December 26, 

2007, after the comment and notice 

period passed, SBA issued a class 

waiver for those products effective 

January 10, 2008. That notice can be 

found at 77 FR 73057. 

On April 20, 2020, SBA received a 

request to terminate the previously 

issued waiver. The requester provided 

information that established the 


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