[Federal Register Volume 74, Number 77 (Thursday, April 23, 2009)]
[Notices]
[Pages 18603-18604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9306]


-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Notice of Waiver to the Nonmanufacturer Rule for Conductor and 
Control Cable (Aluminum); Conductor and Control Cable (Copper); Truck 
Trailer; All terrain vehicles (ATVs), wheeled or tracked; Snowmobiles 
and parts; Off-road ATV, wheeled or tracked; Noncurrent-Carrying Wiring 
Device Manufacturing, i.e., dead end tees and connectors, guy strain 
and link assemblies, bolts, washers, turnbuckles, twisted clips, steel 
angle assemblies, yoke plates, compression T connectors, press dies, 
anchor shackles, Y clevis ball and Y clevis sockets, yoke plates, and 
grounding clamps.

-----------------------------------------------------------------------

SUMMARY: The U.S. Small Business Administration (SBA) is granting a 
waiver of the Nonmanufacturer Rule for Conductor and Control Cable 
(Aluminum); Conductor and Control Cable (Copper); Truck Trailer; ATV, 
wheeled or tracked; Snowmobiles and parts; Off-road All terrain 
vehicles ATV, wheeled or tracked; Noncurrent-Carrying Wiring Device 
Manufacturing, dead end tees and connectors, guy strain and link 
assemblies, bolts, washers, turnbuckles, twisted clips, steel angle 
assemblies, yoke plates, compression T connectors, press dies, anchor 
shackles, Y clevis ball and Y clevis sockets, yoke plates, and 
grounding clamps.
    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 SBA's 8(a) Business Development Program.

DATE: This waiver is effective May 8, 2009.

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 
<a href="/cdn-cgi/l/email-protection#7015141904185e1205041c1502300312115e171f06"><span class="__cf_email__" data-cfemail="f99c9d908d91d79b8c8d959c8bb98a9b98d79e968f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act 
(Act), 15 U.S.C. 637(a)(17), and SBA's implementing regulations provide 
that recipients of Federal contracts set aside for small businesses, 
service-disabled veteran-owned small businesses, or participants in the 
SBA's 8(a) Business Development Program must 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(1). The SBA defines ``class of products'' based on the Office 
of Management and Budget North American Industry Classification System 
(NAICS). In addition, SBA uses Product Service Codes (PSC) to identify 
particular products within the NAICS code to which a waiver would 
apply.
    The SBA received a request on February 13, 2009, to waive the 
Nonmanufacturer Rule for Conductor and Cable (Aluminum), NAICS code 
331319, PSC 6145; Conductor and Control Cable (Copper), NAICS code 
331422, PSC 6145; Truck Trailer Manufacturing; NAICS code 336212, PSC 
2330; ATV, wheeled or tracked, Manufacturing; Snowmobiles and parts; 
Off-road ATV and wheeled or tracked Manufacturing, NAICS code 336999, 
PSC 2330; and Noncurrent-Carrying Wiring Device Manufacturing, i.e., 
dead end tees and connectors, guy strain and link assemblies, bolts, 
washers, turnbuckles, twisted clips, steel angle assemblies, yoke 
plates, compression T connectors, press dies, anchor shackles, & clevis 
ball and & clevis sockets, yoke plates and grounding clamps, NAICS code 
335932, PSC 5975.
    On March 9, 2009, SBA published in the Federal Register a notice of 
intent

[[Page 18604]]

to waive the Nonmanufacturer Rule for the above listed items. SBA 
explained in the notice that it was soliciting comments and sources of 
small business manufacturers of these classes of products. No comments 
were received in response to this notice. SBA has determined that there 
are no small business manufacturers of these classes of products, and 
is therefore granting the waiver of the Nonmanufacturer Rule for 
Conductor and Cable (Aluminum), NAICS code 331319, PSC 6145; Conductor 
and Control Cable (Copper), NAICS code 331422, PSC 6145; Truck Trailer 
Manufacturing; NAICS code 336212, PSC 2330; ATV, wheeled or tracked, 
Manufacturing; Snowmobiles and parts; Off-road ATV and wheeled or 
tracked Manufacturing, NAICS code 336999, PSC 2330; and Noncurrent-
Carrying Wiring Device Manufacturing, i.e., dead end tees and 
connectors, guy strain and link assemblies, bolts, washers, 
turnbuckles, twisted clips, steel angle assemblies, yoke plates, 
compression T connectors, press dies, anchor shackles, & clevis ball 
and & clevis sockets, yoke plates and grounding clamps, NAICS code 
335932, PSC 5975.

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

    Dated: April 15, 2009.
Karen C. Hontz,
Director for Government Contracting.
[FR Doc. E9-9306 Filed 4-22-09; 8:45 am]
BILLING CODE 8025-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>