Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 28077 

These dockets are addressed on a 

consolidated basis for purposes of this 

order. Filings with respect to a 

particular contract should be filed in 

that docket. 

Interested persons may submit 

comments on whether the Postal 

Service’s contracts are consistent with 

the policies of 39 U.S.C. 3632, 3633 or 

3642. Comments are due no later than 

May 20, 2010. The public portions of 

these filings can be accessed via the 

Commission’s website (http:/// 

www.prc.gov). 

The Commission appoints John P. 

Klingenberg to serve as Public 

Representative in the captioned 

proceedings. 

III. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

Nos. CP2010–50, CP2010–51, CP2010– 

52 and CP2010–53 for consideration of 

matters raised by the Postal Service’s 

Notice. 

2. Comments by interested persons in 

these proceedings are due no later than 

May 20, 2010. 

3. Pursuant to 39 U.S.C. 505, John P. 

Klingenberg is appointed to serve as the 

officer of the Commission (Public 

Representative) to represent the 

interests of the general public in these 

proceedings. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Judith M. Grady, 

Assistant Secretary. 

[FR Doc. 2010–11942 Filed 5–18–10; 8:45 am] 

BILLING CODE 7710–FW–S 

SMALL BUSINESS ADMINISTRATION 

Small Business Size Standards: 

Waiver of the Nonmanufacturer Rule 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice of Decision not to 

proceed with issuance of a class waiver 

of the Nonmanufacturer Rule for 

Improved Outer Tactical Vests and 

related accessories under Product 

Service Code (PSC) 8470 (Armor 

Personal) under North American 

Industry Classification System (NAICS) 

code 339113 (Surgical Appliance and 

Supplies Manufacturing). 

SUMMARY: The U. S. Small Business 

Administration (SBA) will not issue a 

class waiver of the non-manufacturer 

rule for PSC 8470 (Armor Personal), 

NAICS code 339113. 

DATES: A printout of approved class 

waivers can be found at http:// 

www.sba.gov/aboutsba/sbaprograms/gc/ 

programs/ 

gc_waivers_nonmanufacturer.html. 

FOR FURTHER INFORMATION CONTACT: 

Pamela M. McClam, Program Analyst, 

by telephone at (202) 205–7408; by FAX 

at (202) 481–4783; or by e-mail at 

Pamela.McClam@sba.gov. 

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, service-disabled 

veteran-owned small businesses, or 

Participants in 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. 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. 

A class of products is defined based 

on the Office of Management and 

Budget’s NAICS codes and the General 

Services Administration’s Product and 

Service Code Directory. Within each sixdigit NAICS code are subdivisions of 

products that can be considered for a 

waiver. A request for a waiver of a class 

of products should refer to a specific 

subdivision, or statement of product, 

within a six-digit NAICS code. A waiver 

of the Nonmanufacturer Rule does not 

waive the entire class of products under 

a specific NAICS code. The class waiver 

waives specific products within a 

subdivision within a NAICS code. 

Any individual or organization 

(government agency, business, 

association, etc.) may request a waiver 

for a class of products. The request 

should be in writing, addressed to the 

Director for Government Contracting 

and should specifically state the class 

(or classes) of products for which the 

waiver is sought. 

In response to a request from a 

Federal Agency, SBA proposed to issue 

a Class Waiver for Improved Outer 

Tactical Vests, PSC 8470, NAICS code 

339113, Federal Register Notice 20870. 

The SBA received multiple comments 

from small business manufacturers and 

distributors that have been awarded 

prime contracts or have submitted offers 

within the past 24 months. 

Thus, SBA will not issue a class 

waiver from the non-manufacturer rule 

for PSC 8470 (Armor Personal) under 

NAICS code 339113. 

Authority: 15 U.S.C. 634. 

Karen Hontz, 

Director for Government Contracting. 

[FR Doc. 2010–11926 Filed 5–18–10; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

Small Business Size Standards: 

Waiver of the Nonmanufacturer Rule 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice of intent to waive the 

Nonmanufacturer Rule for Herbicides, 

Insecticides, and Fungicides, under 

Product Service Code (PSC) 6840, under 

North American Industry Classification 

System (NAICS) code 325320, Pesticide 

and Other Agricultural Chemical 

Manufacturing. 

SUMMARY: The U. S. Small Business 

Administration (SBA) is considering 

granting a waiver of the 

Nonmanufacturer Rule for Herbicides, 

Insecticides, and Fungicides, under PSC 

6840, under NAICS code 325120. 

According to a request, no small 

business manufacturers supply these 

products to the Federal government. If 

granted, the waiver would allow an 

otherwise qualified small businesses to 

supply the products of any 

manufacturer on a Federal contract set 

aside for small businesses, servicedisabled veteran-owned small 

businesses, or Participants in the SBA’s 

8(a) Business Development (BD) 

Program. 

DATES: Comments and source 

information must be submitted June 3, 

2010. 

ADDRESSES: You may submit comments 

and source information to Amy Garcia, 

Program Analyst, U.S. Small Business 

Administration, Office of Government 

Contracting, 409 3rd Street, SW., Suite 

8800, Washington, DC 20416. 

FOR FURTHER INFORMATION CONTACT: 

Amy Garcia, by telephone at (202) 205– 

6842; by FAX at (202) 481–1630; or by 

e-mail at Amy.garcia@sba.gov. 

SUPPLEMENTARY INFORMATION: Section 

8(a)(17) of the Small Business Act (Act), 

15 U.S.C. 637(a)(17), and SBA’s 

implementing regulations require that 

recipients of Federal contracts set aside 

for small businesses, service-disabled 

veteran-owned small businesses, or 

Participants in the SBA’s 8(a) BD 

Program provide the product of a small 

business manufacturer or processor, if 

the recipient is other than the actual 


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