[Federal Register Volume 78, Number 161 (Tuesday, August 20, 2013)]
[Notices]
[Pages 51263-51264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20206]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Reopen the public comment period for 78 FR 42817.

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SUMMARY: The U.S. Small Business Administration is reopening the public 
comment period for the notice to rescind a class waiver of the 
Nonmanufacturer Rule for All Other Miscellaneous Electrical Equipment 
and Component Manufacturing, North American Industry Classification 
System (NAICS) code 335999, Product Service Code (PSC) 5999, made 
available for public comment on July 17, 2013 (78 FR 42817). The public 
comment period for the notice to rescind this class waiver closed on 
August 1, 2013, and, because of a public request to reopen, is reopened 
and will close on September 19, 2013.
    The public comment period for the notice was initially published on 
July 17, 2013 (78 FR 42817,) and closed on August 1, 2013. A small 
business manufacturer requested the public comment period be reopened 
to allow submission of additional data. The SBA reviewed the request to 
reopen the public comment period and decided to grant the request. The 
public comment period shall reopen with an end September 19, 2013.

FOR FURTHER INFORMATION CONTACT: You may submit comments, identified by 
docket number SBA-2013-17035, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail/Hand Delivery/Courier: Edward Halstead, Procurement 
Analyst, U.S. Small Business Administration, 409 3rd Street SW., 8th 
floor, Washington, DC 20416.
    All comments will be posted on www.Regulations.gov. If you wish to 
include within your comment confidential business information (CBI) as 
defined in the Privacy and Use Notice/User Notice at 
www.Regulations.gov and you do not want that information disclosed, you 
must submit the comment by either Mail or Hand Delivery. In the 
submission, you must highlight the information that you consider is CBI 
and explain why you believe this information should be withheld as 
confidential. SBA will make a final determination, in its sole 
discretion, as to whether the information is CBI and therefore will be 
published or withheld.

FOR FURTHER INFORMATION CONTACT: Edward Halstead, (202) 205-9885, 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Section 8(a)(17) of the Small Business Act (the Act), 15 U.S.C. 
637(a)(17), and

[[Page 51264]]

SBA's implementing regulations generally require that recipients of 
Federal supply contracts that are set aside for small businesses, Small 
Disabled Veteran Owned Small Business, Women-Owned Small Businesses, or 
Participants in the SBA's 8(a) Business Development Program provide the 
product of a domestic 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). 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 or 
received a contract from the Federal government within the last 24 
months. 13 CFR 121.1202(c). SBA defines ``class of products'' as an 
individual subdivision within a North American Industry Classification 
System (NAICS) Industry Number as established by the Office of 
Management and Budget in the NAICS Manual. 13 CFR 121.1202(d). In 
addition, SBA uses Product Service Codes (PSCs) to further identify 
particular products within the NAICS code to which a waiver would 
apply. SBA may then identify a specific item within a PSC and NAICS 
code to which a class waiver would apply.
    On July 17, 2013, SBA published a notice in the Federal Register 
announcing that SBA was considering rescinding a class waiver of the 
Nonmanufacturer Rule for All Other Miscellaneous Electrical Equipment 
and Component Manufacturing, NAICS code 355999, based on information 
submitted by a small business manufacturer of All Other Miscellaneous 
Electrical Equipment and Component Manufacturing, that has done 
business with the Federal government within the previous 24 months. 78 
FR 42817. The public comment period for the notice to rescind the class 
waiver under this NAICS code closed on August 1, 2013. This notice 
announces a reopening of the public comment period until September 19, 
2013.

Ajoy K. Sinah,
Deputy Director, Office of Government Contracting.
[FR Doc. 2013-20206 Filed 8-19-13; 8:45 am]
BILLING CODE 8025-01-P