[Federal Register Volume 69, Number 115 (Wednesday, June 16, 2004)]
[Notices]
[Page 33690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13512]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Notice of intent to terminate waivers of the Nonmanufacturer 
Rule for General Aviation Turboprop Aircraft.

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SUMMARY: The U.S. Small Business Administration (SBA) intends to 
terminate the waiver of the Nonmanufacturer Rule for General Aviation 
Turboprop Aircraft. SBA's intent to terminate the waivers of the 
Nonmanufacturer Rule is based on our recent discovery of a small 
business manufacturer for these classes of products. Terminating these 
waiver will require recipients of contracts set aside for small 
businesses or 8(a) Business Development Program provide the products of 
small business manufacturers or processor on such contracts.

DATES: Comments and sources must be submitted on or before July 2, 
2004.

FOR FURTHER INFORMATI0N CONTACT: Edith Butler, Program Analyst, by 
telephone at (202) 619-0422; by FAX (202) 205-7280; or by e-mail at 
[email protected].

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 or SBA's 8(a) Business 
Development 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. The SBA regulations imposing this requirement are found at 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.
    As implemented in SBA's regulations at 13 CFR 121.1204, in order to 
be considered available to participate in the Federal market for a 
class of product, 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. The SBA defines ``class 
of products'' based on the six digit North American Industry 
Classification System (NAICS) and the four digit Product and Service 
Code established by the Federal Procurement Data System.
    The SBA received a request on January 12, 2004 to waive the 
Nonmanufacturer Rule for General Aviation Turboprop Aircraft. In 
response, on February 4, 2004, SBA published in the Federal Register a 
notice of intent to grant the waiver of the Nonmanufactuer Rule for 
General Aviation Turboprop Aircraft. On March 15, 2004, SBA issued a 
notice of waiver of the Nonmanufacturer Rule for General Aviation 
Turboprop Aircraft. In responses to these notices, no comments were 
received from any interested party. However, we recently discovered 
that the class of products was incorrectly classified as NAICS 441229. 
The correct NAICS code for Aircraft Manufacturing is NAICS 336411.
    This notice proposes to terminate the class waivers of the 
Nonmanufacturer Rule for General Aviation Turboprop Aircraft, NAICS 
441229.
    The public is invited to comment to SBA on the proposed termination 
of the waivers of the nonmanufacturer rule for the class of products 
specified. All comments by the public will be duly considered by SBA in 
determining whether to finalize its intent to terminate these classes 
of products.

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

    Dated: June 4, 2004.
Barry S. Meltz,
Acting Associate Administrator for Government Contracting.
[FR Doc. 04-13512 Filed 6-15-04; 8:45 am]
BILLING CODE 8025-01-P