[Federal Register Volume 71, Number 37 (Friday, February 24, 2006)]
[Notices]
[Page 9632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2658]



[[Page 9632]]

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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 Waive the Nonmanufacturer Rule for certain 
Petroleum Products.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
granting a request for a waiver of the Nonmanufacturer Rule for 
Industrial Gases Manufacturing; Refinery Gases made in Petroleum 
Refineries; Cyrogenic Tanks, Heavy Gauge Metal Manufacturing; Liquid 
Oxygen Tanks Manufacturing; Liquefied Petroleum Gases (LPG) Cylinders 
Manufacturing; Bulk Storage Tanks, Heavy Gauge Metal, Manufacturing; 
Gas Storage Tanks, Heavy Gauge Metal, Manufacturing; and Cylinders, 
Pressure, Heavy Gauge Metal, Manufacturing.
    According to the request, no small business manufacturers supply 
these classes of products to the Federal government. If granted, the 
waiver would allow otherwise qualified regular dealers to supply the 
products of any domestic manufacturer on a Federal contract set aside 
for small businesses; service-disabled veteran-owned small business or 
SBA's 8(a) Business Development Program.

DATES: Comments and source information must be submitted by March 13, 
2006.

ADDRESSES: You may submit comments and source information to Edith 
Butler, Program Analyst, U.S. Small Business Administration, Office of 
Government Contracting, 409 3rd Street, SW., Suite 8800, Washington, DC 
20416.

FOR FURTHER INFORMATI0N CONTACT: Edith Butler, Program Analyst, by 
telephone at (202) 619-0422; by FAX at (202) 481-1788; 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, service-disabled veteran-
owned 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 121.1202(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 received a contract from the 
Federal government within the last 24 months. The SBA defines ``class 
of products'' based on six digit coding systems. The coding system is 
the Office of Management and Budget North American Industry 
Classification System (NAICS).
    The SBA is currently processing a request to waive the 
Nonmanufacturer Rule for Industrial Gases Manufacturing; Refinery Gases 
made in Petroleum Refineries; Cyrogenic Tanks, Heavy Gauge Metal 
Manufacturing; Liquid Oxygen Tanks Manufacturing; Liquefied Petroleum 
Gases (LPG) Cylinders Manufacturing; Bulk Storage Tanks, Heavy Gauge 
Metal, Manufacturing; Gas Storage Tanks, Heavy Gauge Metal, 
Manufacturing; and Cylinders, Pressure, Heavy Gauge Metal, 
Manufacturing. North American Industry Classification System (NAICS) 
codes 325120, 324110 and 332420. The public is invited to comment or 
provide source information to SBA on the proposed waivers of the 
Nonmanufacturer Rule for these classes of NAICS codes within 15 days 
after date of publication in the Federal Register.

    Dated: February 17, 2006.
Arthur Collins,
Deputy Associate Administrator for Government Contracting.
 [FR Doc. E6-2658 Filed 2-23-06; 8:45 am]
BILLING CODE 8025-01-P