[Federal Register Volume 74, Number 28 (Thursday, February 12, 2009)]
[Pages 7084-7085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2981]



Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Notice of intent to terminate the Nonmanufacturer Rule Class 
Waiver for Product Service Code (PSC) 3930, Warehouse Trucks and 
Tractors, Self-Propelled.


SUMMARY: The U.S. Small Business Administration (SBA) intends to 
terminate a waiver of the Nonmanufacturer Rule for PSC 3930, Warehouse 
Trucks and Tractors, Self-Propelled based on SBA's recent discovery of 
small business manufacturers. Terminating this waiver will require 
recipients of contracts set aside for small businesses, service-
disabled veteran-owned small businesses, or participants in SBA's 8(a) 
Business Development (BD) Program to provide the products of small 
business manufacturers or processors on such contracts.

DATES: Comments and source information must be submitted by February 
27, 2009.

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

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 
[email protected].

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

[[Page 7085]]

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) 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. 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 
    The SBA defines ``class of products'' based on a six digit coding 
system. The coding system is 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.
    SBA announced its decision to grant the waiver for PSC 3930, in the 
Federal Register on September 13, 1990. Federal Register 38313 (1990). 
SBA recently became aware of the existence of small business 
manufacturers for items within this class of product.
    For this reason, SBA intends to terminate the class waiver 
previously granted for Warehouse Trucks and Tractors, Self-Propelled, 
PSC 3930, under NAICS code 333319.
    The public is invited to comment to SBA on the proposed termination 
of the waiver of the Nonmanufacturer Rule for this class of product 
specified. All comments by the public will be duly considered by SBA in 
determining whether to finalize its intent to terminate this waiver.

    Dated: February 6, 2009.
Karen C. Hontz,
Director for Government Contracting.
[FR Doc. E9-2981 Filed 2-11-09; 8:45 am]