[Federal Register Volume 74, Number 50 (Tuesday, March 17, 2009)]
[Notices]
[Pages 11398-11399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5737]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

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

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SUMMARY: The U.S. Small Business Administration (SBA) has terminated 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.

DATE: This waiver is effective April 1, 2009.

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 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 
121.1202(c).
    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. 55 Federal Register 38313 
(1990). SBA received a request on December 18, 2008, to terminate the 
waiver to the nonmanufacturer rule for Warehouse Trucks and Tractors, 
Self-Propelled, under PSC 3930. In response, on

[[Page 11399]]

February 12, 2009, SBA issued a notice of intent to terminate the 
wavier of the Nonmanufacturer Rule for Warehouse Trucks and Tractors, 
Self-Propelled. Comments were received from this notice and SBA has 
determined that there are small business manufacturers, and is 
therefore terminating the waiver for Warehouse Trucks and Tractors, 
Self-Propelled, PSC 3930, under NAICS code 333319.

    Dated: March 10, 2009.
Karen C. Hontz,
Director for Government Contracting.
[FR Doc. E9-5737 Filed 3-16-09; 8:45 am]
BILLING CODE 8025-01-P