[Federal Register Volume 74, Number 148 (Tuesday, August 4, 2009)]
[Pages 38674-38675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18584]



Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: U.S. Small Business Administration.

ACTION: Notice of Retraction of a Waiver from the Nonmanufacturer Rule 
for Product Service Code (PSC) 9130, Liquid Propellants--Petroleum 
Base, under North American Industry Classification System (NAICS) code 
324110 (Petroleum Refineries).


SUMMARY: The U. S. Small Business Administration (SBA) is proposing the 
retraction of a class waiver from the non-manufacturer rule for PSC 
9130, Liquid Propellants--Petroleum Base, NAICS 324110.

DATES: Comments must be submitted on or before August 21, 2009.

ADDRESSES: You may submit comments to Pamela M. McClam, Program 
Analyst, U.S. Small Business Administration, Office of Government 
Contracting, 409 3rd Street, SW., Suite 8800, Washington, DC 20416. A 
printout of approved class waivers can be found at http://www.sba.gov/aboutsba/sbaprograms/gc/programs/gc_waivers_nonmanufacturer.html.

FOR FURTHER INFORMATION CONTACT: Pamela M. McClam, Program Analyst, by 
telephone at (202) 205-7408; by FAX at (202) 481-4783; 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 participants in SBA's 8(a) Business 
Development (BD) 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). Section 
8(a)(17)(b)(iv) of the Act authorizes SBA

[[Page 38675]]

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.
    A class of products is defined based on the Office of Management 
and Budget's NAICS codes and the General Services Administration's 
Product and Service Code Directory. Within each six-digit NAICS code 
are subdivisions of products that can be considered for waiver. A 
request for a waiver of a class of products should refer to a specific 
subdivision, or statement of product, within a six-digit code in one of 
these manuals. A waiver of the Nonmanufacturer Rule does not waive the 
entire class of products under a specific NAICS code. The class waiver 
waives specific products within a subdivision within a NAICS code.
    Any individual or organization (government agency, business, 
association, etc.) may request a waiver for a class of products. The 
request should be in writing, addressed to the Director for Government 
Contracting and should specifically state the class (or classes) of 
products for which the waiver is sought.
    SBA is proposing to a retraction of the class waiver from the non-
manufacturer rule for PSC 9130 (Liquid Propellants--Petroleum Base) 
under NAICS code 324110. The waiver from the non-manufacturer rule for 
PSC 9130 is being retracted based on information SBA received from the 
Defense Logistics Agency, Defense Energy Support Center (DESC), Fort 
Belvoir, VA. SBA's Federal Register Notice of Intent to grant a waiver 
of the Non-Manufacturer Rule for (PSC) 9130 (Liquid Propellants--
Petroleum Base) was published on May 11, 2009. SBA finalized the waiver 
on June 8, 2009 (74 FR 27202). DESC was not aware of the notice until 
after the closing date for submission of comments. They have awarded 
prime contracts to, or received offers from, multiple small business 
refiners within the past 24 months.
    Thus the SBA is proposing a retraction of the class waiver from the 
non-manufacturer rule for PSC 9130 (Liquid Propellants--Petroleum Base) 
under NAICS code 324110.
    The public is invited to provide comments to SBA on the proposed 
retraction of the waiver within 15 days after date of publication in 
the Federal Register.

    Authority: 15 U.S.C. 634.

Jim Gambardella,
(A) Director for Government Contracting.
[FR Doc. E9-18584 Filed 8-3-09; 8:45 am]