82 FR 13704 - Small Business Size Standards: Waiver of the Nonmanufacturer Rule

SMALL BUSINESS ADMINISTRATION

Federal Register Volume 82, Issue 48 (March 14, 2017)

Page Range		13704-13705
FR Document		2017-04920

The U.S. Small Business Administration (SBA) is considering terminating a class waiver to the Nonmanufacturer Rule (NMR) for ``Gloves, rubber (e.g., electrician's, examination, household-type, surgeon's), manufacturing''. On October 27, 2016, SBA received a request to terminate the current class waiver to the NMR for ``Gloves, rubber (e.g., electrician's, examination, household-type, surgeon's), manufacturing'' under North American Industry Classification System (NAICS) code 339113 (Surgical Appliance and Supplies Manufacturing), Product Service Code (PSC) 9320 (Rubber Fabricated Materials). According to the request, there is a small business manufacturer available to participate in the Federal market for this class of product. The requester provided evidence that this small business manufacturer has submitted offers on solicitations for government contracts within the last 24 months. Thus, SBA is seeking comment on the termination of the class waiver for ``Gloves, rubber (e.g., electrician's, examination, household-type, surgeon's), manufacturing.'' An awardee of a Federal small business set-aside contract valued over $150,000, service-disabled veteran-owned small business contract, HUBZone contract, women-owned small business contract, or 8(a) contract must provide its own product or the product of a small business manufacturer, unless a waiver is in place. If the class waiver is terminated, small business dealers will no longer be able to provide the product of any manufacturer regardless of size on contracts of those types for ``Gloves, rubber (e.g., electrician's, examination, household-type, surgeon's), manufacturing,'' unless a Federal Contracting Officer obtains an individual waiver to the NMR.

Federal Register, Volume 82 Issue 48 (Tuesday, March 14, 2017)

[Federal Register Volume 82, Number 48 (Tuesday, March 14, 2017)]
[Notices]
[Pages 13704-13705]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04920]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Waiver of the Nonmanufacturer Rule

AGENCY: Small Business Administration.

ACTION: Notice of intent to terminate the class waiver to the 
Nonmanufacturer Rule for Rubber Gloves.

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SUMMARY: The U.S. Small Business Administration (SBA) is considering 
terminating a class waiver to the Nonmanufacturer Rule (NMR) for 
``Gloves, rubber (e.g., electrician's, examination, household-type, 
surgeon's), manufacturing''. On October 27, 2016, SBA received a 
request to terminate the current class waiver to the NMR for ``Gloves, 
rubber (e.g., electrician's, examination, household-type, surgeon's), 
manufacturing'' under North American Industry Classification System 
(NAICS) code 339113 (Surgical Appliance and Supplies Manufacturing), 
Product Service Code (PSC) 9320 (Rubber Fabricated Materials). 
According to the request, there is a small business manufacturer 
available to participate in the Federal market for this class of 
product. The requester provided evidence that this small business 
manufacturer has submitted offers on solicitations for government 
contracts within the last 24 months.
    Thus, SBA is seeking comment on the termination of the class waiver 
for ``Gloves, rubber (e.g., electrician's, examination, household-type, 
surgeon's), manufacturing.'' An awardee of a Federal small business 
set-aside contract valued over $150,000, service-disabled veteran-owned 
small business contract, HUBZone contract, women-owned small business 
contract, or 8(a) contract must provide its own product or the product 
of a small business manufacturer, unless a waiver is in place. If the 
class waiver is terminated, small business dealers will no longer be 
able to provide the product of any manufacturer regardless of size on 
contracts of those types for ``Gloves, rubber (e.g., electrician's, 
examination, household-type, surgeon's), manufacturing,'' unless a 
Federal Contracting Officer obtains an individual waiver to the NMR.

DATES: Comments and source information must be submitted on or before 
March 29, 2017.

ADDRESSES: You may submit comments and source information via the 
Federal Rulemaking Portal at https://www.regulations.gov under Docket 
ID SBA-2017-0002. If you wish to submit confidential business 
information (CBI) as defined in the User Notice at http://www.regulations.gov, please submit the information to Roman Ivey, 
Program Analyst, 409 Third Street SW., Washington, DC 20416, and 
highlight the information that you consider to be CBI and explain why 
you believe this information should be held confidential. SBA will 
review the information and make a final determination as to whether or 
not the information will be published.

[[Page 13705]]


FOR FURTHER INFORMATION CONTACT: Roman Ivey, Program Analyst, by 
telephone at 202-401-1420; or by email at [email protected].

SUPPLEMENTARY INFORMATION: Section 8(a)(17) and 46 of the Small 
Business Act (Act), 15 U.S.C. 637(a)(17) and 657, and SBA's 
implementing regulations require that recipients of Federal supply 
contracts set aside for small businesses (except those valued between 
$3,500 and $150,000), service-disabled veteran-owned small businesses 
(SDVOSBs), women-owned small businesses (WOSBs), economically 
disadvantaged women-owned small businesses (EDWOSBs), or participants 
in the 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 (NMR). 
13 CFR 121.406(b). Sections 8(a)(17)(B)(iv)(II) and 46(a)(4)(B) of the 
Act authorize SBA to waive the NMR for a ``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(a)(7), SBA 
will periodically review existing class waivers to the NMR in order to 
determine whether small business manufacturers or processors have 
become available to participate in the Federal market. Upon receipt of 
information that such a small business manufacturer or processor 
exists, the SBA will announce its intent to terminate the NMR waiver 
for a class of products. 13 CFR 121.1204(a)(7)(ii).
    On April 8, 2008, SBA issued a Notice of Intent to waive the NMR 
for Safety Zone Rubber Gloves Manufacturing under NAICS 339113 
(Surgical Appliance and Supplies Manufacturing), and identified PSC 
9999, the code for miscellaneous items. 73 FR 19132. SBA did not 
receive any comments, and on May 1, 2008, SBA issued a class waiver for 
Safety Zone Rubber Gloves Manufacturing. 73 FR 24101. On October 27, 
2016, SBA received a request to terminate the NMR waiver for ``Gloves, 
rubber (e.g., electrician's, examination, household-type, surgeon's), 
manufacturing'' under NAICS code 339113 (Surgical Appliance and 
Supplies Manufacturing), PSC 9320 (Rubber Fabricated Materials). The 
change of item description and PSC is in accordance with SBA's most 
recent list of current class waivers to the NMR. The requester has 
provided evidence that there is a small business that manufactures 
Rubber Gloves in the United States. SBA has confirmed that this small 
business manufacturer has submitted bids on Federal solicitations 
within the last 24 months. Thus, SBA is proposing to terminate the 
class waiver for rubber gloves manufacturing. The public is invited to 
comment or provide source information to SBA on the proposed 
termination of the NMR waiver for this class of products.
    More information on the NMR and Class Waivers can be found at 
https://www.sba.gov/contracting/contracting-officials/non-manufacturer-rule/non-manufacturer-waivers.

Se[aacute]n F. Crean,
Director, Office of Government Contracting.
[FR Doc. 2017-04920 Filed 3-13-17; 8:45 am]
 BILLING CODE 8025-01-P

13704 Federal Register / Vol. 82, No. 48 / Tuesday, March 14, 2017 / Notices

classes of market participants and may, Paper Comments Nonmanufacturer Rule (NMR) for
in fact, encourage competition. • Send paper comments in triplicate ‘‘Gloves, rubber (e.g., electrician’s,
The Exchange notes that it operates in to Brent J. Fields, Secretary, Securities examination, household-type,
a highly competitive market in which and Exchange Commission, 100 F Street surgeon’s), manufacturing’’. On October
market participants can readily favor NE., Washington, DC 20549–1090. 27, 2016, SBA received a request to
competing venues. In such an terminate the current class waiver to the
All submissions should refer to File
environment, the Exchange must NMR for ‘‘Gloves, rubber (e.g.,
Number SR–NYSEArca-2017–25. This
continually review, and consider electrician’s, examination, household-
file number should be included on the
adjusting, its fees and credits to remain type, surgeon’s), manufacturing’’ under
subject line if email is used. To help the
competitive with other exchanges. For North American Industry Classification
Commission process and review your
the reasons described above, the System (NAICS) code 339113 (Surgical
comments more efficiently, please use
Exchange believes that the proposed Appliance and Supplies
only one method. The Commission will
rule change reflects this competitive Manufacturing), Product Service Code
post all comments on the Commission’s
environment. (PSC) 9320 (Rubber Fabricated
Internet Web site (http://www.sec.gov/
Materials). According to the request,
C. Self-Regulatory Organization’s rules/sro.shtml). Copies of the
there is a small business manufacturer
Statement on Comments on the submission, all subsequent
available to participate in the Federal
Proposed Rule Change Received From amendments, all written statements
market for this class of product. The
Members, Participants, or Others with respect to the proposed rule
requester provided evidence that this
No written comments were solicited change that are filed with the
small business manufacturer has
or received with respect to the proposed Commission, and all written
submitted offers on solicitations for
rule change. communications relating to the
government contracts within the last 24
proposed rule change between the
III. Date of Effectiveness of the months.
Commission and any person, other than
Proposed Rule Change and Timing for those that may be withheld from the Thus, SBA is seeking comment on the
Commission Action public in accordance with the termination of the class waiver for
provisions of 5 U.S.C. 552, will be ‘‘Gloves, rubber (e.g., electrician’s,
The foregoing rule change is effective
available for Web site viewing and examination, household-type,
upon filing pursuant to Section
printing in the Commission’s Public surgeon’s), manufacturing.’’ An awardee
19(b)(3)(A) 13 of the Act and
Reference Room, 100 F Street NE., of a Federal small business set-aside
subparagraph (f)(2) of Rule 19b–4 14
Washington, DC 20549 on official contract valued over $150,000, service-
thereunder, because it establishes a due,
business days between the hours of disabled veteran-owned small business
fee, or other charge imposed by the
10:00 a.m. and 3:00 p.m. Copies of such contract, HUBZone contract, women-
Exchange.
At any time within 60 days of the filing also will be available for owned small business contract, or 8(a)
filing of such proposed rule change, the inspection and copying at the principal contract must provide its own product
Commission summarily may office of the Exchange. All comments or the product of a small business
temporarily suspend such rule change if received will be posted without change; manufacturer, unless a waiver is in
it appears to the Commission that such the Commission does not edit personal place. If the class waiver is terminated,
action is necessary or appropriate in the identifying information from small business dealers will no longer be
public interest, for the protection of submissions. You should submit only able to provide the product of any
investors, or otherwise in furtherance of information that you wish to make manufacturer regardless of size on
the purposes of the Act. If the available publicly. All submissions contracts of those types for ‘‘Gloves,
Commission takes such action, the should refer to File Number SR– rubber (e.g., electrician’s, examination,
Commission shall institute proceedings NYSEArca–2017–25, and should be household-type, surgeon’s),
under Section 19(b)(2)(B) 15 of the Act to submitted on or before April 4, 2017. manufacturing,’’ unless a Federal
determine whether the proposed rule Contracting Officer obtains an
For the Commission, by the Division of
change should be approved or Trading and Markets, pursuant to delegated
individual waiver to the NMR.
disapproved. authority.16 DATES: Comments and source
Eduardo A. Aleman, information must be submitted on or
IV. Solicitation of Comments
Assistant Secretary. before March 29, 2017.
Interested persons are invited to [FR Doc. 2017–04923 Filed 3–13–17; 8:45 am]
submit written data, views, and ADDRESSES: You may submit comments
arguments concerning the foregoing,
BILLING CODE 8011–01–P and source information via the Federal
including whether the proposed rule Rulemaking Portal at https://
change is consistent with the Act. www.regulations.gov under Docket ID
SMALL BUSINESS ADMINISTRATION SBA–2017–0002. If you wish to submit
Comments may be submitted by any of
the following methods: confidential business information (CBI)
Small Business Size Standards: as defined in the User Notice at http://
Electronic Comments Waiver of the Nonmanufacturer Rule www.regulations.gov, please submit the
• Use the Commission’s Internet AGENCY: Small Business Administration. information to Roman Ivey, Program
Analyst, 409 Third Street SW.,
asabaliauskas on DSK3SPTVN1PROD with NOTICES

comment form (http://www.sec.gov/ ACTION: Notice of intent to terminate the
rules/sro.shtml); or class waiver to the Nonmanufacturer Washington, DC 20416, and highlight
• Send an email to rule-comments@ Rule for Rubber Gloves. the information that you consider to be
sec.gov. Please include File Number SR– CBI and explain why you believe this
NYSEArca–2017–25 on the subject line. SUMMARY: The U.S. Small Business information should be held confidential.
Administration (SBA) is considering SBA will review the information and
13 15 U.S.C. 78s(b)(3)(A). terminating a class waiver to the make a final determination as to
14 17 CFR 240.19b–4(f)(2). whether or not the information will be
15 15 U.S.C. 78s(b)(2)(B). 16 17 CFR 200.30–3(a)(12). published.

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Federal Register / Vol. 82, No. 48 / Tuesday, March 14, 2017 / Notices 13705

FOR FURTHER INFORMATION CONTACT: manufactures Rubber Gloves in the Cultural Heritage Center Web site:
Roman Ivey, Program Analyst, by United States. SBA has confirmed that http://culturalheritage.state.gov.
telephone at 202–401–1420; or by email this small business manufacturer has
at roman.ivey@sba.gov. submitted bids on Federal solicitations Mark Taplin,
SUPPLEMENTARY INFORMATION: Section within the last 24 months. Thus, SBA is Acting Assistant Secretary, Bureau of
proposing to terminate the class waiver Educational and Cultural Affairs, U.S.
8(a)(17) and 46 of the Small Business
for rubber gloves manufacturing. The Department of State.
Act (Act), 15 U.S.C. 637(a)(17) and 657,
public is invited to comment or provide [FR Doc. 2017–04960 Filed 3–13–17; 8:45 am]
and SBA’s implementing regulations
require that recipients of Federal supply source information to SBA on the BILLING CODE 4710–05–P

contracts set aside for small businesses proposed termination of the NMR
(except those valued between $3,500 waiver for this class of products.
and $150,000), service-disabled veteran- More information on the NMR and DEPARTMENT OF STATE
owned small businesses (SDVOSBs), Class Waivers can be found at https://
women-owned small businesses www.sba.gov/contracting/contracting- [Public Notice 9904]
(WOSBs), economically disadvantaged officials/non-manufacturer-rule/non-
women-owned small businesses manufacturer-waivers. Proposal To Extend Cultural Property
(EDWOSBs), or participants in the Agreement Between the United States
Seán F. Crean, and Guatemala
SBA’s 8(a) Business Development (BD)
program provide the product of a small Director, Office of Government Contracting.
business manufacturer or processor, if [FR Doc. 2017–04920 Filed 3–13–17; 8:45 am] AGENCY: Department of State.
the recipient is other than the actual BILLING CODE 8025–01–P
ACTION: Notice.
manufacturer or processor of the
product. This requirement is commonly SUMMARY: The Government of the
referred to as the Nonmanufacturer Rule
DEPARTMENT OF STATE Republic of Guatemala has informed the
(NMR). 13 CFR 121.406(b). Sections
Government of the United States of
8(a)(17)(B)(iv)(II) and 46(a)(4)(B) of the
Act authorize SBA to waive the NMR for [Public Notice 9903] America of its interest in an extension
a ‘‘class of products’’ for which there are of the Memorandum of Understanding
no small business manufacturers or Proposal To Extend Cultural Property Between the Government of the United
processors available to participate in the Agreement Between the United States States of America and the Government
Federal market. and Belize of the Republic of Guatemala
As implemented in SBA’s regulations Concerning the Imposition of Import
at 13 CFR 121.1204(a)(7), SBA will AGENCY: Department of State. Restrictions on Archaeological Material
periodically review existing class ACTION: Notice. from the Pre-Columbian Cultures and
waivers to the NMR in order to Ecclesiastical Ethnological Material
determine whether small business SUMMARY: The Government of Belize has from the Conquest and Colonial Periods
manufacturers or processors have informed the Government of the United of Guatemala.
become available to participate in the States of America of its interest in an
FOR FURTHER INFORMATION CONTACT: The
Federal market. Upon receipt of extension of the Memorandum of
Understanding between the Government Cultural Heritage Center, Bureau of
information that such a small business
manufacturer or processor exists, the of United States of America and the Educational and Cultural Affairs: 202–
SBA will announce its intent to Government of Belize Concerning the 632–6301; CulProp@state.gov.
terminate the NMR waiver for a class of Imposition of Import Restrictions on SUPPLEMENTARY INFORMATION: Pursuant
products. 13 CFR 121.1204(a)(7)(ii). Categories of Archaeological Material to the authority delegated to the
On April 8, 2008, SBA issued a Notice Representing the Cultural Heritage of Assistant Secretary of State for
of Intent to waive the NMR for Safety Belize from the Pre-Ceramic Educational and Cultural Affairs, and
Zone Rubber Gloves Manufacturing (Approximately 9000 B.C.), Pre-Classic, pursuant to 19 U.S.C. 2602(f)(1), the
under NAICS 339113 (Surgical Classic, and Post-Classic Periods of the Department proposes an extension of
Appliance and Supplies Pre-Columbian Era through the Early the Memorandum of Understanding
Manufacturing), and identified PSC and Late Colonial Periods.
with the Government of Guatemala.
9999, the code for miscellaneous items. FOR FURTHER INFORMATION CONTACT: The
73 FR 19132. SBA did not receive any A copy of the Memorandum of
Cultural Heritage Center, Bureau of Understanding, the Designated List of
comments, and on May 1, 2008, SBA Educational and Cultural Affairs: 202–
issued a class waiver for Safety Zone categories of material restricted from
632–6301; CulProp@state.gov.
Rubber Gloves Manufacturing. 73 FR import into the United States, and
24101. On October 27, 2016, SBA SUPPLEMENTARY INFORMATION: Pursuant related information can be found at the
received a request to terminate the NMR to the authority delegated to the Cultural Heritage Center Web site:
waiver for ‘‘Gloves, rubber (e.g., Assistant Secretary of State for http://culturalheritage.state.gov.
electrician’s, examination, household- Educational and Cultural Affairs, and
pursuant to 19 U.S.C. 2602(f)(1), the Mark Taplin,
type, surgeon’s), manufacturing’’ under
asabaliauskas on DSK3SPTVN1PROD with NOTICES

NAICS code 339113 (Surgical Appliance Department proposes an extension of Acting Assistant Secretary, Bureau of
and Supplies Manufacturing), PSC 9320 the Memorandum of Understanding Educational and Cultural Affairs, U.S.
(Rubber Fabricated Materials). The with the Government of Belize. Department of State.
change of item description and PSC is A copy of the Memorandum of [FR Doc. 2017–04961 Filed 3–13–17; 8:45 am]
in accordance with SBA’s most recent Understanding, the Designated List of BILLING CODE 4710–05–P
list of current class waivers to the NMR. categories of material restricted from
The requester has provided evidence import into the United States, and
that there is a small business that related information can be found at the

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Document Created: 2017-03-14 02:51:29
Document Modified: 2017-03-14 02:51:29

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of intent to terminate the class waiver to the Nonmanufacturer Rule for Rubber Gloves.
Dates		Comments and source information must be submitted on or before March 29, 2017.
Contact		Roman Ivey, Program Analyst, by telephone at 202-401-1420; or by email at [email protected]
FR Citation		82 FR 13704