82_FR_18881 82 FR 18805 - Small Business Size Standards: Termination of Nonmanufacturer Rule Class Waiver

82 FR 18805 - Small Business Size Standards: Termination of Nonmanufacturer Rule Class Waiver

SMALL BUSINESS ADMINISTRATION

Federal Register Volume 82, Issue 76 (April 21, 2017)

Page Range18805-18806
FR Document2017-08077

The U.S. Small Business Administration (SBA) is terminating a class waiver of the Nonmanufacturer Rule (NMR) for ``Gloves, rubber (e.g., electrician's, examination, household-type, surgeon's), manufacturing'' based on SBA's discovery of small business manufacturers. Terminating this waiver will require recipients of Federal contracts (except those valued between $3,500 and $150,000) set aside for small business, service-disabled veteran-owned small business (SDVOSB), women-owned small business (WOSB), economically disadvantaged women-owned small business (EDWOSB), or participants in the SBA's 8(a) Business Development (BD) program, to provide the products of small business manufacturers or processors on such contracts for rubber gloves, unless a Federal Contracting Officer obtains an individual waiver to the NMR.

Federal Register, Volume 82 Issue 76 (Friday, April 21, 2017)
[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18805-18806]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08077]


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SMALL BUSINESS ADMINISTRATION


Small Business Size Standards: Termination of Nonmanufacturer 
Rule Class Waiver

AGENCY: U.S. Small Business Administration.

ACTION: Notice of termination of the class waiver to the 
nonmanufacturer rule for rubber gloves.

-----------------------------------------------------------------------

SUMMARY: The U.S. Small Business Administration (SBA) is terminating a 
class waiver of the Nonmanufacturer Rule (NMR) for ``Gloves, rubber 
(e.g., electrician's, examination, household-type, surgeon's), 
manufacturing'' based on SBA's discovery of small business 
manufacturers. Terminating this waiver will require recipients of 
Federal contracts (except those valued between $3,500 and $150,000) set 
aside for small business, service-disabled veteran-owned small business 
(SDVOSB), women-owned small business (WOSB), economically disadvantaged 
women-owned small business (EDWOSB), or participants in the SBA's 8(a) 
Business Development (BD) program, to provide the products of small 
business manufacturers or processors on such contracts for rubber 
gloves, unless a Federal Contracting Officer obtains an individual 
waiver to the NMR.

DATES: This action is effective May 8, 2017.

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 (except those valued between $3,500 and $150,000) set aside 
for small business, service-disabled veteran-owned small business 
(SDVOSB), women-owned small business (WOSB), economically disadvantaged 
women-owned small business (EDWOSB), 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). Unless public 
comment reveals that no small business manufacturer exists for the 
class of products in question, SBA will publish a final Notice of 
Termination in the Federal Register. 13 CFR 121.1204(a)(7)(iii).
    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). The requester provided 
evidence that there is a small business manufacturer that has submitted 
offers on solicitations for government contracts within the last 24 
months. SBA issued a Federal Register notice of its intent to terminate 
the class waiver on March 14, 2017, 82 FR 13704. In response to this 
notice, SBA did not receive any comments from the public.
    As a result of this NMR class waiver termination, under a small 
business set-aside, small business dealers are no longer able to 
provide the product of an other than small manufacturer on contracts of 
those types for ``Gloves, rubber (e.g., electrician's, examination, 
household-type, surgeon's), manufacturing,'' unless a Federal

[[Page 18806]]

Contracting Officer obtains an individual waiver to the NMR.
    Therefore, SBA is retracting the NMR class waiver previously 
granted for Rubber Gloves, identified under PSC 9320 and NAICS code 
339113.
    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. 2017-08077 Filed 4-20-17; 8:45 am]
BILLING CODE 8025-01-P



                                                                                   Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices                                              18805

                                                information that you wish to make                                                                      Percent     $3,500 and $150,000) set aside for small
                                                available publicly. All submissions                                                                                business, service-disabled veteran-
                                                should refer to File No. SR–CBOE–                         Businesses and Small Agricultural                        owned small business (SDVOSB),
                                                2017–030, and should be submitted on                        Cooperatives Without Credit                            women-owned small business (WOSB),
                                                or before May 12, 2017.                                     Available Elsewhere ..................         3.125   economically disadvantaged women-
                                                                                                          Non-Profit Organizations Without                         owned small business (EDWOSB), or
                                                  For the Commission, by the Division of                    Credit Available Elsewhere .......             2.625
                                                Trading and Markets, pursuant to delegated                                                                         participants in the SBA’s 8(a) Business
                                                authority.10                                                                                                       Development (BD) program provide the
                                                                                                            The number assigned to this disaster
                                                Brent J. Fields,                                                                                                   product of a small business
                                                                                                          for economic injury is 151060.
                                                Secretary.                                                                                                         manufacturer or processor, if the
                                                                                                            The States which received an EIDL
                                                                                                                                                                   recipient is other than the actual
                                                [FR Doc. 2017–08059 Filed 4–20–17; 8:45 am]               Declaration # are Oregon, Washington.
                                                                                                                                                                   manufacturer or processor of the
                                                BILLING CODE 8011–01–P                                    (Catalog of Federal Domestic Assistance                  product. This requirement is commonly
                                                                                                          Number 59002)                                            referred to as the Nonmanufacturer Rule
                                                                                                            Dated: April 11, 2017.                                 (NMR). 13 CFR 121.406(b). Sections
                                                SMALL BUSINESS ADMINISTRATION                             Linda E. McMahon,                                        8(a)(17)(B)(iv)(II) and 46(a)(4)(B) of the
                                                                                                          Administrator.                                           Act authorize SBA to waive the NMR for
                                                                                                          [FR Doc. 2017–07792 Filed 4–20–17; 8:45 am]
                                                                                                                                                                   a ‘‘class of products’’ for which there are
                                                [Disaster Declaration #15106]
                                                                                                                                                                   no small business manufacturers or
                                                                                                          BILLING CODE 8025–01–P
                                                Oregon Disaster #OR–00085                                                                                          processors available to participate in the
                                                Declaration of Economic Injury                                                                                     Federal market.
                                                                                                          SMALL BUSINESS ADMINISTRATION                               As implemented in SBA’s regulations
                                                AGENCY: U.S. Small Business                                                                                        at 13 CFR 121.1204(a)(7), SBA will
                                                Administration.                                           Small Business Size Standards:                           periodically review existing class
                                                ACTION: Notice.                                           Termination of Nonmanufacturer Rule                      waivers to the NMR in order to
                                                                                                          Class Waiver                                             determine whether small business
                                                SUMMARY:   This is a notice of an                                                                                  manufacturers or processors have
                                                Economic Injury Disaster Loan (EIDL)                      AGENCY:   U.S. Small Business                            become available to participate in the
                                                declaration for the State of Oregon,                      Administration.                                          Federal market. Upon receipt of
                                                dated 04/11/2017.                                         ACTION: Notice of termination of the                     information that such a small business
                                                  Incident: Severe Winter Storm.                          class waiver to the nonmanufacturer                      manufacturer or processor exists, the
                                                  Incident Period: 01/08/2017 through                     rule for rubber gloves.                                  SBA will announce its intent to
                                                01/20/2017.                                                                                                        terminate the NMR waiver for a class of
                                                                                                          SUMMARY:   The U.S. Small Business                       products. 13 CFR 121.1204(a)(7)(ii).
                                                DATES: Effective 04/11/2017.
                                                                                                          Administration (SBA) is terminating a                    Unless public comment reveals that no
                                                  EIDL Loan Application Deadline Date:
                                                                                                          class waiver of the Nonmanufacturer                      small business manufacturer exists for
                                                01/11/2018.
                                                                                                          Rule (NMR) for ‘‘Gloves, rubber (e.g.,                   the class of products in question, SBA
                                                ADDRESSES: Submit completed loan                          electrician’s, examination, household-                   will publish a final Notice of
                                                applications to: U.S. Small Business                      type, surgeon’s), manufacturing’’ based                  Termination in the Federal Register. 13
                                                Administration, Processing and                            on SBA’s discovery of small business                     CFR 121.1204(a)(7)(iii).
                                                Disbursement Center, 14925 Kingsport                      manufacturers. Terminating this waiver                      On October 27, 2016, SBA received a
                                                Road, Fort Worth, TX 76155.                               will require recipients of Federal                       request to terminate the current class
                                                FOR FURTHER INFORMATION CONTACT: A                        contracts (except those valued between                   waiver to the NMR for ‘‘Gloves, rubber
                                                Escobar, Office of Disaster Assistance,                   $3,500 and $150,000) set aside for small                 (e.g., electrician’s, examination,
                                                U.S. Small Business Administration,                       business, service-disabled veteran-                      household-type, surgeon’s),
                                                409 3rd Street SW., Suite 6050,                           owned small business (SDVOSB),                           manufacturing’’ under North American
                                                Washington, DC 20416. Telephone:                          women-owned small business (WOSB),                       Industry Classification System (NAICS)
                                                (202) 205–6098.                                           economically disadvantaged women-                        code 339113 (Surgical Appliance and
                                                SUPPLEMENTARY INFORMATION: Notice is                      owned small business (EDWOSB), or                        Supplies Manufacturing), Product
                                                hereby given that as a result of the                      participants in the SBA’s 8(a) Business                  Service Code (PSC) 9320 (Rubber
                                                Administrator’s EIDL declaration,                         Development (BD) program, to provide                     Fabricated Materials). The requester
                                                applications for economic injury                          the products of small business                           provided evidence that there is a small
                                                disaster loans may be filed at the                        manufacturers or processors on such                      business manufacturer that has
                                                address listed above or other locally                     contracts for rubber gloves, unless a                    submitted offers on solicitations for
                                                announced locations.                                      Federal Contracting Officer obtains an                   government contracts within the last 24
                                                  The following areas have been                           individual waiver to the NMR.                            months. SBA issued a Federal Register
                                                determined to be adversely affected by                    DATES: This action is effective May 8,                   notice of its intent to terminate the class
                                                the disaster:                                             2017.                                                    waiver on March 14, 2017, 82 FR 13704.
                                                Primary Counties: Clackamas, Hood                                                                                  In response to this notice, SBA did not
                                                                                                          FOR FURTHER INFORMATION CONTACT:                         receive any comments from the public.
                                                  River, Multnomah                                        Roman Ivey, Program Analyst, by                             As a result of this NMR class waiver
                                                Contiguous Counties:                                      telephone at 202–401–1420; or by email                   termination, under a small business set-
sradovich on DSK3GMQ082PROD with NOTICES




                                                  Oregon: Columbia, Marion, Wasco,                        at roman.ivey@sba.gov.                                   aside, small business dealers are no
                                                    Washington, Yamhill
                                                                                                          SUPPLEMENTARY INFORMATION: Section                       longer able to provide the product of an
                                                  Washington: Clark, Klickitat,
                                                                                                          8(a)(17) and 46 of the Small Business                    other than small manufacturer on
                                                    Skamania
                                                                                                          Act (Act), 15 U.S.C. 637(a)(17) and 657,                 contracts of those types for ‘‘Gloves,
                                                   The Interest Rates are:                                and SBA’s implementing regulations                       rubber (e.g., electrician’s, examination,
                                                                                                          require that recipients of Federal supply                household-type, surgeon’s),
                                                  10 17   CFR 200.30–3(a)(12).                            contracts (except those valued between                   manufacturing,’’ unless a Federal


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                                                18806                            Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices

                                                Contracting Officer obtains an                          be performed and adding certain                       PURPOSE:
                                                individual waiver to the NMR.                           protections for persons applying for,                   This computer matching agreement
                                                  Therefore, SBA is retracting the NMR                  and receiving, Federal benefits. Section
                                                                                                                                                              sets forth the terms, conditions, and
                                                class waiver previously granted for                     7201 of the Omnibus Budget
                                                Rubber Gloves, identified under PSC                                                                           safeguards under which VA/VBA will
                                                                                                        Reconciliation Act of 1990 (Pub. L. 101–
                                                9320 and NAICS code 339113.                             508) further amended the Privacy Act                  provide us with information necessary
                                                  More information on the NMR and                       regarding protections for such persons.               to: (1) Identify certain Supplemental
                                                Class Waivers can be found at https://                     The Privacy Act, as amended,                       Security Income (SSI) and Special
                                                www.sba.gov/contracting/contracting-                    regulates the use of computer matching                Veterans Benefit (SVB) recipients under
                                                officials/non-manufacturer-rule/non-                    by Federal agencies when records in a                 Title XVI and Title VIII of the Social
                                                manufacturer-waivers.                                   system of records are matched with                    Security Act (Act), respectively, who
                                                                                                        other Federal, State, or local government             receive VA-administered benefits; (2)
                                                Seán F. Crean,
                                                                                                        records. It requires Federal agencies                 determine the eligibility or amount of
                                                Director, Office of Government Contracting.             involved in computer matching                         payment for SSI and SVB recipients;
                                                [FR Doc. 2017–08077 Filed 4–20–17; 8:45 am]             programs to:                                          and (3) identify the income of
                                                BILLING CODE 8025–01–P                                     (1) Negotiate written agreements with              individuals who may be eligible for
                                                                                                        the other agency or agencies                          Medicare cost-sharing assistance
                                                                                                        participating in the matching programs;               through the Medicare Savings Programs
                                                SOCIAL SECURITY ADMINISTRATION                             (2) Obtain approval of the matching
                                                                                                                                                              as part of the agency’s Medicare
                                                                                                        agreement by the Data Integrity Boards
                                                [Docket No. SSA 2016–0057]                                                                                    outreach efforts.
                                                                                                        of the participating Federal agencies;
                                                                                                           (3) Publish notice of the computer
                                                Privacy Act of 1974; Matching Program                                                                         CATEGORIES OF INDIVIDUALS:
                                                                                                        matching program in the Federal
                                                AGENCY:    Social Security Administration               Register;                                               The individuals whose information is
                                                (SSA).                                                     (4) Furnish detailed reports about                 involved in this matching program are
                                                ACTION:Notice of a new matching                         matching programs to Congress and                     those individuals who are receiving VA
                                                program.                                                OMB;                                                  compensation or pension benefits and
                                                                                                           (5) Notify applicants and beneficiaries            SSI or SVB benefits.
                                                SUMMARY:   In accordance with the                       that their records are subject to
                                                provisions of the Privacy Act, as                       matching; and                                         CATEGORIES OF RECORDS:
                                                amended, this notice announces a new                       (6) Verify match findings before
                                                computer matching program that we are                   reducing, suspending, terminating, or                    VA will provide us with electronic
                                                currently conducting with VA/VBA.                       denying a person’s benefits or                        files containing compensation and
                                                DATES: The deadline to submit
                                                                                                        payments.                                             pension payment data. We will match
                                                                                                           We have taken action to ensure that                the VA data with our SSI/SVB payment
                                                comments on the proposed matching
                                                                                                        all of our computer matching programs                 information. We will conduct the match
                                                program is 30 days from the date of
                                                                                                        comply with the requirements of the                   using the Social Security number, name,
                                                publication of this notice. The matching
                                                                                                        Privacy Act, as amended.                              date of birth, and VA claim number on
                                                program will be effective on May 11,
                                                2017 and will expire on November 10,                    Mary Ann Zimmerman,                                   both the VA file and the Supplemental
                                                2018.                                                   Acting Executive Director, Office of Privacy          Security Record.
                                                ADDRESSES: Interested parties may                       and Disclosure, Office of the General Counsel.
                                                comment on this notice by either                                                                              SYSTEMS OF RECORDS:
                                                                                                        PARTICIPATING AGENCIES:
                                                telefaxing to (410) 966–0869, writing to                SSA and VA/VBA                                           VA will provide us with electronic
                                                Mary Ann Zimmerman, Acting                                                                                    files containing compensation and
                                                Executive Director, Office of Privacy                   AUTHORITY FOR CONDUCTING THE MATCHING
                                                                                                        PROGRAM:                                              pension payment data from its system of
                                                and Disclosure, Office of the General                                                                         records (SOR) entitled the
                                                Counsel, Social Security                                   This agreement is executed in
                                                                                                        compliance with section 1106 of the Act               ‘‘Compensation, Pension, Education,
                                                Administration, 617 Altmeyer Building,                                                                        and Vocational Rehabilitation and
                                                6401 Security Boulevard, Baltimore, MD                  (42 U.S.C. 1306), the Privacy Act of
                                                                                                        1974 (5 U.S.C. 552a), as amended by the               Employment Records—VA’’ (58VA21/
                                                21235–6401, or email at
                                                                                                        Computer Matching and Privacy                         22/28), republished with updated name
                                                Mary.Ann.Zimmerman@ssa.gov. All
                                                                                                        Protection Act of 1988, and the                       at 74 FR 14865 (April 1, 2009) and last
                                                comments received will be available for
                                                public inspection at this address.                      regulations and guidance promulgated                  amended at 77 FR 42593 (July 19, 2012).
                                                                                                        thereunder.                                           Routine use 20 of 58VA21/22/28
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                           The legal authorities for us to conduct            permits disclosure of the subject records
                                                Interested parties may submit general                   this computer matching are sections                   for matching purposes.
                                                questions about the matching program                    806(b), 1144, and 1631(e)(1)(B) and (f) of
                                                to Mary Ann Zimmerman, Acting                                                                                    We will match the VA data with SSI/
                                                                                                        the Act (42 U.S.C. 1006(b), 1320b–14,
                                                Executive Director, Office of Privacy                                                                         SVB payment information maintained
                                                                                                        and 1383(e)(1)(B) and (f)).
                                                and Disclosure, Office of the General                      The legal authority for VA to disclose             in our SOR entitled ‘‘Supplemental
                                                Counsel, by any of the means shown                      information under this agreement is                   Security Income Record and Special
                                                above.                                                  section 1631(f) of the Act (42 U.S.C.                 Veterans Benefits’’ (60–0103), last
sradovich on DSK3GMQ082PROD with NOTICES




                                                SUPPLEMENTARY INFORMATION:    The                       1383(f)), which requires Federal                      published at 71 FR 1830 (January 11,
                                                Computer Matching and Privacy                           agencies to provide such information as               2006).
                                                Protection Act of 1988 (Pub. L. 100–                    the Commissioner of Social Security                   [FR Doc. 2017–08039 Filed 4–20–17; 8:45 am]
                                                503), amended the Privacy Act (5 U.S.C.                 needs for purposes of determining                     BILLING CODE 4191–02–P
                                                552a) by describing the conditions                      eligibility for or amount of benefits, or
                                                under which computer matching                           verifying other information with respect
                                                involving the Federal government could                  thereto.


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Document Created: 2017-04-21 01:19:17
Document Modified: 2017-04-21 01:19:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of termination of the class waiver to the nonmanufacturer rule for rubber gloves.
DatesThis action is effective May 8, 2017.
ContactRoman Ivey, Program Analyst, by telephone at 202-401-1420; or by email at [email protected]
FR Citation82 FR 18805 

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