Small Business Size Standards: Waiver of the Nonmanufacturer Rule, 61443-61444 [2013-24210]
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Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Notices
Incident Period: 07/03/2013 through
07/13/2013.
Effective Date: 09/25/2013.
Physical Loan Application Deadline
Date: 11/25/2013.
Economic Injury (EIDL) Loan
Application Deadline Date: 06/25/2014.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
President’s major disaster declaration on
09/25/2013, Private Non-Profit
organizations that provide essential
services of governmental nature may file
disaster loan applications at the address
listed above or other locally announced
locations.
The following areas have been
determined to be adversely affected by
the disaster:
Primary Counties: Alleghany, Ashe,
Avery, Buncombe, Burke, Caldwell,
Jackson, Macon, Madison, Mitchell,
Polk, Watauga, Yancey, and the
Eastern Band of Cherokee Indians.
The Interest Rates are:
Percent
For Physical Damage:
Non-Profit Organizations With
Credit Available Elsewhere
Non-Profit
Organizations
Without Credit Available
Elsewhere ..........................
For Economic Injury:
Non-Profit
Organizations
Without Credit Available
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2.875
2.875
2.875
The number assigned to this disaster
for physical damage is 13783B and for
economic injury is 13784B.
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
James E. Rivera,
Associate Administrator for Disaster
Assistance.
[FR Doc. 2013–24207 Filed 10–2–13; 8:45 am]
tkelley on DSK3SPTVN1PROD with NOTICES
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
Small Business Size Standards:
Waiver of the Nonmanufacturer Rule
U.S. Small Business
Administration.
AGENCY:
VerDate Mar<15>2010
18:29 Oct 02, 2013
Jkt 232001
Notice of Final Action: Partial
Waiver Rescission of the
Nonmanufacturer Rule for Aerospace
Ball and Roller Bearings.
ACTION:
The U.S. Small Business
Administration (SBA) received a request
from a small business manufacturer of
Aerospace Ball and Roller Bearings to
rescind the Class Waiver of the
Nonmanufacturer Rule (NMR) for
Aerospace Ball and Roller Bearings,
under North American Industry
Classification System (NAICS) code
332991, Product Service Codes (PSC)
3110. Based on public comments and
analysis of data submitted, SBA has
determined that several small business
manufacturers of aerospace ball and
roller bearings exist for many, but not
all, of the aerospace ball and roller
bearings the Federal government
requires. As a result, SBA is partially
rescinding the Class Waiver for
aerospace ball and roller bearings and
replacing it with a class waiver for 305
aerospace ball and roller bearings. A list
of the specific 305 aerospace ball and
roller bearings can be accessed by
accessing the following URL: https://
www.sba.gov/sites/default/files/files/
NMR_WAIVED_3110_BEARING_
LIST.pdf. The partial rescission of this
class waiver will require recipients of
Federal contracts set aside for small
businesses, Service-Disabled VeteranOwned small businesses, Participants in
SBA’s 8(a) Business Development
Program, or Women-Owned Small
Businesses to provide aerospace ball
and roller bearings manufactured by
small businesses, unless an Individual
Waiver of the NMR is granted by SBA
or the required bearing is found on the
list of aerospace ball and roller bearings
for which a class waiver has been
granted, maintained by SBA at the
aforementioned URL.
DATES: This action is effective the date
of publication in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Edward Halstead, (202) 205–9885,
Edward.halstead@sba.gov.
SUPPLEMENTARY INFORMATION: Sections
8(a)(17) and 46 of the Small Business
Act (the Act) and SBA’s implementing
regulations generally require that
recipients of Federal supply contracts
that are set aside for small businesses,
Service-Disabled Veteran-Owned small
businesses, Women-Owned Small
Businesses, or Participants in the SBA’s
8(a) Business Development Program
provide the product of a domestic small
business manufacturer or processor if
the recipient is other than the actual
manufacturer or processor of the
product. 15 U.S.C. 637(a)(17), 657s; 13
SUMMARY:
PO 00000
Frm 00123
Fmt 4703
Sfmt 4703
61443
CFR 121.406(b). This requirement is
commonly referred to as the
Nonmanufacturer Rule. 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 or
received a contract from the Federal
government within the last 24 months.
See 13 CFR 121.1202(c). SBA defines
‘‘class of products’’ as an individual
subdivision within a North American
Industry Classification System (NAICS)
Code as established by the Office of
Management and Budget in the NAICS
Manual. See 13 CFR 121.1202(d). In
addition, SBA uses Product Service
Codes (PSCs) to further identify
particular products within the NAICS
code to which a waiver would apply.
SBA may then identify a specific item
within a PSC and NAICS code to which
a class waiver would apply.
On April 16, 2001, SBA granted a
class waiver for aerospace ball and
roller bearings, consisting of, but not
limited to, annular ball bearings,
cylindrical ball bearings, linear ball
bearings, linear roller bearings, needle
roller bearings, ball or roller bearing
races, roller bearings, tapered roller
bearings and thrust roller bearings,
identified within NAICS code 332991
under PSC 3110. 66 FR 19381.
Subsequently, a small business
manufacturer of roller bearings notified
SBA that their firm had lost several
aerospace ball and roller bearing
contract bids based on the existence of
the class waiver and brought to SBA’s
attention that several small business
manufacturers of roller bearing had
submitted proposals for bearings
contracts or received bearings contracts
from the Federal government within the
previous 24 months.
On April 4, 2013, SBA published a
notice in the Federal Register stating
that SBA was considering a complete
rescission of the NMR class waiver for
aerospace ball and roller bearings. 78 FR
20371. The initial public comment
period closed May 4, 2013.
Subsequently, the public comment
period was extended once and reopened
once, and closed for the final time on
June 25, 2013. Fourteen comments were
received from ten submitters.
Some commenters opposed a total
rescission of the class waiver. A small
business distributor of aerospace ball
and roller bearings expressed concern
that a total rescission would have a
E:\FR\FM\03OCN1.SGM
03OCN1
tkelley on DSK3SPTVN1PROD with NOTICES
61444
Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Notices
devastating impact on small valueadded distributers. As such, the
commenter suggested that SBA analyze
data to determine which specific
bearings, if any, are manufactured by
small manufacturers. A small businesses
manufacturer of bearings expressed
similar concern over the impact of a
complete rescission of this class waiver.
Several commenters supported the
proposal for a total rescission of the
class waiver. One commenter stated that
the class waiver has resulted in severely
limiting opportunities for small
business manufacturers of these items
and acted as a disincentive to a number
of small business manufacturers to
develop and sell products under this
category. Another commenter supported
the proposal on the basis that its
participation in the federal arena was
paramount to its continued viability.
The Defense Logistics Agency (DLA)
suggested a partial rescission of the
class waiver, based on the possible
damage to the small business dealer
base that might result from a complete
rescission of the class waiver. DLA
provided a list of bearings for which
there was no known small business
manufacturers in existence. Another
commenter expressed support for DLA’s
recommendation of a partial rescission.
The commenter noted that a partial
rescission of the class waiver would
strike the balance of meeting the
Government’s needs while stimulating
the growth and development of small
business manufacturers of aerospace
ball and roller bearings who have the
capabilities and resources to meet
standard commercial item descriptions.
The commenter further noted that a
partial rescission of the class waiver
would not only invigorate domestic
small business bearing manufacturers to
develop new procedures and abilities,
but it would also encourage others who
have been on the side lines because of
this waiver to reenter the market and
some to enter the market.
SBA considered all of the comments
and data presented by all of the
commenters. After conducting
independent market analysis, analyzing
the data submitted by DLA and small
bearing manufacturers, and considering
public comments, SBA has decided to
partially rescind the Aerospace Ball and
Roller Bearing Class Waiver and replace
it with a waiver for 305 specifically
identified aerospace ball and roller
bearings, which can be viewed at:
https://www.sba.gov/sites/default/files/
VerDate Mar<15>2010
18:29 Oct 02, 2013
Jkt 232001
files/NMR_WAIVED_3110_BEARING_
LIST.pdf.
Judith Roussel,
Director, Office of Government Contracting.
[FR Doc. 2013–24210 Filed 10–2–13; 8:45 am]
BILLING CODE 8025–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Request for Public Comments on the
Caribbean Basin Economic Recovery
Act and the Caribbean Basin Trade
Partnership Act: Report to Congress
Office of the United States
Trade Representative (USTR).
ACTION: Notice and request for public
comment.
AGENCY:
The Trade Policy Staff
Committee (TPSC) is seeking the views
of interested parties on the operation of
the Caribbean Basin Economic Recovery
Act (CBERA), as amended by the
Caribbean Basin Trade Partnership Act
(CBTPA) (19 U.S.C. 2701 et seq.).
Section 212(f) of the CBERA, as
amended, requires the President to
submit a report to Congress regarding
the operation of the CBERA and CBTPA
(together commonly referred to as the
Caribbean Basin Initiative, or CBI) on or
before December 31, 2001, and every
two years thereafter. The TPSC invites
written comments concerning the
operation of the CBI, including
comments on the performance of each
CBERA and CBTPA beneficiary country
under the criteria described in sections
212(b), 212(c), and 213(b)(5)(B) of
CBERA, as amended. This information
will be used in the preparation of the
report to Congress on the operation of
the program.
DATES: Public comments are due at
USTR no later than 5 p.m., November 1,
2013.
ADDRESSES: USTR strongly prefers
electronic submissions made at https://
www.regulations.gov, docket number
USTR–2013–0036 (see ‘‘Requirements
for Submission’’ below). If you are
unable to make a submission at
www.regulations.gov, please contact
Don Eiss, Trade Policy Staff Committee,
at (202) 395–3475 to make other
arrangements.
FOR FURTHER INFORMATION CONTACT: For
procedural questions concerning written
comments, contact Don Eiss, Office of
the United States Trade Representative,
at (202) 395–3475. All other questions
should be directed to Fran Huegel,
Office of the Western Hemisphere,
Office of the United States Trade
Representative, 600 17th Street NW.,
SUMMARY:
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
Room 523, Washington, DC 20508. The
telephone number is (202) 395–9588.
SUPPLEMENTARY INFORMATION: Interested
parties are invited to submit comments
on any aspect of the program’s
operation, including the performance of
CBERA and CBTPA beneficiary
countries, as the case may be, under the
criteria described in sections 212(b),
212(c), and 213(b)(5)(B) of the CBERA,
as amended. Those criteria may be
accessed at https://www.gpo.gov/fdsys/
pkg/USCODE-2011-title19/html/
USCODE-2011-title19-chap15.htm and
are summarized below. Other issues to
be examined in this report include: The
CBI’s effect on the volume and
composition of trade and investment
between the United States and the
Caribbean Basin beneficiary countries;
and its effect on advancing U.S. trade
policy goals as set forth in the CBTPA.
The following countries are both CBERA
and CBTPA beneficiary countries:
Barbados, Belize, Guyana, Haiti,
Jamaica, Saint Lucia, and Trinidad and
Tobago. Antigua and Barbuda, Aruba,
The Bahamas, British Virgin Islands,
Dominica, Grenada, Montserrat, Saint
Kitts and Nevis, Saint Vincent and the
Grenadines currently receive benefits
only under CBERA. Panama ceased to
be designated as a beneficiary country
when the Panama-United States Trade
Promotion Agreement entered into force
on October 31, 2012.
Eligibility Criteria for CBI Beneficiary
Countries
In determining whether to designate a
country as a CBTPA beneficiary
country, the President must take into
account the criteria contained in
sections 212(b) and (c) of CBERA, and
other appropriate criteria, including,
inter alia, the following:
(1) Whether the beneficiary country
has demonstrated a commitment to
undertake its obligations under the
World Trade Organization (WTO) on or
ahead of schedule and participate in
negotiations toward the completion of
the Free Trade Area of the Americas
(FTAA) or another free trade agreement.
(2) The extent to which the country
provides protection of intellectual
property rights consistent with or
greater than the protection afforded
under the Agreement on Trade-Related
Aspects of Intellectual Property Rights.
(3) The extent to which the country
provides internationally recognized
worker rights including—
(I) The right of association;
(II) The right to organize and bargain
collectively;
(III) A prohibition on the use of any
form of forced or compulsory labor;
E:\FR\FM\03OCN1.SGM
03OCN1
]]>Agencies
[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Notices]
[Pages 61443-61444]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24210]
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
Small Business Size Standards: Waiver of the Nonmanufacturer Rule
AGENCY: U.S. Small Business Administration.
ACTION: Notice of Final Action: Partial Waiver Rescission of the
Nonmanufacturer Rule for Aerospace Ball and Roller Bearings.
-----------------------------------------------------------------------
SUMMARY: The U.S. Small Business Administration (SBA) received a
request from a small business manufacturer of Aerospace Ball and Roller
Bearings to rescind the Class Waiver of the Nonmanufacturer Rule (NMR)
for Aerospace Ball and Roller Bearings, under North American Industry
Classification System (NAICS) code 332991, Product Service Codes (PSC)
3110. Based on public comments and analysis of data submitted, SBA has
determined that several small business manufacturers of aerospace ball
and roller bearings exist for many, but not all, of the aerospace ball
and roller bearings the Federal government requires. As a result, SBA
is partially rescinding the Class Waiver for aerospace ball and roller
bearings and replacing it with a class waiver for 305 aerospace ball
and roller bearings. A list of the specific 305 aerospace ball and
roller bearings can be accessed by accessing the following URL: https://www.sba.gov/sites/default/files/files/NMR_WAIVED_3110_BEARING_LIST.pdf. The partial rescission of this class waiver will require
recipients of Federal contracts set aside for small businesses,
Service-Disabled Veteran-Owned small businesses, Participants in SBA's
8(a) Business Development Program, or Women-Owned Small Businesses to
provide aerospace ball and roller bearings manufactured by small
businesses, unless an Individual Waiver of the NMR is granted by SBA or
the required bearing is found on the list of aerospace ball and roller
bearings for which a class waiver has been granted, maintained by SBA
at the aforementioned URL.
DATES: This action is effective the date of publication in the Federal
Register.
FOR FURTHER INFORMATION CONTACT: Edward Halstead, (202) 205-9885,
Edward.halstead@sba.gov.
SUPPLEMENTARY INFORMATION: Sections 8(a)(17) and 46 of the Small
Business Act (the Act) and SBA's implementing regulations generally
require that recipients of Federal supply contracts that are set aside
for small businesses, Service-Disabled Veteran-Owned small businesses,
Women-Owned Small Businesses, or Participants in the SBA's 8(a)
Business Development Program provide the product of a domestic small
business manufacturer or processor if the recipient is other than the
actual manufacturer or processor of the product. 15 U.S.C. 637(a)(17),
657s; 13 CFR 121.406(b). This requirement is commonly referred to as
the Nonmanufacturer Rule. 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 or
received a contract from the Federal government within the last 24
months. See 13 CFR 121.1202(c). SBA defines ``class of products'' as an
individual subdivision within a North American Industry Classification
System (NAICS) Code as established by the Office of Management and
Budget in the NAICS Manual. See 13 CFR 121.1202(d). In addition, SBA
uses Product Service Codes (PSCs) to further identify particular
products within the NAICS code to which a waiver would apply. SBA may
then identify a specific item within a PSC and NAICS code to which a
class waiver would apply.
On April 16, 2001, SBA granted a class waiver for aerospace ball
and roller bearings, consisting of, but not limited to, annular ball
bearings, cylindrical ball bearings, linear ball bearings, linear
roller bearings, needle roller bearings, ball or roller bearing races,
roller bearings, tapered roller bearings and thrust roller bearings,
identified within NAICS code 332991 under PSC 3110. 66 FR 19381.
Subsequently, a small business manufacturer of roller bearings
notified SBA that their firm had lost several aerospace ball and roller
bearing contract bids based on the existence of the class waiver and
brought to SBA's attention that several small business manufacturers of
roller bearing had submitted proposals for bearings contracts or
received bearings contracts from the Federal government within the
previous 24 months.
On April 4, 2013, SBA published a notice in the Federal Register
stating that SBA was considering a complete rescission of the NMR class
waiver for aerospace ball and roller bearings. 78 FR 20371. The initial
public comment period closed May 4, 2013. Subsequently, the public
comment period was extended once and reopened once, and closed for the
final time on June 25, 2013. Fourteen comments were received from ten
submitters.
Some commenters opposed a total rescission of the class waiver. A
small business distributor of aerospace ball and roller bearings
expressed concern that a total rescission would have a
[[Page 61444]]
devastating impact on small value-added distributers. As such, the
commenter suggested that SBA analyze data to determine which specific
bearings, if any, are manufactured by small manufacturers. A small
businesses manufacturer of bearings expressed similar concern over the
impact of a complete rescission of this class waiver.
Several commenters supported the proposal for a total rescission of
the class waiver. One commenter stated that the class waiver has
resulted in severely limiting opportunities for small business
manufacturers of these items and acted as a disincentive to a number of
small business manufacturers to develop and sell products under this
category. Another commenter supported the proposal on the basis that
its participation in the federal arena was paramount to its continued
viability.
The Defense Logistics Agency (DLA) suggested a partial rescission
of the class waiver, based on the possible damage to the small business
dealer base that might result from a complete rescission of the class
waiver. DLA provided a list of bearings for which there was no known
small business manufacturers in existence. Another commenter expressed
support for DLA's recommendation of a partial rescission. The commenter
noted that a partial rescission of the class waiver would strike the
balance of meeting the Government's needs while stimulating the growth
and development of small business manufacturers of aerospace ball and
roller bearings who have the capabilities and resources to meet
standard commercial item descriptions. The commenter further noted that
a partial rescission of the class waiver would not only invigorate
domestic small business bearing manufacturers to develop new procedures
and abilities, but it would also encourage others who have been on the
side lines because of this waiver to reenter the market and some to
enter the market.
SBA considered all of the comments and data presented by all of the
commenters. After conducting independent market analysis, analyzing the
data submitted by DLA and small bearing manufacturers, and considering
public comments, SBA has decided to partially rescind the Aerospace
Ball and Roller Bearing Class Waiver and replace it with a waiver for
305 specifically identified aerospace ball and roller bearings, which
can be viewed at: https://www.sba.gov/sites/default/files/files/NMR_WAIVED_3110_BEARING_LIST.pdf.
Judith Roussel,
Director, Office of Government Contracting.
[FR Doc. 2013-24210 Filed 10-2-13; 8:45 am]
BILLING CODE 8025-01-P
