Small Business Size Standards: Termination of Nonmanufacturer Rule Class Waiver, 69114-69115 [2021-26368]

Download as PDF 69114 Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Notices Nonmanufacturer Rule (NMR). 13 CFR 121.406(b). Note that the NMR does not apply to small business set-aside acquisitions with an estimated value between the micro-purchase threshold and the simplified acquisition threshold but continues to apply to socioeconomic categories above the micropurchase threshold. Sections 8(a)(17)(B)(iv)(II) and 46(a)(4)(B) of the Act authorizes 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 defined in 13 CFR 121.1202(d), a ‘‘class of products’’ is an individual subdivision within a North American Industry Classification System (NAICS) Industry Number as established by the Office of Management and Budget in the NAICS Manual. SBA has previously identified class waivers using a combination of (1) the six-digit NAICS code, (2) the four-digit PSC, and (3) a description of the class of products. To improve consistency in the application of class waivers SBA will no longer use PSCs to classify products covered by class waivers. Instead, as provided in its regulations, SBA will use the NAICS as its classification system to identify products covered by class waivers. More information on the NMR and Class Waivers can be found at https:// www.sba.gov/contracting/contractingofficials/non-manufacturer-rule/nonmanufacturer-waivers. David Wm. Loines, Director, Office of Government Contracting. [FR Doc. 2021–26371 Filed 12–3–21; 8:45 am] BILLING CODE 8026–03–P SMALL BUSINESS ADMINISTRATION [Docket No.: SBA–2021–0012] Small Business Size Standards: Termination of Nonmanufacturer Rule Class Waiver U.S. Small Business Administration. ACTION: Notice of intent to terminate the class waiver to the Nonmanufacturer Rule. AGENCY: The U.S. Small Business Administration (SBA) is considering terminating a class waiver of the Nonmanufacturer Rule (NMR) for Furniture Frames and Parts, Metal, Manufacturing under NAICS code 337215 and PSC 7195; Furniture Frames, Wood, Manufacturing under NAICS code 337215 and PSC 7195; Furniture Parts, Finished Plastics, khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:32 Dec 03, 2021 Jkt 256001 Manufacturing under NAICS code 33725 and PSC 7195; Furniture, Factory-type (e.g., cabinets, stools, tool stands, work benches), Manufacturing under NAICS code 337127 and PSC 7110; Furniture, Hospital (e.g., hospital beds, operating room furniture) Manufacturing under NAICS code 339113 and PSC 7195; and Furniture, Laboratory-type (e.g., benches, cabinets, stools, tables) Manufacturing under NAICS code 339113 and PSC 7195. DATES: Comments and source information must be submitted on or before January 14, 2022. ADDRESSES: You may submit comments and source information via the Federal Rulemaking Portal at https:// www.regulations.gov under Docket ID SBA–2021–0012. If you wish to submit confidential business information (CBI) as defined in the User Notice at https:// www.regulations.gov, please submit the information to Carol Hulme, Attorney Advisor, Office of Government Contracting, U.S. Small Business Administration, 409 Third Street SW, 8th Floor, Washington, DC 20416. 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 the information will be published. FOR FURTHER INFORMATION CONTACT: Carol Hulme, Program Analyst, by telephone at 202–205–6347; or by email at Carol-Ann.Hulme@sba.gov. SUPPLEMENTARY INFORMATION: On October 6, 2019, SBA received a request to terminate the current class waiver of the NMR for the products identified above. According to the request, there are small business manufacturers available to participate in the Federal marketplace for these products. According to the information the requester provided to the SBA, several small manufacturers have provided these products to the Federal agencies within the past 24 months. Based on this information, the SBA is seeking comment on the termination of the class waiver for Furniture Frames and Parts, Metal, Manufacturing under NAICS code 337215 and PSC 7195; Furniture Frames, Wood, Manufacturing under NAICS code 337215 and PSC 7195; Furniture Parts, Finished Plastics, Manufacturing under NAICS code 33725 and PSC 7195; Furniture, Factory-type (e.g., cabinets, stools, tool stands, work benches), Manufacturing under NAICS code 337127 and PSC 7110; Furniture, Hospital (e.g., hospital beds, operating room furniture) Manufacturing under NAICS code PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 339113 and PSC 7195; and Furniture, Laboratory-type (e.g., benches, cabinets, stools, tables) Manufacturing under NAICS code 339113 and PSC 7195. An awardee of a Federal small business setaside contract valued over $250,000.00, service-disabled veteran-owned small business contract, HUBZone contract, women-owned small business contract, or 8(a) contract must provide its own product or that of a small business manufacturer unless a waiver is in place. If the above-identified class waiver is terminated, small businesses will no longer be authorized to provide the product of any manufacturer regardless of size on the identified items, unless a Federal Contracting Officer obtains an individual waiver to the NMR. Sections 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 $250,000) set aside for small business, servicedisabled 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 121.1202(c), 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 been awarded a contract to supply the class of products within the last 24 months. In accordance with the SBA’s regulations at 13 CFR 121.1204(a)(7), SBA will periodically review existing class waivers to the NMR 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 no small E:\FR\FM\06DEN1.SGM 06DEN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Notices business exists for the class of products in question, SBA will publish a Final Notice of Termination in the Federal Register. On June 27, 2006, SBA issued a Notice of Intent to waive the NMR for Furniture Frames and Parts, Metal, Manufacturing under NAICS code 337215 and PSC 7195; Furniture Frames, Wood, Manufacturing under NAICS code 337215 and PSC 7195; Furniture Parts, Finished Plastics, Manufacturing under NAICS code 33725 and PSC 7195; Furniture, Factory-type (e.g., cabinets, stools, tool stands, work benches), Manufacturing under NAICS code 337127 and PSC 7110; Furniture, Hospital (e.g., hospital beds, operating room furniture) Manufacturing under NAICS code 339113 and PSC 7195; and Furniture, Laboratory-type (e.g., benches, cabinets, stools, tables) Manufacturing under NAICS code 339113 and PSC 7195. After the comment and notice period passed, SBA issued a class waiver for those products. On October 6, 2019, SBA received a request to terminate the previously issued waiver. The requester provided information that established the existence of small business manufacturers of the identified products. These small businesses have submitted bids on Federal solicitations within the past 24 months. Thus SBA is proposing to terminate the class waiver for Furniture Frames and Parts, Metal, Manufacturing under NAICS code 337215 and PSC 7195; Furniture Frames, Wood, Manufacturing under NAICS code 337215 and PSC 7195; Furniture Parts, Finished Plastics, Manufacturing under NAICS code 33725 and PSC 7195; Furniture, Factory-type (e.g., cabinets, stools, tool stands, work benches), Manufacturing under NAICS code 337127 and PSC 7110; Furniture, Hospital (e.g., hospital beds, operating room furniture) Manufacturing under NAICS code 339113 and PSC 7195; and Furniture, Laboratory-type (e.g., benches, cabinets, stools, tables) Manufacturing under NAICS code 339113 and PSC 7195. The public is invited to comment or provide source information on the proposed termination of the NMR waiver for these products. More information on the NMR and class waivers can be found at https:// www.sba.gov/contracting/contractingofficials/non-manufacturer-rule/nonmanufacturer-waivers. David Wm. Loines, Director, Office of Government Contracting. [FR Doc. 2021–26368 Filed 12–3–21; 8:45 am] BILLING CODE 8026–03–P VerDate Sep<11>2014 20:32 Dec 03, 2021 Jkt 256001 DEPARTMENT OF STATE [Public Notice: 11600] 60-Day Notice of Proposed Information Collection: Electronic Diversity Visa Entry Form Notice of request for public comment. ACTION: The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. In accordance with the Paperwork Reduction Act of 1995, we are requesting comments on this collection from all interested individuals and organizations. The purpose of this notice is to allow 60 days for public comment preceding submission of the collection to OMB. DATES: The Department will accept comments from the public up to February 4, 2022. ADDRESSES: You may submit comments by any of the following methods: • Web: Persons with access to the internet may comment on this notice by going to www.Regulations.gov. You can search for the document by entering ‘‘Docket Number: DOS–2021–0035’’ in the Search field. Then click the ‘‘Comment Now’’ button and complete the comment form. • Email: PRA_BurdenComments@ state.gov. • Phone: 202–485–7586. You must include the DS form number (if applicable), information collection title, and the OMB control number in any correspondence. As well as current contact information to allow us to respond. SUPPLEMENTARY INFORMATION: • Title of Information Collection: Electronic Diversity Visa Entry Form. • OMB Control Number: 1405–0153. • Type of Request: Extension of a Currently Approved Collection. • Originating Office: CA/VO. • Form Number: DS–5501. • Respondents: Diversity Visa Entrants. • Estimated Number of Respondents: 14,589,023. • Estimated Number of Responses: 14,589,023. • Average Time per Response: 30 minutes. • Total Estimated Burden Time: 7,294,511.5 hours. • Frequency: Annually. • Obligation to Respond: Required to Obtain or Retain a Benefit. We are soliciting public comments to permit the Department to: SUMMARY: PO 00000 Frm 00114 Fmt 4703 Sfmt 9990 69115 • Evaluate whether the proposed information collection is necessary for the proper functions of the Department. • Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology. Please note that comments submitted in response to this Notice are public record. Before including any detailed personal information, you should be aware that your comments as submitted, including your personal information, will be available for public review. Abstract of Proposed Collection The Department of State utilizes the Electronic Diversity Visa (‘‘EDV’’) Entry Form to elicit information necessary to establish the eligibility of the applicant for the diversity immigrant visa program. The two primary requirements of the program are: (1) The applicant is a native of a low admission country and (2) has at least a high education or its equivalent, or has two years of experience in a job that requires two years of training or experience. Individuals complete the electronic entry forms and then applications are randomly selected for further participation in the program. The Department of State’s regulations pertaining to diversity immigrant visas are published in 22 CFR 42.33. Methodology The EDV Entry Form is available online at https://dvprogram.state.gov and can only be submitted electronically during the annual registration period. Kevin E. Bryant, Deputy Director, Office of Directives Management, Department of State. [FR Doc. 2021–26327 Filed 12–3–21; 8:45 am] BILLING CODE 4710–06–P E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Notices]
[Pages 69114-69115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26368]


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SMALL BUSINESS ADMINISTRATION

[Docket No.: SBA-2021-0012]


Small Business Size Standards: Termination of Nonmanufacturer 
Rule Class Waiver

AGENCY: U.S. Small Business Administration.

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

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

SUMMARY: The U.S. Small Business Administration (SBA) is considering 
terminating a class waiver of the Nonmanufacturer Rule (NMR) for 
Furniture Frames and Parts, Metal, Manufacturing under NAICS code 
337215 and PSC 7195; Furniture Frames, Wood, Manufacturing under NAICS 
code 337215 and PSC 7195; Furniture Parts, Finished Plastics, 
Manufacturing under NAICS code 33725 and PSC 7195; Furniture, Factory-
type (e.g., cabinets, stools, tool stands, work benches), Manufacturing 
under NAICS code 337127 and PSC 7110; Furniture, Hospital (e.g., 
hospital beds, operating room furniture) Manufacturing under NAICS code 
339113 and PSC 7195; and Furniture, Laboratory-type (e.g., benches, 
cabinets, stools, tables) Manufacturing under NAICS code 339113 and PSC 
7195.

DATES: Comments and source information must be submitted on or before 
January 14, 2022.

ADDRESSES: You may submit comments and source information via the 
Federal Rulemaking Portal at https://www.regulations.gov under Docket 
ID SBA-2021-0012. If you wish to submit confidential business 
information (CBI) as defined in the User Notice at https://www.regulations.gov, please submit the information to Carol Hulme, 
Attorney Advisor, Office of Government Contracting, U.S. Small Business 
Administration, 409 Third Street SW, 8th Floor, Washington, DC 20416. 
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 the 
information will be published.

FOR FURTHER INFORMATION CONTACT: Carol Hulme, Program Analyst, by 
telephone at 202-205-6347; or by email at [email protected].

SUPPLEMENTARY INFORMATION: On October 6, 2019, SBA received a request 
to terminate the current class waiver of the NMR for the products 
identified above. According to the request, there are small business 
manufacturers available to participate in the Federal marketplace for 
these products. According to the information the requester provided to 
the SBA, several small manufacturers have provided these products to 
the Federal agencies within the past 24 months.
    Based on this information, the SBA is seeking comment on the 
termination of the class waiver for Furniture Frames and Parts, Metal, 
Manufacturing under NAICS code 337215 and PSC 7195; Furniture Frames, 
Wood, Manufacturing under NAICS code 337215 and PSC 7195; Furniture 
Parts, Finished Plastics, Manufacturing under NAICS code 33725 and PSC 
7195; Furniture, Factory-type (e.g., cabinets, stools, tool stands, 
work benches), Manufacturing under NAICS code 337127 and PSC 7110; 
Furniture, Hospital (e.g., hospital beds, operating room furniture) 
Manufacturing under NAICS code 339113 and PSC 7195; and Furniture, 
Laboratory-type (e.g., benches, cabinets, stools, tables) Manufacturing 
under NAICS code 339113 and PSC 7195. An awardee of a Federal small 
business set-aside contract valued over $250,000.00, service-disabled 
veteran-owned small business contract, HUBZone contract, women-owned 
small business contract, or 8(a) contract must provide its own product 
or that of a small business manufacturer unless a waiver is in place. 
If the above-identified class waiver is terminated, small businesses 
will no longer be authorized to provide the product of any manufacturer 
regardless of size on the identified items, unless a Federal 
Contracting Officer obtains an individual waiver to the NMR.
    Sections 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 $250,000) 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 121.1202(c), 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 been awarded a contract to 
supply the class of products within the last 24 months.
    In accordance with the SBA's regulations at 13 CFR 121.1204(a)(7), 
SBA will periodically review existing class waivers to the NMR 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 no small

[[Page 69115]]

business exists for the class of products in question, SBA will publish 
a Final Notice of Termination in the Federal Register.
    On June 27, 2006, SBA issued a Notice of Intent to waive the NMR 
for Furniture Frames and Parts, Metal, Manufacturing under NAICS code 
337215 and PSC 7195; Furniture Frames, Wood, Manufacturing under NAICS 
code 337215 and PSC 7195; Furniture Parts, Finished Plastics, 
Manufacturing under NAICS code 33725 and PSC 7195; Furniture, Factory-
type (e.g., cabinets, stools, tool stands, work benches), Manufacturing 
under NAICS code 337127 and PSC 7110; Furniture, Hospital (e.g., 
hospital beds, operating room furniture) Manufacturing under NAICS code 
339113 and PSC 7195; and Furniture, Laboratory-type (e.g., benches, 
cabinets, stools, tables) Manufacturing under NAICS code 339113 and PSC 
7195. After the comment and notice period passed, SBA issued a class 
waiver for those products.
    On October 6, 2019, SBA received a request to terminate the 
previously issued waiver. The requester provided information that 
established the existence of small business manufacturers of the 
identified products. These small businesses have submitted bids on 
Federal solicitations within the past 24 months. Thus SBA is proposing 
to terminate the class waiver for Furniture Frames and Parts, Metal, 
Manufacturing under NAICS code 337215 and PSC 7195; Furniture Frames, 
Wood, Manufacturing under NAICS code 337215 and PSC 7195; Furniture 
Parts, Finished Plastics, Manufacturing under NAICS code 33725 and PSC 
7195; Furniture, Factory-type (e.g., cabinets, stools, tool stands, 
work benches), Manufacturing under NAICS code 337127 and PSC 7110; 
Furniture, Hospital (e.g., hospital beds, operating room furniture) 
Manufacturing under NAICS code 339113 and PSC 7195; and Furniture, 
Laboratory-type (e.g., benches, cabinets, stools, tables) Manufacturing 
under NAICS code 339113 and PSC 7195.
    The public is invited to comment or provide source information on 
the proposed termination of the NMR waiver for these 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.

David Wm. Loines,
Director, Office of Government Contracting.
[FR Doc. 2021-26368 Filed 12-3-21; 8:45 am]
BILLING CODE 8026-03-P
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