SIZE STANDARD APPEAL OF: KEMRON ENVIRONMENTAL SERVICES, INC., PETITIONER
SBA No. SIZ-1, 20162016 WL 1084423March 7, 2016
SBA No. SIZ-1, 2016 (S.B.A.), 2016 WL 1084423
Small Business Administration (S.B.A.)
Office of Hearings and Appeals
[Size Appeal]
*1 SIZE STANDARD APPEAL OF: KEMRON ENVIRONMENTAL SERVICES, INC., PETITIONER
*1 SBA No. SS-1
*1 March 7, 2016
*1 Final Rule 3245-AG51
*1 Small Business Size Standards: Industries With Employee Based Size Standards Not Part of Manufacturing, Wholesale Trade, or Retail Trade
ORDER DISMISSING PETITION FOR RECONSIDERATION WITHOUT PREJUDICE
*1 On February 25, 2016, KEMRON Environmental Services, Inc. (Appellant) filed the instant Petition for Reconsideration of the Small Business Administration's Final Rule 3245- AG51, published at 81 Fed Reg. 4436 (January 26, 2016), Small Business Size Standards: Industries With Employee Based Size Standards Not Part of Manufacturing, Wholesale Trade, or Retail Trade, modifying the Environmental Remediation Services sub-industry size standard within the North American Industry Classification System code 562910, Remediation Services.
*1 Appellant maintains OHA has jurisdiction over its appeal because OHA has, under a recently enacted statute, jurisdiction over petitions for reconsideration of size standards. 15 U.S.C. § 632(a)(9)(A). However, OHA has not yet promulgated the procedural regulations necessary to adjudicate these appeals. Accordingly, I conclude I must DISMISS the instant appeal WITHOUT PREJUDICE. Appellant may refile the matter once OHA has in place the necessary procedural regulations in 13 C.F.R. Part 134 to administer these appeals.
SBA No. SIZ-1, 2016 (S.B.A.), 2016 WL 1084423
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