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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.
*1 Christopher Holleman
*1 Administrative Judge
SBA No. SIZ-1, 2016 (S.B.A.), 2016 WL 1084423
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