[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Rules and Regulations]
[Pages 46312-46313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21505]
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SMALL BUSINESS ADMINISTRATION
13 CFR Part 121
RIN 3245-AE92
Small Business Size Regulations; Rules of Procedure Governing
Cases Before the Office of Hearings and Appeals; Correction
AGENCY: U.S. Small Business Administration.
ACTION: Correcting amendments.
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SUMMARY: The U.S. Small Business Administration (SBA) is correcting
several of its Small Business Size Regulations, published in the
Federal Register on May 21, 2004. SBA is correcting a reference to an
incorrect North American Industry Classification System (NAICS) code,
and updating two Internet Web addresses that appear in part 121 of the
Code of Federal Regulations (CFR), chapter 13.
DATES: Effective September 9, 2009.
FOR FURTHER INFORMATION CONTACT: Carl J. Jordan, Program Analyst,
Office of
[[Page 46313]]
Size Standards, (202) 205-6618 or [email protected].
SUPPLEMENTARY INFORMATION: SBA is correcting language and references in
its Small Business Size Regulations contained in part 121 of the Code
of Federal Regulations (CFR), chapter 13. These are administrative
corrections only. Specifically, SBA is correcting 13 CFR 121.101,
121.410 and 121.1205.
1. 13 CFR 121.101, ``What are SBA size standards?''
The text of 13 CFR Sec. 121.101(b) provides the Internet Web
address where the public can obtain the North American Industry
Classification System Manual-United States from the National Technical
Information Service (NTIS), part of the U.S. Department of Commerce.
The Internet Web address provided in the text is http://www.ntis.gov/yellowbk/1nty205.htm. The NTIS has established a new address,
specifically http://www.ntis.gov/products/naics.aspx. Although the
existing Web address in Sec. 121.101 will take a user to the updated
site, SBA believes it should update its regulations as well to reflect
the correct Internet Web address.
2. 13 CFR 121.410, ``What are the size standards for SBA's Section 8(d)
Subcontracting Program?''
SBA published in the May 15, 2000, Federal Register (65 FR 30836-
30863) a new table of small business size standards effective October
1, 2000 for industries as defined under NAICS. Until October 1, 2000,
the Standard Industrial Classification (SIC) System was the basis for
SBA's table of small business size standards. The May 15, 2000 final
rule amended 13 CFR 121.410 by replacing ``SIC code 8711'' with ``NAICS
code 541330.''
However, an error was made when SBA issued a proposed rule on
November 22, 2002, (67 FR 70339-70352) to amend its small business size
regulations and the regulations that apply to appeals of size
determinations. That rule proposed amending 13 CFR 121.410, which
relates to size standards under SBA's Section 8(d) Subcontracting
Program. The proposed amendment correctly preserved the language of the
May 15, 2000 final rule that described Engineering Services. However,
the proposed rule wrongly referenced NAICS code 541213, which is the
code for Tax Preparation Services. The proposed rule should have
referenced NAICS code 541330, because it is the correct code for
Engineering Services, described in 13 CFR 121.410. The corresponding
final rule that SBA published on May 21, 2004 (69 FR 29192-29209) did
not correct this error, thereby leaving NAICS code 541213 to refer
incorrectly to Engineering Services.
The text of 13 CFR 121.410 plainly refers to subcontracting
activities that are included within NAICS code 541330, Engineering
Services. Furthermore, NAICS code 541330 in SBA's ``Small Business Size
Standards by NAICS Industry'' (13 CFR 121.201) clearly includes the
same types of contracting activities described in 13 CFR 121.410. The
purpose of this correction is to replace NAICS code 541213 in Sec.
121.410 with NAICS code 541330.
3. 13 CFR 121.1205, ``How is a list of previously granted class waivers
obtained?''
The text of 13 CFR 121.1205 provides the Internet Web address where
SBA maintains for the public a list of waivers of the Nonmanufacturer
Rule that it has granted. SBA has updated that Internet Web address,
and this action will similarly update Sec. 121.1205.
List of Subjects in 13 CFR Part 121
Administrative practice and procedure, Government procurement,
Government property, Grant programs--business, Individuals with
disabilities, Loan programs--business, Reporting and recordkeeping
requirements, Small businesses.
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For the reasons set forth in the preamble, SBA amends part 13 CFR part
121 by making the following correcting amendments.
PART 121--SMALL BUSINESS SIZE REGULATIONS
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1. The authority citation for part 121 continues to read as follows:
Authority: 15 U.S.C. 632, 634(b)(6), 636(b), 637(a), 644, and
662(5); and Pub. L. 105-135, sec. 401 et seq., 111 Stat. 2592.
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2. Amend Sec. 121.101 by revising the first sentence of paragraph (b)
to read as follows:
Sec. 121.101 What are SBA size standards?
* * * * *
(b) NAICS is described in the North American Industry
Classification Manual-United States, which is available from the
National Technical Information Service, 5285 Port Royal Road,
Springfield, VA 22161; by calling 1(800) 553-6847 or 1(703) 605-6000;
or via the Internet at http://www.ntis.gov/products/naics.aspx. * * *
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3. Amend Sec. 121.410 by revising the second sentence to read as
follows:
Sec. 121.410 What are the size standards for SBA's Section 8(d)
Subcontracting Program?
* * * However, subcontracts for engineering services awarded under
the National Energy Policy Act of 1992 have the same size standard as
Military and Aerospace Equipment and Military Weapons under NAICS code
541330.
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4. Amend Sec. 121.1205 by revising the first sentence to read as
follows:
Sec. 121.1205 How is a list of previously granted class waivers
obtained?
A list of classes of products for which waivers for the
Nonmanufacturer Rule have been granted is maintained in SBA Web site
at: http://www.sba.gov/aboutsba/sbaprograms/gc/programs/gc_waivers_nonmanufacturer.html. * * *
Dean R. Koppel,
Acting Director, Office of Government Contracting.
[FR Doc. E9-21505 Filed 9-8-09; 8:45 am]
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