[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22677]


[[Page Unknown]]

[Federal Register: September 15, 1994]


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SMALL BUSINESS ADMINISTRATION

13 CFR Part 121

 

Small Business Size Standards; Environmental Remediation Services

agency: Small Business Administration.

action: Final rule.

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

summary: The Small Business Administration (SBA) is establishing a size 
standard of 500 employees for Environmental Remediation Services, an 
activity which involves work identified with a number of different 
functions associated with restoring a contaminated environment, such 
as: preliminary assessment, site inspection, testing, remedial 
investigation, containment, remedial action, the transportation and 
disposal of waste materials, and security and site closeouts. The 
application of this size standard will be for Federal environmental 
remediation procurements which involve three or more environmentally 
related activities which in turn can be identified in separate 
industries under the Standard Industrial Classification (SIC) system. 
It will also apply in SBA's non-procurement programs where an applicant 
firm is primarily engaged in environmental remediation services as 
defined by this final rule.
    The adopted size standard of 500 employees is, in practical effect, 
an increase above the size standard of $18.0 million proposed on 
October 8, 1993 (58 FR 52452). This higher size standard is supported 
by more recent data describing the industry structure for this 
activity, as well as by comments received in response to the proposed 
rule.

DATES: Effective Date: This rule is effective on October 17, 1994.
    Applicability Dates: This rule applies to all Federal procurement 
solicitations, except noncompetitive Section 8(a) contracts, issued on 
or after October 17, 1994.
    For Section 8(a) noncompetitive contracting actions, the rule is 
applicable to offers of requirements that are accepted by the Small 
Business Administration subsequent to October 17, 1994.

for further information contact: Gary M. Jackson, Assistant 
Administrator for Size Standards, (202) 205-6618.

supplementary information: On October 8, 1993 the SBA proposed to 
establish an environmental services size standard of $18.0 million for 
Federal government procurements meeting the following two criteria: (1) 
That the overall purpose of the procurement is to restore a 
contaminated environment, and (2) that the procurement is composed of 
activities in three or more distinct industries identified with 
separate Standard Industrial Classification (SIC) four-digit industry 
codes, none of which constitutes 50 percent or more of the contract's 
value (58 FR 52452). These criteria were established to distinguish 
environmental remediation services involving multiple activities from 
other environmental related procurements involving services primarily 
associated with one particular industry. For non-procurement 
applications of this size standard, a firm would have to be primarily 
engaged in three or more activities related to environmental 
remediation, none of which accounts for 50 percent or more of the 
firm's activities. The environmental services activity was designated 
as a sub-category under SIC code 8744, Facilities Support Management 
Services, because this SIC code generally requires the performance of a 
range of different services in support of facilities where no one 
activity may be considered the primary activity (see Standard 
Industrial Classification Manual: 1987, Executive Office of the 
President, Office of Management and Budget).
    In this final rule, SBA is adopting a size standard of 500 
employees (equivalent to approximately $50 million in annual receipts) 
for environmental remediation services, rather than the $18 million 
size standard set forth in the October 8, 1993 proposed rule identified 
above. This increase takes into account comments received on the 
proposed size standard, an analysis of additional industry data on 
firms engaged in environmental remediation, and trends in Federal 
procurement for this type of activity. These factors are discussed in 
greater detail below.
    In addition, SBA has changed the title for this activity from 
``Environmental Services,'' the title used in the SBA's proposed rule, 
to ``Environmental Remediation Services.'' This stems from comments 
that environmental services as a title is very broad and could result 
in a misclassification of Federal procurements simply because the title 
is not sufficiently specific. After reviewing the proposed definition 
for environmental services, SBA is changing the title to 
``Environmental Remediation Services,'' a title believed to better 
specify the type of services for which the SBA intended to establish a 
separate, distinct size standard. The proposed rule was directed 
towards remediation services, and not all other possible services that 
could be performed in connection with the environment. This 
definitional modification is for clarification purposes only.
    As discussed in the proposed rule, SBA views environmental 
remediation services as an emerging industry not explicitly defined 
under the present SIC system. Pursuant to the authority set forth in 
section 15(a) of the Small Business Act, 15 U.S.C. 644(a), SBA will 
consider establishing a further segmentation of an industry category 
defined in the four-digit SIC system to recognize a new industry. In 
the past, SBA has established other sub-categories within existing 
four-digit SIC industries (e.g., base maintenance, dredging, pneumatic 
tires, custom cattle feedlots and food services). In this case, SBA is 
establishing a separate sub-category under SIC code 8744 because of a 
need to establish a specific size standard for the emerging multi-
discipline activity of environmental remediation services, an area of 
Federal procurement that has expanded enormously in recent years.
    SBA received a total of 69 comments to the proposal to establish an 
$18 million size standard for environmental remediation services. 
Twenty-three comments supported SBA's proposed rule in all respects 
without reservation. Among the 62 comments discussing the $18 million 
size standard, 21 comments argued for a higher size standard, 10 
comments wanted a lower size standard, and 31 comments generally 
supported the proposed $18 million size standard. Fifteen of the 21 
comments supporting a higher size standard also argued for a size 
standard based on number of employees. Other comments raised 
alternatives to the proposed size standard, or opposed the 
establishment of any specific size standard for environmental 
remediation services. A discussion of these latter comments and SBA's 
views regarding them will follow a discussion of SBA's basis for 
establishing a 500 employee size standard for environmental remediation 
services.

Selection of Size Standard

    The SBA has decided to establish a 500 employee size standard for 
environmental remediation services. SBA now believes the proposed $18 
million size standard does not adequately reflect the structure of the 
environmental remediation services industry as revealed by available 
data on firms engaged in environmental remediation services. The 
decision to propose an $18 million size standard was based primarily on 
the premise that, from limited information available at that time, 
firms which perform environmental remediation services tend to be 
larger in size than firms performing non-environmental services in 
related industries. Accordingly, a size standard which reflected a 
level similar to the highest size standards then in effect for any of 
the related construction or services industries was proposed. Since the 
time of the proposed rule, SBA continued in its efforts to assemble the 
most recent data available on environmental firms. The assessment of 
this newly developed data, as well as public comments in response to 
the proposed size standard, has convinced SBA that a 500 employee size 
standard would be more suitable for the environmental remediation 
services industry than an $18 million size standard. The analysis of 
the industry data, and the basis for the decision to use number of 
employees as the measure of size, are each discussed below.

Analysis of Industry Data

    In considering the appropriate size standard for an industry, SBA 
generally evaluates the structural characteristics of an industry by 
analyzing at least four industry factors. These industry factors 
include: Average firm size, start-up costs, competition and the 
distribution of firms by size. In addition, the impact of alternative 
size standards on SBA's programs is assessed. As a relatively new and 
developing industry, comprehensive industry data by which to conduct 
this structural analysis are limited for the environmental remediation 
services industry. The statistical collection agencies of the Federal 
government, the primary sources of economic data on industries in the 
economy, do not publish data on environmental remediation services 
firms since this activity has not yet been identified as an industry 
under the SIC system. To overcome this problem, SBA has constructed its 
own data base of environmental remediation services firms based on data 
from a non-governmental source. SBA believes this data base is 
sufficient in coverage to provide an adequate assessment of the 
relevant structural characteristics of the environmental remediation 
services industry.
    SBA constructed its data base by utilizing data and information 
published in the 1993 edition of Wards Business Directory. This 
publication is viewed by the SBA as the best single data base currently 
available to identify firms engaged in environmental remediation 
services. This directory lists individual firms by SIC code, provides a 
description of a firm's activities, and shows the size of a firm by 
revenues and number of employees. From the description of firm 
activities, SBA was able to identify firms that perform activities 
associated with environmental remediation services. Firms in nine 
industries, considered the primary industries from which firms perform 
some or all aspects of environmental remediation work, were reviewed to 
identify environmental remediation services firms. The nine industries 
reviewed are listed below: 

------------------------------------------------------------------------
 SIC code                            Description                        
------------------------------------------------------------------------
1629......  Heavy Construction, Not Elsewhere Classified.               
1795......  Wrecking and Demolition Work.                               
1799......  Special Trade Contractors, Not Elsewhere Classified.        
4212......  Local Trucking Without Storage.                             
4953......  Refuse Systems.                                             
4959......  Sanitary Services, Not Elsewhere Classified.                
8711......  Engineering Services.                                       
8731......  Commercial Physical and Biological Research.                
8734......  Testing Laboratories.                                       
------------------------------------------------------------------------

Data on these firms were then combined to derive information on the 
structure of the environmental remediation services industry.
    Although data obtained from the Wards Business Director provided 
SBA with useful information on firms performing environmental 
remediation services, the directory does not include all firms within 
an industry. Instead, it tends to omit many smaller-sized firms in an 
industry, thereby creating a bias in the data towards larger-sized 
firms. In view of this aspect of the data, SBA's analysis of industry 
characteristics focused on the relative differences between 
environmental and non-environmental remediation services firms rather 
than on absolute values calculated from the Wards data. SBA believes 
that Wards data provide a reasonably accurate picture of the relative 
difference in average firm size between industries. If the Wards data 
show that the average firm size of one industry is twice that of 
another industry, it is likely to be accurate, even if the absolute 
values listed are not truly representative of each industry as a whole.
    In performing the analysis of this size standard, the relative 
differences of the four industry factors identified above were 
calculated between the derived environmental remediation services 
industry and a comparison industry group. The comparison industry group 
data was also derived from the Wards Business Director and consisted of 
the firms within the same nine SIC codes listed above which were not 
shown as engaged in environmental remediation work. From these 
differences, a range of size standards was indicated based on 
relationships between relative industry differences and size standards 
for the non-manufacturing industries. This analytical approach was 
necessary to accommodate the data limitations discussed earlier. The 
remainder of this section describes in greater detail the analysis of 
relative differences performed by SBA in establishing this size 
standard.
    A total of 374 firms within the nine SIC codes identified above 
were found to be engaged in environmental remediation services. An 
environmental remediation services industry was constructed by 
aggregating data on these firms into one industry group. Structural 
characteristics of this industry then were estimated. Industry values 
were calculated for each of the four industry factors--average firm 
size (as measured by average revenues per firm), start-up costs (using 
average assets per firm to measure capital typically employed by firms 
in an industry), competition (as measured by percent of total industry 
revenues attributed to large firms with 1000 or more employees), and 
the distribution of firms by size (as measured by the market share of 
total industry revenues obtained by firms with revenues of more than $5 
million and more than $18 million). Table 1 below summarizes the 
industry characteristics of this derived environmental remediation 
services industry, the industry characteristics of a comparison group 
(identified as the parent industry group), and the difference between 
the characteristics of these two groups (as expressed by a ratio).

   Table 1.--Characteristics of the Environmental Remediation Services  
                   Industry and Parent Industry Group                   
------------------------------------------------------------------------
                                     (A)                         (C)    
                                Environmental   (B) Parent   Difference 
                                 remediation     industry       ratio   
                                  services        group     (AB)
------------------------------------------------------------------------
Average Revenues Per Firm.....       $115.4M        $36.4M          3.17
Average Assets Per Firm.......        $59.5M        $16.8M          3.54
Competition...................         84.7%         67.1%          1.26
Percent of Revenues by Firm                                             
 Size Greater Than:                                                     
    $5 Million................         99.2%         96.2%          1.03
    $18 Million...............         97.1%         74.4%          1.31
    Average...................           N/A           N/A          1.17
------------------------------------------------------------------------
Source: Data derived from 1993 Wards Business Directory. Average assets 
  estimated by SBA based on Wards Directory and Industry Norms and Key  
  Business Ratios, Dun and Bradstreet, 1986.                            

    The relative difference between structural characteristics of the 
environmental remediation services and the parent industry group can be 
expressed quantitatively as a ``difference ratio,'' and is shown in 
table 1 for each industry factor. The difference ratio is simply the 
value of an industry factor for the environmental remediation services 
industry divided by the value of the same industry factor for the 
parent industry group (i.e., the difference ratio for the industry 
factor of average firm size is: $115.4 million  $36.4 million = 
3.17). As can be seen in table 1, the difference ratios range between 
1.03 and 3.53.
    The relative differences clearly show that the environmental 
remediation services industry is comprised of larger firms than are 
present in the parent industry group, and that larger firms capture a 
greater share of total industry revenues in the environmental 
remediation services industry than in the parent industry group. The 
implication of these findings is that the environmental remediation 
services industry warrants a higher size standard than is generally in 
effect for the nine parent industries.
    The next step in the analysis was to calculate a weighted average 
size standard for the nine SIC codes making up the parent industry 
group. The nine parent industries have widely varying size standards, 
ranging between $2.5 million for engineering services (SIC code 8711) 
to 500 employees for research and development (SIC code 8731). To 
create a single size standard for environmental remediation services 
based on data comparisons with the parent industry group, a single size 
standard representing the varying size standards of the industries 
within that group needed to be derived. To obtain such a single size 
standard, a weighted average of the size standards for the nine parent 
industries was calculated.
    Based on the current size standards, and weighting each industry by 
the total number of firms in the industry as reported by the U.S. 
Bureau of the Census, a weighted average size standard of $12 million 
was calculated based on annual revenues (the actual calculated figure 
of $11.95 million was rounded up). Since the size standard for research 
and development is based on number of employees, it was first converted 
to a receipts size standard by multiplying the 500 employee size 
standard by the revenues per employee for that industry.
    A weighted average size standard based on number of employees was 
also calculated to assist in the analysis. To make this calculation, 
the receipts-based size standards were first converted to number of 
employees by dividing the receipts size standards by revenues per 
employee for each industry (for the industries of SIC codes 4953 and 
4959, revenues per employee for all private sector industries was used 
in the absence of current revenue data on these two specific 
industries). Using employee equivalent size standards for eight of the 
nine industries, a size standard of 141 employees was calculated (the 
actual calculated figure of 141.1 employees was rounded down).
    These two weighted average size standards became the base size 
standards ($12 million and 141 employees) by which to estimate how much 
higher the size standards should be for environmental remediation 
services than for the parent industry group based upon the relative 
industry differences shown in Table 1. Table 2 below shows the 
calculations used in developing the weighted average size standards.

                       Table 2.--Weighted Average Size Standards for the Parent Industries                      
----------------------------------------------------------------------------------------------------------------
                                         Size standard                                         Composite        
                                  ---------------------------    No. of     Percent of -------------------------
               SIC                              Employees\1\     firms     total firms                          
                                     Receipts                                             Receipts       Emp.   
----------------------------------------------------------------------------------------------------------------
1629.............................       $17.0M           162       10,088          9.3       $1.57M         15.0
1795.............................         7.0M            92          865          0.8        0.06M          0.7
1799.............................         7.0M            91       23,181         21.3        1.49M         19.4
4212.............................        18.5M           235       37,145         34.1        6.31M         80.2
4953.............................         6.0M            45        2,208          2.0        0.12M          0.9
4959.............................         5.0M            38          852          0.8        0.04M          0.3
8711.............................         2.5M            29       28,494         26.2        0.65M          7.5
8734.............................         5.0M            79        2,844          2.6        0.13M          2.0
8731.............................     \2\52.7M           500        3,265          3.0        1.58M         15.0
                                  --------------                                                                
      Total......................  ...........  ............      108,942        100.0       11.95M        141.1
----------------------------------------------------------------------------------------------------------------
Source: U.S. Bureau of the Census, Standard Statistical Establishment List, Special Tabulation, 1990.           
\1\Estimated employee size standard based on revenues per employee (except SIC code 8731).                      
\2\Estimated receipts size standard based on revenues per employee.                                             

    The next step in the analysis was to assure that the new size 
standard would be consistent with all of SBA's size standards as to the 
way in which those standards in turn relate to industry differences. 
Failure to take this factor into account could result in a size 
standard that would be aberrational in terms of SBA's overall size 
standards system. This step was an examination of each of the same four 
industry factors and the existing size standards with respect to two 
large groups of industries close to either end of the existing size 
standard spectrum for non-manufacturing industries. To demonstrate this 
analysis, the paragraph below sets forth the calculations with respect 
to one of the four industry factors: average firm size. The groups of 
industries selected for consistency purposes were (1) representative 
industries covered by a $5 million standard, and (2) representative 
industries covered by standards of $17 million-$25 million, which have 
an average of $18.5 million.
    This examination revealed that, as to the representative industries 
covered by the $5 million standard, those industries in the aggregate 
had an average firm size of $1.15 million, and as to the representative 
industries covered by standards of $17 million-$25 million, those 
industries had an average firm size of $3.76 million. In order to 
identify the relationship between size standards and average firm size 
in terms of the extent to which differences between average firm size 
have influenced size standards, SBA used ratios of the size standards 
between the two groups of industries and the average firm sizes between 
the two groups. These ratios are expressed as 18.5/5 divided by 3.76/
1.15, or 1.13. This number suggests that there is a consistency 
correlation of 113 percent between average firm size and size standards 
generally. This means that data which reveals average firm size for a 
particular industry needs an adjustment by only an added 13 percent 
before calculating the size standard in order to achieve consistency 
with the way average firm size relates to size standards as a whole. 
Table 3 shows the calculations of a ``consistency ratio'' for average 
firm size and the other industry factors. The size standards ratio of 
3.7 (18.5/5) is a constant in these calculations, and is shown in the 
description of column (D).

                       Table 3.--Characteristics of Selected Non-Manufacturing Industries                       
----------------------------------------------------------------------------------------------------------------
                                                           (A)                                          (D)     
                                                        Industries  (B)Industries  (C)Difference    Consistency 
                                                         with $5M    with $17M to      ratio           ratio    
                                                         standard   $25M standard   (BA)  (3.7C)
----------------------------------------------------------------------------------------------------------------
Average Revenues Per Firm............................       $1.15M        $3.76M           3.27            1.13 
Average Assets Per Firm..............................       $0.76M        $2.10M           2.76            1.34 
Competition..........................................        25.5%         41.1%           1.61            2.30 
Percent of Revenues by Firm Size Greater Than:                                                                  
    $ 5 Million......................................        56.2%         84.8%           1.51            2.45 
    $18 Million......................................        36.1%         59.5%           1.65            2.24 
    Average..........................................          N/A           N/A           1.58            2.35 
----------------------------------------------------------------------------------------------------------------
Source: U.S. Bureau of the Census, Special Tabulation, Standard Statistical Establishment List, 1990.           

    Since average firm size ``data'' in the case of environmental 
remediation has to be calculated as a differential figure (see Table 
1), the consistency ratios were multiplied by the corresponding 
difference ratios. For example, the average firm size consistency ratio 
of 1.13 was multiplied by the average firm size difference ratio of 
3.17, for a final size factor of 3.58. Looking back to the weighted 
average size standards established for the parent industry group of 
either $12 million or 141 employees, average firm size, as one of only 
four industry factors, would therefore suggest that for the 
environmental remediation services industry the size standard should be 
3.58 times greater than those parent industry group standards, or 
approximately $45 million or 500 employees. Similar calculations were 
performed with respect to each of the other three industry factors. The 
data are shown in Table 4 below.

              Table 4.--Computation of Suggested Environmental Remediation Services Size Standards              
----------------------------------------------------------------------------------------------------------------
                                               (A)                                    (D)Suggested  (E)Suggested
                                          Environmental  (B)Consistency    (C)Size      receipts      employee  
                                            difference        ratio      factor (A x    standard      standard  
                                              ratio                           B)       ($12M x C)     (141 x C) 
----------------------------------------------------------------------------------------------------------------
Average Revenues Per Firm...............          3.17            1.13          3.58        $42.9M           505
Average Assets Per Firm.................          3.54            1.34          4.74         56.9M           668
Competition.............................          1.26            2.30          2.90         34.8M           409
Percent of Revenues by Firm Size Greater                                                                        
 Than:                                                                                                          
    $5 Million..........................          1.03            2.45          2.53         30.3M           355
    $18 Million.........................          1.31            2.24          2.93         35.2M           413
    Average.............................           N/A             N/A           N/A         32.7M           385
----------------------------------------------------------------------------------------------------------------

    Preliminary size standards were suggested by the calculations in 
table 4 of approximately $42 million or 490 employees. These 
preliminary size standards reflect an average of the suggested size 
standards indicated by the four industry factors, without giving one 
factor more weight than another.
    The impact of preliminary size standards of these magnitudes on 
Federal procurements was also assessed before finally adopting a size 
standard. This assessment also supported a very high size standard. The 
primary reason for development of this size standard is to standardize 
the classification of environmental remediation service activities 
under one industry size standard for procurement purposes. Information 
available to SBA shows that a number of full-service Federal 
remediation projects and site restoration projects, usually multi-year 
projects, have been projected to fall in the $20 to $30 million range, 
with some contracts exceeding $100 million. In rate cases such 
contracts may even exceed $1.0 billion with prime contractors 
subcontracting much of the work. These are extraordinarily large 
contracts for Federal procurements that are not contracts for 
manufactured goods. In addition to the large size of contracts, there 
is also an extensive level of sophistication required on these 
contracts given the concern for public health and safety regarding 
hazardous materials, and the specialized equipment, personnel and work 
precautions needed by a contractor when handling hazardous materials. 
Moreover, since the SBA is requiring that contracts which fall in this 
category be composed of activities in three industries (as explained 
below), such contracts would naturally tend to be larger contracts. 
Relatively large companies will necessarily have to be involved on 
environmental remediation services contracts given the size and 
sophistication of Federal government remedial efforts. A very high size 
standard is thus suggested by the nature of the Federal procurement 
marketplace and the presence of large firms which tend to dominate 
these Federal procurement activities. The preliminary size standards of 
$42 million and 490 employees are consistent with this factor.
    Based on the industry analysis and a consideration of the available 
information on Federal procurement, the SBA has decided to establish a 
500 employee size standard for environmental remediation services. As 
the previous industry analysis shows, a 490 employee size standard 
adequately reflects the structure of the environmental remediation 
services industry based on available data on firms engaged in these 
services. For administrative convenience, the 490 employee level is 
rounded up to 500 employees to be consistent with other SBA employee-
based size standards.
    The SBA has decided to adopt number of employees as the size 
standard measure for environmental remediation services rather than a 
size standard based on annual receipts, as was proposed. As stated in 
the proposed rule, the SBA generally utilizes a receipts-based size 
standard for non-manufacturing industries, but it stated it would 
consider establishing an employee-based size standard for environmental 
remediation services if information was provided that indicated the use 
of a receipts-based size standard would be inequitable. SBA 
specifically solicited comments indicating the need for an employee-
based size standard. In response, SBA received 15 comments which 
advocated adoption of an employeee-based size standard. Only one 
comment was received which specifically stated that the size standard 
should be based on receipt and not member of employees. Other comments 
supported or opposed the $18 million size standard,but did not discuss 
specifically whether receipts or employees would be a more equitable 
means of measuring size. SBA also continued its own assessment of 
whether a receipts-based or an employee-based size standard would be a 
better measure of size for this new, emerging industry.
    The comments which explained their preference for an employee size 
standard pointed out that environmental remediation contracts using 
this size standard would be obtained by contractors who would 
subcontract out a relatively high proportion of work, and that revenues 
passed-through to subcontractors should not be attributed to the prime 
contractor. SBA agrees that there likely will be a very high percentage 
of subcontracting; this consideration, in combination with the fact 
that the contracts involved will be extremely large contacts, and the 
fact that environmental remediation is an emerging industry, suggests 
that a receipts-based size standard would be less equitable than an 
employee standard. If a $42 million size standard were established 
instead of one at 500 employees, a firm which is already generating 
significant revenues could receive a single environmental remediation 
contract in an amount close to the size standard and effectively become 
large for purposes of future contracts, even though one-third or more 
of the revenues of the contract might be attributed to another firm. 
This result would hinder the ability of small businesses in this 
emerging industry to grow and continue to participate in the Federal 
market. SBA believes it would be inconsistent with the purposes of the 
small business and minority small business set-aside programs to 
establish a size standard which would effectively be useful to firms on 
only one or two contracts before disqualifying them from further 
benefits from the program. This principle is particularly important for 
new industries where the small business segment is generally less able 
to compete effectively due to uncertainties as to market and fast-
moving technologies. Moreover, since firms from nine or more industries 
have the capability to perform some or all of the environmental 
remediation requirements, the type and amount of activity to be 
subcontracted will vary considerably by contract and by the 
capabilities of the prime contractor. Accordingly, SBA doubts that it 
can establish a receipts-based size standard which reflects a 
``typical'' subcontracting pattern for environmental remediation 
services.
    SBA recognizes that, in other contexts, pass-through revenue by 
itself has not warranted establishment of an employee-based size 
standard. Here, the additional factors of the extremely large size of 
the expected contracts, and the status of environmental remediation 
services as an emerging industry with its special needs for growth 
opportunities for small business, have persuaded SBA that an employee-
based size standard is appropriate.

Comments to Proposed Rule

    In response to its proposed rule, the SBA received comments from 69 
interested parties. Sixty-two of those comments discussed the proposed 
size standard. All comments dealing with the appropriate level or type 
of size standard were carefully considered by SBA, and the discussion 
above has explained in detail how SBA has selected the size standard of 
500 employees. None of the comments presented SBA with credible data 
which would conflict with SBA's analysis in any significant way, and 
most comments discussed the proposed size standard in only general 
terms. Some comments did raise other issues related to the proposal 
which warrant discussion. Those issues are discussed below:

Environmental Remediation and the Brooks Act

    A few comments questioned whether SBA's designation of 
Environmental Remediation Services as a new sub-category under SIC code 
8744, Facilities Support Management Services, complied with the Federal 
Government's selection criteria for awarding architecture and 
engineering services contracts under the Brooks Act. These comments 
primarily came from engineering firms and associations. Under the 
Brooks Act procedures (see Subpart 36.6 of the Federal Acquisition 
Regulation (FAR), Title 48 of the Code of Federal Regulations), 
contracts for architecture and engineering services are competed based 
on the qualifications of architectural and engineering firms. This 
differs from many of the procedures for most other services where the 
primary criterion is usually price competition.
    Because application of the Brooks Act procedures does not depend on 
the SIC code assigned to a particular requirement, it is SBA's view 
that the establishment of a new sub-category within SIC code 8744 for 
Environmental Remediation Services will not disturb the Brooks Act 
determination process. It is a requirement's statement of work and how 
the requirement is to be performed, and not the SIC code assigned to 
it, that determines whether Brooks Act procedures should be used. The 
Brooks Act and Subpart 36.6 of the FAR do not require contracts to be 
awarded through Brooks Act procedures merely because architects or 
engineers might do part of the contract work. In this regard, the 
Brooks Act procedures apply to requirements that include both 
architect-engineer services and other services ``if the statement of 
work, substantially or to a dominant extent, specifies performance or 
approval by a registered or licensed architect or engineer,'' FAR, 
Sec. 36.601-3(b). As such, architect and engineering services may 
account for an identifiable portion of a particular requirement without 
the Brooks Act applying where these services are not substantial or 
dominant. The SIC code assigned to a requirement will not preclude 
Brooks Act procedures where the statement of work itself specifies a 
substantial or dominant amount of work by a registered or licensed 
architect or engineer. It is the extent of the architect and 
engineering services to be required by the statement of work that 
drives that determination. Case law and the Brooks Act's legislative 
history make clear that contracting officers have a great deal of 
discretion in determining whether the Brooks Act procedures apply to a 
particular procurement. See, e.g., H.R. Rep. No. 1070, 100th Cong., 2d 
Sess. 89, 90, reprinted in 1988 U.S. Code Cong. & Ad. News 5523; 
Association of Soil and Foundation Engineers, B-209547, 83-1 CPD 551 
(May 23, 1983); and Department of Energy Request for Decision, B-
207849, 82-2 CPD 63 (July 20, 1982).
    It is not uncommon for a single procurement to require more than 
one product or service. These products or services are often 
individually associated with different industries and size standards. 
Where this occurs in connection with an environmental remediation 
services procurement, this final rule provides explicit guidance as to 
the classification of the procurement by SIC code based on the 
principal purpose of the procurement and the relative value and 
importance of each of the components in the procurement. This guidance, 
however, refers only to the classification of the procurement for SIC 
code designation and size standard purposes. It leaves undisturbed the 
possible application of the Brooks Act or the award procedures to be 
used for the procurement.

Impact on Small Business Competitiveness Demonstration Program

    A few comments also questioned whether the establishment of the 
environmental remediation service size standard circumvents the Small 
Business Competitiveness Demonstration Program (Demonstration Program) 
by shifting procurements that might otherwise be designated as 
engineering, construction or refuse systems procurements into the 
environmental remediation services industry.
    The Demonstration Program was established by Title VII of the 
Business Opportunity Development Reform Act of 1988, Public Law 100-
656, 102 Stat. 3853, 3889, to test, over a four-year period, ``whether 
the expanded use of full and open competition will adversely affect 
small business participation in designated industry categories.'' It 
was statutorily extended through September 30, 1996. Four designated 
industry groups have been identified for inclusion in the program 
consisting of (1) all construction industries except for dredging; (2) 
the refuse systems and related services industries within SIC codes 
4212 and 4953, but generally not including contracts for dealing with 
hazardous materials; (3) the architectural and engineering services 
industries within SIC codes 7389, 8711, 8712, and 8713, but generally 
not including contracts for military and aerospace equipment, military 
weapons, marine engineering and naval architecture; and, (4) non-
nuclear ship repair.
    In general, the Demonstration Program was implemented to remedy the 
problem of too many set asides in industries where small businesses 
dominated because agencies overused set asides in those industries. The 
Demonstration Program targeted the specific industry categories listed 
above because they were overwhelmingly dominated by small business set 
asides, suspended the set asides in these specific industry categories, 
and barred SBA from changing the size standards for these industries.
    Pursuant to the Small Business Act, SBA generally has the authority 
to establish size standards on an industry by industry basis, and 
particularly for emerging industries. See, 15 U.S.C. sections 632(a) 
and 644(a). Although the Agency is constrained from changing the size 
standards for the industries within the Demonstration Program, it is 
SBA's view that the statutory restriction imposed by the Demonstration 
Program would not apply to the establishment of a sub-category within 
SIC code 8744, which is not one of the SIC codes statutorily identified 
for inclusion in the Program.
    Under this rule, a contracting officer may use the newly 
established Environmental Remediation Services sub-category and 
accompanying size standard only where (1) a procurement's general 
purpose is to restore a contaminated environmental area, (2) three or 
more distinct types of services are required by the procurement, and 
(3) no single industry accounts for at least 50 percent of the value of 
the entire procurement. It is our view that where these conditions are 
met, the requirement loses its identity as one for ``construction,'' 
``refuse systems,'' or ``architectural or engineering services.'' Thus, 
the restriction imposed by the Demonstration Program on changing the 
size standards for those industries is inapplicable. If a procurement 
is primarily (i.e., at least 50 percent) engineering, or construction, 
or refuse cleanup and disposal, it still would be assigned a SIC code 
in one of those industries and not in the environmental remediation 
services industry. Such a procurement could be subject to the 
Demonstration Program. Because of the rule's definition of 
environmental remediation services, only procurements which have 
multiple industry activities and which are also designed to restore the 
environment would be classified properly under the environmental 
remediation services size standard, and procurements properly 
classified in industries covered by the Demonstration Program would not 
be affected by this rule.
    Prior to this rule, solicitations requiring environmental remedial 
services type work have been classified inconsistently and sometimes 
incorrectly within the Demonstration Program. Some requirements have 
been classified under one of the SIC codes within the Demonstration 
Program, even though the requirement actually was for a multi-
disciplinary approach to environmental cleanup with most of the work 
not related to the assigned SIC code.
    This rule will have the effect of clarifying that any environmental 
remediation services requirement for which one component accounts for 
at least 50 percent of the value of the requirement should be 
designated under the SIC code for that component. Thus, if that one 
component is an item covered by the Demonstration Program, the 
procurement should be assigned a Demonstration Program SIC code, and 
the contracting officer should not avoid the Demonstration Program by 
assigning a different SIC code to match another type of service 
contained within the requirement. As a consequence of this rule, fewer 
solicitations will be misclassified because there will be a more 
accurate classification system for the environmental remediation 
services requirements.

The Three Industry Criteria

    Some comments raised concerns regarding the definitional 
requirement that for a procurement to be designated under the 
environmental remediation services category and given the applicable 
size standard, it would have to contain at least three different 
industry components. Several of the comments argued that the three 
industry requirement would limit the use of the size standard of 
environmental remediation services procurements. Several other comments 
alleged either that the present SIC codes are adequate to classify 
environmental remediation services procurements or that a three 
industry criteria would be confusing and result in errors in which 
procurements would be misclassified by SIC code and size standard. 
Several comments mentioned that a firm would have to be performing in 
three or more industries before it could qualify as a small business 
for environmental remediation services procurements.
    For a number of reasons, SBA believes it is appropriate to 
establish a separate description of environmental remediation services 
with the requirement that there be three or more activities associated 
with distinct four-digit SIC codes. First, the available information 
and data reveal an emerging industry which is characterized by firms 
that already have multi-disciplinary capabilities related to different 
aspects of environmental cleanup. Second, environmental remediation 
procurements frequently include requirements for many different 
services that need to be interrelated by a single prime contractor. As 
indicated above, such procurements have been vulnerable to widely 
divergent approaches by contracting offices as to the proper SIC code 
classification. Third, the three industry requirement, when combined 
with the requirement that a single component not exceed 50 percent, 
ensures that procurements which primarily consist of an activity within 
the Competitiveness Demonstration Program are so classified rather than 
as an environmental remediation services requirement.
    SBA believes that limiting the use of the environmental remediation 
services size standard to contracts where less than 50 percent of a 
procurement consists of a particular activity is appropriate. As 
indicated above, many of the SIC codes which sometimes entail 
environmental remediation activity are also included within the 
Competitiveness Demonstration Program. In its desire to accommodate an 
emerging industry, SBA does not wish to create a size standard which 
would permit the avoidance of that Program where the majority of the 
work required would fall under one of the SIC codes covered by the 
Program. Since an emerging industry exists, which is not adequately 
defined by an existing SIC code other than SIC code 8744, a further 
segmentation of that SIC code is required for size standard purposes.
    SBA also believes that the three industry criteria will not be 
confusing to any great extent. The same general criteria apply to the 
selection process of the size standard for Base Maintenance, a category 
which the SBA has maintained as a separate component of Facilities 
Support Management Services for many years without significant 
confusion.
    Comments received on this issue suggest a need to clarify the 
application of the three industry requirement. The description of 
environmental remediation services regarding Federal procurements is 
designed to inform contracting officers as to which procurements should 
be assigned the size standard. Section 121.902 of SBA's regulations 
describes the criteria for making SIC designations. A firm qualifying 
as an eligible small business on an environmental remediation services 
procurement is only required to meet the size standard for that 
procurement. It is the contracting officer's responsibility to 
determine if the eligible small business is capable of performing the 
various requirements of the procurement, and whether that firm intends 
to perform all of the activities associated with the procurement or to 
subcontract one or more activities to another firm.
    For other SBA programs, such as the ``7(a) General Business Loan 
Program,'' the size standard would be based on a firm's primary 
industry activity. A firm citing environmental remediation services as 
its primary industry would have to demonstrate that it currently 
operates in three or more industries and that no one industry accounts 
for 50 percent or more of its total business activity.

Multiple Size Standards

    A few comments recommended a two-tier standard for environmental 
remediation services in which ``technical or professional'' 
environmental remediation services would have a different size standard 
from ``non-professional and non-technical remediation'' services. These 
comments generally recommended a size standard of $18 million to $25 
million for non-professional remediation services, but disagreed on the 
size standard for professional environmental services. Some believed a 
size standard lower than $18 million would be appropriate to assist 
small businesses, while others recommended $25 million or 750 employees 
to increase procurement opportunities for small businesses. Other 
comments recommended establishing a separate size standard within many 
industries which sometimes perform activities related to environmental 
services, rather than a single environmental remediation size standard 
under SIC code 8744. SBA believes that either the establishment of two 
separate environmental remediation services size standards, or the 
establishment of a separate environmental size standard within a number 
of related industries, would be unwarranted and would add needless 
complexity and confusion to SBA's size standards.
    The SBA generally establishes size standards by four-digit SIC 
code, unless a segment of an industry possesses unique characteristics 
which make the size composition of firms within that industry segment 
substantially different from other firms in the industry. The SBA 
believes this to be the case for environmental remediation services. To 
go further and create yet another segmentation within environmental 
remediation services would be unprecedented and unnecessary. The SBA 
lacks any significant data suggesting that a further differentiation 
within this industry is needed to reflect different characteristics 
divided along professional versus non-professional lines.
    To create a new segmentation of each of the nine SIC codes 
primarily associated with environmental remediation would be 
impractical, would add substantial and needless complexity to the size 
standard system, and would undercut SBA's ongoing efforts to simplify 
and consolidate size standards, where appropriate. As indicated above, 
the purpose of this size standard is to establish a definition of small 
business for an emerging industry where very large firms dominate the 
industry, and where Federal procurements tend to be large scale, multi-
activity contracts. While other types of environmentally related 
procurements usually will have a scope of work confined to one industry 
activity and be smaller procurements. This generally is not the case 
for environmental remediation services.

SIC Code Selection

    Several comments expressed concern that a misclassification of 
procurements by SIC code (and, therefore the size standard associated 
with the SIC code) by a contracting agency would occur if the nature of 
a procurement had to be determined before the actual scope of work for 
each activity would be known. For example, a contracting officer 
reasonably could believe that at least three distinct SIC codes were 
involved, or that no SIC code would comprise more than 50 percent of 
contract activities before contract award, but actual contract 
performance would reveal a different pattern of work. These comments 
warned that a dichotomy between pre-contract expectations and actual 
contract performance experiences would result in an increased level of 
protests.
    The SBA recognizes that the actual distribution of work on a 
multiple-activity procurement may differ from the anticipated 
distribution. Nonetheless, contracting officers presently must use 
their best judgment in designating a SIC code for a procurement based 
on their knowledge of the work statement associated with the 
procurement, and the situation for application of this SIC code is no 
different. Moreover, SBA's experience with the base maintenance size 
standard, where a similar assessment of work to be performed must be 
made, has shown the approach to be workable.

Size Standards on Subcontracts

    Several comments expressed concern as to the proper size standard 
for a subcontract for environmental remediation services let by a 
contractor which had been awarded a federal prime contract under a 
different SIC code. For subcontracts of more than $10,000, current SBA 
regulations provide that the same procedures for designating the proper 
SIC code for a Federal prime contract also apply on subcontracts. Thus, 
if a subcontract is primarily for environmental remediation activities 
and can be identified with at least three separate SIC industries, none 
accounting for 50 percent or more of the work, the environmental 
remediation services size standard of 500 employees would apply. On the 
other hand, if the subcontract does not have three or more separate 
industries or one of its industries exceeds 50 percent of the value of 
the contract, the appropriate size standard would be that of the 
primary industry and not the environmental remediation industry's size 
standard. For subcontracts of $10,000 or less, a size standard of 500 
employees should be applied regardless of the nature of the work. SBA's 
size regulations at 13 C.F.R. 121.910-911 discuss the designation of 
SIC codes and size standards for subcontracting.

Compliance With Regulatory Flexibility Act, Executive Orders 11612, 
12788, and 12866 and the Paperwork Reduction Act

General
    This rule has been reviewed under Executive Order 12866.
    Based on all available information, the SBA believes that this 
final rule will have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq. Immediately below the SBA has 
set forth a regulatory impact analysis.
(1) Description of Entities to Which This Rule Applies
    Based on SBA's knowledge of the relative importance of 
environmental remediation activities among the nine industries surveyed 
in this rule, the SBA estimates that over 1,100 firms would immediately 
gain eligibility to bid on procurements for this activity competed 
under various small business and small disadvantaged business 
procurement preference programs, or would be able to seek assistance 
under the SBA's financial assistance programs. Of these 1,100 firms, 
200 would fall in the $18.0 million to 500 employee (equivalent to 
approximately $50.0 million) range and be included by SBA's decision to 
adopt a size standard of 500 employees for this activity rather than 
the proposed $18.0 million. SBA believes these 1,100 firms are active 
in environmental remediation, but exceed the size standard of the 
various environmentally related industries (construction, engineering, 
refuse collection, etc.) in which procurements have been classified in 
the absence of an environmental remediation services size standard. 
Since the size standards for all but one of these industries are less 
than 500 employees, a number of firms exceeding these industries' size 
standards would gain eligibility. From a longer term perspective, 
however, many more firms than the estimated 1,100 firms will eventually 
be impacted by this rule, as firms expand or shift their capabilities 
in response to the anticipated growth of federal contracting for 
environmental remediation efforts.
(2) Description of Potential Benefits of This Rule
    The establishment of a size standard of 500 employees would expand 
procurement opportunities to hundreds of firms previously not 
considered small and permit Federal agencies to better utilize 
procurement preference programs for small business and small 
disadvantaged businesses (SDB) and the SBA's 8(a) Program. The amount 
of Federal contracting in this area is projected to fall in the 
billions of dollars on a yearly basis. It is possible that over a ten 
year period, Federal contracting will exceed $50 billion for this 
activity. At present, many Federal procurements are not set aside for 
small firms or reserved for SDB or 8(a) firms because the alternative 
size standards for environmental work are considered too low, thus 
restricting small business eligibility to firms without the resources 
to adequately perform the work. The result is that the preference 
programs for small businesses are not fully utilized and many contracts 
which could be set-aside or reserved for small disadvantaged businesses 
are competed on an unrestricted basis.
    In the SBA's Business Loan Program, it is estimated that twelve 
additional loans amounting to $6 million will be made to firms newly 
eligible to participate in the program under the 500 employee size 
standard established by this rule. This fairly small impact occurs 
because only a small percentage of eligible firms seek financial 
assistance in this program in any one year, especially firms within the 
size ranges affected by this rule.
(3) Description of the Potential Costs of This Rule
    The potential costs of the establishment of this size standard are 
expected to be minimal. With respect to the General Business Loan 
Program, no additional costs to the government should result since all 
of the SBA's lending authority is established by appropriations which 
the Agency does not have the authority to exceed.
    The costs to the Federal government through the procurement process 
are also thought to be minimal for two reasons: First, competition 
between two or more small firms must be present before a contract can 
be set aside for small business. Second, set-asides are expected to be 
awarded at reasonable prices. If competition and reasonable pricing do 
not exist on a proposed set-aside, the procuring agency is expected to 
issue an unrestricted procurement. This process suggests that losses in 
the form of increased costs to the government, if at all, are unlikely 
to be significant.
    In addition, this new size standard is not expected to have 
significant adverse effect on competition, employment, investment, 
prices, productivity, innovation or the ability of U.S. based 
businesses to compete with foreign-based businesses in domestic or 
export markets. The competitive effects of size standard changes differ 
from those normally associated with most regulations affecting factors 
such as prices of goods and services, costs of labor, profits, growth, 
innovations, mergers and access to foreign trade because no firm is 
required to respond to a size standard revision.
(4) Description of the Potential Net Benefits of the Rule
    From the above discussion, the SBA believes that because the 
potential costs of this rule are minimal, the potential net benefits 
(potential benefits minus potential costs) would approximately equal 
the potential benefits. The impact of the size standard would be 
concentrated in Federal Procurement.
(5) Legal Basis for This Rule
    The legal basis for this rule is sections 3(a), 5(b) and 15(a) of 
the Small Business Act, 15 U.S.C. 632(a), 634(b)(6) and 644(a).
(6) Federal Rules
    There are no Federal rules which duplicate, overlap or conflict 
with this final rule. The SBA has statutorily been given exclusive 
jurisdiction in establishing size standards.
(7) Significant Alternatives to This Rule
    In compliance with the Regulatory Flexibility Act, the SBA has 
examined alternatives to the 500 employee size standard established in 
this final rule. Other alternatives have been considered and rejected 
as discussed in the supplementary information above.
    The SBA certifies that this rule will not impose any requirements 
subject to the Paperwork Reduction Act of 1980, 44 U.S.C. chapter 35.
    The SBA certifies that this rule will not have federalism 
implications warranting the preparation of a Federalism Assessment in 
accordance with Executive Order 12612. For purposes of Executive Order 
12778, the SBA certifies that this rule is drafted, to the extent 
practicable, in accordance with the standards set forth in section 2 of 
that order.

List of Subjects in 13 CFR Part 121

    Government procurement, Government property, Grant programs-
business, Loan programs-business. Small business.

    Accordingly, part 121 of 13 CFR is amended as follows:

PART 121--[AMENDED]

    1. The authority citation for part 121 continues to read as 
follows:

    Authority: 15 U.S.C. 632(a), and 632(b)(6), 637(a), 644(a) and 
644(c).


Sec. 121.601  [Amended]

    2. Section 121.601, Major Group 87 is amended by revising SIC code 
8744 within Major Group 87 to read as follows:


Sec. 121.601  Standard Industrial Classification codes and size 
standards.

* * * * * 

----------------------------------------------------------------------------------------------------------------
                                                                                                         Size   
                                                                                                      standards 
                                                                                                      in number 
SIC (* = new SIC code in 1987, not used       Description (N.E.C. = note elsewhere classified)            of    
               in 1972)                                                                               employees 
                                                                                                     or millions
                                                                                                      of dollars
----------------------------------------------------------------------------------------------------------------
Major Group 87--Engineering,                                                                                    
 Accounting, Research, Management, and                                                                          
 Related Services:                                                                                              
                                                                                                                
                                                                                                                
                                                  * * * * * * *                                                 
8744*..................................  Facilities Support Management Services\19\................         $5.0
                                         Base Maintenance\20\......................................        $20.0
                                         Environmental Remediation\23\.............................          500
                                                                                                                
                                                                                                                
                                                  * * * * * * *                                                 
----------------------------------------------------------------------------------------------------------------
\19\Facilities Management, a component of SIC code 8744, has the following definition: Establishments, not      
  elsewhere classified, which provide overall management and the personnel to perform a variety of related      
  support services in operating a complete facility in or around a specific building, or within another business
  or Government establishment. Facilities management means furnishing three or more personnel supply services   
  which any include, but are not limited to, secretarial services, typists, telephone answering, reproduction or
  mimeograph service, mailing service, financial or business management, public relations, conference planning, 
  travel arrangements, word processing, maintaining files and/or libraries, switchboard operation, writers,     
  bookkeeping, minor office equipment maintenance and repair, use of information systems (not programming), etc.
                                                                                                                
A\20\SIC code 8744: If one of the activities of base maintenance as defined below, can be identified with a     
  separate industry, and that activity (or industry) accounts for 50 percent or more of the value of an entire  
  contract, then the proper size standard shall be that for the particular industry, and not the base           
  maintenance size standard.                                                                                    
A``Base Maintenance'' constitutes three or more separate activities. The activities may be either service or    
  special trade construction related activities. As services, these activities must each be in a separate       
  industry. These activities may include, but are not limited to, such separate maintenance activities as       
  Janitorial and Custodial Service, Protective Guard Service, Commissary Service, Fire Prevention Service,      
  Safety Engineering Service, Messenger Service, and Grounds Maintenance and Landscaping Service. If the        
  contract involves the use of special trade contractors (plumbing, painting, plastering, carpentering, etc.),  
  all such specialized special trade construction activities will be considered a single activity, which is Base
  Housing Maintenance. This is only one activity of base maintenance and two additional activities must be      
  present for the contract to be considered base maintenance. The size standard for Base Housing Maintenance is 
  $7 million, the same size standard as for Special Trade Contractors.                                          
*****                                                                                                           
\23\SIC code 8744: For SBA program assistance as a small business concern in the industry of Environmental      
  Remediation Services, other than for Government procurement under SIC code 8744, the following requirements   
  must be met: Such a concern must be engaged primarily in furnishing a range of services for the remediation of
  a contaminated environment to an acceptable condition. Such services include, but not limited to, preliminary 
  assessment, site inspection, testing, remedial investigation, feasibility studies, remedial design,           
  containment, remedial action, removal of contaminated materials, storage of contaminated materials and        
  security and site closeouts. If one of such activities accounts for 50 percent or more of a concern's total   
  revenues, employees, or other related factors, the concern's primary industry shall be that of the particular 
  industry and not the Environmental Remediation Services Industry.                                             
For purposes of classifying a Government procurement as Environmental Remediation Services under SIC code 8744, 
  the following is required: (1) That the general purpose of the procurement is to restore a contaminated       
  environment; and (2) that the procurement is composed of activities in three or more separate industries      
  identified with separate Standard Industrial Classification four-digit industry codes or, in some instances   
  (e.g., engineering), smaller sub-components of four-digit industry codes with separate, distinct size         
  standards. These activities may include, but are limited to, separate activities in industries such as: Heavy 
  Construction; Special Trade Construction; Engineering Services; Architectural Services; Management Services;  
  Refuse Systems; Sanitary Services, Not Elsewhere Classified; Local Trucking Without Storage; Testing          
  Laboratories; and Commercial, Physical and Biological Research. If any activity in the procurement can be     
  identified with a separate four-digit industry code, or component of a code with a separate distinct size     
  standard, and that industry accounts for 50 percent or more of the value of the entire procurement, then the  
  proper size standard shall be the one for that particular industry, and not the Environmental Remediation     
  Service size standard.                                                                                        

* * * * *
    Dated: September 8, 1994.
Cassandra M. Pulley,
Deputy Administrator.
[FR Doc. 94-22677 Filed 9-14-94; 8:45 am]
BILLING CODE 8025-01-M