[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

0
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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