Small Business Size Standards; Adoption of Size Standards by 2007 North American Industry Classification System for Size Standards

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Federal Register: March 11, 2008 (Volume 73, Number 48)

Rules and Regulations

Page 12869-12870

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr11mr08-1

Rules and Regulations

Federal Register

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Page 12869

SMALL BUSINESS ADMINISTRATION 13 CFR Part 121

RIN 3245-AF66

Small Business Size Standards; Adoption of Size Standards by 2007

North American Industry Classification System for Size Standards

AGENCY: Small Business Administration.

ACTION: Direct final rule; correcting amendment.

SUMMARY: The U.S. Small Business Administration (SBA) is correcting the direct final rule it published in the Federal Register on August 29, 2007, that amended its Small Business Size Regulations by incorporating the Office of Management and Budget's (OMB) 2007 modifications of the

North American Industry Classification System (NAICS) into its table of small business size standards. The direct final rule published on

August 29, 2007 established an incorrect small business size standard for NAICS 517919, All Other Telecommunications. The correct small business size standard is $23.0 million in average annual receipts.

Also, the descriptive titles for 19 NAICS codes are also being amended by this action. SBA is changing the industry descriptions in its table of size standards so they will match the descriptions published by OMB in NAICS 2007.

DATES: Effective Date: March 11, 2008.

FOR FURTHER INFORMATION CONTACT: Carl Jordan, Program Analyst, Division of Size Standards, at (202) 205-6618 or sizestandards@sba.gov.

SUPPLEMENTARY INFORMATION: SBA published a direct final rule in the

August 29, 2007 Federal Register (72 FR 49639) to amend its Small

Business Size Regulations by incorporating the OMB 2007 modifications of the North American Industry Classification System (NAICS) into its table of small business size standards.

In the direct final rule, SBA included Table 1 which provided rules for establishing size standards upon incorporating NAICS 2007 into its table of size standards. Rule 3 in Table 1 stated the following:

Table 1

If the NAICS 2007 industry is

The size standard for the NAICS composed of

industry will be

3. More than one NAICS 2002

The same size standard as for the industry; parts of more than one

NAICS 2002 industry or NAICS 2002

NAICS 2002 industry; or one or

industry part(s) that most closely more NAICS 2002 industry and

matches the economic activity part(s) of one or more NAICS 2002 described by the NAICS 2007 industry,

industry. and they do not all have the same size standard.

Applying Rule 3 from Table 1, SBA had indicated on pages 49642 and 49643 of the direct final rule that the small business size standard for NAICS 517919, All Other Telecommunications, would be $23.0 million in average annual receipts. However, SBA incorrectly stated in item 2(n) on page 49644 that the small business size standard is $23.5 million in average annual receipts.

Because SBA properly applied Rule 3 from Table 1 of the direct final rule, the correct size standard is $23.0 million, and this action corrects 13 CFR 121.201 to reflect the correct size standard.

In addition, SBA is correcting the Industry Descriptions for 19

NAICS industries in its table of size standards to match the industry descriptions in NAICS 2007. Table 2, below, is a list of the NAICS codes with the titles as published in the August 29, 2007 Federal

Register, and as corrected. The following changes to the industry descriptions do not affect any small business size standards; the small business size standards for these NAICS codes remain unchanged.

Table 2

Industry descriptions in August 29, 2007 Industry descriptions

NAICS code

Federal Register

corrected direct final rule

112920.................... Horse and Other

Horses and Other

Equine Production.

Equine Production. 311340.................... Non-Chocolate

Nonchocolate

Confectionery

Confectionery

Manufacturing.

Manufacturing. 311613.................... Rendering and Meat By- Rendering and Meat

Product Processing.

Byproduct

Processing. 322223.................... Plastics, Foil, and

Coated Paper Bag and

Coated Paper Bag

Pouch Manufacturing.

Manufacturing. 323118.................... Blankbook, Loose-leaf Blankbook, Looseleaf

Binder and Device

Binders and Devices

Manufacturing.

Manufacturing. 326111.................... Unsupported Plastics Plastics Bag and

Bag Manufacturing.

Pouch Manufacturing. 326112.................... Unsupported Plastics Plastics Packaging

Packaging Film and

Film and Sheet

Sheet Manufacturing. (including

Laminated)

Manufacturing. 326113.................... Unsupported Plastics Unlaminated Plastics

Film and Sheet

Film and Sheet

(except Packaging)

(except Packaging)

Manufacturing.

Manufacturing. 326121.................... Unsupported Plastics Unlaminated Plastics

Profile Shapes

Profile Shape

Manufacturing.

Manufacturing. 326122.................... Plastics Pipe and

Plastics Pipe and

Pipe Fitting

Pipe Fitting

Manufacturing.

Manufacturing.

Page 12870

326130.................... Laminated Plastics

Laminated Plastics

Plate, Sheet and

Plate, Sheet (except

Shape Manufacturing. Packaging), and

Shape Manufacturing. 331221.................... Cold-Rolled Steel

Rolled Steel Shape

Shape Manufacturing. Manufacturing. 485113.................... Bus and Motor Vehicle Bus and Other Motor

Transit Systems.

Vehicle Transit

Systems. 522298.................... All Other Non-

All Other

Depository Credit

Nondepository Credit

Intermediation.

Intermediation. 522320.................... Financial

Financial

Transactions

Transactions

Processing, Reserve, Processing, Reserve, and Clearing House

and Clearinghouse

Activities.

Activities. 561330.................... Employee Leasing

Professional Employer

Services.

Organizations. 721191.................... Bed and Breakfast

Bed-and-Breakfast

Inns.

Inns. 812921.................... Photo Finishing

Photofinishing

Laboratories (except Laboratories (except

One-Hour).

One-Hour). 812922.................... One-Hour Photo

One-Hour

Finishing.

Photofinishing.

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. 0

For the reasons set forth in the preamble to this rule, SBA amends 13

CFR part 121 as follows:

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. 0 2. Amend Sec. 121.201, in the table ``Small Business Size Standards by

NAICS Industry'' as follows: 0 a. Revise the industry description of NAICS code 112920 ``Horses and

Other Equine Production'' to read ``Horses and Other Equine

Production''. 0 b. Revise the industry description of NAICS code 311340 ``Non-Chocolate

Confectionery Manufacturing'' to read ``Nonchocolate Confectionery

Manufacturing''. 0 c. Revise the industry description of NAICS code 311613 ``Rendering and

Meat By-Product Processing'' to read ``Rendering and Meat Byproduct

Processing''. 0 d. Revise the industry description of NAICS code 322223 ``Plastics,

Foil, and Coated Paper Bag Manufacturing'' to read ``Coated Paper Bag and Pouch Manufacturing''. 0 e. Revise the industry description of NAICS code 323118 ``Blankbook,

Loose-leaf Binders and Devices Manufacturing'' to read ``Blankbook,

Looseleaf Binder and Device Manufacturing''. 0 f. Revise the industry description of NAICS code 326111 ``Unsupported

Plastics Bag Manufacturing'' to read ``Plastics Bag and Pouch

Manufacturing''. 0 g. Revise the industry description of NAICS code 326112 ``Unsupported

Plastics Packaging Film and Sheet Manufacturing'' to read ``Plastics

Packaging Film and Sheet (including Laminated) Manufacturing''. 0 h. Revise the industry description of NAICS code 326113 ``Unsupported

Plastics Film and Sheet (except Packaging) Manufacturing'' to read

``Unlaminated Plastics Film and Sheet (except Packaging)

Manufacturing''. 0 i. Revise the industry description of NAICS code 326121 ``Unsupported

Plastics Profile Shapes Manufacturing'' to read ``Unlaminated Plastics

Profile Shape Manufacturing''. 0 j. Revise the industry description of NAICS code 326122 ``Plastics Pipe and Pipe Fitting Manufacturing'' to read ``Plastics Pipe and Pipe

Fitting Manufacturing''. 0 k. Revise the industry description of NAICS code 326130 ``Laminated

Plastics Plate, Sheet and Shape Manufacturing'' to read ``Laminated

Plastics Plate, Sheet (except Packaging), and Shape Manufacturing''. 0 l. Revise the industry description of NAICS code 331221 ``Cold-Rolled

Steel Shape Manufacturing'' to read ``Rolled Steel Shape

Manufacturing''. 0 m. Revise the industry description of NAICS code 485113 ``Bus and Motor

Vehicle Transit Systems'' to read ``Bus and Other Motor Vehicle Transit

Systems''. 0 n. Revise the Size standards in millions of dollars amount in the entry for 517919 to read ``$23.0''. 0 o. Revise the industry description of NAICS code 522298 ``All Other

Non-Depository Credit Intermediation'' to read ``All Other

Nondepository Credit Intermediation''. 0 p. Revise the industry description of NAICS code 522320 ``Financial

Transactions Processing, Reserve, and Clearing House Activities'' to read ``Financial Transactions Processing, Reserve, and Clearinghouse

Activities''. 0 q. Revise the industry description of NAICS code 561330 ``Employee

Leasing Services'' to read ``Professional Employer Organizations''. 0 r. Revise the industry description of NAICS code 721191 ``Bed and

Breakfast Inns'' to read ``Bed-and-Breakfast Inns''. 0 s. Revise the industry description of NAICS code 812921 ``Photo

Finishing Laboratories (except One-Hour)'' to read ``Photofinishing

Laboratories (except One-Hour)''. 0 t. Revise the industry description of NAICS code 812922 ``One-Hour

Photo Finishing'' to read ``One-Hour Photofinishing''.

Dated: March 4, 2008.

Arthur E. Collins,

Director, Government Contracting.

FR Doc. E8-4788 Filed 3-10-08; 8:45 am

BILLING CODE 8025-01-P

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