Small Business Size Regulations; Rules of Procedure Governing Cases Before the Office of Hearings and Appeals; Correction, 46312-46313 [E9-21505]
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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
2009–10 crop year include $26,450 for
salaries and benefits, $11,780 for
operating expenses, and $15,908 for
contingencies. Budgeted expenses for
these items in 2008–09 were $26,248 for
salaries and benefits, $12,893 for
operating expenses, and $26,459 for
contingencies.
The 2009–10 assessment rate was
derived by considering the handler
assessment revenue needed to meet
anticipated expenses, the estimated
salable tons of California dried prunes,
excess funds carried forward into the
2009–10 crop year, and estimated
interest income. Therefore, the
Committee recommended an assessment
rate of $0.16 per ton of salable dried
prunes.
Prior to arriving at its budget of
$54,138, the Committee considered
information from various sources,
including the Committee’s Executive
Subcommittee. The Executive
Subcommittee reviewed the
administrative expenses shared between
the Committee and the CDPB in recent
years. The Executive Subcommittee
then recommended the $54,138 budget
and $0.16 per ton assessment rate to the
Committee. The Committee
recommended the same budget and
assessment rate to USDA.
Section 993.81(c) of the order
provides the Committee the authority to
use excess assessment funds from the
2008–09 crop year (estimated at
$28,533) for up to 5 months beyond the
end of the crop year to meet 2009–10
crop year expenses, which are estimated
to be $54,138. At the end of the 5
months, the Committee either refunds or
credits excess funds to handlers.
To calculate the percentage of grower
revenue represented by the assessment
rate for 2008, the assessment rate of
$0.30 per ton is divided by the
estimated average grower price
(according to the NASS). This results in
estimated assessment revenue for the
2008–09 crop year as a percentage of
grower revenue of .02 percent ($0.30
divided by $1,520 per ton). NASS data
for 2009 is not yet available. However,
applying the same calculations above
using the average grower price for 2006–
08 would result in estimated assessment
revenue as a percentage of total grower
revenue of .01 percent for the 2009–10
crop year ($0.16 divided by $1,453 per
ton). Thus, the assessment revenue
should be well below 1 percent of
estimated grower revenue in 2009.
This action decreases the assessment
obligation imposed on handlers.
Assessments are applied uniformly on
all handlers, and some of the costs may
be passed on to producers. However,
decreasing the assessment rate reduces
VerDate Nov<24>2008
16:13 Sep 08, 2009
Jkt 217001
the burden on handlers, and may reduce
the burden on producers. In addition,
the Committee’s meeting was widely
publicized throughout the California
dried prune industry and all interested
persons were invited to attend the
meeting and participate in Committee
deliberations on all issues. Like all
Committee meetings, the June 25, 2009,
meeting was a public meeting and all
entities, both large and small, were able
to express views on this issue. Finally,
interested persons are invited to submit
comments on this interim final rule,
including the regulatory and
informational impacts of this action on
small businesses.
This action imposes no additional
reporting or recordkeeping requirements
on either small or large California dried
prune handlers. As with all Federal
marketing order programs, reports and
forms are periodically reviewed to
reduce information requirements and
duplication by industry and public
sector agencies.
AMS is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this rule.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
AMSv1.0/ams.fetchTemplateData.do?
template=TemplateN&page=Marketing
OrdersSmallBusinessGuide. Any
questions about the compliance guide
should be sent to Jay Guerber at the
previously mentioned address in the
FOR FURTHER INFORMATION CONTACT
section.
After consideration of all relevant
material presented, including the
information and recommendation
submitted by the Committee and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
Pursuant to 5 U.S.C. 553, it also found
and determined that good cause exists
for not postponing the effective date of
this rule until 30 days after publication
in the Federal Register because: (1) The
2009–10 crop year begins on August 1,
2009, and the marketing order requires
that the rate of assessment for each year
apply to all assessable prunes handled
during the year; (2) this action decreases
the assessment rate for assessable
prunes beginning with the 2009–10 crop
year; (3) handlers are aware of this
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Fmt 4700
Sfmt 4700
action which was unanimously
recommended at a public meeting and
is similar to actions recommended by
the Committee in past years, and (4) this
interim final rule provides for a 60-day
comment period, and all comments
timely received will be considered prior
to finalization of this rule.
List of Subjects in 7 CFR Part 993
Marketing agreements, Plums, Prunes,
Reporting and recordkeeping
requirements.
■ For the reasons set forth in the
preamble, 7 CFR part 993 is amended as
follows:
PART 993—DRIED PRUNES
PRODUCED IN CALIFORNIA
1. The authority citation for 7 CFR
part 993 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 993.347 is revised to read
as follows:
■
§ 993.347
Assessment rate.
On and after August 1, 2009, an
assessment rate of $0.16 per ton of
salable dried prunes is established for
California dried prunes.
Dated: September 2, 2009.
Rayne Pegg,
Administrator, Agricultural Marketing
Service.
[FR Doc. E9–21658 Filed 9–8–09; 8:45 am]
BILLING CODE 3410–02–P
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.
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
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09SER1
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
Size Standards, (202) 205–6618 or
sizestandards@sba.gov.
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.
SUPPLEMENTARY INFORMATION:
1. 13 CFR 121.101, ‘‘What are SBA size
standards?’’
The text of 13 CFR § 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 https://
www.ntis.gov/yellowbk/1nty205.htm.
The NTIS has established a new
address, specifically https://
www.ntis.gov/products/naics.aspx.
Although the existing Web address in
§ 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.
jlentini on DSKJ8SOYB1PROD with RULES
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
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18:05 Sep 08, 2009
Jkt 217001
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 § 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 § 121.1205.
46313
§ 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.
■ 4. Amend § 121.1205 by revising the
first sentence to read as follows:
§ 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: https://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]
BILLING CODE 8025–01–P
DEPARTMENT OF TRANSPORTATION
List of Subjects in 13 CFR Part 121
Federal Aviation Administration
Administrative practice and
procedure, Government procurement,
Government property, Grant programs—
business, Individuals with disabilities,
Loan programs—business, Reporting
and recordkeeping requirements, Small
businesses.
14 CFR Part 39
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
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.
2. Amend § 121.101 by revising the
first sentence of paragraph (b) to read as
follows:
■
§ 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 https://www.ntis.gov/
products/naics.aspx. * * *
■ 3. Amend § 121.410 by revising the
second sentence to read as follows:
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[Docket No. FAA–2009–0264; Directorate
Identifier 2008–NM–174–AD; Amendment
39–16017; AD 2009–18–20]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A330–300, A340–200, and A340–300
Series Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
One Long Range operator experienced a
failure of one spoiler servo-control,
associated with surface deflection in flight
and hydraulic leak. On ground, this servocontrol Part Number (P/N) MZ4306000–02X
was found with the maintenance cover
broken. Investigations showed that the
rupture of the maintenance cover was due to
pressure pulse fatigue.
* * * The rupture of the maintenance
cover in flight may result in the deflection of
the associated spoiler surface up to the nullhinge position (loss of the hydraulic locking).
E:\FR\FM\09SER1.SGM
09SER1
]]>Agencies
[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Rules and Regulations]
[Pages 46312-46313]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21505]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 sizestandards@sba.gov.
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 https://www.ntis.gov/yellowbk/1nty205.htm. The NTIS has established a new address,
specifically https://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.
0
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.
0
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 https://www.ntis.gov/products/naics.aspx. * * *
0
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.
0
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: https://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]
BILLING CODE 8025-01-P
