Small Business Size Standards: Transportation and Warehousing, 27935-27952 [2011-11717]
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Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Proposed Rules
(2) If the presiding officer’s initial
decision, with respect to contentions
that the prescribed acceptance criteria
have not been met, finds that those
acceptance criteria have been met, and
the Commission or the appropriate
Director thereafter is able to make the
finding that those acceptance criteria are
met;
(3) If the presiding officer’s initial
decision, with respect to contentions
that the prescribed acceptance criteria
will not be met, finds that those
acceptance criteria will be met, and the
Commission or the appropriate Director
thereafter is able to make the finding
that those acceptance criteria are met;
and
(4) Notwithstanding the pendency of
a petition for reconsideration under 10
CFR 2.345, a petition for review under
10 CFR 2.341, or a motion for stay under
10 CFR 2.342, or the filing of a petition
under 10 CFR 2.206.
*
*
*
*
*
PART 52—LICENSES,
CERTIFICATIONS, AND APPROVALS
FOR NUCLEAR POWER PLANTS
3. The authority citation for part 52
continues to read as follows:
Authority: Secs. 103, 104, 161, 182, 183,
185, 186, 189, 68 Stat. 936, 948, 953, 954,
955, 956, as amended, sec. 234, 83 Stat. 444,
as amended (42 U.S.C. 2133, 2201, 2232,
2233, 2235, 2236, 2239, 2282); secs. 201, 202,
206, 88 Stat. 1242, 1244, 1246, as amended
(42 U.S.C. 5841, 5842, 5846); sec. 1704, 112
Stat. 2750 (44 U.S.C. 3504 note); Energy
Policy Act of 2005, Pub. L. No. 109–58, 119
Stat. 594 (2005), Secs. 147 and 149 of the
Atomic Energy Act.
4. Revise § 52.99 to read as follows:
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
§ 52.99 Inspection during construction;
ITAAC schedules and notifications; NRC
notices.
(a) Licensee schedule for completing
inspections, tests, or analyses. The
licensee shall submit to the NRC, no
later than 1 year after issuance of the
combined license or at the start of
construction as defined at 10 CFR
50.10(a), whichever is later, its schedule
for completing the inspections, tests, or
analyses in the ITAAC. The licensee
shall submit updates to the ITAAC
schedules every 6 months thereafter
and, within 1 year of its scheduled date
for initial loading of fuel, the licensee
shall submit updates to the ITAAC
schedule every 30 days until the final
notification is provided to the NRC
under paragraph (c)(1) of this section.
(b) Licensee and applicant conduct of
activities subject to ITAAC. With respect
to activities subject to an ITAAC, an
applicant for a combined license may
proceed at its own risk with design and
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procurement activities, and a licensee
may proceed at its own risk with design,
procurement, construction, and
preoperational activities, even though
the NRC may not have found that any
one of the prescribed acceptance criteria
are met.
(c) Licensee notifications. (1) ITAAC
closure notification. The licensee shall
notify the NRC that prescribed
inspections, tests, and analyses have
been performed and that the prescribed
acceptance criteria are met. The
notification must contain sufficient
information to demonstrate that the
prescribed inspections, tests, and
analyses have been performed and that
the prescribed acceptance criteria are
met.
(2) ITAAC post-closure notifications.
Following the licensee’s ITAAC closure
notifications under paragraph (c)(1) of
this section until the Commission makes
the finding under 10 CFR 52.103(g), the
licensee shall notify the NRC, in a
timely manner, of new information that
materially alters the bases for
determining that either inspections,
tests, or analyses were performed as
required, or that acceptance criteria are
met. The notification must contain
sufficient information to demonstrate
that, notwithstanding the new
information, the prescribed inspections,
tests, or analyses have been performed
as required, and the prescribed
acceptance criteria are met.
(3) Uncompleted ITAAC notification.
If the licensee has not provided, by the
date 225 days before the scheduled date
for initial loading of fuel, the
notification required by paragraph (c)(1)
of this section for all ITAAC, then the
licensee shall notify the NRC that the
prescribed inspections, tests, or analyses
for all uncompleted ITAAC will be
performed and that the prescribed
acceptance criteria will be met prior to
operation. The notification must be
provided no later than the date 225 days
before the scheduled date for initial
loading of fuel, and must provide
sufficient information to demonstrate
that the prescribed inspections, tests, or
analyses will be performed and the
prescribed acceptance criteria for the
uncompleted ITAAC will be met,
including, but not limited to, a
description of the specific procedures
and analytical methods to be used for
performing the prescribed inspections,
tests, and analyses and determining that
the prescribed acceptance criteria are
met.
(4) All ITAAC complete notification.
The licensee shall notify the NRC that
all ITAAC are complete.
(d) Licensee determination of noncompliance with ITAAC. (1) In the event
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that an activity is subject to an ITAAC
derived from a referenced standard
design certification and the licensee has
not demonstrated that the prescribed
acceptance criteria are met, the licensee
may take corrective actions to
successfully complete that ITAAC or
request an exemption from the standard
design certification ITAAC, as
applicable. A request for an exemption
must also be accompanied by a request
for a license amendment under 10 CFR
52.98(f).
(2) In the event that an activity is
subject to an ITAAC not derived from a
referenced standard design certification
and the licensee has not demonstrated
that the prescribed acceptance criteria
are met, the licensee may take corrective
actions to successfully complete that
ITAAC or request a license amendment
under 10 CFR 52.98(f).
(e) NRC inspection, publication of
notices, and availability of licensee
notifications. The NRC shall ensure that
the prescribed inspections, tests, and
analyses in the ITAAC are performed.
(1) At appropriate intervals until the last
date for submission of requests for
hearing under 10 CFR 52.103(a), the
NRC shall publish notices in the
Federal Register of the NRC staff’s
determination of the successful
completion of inspections, tests, and
analyses.
(2) The NRC shall make publicly
available the licensee notifications
under paragraph (c) of this section. The
NRC shall make publicly available the
licensee notifications under paragraphs
(c)(1) through (4) of this section no later
than the date of publication of the
notice of intended operation required by
10 CFR 52.103(a).
Dated at Rockville, Maryland, this 6th day
of May 2011.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2011–11679 Filed 5–12–11; 8:45 am]
BILLING CODE 7590–01–P
SMALL BUSINESS ADMINISTRATION
13 CFR Part 121
RIN 3245–AG08
Small Business Size Standards:
Transportation and Warehousing
U.S. Small Business
Administration.
ACTION: Proposed rule.
AGENCY:
The U.S. Small Business
Administration (SBA) proposes to
increase small business size standards
SUMMARY:
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Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Proposed Rules
for 22 industries in North American
Industry Classification System (NAICS)
Sector 48–49, Transportation and
Warehousing. As part of its ongoing
initiative to review all size standards,
SBA has evaluated all industries in
NAICS Sector 48–49 that have receipts
based size standards to determine
whether the size standards should be
retained or revised. This rule is one of
a series of proposed rules that will
examine industries grouped by a NAICS
Sector. SBA has issued a White Paper
entitled ‘‘Size Standards Methodology’’
and published in the October 21, 2009
issue of the Federal Register a notice
that ‘‘Size Standards Methodology’’ is
available on its Web site at https://
www.sba.gov/size for public review and
comments. The ‘‘Size Standards
Methodology’’ White Paper explains
how SBA establishes, reviews and
modifies its receipts based and
employee based small business size
standards. In this proposed rule, SBA
has applied its methodology that
pertains to establishing, reviewing and
modifying a receipts based size
standard.
DATES: You must submit your comments
to this proposed rule on or before July
12, 2011.
ADDRESSES: You may submit comments,
identified by RIN 3245–AG08 by one of
the following methods: (1) Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments;
or
(2) Mail/Hand Delivery/Courier:
Khem R. Sharma, PhD, Chief, Size
Standards Division, 409 Third Street,
SW., Mail Code 6530, Washington, DC
20416.
SBA will post all comments to this
proposed rule on https://
www.regulations.gov. If you wish to
submit confidential business
information (CBI) as defined in the User
Notice at https://www.regulations.gov,
you must submit such information to
U.S. Small Business Administration,
Khem R. Sharma, PhD, Chief, Size
Standards Division, 409 Third Street,
SW., Mail Code 6530, Washington, DC
20416, or send an e-mail to
sizestandards@sba.gov. You should
highlight the information that you
consider to be CBI and explain why you
believe SBA should hold this
information as confidential. SBA will
review your information and determine
whether it will make the information
public or not.
FOR FURTHER INFORMATION CONTACT:
Khem R. Sharma, PhD, Chief, Size
Standards Division, (202) 205–6618 or
sizestandards@sba.gov.
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To
determine eligibility for Federal small
business assistance, SBA establishes
small business definitions (referred to as
size standards) for private sector
industries in the United States. SBA
uses two primary measures of business
size—receipts and number of
employees. SBA uses financial assets,
electric output and refining capacity as
size measures for a few specialized
industries. In addition, SBA’s Small
Business Investment Company (SBIC),
Certified Development Company (CDC)
and 7(a) Loan Programs use either the
industry based size standards or net
worth and net income based size
standards to determine eligibility for
those programs. Currently, SBA’s size
standards consist of 42 different size
levels, covering 1,141 NAICS industries
and 18 sub-industry activities
(‘‘exceptions’’ in SBA’s table of size
standards). Thirty-one of these size
levels are based on average annual
receipts, eight are based on number of
employees, and three are based on other
measures. In addition, SBA has
established 11 other size standards for
its financial and procurement programs.
Over the years, SBA has received
comments that its size standards have
not kept up with changes in the
economy and changes in the Federal
contracting marketplace and industry
structure. The last time SBA made an
overall review of size standards was
during the late 1970s to early 1980s.
Since then, most reviews of size
standards have been limited to in-depth
analyses of specific industries in
response to requests from the public and
Federal agencies. SBA also makes
periodic inflation adjustments to its
monetary based size standards. The
SBA’s latest inflation adjustment to size
standards was published in the Federal
Register on July 18, 2008 (73 FR 41237).
Because of changes in Federal
marketplace and industry structure
since the last overall review, SBA
recognizes that current data may no
longer support some of its existing size
standards. Accordingly, SBA began a
comprehensive review of all size
standards to determine if they are
consistent with current data, and to
adjust them when necessary.
In addition, on September 27, 2010,
the President of the United States signed
the Small Business Jobs Act of 2010
(Jobs Act). The Jobs Act directs SBA to
conduct a detailed review of all size
standards and to make appropriate
adjustments to reflect market
conditions. Specifically, the Jobs Act
requires SBA to conduct a detailed
review of at least one-third of all size
standards during every 18-month period
SUPPLEMENTARY INFORMATION:
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from the date of its enactment and do a
complete review of all size standards
not less frequently than once every
5 years thereafter. Reviewing existing
small business size standards and
making appropriate adjustments based
on current data is also consistent with
Executive Order 13563 on improving
regulation and regulatory review.
Rather than review all size standards
at one time, SBA believes a more
manageable approach is a phased
examination of a group of industries
within a NAICS Sector. A NAICS Sector
generally consists of 25 to 75 industries,
except for the manufacturing sector,
which has considerably more industries.
SBA will review the size standards for
each industry in a NAICS Sector, and
then will propose changing size
standards for those industries for which
currently available data and other
relevant factors support doing so.
Accordingly, this proposed rule affords
the public an opportunity to review and
comment on SBA’s proposals to revise
size standards in NAICS Sector 48–49 as
well as on the data and methodology it
uses to evaluate and revise a size
standard.
Below is a discussion of SBA’s size
standards methodology for establishing
receipts based size standards that was
applied to this proposed rule, including
analyses of industry structure, Federal
procurement trends and other factors for
industries within NAICS Sector 48–49,
Transportation and Warehousing, and
the impact of the proposed revisions to
size standards on Federal small
businesses assistance.
Size Standards Methodology
SBA has prepared a ‘‘Size Standards
Methodology’’ White Paper for
establishing, reviewing and modifying
size standards when necessary. This
document is available on SBA’s Web
site at https://www.sba.gov/size. SBA has
also included its methodology in the
electronic docket of this proposed rule
as a supporting document at https://
www.regulations.gov. SBA does not
apply every feature of its methodology
to every size standard evaluation
because not all features are appropriate
for every industry. For example, since
this proposed rule covers all industries
with receipts based standards in NAICS
Sector 48–49, the methodology
described here mostly applies to
establishing receipts based standards.
However, SBA makes the methodology
available in its entirety for parties who
have an interest in SBA’s overall
approach to evaluating, establishing and
modifying small business size
standards. SBA always explains its
analysis in individual proposed and
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final rules relating to size standards for
specific industries. This proposed rule
includes information regarding the
factors SBA evaluated and the criteria
the Agency used to propose any
adjustments to size standards in NAICS
Sector 48–49. It also explains why SBA
has proposed to adjust some size
standards in that sector but not others.
SBA welcomes comments from the
public on a number of issues that it
raises in its ‘‘Size Standards
Methodology,’’ such as suggestions on
alternative approaches to establishing
and modifying size standards; whether
there are alternative or additional
factors that SBA should consider;
whether SBA’s approach to small
business size standards makes sense in
the current economic environment;
whether SBA’s using anchor size
standards is appropriate in the current
economy; whether there are gaps in
SBA’s methodology because of the lack
of comprehensive data; and whether
there are other facts or issues that SBA
should consider in its methodology.
Comments on the SBA’s methodology
should be submitted via (1) the Federal
eRulemaking Portal: https://
www.regulations.gov; the docket
number is SBA–2009–0008; or (2) Mail/
Hand Delivery/Courier: Khem R.
Sharma, PhD, Chief, Size Standards
Division, 409 Third Street, SW., Mail
Code 6530, Washington, DC 20416. As
with comments received to this and
other proposed rules, SBA will post all
comments on its methodology on
https://www.regulations.gov. As of May
13, 2011, SBA has received four
comments to its ‘‘Size Standards
Methodology.’’ The comments are
available to the public at https://
www.regulations.gov. SBA continues to
welcome comments on its methodology
from interested parties.
Congress granted SBA’s Administrator
discretion to establish detailed small
business size standards. 15 U.S.C.
632(a)(2). Section 3(a)(3) of the Small
Business Act (15 U.S.C. 632(a)(3))
requires that ‘‘* * * the [SBA]
Administrator shall ensure that the size
standard varies from industry to
industry to the extent necessary to
reflect the differing characteristics of the
various industries and consider other
factors deemed to be relevant by the
Administrator.’’ Accordingly, the
economic structure of an industry serves
as the underlying basis for developing
and modifying small business size
standards. SBA identifies the small
business segment of an industry by
examining data on the economic
characteristics defining the industry
structure itself (as described below). In
addition to analyzing an industry’s
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structure, SBA also considers current
economic conditions, together with its
own mission, program objectives, and
the Administration’s current policies,
suggestions from industry groups and
Federal agencies, and public comments
on the proposed rule when it establishes
small business size standards. SBA also
examines whether a size standard based
on industry and other relevant data
successfully excludes businesses that
are dominant in the industry.
Below is a discussion on SBA’s
analysis of the economic characteristics
of each industry reviewed in this
proposed rule, the impact of proposed
size standards revisions on SBA loan
and Federal procurement programs, and
the evaluation of whether a revised size
standard would exclude dominant firms
from being considered small. This
proposed rule affords the public an
opportunity to review and comment on
the data and methodology SBA uses to
evaluate and revise a size standard.
Industry Analysis
For the current comprehensive size
standards review, SBA has established
three ‘‘base’’ or ‘‘anchor’’ size standards—
$7.0 million in average annual receipts
for industries that have receipts based
size standards, 500 employees for
manufacturing and other industries that
have employee based size standards
(except for Wholesale Trade), and 100
employees for industries in the
Wholesale Trade Sector. SBA
established 500 employees as the anchor
size standard for manufacturing
industries at its inception in 1953.
Shortly thereafter SBA established $1
million in average annual receipts as the
anchor size standard for
nonmanufacturing industries. SBA has
periodically increased the receipts
based anchor size standard for inflation,
and it stands today at $7 million. Since
1986, SBA has set 100 employees as the
size standard for all industries in the
Wholesale Trade Sector for SBA
financial assistance programs. For
Federal procurement purposes,
however, the size standard for all firms
in both the Wholesale Trade (NAICS
Sector 42) and Retail Trade (NAICS
Sector 44–45) is 500 employees under
the SBA’s nonmanufacturer rule
(13 CFR 121.406(b)).
These long standing anchor size
standards have stood the test of time
and gained legitimacy through practice
and general public acceptance. An
anchor size standard is neither a
minimum nor a maximum. It is a
common size standard for a large
number of industries that have similar
economic characteristics and serves as a
reference point in evaluating size
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standards for individual industries. SBA
uses the anchor in lieu of trying to
establish precise small business size
standards for each industry. Otherwise,
theoretically, the number of size
standards might be as high as the
number of industries (1,141) for which
SBA establishes size standards.
Furthermore, the data SBA analyzes are
static, but the U.S. economy is not.
Hence, absolute precision is impossible.
Therefore, SBA presumes an anchor size
standard is appropriate for a particular
industry unless that industry displays
economic characteristics that are
considerably different from others with
the same anchor size standard.
When evaluating a size standard, SBA
compares the economic characteristics
of the specific industry under review to
the average characteristics of industries
with one of the three anchor size
standards (referred to as ‘‘anchor
comparison group’’). This allows SBA to
assess the industry structure and to
determine whether the industry is
appreciably different from the other
industries in the anchor comparison
group. If the characteristics of a specific
industry under review are similar to the
average characteristics of the anchor
comparison group, the anchor size
standard is considered appropriate for
that industry. SBA may consider
adopting a size standard below the
anchor when (1) all or most of the
industry characteristics are significantly
smaller than the average characteristics
of the anchor comparison group, or (2)
other industry considerations strongly
suggest that the anchor size standard
would be an unreasonably high size
standard for the industry.
If the specific industry’s
characteristics are significantly higher
than those of the anchor comparison
group, a size standard higher than the
anchor size standard may be
appropriate. The larger the differences
are between the characteristics of the
industry under review and those in the
anchor comparison group, the larger
will be the difference between the
appropriate industry size standard and
the anchor size standard. To determine
a size standard above the anchor size
standard, SBA analyzes the
characteristics of a second comparison
group. For industries with receipts
based size standards, including those in
NAICS Sector 48–49 that are reviewed
in this proposed rule, this second
comparison group consists of industries
with the highest receipts based size
standards that range from $23 million to
$35.5 million in average receipts, with
the weighted average being $29 million.
SBA refers to this comparison group as
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the ‘‘higher level receipts based size
standard group.’’
The primary factors that SBA
evaluates when analyzing the structural
characteristics of an industry include
average firm size, startup costs and
entry barriers, industry competition and
distribution of firms by size. SBA also
evaluates, as an additional primary
factor, the possible impact that revising
size standards might have on Federal
contracting assistance to small
businesses. These are, generally, the five
most important factors SBA examines
when establishing or revising a size
standard for an industry. However, SBA
will also consider and evaluate other
information that it believes is relevant to
a particular industry (such as
technological changes, growth trends,
SBA financial assistance and other
program factors, etc.). SBA also
considers possible impacts of size
standard revisions on eligibility for
Federal small business assistance,
current economic conditions, the
Administration’s policies, and
suggestions from industry groups and
Federal agencies. Public comments on a
proposed rule also provide important
additional information. SBA thoroughly
reviews all public comments before
making a final decision on its proposed
size standard. Below are brief
descriptions of each of the five primary
factors that SBA has evaluated in each
industry in NAICS Sector 48–49 being
reviewed in this proposed rule. A more
detailed description of this analysis is
provided in the SBA ‘‘Size Standards
Methodology,’’ available at https://
www.sba.gov/size.
1. Average firm size. SBA computes
two measures of average firm size:
simple average and weighted average.
For industries with receipts based size
standards the simple average is the total
receipts of the industry divided by the
total number of firms in the industry.
The weighted average firm size is the
sum of weighted simple averages in
different receipts size classes, where
weights are the shares of total industry
receipts for respective size classes. The
simple average weighs all firms within
an industry equally regardless of their
size. The weighted average overcomes
that limitation by giving more weight to
larger firms.
If the average firm size of an industry
under review is significantly higher
than the average firm size of industries
in the anchor comparison industry
group, this will generally support a size
standard higher than the anchor size
standard. Conversely, if the industry’s
average firm size is similar to or
significantly lower than that of the
anchor comparison industry group, it
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will be a basis to adopt the anchor size
standard or, in rare cases, a standard
lower than the anchor.
2. Startup costs and entry barriers.
Startup costs reflect a firm’s initial size
in an industry. New entrants to an
industry must have sufficient capital
and other assets to start and maintain a
viable business. If new firms entering a
particular industry have greater capital
requirements than firms in industries in
the anchor comparison group, this can
be a basis for establishing a size
standard higher than the anchor
standard. In lieu of data on actual
startup costs, SBA uses average assets
size as a proxy measure to assess the
levels of capital requirements for new
entrants to an industry.
To calculate average assets size, SBA
begins with the sales to total assets ratio
for an industry from the Risk
Management Association’s Annual
Statement Studies. SBA then applies
these ratios to the average receipts size
of firms in that industry. An industry
with a significantly higher level of
average assets than that of the anchor
comparison group is likely to have
higher startup costs; this in turn will
support a size standard higher than the
anchor. Conversely, if the industry has
a significantly smaller average assets
size compared to the anchor comparison
group, the anchor size standard or, in
rare cases, one lower than the anchor,
may be appropriate.
3. Industry competition. Industry
competition is generally measured by
the share of total industry receipts
generated by the largest firms in an
industry. SBA generally evaluates the
share of industry receipts generated by
the four largest firms in each industry.
This is referred to as the ‘‘four-firm
concentration ratio,’’ a commonly used
economic measure of market
competition. SBA compares the fourfirmconcentration ratio for an industry
under review to the average four-firm
concentration ratio for industries in the
anchor comparison group. If a
significant share of economic activity
within the industry is concentrated
among a few relatively large companies,
all else being equal, SBA will establish
a size standard higher than the anchor
size standard. SBA does not consider
the four-firm concentration ratio as an
important factor in assessing a size
standard if its value for an industry
under review is less than 40 percent.
For industries in which the four-firm
concentration ratio is 40 percent or
more, SBA examines the average size of
the four largest firms in determining a
size standard.
4. Distribution of firms by size. SBA
examines the shares of industry total
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receipts accounted for by firms of
different receipts and employment size
classes in an industry. This is an
additional factor that SBA evaluates in
assessing competition within an
industry. If most of an industry’s
economic activity is attributable to
smaller firms, this indicates that small
businesses are competitive in that
industry. This supports adopting the
anchor size standard. If most of an
industry’s economic activity is
attributable to larger firms, this
indicates that small businesses are not
competitive in that industry. This will
support adopting a size standard above
the anchor.
Concentration among firms is a
measure of inequality of distribution. To
evaluate the degree of inequality of
distribution within an industry, SBA
computes the Gini coefficient by
constructing the Lorenz curve. The
Lorenz curve presents the cumulative
percentages of units (firms) in the
horizontal axis and the cumulative
percentages of receipts (or other
measures of size) in the vertical axis.
(For further detail, please refer to SBA’s
‘‘Size Standards Methodology’’ on the
SBA’s Web site at https://www.sba.gov/
size.) Gini coefficient values vary from
zero to one. If receipts are distributed
equally among all the firms in an
industry, the value of the Gini
coefficient will equal zero. If an
industry’s total receipts are attributed to
a single firm, the Gini coefficient will
equal one.
SBA compares the Gini coefficient
value for an industry under review with
that for industries in the anchor
comparison group. If an industry shows
a higher Gini coefficient value than
industries in the anchor comparison
industry group this may, all else being
equal, warrant a higher size standard
than the anchor. Conversely, if an
industry shows a similar or lower Gini
coefficient than industries in the anchor
group, the anchor standard, or in some
cases a standard lower than the anchor,
may be adopted.
5. Impact on Federal contracting and
SBA loan programs. SBA examines the
possible impact a size standard change
may have on Federal small business
assistance. This most often focuses on
the share of Federal contracting dollars
awarded to small businesses in the
industry in question. In general, if the
small business share of Federal
contracting in an industry with
significant Federal contracting is
appreciably less than the small business
share of the industry’s total receipts,
there is justification for considering a
size standard higher than the existing
size standard. The disparity between the
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small business Federal market share and
industry-wide share may have a variety
of causes, such as extensive
administrative and compliance
requirements associated with Federal
contracts, the different skill set required
on Federal contracts as compared to
typical commercial contracting work,
and the size of contracting requirements
of Federal customers. These, as well as
other factors, are likely to influence the
type of firms within an industry that
compete for Federal contracts. By
comparing the small business Federal
contracting share with the industrywide small business share, SBA
includes in its size standards analysis
the latest Federal contracting trends.
This analysis may indicate a size
standard larger than the current
standard.
SBA considers Federal procurement
trends in the size standards analysis
only if (1) the small business share of
Federal contracting dollars is at least 10
percent lower than the small business
share of total industry receipts, and (2)
the amount of total Federal contracting
averages $100 million or more during
the latest three fiscal years. These
thresholds reflect a significant level of
contracting in which a revision to a size
standard may have an impact on
expanding small business opportunities.
Besides the impact on small business
Federal contracting, SBA also evaluates
the influence of a proposed size
standard on SBA’s loan programs. To do
this, SBA examines the volume of SBA
guaranteed loans within an industry and
the size of firms obtaining those loans.
This allows SBA to assess whether the
existing or the proposed size standard
for a particular industry may restrict the
level of financial assistance to small
firms. If the analysis shows that the
current size standards reduce financial
assistance to small businesses, higher
size standards are supportable.
However, if small businesses have been
receiving significant amounts of
financial assistance through SBA’s loan
programs, or if the financial assistance
has been provided mainly to businesses
that are much smaller than the existing
size standard, consideration of this
factor for determining the size standard
may not be necessary.
Sources of Industry and Program Data
SBA’s primary source of industry data
used in this proposed rule is a special
tabulation of the 2007 County Business
Patterns (see https://www.census.gov/
econ/cbp/) and data from the 2007
Economic Census (see https://
www.census.gov/econ/census07/)
prepared by the U.S. Bureau of the
Census (Census Bureau) for SBA. The
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Census tabulation provided SBA with
industry-specific data on the number of
firms, number of establishments and
number of employees for companies by
the size of firm based on the 2007
County Business Patterns and estimated
annual payroll and estimated annual
receipts of companies by the size of firm
based on the 2007 Census. The data
reflects the size class of the total
company; however, the data itself,
within a particular size class, represents
the company’s total data for a specific
industry only. The special tabulation
enables SBA to evaluate average firm
size, the four-firm concentration ratio
and distribution of firms by receipts and
employment size.
In some cases, where Census data
were not available due to disclosure
prohibitions in the Census Bureau’s
tabulation, SBA either estimated
missing values using available relevant
data or examined data at a higher level
of industry aggregation, such as at the
NAICS 2-digit (Sector), 3-digit
(Subsector) or 4-digit (Industry Group)
level. In some instances, SBA had to
base its analysis only on those factors
for which data were available or
estimates of missing values were
possible. Furthermore, the data are not
available below the 6-digit NAICS
Industry level and hence do not provide
economic characteristics for subindustry activities (‘‘exceptions’’ in
SBA’s table of size standards).
Thus, when establishing, reviewing,
or modifying size standards at the subindustry levels (‘‘exceptions’’) with
significant Federal contracting (i.e.,
$100 million or more in Federal contract
dollars annually), SBA evaluates data
from FPDS–NG and the Central
Contractor Registration (CCR) using a
two-step procedure. First, using FPDS–
NG SBA identifies product service
codes (PSCs) that correspond to specific
activities or ‘‘exceptions.’’ SBA then
identifies firms that are active in Federal
contracting involving those PSCs. Then,
SBA evaluates for those firms revenue
and employment data from CCR and
FPDS–NG.
Data sources and estimation
procedures SBA uses in its size
standards analysis are documented in
detail in the ‘‘SBA Size Standards
Methodology’’ White Paper, which is
available at https://www.sba.gov/size.
To calculate average assets SBA used
sales to total assets ratios from the Risk
Management Association’s Annual
Statement Studies, 2007–2009.
To evaluate Federal contracting
trends, SBA examined data representing
Federal contract awards for fiscal years
2007–2009. The data are available from
the U.S. General Service
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Frm 00021
Fmt 4702
Sfmt 4702
27939
Administration’s Federal Procurement
Data System—Next Generation (FPDS–
NG).
To assess the impact on financial
assistance to small businesses SBA
examined data on its own guaranteed
loan programs for fiscal years 2008–
2010.
Dominance in Field of Operation
Section 3(a) of the Small Business Act
(15 U.S.C. 632(a)) requires a small
business concern to be one that is (1)
independently owned and operated, and
(2) not dominant in its field of
operation. SBA establishes size
standards for the various industries at
levels that would ensure that no firm
qualifying as ‘‘small’’ would be
dominant in its field of operation. For
this, SBA generally examines the
industry’s market share of firms at the
proposed standard. Market share and
other factors may indicate whether a
firm can exercise a major controlling
influence on a national basis in an
industry where a significant number of
business concerns are engaged. If a
contemplated size standard would
include a dominant firm, SBA would
consider a lower size standard to
exclude the dominant firm from being
defined as small.
Selection of Size Standards
To simplify size standards, for the
ongoing comprehensive review of
receipts based size standards, SBA has
proposed to select size standards for
industries from a limited number of
levels. For many years, SBA has been
concerned about the complexity of
determining small business status
caused by a large number of varying
receipts based size standards (see 69 FR
13130 (March 4, 2004) and 57 FR 62515
(December 31, 1992)). Currently, there
are 31 different levels of receipts based
size standards. They range from $0.75
million to $35.5 million, and many of
them apply to one or only a few
industries. SBA believes that size
standards with such a large number of
small variations among them are both
unnecessary and difficult to justify
analytically. To simplify managing and
using size standards, SBA proposes that
there be fewer size standard levels. This
will produce more common size
standards for businesses operating in
related industries. This will also result
in greater consistency among the size
standards for industries that have
similar economic characteristics.
The SBA proposes, therefore, to apply
one of eight receipts based size
standards to each industry in Sector 48–
49 that has a receipts based standard. In
this proposed rule, SBA has not
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Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Proposed Rules
reviewed the 15 employee based size
standards in NAICS Sector 48–49. Those
employee based size standards will
remain in effect until SBA reviews
industries that have employee based
size standards. The eight ‘‘fixed’’
receipts based size standard levels are
$5 million, $7 million, $10 million, $14
million, $19 million, $25.5 million,
$30.0 million, and $35.5 million. To
establish these eight receipts based size
standard levels SBA considered the
current minimum, the current
maximum, and the most commonly
used current receipts based size
standards. Currently, the most
commonly used receipts based size
standards cluster around the
following—$2.5 million to $4.5 million,
$7 million, $9.0 million to $10 million,
$12.5 million to $14.0 million, $25.0
million to $25.5 million, and $33.5
million to $35.5 million. SBA selected
$7 million as one of eight fixed levels
of receipts based size standards because
it is also an anchor standard for receipts
based standards. The lowest or
minimum receipts based size level will
be $5 million. Other than the standards
for agriculture (which are statutory) and
those based on commissions (such as
real estate brokers and travel agents), $5
million will include those industries
with the currently lowest receipts based
standards, which range from $2.0
million to $4.5 million. Among the
higher level size clusters, SBA has set
four fixed levels, namely $10 million,
$14 million, $25.5 million, and $35.5
million. Because there are large
intervals between the two of the fixed
levels, SBA also established two
intermediate levels, namely $19 million
between $14 million and $25.5 million,
and $30 million between $25.5 million
and $35.5 million. These two
intermediate size levels reflect roughly
similar proportional differences
between the two successive size
standard levels.
To simplify size standards further,
SBA may propose a common size
standard for closely related industries.
Although the size standard analysis may
support a specific size standard level for
each industry, SBA believes that
establishing different size standards for
closely related industries may not be
appropriate. For example, in cases
where many of the same businesses
operate in the same multiple industries,
establishing a common size standard for
those industries might better reflect the
Federal marketplace. This might also
make size standards among related
industries more consistent than
establishing separate size standards for
each of those industries. This led SBA
to establish a common size standard for
the information technology (IT) services
industries (NAICS 541511, NAICS
541112, NAICS 541513, and NAICS
541519), even though the industry data
might support a distinct size standard
for each industry (57 FR 27906 (June 23,
1992)). Within NAICS Sector 48–49,
several industries currently have
common size standards, some at the
3-digit NAICS (Subsector) level and
others at 4-digit NAICS (Industry Group)
level. In this rule, SBA proposes to
retain the common size standards for
those industries even if the data may
support separate size standards for
individual industries. Whenever SBA
proposes a common size standard for
closely related industries it will provide
a justification for that in the proposed
rule.
Evaluation of Industry Structure
SBA evaluated the structure of 42
industries and one sub-industry
(‘‘exception’’) in NAICS Sector 48–49,
Transportation and Warehousing, to
assess the appropriateness of the current
receipts based size standards. As
described above, SBA compared data on
the economic characteristics of each
industry to the average characteristics of
industries in two comparison groups.
The first comparison group consists of
all industries with $7.0 million size
standards and is referred to as the
‘‘receipts based anchor comparison
group.’’ Because the goal of SBA’s size
standards review is to assess whether a
specific industry’s size standard should
be the same as or different from the
anchor size standard, this is the most
logical group of industries to analyze. In
addition, this group includes a
sufficient number of firms to provide a
meaningful assessment and comparison
of industry characteristics.
If the characteristics of an industry
under review are similar to the average
characteristics of industries in the
anchor comparison group, the anchor
size standard is generally considered
appropriate for that industry. If an
industry’s structure is significantly
different from the others in the anchor
group, a size standard lower or higher
than the anchor size standard might be
selected. The level of the new size
standard is determined based on the
difference between the characteristics of
the anchor comparison group and a
second industry comparison group. As
described above, the second comparison
group for receipts based standards
consists of industries with the highest
receipts based size standards, ranging
from $23 million to $35.5 million. The
average size standard for this group is
$29 million. SBA refers to this group of
industries as the ‘‘higher level receipts
based size standard comparison group.’’
SBA determines differences in industry
structure between an industry under
review and the industries in the two
comparison groups by comparing data
on each of the industry factors,
including average firm size, average
assets size, the four-firm concentration
ratio, and the Gini coefficient of
distribution of firms by size. Table 1
shows two measures of the average firm
size (simple and weighted), average
assets size, the four-firm concentration
ratio, average receipts of the four largest
firms, and the Gini coefficient for both
anchor level and higher level
comparison groups for receipts based
size standards.
TABLE 1—AVERAGE CHARACTERISTICS OF RECEIPTS BASED COMPARISON GROUPS
Avg. firm size ($ million)
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Receipts based comparison group
Simple
average
Anchor Level ............................................
Higher Level .............................................
a To
1.55
6.22
Avg.
assets size
($ million)
Weighted
average
28.91
97.10
Four-firm
concentration
ratio (%)
0.94
2.85
18.4
27.0
be used for industries with a four-firm concentration ratio of 40% or greater.
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Sfmt 4702
E:\FR\FM\13MYP1.SGM
13MYP1
Avg. receipts
of four
largest firms
($ million) a
249.3
1,773.5
Gini
coefficient
0.740
0.826
Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Proposed Rules
Derivation of Size Standards Based on
Industry Factors
For each industry factor in Table 1,
SBA derives a separate size standard
based on the differences between the
values for an industry under review and
the values for the two comparison
groups. If the industry value for a
particular factor is near the
corresponding factor for the anchor
comparison group, SBA will consider
the $7.0 million anchor size standard
appropriate for that factor.
An industry factor with a value
significantly above or below the anchor
comparison group will generally
warrant a size standard above or below
the $7.0 million anchor. The level of the
new size standard in these cases is
based on the proportional difference
between the industry value and the
values for the two comparison groups.
For example, an industry’s simple
average receipts of $4.0 million supports
a $19 million size standard. The $4.0
million level is at the 52.5 percent point
between the average firm size of $1.55
million for the anchor comparison
group and $6.22 million for the higher
level comparison group (($4.00 million
¥ $1.55 million) ÷ ($6.22 million ¥
$1.55 million) = 0.525 or 52.5%). This
proportional difference is applied to the
difference between the $7.0 million
anchor size standard and the average
size standard of $29 million for the
higher level size standard group and
then added to $7.0 million to estimate
a size standard of $18.52 million
([{$29.0 million ¥ $7.0 million} *
0.525] + $7.0 million = $18.52 million).
27941
The final step is to round the estimated
size standard of $18.52 million to the
nearest fixed size standard level, which
in this example is $19 million.
SBA applies the above calculation to
derive a size standard for each industry
factor. Detailed formulas involved in
these calculations are presented in ‘‘SBA
Size Standards Methodology’’ which is
available on its Web site at
www.sba.gov/size. (However, it should
be noted that figures in the ‘‘Size
Standards Methodology’’ White Paper
are based on 2002 Economic Census
data and are different from those
presented in this proposed rule). Table
2 (below) shows ranges of values for
each industry factor and the levels of
size standards supported by those
values.
TABLE 2—VALUES OF INDUSTRY FACTORS AND SUPPORTED SIZE STANDARDS
Or if
weighted avg. receipts
size ($ million)
< 1.34 ..................
1.34 to 1.87 .........
1.88 to 2.61 .........
2.62 to 3.57 .........
3.58 to 4.79 .........
4.80 to 5.96 .........
5.97 to 7.02 .........
> 7.02 ..................
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If
simple avg.
receipts
size ($ million)
< 25.81 ..........................
25.81 to 33.56 ...............
33.57 to 44.41 ...............
44.42 to 58.35 ...............
58.36 to 76.18 ...............
76.19 to 93.22 ...............
93.23 to 108.72 .............
> 108.72 ........................
Derivation of Size Standard Based on
Federal Contracting Factor
Besides industry structure, SBA
evaluates Federal contracting data to
assess, under current size standards, the
extent to which small businesses are
successful in getting Federal contracts.
However, the available data on Federal
contracting only identify businesses as
small or other than small, and do not
provide the exact size of the businesses
receiving Federal contracts; this hinders
SBA’s attempts to conduct more precise
analyses.
Given the above limitation of Federal
contracting data, for the current
comprehensive size standards review,
SBA has decided to designate a size
standard at one level higher than their
current size standard for industries
where the small business share of total
Federal contracting dollars is between
10 and 30 percentage points lower than
their shares in total industry receipts
and at two levels higher than the current
size standard if the difference is more
than 30 percentage points.
Given the limitations of the FPDS data
and the complex relationships among a
number of variables affecting small
business participation in the Federal
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Or if
avg. assets size
($ million)
< 0.85
0.85 to
1.08 to
1.38 to
1.77 to
2.27 to
2.75 to
> 3.17
............................
1.07 ...................
1.37 ...................
1.76 ...................
2.26 ...................
2.74 ...................
3.17 ...................
............................
Or if
avg. receipts of
largest four
firms ($ million)
< 180.0 ..........................
180.0 to 353.2 ...............
353.3 to 595.7 ...............
595.8 to 907.5 ...............
907.6 to 1,305.8 ............
1,305.9 to 1,686.9 .........
1,687.0 to 2,033.2 .........
> 2,033.2 .......................
marketplace, SBA has chosen not to
designate a size standard for the Federal
contracting factor alone that is higher
than two levels above the current size
standard. SBA believes that a larger
adjustment to size standards based on
Federal contracting activity should be
based on a more detailed analysis of the
impact of any subsequent revision to the
current size standard. In limited
situations, however, SBA may conduct
a more extensive examination of Federal
contracting experience. This enables
SBA to support a different size standard
than indicated by this general rule and
take into consideration significant and
unique aspects of small business
competitiveness in the Federal contract
market. SBA welcomes comments on its
methodology of incorporating the
Federal contracting factor in the size
standard analysis and suggestions for
alternative methods and other relevant
information on small business
experience in the Federal contract
market.
Of the 42 industries reviewed in this
proposed rule, 9 industries averaged
$100 million or more annually in
Federal contracting during fiscal years
2007–2009. The Federal contracting
PO 00000
Frm 00023
Fmt 4702
Or if
Gini coefficient
Sfmt 4702
< 0.736
0.736 to
0.747 to
0.760 to
0.778 to
0.800 to
0.822 to
> 0.840
..........................
0.746 ...............
0.759 ...............
0.777 ...............
0.799 ...............
0.821 ...............
0.840 ...............
..........................
Then size
standard is
($ million)
5.0
7.0
10.0
14.0
19.0
25.5
30.0
35.5
factor was significant (i.e., the difference
between the small business share of
total industry receipts and small
business share of Federal contracting
dollars was 10 percentage points or
more) in four of those nine industries
and a separate size standard was
derived for that factor for each of them.
Because the small business share of total
Federal contracting dollars was already
higher than the small business share of
total industry receipts for the other five
industries, the Federal procurement
factor was not considered in
determining the level of size standard
for them. Thus, the latest data show that
Federal contracting activity is
insignificant for most of the industries
in NAICS Sector 48–49 and, for the
majority of those industries where it is
significant, small businesses seem to be
doing well in terms of their share in
Federal marketplace relative to their
share of industry’s total sales.
New Size Standards Based on Industry
and Federal Contracting Factors
Table 3 shows the results of analyses
of industry and Federal contracting
factors for each industry covered by this
proposed rule. Many of the NAICS
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Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Proposed Rules
industries in columns 2, 3, 4, 6, 7, and
8 show two numbers. The upper
number is the value for the industry or
Federal contracting factor shown on the
top of the column and the lower number
is the size standard supported by that
factor. For the four-firm concentration
ratio, SBA estimates a size standard if
its value is 40 percent or more. If the
four-firm concentration ratio for an
industry is less than 40 percent, there is
no estimated size standard for that
factor. If the four-firm concentration
ratio is more than 40 percent, SBA
indicates in column 6 the average size
of the industry’s top four firms together
with a size standard based on that
average. Column 9 shows a calculated
new size standard for each industry.
This is the average of the size standards
supported by each factor and rounded to
the nearest fixed size level. Analytical
details involved in the averaging
procedure are described in the SBA
‘‘Size Standard Methodology.’’ For
comparison with the new standards, the
current size standards are in column 10
of Table 3.
TABLE 3—SIZE STANDARDS SUPPORTED BY EACH INDUSTRY FACTOR
[Millions of dollars]
(1)
(2)
(3)
NAICS
Simple
average
firm size
Weighted
average firm
size
Average
assets size
$2.9
14.0
$31.4
7.0
$2.1
19.0
33.7
$115.9
0.793
$19.0
....................
$14.0
$7.0
1.0
5.0
7.8
5.0
0.3
5.0
....................
....................
0.694
$5.0
....................
5.0
25.5
3.0
14.0
64.7
19.0
1.1
10.0
13.0
2,761.9
0.857
$35.5
¥37.1
$35.5
25.5
25.5
10.8
35.5
335.7
35.5
4.2
$35.5
51.2
4,670.3
35.5
0.939
35.5
....................
35.5
25.5
2.0
10.0
70.5
19.0
0.7
5.0
27.6
1,059.8
0.799
$19.0
....................
14.0
25.5
1.0
5.0
7.7
5.0
0.4
5.0
3.3
257.9
0.669
$5.0
....................
5.0
25.5
2.7
14.0
28.8
7.0
1.1
10.0
8.0
541.3
0.811
$25.5
¥29.1
$30.0
19.0
25.5
2.4
10.0
22.7
5.0
....................
65.6
21.3
5.0
0.739
$7.0
....................
7.0
7.0
6.1
30.0
17.4
5.0
....................
83.2
21.7
5.0
0.644
$5.0
....................
10.0
7.0
5.5
25.5
86.1
25.5
....................
46.3
306.0
7.0
0.877
$35.5
....................
25.5
7.0
6.8
30.0
78.8
25.5
....................
86.6
63.3
5.0
0.884
$35.5
....................
25.5
7.0
7.1
35.5
0.7
5.0
0.9
5.0
131.3
35.5
16.2
5.0
17.7
5.0
....................
60.2
25.5
7.0
....................
....................
5.0
7.0
14.3
138.3
0.873
$35.5
0.704
$5.0
0.698
$5.0
....................
0.3
5.0
0.4
5.0
249.3
7.0
....................
....................
5.0
7.0
3.3
14.0
1.9
10.0
338.8
35.5
12.1
5.0
2.0
19.0
1.4
10.0
....................
....................
....................
25.5
7.0
15.0
82.5
....................
7.0
7.0
1.3
5.0
11.1
5.0
....................
....................
....................
0.698
$5.0
....................
5.0
7.0
1.0
5.0
9.1
5.0
0.4
5.0
15.9
42.9
0.686
$5.0
....................
5.0
7.0
165.1
35.5
406.7
35.5
....................
46.9
2,438.7
35.5
0.601
$5.0
....................
25.5
7.0
39.7
35.5
56.0
14.0
....................
77.5
207.5
7.0
0.305
$5.0
....................
14.0
34.5
481219, Other Non-Scheduled
Air Transportation ..................
484110, General Freight Trucking—Local ..............................
484121, General Freight, Trucking, Long-Distance, Truckload
484122, General Freight, Trucking, Long-Distance, Less
Than Truckload ......................
484210, Used Household and
Office Goods Moving .............
484220, Specialized Freight
(except Used Goods) Trucking, Local ...............................
484230, Specialized Freight
(except Used Goods) Trucking, Long-Distance .................
485111, Mixed Mode Transit
Systems .................................
485112, Commuter Rail Systems .......................................
485113, Bus and Other Motor
Vehicle Transit Systems ........
485119, Other Urban Transit
Systems .................................
485210, Interurban and Rural
Bus Transportation ................
485310, Taxi Service ................
485320, Limousine Service .......
485410, School and Employee
Bus Transportation ................
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485510, Charter Bus Industry ...
485991, Special Needs Transportation .................................
485999, All Other Transit and
Ground Passenger Transportation ......................................
486210, Pipeline Transportation
of Natural Gas .......................
486990, All Other Pipeline
Transportation ........................
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15:16 May 12, 2011
Jkt 223001
(4)
PO 00000
Frm 00024
(5)
(6)
Four-firm
ratio (%)
Four-firm
average
size
Fmt 4702
Sfmt 4702
(7)
(8)
(9)
(10)
Gini
coefficient
Federal
contract
factor (%)
Calculated
new size
standard
Current size
standard
0.880
$35.5
0.657
$5.0
E:\FR\FM\13MYP1.SGM
13MYP1
27943
Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Proposed Rules
TABLE 3—SIZE STANDARDS SUPPORTED BY EACH INDUSTRY FACTOR—Continued
[Millions of dollars]
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
NAICS
Simple
average
firm size
Weighted
average firm
size
Average
assets size
Four-firm
ratio (%)
Four-firm
average
size
Gini
coefficient
Federal
contract
factor (%)
Calculated
new size
standard
Current size
standard
1.4
7.0
17.5
5.0
0.8
5.0
....................
....................
0.719
$5.0
....................
5.0
7.0
0.8
5.0
11.5
5.0
0.5
5.0
....................
....................
0.638
$5.0
....................
5.0
7.0
2.0
10.0
9.7
35.5
30.4
7.0
49.8
14.0
....................
....................
....................
....................
14.0
7.0
....................
94.2
59.5
5.0
0.784
$19.0
0.741
$7.0
....................
14.0
7.0
5.3
25.5
42.3
10.0
2.7
25.5
30.2
389.7
0.822
$30.0
....................
25.5
7.0
4.7
19.0
78.7
25.5
2.2
19.0
....................
....................
0.869
$35.5
¥9.8
25.5
7.0
6.3
30.0
28.3
7.0
....................
20.0
166.8
0.739
$7.0
....................
14.0
7.0
8.1
35.5
30.4
35.5
27.1
7.0
189.6
35.5
....................
....................
....................
....................
14.0
25.5
20.2
35.5
....................
....................
0.698
$5.0
0.824
$30.0
....................
35.5
25.5
4.1
19.0
39.0
10.0
3.4
35.5
20.3
151.7
0.818
$25.5
12.1
25.5
7.0
2.7
14.0
0.6
5.0
21.2
5.0
7.7
5.0
2.0
19.0
0.2
5.0
22.7
97.5
7.0
....................
¥10.2
$10.0
....................
14.0
....................
0.793
$19.0
0.499
$5.0
5.0
7.0
1.7
7.0
15.1
5.0
0.7
5.0
23.3
128.8
0.770
$14.0
....................
10.0
7.0
3.2
14.0
41.7
10.0
0.7
5.0
8.8
905.5
0.793
$19.0
....................
14.0
7.0
....................
2.0
10.0
....................
24.9
5.0
....................
0.7
5.0
....................
30.1
....................
199.3
....................
0.796
$19.0
....................
....................
....................
10.0
25.5
25.5
0.7
5.0
....................
4.8
5.0
....................
0.3
5.0
....................
52.0
2,105.0
7.0
....................
¥21.0
$10.0
....................
7.0
....................
0.679
$5.0
....................
....................
7.0
1.0
5.0
12.5
5.0
....................
12.2
126.5
0.699
$5.0
....................
5.0
25.5
5.4
25.5
14.4
5.0
4.0
35.5
33.3
2,265.5
0.626
$5.0
7.8
19.0
25.5
5.8
25.5
15.9
5.0
6.2
35.5
30.7
307.3
0.627
$5.0
¥24.3
$30.0
19.0
25.5
3.6
19.0
7.3
5.0
1.7
14.0
....................
....................
0.505
5.0$
....................
10.0
25.5
5.0
25.5
10.7
5.0
3.2
35.5
30.7
554.8
0.554
$5.0
6.4
19.0
25.5
487110, Scenic and Sightseeing Transportation, Land ..
487210, Scenic and Sightseeing Transportation, Water
487990, Scenic and Sightseeing Transportation, Other
488111, Air Traffic Control ........
488119, Other Airport Operations .....................................
488190, Other Support Activities for Air Transportation ......
488210, Support Activities for
Rail Transportation ................
488310, Port and Harbor Operations .....................................
488320, Marine Cargo Handling
488330, Navigational Services
to Shipping .............................
488390, Other Support Activities for Water Transportation
488410, Motor Vehicle Towing
488490, Other Support Activities for Road Transportation ..
488510, Freight Transportation
Arrangement ..........................
Except Non-Vessel Owning
Common Carriers and
Household Goods Forwarders
488991, Packing and Crating ...
488999, All Other Support Activities for Transportation .......
491110, Postal Service .............
492210, Local Messengers and
Local Delivery ........................
493110, General Warehousing
and Storage ...........................
493120, Refrigerated
Warehousing and Storage .....
493130, Farm Product
Warehousing and Storage .....
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
493190, Other Warehousing
and Storage ...........................
Common Size Standards
When many of the same businesses
operate in the same multiple industries,
SBA believes that a common size
standard is more appropriate than
separate standards for these industries
even if the industry and relevant
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15:16 May 12, 2011
Jkt 223001
program data would support different
size standards. Within NAICS Sector
48–49, several industries currently have
common size standards, some at the 3digit NAICS (Subsector) level and others
at 4-digit NAICS (Industry Group) level.
For example, all industries within
NAICS Subsector 484 (Truck
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Fmt 4702
Sfmt 4702
Transportation) and those in NAICS
Subsector 485 (Transit and Ground
Transportation) have the common size
standards of $25.5 million and $7.0
million, respectively. Similarly,
industries within NAICS Subsector 487
(Scenic and Sight Seeing
Transportation), NAICS Industry Group
E:\FR\FM\13MYP1.SGM
13MYP1
27944
Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Proposed Rules
4881 (Support Activities for Air
Transportation), NAICS Industry Group
4884 (Support Activities for Road
Transportation), and NAICS Industry
Group 493 (Warehousing and Storage)
have the common size standards.
On May 2, 2006, SBA proposed to
increase the size standards for NAICS
488111 (Air Traffic Control), NAICS
488119 (Other Airport Operations), and
NAICS 488190 (Other Support
Activities for Air Transportation) from
$6.5 million to $21 million in average
annual receipts. Given that many firms
operate in each of these three industries,
SBA proposed establishing a common
$21 million size standard for this
Industry Group (see 71 FR 28604). For
the same reason, also in this rule, SBA
has proposed a common size standard
for all three industries for this NAICS
Industry Group.
Besides the above industries, because
of similarities among industries within
NAICS Industry Group 4883 (Support
Activities for Water Transportation), in
this rule, SBA also proposes a common
size standard for that Industry Group.
Table 4 (below) shows these Subsectors
and Industry Groups, along with the 6digit NAICS industries under them. SBA
evaluated industry and Federal
contracting factors and derived a
common size standard for each
Subsector and each Industry Group
using the same method as described
above. These results are provided in
Table 5 (immediately following Table
5).
TABLE 4—SUBSECTORS AND INDUSTRY GROUPS FOR COMMON SIZE STANDARDS
Subsector/industry
group: NAICS codes
Subsector/industry group title
Industries: 6-digit NAICS codes
484 ...........................................................
Truck Transportation .....................................................................
485 ...........................................................
Transit and Ground Passenger Transportation ............................
487 ...........................................................
4881 .........................................................
4883 .........................................................
4884 .........................................................
493 ...........................................................
Scenic and Sightseeing Transportation ........................................
Support Activities for Air Transportation .......................................
Support Activities for Water Transportation .................................
Support Activities for Road Transportation ..................................
Warehousing and Storage ............................................................
484110, 484121, 484122, 484210,
484220, 484230.
485111, 485112, 485113, 485119,
485210,
485310,
485320,
485410,
485510,
485991,
485999.
487110, 487210, 487990.
488111, 488119, 488190.
488310, 488320, 48830, 488390.
488410, 488490.
493110, 493120, 493130, 493190.
TABLE 5—SIZE STANDARDS SUPPORTED BY EACH FACTOR FOR EACH SUBSECTOR AND EACH INDUSTRY GROUP
[Millions of dollars]
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
NAICS code/title
Simple
average
firm size
Weighted
average
firm size
Average
assets size
Four-firm
ratio (%)
Four-firm
average
size
Gini
coefficient
Federal
contract
factor (%)
Calculated
size
standard
Current
standard
484 (Subsector), Truck Transportation .................................
485 (Subsector), Transit and
Ground Passenger Transportation ......................................
487 (Subsector), Scenic and
Sightseeing Transportation ....
4881 (Industry Group), Support
Activities for Air Transportation ......................................
4883 (Industry Group), Support
Activities for Water Transportation ......................................
4884 (Industry Group), Support
Activities for Road Transportation ......................................
493 (Subsector), Warehousing
and Storage ...........................
$2.1
10.0
$45.8
14.0
$0.8
5.0
9.4
$5,205.2
0.821
$25.5
¥24.1%
$30.0
$19.0
$25.5
1.7
7.0
56.2
14.0
0.9
7.0
28.0
1,892.8
0.810
$25.5
7.0%
14.0
7.0
1.0
5.0
12.9
5.0
0.6
5.0
....................
....................
0.694
$5.0
....................
5.0
7.0
4.9
25.5
65.3
19.0
2.4
25.5
....................
....................
0.859
$35.5
¥8.4%
30.0
7.0
8.9
35.5
78.7
25.5
6.3
35.5
....................
....................
0.855
$35.5
11.8%
35.5
(1)
0.8
5.0
8.4
5.0
0.3
5.0
7.8
139.6
0.594
$5.0
....................
5.0
7.0
5.4
25.5
12.8
5.0
4.0
35.5
23.2
2,315.2
0.604
$5.0
¥0.7%
19.0
25.5
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
1 Varies.
Special Considerations
1. Employee Based Size Standards
In this proposed rule, SBA has not
reviewed 15 industries in NAICS Sector
48–49 that currently have employee
based size standards. SBA will review
those industries when it reviews the
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15:16 May 12, 2011
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Manufacturing Sector (NAICS Sector
31–33) and other industries that have
employee based size standards. SBA
proposes, therefore, to leave the size
standards for those 15 industries at their
current levels until it reviews the
employee based size standards.
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2. Offshore Marine Air Transportation
Services
Offshore Marine Air Transportation
Services is currently an ‘‘exception’’
under both NAICS 481211
(Nonscheduled Chartered Passenger Air
Transportation) and NAICS 481212
E:\FR\FM\13MYP1.SGM
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Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Proposed Rules
(Nonscheduled Chartered Freight Air
Transportation), with the size standard
of $28 million in average annual
receipts. SBA will review this size
standard when it reviews the employee
based size standard for NAICS codes
481211 and 481212. Thus, in this rule,
SBA proposes to keep the current $28
million size standard for Offshore
Marine Air Transportation Services
until it reviews those two principal
NAICS industry codes.
3. Offshore Marine Water
Transportation Services
Offshore Marine Water Transportation
Services is an ‘‘exception’’ under NAICS
Subsector 483 (Water Transportation)
with the size standard of $28 million.
All industries within NAICS Subsector
483 currently have an employee based
standard. SBA has not reviewed
employee based size standards in
NAICS Sector 48–49, including those in
Subsector 483. Thus, until the review of
employee based size standards, SBA
proposes to retain the current $28
million size standard for Offshore
Marine Water Transportation Services.
4. Non-Vessel Owning Common Carriers
and Household Good Forwarders
Non-Vessel Owning Common Carriers
and Household Good Forwarders is an
‘‘exception’’ under NAICS 488510
(Freight Transportation Arrangement),
with the size standard of $25.5 million
in average annual receipts. As discussed
above, the Census data are not available
below the 6-digit NAICS industry level
and hence SBA is not able to evaluate
economic characteristics at the subindustry levels (‘‘exceptions’’). This is
also true for Non-Vessel Owning
Common Carriers and Household Good
Forwarders. In most cases, these
‘‘exceptions’’ are for procurement of
specific goods or services within an
industry where the Federal contracting
is significant. However, for NAICS
488510 (including ‘‘exception’’), Federal
contracting averaged just $12 million
annually during fiscal years 2007–2009,
as compared to $41 billion in total
revenue for the industry. Thus, given
the lack of data and insignificant
government contracting in this rule,
SBA proposes to leave the size standard
for Non-Vessel Owning Common
Carriers and Household Good
Forwarders at the current level. SBA
invites comments, along with
supporting information, on this
proposal as well as suggestions on
whether a different size standard is
more appropriate. Alternatively, in view
of insignificant contracting, SBA also
welcomes comments on whether it
should continue to have a higher size
standard for Non-Vessel Owning
Common Carriers and Household Good
Forwarders as an ‘‘exception’’ under
NAICS 488510 or should it apply the
same size standard for the industry.
5. Postal Service (NAICS 491110)
Postal Service (NAICS 491) is one of
the NAICS Sectors not covered by
Census Bureau’s Economic Census.
Hence, SBA has no data to evaluate
economic characteristics of the Postal
Service Industry (NAICS 491110). Also,
Federal contracting was not significant
for this industry. Thus, given the lack of
data, in this rule, SBA proposes to leave
the size standard for Postal Service at
the current level of $7 million in
average annual revenue. SBA invites
comments on this proposal as well as
suggestions, along with supporting
information, as to whether a different
size standard is more appropriate.
Evaluation of SBA Loan Data
Before deciding on an industry’s size
standard, SBA also considers the impact
of new or revised standards on SBA’s
loan programs. SBA examined its 7(a)
and 504 Loan Program data for fiscal
years 2008–2010 to assess whether the
existing or proposed size standards need
further adjustments to ensure credit
opportunities for small businesses
through that program. For the industries
reviewed, it is primarily small
businesses much smaller than the size
standards that use the SBA’s 7(a) and
504 loans. Therefore, no size standard in
NAICS Sector 48–49, Transportation
and Warehousing, needs an adjustment
based on this factor.
27945
Proposed Changes to Size Standards
The results of SBA analyses of
industry specific size standards from
Table 3 and results for common size
standards from Table 5 are summarized
in Table 6. In terms of industry specific
size standards, the results support
increases in size standards in 18
industries, decreases in 19 industries,
and no changes in five industries and
one sub-industry (exception to NAICS
488510). Similarly, based on common
size standards, the results would
support increases in 22 industries,
decreases in 18 industries, and no
changes in two industries and one subindustry (exception to NAICS 488510).
Lowering small business size
standards is not in the best interests of
small businesses under current
economic conditions. The U.S. economy
was in recession from December 2007 to
June 2009, the longest and deepest
recession since World War II. The
economy lost more than eight million
non-farm jobs during 2008–2009. In
response, Congress passed and the
President signed the American Recovery
and Reinvestment Act of 2009 (Recovery
Act) to promote economic recovery and
to preserve and create jobs. Although
the recession officially ended in June
2009, the unemployment rate has been
9.4 percent or higher since May 2009
and is forecast to remain around 9
percent or higher through the end of
2011. More recently, Congress passed
and the President signed the Small
Business Jobs Act of 2010 (Jobs Act) to
promote small business job creation.
The Jobs Act puts more capital into the
hands of entrepreneurs and small
business owners; strengthens small
businesses’ ability to compete for
contracts, including recommendations
from the President’s Task Force on
Federal Contracting Opportunities for
Small Business; creates a better playing
field for small businesses; promotes
small business exporting, building on
the President’s National Export
Initiative; expands training and
counseling; and provides $12 billion in
tax relief to help small businesses invest
in their firms and create jobs.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
TABLE 6—SUMMARY OF SIZE STANDARDS ANALYSIS
NAICS
codes
481219
484110
484121
484122
484210
..........
..........
..........
..........
..........
VerDate Mar<15>2010
Calculated
industry specific size
standard
($ million)
NAICS industry title
Other Non-Scheduled Air Transportation ........................................................
General Freight Trucking—Local .....................................................................
General Freight, Trucking, Long-Distance, Truckload .....................................
General Freight, Trucking, Long-Distance, Less Than Truckload ...................
Used Household and Office Goods Moving ....................................................
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E:\FR\FM\13MYP1.SGM
$14.0
5.0
25.5
35.5
14.0
Calculated
common size
standard
($ million)
........................
$19.0
19.0
19.0
19.0
13MYP1
Current size
standard
($ million)
$7.0
$25.5
25.5
25.5
25.5
27946
Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Proposed Rules
TABLE 6—SUMMARY OF SIZE STANDARDS ANALYSIS—Continued
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
484220 ..........
484230 ..........
485111 ..........
485112 ..........
485113 ..........
485119 ..........
485210 ..........
485310 ..........
485320 ..........
485410 ..........
485510 ..........
485991 ..........
485999 ..........
486210 ..........
486990 ..........
487110 ..........
487210 ..........
487990 ..........
488111 ..........
488119 ..........
488190 ..........
488210 ..........
488310 ..........
488320 ..........
488330 ..........
488390 ..........
488410 ..........
488490 ..........
488510 ..........
Except ...........
488991 ..........
488999 ..........
491110 ..........
492210 ..........
493110 ..........
493120 ..........
493130 ..........
493190 ..........
NAICS industry title
Calculated
industry specific size
standard
($ million)
Calculated
common size
standard
($ million)
Specialized Freight (except Used Goods) Trucking, Local .............................
Specialized Freight (except Used Goods) Trucking, Long-Distance ...............
Mixed Mode Transit Systems ..........................................................................
Commuter Rail Systems ..................................................................................
Bus and Other Motor Vehicle Transit Systems ...............................................
Other Urban Transit Systems ..........................................................................
Interurban and Rural Bus Transportation ........................................................
Taxi Service .....................................................................................................
Limousine Service ............................................................................................
School and Employee Bus Transportation ......................................................
Charter Bus Industry ........................................................................................
Special Needs Transportation .........................................................................
All Other Transit and Ground Passenger Transportation ................................
Pipeline Transportation of Natural Gas ...........................................................
All Other Pipeline Transportation .....................................................................
Scenic and Sightseeing Transportation, Land .................................................
Scenic and Sightseeing Transportation, Water ...............................................
Scenic and Sightseeing Transportation, Other ................................................
Air Traffic Control .............................................................................................
Other Airport Operations ..................................................................................
Other Support Activities for Air Transportation ................................................
Support Activities for Rail Transportation ........................................................
Port and Harbor Operations ............................................................................
Marine Cargo Handling ....................................................................................
Navigational Services to Shipping ...................................................................
Other Support Activities for Water Transportation ...........................................
Motor Vehicle Towing ......................................................................................
Other Support Activities for Road Transportation ............................................
Freight Transportation Arrangement ................................................................
Non-Vessel Owning Common Carriers and Household Goods Forwarders ...
Packing and Crating ........................................................................................
All Other Support Activities for Transportation ................................................
Postal Service ..................................................................................................
Local Messengers and Local Delivery .............................................................
General Warehousing and Storage .................................................................
Refrigerated Warehousing and Storage ..........................................................
Farm Product Warehousing and Storage ........................................................
Other Warehousing and Storage .....................................................................
5.0
19.0
7.0
10.0
25.5
25.5
25.5
5.0
5.0
25.5
7.0
5.0
5.0
25.5
14.0
5.0
5.0
14.0
14.0
25.5
25.5
14.0
14.0
35.5
25.5
14.0
5.0
10.0
14.0
........................
10.0
7.0
........................
5.0
19.0
19.0
10.0
19.0
19.0
19.0
14.0
14.0
14.0
14.0
14.0
14.0
14.0
14.0
14.0
14.0
14.0
........................
........................
5.0
5.0
5.0
30.0
30.0
30.0
........................
35.5
35.5
35.5
35.5
5.0
5.0
........................
........................
........................
........................
........................
........................
19.0
19.0
19.0
19.0
NAICS
codes
Reducing size standards would
decrease the number of firms that can
participate in Federal financial and
procurement assistance. Furthermore,
lowering size standards solely based on
analytical results would cut off more
than 2,500 currently eligible small
business firms from those very
programs, which would run counter to
what the Federal government is trying to
do for small businesses. Reducing size
eligibility for Federal procurement
opportunities, especially under current
economic conditions, would not
preserve or create more jobs; rather, it
would have the opposite effect.
Therefore, in this proposed rule, SBA
has decided not to propose to reduce the
size standards for any industries. For
industries where analyses might support
lowering size standards, SBA proposes
to retain the current size standards. SBA
invites comments and suggestions on
whether it should lower size standards
VerDate Mar<15>2010
15:16 May 12, 2011
Jkt 223001
as suggested by analyses of industry and
program data or retain the current
standards for those industries in view of
current economic conditions.
Based on comparisons between
industry specific size standards and
common size standards within each
Subsector or Industry Group, SBA finds
that common size standards are more
appropriate for several reasons. First,
analyzing industries at a more
aggregated Subsector or Industry Group
level simplifies size standards analysis
and the results are likely to be more
consistent among related industries.
Second, in most cases, industries within
each Subsector or Industry Group
currently have the same size standards
and SBA believes it is better to keep the
revised size standards also the same.
Third, within each Subsector or
Industry Group many of the same
businesses tend to operate in the same
multiple industries. SBA believes that
PO 00000
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Fmt 4702
Sfmt 4702
Current size
standard
($ million)
25.5
25.5
7.0
7.0
7.0
7.0
7.0
7.0
7.0
7.0
7.0
7.0
7.0
7.0
34.5
7.0
7.0
7.0
7.0
7.0
7.0
7.0
25.5
25.5
7.0
7.0
7.0
7.0
7.0
25.5
25.5
7.0
7.0
25.5
25.5
25.5
25.5
25.5
common size standards reflect the
Federal marketplace in those industries
better than do different size standards
for each industry. Fourth, industry
specific size standards and common size
standards are mostly within a
reasonably close range.
For industries or sub-industries where
both industry specific size standards
and common size standards have been
calculated, SBA, for the above reasons,
proposes to apply common size
standards. For industries or subindustries where common size
standards have not been estimated, SBA
proposes to apply industry specific size
standards.
As discussed above, SBA has decided
that lowering small business size
standards would be inconsistent with
what the Federal government is doing to
stimulate the economy and encourage
job growth through the Recovery Act
and Jobs Act. Therefore, SBA proposes
to retain the current size standards for
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those industries for which its analyses
suggested decreasing their size
standards. Thus, of the 42 industries
and one sub-industry in NAICS Sector
48–49 that were reviewed in this
proposed rule, SBA proposes to increase
size standards for 22 industries and
retain the current standards for 20
industries and one sub-industry.
Industries for which SBA has proposed
to increase their size standards and
proposed standards are shown in
Table 7.
In addition, this is consistent with
SBA’s prior actions for NAICS Sector
44–45 (Retail Trade), NAICS Sector 72
(Accommodation and Food Services),
and NAICS Sector 81 (Other Services)
(75 FR 61597, 75 FR 61604, and 75 FR
61591). In each of those final rules, SBA
adopted its proposal not to reduce small
business size standards for the same
reasons it has provided above in this
proposed rule.
TABLE 7—SUMMARY OF PROPOSED SIZE STANDARD REVISIONS
NAICS codes
481219
485111
485112
485113
485119
485210
485310
485320
485410
485510
485991
485999
486210
488111
488119
488190
488210
488310
488320
488330
488390
488510
..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................
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..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................
Other Non-Scheduled Air Transportation ................................................................
Mixed Mode Transit Systems ..................................................................................
Commuter Rail Systems ..........................................................................................
Bus and Other Motor Vehicle Transit Systems .......................................................
Other Urban Transit Systems ..................................................................................
Interurban and Rural Bus Transportation ................................................................
Taxi Service .............................................................................................................
Limousine Service ....................................................................................................
School and Employee Bus Transportation ..............................................................
Charter Bus Industry ................................................................................................
Special Needs Transportation ..................................................................................
All Other Transit and Ground Passenger Transportation ........................................
Pipeline Transportation of Natural Gas ...................................................................
Air Traffic Control .....................................................................................................
Other Airport Operations ..........................................................................................
Other Support Activities for Air Transportation ........................................................
Support Activities for Rail Transportation ................................................................
Port and Harbor Operations .....................................................................................
Marine Cargo Handling ............................................................................................
Navigational Services to Shipping ...........................................................................
Other Support Activities for Water Transportation ...................................................
Freight Transportation Arrangement ........................................................................
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Evaluation of Dominance in Field of
Operation
SBA has determined that for the
industries in NAICS Sector 48–49,
Transportation and Warehousing, for
which it has proposed to increase size
standards, no firm at or below the
proposed size standard is large enough
to dominate its field of operation. At the
proposed size standards, if adopted,
small business shares of total industry
receipts among those industries vary
from less than 0.1 percent to 13.4
percent, with an average of 1.6 percent.
These levels of market share effectively
preclude a firm at or below the
proposed size standards from exerting
control on this industry.
Request for Comments
SBA invites public comments on the
proposed rule, especially in the
following areas.
1. To simplify size standards, SBA
proposes eight fixed size levels for
receipts based size standards: $5.0
million, $7.0 million, $10.0 million,
$14.0 million, $19.0 million, $25.5
million, $30.0 million and $35.5
million. SBA invites comments on
whether simplification of size standards
in this way is necessary and if these
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Proposed size
standard
($ million)
NAICS industry title
15:16 May 12, 2011
Jkt 223001
proposed fixed size levels are
appropriate. If not, SBA welcomes
suggestions on alternative approaches to
simplifying small business size
standards.
2. For industries in NAICS Sector 48–
49 that SBA has reviewed, SBA has
proposed receipts based size standards
ranging from $7.0 million to $35.5
million in average annual revenue. SBA
seeks feedback on whether the levels of
proposed size standards are appropriate
given the economic characteristics of
each industry. SBA also seeks public
opinion and suggestions on alternative
standards, if they would be more
appropriate, including whether an
employee based size standard is a more
suitable measure of size for certain
industries and what that employee level
should be.
3. SBA has proposed to continue the
common size standards for industries
within NAICS Subsector 484 (Truck
Transportation), NAICS Subsector 485
(Transit and Ground Transportation),
NAICS Subsector 487 (Scenic and Sight
Seeing Transportation), NAICS Industry
Group 4881 (Support Activities for Air
Transportation), NAICS Industry Group
4884 (Support Activities for Road
Transportation), and NAICS Industry
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$14.0
14.0
14.0
14.0
14.0
14.0
14.0
14.0
14.0
14.0
14.0
14.0
25.5
30.0
30.0
30.0
14.0
35.5
35.5
35.5
35.5
14.0
Current size
standard
($ million)
$7.0
7.0
7.0
7.0
7.0
7.0
7.0
7.0
7.0
7.0
7.0
7.0
7.0
7.0
7.0
7.0
7.0
25.5
25.5
7.0
7.0
7.0
Group 493 (Warehousing and Storage).
SBA has also proposed a common size
standard for industries in NAICS
Industry Group 4853 (Support Activities
for Water Transportation). SBA invites
comments or suggestions along with
supporting information with respect to
the following:
a. Whether SBA should adopt a
common size standard for those
industries or establish a separate size
standard for each industry based on
industry-specific analyses.
b. Whether the levels of proposed
common size standards for those
industries are appropriate or what are
more appropriate levels if the proposed
standards are not appropriate.
4. SBA’s proposed standards are
based on the evaluation of five primary
factors—average firm size, average
assets size (as proxy of startup costs and
entry barriers), the four-firm
concentration ratio, distribution of firms
by size, and small business share of
Federal contracting dollars. SBA
welcomes comments on whether it
should consider other factors when
evaluating or revising an industry’s size
standard. Please provide relevant data
sources, if available.
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5. SBA assigns equal weight to each
of the five primary factors in all
industries. SBA seeks feedback on
whether it should continue assigning
equal weight to each factor or whether
it should give more weight to one or
more factors for certain industries.
Recommendations to weigh some
factors more than others should include
suggestions on specific weights for each
factor for those industries along with
supporting information.
6. For some industries, SBA proposes
to increase the size standards by a large
amount, while for others the proposed
increases are modest. SBA invites
comment on whether it should, as a
policy, limit the amount of increase or
decrease to a size standard. Similarly,
SBA also seeks feedback on whether it
should, as a policy, establish certain
minimum or maximum values for its
size standards. SBA seeks suggestions
on appropriate levels of changes to size
standards and on their minimum or
maximum levels.
7. Given the lack of industry data at
the sub-industry level, SBA has
proposed to leave the size standard for
Non-Vessel Owning Common Carriers
and Household Good Forwarders
(‘‘exception’’ under NAICS 488510) at its
current level. SBA invites comments,
along with supporting information, on
this proposal. Alternatively, in view of
insignificant Government contracting,
SBA also welcomes comments on
whether it should continue to have a
higher size standard for Non-Vessel
Owning Common Carriers and
Household Good Forwarders as an
‘‘exception’’ under NAICS 488510 or
should it apply the same $14 million
proposed size standard for the industry.
8. Because of the lack of data to
review the industry structure, SBA has
proposed to leave the size standard for
Postal Service (NAICS 491110) at the
current level of $7 million in average
annual revenue. SBA invites comments
on this proposal as well as suggestions,
along with supporting information, if a
different size standard is more
appropriate.
9. SBA requests comments on
whether it should lower size standards.
SBA has proposed not to reduce small
business size standards where applying
its ‘‘Size Standards Methodology,’’ might
suggest lowering them. Rather, SBA
opted to retain the current standards for
those industries. SBA explained its
reasons for this in the SUPPLEMENTARY
INFORMATION above. SBA seeks
comments, as it does in its ‘‘Size
Standards Methodology’’ (see Policy
Issue i on page 47) on whether it should
reduce size standards at all. Because
this is a policy issue, please provide
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documentation to reinforce your
comments either in support of or
opposition to this issue.
10. For analytical simplicity and
efficiency, SBA has refined its size
standard methodology to obtain a single
value as a proposed size standard
instead of a range of values as was
SBA’s methodology in its past size
regulations. SBA welcomes any
comments on this procedure and
suggestions for alternative methods.
Public comments on the above issues
are very valuable to SBA for validating
its size standard methodology and
proposed revisions to size standards in
this proposed rule. This will help SBA
move forward with its review of size
standards for other NAICS Sectors.
Commenters that address specific size
standards for one or more industries or
group of industries should include data
and/or other information that support
their comments. If comments address
the use of size standards for Federal
procurement programs, SBA suggests
that commenters relate their comments
to the size of contracts awarded, the size
of businesses that can undertake the
contracts, start-up costs, equipment and
other asset requirements, the amount of
subcontracting, other direct and indirect
costs associated with the contracts, the
use of mandatory sources of supply for
products and services, and the degree to
which contractors can mark up those
costs.
Compliance With Executive Orders
12866, 12988, 13132 and 13563, the
Paperwork Reduction Act (44 U.S.C.
Ch. 35), and the Regulatory Flexibility
Act (5 U.S.C. 601–612)
Executive Order 12866
The Office of Management and Budget
(OMB) has determined that this
proposed rule is a ‘‘significant’’
regulatory action for purposes of
Executive Order 12866. Accordingly,
the next section contains SBA’s
Regulatory Impact Analysis. This is not
a major rule, however, under the
Congressional Review Act, 5 U.S.C. 800.
Regulatory Impact Analysis
1. Is there a need for the regulatory
action?
SBA believes that it needs to adjust
certain size standards in NAICS Sector
48–49, Transportation and
Warehousing, to reflect the economic
characteristics of small businesses and
Federal marketplace in those industries
better. SBA’s mission is to aid and assist
small businesses through a variety of
financial, procurement, business
development, and advocacy programs.
To assist the intended beneficiaries of
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these programs effectively, SBA must
establish distinct definitions of which
businesses are small businesses. The
Small Business Act (15 U.S.C. 632(a))
delegates to SBA’s Administrator the
responsibility for establishing small
business definitions. The Act also
requires that small business definitions
vary to reflect industry differences. The
recently enacted Small Business Jobs
Act requires SBA to conduct a detailed
review of all size standards and to make
appropriate adjustments to reflect
market conditions. The supplementary
information section of this proposed
rule explains SBA’s methodology for
analyzing a size standard for a particular
industry.
2. What are the potential benefits and
costs of this regulatory action?
The most significant benefit to
businesses obtaining small business
status because of this rule is gaining
eligibility for Federal small business
assistance programs. These include
SBA’s financial assistance programs,
economic injury disaster loans, and
Federal procurement preference
programs for small businesses. Federal
procurement provides targeted
opportunities for small businesses
under SBA’s business development
programs, such as 8(a), Small
Disadvantaged Businesses (SDB), small
businesses located in Historically
Underutilized Business Zones
(HUBZone), women-owned small
businesses (WOSB), and servicedisabled veteran-owned small business
concerns (SDVO SBC). Other Federal
agencies also use SBA size standards for
a variety of regulatory and program
purposes. Through the assistance of
these programs, small businesses
become more knowledgeable, stable and
competitive. In the 22 industries in
NAICS Sector 48–49 for which SBA has
proposed increasing size standards, SBA
estimates that about 1,200 more firms
will gain small business status and
become eligible for these programs. That
number is 0.7 percent of the total
number of firms in those industries
defined as small under the current
standards. If adopted as proposed, this
will increase the small business share of
total industry receipts in those
industries from 36 percent under the
current size standards to 39 percent.
The benefits of proposed increases to
size standards, if adopted, will accrue to
three groups: (1) Businesses that are
above the current size standards will
gain small business status under the
higher size standards, thereby becoming
able to participate in Federal small
business assistance programs; (2)
growing small businesses that are close
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to exceeding the current size standards
will be able to retain their small
business status under the higher size
standards, thereby being able to
continue their participation in the
programs; and (3) Federal agencies will
have a larger pool of small businesses
from which to draw for their small
business procurement programs.
Based on the data for fiscal years
2007–2009, 68 percent of total Federal
contracting dollars spent in industries
reviewed in this proposed rule were
accounted for by the 22 industries for
which SBA has proposed increasing size
standards. SBA estimates that additional
firms gaining small business status in
those industries under the proposed size
standards could obtain Federal contracts
totaling up to $25 million per year
under the small business set-aside
program, the 8(a), HUBZone, WOSB,
and SDVO SBC Programs and other
unrestricted procurements. The added
competition for many of these
procurements may also result in a lower
price to the Government for
procurements reserved for small
businesses, but SBA cannot quantify
this benefit.
Under SBA’s 7(a) Guaranteed Loan
Program and Certified Development
Company (504) Program, based on fiscal
years 2009–2010 data, SBA estimates
10–15 additional loans totaling $2
million to $3 million in Federal loan
guarantees could be made to these
newly defined small businesses.
Because of the size of these loans,
however, most loans were made
primarily to small businesses that are
well below their industry size
standards. The recently enacted Jobs Act
increased the maximum limit of SBA
7(a) and 504 loans from $2 million to $5
million ($5.5 million for manufacturers
under the 504 loan program). In
addition, the Jobs Act not only adopted
the tangible net worth based and net
income based alternative size standard
used in 504 loans for 7(a) loans, it also
increased the maximum limit of tangible
net worth from $8 million to $15
million and that of net income from $3
million to $5 million. Thus, combined
with these changes that are aimed at
expanding credit opportunities for small
businesses, proposed increases to the
size standards will likely result in
additional SBA loans to small
businesses. However, given the lack of
data, SBA is not able to estimate the
extent of their number and the total loan
amount.
Newly defined small businesses will
also benefit from SBA’s Economic Injury
Disaster Loan (EIDL) Program. The EIDL
Program is contingent on the number
and severity of disasters, which SBA
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cannot estimate for the future.
Therefore, a meaningful estimate of
those benefits is impractical.
To the extent that newly defined
small businesses become active in
Federal procurement and loan
programs, there may be some additional
administrative costs to the Federal
Government associated with additional
firms seeking to apply for Federal small
business procurement opportunities,
additional firms seeking SBA
guaranteed loans, additional firms
eligible for enrollment in the Central
Contractor Registration’s Dynamic Small
Business Search database, and
additional firms seeking certification as
8(a) or HUBZone firms or those
qualifying for small business, WOSB,
SDVO SBC, and SDB status. For these
businesses seeking SBA assistance,
there could be some additional costs
associated with compliance and
verification of small business status and
protests of small business status. These
added costs are likely to be minimal
because mechanisms are already in
place to handle these additional
administrative requirements.
The costs to the Federal Government
may be higher for some contracts. With
a greater number of businesses defined
as small, Federal agencies may choose
to set aside more contracts for
competition among small businesses
rather than using full and open
competition. The movement from
unrestricted to set-aside contracting is
likely to result in competition among
fewer bidders, although there will be
more small businesses eligible to
participate. In addition, higher costs
may result when more full and open
contracts are awarded to HUBZone price
evaluation preferences. The additional
costs associated with fewer bidders,
however, are likely to be minor since, as
a matter of law, procurements may be
set aside for small businesses or
reserved for the 8(a), HUBZone, WOSB,
or SDVO SBC Programs only if awards
are expected to be made at fair and
reasonable prices.
The proposed increases to size
standards may have some distributional
effects among large and small
businesses. Although SBA cannot
estimate the actual outcome of the gains
and losses among small and large
businesses with certainty, several likely
impacts can be identified. There will
likely be a transfer of some Federal
contracts from large businesses to small
businesses. Large businesses may have
fewer Federal contract opportunities as
Federal agencies may decide to set aside
more contracts for small businesses. In
addition, some Federal contracts may be
awarded to HUBZone concerns instead
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27949
of large businesses since these small
businesses may be eligible for a price
evaluation preference for contracts
competed on a full and open basis.
Similarly, currently defined small
businesses may obtain fewer Federal
contracts due to the increased
competition from more businesses
defined as small. A greater number of
Federal contracts set aside for all small
businesses may offset this impact. The
number of newly defined and
expanding small businesses that are
willing and able to sell to the Federal
Government will limit the potential
transfer of contracts away from large
and currently defined small businesses.
SBA cannot estimate the potential
distributional impacts of these transfers
with any degree of precision because the
FPDS–NG data only identify the size of
a business receiving a Federal contract
as a small businesses or as an other than
small businesses; FPDS–NG data do not
provide the exact size of the business.
The proposed revisions to the existing
size standards for Transportation and
Warehousing industries are consistent
with SBA’s statutory mandate to assist
small business. This regulatory action
also promotes the Administration’s
objectives. One of SBA’s goals in
support of the Administration’s
objectives is to help individual small
businesses succeed through fair and
equitable access to capital and credit,
Government contracts, and management
and technical assistance. Reviewing and
modifying size standards, when
appropriate, ensures that intended
beneficiaries have access to small
business programs designed to assist
them.
Executive Orders 12866 and 13563
A description of the need for this
regulatory action and benefits and costs
associated with this action including
possible distributions impacts that
relate to Executive Order 13563 are
included above in the Regulatory Impact
Analysis under Executive Order 12866.
In an effort to engage interested
parties in this action, SBA has presented
its methodology (discussed above under
Supplementary Information) to various
industry associations and trade groups.
SBA also met with various industry
groups to get their feedback on its
methodology and other size standards
issues.
Also, SBA sent letters to the Directors
of the Offices of Small and
Disadvantaged Business Utilization
(OSDBU) at several Federal agencies
with considerable procurement
responsibilities requesting their
feedback on how the agencies use SBA
size standards and whether current
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standards meet their programmatic
needs (both procurement and nonprocurement). SBA gave appropriate
consideration to all input, suggestions,
recommendations, and relevant
information obtained from industry
groups, individual businesses, and
Federal agencies in preparing this
proposed rule.
The review of NAICS Sector 48–49,
Transportation and Warehousing, is
consistent with EO 13653, Sec 6. calling
for retrospective Analyses of existing
rules. The last overall review of size
standards occurred during the late
1970s and early 1980s. Since then,
except for periodic adjustments for
monetary based size standards, most
reviews of size standards have been
limited to a few specific industries in
response to requests from the public and
Federal agencies. SBA recognizes that
changes in industry structure and the
Federal marketplace over time have
rendered existing size standards for
some industries in no longer
supportable by current data.
Accordingly, SBA has begun a
comprehensive review of its size
standards to ensure that existing size
standards have supportable bases and to
revise them when necessary. In
addition, on September 27, 2010 the
President of the United States signed the
Small Business Jobs Act of 2010 (Jobs
Act). The Jobs Act directs SBA to
conduct a detailed review of all size
standards and to make appropriate
adjustments to reflect market
conditions. Specifically, the Jobs Act
requires SBA to conduct a detailed
review of at least one-third of all size
standards during every 18-month period
from the date of its enactment and do a
complete review of all size standards
not less frequently than once every
5 years thereafter.
Executive Order 12988
For purposes of Executive Order
12988, SBA has determined that this
rule is drafted, to the extent practicable,
in accordance with the standards set
forth in that Order.
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Executive Order 13132
For purposes of Executive Order
13132, SBA has determined that this
rule does not have any Federalism
implications warranting the preparation
of a federalism assessment.
Paperwork Reduction Act, 44 U.S.C.,
Ch. 35
For the purpose of the Paperwork
Reduction Act, 44 U.S.C. Ch. 35, SBA
has determined that this rule does not
impose new reporting or record keeping
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requirements, other than those already
required of SBA.
Regulatory Flexibility Act, 5 U.S.C.,
601–612
Under the Regulatory Flexibility Act
(RFA), this rule, if finalized, may have
a significant impact on a substantial
number of small entities in NAICS
Sector 48–49, Transportation and
Warehousing. As described above, this
rule may affect small entities seeking
Federal contracts, SBA’s 7(a) and 504
Guaranteed Loans, SBA Economic
Injury Disaster Loans, and other Federal
small business assistance.
Immediately below, SBA sets forth an
initial regulatory flexibility analysis
(IRFA) of this proposed rule addressing
the following questions: (1) What is the
need for and objective of the rule? (2)
what is SBA’s description and estimate
of the number of small entities to which
the rule will apply? (3) what are the
projected reporting, record keeping and
other compliance requirements of the
rule? (4) what are the relevant Federal
rules which may duplicate, overlap or
conflict with the rule? and (5) what
alternatives will allow the Agency to
accomplish its regulatory objectives
while minimizing the impact on small
entities?
(1) What is the need for and objective of
the rule?
Most of the size standards for
industries in NAICS Sector 48–49,
Transportation and Warehousing, have
not been reviewed since the early 1980s.
Technology, productivity growth, global
competition, mergers and acquisitions,
and updated industry definitions may
have changed the structure of many
industries. Such changes can be
sufficient to support a revision to size
standards for some industries. In
addition, the recently enacted Small
Business Jobs Act requires SBA to
conduct a detailed review of all size
standards and to make appropriate
adjustments to reflect market
conditions. Based on an analysis of the
latest data available to the Agency, SBA
believes that the revised standards in
this proposed rule more appropriately
reflect economic characteristics and the
Federal marketplace in those industries.
(2) What is SBA’s description and
estimate of the number of small entities
to which the rule will apply?
If the proposed rule is adopted in its
present form, SBA estimates that
approximately 1,200 additional firms
will become small because of increases
in size standards in 22 industries. That
represents 0.7 percent of total firms in
those industries. This will result in an
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increase in the small business share of
total industry receipts in those
industries from about 36 percent under
the current size standard to nearly 39
percent under the proposed standards.
SBA does not anticipate a significant
competitive impact on smaller
businesses in these industries. The
proposed standards, if adopted, will
enable more small businesses to retain
their small business status for a longer
period. Many either have lost their
small business eligibility or find it
difficult to compete with companies
that are significantly larger than they
are. SBA believes the competitive
impact will be positive for existing
small businesses and for those that have
either exceeded or are about to exceed
the size standards.
(3) What are the projected reporting,
record keeping and other compliance
requirements of the rule and an estimate
of the classes of small entities which
will be subject to the requirements?
Proposed size standards changes do
not impose any additional reporting or
record keeping requirements on small
entities. However, qualifying for Federal
procurement and a number of other
programs requires that entities register
in the Central Contractor Registration
(CCR) database and certify, at least
annually, that they are small in the
Online Representations and
Certifications Application (ORCA).
Therefore, businesses opting to
participate in those programs must
comply with CCR and ORCA
requirements. There are no costs
associated with either CCR registration
or ORCA certification. Revising size
standards alters access to Federal small
business assistance, but does not impose
a regulatory burden because they
neither regulate nor control business
behavior.
(4) What are the relevant Federal rules
which may duplicate, overlap or
conflict with the rule?
Under § 3(a)(2)(C) of the Small
Business Act, 15 U.S.C. 632(a)(2)(c),
Federal agencies must use SBA’s size
standards to define a small business,
unless specifically authorized by
statute. In 1995, SBA published in the
Federal Register a list of statutory and
regulatory size standards that identified
the application of SBA’s size standards
as well as other size standards used by
Federal agencies (60 FR 57988
(November 24, 1995)). SBA is not aware
of any Federal rule that would duplicate
or conflict with establishing size
standards.
However, the Small Business Act and
SBA’s regulations allow Federal
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agencies to develop and use different
size standards if they believe that SBA’s
size standards are not appropriate for
their programs, with the approval of
SBA’s Administrator. 13 CFR 121.903.
The Regulatory Flexibility Act
authorizes an Agency to establish an
alternative small business definition,
after consultation with the Office of
Advocacy of the U.S. Small Business
Administration. 5 U.S.C. 601(3).
(5) What alternatives will allow the
Agency to accomplish its regulatory
objectives while minimizing the impact
on small entities?
By statute, SBA is required to develop
numerical size standards for
establishing eligibility for Federal small
business assistance. Other than varying
the size standards by industry and
changing the measure of business size,
no practical alternative exists to the
systems of numerical size standards.
PART 121—SMALL BUSINESS SIZE
REGULATIONS
List of Subjects in 13 CFR Part 121
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.
Administrative practice and
procedure, Government procurement,
Government property, Grant programs—
business, Individuals with disabilities,
Loan programs—business, Reporting
and recordkeeping requirements, Small
businesses.
For the reasons set forth in the
preamble, SBA proposes to amend 13
CFR part 121 as follows:
1. The authority citation for part 121
continues to read as follows:
2. In § 121.201, in the table, revise the
entries for ‘‘481219’’, ‘‘485111’’,
‘‘485112’’, ‘‘485113’’, ‘‘485119’’, ‘‘485210’’,
‘‘485310’’, ‘‘485320’’, ‘‘485410’’, ‘‘485510’’,
‘‘485991’’, ‘‘485999’’, ‘‘486210’’, ‘‘488111’’,
‘‘488119’’, ‘‘488190’’, ‘‘488210’’, ‘‘488310’’,
‘‘488320’’, ‘‘488330’’, ‘‘488390’’, and
‘‘488510’’
§ 121.201 What size standards has SBA
identified by North American Industry
Classification System codes?
*
*
*
*
*
SMALL BUSINESS SIZE STANDARDS BY NAICS INDUSTRY
NAICS codes
*
Size standards
in millions
of dollars
NAICS U.S. industry title
*
*
*
*
Sector 48–49—Transportation and Warehousing
*
*
481219 ...........................
*
*
*
*
Other Non-Scheduled Air Transportation ............................................................
*
...........................
...........................
...........................
...........................
...........................
...........................
...........................
...........................
...........................
...........................
...........................
*
*
*
*
Mixed Mode Transit Systems ..............................................................................
Commuter Rail Systems ......................................................................................
Bus and Other Motor Vehicle Transit Systems ...................................................
Other Urban Transit Systems ..............................................................................
Interurban and Rural Bus Transportation ............................................................
Taxi Service .........................................................................................................
Limousine Service ...............................................................................................
School and Employee Bus Transportation ..........................................................
Charter Bus Industry ............................................................................................
Special Needs Transportation .............................................................................
All Other Transit and Ground Passenger Transportation ...................................
*
*
486210 ...........................
*
*
*
*
Pipeline Transportation of Natural Gas ...............................................................
*
*
...........................
...........................
...........................
...........................
...........................
...........................
...........................
...........................
*
*
*
*
Air Traffic Control .................................................................................................
Other Airport Operations .....................................................................................
Other Support Activities for Air Transportation ...................................................
Support Activities for Rail Transportation ............................................................
Port and Harbor Operations ................................................................................
Marine Cargo Handling ........................................................................................
Navigational Services to Shipping .......................................................................
Other Support Activities for Water Transportation ..............................................
*
*
488510 ...........................
*
*
*
*
Freight Transportation Arrangement ...................................................................
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
*
*
*
485111
485112
485113
485119
485210
485310
485320
485410
485510
485991
485999
488111
488119
488190
488210
488310
488320
488330
488390
*
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35.5
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Size
standards in
number of
employees
*
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27952
Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Proposed Rules
Dated: May 3, 2011.
Karen G. Mills,
Administrator.
[FR Doc. 2011–11717 Filed 5–12–11; 8:45 am]
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
13 CFR Part 121
RIN 3245–AG07
Small Business Size Standards:
Professional, Scientific and Technical
Services.
U.S. Small Business
Administration.
ACTION: Proposed rule; notice of
extension of comment period.
AGENCY:
On March 16, 2011, the U.S.
Small Business Administration (SBA or
Agency) proposed to increase small
business size standards for 35 industries
and one sub-industry in North
American Industry Classification
System (NAICS) Sector 54, Professional,
Scientific and Technical Services and
one industry in NAICS Sector 81, Other
Services. SBA provided a 60-day
comment period ending on May 16,
2011. In this notice, SBA is extending
the comment period an additional 30
days to June 15, 2011.
DATES: The comment period for the
proposed rule published on March 16,
2011, at 76 FR 14323, is extended
through June 15, 2011.
ADDRESSES: You may submit comments,
identified by RIN 3245–AG07 by one of
the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments;
or
(2) Mail/Hand Delivery/Courier: Khem
R. Sharma, PhD, Chief, Size Standards
Division, 409 Third Street, SW., Mail
Code 6530, Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT: The
SBA’s Office of Size Standards at (202)
205–6618 or sizestandards@sba.gov.
SUPPLEMENTARY INFORMATION:
In the proposed rule (76 FR 14323),
SBA sought public comment on whether
the proposed increases to size standards
are appropriate given the economic
characteristics of industries. Based on
its analysis of industry and Federal
procurement data and the use of a
common size standard, for some
industries SBA proposed to increase the
size standards by more than three times
their current levels (e.g., Engineering,
Architectural and Related Services),
while for some other industries
proposed increases are more modest
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
15:16 May 12, 2011
Jkt 223001
(e.g., Computer System Designs and
Related Services). SBA also sought
public feedback on a number of policy
issues regarding its size standards
methodology, such as whether SBA’s
proposal to apply eight fixed size
standards levels is appropriate to
simplify size standards and whether
SBA should adopt a common size
standards for related industries although
the analysis might support a different
size standard for each industry.
As of May 9, 2011, SBA has received
over 210 comments to the proposed rule
which are posted on https://
www.regulations.gov. Some comments
support SBA’s proposed increases, some
feel that proposed increases are too
large, and others believe that proposed
increases are too small. Given the
impact the proposed changes might
have on affected businesses and the lack
of consensus in the comments received
to date, SBA believes that the Agency
and the affected industries will benefit
from more public input before it
finalizes any changes. Therefore, SBA is
extending the comment period to
June 15, 2011. This will also give more
time to affected businesses and
interested parties to review the
proposed changes and prepare accurate,
constructive and convincing comments
to the proposed rule.
Dated: May 9, 2011.
Joseph Jordan,
Associate Administrator for Government
Contracting and Business Development.
[FR Doc. 2011–11707 Filed 5–12–11; 8:45 am]
BILLING CODE 8025–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0448; Directorate
Identifier 2007–SW–51–AD]
RIN 2120–AA64
Airworthiness Directives; Eurocopter
France Model EC 120B Helicopters
Federal Aviation
Administration, DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for the
specified Eurocopter France Model EC
120B helicopters. This proposed AD
would require modifying the pilot cyclic
control friction device by replacing a
certain thrust washer with two thrust
washers. This proposed AD is prompted
by an incident in which the pilot
SUMMARY:
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
encountered a sudden restriction of the
cyclic control movement during flight.
The actions specified by this proposed
AD are intended to prevent jamming of
a pilot cyclic control stick and
subsequent loss of control of the
helicopter.
DATES: Comments must be received on
or before July 12, 2011.
ADDRESSES: Use one of the following
addresses to submit comments on this
proposed AD:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
You may get the service information
identified in this proposed AD from
American Eurocopter Corporation, 2701
Forum Drive, Grand Prairie, Texas
75053–4005, telephone (972) 641–3460,
fax (972) 641–3527.
You may examine the comments to
this proposed AD in the AD docket on
the Internet at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Gary
Roach, Aviation Safety Engineer,
Regulations and Policy Group,
Rotorcraft Directorate, FAA, 2601
Meacham Blvd., Fort Worth, Texas
76137, telephone (817) 222–5130, fax
(817) 222–5961.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any written
data, views, or arguments regarding this
proposed AD. Send your comments to
the address listed under the caption
ADDRESSES. Include the docket number
‘‘FAA–2011–0448, Directorate Identifier
2007–SW–51–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of the proposed AD. We will
consider all comments received by the
closing date and may amend the
proposed AD in light of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
E:\FR\FM\13MYP1.SGM
13MYP1
Agencies
[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Proposed Rules]
[Pages 27935-27952]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11717]
=======================================================================
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
13 CFR Part 121
RIN 3245-AG08
Small Business Size Standards: Transportation and Warehousing
AGENCY: U.S. Small Business Administration.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Small Business Administration (SBA) proposes to
increase small business size standards
[[Page 27936]]
for 22 industries in North American Industry Classification System
(NAICS) Sector 48-49, Transportation and Warehousing. As part of its
ongoing initiative to review all size standards, SBA has evaluated all
industries in NAICS Sector 48-49 that have receipts based size
standards to determine whether the size standards should be retained or
revised. This rule is one of a series of proposed rules that will
examine industries grouped by a NAICS Sector. SBA has issued a White
Paper entitled ``Size Standards Methodology'' and published in the
October 21, 2009 issue of the Federal Register a notice that ``Size
Standards Methodology'' is available on its Web site at https://www.sba.gov/size for public review and comments. The ``Size Standards
Methodology'' White Paper explains how SBA establishes, reviews and
modifies its receipts based and employee based small business size
standards. In this proposed rule, SBA has applied its methodology that
pertains to establishing, reviewing and modifying a receipts based size
standard.
DATES: You must submit your comments to this proposed rule on or before
July 12, 2011.
ADDRESSES: You may submit comments, identified by RIN 3245-AG08 by one
of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments;
or
(2) Mail/Hand Delivery/Courier: Khem R. Sharma, PhD, Chief, Size
Standards Division, 409 Third Street, SW., Mail Code 6530, Washington,
DC 20416.
SBA will post all comments to this proposed rule on https://www.regulations.gov. If you wish to submit confidential business
information (CBI) as defined in the User Notice at https://www.regulations.gov, you must submit such information to U.S. Small
Business Administration, Khem R. Sharma, PhD, Chief, Size Standards
Division, 409 Third Street, SW., Mail Code 6530, Washington, DC 20416,
or send an e-mail to sizestandards@sba.gov. You should highlight the
information that you consider to be CBI and explain why you believe SBA
should hold this information as confidential. SBA will review your
information and determine whether it will make the information public
or not.
FOR FURTHER INFORMATION CONTACT: Khem R. Sharma, PhD, Chief, Size
Standards Division, (202) 205-6618 or sizestandards@sba.gov.
SUPPLEMENTARY INFORMATION: To determine eligibility for Federal small
business assistance, SBA establishes small business definitions
(referred to as size standards) for private sector industries in the
United States. SBA uses two primary measures of business size--receipts
and number of employees. SBA uses financial assets, electric output and
refining capacity as size measures for a few specialized industries. In
addition, SBA's Small Business Investment Company (SBIC), Certified
Development Company (CDC) and 7(a) Loan Programs use either the
industry based size standards or net worth and net income based size
standards to determine eligibility for those programs. Currently, SBA's
size standards consist of 42 different size levels, covering 1,141
NAICS industries and 18 sub-industry activities (``exceptions'' in
SBA's table of size standards). Thirty-one of these size levels are
based on average annual receipts, eight are based on number of
employees, and three are based on other measures. In addition, SBA has
established 11 other size standards for its financial and procurement
programs.
Over the years, SBA has received comments that its size standards
have not kept up with changes in the economy and changes in the Federal
contracting marketplace and industry structure. The last time SBA made
an overall review of size standards was during the late 1970s to early
1980s. Since then, most reviews of size standards have been limited to
in-depth analyses of specific industries in response to requests from
the public and Federal agencies. SBA also makes periodic inflation
adjustments to its monetary based size standards. The SBA's latest
inflation adjustment to size standards was published in the Federal
Register on July 18, 2008 (73 FR 41237).
Because of changes in Federal marketplace and industry structure
since the last overall review, SBA recognizes that current data may no
longer support some of its existing size standards. Accordingly, SBA
began a comprehensive review of all size standards to determine if they
are consistent with current data, and to adjust them when necessary.
In addition, on September 27, 2010, the President of the United
States signed the Small Business Jobs Act of 2010 (Jobs Act). The Jobs
Act directs SBA to conduct a detailed review of all size standards and
to make appropriate adjustments to reflect market conditions.
Specifically, the Jobs Act requires SBA to conduct a detailed review of
at least one-third of all size standards during every 18-month period
from the date of its enactment and do a complete review of all size
standards not less frequently than once every 5 years thereafter.
Reviewing existing small business size standards and making appropriate
adjustments based on current data is also consistent with Executive
Order 13563 on improving regulation and regulatory review.
Rather than review all size standards at one time, SBA believes a
more manageable approach is a phased examination of a group of
industries within a NAICS Sector. A NAICS Sector generally consists of
25 to 75 industries, except for the manufacturing sector, which has
considerably more industries. SBA will review the size standards for
each industry in a NAICS Sector, and then will propose changing size
standards for those industries for which currently available data and
other relevant factors support doing so. Accordingly, this proposed
rule affords the public an opportunity to review and comment on SBA's
proposals to revise size standards in NAICS Sector 48-49 as well as on
the data and methodology it uses to evaluate and revise a size
standard.
Below is a discussion of SBA's size standards methodology for
establishing receipts based size standards that was applied to this
proposed rule, including analyses of industry structure, Federal
procurement trends and other factors for industries within NAICS Sector
48-49, Transportation and Warehousing, and the impact of the proposed
revisions to size standards on Federal small businesses assistance.
Size Standards Methodology
SBA has prepared a ``Size Standards Methodology'' White Paper for
establishing, reviewing and modifying size standards when necessary.
This document is available on SBA's Web site at https://www.sba.gov/size. SBA has also included its methodology in the electronic docket of
this proposed rule as a supporting document at https://www.regulations.gov. SBA does not apply every feature of its
methodology to every size standard evaluation because not all features
are appropriate for every industry. For example, since this proposed
rule covers all industries with receipts based standards in NAICS
Sector 48-49, the methodology described here mostly applies to
establishing receipts based standards. However, SBA makes the
methodology available in its entirety for parties who have an interest
in SBA's overall approach to evaluating, establishing and modifying
small business size standards. SBA always explains its analysis in
individual proposed and
[[Page 27937]]
final rules relating to size standards for specific industries. This
proposed rule includes information regarding the factors SBA evaluated
and the criteria the Agency used to propose any adjustments to size
standards in NAICS Sector 48-49. It also explains why SBA has proposed
to adjust some size standards in that sector but not others.
SBA welcomes comments from the public on a number of issues that it
raises in its ``Size Standards Methodology,'' such as suggestions on
alternative approaches to establishing and modifying size standards;
whether there are alternative or additional factors that SBA should
consider; whether SBA's approach to small business size standards makes
sense in the current economic environment; whether SBA's using anchor
size standards is appropriate in the current economy; whether there are
gaps in SBA's methodology because of the lack of comprehensive data;
and whether there are other facts or issues that SBA should consider in
its methodology. Comments on the SBA's methodology should be submitted
via (1) the Federal eRulemaking Portal: https://www.regulations.gov; the
docket number is SBA-2009-0008; or (2) Mail/Hand Delivery/Courier: Khem
R. Sharma, PhD, Chief, Size Standards Division, 409 Third Street, SW.,
Mail Code 6530, Washington, DC 20416. As with comments received to this
and other proposed rules, SBA will post all comments on its methodology
on https://www.regulations.gov. As of May 13, 2011, SBA has received
four comments to its ``Size Standards Methodology.'' The comments are
available to the public at https://www.regulations.gov. SBA continues to
welcome comments on its methodology from interested parties.
Congress granted SBA's Administrator discretion to establish
detailed small business size standards. 15 U.S.C. 632(a)(2). Section
3(a)(3) of the Small Business Act (15 U.S.C. 632(a)(3)) requires that
``* * * the [SBA] Administrator shall ensure that the size standard
varies from industry to industry to the extent necessary to reflect the
differing characteristics of the various industries and consider other
factors deemed to be relevant by the Administrator.'' Accordingly, the
economic structure of an industry serves as the underlying basis for
developing and modifying small business size standards. SBA identifies
the small business segment of an industry by examining data on the
economic characteristics defining the industry structure itself (as
described below). In addition to analyzing an industry's structure, SBA
also considers current economic conditions, together with its own
mission, program objectives, and the Administration's current policies,
suggestions from industry groups and Federal agencies, and public
comments on the proposed rule when it establishes small business size
standards. SBA also examines whether a size standard based on industry
and other relevant data successfully excludes businesses that are
dominant in the industry.
Below is a discussion on SBA's analysis of the economic
characteristics of each industry reviewed in this proposed rule, the
impact of proposed size standards revisions on SBA loan and Federal
procurement programs, and the evaluation of whether a revised size
standard would exclude dominant firms from being considered small. This
proposed rule affords the public an opportunity to review and comment
on the data and methodology SBA uses to evaluate and revise a size
standard.
Industry Analysis
For the current comprehensive size standards review, SBA has
established three ``base'' or ``anchor'' size standards--$7.0 million
in average annual receipts for industries that have receipts based size
standards, 500 employees for manufacturing and other industries that
have employee based size standards (except for Wholesale Trade), and
100 employees for industries in the Wholesale Trade Sector. SBA
established 500 employees as the anchor size standard for manufacturing
industries at its inception in 1953. Shortly thereafter SBA established
$1 million in average annual receipts as the anchor size standard for
nonmanufacturing industries. SBA has periodically increased the
receipts based anchor size standard for inflation, and it stands today
at $7 million. Since 1986, SBA has set 100 employees as the size
standard for all industries in the Wholesale Trade Sector for SBA
financial assistance programs. For Federal procurement purposes,
however, the size standard for all firms in both the Wholesale Trade
(NAICS Sector 42) and Retail Trade (NAICS Sector 44-45) is 500
employees under the SBA's nonmanufacturer rule (13 CFR 121.406(b)).
These long standing anchor size standards have stood the test of
time and gained legitimacy through practice and general public
acceptance. An anchor size standard is neither a minimum nor a maximum.
It is a common size standard for a large number of industries that have
similar economic characteristics and serves as a reference point in
evaluating size standards for individual industries. SBA uses the
anchor in lieu of trying to establish precise small business size
standards for each industry. Otherwise, theoretically, the number of
size standards might be as high as the number of industries (1,141) for
which SBA establishes size standards. Furthermore, the data SBA
analyzes are static, but the U.S. economy is not. Hence, absolute
precision is impossible. Therefore, SBA presumes an anchor size
standard is appropriate for a particular industry unless that industry
displays economic characteristics that are considerably different from
others with the same anchor size standard.
When evaluating a size standard, SBA compares the economic
characteristics of the specific industry under review to the average
characteristics of industries with one of the three anchor size
standards (referred to as ``anchor comparison group''). This allows SBA
to assess the industry structure and to determine whether the industry
is appreciably different from the other industries in the anchor
comparison group. If the characteristics of a specific industry under
review are similar to the average characteristics of the anchor
comparison group, the anchor size standard is considered appropriate
for that industry. SBA may consider adopting a size standard below the
anchor when (1) all or most of the industry characteristics are
significantly smaller than the average characteristics of the anchor
comparison group, or (2) other industry considerations strongly suggest
that the anchor size standard would be an unreasonably high size
standard for the industry.
If the specific industry's characteristics are significantly higher
than those of the anchor comparison group, a size standard higher than
the anchor size standard may be appropriate. The larger the differences
are between the characteristics of the industry under review and those
in the anchor comparison group, the larger will be the difference
between the appropriate industry size standard and the anchor size
standard. To determine a size standard above the anchor size standard,
SBA analyzes the characteristics of a second comparison group. For
industries with receipts based size standards, including those in NAICS
Sector 48-49 that are reviewed in this proposed rule, this second
comparison group consists of industries with the highest receipts based
size standards that range from $23 million to $35.5 million in average
receipts, with the weighted average being $29 million. SBA refers to
this comparison group as
[[Page 27938]]
the ``higher level receipts based size standard group.''
The primary factors that SBA evaluates when analyzing the
structural characteristics of an industry include average firm size,
startup costs and entry barriers, industry competition and distribution
of firms by size. SBA also evaluates, as an additional primary factor,
the possible impact that revising size standards might have on Federal
contracting assistance to small businesses. These are, generally, the
five most important factors SBA examines when establishing or revising
a size standard for an industry. However, SBA will also consider and
evaluate other information that it believes is relevant to a particular
industry (such as technological changes, growth trends, SBA financial
assistance and other program factors, etc.). SBA also considers
possible impacts of size standard revisions on eligibility for Federal
small business assistance, current economic conditions, the
Administration's policies, and suggestions from industry groups and
Federal agencies. Public comments on a proposed rule also provide
important additional information. SBA thoroughly reviews all public
comments before making a final decision on its proposed size standard.
Below are brief descriptions of each of the five primary factors that
SBA has evaluated in each industry in NAICS Sector 48-49 being reviewed
in this proposed rule. A more detailed description of this analysis is
provided in the SBA ``Size Standards Methodology,'' available at https://www.sba.gov/size.
1. Average firm size. SBA computes two measures of average firm
size: simple average and weighted average. For industries with receipts
based size standards the simple average is the total receipts of the
industry divided by the total number of firms in the industry. The
weighted average firm size is the sum of weighted simple averages in
different receipts size classes, where weights are the shares of total
industry receipts for respective size classes. The simple average
weighs all firms within an industry equally regardless of their size.
The weighted average overcomes that limitation by giving more weight to
larger firms.
If the average firm size of an industry under review is
significantly higher than the average firm size of industries in the
anchor comparison industry group, this will generally support a size
standard higher than the anchor size standard. Conversely, if the
industry's average firm size is similar to or significantly lower than
that of the anchor comparison industry group, it will be a basis to
adopt the anchor size standard or, in rare cases, a standard lower than
the anchor.
2. Startup costs and entry barriers. Startup costs reflect a firm's
initial size in an industry. New entrants to an industry must have
sufficient capital and other assets to start and maintain a viable
business. If new firms entering a particular industry have greater
capital requirements than firms in industries in the anchor comparison
group, this can be a basis for establishing a size standard higher than
the anchor standard. In lieu of data on actual startup costs, SBA uses
average assets size as a proxy measure to assess the levels of capital
requirements for new entrants to an industry.
To calculate average assets size, SBA begins with the sales to
total assets ratio for an industry from the Risk Management
Association's Annual Statement Studies. SBA then applies these ratios
to the average receipts size of firms in that industry. An industry
with a significantly higher level of average assets than that of the
anchor comparison group is likely to have higher startup costs; this in
turn will support a size standard higher than the anchor. Conversely,
if the industry has a significantly smaller average assets size
compared to the anchor comparison group, the anchor size standard or,
in rare cases, one lower than the anchor, may be appropriate.
3. Industry competition. Industry competition is generally measured
by the share of total industry receipts generated by the largest firms
in an industry. SBA generally evaluates the share of industry receipts
generated by the four largest firms in each industry. This is referred
to as the ``four-firm concentration ratio,'' a commonly used economic
measure of market competition. SBA compares the four-firmconcentration
ratio for an industry under review to the average four-firm
concentration ratio for industries in the anchor comparison group. If a
significant share of economic activity within the industry is
concentrated among a few relatively large companies, all else being
equal, SBA will establish a size standard higher than the anchor size
standard. SBA does not consider the four-firm concentration ratio as an
important factor in assessing a size standard if its value for an
industry under review is less than 40 percent. For industries in which
the four-firm concentration ratio is 40 percent or more, SBA examines
the average size of the four largest firms in determining a size
standard.
4. Distribution of firms by size. SBA examines the shares of
industry total receipts accounted for by firms of different receipts
and employment size classes in an industry. This is an additional
factor that SBA evaluates in assessing competition within an industry.
If most of an industry's economic activity is attributable to smaller
firms, this indicates that small businesses are competitive in that
industry. This supports adopting the anchor size standard. If most of
an industry's economic activity is attributable to larger firms, this
indicates that small businesses are not competitive in that industry.
This will support adopting a size standard above the anchor.
Concentration among firms is a measure of inequality of
distribution. To evaluate the degree of inequality of distribution
within an industry, SBA computes the Gini coefficient by constructing
the Lorenz curve. The Lorenz curve presents the cumulative percentages
of units (firms) in the horizontal axis and the cumulative percentages
of receipts (or other measures of size) in the vertical axis. (For
further detail, please refer to SBA's ``Size Standards Methodology'' on
the SBA's Web site at https://www.sba.gov/size.) Gini coefficient values
vary from zero to one. If receipts are distributed equally among all
the firms in an industry, the value of the Gini coefficient will equal
zero. If an industry's total receipts are attributed to a single firm,
the Gini coefficient will equal one.
SBA compares the Gini coefficient value for an industry under
review with that for industries in the anchor comparison group. If an
industry shows a higher Gini coefficient value than industries in the
anchor comparison industry group this may, all else being equal,
warrant a higher size standard than the anchor. Conversely, if an
industry shows a similar or lower Gini coefficient than industries in
the anchor group, the anchor standard, or in some cases a standard
lower than the anchor, may be adopted.
5. Impact on Federal contracting and SBA loan programs. SBA
examines the possible impact a size standard change may have on Federal
small business assistance. This most often focuses on the share of
Federal contracting dollars awarded to small businesses in the industry
in question. In general, if the small business share of Federal
contracting in an industry with significant Federal contracting is
appreciably less than the small business share of the industry's total
receipts, there is justification for considering a size standard higher
than the existing size standard. The disparity between the
[[Page 27939]]
small business Federal market share and industry-wide share may have a
variety of causes, such as extensive administrative and compliance
requirements associated with Federal contracts, the different skill set
required on Federal contracts as compared to typical commercial
contracting work, and the size of contracting requirements of Federal
customers. These, as well as other factors, are likely to influence the
type of firms within an industry that compete for Federal contracts. By
comparing the small business Federal contracting share with the
industry-wide small business share, SBA includes in its size standards
analysis the latest Federal contracting trends. This analysis may
indicate a size standard larger than the current standard.
SBA considers Federal procurement trends in the size standards
analysis only if (1) the small business share of Federal contracting
dollars is at least 10 percent lower than the small business share of
total industry receipts, and (2) the amount of total Federal
contracting averages $100 million or more during the latest three
fiscal years. These thresholds reflect a significant level of
contracting in which a revision to a size standard may have an impact
on expanding small business opportunities.
Besides the impact on small business Federal contracting, SBA also
evaluates the influence of a proposed size standard on SBA's loan
programs. To do this, SBA examines the volume of SBA guaranteed loans
within an industry and the size of firms obtaining those loans. This
allows SBA to assess whether the existing or the proposed size standard
for a particular industry may restrict the level of financial
assistance to small firms. If the analysis shows that the current size
standards reduce financial assistance to small businesses, higher size
standards are supportable. However, if small businesses have been
receiving significant amounts of financial assistance through SBA's
loan programs, or if the financial assistance has been provided mainly
to businesses that are much smaller than the existing size standard,
consideration of this factor for determining the size standard may not
be necessary.
Sources of Industry and Program Data
SBA's primary source of industry data used in this proposed rule is
a special tabulation of the 2007 County Business Patterns (see https://www.census.gov/econ/cbp/) and data from the 2007 Economic Census (see
https://www.census.gov/econ/census07/) prepared by the U.S. Bureau of
the Census (Census Bureau) for SBA. The Census tabulation provided SBA
with industry-specific data on the number of firms, number of
establishments and number of employees for companies by the size of
firm based on the 2007 County Business Patterns and estimated annual
payroll and estimated annual receipts of companies by the size of firm
based on the 2007 Census. The data reflects the size class of the total
company; however, the data itself, within a particular size class,
represents the company's total data for a specific industry only. The
special tabulation enables SBA to evaluate average firm size, the four-
firm concentration ratio and distribution of firms by receipts and
employment size.
In some cases, where Census data were not available due to
disclosure prohibitions in the Census Bureau's tabulation, SBA either
estimated missing values using available relevant data or examined data
at a higher level of industry aggregation, such as at the NAICS 2-digit
(Sector), 3-digit (Subsector) or 4-digit (Industry Group) level. In
some instances, SBA had to base its analysis only on those factors for
which data were available or estimates of missing values were possible.
Furthermore, the data are not available below the 6-digit NAICS
Industry level and hence do not provide economic characteristics for
sub-industry activities (``exceptions'' in SBA's table of size
standards).
Thus, when establishing, reviewing, or modifying size standards at
the sub-industry levels (``exceptions'') with significant Federal
contracting (i.e., $100 million or more in Federal contract dollars
annually), SBA evaluates data from FPDS-NG and the Central Contractor
Registration (CCR) using a two-step procedure. First, using FPDS-NG SBA
identifies product service codes (PSCs) that correspond to specific
activities or ``exceptions.'' SBA then identifies firms that are active
in Federal contracting involving those PSCs. Then, SBA evaluates for
those firms revenue and employment data from CCR and FPDS-NG.
Data sources and estimation procedures SBA uses in its size
standards analysis are documented in detail in the ``SBA Size Standards
Methodology'' White Paper, which is available at https://www.sba.gov/size.
To calculate average assets SBA used sales to total assets ratios
from the Risk Management Association's Annual Statement Studies, 2007-
2009.
To evaluate Federal contracting trends, SBA examined data
representing Federal contract awards for fiscal years 2007-2009. The
data are available from the U.S. General Service Administration's
Federal Procurement Data System--Next Generation (FPDS-NG).
To assess the impact on financial assistance to small businesses
SBA examined data on its own guaranteed loan programs for fiscal years
2008-2010.
Dominance in Field of Operation
Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) requires
a small business concern to be one that is (1) independently owned and
operated, and (2) not dominant in its field of operation. SBA
establishes size standards for the various industries at levels that
would ensure that no firm qualifying as ``small'' would be dominant in
its field of operation. For this, SBA generally examines the industry's
market share of firms at the proposed standard. Market share and other
factors may indicate whether a firm can exercise a major controlling
influence on a national basis in an industry where a significant number
of business concerns are engaged. If a contemplated size standard would
include a dominant firm, SBA would consider a lower size standard to
exclude the dominant firm from being defined as small.
Selection of Size Standards
To simplify size standards, for the ongoing comprehensive review of
receipts based size standards, SBA has proposed to select size
standards for industries from a limited number of levels. For many
years, SBA has been concerned about the complexity of determining small
business status caused by a large number of varying receipts based size
standards (see 69 FR 13130 (March 4, 2004) and 57 FR 62515 (December
31, 1992)). Currently, there are 31 different levels of receipts based
size standards. They range from $0.75 million to $35.5 million, and
many of them apply to one or only a few industries. SBA believes that
size standards with such a large number of small variations among them
are both unnecessary and difficult to justify analytically. To simplify
managing and using size standards, SBA proposes that there be fewer
size standard levels. This will produce more common size standards for
businesses operating in related industries. This will also result in
greater consistency among the size standards for industries that have
similar economic characteristics.
The SBA proposes, therefore, to apply one of eight receipts based
size standards to each industry in Sector 48-49 that has a receipts
based standard. In this proposed rule, SBA has not
[[Page 27940]]
reviewed the 15 employee based size standards in NAICS Sector 48-49.
Those employee based size standards will remain in effect until SBA
reviews industries that have employee based size standards. The eight
``fixed'' receipts based size standard levels are $5 million, $7
million, $10 million, $14 million, $19 million, $25.5 million, $30.0
million, and $35.5 million. To establish these eight receipts based
size standard levels SBA considered the current minimum, the current
maximum, and the most commonly used current receipts based size
standards. Currently, the most commonly used receipts based size
standards cluster around the following--$2.5 million to $4.5 million,
$7 million, $9.0 million to $10 million, $12.5 million to $14.0
million, $25.0 million to $25.5 million, and $33.5 million to $35.5
million. SBA selected $7 million as one of eight fixed levels of
receipts based size standards because it is also an anchor standard for
receipts based standards. The lowest or minimum receipts based size
level will be $5 million. Other than the standards for agriculture
(which are statutory) and those based on commissions (such as real
estate brokers and travel agents), $5 million will include those
industries with the currently lowest receipts based standards, which
range from $2.0 million to $4.5 million. Among the higher level size
clusters, SBA has set four fixed levels, namely $10 million, $14
million, $25.5 million, and $35.5 million. Because there are large
intervals between the two of the fixed levels, SBA also established two
intermediate levels, namely $19 million between $14 million and $25.5
million, and $30 million between $25.5 million and $35.5 million. These
two intermediate size levels reflect roughly similar proportional
differences between the two successive size standard levels.
To simplify size standards further, SBA may propose a common size
standard for closely related industries. Although the size standard
analysis may support a specific size standard level for each industry,
SBA believes that establishing different size standards for closely
related industries may not be appropriate. For example, in cases where
many of the same businesses operate in the same multiple industries,
establishing a common size standard for those industries might better
reflect the Federal marketplace. This might also make size standards
among related industries more consistent than establishing separate
size standards for each of those industries. This led SBA to establish
a common size standard for the information technology (IT) services
industries (NAICS 541511, NAICS 541112, NAICS 541513, and NAICS
541519), even though the industry data might support a distinct size
standard for each industry (57 FR 27906 (June 23, 1992)). Within NAICS
Sector 48-49, several industries currently have common size standards,
some at the 3-digit NAICS (Subsector) level and others at 4-digit NAICS
(Industry Group) level. In this rule, SBA proposes to retain the common
size standards for those industries even if the data may support
separate size standards for individual industries. Whenever SBA
proposes a common size standard for closely related industries it will
provide a justification for that in the proposed rule.
Evaluation of Industry Structure
SBA evaluated the structure of 42 industries and one sub-industry
(``exception'') in NAICS Sector 48-49, Transportation and Warehousing,
to assess the appropriateness of the current receipts based size
standards. As described above, SBA compared data on the economic
characteristics of each industry to the average characteristics of
industries in two comparison groups. The first comparison group
consists of all industries with $7.0 million size standards and is
referred to as the ``receipts based anchor comparison group.'' Because
the goal of SBA's size standards review is to assess whether a specific
industry's size standard should be the same as or different from the
anchor size standard, this is the most logical group of industries to
analyze. In addition, this group includes a sufficient number of firms
to provide a meaningful assessment and comparison of industry
characteristics.
If the characteristics of an industry under review are similar to
the average characteristics of industries in the anchor comparison
group, the anchor size standard is generally considered appropriate for
that industry. If an industry's structure is significantly different
from the others in the anchor group, a size standard lower or higher
than the anchor size standard might be selected. The level of the new
size standard is determined based on the difference between the
characteristics of the anchor comparison group and a second industry
comparison group. As described above, the second comparison group for
receipts based standards consists of industries with the highest
receipts based size standards, ranging from $23 million to $35.5
million. The average size standard for this group is $29 million. SBA
refers to this group of industries as the ``higher level receipts based
size standard comparison group.'' SBA determines differences in
industry structure between an industry under review and the industries
in the two comparison groups by comparing data on each of the industry
factors, including average firm size, average assets size, the four-
firm concentration ratio, and the Gini coefficient of distribution of
firms by size. Table 1 shows two measures of the average firm size
(simple and weighted), average assets size, the four-firm concentration
ratio, average receipts of the four largest firms, and the Gini
coefficient for both anchor level and higher level comparison groups
for receipts based size standards.
Table 1--Average Characteristics of Receipts Based Comparison Groups
--------------------------------------------------------------------------------------------------------------------------------------------------------
Avg. firm size ($ million) Avg. receipts
-------------------------------- Avg. assets Four[dash]firm of four
Receipts based comparison group size ($ concentration largest firms Gini
Simple average Weighted million) ratio (%) ($ million) coefficient
average \a\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Anchor Level............................................ 1.55 28.91 0.94 18.4 249.3 0.740
Higher Level............................................ 6.22 97.10 2.85 27.0 1,773.5 0.826
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ To be used for industries with a four-firm concentration ratio of 40% or greater.
[[Page 27941]]
Derivation of Size Standards Based on Industry Factors
For each industry factor in Table 1, SBA derives a separate size
standard based on the differences between the values for an industry
under review and the values for the two comparison groups. If the
industry value for a particular factor is near the corresponding factor
for the anchor comparison group, SBA will consider the $7.0 million
anchor size standard appropriate for that factor.
An industry factor with a value significantly above or below the
anchor comparison group will generally warrant a size standard above or
below the $7.0 million anchor. The level of the new size standard in
these cases is based on the proportional difference between the
industry value and the values for the two comparison groups.
For example, an industry's simple average receipts of $4.0 million
supports a $19 million size standard. The $4.0 million level is at the
52.5 percent point between the average firm size of $1.55 million for
the anchor comparison group and $6.22 million for the higher level
comparison group (($4.00 million - $1.55 million) / ($6.22 million -
$1.55 million) = 0.525 or 52.5%). This proportional difference is
applied to the difference between the $7.0 million anchor size standard
and the average size standard of $29 million for the higher level size
standard group and then added to $7.0 million to estimate a size
standard of $18.52 million ([{$29.0 million - $7.0 million{time} *
0.525] + $7.0 million = $18.52 million). The final step is to round the
estimated size standard of $18.52 million to the nearest fixed size
standard level, which in this example is $19 million.
SBA applies the above calculation to derive a size standard for
each industry factor. Detailed formulas involved in these calculations
are presented in ``SBA Size Standards Methodology'' which is available
on its Web site at www.sba.gov/size. (However, it should be noted that
figures in the ``Size Standards Methodology'' White Paper are based on
2002 Economic Census data and are different from those presented in
this proposed rule). Table 2 (below) shows ranges of values for each
industry factor and the levels of size standards supported by those
values.
Table 2--Values of Industry Factors and Supported Size Standards
----------------------------------------------------------------------------------------------------------------
Or if avg.
Or if weighted Or if avg. receipts of Then size
If simple avg. receipts avg. receipts assets size ($ largest four Or if Gini standard is ($
size ($ million) size ($ million) firms ($ coefficient million)
million) million)
----------------------------------------------------------------------------------------------------------------
< 1.34...................... < 25.81........ < 0.85......... < 180.0........ < 0.736........ 5.0
1.34 to 1.87................ 25.81 to 33.56. 0.85 to 1.07... 180.0 to 353.2. 0.736 to 0.746. 7.0
1.88 to 2.61................ 33.57 to 44.41. 1.08 to 1.37... 353.3 to 595.7. 0.747 to 0.759. 10.0
2.62 to 3.57................ 44.42 to 58.35. 1.38 to 1.76... 595.8 to 907.5. 0.760 to 0.777. 14.0
3.58 to 4.79................ 58.36 to 76.18. 1.77 to 2.26... 907.6 to 0.778 to 0.799. 19.0
1,305.8.
4.80 to 5.96................ 76.19 to 93.22. 2.27 to 2.74... 1,305.9 to 0.800 to 0.821. 25.5
1,686.9.
5.97 to 7.02................ 93.23 to 108.72 2.75 to 3.17... 1,687.0 to 0.822 to 0.840. 30.0
2,033.2.
> 7.02...................... > 108.72....... > 3.17......... > 2,033.2...... > 0.840........ 35.5
----------------------------------------------------------------------------------------------------------------
Derivation of Size Standard Based on Federal Contracting Factor
Besides industry structure, SBA evaluates Federal contracting data
to assess, under current size standards, the extent to which small
businesses are successful in getting Federal contracts. However, the
available data on Federal contracting only identify businesses as small
or other than small, and do not provide the exact size of the
businesses receiving Federal contracts; this hinders SBA's attempts to
conduct more precise analyses.
Given the above limitation of Federal contracting data, for the
current comprehensive size standards review, SBA has decided to
designate a size standard at one level higher than their current size
standard for industries where the small business share of total Federal
contracting dollars is between 10 and 30 percentage points lower than
their shares in total industry receipts and at two levels higher than
the current size standard if the difference is more than 30 percentage
points.
Given the limitations of the FPDS data and the complex
relationships among a number of variables affecting small business
participation in the Federal marketplace, SBA has chosen not to
designate a size standard for the Federal contracting factor alone that
is higher than two levels above the current size standard. SBA believes
that a larger adjustment to size standards based on Federal contracting
activity should be based on a more detailed analysis of the impact of
any subsequent revision to the current size standard. In limited
situations, however, SBA may conduct a more extensive examination of
Federal contracting experience. This enables SBA to support a different
size standard than indicated by this general rule and take into
consideration significant and unique aspects of small business
competitiveness in the Federal contract market. SBA welcomes comments
on its methodology of incorporating the Federal contracting factor in
the size standard analysis and suggestions for alternative methods and
other relevant information on small business experience in the Federal
contract market.
Of the 42 industries reviewed in this proposed rule, 9 industries
averaged $100 million or more annually in Federal contracting during
fiscal years 2007-2009. The Federal contracting factor was significant
(i.e., the difference between the small business share of total
industry receipts and small business share of Federal contracting
dollars was 10 percentage points or more) in four of those nine
industries and a separate size standard was derived for that factor for
each of them. Because the small business share of total Federal
contracting dollars was already higher than the small business share of
total industry receipts for the other five industries, the Federal
procurement factor was not considered in determining the level of size
standard for them. Thus, the latest data show that Federal contracting
activity is insignificant for most of the industries in NAICS Sector
48-49 and, for the majority of those industries where it is
significant, small businesses seem to be doing well in terms of their
share in Federal marketplace relative to their share of industry's
total sales.
New Size Standards Based on Industry and Federal Contracting Factors
Table 3 shows the results of analyses of industry and Federal
contracting factors for each industry covered by this proposed rule.
Many of the NAICS
[[Page 27942]]
industries in columns 2, 3, 4, 6, 7, and 8 show two numbers. The upper
number is the value for the industry or Federal contracting factor
shown on the top of the column and the lower number is the size
standard supported by that factor. For the four-firm concentration
ratio, SBA estimates a size standard if its value is 40 percent or
more. If the four-firm concentration ratio for an industry is less than
40 percent, there is no estimated size standard for that factor. If the
four-firm concentration ratio is more than 40 percent, SBA indicates in
column 6 the average size of the industry's top four firms together
with a size standard based on that average. Column 9 shows a calculated
new size standard for each industry. This is the average of the size
standards supported by each factor and rounded to the nearest fixed
size level. Analytical details involved in the averaging procedure are
described in the SBA ``Size Standard Methodology.'' For comparison with
the new standards, the current size standards are in column 10 of Table
3.
Table 3--Size Standards Supported by Each Industry Factor
[Millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Simple Weighted Four-firm Federal Calculated Current
NAICS average average Average Four-firm average Gini contract new size size
firm size firm size assets size ratio (%) size coefficient factor (%) standard standard
--------------------------------------------------------------------------------------------------------------------------------------------------------
481219, Other Non[dash]Scheduled $2.9 $31.4 $2.1 33.7 $115.9 0.793 ........... $14.0 $7.0
Air Transportation................ 14.0 7.0 19.0 $19.0
484110, General Freight Trucking-- 1.0 7.8 0.3 ........... ........... 0.694 ........... 5.0 25.5
Local............................. 5.0 5.0 5.0 $5.0
484121, General Freight, Trucking, 3.0 64.7 1.1 13.0 2,761.9 0.857 -37.1 25.5 25.5
Long[dash]Distance, Truckload..... 14.0 19.0 10.0 $35.5 $35.5
484122, General Freight, Trucking, 10.8 335.7 4.2 51.2 4,670.3 0.939 ........... 35.5 25.5
Long[dash]Distance, Less Than 35.5 35.5 $35.5 35.5 35.5
Truckload.........................
484210, Used Household and Office 2.0 70.5 0.7 27.6 1,059.8 0.799 ........... 14.0 25.5
Goods Moving...................... 10.0 19.0 5.0 $19.0
484220, Specialized Freight (except 1.0 7.7 0.4 3.3 257.9 0.669 ........... 5.0 25.5
Used Goods) Trucking, Local....... 5.0 5.0 5.0 $5.0
484230, Specialized Freight (except 2.7 28.8 1.1 8.0 541.3 0.811 -29.1 19.0 25.5
Used Goods) Trucking, 14.0 7.0 10.0 $25.5 $30.0
Long[dash]Distance................
485111, Mixed Mode Transit Systems. 2.4 22.7 ........... 65.6 21.3 0.739 ........... 7.0 7.0
10.0 5.0 5.0 $7.0
485112, Commuter Rail Systems...... 6.1 17.4 ........... 83.2 21.7 0.644 ........... 10.0 7.0
30.0 5.0 5.0 $5.0
485113, Bus and Other Motor Vehicle 5.5 86.1 ........... 46.3 306.0 0.877 ........... 25.5 7.0
Transit Systems................... 25.5 25.5 7.0 $35.5
485119, Other Urban Transit Systems 6.8 78.8 ........... 86.6 63.3 0.884 ........... 25.5 7.0
30.0 25.5 5.0 $35.5
485210, Interurban and Rural Bus 7.1 131.3 ........... 60.2 249.3 0.873 ........... 25.5 7.0
Transportation.................... 35.5 35.5 7.0 $35.5
485310, Taxi Service............... 0.7 16.2 0.3 ........... ........... 0.704 ........... 5.0 7.0
5.0 5.0 5.0 $5.0
485320, Limousine Service.......... 0.9 17.7 0.4 14.3 138.3 0.698 ........... 5.0 7.0
5.0 5.0 5.0 $5.0
485410, School and Employee Bus 3.3 338.8 2.0 ........... ........... 0.880 ........... 25.5 7.0
Transportation.................... 14.0 35.5 19.0 $35.5
485510, Charter Bus Industry....... 1.9 12.1 1.4 15.0 82.5 0.657 ........... 7.0 7.0
10.0 5.0 10.0 $5.0
485991, Special Needs 1.3 11.1 ........... ........... ........... 0.698 ........... 5.0 7.0
Transportation.................... 5.0 5.0 $5.0
485999, All Other Transit and 1.0 9.1 0.4 15.9 42.9 0.686 ........... 5.0 7.0
Ground Passenger Transportation... 5.0 5.0 5.0 $5.0
486210, Pipeline Transportation of 165.1 406.7 ........... 46.9 2,438.7 0.601 ........... 25.5 7.0
Natural Gas....................... 35.5 35.5 35.5 $5.0
486990, All Other Pipeline 39.7 56.0 ........... 77.5 207.5 0.305 ........... 14.0 34.5
Transportation.................... 35.5 14.0 7.0 $5.0
[[Page 27943]]
487110, Scenic and Sightseeing 1.4 17.5 0.8 ........... ........... 0.719 ........... 5.0 7.0
Transportation, Land.............. 7.0 5.0 5.0 $5.0
487210, Scenic and Sightseeing 0.8 11.5 0.5 ........... ........... 0.638 ........... 5.0 7.0
Transportation, Water............. 5.0 5.0 5.0 $5.0
487990, Scenic and Sightseeing 2.0 30.4 ........... ........... ........... 0.784 ........... 14.0 7.0
Transportation, Other............. 10.0 7.0 $19.0
488111, Air Traffic Control........ 9.7 49.8 ........... 94.2 59.5 0.741 ........... 14.0 7.0
35.5 14.0 5.0 $7.0
488119, Other Airport Operations... 5.3 42.3 2.7 30.2 389.7 0.822 ........... 25.5 7.0
25.5 10.0 25.5 $30.0
488190, Other Support Activities 4.7 78.7 2.2 ........... ........... 0.869 -9.8 25.5 7.0
for Air Transportation............ 19.0 25.5 19.0 $35.5
488210, Support Activities for Rail 6.3 28.3 ........... 20.0 166.8 0.739 ........... 14.0 7.0
Transportation.................... 30.0 7.0 $7.0
488310, Port and Harbor Operations. 8.1 27.1 ........... ........... ........... 0.698 ........... 14.0 25.5
35.5 7.0 $5.0
488320, Marine Cargo Handling...... 30.4 189.6 20.2 ........... ........... 0.824 ........... 35.5 25.5
35.5 35.5 35.5 $30.0
488330, Navigational Services to 4.1 39.0 3.4 20.3 151.7 0.818 12.1 25.5 7.0
Shipping.......................... 19.0 10.0 35.5 $25.5
488390, Other Support Activities 2.7 21.2 2.0 22.7 97.5 0.793 -10.2 14.0 7.0
for Water Transportation.......... 14.0 5.0 19.0 $19.0 $10.0
488410, Motor Vehicle Towing....... 0.6 7.7 0.2 ........... ........... 0.499 ........... 5.0 7.0
5.0 5.0 5.0 $5.0
488490, Other Support Activities 1.7 15.1 0.7 23.3 128.8 0.770 ........... 10.0 7.0
for Road Transportation........... 7.0 5.0 5.0 $14.0
488510, Freight Transportation 3.2 41.7 0.7 8.8 905.5 0.793 ........... 14.0 7.0
Arrangement....................... 14.0 10.0 5.0 $19.0
Except Non-Vessel Owning Common ........... ........... ........... ........... ........... ........... ........... ........... 25.5
Carriers and Household Goods
Forwarders........................
488991, Packing and Crating........ 2.0 24.9 0.7 30.1 199.3 0.796 ........... 10.0 25.5
10.0 5.0 5.0 $19.0
488999, All Other Support 0.7 4.8 0.3 52.0 2,105.0 0.679 -21.0 7.0 7.0
Activities for Transportation..... 5.0 5.0 5.0 $5.0 $10.0
491110, Postal Service............. ........... ........... ........... ........... ........... ........... ........... ........... 7.0
492210, Local Messengers and Local 1.0 12.5 ........... 12.2 126.5 0.699 ........... 5.0 25.5
Delivery.......................... 5.0 5.0 $5.0
493110, General Warehousing and 5.4 14.4 4.0 33.3 2,265.5 0.626 7.8 19.0 25.5
Storage........................... 25.5 5.0 35.5 $5.0
493120, Refrigerated Warehousing 5.8 15.9 6.2 30.7 307.3 0.627 -24.3 19.0 25.5
and Storage....................... 25.5 5.0 35.5 $5.0 $30.0
493130, Farm Product Warehousing 3.6 7.3 1.7 ........... ........... 0.505 ........... 10.0 25.5
and Storage....................... 19.0 5.0 14.0 5.0$
493190, Other Warehousing and 5.0 10.7 3.2 30.7 554.8 0.554 6.4 19.0 25.5
Storage........................... 25.5 5.0 35.5 $5.0
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Common Size Standards
When many of the same businesses operate in the same multiple
industries, SBA believes that a common size standard is more
appropriate than separate standards for these industries even if the
industry and relevant program data would support different size
standards. Within NAICS Sector 48-49, several industries currently have
common size standards, some at the 3-digit NAICS (Subsector) level and
others at 4-digit NAICS (Industry Group) level. For example, all
industries within NAICS Subsector 484 (Truck Transportation) and those
in NAICS Subsector 485 (Transit and Ground Transportation) have the
common size standards of $25.5 million and $7.0 million, respectively.
Similarly, industries within NAICS Subsector 487 (Scenic and Sight
Seeing Transportation), NAICS Industry Group
[[Page 27944]]
4881 (Support Activities for Air Transportation), NAICS Industry Group
4884 (Support Activities for Road Transportation), and NAICS Industry
Group 493 (Warehousing and Storage) have the common size standards.
On May 2, 2006, SBA proposed to increase the size standards for
NAICS 488111 (Air Traffic Control), NAICS 488119 (Other Airport
Operations), and NAICS 488190 (Other Support Activities for Air
Transportation) from $6.5 million to $21 million in average annual
receipts. Given that many firms operate in each of these three
industries, SBA proposed establishing a common $21 million size
standard for this Industry Group (see 71 FR 28604). For the same
reason, also in this rule, SBA has proposed a common size standard for
all three industries for this NAICS Industry Group.
Besides the above industries, because of similarities among
industries within NAICS Industry Group 4883 (Support Activities for
Water Transportation), in this rule, SBA also proposes a common size
standard for that Industry Group. Table 4 (below) shows these
Subsectors and Industry Groups, along with the 6-digit NAICS industries
under them. SBA evaluated industry and Federal contracting factors and
derived a common size standard for each Subsector and each Industry
Group using the same method as described above. These results are
provided in Table 5 (immediately following Table 5).
Table 4--Subsectors and Industry Groups for Common Size Standards
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Subsector/industry group: NAICS
codes Subsector/industry group title Industries: 6-digit NAICS codes
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484.............................. Truck Transportation.......... 484110, 484121, 484122, 484210, 484220,
484230.
485.............................. Transit and Ground Passenger 485111, 485112, 485113, 485119, 485210,
Transportation. 485310, 485320, 485410, 485510, 485991,
485999.
487.............................. Scenic and Sightseeing 487110, 487210, 487990.
Transportation.
4881............................. Support Activities for Air 488111, 488119, 488190.
Transportation.
4883............................. Support Activities for Water 488310, 488320, 48830, 488390.
Transportation.
4884............................. Support Activities for Road 488410, 488490.
Transportation.
493.............................. Warehousing and Storage....... 493110, 493120, 493130, 493190.
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Table 5--Size Standards Supported by Each Factor for Each Subsector and Each Industry Group
[Millions of dollars]
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(1)