Small Business Size Standards: Support Activities for Mining, 37404-37408 [2013-14712]
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SMALL BUSINESS SIZE STANDARDS BY NAICS INDUSTRY
Size standards
in millions of
dollars
NAICS code
NAICS U.S. industry title
*
112112 ..............
*
*
*
*
Cattle Feedlots .................................................................................................................
*
*
112310 ..............
*
*
*
*
Chicken Egg Production ..................................................................................................
*
*
113110 ..............
113210 ..............
*
*
*
*
Timber Tract Operations ..................................................................................................
Forest Nurseries and Gathering of Forest Products .......................................................
*
*
..............
..............
..............
..............
*
*
*
*
Finfish Fishing ..................................................................................................................
Shellfish Fishing ...............................................................................................................
Other Marine Fishing .......................................................................................................
Hunting and Trapping ......................................................................................................
*
*
115111 ..............
*
*
*
*
Cotton Ginning .................................................................................................................
*
*
115114 ..............
115115 ..............
*
*
*
*
Postharvest Crop Activities (except Cotton Ginning) ......................................................
Farm Labor Contractors and Crew Leaders ....................................................................
*
114111
114112
114119
114210
*
*
*
Dated: June 13, 2013.
Karen G. Mills,
Administrator.
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
13 CFR Part 121
RIN 3245–AG44
Small Business Size Standards:
Support Activities for Mining
U.S. Small Business
Administration.
ACTION: Final rule.
The United States Small
Business Administration (SBA) is
increasing the small business size
standards for three of the four industries
in North American Industry
Classification System (NAICS)
Subsector 213, Support Activities for
Mining, that are based on average
annual receipts. As part of its ongoing
comprehensive size standards review,
SBA evaluated the four receipts based
standards in NAICs Subsector 213 under
NAICS Sector 21, Mining, Quarrying,
and Oil and Gas Extraction, to
determine whether the current size
standards should be retained or revised.
Within NAICS Sector 21, only NAICS
Subsector 213 has receipts based size
standards. The rest of the industries in
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Carl
Jordan, Program Analyst, Office of Size
Standards, by phone at (202) 205–6618
or by email at sizestandards@sba.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Introduction
AGENCY:
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*
that Sector have employee based size
standards which SBA will review in the
near future with other employee based
size standards.
DATES: This rule is effective July 22,
2013.
[FR Doc. 2013–14711 Filed 6–19–13; 8:45 am]
SUMMARY:
*
In an effort to eliminate possible
public confusion, SBA would like to
explain the changes made to the title of
this rule. When SBA initially
announced in the Fall 2012 Unified
Agenda of Federal Regulatory and
Deregulatory Actions, 78 FR 1636 at
1639 (January 8, 2013) (Item #390) that
it intended to propose this rule, it was
titled ‘‘Small Business Size Standards:
Mining, Quarrying, and Oil and Gas
Extraction’’ under Regulatory
Information Number (RIN) 3245–AG44.
This title was based on the one for
Sector 21 of the Small Business Size
Standards by NAICS Industry. However,
SBA later concluded that this title was
a misnomer since this rule only covers
the four revenue based size standards
under Subsector 213, Support Activities
for Mining and not the entire Sector 21.
The rest of the size standards in NAICS
Sector 21 are employee-based size
standards and will be addressed in a
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Size standards
in number of
employees
$7.0
$14.0
*
............................
$10.0
$10.0
*
............................
............................
$19.0
$5.0
$7.0
$5.0
*
............................
............................
............................
............................
$10.0
*
............................
$25.5
$14.0
*
*
............................
*
............................
............................
*
separate rule. As a result, the title of the
proposed rule was clarified to read:
‘‘Small Business Size Standards:
Support Activities for Mining.’’ 77 FR
72766 (December 6, 2012). We believed
that this title change would make it
easier for affected parties to recognize
the rule when it was published,
understand the scope of its coverage,
and also engender more public
comment and involvement.
To determine eligibility for Federal
small business assistance programs,
SBA establishes small business size
definitions (referred to as size
standards) for private sector industries
in the United States. SBA’s current size
standards use two primary measures of
business size—average annual receipts
and average number of employees.
Financial assets, electric output and
refining capacity are used as size
measures for a few specialized
industries. In addition, SBA’s Small
Business Investment Company (SBIC),
7(a), and the Certified Development
Company (CDC or 504) Loan Programs
determine small business eligibility
using either the industry based size
standards or alternative net worth and
net income based size standards. At the
start of the current comprehensive size
standards review, there were 41
different size levels, covering 1,141
NAICS industries and 18 sub-industry
activities (i.e., ‘‘exceptions’’ in SBA’s
table of size standards). Of these, 31
were based on average annual receipts,
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seven based on number of employees,
and three based on other measures.
Presently, there are a total of 1,031 size
standards, 516 of which are based on
average annual receipts, 499 on number
of employees, 10 on megawatt hours,
and six on average assets.
Over the years, SBA has received
comments that its size standards have
not kept up with changes in the
economy, in particular the changes in
the Federal contracting marketplace and
industry structure. The last
comprehensive review of size standards
occurred during the late 1970s and early
1980s. Since then, most reviews of size
standards were limited to a few 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 latest inflation
adjustment to size standards was
published in the Federal Register on
July 18, 2008 (73 FR 41237).
SBA recognizes that changes in
industry structure and the Federal
marketplace since the last
comprehensive size standards review
have rendered existing size standards
for some industries no longer
supportable by current data.
Accordingly, in 2007, SBA began a
comprehensive review of its size
standards to determine whether existing
size standards have supportable bases
relative to the current data, and to revise
them, where 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
review all size standards no 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 is reviewing a group
of related industries on a Sector by
Sector basis.
As part of SBA’s comprehensive size
standards review, the Agency evaluated
the four industries with receipts based
size standards in NAICS Subsector 213,
Support Activities for Mining within
NAICS Sector 23, to determine whether
their existing size standards should be
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retained or revised. After its evaluation,
on December 6, 2012, SBA published a
proposed rule in the Federal Register
(77 FR 72766) seeking public comment
on its proposal to increase three of the
four receipts based size standards in
that Subsector. The comment period
ended on February 4, 2013. The
proposed rule was one of the rules that
will examine industries grouped by a
NAICS Sector.
In conjunction with the current
comprehensive size standards review,
SBA developed a ‘‘Size Standards
Methodology’’ for establishing,
reviewing, and modifying size
standards, where necessary. SBA
published the document on its Web site
at www.sba.gov/size for public review
and comment, and included it as a
supporting document in the electronic
docket of the December 6, 2012
proposed rule at www.regulations.gov.
In evaluating an industry’s size
standard, SBA examines its
characteristics (such as average firm
size, startup costs, industry competition,
and distribution of firms by size) and
the level and small business share of
Federal contract dollars in that industry.
SBA also examines the potential impact
a size standard revision might have on
its financial assistance programs and
whether a business concern under a
revised size standard would be
dominant in its industry. To develop the
proposed rule, SBA analyzed the
characteristics of each industry in
NAICS Subsector 213, mostly using a
special tabulation obtained from the
U.S. Bureau of the Census from its 2007
Economic Census (the latest available).
To examine the Federal marketplace,
SBA evaluated the level and small
business share of Federal contract
dollars in each of those industries using
the data from the Federal Procurement
Data System—Next Generation (FPDS–
NG) for fiscal years 2008 to 2010. To
evaluate the impact of changes to size
standards on its loan programs, SBA
analyzed internal data on its guaranteed
loan programs for fiscal years 2009 to
2011.
SBA’s ‘‘Size Standards Methodology’’
provides a detailed description of
analyses of various industry and
program factors and data sources, and
how the Agency uses the results to
derive size standards. In the proposed
rule, SBA detailed how it applied its
‘‘Size Standards Methodology’’ to
review, and modify, where necessary,
the existing standards for industries in
NAICS Subsector 213. SBA sought
comments from the public on a number
of issues about its ‘‘Size Standards
Methodology,’’ such as whether there
are alternative methodologies that SBA
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should consider; whether there are
alternative or additional factors or data
sources that SBA should evaluate;
whether SBA’s approach to establishing
small business size standards makes
sense in the current economic
environment; whether SBA’s
applications of anchor size standards
are appropriate in the current economy;
whether there are gaps in SBA’s
methodology because of the lack of
complete data; and whether there are
other facts or issues that SBA should
consider.
SBA sought comments on its proposal
to increase the size standards for three
industries and retain the existing size
standard for the remaining one industry
in NAICS Subsector 213. Specifically,
SBA requested comments on whether
the size standards should be revised as
proposed and whether the proposed
revisions are appropriate. SBA also
invited comments on whether its
proposed eight fixed levels for receipts
based size standards are appropriate.
Summary of Comments
SBA received only one comment to
the proposed rule. The commenter
suggested that $7 million should be the
limit of a small business definition and
anything larger than that, such as that
SBA’s proposed $35.5 million size
standard for NAICS 213112 (Support
Activities for Oil and Gas Operations)
should be treated as a large business.
The commenter did not provide any
supporting data or analysis for his
argument.
SBA disagrees with the commenter’s
suggestion for two reasons. First, the
Small Business Act (15 U.S.C. 632(a))
(Act) requires that small business size
definitions vary to reflect industry
differences. Thus, a single size standard
of $7 million or less across the board
would be inconsistent with the Act.
Second, SBA’s analyses of relevant
industry and Federal market data using
its ‘‘Size Standards Methodology’’ show
significant differences among industries,
supporting a $7 million or lower size
standard for some industries and higher
size standards for others. Therefore,
SBA is adopting the size standards
increases in NAICS Subsector 213, as
proposed.
The comment to the proposed rule is
available for public review at https://
www.regulations.gov.
Conclusion:
Based on the analyses of relevant
industry and program data and
evaluation of one public comment it
received on the proposed rule, as
discussed above, SBA has decided to
increase the small business size
standards for the three industries in
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NAICS Subsectors 213, as proposed.
These industries and their revised size
standards are in Table 1, Summary of
Revised Size Standards in NAICS
Subsector 213, below.
TABLE 1—SUMMARY OF REVISED SIZE STANDARDS IN NAICS SUBSECTOR 213
Current size
standard
($ million)
NAICS
code
NAICS industry title
213112 ..........
213113 ..........
213114 ..........
Support Activities for Oil and Gas Operations .............................................................................
Support Activities for Coal Mining ................................................................................................
Support Activities for Metal Mining ..............................................................................................
SBA is retaining the $7 million size
standard for NAICS 213115, Support
Activities for Nonmetallic Minerals
(except Fuels). NAICS Subsector 213
has one industry, namely NAICS 213111
(Drilling Oil and Gas Wells), that has an
employee based size standard, which
SBA will review later with other
employee based size standards in Sector
21. Until then the current 500-employee
size standard will remain valid for that
industry.
Compliance With Executive Orders
12866, 13563, 12988, and 13132, 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 final
rule is not a ‘‘significant regulatory
action’’ for purposes of Executive Order
12866. To help explain the need of this
rule and the rule’s potential benefits and
costs, SBA is providing below a Cost
Benefit Analysis. This is also not a
‘‘major’’ rule, under the Congressional
Review Act, 5 U.S.C. 801, et. seq.
Cost Benefit Analysis
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1. Is there a need for the regulatory
action?
SBA believes that the changes to
small business size standards for three
industries in NAICS Subsector 213,
Support Activities for Mining within
NAICS Sector 23, reflect changes in the
economic characteristics of small
businesses and the Federal procurement
market in these industries. 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
these programs, SBA establishes distinct
definitions to determine which
businesses are small and eligible for
them. The Small Business Act delegated
to SBA’s Administrator the
responsibility for establishing small
business size definitions (15 U.S.C.
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632(a)). The Act also requires that small
business size definitions vary to reflect
industry differences. The Jobs Act
requires the Administrator to review at
least one-third of all size standards
within each 18-month period from the
date of its enactment, and review all
size standards at least every five years
thereafter. The supplementary
information sections of the December 6,
2012 proposed rule and this final rule
explained the 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 and
Federal procurement programs reserved
for small businesses. Federal small
business programs provide 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), economically
disadvantaged women-owned small
businesses (EDWOSB), and servicedisabled veteran-owned small
businesses (SDVOSB). These programs
assist small businesses to become more
knowledgeable, stable, and competitive.
Other Federal agencies may also use
SBA’s size standards for a variety of
other regulatory and program purposes.
In the three industries in NAICS
Subsector 213 for which SBA is
increasing size standards, more than 475
firms that are above the current size
standards will become small under the
revised size standards and eligible for
these programs. That number is about
8.5 percent of total firms that are
classified as small under the current
size standards in all industries in
NAICS Subsector 213. SBA estimates
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$7.0
$7.0
$7.0
Proposed size
standard
($ million)
$35.5
$19.0
$19.0
this will increase the small business
share of total industry receipts in those
industries from about 13 percent under
the current size standards to nearly 25
percent under the revised size
standards.
Three groups will benefit from the
revised size standards in NAICS
Subsector 213 in the following ways: (1)
Some businesses that are above the
current size standards may gain small
business status under the higher size
standards, becoming eligible to
participate in Federal small business
assistance programs; (2) growing small
businesses that are close to exceeding
the current size standards will be able
to retain their small business status
under the higher size standards, 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.
Because of limited Federal contracting
activities in those industries, the revised
increases in size standards in the three
industries in NAICS Subsector 213 will
cause very minimal impact on Federal
contracting programs under SBA’s small
business, 8(a), SDB, HUBZone, WOSB,
EDWOSB and SDVOSB Programs, and
other unrestricted procurements.
Under SBA’s 7(a) and 504 Loan
Programs, based on the 2009–2011 data,
SBA estimates about five additional
loans totaling about $2 million to $3
million in Federal loan guarantees could
be made to these newly defined small
businesses under the revised size
standards. Increasing the size standards
will likely result in more small business
guaranteed loans to businesses in these
industries, but it is be impractical to try
to estimate exactly the number and total
amount of loans. There are two reasons
for this: (1) Under the Jobs Act, SBA can
now guarantee substantially larger loans
than in the past; and, (2) the Jobs Act
established an alternative size standard
($15 million in tangible net worth and
$5 million in net income after income
taxes) for business concerns that do not
meet the size standards for their
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industry. Therefore, SBA finds it
difficult to quantify the actual impact of
these revised size standards on its 7(a)
and 504 Loan Programs.
Newly defined small businesses will
also benefit from SBA’s Economic Injury
Disaster Loan (EIDL) Program. The EIDL
program is contingent on the occurrence
and severity of one or more disasters
and SBA cannot make a meaningful
estimate of this impact.
The revisions to the existing size
standards for three industries in NAICS
Subsector Sector 21, Support Activities
for Mining are consistent with SBA’s
statutory mandate to assist small
businesses. This regulatory action
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 Order 13563
A description of the need for this
regulatory action and benefits and costs
associated with this action including
possible distributional impacts that
relate to Executive Order 13563 are
included above in the Cost Benefit
Analysis.
In an effort to engage interested
parties in this regulatory action, SBA
presented its methodology (discussed
above under Supplementary
Information in this final rule and
detailed in December 6, 2012 proposed
rule) 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. In addition, SBA
presented its size standards
methodology to businesses in 13 cities
in the U.S. and sought their input as
part of Jobs Act tours. The presentation
included information on the latest status
of the comprehensive size standards
review and how interested parties can
provide SBA with input and feedback
on size standards review. Moreover,
SBA also presented the same
information to Department of Defense
(DoD) contracting personnel at their
annual training session. It included
updates on what size standards rules
SBA was currently reviewing and plans
to review in the future.
Additionally, SBA sent letters to the
Directors of the Offices of Small and
Disadvantaged Business Utilization
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(OSDBU) at several Federal agencies
with considerable procurement
responsibilities requesting their
feedback on how the agencies use SBA’s
size standards and whether current
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 the
proposed rule and this final rule for
NAICS Subsector 213.
The review of the four receipts based
size standards in NAICS Subsector 213,
Support Activities for Mining, is
consistent with Executive Order 13563,
Section 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 were 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
since the last overall review have
rendered existing size standards for
some industries no longer supportable
by current data. Accordingly, in 2007,
SBA began a comprehensive review of
all size standards to ensure that existing
size standards have supportable bases
and to revise them, where necessary. In
addition, the Jobs Act requires 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
review all size standards not less
frequently than once every 5 years
thereafter.
Executive Order 12988
This regulatory action meets
applicable standards set forth in
Sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden. The
action does not have retroactive or
preemptive effect.
Executive Order 13132
For the purposes of Executive Order
13132, Federalism, SBA has determined
that this final rule will not have
substantial, direct effects on the States,
on the relationship between the national
government and the States, or on the
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distribution of power and
responsibilities among the various
levels of government. Therefore, SBA
has determined that this final rule has
no federalism implications warranting
preparation of a federalism assessment.
Paperwork Reduction Act
For the purposes of the Paperwork
Reduction Act, 44 U.S.C. Ch. 35, SBA
has determined that this final rule will
not impose any new reporting or record
keeping requirements.
Final Regulatory Flexibility Analysis
Under the Regulatory Flexibility Act
(RFA), this final rule may have a
significant impact on a substantial
number of small entities in NAICS
Subsector 213, Support Activities for
Mining. As described above, this rule
may affect small entities seeking Federal
contracts, SBA’s 7(a), 504 and economic
injury disaster loans, and various small
business benefits under other Federal
programs.
Immediately below, SBA sets forth an
final regulatory flexibility analysis
(RFA) of this final rule addressing the
following questions: (1) What are the
need for and objective of the rule? (2)
What are SBA’s description and
estimate of the number of small
businesses 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 that 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 are the need for and objective
of the rule?
Changes in industry structure,
technological changes, productivity
growth, mergers and acquisitions, and
updated industry definitions may have
changed the structure of many
industries within NAICS Subsector 213.
Such changes can be sufficient to
support revisions to current size
standards for some industries. Based on
the analysis of the latest data available,
SBA believes that the revised size
standards in this final rule more
appropriately reflect the size of
businesses in those industries that need
Federal assistance. Additionally, the
Jobs Act requires SBA to review all size
standards and make appropriate
adjustments to reflect current data and
market conditions.
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2. What are SBA’s description and
estimate of the number of small entities
to which the rule will apply?
SBA estimates that more than 475
firms, not small under the current size
standards, will become small because of
increases in size standards in three
industries in NAICS Subsector 213. That
represents 8.5 percent of total firms that
are small under current size standards
in all industries within NAICS
Subsector 21. This will result in an
increase in the small business share of
total industry receipts for those
industries from about 13 percent under
the current size standard to nearly 25
percent under the revised size
standards. The new size standards will
enable more small businesses to retain
their small business status for a longer
period. Many businesses may have lost
their eligibility and be finding it
difficult to compete at current size
standards 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 exceed the size
standards but are on the very low end
of those that are not small. They might
otherwise be called or referred to as
mid-sized businesses, although SBA
only defines what is small; other entities
are other than small.
3. What are the projected reporting,
record keeping and other compliance
requirements of the rule?
Revising size standards does 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 SAM database and certify in SAM
at least once annually that they are
small. Therefore, businesses opting to
participate in those programs must
comply with SAM requirements. There
are no costs associated with either SAM
registration or certification. Revising
size standards alters the access to
Federal programs that assist small
businesses, 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 section 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
to do otherwise. 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
agencies to establish 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 law, SBA is required to develop
numerical size standards for
establishing eligibility for Federal small
business assistance programs. Other
than varying size standards by industry
and changing the size measures, no
practical alternative exists to the
existing system of numerical size
standards. The possible alternative size
standards considered for the individual
industries within NAICS Subsector 213
are discussed in the supplementary
information to the proposed rule and
this final rule.
List of Subjects in 13 CFR Part 121
Administrative practice and
procedure, Government procurement,
Government property, Grant programs—
business, Individuals with disabilities,
Loan programs—business, Reporting
and recordkeeping requirements, Small
businesses.
For the reasons set forth in the
preamble, SBA amends 13 CFR part 121
as follows:
PART 121—SMALL BUSINESS SIZE
REGULATIONS
1. The authority citation for part 121
continues to read as follows:
■
Authority: 15 U.S.C. 632, 634(b)(6), 662,
and 694a(9).
2. In § 121.201, in the table, revise the
entries for ‘‘213112’’, ‘‘213113’’, and
‘‘213114’’ to read as follows:
■
§ 121.201 What size standards has SBA
identified by North American Industry
Classification System codes?
*
*
*
*
*
SMALL BUSINESS SIZE STANDARDS BY NAICS INDUSTRY
Size standards
in millions of
dollars
NAICS codes
NAICS U.S. industry title
*
213112 ...............
213113 ...............
213114 ...............
*
*
*
*
Support Activities for Oil and Gas Operations ................................................................
Support Activities for Coal Mining ...................................................................................
Support Activities for Metal Mining ..................................................................................
mstockstill on DSK4VPTVN1PROD with RULES4
*
*
*
*
*
[FR Doc. 2013–14712 Filed 6–19–13; 8:45 am]
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19:11 Jun 19, 2013
Jkt 229001
PO 00000
Frm 00012
Fmt 4701
Sfmt 9990
E:\FR\FM\20JNR4.SGM
$35.5
$19.0
$19.0
*
Dated: June 13, 2013.
Karen G. Mills,
Administrator.
VerDate Mar<15>2010
*
20JNR4
Size standards
in number of
employees
*
............................
............................
............................
*
Agencies
[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Rules and Regulations]
[Pages 37404-37408]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14712]
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
13 CFR Part 121
RIN 3245-AG44
Small Business Size Standards: Support Activities for Mining
AGENCY: U.S. Small Business Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The United States Small Business Administration (SBA) is
increasing the small business size standards for three of the four
industries in North American Industry Classification System (NAICS)
Subsector 213, Support Activities for Mining, that are based on average
annual receipts. As part of its ongoing comprehensive size standards
review, SBA evaluated the four receipts based standards in NAICs
Subsector 213 under NAICS Sector 21, Mining, Quarrying, and Oil and Gas
Extraction, to determine whether the current size standards should be
retained or revised. Within NAICS Sector 21, only NAICS Subsector 213
has receipts based size standards. The rest of the industries in that
Sector have employee based size standards which SBA will review in the
near future with other employee based size standards.
DATES: This rule is effective July 22, 2013.
FOR FURTHER INFORMATION CONTACT: Carl Jordan, Program Analyst, Office
of Size Standards, by phone at (202) 205-6618 or by email at
sizestandards@sba.gov.
SUPPLEMENTARY INFORMATION:
Introduction
In an effort to eliminate possible public confusion, SBA would like
to explain the changes made to the title of this rule. When SBA
initially announced in the Fall 2012 Unified Agenda of Federal
Regulatory and Deregulatory Actions, 78 FR 1636 at 1639 (January 8,
2013) (Item 390) that it intended to propose this rule, it was
titled ``Small Business Size Standards: Mining, Quarrying, and Oil and
Gas Extraction'' under Regulatory Information Number (RIN) 3245-AG44.
This title was based on the one for Sector 21 of the Small Business
Size Standards by NAICS Industry. However, SBA later concluded that
this title was a misnomer since this rule only covers the four revenue
based size standards under Subsector 213, Support Activities for Mining
and not the entire Sector 21. The rest of the size standards in NAICS
Sector 21 are employee-based size standards and will be addressed in a
separate rule. As a result, the title of the proposed rule was
clarified to read: ``Small Business Size Standards: Support Activities
for Mining.'' 77 FR 72766 (December 6, 2012). We believed that this
title change would make it easier for affected parties to recognize the
rule when it was published, understand the scope of its coverage, and
also engender more public comment and involvement.
To determine eligibility for Federal small business assistance
programs, SBA establishes small business size definitions (referred to
as size standards) for private sector industries in the United States.
SBA's current size standards use two primary measures of business
size--average annual receipts and average number of employees.
Financial assets, electric output and refining capacity are used as
size measures for a few specialized industries. In addition, SBA's
Small Business Investment Company (SBIC), 7(a), and the Certified
Development Company (CDC or 504) Loan Programs determine small business
eligibility using either the industry based size standards or
alternative net worth and net income based size standards. At the start
of the current comprehensive size standards review, there were 41
different size levels, covering 1,141 NAICS industries and 18 sub-
industry activities (i.e., ``exceptions'' in SBA's table of size
standards). Of these, 31 were based on average annual receipts,
[[Page 37405]]
seven based on number of employees, and three based on other measures.
Presently, there are a total of 1,031 size standards, 516 of which are
based on average annual receipts, 499 on number of employees, 10 on
megawatt hours, and six on average assets.
Over the years, SBA has received comments that its size standards
have not kept up with changes in the economy, in particular the changes
in the Federal contracting marketplace and industry structure. The last
comprehensive review of size standards occurred during the late 1970s
and early 1980s. Since then, most reviews of size standards were
limited to a few 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 latest inflation
adjustment to size standards was published in the Federal Register on
July 18, 2008 (73 FR 41237).
SBA recognizes that changes in industry structure and the Federal
marketplace since the last comprehensive size standards review have
rendered existing size standards for some industries no longer
supportable by current data. Accordingly, in 2007, SBA began a
comprehensive review of its size standards to determine whether
existing size standards have supportable bases relative to the current
data, and to revise them, where 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 review all size standards no 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 is reviewing
a group of related industries on a Sector by Sector basis.
As part of SBA's comprehensive size standards review, the Agency
evaluated the four industries with receipts based size standards in
NAICS Subsector 213, Support Activities for Mining within NAICS Sector
23, to determine whether their existing size standards should be
retained or revised. After its evaluation, on December 6, 2012, SBA
published a proposed rule in the Federal Register (77 FR 72766) seeking
public comment on its proposal to increase three of the four receipts
based size standards in that Subsector. The comment period ended on
February 4, 2013. The proposed rule was one of the rules that will
examine industries grouped by a NAICS Sector.
In conjunction with the current comprehensive size standards
review, SBA developed a ``Size Standards Methodology'' for
establishing, reviewing, and modifying size standards, where necessary.
SBA published the document on its Web site at www.sba.gov/size for
public review and comment, and included it as a supporting document in
the electronic docket of the December 6, 2012 proposed rule at
www.regulations.gov.
In evaluating an industry's size standard, SBA examines its
characteristics (such as average firm size, startup costs, industry
competition, and distribution of firms by size) and the level and small
business share of Federal contract dollars in that industry. SBA also
examines the potential impact a size standard revision might have on
its financial assistance programs and whether a business concern under
a revised size standard would be dominant in its industry. To develop
the proposed rule, SBA analyzed the characteristics of each industry in
NAICS Subsector 213, mostly using a special tabulation obtained from
the U.S. Bureau of the Census from its 2007 Economic Census (the latest
available). To examine the Federal marketplace, SBA evaluated the level
and small business share of Federal contract dollars in each of those
industries using the data from the Federal Procurement Data System--
Next Generation (FPDS-NG) for fiscal years 2008 to 2010. To evaluate
the impact of changes to size standards on its loan programs, SBA
analyzed internal data on its guaranteed loan programs for fiscal years
2009 to 2011.
SBA's ``Size Standards Methodology'' provides a detailed
description of analyses of various industry and program factors and
data sources, and how the Agency uses the results to derive size
standards. In the proposed rule, SBA detailed how it applied its ``Size
Standards Methodology'' to review, and modify, where necessary, the
existing standards for industries in NAICS Subsector 213. SBA sought
comments from the public on a number of issues about its ``Size
Standards Methodology,'' such as whether there are alternative
methodologies that SBA should consider; whether there are alternative
or additional factors or data sources that SBA should evaluate; whether
SBA's approach to establishing small business size standards makes
sense in the current economic environment; whether SBA's applications
of anchor size standards are appropriate in the current economy;
whether there are gaps in SBA's methodology because of the lack of
complete data; and whether there are other facts or issues that SBA
should consider.
SBA sought comments on its proposal to increase the size standards
for three industries and retain the existing size standard for the
remaining one industry in NAICS Subsector 213. Specifically, SBA
requested comments on whether the size standards should be revised as
proposed and whether the proposed revisions are appropriate. SBA also
invited comments on whether its proposed eight fixed levels for
receipts based size standards are appropriate.
Summary of Comments
SBA received only one comment to the proposed rule. The commenter
suggested that $7 million should be the limit of a small business
definition and anything larger than that, such as that SBA's proposed
$35.5 million size standard for NAICS 213112 (Support Activities for
Oil and Gas Operations) should be treated as a large business. The
commenter did not provide any supporting data or analysis for his
argument.
SBA disagrees with the commenter's suggestion for two reasons.
First, the Small Business Act (15 U.S.C. 632(a)) (Act) requires that
small business size definitions vary to reflect industry differences.
Thus, a single size standard of $7 million or less across the board
would be inconsistent with the Act. Second, SBA's analyses of relevant
industry and Federal market data using its ``Size Standards
Methodology'' show significant differences among industries, supporting
a $7 million or lower size standard for some industries and higher size
standards for others. Therefore, SBA is adopting the size standards
increases in NAICS Subsector 213, as proposed.
The comment to the proposed rule is available for public review at
https://www.regulations.gov.
Conclusion:
Based on the analyses of relevant industry and program data and
evaluation of one public comment it received on the proposed rule, as
discussed above, SBA has decided to increase the small business size
standards for the three industries in
[[Page 37406]]
NAICS Subsectors 213, as proposed. These industries and their revised
size standards are in Table 1, Summary of Revised Size Standards in
NAICS Subsector 213, below.
Table 1--Summary of Revised Size Standards in NAICS Subsector 213
----------------------------------------------------------------------------------------------------------------
Current size Proposed size
NAICS code NAICS industry title standard ($ standard ($
million) million)
----------------------------------------------------------------------------------------------------------------
213112..................... Support Activities for Oil and Gas Operations...... $7.0 $35.5
213113..................... Support Activities for Coal Mining................. $7.0 $19.0
213114..................... Support Activities for Metal Mining................ $7.0 $19.0
----------------------------------------------------------------------------------------------------------------
SBA is retaining the $7 million size standard for NAICS 213115,
Support Activities for Nonmetallic Minerals (except Fuels). NAICS
Subsector 213 has one industry, namely NAICS 213111 (Drilling Oil and
Gas Wells), that has an employee based size standard, which SBA will
review later with other employee based size standards in Sector 21.
Until then the current 500-employee size standard will remain valid for
that industry.
Compliance With Executive Orders 12866, 13563, 12988, and 13132, 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
final rule is not a ``significant regulatory action'' for purposes of
Executive Order 12866. To help explain the need of this rule and the
rule's potential benefits and costs, SBA is providing below a Cost
Benefit Analysis. This is also not a ``major'' rule, under the
Congressional Review Act, 5 U.S.C. 801, et. seq.
Cost Benefit Analysis
1. Is there a need for the regulatory action?
SBA believes that the changes to small business size standards for
three industries in NAICS Subsector 213, Support Activities for Mining
within NAICS Sector 23, reflect changes in the economic characteristics
of small businesses and the Federal procurement market in these
industries. 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 these programs, SBA
establishes distinct definitions to determine which businesses are
small and eligible for them. The Small Business Act delegated to SBA's
Administrator the responsibility for establishing small business size
definitions (15 U.S.C. 632(a)). The Act also requires that small
business size definitions vary to reflect industry differences. The
Jobs Act requires the Administrator to review at least one-third of all
size standards within each 18-month period from the date of its
enactment, and review all size standards at least every five years
thereafter. The supplementary information sections of the December 6,
2012 proposed rule and this final rule explained the 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 and Federal procurement programs reserved for small
businesses. Federal small business programs provide 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), economically
disadvantaged women-owned small businesses (EDWOSB), and service-
disabled veteran-owned small businesses (SDVOSB). These programs assist
small businesses to become more knowledgeable, stable, and competitive.
Other Federal agencies may also use SBA's size standards for a variety
of other regulatory and program purposes. In the three industries in
NAICS Subsector 213 for which SBA is increasing size standards, more
than 475 firms that are above the current size standards will become
small under the revised size standards and eligible for these programs.
That number is about 8.5 percent of total firms that are classified as
small under the current size standards in all industries in NAICS
Subsector 213. SBA estimates this will increase the small business
share of total industry receipts in those industries from about 13
percent under the current size standards to nearly 25 percent under the
revised size standards.
Three groups will benefit from the revised size standards in NAICS
Subsector 213 in the following ways: (1) Some businesses that are above
the current size standards may gain small business status under the
higher size standards, becoming eligible to participate in Federal
small business assistance programs; (2) growing small businesses that
are close to exceeding the current size standards will be able to
retain their small business status under the higher size standards,
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.
Because of limited Federal contracting activities in those
industries, the revised increases in size standards in the three
industries in NAICS Subsector 213 will cause very minimal impact on
Federal contracting programs under SBA's small business, 8(a), SDB,
HUBZone, WOSB, EDWOSB and SDVOSB Programs, and other unrestricted
procurements.
Under SBA's 7(a) and 504 Loan Programs, based on the 2009-2011
data, SBA estimates about five additional loans totaling about $2
million to $3 million in Federal loan guarantees could be made to these
newly defined small businesses under the revised size standards.
Increasing the size standards will likely result in more small business
guaranteed loans to businesses in these industries, but it is be
impractical to try to estimate exactly the number and total amount of
loans. There are two reasons for this: (1) Under the Jobs Act, SBA can
now guarantee substantially larger loans than in the past; and, (2) the
Jobs Act established an alternative size standard ($15 million in
tangible net worth and $5 million in net income after income taxes) for
business concerns that do not meet the size standards for their
[[Page 37407]]
industry. Therefore, SBA finds it difficult to quantify the actual
impact of these revised size standards on its 7(a) and 504 Loan
Programs.
Newly defined small businesses will also benefit from SBA's
Economic Injury Disaster Loan (EIDL) Program. The EIDL program is
contingent on the occurrence and severity of one or more disasters and
SBA cannot make a meaningful estimate of this impact.
The revisions to the existing size standards for three industries
in NAICS Subsector Sector 21, Support Activities for Mining are
consistent with SBA's statutory mandate to assist small businesses.
This regulatory action 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 Order 13563
A description of the need for this regulatory action and benefits
and costs associated with this action including possible distributional
impacts that relate to Executive Order 13563 are included above in the
Cost Benefit Analysis.
In an effort to engage interested parties in this regulatory
action, SBA presented its methodology (discussed above under
Supplementary Information in this final rule and detailed in December
6, 2012 proposed rule) 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. In addition, SBA
presented its size standards methodology to businesses in 13 cities in
the U.S. and sought their input as part of Jobs Act tours. The
presentation included information on the latest status of the
comprehensive size standards review and how interested parties can
provide SBA with input and feedback on size standards review. Moreover,
SBA also presented the same information to Department of Defense (DoD)
contracting personnel at their annual training session. It included
updates on what size standards rules SBA was currently reviewing and
plans to review in the future.
Additionally, 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's size standards and whether
current standards meet their programmatic needs (both procurement and
non-procurement). SBA gave appropriate consideration to all input,
suggestions, recommendations, and relevant information obtained from
industry groups, individual businesses, and Federal agencies in
preparing the proposed rule and this final rule for NAICS Subsector
213.
The review of the four receipts based size standards in NAICS
Subsector 213, Support Activities for Mining, is consistent with
Executive Order 13563, Section 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 were 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 since the
last overall review have rendered existing size standards for some
industries no longer supportable by current data. Accordingly, in 2007,
SBA began a comprehensive review of all size standards to ensure that
existing size standards have supportable bases and to revise them,
where necessary. In addition, the Jobs Act requires 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 review all size standards not less frequently than once
every 5 years thereafter.
Executive Order 12988
This regulatory action meets applicable standards set forth in
Sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice
Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
The action does not have retroactive or preemptive effect.
Executive Order 13132
For the purposes of Executive Order 13132, Federalism, SBA has
determined that this final rule will not have substantial, direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, SBA
has determined that this final rule has no federalism implications
warranting preparation of a federalism assessment.
Paperwork Reduction Act
For the purposes of the Paperwork Reduction Act, 44 U.S.C. Ch. 35,
SBA has determined that this final rule will not impose any new
reporting or record keeping requirements.
Final Regulatory Flexibility Analysis
Under the Regulatory Flexibility Act (RFA), this final rule may
have a significant impact on a substantial number of small entities in
NAICS Subsector 213, Support Activities for Mining. As described above,
this rule may affect small entities seeking Federal contracts, SBA's
7(a), 504 and economic injury disaster loans, and various small
business benefits under other Federal programs.
Immediately below, SBA sets forth an final regulatory flexibility
analysis (RFA) of this final rule addressing the following questions:
(1) What are the need for and objective of the rule? (2) What are SBA's
description and estimate of the number of small businesses 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 that 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 are the need for and objective of the rule?
Changes in industry structure, technological changes, productivity
growth, mergers and acquisitions, and updated industry definitions may
have changed the structure of many industries within NAICS Subsector
213. Such changes can be sufficient to support revisions to current
size standards for some industries. Based on the analysis of the latest
data available, SBA believes that the revised size standards in this
final rule more appropriately reflect the size of businesses in those
industries that need Federal assistance. Additionally, the Jobs Act
requires SBA to review all size standards and make appropriate
adjustments to reflect current data and market conditions.
[[Page 37408]]
2. What are SBA's description and estimate of the number of small
entities to which the rule will apply?
SBA estimates that more than 475 firms, not small under the current
size standards, will become small because of increases in size
standards in three industries in NAICS Subsector 213. That represents
8.5 percent of total firms that are small under current size standards
in all industries within NAICS Subsector 21. This will result in an
increase in the small business share of total industry receipts for
those industries from about 13 percent under the current size standard
to nearly 25 percent under the revised size standards. The new size
standards will enable more small businesses to retain their small
business status for a longer period. Many businesses may have lost
their eligibility and be finding it difficult to compete at current
size standards 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 exceed the size standards but are
on the very low end of those that are not small. They might otherwise
be called or referred to as mid-sized businesses, although SBA only
defines what is small; other entities are other than small.
3. What are the projected reporting, record keeping and other
compliance requirements of the rule?
Revising size standards does 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 SAM database and certify in SAM at least once
annually that they are small. Therefore, businesses opting to
participate in those programs must comply with SAM requirements. There
are no costs associated with either SAM registration or certification.
Revising size standards alters the access to Federal programs that
assist small businesses, 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 section 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 to do
otherwise. 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
agencies to establish 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 law, SBA is required to develop numerical size standards for
establishing eligibility for Federal small business assistance
programs. Other than varying size standards by industry and changing
the size measures, no practical alternative exists to the existing
system of numerical size standards. The possible alternative size
standards considered for the individual industries within NAICS
Subsector 213 are discussed in the supplementary information to the
proposed rule and this final rule.
List of Subjects in 13 CFR Part 121
Administrative practice and procedure, Government procurement,
Government property, Grant programs--business, Individuals with
disabilities, Loan programs--business, Reporting and recordkeeping
requirements, Small businesses.
For the reasons set forth in the preamble, SBA amends 13 CFR part
121 as follows:
PART 121--SMALL BUSINESS SIZE REGULATIONS
0
1. The authority citation for part 121 continues to read as follows:
Authority: 15 U.S.C. 632, 634(b)(6), 662, and 694a(9).
0
2. In Sec. 121.201, in the table, revise the entries for ``213112'',
``213113'', and ``213114'' to read as follows:
Sec. 121.201 What size standards has SBA identified by North American
Industry Classification System codes?
* * * * *
Small Business Size Standards by NAICS Industry
----------------------------------------------------------------------------------------------------------------
Size standards Size standards
NAICS codes NAICS U.S. industry title in millions of in number of
dollars employees
----------------------------------------------------------------------------------------------------------------
* * * * * * *
213112..................... Support Activities for Oil and Gas Operations.. $35.5 ................
213113..................... Support Activities for Coal Mining............. $19.0 ................
213114..................... Support Activities for Metal Mining............ $19.0 ................
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: June 13, 2013.
Karen G. Mills,
Administrator.
[FR Doc. 2013-14712 Filed 6-19-13; 8:45 am]
BILLING CODE 8025-01-P