[Federal Register Volume 77, Number 161 (Monday, August 20, 2012)]
[Rules and Regulations]
[Pages 49991-50012]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19973]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Rules
and Regulations
[[Page 49991]]
SMALL BUSINESS ADMINISTRATION
13 CFR Part 121
RIN 3245-AG47
Small Business Size Standards; Adoption of 2012 North American
Industry Classification System for Size Standards
AGENCY: U.S. Small Business Administration.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Small Business Administration (SBA) is amending its
Small Business Size Regulations to incorporate the Office of Management
and Budget's (OMB) 2012 modifications of the North American Industry
Classification System (NAICS), identified as NAICS 2012, into its table
of small business size standards. NAICS 2012 has created 76 new
industry codes and reused 13 NAICS 2007 industry codes with additional
or modified content. Those 89 new and modified industry codes in NAICS
2012 impact 199 industry codes in NAICS 2007. The large majority of the
changes involve renumbering and/or redefining NAICS 2007 codes in NAICS
2012, without warranting changes to their size standards. Therefore,
for those industries SBA has transferred the size standards of the
NAICS 2007 industry to the NAICS 2012 industry. SBA's adoption of NAICS
2012 will result in changes to small business size standards for 41
NAICS 2007 industries and one exception. This will also result in
changes to NAICS industry titles for one Subsector and eight
industries.
DATES: Effective Date: This rule is effective October 1, 2012.
Comment Date: Comments must be received on or before October 19,
2012.
ADDRESSES: You may submit comments, identified by RIN 3245-AG47 by one
of the following methods:
(1) Federal eRulemaking Portal: www.regulations.gov, following the
instructions for submitting comments; or
(2) Mail/Hand Delivery/Courier: Khem R. Sharma, Ph.D., Chief,
Office of Size Standards, 409 Third Street SW., Mail Code 6530,
Washington, DC 20416. SBA will not accept comments submitted by email
to this interim final rule.
SBA will post all comments to this interim final rule on
www.regulations.gov. If you wish to submit confidential business
information (CBI) as defined in the User Notice at www.regulations.gov,
you must submit such information to the U.S. Small Business
Administration, Khem R. Sharma, Ph.D., Chief, Office of Size Standards,
409 Third Street SW., Mail Code 6530, Washington, DC 20416, or send an
email to sizestandards@sba.gov. 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. Requests to
redact or remove posted comments cannot be honored and the request to
redact/remove posted comments will be posted as a comment. See the
www.regulations.gov help section for information on how to make changes
to your comments.
FOR FURTHER INFORMATION CONTACT: Carl Jordan, Office of Size Standards,
by phone at (202) 205-6618 or by email at sizestandards@sba.gov.
SUPPLEMENTARY INFORMATION: SBA adopted NAICS 1997 industry definitions
as a basis for its table of small business size standards, replacing
the Standard Industrial Classification (SIC) System, effective October
1, 2000 (65 FR 30836 (May 5, 2000)). Since then, OMB has issued three
modifications to NAICS. SBA incorporated OMB's first modification,
NAICS 2002 (66 FR 3825 (January 16, 2001)), into its table of size
standards, effective October 1, 2002 (67 FR 52597 (August 13, 2002)).
SBA incorporated the second modification, NAICS 2007 (71 FR 28532
(March 16, 2006)), into its table of size standards, effective October
1, 2007 (72 FR 49639 (August 29, 2007)). OMB published its third
modification, NAICS 2012, in its ``Notice of NAICS 2012 Final
Decisions'' in the Federal Register on August 17, 2011 (76 FR 51240).
SBA is adopting the latest modifications into its table of small
business size standards, as explained below, effective October 1, 2012.
NAICS 2012 has created 66 new industry codes with new content
either by splitting or merging some of the industries in NAICS 2007. It
has also assigned new codes to 10 industries in NAICS 2007 without
changing their definition and title. NAICS 2012 has reused 13 NAICS
2007 industry codes (including six with the same industry title) with
additional or modified definitions. All these changes have impacted 199
industries under NAICS 2007, of which 179 are in NAICS Sector 31-33,
Manufacturing. The vast majority of changes among the manufacturing
industries relate to aggregation of many small, detailed industries in
NAICS 2007 into fewer industries in NAICS 2012. As a result, the number
of 6-digit manufacturing codes has decreased from 472 in NAICS 2007 to
364 in NAICS 2012.
Complete information on the relationship between NAICS 2007 and
NAICS 2012 is available on the U.S. Bureau of the Census (Census
Bureau) Web site at http://www.census.gov/eos/www/naics/. The Web site
provides detailed documentation on establishment and implementation of
NAICS 2012, including the August 17, 2011 ``Notice of NAICS 2012 Final
Decisions.'' The Census Bureau's Web site also provides concordances
(i.e., correspondence tables) between SIC and NAICS 1997 and NAICS
2002, and between subsequent NAICS revisions.
How SBA Determined the Size Standards for NAICS 2012 Industries
On October 22, 1999, SBA published in the Federal Register (64 FR
57188) a proposed rule to incorporate NAICS 1997 into its table of
small business size standards. The proposed rule put forth guidelines
or rules that SBA applied to convert the size standards from the SIC
System to NAICS. The guidelines were intended to minimize the impact of
applying a new industry classification system on SBA's small business
size standards. SBA received no negative comments to the proposed
guidelines. SBA published a final rule on May 5, 2000 (corrected on
September 5, 2000, 65 FR 53533) adopting the resulting table of size
standards based on NAICS 1997, as proposed. SBA applied and
[[Page 49992]]
adopted the same guidelines when it updated its table of size standards
based on NAICS 2002 and NAICS 2007. In this interim final rule, SBA is,
in most part, following the same guidelines in adopting NAICS 2012 for
its table of size standards. Those guidelines are shown in Table 1,
Guidelines (Rules) to Establish Size Standards for Industries under
NAICS 2012, below.
Table 2, NAICS 2012 Codes Matched to NAICS 2007 Codes and Size
Standards, matches 2012 NAICS Codes and size standards to the affected
NAICS 2007 industry codes and parts and their current size standards.
Table 2 includes only those NAICS 2007 industries or parts that are
either reclassified into other industries or parts or assigned a new
code under NAICS 2012.
Table 1--Guidelines (Rules) To Establish Size Standards for Industries
Under NAICS 2012
------------------------------------------------------------------------
The size standard for the NAICS
If the NAICS 2012 industry is composed 2012 industry code will be:
of:
------------------------------------------------------------------------
1. One NAICS 2007 industry or part of The same size standard as for
one NAICS 2007 industry. the NAICS 2007 industry or
part.
2. Two or more parts of an NAICS 2007
industry; two or more NAICS 2007
industries; parts of two or more NAICS
2007 industries; or one or more NAICS
2007 industries and part(s) of one or
more NAICS 2007 industries, and
2a. they all have the same size The same size standard as for
standard. the NAICS 2007 industries or
parts.
2b. they all have the same size The same size standard as for
measure (e.g., receipts, the NAICS 2007 industry or
employees, etc.) but do not all part that most closely matches
have the same size standard. the economic activity
described by the NAICS 2012
industry, or
The highest size standard among
the NAICS 2007 industries and
part(s) that comprise the
NAICS 2012 industry.
2c. they have different size The same size standard as for
measures (i.e., for example, some the NAICS 2007 industry or
are based on receipts and others part that most closely matches
on employees) and hence do not all the economic activity
have the same size standard. described by the NAICS 2012
industry, or
The highest size standard among
the NAICS 2007 industries and
part(s) that comprise the
NAICS 2012 industry. To apply
this rule, SBA converts all
size standards to a single
measure (e.g., receipts,
employees, etc.) using the
size measure for the NAICS
2007 industry or part(s) that
most closely match the
economic activity described by
the NAICS 2012 industry or
using the size measure that
applies to most of the NAICS
industries or parts comprising
the NAICS 2012 industry.
3. One or more NAICS 2007 industries SBA will (a) apply a size
and/or parts that were categorized standard measure (e.g., number
broadly under a particular NAICS of employees, annual receipts,
Sector (such as Services, Retail etc.) that is typical of the
Trade, Wholesale Trade, or NAICS Sector; and (b) apply
Manufacturing) but are categorized the corresponding ``anchor''
under different Sectors in NAICS 2012. size standard. The ``anchor''
[Note: SBA is including this guideline size standards are $7 million
to maintain consistency with prior for Services and Retail Trade
rules, cited above. However, it does industries, 500 employees for
not apply to this interim final rule.]. Manufacturing, and 100
employees for Wholesale Trade
(except for Federal
procurement programs, where
the size standard is 500
employees under the
non[dash]manufacturer rule).
------------------------------------------------------------------------
Table 2--NAICS 2012 Codes Matched to NAICS 2007 Codes and Size Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
NAICS 2007
NAICS 2012 code NAICS 2012 U.S. Status Rule NAICS 2012 size NAICS 2007 NAICS 2007 U.S. (current) size
industry title code (table 1) standard code industry title standard
--------------------------------------------------------------------------------------------------------------------------------------------------------
NAICS 2012
-------------------------- ---------------------
Key to status code:
* = Part of 2007 NAICS United States industry
NAICS 2007
R = 2007 NAICS Industry code reused with different content
(Industry parts in italics indicate that
the industry
N = new NAICS industry for 2012
is split to two or more NAICS 2012
industries)
--------------------------------------------------------------------------------------------------------------------------------------------------------
221114................... Solar Electric Power N 1 4 million megawatt * 221119 Other Electric Power 4 million megawatt
Generation. hours (see footnote Generation--solar hours (see footnote
1). electric power 1).
generation.
221115................... Wind Electric Power N 1 4 million megawatt * 221119 Other Electric Power 4 million megawatt
Generation. hours (see footnote Generation--wind hours (see footnote
1). electric power 1).
generation.
221116................... Geothermal Electric N 1 4 million megawatt * 221119 Other Electric Power 4 million megawatt
Power Generation. hours (see footnote Generation--geother hours (see footnote
1). mal electric power 1).
generation.
[[Page 49993]]
221117................... Biomass Electric N 1 4 million megawatt * 221119 Other Electric Power 4 million megawatt
Power Generation. hours (see footnote Generation--biomass hours (see footnote
1). electric power 1).
generation.
221118................... Other Electric Power N 1 4 million megawatt * 221119 Other Electric Power 4 million megawatt
Generation. hours (see footnote Generation--except hours (see footnote
1). solar, wind, 1).
geothermal, and
biomass electric
power generation.
238190................... Other Foundation, R 2a $14 million......... * 238190 Other Foundation, $14 million.
Structure, and Structure, and
Building Exterior Building Exterior
Contractors. Contractors--except
building
fireproofing
contractors.
238310................... Drywall and R 2a $14 million......... 238310 Drywall and $14 million.
Insulation Insulation
Contractors. Contractors.
.......... ......... * 238190 Other Foundation, $14 million.
Structure, and
Building Exterior
Contractors--buildi
ng fireproofing
contractors.
.......... ......... * 238330 Flooring $14 million.
Contractors--firepr
oof flooring
construction
contractors.
238330................... Flooring Contractors R 2a $14 million......... * 238330 Flooring $14 million.
Contractors--except
fireproof flooring
construction
contractors.
311224................... Soybean and Other N 2b 1,000 employees..... 311222 Soybean Processing.. 500 employees.
Oilseed Processing.
.......... ......... 311223 Other Oilseed 1,000 employees.
Processing.
311314................... Cane Sugar N 2b 750 employees....... 311311 Sugarcane Mills..... 500 employees.
Manufacturing.
.......... ......... 311312 Cane Sugar Refining. 750 employees.
311351................... Chocolate and N 1 500 employees....... 311320 Chocolate and 500 employees.
Confectionery Confectionery
Manufacturing from Manufacturing from
Cacao Beans. Cacao Beans.
311352................... Confectionery N 1 500 employees....... 311330 Confectionery 500 employees.
Manufacturing from Manufacturing from
Purchased Chocolate. Purchased Chocolate.
311710................... Seafood Product N 2a 500 employees....... 311711 Seafood Canning..... 500 employees.
Preparation and
Packaging.
.......... ......... 311712 Fresh and Frozen 500 employees.
Seafood Processing.
311824................... Dry Pasta, Dough, N 2a 500 employees....... 311822 Flour Mixes and 500 employees.
and Flour Mixes Dough Manufacturing
Manufacturing from from Purchased
Purchased Flour. Flour.
[[Page 49994]]
.......... ......... 311823 Dry Pasta 500 employees.
Manufacturing.
312230................... Tobacco N 2b 1,000 employees..... 312210 Tobacco Stemming and 500 employees.
Manufacturing. Redrying.
.......... ......... 312221 Cigarette 1,000 employees.
Manufacturing.
.......... ......... 312229 Other Tobacco 500 employees.
Product
Manufacturing.
313110................... Fiber, Yarn, and N 2a 500 employees....... 313111 Yarn Spinning Mills. 500 employees.
Thread Mills.
.......... ......... 313112 Yarn Texturizing, 500 employees.
Throwing, and
Twisting Mills.
.......... ......... 313113 Thread Mills........ 500 employees.
313220................... Narrow Fabric Mills N 2a 500 employees....... 313221 Narrow Fabric Mills. 500 employees.
and Schiffli
Machine Embroidery.
.......... ......... 313222 Schiffli Machine 500 employees.
Embroidery.
313240................... Knit Fabric Mills... N 2a 500 employees....... 313241 Weft Knit Fabric 500 employees.
Mills.
.......... ......... 313249 Other Knit Fabric 500 employees.
and Lace Mills.
313310................... Textile and Fabric N 2b 1,000 employees..... 313311 Broadwoven Fabric 1,000 employees.
Finishing Mills. Finishing Mills.
.......... ......... 313312 Textile and Fabric 500 employees.
Finishing (except
Broadwoven Fabric)
Mills.
314120................... Curtain and Linen N 2a 500 employees....... 314121 Curtain and Drapery 500 employees.
Mills. Mills.
.......... ......... 314129 Other Household 500 employees.
Textile Product
Mills.
314910................... Textile Bag and N 2a 500 employees....... 314911 Textile Bag Mills... 500 employees.
Canvas Mills.
.......... ......... 314912 Canvas and Related 500 employees.
Product Mills.
314994................... Rope, Cordage, N 2b 1,000 employees..... 314991 Rope, Cordage, and 500 employees.
Twine, Tire Cord, Twine Mills.
and Tire Fabric
Mills.
.......... ......... 314992 Tire Cord and Tire 1,000 employees.
Fabric Mills.
315110................... Hosiery and Sock N 2a 500 employees....... 315111 Sheer Hosiery Mills. 500 employees.
Mills.
.......... ......... 315119 Other Hosiery and 500 employees.
Sock Mills.
315190................... Other Apparel N 2a 500 employees....... 315191 Outerwear Knitting 500 employees.
Knitting Mills. Mills.
.......... ......... 315192 Underwear and 500 employees.
Nightwear Knitting
Mills.
315210................... Cut and Sew Apparel N 2a 500 employees....... 315211 Men's and Boys' Cut 500 employees.
Contractors. and Sew Apparel
Contractors.
.......... ......... 315212 Women's, Girls', and 500 employees.
Infants' Cut and
Sew Apparel
Contractors.
[[Page 49995]]
315220................... Men's and Boys' Cut N 2a 500 employees....... 315221 Men's and Boys' Cut 500 employees.
and Sew Apparel and Sew Underwear
Manufacturing. and Nightwear
Manufacturing.
.......... ......... 315222 Men's and Boys' Cut 500 employees.
and Sew Suit, Coat,
and Overcoat
Manufacturing.
.......... ......... 315223 Men's and Boys' Cut 500 employees.
and Sew Shirt
(except Work Shirt)
Manufacturing.
.......... ......... 315224 Men's and Boys' Cut 500 employees.
and Sew Trouser,
Slack, and Jean
Manufacturing.
.......... ......... 315225 Men's and Boys' Cut 500 employees.
and Sew Work
Clothing
Manufacturing.
.......... ......... 315228 Men's and Boys' Cut 500 employees.
and Sew Other
Outerwear
Manufacturing.
315240................... Women's, Girls', and N 2a 500 employees....... 315231 Women's and Girls' 500 employees.
Infants' Cut and Cut and Sew
Sew Apparel Lingerie,
Manufacturing. Loungewear, and
Nightwear
Manufacturing.
.......... ......... 315232 Women's and Girls' 500 employees.
Cut and Sew Blouse
and Shirt
Manufacturing.
.......... ......... 315233 Women's and Girls' 500 employees.
Cut and Sew Dress
Manufacturing.
.......... ......... 315234 Women's and Girls' 500 employees.
Cut and Sew Suit,
Coat, Tailored
Jacket, and Skirt
Manufacturing.
.......... ......... 315239 Women's and Girls' 500 employees.
Cut and Sew Other
Outerwear
Manufacturing.
.......... ......... 315291 Infants' Cut and Sew 500 employees.
Apparel
Manufacturing.
315280................... Other Cut and Sew N 2a 500 employees....... 315292 Fur and Leather 500 employees.
Apparel Apparel
Manufacturing. Manufacturing.
.......... ......... 315299 All Other Cut and 500 employees.
Sew Apparel
Manufacturing.
315990................... Apparel Accessories N 2a 500 employees....... 315991 Hat, Cap, and 500 employees.
and Other Apparel Millinery
Manufacturing. Manufacturing.
.......... ......... 315992 Glove and Mitten 500 employees.
Manufacturing.
[[Page 49996]]
.......... ......... 315993 Men's and Boys' 500 employees.
Neckwear
Manufacturing.
.......... ......... 315999 Other Apparel 500 employees.
Accessories and
Other Apparel
Manufacturing.
316210................... Footwear N 2b 1,000 employees..... 316211 Rubber and Plastics 1,000 employees.
Manufacturing. Footwear
Manufacturing.
.......... ......... 316212 House Slipper 500 employees.
Manufacturing.
.......... ......... 316213 Men's Footwear 500 employees.
(except Athletic)
Manufacturing.
.......... ......... 316214 Women's Footwear 500 employees.
(except Athletic)
Manufacturing.
.......... ......... 316219 Other Footwear 500 employees.
Manufacturing.
316998................... All Other Leather N 2a 500 employees....... 316991 Luggage 500 employees.
Good and Allied Manufacturing.
Product
Manufacturing.
.......... ......... 316993 Personal Leather 500 employees.
Good (except
Women's Handbag and
Purse)
Manufacturing.
.......... ......... 316999 All Other Leather 500 employees.
Good and Allied
Product
Manufacturing.
321999................... All Other R 2a 500 employees....... 321999 All Other 500 employees.
Miscellaneous Wood Miscellaneous Wood
Product Product
Manufacturing. Manufacturing.
.......... ......... 337129 Wood Television, 500 employees.
Radio, and Sewing
Machine Cabinet
Manufacturing.
322219................... Other Paperboard N 2b 750 employees....... 322213 Setup Paperboard Box 500 employees.
Container Manufacturing.
Manufacturing.
.......... ......... 322214 Fiber Can, Tube, 500 employees
Drum, and Similar
Products
Manufacturing.
.......... .........
322215................... Nonfolding Sanitary .......... ......... 750 employees.......
Food Container
Manufacturing.
322220................... Paper Bag and Coated N 2a 500 employees....... 322221 Coated and Laminated 500 employees.
and Treated Paper Packaging Paper
Manufacturing. Manufacturing.
.......... ......... 322222 Coated and Laminated 500 employees.
Paper Manufacturing.
.......... ......... 322223 Coated Paper Bag and 500 employees.
Pouch Manufacturing.
.......... ......... 322224 Uncoated Paper and 500 employees.
Multiwall Bag
Manufacturing.
[[Page 49997]]
.......... ......... 322225 Laminated Aluminum 500 employees.
Foil Manufacturing
for Flexible
Packaging Uses.
.......... ......... 322226 Surface-Coated 500 employees.
Paperboard
Manufacturing.
322230................... Stationery Product N 2a 500 employees....... 322231 Die-Cut Paper and 500 employees.
Manufacturing. Paperboard Office
Supplies
Manufacturing.
.......... ......... 322232 Envelope 500 employees.
Manufacturing.
.......... ......... 322233 Stationery, Tablet, 500 employees.
and Related Product
Manufacturing.
323111................... Commercial Printing R 2a 500 employees....... 323111 Commercial Gravure 500 employees.
(except Screen and Printing.
Books).
.......... ......... 323110 Commercial 500 employees.
Lithographic
Printing.
.......... ......... 323112 Commercial 500 employees.
Flexographic
Printing.
.......... ......... 323114 Quick Printing...... 500 employees.
.......... ......... 323115 Digital Printing.... 500 employees.
.......... ......... 323116 Manifold Business 500 employees.
Forms Printing.
.......... ......... 323118 Blankbook, Looseleaf 500 employees.
Binders, and
Devices
Manufacturing.
.......... ......... 323119 Other Commercial 500 employees.
Printing.
323120................... Support Activities N 2a 500 employees....... 323121 Tradebinding and 500 employees.
for Printing. Related Work.
.......... ......... 323122 Prepress Services... 500 employees.
325130................... Synthetic Dye and N 2b 1,000 employees..... 325131 Inorganic Dye and 1,000 employees.
Pigment Pigment
Manufacturing. Manufacturing.
.......... ......... 325132 Synthetic Organic 750 employees.
Dye and Pigment
Manufacturing.
325180................... Other Basic N 2b 1,000 employees..... 325181 Alkalis and Chlorine 1,000 employees.
Inorganic Chemical Manufacturing.
Manufacturing.
.......... ......... 325182 Carbon Black 500 employees.
Manufacturing.
.......... ......... 325188 All Other Basic 1,000 employees.
Inorganic Chemical
Manufacturing.
325194................... Cyclic Crude, N 2b 750 employees....... 325191 Gum and Wood 500 employees.
Intermediate, and Chemical
Gum and Wood Manufacturing.
Chemical
Manufacturing.
.......... ......... 325192 Cyclic Crude and 750 employees.
Intermediate
Manufacturing.
325220................... Artificial and N 2a 1,000 employees..... 325221 Cellulosic Organic 1,000 employees.
Synthetic Fibers Fiber Manufacturing.
and Filaments
Manufacturing.
.......... ......... 325222 Noncellulosic 1,000 employees.
Organic Fiber
Manufacturing.
[[Page 49998]]
326199................... All Other Plastics R 2b 750 employees....... 326199 All Other Plastics 500 employees.
Product Product
Manufacturing. Manufacturing.
.......... ......... 326192 Resilient Floor 750 employees.
Covering
Manufacturing.
327110................... Pottery, Ceramics, N 2b 750 employees....... 327111 Vitreous China 750 employees.
and Plumbing Plumbing Fixture
Fixture and China and
Manufacturing. Earthenware
Bathroom
Accessories
Manufacturing.
.......... ......... 327112 Vitreous China, Fine 500 employees.
Earthenware, and
Other Pottery
Product
Manufacturing.
.......... ......... 327113 Porcelain Electrical 500 employees.
Supply
Manufacturing.
327120................... Clay Building N 2b 750 employees....... 327121 Brick and Structural 500 employees.
Material and Clay Tile
Refractories Manufacturing.
Manufacturing.
.......... ......... 327122 Ceramic Wall and 500 employees.
Floor Tile
Manufacturing.
.......... ......... 327123 Other Structural 500 employees.
Clay Product
Manufacturing.
.......... ......... 327124 Clay Refractory 500 employees.
Manufacturing.
.......... ......... 327125 Nonclay Refractory 750 employees.
Manufacturing.
331110................... Iron and Steel Mills N 2b 1,000 employees..... 331111 Iron and Steel Mills 1,000 employees.
and Ferroalloy
Manufacturing.
.......... ......... 331112 Electrometallurgical 750 employees.
Ferroalloy Product
Manufacturing.
331313................... Alumina Refining and N 2a 1,000 employees..... 331311 Alumina Refining.... 1,000 employees.
Primary Aluminum
Production.
.......... ......... 331312 Primary Aluminum 1,000 employees.
Production.
331318................... Other Aluminum N 2a 750 employees....... 331316 Aluminum Extruded 750 employees.
Rolling, Drawing, Product
and Extruding. Manufacturing.
.......... ......... 331319 Other Aluminum 750 employees.
Rolling and Drawing.
331410................... Nonferrous Metal N 2b 1,000 employees..... 331411 Primary Smelting and 1,000 employees.
(except Aluminum) Refining of Copper.
Smelting and
Refining.
.......... ......... 331419 Primary Smelting and 750 employees.
Refining of
Nonferrous Metal
(except Copper and
Aluminum).
331420................... Copper Rolling, N 2b 1,000 employees..... 331421 Copper Rolling, 750 employees.
Drawing, Extruding, Drawing, and
and Alloying. Extruding.
[[Page 49999]]
.......... ......... 331422 Copper Wire (except 1,000 employees.
Mechanical) Drawing.
.......... ......... 331423 Secondary Smelting, 750 employees.
Refining, and
Alloying of Copper.
331523................... Nonferrous Metal Die- N 2a 500 employees....... 331521 Aluminum Die-Casting 500 employees.
Casting Foundries. Foundries.
.......... ......... 331522 Nonferrous (except 500 employees.
Aluminum) Die-
Casting Foundries.
331529................... Other Nonferrous N 2a 500 employees....... 331525 Copper Foundries 500 employees.
Metal Foundries (except Die-
(except Die- Casting).
Casting).
.......... ......... 331528 Other Nonferrous 500 employees.
Foundries (except
Die-Casting).
332119................... Metal Crown, N 2a 500 employees....... 332115 Crown and Closure 500 employees.
Closure, and Other Manufacturing.
Metal Stamping
(except Automotive).
.......... ......... 332116 Metal Stamping...... 500 employees.
332215................... Metal Kitchen N 2a 500 employees....... 332211 Cutlery and Flatware 500 employees.
Cookware, Utensil, (except Precious)
Cutlery, and Manufacturing.
Flatware (except
Precious)
Manufacturing.
.......... ......... 332214 Kitchen Utensil, 500 employees.
Pot, and Pan
Manufacturing.
332216................... Saw Blade and N 2a 500 employees....... 332212 Hand and Edge Tool 500 employees.
Handtool Manufacturing.
Manufacturing.
.......... ......... 332213 Saw Blade and 500 employees.
Handsaw
Manufacturing.
332613................... Spring Manufacturing N 2a 500 employees....... 332611 Spring (Heavy Gauge) 500 employees.
Manufacturing.
.......... ......... 332612 Spring (Light Gauge) 500 employees.
Manufacturing.
332994................... Small Arms, R 2b 1,000 employees..... 332994 Small Arms 1,000 employees.
Ordnance, and Manufacturing.
Ordnance
Accessories
Manufacturing.
.......... ......... 332995 Other Ordnance and 500 employees.
Accessories
Manufacturing.
332999................... All Other R 2b 750 employees....... 332997 Industrial Pattern 500 employees.
Miscellaneous Manufacturing.
Fabricated Metal
Product
Manufacturing.
.......... ......... 332998 Enameled Iron and 750 employees.
Metal Sanitary Ware
Manufacturing.
[[Page 50000]]
.......... ......... 332999 All Other 500 employees.
Miscellaneous
Fabricated Metal
Product
Manufacturing.
333241................... Food Product N 1 500 employees....... 333294 Food Product 500 employees.
Machinery Machinery
Manufacturing. Manufacturing.
333242................... Semiconductor N 1 500 employees....... 333295 Semiconductor 500 employees.
Machinery Machinery
Manufacturing. Manufacturing.
333243................... Sawmill, N 2a 500 employees....... 333210 Sawmill and 500 employees.
Woodworking, and Woodworking
Paper Machinery Machinery
Manufacturing. Manufacturing.
.......... ......... 333291 Paper Industry 500 employees.
Machinery
Manufacturing.
333244................... Printing Machinery N 1 500 employees....... 333293 Printing Machinery 500 employees.
and Equipment and Equipment
Manufacturing. Manufacturing.
333249................... Other Industrial N 2a 500 employees....... 333220 Plastics and Rubber 500 employees.
Machinery Industry Machinery
Manufacturing. Manufacturing.
.......... ......... 333292 Textile Machinery 500 employees.
Manufacturing.
.......... ......... 333298 All Other Industrial 500 employees.
Machinery
Manufacturing.
333316................... Photographic and N 2b 1,000 employees..... 333315 Photographic and 500 employees.
Photocopying Photocopying
Equipment Equipment
Manufacturing. Manufacturing.
.......... ......... *334119 Other Computer 1,000 employees.
Peripheral
Equipment
Manufacturing--digi
tal camera
manufacturing.
333318................... Other Commercial and N 2b 1,000 employees..... 333311 Automatic Vending 500 employees.
Service Industry Machine
Machinery Manufacturing.
Manufacturing.
.......... ......... 333312 Commercial Laundry, 500 employees.
Drycleaning, and
Pressing Machine
Manufacturing.
.......... ......... 333313 Office Machinery 1,000 employees.
Manufacturing.
.......... ......... 333319 Other Commercial and 500 employees.
Service Industry
Machinery
Manufacturing.
333413................... Industrial and N 2a 500 employees....... 333411 Air Purification 500 employees.
Commercial Fan and Equipment
Blower and Air Manufacturing.
Purification
Equipment
Manufacturing.
.......... ......... 333412 Industrial and 500 employees.
Commercial Fan and
Blower
Manufacturing.
[[Page 50001]]
333517................... Machine Tool N 2a 500 employees....... 333512 Machine Tool (Metal 500 employees.
Manufacturing. Cutting Types)
Manufacturing.
.......... ......... 333513 Machine Tool (Metal 500 employees.
Forming Types)
Manufacturing.
333519................... Rolling Mill and N 2a 500 employees....... 333516 Rolling Mill 500 employees.
Other Metalworking Machinery and
Machinery Equipment
Manufacturing. Manufacturing.
.......... ......... 333518 Other Metalworking 500 employees.
Machinery
Manufacturing.
334118................... Computer Terminal N 2a 1,000 employees..... 334113 Computer Terminal 1,000 employees.
and Other Computer Manufacturing.
Peripheral
Equipment
Manufacturing.
.......... ......... *334119 Other Computer 1,000 employees.
Peripheral
Equipment
Manufacturing--exce
pt digital camera
manufacturing.
334416................... Capacitor, Resistor, R 2a 500 employees....... 334416 Electronic Coil, 500 employees.
Coil, Transformer, Transformer, and
and Other Inductor Other Inductor
Manufacturing. Manufacturing.
.......... ......... 334414 Electronic Capacitor 500 employees.
Manufacturing.
.......... ......... 334415 Electronic Resistor 500 employees.
Manufacturing.
334419................... Other Electronic R 2a 750 employees....... 334419 Other Electronic 500 employees.
Component Component
Manufacturing. Manufacturing.
.......... ......... 334411 Electron Tube 750 employees.
Manufacturing.
334519................... Other Measuring and R 2a 500 employees....... 334519 Other Measuring and 500 employees.
Controlling Device Controlling Device
Manufacturing. Manufacturing.
.......... ......... 334518 Watch, Clock, and 500 employees.
Part Manufacturing.
334614................... Software and Other N 2b 750 employees....... 334611 Software Reproducing 500 employees.
Prerecorded Compact
Disc, Tape, and
Record Reproducing.
.......... ......... 334612 Prerecorded Compact 750 employees.
Disc (except
Software), Tape,
and Record
Reproducing.
335210................... Small Electrical N 2a 750 employees....... 335211 Electric Housewares 750 employees.
Appliance and Household Fan
Manufacturing. Manufacturing.
[[Page 50002]]
.......... ......... 335212 Household Vacuum 750 employees.
Cleaner
Manufacturing.
336310................... Motor Vehicle N 2b 750 employees....... 336311 Carburetor, Piston, 500 employees.
Gasoline Engine and Piston Ring, and
Engine Parts Valve Manufacturing.
Manufacturing.
.......... ......... 336312 Gasoline Engine and 750 employees.
Engine Parts
Manufacturing.
336320................... Motor Vehicle N 2b 750 employees....... 336321 Vehicular Lighting 500 employees.
Electrical and Equipment
Electronic Manufacturing.
Equipment
Manufacturing.
.......... ......... 336322 Other Motor Vehicle 750 employees.
Electrical and
Electronic
Equipment
Manufacturing.
336390................... Other Motor Vehicle N 2a 750 employees....... 336391 Motor Vehicle Air- 750 employees.
Parts Manufacturing. Conditioning
Manufacturing.
.......... ......... 336399 All Other Motor 750 employees.
Vehicle Parts
Manufacturing.
339910................... Jewelry and N 2a 500 employees....... 339911 Jewelry (except 500 employees.
Silverware Costume)
Manufacturing. Manufacturing.
.......... ......... 339912 Silverware and 500 employees.
Hollowware
Manufacturing.
.......... ......... 339913 Jewelers' Material 500 employees.
and Lapidary Work
Manufacturing.
.......... ......... 339914 Costume Jewelry and 500 employees.
Novelty
Manufacturing.
339930................... Doll, Toy, and Game N 2a 500 employees....... 339931 Doll and Stuffed Toy 500 employees.
Manufacturing. Manufacturing.
.......... ......... 339932 Game, Toy, and 500 employees.
Children's Vehicle
Manufacturing.
339940................... Office Supplies N 2a 500 employees....... 339941 Pen and Mechanical 500 employees.
(except Paper) Pencil
Manufacturing. Manufacturing.
.......... ......... 339942 Lead Pencil and Art 500 employees.
Good Manufacturing.
.......... ......... 339943 Marking Device 500 employees.
Manufacturing.
.......... ......... 339944 Carbon Paper and 500 employees.
Inked Ribbon
Manufacturing.
423620................... Household R 2a 100 employees....... * 423620 Electrical and 100 employees.
Appliances, Electronic
Electric Appliance,
Housewares, and Television, and
Consumer Radio Set Merchant
Electronics Wholesalers--except
Merchant electric water
Wholesalers. heaters.
[[Page 50003]]
.......... ......... * 423720 Plumbing and Heating 100 employees.
Equipment and
Supplies
(Hydronics)
Merchant
Wholesalers--gas
household
appliances (except
gas water heaters).
423720................... Plumbing and Heating R 2a 100 employees....... * 423720 Plumbing and Heating 100 employees.
Equipment and Equipment and
Supplies Supplies
(Hydronics) (Hydronics)
Merchant Merchant
Wholesalers. Wholesalers--except
gas household
appliances (except
gas water heaters).
.......... ......... * 423620 Electrical and 100 employees.
Electronic
Appliance,
Television, and
Radio Set Merchant
Wholesalers--electr
ic water heaters.
441228................... Motorcycle, ATV, and N 2b $30 million......... 441221 Motorcycle, ATV, and $30 million.
All Other Motor Personal Watercraft
Vehicle Dealers. Dealers.
.......... ......... 441229 All Other Motor $7 million.
Vehicle Dealers.
.......... ......... (exception) Including, Aircraft $25.5 million.
Dealers, Retail
(exception to NAICS
441229 in table of
size standards).
443141................... Household Appliance N 1 $10 million......... 443111 Household Appliance $10 million
Stores. Stores.
443142................... Electronics Stores.. N 2b $30 million......... 443112 Radio, Television, $25.5 million.
and Other
Electronics Stores.
.......... ......... 443120 Computer and $25.5 million.
Software Stores.
.......... ......... 443130 Camera and $19 million.
Photographic
Supplies Stores.
.......... ......... 451220 Prerecorded Tape, $30 million.
Compact Disc, and
Record Stores.
454310................... Fuel Dealers........ N 2c 50 employees........ 454311 Heating Oil Dealers. 50 employees.
.......... ......... 454312 Liquefied Petroleum 50 employees.
Gas (Bottled Gas)
Dealers.
.......... ......... 454319 Other Fuel Dealers.. $7 million.
722511................... Full-Service N 1 $7 million.......... 722110 Full-Service $7 million.
Restaurants. Restaurants.
722513................... Limited-Service N 1 $10 million......... 722211 Limited-Service $10 million.
Restaurants. Restaurants.
722514................... Cafeterias, Grill N 1 $25.5 million....... 722212 Cafeterias, Grill $25.5 million.
Buffets, and Buffets, and
Buffets. Buffets.
[[Page 50004]]
722515................... Snack and N 1 $7 million.......... 722213 Snack and $7 million.
Nonalcoholic Nonalcoholic
Beverage Bars. Beverage Bars.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Changes in Size Standards Resulting From SBA's Adoption of NAICS 2012
As shown above in Table 2, NAICS 2012 Codes Matched to NAICS 2007
Codes and Size Standards, most of the size standards for the affected
NAICS 2007 industries are not impacted and therefore remain unchanged
under NAICS 2012. The vast majority of the changes consist of revised
industry titles or the reclassification of one or more NAICS 2007
industries or parts into other industries or parts in NAICS 2012
without impacting their size standards.
As shown in Table 2, the adoption of the NAICS 2012 modification
leads to a revision to the current size standard for 42 NAICS 2007
industries or parts. SBA applied the guidelines in Table 1 to update
the size standards for industries in NAICS 2007 to NAICS 2012. This
resulted in increases to the size standard for 40 NAICS 2007 industries
(including 36 in Manufacturing) and one exception, and a change to the
size standard from average annual receipts to number of employees for
one industry. Specifically, the $25.5 million size standard for
Aircraft Dealers, an exception under NAICS (2007) 441229, All Other
Motor Vehicle Dealers, is no longer necessary. NAICS (2012) 441228,
Motorcycle, ATV, and All Other Motor Vehicle Dealers, includes aircraft
dealers, for which SBA is adopting a $30 million size standard. In
addition, the small business size standards for both NAICS (2007)
454311, Heating Oil Dealers, and NAICS (2007) 454312, Liquefied
Petroleum Gas (Bottled Gas) Dealers, are 50 employees. However, the
size standard for NAICS (2007) 454319, Other Fuel Dealers, is $7
million. Under NAICS 2012, a single NAICS industry, namely 454310, Fuel
Dealers, includes all three activities, and 50 employees is therefore
the appropriate size standard. In all cases, the adopted size standards
were based on the correspondence between NAICS 2007 and NAICS 2012
industry definitions.
Changes in Industry Titles Resulting From SBA's Adoption of NAICS 2012
In addition to changing industry definitions and codes, NAICS 2012
has adopted several NAICS industry title changes to more clearly
describe the existing content of industries. These title changes do not
change the content or NAICS code of industries, but rather refine how
they are described. The title changes affecting the NAICS industry
titles in SBA's table of size standards are shown in Table 3, Industry
Title Changes in NAICS 2012. Because the title changes do not alter
NAICS industry codes or definitions, size standards are not affected.
SBA adopts NAICS 2012 industry titles for its table of size standards.
Table 3--Title Changes in NAICS 2012
------------------------------------------------------------------------
NAICS NAICS 2012 Title NAICS 2007 Title
------------------------------------------------------------------------
Subsector 112................. Animal Production Animal Production.
and Aquaculture.
236115........................ New Single-family New Single-family
Housing Housing
Construction Construction
(Except For-Sale (Except Operative
Builders). Builders).
236116........................ New Multifamily New Multifamily
Housing Housing
Construction Construction
(except For-Sale (except Operative
Builders). Builders).
236117........................ New Housing For- New Housing
Sale Builders. Operative
Builders.
334613........................ Blank Magnetic and Magnetic and
Optical Recording Optical Recording
Media Media
Manufacturing. Manufacturing.
541850........................ Outdoor Advertising Display
Advertising.
623110........................ Nursing Care Nursing Care
Facilities Facilities.
(Skilled Nursing
Facilities).
623210........................ Residential Residential Mental
Intellectual and Retardation
Developmental Facilities.
Disability
Facilities.
623312........................ Assisted Living Homes for the
Facilities for the Elderly.
Elderly.
------------------------------------------------------------------------
Other Considerations: Factoryless Goods Producers
Under NAICS 2012 ``Factoryless Goods Producers'' (FGPs) are defined
as manufacturers that outsource manufacturing transformation activities
(i.e., the actual physical, chemical or mechanical transformation of
inputs into new outputs) to specialized establishments, both foreign
and domestic. See 76 FR 51240 (August 17, 2011). An FGP also undertakes
all of the entrepreneurial steps and arranges for all required capital,
labor, and material inputs required for outsourced companies to make a
good. The Economic Classification Policy Committee (ECPC) studied the
issue of how to categorize FGPs in NAICS and provided guidance for
consistent classification of manufacturing outsourcing establishments
across various Federal statistical programs. The ECPC recommended
classification of establishments that bear the overall responsibility
and risk for bringing together all processes necessary for the
production of a good in the manufacturing sector, even if the actual
transformation is 100 percent outsourced. The ECPC's full
recommendation is available at http://www.bea.gov/about/pdf/ECPC_Recommendation_for_Classification_of_Outsourcing_1.pdf. OMB
accepted the ECPC's recommendation that FGPs be classified in
manufacturing, and therefore be included for statistical purposes in
manufacturing under NAICS 2012.
Although this classification of FGPs changes the traditional
definition of manufacturing for statistical purposes, SBA's current
regulations for Federal government procurement will continue
[[Page 50005]]
to apply. In other words, the NAICS 2012 definition of manufacturing
includes FGPs, but it does not affect eligibility for Federal
procurement programs when a concern must be small to receive available
benefits and preferences as a small business. Specifically, the Small
Business Act and SBA's regulations generally require that an offeror on
a supply contract set aside for small businesses, including 8(a), small
businesses located in Historically Underutilized Business Zones
(HUBZones), service-disabled veteran-owned small businesses (SDVOSB)
and woman-owned small businesses (WOSB), provide the product of a small
business made in the United States. Generally, a manufacturer must
perform work for at least 50 percent of the cost of manufacturing the
supplies, not including the cost of materials. 15 U.S.C.
637(a)(14)(A)(ii), 644(o)(1)(B), and 13 CFR 125.6. For size purposes,
there can be only one manufacturer of the end item being acquired. The
manufacturer is the concern which, with its own facilities, performs
the primary activities in transforming inorganic or organic substances,
including the assembly of parts and components, into the end item being
acquired. The end item must possess characteristics which, as a result
of mechanical, chemical or human action, it did not possess before the
original substances, parts or components were assembled or transformed.
The end item may be finished and ready for utilization or consumption,
or it may be semi-finished as a raw material to be used in further
manufacturing. Firms that perform only minimal operations upon the item
being procured do not qualify as manufacturers of the end item. In
addition, firms that add substances, parts, or components to an
existing end item to modify its performance will not be considered the
end item manufacturer where those identical modifications can be
performed by and are available from the manufacturer of the existing
end item. 13 CFR 121.406(b)(2). Accordingly, FGPs that do not comply
with these requirements will not qualify as small for Federal
procurement programs. However, none of these requirements precludes an
FGP from qualifying as a nonmanufacturer when it meets the requirements
of 13 CFR 121.406. Under this regulatory provision, for a small
business set aside supply contract (including 8(a), SDVO and WOSB, but
not HUBZone), SBA can waive the requirement that an offeror supply the
product of a small business made in the United States if no small
business manufacturers exist.
Alternatives to Adopting NAICS 2012 That SBA Considered
SBA considered retaining the NAICS 2007 industry codes as the basis
for small business size standards. That would, however, lead to
inconsistency among Federal agencies that adopt NAICS 2012 for their
statistical and other programs. OMB stated in its August 17, 2011
``Notice of NAICS 2012 Final decisions'' that ``Federal statistical
establishment data published for reference years beginning on or after
January 1, 2012, should be published using the 2012 NAICS United States
codes.'' SBA is not a statistical agency, but uses the establishment
data collected from other Federal agencies, such as the Economic Census
data from the Bureau of the Census for its size standards analysis. If
SBA does not adopt NAICS 2012, it will not be able to analyze and
evaluate small business size standards adequately and accurately
because the forthcoming Economic Census data based on NAICS 2012
industries will not be compatible with NAICS 2007 industries. Without
useful data, SBA cannot properly evaluate industry structure and its
effect on small business size standards.
Request for Comments
SBA welcomes the public to comment on this interim final rule. If
SBA adopts NAICS 2012 for its table of size standards either as
outlined in this rule or with modifications, it will publish a final
rule. The final rule will address any comments received and explain the
basis for the Agency's final decision. If SBA receives substantive
comments supporting size standards that it has not adopted in this
interim final rule, and if SBA agrees with those comments, SBA will
modify the size standards in its final rule accordingly.
Justification for Interim Final Rule
In general, SBA publishes a rule for public comment before issuing
a final rule in accordance with the Administrative Procedure Act (APA)
and SBA regulations. 5 U.S.C. 553 and 13 CFR 101.108, respectively. The
APA provides an exception to this standard rulemaking process, where an
agency finds good cause to adopt a rule without prior public
participation. 5 U.S.C. 553(b)(B). The good cause requirement is
satisfied when prior public participation is impracticable,
unnecessary, or contrary to the public interest. Under such
circumstances, an agency may publish an interim final rule without
soliciting public comment.
To reiterate, the changes adopted in this interim rule reflect the
NAICS 2012 modifications issued by OMB in August 2011. The NAICS 2012
modifications were adopted after careful consideration of the public
comments OMB received in response to two Federal Register notices
(published on 1/7/2009 and 5/12/2010) detailing the proposed
modifications. It is neither necessary nor in the public's interest to
revisit the modifications in this rule, after such an extensive comment
process. In addition, as discussed further below, in compliance with
OMB's direction, this rule necessarily takes effect on October 1, 2012.
It would therefore be impractical to solicit public participation prior
to implementing the changes outlined in this rule. We note that this
rule does provide an opportunity for the public to comment on the
changes. Accordingly, SBA finds that good cause exists to publish this
as an interim final rule.
Justification for the October 1, 2012 Effective Date
SBA's small business size standards matched to NAICS 2012 will be
effective on October 1, 2012, and will apply to all solicitations
issued on or after that date, for the following reasons:
1. OMB stated in its August 17, 2011 ``Notice of NAICS 2012 Final
decisions'' that ``Federal statistical establishment data published for
reference years beginning on or after January 1, 2012, should be
published using the NAICS 2012 United States codes.'' SBA is not a
statistical agency, but it uses the establishment data collected from
other Federal agencies, such as the Economic Census data from the U.S.
Bureau of the Census for its size standards analysis. Similarly, other
Federal program databases, such as the Federal Procurement Data
System--Next Generation (FPDS-NG) and Central Contractor Registration
(CCR), are based on NAICS codes from SBA's table of size standards,
which is currently based on NAICS 2007. If SBA does not adopt NAICS
2012 for its table of size standards, it will result in inconsistency
among various Federal databases. October 1, 2012 is the start of the
new Federal Government fiscal year following OMB's adoption of NAICS
2012 effective January 1, 2012, and is consistent with SBA's adoption
of previous NAICS revisions effective at the start of the next fiscal
year after the OMB's effective date.
2. With the updated size standards based on NAICS 2012, Federal
agencies that use NAICS and SBA's size standards could collect data on
their small business programs using the latest
[[Page 50006]]
NAICS industry definitions. Such data will be comparable and consistent
with future Federal statistics that will be based on NAICS 2012
industry codes. Using comparable data enhances the credibility of
program and industry analyses.
3. With the October 1, 2012 effective date, Federal agencies that
use NAICS and SBA's small business size standards for their programs
will have sufficient time to plan and implement the updated size
standards, and assess its impact on their programs.
4. To establish, review, and revise, where necessary, small
business size standards, SBA uses a special tabulation of industry data
that the Agency obtains from the Census Bureau based on its
quinquennial Economic Census of U.S. industries and businesses. The
next tabulation that SBA will obtain from the Census Bureau will be
based on the 2012 Economic Census. Because the 2012 Economic Census and
special tabulation will be based on NAICS 2012 industry definitions,
SBA needs to use NAICS 2012 as the basis for its table of small
business size standards.
5. For the above reasons, it is important that SBA update its size
standards to NAICS 2012 prior to the beginning of the next fiscal year.
Issuing a proposed rule under the normal rulemaking making process
would take considerably more time to implement this action.
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
OMB has determined that this interim final rule is not a
``significant regulatory action'' for purposes of Executive Order
12866. This interim final rule incorporates the latest revisions of the
NAICS, which SBA uses to identify industries in the United States
economy for purposes of establishing small business size standards. As
discussed in the Supplementary Information above, the size standard of
some activities would change because of the NAICS revisions. However,
all businesses currently defined as small under the NAICS 2002
industries will continue to be small under the NAICS 2012 industries,
as indicated. The interim final rule also affects Federal Government
programs that provide a benefit for small businesses. SBA welcomes
comments describing the impact on small businesses of the size standard
changes resulting from this rule. In order to help explain the need of
this rule and the rule's potential benefits and costs, SBA is providing
a Cost Benefit Analysis in this section of the rule. This is also not a
``major rule'' under the Congressional Review Act, 5 U.S.C. 800.
Cost Benefit Analysis
1. Is there a need for the regulatory action?
SBA believes that revising its small business size standards based
on NAICS 2012 is in the best interests of small businesses. 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 effectively, SBA
establishes distinct definitions to determine which businesses are
deemed small businesses. NAICS 2012 provides the latest industry
definitions. The Small Business Act (The Act) delegates to SBA's
Administrator the responsibility for establishing definitions for small
business. The Act also requires that small business definitions vary to
reflect industry differences. 15 USC 632(a). By analyzing and reviewing
size standards based on the latest and most comprehensive NAICS
definitions, SBA can more accurately and appropriately fulfill its
mandate. If SBA does not use the latest industry definitions, size
standards would not accurately reflect differences among industries. In
addition, the Small Business Jobs Act of 2010 (Jobs Act) requires the
Administrator to review one-third of all size standards within each 18-
month period from the date of its enactment and to review all size
standards at least every five years thereafter. For this, SBA needs
data based on the latest NAICS industry definitions available. In this
interim final rule, SBA mostly followed the same guidelines that the
Agency used for adopting prior NAICS industry modifications, as spelled
out under the supplemental information section, above. Size standards
based on NAICS 2012 industry definitions and corresponding data will be
more accurate and serve SBA's mission more effectively.
2. What are the potential benefits and costs of this regulatory action?
As stated previously, the vast majority of the changes from NAICS
2007 to NAICS 2012 consist of revision to industry titles or
reclassification of one or more NAICS 2007 industries or parts into
other industries or parts in NAICS 2012 without impacting their size
standards. The adoption of NAICS 2012 has resulted in increases to size
standards for 40 NAICS 2007 industries and one sub-industry
(``exception'') and the change of size standard from average annual
receipts to number of employees for one industry. The most significant
benefit to businesses as a result of these changes is gaining
eligibility for Federal small business assistance programs, including
SBA's financial assistance programs, economic injury disaster loans,
and Federal procurement opportunities intended for small businesses.
Federal small business programs provide targeted opportunities for
small businesses under SBA's various business development and
contracting programs. These include the 8(a) Business Development
program and programs benefiting small businesses located in HUBZones,
WOSBs, and SDVOSBs. Other Federal agencies also may use SBA's size
standards for a variety of regulatory and program purposes. These
programs help small businesses become more knowledgeable, stable, and
competitive. Some businesses that exceed current size standards will
become small under the higher size standards resulting from the
adoption of NAICS 2012. However, SBA cannot estimate with precision the
number of businesses that become small because there are no data based
on NAICS 2012 industry definitions. Based on the 2007 Economic Census
data for the affected NAICS 2007 industries, SBA estimates that
approximately 300 additional businesses would gain small business
status under the revised size standards. That represents a 0.9 percent
increase to the number of small businesses in the affected industries.
The benefits of adopting NAICS 2012 and the resulting revisions to
size standards will accrue to three groups in the following ways: (1)
Some businesses that are above their current size standards may gain
small business status, thereby becoming eligible to participate in
Federal small business assistance programs; (2) growing small
businesses that are close to exceeding the current size standards for
their NAICS 2007 industry may retain their small business status under
NAICS 2012, and can continue participating 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 they will
be able to define more accurately the principal purposes of their
procurements under NAICS 2012, as required by 12 CFR 121.402(b).
Additional firms gaining small business status under NAICS 2012 may
receive more Federal contracts, but their number and value cannot be
estimated
[[Page 50007]]
because of lack of procurement data based on NAICS 2012. Added
procurement competition may also result in lower prices to the
Government for procurements reserved for small businesses, although SBA
cannot quantify this benefit.
Under SBA's 7(a) Loan and 504 Loan Programs, SBA will be able to
guarantee more loans, although, in this case too, the number and amount
cannot be estimated accurately. Based on data for fiscal years 2008 to
2010, SBA estimates that about 2 to 5 additional loans, totaling about
$1.0 million to $1.3 million in Federal loan guarantees could be made
to these newly defined small businesses under the revised size
standards. Under the Jobs Act, SBA can now guarantee substantially
larger loans than in the past. In addition, the Jobs Act established an
alternative size standard for SBA's 7(a) and 504 Loan Programs for
those applicants that do not meet the size standards for their
industries. That is, under the Jobs Act, if a firm applies for a 7(a)
or 504 loan but does not meet the size standard for its industry, it
might still qualify if, including its affiliates, it has a tangible net
worth that does not exceed $15 million and also has an average net
income after Federal income taxes (excluding any carry-over losses) for
its preceding two completed fiscal years that does not exceed $5.0
million. Thus, increasing the size standards may result in an increase
in small business guaranteed loans to small businesses in these
industries, but it would be impractical to try to estimate the extent
of their number and the total amount loaned.
Newly defined small businesses will also benefit from SBA's
Economic Injury Disaster Loan (EIDL) Program. Since this program is
contingent on the occurrence and severity of a disaster, SBA cannot
make a meaningful estimate of future EIDL benefit.
To the extent that newly defined small firms under NAICS 2012 could
become active in Federal procurement programs, this may entail some
additional administrative costs to the Federal Government associated
with additional bidders for Federal small business procurement
opportunities. More firms may seek SBA's guaranteed loans. More will be
eligible to enroll in the CCR Dynamic Small Business Search database.
Since more firms will qualify as small, more may also seek
certification as 8(a) or HUBZone firms, or qualify as WOSB, SDVOSB,
and/or small disadvantaged business (SDB) status. However, it is
important to point out that most business entities that are already
registered in CCR will not be required to update their CCR profiles.
However, it will be incumbent on registrants to review their profiles
to ensure that they have correct NAICS codes. CCR requires that
registered companies update review and update their profiles annually,
and therefore, businesses will need to pay particular attention to the
changes to determine if they might affect them. They will also have to
verify and update, if necessary, their Online Representations and
Certification (ORCA) certifications. Among businesses in this group
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 administrative
requirements.
The costs to the Federal Government may be higher on some Federal
contracts under the higher revised size standards under NAICS 2012.
With more businesses defined as small, Federal agencies might choose to
set aside more contracts for competition among small businesses rather
than use full and open competition. The movement from unrestricted to
set-aside contracting will likely result in competition among fewer
total bidders, although there will be more small businesses in the
bidding pool eligible to submit offers. In addition, higher costs may
result when additional full and open contracts are awarded to HUBZone
businesses because of a price evaluation preference. The additional
costs associated with fewer bidders, however, will likely 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 SDVOSB Programs
only if awards are expected to be made at fair and reasonable prices.
The revised size standards may have some distributional effects
among large and small businesses. Although SBA cannot estimate with
certainty the actual outcome of gains and losses among small and large
businesses, there are several likely impacts. There may be a transfer
of some Federal contracts from large businesses to small businesses.
Large businesses may have fewer Federal contract opportunities as
Federal agencies decide to set aside more Federal contracts for small
businesses. In addition, some agencies may award more Federal contracts
to HUBZone concerns instead of large businesses since HUBZone concerns
may be eligible for price evaluation adjustments when they compete on
full and open bidding opportunities. Similarly, currently defined small
businesses may receive fewer Federal contracts due to the increased
competition from more businesses defined as small under NAICS 2012.
This transfer may be offset by more Federal procurements set aside for
all small businesses. 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
small businesses under the existing size standards. The SBA cannot
estimate with precision the potential distributional impacts of these
transfers.
SBA's adopting NAICS 2012 and revising its size standards
accordingly is consistent with SBA's statutory mandate to assist small
business. 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. Appropriate size standards ensure
that intended beneficiaries have access to small business programs
designed to assist them. The Small Business Act states that ``the
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.'' 15 U.S.C. 632(a)(3). To do
that, SBA should use the most current and relevant industry
definitions. NAICS 2012 provides the most current and relevant industry
definitions.
Executive Order 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
Cost Benefit Analysis.
To engage interested parties in this action, SBA has advised
Federal agencies that it intends to adopt NAICS 2012 effective October
1, 2012, consistent with other size standard updates based on prior
NAICS updates. SBA also has advised Federal agencies to continue using
NAICS 2007 until SBA updates its size standards to NAICS 2012.
Executive Order 12988
This 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
[[Page 50008]]
burden. The action does not have retroactive or preemptive effect.
Executive Order 13132
For purposes of Executive Order 13132, SBA has determined that this
interim 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
interim final rule has no Federalism implications warranting
preparation of a Federalism assessment.
Paperwork Reduction Act
For the purpose of the Paperwork Reduction Act, 44 U.S.C. Ch. 35,
SBA has determined that this interim final rule would not impose any
new reporting or record keeping requirements.
Regulatory Flexibility Analysis
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
initial and final regulatory flexibility analysis only when 5 U.S.C.
553 requires publication of a notice of proposed rulemaking. See 5
U.S.C. 603(a), 604(a). As discussed above, SBA has found good cause
under 5 U.S.C. 553(b)(3)(B) to conclude that, with respect to this
interim final rule, publication of a notice of proposed rulemaking is
impracticable, unnecessary and not in the public's best interest.
Accordingly, SBA is not required to perform an initial or final
regulatory flexibility analysis for this interim 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), 636(b), 662, 694a(9).
0
2. In Sec. 121.201, amend the table, ``Small Business Size Standards
by NAICS Industry'' as follows:
0
a. Revise the industry title of the entry Subsector 112 to read
``Animal Production and Aquaculture'';
0
b. Remove the entry for 221119;
0
c. Add entries for 221114 through 221118;
0
d. Revise the industry title of the entry 236115 to read ``New Single-
Family Housing Construction (except For-Sale Builders)'';
0
e. Revise the industry title of the entry 236116 to read ``New
Multifamily Housing Construction (except For-Sale Builders)'';
0
f. Revise the industry title of the entry 236117 to read ``New Housing
For-Sale Builders.''
0
g. Remove the entries for 311222 and 311223;
0
h. Add an entry for 311224;
0
i. Remove the entries for 311311, 311312, 311313, 311320, 311330, and
311340,;
0
j. Add entries for 311313, 311314, 311340, 311351, and 311352;
0
k. Remove the entries for 311711 and 311712;
0
l. Add an entry for 311710;
0
m. Remove the entries for 311822 and 311823;
0
n. Add an entry for 311824;
0
o. Remove the entries for 312210. 312221, and 312229;
0
p. Add an entry for 312230;
0
q. Remove the entries for 313111, 313112, and 313113;
0
r. Add an entry for 313110;
0
s. Remove the entries for 313221 and 313222;
0
t. Add and entry for 313220;
0
u. Remove the entries for 313241, 313249, 313311, and 313312;
0
v. Add entries for 313240 and 313310;
0
w. Remove the entries for 314121, 314129, 314911, 314912, 314991, and
314992;
0
x. Add entries for 314120, 314910, and 314994;
0
y. Remove entries 315111, 315119, 315191, 315192, 315211, 315212,
315221 through 315225, 315228, 315231 through 315234, 315239, 315291,
315292, and 315999;
0
z. Add entries 315110, 315190, 315210, 315220, 315240, 315280, and
315990;
0
aa. Remove the entries for 316211, 316212, 316213, 316214, and 316219;
0
bb. Add an entry for 316210;
0
cc. Remove the entries for 316991, 316993, and 316999;
0
dd. Add an entry of 316998;
0
ee. Remove entries 322213 through 322215, 322221 through 322226, and
322231 through 322233;
0
ff. Add entries for 322219, 322220, and 322230;
0
gg. Remove the entry for 323110;
0
hh. Revise the industry title of the entry 323111 to read ``Commercial
Printing (except Screen and Books)'';
0
ii. Remove the entries for 323112, 323114, 323115, 323116, 323118,
323119, 323121, and 323122;
0
jj. Add an entry for 323120;
0
kk. Remove entries for 325131, 325132, 325181, 325182, 325188, 325191,
and 325192;
0
ll. Add entries for 325130, 325180, and 235194;
0
mm. Remove the entries for 325221 and 325222;
0
nn. Add an entry for 325220;
0
oo. Remove the entry 326192;
0
pp. Revise the entry for 326199;
0
qq. Remove the entries 327111 through 327113 and 327121 through 327125;
0
rr. Add entries for 327110 and 327120;
0
ss. Remove the entries for 331111 and 331112;
0
tt. Add an entry for 331110;
0
uu. Remove the entries for 331311 and 331312;
0
vv. Add an entry for 331313;
0
ww. Remove entries 331316, 331319, 331411, 331419, and 331421 through
331423;
0
xx. Add entries for 331318, 331410, and 331420;
0
yy. Remove the entries for 331521 and 331522;
0
zz. Add an entry for 331523;
0
aaa. Remove the entries for 331525 and 331528;
0
bbb. Add an entry for 331529;
0
ccc. Remove the entries for 332115 and 332116;
0
ddd. Add an entry for 332117;
0
eee. Remove the entries for 332211, 322212, 332213, and 332214;
0
fff. Add entries for 332215 and 332216;
0
ggg. Remove the entries for 332611 and 332612;
0
hhh. Add an entry for 332613;
0
iii. Revise the industry title of the entry 332994 to read ``Small
Arms, Ordnance, and Ordnance Accessories Manufacturing'';
0
jjj. Remove the entries for 332995, 332997, and 33299;
0
kkk. Revise the entry for 332999;
0
lll. Remove entries for 333210, 333220, 333291 through 333295, and
333298;
0
mmm. Add entries for 333241 through 333244 and 333249;
0
nnn. Remove the entries for 333311, 333312, 333313, 333315, 333319,
333411, and 333412;
0
ooo. Add entries for 333316, 333318, and 333413;
0
ppp. Remove the entries for 333512, 333513, 333516, and 333518;
0
qqq. Add entries for 333517 and 333519;
0
rrr. Remove the entries for 334113 and 334119;
0
sss. Add an entry for 334118;
0
ttt. Remove the entries for 334411, 334414, and 334415;
[[Page 50009]]
0
uuu. Revise the industry title of the entry for 334416 to read
``Capacitor, Resistor, Coil, Transformer, and Other Inductor
Manufacturing'';
0
vvv. Remove the entries for 334518, 334611, and 334612;
0
www. Revise the industry title of the entry for 334613 to read ``Blank
Magnetic and Optical Recording Media Manufacturing'';
0
xxx. Add an entry for 334614;
0
yyy. Remove the entries 335211 and 335212;
0
zzz. Add an entry for 335210;
0
aaaa. Remove the entries for 336311, 336312, 336321, and 336322;
0
bbbb. Add entries for 336310 and 336320;
0
cccc. Remove the entries for 336391 and 336399;
0
dddd. Add an entry for 336390;
0
eeee. Remove the entry for 337129;
0
ffff. Remove the entries for 339911, 339912, 339913, and 339914;
0
gggg. Add an entry for 339910;
0
hhhh. Remove the entries for 339931, 339932, 339941, 339942, 339943,
and 339944;
0
iiii. Add entries for 339930 and 339940;
0
jjjj. Revise the industry title of the entry for 423620 to read
``Household Appliances, Electric Housewares, and Consumer Electronics
Merchant Wholesalers'';
0
kkkk. Remove the entries for 441221 and 441229;
0
llll. Add an entry for 441228;
0
mmmm. Remove the entries for 443111, 443112, 443120, and 443130;
0
nnnn. Add entries for 443141 and 443142;
0
oooo. Remove the entry for 451220;
0
pppp. Remove the entries for 454311, 454312, and 454319;
0
qqqq. Add an entry for 454310;
0
rrrr. Revise the industry title of the entry for 541850 to read
``Outdoor Advertising'';
0
ssss. Revise the industry title of the entry for 623110 to read
``Nursing Care Facilities (Skilled Nursing Facilities)'';
0
tttt. Revise the industry title of the entry for 623210 to read
``Residential Intellectual and Development Disability Facilities'';
0
uuuu. Revise the industry title of the entry for 623312 to read
``Assisted Living Facilities for the Elderly'';
0
vvvv. Remove the entries for 722110, 722211, 722212, and 722213;
0
wwww. Add entries for 722511 and 722513 through 722515; and
0
xxxx. Revise footnote 1 at the end of the table to read as follows:
The additions and revisions 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 in
NAICS codes NAICS U.S. industry title Size standards in millions of number of
dollars employees
----------------------------------------------------------------------------------------------------------------
Sector 11--Agriculture, Forestry, Fishing and Hunting
----------------------------------------------------------------------------------------------------------------
* * * * * * *
221114.......................... Solar Electric Power (see footnote 1)............... .................
Generation.
221115.......................... Wind Electric Power (see footnote 1)............... .................
Generation.
221116.......................... Geothermal Electric Power (see footnote 1)............... .................
Generation.
221117.......................... Biomass Electric Power (see footnote 1)............... .................
Generation.
221118.......................... Other Electric Power (see footnote 1)............... .................
Generation.
* * * * * * *
311224.......................... Soybean and Other Oilseed ............................... 1,000
Processing.
* * * * * * *
311313.......................... Beet Sugar Manufacturing.. ............................... 750
311314.......................... Cane Sugar Manufacturing.. ............................... 750
311340.......................... Nonchocolate Confectionery ............................... 500
Manufacturing.
311351.......................... Chocolate and ............................... 500
Confectionery
Manufacturing from Cacao
Beans.
311352.......................... Confectionery ............................... 500
Manufacturing from
Purchased Chocolate.
* * * * * * *
311710.......................... Seafood Product ............................... 500
Preparation and Packaging.
* * * * * * *
311824.......................... Dry Pasta, Dough, and ............................... 500
Flour Mixes Manufacturing
from Purchased Flour.
* * * * * * *
312230.......................... Tobacco Manufacturing..... ............................... 1,000
* * * * * * *
313110.......................... Fiber, Yarn, and Thread ............................... 500
Mills.
* * * * * * *
313220.......................... Narrow Fabric Mills and ............................... 500
Schiffli Machine
Embroidery.
* * * * * * *
313240.......................... Knit Fabric Mills......... ............................... 500
313310.......................... Textile and Fabric ............................... 1,000
Finishing Mills.
* * * * * * *
314120.......................... Curtain and Linen Mills... ............................... 500
314910.......................... Textile Bag and Canvas ............................... 500
Mills.
314994.......................... Rope, Cordage, Twine, Tire ............................... 1,000
Cord, and Tire Fabric
Mills.
[[Page 50010]]
* * * * * * *
315110.......................... Hosiery and Sock Mills.... ............................... 500
315190.......................... Other Apparel Knitting ............................... 500
Mills.
315210.......................... Cut and Sew Apparel ............................... 500
Contractors.
315220.......................... Men's and Boys' Cut and ............................... 500
Sew Apparel Manufacturing.
315240.......................... Women's, Girls', and ............................... 500
Infants' Cut and Sew
Apparel Manufacturing.
315280.......................... Other Cut and Sew Apparel ............................... 500
Manufacturing.
315990.......................... Apparel Accessories and ............................... 500
Other Apparel
Manufacturing.
* * * * * * *
316210.......................... Footwear Manufacturing.... ............................... 1,000
* * * * * * *
316998.......................... All Other Leather Good and ............................... 500
Allied Product
Manufacturing.
* * * * * * *
322219.......................... Other Paperboard Container ............................... 750
Manufacturing.
322220.......................... Paper Bag and Coated and ............................... 500
Treated Paper
Manufacturing.
322230.......................... Stationery Product ............................... 500
Manufacturing.
* * * * * * *
323120.......................... Support Activities for ............................... 500
Printing.
* * * * * * *
325130.......................... Synthetic Dye and Pigment ............................... 1,000
Manufacturing.
325180.......................... Other Basic Inorganic ............................... 1,000
Chemical Manufacturing.
* * * * * * *
325194.......................... Cyclic Crude, ............................... 750
Intermediate, and Gum and
Wood Chemical
Manufacturing.
* * * * * * *
325220.......................... Artificial and Synthetic ............................... 1,000
Fibers and Filaments
Manufacturing.
* * * * * * *
326199.......................... All Other Plastics Product ............................... 750
Manufacturing.
* * * * * * *
327110.......................... Pottery, Ceramics, and ............................... 750
Plumbing Fixture
Manufacturing.
327120.......................... Clay Building Material and ............................... 750
Refractories
Manufacturing.
* * * * * * *
331110.......................... Iron and Steel Mills and ............................... 1,000
Ferroalloy Manufacturing.
* * * * * * *
331313.......................... Alumina Refining and ............................... 1,000
Primary Aluminum
Production.
* * * * * * *
331318.......................... Other Aluminum Rolling, ............................... 750
Drawing, and Extruding.
331410.......................... Nonferrous Metal (except ............................... 1,000
Aluminum) Smelting and
Refining.
331420.......................... Copper Rolling, Drawing, ............................... 1,000
Extruding, and Alloying.
* * * * * * *
331523.......................... Nonferrous Metal Die- ............................... 500
Casting Foundries.
* * * * * * *
331529.......................... Other Nonferrous Metal ............................... 500
Foundries (except Die-
Casting).
* * * * * * *
332119.......................... Metal Crown, Closure, and ............................... 500
Other Metal Stamping
(except Automotive).
* * * * * * *
332215.......................... Metal Kitchen Cookware, ............................... 500
Utensil, Cutlery, and
Flatware (except
Precious) Manufacturing.
332216.......................... Saw Blade and Handtool ............................... 500
Manufacturing.
* * * * * * *
332613.......................... Spring Manufacturing...... ............................... 500
* * * * * * *
332999.......................... All Other Miscellaneous ............................... 750
Fabricated Metal Product
Manufacturing.
[[Page 50011]]
* * * * * * *
333241.......................... Food Product Machinery ............................... 500
Manufacturing.
333242.......................... Semiconductor Machinery ............................... 500
Manufacturing.
333243.......................... Sawmill, Woodworking, and ............................... 500
Paper Machinery
Manufacturing.
333244.......................... Printing Machinery and ............................... 500
Equipment Manufacturing.
333249.......................... Other Industrial Machinery ............................... 500
Manufacturing.
* * * * * * *
333316.......................... Photographic and ............................... 1,000
Photocopying Equipment
Manufacturing.
333318.......................... Other Commercial and ............................... 1,000
Service Industry
Machinery Manufacturing.
333413.......................... Industrial and Commercial ............................... 500
Fan and Blower and Air
Purification Equipment
Manufacturing.
* * * * * * *
333517.......................... Machine Tool Manufacturing ............................... 500
333519.......................... Rolling Mill and Other ............................... 500
Metalworking Machinery
Manufacturing.
* * * * * * *
334118.......................... Computer Terminal and ............................... 1,000
Other Computer Peripheral
Equipment Manufacturing.
* * * * * * *
334614.......................... Software and Other ............................... 750
Prerecorded Compact Disc,
Tape, and Record
Reproducing.
* * * * * * *
335210.......................... Small Electrical Appliance ............................... 750
Manufacturing.
* * * * * * *
336310.......................... Motor Vehicle Gasoline ............................... 750
Engine and Engine Parts
Manufacturing.
336320.......................... Motor Vehicle Electrical ............................... 750
and Electronic Equipment
Manufacturing.
* * * * * * *
336390.......................... Other Motor Vehicle Parts ............................... 750
Manufacturing.
* * * * * * *
>339910......................... Jewelry and Silverware ............................... 500
Manufacturing.
* * * * * * *
339930.......................... Doll, Toy, and Game ............................... 500
Manufacturing.
339940.......................... Office Supplies (except ............................... 500
Paper) Manufacturing.
* * * * * * *
441228.......................... Motorcycle, ATV, and All 30.0........................... .................
Other Motor Vehicle
Dealers.
* * * * * * *
443141.......................... Household Appliance Stores 10.0........................... .................
443142.......................... Electronics Stores........ 30.0........................... .................
* * * * * * *
454310.......................... Fuel Dealers.............. ............................... 50
* * * * * * *
722511.......................... Full-Service Restaurants.. 7.0............................ .................
722513.......................... Limited-Service 10.0........................... .................
Restaurants.
722514.......................... Cafeterias, Grill Buffets, 25.5........................... .................
and Buffets.
722515.......................... Snack and Nonalcoholic 7.0............................ .................
Beverage Bars.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ NAICS codes 221111, 221112, 221113, 221114, 221115, 221116, 221117, 221118, 221121, and 221122--A firm is
small if, including its affiliates, it is primarily engaged in the generation, transmission, and/or
distribution of electric energy for sale and its total electric output for the preceding fiscal year did not
exceed 4 million megawatt hours.
[[Page 50012]]
* * * * *
Dated: August 8, 2012.
Karen G. Mills,
Administrator.
[FR Doc. 2012-19973 Filed 8-17-12; 8:45 am]
BILLING CODE 8025-01-P