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The Federal Government has established a web site site,
REGULATIONS.GOV, where you can find, review, and submit comments on Federal documents that are open for comment and published in the Federal Register, the Government’s legal newspaper. As a member of the public, you can submit comments about these regulations, and have the Government take your views into account. The web site makes it easier for you to participate in Federal rulemaking - an essential part of the American democratic process.
Heating Oil Dealers
Proposed Rule to Increase
The U.S. Small Business Administration (SBA) has proposed to change the small business size standard for the Heating Oil Dealers industry (North American Industry Classification System (NAICS) code 454311)) from $11.5 million in average annual receipts to 50 employees, and the size standard for the Liquefied Petroleum Gas (Bottled Gas) Dealers industry (NAICS code 454312) from $6.5 million in average annual receipts to 50 employees. Large and fluctuating increases in the prices of heating oil and propane over the past several years indicate that a more stable measure of firm size based on number of employees rather than receipts is needed for these two industries.
SBA must receive comments to the proposed rule on or before November 30, 2007.
To submit comments, please go to regulations.gov and use "SBA-2007-0008-0001" (no quotes) as your document ID search term and/or "SBA-2007-0008" (no quotes) as your docket ID search term to locate the proposed rule.
You may download and/or read the proposed rule. TXT PDF
NAICS 2007
On August 29, 2007 the U.S. Small Business Administration (SBA) has amended its Small Business Size Regulations by incorporating the Office of Management and Budget's 2007 modifications of the North American Industry Classification System (NAICS) in its table of small business size standards. These modifications are few in number and result in revisions to size standards for three industries and four activities within other industries. SBA believes that this rule is routine and non-controversial, and the Agency anticipates no significant adverse comment. If SBA receives a significant adverse comment, it will withdraw the rule. SBA published concurrently in August 29, 2007 the Federal Register a proposed rule to achieve the same result, that is, to modify its Small Business Size Regulations as contemplated in this direct final rule.
The rule is effective October 1, 2007, without further action, unless SBA receives a significant adverse comment by September 28, 2007. If SBA receives any significant adverse comments, the Agency will publish a timely withdrawal of this rule in the Federal Register.
To submit comments, please go to regulations.gov and use “RIN 3245-AF66” (no quotes) as your search term to locate the proposed rule.
You may download and/or read the direct final rule. TXT PDF
NAICS 2007
On August 29, 2007 the U.S. Small Business Administration (SBA) proposed to amend its Small Business Size Regulations by incorporating the Office of Management and Budget's 2007 modifications to the North American Industry Classification System (NAICS) in its table of small business size standards. These modifications are few in number and result in revisions to size standards for three industries and four activities within other industries. SBA believes that this proposal is routine and non-controversial, and the Agency anticipates no significant adverse comment. Therefore, SBA published concurrently in the August 29, 2007 Federal Register a direct final rule to expedite modifying its Small Business Size Regulations as described in the proposed rule. If SBA receives any significant adverse comment to the direct final rule, it will withdraw it, and consider those comments in connection with this proposed rule.
SBA must receive comments to the proposed rule on or before September 28, 2007.
To submit comments, please go to regulations.gov and use “RN 3245-AF68” (no quotes) as your search term to locate the proposed rule.
You may download and/or read the proposed rule. TXT PDF
SBA proposes to change how
Proposed Rule
The U.S. Small Business Administration (SBA) has proposed to change how it calculates a concern’s number of employees in determining its small business size status. SBA currently uses a rolling average number of employees for the immediately preceding 12 calendar months (13 CFR § 121.106). SBA’s proposal would alter the period from a 12 month rolling average to a firm’s average number of employees for its 3 immediately preceding completed calendar years. This proposal will simplify the calculation of the average number of employees, reduce the burden on small businesses, and better define the size of a small business where number of employees is the measure for the size standard.
You must submit your comments to SBA on or before September 25, 2007. Submit your comments, idenified by RIN 3245-AF60 in one of the two following ways: (1) Use the Federal eRulemaking Portal: regulations.gov. Follow the instructions there for submitting comments; or (2) Mail/Hand Delivery/Courier them to Gary M. Jackson, Division Chief for Size Standards, 409 Third Street, SW, Mail Code 6530, Washington, DC 20416.
You may read and/or download the proposed rule, published in the Federal Register on July 27, 2007. TXT PDF
Size for Purposes of Government-Wide Acquisition Contracts,
Final rule
The U.S. Small Business Administration has amended its regulations to address the time at which size is determined for the purposes of long-term Federal contracts including Government-Wide Acquisition Contracts, the General Services Administration (GSA) Multiple Award Schedule (MAS) contracts and multi-agency contracts. SBA also amended its 8(a) Business Development regulations to address when a business concern may receive orders as an 8(a) program participant under GSA's MAS Program and other multiple award contracts. This final action is necessary to ensure that small business size status is accurately represented and reported over the life of these long-term Federal contracts.
This rule will take effect June 30, 2007, and will apply to solicitations and contracts issued after the effect date, as well as contracts and solicitations in existence at the time of the effective date.
Please read the final rule. TXT PDF
Also available are SBA's press release and questions and answers about this rule.
You may read and/or download the proposed rule, published in the Federal Register on April 25, 2003. TXT PDF
Air Traffic Control, Other Airport Operations
The U.S. Small Business Administration (SBA) has proposed to increase the size standard for the Air Traffic Control (North American Classification Systems (NAICS) 488111), Other Airport Operations (NAICS 488119), and Other Support Activities for Air Transportation (NAICS 488190) industries. SBA has proposed increasing the size standards from $6.5 million in average annual receipts to $21 million in average annual receipts. SBA has proposed these revisions to define the size of a small business in these industries better, based on its review of the industries' characteristics.
DATES: Comments must be received by SBA on or before June 16, 2006.
Please see the Federal government's eRulemaking Portal: regulations.gov.
You may read and/or download the proposedl rule published in the May 17, 2006 Federal Register. TXT PDF
SBA increases small business size standards
SBA has adjusted its monetary-based size standards (e.g., receipts, net worth, and financial assets), for the effect of inflation that has occurred since the last inflation adjustment in February 2002. Since the last inflation adjustment, the general level of prices has increased 8.7%. This action restores small business eligibility to businesses that have lost that status due to inflation. In addition, this rule changes the process for determining the size of small business concerns applying for SBA Business Loans and Economic Injury Disaster Loans (EIDL) from a test considering only the primary industry of the applicant, to a two-part test considering both the primary industry of the applicant and the primary industry of the applicant with affiliates. This rule also changes the date on which SBA determines size status for purpose of EIDL applications for businesses located in disaster areas declared as a result of Hurricanes Katrina, Rita, and Wilma.
The increased size standards are effective December 5, 2005.
For purposes of Federal procurements, this rule applies to solicitations, except for noncompetitive section 8(a) contracts, issued on or after January 5, 2006. For purposes of noncompetitive section 8(a) contracting actions, the new size standards are applicable to offers of requirements that are accepted by SBA on or after January 5, 2006.
Comments to the interim final rule are due by close of business January 5, 2006.
You may read and/or download the interim final rule published in the December 5, 2005 Federal Register. TXT PDF
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