Small Business Size Standards; Size Standards by 2002 North American Industry Classification System

SMALL BUSINESS ADMINISTRATION

13 CFR Part 121

RIN 3245-AE99

Small Business Size Standards; Size Standards by 2002 North American Industry Classification System

AGENCY:

Small Business Administration (SBA).

ACTION:

Proposed rule.

SUMMARY:

The U.S. Small Business Administration (SBA) proposes to amend its Small Business Size Regulations by incorporating the Office of Management and Budget's (OMB) 2002 modifications of the North American Industry Classification System (NAICS) into its table of small business size standards. These modifications are limited to industries in six (6) NAICS Sectors. The modifications result in a small number of size standard changes to certain NAICS activities.

SBA believes that the subject of this proposed rule is noncontroversial and routine, and SBA anticipates no adverse comments to this proposal. Therefore, SBA is publishing concurrently in this issue of the

Federal Register

a direct final rule to achieve the same result, that is, to modify its Small Business Size Regulations as proposed here.

DATES:

SBA must receive comments to this proposed rule on or before September 12, 2002.

ADDRESSES:

Address all comments concerning this rule to Gary M. Jackson, Assistant Administrator for Size Standards, Office of Size Standards, 409 3rd Street, SW., Washington, DC 20416, via email to

sizestandards@sba.gov

, or via facsimile, (202) 205-6390. SBA will make all public comments available to any person or concern upon request.

FOR FURTHER INFORMATION CONTACT:

Carl Jordan, Office of Size Standards, at (202) 205-6618 or

sizestandards@sba.gov.

SUPPLEMENTARY INFORMATION:

SBA adopted NAICS industry definitions as a basis for its table of small business size standards effective October 1, 2000. The final rule was published in the

Federal Register

on May 5, 2000 (65 FR 30836) and states the SBA Administrator's determination that the industry descriptions in NAICS shall be the basis for small business size standards.

OMB restructured and modified parts of NAICS effective January 1, 2002. This rule both incorporates the restructuring and modifications into SBA's table of size standards. NAICS 2002 is the same as NAICS 1997 for sixteen of the twenty industry sectors. Construction and wholesale trade are substantially changed. NAICS 2002 also modified a number of retail trade classifications and the organization of the information sector.

13 CFR 121.101(b) states “NAICS is described in the

North American Industry Classification Manual—United States, 1997

* * *.” At the time SBA published the final rule in the

Federal Register

, the only description of NAICS available was the NAICS 1997 manual. However, with OMB's 2002 modification of NAICS 1997, SBA believes that retaining a definition in its regulations based on a particular year is confusing and inconsistent with the

SBA Administrator's determination in the May 5, 2000,

Federal Register

notice, which does not refer to any specific year.

How SBA Arrived at the Size Standards for NAICS 2002 Industries

On October 22, 1999, SBA published in the

Federal Register

(64 FR 57188) a proposed rule to establish a new table of small business size standards based on NAICS. SBA developed guidelines to transition from the Standard Industrial Classification System to NAICS. The guidelines were intended to minimize the impact on SBA's small business size standards. Table A, below, lists those guidelines. SBA received no negative comments to the guidelines specified in the proposed rule. Because the guidelines produced the desired results and received public acceptance, SBA published its final rule on May 5, 2000 (corrected on September 5, 2000, 65 FR 53533), establishing a new table of size standards based on NAICS without change from its proposed rule. For purposes of adopting NAICS 2002, SBA is applying the same guidelines in this rule.

Table A

If the NAICS 2002 industry is composed of:

The size standard for the NAICS industry would be:

1. One NAICS 1997 industry or part of one NAICS 1997 industry

The same size standard as for the NAICS 1997 industry or part.

2. More than one NAICS 1997 industry; parts of more than one NAICS 1997 industry; or one more NAICS 1997 industry and part(s) of one or more NAICS 1997 industry,

and

they all have the same size standard.

The same size standard as for those NAICS 1997 industries or parts of NAICS 1997 industries.

3. More than one NAICS 1997 industry; parts of more than one NAICS 1997 industry; or one or more NAICS 1997 industry and part(s) of one or more NAICS 1997 industry,

and

they do not all have the same size standard.

The same size standard as for the NAICS 1997 industry or NAICS 1997 industry part(s) that most closely matches the economic activity described by the NAICS 2002 industry.

4. One or more parts of an NAICS 1997 industry for which SBA has established specific size standards (

i.e.,

further segmented).

The same size standard as for that specific NAICS 1997 industry part.

5. One or more NAICS 1997 industries and/or parts of NAICS 1997 industries that were categorized broadly under the NAICS system as Services, Retail Trade, Wholesale Trade or Manufacturing, but are now categorized differently under NAICS.

SBA will (a) apply a size standard measure (

e.g.

, number of employees, annual receipts) typical of the NAICS Sector; and (b) apply the corresponding “anchor” size standard. The “anchor” size standards are $6 million [effective February 22, 2002] for Services and Retail Trade, 500 employees for Manufacturing and 100 employees for Wholesale Trade (except for Federal procurement programs, where the standard is 500 employees under the non-manufacturer rule).

Changes in Size Standards

Applying the guidelines to the NAICS 2002 restructuring and modifications results in a limited number of changes to current small business size standards. Specifically, there are 12 economic activities within nine (9) NAICS 1997 industries that reflect a size standard change when related to NAICS 2002. Eight (8) of those 12 economic activities increase, three (3) decrease, and for the remaining activity the basis for the size standard changes from annual receipts to number of employees. For the balance of the NAICS 1997 codes and their size standards, there are no size standards changes as a result of the NAICS 2002 reclassifications and recategorizations.

For complete information on the relationship between NAICS 1997 and NAICS 2002, please see the U.S. Bureau of the Census (Census Bureau) Web site at

http://www.census.gov/epcd/naics02/

That Web site contains complete information on the establishment and implementation of NAICS 2002, including the January 16, 2001 (66 FR 3825)

Federal Register

notice of final decision to adopt NAICS 2002. The Census Bureau's Web site also contains three correspondence tables: (1) 2002 NAICS-US matched to 1997 NAICS-US; (2) 1997 NAICS-US matched to 2002 NAICS-US; and (3) 2002 NAICS-US matched to 1987 Standard Industrial Classification.

Table B below identifies the twelve (12) NAICS 1997 industries and economic activities that have revised size standards in the new table based on industries as they are described in NAICS 2002.

Table B

NAICS 1997

Code

Size std.

($ million)

NAICS 1997 activity

NAICS 2002

Code

Size std.

($ million)

NAICS 2002 industry

213112

$6.0

Construction of Field Gathering Lines on a Contract Basis (one activity of the Support Activities for Oil and Gas Operations Industry)

237120

$28.5

Oil and Gas Pipeline and Related Structures Construction.

213112

6.0

Site Preparation and Related Construction Activities on a Contract Basis (one activity of the Support Activities for Oil and Gas Operations Industry)

238910

12.0

Site Preparation Contractors.

213113

6.0

Site Preparation and Related Construction Activities on a Contract Basis (one activity of the Support Activities for Coal Mining Industry)

238910

12.0

Site Preparation Contractors.

213114

6.0

Site Preparation and Related Construction Activities on a Contract Basis (one activity of the Support Activities for Metal Mining Industry)

238910

12.0

Site Preparation Contractors.

213115

6.0

Site Preparation and Related Construction Activities on a Contract Basis (one activity of the Support Activities for Nonmetallic Minerals Industry)

238910

12.0

Site Preparation Contractors.

234990

28.5

Right-of-way Clearing and Line Slashing, Blasting, Trenching, and Equipment Rental (Except Cranes) With Operator (three activities of the All Other Heavy Construction Industry)

238910

12.0

Site Preparation Contractors.

234990

28.5

Rental of Cranes With Operator (one activity of the All Other Heavy Construction Industry)

238990

12.0

All Other Specialty Trade Contractors.

235810

12.0

Water Well Drilling Contractors (Entire Industry)

237110

28.5

Water and Sewer Line and Related Structures Construction.

235990

12.0

Indoor Swimming Pools (one activity if the All Other Special Trade Contractors Industry)

236220

28.5

Commercial and Institutional Building Construction.

235990

12.0

Anchored Earth Retention Contractors (one activity if the All Other Special Trade Contractors Industry)

237990

28.5

Other Heavy and Civil Engineering Construction.

514199

6.0

Internet Broadcasting (one activity of the All Other Information Services Industry)

516110

(

1

)

Internet Publishing and Broadcasting.

561720

14.0

Cleaning Buildings During and Immediately after Construction (one activity of the Janitorial Services Industry)

238990

12.0

All Other Specialty Trade Contractors.

1

500 Emp.

The 12 activities with a size standard change moved to seven (7) NAICS 2002 industries. Tables 3 through 9 show the composition of these NAICS 2002 industries and discuss the basis for selecting their size standards.

1. NAICS 236220, Commercial and Institutional Building Construction, $28.5 Million

This industry is the same as NAICS 233320 (NAICS 1997) with the addition of several activities from parts of three other construction (NAICS 1997) industries (see Table 1). Only one activity within the revised industry did not have a size standard of $28.5 million under NAICS 1997. The activities of the previously defined industry continue to represent most activities in the industry. Therefore, the $28.5 million size standard for this industry is retained.

Table 1

NAICS 1997 activity

NAICS 1997 code

(*=part)

Size standard

($ million)

Barrack and Dormitory Construction (one activity of the Multifamily Housing Construction Industry)

233220

$28.5

Grain Elevators, Dry Cleaning Plants, and Manufacturing and Industrial Warehouses (activities of the Manufacturing and Industrial Building Construction Industry)

*233310

28.5

Commercial and Institutional Building Construction (entire industry)

*233320

28.5

Indoor Swimming Pools (one activity of the All Other Special Trade Contractors Industry)

*235990

12.0

2. NAICS 237110, Water and Sewer Line and Related Structures Construction, $28.5 Million

This industry is the same as NAICS 234910 (NAICS 1997) with the addition of several heavy construction related activities and the Water Well Drilling industry (see Table 2). Water and sewer line activities constituted a large majority of the previously defined industry. The inclusion of the Water Well Drilling industry accounts for less than 15 percent of the revised industry. The activities of the previously defined industry continue to represent most activities in the industry. Therefore, the $28.5 million size standard for this industry is retained.

Table 2

NAICS 1997 activity

NAICS 1997 code

(*=part)

Size standard

($ million)

Water/Sewer Pumping Stations, Sewage Collection and Disposal Lines, Storm Sewers, Sewer/Water Mains and Lines, Water Storage Tanks and Towers, and Construction Management of these Projects (activities of the Water, Sewer, and Pipeline Construction Industry)

234910

$28.5

Irrigation Systems, Sewage Treatment and Water Treatment Plants, Construction Management of these Projects (activities of the All Other Heavy Construction Industry)

*234990

28.5

Water Well Drilling Contractors (entire industry)

235810

12.0

3. NAICS 237120, Oil and Gas Pipeline and Related Structures Construction, $28.5 Million

This is a new industry under the Heavy and Civil Engineering Subsector. It is comprised of activities from parts of three NAICS 1997 industries (see Table 3). All but one activity comprising this new industry had a $28.5 million size standard under NAICS 1997. Therefore, a $28.5 million size standard is adopted for this industry.

Table 3

NAICS 1997 activity

NAICS 1997 code

(*=part)

Size standard

($ million)

Construction of Field Gathering Lines on a Contract Basis (one activity of the Support Activities for Oil and Gas Operations Industry)

*213112

$6.0

Gas and Oil Pumping Stations, Gas and Oil Pipeline Construction, Gas Mains, Gas and Oil Storage Tank Construction, and Construction Management of these Projects (activities of the Water, Sewer, and Pipeline Construction Industry)

*234910

28.5

Petrochemical Plants, Refineries, and Construction Management of these Projects (activities of the Industrial Nonbuilding Structure Construction Industry)

*234930

28.5

4. NAICS 237990, Other Heavy and Civil Engineering Construction, $28.5 Million

This industry is the same as NAICS 234990 (NAICS 1997) with a few minor changes (see Table 4). Two activities of parts of two construction industries were added to the previous NAICS 1997 industry and several activities were transferred from NAICS 234990 to other construction industries. Only one activity had a size standard different than $28.5 million under NAICS 1997. The activities of the previously defined industry continue to represent most activities in the industry. Therefore, the $28.5 million size standard for this industry is retained.

Table 4

NAICS 1997 activity

NAICS 1997 code

(*=part)

Size standard

($ million)

Tunnel Construction (one activity of the Bridge and Tunnel Construction Industry)

*234910

$28.5

All Other Heavy Construction (Except Waste Disposal Plant Construction, Irrigation Systems, Sewage Treatment and Water Treatment Plants, Right-of-way Clearing and Line Slashing, Blasting, Trenching, and Equipment Rental with Operator)

234990

28.5

Anchored Earth Retention Contractors (one activity of the Other Special Trade Contractors Industry)

*235810

12.0

5. NAICS 238910, Site Preparation Contractors, $12.0 Million

This is a revised industry under the Special Trade Contractors Subsector. It is comprised predominately of two Special Trade Contractors industries. In addition, the revised industry includes one activity from parts of four mining support industries, several activities from part of one heavy construction industry, and several activities from parts of two other Special Trade Contractors industries (see Table 5). Because most of the activities of the revised industry are from NAICS 1997 Special Trade Contractors industries, a $12.0 million size standard is adopted for this industry.

Table 5

NAICS 1997 activity

NAICS 1997 code

(*=part)

Size standard

($ million)

Site Preparation and Related Construction Activities on a Contract Basis (one activity of the Support Activities for Oil and Gas Operations Industry)

*213112

$6.0

Site Preparation and Related Construction Activities on a Contract Basis (one activity of the Support Activities for Coal Mining Industry)

*213113

6.0

Site Preparation and Related Construction Activities on a Contract Basis (one activity of the Support Activities for Metal Mining Industry)

*213114

6.0

Site Preparation and Related Construction Activities on a Contract Basis (one activity of the Support Activities for Nonmetallic Minerals (except Fuels) Industry

*213115

6.0

Right-of-way Clearing and Line Slashing, Blasting, Trenching, and Equipment Rental (except cranes) with Operator (Activities of the All Other Heavy Construction Industry)

*234990

28.5

Septic Tank, Cesspool, and Dry Well Construction Contractors (Activities of the Plumbing, Heating, and Air-Conditioning Contractors Industry)

*235110

12.0

Excavation Contractors (Entire Industry)

235930

12.0

Wrecking and Demolition Contractors (Entire Industry)

235940

12.0

Dewatering Contractors, Core Drilling for Construction, and Test Drilling for Construction (Activities of the All Other Special Trade Contractors Industry)

*235990

12.0

6. NAICS 238990, All Other Specialty Trade Contractors, $12.0 Million

This industry is the same as NAICS 235990 under NAICS 1997 with a few minor changes. Several activities of the previous NAICS 1997 industry transferred to other construction industries and three activities from parts of three

other industries were incorporated (see Table 6). The activities of the previously defined industry continue to represent most activities in the industry. Therefore, the $12.0 million size standard is retained.

Table 6

NAICS 1997 activity

NAICS 1997 code

(*=part)

Size standard

($ million)

Rental of Cranes with Operator (one activity of the All Other Heavy Construction Industry)

*234990

$28.5

Residential and Commercial Asphalt, Brick, and Concrete Paving) (one activity of the Concrete Contractors Industry)

*235710

12.0

All Other Special Trade Contractors (except Indoor Swimming Pools, Earth Retention Contractors, Forming Contractors, Ornamental Metal Work, Building Equipment Contractors, Building Finishing Contractors, Dewatering Contractors, Core Drilling for Construction, and Test Boring for Construction)

*235990

12.0

Cleaning Buildings During and Immediately after Construction (one activity of the Janitorial Services Industry)

*561720

14.0

7. NAICS 516110, Internet Publishing and Broadcasting, 500 Employees

This is a new industry under NAICS 2002. It is comprised of activities related to the publishing of materials via the Internet (see Table 7). All but one of these activities had a 500 employee size standard under NAICS 1997. Therefore, 500 employees is established for this industry because it represents the most prevalent size standard for the activities within this new industry.

Table 7

NAICS 1997 activity

NAICS 1997 code

(*=part)

Size standard

Internet Newspaper Publishers (one activity of the Newspaper Publishers Industry)

*511110

500 employees.

Internet Book Publishers (one activity of the Book Publishers Industry)

*511120

500 employees.

Internet Periodical Publishers (one activity of the Periodical Publishers Industry)

*511130

500 employees.

(Internet Directory Publishers (one activity of the Directory and Database Publishers Industry)

*511140

500 employees.

Internet Greeting Card Publishers (one activity of the Greeting Card Publishers Industry)

*511191

500 employees.

All Other Internet Publishers (activities of the All Other Publishers Industry)

*511199

500 employees.

Internet Broadcasting (one activity of the All Other Information Services Industry)

*514199

$6.0 million.

Alternatives to Adopting NAICS 2002 That SBA Considered

SBA considered retaining the NAICS 1997 codes as the basis for small business size standards. However, SBA believes that doing so will lead to inconsistency with other Federal agencies that adopt NAICS 2002 for their programs. More importantly, if SBA does not adopt NAICS 2002 it will not be able to analyze and evaluate small business size standards adequately because available Census Bureau data based on NAICS 2002 industries will not be compatible with NAICS 1997 industry data. Without useful data SBA cannot properly analyze size standards and their effects on businesses.

An alternative to not adopting NAICS 2002 as a basis for size standards is to adopt part(s) of NAICS 2002. SBA believes this alternative is impractical because of the inherent inconsistencies that would result in using industry definitions from two systems.

Consideration of Comments

SBA will consider all comments submitted to this proposed rule. Commenters should address whether they agree SBA should adopt NAICS 2002 and what they believe the impact on small businesses will be. SBA will carefully consider these comments prior to making a final decision on adopting the NAICS 2002.

Other Change

SBA also proposes to make an administrative change to the heading of the size standards table. In the table titled “Small Business Size Standards by NAICS Industry” (13 CFR 121.201), SBA is removing “N.E.C. = Not Elsewhere Classified” from the heading. “N.E.C.” is not used in NAICS because NAICS contains no unclassified industries, unlike the Standard Industrial Classification system.

Compliance With Executive Orders 12866, 12988, and 13132, the Paperwork Reduction Act (44 U.S.C. Ch. 35.) and the Regulatory Flexibility Act (5 U.S.C. 601-612)

OMB has determined that this rule is not a “significant” regulatory action for purposes of Executive Order (E.O.) 12866. This rule incorporates the latest revisions of the NAICS, which is being used by SBA to identify industries in the economy for purposes of establishing small business size standards. As discussed in the preamble, the size standard of a limited number of activities will change as a result the NAICS revisions. Almost all businesses currently defined as small under the NAICS 1997 industries will continue to be small under the NAICS 2002 industries. The rule also affects Federal Government programs that provide a benefit for businesses. SBA welcomes comments describing the impact on small businesses of the size

standard changes resulting from this rule.

Furthermore, SBA was made aware that some Federal Government programs had already begun to use, albeit improperly, the NAICS 2002 codes and assigned small business size standards to them. SBA believes that these actions indicate that Federal agencies expect to use and will readily accept the NAICS 2002 codes.

For purposes of E.O. 12988, SBA has determined that this rule is drafted, to the extent practicable, in accordance with the standards set forth in that order.

For purposes of E.O. 13132, SBA has determined that this rule does not have any federalism implications warranting the preparation of a Federalism Assessment.

For purposes of the Paperwork Reduction Act, 44 U.S.C. Ch. 35, SBA has determined that this rule does not impose any new reporting or recordkeeping requirements.

When an agency promulgates a rule, the Regulatory Flexibility Act (5 U.S.C. 601-612) requires the agency to prepare a regulatory flexibility analysis describing the economic impact of the rule on small entities and alternatives that may minimize that impact. Section 605 of the RFA allows an agency to certify a rule, in lieu of preparing an analysis, if the rulemaking is not expected to have a significant economic impact on a substantial number of small entities. SBA has determined that this rule as drafted, including the alternatives discussed in the supplementary information above, will not have a significant impact on a substantial number of small entities. OMB's modifications are the restructuring and recategorization of the construction and wholesale trade sectors, and a small number of industries in the retail and information sectors. The modifications result in size standards changes to a minimal number of activities within certain NAICS industries detailed above in the supplementary information, with little, if any, effect on small businesses. Those activities now relate to more appropriate NAICS codes.

As part of OMB's restructuring of certain NAICS industries, a small number of specific activities within certain NAICS 1997 codes were classified within NAICS 2002 industries that have size standards different from what they had been in NAICS 1997. They are listed in Table B, above. These activities are very specialized, and the Census Bureau does not publish data on these activities upon which to precisely assess the impact on small businesses. SBA believes that the impact on small businesses is minimal because these activities represent minor components of the NAICS 1997 industries from which they are derived. Only NAICS 235810, Water Well Drilling Contractors, is reclassified in its entirety to an industry with a different size standard, namely NAICS 237110, Water and Sewer Line and Related Structures Construction. Based on 1997 Economic Census data, there were only four water well drilling contractors out of a total of 3,795 that had annual receipts between $12.0 million and $28.5 million. SBA does not consider this number of businesses affected by a size standard change to be substantial.

List of Subjects in 13 CFR Part 121

Administrative practice and procedure, Government procurement, Government property, Grant programs—business, Loan programs—business, Reporting and recordkeeping requirements, Small businesses.

For the reasons stated in the preamble, SBA amends part 121 of title 13 of the Code of Federal Regulations as follows:

PART 121—SMALL BUSINESS SIZE REGULATIONS

1. The authority citation for part 121 continues to read as follows:

Authority:

15 U.S.C. 632(a), 634(b)(6), 637(a), 644(c), and 662(5); and Sec. 304, Pub. L. 103-403,108 Stat. 4175, 4188.

2. Amend the first sentence of § 121.101(b) to remove “

1997

”.

3. Amend § 121.201 as follows:

a. In the table “Small Business Size Standards by NAICS Industry,” remove the heading “Description (N.E.C. = Not Elsewhere Classified)” and add in its place “NAICS U.S. industry title”.

b. In the table “Small Business Size Standards by NAICS Industry,” remove the following three (3) Subsectors together with all entries within those Subsectors: Subsector 233—Building, Developing and General Contracting, Subsector 234—Heavy Construction, and Subsector 235—Special Trade Contractors, and add in their place the following:

Small Business Size Standards by NAICS Industry

NAICS codes

NAICS U.S. industry title

Size standards in number of employees or million of dollars

*        *        *        *        *        *        *

Subsector 236—Construction of Buildings

236115

New Single-Family Housing Construction (except Operative Builders)

$28.5

236116

New Multifamily Housing Construction (except Operative Builders)

28.5

236117

New Housing Operative Builders

28.5

236118

Residential Remodelers

28.5

236210

Industrial Building Construction

28.5

236220

Commercial and Institutional Building Construction

28.5

Subsector 237—Heavy and Civil Engineering Construction

237110

Water and Sewer Line and Related Structures Construction

28.5

237120

Oil and Gas Pipeline and Related Structures Construction

28.5

237130

Power and Communication Line and Related Structures Construction

28.5

237210

Land Subdivision

6.0

237310

Highway, Street, and Bridge Construction

28.5

237990

Other Heavy and Civil Engineering Construction

28.5

Except

Except Dredging and Surface Cleanup Activities

17.0

2

Subsector 238—Specialty Trade Contractors

238110

Poured Concrete Foundation and Structure Contractors

12.0

238120

Structural Steel and Precast Concrete Contractors

12.0

238130

Framing Contractors

12.0

238140

Masonry Contractors

12.0

238150

Glass and Glazing Contractors

12.0

238160

Roofing Contractors

12.0

238170

Siding Contractors

12.0

238190

Other Foundation, Structure, and Building Exterior Contractors

12.0

238210

Electrical Contractors

12.0

238220

Plumbing, Heating, and Air Conditioning Contractors

12.0

238290

Other Building Equipment Contractors

12.0

238310

Drywall and Insulation Contractors

12.0

238320

Painting and Wall Covering Contractors

12.0

238330

Flooring Contractors

12.0

238340

Tile and Terrazzo Contractors

12.0

238350

Finish Carpentry Contractors

12.0

238390

Other Building Finishing Contractors

12.0

238910

Site Preparation Contractors

12.0

238990

All Other Specialty Trade Contractors

12.0

Except

Base Housing Maintenance

13

12.0

13

c. In the table “Small Business Size Standards by NAICS Industry,” remove the following two (2) Subsectors together with all entries within those Subsectors: Subsector 421—Wholesale Trade—Durable Goods and Subsector 422—Wholesale Trade—Nondurable Goods, and add in their place the following:

NAICS codes

NAICS U.S. industry title

Size standards in number of employees or million of dollars

Subsector 423—Merchant Wholesalers, Durable Goods

423110

Automobile and Other Motor Vehicle Merchant Wholesalers

100

423120

Motor Vehicle Supplies and New Parts Merchant Wholesalers

100

42313

Tire and Tube Merchant Wholesalers

100

423140

Motor Vehicle Parts (Used) Merchant Wholesalers

100

423210

Furniture Merchant Wholesalers

100

423220

Home Furnishing Merchant Wholesalers

100

423310

Lumber, Plywood, Millwork, and Wood Panel Merchant Wholesalers

100

423320

Brick, Stone, and Related Construction Material Merchant Wholesalers

100

423330

Roofing, Siding, and Insulation Material Merchant Wholesalers

100

423390

Other Construction Material Merchant Wholesalers

100

423410

Photographic Equipment and Supplies Merchant Wholesalers

100

423420

Office Equipment Merchant Wholesalers

100

423430

Computer and Computer Peripheral Equipment and Software Merchant Wholesalers

100

423440

Other Commercial Equipment Merchant Wholesalers

100

423450

Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers

100

423460

Ophthalmic Goods Merchant Wholesalers

100

423490

Other Professional Equipment and Supplies Merchant Wholesalers

100

423510

Metal Service Centers and Other Metal Merchant Wholesalers

100

423520

Coal and Other Mineral and Ore Merchant Wholesalers

100

423610

Electrical Apparatus and Equipment, Wiring Supplies, and Related Equipment Merchant Wholesalers

100

423620

Electrical and Electronic Appliance, Television, and Radio Set Merchant Wholesalers

100

423690

Other Electronic Parts and Equipment Merchant Wholesalers

100

423710

Hardware Merchant Wholesalers

100

423720

Plumbing and Heating Equipment and Supplies (Hydronics) Merchant Wholesalers

100

423730

Warm Air Heating and Air-Conditioning Equipment and Supplies Merchant Wholesalers

100

423740

Refrigeration Equipment and Supplies Merchant Wholesalers

100

423810

Construction and Mining (except Oil Well) Machinery and Equipment Merchant Wholesalers

100

423820

Farm and Garden Machinery and Equipment Merchant Wholesalers

100

423830

Industrial Machinery and Equipment Merchant Wholesalers

100

423840

Industrial Supplies Merchant Wholesalers

100

423850

Service Establishment Equipment and Supplies Merchant Wholesalers

100

423860

Transportation Equipment and Supplies (except Motor Vehicle) Merchant Wholesalers

100

423910

Sporting and Recreational Goods and Supplies Merchant Wholesalers

100

423920

Toy and Hobby Goods and Supplies Merchant Wholesalers

100

423930

Recyclable Material Merchant Wholesalers

100

423940

Jewelry, Watch, Precious Stone, and Precious Metal Merchant Wholesalers

100

423990

Other Miscellaneous Durable Goods Merchant Wholesalers

100

Subsector 424—Merchant Wholesalers, Nondurable Goods

424110

Printing and Writing Paper Merchant Wholesalers

100

424120

Stationery and Office Supplies Merchant Wholesalers

100

424130

Industrial and Personal Service Paper Merchant Wholesalers

100

424210

Drugs and Druggists' Sundries Merchant Wholesalers

100

424310

Piece Goods, Notions, and Other Dry Goods Merchant Wholesalers

100

424320

Men's and Boys' Clothing and Furnishings Merchant Wholesalers

100

424330

Women's, Children's, and Infants' Clothing and Accessories Merchant Wholesalers

100

424340

Footwear Merchant Wholesalers

100

424410

General Line Grocery Merchant Wholesalers

100

424420

Packaged Frozen Food Merchant Wholesalers

100

424430

Dairy Product (except Dried or Canned) Merchant Wholesalers

100

424440

Poultry and Poultry Product Merchant Wholesalers

100

424450

Confectionery Merchant Wholesalers

100

424460

Fish and Seafood Merchant Wholesalers

100

424470

Meat and Meat Product Merchant Wholesalers

100

424480

Fresh Fruit and Vegetable Merchant Wholesalers

100

424490

Other Grocery and Related Products Merchant Wholesalers

100

424510

Grain and Field Bean Merchant Wholesalers

100

424520

Livestock Merchant Wholesalers

100

424590

Other Farm Product Raw Material Merchant Wholesalers

100

424610

Plastics Materials and Basic Forms and Shapes Merchant Wholesalers

100

424690

Other Chemical and Allied Products Merchant Wholesalers

100

424710

Petroleum Bulk Stations and Terminals

100

424720

Petroleum and Petroleum Products Merchant Wholesalers (except Bulk Stations and Terminals)

100

424810

Beer and Ale Merchant Wholesalers

100

424820

Wine and Distilled Alcoholic Beverage Merchant Wholesalers

100

424910

Farm Supplies Merchant Wholesalers

100

424920

Book, Periodical, and Newspaper Merchant Wholesalers

100

424930

Flower, Nursery Stock, and Florists' Supplies Merchant Wholesalers

100

424940

Tobacco and Tobacco Product Merchant Wholesalers

100

424950

Paint, Varnish, and Supplies Merchant Wholesalers

100

424990

Other Miscellaneous Nondurable Goods Merchant Wholesalers

100

Subsector 425—Wholesale Electronic Markets and Agents and Brokers

425110

Business to Business Electronic Markets

100

425120

Wholesale Trade Agents and Brokers

100

d. In the table “Small Business Size Standards by NAICS Industry,” remove the entry 452110, and add in its place the following:

NAICS codes

NAICS U.S. industry title

Size standards in number of employees or million of dollars

452111

Department Stores (except Discount Department Stores)

$23.0

452112

Discount Department Stores

23.0

e. In the table “Small Business Size Standards by NAICS Industry,” remove the entry 454110, and add in its place the following:

NAICS codes

NAICS U.S. industry title

Size standards in number of employees or million of dollars

454111

Electronic Shopping

$21.0

454112

Electronic Auctions

21.0

454113

Mail-Order Houses

21.0

f. In the table “Small Business Size Standards by NAICS Industry,” revise the heading “Subsector 511—Publishing Industries” to read “Subsector 511—Publishing Industries (except internet).”

g. In the table “Small Business Size Standards by NAICS Industry,” in NAICS 511140 revise “Database and Directory Publishers” to read “Directory and Mailing List Publishers.”

h. In the table “Small Business Size Standards by NAICS Industry,” remove the following two (2) Subsectors together with all entries within those Subsectors: Subsector 513—Broadcasting and Telecommunications and Subsector 514 Information Services and Data Processing Services, and add in their place the following:

NAICS codes

NAICS U.S. industry title

Size standards in number of employees or million of dollars

Subsector 515—Broadcasting (except Internet)

515111

Radio Networks

$6.0

515112

Radio Stations

6.0

515120

Television Broadcasting

12.0

515210

Cable and Other Subscription Programming

12.5

Subsector 516—Internet Publishing and Broadcasting

516110

Internet Publishing and Broadcasting

12.5

Subsector 517—Telecommunications

517110

Wired Telecommunications Carriers

1,500

517211

Paging

1,500

517212

Cellular and Other Wireless Telecommunications

1,500

517310

Telecommunications Resellers

1,500

517410

Satellite Telecommunications

12.5

517510

Cable and Other Program Distribution

12.5

517910

Other Telecommunications

21.0

Subsector 518—Internet Service Providers, Web Search Portals, and Data Processing Services

518111

Internet Service Providers

21.0

518112

Web Search Portals

6.0

518210

Data Processing, Hosting, and Related Services

21.0

Subsector 519—Information Services and Data Processing Services

519110

News Syndicates

6.0

519120

Libraries and Archive

6.0

519190

All Other Information Services

6.0

Dated: August 5, 2002.

Hector V. Barreto,

Administrator.

[FR Doc. 02-20358 Filed 8-12-02; 8:45 am]

BILLING CODE 8025-01-P