DATE: November 22, 2002

SUBJECT: Small Business Administration; Small Business Size Standards and Proceedings of the Office of Hearings and Appeals

SOURCE: Federal Register, November 22, 2002, Vol. 67, No. 226, page 70339

AGENCIES: Small Business Administration (SBA)

ACTION: Proposed Rule

SYNOPSIS: SBA is proposing to amend its small business size regulations and the regulations applying to appeals of size determinations. The proposed rule would amend the definitions of affiliation, annual receipts, and employees, and it would make procedural and technical changes to cover new programs such as the Historically Underutilized Business Zone (HUBZone) program and the governmentwide Small Disadvantaged Business (SDB) program. Also, the proposed rule would codify several longstanding precedents of SBA's Office of Hearings and Appeals (OHA) and would clarify the jurisdiction of that office.

EDITOR'S NOTE: The SBA's regulations are in Title 13 of the Code of Federal Regulations (CFR), Chapter 1, Small Business Administration. The SBA small business size regulations are in Part 121, Small Business Size Regulations, and its OHA regulations are in Part 134, Rules of Procedure Governing Cases Before the Office of Hearings and Appeals.

DATES: Comments must be received no later than January 21, 2003.

ADDRESSES: Comments should be sent to John W. Klein, Associate General Counsel for Procurement Law, Small Business Administration, 409 3rd Street, SW, Washington, DC 20416.

FOR FURTHER INFORMATION CONTACT: Laura M. Eyester, Office of General Counsel, 202-619-1801.

SUPPLEMENTAL INFORMATION: With a few exceptions, SBA size standards in 13 CFR Part 121 are based on either average annual receipts or number of employees, depending on the industry. When measuring a concern's size, the receipts or employees of affiliated concerns are included. The proposed rule would modify the definitions of affiliation, annual receipts, and number of employees. In addition, SBA would revise 13 CFR Part 134 to clarify the jurisdiction of SBA's OHA and make technical amendments.

The primary changes being proposed are as follows:

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2002 by Panoptic Enterprises. All Rights Reserved.

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