[Federal Register: December 18, 2001 (Volume 66, Number 243)]
[Rules and Regulations]               
[Page 65370]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]





48 CFR Parts 5, 12, 19, 23, 52, and 53

[FAC 2001-02; FAR Case 2000-604; Item VII]
RIN 9000-AI75

Federal Acquisition Regulation; North American Industry 
Classification System

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.


SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are finalizing, with minor 
changes, the interim rule concerning the North American Industry 
Classification System (NAICS), that was published in the Federal 
Register at 65 FR 46055, July 26, 2000. The rule converts size 
standards and other programs in the Federal Acquisition Regulation 
(FAR) based on the Standard Industrial Classification (SIC) system to 

DATES: Effective Date: December 18, 2001.

Building, Washington, DC, 20405, (202) 501-4755, for information 
pertaining to status or publication schedules. For clarification of 
content, contact Ms. Rhonda Cundiff, Procurement Analyst, at (202) 501-
0044. Please cite FAC 2001-02, FAR case 2000-604.


A. Background

    NAICS is a new system that classifies establishments according to 
how they conduct their economic activity. It is a significant 
improvement over the SIC. On May 15, 2000, the Small Business 
Administration (SBA) published a final rule basing small business size 
standards on NAICS rather than SIC codes effective the start of the 
Federal Government's fiscal year 2001.
    In addition, this rule includes two technical amendments. FAR 
19.102(h) updates the Internet address for the industry size standards 
published by the Small Business Administration. FAR 19.1005(a) 
reinstates language omitted inadvertently.
    An interim rule was published in FAC 97-19 in the Federal Register 
at 65 FR 46055, July 26, 2000, to conform the FAR to the changes issued 
by SBA to the size standards and convert other programs in the FAR 
currently based on SIC codes to NAICS. Two comments were received in 
response to the interim rule. Those comments were considered in 
formulation of the final rule.
    This is not a significant regulatory action, and therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., because the coding changes are 
primarily internal to the Federal Government. External uses of the 
codes under the small business subcontracting program and small 
disadvantaged business participation programs are primarily limited to 
large businesses and involve only use of NAICS rather than SIC tables.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
3501, et seq.

List of Subjects in 48 CFR Parts 5, 12, 19, 23, 52, and 53

    Government procurement.

    Dated: December 5, 2001.
Al Matera,
Director, Acquisition Policy Division.

Interim Rule Adopted as Final With Minor Changes

    Accordingly, DoD, GSA, and NASA adopt the interim rule amending 48 
CFR parts 5, 12, 19, 23, 52, and 53, which was published in the Federal 
Register at 65 FR 46055, July 26, 2000, as a final rule with the 
following changes:


    1. The authority citation for 48 CFR part 19 continues to read as 

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and42 U.S.C. 

    2. In section 19.102, revise paragraph (h) to read as follows:

19.102  Size standards.

* * * * *
    (h) The industry size standards are published by the Small Business 
Administration and are available via the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.sba.gov/size.

19.1005  [Amended]

    3. Amend section 19.1005 in the heading of the table in paragraph 
(a) by removing ``Construction'' and adding ``Construction (except 
dredging)'' in its place.

[FR Doc. 01-30544 Filed 12-17-01; 8:45 am]