This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

72763 

Vol. 77, No. 235 

Thursday, December 6, 2012 

1These products included commercial warm air 

furnaces, commercial packaged boilers, and 

commercial air conditioners and heat pumps 

(collectively referred to as commercial HVAC 

equipment); commercial refrigeration equipment; 

commercial water heaters, commercial hot water 

supply boilers, and unfired hot water storage tanks 

(collectively referred to as commercial WH 

equipment); walk-in coolers; walk-in freezers; and 

automatic commercial ice makers. 

DEPARTMENT OF ENERGY 

10 CFR Parts 429 and 431 

[Docket Number: EERE–2012–BT–CE–0048] 

RIN 1904–AC90 

Energy Conservation Program: 

Certification of Commercial and 

Industrial HVAC, Refrigeration and 

Water Heating Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The U.S. Department of 

Energy (DOE or the ‘‘Department’’) 

proposes to amend the compliance dates 

for revisions to its certification 

regulations for certain commercial and 

industrial equipment covered under the 

Energy Policy and Conservation Act of 

1975, as amended (EPCA or the ‘‘Act’’). 

Specifically, DOE is proposing a 12- 

month extension to the compliance date 

for the certification provisions of 

commercial refrigeration equipment; 

commercial heating, ventilating, airconditioning (HVAC) equipment; and 

commercial water heating equipment. 

DOE is proposing to retain a December 

31, 2012 certification date for automatic 

commercial ice makers. Lastly, DOE is 

proposing a correction in the packaged 

terminal equipment standards table, 

which would impact standard-size 

packaged terminal air conditioners and 

packaged terminal heat pumps with a 

cooling capacity of 15,000 Btu/h. 

DATES: DOE will accept comments, data, 

and information regarding the notice of 

proposed rulemaking (NOPR) 

postmarked no later than December 21, 

2012. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2012–BT–CE–0048, by 

any of the following methods: 

• Email: to 

CCENOPR2012CE0048@ee.doe.gov. 

Include EERE–2012–BT–CE–0048 in the 

subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Revisions to Energy Efficiency 

Enforcement Regulations, EERE–2012– 

BT–CE–0048, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0121. Phone: (202) 586–2945. Please 

submit one signed paper original. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 6th 

Floor, 950 L’Enfant Plaza SW., 

Washington, DC 20024. Phone: (202) 

586–2945. Please submit one signed 

paper original. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this 

rulemaking. 

Docket: For access to the docket to 

read background documents, or 

comments received, go to the Federal 

eRulemaking Portal at 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ashley Armstrong, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: 202–586–6590. Email: 

Ashley.Armstrong@ee.doe.gov; and Ms. 

Laura Barhydt, U.S. Department of 

Energy, Office of the General Counsel, 

Forrestal Building, GC–32, 1000 

Independence Avenue SW., 

Washington, DC 20585. Telephone: 

(202) 287–5772. Email: 

Laura.Barhydt@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: On March 

7, 2011, DOE published a final rule in 

the Federal Register that, among other 

things, modified the requirements 

regarding manufacturer submission of 

compliance statements and certification 

reports to DOE (hereafter referred to as 

the March 2011 Final Rule) (76 FR 

12421). These certification provisions 

are central to the Department’s 

regulatory framework for ensuring that 

covered products and equipment sold in 

the Unites States comply with existing 

Federal energy conservation standards 

and associated regulations. 

The March 2011 Final Rule imposed 

new reporting requirements, including a 

requirement that manufacturers submit 

annual reports to the Department 

certifying compliance of their basic 

models with applicable standards. It 

also revised the types of information 

manufacturers must provide in that 

submission. The Department 

emphasized that manufacturers could 

use their discretion in grouping 

individual models as a certified ‘‘basic 

model’’ such that the certified rating for 

the basic model matched the 

represented rating for all included 

models. See 76 FR 12428–12429 for 

more information. This reflected a basic 

requirement of the Department’s 

longstanding self-certification 

compliance regime—that efficiency 

certifications and representations must 

be supported by either testing or an 

approved alternative method of 

estimating efficiency. 

The March 2011 Final Rule provided 

for the revised certification provisions 

to be effective on July 5, 2011. Certain 

manufacturers of particular types of 

commercial and industrial equipment 1

stated that, for a variety of reasons, they 

would be unable to meet that deadline. 

As a result, the Department extended 

the compliance date for certification of 

commercial refrigeration equipment; 

commercial HVAC equipment; 

commercial WH equipment; and walkin coolers and freezers. See 76 FR 38287 

(hereafter referred to as the June 30 

Final Rule). DOE also acknowledged in 

the June 30 Final Rule that numerous 

manufacturers for certain types of 

commercial equipment appear to have 

been making representations of 

efficiency and determining compliance 

with the applicable energy conservation 

standards without testing products in 

accordance with all of the provisions of 

the DOE test procedures, which include 

sampling plans and certification testing 

tolerances. 

In the June 30 Final Rule, DOE stated 

that it believed 18 months would be 

sufficient to provide manufacturers with 

the time necessary to develop the data 

and supporting documentation needed 


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72764 Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Proposed Rules 

2The U.S. Department of Energy Convening 

Report on the Feasibility of a Negotiated 

Rulemaking to Revise the Certification Program for 

Commercial Heating, Ventilating, Air Conditioning, 

and Commercial Refrigeration Equipment can be 

found at http://www.eere.energy.gov/buildings/ 

appliance_standards/pdfs/ 

convening_report_hvac_cre.pdf. 

to populate the certification reports and 

certify compliance with DOE’s 

regulations, including the existing 

testing and sampling procedures. DOE 

also emphasized that all covered 

equipment must meet the applicable 

energy conservation standard and that 

all testing procedures and sampling 

provisions were unaffected by the final 

rule. 

On May 24, 2012, DOE issued a 

proposed rule to revise and expand its 

regulations regarding alternative 

efficiency determination methods 

(AEDMs). AEDMs reduce testing 

burdens by allowing manufacturers to 

use computer simulations, mathematical 

models, and other alternative methods 

to determine the amount of energy used 

or efficiency by a particular basic 

model. AEDM provisions for 

commercial HVAC equipment and 

commercial WH equipment already 

exist, but DOE has proposed to revise 

those regulations and to allow 

manufacturers of commercial 

refrigeration equipment to use AEDMs. 

DOE has not yet finalized the AEDM 

rulemaking. 

In an October 2012, letter to the 

Secretary of Energy, the Air 

Conditioning, Heating and Refrigeration 

Institute (AHRI) requested another 

certification compliance date extension. 

AHRI wrote, the ‘‘AEDM is a critical 

element of the DOE certification process 

as it will help manufacturers comply 

with the regulations without having to 

test every basic model they offer.’’ 

(AHRI, No. 1 at pp. 1–2) As a result, in 

its letter AHRI requested that the 

compliance date for certification be 

extended a minimum of 18 months from 

the date of publication of the AEDM 

final rule. 

The Department agrees that it may 

address some of the concerns raised by 

manufacturers’ by completing the 

AEDM rulemaking. The Department is 

also reviewing the recommendations of 

the Convenor regarding the feasibility of 

a negotiated rulemaking to revise the 

certification requirements for 

commercial HVAC equipment and 

commercial refrigeration equipment.2

As such, the Department agrees with 

AHRI that further extension of the 

December 31, 2012 compliance date 

may be warranted for commercial 

refrigeration equipment; commercial 

HVAC equipment; and commercial WH 

equipment. However, as all 

manufacturers should have at least some 

valid test data upon which to develop 

a substantiated AEDM, DOE does not 

believe that an extension for the length 

of time after finalization of an AEDM 

rule requested by AHRI would be 

necessary. Further, the potential for 

issues raised by manufacturers to be 

addressed through a negotiated 

rulemaking also suggests that the time 

requested by AHRI may be longer than 

necessary. Accordingly, the Department 

is proposing a 12-month delay in the 

compliance date for submission of a 

certification report for commercial 

refrigeration equipment, commercial 

HVAC equipment, and commercial WH 

equipment. However, DOE is requesting 

comment on its assumption regarding 

the existence of test data. We also seek 

comment on whether a longer or shorter 

period of time would be more 

appropriate. 

If the Department adopts in a final 

rule a delayed compliance date for 

submission of certification reports, DOE 

will also implement an enforcement 

policy to encourage voluntary 

certifications. Specifically, during the 

interim period, DOE would not perform 

random assessment tests (as defined at 

10 CFR 429.104) of basic models of 

commercial HVAC, refrigeration, or WH 

equipment that are voluntarily certified 

in accordance with DOE’s regulations 

set forth in 10 CFR Parts 429 and 431. 

This approach would acknowledge the 

efforts of manufacturers that have been 

working toward completing the 

necessary testing to develop certified 

ratings in accordance with the 

December 31, 2012 deadline. Even 

under this approach, DOE would 

continue to conduct enforcement testing 

of any basic model pursuant to 10 CFR 

429.110 when it has a reason to believe 

a given basic model may be noncompliant with the applicable Federal 

standard. 

The preamble to the June 30 Final 

Rule stated that the compliance date for 

submitting a certification report for 

automatic commercial ice makers 

(ACIM) was also extended; however, the 

regulatory text did not extend the 

compliance date for that product (76 FR 

38287). DOE has not enforced the 

certification requirements for ACIM. 

Information available to DOE does not 

suggest any issues with the compliance 

date for ACIMs; therefore, DOE is 

proposing to modify the regulatory text 

to require submission of a certification 

report for each basic model of ACIM by 

December 31, 2012, as contemplated by 

the June 30 Final Rule. DOE requests 

comment, however, regarding whether 

the compliance date for ACIM 

certification should also be extended. 

The compliance dates for certification 

requirements for walk-in coolers and 

freezers, distribution transformers, and 

metal halide lamp ballasts have passed, 

and manufacturers of those products are 

now submitting certification reports. 

The proposed regulatory text would 

reflect that these products are now 

required to be certified by removing the 

delayed compliance dates. 

Lastly, the Department is proposing to 

correct a technical drafting error for 

packaged terminal air conditioners and 

heat pumps that was implemented in 

the reprinting of Table 5 in 10 CFR 

431.97 in a final rule published on May 

16, 2012 (77 FR 28994). More 

specifically, DOE adopted changes to 

the applicable energy conservation 

standards for standard size and nonstandard size packaged terminal air 

conditioners and heat pumps with a 

cooling capacity of 15,000 Btu/h. DOE is 

proposing to correct this error in today’s 

proposed rule and adopt the original 

standards for standard size and nonstandard size packaged terminal air 

conditioners and heat pumps with a 

cooling capacity of 15,000 Btu/h as 

presented in a final rule evaluating and 

originally adopting the amended energy 

conservation for this equipment 

published on April 7, 2008 (73 FR 

18915). 

Further Information on Submitting 

Comments 

Under 10 CFR 1004.11, any person 

submitting information that he or she 

believes to be confidential and exempt 

by law from public disclosure should 

submit two copies: one copy of the 

document including all the information 

believed to be confidential, and one 

copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include (1) 

A description of the items, (2) whether 

and why such items are customarily 

treated as confidential within the 

industry, (3) whether the information is 

generally known by or available from 

other sources, (4) whether the 

information has previously been made 

available to others without obligation 

concerning its confidentiality, (5) an 

explanation of the competitive injury to 

the submitting person which would 

result from public disclosure, (6) when 

such information might lose its 

confidential character due to the 


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Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Proposed Rules 72765 

passage of time, and (7) why disclosure 

of the information would be contrary to 

the public interest. 

I. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

This proposed rule has been 

determined not to be a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866. Accordingly, 

this action was not subject to review 

under the Executive Order by the Office 

of Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis (IFRA) for any rule that by law 

must be proposed for public comment, 

unless the agency certifies that the rule, 

if promulgated, will not have a 

significant economic impact on a 

substantial number of small entities. As 

required by Executive Order 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking,’’ (67 FR 53461, 

August 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the DOE 

rulemaking process (68 FR 7990). DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s Web site: http:// 

www.energy.gov/gc. 

DOE reviewed this proposed rule 

under the provisions of the Regulatory 

Flexibility Act and the procedures and 

policies published on February 19, 

2003. This proposed rule would merely 

extend the compliance date of a 

rulemaking already promulgated. To the 

extent such action has any economic 

impact it would be positive in that it 

would allow regulated parties 

additional time to come into 

compliance. DOE did undertake a full 

regulatory flexibility analysis of the 

original CCE rulemaking. That analysis 

considered the impacts of that 

rulemaking on small entities. As a 

result, DOE certifies that, if adopted, 

this proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

C. Review Under the National 

Environmental Policy Act 

DOE has determined that this rule 

falls into a class of actions that are 

categorically excluded from review 

under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et 

seq.) and DOE’s implementing 

regulations at 10 CFR part 1021. 

Specifically, this rule amends an 

existing rule without changing its 

environmental effect and, therefore, is 

covered by the Categorical Exclusion in 

10 CFR part 1021, subpart D, paragraph 

A5. Accordingly, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

II. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of today’s NOPR. 

List of Subjects in 10 CFR Parts 429 and 

431 

Administrative practice and 

procedure, Energy conservation, 

Commercial equipment, Reporting and 

recordkeeping requirements. 

Issued in Washington, DC, on November 

28, 2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

For the reasons stated in the 

preamble, DOE is proposing to amend 

chapter II, subchapter D, of title 10 of 

the Code of Federal Regulations, to read 

as set forth below: 

PART 429—CERTIFICATION, 

COMPLIANCE, AND ENFORCEMENT 

FOR CONSUMER PRODUCTS AND 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

1. The authority citation for part 429 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

2. In § 429.12, revise paragraph (i) to 

read as follows: 

§ 429.12 General requirements applicable 

to certification reports. 

* * * * * 

(i) Compliance dates. For any product 

subject to an applicable energy 

conservation standard for which the 

compliance date has not yet occurred, a 

certification report must be submitted 

not later than the compliance date for 

the applicable energy conservation 

standard. The covered products are 

subject to the stated compliance dates 

for certification as follows: 

(1) Automatic commercial ice makers, 

December 31, 2012; 

(2) Commercial refrigeration 

equipment, December 31, 2013; 

(3) Commercial heating, ventilating, 

and air-conditioning equipment, 

December 31, 2013; and 

(4) Commercial water heating 

equipment, December 31, 2013. 

PART 431—ENERGY EFFICIENCY 

PROGRAM FOR CERTAIN 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

3. The authority citation for part 431 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

4. In § 431.97, paragraph (c), revise 

Table 5 to read as follows: 

§ 431.97 Energy efficiency standards and 

their compliance dates. 

* * * * * 

(c) * * * 

TABLE 5 TO § 431.97—UPDATED MINIMUM EFFICIENCY STANDARDS FOR PTAC AND PTHP 

Equipment 

type Cooling capacity Sub-category Efficiency level 

Compliance date: 

Products 

manufactured on and 

after 

PTAC ....... Standard Size ......... <7,000 Btu/h ........................................... EER = 11.7 ............................................. October 8, 2012. 

≥7,000 Btu/h and ≤ 15,000 Btu/h ........... EER = 13.8¥(0.3 × Cap1) ...................... October 8, 2012. 

>15,000 Btu/h ......................................... EER = 9.3 ............................................... October 8, 2012. 

Non-Standard Size <7,000 Btu/h ........................................... EER = 9.4 ............................................... October 7, 2010. 

≥7,000 Btu/h and ≤ 15,000 Btu/h ........... EER = 10.9¥(0.213 × Cap1) .................. October 7, 2010. 

>15,000 Btu/h ......................................... EER = 7.7 ............................................... October 7, 2010. 

PTHP ....... Standard Size ......... <7,000 Btu/h ........................................... EER = 11.9 .............................................

COP = 3.3 

October 8, 2012. 

≥7,000 Btu/h and ≤ 15,000 Btu/h ........... EER = 14.0 ¥ (0.3 × Cap1) 

COP = 3.7 ¥ (0.052 × Cap1) 

October 8, 2012. 


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72766 Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Proposed Rules 

TABLE 5 TO § 431.97—UPDATED MINIMUM EFFICIENCY STANDARDS FOR PTAC AND PTHP—Continued 

Equipment 

type Cooling capacity Sub-category Efficiency level 

Compliance date: 

Products 

manufactured on and 

after 

>15,000 Btu/h ......................................... EER = 9.5 

COP = 2.9 ...............................................

October 8, 2012. 

Non-Standard Size <7,000 Btu/h ........................................... EER = 9.3 ...............................................

COP = 2.7 

October 7, 2010. 

≥7,000 Btu/h and ≤15,000 Btu/h ............. EER = 10.8 ¥ (0.213 × Cap1) ...............

COP = 2.9 ¥ (0.026 × Cap1) 

October 7, 2010. 

>15,000 Btu/h ......................................... EER = 7.6 ...............................................

COP = 2.5 

October 7, 2010. 

1 ‘‘Cap’’ means cooling capacity in thousand Btu/h at 95 °F outdoor dry-bulb temperature. 

* * * * * 

[FR Doc. 2012–29486 Filed 12–5–12; 8:45 am] 

BILLING CODE 6450–01–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Part 121 

RIN 3245–AG44 

Small Business Size Standards: 

Support Activities for Mining 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Small Business 

Administration (SBA) proposes to 

increase small business size standards 

for three industries in North American 

Industry Classification System (NAICS) 

Subsector 213, Support Activities for 

Mining, within NAICS Sector 21, 

Mining, Quarrying, and Oil and Gas 

Extraction. NAICS Sector 21 contains 

four industries with receipts based 

standards and 19 industries with 

employee based size standards. As part 

of its ongoing comprehensive review of 

all size standards, in this proposed rule, 

SBA has evaluated the four industries 

that have the receipts based size 

standards in NAICS Sector 21 to 

determine whether they should be 

retained or revised. SBA will review the 

19 industries that have the employee 

based standards in NAICS Sector 21 at 

a later date. This proposed rule is one 

of a series of proposed rules that will 

review size standards of industries 

grouped by NAICS Sector. SBA has 

issued a White Paper entitled ‘‘Size 

Standards Methodology’’ and published 

a notice in the October 21, 2009 issue 

of the Federal Register to advise the 

public that ‘‘Size Standards 

Methodology’’ is available on its Web 

site at www.sba.gov/size for public 

review and comments. The ‘‘Size 

Standards Methodology’’ White Paper 

explains how SBA establishes, reviews, 

and modifies its receipts based and 

employee based small business size 

standards. In this proposed rule, SBA 

has applied its methodology in 

determining changes to receipts based 

size standards in NAICS Sector 21, 

Mining, Quarrying, and Oil and Gas 

Extraction. 

DATES: SBA must receive comments to 

this proposed rule on or before February 

4, 2013. 

ADDRESSES: Identify your comments by 

RIN 3245–AG44 and submit them 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, Size 

Standards Division, 409 Third Street 

SW., Mail Code 6530, Washington, DC 

20416. SBA will not accept comments to 

this proposed rule submitted by email. 

SBA will post all comments to this 

proposed 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 

U.S. Small Business Administration, 

Khem R. Sharma, Ph.D., Chief, Size 

Standards Division, 409 Third Street 

SW., Mail Code 6530, Washington, DC 

20416, or send an email to 

sizestandards@sba.gov. You should 

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 or not. 

FOR FURTHER INFORMATION CONTACT: 

Khem R. Sharma, Ph.D., Chief, Size 

Standards Division, phone: (202) 205– 

6618 or sizestandards@sba.gov. 

SUPPLEMENTARY INFORMATION: To 

determine eligibility for Federal small 

business assistance, SBA establishes 

small business size definitions (referred 

to as size standards) for private sector 

industries in the United States. SBA 

uses two primary measures of business 

size—average annual receipts and 

average number of employees. SBA uses 

financial assets, electric output, and 

refining capacity to measure the size of 

a few specialized industries. In 

addition, SBA’s Small Business 

Investment Company (SBIC), Certified 

Development Company (504), and 7(a) 

Loan Programs use either the industry 

based size standards or net worth and 

net income based alternative size 

standards to determine eligibility for 

those programs. At the beginning of the 

current comprehensive size standards 

review, there were 41 different size 

standards covering 1,141 NAICS 

industries and 18 sub-industry activities 

(‘‘exceptions’’ in SBA’s table of size 

standards). Thirty-one of these size 

levels were based on average annual 

receipts, seven were based on average 

number of employees, and three were 

based on other measures. 

Over the years, SBA has received 

comments that its size standards have 

not kept up with changes in the 

economy, in particular the changes in 

the Federal contracting marketplace and 

industry structure. The last time SBA 

conducted a comprehensive review of 

all size standards was during the late 

1970s and early 1980s. Since then, most 

reviews of size standards were limited 

to a few specific industries in response 

to requests from the public and Federal 

agencies. At least once every five years, 

SBA also reviews the effect of inflation 

on its size standards and makes 

necessary adjustments to its monetary 

based size standards. SBA’s latest 

inflation adjustment to size standards 

was published in the Federal Register 

on July 18, 2008 (73 FR 41237). 

Because of changes in the Federal 

marketplace and industry structure 

since the last comprehensive size 

standards review, SBA recognizes that 

current data may no longer support 

some of its existing size standards. 

Accordingly, in 2007, SBA began a 


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