Office of
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U.S. Small Business
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REGULATORY ALERTS
Listed below are documents published in the Federal Register and open for comment that may significantly affect small businesses. Advocacy encourages affected small businesses to provide the Federal agency issuing the notice with comments on the proposed action and the agency's analysis of its potential impacts on small business. Please share with the Office of Advocacy your comments on these and other regulatory proposals of importance to small businesses. For a more complete listing of notices and rulemakings published for comment in the Federal Register, Regulations.gov is the Federal government’s one stop site to comment on Federal regulations.
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Magnuson Stevens Fishery Conservation and Management Act; Regional Fishery Management Councils; Operations
Proposed Regulation Z: Docket No. R-1286
Proposed Rule on Registration of Mortgage Loan Originators
Temporary Alternative Size Standards for 7(a) Business Loan Program
Federal Acquistion Regulation Payments Under Fixed-Price Architecture and Engineering Contracts
Federal Acquisition Regulations Council (FAR): Authentic Information Technology Products
1. July 15, 2009, 9 a.m. to 3 p.m., EST
Federal Acquisition Regulation; FAR Case 2007-013, Employment Eligibility Verification
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On March 27, 2009, the National Marine Fisheries Service (NMFS) issued a proposed rule on Magnuson Stevens Fishery Conservation and Management Act; Regional Fishery Management Councils; Operations. The proposed rule addresses the administration and operations of the regional fishery management councils. In addition, the proposal would make changes to the regulations requiring Councils to provide procedures for proposed regulations, clarifying restrictions on lobbying, and clarifying timing in the Council nomination process. Comments are due on November 2, 2009.
On May 5, 2009, the Board of Governors of the Federal Reserve System issued a proposed rule to amend Regulation Z, which implements the Truth in Lending Act (TILA). On December 18, 2008 the Board adopted a final rule amending Regulation Z’s provisions that apply to open-end (not home-secured) credit plans. In order to clarify the rule and facilitate compliance, the Board proposes to amend specific portions of the regulations and official staff commentary. Comments are due on July 6, 2009.
On June 9, 2009, the Board of Governors of the Federal Reserve System, Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), the Farm Credit Administration (FCA) and the National Credit Union Administration (NCUA) issued a joint proposed rule to on the Registration of Mortgage Loan Originators to implement the Secure and Fair Enforcement for Mortgage Licensing Act (the S.A.F.E. Act). The S.A.F.E. Act requires an employee of a bank, savings association, credit union or other depository institution and their subsidiaries who acts as a residential mortgage loan originator to register with the Nationwide Mortgage Licensing System and Registry. They must also obtain a unique identifier and adopt and follow written policies and procedures designed to assure compliance with the requirements in the proposal. Comments are due on July 9, 2009.
On May 5, 2009 the Small Business Administration (SBA) published an interim final rule with request for comments on Small Business Size Standards; Temporary Alternative Size Standards for 7(a) Business Loan Program which temporarily establishes the same alternative size standard that applies to SBA’s Certified Development Company Program. The rule is effective immediately. However, SBA is receiving comments on the rule until August 3, 2009.
This rule proposes to revise FAR 52.232-10 to permit contracting officers to use their judgment regarding the amount of payment withhold to apply under fixed-price architecture-engineer contracts (based on an assessment of the contractor's performance under the contract) so that the withhold amount will be applied at the level necessary to protect the Government's interests. This is in contrast to the current requirement that contracting officers withhold 10 percent on all payments. The rule also makes several related editorial changes including one that clarifies that the contractor will be paid any unpaid balance due to include withheld amounts at the successful completion of the design work. This case originated from a recommendation in the Small Business Administration's Regulatory Review and Reform (r3) initiative. Comments are due by July 6, 2009
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are hosting six public meetings to continue a dialogue with industry and Government agencies about ways to develop greater assurances regarding the authenticity of information technology (IT) products acquired by the Government. The public meetings will include dialogues on the impact of counterfeit IT products on matters of performance and security; contractor liability and consequential damages; competitiveness issues associated with procuring IT products from the original equipment manufacturer or authorized distributor; identifying viable means of authenticating IT products; and contractor supply chain risk management requirements as an evaluation factor in the procurement of IT products.
Public Meeting Dates
The meeting for July 15 will be conducted at the General Services Administration (GSA), 1800 F Street, NW, Washington, DC 20405, in the GSA Auditorium. The subsequent meetings, July 22, July 29, August 5, and August 12 will be conducted at the General Services Administration (GSA), 1800 F Street, NW, Washington, DC 20405, in Room 5141B.
2. July 22, 2009, 9 a.m. to 3 p.m., EST
3. July 29, 2009, 9 a.m. to 3 p.m., EST
4. August 5, 2009, 9 a.m. to 3 p.m., EST
5. August 12, 2009, 9 a.m. to 3 p.m., EST
Interested parties are encouraged to arrive at least 30 minutes early to accommodate security procedures. If you wish to make a presentation on any of the topics, please contact and [[Page 26647]] submit a copy of your presentation 5 days prior to the meeting date, to the General Services Administration, Contract Policy Division (VPC), 1800 F Street, NW, Room 4040, Attn: Ernest Woodson, Washington, DC 20405. Telephone: (202) 501-3775.
The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed to delay the implementation of a final rule
amending the Federal Acquisition Regulation to require certain
contractors and subcontractors to use the E-Verify system administered
by the Department of Homeland Security, U.S. Citizenship and
Immigration Services, as the means of verifying that certain of their
employees are eligible to work in the United States. The effective date was January 15, 2009.
On January 9, the federal government Jan. 9 agreed to postpone implementation of an executive order and a related federal procurement law that required federal contractors to use E-Verify, after a coalition of business groups led by the U.S. Chamber of Commerce filed a lawsuit challenging the rule.
The federal government agreed to delay implementation of the rule until August 16, 2009.
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