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Small Business Regulatory Review and Reform Initiative

Nominating an Existing Agency Rule for Reform
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I. Please send the Office of Advocacy a narrative description of the existing agency rule and the reasons why the rule should be reformed. Please identify yourself and tell us about your experience with the rule. Please provide as much detail as you can, and consider including the following information:

  • What is the name of the rule or regulatory program?
  • What regulatory agency enforces the rule?
  • Why should the rule or program be reformed?
  • How does the rule or program affect small businesses?
  • What costs or other burdens are imposed by the rule?
  • Approximately how many small businesses are affected?
  • How long has the rule been in place?
  • What has been your experience with the rule?

Please describe your recommended reform. In your description, please consider the following questions:

  • What is the specific recommended reform?
  • How does your recommended reform resolve your concerns with this rule?
  • Can the reform be implemented under existing law?
  • How does the recommended reform benefit small businesses?
  • If the recommended reform is adopted by the agency, will the original purpose of the law be maintained or strengthened?

Advocacy will accept r3 nominations for 2011 from now until December 31, 2010. Submissions can be made by email at advocacy@sba.gov, by fax at 202.205.6928, or by calling to make delivery arrangements to the Office of Advocacy at 202.205.6533. Advocacy cannot accept a nomination from an individual or group that is unwilling to be publicly identified (for example, on Advocacy's website).

II. After Advocacy receives and reviews your recommendation for reform, Advocacy staff will work with you to answer the following, more detailed questions about the current rule and your proposed reform:

  • Have small businesses gone out of business because of the current rule?
  • Are there concerns about the feasibility/workability of the current rule for small businesses?
  • Does the current rule impose barriers to innovation or disincentives to improved performance?
  • Have small businesses had to forego business opportunities because of the current rule or because of the rule’s costs?
  • Is there a continued need for the current rule? If not, why not?
  • Has the rule ever been subjected to a review under Section 610 of the Regulatory Flexibility Act, 5 U.S.C. § 610?
  • How long has the current rule been in place?
  • Have you raised concerns or commented on this rule in the past (either at the time it was originally proposed or at a later time)? If so, what was the agency’s response, if any, to your comments?
  • Does the current rule overlap, duplicate or conflict with other Federal, state, or local rules?
  • To what degree have technology or other factors changed in the area affected by the rule?
  • Is the alternative you are recommending permitted under applicable law?
  • Would your recommended reform require a change in a statute?
  • What is the best way for the agency to adopt your recommendation?

If you have any questions concerning recommendations for reform, please send your question to advocacy@sba.gov or by telephone at (202) 205-6533..

 


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