Small Business Regulatory Review and Reform Initiative

Regulatory Review and Reform (r3) Top 10 Rules, 2009
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After significant review and analysis of the 38 nominations received, the Acting Chief Counsel for Advocacy selected the following nominations as the 2009 Top 10 rules for review and potential reform.*

New for 2009

• Remove the "Foreign Exemption" from Federal Contracting

Federal Acquisition Regulation Council (FAR)
FAR should remove the “foreign exemption” from federal procurement policy, increasing federal agencies’ incentive to award government contracts to small and disadvantaged businesses seeking to work outside of the U.S.
• Eliminate Duplicative Background Checks for Commercial Truck Drivers

Transportation Security Administration (TSA)
TSA should eliminate the current requirement that a commercial truck driver who holds a valid TWIC must undergo a duplicative security background check when they apply for a hazardous materials endorsement.

Nominated in 2008

• Update Air Monitoring Rules for Dry Cleaners to Reflect Current Technology

Environmental Protection Agency (EPA)
EPA should revise outdated or inaccurate testing requirements so that modern dry cleaners can have a valid method for demonstrating compliance.
• Flexibility for Community Drinking Water Systems

Environmental Protection Agency
EPA should consider expanding the ways for small communities to qualify to meet alternative drinking water standards, provided that the alternative standards are protective of human health and are approved by state authorities.
• EPA Should Clearly Define “Oil” in its Oil Spill Rules
  Environmental Protection Agency
  EPA should clarify the definition of “oil” in its oil spill program, so that small facilities that store nonpetroleum-based products are not unintentionally captured by spill program requirements..

• Eliminate Duplicative Financial Requirements for Architect-Engineering Services Firms in Government Contracting

Federal Acquisition Regulation Council (FAR Council)
The duplicative retainage requirement should be removed or reduced in architect-engineering services contracts, as has been done for other services.
• Simplify the Home Office Business Deduction

Internal Revenue Service (IRS), U.S. Department of the Treasury
The IRS should revise their rules to permit a standard deduction for home-based businesses, which constitute 53 percent of all small businesses.
• Update MSHA Rules on the Use of Explosives in Mines to Reflect Modern Industry Standards

Mine Safety and Health Administration (MSHA), U.S. Department of Labor
MSHA should update its current rules to be consistent with modern mining industry explosives standards.
• Update OSHA’s Medical / Laboratory Worker Rule

Occupational Safety and Health Administration (OSHA), U.S. Department of Labor
The current rule should be reviewed to determine whether it can be made more flexible in situations where workers do not have potential exposure to bloodborne pathogens.
• Update Reverse Auction Techniques for Online Procurement of Commercial Items

Office of Federal Procurement Policy (OFPP), Office of Management and Budget
The current reverse auction techniques should be reviewed to determine whether a government-wide rule is necessary to create a more consistent and predictable online process.

*This list contains two new nominations for 2009 and eight nominations from 2008. In 2009, Advocacy added two nominations to the current Top 10 list, replacing two rules already reviewed or reformed by federal agencies.

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