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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.
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On June 10, 2013, the Bureau of Land Management (BLM) extended the comment period for the supplemental notice of proposed rulemaking entitled Oil and Gas; Well Stimulation, Including Hydraulic Fracturing, on Federal and Indian Lands. This supplemental notice relates to the proposed rulemaking published on May 11, 2012. BLM seeks additional comment on the supplemental notice of proposed rulemaking which significantly revised the original proposed rule. Comments on the supplemental proposed rule are now due by August 23, 2013.
On June 10, 2013, EPA published two proposed rules on formaldehyde in composite wood products: Formaldehyde Emissions Standards for Composite Wood Products and Third-Party Certification Framework for the Formaldehyde Standards for Composite Wood Products. In the Emissions Standards rule, EPA is proposing new requirements under the Formaldehyde Standards for Composite Wood Products Act, of Title VI of the Toxic Substances Control Act (TSCA). The proposed requirements will implement the statutory formaldehyde emission standards for hardwood plywood, medium-density fiberboard, and particleboard sold, supplied, offered for sale, or manufactured (including imported) in the United States. Amongst other provisions, EPA is also including provisions related to laminated products, products made with no added formaldehyde or ultralow-emitting formaldehyde resins, testing, requirements, labeling, and recordkeeping.
On June 7, 2013, EPA proposed revisions to its Steam Electric Power Generating effluent guidelines and standards (40 CFR Part 423). The guidelines were first published in 1974, and amended in 1977, 1978, 1980 and 1982. The regulation covers wastewater discharges from power plants operating as utilities. The Steam Electric effluent guidelines and standards are incorporated into NPDES (National Pollutant Discharge Elimination System) permits for plants that discharge into waters of the United States. This rulemaking will affect small independently owned utilities, small rural electric cooperative owned utilities, and small municipal owned utilities.
On May 24, 2013, the Bureau of Land Management (BLM) published a supplemental notice of proposed rulemaking entitled Oil and Gas; Well Stimulation, Including Hydraulic Fracturing, on Federal and Indian Lands. This supplemental notice relates to the proposed rulemaking published on May 11, 2012. BLM seeks additional comment on the supplemental notice of proposed rulemaking which significantly revised the original proposed rule. Comments on the supplemental proposed rule are due by June 24, 2013.
On February 12th, 2013, the President issued the Executive Order for Improving Critical Infrastructure Cybersecurity (Executive Order 13636). In accordance with Section 8(e) of Executive Order 13636, within 120 days, the General Services Administration and the Department of Defense, in consultation with the Department of Homeland Security and the Federal Acquisition Regulation Council, are required to make recommendations on the feasibility, security benefits, and relative merits of incorporating security standards into acquisition planning and contract administration and address what steps can be taken to harmonize, and make consistent, existing procurement requirements related to cybersecurity.
The Office of Small and Disadvantaged Business Utilization (OSDBU) is currently reviewing its regulations governing the Department of Veterans Affairs (VA) Veteran-Owned Small Business (VOSB) Verification Program. OSDBU intends to improve the regulations to provide greater clarity, to streamline the program, and to encourage more VOSBs to apply for verification. OSDBU seeks comments on how best to approach this undertaking. Although OSDBU identified specific issues, it encourages commenters to discuss any issue related to improving these specific regulations and the program.
On April 30, the Internal Revenue Service (IRS) issued proposed regulations on the health insurance premium tax credit, providing guidance on determining whether healthcare coverage under an eligible employer-sponsored plan provides minimum value.
On April 24, 2013, the Department of Homeland Security (DHS) and the Department of Labor (DOL) released an Interim Final Rule (IFR) amending the methodology for calculating the prevailing wages to be paid to H-2B workers and U.S. workers recruited under this visa program. The H-2B visa program allows U.S. seasonal employers to hire temporary foreign non-agricultural workers. The Wage Methodology IFR eliminates the use of four-tier wage rates based on the Bureau of Labor Statistics’ Occupational Employment Statistics (OES) survey and replaces them with the OES arithmetic mean. The Wage Methodology IFR continues to set the prevailing wage based on the applicable Collective Bargaining Agreement wage rates, or, at the employers request, the Service Contract Act or Davis-Bacon Act wage determinations, or appropriate private wage surveys. DOL and DHS are jointly issuing this rule in response to the court’s order in Comite´ de Apoyo a los Trabajadores Agricolas v. Solis, which vacated portions of DOL’s previous H-2B wage rule.
On April 1, the Internal Revenue Service (IRS) issued proposed regulations on the application of the $500,000 deduction limitation for remuneration provided by some health insurance providers under Internal Revenue Code section 162(m)(6).
On April 1, 2013, USTR invited written public comment on the proposed TTIP.
On March 25, 2013, the U.S. Fish and Wildlife Service, proposed to designate critical habitat for the Northwest Atlantic Ocean Distinct Population Segment of the loggerhead sea turtle (Caretta caretta) under the Endangered Species Act.
On March 19, 2013, the U.S. Fish and Wildlife Service, announced the opening of an information gathering period regarding the status of the fisher (Martes pennanti) throughout the range of its West Coast distinct population segment (DPS) in the United States.
On March 4, the Internal Revenue Service (IRS) issued proposed regulations on the annual health insurance provider fee imposed by the Patient Protection and Affordable Care Act.
On February 22, 2013, the Federal Aviation Administration (FAA) published a notice of availability and request for comments on its Unmanned Aircraft System Test Site Program.
On January 30, 2013, the Federal Communication’s Commission (FCC) published a proposed rule that would prohibit the certification, manufacture, importation, sale, or use of 121.5 MHz emergency locator transmitters (ELTs).
The Department of Labor (DOL) is soliciting comments on its proposal to survey employees’ on general employment laws and classification.
On January 7, 2013, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published three items in the Federal Register related to the transport of lithium batteries and other materials.
On January 4, 2013, the Food and Drug Administration (FDA) released for public comment its proposed rule on preventive controls established by the 2011 FDA Food Safety Modernization Act (FSMA); this rule focuses on preventing problems that can cause foodborne illness.
On January 4, 2013, the Food and Drug Administration (FDA) released for public comment its proposed rule which proposes enforceable safety standards for the production and harvesting of produce on farms.
On December 28, the Internal Revenue Service (IRS) issued proposed regulations that that provide guidance on “large employers'” shared responsibility for employee health insurance coverage under Internal Revenue Code section 4980H.
On December 3, the Internal Revenue Service (IRS) issued proposed regulations that provide guidance to employers and individuals on the implementation of the additional hospital insurance tax (additional Medicare tax) under the Affordable Care Act.
On October 31, 2012, EPA announced that it will review three regulatory actions pursuant to section 610 of the RFA.
The U.S. Patent and Trademark Office (USPTO) announced that is extending the public comment period for its proposed rules implementing the first-inventor-to-file (FITF) provisions of the Leahy-Smith America Invents Act (AIA).
The Federal Trade Commission (FTC) will extend until September 24, 2012, the deadline for commenting on additional proposed modifications to the Children's Online Privacy Protection Rule (COPPA), which gives parents control over what information websites and online services may collect from children under 13.
The Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS)propose to revise their regulations regarding economic impact analyses conducted for designations of critical habitat under the Endangered Species Act of 1973
The Fish and Wildlife Service, proposes to list the Austin blind salamander, Jollyville Plateau salamander, Georgetown salamander, and Salado salamander as endangered under the Endangered Species Act of 1973.
Secretary of the Interior Ken Salazar has announced the establishment of a national committee to guide and oversee U.S. implementation of the Extractive Industries Transparency Initiative (USEITI).
On Friday, August 10, 2012, the Federal Acquisition Council published in the Federal Register a proposed regulation: “Small Business Set Asides for Research and Development Contracts.”
On Monday, August 6, 2012, the SBA published amendments to its Small Business Innovation Research (SBIR) Policy Directive.
On Monday, August 6, 2012, the U.S. Small Business Administration (SBA) announce that it will be holding public Webinars regarding the recent amendments to the Small Business Innovation Research (SBIR) and Small Business Technology Transfer Program (STTR) Policy Directives.
On May 30, the Internal Revenue Service (IRS) issued Notice 2012-40 to provide guidance on health flexible spending arrangements (health FSAs).
On May 18, the Internal Revenue Service (IRS) issued final regulations on the health insurance premium tax credit.
The U.S.-Canada Regulatory Cooperation Council (RCC) is organizing a broad stakeholder session in Washington, D.C., on June 20, 2013. This session will provide an opportunity to engage directly with Canadian and U.S. Working Groups to review progress on the implementation of the Joint Action Plan and to discuss other sector-specific issues and priorities. The session will also feature discussion on advancing the Canada-U.S. regulatory cooperation agenda over the coming year and beyond. Sector specific discussions will take place in the afternoon, including a small business stakeholder session.
The Department of Commerce and the U.S. Small Business Administration’s Office of Advocacy will hold a webinar for small businesses on the U.S. - Canada Regulatory Cooperation Council Small Business Lens on June 13, 2013 from 3 p.m. to 4 p.m. EST. The cost is free for the first 100 registrants.