Dr . Winslow Sargeant is the sixth Chief Counsel for Advocacy...
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.



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 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.