Office of Advocacy
U.S. Small Business Administration
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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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Environmental

Notice of Data Availability; Oil Spill Prevention
The Environmental Protection Agency (EPA) is considering initiatives that would provide more focused regulation under the Spill Prevention, Control, and Countermeasure (SPCC) rule (40 CFR Part 112) for facilities that handle less than a certain threshold of oil ("certain facilities") as well as facilities with oil-filled and process equipment. As part of its process to ensure that possible streamlined approaches would protect human health and the environment from oil spills, EPA is making information available to the public for review and comment.
The documents present ideas for new regulatory thresholds and definitions, and describe streamlined alternatives that could potentially replace parts of existing regulations for certain facilities. EPA is interested in receiving comments that can assist the agency in assessing the merit of these alternatives, and any evidence, including data and analyses, related to claims made within the documents. EPA is also soliciting comments on the data and documents provided, including the Office of Advocacy’s June 10, 2004, letter to EPA. Written comments must be received by November 19, 2004.
The documents available for comment under two titles: "Notice of Data Availability for Certain Facilities" and "Notice of Data Availability for Oil-Filled and Process Equipment." They can also be found in the EDOCKET index under Docket No. OPA-2004-0007 and Docket No. OPA-2004-0008, respectively.

  • Notice of Data Availability for Certain Facilities from the Federal Register.
  • Notice of Data Availability for Oil-Filled and Process Equipment from the Federal Register.
  • Advocacy contact: Kevin Bromberg at 202-205-6533
  • Submit Comments to the EPA Electronically
  • Regulations.gov, the Federal government’s one stop site to comment on Federal regulations.

    General

    Advance Notice of Proposed Rulemaking; Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities
    The U.S. Department of Justice (DOJ) has published an Advance Notice of Proposed Rulemaking asking for comments on a rule under the Americans with Disabilities Act (ADA) that could impose new requirements on many small businesses to become accessible to individuals with disabilities. The ADA requires every business that holds itself open to the public to build or remodel its premises to meet the accessibility needs of the individuals with disabilities, and a recent rule by another federal agency established new guidelines on what businesses would have to do to meet the needs of individuals with disabilities. The new DOJ rule could affect a large number of small businesses with existing facilities by requiring them to remodel their premises to meet the new ADA standards, including restaurants, retail establishments, hotels, and movie theaters, among others. The DOJ has asked for your comments on ways to reduce impacts to small businesses. The deadline for submitting comments is January 28, 2005.

  • Advance Notice of Proposed Rulemaking from the Federal Register.
  • Advocacy contact: Michael See at 202-205-6533
  • Submit Comments to the DOJ Electronically
  • Regulations.gov, the Federal government’s one stop site to comment on Federal regulations.

    Procurement

    Records Center Facility Standards
    The National Archives and Records Administration (NARA) is seeking comment on a proposed rule to modify its Agency Records Centers final rule, issued on December 2, 1999, and effective on January 3, 2000 (See 64 FR 67634). The proposed rule is intended to clarify requirements relating to design or certification of multiple story facilities, and fire detection and protection systems, and other related construction designs. The proposed rule will affect commercial records storage facilities that store federal records. It applies to all agencies, including NARA, that establish and operate records centers, and to agencies that contract for the services of commercial records storage facilities. In response to the Office of Management and Budget's (OMB) Draft 2002 Report to Congress on Costs and Benefits of Federal Regulations, 497 members of the records center industry nominated the 1999 final rule to OMB as a possible candidate for reform. With the assistance of congressional staff, NARA engaged in extensive discussions with Professional Records and Information Services Management (PRISM) International, which represents the records center industry. The proposed rule reflects a joint agreement between NARA and PRISM to mitigate most of the industry's concerns, as well as additional provisions that were identified during the follow-up discussion with PRISM. The Office of Advocacy filed a formal comment letter on the original proposal in 1999 and has been working with NARA and industry on the current revisions. Comments are due by November 8, 2004.

  • Proposed Rule from the Federal Register
  • Advocacy contact:  Major Clark at 202-205-6533
  • Submit comments to NARA Electronically (Include RIN 3095-AB31 in the subject line of the message)
  • Regulations.gov, the Federal government’s one stop site to comment on Federal regulations.

    Safety, Health & Labor

    Occupational Exposure to Hexavalent Chromium
    The Occupational Safety and Health Administration is proposing a rule to limit exposure to hexavalent chromium to no more than one microgram per cubic meter of air, averaged over an eight-hour period. In addition, the proposed rule would require initial exposure monitoring, as well as periodic monitoring, the establishment of regulated areas, employer-provided protective equipment and clothing, and hygiene areas (changing rooms and washing facilities).
    Earlier this year, the Office of Advocacy participated in a Small Business Advocacy Review Panel convened by OSHA to review a draft of the proposed rule. A Panel’s Report was issued on April 20, 2004.
    Comments on the rule are due by January 3, 2005. An informal public hearing on the rule will be held in Washington, DC, beginning on February 1, 2005. Notices of intent to appear at the hearing are due by December 3, 2004.

  • Proposed rule from the Federal Register
  • Advocacy contact: Charley Maresca at 202-205-6533
  • Submit Comments to the OSHA Electronically
  • Regulations.gov, the Federal government’s one stop site to comment on Federal regulations.

    Voluntary Protection Program for Construction
    The Occupational Safety and Health Administration (OSHA) is requesting comments on a proposal to expand OSHA’s Voluntary Protection Program (VPP) to the construction industry. Currently, participation in VPP by construction employers has been hindered by difficulties presented by the dynamic conditions of construction worksites. The new program would retain VPP’s requirement of a comprehensive safety and health management system, including mandatory elements of management leadership and employee involvement, worksite analysis, hazard prevention and control, and safety and health training. Comments are due by November 1, 2004.

  • Notice from the Federal Register
  • Advocacy contact: Charley Maresca at 202-205-6533
  • Submit Comments to the OSHA Electronically (click on “Public Comment” and choose “Voluntary Protection Program”)
  • Regulations.gov, the Federal government’s one stop site to comment on Federal regulations.

    Tax

    IRS to Continue to Assess and Collect Communications Excise Tax on Non-Distance- Sensitive Phone Traffic; Issues Regs Imposing Deadline for Reporting Duties
    On August 9, the Internal Revenue Service (IRS) announced (Notice 2004-57) that it would continue to assess and collect the excise tax under section 4251 of the Internal Revenue Code on all taxable communications services, including those communications services that are the subject of litigation.  In Office Max, the court ruled against the IRS, holding that toll telephone services billed by time but not distance are not subject to the excise tax; and the court in American Bankers held the opposite. IRS also announced it was issuing regulations to impose more specific reporting duties on excise tax collectors for taxpayers refusing to pay the excise tax based on the argument successfully litigated in Office Max. On August 10, the IRS issued temporary and proposed regulations setting the new due date for information reporting. The obligation to file an information return has existed for some time without any timeline specified. Over 10,000 of the telecommunications firms that now have a deadline for making these filings are small businesses.  The due date for comments on these regulations is November 8, 2004.

  • Proposed rule from the Federal Register
  • Final and temporary regulations from the Federal Register
  • IRS Announcement
  • Advocacy contact:  Jerry Parshall at 202-205-6533
  • Submit Comments to the IRS Electronically
  • Regulations.gov, the Federal government’s one stop site to comment on Federal regulations.

    Telecommunications

    Communications Assistance for Law Enforcement Act
    The FCC is seeking comment on a proposed rule that would apply the Communications Assistance for Law Enforcement Act (CALEA) to packet-mode services, such e-mail or other communications over the Internet. Under the proposed rule, law enforcement agencies could request wiretaps and other surveillances of Internet communications. In addition, the FCC is proposing to stop granting compliance extensions to telecommunications carriers and to make the carriers responsible for CALEA development and implementation costs. Comments are due November 8, 2004. Reply comments are due December 7, 2004.

  • Proposed rule from the Federal Register
  • Advocacy contact:  Eric Menge at 202-205-6533
  • Submit Comments to the FCC Electronically (Identify ET 04-295; FCC 04-187)
  • Regulations.gov, the Federal government’s one stop site to comment on Federal regulations.

    Review of the Emergency Alert System
    The FCC is seeking comment on a proposed rule to determine if the Emergency Alert System (EAS) is the most effective mechanism of delivering a national level message to the American public, and if the EAS can be improved. The EAS is a public warning system that relies on voluntary cooperation by radio and television broadcasters. The FCC is proposing to make participation in the EAS mandatory. Comments are due October 29, 2004. Reply comments are due November 29, 2004.

  • Proposed rule from the Federal Register
  • Advocacy contact:  Eric Menge at 202-205-6533.
  • Submit Comments to the FCC Electronically (Identify EB 04-296; FCC 04-189)
  • Regulations.gov, the Federal government’s one stop site to comment on Federal regulations.

    Amendment of the 37 and 42 GHz Bands
    The FCC is seeking comment on a proposed rule to amend the regulations for fixed, point-to-point microwave service in the 37 and 42 GHz bands that would make them consistent with the FCC rules in the 39 GHz band. The FCC wants to establish a flexible licensing framework to promote seamless deployment of technologies, especially broadband wireless services. Comments are due October 26, 2004. Reply comments are due November 26, 2004.

  • Proposed rule from the Federal Register
  • Advocacy contact:  Eric Menge at 202-205-6533.
  • Submit Comments to the FCC Electronically (Identify EB 95-183; FCC 04-78)
  • Regulations.gov, the Federal government’s one stop site to comment on Federal regulations.

    Telecommunications Relay Services for the Deaf
    The FCC is seeking comment on a proposed rule regarding the Internet Protocol Relay (IP Relay) and Video Relay Service (VRS). VRS is a type of telecommunications relay service that enables individuals who use sign language to make relay calls through a Communications Assistant (CA) who can interpret their calls. IP Relay services enable individuals to reach a CA from a computer The CA then completes the call. In the proposed rule, the FCC asked: (1) the appropriate cost recovery methodology for VRS, (2) how to determine which IP Relay and VRS calls are interstate, (3) whether IP Relay and VRS should be mandatory for telecommunications relay services, (4) whether IP Relay and VRS should be required at all times, and (5) whether the FCC should apply the speed of answer rule to the provision of VRS. Comments are due October 18, 2004. Reply comments are due November 15, 2004.

  • Proposed rule from the Federal Register
  • Advocacy contact:  Eric Menge at 202-205-6533.
  • Submit Comments to the FCC Electronically (Identify CG 03-123; FCC 04-137)
  • Regulations.gov, the Federal government’s one stop site to comment on Federal regulations.

    Subscriber Line Charges on Derived Services
    The FCC is seeking comment on a proposed rule that examines the number of subscriber line charges that carriers may assess upon customers that obtain derived channel T-1 service when the customer provides the terminating equipment. The FCC is proposing that the number of common line charges should be based on the cost relationship between the derived service and the terminating equipment. Comments are due October 12, 2004. Reply comments are due November 12, 2004.

  • Proposed rule from the Federal Register
  • Advocacy contact:  Eric Menge at 202-205-6533.
  • Submit Comments to the FCC Electronically (Identify WC 04-259; FCC 04-174).
  • Regulations.gov, the Federal government’s one stop site to comment on Federal regulations.

    Mandatory Electronic Filing for International Telecommunications Services
    FCC is seeking comment on a proposal to eliminate paper filings and require applicants to file all applications related to international telecommunications services electronically. Comments are due October 8, 2004.  Reply comments are due November 8, 2004.

  • Proposed rule from the Federal Register
  • Advocacy contact:  Eric Menge at 202-205-6533.
  • Submit Comments to the FCC Electronically (Identify IB 04-226; FCC 04-133).
  • Regulations.gov, the Federal government’s one stop site to comment on Federal regulations.

    Maritime Communications
    FCC is seeking comment on a proposal to permit VHF public coast station (VPC) licensees and Automated Maritime Telecommunications System (AMTS) licensees to provide commercial mobile telecommunications to units on land and to provide operational flexibility so that maritime licensees can compete more effectively against other commercial mobile telecommunications services. Comments are due October 12, 2004.  Reply comments are due November 8, 2004.

  • Proposed rule from the Federal Register
  • Advocacy contact:  Eric Menge at 202-205-6533.
  • Submit Comments to the FCC Electronically (Identify WT 04-257; FCC 04-171).
  • Regulations.gov, the Federal government’s one stop site to comment on Federal regulations.

    Transportation

    Electronic On-board Recorders for Hours of Service Compliance
    The Federal Motor Carrier Safety Administration (FMCSA) is requesting comment on an advanced notice of proposed rulemaking on updating the standard for electronic on-board recorders (EOBRs), which record commercial drivers’ driving times, among other information. FMCSA believes the current standard is out of date, and would have to be updated to address new technology if the use of EOBRs were to become mandatory. Comments are due on November 30, 2004

  • Advance notice of proposed rulemaking from the Federal Register
  • Advocacy contact:  Charles Maresca at 202-205-6533
  • Submit Comments to the FMCSA Electronically
  • Regulations.gov, the Federal government’s one stop site to comment on Federal regulations.


     

    Other Regulatory Websites