Small Biz Reg Watch

113th CONGRESS SMALL BUSINESS COMMITTEE REGULATORY ALERTS
 


Background

Government regulations and red tape can be a tremendous barrier to small business growth. Small businesses pay a regulatory compliance cost that is 36 percent higher than large businesses. With roughly 4,100 new regulations in the pipeline it should come as no surprise that government regulations and red tape consistently rank as top concerns of small business owners.

With so many new regulations, it is important for small businesses to be aware of what is coming and how to comply. More importantly, small businesses should realize that they have a voice in the rulemaking process.

Federal agencies publish proposed and final rules and other notices and documents in the Federal Register to provide notice to “interested persons” and an opportunity to comment. Regulations.gov is the federal government’s online portal that allows citizens to comment on regulatory actions.

Below are regulatory proposals that are open for comment that may have a significant economic impact on small businesses. The Committee on Small Business encourages entrepreneurs to get involved by letting federal agencies and departments know how their proposals will impact them. If you provide input to an agency, please feel free to share your comments and concerns with the Committee through our Open Mic page.

Regulatory Resources

The Regulatory Flexibility Act
Regulatory Agenda

Tips for Submitting Effective Comments


 Agency  Regulatory Action  How It Affects Your Small Business  Comments Due
Coast Guard New Transportation Worker Identification Credential (TWIC) Reader Requirements The Coast Guard has issued a proposed rule that would require owners and operators of higher-risk vessels and facilities to maintain and use electronic readers compatible with the Transportation Worker Identification Credential (TWIC) system, used by the Coast Guard to control access points and for general maritime security purposes.  Vessels with a TWIC-holding crew of 14 or less would be exempt from the requirement, but there is no exemption for facilities, of which the Coast Guard estimates 88 are considered small.  It is estimated that the average costs will be $233,736 per facility during the implementation period and $6,186 per facility in annual recurring costs.  The agency requests comments on virtually all aspects of the proposal, including its purpose, estimated cost, expected effect, rationale, and whether a crew size of 14 is an appropriate cut-off point for exempting a vessel from the requirements. A public meeting has been scheduled for April 18, 2013 in Arlington, VA which will allow interested parties to voice comments. 6/20/2013 - Click Here to Comment
Environmental Protection Agency (EPA) Control of Air Pollution from Motor Vehicles: Tier 3 Motor Vehicle Emission
and Fuel Standards
The EPA has proposed a rule to establish more stringent vehicle emissions standards and reduce the sulfur content of gasoline beginning in 2017.  The proposed rule is comprised of a gasoline sulfur standard and a new vehicle standard that will reduce both tailpipe and evaporative emissions from passenger cars, light-duty trucks, medium-duty passenger vehicles, and some heavy-duty vehicles.  Refiners have reduced the levels of sulfur in gasoline from 300 parts per million (ppm) in 2004 to 30 ppm today.  The EPA Tier 3 proposed rule will reduce the sulfur levels in gasoline to an average of 10 ppm.  The EPA expects the rule will affect small businesses including: gasoline refiners; small transmix processors; small terminal operators; ethanol producers; motor vehicle manufacturers; alternative fuel converters; and companies that import specialized cars and trucks. 7/1/2013 - Click Here to Comment
Pipeline and Hazardous Materials Safety Administration (PHMSA) Small Business Regulatory  Review of Hazardous Materials Regulations The PHMSA has announced a review, per Section 610 of the Regulatory Flexibility Act, of its existing Hazardous Material Regulations in an effort to identify certain requirements which have a negative impact on small entities.  The agency is seeking comments on whether certain requirements in the Hazardous Materials Regulations (HMR) have a significant impact on small entities, which include small businesses, independently owned non-profits, and governmental jurisdictions with populations under 50,000. Specifically, the agency is seeking comments on provisions in the HMR dealing with enforcement penalties, registration of cargo tank vehicle manufacturers, and the approval process for persons seeking to establish independent inspection agencies. 7/8/2013 - Click Here to Comment
Federal Motor Carrier Safety Administration (FMCSA) Additional Reporting Requirements for Medical Examiners of Commercial Drivers The FMCSA has issued a proposal that would require certified medical examiners performing physical examinations on drivers of commercial motor vehicles to use a new Medical Examination Report for submitting results, and notify FMCSA of the results by the close-of-business on the same day as the examination.   FMCSA estimates this proposed rule would add 25,000 additional data entry burden hours, and affect 40,000 healthcare professionals listed in the National Registry of Certified Medical Examiners, all of which are considered small. The agency requests comment on the expected impact of this proposal. 7/9/2013 - Click Here to Comment
Department of Veterans Affairs (VA) Review of Veteran-Owned Small Business Verification Guidelines The VA's office of Small and Disadvantaged Business Utilization is currently reviewing the regulations governing its Veteran-Owned Small Business (VOSB) Verification Program.  These regulations include the criteria which determine whether a business is eligible to participate in VA's Veterans First Contracting Program, which provides set-asides and sole source contracting opportunities.  In an effort to encourage more VOSBs to apply for verification, VA is searching for an appropriate balance between preventing fraud in its veteran contracting programs and making it easier for more VOSBs to become verified.  VA seeks comments on ways to improve the clarity of the verification process, specifically, on what could be  changed in the processes, or whether additional training should be provided by the agency for small businesses. 7/12/2013 - Click Here to Comment
Environmental Protection Agency (EPA) Expansion of the Lead Paint Rule
The EPA has extended the comment deadline for interested parties to provide information and data on the presence of lead-based paint hazards in commercial and public buildings.  The EPA is considering whether to extend its lead paint rules to cover renovation, repair, and painting activities in public and commercial buildings in a potential rulemaking.  EPA's current lead paint rules requires contractors, remodelers, building owners and others, to be certified by EPA and follow certain work practice standards when undertaking renovation, repair and painting activities in homes and facilities that may have lead-based paint.  To allow for additional data and comments from the public, the agency will hold a public meeting on June 26, 2013 at EPA Headquarters in Washington, DC. 7/12/2013 - Click Here to Comment