June-July Small Business Advocate

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Advocacy Releases FY 2020 Report on the Regulatory Flexibility Act

Advocacy has released its report on the enforcement of the Regulatory Flexibility Act for FY 2020. Over the course of the fiscal year, Advocacy’s efforts to promote compliance resulted in $2.259 billion in cost savings for small entities.

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Updated Data for Regulatory Flexibility Analyses

The Census Bureau recently published new Statistics of U.S. Businesses data, which agencies often use in regulatory flexibility analyses. Advocacy has updated its Data Resources for Federal Agencies page to include this new information.

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Research on the Next Generation of Veteran Entrepreneurs

A new study from Advocacy examines the demographic differences between millennial veterans and non-millennial veterans, finding that millennial veterans tend to be more diverse than older generations of veterans.

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Regulatory Alerts

Labor Department Proposes Rule Implementing Executive Order Increasing Minimum Wage for Workers on Government Contracts

On July 22, the Department of Labor issued a regulation to implement Executive Order 14026, Increasing the Minimum Wage for Federal Contractors. The regulation increases the minimum wage for federal contractors to $15, eliminates the tipped minimum wage, and adjusts the minimum wage for inflation. Comments on the regulation are due August 23.

IRS Seeking Comments on Form 7203

The IRS requests comments on information collections concerning Form 7203, S Corporation Shareholder Stock and Debt Basis Limitations. This is a new information collection, but the IRS is not changing the form at this time. Comments due September 17.

NRC Seeks Comments on Systematic Review of Addressing Environmental Justice

The Nuclear Regulatory Commission seeks comments on how NRC addresses environmental justice in its programs, policies, and activities. Comments due August 23.

EPA’s Proposed TSCA Section 8(A)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances

The Environmental Protection Agency seeks public comment on proposed reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances under the Toxic Substance Control Act. Comments due August 27.

DOL Proposes New Tip Credit Regulations that Implement Prior 80/20 Rule, with a 30 Minute Limit

The Department of Labor released a proposed rule changing the tip credit regulations under the Fair Labor Standards Act, specifically changing instances when employers can take the tip credit for tipped employees performing “dual jobs,” or both tipped and non-tipped duties. Comments due August 23.

EPA Seeks Comments on Notice of Intent to Revise the Clean Water Act Section 401 Certification Rule

The Environmental Protection Agency seeks comments on their recent notice of intent to revise the Clean Water Act Section 401 Certification Rule. Comments due August 2.

ONRR Proposes to Withdraw 2020 Valuation Reform and Civil Penalties Rule

The Department of Interior’s Office of Natural Resource Revenue seeks to withdraw a 2020 final rule that amended procedures the agency uses to value oil and gas that comes from federal leases. Comments due August 10.

Comment Letters

Advocacy Comments on EPA’s Proposed Phasedown of HFCs Required by the American Innovation and Manufacturing Act

On May 19, Advocacy submitted a letter regarding the Environmental Protection Agency’s proposed rule on drawing down hydrofluorocarbon use. Advocacy believes EPA should evaluate alternatives for a healthy, long-term market for hydrofluorocarbons.

Advocacy Comments on EPA’s Proposed 2022 Construction General Permit

On May 22, the Environmental Protection Agency published its proposed 2022 Construction General Permit under the National Pollution Discharge Elimination System Permit Program of the Clean Water Act. In the letter, Advocacy encourages EPA to more closely consider the needs of small entities.

Advocacy Submits Letter to NIST on Cyber Supply Chain Risk Management Practices for Systems and Organizations

In response to a draft revision of cyber supply chain risk management regulations put out by the National Institute of Standards and Technology, Advocacy submitted a comment letter encouraging further revisions that address the needs of small businesses.

Advocacy Submits Letter to DOE on Proposal to Update Process for Test Procedures and Energy Conservation Standards

Advocacy submitted a letter to the Department of Energy encouraging the agency to reconsider eliminating large portions of the 2020 energy conservation standards and test procedures for consumer products and commercial and industrial equipment that could create regulatory uncertainty for small businesses.

Advocacy Submits Letter to FDA on PMTA Review Process

Advocacy submitted a letter to the Food and Drug Administration encouraging the agency seek an extension on a one-year moratorium for manufacturers that have submitted a premarket tobacco product application.

Additional Regulatory Alerts

EPA Seeks Comments on Notice of Availability of Draft Fifth Contaminated Candidate List (CCL 5)

On July 19, the Environmental Protection Agency issued a notice of availability of its draft Fifth Contaminated Candidate List. EPA is specifically requesting comments on whether to include 66 chemicals, three chemical groups (per- and polyfluoroalkyl substances), cyanotoxins, disinfection byproducts, and twelve microbial contaminants. Comments due September 17.

FREQUENTLY ASKED QUESTIONS

 

There are two main ways you can connect with Advocacy and share your concerns about regulatory burdens on small businesses:

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1) Contact Advocacy Staff about the regulatory issues your small business is experiencing.

 

2) Check Out Advocacy's Publication, "A Basic Guide to Federal Rulemaking and Small Business" to learn how small business can get involved in the federal rulemaking process.