Regulatory Alerts

NLRB Proposes Rule to Expand Standard for Determining Joint-Employer Status

The NLRB has proposed a rule expanding the standard for determining joint-employer status under the National Labor Relations Act. The Board proposed expanding the definition of joint-employer status to include those that have indirect control over workers, including contractors/subcontractors, temporary help service suppliers and users, franchisees, and labor unions. Comments due November 7.

EPA Issues Proposed Revisions to its Risk Management Program Regulations Under the Clean Air Act

On August 31, the Environmental Protection Agency published proposed revisions to its Risk Management Program regulations under the Clean Air Act. The proposed changes address three RMP requirements: accident prevention program requirements, emergency preparedness requirements, and information availability requirements. EPA is holding public hearings on September 26, 27, and 28. Comments due October 31.

EPA Issues a Draft Revision to its Risk Determination for the Carbon Tetrachloride Risk Evaluation Issued Under the Toxic Substance Control Act

The Environmental Protection agency has published a draft revision to its risk determination for carbon tetrachloride. EPA seeks comments on the revision, which are due by September 28, 2022.

FTC Releases ANPR on Commercial Surveillance and Data Security

The Federal Trade Commission (FTC) has released an Advanced Notice of Proposed Rulemaking (ANPR) requesting public comment on commercial surveillance and data security practices that may harm consumers. Public comments are due October 21.

AMS Seeks Comments on a Proposal to Update Organic Livestock and Poultry Standards

On August 9, 2022, the Agricultural Marketing Service published a proposed rule to amend organic livestock and poultry production requirements. The proposal would update requirements pertaining to livestock health care practices, living conditions, slaughter, and transport of the animals. Written comments due October 11.

FRA Proposes Train Crew Size Safety Requirements

On July 28, 2022, the Federal Railroad Administration (FRA) proposed new regulations to establish safe minimum train crews size requirements for various types of rail operations. Comments are due September 26.

NOAA Seeks Comments on Proposal to Impose Vessel Speed Restrictions for the Protection of North Atlantic Right Whales

The National Marine Fisheries Service requests comments on a proposed rule to restrict vessel speeds in areas where the North Atlantic Right Whale is known to be present. Written comments due September 30.

11th United States-European Union Small and Medium Enterprise (SME) Workshop

Small business stakeholders are invited to attend the 11th U.S.-EU Small and Medium Enterprise  Workshop, which will be hosted in Augsburg, Germany on Wednesday September 28, 2022. This invitation is for SME stakeholders from the United States and European Union only.

CEQ Solicits Feedback on Its Environmental Justice Scorecard

The Council on Environmental Quality seeks feedback as it develops its Environmental Justice Scorecard. Comments are due October 3.

Advocacy News

Advocacy Appoints Darryl L. DePriest to Serve as Regional Advocate for Region 5

Advocacy is pleased to announce the return of Darryl L. DePriest, former Chief Counsel for Advocacy, as the Region 5 advocate. DePriest will work on behalf of small businesses in Illinois, Indiana, Ohio, Michigan, Minnesota, and Wisconsin.

Advocacy Appoints John Hart to Serve as Regional Advocate for Region 8

Advocacy is excited to announce the appointment of John Hart as region 8 advocate. Hart, a Colorado attorney, has 30 years of professional experience in the public and private sector, and previously served as Region 8 advocate.

Annual Report of the Office of Economic Research, FY 2021

The Office of Advocacy has released the Annual Report of the Office of Economic Research for fiscal year 2021. The report provides summaries of 23 products produced in 2021.

Comment Letters

Advocacy Recommends that FRA Extend Comment Period on Proposed Train Crew Size Safety Requirements Rule

On July 28, 2022, the Federal Railroad Administration published a proposed rule on train crew size safety requirements. Based on input from small business representatives, Advocacy requests that FRA extend the comment period by sixty days to give small businesses time to provide more meaningful comments on the rule.

Advocacy Requests Extension for the Motor Vehicle Dealers Trade Regulation Rule

On July 13, 2022, the Federal Trade Commission published a notice of proposed rulemaking that would impose regulations on motor vehicle dealers. On August 22, Advocacy requested a 120 day delay in the comment period to allow for small business feedback to be heard.

Advocacy Comments on BOEM’s Guidance for Mitigating the Impacts of Offshore Wind Energy Development

On June 7, 2022, Advocacy filed public comments on the Bureau of Ocean Energy Management’s proposed guidance for mitigating the impacts of offshore wind energy on fisheries.

Advocacy Requests an Extension of the Effective Date of the FTC Safeguards Rule

On December 9, 2021, the Federal Trade Commission published a final rule to amend the Standards for Safeguarding Customer Information. On August 5, 2022, Advocacy submitted a letter to the FTC requesting an extension of the effective date.

Advocacy Submits Comments on FWS Endangered and Threatened Wildlife and Plants

On June 7, 2022, the U.S. Fish and Wildlife Service proposed a rule to remove language that restricts introduction of experimental populations of endangered and threatened species outside of the species’ “historical range.” Advocacy commented on the rule on August 8.

Advocacy Comments on EPA’s Proposed Water Quality Certification Improvement Rule

On June 9, 2022, the Environmental Protection Agency published a notice of proposed rulemaking on the Water Quality Certification Improvement Rule under the Clean Water Act. Advocacy believes the proposed rule has been improperly certified under the Regulatory Flexibility Act and filed a comment letter on August 5.

Advocacy Comments on EPA’s Proposed Worst Case Discharge of Hazardous Substances Under the Clean Water Act 

On July 25, 2022, Advocacy submitted comments to the Environmental Protection Agency on its proposed Worst Case Discharge of Hazardous Substances under the Clean Water Act Rule.