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WASHINGTON – Today, the Office of Advocacy, an independent office within the Small Business Administration, released its annual report entitled, Report on the Regulatory Flexibility Act F
On February 6, 2014, the National Labor Relations Board re-issued a proposal that would amend its rules and regulations governing the filing and processing of petitions relating to the representation of employees for purposes of collective bargaining with their employer.
On February 6, 2014, the National Labor Relations Board re-issued a proposal that would amend its rules and regulations governing the filing and processing of petitions relating to the representati
A key purpose of this study is to provide important information about any differences in the experience of veterans and non-veterans in business creation and management and to assess whether such differences have changed over time.
The U.S. Small Business Administration's Office of Advocacy (Advocacy) submits the following comments on the Occupational Safety and Health Administration’s (OSHA’s) Proposed Occupational Exposure to Respirable Crystalline Silica Rule. OSHA’s proposed rule would establish a new permissible exposure limit (PEL) and action level for respirable crystalline silica and impose a host of ancillary requirements, such as exposure assessments, medical monitoring, engineering and work practice controls, personal protective equipment, respiratory protection (when engineering and work practice controls are insufficient to meet the PEL), training, and recordkeeping. A more detailed discussion of the proposed rule is provided below.
On February 10, 2014, the Internal Revenue Service (IRS) issued final regulations that provide guidance on large employers' shared responsibility for employee health insurance coverage under section 4980H of the Internal Revenue Code. Under the final regs, the employer mandate will apply to employers with 100 or more full-time employees beginning January 1, 2015. The final rules will apply to midsize businesses with 50 to 99 full-time equivalent employees beginning January 1, 2016. Companies that have fewer than 50 employees are exempt from providing coverage or filling out any forms in any year.
On February 10, 2014, the Inte
On February 10, 2014, the Occupational Safety and Health Administration (OSHA) published a proposed rule that would extend the compliance date for construction crane operator certification, as well as the existing requirements for employers to ensure that their construction crane operators are qualified to operate the equipment, by three years from November 10, 2014 until November 10, 2017. OSHA intends to address the issues of crane operator certification and safe operation in the interim. Comments on the proposed rule are due to OSHA by March 12, 2014.
On February 10, 2014, the Occupational Safety and Health Administration (OSHA) published a proposed rule that would extend the com
For Release: January 29, 2014
This report analyzes what factors, including business credit scores, may explain credit outcomes (approvals or denials) for small businesses. It further asks what role business credit scores might play in the credit outcomes of women- and minority-owned small businesses.
On January 23, 2014, the Internal Revenue Service (IRS) issued proposed regulations that provide additional guidance to individual taxpayers who may be liable for the shared responsibility payment for not maintaining minimum essential coverage under the Affordable Care Act. The proposed regulations provide that coverage under some government-sponsored programs is not “government-sponsored minimum essential coverage.” The proposed regulations also address the required contribution for individuals eligible to enroll in an eligible employer-sponsored plan that provides employer contributions to health reimbursement arrangements (HRAs) or wellness program incentives.
On January 23, 2014, the Internal Revenue Service (IRS) issued proposed regulations that provide additional guidance to individual taxpayers who may be liable for the shared responsibility payment
The Office of Advocacy (Advocacy) offers the following comment to the Securities and Exchange Commission (SEC) in response to the above-referenced proposed rule issued on October 23, 2013. The SEC issued the proposed rule to implement Title III of the JOBS Act, which established the foundation for a regulatory structure for startups and small businesses to raise capital through securities offerings using the Internet through crowdfunding. On December 16, 2013 and January 15, 2014, Advocacy hosted small business roundtables to receive feedback from small business representatives about the proposed rule. Advocacy also hosted several conference calls to hear input from small business. Based upon this feedback from small business stakeholders, Advocacy is concerned that the Initial Regulatory Flexibility Analysis (IRFA) contained in the proposed rule lacks essential information required under the Regulatory Flexibility Act (RFA). Specifically, the IRFA does not adequately describe the costs of the proposed rule on small entities, and the IRFA does not set forth significant alternatives which accomplish the stated SEC objectives and which minimize the significant economic impact of the proposal on small entities. For this reason, Advocacy recommends that the SEC republish for public comment a Supplemental IRFA before proceeding with this rulemaking. Advocacy also believes that the SEC should take into consideration small business representatives’ suggested alternatives to minimize the proposed rule’s potential impact.
The U.S. Small Business Administration Office of Advocacy (Advocacy) respectfully submits the following comments to the Department of Energy (DOE) regarding its proposed energy efficiency standards for walk-in coolers and freezers. Advocacy has heard persistent concerns from small manufacturers of walk-in panels regarding the costs of the proposed standard. Advocacy believes the proposed rule would impose a significantly disproportionate burden on small businesses within the walk-in industry. To mitigate that impact to small entities while also achieving significant energy savings, Advocacy recommends that DOE adopt an alternative standard.
This publication profiles the 2013 Advocacy research reports, publications, conferences, data, and research functions.
The December-January issue of The Small Business Advocate newsletter features new research from Advocacy, the chief counsel’s review of 2013 highlights, and the chief economist’s perspe
On January 8, EPA published for public comment its proposed Greenhouse Gas (GHG) New Source Performance Standards (NSPS) for Electric Utility Generating Units (EGUs), under section 111(b) of the Clean Air Act. This rule would set carbon dioxide performance standards for fossil fuel-fired electric generating units. The performance standard for fossil fuels other than natural gas (e.g., coal, pet coke, and oil) is based on partial implementation of carbon capture and storage (CCS). Because EPA does not project the future construction of any coal-fired EGUs without CCS in the absence of the rule, it has certified the rule as not having a significant economic effect on a substantial number of small entities.
On January 8, EPA published for public comment its proposed Greenhouse Gas (GHG) New Source Performance Standards (NSPS) for Electric Utility Generating Units (EGUs), under section 111(b) of the Cl
To provide transparency, Advocacy makes available its annual budget requests, strategic goals, performance reports and plans for the future, as well as related documentation on performance indicato
The Office of Advocacy (Advocacy) submits these comments on the U.S. Fish and Wildlife Service’s (FWS or the Service) proposed rule, Revised Designation of Critical Habitat for the Contiguous U.S. Distinct Population Segment of the Canada Lynx (Lynx Proposed Rule). Advocacy is concerned that FWS has improperly certified the proposed rule. Advocacy believes FWS should publish an Initial Regulatory Flexibility Analysis (IRFA).
On December 18, the Securities and Exchange Commission (SEC) issued a proposed rule to implement Title IV of the JOBS Act by amending Regulation A. Currently, Regulation A securities offerings are limited to $5 million and are subject to each state’s blue sky laws. The proposed rule would establish two different tiers of securities offerings under Regulation A. Tier One offerings would be for financings of $5 million or less, and these offerings would still be subject to the existing requirements of Regulation A. Tier Two offerings would be for up to $50 million and there would be an exemption from a state’s blue sky laws. However, Tier Two offerings would be subject to additional disclosure and auditing requirements.
On December 18, the Securities and Exchange Commission (SEC) issued a proposed rule to implement Title IV of the JOBS Act by amending Regulation A.
On February 12, 2013, President Obama signed Executive Order 13636, “Improving Critical Infrastructure Cybersecurity.” This Executive Order placed primary responsibility on NIST to develop a cybersecurity framework. We have heard from our small business stakeholders, and we would like to share with you their comments and concerns regarding the preliminary cybersecurity framework. The comments fall into four areas: cost, compliance, education and enforcement.
The U.S. - Canada small business team for the Regulatory Cooperation Council will update stakeholders on progress made, and seek feedback on, the Small Business Lens (SBL) in a webinar on Friday, January 17, 2014 from 1:00 pm to 2 pm EST.
Major Clark, Assistant Chief Counsel for the Office of Advocacy testified before United States House of Representatives Committee on Small Business, Subcommittee on Contracting and Workforce and, and the United States House of Representatives Committee on Veterans' Affairs, Subcommittee on Oversight and Investigations.
Major L. Clark, III.
Assistant Chief Counsel for Advocacy
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