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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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NOAA Proposes Critical Habitat for Atlantic Salmon
Advocacy has not identified any current rulemakings under this subject heading. Please contact Advocacy if there is a proposed rule open for comment of importance to small businesses.
Supporting Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses
The Department of Homeland Security Proposes Substantial Changes to the H-2B Visa Process
Proposed Revision of Distilled Spirits Plant Regulations
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On Friday, September 5th, the National Oceanic and Atmospheric Administration (NOAA) proposed designating critical habitat for the Gulf of Maine Distinct Population of Atlantic Salmon (GOM Atlantic Salmon). NOAA previously listed the GOM Atlantic Salmon as an endangered species under the Endangered Species Act (ESA). The proposed designation includes lands in Maine and New Hampshire.
NOAA is seeking comment on the impacts of the proposed critical habitat designation on small businesses; specifically, NOAA seeks comments regarding costs of (1) obtaining incidental take permits under Section 10 of the ESA, and (2) participating in consultations under Section 7 of the ESA. Small businesses involved in hydropower, agriculture, and development activities will be impacted by the proposed designation. NOAA has determined that the impact of the proposed designation on the timber industry will be minimal; most timber activities occurring within the proposed designation are carried out on privately owned lands, and do not have a federal nexus which would require consultation under Section 7 of the ESA. Public comments are due on November 4, 2008.
The Veteran Affairs (VA) is proposing a rule that would implement portions of the Veterans Benefits, Health Care, and Information Technology Act of 2006, Public Law 109-461. Section 502 of this law authorizes VA contracting officers to conduct acquisitions limited to Service-Disabled Veteran-Owned Small Businesses(SDVOSBs) or Veteran-Owned Small Businesses (VOSBs). Public Law 109-461 also requires VOSBs that participate in VA acquisitions to register in VetBiz.gov's Vendor Information Pages database and verify that the business meets eligibility requirements. The proposed regulation would establish a VA Mentor-Protégé program and give large businesses that participate in the program a preference in the award of VA prime contracts. Comments are due by October 20, 2008.
On August 20, 2008, the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) proposed substantial changes to requirements affecting H-2B visas (visas for temporary non-agricultural workers).” The changes would affect employers seeking temporary workers and are predominantly used by employers obtaining landscape laborers, housekeeping cleaners and construction workers. The proposed rule would allow employers to petition for unnamed workers (as opposed to listing specific individuals) and would lower the amount of time that H-2B worker must remain outside the United States before he or she would be eligible to reapply again for a H-2B visa (from 6 months to 3 months). Among the other requirements, employers would be required to promise or attest that they are complying with the H-2B program and that the workers are not paying fees for their H-2B visa (or the employer would be required to reimburse them for these fees). Comments are due on September 19, 2008.
On May 8, 2008, the Department of Treasury Alcohol Tobacco Tax and Trade Bureau (TTB) published a proposed rule that would amend its distilled spirits plant regulations. TTB issued the proposed rule in response to comments submitted by the Distilled Spirits Council of the United States regarding a proposed rule published by TTB in November 1998. Comments on the proposed rule are due by November 5, 2008.
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