Office of
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U.S. Small Business
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REGULATORY ALERTS
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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Effluent Guidelines for Discharges from the Construction and Development Industry
SEC Proposes Roadmap Toward Global Accounting Standards
Federal Acquisition Council; FAR Case 2008-019, Authentic Information Technology Products
Federal Acquisition Regulation; FAR Case 2007-013, Employment Eligibility Verification
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Rules under Regulatory Review | Other Regulatory Websites |
The Environmental Protection Agency (EPA) is proposing effluent limitations guidelines (ELGs) and new source performance standards (NSPS) to control the discharge of pollutants from construction sites, that would require construction sites to implement a range of erosion and sediment control measures to control pollutants in stormwater discharges. Construction sites disturbing ten or more acres at a time would also be required to install sediment basins to treat their stormwater discharges; stormwater discharges from construction sites 30 acres or larger, located in areas of the country with high rainfall intensity and soils with a high clay content, would be required to meet a numeric limit on the allowable level of sediment in the water. The proposed rule is intended to work in concert with existing state and local programs, adding a technology-based "floor" that establishes minimum requirements that would apply nationally. The comment deadline is February 26, 2009.
On November 14, 2008, the Securities and Exchange Commission (SEC) issued a proposed roadmap for the potential use of financial statements prepared in accordance with International Financial Reporting Standards (IFRS). The proposed roadmap sets forth several milestones that, if achieved, could lead to the required use of the IFRS by US issuers in 2014 if the SEC believes it in the public interest. IFRS does not allow for the use of the last-in, first-out ("LIFO") method of accounting for inventory. Public comment on the SEC's proposed roadmap should be received by the SEC on or before February 19, 2009.
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are seeking comments from both Government and industry on whether the Federal Acquisition Regulation (FAR) should be revised to include a requirement that contractors selling information technology (IT) products (including computer hardware and software) represent that such products are authentic. The Councils are also interested in comments regarding contractor liability if IT products sold to the Government, by contractors, are not authentic. Additionally, the Councils are seeking comments on whether contractors who are resellers or distributors of computer hardware and software should represent to the Government that they are authorized by the original equipment manufacturer (OEM) to sell the information technology products to the Government. Finally, the Councils invite comments on (1) whether the measures contemplated above should be extended to other items purchased by the Government; and (2) whether the rule should apply when information technology is a component of a system or assembled product. Comments are due January 20, 2009.
The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed to delay the implementation of a final rule
amending the Federal Acquisition Regulation (FAR) to require certain
contractors and subcontractors to use the E-Verify system administered
by the Department of Homeland Security, U.S. Citizenship and
Immigration Services, as the means of verifying that certain of their
employees are eligible to work in the United States. The Effective Date was January 15, 2009.
The federal government Jan. 9 agreed to postpone implementation of an executive order and a related federal procurement law that require federal contractors to use E-Verify, after a coalition of business groups led by the U.S. Chamber of Commerce filed a lawsuit challenging the rule.
The federal government agreed to delay implementation of the rule until Feb. 20.
The Women-Owned Small Business Federal Contract Assitance Procedures--Eligible Industries
the Small Business Administration (SBA) is reopening for an additional 60 days the comment period on the proposed rule on Women-Owned Small Business Federal Contract Assistance Procedures--Eligible Industries. Comments must be received on or before March 13, 2009.
SBA published the proposed rule in the Federal Register on October 1, 2008 (73 FR 57014). The proposed rule sought comments from the public on a data issue involving the Women-Owned Small Business (WOSB) Federal Contract Assistance Procedures, which were finalized in the Federal Register on the same day (73 FR 56940). Specifically, SBA is seeking comments on two data sets: (1) the Central Contractor Registration (CCR) data set which was used in the RAND report to determine the representation of WOSBs in Federal procurement in the various industries, and (2) a non-public Survey of Business Owners (SBO) data set from the Economic Census, which was not previously used in the RAND report. The original comment period was from October 1 through October 31, 2008.
Proposed Regulations on New Government Three Percent Withholding Requirements
The Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued proposed regulations for new Internal Revenue Code (Code) subsection 3402(t). This subsection, created by the Tax Increase Prevention and Reconciliation Act of 2005, requires that payments to contractors by governmental entities for goods or services after December 31, 2010, are subject to three percent income tax withholding. Public comment on this proposed rule should be received by Treasury and the IRS on or before March 5, 2009.
On April 24, 2008, Advocacy filed a comment letter on the Treasury and IRS notice that invited public comments regarding three percent income tax withholding under section 3402(t) of the Code [Notice 2008-38 (March 11, 2008)]. In its comment letter, Advocacy recommended that Code section 3402(t) not apply to payments to subcontractors . Treasury and the IRS adopted this recommendation.
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.
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