The Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA) requires
that the Environmental Protection Agency (EPA) and the Occupational
Safety and Health Administration (OSHA) receive input from
affected small businesses before proposed rules are published.
This requirement is in addition to the other mandates of
the Regulatory Flexibility Act.
When an EPA or
OSHA proposal is expected to have a significant impact on
a substantial number of small entities, the agency must
notify the Office of Advocacy. Advocacy then recommends
small-entity representatives to be consulted on the rule
and its effects.
The agency then
convenes a Small Business Advocacy Review Panel, consisting
of officials from the agency, the Small Business Administration's(SBA)
chief counsel for advocacy, and the Office of Management
and Budget's(OMB) Office of Information and Regulatory Affairs.
The interagency panel reviews the draft proposed rule and
the related analyses prepared by the agency. In addition,
the panel collects advice from identified small business
representatives and submits a report to the agency within
60 days.
Panel reports
often include comments on the agency's preliminary analysis
of the impact of the rule on small businesses, and recommendation
for regulatory alternatives. The agency reviews the report,
makes any appropriate revisions to the rule, and publishes
the proposed rule with the panel report as part of the record.
The panel process
takes place in the early stages of the rulemaking. It does
not replace, but enhances, the important step of the publishing
the proposed rule and accompanying economic analyses for
public comment.