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®: CRE Regulatory Action of the Week

SBA’s Top Ten Rules for Review and Reform

As we noted last week on this website, on February 28, 2008, the Small Business Administration’s Office of Advocacy held a press conference to announce its 2008 Top 10 Rules for Review and Reform. The rules are listed in SBA’s Report on the Regulatory Flexibility Act, FY 2007, which was also released on February 28. The rules were nominated by small businesses to be reviewed by federal agencies to determine if they are outdated, ineffective, duplicative, or overly complex.

The 10 rules are:

  • Community Flexibility for Community Drinking Water Systems (EPA should consider expanding the ways for small communities to qualify to meet alternative drinking water standards, provided that the alternative standards are protective of human health and are approved by state authorities.)
  • Air Monitoring Rules for Dry Cleaners to Reflect Current Technology (EPA should revise outdated or inaccurate testing requirements so that modern dry cleaners can have a valid method for demonstrating compliance.)
  • Rules for Recycling Solid Waste (EPA should simplify the rules for recycling useful materials that, because of their current classification, must be handled, transported, and disposed of as hazardous wastes.)
  • The definition of “Oil” in EPA’s Oil Spill Rules (EPA should clarify the definition of “oil” in its oil spill program, so that small facilities that store nonpetroleum-based products are not unintentionally captured by spill program requirements.)
  • Flight Rules for Washington, D.C., Metropolitan Area (FAA, U.S. Department of Transportation and other agencies should review the flight restriction rule for the region surrounding Washington, DC, to determine whether the rule could be revised to avoid harming small airports within the region.)
  • Duplicative Financial Requirements for Architect-engineering Firms in Government Contracting Federal Acquisition Regulation (the FAR Council should remove or reduce the duplicative retainage requirement in architect-engineering services contracts, as has been done for other services.)
  • Home Office Business Deduction (the IRS should revise their rules to permit a standard deduction for home-based businesses, which constitute 53 percent of all small businesses.)
  • MSHA Rules on Use of Explosives in Mines to Reflect Modern Industry Standards, Mine Safety and Health Administration (MSHA should update its current rules to be consistent with modern mining industry explosives standards.)
  • OSHA’s Medical/Laboratory Worker Rule (OSHA should review the current rule to determine whether it can be made more flexible in situations where workers do not have potential exposure to bloodborne pathogens.)
  • Reverse Auction Techniques for Online Procurement of Commercial Items, (the Office of Federal Procurement Policy should review the current reverse auction techniques to determine whether a government-wide rule is necessary to create a more consistent and predictable online process.)
The affected agencies should print their review and reform schedules for each of these rules in the next unified calendar due in the spring of 2008.

  • Click here to read SBA press release on 10 rules.
  • Click here to read SBA’s Report on the Regulatory Flexibility Act, FY 2007