Office of Advocacy
The amended Toxic Substance Control Act requires EPA to take expedited regulatory action under section 6(a) for certain persistent, bioaccumulative, and toxic (PBT) chemicals; the chemicals subject to this expedited action must meet the statutory criteria in section 6(h) and must be drawn from the 2014 update of the TSCA Work Plan for Chemical Assessments. Specifically, EPA is directed to move forward without completing a risk evaluation.
On December 5, 2017, the Wage and Hour Division of the Department of Labor (DOL) proposed a rule to rescind the parts of its tip regulation that bars tip-sharing arrangements in establishments where the employers pay full Federal minimum wage and do not take a tip credit against their minimum wage obligations. This rule reverses a 2011 DOL regulation that created this restriction.
Army Corps of Engineers and EPA Seek Comments on Proposed Rule to Add Applicability Date to Clean Water Rule
On November 22, 2017, the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) published a proposed rule to apply an applicability date to the 2015 Final Rule defining Waters of the United States (WOTUS). The rule would establish an effective date of two years after the date of the final rule.
Written comments are due by December 13, 2017.
On November 28, 2017, the Employee Benefits Security Administration (EBSA) of the Department of Labor (DOL) issued an 18-month extension transition period and delay of applicability date related to the Prohibited Transaction Exemptions (PTEs) under the Fiduciary Rule. The 18-month extension transition period applies to the Best Interest Contract Exemption and the Class Exemp
On November 22, 2017, FDA issued guidance entitled “Sanitary Transportation of Human and Animal Food: What You Need to Know About the FDA Regulation—Small Entity Compliance Guide.” The purpose of the guidance is to assist small entity compliance with the rule concerning Sanitary Transportation of Human and Animal Food pursuant to the FDA Food Safety Modernization Act of 2011 (FMSA).
On November 9, 2017, the Food and Drug Administration (FDA) published draft guidance entitled “Menu Labeling: Supplement Guidance for Industry” to address the implementation of nutrition labelling required for foods sold in covered establishments, including restaurants or similar retail food establishments. FDA seeks comments on the draft guidance and will consider submitted comments when drafting the final guidance.
EPA is holding a public meeting to update and engage with the public on its progress in implementing changes to the New Chemicals Review Program as a result of the 2016 amendments to Toxic Substance Control Act (TSCA), including discussion of EPA’s New Chemicals Decision-Making Framework on Monday, December 6, 2017. During the meeting, EPA plans to provide an overview of its review process for new chemicals and will provide an opportunity for interested parties to discuss their experiences and ask questions regarding the New Chemicals Review Program.
Public Meeting on Approaches for Identifying Potential Candidates for Prioritization for TSCA Risk Evaluation
EPA is holding a public meeting to discuss the possible approaches for identifying potential candidate chemicals for EPA’s prioritization process under the Toxic Substance Control Act on Monday, December 11, 2017. During the meeting, EPA plans to describe and take comments and questions on the number of possible approaches that the agency has identified in its discussion paper. EPA has also provided a public docket to accept written comments until January 25, 2018.
Advocacy to Host Regulatory Roundtable for Small Business in Boston, MA
WASHINGTON, D.C. – On Wednesday, November 29th, the Office of Advocacy of the Small Business Administration will host a roundtable in Boston, Mass. The event will begin at 1:00 p.m. in the Thomas P. O’Neill Jr. Federal Building located at 10 Causeway St. Boston, MA 02114.
Advocacy to Host Regulatory Roundtable for Small Business in Manchester, NH
WASHINGTON, D.C. – On Tuesday, November 28th, the Office of Advocacy of the Small Business Administration will host a roundtable in Manchester, New Hampshire. The event will begin at 1:00 p.m. in the Manchester Public Library located at 405 Pine Street.
On November 6, 2017, the U.S. Department of the Interior’s Fish and Wildlife Service (FWS) published a request for comments on its Mitigation Policies. Specifically, FWS is seeking comments on the existing Mitigation Policy and Endangered Species Act Compensatory Mitigation Policy. The Service will use these comments in determining whether and how to revise these policies.
Advocacy Appoints Elmo J. Rinaldi to Serve as Region 3 Advocate
On October 26 2017, EPA published a proposed rule to require reporting from persons who manufacture (including import) mercury or mercury-added products, or otherwise intentionally use mercury in a manufacturing process. The reporting rule is required by the amended Toxic Substance Control Act (TSCA) to help assist EPA in publishing an inventory of mercury supply, use, and trade in the United States before April 1, 2017 and every three years thereafter.
Advocacy Welcomes Robert L. Wehagen as Congressional and Legislative Affairs Manager
Rhett Davis Appointed Small Business Advocate for Region 6
WASHINGTON, D.C. – Rhett Davis has been named small business advocate for Region 6, representing the states of Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.
In his role, Davis will be the direct link between the region’s small business owners, state and local government agencies, state legislators, small business associations and the Office of Advocacy of the U.S. Small Business Administration.
On October, 4, 2017, the Department of Treasury announced recommended actions to withdraw, partially revoke, or revise eight regulations identified by Treasury for review under Executive Order 13789, which called for the identification of tax regulations that impose an undue burden on taxpayers.
Advocacy Report Shows Rural Entrepreneurship Has Been Declining
Advocacy to Host Regulatory Roundtable in Glen Allen, Virginia
Mitch Tyner Appointed Senior Advisor/Director of Regional Affairs
U.S. Department of Energy Seeks Comments on its Notice of Proposed Rulemaking on Small-Scale Natural Gas Export
On September 1, 2017, the U.S. Department of Energy (DOE) published a notice of proposed rulemaking to revise regulations on export authorizations for natural gas. The proposed rule would allow DOE to issue an export authorization upon receipt of any complete application seeking to export natural gas, including liquefied natural gas, to countries with which the U.S.