Small Business Outlook for 2010
2009 ended with a flurry of regulatory activity and 2010 begins with a blizzard of anticipated regulation. Comments on how OMB should oversee the Paperwork Reduction Act and on EPA's Greenhouse Gas proposals were due the last week of 2009. The New Year started with air travel security problems that are destined to invoke a regulatory response. Additionally, health care and financial regulation loom on the horizon as Congress takes final steps on health care and the Senate takes up the financial regulatory reform proposal recently passed by the House of Representatives.
Listening sessions scheduled
for new Hours of Service rulemaking
On January 5, the Department of Transportation announced that it will hold three public hearings to solicit comments on potential hours-of-service regulations. The hours-of-service rules issued by the Federal Motor Carrier Safety Administration (FMCSA) govern the working hours of commercial motor vehicle drivers. The rules limit the number of daily and weekly hours spent driving and working and mandate a minimum amount of time drivers must spend resting between driving shifts. The main purpose of the rules is to prevent accidents caused by driver fatigue and they have been controversial since first proposed by the Interstate Commerce Commission in 1938. In 2003, 2005,and 2008, a series of reforms to the hours of service rules were intended to minimize regulatory burden while ensuring heightened levels of safety. Those reforms were supported by the American Trucking Associations and opposed by the Teamsters Union.
Listening sessions for the Washington-DC area will be January 19; Dallas area will be January 22; Los Angeles area will be January 25. People interested in presenting their views should contact David Miller of Federal Motor Carrier Safety Administration (FMCSA) (202) 366-5011.
Analysis for SBCRR Subscribers
The Hours of Service regulations will benefit from information on how the FMCSA proposal will impact small businesses. There is a tendency to mandate one-sized-fits-all requirements that do not necessarily fit the day-to-day operations of small businesses that utilize drivers. For instance, a small fence post company may have the driver digging, driving, and delivering at several different locations. It is important for FMCSA to recognize the flexibilities necessary for those types of situations.
Key Documents
- U.S. Department of Transportation January 5 Federal Register notice: click here
- U.S. Department of Transportation press release on Hours of Service listening sessions: click here
- Hours of Service Regulations finalized in November, 2008: click here
- Hours of Service Small Business Regulatory Flexibility Analysis in its 2005 rule (pages 50055 – 50064 in the Federal Register Notice that is available here
- Journal of Commerce article on the Hours of Service hearings: click here
Coming Soon – IRS to Regulate Tax Preparers
On Monday, January 4 the IRS announced that it will regulate tax preparers. Preparers will be required to register with the IRS, and be subjected to testing and continuing education requirements under a new regulatory structure. The IRS announcement follows several months of input and review of the tax preparation industry. A 50-page summary of the Department of Treasury's review was completed and is likely to serve as a blueprint for upcoming rules.
Analysis for SBCRR Subscribers
Enrolled agents, CPA's, and attorneys will likely be exempt from the IRS regulations because they already have registration and education requirements. It is unclear what universe of small businesses may be impacted by the IRS rules and it is worth paying close attention to who will be covered because the costs of compliance are likely to be significant.
Key Documents
- IRS Web-site describing the IRS regulations and the 50-page summary and review of the paid preparer industry: click here
Combustible Dust Comment Period Ends January 19
The comment period for OSHA's Advance Notice of Proposed Rulemaking (ANPR) on Combustible Dust ends January 19. OSHA is requesting comments, including data and other information, on issues related to the hazards of combustible dust in the workplace. The effort is intended to prevent the kind of blast at Imperial’s Port Wentworth refinery on Feb. 7, 2008, killing 14 people. Investigators found that sugar dust fueled the inferno. Materials that may form combustible dust include wood, coal, plastics, spice, starch, flour, feed, grain, fertilizer, tobacco, paper, soap, rubber, drugs, dyes, certain textiles, and metals. While a number of OSHA standards address aspects of this hazard, the Agency does not have a comprehensive standard that addresses combustible dust. OSHA plans to use the information received in response to their ANPR in developing a proposed standard for combustible dust.
Key Documents
About SBCRR
The Small Business Coalition for Regulatory Relief (SBCRR) is a coalition made up of small businesses and supporting organizations that are interested in federal regulatory developments. SBCRR provides coalition members with regular updates on regulatory proposals and opportunities for small business to provide input that can positively impact final agency decisions.
SBCRR Subscribers receive information and analysis in advance of the newsletter's web-posting. Additionally, subscribers receive analysis on regulatory proposals, regulatory alerts, and information tailored to their membership or interests. For more information on the cost and availability of an SBCRR subscription, please click here or contact Tom.Sullivan@nelsonmullins.com.
Contact:
Tom Sullivan
202.545.2909
tom.sullivan@nelsonmullins.com
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.