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The December-January 2009 Small Business Advocate
The December-January 2009 edition of The Small Business Advocate looks ahead to the new Congress and highlights employment law changes, as well as new research on immigrant entrepreneurs and small business innovation.
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Advocacy Suggests that the CMS Improve the Analysis of the FY 2009 Payment for Certain Durable Medical Equipment Final Rule on Small Suppliers of Oxygen
On December 17, 2008, the Office of Advocacy (Advocacy) filed comments with the Centers for Medicare and Medicaid Services (CMS) asking that the agency do a better job analyzing the economic impacts of the FY 2009 Payment for Certain Durable Medical Equipment final rule on small oxygen suppliers.
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Regulatory Alert - Federal Acquisition Council; FAR Case 2008-019, Authentic Information Technology Products
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.
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Advocacy Recommends that the U.S. Trade Representative Consider the Impacts of Adding Motorcycles to the Retaliatory List
On December 8, 2008, the U.S. Small Business Administration's (SBA?s) Office of Advocacy (Advocacy) submitted comments to United States Trade Representative on their November 6, 2008, notice entitled "Review of Action Taken in Connection with WTO Dispute Settlement Proceedings on the European Communities? Measures Concerning Meat and Meat Products."
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Regulatory Alert - Effluent Guidelines for Discharges from the Construction and Development Industry
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.
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