[Federal Register Volume 68, Number 34 (Thursday, February 20, 2003)]
[Notices]
[Pages 8201-8202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4032]


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DEPARTMENT OF COMMERCE

[Docket No.: 030213030-3030-01]


Office of the General Counsel; Guidelines for the Proper 
Consideration of Small Entities in Rulemaking

AGENCY: Office of the General Counsel, Department of Commerce.

ACTION: Notice of availability.

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[[Page 8202]]

SUMMARY: The Department of Commerce (Department) announces the 
availability of its guidelines for the proper consideration of small 
entities in agency rulemaking pursuant to Executive Order 13272. The 
purpose of these guidelines is to establish procedures and policies to 
promote compliance with the Regulatory Flexibility Act of 1980 (RFA). 
These guidelines ensure that the Department properly considers the 
potential impacts of its rulemakings on small business, small 
governmental jurisdictions, and small organizations during the 
rulemaking process.

ADDRESSES: To obtain a copy of the Department's guidelines, please send 
a written request to Daniel Cohen, Chief Counsel for Regulation, Office 
of the Assistant General Counsel for Legislation and Regulation, U.S. 
Department of Commerce, 1401 Constitution Ave., Suite 5876, Washington, 
DC 20230, or visit the following Web site: http://www.ogc.doc.gov/ogc/legreg/regulati.htm.

FOR FURTHER INFORMATION CONTACT: For further information, please 
contact Tricia Choe, Attorney-Advisor, Office of the Assistant General 
Counsel for Legislation at (202) 482-4265.

SUPPLEMENTARY INFORMATION: On August 13, 2002, the President signed 
Executive Order 13272 entitled Proper Consideration of Small Entities 
in Agency Rulemaking. Executive Order 13272 requires federal agencies 
to issue policies and procedures to ensure that the potential impacts 
of agency rules in small businesses, small organizations, and small 
governmental jurisdictions are properly considered during the 
rulemaking process consistent with the statutory mandates of the 
Regulatory Flexibility Act of 1980 (RFA). See 5 U.S.C. 601 et seq. The 
intent of the Order is to ensure that agencies work closely with the 
Office of Advocacy at the Small Business Administration to address 
small business issues as early as possible in the regulatory process, 
particularly as they relate to disproportionate regulatory burden.
    Pursuant to the requirements of the Order, the Department of 
Commerce prepared guidelines that establish procedures and policies 
ensuring compliance with the RFA. These guidelines ensure that the 
Department properly considers the potential impacts of rules on small 
business, small governmental jurisdictions, and small organizations 
during the rulemaking process. Specifically, the document provides 
guidance concerning the formulation of the initial regulatory 
flexibility analysis and final regulatory flexibility analysis, the 
certification process, and the SBA review process.
    On November 13, 2002, the Department submitted a draft of the 
guidelines to SBA for review and comment. After reviewing the 
guidelines, SBA requested that the Department make minor editorial 
revisions and include the Department's procedure for notifying SBA of 
proposed rules that may have a significant economic impact on a 
substantial number of small entities. The Department addressed all of 
SBA's comments. The Department now makes available to the public its 
guidelines. To obtain a copy of the guidelines, please see the 
ADDRESSES section of this notice.

    Dated: February 13, 2003.
Theodore W. Kassinger,
General Counsel, Department of Commerce.
[FR Doc. 03-4032 Filed 2-19-03; 8:45 am]
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