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VII. Regulatory Flexibility Certification

As required by the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., OSHA has performed a screening analysis to identify any significant economic impacts of the final regulation on a substantial number of small businesses. At the time of the proposal, OSHA's Preliminary Regulatory Impact Assessment specifically stated that the regulation would not have such impacts. OSHA received no comments on this conclusion or the methodology used to reach that determination. Accordingly, the Agency certifies that the final regulation will not have a significant impact on a substantial number of small businesses, defined for the purpose of this regulation as those with fewer than 20 employees.

As discussed in Section VI of this preamble, the final regulation will reduce the costs small establishments currently incur to comply with OSHA's procedural requirements for abatement verification. The cost of the final regulation for employers in those small establishments that receive OSHA citations, including those for small governmental entities regulated under State-plan programs, is well below any measure of significant economic impact. The Agency therefore concludes that this regulation will not have a significant impact on a substantial number of small entities.

[62 FR 15324, March 31, 1997]