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]