PUBLIC LAW 110–28—MAY 25, 2007
121 STAT. 205
dkrause on GSDDPC44 with PUBLAW
‘‘(A) the posting of the guide in an easily identified location on the website of the agency; and ‘‘(B) distribution of the guide to known industry contacts, such as small entities, associations, or industry leaders affected by the rule. ‘‘(3) PUBLICATION DATE.—An agency shall publish each guide (including the posting and distribution of the guide as described under paragraph (2))— ‘‘(A) on the same date as the date of publication of the final rule (or as soon as possible after that date); and ‘‘(B) not later than the date on which the requirements of that rule become effective. ‘‘(4) COMPLIANCE ACTIONS.— ‘‘(A) IN GENERAL.—Each guide shall explain the actions a small entity is required to take to comply with a rule. ‘‘(B) EXPLANATION.—The explanation under subparagraph (A)— ‘‘(i) shall include a description of actions needed to meet the requirements of a rule, to enable a small entity to know when such requirements are met; and ‘‘(ii) if determined appropriate by the agency, may include a description of possible procedures, such as conducting tests, that may assist a small entity in meeting such requirements, except that, compliance with any procedures described pursuant to this section does not establish compliance with the rule, or establish a presumption or inference of such compliance. described under ‘‘(C) PROCEDURES.—Procedures subparagraph (B)(ii)— ‘‘(i) shall be suggestions to assist small entities; and ‘‘(ii) shall not be additional requirements, or diminish requirements, relating to the rule. ‘‘(5) AGENCY PREPARATION OF GUIDES.—The agency shall, in its sole discretion, taking into account the subject matter of the rule and the language of relevant statutes, ensure that the guide is written using sufficiently plain language likely to be understood by affected small entities. Agencies may prepare separate guides covering groups or classes of similarly affected small entities and may cooperate with associations of small entities to develop and distribute such guides. An agency may prepare guides and apply this section with respect to a rule or a group of related rules. ‘‘(6) REPORTING.—Not later than 1 year after the date of enactment of the Fair Minimum Wage Act of 2007, and annually thereafter, the head of each agency shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Small Business of the House of Representatives, and any other committee of relevant jurisdiction describing the status of the agency’s compliance with paragraphs (1) through (5).’’. (b) TECHNICAL AND CONFORMING AMENDMENT.—Section 211(3) of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) is amended by inserting ‘‘and entitled’’ after ‘‘designated’’.
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