SBA to USPTO on proposed rulemaking: IRFA?

An interesting suggestion in the SBA comments to the USPTO on the proposed rulemaking about continuing applications is that an IRFA be published pursuant to 5 USC 603. The IRFA would need to address the legal basis for the rule, which might be interesting here. [See footnote 16 on page 4.]

IRFA stands for Initial Regulatory Flexibility Analysis.
SBA is Small Business Administration