Quiero saber acerca de...

Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Proposed Rules RFA requires the assessment of the impact of a regulation on a wide range of small entities, including small businesses, not-for-profit organizations, and small governmental jurisdictions.
Accordingly, the Department examined this proposed rule to determine whether it would have a significant economic impact on a substantial number of small entities. The most recent data on private sector entities at the time this NPRM
was drafted are from the 2017 Statistics of U.S. Businesses SUSB.23 The Department limited this analysis to a few industries that were acknowledged to have tipped workers in the 2020 Tip final rule. These industries are classified under the North American Industry Classification System NAICS as 713210 Casinos, 721110 Hotels and Motels, 722410 Drinking Places Alcoholic Beverages, 722511 Fullservice Restaurants, 722513 Limited Service Restaurants, and 722515 Snack and Nonalcoholic Beverage Bars. The SUSB reports that these industries have 503,915 private firms and 661,198
private establishments. Of these, 501,322 firms and 554,088
establishments have fewer than 500
employees.
The Department has not quantified any costs, transfers, or benefits associated with this delay, and therefore certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities.
The Department welcomes any comments and data on this Regulatory Flexibility Act Analysis, including the costs and benefits of this proposed rule on small entities.
VI. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 UMRA 24 requires agencies to prepare a written statement for rules with a Federal mandate that may result in increased expenditures by state, local, and tribal governments, in the aggregate, or by the private sector, of $165 million $100 million in 1995
dollars adjusted for inflation or more in at least one year.25 This statement must:
1 Identify the authorizing legislation;
2 present the estimated costs and benefits of the rule and, to the extent that such estimates are feasible and relevant, its estimated effects on the 23 Statistics
of U.S. Businesses 2017, https
www.census.gov/data/tables/2017/econ/susb/2017susb-annual.html, 2016 SUSB Annual Data Tables by Establishment Industry.
24 See 2 U.S.C. 1501.
25 Calculated using growth in the Gross Domestic Product deflator from 1995 to 2019. Bureau of Economic Analysis. Table 1.1.9. Implicit Price Deflators for Gross Domestic Product.

VerDate Sep<11>2014

17:19 Mar 24, 2021

Jkt 253001

national economy; 3 summarize and evaluate state, local, and tribal government input; and 4 identify reasonable alternatives and select, or explain the non-selection, of the least costly, most cost-effective, or least burdensome alternative. This proposed rule is not expected to result in increased expenditures by the private sector or by state, local, and tribal governments of $165 million or more in any one year.
VII. Executive Order 13132, Federalism The Department has 1 reviewed this proposed rescission in accordance with Executive Order 13132 regarding federalism and 2 determined that it does not have federalism implications.
The proposed rule would not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government.
VIII. Executive Order 13175, Indian Tribal Governments This proposed rule would not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
Signed this 22nd day of March, 2021.
Jessica Looman, Principal Deputy Administrator, Wage and Hour Division.
FR Doc. 202106244 Filed 32321; 4:15 pm BILLING CODE 451027P

DEPARTMENT OF LABOR
Wage and Hour Division 29 CFR Parts 516, 531, 578, 579, and 580
RIN 1235AA21

Tip Regulations Under the Fair Labor Standards Act FLSA; Partial Withdrawal Wage and Hour Division, Department of Labor.
ACTION: Notice of proposed rulemaking.
AGENCY:

In this notice of proposed rulemaking NPRM, the Department proposes to withdraw and repropose two portions of the Tip Regulations Under the Fair Labor Standards Act FLSA 2020 Tip final rule and seeks comment on whether to revise one other portion of the 2020 Tip final rule relating to the statutory amendments to
SUMMARY:

PO 00000

Frm 00018

Fmt 4702

Sfmt 4702

15817

the FLSA made by the Consolidated Appropriations Act of 2018 CAA. The Department also asks questions about how it might improve the recordkeeping requirements in the 2020 Tip final rule in a future rulemaking. This rulemaking is related to a second NPRM, published elsewhere in this issue of the Federal Register, which proposes to further extend the effective date of three portions of the 2020 Tip final rule in order to complete this rulemaking involving two of those portions and provide the Department additional time to consider whether to withdraw and repropose a third portion of the 2020
Tip final rule concerning the use of the tip credit when employees perform both tipped and non-tipped work.
DATES: Portions of the final rule published on December 30, 2020 85 FR
86756, and delayed February 26, 2021, at 86 FR 11632, are proposed to be withdrawn. Comments must be received on or before May 24, 2021.
ADDRESSES: To facilitate the receipt and processing of written comments on this NPRM, the Department encourages interested persons to submit their comments electronically. You may submit comments, identified by Regulatory Information Number RIN
1235AA21, by either of the following methods: Electronic Comments: Follow the instructions for submitting comments on the Federal eRulemaking Portal https www.regulations.gov.
Mail: Address written submissions to Amy DeBisschop, Director of the Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, U.S. Department of Labor, Room S
3502, 200 Constitution Avenue NW, Washington, DC 20210. Instructions:
This NPRM is available through the Federal Register and the https
www.regulations.gov website. You may also access this document via the Wage and Hour Divisions WHD website at https www.dol.gov/whd/. All comment submissions must include the agency name and Regulatory Information Number RIN 1235AA21 for this NPRM. Response to this NPRM is voluntary. The Department requests that no business proprietary information, copyrighted information, or personally identifiable information be submitted in response to this NPRM. Submit only one copy of your comment by only one method e.g., persons submitting comments electronically are encouraged not to submit paper copies.
Commenters submitting file attachments on www.regulations.gov are advised that uploading text-recognized documents i.e., documents in a native file format or documents which have undergone
E:FRFM25MRP1.SGM

25MRP1