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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Proposed Rules
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proposed rule is not likely to result in the promulgation of a major rule, the Agency is not required to issue an ANPRM or to proceed with a negotiated rulemaking.
D. Regulatory Flexibility Act The Regulatory Flexibility Act 5
U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996,18 requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. The term small entities comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000 5 U.S.C.
6016. Accordingly, DOT policy requires an analysis of the impact of all regulations on small entities, and mandates that agencies strive to lessen any adverse effects on these businesses.
The Agency expects that this NPRM, if finalized consistent with the proposed terms, would not have a significant economic impact on small entities. We expect a final rule consistent with the NPRM to result in cost savings to industry and the Federal Government.
FMCSA expects the average costs to manufacturers of windshield-mounted equipment associated with avoiding the need for exemption applications would be reduced by $568 per year annualized, 7 percent discount rate.
We calculate that 100 percent of small equipment manufacturers impacted by this NPRM would have a cost savings less than 1 percent of their annual revenue. No small governmental jurisdictions would be impacted by this NPRM.
Consequently, I certify that the proposed action would not have a significant economic impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this NPRM would have a significant economic impact on it, please submit a comment to the docket at the address listed in the ADDRESSES
section of this preamble. In your comment, explain why you think it qualifies and how and to what degree this NPRM would economically affect it.

Enforcement Fairness Act of 1996,19
FMCSA wants to assist small entities in understanding this NPRM so they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the NPRM would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance; please consult the person listed under FOR FURTHER
INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the Small Business Administrations Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agencys responsiveness to small business. If you wish to comment on actions by employees of FMCSA, call 1888REG
FAIR 18887343247. DOT has a policy regarding the rights of small entities to regulatory enforcement fairness and an explicit policy against retaliation for exercising these rights.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 2 U.S.C. 15311538 requires Federal agencies to assess the effects of their discretionary regulatory actions.
The Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $170 million which is the value equivalent of $100 million in 1995, adjusted for inflation to 2020 levels or more in any 1 year. Because this NPRM
would not result in such an expenditure, a written statement is not required. However, FMCSA does discuss the costs and benefits of this NPRM in the preamble.
G. Paperwork Reduction Act
35457

H. E.O. 13132 Federalism A rule has implications for federalism under section 1a of E.O. 13132 if it has 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. FMCSA has determined that this rule would not have substantial direct costs on or for States, nor would it limit the policymaking discretion of States.
Nothing in this document preempts any State law or regulation. Therefore, this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Impact Statement.
I. Privacy The Consolidated Appropriations Act, 2005,20 requires the Agency to assess the privacy impact of a regulation that will affect the privacy of individuals.
This NPRM would not require the collection of personally identifiable information PII. Because this NPRM
does not require the collection of PII, the Agency is not required to conduct a privacy impact assessment PIA.
Section 208 of the E-Government Act of 2002 44 U.S.C. 3501 note requires Federal agencies to conduct a PIA for new or substantially changed technology that collects, maintains, or disseminates information in an identifiable form. No new or substantially changed technology would collect, maintain, or disseminate information as a result of this rule.
Accordingly, FMCSA has not conducted a PIA.
The Agency will complete a Privacy Threshold Assessment PTA to evaluate the risks and effects the NPRM might have on collecting, storing, and sharing personally identifiable information. The DOT Privacy Office has determined that this rulemaking does not create privacy risk.
J. E.O. 13175 Indian Tribal Governments
E. Assistance for Small Entities In accordance with section 213a of the Small Business Regulatory
This NPRM contains no new information collection requirements under the Paperwork Reduction Act of 1995 44 U.S.C. 35013520. FMCSA
notes that the burden associated with preparing an exemption request is not included in a currently approved information collection request ICR, and is pursuing completion of that ICR
outside of this rulemaking.

This rule does not have Tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect 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.

18 Public Law 104121, 110 Stat. 857, Mar. 29, 1996.

19 Public Law 104121, 110 Stat. 857, Mar. 29, 1996.

20 Public Law 108447, 118 Stat. 2809, 3268, note following 5 U.S.C. 552a Dec. 4, 2014.

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