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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations this rulemaking is not a significant regulatory action under section 3f of E.O. 12866. Accordingly, OMB has not reviewed it under that E.O.
As addressed under Section V, above, the revisions to CVSAs Operational Policy 4: Inspector Training and Certification are either largely minor or administrative or do not impose any material requirements or increase compliance obligations. Accordingly, there are no new costs or benefits associated with this final rule.
B. Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 8042.9

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C. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980
5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996,10 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.
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.
This rule directly affects States and a limited number of contractors requiring certification. States do not meet the definition of a small entity in section 601 of the Regulatory Flexibility Act.
Specifically, States are not considered small governmental jurisdictions under section 6015, both because State government is not included among the various levels of government listed in section 6015, and because no State, including the District of Columbia, has a population of less than 50,000, which is the criterion for a governmental 9 A major rule means any rule that the Administrator of the Office of Information and Regulatory Affairs at OMB finds has resulted in or is likely to result in a an annual effect on the economy of $100 million or more; b a major increase in costs or prices for consumers, individual industries, Federal agencies, State agencies, local government agencies, or geographic regions; or c significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets 5 U.S.C. 8042.
10 Public Law 104121, 110 Stat. 857 Mar. 29, 1996, note following 5 U.S.C. 601.

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jurisdiction to be considered small under section 6015. As the rule will not result in costs or benefits, it will not impose impacts on the limited number of contractors regulated under this rule.
Therefore, this rule will not have an impact on a substantial number of small entities. Because FMCSA incorporates by reference the current policy and practices for individuals to obtain and maintain certification for conducting inspections, this rule will not result in changes for those affected. Thus, this rule will not have a significant economic impact on the regulated entities.
Consequently, I certify that the action will not have a significant economic impact on a substantial number of small entities.
D. Assistance for Small Entities In accordance with section 213a of the Small Business Regulatory Enforcement Fairness Act of 1996, FMCSA wants to assist small entities in understanding this rule so they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the rule will 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.
E. 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. In particular, 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
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more in any 1 year. Though this rule will not result in such an expenditure, the Agency does discuss the effects of this rule elsewhere in this preamble.
F. Paperwork Reduction Act This final rule contains no information collection requirements under the Paperwork Reduction Act of 1995 44 U.S.C. 35013520.
G. 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 will 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.
H. Privacy The Consolidated Appropriations Act, 2005,11 requires the Agency to conduct a privacy impact assessment PIA of a regulation that will affect the privacy of individuals. This rule will not require the collection of personally identifiable information.
The Privacy Act 5 U.S.C. 552a applies only to Federal agencies and any non-Federal agency that receives records contained in a system of records from a Federal agency for use in a matching program.
The E-Government Act of 2002,12
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.
I. E.O. 13175 Indian Tribal Governments 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 11 Public Law 108447, 118 Stat. 2809, 3268 Dec.
4, 2014, note following 5 U.S.C. 552a.
12 Public Law 107347, sec. 208, 116 Stat. 2899, 2921 Dec. 17, 2002.

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