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Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations
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subject to reinstatement and is ineligible to resume safety-sensitive functions, such as driving, until the SDLA restores the CLP or CDL privilege to the drivers license. In order to determine if this impact would be significant, FMCSA
considers the impact as a percentage of annual revenue and estimates the impact to be significant if it surpasses one percent of revenue. For each affected driver, the motor carrier will incur an opportunity cost of $36 $3.59
10 hours. The motor carrier would need to have annual revenue below $3,589 $36 0.01 in order for this impact to reach the threshold of significance. It is not possible to determine the maximum number of drivers that would be affected at a given motor carrier in any one year. For illustrative purposes, FMCSA depicts the impact if a motor carrier employed 15 affected drivers. The annual opportunity cost would be $538 $3.59
10 hours 15 drivers, and the motor carrier would need to have annual revenues of $53,835 for the impact to be considered significant. FMCSA
considers it unlikely that a motor carrier would be able to operate with such low revenues in light of the sizeable expenses to own and maintain CMVs, and support employees. The impact of this rule increases linearly with the number of affected drivers i.e., for each affected driver, the impact increases by $36 per year, and as such, FMCSA does not anticipate that this rule will result in a significant impact on small motor carriers regardless of the number of affected drivers per motor carrier.
Therefore, I hereby certify that this rule will not have a significant impact on a substantial number of small entities.
D. Assistance for Small Entities In accordance with section 213a of SBREFA, FMCSA wants to assist small entities in understanding this final rule so they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the final 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 Office of the National Ombudsman, see https www.sba.gov/about-sba/

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oversight-advocacy/office-nationalombudsman 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 $168 million which is the value equivalent of $100 million in 1995, adjusted for inflation to 2019 levels or more in any one year. Though this final rule would not result in such an expenditure, the Agency does discuss the effects of this rule elsewhere in this preamble.
F. Paperwork Reduction Act Collection of Information This final rule contains no new information collection requirements under the Paperwork Reduction Act of 1995 44 U.S.C. 35013520. The information collection requirements established in the 2016 final rule were approved under OMB Control Number 21260057. Notwithstanding any other provision of law, no person is required to respond to a collection of information unless that collection displays a valid OMB control number.
G. E.O. 13132 Federalism A rule has implications for federalism if, pursuant to Section 1a of E.O.
13132, 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
analyzed this final rule under that Order and determined that it has implications for federalism. A summary of the impact of federalism in this rule follows.
MAP21 49 U.S.C. 31306al1 and 2 expressly preempts State laws and regulations pertaining to CDL holders who have violated drug and alcohol program requirements that are inconsistent with Section 31306a or Federal regulations implementing Section 31306a. Section 31306al2

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specifies that State-based requirements pertaining to the reporting of violations of FMCSAs drug and alcohol use and testing program are included within the scope of the preemption set forth in subparagraph 1. MAP21 excepts from preemption State laws and regulations relating to an action taken on the CDL
of a driver who violates FMCSAs drug and alcohol program 49 U.S.C.
31306al3. The impact of these statutory provisions on the States is discussed in Section V. as noted below.
In addition, this final rule establishes minimum requirements for the issuance of CLPs and CDLs by the States, consistent with the Agencys authority under 49 U.S.C. 31308 and 31305a.
Though the Agencys CDL regulations in 49 CFR parts 383 and 384 impact the States, they do not directly preempt any State law or regulation. In order to avoid having amounts withheld from their Highway Trust Fund apportionment, States participating in the CDL program must substantially comply with the requirements of 49 U.S.C. 31311a, as defined in 49 CFR 384.301, and must annually certify substantial compliance as set forth in 49 CFR 384.305. States determined by FMCSA to be in substantial non-compliance are subject to withholding of a portion of the States Highway Trust Fund apportionment in accordance with 49 U.S.C. 31314 and 49
CFR 384.401.
In accordance with section 6c2 of E.O. 13132, the Agencys federalism summary impact statement, set forth below, describes FMCSAs prior consultation with State officials, summarizes their concerns and the Agencys position supporting the need to issue the final rule, and addresses the extent to which the concerns of State officials have been met.
Federalism Summary Impact Statement In accordance with sections 4e and 6c1 of E.O. 13132, FMCSA consulted with the National Governors Association, the National Conference of State Legislatures, and AAMVA early in the process of developing this rule to gain insight into the federalism implications of regulations implementing the MAP21
requirements. The States representatives requested that the rule delineate the States role and responsibilities regarding the Clearinghouse, as well as the potential cost implications for the States, as clearly as possible and in a manner consistent with congressional intent.
They also requested that the preemptive effect of MAP21 on existing State laws requiring the reporting of FMCSAs drug and alcohol program violation to the
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