Quiero saber acerca de...

Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Proposed Rules
3 percent of their total revenue impacted in the first year. Based on the findings presented in Exhibit 11, the proposed rule does not have a significant economic impact on a substantial number of small H2A
employers.

Exhibit 11 provides a breakdown of small entities by the proportion of revenue affected by the costs of the proposed rule. Of the 2,085 unique small entities with revenue data in the FY 2020 and FY 2021 certification data, 1.3 percent of employers had more than
A threshold of 3 percent of revenues has been used in prior rulemakings for the definition of significant economic impact.107 This threshold is also consistent with that sometimes used by other agencies.108

68199

EXHIBIT 11COST IMPACTS AS A PROPORTION OF TOTAL REVENUE FOR SMALL ENTITIES
2020, by NAICS code Proportion of revenue impacted 111998

444220

561730

445230

All other
Total <1%
1%2%
2%3%
3%4%
4%5%
>5%

601 98.4%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
10 1.6%

162 100.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%

132 98.5%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
2 1.5%

126 99.2%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
1 0.8%

1,033 98.3%
3 0.3%
1 0.1%
2 0.2%
1 0.1%
11 1.0%

2,054 98.5%
3 0.1%
1 0.0%
2 0.1%
1 0.0%
24 1.2%

Total >3%

10 1.6%

0 0.0%

2 1.5%

1 0.8%

14 1.3%

27 1.3%

2021, by NAICS code <1%
1%2%
2%3%
3%4%
4%5%
>5%

606 99.2%
0 0.0%
1 0.2%
0 0.0%
0 0.0%
4 0.7%

162 100.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
0 0.0%

131 97.8%
1 0.7%
0 0.0%
0 0.0%
0 0.0%
2 1.5%

125 98.4%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
2 1.6%

1,025 97.5%
5 0.5%
2 0.2%
1 0.1%
1 0.1%
17 1.6%

2,049 98.3%
6 0.3%
3 0.1%
1 0.0%
1 0.0%
25 1.2%

Total >3%

4 0.7%

0 0.0%

2 1.5%

2 1.6%

19 1.8%

27 1.3%

E. Executive Order 13132 Federalism
The Unfunded Mandates Reform Act of 1995 UMRA is intended, among other things, to curb the practice of imposing unfunded Federal mandates on State, local, and tribal governments.
Title II of UMRA requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final agency rule that may result in a $100 million or more expenditure adjusted annually for inflation in any one year by State, local, and tribal governments, in the aggregate, or by the private sector. The inflationadjusted value equivalent of $100
million in 1995 adjusted for inflation to 2019 levels by the Consumer Price Index for All Urban Consumers CPIU
is approximately $168 million based on the Consumer Price Index for All Urban Consumers.109
This proposed rule does not result in unfunded mandates for the public or private sector because private employers participation in the program is voluntary, and State governments are reimbursed for performing activities required under the program. The requirements of Title II of the UMRA, therefore, do not apply, and the Department has not prepared a statement under the UMRA.

107 See, e.g., NPRM, Increasing the Minimum Wage for Federal Contractors, 79 FR 60634 Oct. 7, 2014 establishing a minimum wage for contractors; Final Rule, Discrimination on the Basis of Sex, 81 FR 39108 June 15, 2016.
108 See, e.g., Final Rule, Medicare and Medicaid Programs; Regulatory Provisions to Promote Program Efficiency, Transparency, and Burden Reduction; Part II, 79 FR 27106 May 12, 2014
Department of Health and Human Services rule stating that under its agency guidelines for
conducting regulatory flexibility analyses, actions that do not negatively affect costs or revenues by more than three percent annually are not economically significant.
109 See BLS, Historical Consumer Price Index for All Urban Consumers CPIU: U.S. City Average, All Items, By Month, https www.bls.gov/cpi/
tables/supplemental-files/historical-cpi-u202003.pdf last visited Aug. 19, 2021.
Calculation of inflation: 1 Calculate the average monthly CPIU for the reference year 1995 and the
current year 2019; 2 Subtract reference year CPI
U from current year CPIU; 3 Divide the difference of the reference year CPIU and current year CPI
U by the reference year CPIU; 4 Multiply by 100
= Average monthly CPIU for 2019Average monthly CPIU for 1995/Average monthly CPIU
for 1995 100 = 255.657152.383/152.383
100 = 103.274/152.383 100 = 0.6777 100 =
67.77 percent = 68 percent rounded. Calculation of inflation-adjusted value: $100 million in 1995
dollars 1.68 = $168 million in 2019 dollars.

C. Paperwork Reduction Act The Paperwork Reduction Act of 1995
PRA, 44 U.S.C. 3501, et seq., and its attendant regulations, 5 CFR part 1320, require the Department to consider the agencys need for its information collections and their practical utility, the impact of paperwork and other information collection burdens imposed on the public, and how to minimize those burdens. This proposed rule does not require a collection of information subject to approval by OMB under the PRA, or affect any existing collections of information.

lotter on DSK11XQN23PROD with PROPOSALS1

D. Unfunded Mandates Reform Act of 1995

VerDate Sep<11>2014

16:56 Nov 30, 2021

Jkt 256001

PO 00000

Frm 00034

Fmt 4702

Sfmt 4702

This 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. Therefore, in accordance with section 6 of E.O. 13132, it is determined that this proposed rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.
F. Executive Order 12988 Civil Justice Reform This proposed rule meets the applicable standards set forth in sections 3a and 3b2 of E.O. 12988.

E:FRFM01DEP1.SGM

01DEP1