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khammond on DSKJM1Z7X2PROD with PROPOSALS

Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Proposed Rules Fairness Act of 1996, and E.O. 13272, the Agency conducted a threshold regulatory flexibility analysis to determine whether the proposed rule would have a significant economic impact on a substantial number of small entities. If the threshold regulatory flexibility analysis supports a determination that the proposed rule would not have a significant economic impact on a substantial number of small entities, a regulatory flexibility analysis is not needed.
Pursuant to the threshold regulatory flexibility analysis, the Agency has determined that the proposed rule would impact 1,448 unique entities that hold a communications use authorization. Of those 1,448 unique entities, 1,080 qualify as small entities, including 645 small businesses, 187
small governmental entities, and 248
small organizations.
The threshold RFA analysis results suggest that the economic impact from the proposed rule would be less than 1% of annual salaries and wages for most 180 of 187 small governments that currently hold a communications use authorization. Of the seven small governments with an estimated economic impact greater than 1%, only 3 small governments are projected to experience an economic impact of approximately 9% to 14% of annual salaries and wages, but they account for less than 1% of the estimated population of small local governmental units cities and towns within the economic impact areas of National Forests.
The threshold RFA analysis results show that the economic impact from the proposed rule would be less than 0.5%
of annual expenses for 74 or 30% of the 248 small organizations known to have communications use authorizations.
The economic impact would range from approximately 1% to 2% of annual expenses for 138 or 56% of small organizations and approximately 2% to 5% of annual expenses for 33 or 13%
of small organizations. The remaining 3
or 1% of small organizations are projected to experience an economic impact of approximately 5% to 11% of annual expenses from the proposed rule. There may be unknown small organizations that would be subject to the proposed rule, but the relatively low number of known small organizations projected to experience an economic impact of approximately 2% to 5% of annual expenses and the few organizations estimated at 3 projected to experience an economic impact of approximately 5% to 11% of annual expenses suggest that the proposed rule would not have a significant economic
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impact on a substantial number of small organizations.
The threshold RFA analysis results suggest that the average annual programmatic administrative fees under the proposed rule i.e., its economic impact would be 1% or less of annual receipts for 536 83% of the 645 small businesses that have existing communications use authorizations.
The 536 include all small businesses with annual receipts of $100,000 to $500,000 except for 7 small businesses in the Wireless Telecommunications industry, as well as small businesses with annual receipts greater than $500,000.
Economic impacts are estimated to be 4% to 5% of annual receipts for the remaining 109 small businesses distributed across 65 industries and earning annual receipts of less than $100,000 representing the smallest receipt category. For most industries, only 1 to 5 small businesses per industry are projected to experience economic impacts of 4% to 5% of annual receipts. The 1 to 5 small businesses account for 8% to 17% of small businesses with communications use authorizations within each industry and less than 0.1% to 8% of the U.S.
population of small businesses with annual receipts of less than $100,000
within each industry. For two industries, Telecommunications Resellers NAICS 517911 and Other Telecommunications NAICS 517919, 20 and 19 small businesses, respectively, are estimated to experience impacts of 5%, accounting for 13% and 24%, respectively, of small businesses with communications use authorizations in these two industries and 4% and 8% of the U.S. small business population with annual receipts of less than $100,000 in these two industries.
The programmatic efficiencies from a more modernized, efficient, and enhanced communications use program funded by the annual programmatic administrative fee would benefit small entity communications use authorization holders.
For the foregoing reasons, the proposed rule would not have a significant economic impact on a substantial number of small entities, and small entities are expected to benefit indirectly from programmatic changes made possible by the programmatic administrative fees under the proposed rule. Therefore, an RFA
analysis is not required for the proposed rule.

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Federalism The Agency has considered the proposed rule under the requirements of E.O. 13132, Federalism. The Agency has determined that the proposed rule conforms with the federalism principles set out in this E.O.; would not impose any compliance costs on the states; and would not have substantial direct effects on the states, on the relationship between the Federal government and the states, or on the distribution of power and responsibilities among the various levels of government. Therefore, the Agency has concluded that the proposed rule does not have federalism implications.
Consultation and Coordination With Indian Tribal Governments The Agency has reviewed this proposed rule in accordance with the requirements of E.O. 13175, Consultation and Coordination with Indian Tribal Governments. The Agency has determined that national tribal consultation is not necessary for the proposed rule. The proposed rule, which would implement the statutory requirement to charge an annual programmatic administrative fee for communications use authorizations to cover the Agencys costs of administering its communications use program, is programmatic and would not have any direct effects on tribes.
Tribal consultation will occur as appropriate in connection with specific applications for communications facilities on NFS lands.
Environmental Justice The Agency has considered the proposed rule under the requirements of E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations. The Agency has determined that the proposed rule is consistent with E.O. 12898.
No Takings Implications The Agency has analyzed the proposed rule in accordance with the principles and criteria in E.O. 12630, Governmental Actions and Interference with Constitutionally Protect Property Rights. The Agency has determined that the proposed rule would not pose the risk of a taking of private property.
Energy Effects The Agency has reviewed the proposed rule under E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. The Agency has determined that the proposed rule would not constitute a significant
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