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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Proposed Rules
VII. Section-by-Section Analysis Section 385.4 Matter Incorporated by Reference Section 385.4b1, as amended on February 24, 2020, references the April 1, 2019, edition of the CVSA handbook.
This NPRM would replace the reference to the April 1, 2019, edition date with a reference to the new edition date of April 1, 2021.
VIII. Regulatory Analyses
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A. Executive Order E.O. 12866
Regulatory Planning and Review, E.O.
13563 Improving Regulation and Regulatory Review, and DOT
Regulations FMCSA has considered the impact of this proposed rule under E.O. 12866 58
FR 51735, Oct. 4, 1993, Regulatory Planning and Review, E.O. 13563 76 FR
3821, Jan. 21, 2011, Improving Regulation and Regulatory Review, and DOTs regulatory policies and procedures. OIRA determined that this proposed rule is not a significant regulatory action under section 3f of E.O. 12866, as supplemented by E.O.
13563, and does not require an assessment of potential costs and benefits under section 6a3 of that Order. Accordingly, OMB has not reviewed it under these Orders.
The proposed rule, if finalized, would update an incorporation by reference from the April 1, 2019, edition to the April 1, 2021, edition of CVSAs handbook titled North American Standard Out-of-Service Criteria and Level VI Inspection Procedures and Outof-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR part 173.403. FMCSA reviewed its MCMIS
data on inspections performed from 2015 to 2019 and does not expect the handbook updates to have any effect on the number of OOS violations cited during Level VI inspections. Therefore, the proposed rules impact would be de minimis.
B. Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801, et seq., the Office of Information and Regulatory Affairs OIRA designated this rulemaking as not a major rule, as defined by 5
U.S.C. 8042.4
4 A major rule means any rule that the Administrator of OIRA 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
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C. Regulatory Flexibility Act Small Entities The Regulatory Flexibility Act of 1980
5 U.S.C. 601 et seq. RFA, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 Pub.
L. 104121, 110 Stat. 857, 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-forprofit 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.
None of the updates from the 2021
edition imposes new requirements or makes substantive changes to the FMCSRs.
When an Agency issues a rulemaking proposal, the RFA requires the Agency to prepare and make available an initial regulatory flexibility analysis that will describe the impact of the proposed rule on small entities 5 U.S.C.
603a. Section 605 of the RFA allows an agency to certify a rule, instead of preparing an analysis, if the proposed rule is not expected to impact a substantial number of small entities.
The proposed rule would update an incorporation by reference found at 49
CFR 385.4b1 and referenced at 49
CFR 385.415b, and would incorporate by reference the April 1, 2021, edition of the CVSA handbook. The changes to the 2021 edition of the CVSA handbook from the 2019 edition are intended to ensure clarity in the presentation of the OOS conditions, and are generally editorial or ministerial. As noted above, FMCSA does not expect the changes made in the 2021 edition of the CVSA
handbook to affect the number of OOS
violations cited during Level VI
inspections. Accordingly, I certify that, if promulgated, this proposed rule will not have a significant economic impact on a substantial number of small entities. FMCSA invites comments from anyone who believes there will be a significant impact on small entities from this action.
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.

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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 rulemaking so they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the rulemaking 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.
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 more in any one year. Though this rulemaking would not result in such an expenditure, the Agency does discuss the effects of this rulemaking elsewhere in this preamble.
F. Paperwork Reduction Act This rulemaking contains no new 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
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