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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations
the compliance date with the date when the systems will be ready and thus, when the costs and benefits estimated in the 2015 final rule can be realized. As such, this rule will not result in a significant economic impact on the MEs.
CMV drivers are not considered small entities because they do not meet the definition of a small entity in Section 601 of the RFA. Specifically, CMV
drivers are considered neither a small business under the RFA 5 U.S.C.
6013, nor are they considered a small organization under the RFA 5 U.S.C.
6014.
All motor carriers will likely be impacted by this rule; however, the rule would impose no new obligations.
FMCSA does not know how many of these motor carriers are considered small. The U.S. Small Business Administration SBA defines the size standards used to classify entities as small. SBA establishes separate standards for each industry, as defined by the North American Industry Classification System NAICS.6 This rule may affect many different industry sectors; for example, the transportation sector e.g., general freight trucking industry group 4841 and the specialized freight trucking industry group 4842, the agricultural sector 11, and the construction sector 23.
Industry groups within these sectors have size standards based on the number of employees, or on the amount of annual revenue. Regardless of how many small entities are in this population, this rule is not expected to generate any economic costs or benefits.
Therefore, FMCSA estimates that, while this rule as proposed may affect a substantial number of small entities, it will not have a significant impact on those entities.
This rule directly affects the States through their SDLAs. Under the standards of the RFA, as amended by the SBREFA, the States are not small entities. States are not considered small entities because they do not meet the definition of a small entity in the RFA.
Specifically, States are not considered small governmental jurisdictions under the RFA 5 U.S.C. 6015, both because State government is not included among the various levels of government listed in Section 6015, and because, even if this were the case, no State, including the District of Columbia, has a population of less than 50,000, which is 6 Executive
Office of the President, Office of Management and Budget OMB. North American Industry Classification System. 2017. Available at:
https www.census.gov/eos/www/naics/
2017NAICS/2017_NAICS_Manual.pdf accessed March 20, 2018.

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the criterion for a governmental jurisdiction to be considered small under the RFA.
Consequently, I hereby certify that this 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 1996,7
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 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.
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 1 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 This rule contains no new information collection requirements 7 Public Law 104121, 110 Stat. 857, Mar. 29, 1996.

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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, 2005,8 requires the Agency to assess the privacy impact of a regulation that will affect the privacy of individuals. This final rule would not require the collection of personally identifiable information PII.
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 2002,9
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 Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.
8 Public Law 108447, 118 Stat. 2809, 3268, note following 5 U.S.C. 552a Dec. 4, 2014.
9 Public Law 107347, sec. 208, 116 Stat. 2899, 2921 Dec. 17, 2002.

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