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Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations
timeframe would be sufficient for implementation of the ELDT
requirements.
FMCSA Response: As noted in the interim rule, FMCSA experienced IT
development issues, including changes to DOT internal requirements for cloudbased IT systems, which added time to the development process. This delay also impacts the States, as SDLAs cannot implement necessary IT changes until FMCSA completes its IT
specifications.

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VII. Section-by-Section Analysis This final rule affirms the changes made by the interim rule. It also makes non-substantive revisions to correct errors that were discovered after the interim rule published. These affirmed changes and non-substantive revisions are as follows:
FMCSA revises the headings for subparts E and F in part 380, to reflect the change in the compliance date for entry-level drivers to obtain the training set forth in subpart F. This change was inadvertently left out of the interim rule, though it was included as an intended change in the section-by-section analysis of that document. The changes to the headings have no impact, however, as the actual regulatory text included the changed dates. FMCSA
affirms the revisions to 380.600 and 380.603. FMCSA also revises the heading for subpart G in part 380, which was erroneously left out of the interim rule. Finally, FMCSA is making a technical correction in 380.707a to add a missing word.
FMCSA affirms the changes in 383.71, paragraphs a3, b11, and e5, which changed the individual drivers compliance date from February 7, 2020, to February 7, 2022.
FMCSA also affirms the changes in 383.73: In paragraphs b11, e9, and p, the interim rule changed the States compliance date from February 7, 2020, to February 7, 2022; and in paragraphs b3 introductory text, b3ii, and e9, FMCSA made clarifying changes.
Finally, the Agency affirms the change to the States compliance date in 384.230 and 384.301, from February 7, 2020, to February 7, 2022. FMCSA is also making changes to cross references in 384.230, to account for the changes made in 383.73.

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VIII. Regulatory Analyses A. Executive Order E.O. 12866
Regulatory Planning and Review, E.O.
13563 Improving Regulation and Regulatory Review, and DOT
Regulatory Policies and Procedures This final rule is not a significant regulatory action under section 3f of E.O. 12866, Regulatory Planning and Review, as supplemented by E.O. 13563
76 FR 3821, January 21, 2011, and is also not significant within the meaning of DOT regulations 49 CFR 5.13a and does not require an assessment of potential costs and benefits under E.O.
12866. Accordingly, OMB has not reviewed it under that order.
Because the interim rule was effective upon publication, the Agency treats the interim rule as the baseline for this analysis. Therefore, this final rule will not result in any incremental impacts relative to that baseline, as it merely finalizes the 2-year extension of the interim rule.1
B. Congressional Review Act This rule is not a major rule as defined under the Congressional Review Act 5 U.S.C. 801, et seq..2
C. Regulatory Flexibility Act The Regulatory Flexibility Act RFA
of 1980 5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, 110 Stat. 857
Mar. 29, 1996, note following 5 U.S.C.
601, requires Federal agencies to consider the effects of the regulatory action on small entities, analyze effective alternatives that minimize small entity impacts, and make their analyses available for public comment.
The term small entities comprises small businesses and not-for-profit 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 1 The full regulatory analyses may be found in the interim rule located in the public docket for this rulemaking FMCSA2007277481474.
2 A major rule means any rule that the Administrator of the Office of Information and Regulatory Affairs 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 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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mandates that agencies strive to lessen any adverse effects on these businesses.
FMCSA is not required to complete a regulatory flexibility analysis because the interim rule was not subject to notice and comment under section 553b of the Administrative Procedure Act 5 U.S.C. 553b.
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 final rule so that 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 FMCSA
point of contact listed in the FOR
FURTHER INFORMATION CONTACT section of this final rule.
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 $168 million which is the value equivalent of $100,000,000 in 1995, adjusted for inflation to 2019 levels or more in any one year. Though this final rule will not result in such an expenditure, the Agency does discuss the effects of this rule in section IX, subsections A. and B., above.
F. Paperwork Reduction Act This rule calls for an information collection under the Paperwork Reduction Act of 1995 44 U.S.C. 3501

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