Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations identify drivers who are subject to the prohibition. This rule will address this information gap by making the drivers prohibited status known to SDLAs at the time of a drivers requested licensing transaction. Under this approach, if the SDLAs mandated Clearinghouse query results in notice that the driver is subject to the CMV driving prohibition in 382.501a, the SDLA must not complete the transaction, resulting in non-issuance. This requirement will strengthen enforcement of the CMV
prohibition by ensuring that these drivers complete RTD requirements before obtaining, renewing, transferring, or upgrading a CLP or CDL, as applicable.
The Agency anticipates that, by raising the stakes of non-compliance, the non-issuance and mandatory downgrade requirements will increase compliance with the CMV driving prohibition. As a result, FMCSA expects that some CLP and CDL holders will be deterred from the misuse of drugs or alcohol, though the Agency is unable to estimate the extent of deterrence.
Finally, this rule permits the Agency to use its enforcement resources more efficiently. Previously, FMCSA
generally became aware that a driver was operating a CMV in violation of 382.501a during the course of a compliance review of a motor carrier, or through a focused investigation of a carrier or service agent. The process for imposing sanctions on a driver who tested positive for a controlled substance, but continued to operate a CMV, is a lengthy one that involves outreach to the driver to determine whether RTD requirements have been met, issuance of a Notice of Violation, the drivers possible request for a hearing and potentially a subsequent request for administrative review, and possible issuance of a Letter of Disqualification LOD to the driver, based on 391.41b12.48 FMCSA may then forward the LOD to the SDLA, requesting that the drivers CDL be downgraded. Under current regulations, the SDLA is not obligated to comply with that request. The downgrade requirement obviates the need for this time-consuming and labor-intensive process, thus enabling the Agencys enforcement resources to be deployed more effectively.
lotter on DSK11XQN23PROD with RULES1

B. Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801, et seq., the Office of 48 Section 391.41b12 applies only to the use of controlled substances; alcohol use, test refusals, and actual knowledge violations are not a basis for disqualification under this provision.

VerDate Sep<11>2014

16:21 Oct 06, 2021

Jkt 256001

Information and Regulatory Affairs OIRA designated this rule as not a major rule, as defined by 5 U.S.C.
8042.49
C. Regulatory Flexibility Act Small Entities The Regulatory Flexibility Act of 1980
RFA 5 U.S.C. 601, et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 SBREFA Pub. L. 104121, 110
Stat. 857, requires Federal agencies to consider the impact of their regulatory proposals on small entities, analyze effective alternatives that minimize small entity impacts, and make their analyses available for public comment.
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 entities. Consistent with SBREFA and DOT policy, FMCSA
conducted an initial regulatory flexibility analysis IRFA, published the analysis with the NPRM, and requested comments. FMCSA
subsequently reviewed the available information on the number affected small entities and the impact of the rule on those small entities and presents the analysis and certification below.
Affected Small Entities The term small entities means 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 under 50,000. This rule will impact States, AAMVA, drivers, motor carriers, and FMCSA. Under the standards of the RFA, as amended, States are not small entities because they do not meet the definition of a small entity in section 601 of the RFA.
Specifically, States are not small governmental jurisdictions under section 6015 of the RFA, both because State government is not 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 the criterion 49 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 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.

PO 00000

Frm 00055

Fmt 4700

Sfmt 4700

55739

to be a small governmental jurisdiction under section 6015 of the RFA.
CLP and CDL holders are not considered small entities because they do not meet the definition of a small entity in Section 601 of the RFA.
Specifically, these drivers are considered neither a small business under Section 6013 of the RFA nor a small organization under Section 6014.
Under the RFA, as amended, motor carriers may be considered small entities based on the SBA-defined 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.50 This rule could affect motor carriers in many different industry sectors in addition to the Transportation and Warehousing sector NAICS sectors 48 and 49; for example, the Construction sector NAICS sector 23, the Manufacturing sector NAICS sectors 31, 32, and 33, and the Retail Trade sector NAICS
sectors 44 and 45. Industry groups within these sectors have size standards for qualifying as small based on the number of employees e.g., 500
employees, or on the amount of annual revenue e.g., $27.5 million in revenue.
Not all entities within these industry sectors will be impacted by this rule, and therefore FMCSA cannot determine the number of small entities based on the SBA size standards. However, it is plausible to estimate that if each affected driver worked for a distinct motor carrier, a maximum of 5,045
motor carriers would be impacted by this rule annually. The 2020 Pocket Guide to Large Truck and Bus Statistics estimates that there were approximately 603,000 interstate motor carriers and intrastate hazardous materials motor carriers in 2019.51 Therefore, this rule could impact a maximum of 0.84
percent of interstate motor carriers and intrastate hazardous materials motor carriers. FMCSA does not consider 0.84
percent to be a substantial number of small entities.
Impact Motor carriers may incur opportunity costs as a result of this rule if a driver employed by a given motor carrier is 50 Executive Office of the President, OMB. North American Industry Classification System. 2017.
Available at: https www.census.gov/eos/www/
naics/2017NAICS/2017_NAICS_Manual.pdf Accessed July 24, 2020.
51 U.S. Department of Transportation, Federal Motor Carrier Safety Administration. 2020 Pocket Guide to Large Truck and Bus Statistics October 2020. Available at: https www.fmcsa.dot.gov/sites/
fmcsa.dot.gov/files/2020-10/FMCSA%20Pocket%20
Guide%202020-v8-FINAL-10-29-2020.pdf accessed on October 30, 2020.

E:FRFM07OCR1.SGM

07OCR1