Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations SBA Advocacy also requested that the Department include increased wage costs to employers in the Regulatory Flexibility Analysis RFA. As noted in Section C.2.c., the Department estimated that transfers associated with increased wages for employees could be anything up to $733 million, but there is too much uncertainty to further refine the estimate to determine exactly how much employees wages would change. The Department lacks data to determine how many employers changed employees wages following the 20182019
guidance and the publication of the 2020 Final Rule, and so therefore cannot determine how wages would change with the publication of this rule. The Department has not calculated a definitive estimate of transfers, and does not believe that it is appropriate to include increased wage costs in the cost calculations for the RFA. However, as an illustrative example, the Department has provided the following rough analysis using the upper bound of transfers. It is difficult to determine how the transfers discussed in this rule would be spread across establishments, because not all establishments have tipped workers or use the tip credit.
However, for purposes of this example, assuming all transfers are spread equally across establishments, dividing the upper bound of transfers $733,000,000
by the total number of affected establishments used in the transfer analysis 470,894 yields a perestablishment wage cost of $1,557. For small businesses, even for the industry size class with the lowest average receipts per firm $160,369, total costs $2,035 consisting of increased wages, rule familiarization, adjustment, and management costs are only 1.3 percent of revenues.83 84 For all other industries and size classes, total costs are a smaller share of small business revenues.
Therefore, as presented in the tables above, and even when including an example estimate of increased wage costs, the rule will not have a significant economic impact on a substantial number of small entities.

khammond on DSKJM1Z7X2PROD with RULES2

VII. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 UMRA 85 requires agencies to prepare a written statement for rules 83 The industry size class with the lowest average receipts per firm are firms with 04 employees in the Snack and Alcoholic Beverage Bars industry.
See Table 10.
84 Total costs include the illustrative example wage costs discussed here $1,516, as well as the per-establishment costs shown in tables 411
$478. $1,557 + $478 = $2,035.
85 See 2 U.S.C. 1501.

VerDate Sep<11>2014

18:37 Oct 28, 2021

Jkt 256001

with a Federal mandate that may result in increased expenditures by State, local, and tribal governments, in the aggregate, or by the private sector, of $165 million $100 million in 1995
dollars adjusted for inflation or more in at least 1 year.86 This statement must:
1 Identify the authorizing legislation;
2 present the estimated costs and benefits of the rule and, to the extent that such estimates are feasible and relevant, its estimated effects on the national economy; 3 summarize and evaluate State, local, and Tribal government input; and 4 identify reasonable alternatives and select, or explain the non-selection, of the least costly, most cost-effective, or least burdensome alternative.
A. Authorizing Legislation This final rule is issued pursuant to the Fair Labor Standards Act, 29 U.S.C.
201, et seq.
1. Assessment of Costs and Benefits For purposes of the UMRA, this rule includes a Federal mandate that would result in increased expenditures by the private sector of more than $156 million in at least 1 year, but will not result in any increased expenditures by State, local, and Tribal governments.
The Department determined that the rule could result in Year 1 total costs for the private sector of $224.9 million, for regulatory familiarization, adjustment costs, and management costs. The Department determined that the rule could result in management costs of $177.2 million in subsequent years.
Furthermore, the Department estimates that there may substantial transfers experienced as UMRA-relevant expenditures by employers.
UMRA requires agencies to estimate the effect of a regulation on the national economy if such estimates are reasonably feasible and the effect is relevant and material.87 However, OMB
guidance on this requirement notes that such macroeconomic effects tend to be measurable in nationwide econometric models only if the economic effect of the regulation reaches 0.25 percent to 0.5 percent of Gross Domestic Product GDP, or in the range of $53.6 billion to $107.2 billion using 2019 GDP.88 A
regulation with a smaller aggregate effect is not likely to have a measurable effect in macroeconomic terms, unless it 86 Calculated using growth in the Gross Domestic Product deflator from 1995 to 2019. Bureau of Economic Analysis. Table 1.1.9. Implicit Price Deflators for Gross Domestic Product.
87 See 2 U.S.C. 1532a4.
88 According to the Bureau of Economic Analysis, 2019 GDP was $21.43 trillion. https www.bea.gov/
system/files/2020-02/gdp4q19_2nd_0.pdf.

PO 00000

Frm 00043

Fmt 4701

Sfmt 4700

60155

is highly focused on a particular geographic region or economic sector, which is not the case with this rule.
The Departments RIA estimates that the total costs of the final rule will be $224.9 million. Given OMBs guidance, the Department has determined that a full macroeconomic analysis is not likely to show that these costs would have any measurable effect on the economy.
VIII. Executive Order 13132, Federalism The Department has 1 reviewed this rule in accordance with Executive Order 13132 regarding federalism and 2
determined that it does not have federalism implications. The rule will not have 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.
IX. Executive Order 13175, Indian Tribal Governments This rule will not have substantial direct effects 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.
Appendix Table 1List of Occupations Included in the Outside-Option Regression Sample Amusement and Recreation Attendants Bus Drivers, School or Special Client Bus Drivers, Transit and Intercity Cashiers Childcare Workers Concierges Door-To-Door Sales Workers, News and Street Vendors, and Related Workers Driver/Sales Workers Flight Attendants Funeral Attendants Hairdressers, Hairstylists, and Cosmetologists Home Health Aides Hotel, Motel, and Resort Desk Clerks Insurance Sales Agents Library Assistants, Clerical Maids and Housekeeping Cleaners Manicurists and Pedicurists Massage Therapists Nursing Assistants Occupational Therapy Aides Office Clerks, General Orderlies Parking Lot Attendants Parts Salespersons Personal Care Aides Pharmacy Aides Pharmacy Technicians Postal Service Clerks Real Estate Sales Agents Receptionists and Information Clerks Recreation Workers Residential Advisors
E:FRFM29OCR2.SGM

29OCR2