Although, for the reasons stated, we believe that these rules will not have a significant
impact on small entities, specific data that would permit a complete evaluation of the impact on
small entities is not currently available. Therefore, the Departments invite interested persons to
submit comments on the impact of these rules on small entities for consideration in the
development of the final rules implementing NMHPA. Consistent with the RFA, the Departments
also encourage the public to submit comments on alternative rules that will accomplish the stated
purpose of NMHPA and minimize the impact on small entities.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L. 104-4) requires agencies
to prepare several analytic statements before proposing any rules that may result in annual
expenditures of $100 million by State, local, and Indian tribal governments or the private sector.
These rules are not subject to the UMRA because they are interim rules. However, consistent
with the policy embodied in the UMRA, the interim rules have been designed to be the least
burdensome alternative for State, local, tribal governments, and the private sector.
Small Business Regulatory Enforcement Fairness Act of 1996
The Administrator of the Office of Information and Regulatory Affairs of OMB has
determined that this is a major rule for purposes of the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 801 et seq.) (SBREFA). In general, SBREFA provides, among
other things, that a federal agency must submit all rules for full Congressional review. Pursuant to
SBREFA, Congress has 60 session days to review and approve or disapprove a major rule. The
Secretaries have determined that the effective date of these interim rules is January 1, 1999.
Because the effective date of these interim rules is more than 60 days after publication in the