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[Billing Codes: 4120-01-P; 4830-01-P; 4510-29-P] - page 30 / 83





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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


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