57014 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Proposed Rules 

construction related issues. 

Accordingly, NCUA proposes to extend 

the three-year time period to six years 

for RegFlex FCUs but only with respect 

to the acquisition of unimproved land. 

NCUA believes six years is a sufficiently 

long time period to provide RegFlex 

FCUs with the flexibility they need to 

manage their fixed asset portfolios, in 

any context, free of unnecessary 

regulation and consistent with safe and 

sound credit union operations. All other 

substantive aspects of the fixed asset 

rule remain unchanged, including an 

FCU’s ability to request a waiver of the 

partial occupancy requirement. 

C. Regulatory Procedures 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

requires NCUA to prepare an analysis to 

describe any significant economic 

impact a proposed rule may have on a 

substantial number of small entities 

(primarily those under ten million 

dollars in assets). This rule provides 

additional flexibility and reduces 

regulatory burden. Accordingly, this 

proposed rule will not have a significant 

economic impact on a substantial 

number of small credit unions, and 

therefore, no regulatory flexibility 

analysis is required. 

Paperwork Reduction Act 

NCUA has determined that this rule 

will not increase paperwork 

requirements under the Paperwork 

Reduction Act of 1995 and regulations 

of the Office of Management and 

Budget. 

Executive Order 13132 

Executive Order 13132 encourages 

independent regulatory agencies to 

consider the impact of their actions on 

state and local interests. In adherence to 

fundamental federalism principles, 

NCUA, an independent regulatory 

agency as defined in 44 U.S.C. 3502(5), 

voluntarily complies with the executive 

order. This proposed rule would not 

have a substantial direct effect 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. NCUA has 

determined that this proposed rule does 

not constitute a policy that has 

federalism implications for purposes of 

the executive order. 

The Treasury and General Government 

Appropriations Act, 1999—Assessment 

of Federal Regulations and Policies on 

Families 

NCUA has determined that this 

proposed rule will not affect family 

well-being within the meaning of 

section 654 of the Treasury and General 

Government Appropriations Act, 1999, 

Public Law 105–277, 112 Stat. 2681 

(1998). 

Agency Regulatory Goal 

NCUA’s goal is to promulgate clear 

and understandable regulations that 

impose minimal regulatory burden. We 

request your comments on whether the 

proposed rule is understandable and 

minimally intrusive if implemented as 

proposed. 

List of Subjects 

12 CFR Part 701 

Credit unions. 

12 CFR Part 742 

Credit unions, reporting and 

recordkeeping requirements. 

By the National Credit Union 

Administration Board on September 25, 

2008. 

Mary Rupp, 

Secretary of the Board. 

For the reasons discussed above, 

NCUA proposes to amend 12 CFR parts 

701 and 742 as follows: 

PART 701—ORGANIZATION AND 

OPERATIONS OF FEDERAL CREDIT 

UNIONS 

1. The authority citation for part 701 

continues to read as follows: 

Authority: 12 U.S.C. 1752(5), 1755, 1756, 

1757, 1759, 1761a, 1761b, 1766, 1767, 1782, 

1784, 1787, and 1789. Section 701.6 is also 

authorized by 31 U.S.C. 3717. Section 701.31 

is also authorized by 15 U.S.C. 1601 et seq., 

42 U.S.C. 1861 and 42 U.S.C. 3601–3610. 

Section 701.35 is also authorized by 42 

U.S.C. 4311–4312. 

2. Section 701.36(d) introductory text 

is amended by adding a new second 

sentence to read as follows: 

§ 701.36 FCU Ownership of fixed assets. 

* * * * * 

(d) * * * Those federal credit unions 

are also exempt from the three-year 

partial occupancy requirement 

described in paragraph (b) of this 

section when acquiring unimproved 

land for future expansion pursuant to 

the terms of section 742.4(a)(3) of this 

chapter. * * * 

* * * * * 

PART 742—REGULATORY 

FLEXIBILITY PROGRAM 

3. The authority citation for part 742 

continues to read as follows: 

Authority: 12 U.S.C. 1756, 1766. 

4. Section 742.4(a)(3) is amended by 

adding two sentences at the end to read 

as follows: 

§ 742.4 RegFlex Relief. 

(a) * * * 

(3) * * * Section 701.36(b)(2) of this 

chapter concerning the three-year 

partial occupancy requirement when 

acquiring unimproved land for future 

expansion; RegFlex credit unions are 

instead subject to a six-year partial 

occupancy requirement when acquiring 

unimproved land but remain subject to 

all other provisions of that section 

including the waiver provision; 

* * * * * 

[FR Doc. E8–23039 Filed 9–30–08; 8:45 am] 

BILLING CODE 7535–01–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Parts 121, 125, 127, and 134 

The Women-Owned Small Business 

Federal Contract Assistance 

Procedures 

AGENCY: Small Business Administration. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: The U.S. Small Business 

Administration (SBA) is seeking 

comments on a data issue involving the 

Women-Owned Small Business (WOSB) 

Federal Contract Assistance Procedures 

authorized under Section 8(m) of the 

Small Business Act. Specifically, SBA is 

seeking comments on two data sets: the 

Central Contractor Registration (CCR) 

data set which was used in the RAND 

report and the proposed rule for the 

WOSB Federal Contract Assistance 

Procedures to determine the 

representation of WOSBs in Federal 

procurement in the various industries 

and a non-public Survey of Business 

Owners (SBO) data set from the 

Economic Census, which was not 

previously used in the RAND report or 

the proposed rule to determine the 

representation of WOSBs in Federal 

procurement in the various industries. 

This request for comments is intended 

to stimulate dialogue on available data 

sets and the comments will be evaluated 

to determine which data set will 

provide the soundest basis to identify 

industries in which WOSBs are 

underrepresented in Federal 

procurement. 

DATES: The SBA must receive comments 

on or before October 31, 2008. 

ADDRESSES: You may submit comments 

by any of the following methods: 


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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Proposed Rules 57015 

1The statutory procurement goal for small 

business concerns owned and controlled by women 

states that: ‘‘The Government-wide goal for 

participation by small business concerns owned 

and controlled by women shall be established at not 

less than 5 percent of the total value of all prime 

contract and subcontract awards for each fiscal 

year.’’ 15 U.S.C. 644(a). Congress authorized the 

contracting assistance procedures in Section 8(m) as 

a result of the Federal Government’s persistent 

deficiencies in achieving this goal. Thus, the 

disparity measure based on contract dollars is 

consistent with the five percent goal, which is also 

based on contract dollars. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail, Hand Delivery/Courier: Linda 

Korbol, Assistant Administrator for 

Women’s Procurement, Office of 

Government Contracting, Small 

Business Administration, 409 Third 

Street, SW., Washington, DC 20416. 

All comments will be posted on 

http://www.regulations.gov. If you wish 

to submit confidential business 

information (CBI) as defined in the User 

Notice at http://www.regulations.gov, 

please submit the comments to Linda 

Korbol and highlight the information 

that you consider to be CBI and explain 

why you believe this information 

should be held confidential. SBA will 

make a final determination as to 

whether the comments will be 

published. 

FOR FURTHER INFORMATION CONTACT: 

Linda Korbol, Assistant Administrator 

for Women’s Procurement, Office of 

Government Contracting, (202) 205– 

7341. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 27, 2007, the U.S. Small 

Business Administration (SBA or 

Agency) issued a proposed rule, in the 

Federal Register (72 FR 73285), that 

would implement procedures to 

increase procurement opportunities for 

Women-Owned Small Businesses 

(WOSBs), as authorized under Section 

8(m) of the Small Business Act (Act). 

Today, the SBA has published the Final 

Rule setting forth these procedures. 

According to the Final Rule, however, 

the SBA must designate the industries 

to be included in the WOSB Procedures 

by publishing a Notice in the Federal 

Register and posting a list of the 

designated industries on its Internet 

Web site. The SBA has determined that 

additional comment is needed in order 

to ensure that the most accurate 

available data is utilized to determine 

underrepresentation by WOSBs in 

Federal procurement and designate the 

industries that will be included in the 

WOSB Procedures. 

Section 8(m) of the Act (15 U.S.C. 

637(m)) authorizes contracting officers 

to restrict competition to eligible 

WOSBs for certain Federal contracts in 

certain industries. The Final Rule 

authorizes set-asides for industries in 

which WOSBs are determined to be 

underrepresented or substantially 

underrepresented in Federal 

procurement when the procuring agency 

has determined that the set-aside would 

satisfy constitutional requirements. 

Section 8(m) of the Act required SBA to 

conduct a study to identify the 

industries in which WOSBs are 

underrepresented and substantially 

underrepresented in Federal 

procurement and requires the head of 

any department or agency to provide 

SBA with any information that SBA 

deems necessary to conduct the study. 

SBA initially completed the required 

study in September 2001. However, in 

March 2005, the National Academy of 

Sciences (NAS) issued an independent 

evaluation determining that SBA’s 

original study was ‘‘fatally flawed.’’ In 

response to the NAS’s findings, SBA 

issued a solicitation in October 2005 

seeking a contractor to perform a revised 

study in accordance with the NAS 

report. In February 2006, SBA awarded 

a contract to the Kauffman-RAND 

Institute for Entrepreneurship Public 

Policy (RAND) to complete a revised 

study of the availability and utilization 

of WOSBs in prime contracts. The 

RAND report was published in April 

2007 and is available to the public at 

http://www.rand.org/pubs/ 

technical_reports/TR442/. 

As the study explains, WOSB 

representation in the industries is 

generally described by a ‘‘disparity 

ratio,’’ which is a measure comparing 

the utilization of WOSBs to their 

availability in Federal contracting. 

Utilization is measured by comparing 

the presence of WOSBs in Federal 

contracting to an overall measure of 

Federal contracting. Availability is 

measured by comparing the presence of 

WOSBs among firms available for 

Federal contracting to an overall 

measure of available firms. 

In the study, RAND computed 

disparity ratios in twenty-eight different 

ways (for further information about 

these approaches see 72 FR 73285, Dec. 

27, 2007). All of these approaches used 

procurement data from the Federal 

Procurement Data System—Next 

Generation (FPDS/NG) to compute the 

utilization component of the disparity 

ratio. FPDS/NG, which is publicly 

available at http://www.fpds.gov, is a 

Federal government database that 

provides information about the overall 

Federal acquisition process and the 

contracts awarded by the many Federal 

agencies. FPDS/NG contains 

information on individual contract 

actions on prime contracts valued above 

a certain dollar amount. In the proposed 

rule, SBA determined the best measure 

of underrepresentation was using a 

disparity ratio that measures utilization 

by computing the contract dollars 

awarded to WOSBs relative to the total 

contract dollars awarded.1 That 

determination was the subject of 

comments on the proposed rule, and 

additional comment is not sought in this 

notice. 

For the availability component of the 

disparity ratio, in twenty of the twentyeight calculations, RAND utilized the 

Central Contractor Registration (CCR) 

database to measure availability (gross 

receipts for WOSBs relative to gross 

receipts for all firms) and to define a 

group of firms that are ready, willing, 

and able to compete for Federal 

contracts. CCR is the primary registrant 

database for the Federal government. 

Thus, both current and potential Federal 

government registrants are required to 

register in CCR, which can be found at 

http://www.ccr.gov, in order to be 

awarded contracts by the Federal 

agencies. Vendors reporting in CCR 

must provide information concerning its 

type of business, relevant North 

American Industry Classification 

System (NAICS) codes in which it does 

business, business address, annual 

employment, three year average annual 

business revenue and socio-economic 

status. 

For the remaining eight of the twentyeight calculations of the availability 

component of the disparity ratio, RAND 

utilized data from the publicly available 

2002 Survey of Business Owners (SBO) 

from the five-year Economic Census. 

The public-use Economic Census data 

includes aggregate information about 

business owners’ demographic 

characteristics, type of business, and 

gross receipts. In the proposed rule, the 

SBA rejected the disparity measures 

based on SBO data for three reasons: (1) 

Publicly-available SBO data does not 

distinguish between WOSBs and 

women-owned businesses of all sizes, 

(2) SBO data is gathered every five years 

and is generally not available for two 

years after the survey, which impacts its 

timeliness, and (3) the publicly 

available SBO cannot identify industry 

grouping in more detail than the twodigit NAICS level (the NAS 

recommended using the most detailed 

measure possible, specifying either 3- or 

4-digit NAICS codes). Finally, the SBO 


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57016 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Proposed Rules 

data provide a broader perspective on 

availability. Because the SBO data set 

generally considers all firms in the 

economy, it may overestimate the 

amount of firms that are clearly ‘‘ready, 

willing, and able’’ to perform Federal 

contracts. CCR and SBO were the only 

data sources identified in the NAS 

report and the RAND study with respect 

to the availability component of the 

disparity ratio. 

As noted above, RAND measured 

utilization to availability to determine a 

disparity ratio, where utilization is the 

contract dollars awarded to WOSBs 

divided by the contract dollars awarded 

to all firms in a specific industry, and 

availability is the revenue of WOSBs 

divided by the revenue of all firms in 

that industry. Using the FY05 FPDS/NG 

data for the utilization component and 

the October 2006 CCR data for the 

availability component, RAND 

identified four industries where WOSBs 

are underrepresented or substantially 

underrepresented: NAICS codes 9281— 

National Security and International 

Affairs, 3328—Coating, Engraving, Heat 

Treating, and Allied Activities, 3371— 

Household and Institutional Furniture 

and Kitchen Cabinet Manufacturing, 

and 4412—Other Motor Vehicle Dealers. 

These were the eligible industries 

identified in the proposed rule. 

During its review of comments on the 

proposed rule, SBA reviewed again the 

CCR data utilized by RAND in its study. 

Specifically, SBA reviewed the CCR 

data. As noted above, vendors input 

information into CCR relating to the 

firm’s revenues and NAICS codes, 

which are a method for classifying 

business establishments. Vendors must 

supply at least one NAICS code for 

registration into CCR to be complete, but 

can supply more than one. Vendors do 

not input the business’s revenues for 

each NAICS code listed, or for each 

NAICS code in which it does business; 

rather, vendors input total revenues for 

the firm. Thus, CCR does not provide 

information concerning the revenue of a 

firm in each of the NAICS codes, or 

industries, it sets forth in its CCR 

registration. 

When RAND computed the disparity 

ratio, however, the total revenues set 

forth by WOSBs in CCR were used to 

calculate the total receipts of WOSBs in 

each NAICS code listed in the CCR 

profile. Likewise, the revenues set forth 

by all firms in CCR were used to 

calculate the total revenue of all firms 

in each NAICS code listed in CCR. For 

a firm reporting more than one NAICS 

code, the reported revenue was counted 

in full for each NAICS code reported by 

the firm in the CCR. This has resulted 

in firms’ total revenue being counted for 

multiple NAICS codes, overstating the 

aggregate revenue figures. However, 

because the disparity ratio defined 

availability of WOSBs in Federal 

contracting by measuring the revenue of 

WOSBs divided by the revenue of all 

firms in that industry using this CCR 

data, and because both the WOSB and 

total revenue figures in a given industry 

may or may not be equally impacted by 

this limitation in the CCR data, SBA 

currently has no evidence whether or 

not the revenue overstatement affects 

the availability and disparity ratios in 

any specific industry. 

Although the CCR dataset was 

publicly available along with the RAND 

report at http://www.rand.org/pubs/ 

technical_reports/TR442/ during the 

public comment period on the proposed 

rule, this CCR dataset limitation was not 

specifically discussed in the RAND 

study and SBA did not receive public 

comments on this issue during the 

public comment period for the proposed 

rule. 

After this issue was discovered, SBA 

contacted the Census Bureau to 

determine the availability of an 

alternative data set that did not include 

the revenue overstatements identified in 

CCR. The Census Bureau provided SBA 

with a non-public data set for the 

availability component of the disparity 

ratio. The data consists of non-public 

data from the 2002 Survey of Business 

Owners collected through the 5-year 

Economic Census for firms with 

employees. Although this data set was 

not used in the RAND report results, it 

was mentioned in the RAND report as 

restricted data which would be available 

to the SBA at a more disaggregated 

NAICS code level than the public data. 

This non-public SBO data set does 

distinguish between WOSBs, as defined 

by the final rule, and women-owned 

businesses of all sizes. In addition, the 

data set is disaggregated to the 4-digit 

NAICS code level. However, the new 

SBO data is not without its own 

limitation. The Census Bureau collected 

the non-public SBO data on an 

establishment basis, such that each 

firm’s location is a separate 

establishment for data collection 

purposes. Each establishment is 

assigned to a single 6-digit NAICS code, 

and establishments with more than one 

NAICS code are classified into their 

principal NAICS code. Therefore, for 

establishments that reported revenue in 

multiple sectors, this could result in an 

overstatement of the revenue in some 

NAICS code industries and an 

understatement in others. SBA currently 

has no evidence whether or not the 

revenue overstatement or 

understatement affects the availability 

and disparity ratios in any specific 

industry. As noted earlier, these data 

also have the limitation that they are 

from 2002. However, changes to the 

underlying economy occur relatively 

gradually, so it is possible to conclude 

that this data provides an adequate 

picture of the ownership and relative 

sizes of firms over the next few years. 

Also, as noted earlier, the SBO data 

provide a very broad perspective on 

availability. SBA limited the analysis to 

firms with employees to improve the 

reliability of the estimate of firms that 

would be genuinely ready, willing and 

able to perform Federal contracts. 

However, the availability of both 

WOSBs and all firms in a sector to 

perform Federal contracts may still be 

overstated by these data. 

Using the non-public SBO data for the 

availability component of the disparity 

ratio and the FY05 FPDS/NG data from 

RAND study results for the utilization 

component, thirty-one of the 140 NAICS 

codes analyzed in the RAND study were 

identified as underrepresented or 

substantially underrepresented: 2361— 

Residential Building Construction, 

3149—Other Textile Product Mills, 

3152—Cut and Sew Apparel 

Manufacturing, 3231—Printing and 

Related Support Activities, 3259—Other 

Chemical Product and Preparation 

Manufacturing, 3323—Architectural and 

Structural Metals Manufacturing, 

3324—Boiler, Tank and Shipping 

Container Manufacturing, 3328— 

Coating, Engraving, Heat Treating, and 

Allied Activities, 3369—Other 

Transportation Equipment 

Manufacturing, 3371—Household and 

Institutional Furniture and Kitchen 

Cabinet Manufacturing, 4412—Other 

Motor Vehicle Dealers, 4461—Health 

and Personal Care Stores; 4543—Direct 

Selling Establishments, 4841—General 

Freight Trucking, 4931—Warehousing 

and Storage, 5179—Other 

Telecommunications, 5312—Offices of 

Real Estate Agents and Brokers, 5413— 

Architectural, Engineering, and Related 

Services; 5414—Specialized Design 

Services, 5417—Scientific Research and 

Development Services, 5419—Other 

Professional, Scientific, and Technical 

Services, 5614—Business Support 

Services, 5615—Travel Arrangement 

and Reservation Services, 5619—Other 

Support Services; 5622—Waste 

Treatment and Disposal, 5629— 

Remediation and Other Waste 

Management Services, 6114—Business 

Schools and Computer and Management 

Training, 6115—Technical and Trade 

Schools, 6116—Other Schools and 

Instruction; 6214—Outpatient Care 

Centers, 8112—Electronic and Precision 


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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Proposed Rules 57017 

Equipment Repair and Maintenance, 

8129—Other Personal Services. The 

Census Bureau report and associated 

data are available at http://www.sba.gov/ 

tools/resourcelibrary/ 

lawsandregulations/index.html. In order 

to protect firm confidentiality, revenues 

at the 4-digit NAICS level are disclosed 

only in ranges. 

Request for Comments 

In light of the foregoing, input from 

the public is required prior to using a 

data set to identify the eligible 

industries. In providing comments, 

please specify which of the following 

issues you are addressing (e.g., 

‘‘Response to issue 1.’’). Please be 

industry specific. Comments should be 

as precise as possible. SBA is 

specifically requesting comments 

addressing the following: (1) The 

impact, if any, the limitation in the CCR 

data has on the disparity ratio in 

specific industries; (2) the impact, if 

any, the limitation in the non-public 

SBO data has on the disparity ratio in 

specific industries; (3) other data that 

can be utilized to measure the 

availability of WOSBs (i.e., gross 

receipts for WOSBs relative to gross 

receipts for all firms) in the various 

NAICS codes at the 4-digit level; (4) the 

availability of this other data, 

advantages and disadvantages of the use 

of such data, and the reliability of such 

data (responses should be as specific as 

possible about the improvements other 

data sets could offer over the CCR or 

SBO data, judging by the standards laid 

out in the RAND report and NAS study); 

(5) reasons, for the purpose of 

calculating WOSB revenue and all 

firms’ revenue in a given industry, the 

limitation in the CCR data may 

outweigh the limitation in the nonpublic SBO data that is described in this 

Notice; and (6) whether, for the 

availability component of the disparity 

ratio, SBA should use the CCR data from 

the RAND report, the public SBO data 

from the RAND report, the non-public 

SBO data described in this Notice, or 

some other specified data set. 

Authority: 15 U.S.C. 637(m). 

Dated: September 26, 2008. 

Calvin Jenkins, 

Deputy Associate Administrator for 

Government Contracting and Business 

Development. 

[FR Doc. E8–23139 Filed 9–26–08; 4:15 pm] 

BILLING CODE 8025–01–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

32 CFR Part 553 

[Docket No. USA–2008–0012] 

RIN 0702–AA60 

Army National Cemeteries 

AGENCY: Department of the Army, DOD. 

ACTION: Proposed rule; availability of 

supplemental information; request for 

comments. 

SUMMARY: The Department of the Army 

proposes to revise its regulation 

concerning Arlington National 

Cemetery. Army Regulation 290–5 states 

the authority and assigns the 

responsibilities for the development, 

operation, maintenance, and 

administration of the Arlington and the 

U.S. Soldiers’ and Airmen’s Home 

National Cemeteries. These cemeteries 

are under the jurisdiction of the 

Department of the Army and are civil 

works activities. The regulation further 

prescribes policies and procedures on 

eligibility for interment, inurnment, and 

memorialization; disinterments and 

disinurnments; transinterments and 

transinurnments; the Arlington 

Memorial Amphitheater; solicitations; 

headstones, niche covers and memorial 

markers; memorial and commemorative 

monuments, tributes to commemorate 

individuals, events, units, groups, and/ 

or organizations; and visitors, media 

and videographer rules. 

DATES: Consideration will be given to all 

comments received by December 1, 

2008. 

ADDRESSES: You may submit comments, 

identified by 32 CFR Part 553, Docket 

No. USA–2008–0012 and or by RIN 

0702-AA60 by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Metzler, Jr., (703) 607–8545. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This proposed rule makes numerous 

administrative changes throughout the 

document to reflect the changes to the 

forthcoming update to Army Regulation 

290–5. The Administrative Procedure 

Act, as amended by the Freedom of 

Information Act, requires that certain 

policies and procedures and other 

information concerning the Department 

of the Army be published in the Federal 

Register. The policies and procedures 

covered by this part fall into that 

category. 

B. Regulatory Flexibility Act 

The Department of the Army has 

determined that the Regulatory 

Flexibility Act does not apply because 

the proposed rule does not have a 

significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. 

C. Unfunded Mandates Reform Act 

The Department of the Army has 

determined that the Unfunded 

Mandates Reform Act does not apply 

because the proposed rule does not 

include a mandate that may result in 

estimated costs to State, local or tribal 

governments in the aggregate, or the 

private sector, of $100 million or more. 

D. National Environmental Policy Act 

Environmental analysis of this 

regulation under the National 

Environmental Policy Act is not 

required as this regulation reflects 

ongoing activities and changes made to 

the regulation and does not constitute a 

new use of the property. 

E. Paperwork Reduction Act 

The Department of the Army has 

determined that the Paperwork 

Reduction Act does not apply because 

the proposed rule does not involve 

collection of information from the 

public. 

F. Executive Order 12530 (Government 

Actions and Interference With 

Constitutionally Protected Property 

Rights) 

The Department of the Army has 

determined that Executive Order 12630 

does not apply because the proposed 

rule does not impair private property 

rights. 


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