Although the rule qualifies as a covered rule within the meaning of the Unfunded Mandates Reform Act ( Act ) , it appears not to qualify as either a federal intergovernmental mandate or a federal private sector mandate because it results in a duty arising from participation in a voluntary Federal program ( Section 421 ( 5 ) ( a ) ( i ) ( II ) and ( 7 ) ( A ) ( ii ) of the Congressional Budget and Impoundment Control Act of 1974 as added by Pub .
The rule cannot possibly be covered under any existing act .