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Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations
violating the Quality Control Program and how complaints are processed.
Subpart DLicense and Manufacture of the Service Flag and Service Lapel Button describes the application process for approval to make the Service Flag and Service Lapel Button.
III. Comments and Responses The proposed rule was published in the Federal Register on June 12, 2020
85 FR 3584635852 for a 60-day comment period. The Department of the Army received 1 comment. The comment was not pertinent to the rule, so no action was taken and this rule is being finalized with no changes from the proposed rule.
Expected Impact of the Final Rule This rule facilitates the Department of the Army Heraldic Quality Control Program and the manufacturing of all military decorations, medals, badges, insignia and their components and appurtenances. The manufacturer certification process requires the manufacturer to submit four samples of insignia to show they have the capability to make insignia in accordance with government specifications. The submitted samples have a negligible value, under ten dollars, and less than five manufactures apply each year. The recertification process consists of a review of a manufacturers performance during the certification period. There is no cost to the manufacturer for the review and recertification process.
B. Regulatory Reviews Regulatory Flexibility Act The Department of the Army does not expect this rule to 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, et seq., because the rule is not creating any new requirements for manufacturers of military insignia.
Unfunded Mandates Reform Act The Department of the Army certifies that this action 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.
Congressional Review Act, 5 U.S.C.
8042
The Congressional Review Act, 5
U.S.C. 801 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must
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submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The DoD will submit a report containing this rule and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General of the United States. A major rule cannot take effect until 60 days after it is published in the Federal Register. This final rule is not a major rule as defined by 5 U.S.C. 8042.
National Environmental Policy Act The Department of the Army has determined that this action is not covered under the National Environmental Policy Act because the rule is not a major Federal action that significantly affects the quality of the human environment.
Paperwork Reduction Act The Department of the Army has determined that the Paperwork Reduction Act does not apply.
Manufacturers wanting to be certified provide general information already available to the public about the company such as name, address, points of contact, contact information and the type of insignia they want to produce.
Annually, fewer than five manufacturers request certification.
Executive Order 12630 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 rule does not impair private property rights.
Executive Order 12866 Regulatory Planning and Review and Executive Order 13563 Improving Regulation and Regulatory Review Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts, and equity. In accordance with the provisions of Executive Order 12866, this is not significant rule and was not reviewed by the Office of Management and Budget.
Executive Order 13045 Protection of Children From Environmental Health Risk and Safety Risks The Department of the Army has determined that Executive Order 13045
does not apply because this substantive
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action in rulemaking is neither economically significant nor does the action concern environment health or safety risks that may disproportionally affect children.
Executive Order 13132 Federalism The Department of the Army has determined that Executive Order 13132
does not apply because this rule will not have a substantial effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among various levels of government.
List of Subjects in 32 CFR Part 507
Decorations, medals, awards.
For reasons discussed in the preamble, the Department of the Army revises 32 CFR part 507 to read as follows:

PART 507MANUFACTURE, SALE, WEAR, AND QUALITY CONTROL OF
HERALDIC ITEMS
Subpart AIntroduction Sec.
507.1 Purpose.
507.2 References.
507.3 Explanation of abbreviations and terms.
507.4 Responsibilities.
507.5 Statutory authority.
Subpart BManufacture and Sale of Decorations, Badges, and Insignia 507.6 Authority to manufacture.
507.7 Certification of controlled heraldic items.
507.8 Authority to sell.
507.9 Reproduction of designs.
507.10 Incorporation of designs or likenesses of approved designs in commercial articles.
507.11 Possession and wear.
Subpart CHeraldic Quality Control Program 507.12 General.
507.13 Controlled heraldic items.
507.14 Articles not authorized for manufacture or commercial sale.
507.15 Violations and penalties.
507.16 Processing complaints of alleged breach of policies.
Subpart DLicense and Manufacture of the Service Flag and Service Lapel Button 507.17 Authority to manufacture.
507.18 Application for licensing.
Authority: 10 U.S.C. 7594; 18 U.S.C 701, 704; 36 U.S.C. 901.

Subpart AIntroduction 507.1

Purpose.

This part prescribes the Department of the Army policy governing the manufacture, commercial sale, reproduction, possession, and wear of
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