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Federal Register / Vol. 86, No. 208 / Monday, November 1, 2021 / Rules and Regulations
60169

SCREENING READY RESERVE/NATIONAL GUARD COST ANALYSIS
Number of employees
% Private
Federal
State
Local

49
36
9 6

23,952
17,598
4,399
2,933

$5,018.46
3,687.03
921.76
614.51

Grand Total

100

48,882

11,095.24

Cost to the DoD. These estimates 0.3
percent of 782,000 Ready Reserve members fill key positions indicate the Military Services would adjudicate approximately 2,346 members, a number well within the normal processing by all Military Service Reserve centers and therefore would not add additional costs.
Benefits
lotter on DSK11XQN23PROD with RULES1

2-hr at 0.3%
planning factor
Civilian Employer processes and military screening actions ensure civilian employers and the Military Services have the appropriate balance of civilian and military skills required for both parties in case of a mobilization.
The challenges faced today in communities as well as in the DoD
require dynamic and timely employment of our service members while reducing the conflict of those members to meet both military and or civilian requirements. Ultimately, the response to military mobilization and civilian planning will be greatly enhanced when the essential projected response needs have been equitably calculated for a Ready Reserve member and employee. Military Service annual screening provides a vital Ready Reserve force composed of members who meet Military Service readiness standards of mental, moral, professional, and physical fitness and possess the military qualifications required in the various grades, ratings, and specialties of their Military Service;
and are available immediately for active duty during a mobilization or as otherwise required by law. The tasking of a Ready Reserve member who is known to be critical to civilian response in a key position that was not previously adjudicated through the Military Service could create a delay in the civilian response and in turn create potential harm to the local community.
The benefit of this rule fosters a partnership in the appropriate balance of civilian and military assessments to meet needed requirements for a response while not decrementing each others capacity and capability.

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Public Law 96354, Regulatory Flexibility Act 5 U.S.C. 601
The DoD certifies that this final rule is not subject to the Regulatory Flexibility Act 5 U.S.C. 601 because it would not, if promulgated, have a significant economic impact creating a substantial cost to a number of small entities. There are a small percentage of defined critical employees in the civilian sector, regardless of the national emergency, that are required to support their civilian employer. As the response to the pandemic evolved, the need for certain specialties in the response evolved. In the case of COVID19, the immediate need was for medical providers and the situation evolved requiring additional specialties for support. In other non-Federal employment areas, a critical employee may stay consistent, as in the example of a sole nuclear reactor chief within a plant who should not be in the Ready Reserve as he or she would be required to mobilize if called upon and not be able to perform the critical civilian skill.
Therefore, the Regulatory Flexibility Act, as amended, does not require us to prepare a regulatory flexibility analysis.
Congressional Review Act 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 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.
Sec. 202, Public Law 1044, Unfunded Mandates Reform Act Section 202 of the Unfunded Mandates Reform Act of 1995 2 U.S.C.

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1532 requires agencies to assess anticipated costs and benefits before issuing any rule whose mandates require spending in any 1 year of $167
million in 2019 dollars, updated annually for inflation. It is estimated this final rule will not substantially affect State, local, or tribal governments and private sector costs any more than the previous rule requirements.
Public Law 96511, Paperwork Reduction Act 44 U.S.C. Chapter 35
It has been determined that 32 CFR
part 44 does not impose reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995.
Executive Order 13132, Federalism Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates an interim final rule and subsequent final rule that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has federalism implications.
It is estimated this final rule will not have a substantial effect on State and local governments, where 9 percent and 6 percent respectively employ Ready Reserve, including the National Guard, members.
List of Subjects in 32 CFR Part 44
Armed forces reserves.
PART 44SCREENING THE READY
RESERVE
Accordingly, the interim final rule revising 32 CFR part 44, which published at 85 FR 84237 on December 28, 2020, is adopted as final without change.

Dated: October 26, 2021.
Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
FR Doc. 202123639 Filed 102921; 8:45 am BILLING CODE 500106P

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