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.