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4398 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations
<br /> employees of recipient governments are final rule,265 the chief executive (or definition of"regular"in-person
<br /> already included in the interim final equivalent) of a recipient government interactions and whether Treasury
<br /> rule definition of"eligible worker."A may also identify the non-public sector could clarify which job functions merit
<br /> more specific eligibility system(e.g., as critical so long as the chief executive more (or less) premium pay.
<br /> linking eligibility to specific deems the non-public sector necessary Treasury Response:Treasury is
<br /> occupational or industry codes)would to protecting the health and wellbeing of maintaining the definition of"essential
<br /> have provided more certainty but would residents. Treasury has,where possible, work" in the final rule without
<br /> have been much more rigid.In contrast, clarified the definition of"essential modification. The test adopted in the
<br /> the current definition is flexible enough critical infrastructure sectors."For interim final rule was designed to
<br /> to give recipients the ability to tailor instance,Treasury has clarified in the compensate workers facing
<br /> their premium pay programs to meet final rule that work performed by an disproportionate risk due to the
<br /> their needs while ensuring that employee of a Tribal government pandemic. COVID-19 is transmitted
<br /> programs focus on sectors where includes an employee of a Tribal through person-to-person interactions,
<br /> workers were forced to shoulder enterprise and discussed in this and therefore,workers with regular in-
<br /> substantial risk as a result of the Supplementary Information how a person interactions are the primary
<br /> COVID-19 pandemic. Furthermore,the recipient may qualify other non-public group facing increased health risks.
<br /> critical infrastructure sectors defined in sectors as essential critical Although COVID-19 is not transmitted
<br /> the interim final rule already include infrastructure. primarily by people handling items,
<br /> man of the occupations that such work may present increased risk in
<br /> y p Essential Work
<br /> commenters requested be added.For certain cases, and the final rule
<br /> example,Treasury received many The interim final rule defined maintains the interim final rule's
<br /> comments from public workers asking "essential work"as work that(1) is not inclusion of such work in order to give
<br /> to be included in the definition of performed while teleworking from a recipient governments the flexibility to
<br /> "eligible worker" even though these residence and(2) involves either(i) include workers performing such work
<br /> workers already fall within the scope of regular,in-person interactions with as they determine appropriate.Changing
<br /> << patients,the public, or coworkers of the the test as some commenters suggested,
<br /> any work performed by an employee of individual that is performing the work e. .,b eliminating the in-person work
<br /> a State,local,or Tribal government. g y g p
<br /> Treasury has clarified in the final rule or(ii)regular physical handling of items requirement or allowing recipients to
<br /> that the chief executive's discretion to that were handled by,or are to be designate which employees are
<br /> designate additional sectors as critical handled by,patients,the public, or essential, even if not working in person,
<br /> relates only to"non-public"sectors, coworkers of the individual that is would no longer focus the program on
<br /> since all public employees of recipient performing the work. Treasury adopted workers taking on additional health
<br /> governments are already included in the this definition of essential work to risks and instead allow premium pay to
<br /> definition of"eligible worker."While ensure that premium pay is targeted to be awarded to individuals who
<br /> all such public employees are"eligible workers that faced or face heightened experienced relatively little risk of
<br /> workers"and the chief executive (or risks due to the character of their work exposure to COVID-19. To maintain
<br /> equivalent) of a recipient government during a pandemic. flexibility,Treasury is not defining the
<br /> may designate additional non-public public Comment.Some commenters term"regular"with regard to in-person
<br /> sectors as critical,in order to receive found the definition unclear and asked interactions,allowing recipients to
<br /> Treasury to clarify what constitutes develop programs based on the specific
<br /> premium pay,these workers must still
<br /> essential work. Others disagreed with workforce to be served and local
<br /> meet the other premium pay
<br /> requirements (e.g., performing essential the essential work test altogether, circumstances. Generally speaking,
<br /> work). arguing that it forces recipients to however,recipients are encouraged to
<br /> Treasury recognizes that the list of distinguish between essential and non- consider an eligible worker's risk of
<br /> "essential critical infrastructure sectors" essential employees,which may be exposure in designing premium pay
<br /> difficult to do. Accordingly,these programs.
<br /> includes both occupations and sectors,
<br /> commenters asked Treasury to allow
<br /> Recipients,if uncertain which Respond To
<br /> occupations are included in a critical recipients to determine which workers
<br /> p qualify as essential. Treasury also As required by the ARPA,the interim
<br /> infrastructure sector,may consult received several requests that specific final rule required that premium pay
<br /> government occupational classifications occupations be explicitly deemed programs"respond to" eligible workers
<br /> if helpful but are not required to do essential,including all public performing essential work during the
<br /> so.264 Furthermore, a recipient employees,veterinarians, election COVID-19 public health emergency.
<br /> government does not need to submit to administrators, detention staff and Premium pay responds to eligible
<br /> Treasury for approval its designation of sheriff's deputies, and employees of workers performing essential work if it
<br /> a sector as essential critical utilities, such as electric power,natural prioritizes low-and moderate-income
<br /> infrastructure;rather,Treasury will gas,steam supply,water supply, and persons,given the significant share of
<br /> defer to the reasonable interpretation of sewage removal. essential workers that are low-and
<br /> the recipient government and the Several commenters requested that moderate-income and may be least able
<br /> discretion of the recipients chief Treasury not distinguish between to bear added costs associated with
<br /> executive in making such designations. remote and in-person work or amend illness. The level of the award limit—up
<br /> If a recipient is unsure if a non-public the standard so that employees to$13 per hour not to exceed$25,000
<br /> sector is covered by the definition in the providing essential services would still in aggregate—in the ARPA supports this
<br /> be eligible even if they worked reasoning.
<br /> 264 See,e.g.,sources such as Bureau of Labor remotely. Finally, a few commenters Accordingly,the interim final rule
<br /> Statistics,Occupational Outlook Handbook, requested clarification as to the required written justification for how
<br /> which provide information on which premium pay to certain higher-income
<br /> professions or occupations are typically
<br /> included in interpretations of a sector,https:// 265 Public sector workers are"eligible workers" workers responds to eligible workers
<br /> www.bls.gov/ooh/. under the interim final rule and final rule. performing essential work:If a recipient
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