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Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4439
<br /> violation,387 it may request additional to expedite or extend timelines in any only upon a reasoned determination
<br /> information from a recipient before adjudication or pre-adjudication process that their benefits justify their costs
<br /> initiating the recoupment process and, pursuant to section 35.4(b) of the final (recognizing that some benefits and
<br /> where necessary, provide written notice rule, although the general timelines set costs are difficult to quantify); (2)tailor
<br /> to the recipient along with an forth in the interim final rule are its regulations to impose the least
<br /> explanation of such amounts potentially maintained in the final rule. burden on society,consistent with
<br /> subject to recoupment. Furthermore, V.Regulatory Analyses obtaining regulatory objectives taking
<br /> Treasury has also made clear that it into account,among other things, and to
<br /> retains the ability to expedite or extend Executive Orders 12866 and 13563 the extent practicable,the costs of
<br /> timelines in any adjudication or pre- Regulatory Impact Assessment cumulative regulations; (3) select,in
<br /> adjudication process pursuant to section choosing among alternative regulatory
<br /> 35.4(b) of the final rule, although the This final rule is a"significant approaches,those approaches that
<br /> general timelines set forth in the interim regulatory action under section 3(f) of maximize net benefits (including
<br /> final rule are maintained in the final Executive Order 12866 for the purposes potential economic, environmental,
<br /> rule. of Executive Orders 12866 and 13563 public health and safety,and other
<br /> This process is intended to provide because it is likely to have an annual advantages; distributive impacts; and
<br /> the recipient with an adequate effect on the economy of$100 million equity); (4)to the extent feasible, specify
<br /> opportunity to present additional or more. performance objectives,rather than the
<br /> information regarding its uses of funds As explained below,this regulation behavior or manner of compliance a
<br /> and provides flexibility for recipients to meets a substantial need: ensuring that regulated entity must adopt;and (5)
<br /> determine the information relevant to recipients—states,territories,Tribal identify and assess available alternatives
<br /> the particular facts and circumstances. It governments,and local governments— to direct regulation,including providing
<br /> is also flexible enough to align with of SLFRF funds fully understand the economic incentives—such as user fees
<br /> other adjudication procedures in other requirements and parameters of the or marketable permits—to encourage the
<br /> ARPA recovery programs administered program as set forth in the statute and desired behavior, or providing
<br /> by the Office of Recovery Programs at deploy funds in a manner that best information that enables the public to
<br /> Treasury.As discussed above,the initial reflects Congress intent to provide make choices.Executive Order 13563
<br /> notice will provide recipients with an necessary relief to recipient also requires an agency"to use the best
<br /> explanation of the identified potential governments adversely impacted by the available techniques to quantify
<br /> violation in order to provide recipients COVID-19 public health emergency. anticipated present and future benefits
<br /> with a meaningful opportunity to Furthermore,as required by Executive and costs as accurately as possible."
<br /> Orders 12866 and 13563 Treasury has OMB's Office of Information and
<br /> respond. Such initial notice will � y
<br /> generally include information regarding weighed the costs and benefits of this Regulatory Affairs (OIRA)has
<br /> the specific use of SLFRF funds and the final rule and varying alternatives and emphasized that these techniques may
<br /> source of such information.388 This has reasonably determined that the include "identifying changing future
<br /> process also will allow the Secretary to benefits of the final rule to recipients compliance costs that might result from
<br /> take into consideration the information and their communities far outweigh any technological innovation or anticipated
<br /> provided by recipients, along with other costs. behavioral changes."
<br /> relevant information,to ensure SLFRF The rule has been reviewed by the Based on the analysis that follows and
<br /> funds are used in a manner consistent Office of Management and Budget the reasons stated elsewhere in this
<br /> with the Social Security Act. (OMB) in accordance with Executive document, Treasury believes that this
<br /> Finally,Treasury expects to work Order 12866. final rule is consistent with the
<br /> with recipients to support the use of Executive Orders 12866 and 13563 principles set forth in Executive Orders
<br /> SLFRF funds consistent with the law. 12866 and 13563.This Regulatory
<br /> For example,Treasury may request Under Executive Order 12866,OMB Impact Analysis discusses the need for
<br /> must determine whether this regulatory regulatory action,the potential benefits,
<br /> additional information from a recipient action is "significant," and therefore, and the potential cost . Treasury has
<br /> before initiating the recoupment subject to the requirements of the p y
<br /> process.In addition,Treasury may q assessed the potential costs and
<br /> pursue other forms of remediation and Executive Order and subject to review benefits,both quantitative and
<br /> monitoring in conjunction with, or as an by OMB. Section 3(f) of Executive Order qualitative, of this regulatory action,and
<br /> alternative to,recoupment.389 These 12866 defines a significant regulatory is issuing this final rule only on a
<br /> efforts may include working with action as an action likely to result in a reasoned determination that the benefits
<br /> recipients to identify and substitute rule that may,among other things,have exceed the costs.In choosing among
<br /> permissible uses of SLFRF funds or an annual effect on the economy of$100 alternative regulatory approaches,
<br /> amending uses of SLFRF funds to million or more. This rule is likely to Treasury selected those approaches that
<br /> have an annual effect on the economy would maximize net benefits.
<br /> comply with applicable restrictions. of$100 million or more, and therefore,
<br /> In response to comments regarding it is subject to review by OMB under Need for Regulatory Action
<br /> the amount of time provided to respond
<br /> to an initial notice,the final rule section 3(f) of Executive Order 12866. This final rule implements the$350
<br /> clarifies that Treasury retains the ability Treasury has also reviewed these billion SLFRF program of the ARPA,
<br /> regulations under Executive Order which Congress passed to help states,
<br /> 388 Treasury may address potential violations 13563,which supplements and territories,Tribal governments, and
<br /> based on information submitted from recipients, explicitly reaffirms the principles, localities respond to the ongoing
<br /> either through quarterly reports or self-reported structures,and definitions governing COVID-19 public health emergency and
<br /> information,and from other sources of information regulatory review established in its economic impacts.As the agency
<br /> as Treasury deems necessary and appropriate(e.g., Executive Order 12866. To the extent charged with execution of these
<br /> press,information submitted from the public).
<br /> 389 Treasury intends to work with recipients to permitted by law, section 1(b) of programs,Treasury has concluded that
<br /> support the use of SURF funds consistent with the Executive Order 13563 requires that an this final rule is needed to ensure that
<br /> law. agency: (1)Propose or adopt regulations recipients of SLFRF funds fully
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