Agenda - Council Work Session - 03/08/2022

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Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4445 In making implementation choices, associations in the process of 5 U.S.C. 553.In addition,under the Treasury has hosted numerous developing the interim final rule and exception discussed in that section for consultations with a diverse range of this final rule. Pursuant to the matters relating to agency grants,the direct recipients—states,cities, requirements set forth in section 8(a) of requirements of 5 U.S.C. 553 also do not counties,and Tribal governments— Executive Order 13132,Treasury apply to this final rule.After careful along with various communities across certifies that it has complied with the consideration of the comments received, the United States,including those that requirements of Executive Order 13132. this final rule adopts the May 17, 2021 are underserved. Furthermore,Treasury Administrative Procedure Act interim final rule with the revisions has made clear in guidance that SLFRF discussed in this SUPPLEMENTARY funds may be used to cover certain The Administrative Procedure Act INFORMATION. expenses related to administering (APA), 5 U.S.C. 551 et seq.,generally programs established using SLFRF requires public notice and an Congressional Review Act funds.396 opportunity for comment before a rule becomes effective. However,the APA The Administrator of OIRA has Executive Order 13132 provides that the requirements of 5 determined that this is a major rule for Executive Order 13132 (entitled U.S.C. 553 do not apply"to the extent purposes of Subtitle E of the Small Federalism)prohibits an agency from that there is involved . . . a matter Business Regulatory Enforcement and publishing any rule that has federalism relating to agency. . . grants."The Fairness Act of 1996 (also known as the implications if the rule either imposes APA also provides an exception to Congressional Review Act or CRA) (5 substantial, direct compliance costs on ordinary notice-and-comment U.S.C. 804(2) et seq.). Under the CRA, state,local, and Tribal governments,and procedures "when the agency for good a major rule generally may take effect no is not required by statute, or preempts cause finds (and incorporates the earlier than 60 days after the rule is state law,unless the agency meets the finding and a brief statement of reasons published in the Federal Register. 5 consultation and funding requirements therefor in the rules issued)that notice U.S.C. 801(a)(3). of section 6 of the Executive Order. This and public procedure thereon are final rule does not have federalism impracticable,unnecessary,or contrary Paperwork Reduction Act implications within the meaning of the to the public interest." 5 U.S.C. The information collections Executive Order and does not impose 553(b)(B).The interim final rule was associated with the SLFRF program substantial, direct compliance costs on issued without prior notice and have been reviewed and approved by state,local, and Tribal governments or comment procedures because it OMB pursuant to the Paperwork preempt state law within the meaning of implemented statutory conditions on Reduction Act(44 U.S.C. Chapter 35) the Executive Order. The compliance the eligible uses of SLFRF funds,and (PRA) and assigned control number costs are imposed on state,local,and addressed the payment of those funds, 1505-0271. Under the PRA,an agency Tribal governments by sections 602 and the reporting on uses of funds,and 603 of the Social Security Act, as potential consequences of ineligible may not conduct or sponsor,and a respondent is not required to respond enacted by the ARPA.Notwithstanding uses to help address the economic and the above,Treasury has engaged in public health emergency. See the to,an information collection unless it efforts to consult and work SUPPLEMENTARY INFORMATION section of displays a valid OMB control number. cooperatively with affected state, local, the May 17, 2021 interim final rule for Estimates of hourly burden under this and Tribal government officials and the applicability of the requirements of program are set forth in the table below. Number Cost to Number responses Total Hours per Total respondents Reporting respondents per responses response burden ($48.80 per respondent in hours hour*) Recipient Payment Form ...................................... 5,050 1 5,050 .25 (15 minutes) .... 1,262.5 $61,610 Acceptance of Award Terms ................................ 5,050 1 5,050 .25 (15 minutes) .... 1,262.5 61,610 Title VI Assurances .............................................. 5,050 1 5,050 .50(30 minutes) .... 2,525 123,220 Tribal Employment Information Form ................... 584 1 584 .75 (45 minutes) .... 438 21,374 Request for Extension Form ................................ 96 1 96 1 ............................ 96 4,685 Annual Recovery Plan Performance Report ........ 430 1 430 100 ........................ 43,000 2,098,400 NEU Distribution Template ................................... 55 2 110 10 .......................... 1,100 53,680 Non-UGLG Distribution Template ........................ 55 2 110 5 ............................ 550 26,840 Transfer Forms ..................................................... 1,500 1 1,500 1 ............................ 1,500 73,200 Project and Expenditure Report ........................... 37,000 1 37,000 5 ............................ 185,000 9,028,000 Total .............................................................. 54,870 .................... 54,980 ............................... 236,735 11,552,619 *Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, Accountants and Auditors, on the internet at https:// www.bls.gov/ooh/business-and-financial/accountants-and-auditors.htm (visited March 28, 2020). Base wage of $33.89/hour increased by 44 per- cent to account for fully loaded employer cost of employee compensation (benefits, etc.)for a fully loaded wage rate of$48.80. Regulatory Flexibility Analysis Administrative Procedure Act or publish such analysis in the Federal The Regulatory Flexibility Act(RFA) another law,the agency must prepare a Register. 5 U.S.C. 603, 604. generally requires that when an agency regulatory flexibility analysis that meets Rules that are exempt from notice and issues a proposed rule,or a final rule the requirements of the RFA and comment under the APA or any other pursuant to section 553(b) of the law are also exempt from the RFA 396 See Coronavirus State and Local Fiscal as of July 19,2021;https:llhome.treasury.govl Recovery Funds,Frequently Asked Questions,10.2, system/fi1es/136/SLFRPFAQ.pdf.