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performed by an employee of a State, local, or Tribal government." Treasury has clarified in the <br />final rule that the chief executive's discretion to designate additional sectors as critical relates <br />only to "non-public" sectors, since all public employees of recipient governments are already <br />included in the definition of "eligible worker." While all such public employees are "eligible <br />workers" and the chief executive (or equivalent) of a recipient government may designate <br />additional non-public sectors as critical, in order to receive premium pay, these workers must <br />still meet the other premium pay requirements (e.g., performing essential work). <br />Treasury recognizes that the list of "essential critical infrastructure sectors" includes both <br />occupations and sectors. Recipients, if uncertain which occupations are included in a critical <br />infrastructure sector, may consult government occupational classifications if helpful but are not <br />required to do so.264 Furthermore, a recipient government does not need to submit to Treasury for <br />approval its designation of a sector as essential critical infrastructure; rather, Treasury will defer <br />to the reasonable interpretation of the recipient government and the discretion of the recipient's <br />chief executive in making such designations. If a recipient is unsure if a non-public sector is <br />covered by the definition in the final rule,265 the chief executive (or equivalent) of a recipient <br />government may also identify the non-public sector as critical so long as the chief executive <br />deems the non-public sector necessary to protecting the health and wellbeing of residents. <br />Treasury has, where possible, clarified the definition of "essential critical infrastructure sectors." <br />For instance, Treasury has clarified in the final rule that work performed by an employee of a <br />Tribal government includes an employee of a Tribal enterprise and discussed in this <br />264 See, e.g., sources such as Bureau of Labor Statistics, Occupational Outlook Handbook, which provide <br />information on which professions or occupations are typically included in interpretations of a sector, <br />https://www.b1s.goviooh/. <br />265 Public sector workers are "eligible workers" under the interim final rule and final rule. <br />224 <br />