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upon a reasoned determination that their benefits justify their costs (recognizing that some <br />benefits and costs are difficult to quantify); (2) tailor its regulations to impose the least burden on <br />society, consistent with obtaining regulatory objectives taking into account, among other things, <br />and to the extent practicable, the costs of cumulative regulations; (3) select, in choosing among <br />alternative regulatory approaches, those approaches that maximize net benefits (including <br />potential economic, environmental, public health and safety, and other advantages; distributive <br />impacts; and equity); (4) to the extent feasible, specify performance objectives, rather than the <br />behavior or manner of compliance a regulated entity must adopt; and (5) identify and assess <br />available alternatives to direct regulation, including providing economic incentives such as <br />user fees or marketable permits to encourage the desired behavior, or providing information <br />that enables the public to make choices. Executive Order 13563 also requires an agency "to use <br />the best available techniques to quantify anticipated present and future benefits and costs as <br />accurately as possible." OMB's Office of Information and Regulatory Affairs (OIRA) has <br />emphasized that these techniques may include "identifying changing future compliance costs <br />that might result from technological innovation or anticipated behavioral changes." <br />Based on the analysis that follows and the reasons stated elsewhere in this document, <br />Treasury believes that this final rule is consistent with the principles set forth in Executive <br />Orders 12866 and13563. This Regulatory Impact Analysis discusses the need for regulatory <br />action, the potential benefits, and the potential costs. Treasury has assessed the potential costs <br />and benefits, both quantitative and qualitative, of this regulatory action, and is issuing this final <br />rule only on a reasoned determination that the benefits exceed the costs. In choosing among <br />alternative regulatory approaches, Treasury selected those approaches that would maximize net <br />benefits. <br />380 <br />