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Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Rules and Regulations
agency has good cause to implement its regulations sooner 5 U.S.C. 553d3.
As previously stated, because the final regulations merely reflect an applicable statutory provision and address agency procedure, there is good cause to waive the delayed effective date in the APA
and make the final regulations effective upon publication.

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Executive Orders 12866 and 13563
Regulatory Impact Analysis Under Executive Order 12866, the Office of Management and Budget OMB must determine whether this regulatory action is significant and, therefore, subject to the requirements of the Executive order and subject to review by OMB. Section 3f of Executive Order 12866 defines a significant regulatory action as an action likely to result in a rule that may 1 Have an annual effect on the economy of $100 million or more, or adversely affect a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities in a material way also referred to as an economically significant rule;
2 Create serious inconsistency or otherwise interfere with an action taken or planned by another agency;
3 Materially alter the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or 4 Raise novel legal or policy issues arising out of legal mandates, the Presidents priorities, or the principles stated in the Executive order.
This final regulatory action is not a significant regulatory action subject to review by OMB under section 3f1 of Executive Order 12866.
We have also reviewed these regulations under Executive Order 13563, which supplements and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, Executive Order 13563 requires that an agency
1 Propose or adopt regulations only on a reasoned determination that their benefits justify their costs recognizing that some benefits and costs are difficult to quantify;
2 Tailor its regulations to impose the least burden on society, consistent with obtaining regulatory objectives and taking into accountamong other things and to the extent practicablethe costs of cumulative regulations;
3 In choosing among alternative regulatory approaches, select those
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approaches that maximize net benefits including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity;
4 To the extent feasible, specify performance objectives, rather than the behavior or manner of compliance a regulated entity must adopt; and 5 Identify and assess available alternatives to direct regulation, including economic incentivessuch as user fees or marketable permitsto encourage the desired behavior, or provide information that enables the public to make choices.
Executive Order 13563 also requires an agency to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible. The Office of Information and Regulatory Affairs of OMB has emphasized that these techniques may include identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes.
In choosing among alternative regulatory approaches, we selected those approaches that maximize net benefits. Based on the analysis that follows, the Department believes that these final regulations are consistent with the principles in Executive Order 13563. We also have determined that this regulatory action does not unduly interfere with State, local, and Tribal governments in the exercise of their governmental functions.
In accordance with both Executive orders, the Department has assessed the potential costs and benefits, both quantitative and qualitative, of this regulatory action. The potential costs associated with this regulatory action are those resulting from statutory requirements and those we have determined as necessary for administering the Departments programs and activities. Because this regulatory action does not implicate any new process or other financial commitment or burden, this regulatory action will not create any new costs.
Regulatory Flexibility Act Certification Because notice-and-comment rulemaking is not necessary for this procedural rule, the Regulatory Flexibility Act 96 Pub. L. 354, 5 U.S.C.
601612 does not apply.
Paperwork Reduction Act of 1995
The final regulations do not create any new information collection requirements.
Accessible Format: On request to the program contact person listed under FOR

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FURTHER INFORMATION CONTACT, individuals with disabilities can obtain this document and a copy of the application package in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format RTF or text format txt, a thumb drive, an MP3
file, braille, large print, audiotape, or compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format PDF. To use PDF, you must have Adobe Acrobat Reader, which is available free at the site.
You may also access documents of the Department published in the Federal Register by using the article search feature at www.federalregister.gov.
Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

List of Subjects 34 CFR Part 31
Claims, Government employees, Grant programseducation, Loan programs education, Student aid, Wages.
34 CFR Part 32
Claims, Government employees, Wages.
Denise L. Carter, Acting Assistant Secretary for Finance and Operations.

For the reasons discussed in the preamble, the Secretary amends parts 31
and 32 of title 34 of the Code of Federal Regulations as follows:
PART 31SALARY OFFSET FOR
FEDERAL EMPLOYEES WHO ARE
INDEBTED TO THE UNITED STATES
UNDER PROGRAMS ADMINISTERED
BY THE SECRETARY OF EDUCATION
1. The authority citation for part 31
continues to read as follows:

Authority: 5 U.S.C. 5514; 31 U.S.C. 3716.

2. Section 31.7 is amended by revising paragraph a to read as follows:

31.7

Hearing procedures.

a Independence of hearing official.
A hearing provided under this part is conducted by a hearing official who is not under the supervision or control of
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