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Note:  This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication.  The official version of this document is the document that is published in the Federal Register.

as user fees or marketable permits, or providing information upon which choices can be made by the public.

We emphasize as well that Executive Order 13563

requires agencies “to use the best available techniques to

quantify anticipated present and future benefits and costs

as accurately as possible.” In its February 2, 2011,

memorandum (M-11-10) on Executive Order 13563, improving regulation and regulatory review, the Office of Information and Regulatory Affairs has emphasized that such techniques

may include “identifying changing future compliance costs

that might result from technological innovation or

anticipated behavioral changes.”

We are issuing these regulations only upon a reasoned determination that their benefits justify their costs and we selected, in choosing among alternative regulatory approaches, those approaches that maximize net benefits. Based on the analysis below, the Department believes that these final regulations are consistent with the principles in Executive Order 13563.

We also have determined that this regulatory action would not unduly interfere with State, local, and tribal governments in the exercise of their governmental functions.

Potential Costs and Benefits