Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 17313 

Chapter 44, ‘‘Hazardous Waste 

Management’’, published in 2002 by the 

Michie Company, Law Publishers: 

sections 39–4403(6) & (14); 39–4428 and 

39–4429. 

(ii) 2004 Cumulative Pocket 

Supplement to the Idaho Code (I.C.), 

Volume 39, Title 44, ‘‘Hazardous Waste 

Management’’, published in 2004 by the 

Michie Company, Law Publishers, 

Charlottesville, Virginia: section 39– 

4427. 

(iii) Idaho Code containing the 

General Laws of Idaho Annotated, Title 

39, Chapter 58, ‘‘Hazardous Waste Siting 

Act’’, published in 2002 by the Michie 

Company, Law Publishers: section 39– 

5813(3). 

(iv) Idaho Department of 

Environmental Quality Rules and 

Regulations, Idaho Administrative Code, 

IDAPA 58, Title 1, Chapter 5, ‘‘Rules and 

Standards for Hazardous Waste’’, as 

published July 2008: sections 

58.01.05.355; and 58.01.05.500. 

(4) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region 10 and the State of Idaho 

(IDEQ), signed by the EPA Regional 

Administrator on August 1, 2001, 

although not incorporated by reference, 

is referenced as part of the authorized 

hazardous waste management program 

under subtitle C of RCRA, 42 U.S.C. 

6921, et seq. 

(5) Statement of Legal Authority. The 

‘‘Attorney General’s Statement for Final 

Authorization,’’ signed by the Attorney 

General of Idaho on July 5, 1988, and 

revisions, supplements and addenda to 

that Statement, dated July 3, 1989, 

February 13, 1992, December 29, 1994, 

September 16, 1996, October 3, 1997, 

April 6, 2001, September 11, 2002, 

September 22, 2004, June 13, 2006, 

September 29, 2006 and June 23, 2008, 

although not incorporated by reference, 

are referenced as part of the authorized 

hazardous waste management program 

under subtitle C of RCRA, 42 U.S.C. 

6921, et seq. 

(6) Program Description. The Program 

Description and any other materials 

submitted as part of the original 

application or as supplements thereto, 

although not incorporated by reference, 

are referenced as part of the authorized 

hazardous waste management program 

under subtitle C of RCRA, 42 U.S.C. 

6921 et seq. 

■ 3. Appendix A to part 272 is amended 

by revising the listing for ‘‘Idaho’’ to read 

as follows: 

Appendix A to Part 272—State 

Requirements 

* * * * * 

Idaho 

(a) The statutory provisions include: 

Idaho Code containing the General Laws of 

Idaho Annotated, Title 39, Chapter 44, 

‘‘Hazardous Waste Management’’, 2002: 

sections 39–4402; 39–4403 (except 39– 

4403(6) & (14)); 39–4408(1)–(3); 39–4409(1) 

(except fourth and fifth sentences); 

39–4409(2) (only the first sentence); 39– 

4409(4) (except first sentence); 39–4409(5); 

39–4409(6); 39– 4409(7); 39–4409(8); 39– 

4411(2); 39–4411(4); 39–4411(5); 39–4423 

(except 39–4423(3)(a) & (b)); and 39–4424. 

Idaho Code containing the General Laws of 

Idaho Annotated, Title 39, Chapter 58, 

‘‘Hazardous Waste Facility Siting Act’’, 

published in 2002 by the Michie Company, 

Law Publishers: sections 39–5802; 39–5803; 

39–5808; 39–5811; 39–5813(1); and 39– 

5818(2). Copies of the Idaho statutes that are 

incorporated by reference are available from 

Michie Company, Law Publishers, 1 Town 

Hall Square, Charlottesville, VA 22906–7587. 

(b) The regulatory provisions include: 

Idaho Department of Environmental 

Quality Rules and Regulations, Idaho 

Administrative Code, IDAPA 58, Title 1, 

Chapter 5, ‘‘Rules and Standards for 

Hazardous Waste’’, as published on July 

2008: sections 58.01.05.001; 58.01.05.002; 

58.01.05.003; 58.01.05.004; 58.01.05.005; 

58.01.05.006; 58.01.05.007; 58.01.05.008; 

58.01.05.009; 58.01.05.010; 58.01.05.011; 

58.01.05.012; 58.01.05.013; 58.01.05.014; 

58.01.05.015; 58.01.05.016; 58.01.05.018; 

58.01.05.356.01; and 58.01.05.998. 

* * * * * 

[FR Doc. 2010–7647 Filed 4–5–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Part 286 

RIN 0970–AC40 

Temporary Assistance for Needy 

Families (TANF) Carry-Over Funds 

AGENCY: Administration for Children 

and Families (ACF), Department of 

Health and Human Services (HHS). 

ACTION: Final rule. 

SUMMARY: This final rule implements 

the statutory change to section 404(e) of 

the Social Security Act as enacted by 

the American Recovery and 

Reinvestment Act of 2009. This change 

allows States, Tribes and Territories to 

use Temporary Assistance for Needy 

Families (TANF) program funds carried 

over from a prior year for any allowable 

TANF benefit, service or activity. 

Previously these funds could be used 

only to provide assistance. This final 

rule applies to States, local 

governments, and Tribes that administer 

the TANF program. 

DATES: Effective April 6, 2010, the 

interim final rule amending 45 CFR part 

286 which was published at 74 FR 

25161 on May 27, 2009, is adopted as 

a final rule without change. 

FOR FURTHER INFORMATION CONTACT: 

Robert Shelbourne, Director, Division of 

State TANF Policy and Acting Director, 

Division of Tribal TANF Management, 

Office of Family Assistance, ACF, at 

(202) 401–5150. 

SUPPLEMENTARY INFORMATION: 

I. Statutory Authority 

Section 417 of the Social Security Act 

(42 U.S.C. 617) limits the authority of 

the Federal government to regulate State 

conduct or enforce the TANF provisions 

of the Social Security Act, except as 

expressly provided. We have interpreted 

this provision to allow us to regulate 

where Congress has charged HHS with 

enforcing certain TANF provisions by 

assessing penalties. Because the 

improper use of Federal TANF carryover funds can result in a financial 

penalty pursuant to 42 U.S.C. 609(a)(1), 

we have the authority to regulate in this 

instance. 

II. American Recovery and 

Reinvestment Act of 2009 

On February 17, 2009, the President 

signed the American Recovery and 

Reinvestment Act of 2009 (Pub. L. 111– 

5), which included a provision to lift the 

restriction on unspent Federal TANF 

funds reserved or ‘‘carried over’’ into a 

succeeding fiscal year. Prior to Public 

Law 111–5, carry-over funds could only 

be used to provide assistance (i.e., 

ongoing basic needs payments, and 

supportive services such as 

transportation and child care to families 

who are not employed). Section 2103 of 

Division B of Public Law 111–5 amends 

section 404(e) of the Social Security Act 

(Act) by allowing States, District of 

Columbia, the Territories and Tribes to 

use the carry-over funds for any 

allowable TANF benefit, service, or 

activity (such as job skills training or retraining activities, employment 

counseling services, parental counseling 

services, teen pregnancy prevention 

activities, services for victims of 

domestic violence, after-school 

programs)—and not just assistance. 

III. Response to Public Comment and 

Regulatory Provisions 

The interim final rule was published 

May 27, 2009, and provided a 60-day 

comment period. Only one comment 

was received from an advocacy 

organization that simply expressed 


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17314 Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 

support for the regulation; thus, no 

changes have been made to the 

provisions of the interim final rule in 

the final rule. As discussed below, 

section 2103 of Public Law 111–5 

requires a change in the Tribal TANF 

regulation at 45 CFR 286.60. The TANF 

regulations at 45 CFR Part 263, 

applicable to States and Territories, 

require no change. 

PART 286—TRIBAL TANF 

PROVISIONS 

Section 286.60: Must Tribes obligate all 

Tribal Family Assistance Grant funds by 

the end of the fiscal year in which they 

are awarded? 

Under prior law, section 404(e) of the 

Act, entitled ‘‘Authority to Reserve 

Certain Amounts for Assistance,’’ 

allowed States and Indian Tribes 

operating approved Tribal TANF 

programs (Tribes) to reserve Federal 

TANF funds that they receive ‘‘for any 

fiscal year for the purpose of providing, 

without fiscal year limitation, assistance 

under the State or tribal program funded 

under this part’’ (Title IV, Part A of the 

Act). Based on the reading of this 

section, we concluded that States and 

Tribes could only use reserve or ‘‘carryover’’ funds to provide TANF assistance, 

defined in 45 CFR 260.31 for States and 

in 45 CFR 286.10 for Tribes, and to pay 

for the administrative expenses 

associated with providing the 

assistance. The statutory wording also 

precluded States from transferring 

‘‘carry-over’’ funds to either the Social 

Services Block Grant Program (SSBG) 

under title XX of the Act or the Child 

Care and Development Block Grant 

Program (also known as the Child Care 

Discretionary Fund within the Child 

Care and Development Fund (CCDF)). 

(The transfer provision in section 404(d) 

of the Act does not apply to Tribes.) 

Section 2103 of Division B of Public 

Law 111–5 (American Recovery and 

Reinvestment Act of 2009) amended 

section 404(e) of the Social Security Act. 

The amendment allows States and 

Tribes to use unspent Federal TANF 

funds carried over from prior fiscal 

years ‘‘to provide, without fiscal year 

limitation, any benefit or service that 

may be provided under the State or 

tribal program funded under this part.’’ 

Thus, States and Tribes are no longer 

restricted to using carry-over TANF 

funds to provide benefits that 

specifically meet the definition of 

assistance. States and Tribes may 

expend carry-over funds for any 

allowable TANF benefit, service, or 

activity. Because the amended section 

404(e) continues to specify that carryover funds may only be used ‘‘under this 

part’’—i.e., in the TANF program, States 

may not transfer any carry-over funds to 

either CCDF or the SSBG program. 

States may only transfer current year 

Federal TANF funds (up to the statutory 

limit) to these programs. 

Accordingly, we have amended 

§ 286.60 because the limitation on the 

use of carry-over funds explicitly 

appears in this section. We have deleted 

paragraph (b) which previously read, ‘‘A 

Tribe may expend funds beyond the 

fiscal year in which awarded only on 

benefits that meet the definition of 

assistance at § 286.10 or on the 

administrative costs directly associated 

with providing that assistance.’’ This 

sentence is no longer accurate because 

the law removes the restriction. We 

have revised the remaining language to 

provide that a Tribe may reserve 

amounts awarded to it, without fiscal 

year limitation, to provide assistance, 

benefits, and services in accordance 

with the requirements under § 286.35 or 

§ 286.40, if applicable. 

No change in the regulations related 

to the State TANF program is necessary, 

as those regulations speak more broadly 

to improper uses of TANF funds. 

Specifically, § 263.11(b) currently states 

that ‘‘We will consider use of funds in 

violation of * * * sections 404 and 408 

and other provisions of the Act * * * to 

be misuse of funds.’’ This statement is 

not impacted by the change to section 

404(e) of the Act. 

IV. Paperwork Reduction Act 

There are no information collection 

activities imposed by this regulation, 

nor are any existing requirements 

changed as a result of their 

promulgation. Therefore, the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507) 

regarding reporting and recordkeeping, 

do not apply. 

V. Regulatory Flexibility Analysis 

The Regulatory Flexibility Act (5 

U.S.C. 605(b)) requires the Federal 

government to anticipate and reduce the 

impact of rules and paperwork 

requirements on small businesses and 

other small entities. Small entities are 

defined in this Act to include small 

businesses as defined by the Small 

Business Administration, non-profit 

organizations that are not dominant in 

their markets, and small governmental 

jurisdictions. This rule will affect 

primarily the 50 States, the District of 

Columbia, certain Territories, and 

Indian Tribes operating approved Tribal 

TANF programs. Therefore, we certify 

that this rule will not have a significant 

impact on small entities. 

VI. Regulatory Impact Analysis 

Executive Order 12866 requires the 

review of regulations to ensure that they 

are consistent with the priorities and 

principles set forth in the Executive 

Order. The Department has determined 

that this final rule is consistent with 

these priorities and principles. This 

regulation implements a statutory 

change in the use of Federal TANF 

block grant funds carried over from a 

prior fiscal year included in the 

American Recovery and Reinvestment 

Act of 2009 (Pub. L. 111–5). Further, we 

certify that this change is not an 

‘‘economically significant regulatory 

action’’ under Section 3(f)(1) of 

Executive Order 12866. It will not have 

an annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities. TANF 

block grant awards remain the same; 

this change in statute simply allows 

carry-over funds under the TANF 

program to be used for broader 

purposes. 

The Department, however, has 

determined that this rule is significant 

for the purposes of review under 

Section 3(f)(4) of Executive Order 

12866; accordingly, it was reviewed by 

the Office of Management and Budget 

(OMB). 

VII. Unfunded Mandates Reform Act of 

1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 requires 

that a covered agency prepare a 

budgetary impact statement before 

promulgating a rule that includes any 

Federal mandate that may result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $133 million or more 

in any one year. The Department has 

determined that this rule would not 

impose a mandate that will result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of more than $133 

million in any one year. 

VIII. Congressional Review 

This regulation is not a major rule as 

defined in 5 U.S.C. Chapter 8. 

IX. Assessment of Federal Regulation 

and Policies on Families 

Section 654 of the Treasury and 

General Government Appropriations 

Act of 1999 requires Federal agencies to 

determine whether a proposed policy or 

regulation may negatively affect family 

well-being. If the agency’s 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Rules and Regulations 17315 

determination is affirmative, then the 

agency must prepare an impact 

assessment addressing seven criteria 

specified in the law. 

The Department has determined that 

this regulation does not negatively affect 

family well-being. The purpose of the 

TANF program is to strengthen the 

economic and social stability of 

families. This rule lifts the restriction on 

the use of Federal TANF carry-over 

funds so that States and Tribes may 

provide the services that families need 

to attain and maintain self-sufficiency. 

X. Executive Order 13132 

Executive Order 13132, Federalism, 

requires that Federal agencies consult 

with State and local government 

officials in the development of 

regulatory policies with Federalism 

implications. Consistent with this 

Executive Order, we solicited comments 

from State and local government 

officials on the interim final rule. 

XI. List of Subjects in 45 CFR Part 286 

Carry-over, Reserve, Prior fiscal years, 

Federal TANF funds. 

(Catalog of Federal Domestic Assistance 

Program Number 93.558, Temporary 

Assistance for Needy Families Program) 

Dated: November 20, 2009. 

Carmen R. Nazario, 

Assistant Secretary for Children and Families. 

Approved: January 19, 2010. 

Kathleen Sebelius, 

Secretary, Department of Health and Human 

Services. 

PART 286—TRIBAL TANF 

PROVISIONS 

■ Accordingly, the interim final rule 

amending 45 CFR part 286 which was 

published at 74 FR 25161 on May 27, 

2009, is adopted as a final rule without 

change. 

[FR Doc. 2010–7530 Filed 4–5–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131363–0087–02] 

RIN 0648–XV66 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod for 

American Fisheries Act Catcher 

Processors Using Trawl Gear in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by American 

Fisheries Act (AFA) trawl catcher 

processors in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the B season 

allowance of the 2010 Pacific cod total 

allowable catch (TAC) specified for AFA 

trawl catcher processors in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 1, 2010, through 1200 

hrs, A.l.t., June 10, 2010. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The B season allowance of the 2010 

Pacific cod TAC allocated to AFA trawl 

catcher processors in the BSAI is 867 

metric tons (mt) as established by the 

final 2010 and 2011 harvest 

specifications for groundfish in the 

BSAI (75 FR 11788, March 12, 2010). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS, has determined that the B season 

allowance of the 2010 Pacific cod TAC 

allocated to AFA trawl catcher 

processors in the BSAI will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 100 mt, and is 

setting aside the remaining 767 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by AFA 

trawl catcher processors in the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod by AFA 

trawl catcher processors in the BSAI. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of March 31, 

2010. 

The AA also finds good cause to 

waive the 30–day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: April 1, 2010. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–7760 Filed 4–1–10; 4:15 pm] 

BILLING CODE 3510–22–S 


sroberts on DSKD5P82C1PROD with RULES