2090 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Rules and Regulations 

throughout the center to 30 feet of the 

bridge. 

To facilitate this event, the north half 

of the bridge span, or single leaf, will 

open with at least a one hour advance 

notice provided to the bridge operator 

from 6 a.m. to 6 p.m. on February 27, 

2016. From 6 p.m. on February 27, 2016 

to 5 a.m. on February 28, 2016, the 

Montlake Bridge span will remain in the 

closed-to-navigation position, or full 

closure. Then, from 5 a.m. to 6 p.m. on 

February 28, 2016, the north half of the 

bridge span will open with at least a one 

hour advance notice to the bridge 

operator. The normal operating 

schedule for the Montlake Bridge 

operates in accordance with 33 CFR 

117.1051(e). 

The deviation period is from 6 a.m. on 

February 27, 2016 to 6 p.m. on February 

27, 2016 (north single leaf opening if a 

one hour notice is given); from 6 p.m. 

on February 27, 2016 to 5 a.m. on 

February 28, 2016 (remain in the closedto-navigation position); from 5 a.m. on 

February 28, 2016 to 6 p.m. on February 

28, 2016 (north single leaf opening if a 

one hour notice is given). 

Waterway usage on the Lake 

Washington Ship Canal ranges from 

commercial tug and barge to small 

pleasure craft. Vessels able to pass 

through the bridge in the closed-tonavigation position may do so at any 

time. The bridge will be able to open for 

emergency vessels in route to a call 

when an hour notice is given to the 

bridge operator, and a single leaf 

opening will be provided. The Lake 

Washington Ship Canal has no 

immediate alternate route for vessels to 

pass. The Coast Guard will also inform 

the users of the waterways through our 

Local and Broadcast Notices to Mariners 

of the change in operating schedule for 

the bridge so that vessels can arrange 

their transits to minimize any impact 

caused by the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: January 11, 2016. 

Steven M Fischer, 

Bridge Administrator, Thirteenth Coast Guard 

District. 

[FR Doc. 2016–00654 Filed 1–14–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2015–0790; FRL–9941–03- 

Region 7] 

Approval of Missouri’s Air Quality 

Implementation Plans; Reporting 

Emission Data, Emission Fees and 

Process Information 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Operating Permits Program for the State 

of Missouri submitted on March 16, 

2015. These revisions update the 

emissions fee for permitted sources as 

set by Missouri Statute from $40 to $48 

per ton of air pollution emitted 

annually, effective January 1, 2016. 

DATES: This direct final rule will be 

effective March 15, 2016, without 

further notice, unless EPA receives 

adverse comment by February 16, 2016. 

If EPA receives adverse comment, we 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2015–0790, to http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Krabbe, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

913–551–7991 or by email at 

krabbe.stephen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is EPA taking? 

I. What is being addressed in this 

document? 

EPA is taking direct final action to 

approve the Operating Permits Program 

revision submitted by the state of 

Missouri for 10 CSR 10–6.110, 

‘‘Reporting Emission Data, Emission 

Fees, and Process Information,’’ on 

March 16, 2015. Section (3)(A) revised 

the emission fees section, which is 

approved under the Operating Permits 

Program only, and updates the 

emissions fee for permitted sources as 

set by Missouri Statute from $40 to $48 

per ton of air pollution emitted 

annually, effective January 1, 2016, as 

set by Missouri statute. 

II. Have the requirements for approval 

of an operating permits program been 

met? 

The state submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. In addition, the revision 

meets the substantive SIP requirements 

of the Clean Air Act (CAA), including 

section 110 and implementing 

regulations. 

III. What action is EPA taking? 

We are publishing this direct final 

rule without a prior proposed rule 

because we view this as a 

noncontroversial action and anticipate 

no adverse comment. However, in the 

‘‘Proposed Rules’’ section of this 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule to this Operating Permits 

Fee revision if adverse comments are 

received on this direct final rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this rule, see the 

ADDRESSES section of this document. If 

EPA receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 


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Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Rules and Regulations 2091 

effect. We will address all public 

comments in any subsequent final rule 

based on the proposed rule. 

Incorporation by Reference 

In this action, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

Missouri amendments to 40 CFR part 52 

set forth below. EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and at the 

appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

Statutory and Executive Order Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The action is not approved to apply 

on any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 15, 2016. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 70 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Operating permits, Reporting 

and recordkeeping requirements. 

Dated: December 23, 2015. 

Mark Hague, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR parts 

52 and 70 as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart AA—Missouri 

■ 2. Amend § 52.1320(c) by revising the 

entry for 10–6.110 to read as follows: 

§ 52.1320 Identification of Plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title State effective 

date EPA approval date Explanation 

Missouri Department of Natural Resources 


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2092 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Rules and Regulations 

EPA-APPROVED MISSOURI REGULATIONS—Continued 

Missouri citation Title State effective 

date EPA approval date Explanation 

*******

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of 

Missouri 

*******

10–6.110 ............. Reporting Emission Data, 

Emission Fees, and Process Information.

11/20/14 1/15/16 [Insert Federal 

Register citation].

Section (3)(A), Emissions Fees, has been 

updated from $40 to $48 per ton of air 

pollution emitted annually, effective 

January 1, 2016. 

*******

* * * * * 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 3. The authority citation for part 70 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 4. Appendix A to part 70 is amended 

by adding new paragraph (ee) under 

Missouri to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Missouri 

* * * * * 

(ee) The Missouri Department of Natural 

Resources submitted revisions to Missouri 

rule 10 CSR 10–6.110, ‘‘Reporting Emission 

Data, Emission Fees, and Process 

Information’’ on March 16, 2015. The state 

effective date is November 20, 2014. This 

revision is effective March 15, 2016. 

* * * * * 

[FR Doc. 2016–00191 Filed 1–14–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Parts 262, 264, and 265 

RIN 0970—AC56 

Temporary Assistance for Needy 

Families (TANF) Program, State 

Reporting On Policies and Practices 

To Prevent Use of TANF Funds in 

Electronic Benefit Transfer 

Transactions in Specified Locations 

AGENCY: Office of Family Assistance 

(OFA), Administration for Children and 

Families (ACF), Department of Health 

and Human Services (HHS). 

ACTION: Final rule. 

SUMMARY: This final rule makes 

regulatory changes to the Temporary 

Assistance for Needy Families (TANF) 

regulations to require states, subject to 

penalty, to maintain policies and 

practices that prevent TANF funded 

assistance from being used in any 

electronic benefit transfer transaction in 

any liquor store; any casino, gambling 

casino, or gaming establishment; or any 

retail establishment that provides adultoriented entertainment in which 

performers disrobe or perform in an 

unclothed state for entertainment. This 

rule implements provisions of Section 

4004 of the Middle Class Tax Relief and 

Job Creation Act of 2012. 

DATES: Effective Date: Provisions of this 

final rule become effective January 15, 

2016. 

Compliance Date: For states, the 

District of Columbia, and territories 

(hereafter referred to as states), HHS will 

determine compliance with provisions 

in this final rule through review and 

approval of reports that states submit 

annually. Initial reports describing the 

policies and practices states 

implemented were due on February 22, 

2014. All states submitted reports by 

this deadline. Hereafter, states will 

submit reports describing the policies 

and practices required by 45 CFR 264.60 

and Section 4004 of the Middle Class 

Tax Relief and Job Creation Act of 2012 

in the Annual Report on TANF and 

maintenance-of-effort (MOE) Programs 

in accordance with 45 CFR 265.9(b)(10). 

As provided at 45 CFR 265.10, this 

report is due by November 14 of each 

fiscal year, which is the same time as 

the fourth quarter TANF data report, as 

provided in 45 CFR 265.4. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Shwalb, Office of Family 

Assistance, 202–260–3305 (not a tollfree call). Deaf and hearing impaired 

individuals may call the Federal Dual 

Party Relay Service at 1–800–877–8339 

between 8:00 a.m. and 7:00 p.m. Eastern 

Time. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Notice of Proposed Rulemaking 

III. Overview of Final Rule 

IV. Statutory Authority 

V. Section-by-Section Discussion of 

Comments and Regulatory Provisions 

Part 262—Accountability Provisions— 

General 

Section 262.1 What penalties apply to 

States? 

Section 262.2 When do the TANF penalty 

provisions apply? 

Section 262.3 How will we determine if 

a State is subject to a penalty? 

Part 264—Other accountability provisions: 

Subpart A—What specific rules apply for 

other program penalties? 

Section 264.0 What definitions apply to 

this part? 

Section 264.60 What policies and 

practices must a State implement to 

prevent assistance from being used in 

electronic benefit transfer transaction in 

locations prohibited by the Social 

Security Act? 

Section 264.61 What happens if a State 

fails to report or demonstrate it has 

implemented and maintained the 

policies and practices required in 

§ 264.60 of this subpart? 

Part 265—Data Collection and Reporting 

Requirements 

Section 265.9—What information must the 

State file annually? 

VI. Paperwork Reduction Act 

VII. Regulatory Flexibility Act 

VIII. Regulatory Impact Analysis 

IX. Unfunded Mandates Reform Act of 1995 

X. Congressional Review 

XI. Executive Order 13132 

XII. Treasury and General Government 

Appropriations Act of 1999 


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