7126 Federal Register / Vol. 79, No. 25 / Thursday, February 6, 2014 / Proposed Rules 

F. Executive Order 13175, Coordination 

With Indian Tribal Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This proposed rule does 

not have tribal implications, as specified 

in Executive Order 13175. It will not 

have substantial direct effects on tribal 

governments, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes. 

Thus, Executive Order 13175 does not 

apply to this rule. However, even 

though EPA is acting on a State plan, 

and that plan does not apply in Indian 

Country, there are four tribes located 

within the PM-10 nonattainment area, 

several of which have imposed 

particulate control measures of their 

own in order to reduce PM-10 

concentrations. EPA informed tribal 

environmental staff regarding the 

proposed approval so that the tribes 

could inform their leadership and 

participate in the public comment 

process if desired. 

EPA specifically solicits additional 

comment on this proposed rule from 

tribal officials. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This rule is not subject to 

Executive Order 13045, because it 

approves a state rule implementing a 

Federal standard. 

H. Executive Order 12898, Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

Executive Order 12898, ‘‘Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations’’ (February 16, 

1994) establishes federal executive 

policy on environmental justice. Its 

main provision directs federal agencies, 

to the greatest extent practicable and 

permitted by law, to make 

environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies and activities on minority 

populations and low-income 

populations in the United States. The 

Executive Order has informed the 

development and implementation of 

EPA’s environmental justice program 

and policies. Consistent with the 

Executive Order and the associated 

Presidential Memorandum, the 

Agency’s environmental justice policies 

promote environmental protection by 

focusing attention and Agency efforts on 

addressing the types of environmental 

harms and risks that are prevalent 

among minority, low-income and Tribal 

populations. 

This action will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or Tribal 

populations because the action 

proposed increases the level of 

environmental protection for all affected 

populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

minority or low-income population. 

I. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action under 

Executive Order 12866. 

J. National Technology Transfer and 

Advancement Act 

Section 12 of the National Technology 

Transfer and Advancement Act 

(NTTAA) of 1995 requires Federal 

agencies to evaluate existing technical 

standards when developing a new 

regulation. To comply with NTTAA, 

EPA must consider and use ‘‘voluntary 

consensus standards’’ (VCS) if available 

and applicable when developing 

programs and policies unless doing so 

would be inconsistent with applicable 

law or otherwise impractical. 

EPA believes that VCS are 

inapplicable to this action. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Particulate matter, Reporting 

and recordkeeping requirements. 

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

Dated: January 14, 2014. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2014–02574 Filed 2–5–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2013–0713, FRL–9906–33– 

Region–10] 

Approval and Promulgation of 

Implementation Plans; Washington: 

Kent, Seattle, and Tacoma Second 10- 

Year PM10 Limited Maintenance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed rulemaking; 

reopening of comment period. 

SUMMARY: The EPA is reopening the 

public comment period on the notice of 

proposed rulemaking ‘‘Approval and 

Promulgation of Implementation Plans; 

Washington: Kent, Seattle, and Tacoma 

Second 10-Year PM10 Limited 

Maintenance Plan’’ published on 

December 26, 2013. A commenter 

requested additional time to review the 

proposal and prepare comments. In 

response to this request, the EPA is 

reopening the comment period. 

DATES: For the proposed rule published 

December 26, 2013 (78 FR 78311), 

comments must be received in writing 

by March 10, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2013–0713, by any of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: R10- 

Public_Comments@epa.gov. 

• Mail: Jeff Hunt, EPA Region 10, 

Office of Air, Waste and Toxics (AWT– 

107), 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101. 

• Hand Delivery/Courier: EPA Region 

10, 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101. Attention: Jeff Hunt, 

Office of Air, Waste and Toxics, AWT– 

107. Such deliveries are only accepted 

during normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2013– 

0713. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 25 / Thursday, February 6, 2014 / Proposed Rules 7127 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy 

during normal business hours at the 

Office of Air, Waste and Toxics, EPA 

Region 10, 1200 Sixth Avenue, Seattle, 

WA 98101. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt at telephone number: (206) 553– 

0256, email address: hunt.jeff@epa.gov, 

or the above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: On 

December 26, 2013, the EPA published 

a proposed rulemaking to approve a 

limited maintenance plan addressing 

coarse particulate matter (PM10) for the 

Kent, Seattle, and Tacoma maintenance 

areas (78 FR 78311). The EPA received 

a request that the public comment 

period be reopened to allow more time 

to review the proposal and prepare 

comments. In response to this request, 

the EPA is reopening the public 

comment period. 

Dated: January 24, 2014. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2014–02609 Filed 2–5–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Parts 262 and 264 

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: Notice of proposed rulemaking. 

SUMMARY: The Administration for 

Children and Families (ACF) proposes 

to amend 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 specified 

locations. This responds to provisions 

in the Middle Class Tax Relief and Job 

Creation Act of 2012 requiring states 

receiving TANF grants to maintain 

policies and practices as necessary to 

prevent assistance provided under the 

program 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. 

DATES: In order to be considered, 

comments on this proposed rule must 

be received on or before May 7, 2014. 

ADDRESSES: You may submit comments, 

identified by docket number by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. (We strongly 

recommend this method of submitting 

comments). Follow the instructions for 

submitting comments. 

• Mail: Office of Family Assistance, 

Administration for Children and 

Families, 5th Floor East, 370 L’Enfant 

Promenade SW., Washington, DC 20024, 

Attention: Robert Shelbourne. 

• Hand Delivery/Courier: OFA/ACF, 

5th Floor East, 901 D Street SW., 

Washington, DC 20251. 

FOR FURTHER INFORMATION CONTACT: 

Robert Shelbourne, Office of Family 

Assistance, 202–401–5150 (not a tollfree call). Deaf and hearing impaired 

individuals may call the Federal Dual 

Party Relay Service at 1–800–877–8339 

between 8 a.m. and 7 p.m. Eastern Time. 

SUPPLEMENTARY INFORMATION: 

Contents 

I. Public Inspection of Comments 

II. Statutory Authority 

III. Background 

IV. Discussion of Regulatory Provisions 

Part 262—Accountability Provisions— 

General 

Part 264—Other Accountability Provisions 

V. Paperwork Reduction Act 

VI. Regulatory Flexibility Analysis 

VII. Regulatory Impact Analysis 

VIII. Unfunded Mandates Reform Act of 1995 

IX. Congressional Review 

X. Assessment of Federal Regulation and 

Policies on Families 

XI. Executive Order 13132 

I. Public Inspection of Comments 

All comments received, including any 

personal information provided, will be 

made available for public inspection 

Monday through Friday 8:30 a.m. to 5 

p.m. at 370 L’Enfant Promenade SW., 

Washington, DC. 

II. Statutory Authority 

This proposed regulation is being 

issued under the authority granted to 

the Secretary of Health and Human 

Services (HHS) by the Middle Class Tax 

Relief and Job Creation Act of 2012 

(Pub. L. 112–96), Section 408 of the 

Social Security Act (42 U.S.C. 608), 

Section 409 of the Social Security Act 

(42 U.S.C. 609), and Section 1102 of the 

Social Security Act (42 U.S.C. 1302), 

which authorizes the Secretary to make 

and publish such rules and regulations, 

not inconsistent with the Act, as may be 

necessary to the efficient administration 

of functions under the Act. 

The statute at 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 legislation includes a TANF 

penalty, HHS has the authority to 

regulate in this instance. 

III. Background 

Authorized by title IV–A of the Social 

Security Act, TANF is a block grant that 

provides states, territories and tribes 


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