Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Rules and Regulations 25161 

Commodity Parts per million 

*****

Cucumber ....................... 0.02 

*****

Fruit, stone, group 12, 

except plum ................. 1.0 

*****

Peppermint, oil ................ 20 

Peppermint, tops ............ 10 

*****

Plum ................................ 0.15 

Plum, prune, dried .......... 0.30 

*****

Spearmint, oil .................. 20 

Spearmint, tops .............. 10 

*****

Tomato ............................ 0.20 

*****

* * * * * 

[FR Doc. E9–12292 Filed 5–26–09; 8:45 am] 

BILLING CODE 6560–50–S 

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: Interim final rule. 

SUMMARY: This rule implements the 

statutory change to section 404(e) of the 

Social Security Act (42 U.S.C. 604(e)) as 

enacted by the American Recovery and 

Reinvestment Act of 2009 (Pub. L. 111– 

5). 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 interim final rule 

applies to States, local governments, 

and Tribes that administer the TANF 

program. 

DATES: Effective Date: May 27, 2009. 

Comment Date: Comments are due on 

or before July 27, 2009. 

ADDRESSES: You may mail or handdeliver comments regarding this interim 

rule to the Administration for Children 

and Families, Office of Family 

Assistance, 370 L’Enfant Promenade, 

SW., 5th floor, Washington, DC 20447. 

You also may transmit comments 

electronically via the Internet at: 

http://www.regulations.gov. You may 

download an electronic version of this 

rule at: http://www.regulations.gov. 

All comments received, including any 

personal information provided, will be 

available for public inspection Monday 

through Friday, 8:30 a.m. to 5 p.m., at 

901 D St., SW., 5th Floor, Washington 

DC. 

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. 

Justification for Interim Final Rule 

The Administrative Procedures Act 

requirements under 5 U.S.C. 553 for 

notice of proposed rulemaking do not 

apply to rules when the agency finds 

good cause that notice is impracticable, 

unnecessary, or contrary to the public 

interest (5 U.S.C. 553(b)). We find 

proposed rulemaking unnecessary 

because the policy was effective upon 

enactment and this regulatory action 

merely updates program regulations to 

reflect current law and avoid any 

unnecessary confusion on the part of 

States and Tribes. The change made to 

the TANF program by the Recovery Act 

on the use of carry-over funds was 

intended to provide increased flexibility 

immediately to States and Tribes to 

support work and families especially 

during this difficult economic period. If 

this regulation were delayed, States and 

Tribes might be hesitant to take 

advantage of the flexibility afforded by 

the statutory change because of the 

conflict with the regulation, and any 

confusion resulting from that conflict. 

For the same reason given above, we 

also find good cause for waiving the 

Administrative Procedures Act 

requirement under 5 U.S.C. 553(d) 

which provides that a rule generally 

may not become effective less than 30 

days after it is published in the Federal 

Register. Since the statute was effective 

upon enactment and because this 

regulation merely updates the 

regulations to reflect the current law, 

this rule is effective upon publication. 

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. 

Thus, the policy reflected in this 

interim final rule is effective 

immediately and applies to all Federal 

TANF funds carried over into fiscal year 

2009 as well as to all future Federal 

TANF funds carried over into a 

subsequent year. 

Herein after and as defined in section 

419(5) of the Social Security Act, we 

will use ‘‘States’’ to mean the 50 States 

of the United States, the District of 

Columbia, the Commonwealth of Puerto 

Rico, the United States Virgin Islands, 

Guam, and American Samoa. (However, 

American Samoa has chosen not to 

participate in the TANF program.) 

III. Regulatory Provisions 

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 


PWALKER on PROD1PC71 with RULES
25162 Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Rules and Regulations 

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 interim 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 

and therefore has been 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 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 


PWALKER on PROD1PC71 with RULES
Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Rules and Regulations 25163 

Executive Order, we specifically 

solicited comments from State and local 

government officials on this interim 

final rule. We will seriously consider 

these comments in developing the final 

rule. 

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: March 30, 2009. 

Curtis L. Coy, 

Acting Assistant Secretary for Children and 

Families. 

Approved: April 28, 2009. 

Charles E. Johnson, 

Acting Secretary, Department of Health and 

Human Services. 

■ For the reasons stated in the preamble, 

we are amending 45 CFR chapter II by 

amending part 286 as set forth below: 

PART 286—TRIBAL TANF 

PROVISIONS 

■ 1. The authority citation for part 286 

is revised to read as follows: 

Authority: 42 U.S.C. 601, 604, and 612; 

Public Law 111–5. 

■ 2. Revise § 286.60 to read as follows: 

§ 286.60 Must Tribes obligate all Tribal 

Family Assistance Grant funds by the end 

of the fiscal year in which they are 

awarded? 

No. 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. 

[FR Doc. E9–12187 Filed 5–26–09; 8:45 am] 

BILLING CODE P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 73 and 74 

[MB Docket Nos. 07–294, 06–121, 02–277, 

04–228; MM Docket Nos. 01–235, 01–317, 

00–244; FCC 09–33] 

Promoting Diversification of 

Ownership in the Broadcasting 

Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Report and Order adopts 

changes to the reporting requirements 

on FCC Form 323, ‘‘Ownership Report 

for Commercial Broadcast Stations’’ to 

improve Form 323 data collection in 

order to obtain an accurate, reliable, and 

comprehensive assessment of minority 

and female broadcast ownership in the 

United States. The FCC also is 

broadening Form 323 reporting 

requirements to require low power 

television station licensees, including 

Class A stations, to file biennially. 

DATES: The amendments to §§ 73.3615, 

73.6026, and 74.797 contain information 

collection requirements that have not 

been approved by OMB. The FCC will 

publish a document in the Federal 

Register announcing the effective date. 

FOR FURTHER INFORMATION CONTACT: 

Mania Baghdadi, (202) 418–2330, Amy 

Brett (202) 418–2703. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order (R&O) adopted April 8, 2009, 

and released May 5, 2009. The full text 

of this document is available for public 

inspection and copying during regular 

business hours in the FCC Reference 

Center, Federal Communications 

Commission, 445 12th Street, SW., CY– 

A257, Washington, DC 20554. These 

documents will also be available via 

ECFS (http://www.fcc.gov/cgb/ecfs). The 

complete text may be purchased from 

the Commission’s copy contractor, 445 

12th Street, SW., Room CY–B402, 

Washington, DC 20554. 

Summary of the Report and Order 

1. In the (R&O) (1) the FCC enlarges 

the class of licensees required to file 

ownership reports biennially to include 

LPTV stations, including Class A 

stations, as well as commercial 

broadcast stations licensed to sole 

proprietors and partnerships composed 

of natural persons; (2) for purposes of 

defining the class of interests that are 

reportable, the FCC will not apply two 

attribution exemptions—the single 

majority shareholder exemption and the 

exemption for interests held in eligible 

entities that would be attributable but 

for the higher Equity/Debt Plus (‘‘EDP’’) 

thresholds adopted in the Diversity 

Order; (3) the FCC set a uniform 

biennial filing date in place of the filing 

date tied to stations’ renewal 

anniversaries; and (4) the FCC set an 

initial filing date of no later than 

November 1, 2009. To effectuate these 

changes, as discussed more fully below, 

the FCC delegates authority to staff to 

(1) revise the FCC Form 323 according 

to the parameters adopted in the (R&O); 

(2) revise the electronic interface so that 

the ownership data is incorporated into 

the database, is searchable, and can be 

aggregated and cross-referenced; (3) 

build additional checks into Form 323 

to perform verification and review 

functions and to preclude the filing of 

incomplete or inaccurate data; and (4) 

conduct audits on a random basis to 

ensure accuracy of Form 323 Reports. 

2. Currently, full power broadcast 

stations are required to periodically file 

Form 323 Ownership Reports to identify 

their organizational and ownership 

structures. Form 323 also requires 

stations to provide information on 

owners’ race, ethnicity, and gender. 

Currently, full power commercial 

broadcast licensees are required to file 

Form 323: (1) When filing the station’s 

license renewal application; (2) 

following the consummation of an 

assignment or transfer of control of the 

station license; (3) within 30 days after 

the grant of a construction permit for a 

new commercial radio or television 

station; and (4) at two-year intervals on 

the anniversary date of the station’s 

renewal application filing date. The 

biennial reporting requirement does not 

apply, however, where the licensee is a 

sole proprietor or a partnership that is 

composed entirely of natural persons. In 

lieu of filing a new report, a licensee 

with a current and unamended report 

may certify that it has reviewed its 

current report and that it is accurate. 

The Commission does not require LPTV 

stations, including Class A stations, to 

file Form 323. If a full power 

commercial licensee or permittee is 

directly or indirectly controlled by 

another entity or if another entity holds 

an attributable interest in such licensee 

or permittee, a separate Form 323 is 

required to be submitted for such entity. 

To determine which interests are 

reportable on Form 323, the 

Commission uses its broadcast 

attribution rules, including the 

multiplier, which applies when an 

interest in a licensee is held indirectly 

by any party through one or more 

intervening entities in a vertical 

ownership chain. Form 323 defines the 

term ‘‘respondent’’ as either the licensee 

or permittee or an entity controlling or 

holding an attributable interest in the 

licensee or permittee. Each respondent, 

other than a natural person, is required 

to list its officers, directors, 

stockholders, and other entities with 

attributable interests, its non-insulated 

partners, and/or its members. 

3. In 1998, the Commission began 

collecting data on minority and female 

broadcast ownership to fulfill the 

Commission’s statutory mandate under 

Section 257 of 1996 Telecom Act of 

1996 and Section 309(j) of the 

Communications Act of 1934 to promote 

opportunities for small businesses and 

businesses owned by women and 

minorities in the broadcasting industry. 

The Commission revised Form 323 to 


PWALKER on PROD1PC71 with RULES