Head Start Program, 58533-58536 [E6-16488]

Download as PDF Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations ACTION: PART 302—DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION 1. The authority citation for part 302 continues to read as follows: I Authority: 42 U.S.C. 9602, 9603, 9604; 33 U.S.C. 1321 and 1361. 2. Section 302.6 is amended by adding paragraph (e) to read as follows: I § 302.6 Notification requirements. * * * * * (e) The following releases are exempt from the notification requirements of this section: (1) Releases in amounts less than 1,000 pounds per 24 hours of nitrogen oxide to the air which are the result of combustion and combustion-related activities. (2) Releases in amounts less than 1,000 pounds per 24 hours of nitrogen dioxide to the air which are the result of combustion and combustion-related activities. PART 355—EMERGENCY PLANNING AND NOTIFICATION 3. The authority citation for part 355 continues to read as follows: I Authority: 42 U.S.C. 11002, 11004, and 11048. 4. Section 355.40 is amended by adding paragraph (a)(2)(vii) to read as follows: I § 355.40 Emergency release notification. (a) * * * (1) * * * (2) * * * (vii) Any release in amounts less than 1,000 pounds per 24 hours of: (A) Nitrogen oxide (NO) to the air that is the result of combustion and combustion-related activities. (B) Nitrogen dioxide (NO2) to the air that is the result of combustion and combustion-related activities. * * * * * [FR Doc. E6–16379 Filed 10–3–06; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families erjones on PROD1PC72 with RULES 45 CFR Part 1310 RIN 0970-AC26 Head Start Program Administration for Children and Families (ACF), DHHS. AGENCY: VerDate Aug<31>2005 14:25 Oct 03, 2006 Jkt 211001 Final rule. SUMMARY: This rule finalizes the provisions of the proposed rule published on May 30, 2006 and responds to public comments received as a result of the proposed rule. This final rule authorizes approval of annual waivers, under certain circumstances, from two provisions in the current Head Start transportation regulation (45 CFR part 1310): the requirement that each child be seated in a child restraint system while the vehicle is in motion, and the requirement that each bus have at least one bus monitor on board at all times. Waivers would be granted when the Head Start or Early Head Start grantee demonstrates that compliance with the requirement(s) for which the waiver is being sought will result in a significant disruption to the Head Start program or the Early Head Start program and that waiving the requirement(s) is in the best interest of the children involved. The rule also revises the definition of child restraint system in the regulation to remove the reference to weight which now conflicts with Federal Motor Vehicle Safety Standards. The regulation also reflects new effective dates for Sec. 1310.12(a) and 1310.22(a) on the required use of school buses or allowable alternate vehicles and the required availability of such vehicles adapted for use of children with disabilities, as the result of enactment of Section 224 of Public Law 109–149 and Section 7012 of Public Law 109–234. DATES: These rules are effective November 3, 2006, except sections 1310.12(a) and 1310.22(a) will become effective on December 30, 2006. FOR FURTHER INFORMATION CONTACT: Office of Head Start, (202) 205–8572. 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: On December 30, 2005, the President signed Public Law 109–149 that included in Section 223 a provision that authorizes the Secretary of Health and Human Services to waive the requirements of regulations promulgated under the Head Start Act (42 U.S.C. 9831 et seq.) pertaining to child restraint systems or vehicle monitors if the Head Start or Early Head Start agency can demonstrate that compliance with such requirements will result in a significant disruption to the program and that waiving the requirement is in the best interest of the children involved. This waiver authority extends until September 30, 2006, or the date of the PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 58533 enactment of a statute that authorizes appropriations for fiscal year 2006 to carry out the Head Start Act, whichever date is earlier. These rules extend that limited waiver authority indefinitely. The rules also provide a definition of child restraint system in the Head Start regulations and codify in Head Start regulations the requirement for use of child restraint systems to reflect current National Highway Traffic Safety Administration (NHTSA) regulations with flexibility to address any future changes in the weight range covered by the NHTSA regulation. NHTSA is the agency responsible for issuing Federal Motor Vehicle Safety Standards. Finally, this rule removes provisions added to section 1310.11(b) and 1310.15(c) that are no longer necessary. Summary Description of Regulatory Provisions and Response to Comments Section 1310.2—Waiver Authority and Effective Dates The regulation provides that effective November 1, 2006, ‘‘good cause’’ for a waiver would exist when adherence to a requirement of the Head Start transportation regulation would create a safety hazard in the circumstances faced by the agency, or when compliance with requirements related to child restraint systems (Secs. 1310.11 and 1310.15(a)) or the use of bus monitors (Sec. 1310.15(c) would result in a significant disruption to the program and the grantee can demonstrate that waiving such requirements would be in the best interest of the children involved. We are using the November 1, 2006 effective date in recognition that the rule will not be effective until 30 days from the date of publication. In concert with this change, we also have added language under this section to ensure there is no gap in waivers between October 1, 2006 and November 1, 2006. That language provides that the responsible HHS official has authority to grant waivers related to child restraint systems or bus monitors that are retroactive to October 1, 2006, during the period from November 1, 2006 to October 30, 2007. The regulation also provides that the effective date of Sec. 1310.12(a) and 1310.22(a) is December 30, 2006, reflecting enactment of section 224 of Public Law 109–149, which provides Sec. 1310.12(a) of title 45 of the Code of Federal Regulations (October 1, 2004) shall not be effective until June 30, 2006, or 60 days after the date of the enactment of a statute that authorizes appropriations for fiscal year 2006 to carry out the Head Start Act, whichever date is earlier and subsequent enactment of Section 7021 of Public E:\FR\FM\04OCR1.SGM 04OCR1 58534 Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations Law 109–234 extending this date to December 30, 2006. In the event that legislation authorizing appropriations for fiscal year 2006 to carry out the Head Start Act is enacted before November 1, 2006, a notice informing the public of the new effective date of Sections 1310.2(b)(1), 1310.12(a) and 1310.22(a) will be issued. efforts toward achieving the goal of full compliance. ACF will publish guidance related to the circumstances under which requests will be approved. Except in extreme circumstances, those agencies who have previously achieved compliance will not receive waivers. Comment This rule also updates and modifies the definition and requirements for use of child restraint systems. Under Sec. 1310.3, child restraint systems were defined as any device designed to restrain, seat, or position children who weigh 50 pounds or less which meets the requirements of Federal Motor Vehicle Safety Standard No. 213, Child Restraint Systems, 49 CFR 571.213. NHTSA raised the weight threshold required for approved restraint systems and is considering raising it yet again. In addition, discussions with NHTSA indicate it would be advisable to include a formal reference to the exclusion of Type I lap belts for small children. Therefore, we have updated the definition by removing the weight requirement in order to stay current with FMVSS 49 CFR 571.213, and to exclude Type I lap belts as defined at 49 CFR 571.209. The majority of comments received support the proposed change to the waiver authority in the regulation. Concern over the potential loss of partnerships with school districts and loss of transportation services for Head Start children were cited. Over half expressed support for both bus monitor and child restraint system exceptions. Some letters also described circumstances related to one or the other of the two requirements. Two commenters suggested waivers be approved for a period exceeding one year. In addition, two Head Start agencies perceived the notice of proposed rulemaking as an opportunity to submit waiver requests. Three respondents indicated opposition to this change and instead suggested eliminating the requirements altogether so waivers would not be needed. One commenter opposed the change based on concern that Head Start will lose ground in providing safe transportation services for young children. A child restraint manufacturer described the availability of child restraint systems designed specifically for use in school buses and allowable alternate vehicles that have come on the market in recent years. One commenter expressed opposition based on concerns for safety, and another said that enough time had passed since the regulation was published that all Head Start programs should now achieve full compliance. erjones on PROD1PC72 with RULES Response The Administration for Children and Families (ACF) agrees with the need to provide a mechanism to address the circumstances faced by individual agencies related to these issues. We maintain the view that the opportunity for annual authority is necessary in order to keep pace with changes in the industry and communities. Agencies should continuously seek opportunities to come into full compliance with support from the Head Start Technical Assistance system. In response to the concern that more agencies will request waivers, agencies will be required to justify their requests and to describe VerDate Aug<31>2005 14:25 Oct 03, 2006 Jkt 211001 Definition and Requirements for Use of Child Restraint Systems Comment One commenter expressed appreciation for the Agency’s proposal to update the definition of child restraint system, but notes the improved definition will have no meaningful effect if the restraint requirements are waived. One Head Start grantee expressed dismay that funding is not available to purchase more child restraint systems for those children who will require these systems under the revised definition. Response We believe the improved definition will impact Head Start transportation services and therefore children positively. Agencies that may request and receive waiver approvals are the exception. With regard to funding, we wish to note that since publication of the NPRM a considerable amount of money has been made available to grantees to achieve compliance with the child restraint system and bus monitor requirements. Section 1310.15—Operation of Vehicles Section 1310.15(a) of the regulation provided that each agency providing transportation services must ensure that, ‘‘On a vehicle equipped for use of such PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 devices, any child weighing 50 pounds or less is seated in a child restraint system appropriate to the height and weight of the child while the vehicle is in motion.’’ As discussed earlier, the definition of the child restraint system is being updated to reflect FMVSS standards. We have removed the poundage reference to include those few Head Start and Early Head Start children who are over 50 pounds in the requirement for the use of child restraint systems to coincide with the change in the definition. We also revised the language to clarify that the regulation applies only to Head Start and Early Head Start enrolled children. In coordinated transportation arrangements, questions have been raised regarding the applicability of this requirement to other children on the bus. Under the regulation, the language requires that any child enrolled in a Head Start or Early Head Start program is seated in a child restraint system appropriate to the child’s height and weight while the vehicle is in motion. Comments related to the definition of child restraint systems are included above. No comments were received related to applicability of this requirement to other children on the bus. Paperwork Reduction Act This rulemaking contains information collection requirements in Sec. 1310.2. This summary includes the estimated costs and assumptions for the paperwork requirements related to this rule. These paperwork requirements have been approved by the Office of Management and Budget under number 0970–0260 as required by 44 U.S.C. 3507(a)(1)(c) of the Paperwork Reduction Act of 1995, as amended. Respondents are not required to respond to any collection of information unless it displays a current valid OMB control number. The Office of Head Start estimates that the rule would create 275 burden hours annually. Table 1 summarizes burden hours by grantee. We estimate 1 hour of paperwork burden for each Head Start grantee requesting a transportation waiver. The waiver request would include basic information to identify the grantee, the nature of the transportation services provided and the children affected and a justification for the waiver. We estimate receiving no more than 275 requests resulting in a total burden of 275 hours. E:\FR\FM\04OCR1.SGM 04OCR1 Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations legislation, and other policy statements or actions that have substantial direct effects on the States, or on the [Summary of All Burden Hours, by Provision, distribution of powers and for Grantees] responsibilities among the various Annualized levels of government.’’ This rule does Provision burden not have Federalism implications for hours State or local governments as defined in the Executive Order. 1310.2 ....................................... 275 Total ................................... 275 List of Subjects in 45 CFR Part 1310 TABLE 1.—TOTAL BURDEN HOURS OF RULE Regulatory Flexibility Analysis The Secretary certifies, under 5 U.S.C. 605(b), and enacted by the Regulatory Flexibility Act (Pub. L. 96–354), that this rule will not result in a significant impact on a substantial number of small entities. The regulation provides flexibility and clarity in meeting the Head Start transportation requirements while ensuring child safety. Regulatory Impact Analysis Executive Order 12866 requires that regulations be revised to ensure that they are consistent with the priorities and principles set forth in the Executive Order. The Department has determined that this rule is consistent with these priorities and principles. Unfunded Mandates Reform Act Section 202 of the Unfunded Mandates Reform Act 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 $100 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 $100 million in any one year. Assessment of Federal Regulations and Policies on Families erjones on PROD1PC72 with RULES Section 654 of the Treasury and General Government Appropriations Act of 1999 requires Federal agencies to determine whether a policy or regulation may 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. These regulations will not have an impact on family well being as defined in the legislation. Executive Order 13132 Executive Order 13132 on Federalism applies to policies that have Federalism implications, defined as ‘‘regulations, legislative comments or proposed VerDate Aug<31>2005 14:25 Oct 03, 2006 Jkt 211001 Head Start, Reporting and recordkeeping requirements, Transportation. (Catalog of Federal Domestic Assistance Program Number 93.600, Head Start) Wade F. Horn, Assistant Secretary for Children and Families. Michael O. Leavitt, Secretary of Health and Human Services. For the reasons discussed, title 45 CFR chapter XIII is amended as follows: I PART 1310—HEAD START TRANSPORTATION 1. The authority citation for part 1310 continues to read as follows: I Authority: 42 U.S.C. 9801 et seq. 2. Revise paragraphs (b) and (c) of § 1310.2 to read as follows: I § 1310.2 Applicability. * * * * * (b)(1) Sections 1310.12(a) and 1310.22(a) of this part are effective December 20, 2006. (2) This paragraph and paragraph (c) of this section, the definition of child restraint systems in Sec. 1310.3 of this part, and Sec. 1310.15(a) are effective November 1, 2006. Sections 1310.11 and 1310.15(c) of this part are effective June 21, 2004. Section 1310.12(b) of this part is effective February 20, 2001. All other provisions of this part are effective January 18, 2002. (c) Effective November 1, 2006, an agency may request a waiver of specific requirements of this part, except for the requirements of this paragraph. Requests for waivers must be made in writing to the responsible Health and Human Services (HHS) official, as part of an agency’s annual application for financial assistance or amendment thereto, based on good cause. ‘‘Good cause’’ for a waiver will exist when adherence to a requirement of this part would itself create a safety hazard in the circumstances faced by the agency, or when compliance with requirements related to child restraint systems (Secs. 1310.11, 1310.15(a)) or bus monitors (Sec. 1310.15(c)) will result in a significant disruption to the program and the agency demonstrates that PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 58535 waiving such requirements is in the best interest of the children involved. In addition, the responsible HHS official shall have the authority to grant waivers of the requirements related to child restraint systems (Sec. 1310.11, 1310.15(a)) or bus monitors (Sec. 1310.15(c)) that are retroactive to October 1, 2006 during the period from November 1, 2006 to October 30, 2007. The responsible HHS official is not authorized to waive any requirements of the Federal Motor Vehicle Safety Standards (FMVSS) made applicable to any class of vehicle under 49 CFR part 571. The responsible HHS official shall have the right to require such documentation as the official deems necessary in support of a request for a waiver. Approvals of waiver requests must be in writing, be signed by the responsible HHS official, and be based on good cause. I 2. Revise the definition of Child Restraint System in § 1310.3 to read as follows: § 310.3 Definitions. * * * * * Child Restraint System means any device designed to restrain, seat, or position children that meets the current requirements of Federal Motor Vehicle Safety Standard No. 213, Child Restraint Systems, 49 CFR 571.213, for children in the weight category established under the regulation, or any device designed to restrain, seat, or position children, other than a Type I seat belt as defined at 49 CFR 571.209, for children not in the weight category currently established by 49 CFR 571.213. * * * * * § 1310.11 [Amended] 3. In § 1310.11, remove and reserve paragraph (b). I § 1310.12 [Amended] 4. In § 1310.12, amend paragraph (a) by removing ‘‘January 18, 2006’’ and adding ‘‘December 30, 2006’’ in its place. I 5. Revise § 1310.15(a) and (c) to read as follows: I § 1310.15 Operation of vehicles. * * * * * (a) Effective October 1, 2006, on a vehicle equipped for use of such devices, any child enrolled in a Head Start or Early Head Start program is seated in a child restraint system appropriate to the child’s height and weight while the vehicle is in motion. (b) * * * (c) Effective June 21, 2004, there is at least one bus monitor on board at all E:\FR\FM\04OCR1.SGM 04OCR1 58536 Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations times, with additional bus monitors provided as necessary, such as when needed to accommodate the needs of children with disabilities. As provided in 45 CFR 1310.2(a), this paragraph does not apply to transportation services to children served under the home-based option for Head Start and Early Head Start. * * * * * § 1310.22 [Amended] FOR FURTHER INFORMATION CONTACT: 6. In § 1310.22, amend paragraph (a) by removing ‘‘January 18, 2006’’ and adding ‘‘December 30, 2006’’ in its place. I SUPPLEMENTARY INFORMATION: A. Background BILLING CODE 4184–01–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 205 and 225 RIN 0750–AF33 Defense Federal Acquisition Regulation Supplement; Berry Amendment Notification Requirement (DFARS Case 2006–D006) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Interim rule with request for comments. erjones on PROD1PC72 with RULES AGENCY: SUMMARY: DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 833(a) of the National Defense Authorization Act for Fiscal Year 2006. Section 833(a) requires the posting of a notice on the FedBizOps Internet site, when certain exceptions to domestic source requirements apply to an acquisition. DATES: Effective Date: October 4, 2006. Comment date: Comments on the interim rule should be submitted in writing to the address shown below on or before December 4, 2006, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2006–D006, using any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: dfars@osd.mil. Include DFARS Case 2006–D006 in the subject line of the message. • Fax: (703) 602–0350. • Mail: Defense Acquisition Regulations System, Attn: Ms. Amy 14:25 Oct 03, 2006 Jkt 211001 Ms. Amy Williams, (703) 602–0328. [FR Doc. E6–16488 Filed 10–3–06; 8:45 am] VerDate Aug<31>2005 Williams, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. • Hand Delivery/Courier: Defense Acquisition Regulations System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202–3402. Comments received generally will be posted without change to http:// www.regulations.gov, including any personal information provided. This interim rule adds DFARS policy to implement Section 833(a) of the National Defense Authorization Act for Fiscal Year 2006 (Pub. L. 109–163). Section 833(a) amended 10 U.S.C. 2533a to add a requirement for the posting of a notice on the FedBizOps Internet site, within 7 days after award of a contract exceeding the simplified acquisition threshold, for the acquisition of (1) certain clothing, fiber, yarn, or fabric items, when DoD has determined that adequate domestic items are not available; or (2) chemical warfare protective clothing, when an exception to domestic source requirements applies because the acquisition furthers an agreement with a qualifying country. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. Frm 00052 Fmt 4700 Sfmt 4700 List of Subjects in 48 CFR Parts 205 and 225 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 205 and 225 are amended as follows: I 1. The authority citation for 48 CFR parts 205 and 225 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 205—PUBLICIZING CONTRACT ACTIONS 2. Section 205.301 is added to read as follows: I DoD does not expect this rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule relates to a notification requirement that is performed by the Government. Therefore, DoD has not performed an initial regulatory flexibility analysis. DoD invites comments from small businesses and other interested parties. DoD also will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2006–D006. PO 00000 D. Determination to Issue an Interim Rule A determination has been made under the authority of the Secretary of Defense that urgent and compelling reasons exist to publish an interim rule prior to affording the public an opportunity to comment. This interim rule implements Section 833(a) of the National Defense Authorization Act for Fiscal Year 2006 (Pub. L. 109–163). Section 833(a) requires DoD to post a notice on the FedBizOps Internet site, within 7 days after award of a contract exceeding the simplified acquisition threshold, when DoD has applied one of certain exceptions to domestic source requirements with respect to the contract. Comments received in response to this interim rule will be considered in the formation of the final rule. 205.301 General. (a)(S–70) Synopsis of exceptions to domestic source requirements. (i) In accordance with 10 U.S.C. 2533a(k), contracting officers also must synopsize through the GPE, awards exceeding the simplified acquisition threshold that are for the acquisition of any clothing, fiber, yarn, or fabric items described in 225.7002–1(a)(2) through (10), if— (A) The Secretary concerned has determined that domestic items are not available, in accordance with 225.7002– 2(b); or (B) The acquisition is for chemical warfare protective clothing, and the contracting officer has determined that an exception to domestic source requirements applies because the acquisition furthers an agreement with a qualifying country, in accordance with 225.7002–2(p). (ii) The synopsis must be submitted in sufficient time to permit its publication E:\FR\FM\04OCR1.SGM 04OCR1

Agencies

[Federal Register Volume 71, Number 192 (Wednesday, October 4, 2006)]
[Rules and Regulations]
[Pages 58533-58536]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16488]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 1310

RIN 0970-AC26


Head Start Program

AGENCY: Administration for Children and Families (ACF), DHHS.

ACTION: Final rule.

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SUMMARY: This rule finalizes the provisions of the proposed rule 
published on May 30, 2006 and responds to public comments received as a 
result of the proposed rule. This final rule authorizes approval of 
annual waivers, under certain circumstances, from two provisions in the 
current Head Start transportation regulation (45 CFR part 1310): the 
requirement that each child be seated in a child restraint system while 
the vehicle is in motion, and the requirement that each bus have at 
least one bus monitor on board at all times. Waivers would be granted 
when the Head Start or Early Head Start grantee demonstrates that 
compliance with the requirement(s) for which the waiver is being sought 
will result in a significant disruption to the Head Start program or 
the Early Head Start program and that waiving the requirement(s) is in 
the best interest of the children involved. The rule also revises the 
definition of child restraint system in the regulation to remove the 
reference to weight which now conflicts with Federal Motor Vehicle 
Safety Standards.
    The regulation also reflects new effective dates for Sec. 
1310.12(a) and 1310.22(a) on the required use of school buses or 
allowable alternate vehicles and the required availability of such 
vehicles adapted for use of children with disabilities, as the result 
of enactment of Section 224 of Public Law 109-149 and Section 7012 of 
Public Law 109-234.

DATES: These rules are effective November 3, 2006, except sections 
1310.12(a) and 1310.22(a) will become effective on December 30, 2006.

FOR FURTHER INFORMATION CONTACT: Office of Head Start, (202) 205-8572. 
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: On December 30, 2005, the President signed 
Public Law 109-149 that included in Section 223 a provision that 
authorizes the Secretary of Health and Human Services to waive the 
requirements of regulations promulgated under the Head Start Act (42 
U.S.C. 9831 et seq.) pertaining to child restraint systems or vehicle 
monitors if the Head Start or Early Head Start agency can demonstrate 
that compliance with such requirements will result in a significant 
disruption to the program and that waiving the requirement is in the 
best interest of the children involved. This waiver authority extends 
until September 30, 2006, or the date of the enactment of a statute 
that authorizes appropriations for fiscal year 2006 to carry out the 
Head Start Act, whichever date is earlier. These rules extend that 
limited waiver authority indefinitely.
    The rules also provide a definition of child restraint system in 
the Head Start regulations and codify in Head Start regulations the 
requirement for use of child restraint systems to reflect current 
National Highway Traffic Safety Administration (NHTSA) regulations with 
flexibility to address any future changes in the weight range covered 
by the NHTSA regulation. NHTSA is the agency responsible for issuing 
Federal Motor Vehicle Safety Standards.
    Finally, this rule removes provisions added to section 1310.11(b) 
and 1310.15(c) that are no longer necessary.

Summary Description of Regulatory Provisions and Response to Comments

Section 1310.2--Waiver Authority and Effective Dates

    The regulation provides that effective November 1, 2006, ``good 
cause'' for a waiver would exist when adherence to a requirement of the 
Head Start transportation regulation would create a safety hazard in 
the circumstances faced by the agency, or when compliance with 
requirements related to child restraint systems (Secs. 1310.11 and 
1310.15(a)) or the use of bus monitors (Sec. 1310.15(c) would result in 
a significant disruption to the program and the grantee can demonstrate 
that waiving such requirements would be in the best interest of the 
children involved. We are using the November 1, 2006 effective date in 
recognition that the rule will not be effective until 30 days from the 
date of publication. In concert with this change, we also have added 
language under this section to ensure there is no gap in waivers 
between October 1, 2006 and November 1, 2006. That language provides 
that the responsible HHS official has authority to grant waivers 
related to child restraint systems or bus monitors that are retroactive 
to October 1, 2006, during the period from November 1, 2006 to October 
30, 2007.
    The regulation also provides that the effective date of Sec. 
1310.12(a) and 1310.22(a) is December 30, 2006, reflecting enactment of 
section 224 of Public Law 109-149, which provides Sec. 1310.12(a) of 
title 45 of the Code of Federal Regulations (October 1, 2004) shall not 
be effective until June 30, 2006, or 60 days after the date of the 
enactment of a statute that authorizes appropriations for fiscal year 
2006 to carry out the Head Start Act, whichever date is earlier and 
subsequent enactment of Section 7021 of Public

[[Page 58534]]

Law 109-234 extending this date to December 30, 2006. In the event that 
legislation authorizing appropriations for fiscal year 2006 to carry 
out the Head Start Act is enacted before November 1, 2006, a notice 
informing the public of the new effective date of Sections 
1310.2(b)(1), 1310.12(a) and 1310.22(a) will be issued.

Comment

    The majority of comments received support the proposed change to 
the waiver authority in the regulation. Concern over the potential loss 
of partnerships with school districts and loss of transportation 
services for Head Start children were cited. Over half expressed 
support for both bus monitor and child restraint system exceptions. 
Some letters also described circumstances related to one or the other 
of the two requirements. Two commenters suggested waivers be approved 
for a period exceeding one year. In addition, two Head Start agencies 
perceived the notice of proposed rulemaking as an opportunity to submit 
waiver requests.
    Three respondents indicated opposition to this change and instead 
suggested eliminating the requirements altogether so waivers would not 
be needed. One commenter opposed the change based on concern that Head 
Start will lose ground in providing safe transportation services for 
young children. A child restraint manufacturer described the 
availability of child restraint systems designed specifically for use 
in school buses and allowable alternate vehicles that have come on the 
market in recent years. One commenter expressed opposition based on 
concerns for safety, and another said that enough time had passed since 
the regulation was published that all Head Start programs should now 
achieve full compliance.

Response

    The Administration for Children and Families (ACF) agrees with the 
need to provide a mechanism to address the circumstances faced by 
individual agencies related to these issues. We maintain the view that 
the opportunity for annual authority is necessary in order to keep pace 
with changes in the industry and communities. Agencies should 
continuously seek opportunities to come into full compliance with 
support from the Head Start Technical Assistance system. In response to 
the concern that more agencies will request waivers, agencies will be 
required to justify their requests and to describe efforts toward 
achieving the goal of full compliance. ACF will publish guidance 
related to the circumstances under which requests will be approved. 
Except in extreme circumstances, those agencies who have previously 
achieved compliance will not receive waivers.

Definition and Requirements for Use of Child Restraint Systems

    This rule also updates and modifies the definition and requirements 
for use of child restraint systems. Under Sec. 1310.3, child restraint 
systems were defined as any device designed to restrain, seat, or 
position children who weigh 50 pounds or less which meets the 
requirements of Federal Motor Vehicle Safety Standard No. 213, Child 
Restraint Systems, 49 CFR 571.213. NHTSA raised the weight threshold 
required for approved restraint systems and is considering raising it 
yet again. In addition, discussions with NHTSA indicate it would be 
advisable to include a formal reference to the exclusion of Type I lap 
belts for small children. Therefore, we have updated the definition by 
removing the weight requirement in order to stay current with FMVSS 49 
CFR 571.213, and to exclude Type I lap belts as defined at 49 CFR 
571.209.

Comment

    One commenter expressed appreciation for the Agency's proposal to 
update the definition of child restraint system, but notes the improved 
definition will have no meaningful effect if the restraint requirements 
are waived. One Head Start grantee expressed dismay that funding is not 
available to purchase more child restraint systems for those children 
who will require these systems under the revised definition.

Response

    We believe the improved definition will impact Head Start 
transportation services and therefore children positively. Agencies 
that may request and receive waiver approvals are the exception. With 
regard to funding, we wish to note that since publication of the NPRM a 
considerable amount of money has been made available to grantees to 
achieve compliance with the child restraint system and bus monitor 
requirements.

Section 1310.15--Operation of Vehicles

    Section 1310.15(a) of the regulation provided that each agency 
providing transportation services must ensure that, ``On a vehicle 
equipped for use of such devices, any child weighing 50 pounds or less 
is seated in a child restraint system appropriate to the height and 
weight of the child while the vehicle is in motion.'' As discussed 
earlier, the definition of the child restraint system is being updated 
to reflect FMVSS standards. We have removed the poundage reference to 
include those few Head Start and Early Head Start children who are over 
50 pounds in the requirement for the use of child restraint systems to 
coincide with the change in the definition.
    We also revised the language to clarify that the regulation applies 
only to Head Start and Early Head Start enrolled children. In 
coordinated transportation arrangements, questions have been raised 
regarding the applicability of this requirement to other children on 
the bus. Under the regulation, the language requires that any child 
enrolled in a Head Start or Early Head Start program is seated in a 
child restraint system appropriate to the child's height and weight 
while the vehicle is in motion.
    Comments related to the definition of child restraint systems are 
included above. No comments were received related to applicability of 
this requirement to other children on the bus.

Paperwork Reduction Act

    This rulemaking contains information collection requirements in 
Sec. 1310.2. This summary includes the estimated costs and assumptions 
for the paperwork requirements related to this rule. These paperwork 
requirements have been approved by the Office of Management and Budget 
under number 0970-0260 as required by 44 U.S.C. 3507(a)(1)(c) of the 
Paperwork Reduction Act of 1995, as amended. Respondents are not 
required to respond to any collection of information unless it displays 
a current valid OMB control number.
    The Office of Head Start estimates that the rule would create 275 
burden hours annually. Table 1 summarizes burden hours by grantee. We 
estimate 1 hour of paperwork burden for each Head Start grantee 
requesting a transportation waiver. The waiver request would include 
basic information to identify the grantee, the nature of the 
transportation services provided and the children affected and a 
justification for the waiver. We estimate receiving no more than 275 
requests resulting in a total burden of 275 hours.

[[Page 58535]]



                  Table 1.--Total Burden Hours of Rule
        [Summary of All Burden Hours, by Provision, for Grantees]
------------------------------------------------------------------------
                                                              Annualized
                         Provision                              burden
                                                                hours
------------------------------------------------------------------------
1310.2.....................................................          275
    Total..................................................          275
------------------------------------------------------------------------

Regulatory Flexibility Analysis

    The Secretary certifies, under 5 U.S.C. 605(b), and enacted by the 
Regulatory Flexibility Act (Pub. L. 96-354), that this rule will not 
result in a significant impact on a substantial number of small 
entities. The regulation provides flexibility and clarity in meeting 
the Head Start transportation requirements while ensuring child safety.

Regulatory Impact Analysis

    Executive Order 12866 requires that regulations be revised to 
ensure that they are consistent with the priorities and principles set 
forth in the Executive Order. The Department has determined that this 
rule is consistent with these priorities and principles.

Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act 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 $100 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 
$100 million in any one year.

Assessment of Federal Regulations and Policies on Families

    Section 654 of the Treasury and General Government Appropriations 
Act of 1999 requires Federal agencies to determine whether a policy or 
regulation may 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. These regulations will 
not have an impact on family well being as defined in the legislation.

Executive Order 13132

    Executive Order 13132 on Federalism applies to policies that have 
Federalism implications, defined as ``regulations, legislative comments 
or proposed legislation, and other policy statements or actions that 
have substantial direct effects on the States, or on the distribution 
of powers and responsibilities among the various levels of 
government.'' This rule does not have Federalism implications for State 
or local governments as defined in the Executive Order.

List of Subjects in 45 CFR Part 1310

    Head Start, Reporting and recordkeeping requirements, 
Transportation.

(Catalog of Federal Domestic Assistance Program Number 93.600, Head 
Start)

Wade F. Horn,
Assistant Secretary for Children and Families.
Michael O. Leavitt,
Secretary of Health and Human Services.

0
For the reasons discussed, title 45 CFR chapter XIII is amended as 
follows:

PART 1310--HEAD START TRANSPORTATION

0
1. The authority citation for part 1310 continues to read as follows:

     Authority: 42 U.S.C. 9801 et seq.


0
2. Revise paragraphs (b) and (c) of Sec.  1310.2 to read as follows:


Sec.  1310.2  Applicability.

* * * * *
    (b)(1) Sections 1310.12(a) and 1310.22(a) of this part are 
effective December 20, 2006.
    (2) This paragraph and paragraph (c) of this section, the 
definition of child restraint systems in Sec. 1310.3 of this part, and 
Sec. 1310.15(a) are effective November 1, 2006. Sections 1310.11 and 
1310.15(c) of this part are effective June 21, 2004. Section 1310.12(b) 
of this part is effective February 20, 2001. All other provisions of 
this part are effective January 18, 2002.
    (c) Effective November 1, 2006, an agency may request a waiver of 
specific requirements of this part, except for the requirements of this 
paragraph. Requests for waivers must be made in writing to the 
responsible Health and Human Services (HHS) official, as part of an 
agency's annual application for financial assistance or amendment 
thereto, based on good cause. ``Good cause'' for a waiver will exist 
when adherence to a requirement of this part would itself create a 
safety hazard in the circumstances faced by the agency, or when 
compliance with requirements related to child restraint systems (Secs. 
1310.11, 1310.15(a)) or bus monitors (Sec. 1310.15(c)) will result in a 
significant disruption to the program and the agency demonstrates that 
waiving such requirements is in the best interest of the children 
involved. In addition, the responsible HHS official shall have the 
authority to grant waivers of the requirements related to child 
restraint systems (Sec. 1310.11, 1310.15(a)) or bus monitors (Sec. 
1310.15(c)) that are retroactive to October 1, 2006 during the period 
from November 1, 2006 to October 30, 2007. The responsible HHS official 
is not authorized to waive any requirements of the Federal Motor 
Vehicle Safety Standards (FMVSS) made applicable to any class of 
vehicle under 49 CFR part 571. The responsible HHS official shall have 
the right to require such documentation as the official deems necessary 
in support of a request for a waiver. Approvals of waiver requests must 
be in writing, be signed by the responsible HHS official, and be based 
on good cause.

0
2. Revise the definition of Child Restraint System in Sec.  1310.3 to 
read as follows:


Sec.  310.3  Definitions.

* * * * *
    Child Restraint System means any device designed to restrain, seat, 
or position children that meets the current requirements of Federal 
Motor Vehicle Safety Standard No. 213, Child Restraint Systems, 49 CFR 
571.213, for children in the weight category established under the 
regulation, or any device designed to restrain, seat, or position 
children, other than a Type I seat belt as defined at 49 CFR 571.209, 
for children not in the weight category currently established by 49 CFR 
571.213.
* * * * *


Sec.  1310.11  [Amended]

0
3. In Sec.  1310.11, remove and reserve paragraph (b).


Sec.  1310.12  [Amended]

0
4. In Sec.  1310.12, amend paragraph (a) by removing ``January 18, 
2006'' and adding ``December 30, 2006'' in its place.

0
5. Revise Sec.  1310.15(a) and (c) to read as follows:


Sec.  1310.15  Operation of vehicles.

* * * * *
    (a) Effective October 1, 2006, on a vehicle equipped for use of 
such devices, any child enrolled in a Head Start or Early Head Start 
program is seated in a child restraint system appropriate to the 
child's height and weight while the vehicle is in motion.
    (b) * * *
    (c) Effective June 21, 2004, there is at least one bus monitor on 
board at all

[[Page 58536]]

times, with additional bus monitors provided as necessary, such as when 
needed to accommodate the needs of children with disabilities. As 
provided in 45 CFR 1310.2(a), this paragraph does not apply to 
transportation services to children served under the home-based option 
for Head Start and Early Head Start.
* * * * *


Sec.  1310.22  [Amended]

0
6. In Sec.  1310.22, amend paragraph (a) by removing ``January 18, 
2006'' and adding ``December 30, 2006'' in its place.

 [FR Doc. E6-16488 Filed 10-3-06; 8:45 am]
BILLING CODE 4184-01-P