State Parent Locator Service; Safeguarding Child Support Information: Proposed Delay of Effective Date, 17445-17446 [E9-8542]

Download as PDF rwilkins on PROD1PC63 with PROPOSALS Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Proposed Rules (TWIC)—Reader Requirements.’’ In it we stated our intention to hold a public meeting, and to publish a notice announcing the location and date. 74 FR 13360. On April 9, 2009, we published a notice announcing the date for that meeting, and that it would be held in the Washington DC area. 74 FR 16161. This document is the notice of the exact location for that meeting. In the ANPRM, we discuss the United States Coast Guard’s preliminary thoughts on potential requirements for owners and operators of certain vessels and facilities regulated by the Coast Guard under 33 CFR chapter I, subchapter H, for use of electronic readers designed to work with TWICs as an access control measure. It discusses additional potential requirements associated with TWIC readers, such as recordkeeping requirements for those owners or operators required to use an electronic reader, and amendments to security plans previously approved by the Coast Guard to incorporate TWIC requirements. This rulemaking action, once final, would enhance the security of ports and vessels by ensuring that only persons who hold valid TWICs are granted unescorted access to secure areas on vessels and port facilities. It would also complete the implementation of the Maritime Transportation Security Act of 2002 transportation security card requirement, as well as the requirements of the Security and Accountability for Every Port Act of 2006, for regulations on electronic readers for use with Transportation Worker Identification Credentials. You may view the ANPRM in our online docket, and comments submitted thus far by going to http:// www.regulations.gov. Once there, select the Advanced Docket Search option on the right side of the screen, insert USCG–2007–28915 in the Docket ID box, press Enter, and then click on the item in the Docket ID column. If you do not have access to the Internet, you may view the docket in person by visiting the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. We encourage you to participate in this rulemaking by submitting comments either orally at the meeting or in writing. If you bring written comments to the meeting, you may submit them to Coast Guard personnel VerDate Nov<24>2008 16:43 Apr 14, 2009 Jkt 217001 specified at the meeting to receive written comments. These comments will be submitted to our online public docket. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008 issue of the Federal Register (73 FR 3316). Information on Service for Individuals With Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the public meeting, contact LCDR Maiorine at the telephone number or e-mail address indicated under the FOR FURTHER INFORMATION CONTACT section of this notice. Public Meeting The Coast Guard will hold a public meeting regarding its Transportation Worker Identification Credential (TWIC)—Reader Requirements ANPRM on Wednesday, May 6, 2009 from 9 a.m. until 5 p.m. at The Sheraton Crystal City Hotel, 1800 Jefferson Davis Highway, Arlington, Virginia 22202. The meeting may end early if all comments are received prior to 5 p.m. We plan to have a transcript of the meeting available on our online docket soon after the public meeting. For details on the hotel and surrounding area, including directions, you may visit The Sheraton Crystal City Hotel Web site, http:// www.sheraton.com/crystalcity. The hotel is metro accessible and provides shuttle service from Reagan National Airport. Additionally, self and valet parking is available in the hotel’s parking garage at a daily rate. There is also metered parking along the street outside of the hotel. Dated: April 10, 2009. Mark E. Hammond, Commander, U.S. Coast Guard, Acting Chief, Ports and Facilities Activities. [FR Doc. E9–8606 Filed 4–14–09; 8:45 am] BILLING CODE 4910–15–P PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 17445 DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families 45 CFR Parts 302, 303, and 307 RIN 0970–AC01 State Parent Locator Service; Safeguarding Child Support Information: Proposed Delay of Effective Date AGENCY: Administration for Children and Families (ACF), Department of Heath and Human Services. ACTION: Proposed delay of effective date. SUMMARY: In accordance with the Memorandum of January 20, 2009, from the Assistant to the President and Chief of Staff entitled ‘‘Regulatory Review’’ [74 FR 4435], the Department published a document in the Federal Register on March 3, 2009 [74 FR 9171], seeking public comment on a contemplated delay of 60 days in the effective date of the rule entitled ‘‘State Parent Locator Service; Safeguarding Child Support Information,’’ published in the Federal Register on September 26, 2008 [73 FR 56422]. That rule addresses requirements for State Parent Locator Service responses to authorized location requests, State IV–D program safeguarding of confidential information, authorized disclosures of this information, and restrictions on the use of confidential data and information for child support purposes with exceptions for certain disclosures permitted by statute. In response to comments, the Department issued a document March 20, 2009 [74 FR 11880] delaying the effective date of the rule by 60 days until May 22, 2009, in order to permit officials of the new Administration an opportunity to review and approve the policies in the regulation. The Department is currently reviewing questions of law and policy raised by the rule. However, based upon the review that has been conducted to date and the nature of the comments received in response to the March 3, 2009 document, it appears that further revisions to the final rule may be warranted in one or more areas. In response to these comments and in order to afford officials an opportunity to review and consider further the provisions of the September 26, 2008 final rule, the Department is considering delaying the effective date to December 30, 2010. E:\FR\FM\15APP1.SGM 15APP1 17446 Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Proposed Rules The Department solicits comments specifically on the contemplated delay in effective date. DATES: Comments must be received on or before May 5, 2009. ADDRESSES: You may submit comments by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Interested persons are invited to submit written comments via regular postal mail to: Office of Child Support Enforcement, Administration for Children and Families, 370 L’Enfant Promenade, SW., 4th floor, Washington, DC 20447, Attention: Division of Policy; Mail Stop: ACF/OCSE/DP. FOR FURTHER INFORMATION CONTACT: Yvette Riddick, Office of Child Support Enforcement, Division of Policy, (202) 401–4885. SUPPLEMENTARY INFORMATION: rwilkins on PROD1PC63 with PROPOSALS I. Background On September 26, 2008, a final rule following notice and comment period entitled ‘‘State Parent Locator Service; Safeguarding Child Support Information’’ [73 FR 56422], was published in the Federal Register to address requirements for State Parent Locator Service, State IV–D program safeguarding and authorized disclosure of confidential information, and restrictions on the use of confidential data and information for child support purposes with exceptions for certain disclosures permitted by statute. The effective date given for the final rule was March 23, 2009. In accordance with the Memorandum of January 20, 2009, from the Assistant to the President and Chief of Staff entitled ‘‘Regulatory Review’’ [74 FR 4435], on March 3, 2009, we published a notice in the Federal Register [74 FR 9171] on a contemplated delay of 60 days in the effective date of the safeguarding. In response to comments, the Department issued a subsequent VerDate Nov<24>2008 16:43 Apr 14, 2009 Jkt 217001 notice on March 20, 2009 [74 FR 11880] delaying the effective date of the September 26, 2008 final rule for 60 days until May 22, 2009, in order to permit officials of the new Administration an opportunity to review and approve the policies in the regulation. We now believe additional time is needed for Department officials to complete their review of the rule and to assess fully the comments received in response to the March 3, 2009 notice. Although the Notice invited comments generally on whether a delay in effective date was needed ‘‘to allow Department officials the opportunity for further review and consideration,’’ it also generated focused comments recommending changes to several particular substantive areas of the final rule. In addition to supporting a delay in the effective date, the commenters raised a number of serious questions that warrant further consideration by the Administration. For example, one commenter indicated that the final rule appeared to prohibit the State IV–D agency from disclosing confidential information, such as child support payment records to other State agencies, including the State food assistance (Food Stamps) program and the State revenue (Tax) program. Another commenter stated that a delay in the effective date would give the Administration an opportunity to conduct a review of the child welfare data exchange provisions of the rule to ensure that the provisions of the rule conform with The Fostering Connections to Success and Increasing Adoptions Act (Pub. L. 110–351), signed into law on October 7, 2008, after the rule was finalized. Several commenters raised specific policy objections to the September 26, 2008 final rule including concerns about the rules for disclosure of confidential location information. Another commenter stated that the regulations PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 need to be reviewed and revised to assure significantly greater protection of that information from use for non-child support purposes. Additionally, a number of commenters focused on the disclosure of information to an ‘‘agent of a child’’ and raised concerns that some private collection agencies may not actually serve the child’s best interests and raised concerns that these private entities are not subject to ethics and confidentiality rules such as those governing State agencies and attorneys and there may be unintended adverse consequences of such disclosures. Department officials need time to complete their review of the policies contained in the September 26, 2008, final rule and to consider fully the concerns raised by commenters. Should Department officials determine that it is necessary and appropriate to make any changes to the provisions of the September 26, 2008, final rule, HHS will provide the public with notice of and an opportunity to comment on any proposed changes. Accordingly, we are considering delaying the effective date of the September 26, 2008, final rule until December 30, 2010. II. Provisions of This Action The contemplated delay in the effective date would give Department officials the opportunity for further review of the issues of law and policy raised by the rule. The Department is inviting comments on the contemplated extension of the effective date of the regulation to December 30, 2010. (Catalog of Federal Domestic Assistance Program No. 93.563, Child Support Enforcement) Dated: April 9, 2009. Charles E. Johnson, Acting Secretary. [FR Doc. E9–8542 Filed 4–10–09; 11:15 am] BILLING CODE E:\FR\FM\15APP1.SGM 15APP1

Agencies

[Federal Register Volume 74, Number 71 (Wednesday, April 15, 2009)]
[Proposed Rules]
[Pages 17445-17446]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8542]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Parts 302, 303, and 307

RIN 0970-AC01


State Parent Locator Service; Safeguarding Child Support 
Information: Proposed Delay of Effective Date

AGENCY: Administration for Children and Families (ACF), Department of 
Heath and Human Services.

ACTION: Proposed delay of effective date.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Memorandum of January 20, 2009, from 
the Assistant to the President and Chief of Staff entitled ``Regulatory 
Review'' [74 FR 4435], the Department published a document in the 
Federal Register on March 3, 2009 [74 FR 9171], seeking public comment 
on a contemplated delay of 60 days in the effective date of the rule 
entitled ``State Parent Locator Service; Safeguarding Child Support 
Information,'' published in the Federal Register on September 26, 2008 
[73 FR 56422]. That rule addresses requirements for State Parent 
Locator Service responses to authorized location requests, State IV-D 
program safeguarding of confidential information, authorized 
disclosures of this information, and restrictions on the use of 
confidential data and information for child support purposes with 
exceptions for certain disclosures permitted by statute. In response to 
comments, the Department issued a document March 20, 2009 [74 FR 11880] 
delaying the effective date of the rule by 60 days until May 22, 2009, 
in order to permit officials of the new Administration an opportunity 
to review and approve the policies in the regulation.
    The Department is currently reviewing questions of law and policy 
raised by the rule. However, based upon the review that has been 
conducted to date and the nature of the comments received in response 
to the March 3, 2009 document, it appears that further revisions to the 
final rule may be warranted in one or more areas. In response to these 
comments and in order to afford officials an opportunity to review and 
consider further the provisions of the September 26, 2008 final rule, 
the Department is considering delaying the effective date to December 
30, 2010.

[[Page 17446]]

    The Department solicits comments specifically on the contemplated 
delay in effective date.

DATES: Comments must be received on or before May 5, 2009.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Interested persons are invited to submit written 
comments via regular postal mail to: Office of Child Support 
Enforcement, Administration for Children and Families, 370 L'Enfant 
Promenade, SW., 4th floor, Washington, DC 20447, Attention: Division of 
Policy; Mail Stop: ACF/OCSE/DP.

FOR FURTHER INFORMATION CONTACT: Yvette Riddick, Office of Child 
Support Enforcement, Division of Policy, (202) 401-4885.

SUPPLEMENTARY INFORMATION:

I. Background

    On September 26, 2008, a final rule following notice and comment 
period entitled ``State Parent Locator Service; Safeguarding Child 
Support Information'' [73 FR 56422], was published in the Federal 
Register to address requirements for State Parent Locator Service, 
State IV-D program safeguarding and authorized disclosure of 
confidential information, and restrictions on the use of confidential 
data and information for child support purposes with exceptions for 
certain disclosures permitted by statute. The effective date given for 
the final rule was March 23, 2009.
    In accordance with the Memorandum of January 20, 2009, from the 
Assistant to the President and Chief of Staff entitled ``Regulatory 
Review'' [74 FR 4435], on March 3, 2009, we published a notice in the 
Federal Register [74 FR 9171] on a contemplated delay of 60 days in the 
effective date of the safeguarding. In response to comments, the 
Department issued a subsequent notice on March 20, 2009 [74 FR 11880] 
delaying the effective date of the September 26, 2008 final rule for 60 
days until May 22, 2009, in order to permit officials of the new 
Administration an opportunity to review and approve the policies in the 
regulation.
    We now believe additional time is needed for Department officials 
to complete their review of the rule and to assess fully the comments 
received in response to the March 3, 2009 notice. Although the Notice 
invited comments generally on whether a delay in effective date was 
needed ``to allow Department officials the opportunity for further 
review and consideration,'' it also generated focused comments 
recommending changes to several particular substantive areas of the 
final rule. In addition to supporting a delay in the effective date, 
the commenters raised a number of serious questions that warrant 
further consideration by the Administration.
    For example, one commenter indicated that the final rule appeared 
to prohibit the State IV-D agency from disclosing confidential 
information, such as child support payment records to other State 
agencies, including the State food assistance (Food Stamps) program and 
the State revenue (Tax) program. Another commenter stated that a delay 
in the effective date would give the Administration an opportunity to 
conduct a review of the child welfare data exchange provisions of the 
rule to ensure that the provisions of the rule conform with The 
Fostering Connections to Success and Increasing Adoptions Act (Pub. L. 
110-351), signed into law on October 7, 2008, after the rule was 
finalized.
    Several commenters raised specific policy objections to the 
September 26, 2008 final rule including concerns about the rules for 
disclosure of confidential location information. Another commenter 
stated that the regulations need to be reviewed and revised to assure 
significantly greater protection of that information from use for non-
child support purposes.
    Additionally, a number of commenters focused on the disclosure of 
information to an ``agent of a child'' and raised concerns that some 
private collection agencies may not actually serve the child's best 
interests and raised concerns that these private entities are not 
subject to ethics and confidentiality rules such as those governing 
State agencies and attorneys and there may be unintended adverse 
consequences of such disclosures.
    Department officials need time to complete their review of the 
policies contained in the September 26, 2008, final rule and to 
consider fully the concerns raised by commenters. Should Department 
officials determine that it is necessary and appropriate to make any 
changes to the provisions of the September 26, 2008, final rule, HHS 
will provide the public with notice of and an opportunity to comment on 
any proposed changes. Accordingly, we are considering delaying the 
effective date of the September 26, 2008, final rule until December 30, 
2010.

II. Provisions of This Action

    The contemplated delay in the effective date would give Department 
officials the opportunity for further review of the issues of law and 
policy raised by the rule. The Department is inviting comments on the 
contemplated extension of the effective date of the regulation to 
December 30, 2010.

(Catalog of Federal Domestic Assistance Program No. 93.563, Child 
Support Enforcement)

    Dated: April 9, 2009.
Charles E. Johnson,
Acting Secretary.
 [FR Doc. E9-8542 Filed 4-10-09; 11:15 am]
BILLING CODE