Technical Regulation: Removal of Child Abuse and Neglect Prevention and Treatment Act Implementing Regulations, 16577-16579 [2015-07238]
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16577
Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations
2. In § 711.6, in Table 2 of paragraph
(b)(2)(iv), the following CASRN
numbers are removed as set forth below.
■
PART 711—TSCA CHEMICAL DATA
REPORTING REQUIREMENTS
1. The authority citation for part 711
continues to read as follows:
■
Authority: 15 U.S.C. 2607(a).
§ 711.6 Chemical substances for which
information is not required.
*
*
*
(b) * * *
(2) * * *
(iv) * * *
*
*
TABLE 2—CASRN OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES
CASRN
Chemical
*
*
*
61788–61–2 .................................................................
*
Fatty acids, tallow, Me esters.
*
*
*
67762–26–9 .................................................................
67762–38–3 .................................................................
67784–80–9 .................................................................
*
*
*
129828–16–6 ...............................................................
515152–40–6. ..............................................................
*
*
*
*
*
*
Fatty acids, C14–18 and C16–18-unsatd., Me esters.
Fatty acids, C16–18 and C–18-unsatd., Me esters.
Soybean oil, Me esters.
*
*
*
Fatty acids, canola oil, Me esters
Fatty acids, corn oil, Me esters.
*
*
*
*
*
*
*
*
*
800 to title 45, Code of Federal
Regulations, to read as follows:’’
OFFICE OF PERSONNEL
MANAGEMENT
[FR Doc. 2015–06933 Filed 3–27–15; 8:45 am]
BILLING CODE 6560–50–P
U.S. Office of Personnel Management.
Steve Hickman,
Regulatory Affairs, Office of the Executive
Secretariat.
45 CFR Part 800
DEPARTMENT OF THE INTERIOR
RIN 3206–AN12
Bureau of Land Management
Patient Protection and Affordable Care
Act; Establishment of the Multi-State
Plan Program for the Affordable
Insurance Exchanges; Correction
[FR Doc. 2015–07330 Filed 3–26–15; 4:15 pm]
Office of Personnel
Management.
ACTION: Final rule; correction.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
43 CFR Part 3160
[LLWO300000 L13100000.PP0000 14X]
AGENCY:
RIN 1004–AE26
Oil and Gas; Hydraulic Fracturing on
Federal and Indian Lands
Correction
In rule document 2015–06658,
appearing on pages 16128–16222, in the
Issue of March 26, 2015, make the
following corrections:
§ 3162.3–3 Subsequent well operations;
Hydraulic fracturing. [Corrected]
asabaliauskas on DSK5VPTVN1PROD with RULES
1. On page 16218, in § 3162.3–3 (a)(5),
in the table in the first column, in the
fifth row, the entry ‘‘(5) Authorized
drilling operations were completed after
September 22, 2015.’’ should read ‘‘(5)
Authorized drilling operations were
completed after December 26, 2014.’’
2. On the same page, in § 3162.3–3, in
the same table, in the first column, in
the sixth row, the entry ‘‘(6) Authorized
drilling activities were completed before
September 22, 2015’’ should read ‘‘(6)
Authorized drilling activities were
completed before December 26, 2014.’’
[FR Doc. C1–2015–06658 Filed 3–26–15; 4:15 pm]
BILLING CODE 1505–01–D
VerDate Sep<11>2014
22:39 Mar 27, 2015
Jkt 235001
The Office of Personnel
Management (OPM) is correcting a final
rule that appeared in the Federal
Register of February 24, 2015 (80 FR
9649). The document implementing
modifications to the Multi-State Plan
(MSP) Program based on the experience
of the Program to date.
DATES: Effective March 26, 2015.
FOR FURTHER INFORMATION CONTACT:
Cameron Stokes by telephone at (202)
606–2128, by FAX at (202) 606–4430, or
by email at mspp@opm.gov.
SUPPLEMENTARY INFORMATION: In FR Doc.
2015–03421, appearing on page 9649 in
the Federal Register of Tuesday,
February 24, 2015, the following
corrections are made:
1. On page 9655, in the third column,
the heading ‘‘List of Subjects in 5 CFR
part 800’’ is revised to read, ‘‘List of
Subjects in 45 CFR part 800.’’
2. On page 9655, in the third column,
the last paragraph should be revised to
read:
‘‘Accordingly, the U.S. Office of
Personnel Management is revising part
SUMMARY:
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BILLING CODE 6325–64–P
Administration for Children and
Families
45 CFR Part 1340
Technical Regulation: Removal of
Child Abuse and Neglect Prevention
and Treatment Act Implementing
Regulations
Children’s Bureau,
Administration on Children, Youth and
Families, Administration for Children
and Families, Department of Health and
Human Services (HHS).
ACTION: Final rule.
AGENCY:
The Administration for
Children and Families is removing the
Child Abuse Prevention and Treatment
Act (CAPTA) regulations in their
entirety. These regulations no longer
apply to the CAPTA programs they were
originally designed to implement
because of major legislative changes to
CAPTA since the regulations were
issued.
SUMMARY:
DATES:
This rule is effective June 29,
2015.
E:\FR\FM\30MRR1.SGM
30MRR1
16578
Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Kathleen McHugh, Director of Policy,
Children’s Bureau, Administration on
Children, Youth and Families, (202)
401–5789 or by email at
kathleen.mchugh@acf.hhs.gov. Do not
email comments to this address.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK5VPTVN1PROD with RULES
Statutory Authority
This final rule is published under the
authority granted to the Secretary of the
Department of Health and Human
Services by 42 U.S.C. 5101, et seq.
In accordance with the
Administrative Procedure Act (5 U.S.C.
553), it is the practice of the Secretary
to offer interested parties the
opportunity to comment on proposed
regulations. However, these regulations
merely reflect statutory changes and
remove unnecessary and obsolete
regulatory provisions. Removal of the
regulations does not establish or affect
substantive policy. Therefore, the
Secretary has determined, pursuant to 5
U.S.C. 553(b)(B), that public comment is
unnecessary and contrary to the public
interest.
Background
There have been major and extensive
legislative changes to CAPTA since the
CAPTA regulations in 45 CFR part 1340
were issued in 1983 and updated in
1990. The regulations provided
guidance to States to implement CAPTA
programs that were in effect prior to
1996. These programs changed
significantly beginning with the Child
Abuse Prevention and Treatment Act
Amendments of 1996. This CAPTA
reauthorization overhauled the CAPTA
state grant program, including the
program authorizations for
appropriations, making the regulations
obsolete. Later, CAPTA reauthorizations
also amended the State grant program in
section 106 of CAPTA, making the
regulations outdated since they do not
include all of the CAPTA state grant
program requirements contained in the
law.
Furthermore, Section 6 of the
President’s Executive Order 13563 of
January 18, 2011 called for retrospective
analyses of existing rules ‘‘that may be
outmoded, ineffective, insufficient, or
excessively burdensome, and to modify,
streamline, expand, or repeal them in
accordance with what has been
learned.’’ As such, we believe it is
unnecessary and outmoded to
implement the CAPTA state grant
programs through regulation. We
believe the program requirements are
made clear in the statute and have
provided policy interpretations and
program instructions to implement the
VerDate Sep<11>2014
22:39 Mar 27, 2015
Jkt 235001
program since 1996 in lieu of
regulations. Removing the CAPTA
regulations at 45 CFR part 1340 would
be in keeping with Executive Order
13563.
In addition, section 109 of CAPTA
instructs the Secretary to adopt
regulations that are ‘‘necessary or
appropriate to ensure that there is
effective coordination’’ among CAPTA
programs. We believe these regulations
are no longer necessary or appropriate
to ensure coordination because we have
provided policy interpretations and
program instructions to guide such
coordination.
For these reasons, based on our
analysis of 45 CFR part 1340, we are
removing 45 CFR part 1340 from the
Code of Federal Regulations.
Section-by-Section Discussion of the
Provisions of This Rule
Subpart A—General Provisions
Section 1340.1 Purpose and Scope
We are removing section 1340.1
because it is outdated and non-essential
to the current operations of the CAPTA
programs. Paragraphs (a) and (b) clarify
the role and activities of the National
Center on Child Abuse and Neglect,
which no longer exists; paragraph
1340.1(c) is extraneous because it only
indicates that the requirements related
to child abuse and neglect applicable to
title IV–B of the Social Security Act are
implemented by regulation at 45 CFR
parts 1355 and 1357; and paragraph
1340.1(d) is unnecessary because it
simply restates the prohibition on
CAPTA funding for the construction of
facilities that is provided for in section
108 of CAPTA.
Section 1340.2 Definitions
We are removing the definitions in
section 1340.2 because we are removing
all of the sections to which the
definitions apply. In addition, they are
non-essential to the operations of the
CAPTA programs for the following
reasons. Paragraph (a) defines a
‘‘properly constituted authority’’ which
is no longer relevant to the state plan
requirements; paragraph (b) defines
‘‘Act’’ to mean the Child Abuse
Prevention and Treatment Act, which is
unnecessary; paragraph (c) defines
‘‘Center’’ as the National Center on
Child Abuse and Neglect, which no
longer exists. Paragraph (d) and its
subparagraphs define and clarify the
terms ‘‘child abuse and neglect’’,
‘‘sexual abuse’’, ‘‘negligent treatment or
maltreatment’’, ‘‘threatened harm to a
child’s health or welfare’’ and ‘‘a person
responsible for a child’s welfare’’. These
definitions are outdated and superseded
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by statutory definitions; paragraphs (e)
through (h) define ‘‘Commissioner’’,
‘‘grants’’, ‘‘Secretary’’ and ‘‘State’’ which
are either self-explanatory or defined in
statute.
Section 1340.3 Applicability of
Department-Wide Regulations
We are removing section 1340.3
because we are removing all of the
sections that the Department-wide
regulations are applied to by section
1340.3. In addition, these referenced
regulations apply to CAPTA programs
through the referenced Departmentwide regulation itself or are no longer
applicable to CAPTA grants.
Sections 1340.3(a) and (b) specify the
Department of Health and Human
Services regulations that are applicable
to all grants and contracts made under
this part:
• 45 CFR part 16—Procedures of the
Departmental Grant Appeals Board
• 45 CFR part 46—Protection of
human subjects
• 45 CFR part 74—Administration of
grants
• 45 CFR part 75—Informal grant
appeals procedures
• 45 CFR part 80—Nondiscrimination
under programs receiving Federal
assistance through the Department of
Health and Human Services—
effectuation of title VI of the Civil Rights
Act of 1964
• 45 CFR part 81—Practice and
procedure for hearings under part 80
• 45 CFR part 84—Nondiscrimination
on the basis of handicap in programs
and activities receiving or benefiting
from Federal financial assistance
• 48 CFR Chapter 1—Federal
Acquisition Regulations
• 48 CFR Chapter 3—Federal
Acquisition Regulations—Department of
Health and Human Services.
Section 1340.4
Requirements
Coordination
We are removing the coordination
requirements in section 1340.4 because
it is superseded by coordination
language in section 101 of CAPTA,
enacted in the CAPTA Amendments of
1996.
Subpart B—Grants to States
Sections 1340.10 Purpose of This
Subpart, 1340.11 Allocation of Funds
Available, 1340.12 Application
Process, 1340.13 Approval of
Applications, 1340.14 Eligibility
Requirements and 1340.15 Services
and Treatment for Disabled Infants
We are removing sections 1340.10
through 1340.15 because they are
obsolete. Prior to the enactment of the
E:\FR\FM\30MRR1.SGM
30MRR1
Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations
CAPTA Amendments of 1996, section
107 of CAPTA authorized funding for
two State grant programs: (1) To assist
States to develop, strengthen and carry
out child abuse and neglect prevention
and treatment programs; and (2) to assist
States in responding to reports of
medical neglect (including the
withholding of medically indicated
treatment from disabled infants with
life-threatening conditions), and
improving the provision of services to
disabled infants with life-threatening
conditions and their families. Sections
1340.10 through 1340.14 applied to the
former and 1340.15 to the latter and are
not applicable to the current CAPTA
State grant program in section 106.
The CAPTA Amendments of 1996 and
later amendments significantly revised
the State grant requirements in law prior
to 1996. Now, States must submit a
State plan in order to be eligible to
receive a grant, including extensive
State plan assurances. There is no
longer the grant application and
approval process specified in the
regulations and States now provide
assurances in their State plans that
certain activities will be carried out
using the grant funds to achieve the
objectives of the law.
The protections for disabled infants
(commonly known as ‘‘Baby Doe’’) are
now included in the statute in the form
of a State plan assurance. Specifically,
States are required under section
106(b)(2)(C) of CAPTA to have
procedures to respond to reports of
withholding medically indicated
treatment from disabled infants with
life-threatening conditions. In addition
‘‘withholding of medically indicated
treatment’’ is defined in section 111 of
CAPTA. No longer is there a specific
State grant program and funding for
improving the provision of services to
disabled infants with life-threatening
conditions and their families.
Subpart C—Discretionary Grants and
Contracts
asabaliauskas on DSK5VPTVN1PROD with RULES
Section 1340.20
Confidentiality
Appendix to Part 1340—Interpretive
Guidelines Regarding CFR 1340.15—
Services and Treatment for Disabled
Infants
We are deleting the appendix to Part
1340. The appendix was added through
a Final Rule (50 FR 14878) in 1985 to
22:39 Mar 27, 2015
Jkt 235001
Paperwork Reduction Act
Under the Paperwork Reduction Act
(Pub. L. 104–13), all Departments are
required to submit to OMB for review
and approval any reporting or
recordkeeping requirements inherent in
a proposed or final rule. There are no
new requirements as a result of this
regulation.
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 regulation will not result in a
significant impact on a substantial
number of small entities.
Regulatory Impact Analysis
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if the regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity.) Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, harmonizing rules, and
of promoting flexibility. The regulations
we are removing are obsolete and no
longer applicable to the current law. By
removing these outdated regulations, we
are ending potential confusion in regard
to the status of the regulations among
states, grantees and other affected
groups seeking information on the
CAPTA program rules. There are no
budget implications associated with
removing the CAPTA regulations from
the Code of Federal Regulations.
Congressional Review
This final rule is not a major rule as
defined in 5 U.S.C. Chapter 8.
We are deleting section 1340.20
because section 106 of CAPTA
addresses requirements for state
grantees for confidentiality of records,
and confidentiality requirements for
other grantees can be addressed in the
terms and conditions of the grant.
VerDate Sep<11>2014
implement a grant program made
available through the Child Abuse
Amendments of 1984 (Pub. L. 98–457).
This grant program is no longer in effect
as it was at the time the appendix was
added (Child Abuse Prevention and
Treatment Act Amendments of 1996
(Pub. L. 104–235)).
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 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
PO 00000
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16579
specified in the law. The required
review of the regulations and policies to
determine their effect on family wellbeing has been completed, and this rule
will have a neutral impact on family
well-being as defined in the legislation.
Executive Order 13132
Executive Order 13132 prohibits an
agency from publishing any rule that
has federalism implications if the rule
either imposes substantial direct
compliance costs on State and local
governments and is not required by
statute, or the rule preempts State law,
unless the agency meets the
consultation and funding requirements
of section 6 of the Executive Order. The
regulation has no federalism impact as
defined in the Executive Order.
List of Subjects in 45 CFR Part 1340
Child welfare, Grant programs—
health, Grant programs—social
programs, Individuals with disabilities,
Reporting and recordkeeping
requirements, Research, Technical
assistance, Youth.
Dated: August 18, 2014.
Mark Greenberg,
Acting Assistant Secretary for Children and
Families.
Approved: February 27, 2015.
Sylvia M. Burwell,
Secretary.
Editorial note: This document was
received for publication by the Office of
Federal Register on March 25, 2015.
Subchapter E—[Removed and Reserved]
For the reasons discussed above,
under the authority at 42 U.S.C. 5101 et
seq. the Administration for Children
and Families amends Title 45, Subtitle
B, Chapter XIII, by removing and
reserving Subchapter E, consisting of
part 1340.
■
[FR Doc. 2015–07238 Filed 3–27–15; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 175
[Docket No. PHMSA–2009–0126, Notice No.
15–3]
Hazardous Materials: Spare Fuel Cell
Cartridges Containing Flammable Gas
Transported by Aircraft in Passenger
and Crew Member Checked Baggage
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
AGENCY:
E:\FR\FM\30MRR1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Rules and Regulations]
[Pages 16577-16579]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07238]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 1340
Technical Regulation: Removal of Child Abuse and Neglect
Prevention and Treatment Act Implementing Regulations
AGENCY: Children's Bureau, Administration on Children, Youth and
Families, Administration for Children and Families, Department of
Health and Human Services (HHS).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Administration for Children and Families is removing the
Child Abuse Prevention and Treatment Act (CAPTA) regulations in their
entirety. These regulations no longer apply to the CAPTA programs they
were originally designed to implement because of major legislative
changes to CAPTA since the regulations were issued.
DATES: This rule is effective June 29, 2015.
[[Page 16578]]
FOR FURTHER INFORMATION CONTACT: Kathleen McHugh, Director of Policy,
Children's Bureau, Administration on Children, Youth and Families,
(202) 401-5789 or by email at kathleen.mchugh@acf.hhs.gov. Do not email
comments to this address.
SUPPLEMENTARY INFORMATION:
Statutory Authority
This final rule is published under the authority granted to the
Secretary of the Department of Health and Human Services by 42 U.S.C.
5101, et seq.
In accordance with the Administrative Procedure Act (5 U.S.C. 553),
it is the practice of the Secretary to offer interested parties the
opportunity to comment on proposed regulations. However, these
regulations merely reflect statutory changes and remove unnecessary and
obsolete regulatory provisions. Removal of the regulations does not
establish or affect substantive policy. Therefore, the Secretary has
determined, pursuant to 5 U.S.C. 553(b)(B), that public comment is
unnecessary and contrary to the public interest.
Background
There have been major and extensive legislative changes to CAPTA
since the CAPTA regulations in 45 CFR part 1340 were issued in 1983 and
updated in 1990. The regulations provided guidance to States to
implement CAPTA programs that were in effect prior to 1996. These
programs changed significantly beginning with the Child Abuse
Prevention and Treatment Act Amendments of 1996. This CAPTA
reauthorization overhauled the CAPTA state grant program, including the
program authorizations for appropriations, making the regulations
obsolete. Later, CAPTA reauthorizations also amended the State grant
program in section 106 of CAPTA, making the regulations outdated since
they do not include all of the CAPTA state grant program requirements
contained in the law.
Furthermore, Section 6 of the President's Executive Order 13563 of
January 18, 2011 called for retrospective analyses of existing rules
``that may be outmoded, ineffective, insufficient, or excessively
burdensome, and to modify, streamline, expand, or repeal them in
accordance with what has been learned.'' As such, we believe it is
unnecessary and outmoded to implement the CAPTA state grant programs
through regulation. We believe the program requirements are made clear
in the statute and have provided policy interpretations and program
instructions to implement the program since 1996 in lieu of
regulations. Removing the CAPTA regulations at 45 CFR part 1340 would
be in keeping with Executive Order 13563.
In addition, section 109 of CAPTA instructs the Secretary to adopt
regulations that are ``necessary or appropriate to ensure that there is
effective coordination'' among CAPTA programs. We believe these
regulations are no longer necessary or appropriate to ensure
coordination because we have provided policy interpretations and
program instructions to guide such coordination.
For these reasons, based on our analysis of 45 CFR part 1340, we
are removing 45 CFR part 1340 from the Code of Federal Regulations.
Section-by-Section Discussion of the Provisions of This Rule
Subpart A--General Provisions
Section 1340.1 Purpose and Scope
We are removing section 1340.1 because it is outdated and non-
essential to the current operations of the CAPTA programs. Paragraphs
(a) and (b) clarify the role and activities of the National Center on
Child Abuse and Neglect, which no longer exists; paragraph 1340.1(c) is
extraneous because it only indicates that the requirements related to
child abuse and neglect applicable to title IV-B of the Social Security
Act are implemented by regulation at 45 CFR parts 1355 and 1357; and
paragraph 1340.1(d) is unnecessary because it simply restates the
prohibition on CAPTA funding for the construction of facilities that is
provided for in section 108 of CAPTA.
Section 1340.2 Definitions
We are removing the definitions in section 1340.2 because we are
removing all of the sections to which the definitions apply. In
addition, they are non-essential to the operations of the CAPTA
programs for the following reasons. Paragraph (a) defines a ``properly
constituted authority'' which is no longer relevant to the state plan
requirements; paragraph (b) defines ``Act'' to mean the Child Abuse
Prevention and Treatment Act, which is unnecessary; paragraph (c)
defines ``Center'' as the National Center on Child Abuse and Neglect,
which no longer exists. Paragraph (d) and its subparagraphs define and
clarify the terms ``child abuse and neglect'', ``sexual abuse'',
``negligent treatment or maltreatment'', ``threatened harm to a child's
health or welfare'' and ``a person responsible for a child's welfare''.
These definitions are outdated and superseded by statutory definitions;
paragraphs (e) through (h) define ``Commissioner'', ``grants'',
``Secretary'' and ``State'' which are either self-explanatory or
defined in statute.
Section 1340.3 Applicability of Department-Wide Regulations
We are removing section 1340.3 because we are removing all of the
sections that the Department-wide regulations are applied to by section
1340.3. In addition, these referenced regulations apply to CAPTA
programs through the referenced Department-wide regulation itself or
are no longer applicable to CAPTA grants.
Sections 1340.3(a) and (b) specify the Department of Health and
Human Services regulations that are applicable to all grants and
contracts made under this part:
45 CFR part 16--Procedures of the Departmental Grant
Appeals Board
45 CFR part 46--Protection of human subjects
45 CFR part 74--Administration of grants
45 CFR part 75--Informal grant appeals procedures
45 CFR part 80--Nondiscrimination under programs receiving
Federal assistance through the Department of Health and Human
Services--effectuation of title VI of the Civil Rights Act of 1964
45 CFR part 81--Practice and procedure for hearings under
part 80
45 CFR part 84--Nondiscrimination on the basis of handicap
in programs and activities receiving or benefiting from Federal
financial assistance
48 CFR Chapter 1--Federal Acquisition Regulations
48 CFR Chapter 3--Federal Acquisition Regulations--
Department of Health and Human Services.
Section 1340.4 Coordination Requirements
We are removing the coordination requirements in section 1340.4
because it is superseded by coordination language in section 101 of
CAPTA, enacted in the CAPTA Amendments of 1996.
Subpart B--Grants to States
Sections 1340.10 Purpose of This Subpart, 1340.11 Allocation of Funds
Available, 1340.12 Application Process, 1340.13 Approval of
Applications, 1340.14 Eligibility Requirements and 1340.15 Services and
Treatment for Disabled Infants
We are removing sections 1340.10 through 1340.15 because they are
obsolete. Prior to the enactment of the
[[Page 16579]]
CAPTA Amendments of 1996, section 107 of CAPTA authorized funding for
two State grant programs: (1) To assist States to develop, strengthen
and carry out child abuse and neglect prevention and treatment
programs; and (2) to assist States in responding to reports of medical
neglect (including the withholding of medically indicated treatment
from disabled infants with life-threatening conditions), and improving
the provision of services to disabled infants with life-threatening
conditions and their families. Sections 1340.10 through 1340.14 applied
to the former and 1340.15 to the latter and are not applicable to the
current CAPTA State grant program in section 106.
The CAPTA Amendments of 1996 and later amendments significantly
revised the State grant requirements in law prior to 1996. Now, States
must submit a State plan in order to be eligible to receive a grant,
including extensive State plan assurances. There is no longer the grant
application and approval process specified in the regulations and
States now provide assurances in their State plans that certain
activities will be carried out using the grant funds to achieve the
objectives of the law.
The protections for disabled infants (commonly known as ``Baby
Doe'') are now included in the statute in the form of a State plan
assurance. Specifically, States are required under section 106(b)(2)(C)
of CAPTA to have procedures to respond to reports of withholding
medically indicated treatment from disabled infants with life-
threatening conditions. In addition ``withholding of medically
indicated treatment'' is defined in section 111 of CAPTA. No longer is
there a specific State grant program and funding for improving the
provision of services to disabled infants with life-threatening
conditions and their families.
Subpart C--Discretionary Grants and Contracts
Section 1340.20 Confidentiality
We are deleting section 1340.20 because section 106 of CAPTA
addresses requirements for state grantees for confidentiality of
records, and confidentiality requirements for other grantees can be
addressed in the terms and conditions of the grant.
Appendix to Part 1340--Interpretive Guidelines Regarding CFR 1340.15--
Services and Treatment for Disabled Infants
We are deleting the appendix to Part 1340. The appendix was added
through a Final Rule (50 FR 14878) in 1985 to implement a grant program
made available through the Child Abuse Amendments of 1984 (Pub. L. 98-
457). This grant program is no longer in effect as it was at the time
the appendix was added (Child Abuse Prevention and Treatment Act
Amendments of 1996 (Pub. L. 104-235)).
Paperwork Reduction Act
Under the Paperwork Reduction Act (Pub. L. 104-13), all Departments
are required to submit to OMB for review and approval any reporting or
recordkeeping requirements inherent in a proposed or final rule. There
are no new requirements as a result of this regulation.
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 regulation will
not result in a significant impact on a substantial number of small
entities.
Regulatory Impact Analysis
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if the
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity.) Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, harmonizing rules, and of promoting
flexibility. The regulations we are removing are obsolete and no longer
applicable to the current law. By removing these outdated regulations,
we are ending potential confusion in regard to the status of the
regulations among states, grantees and other affected groups seeking
information on the CAPTA program rules. There are no budget
implications associated with removing the CAPTA regulations from the
Code of Federal Regulations.
Congressional Review
This final rule is not a major rule as defined in 5 U.S.C. Chapter
8.
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 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 required
review of the regulations and policies to determine their effect on
family well-being has been completed, and this rule will have a neutral
impact on family well-being as defined in the legislation.
Executive Order 13132
Executive Order 13132 prohibits an agency from publishing any rule
that has federalism implications if the rule either imposes substantial
direct compliance costs on State and local governments and is not
required by statute, or the rule preempts State law, unless the agency
meets the consultation and funding requirements of section 6 of the
Executive Order. The regulation has no federalism impact as defined in
the Executive Order.
List of Subjects in 45 CFR Part 1340
Child welfare, Grant programs--health, Grant programs--social
programs, Individuals with disabilities, Reporting and recordkeeping
requirements, Research, Technical assistance, Youth.
Dated: August 18, 2014.
Mark Greenberg,
Acting Assistant Secretary for Children and Families.
Approved: February 27, 2015.
Sylvia M. Burwell,
Secretary.
Editorial note: This document was received for publication by
the Office of Federal Register on March 25, 2015.
Subchapter E--[Removed and Reserved]
0
For the reasons discussed above, under the authority at 42 U.S.C. 5101
et seq. the Administration for Children and Families amends Title 45,
Subtitle B, Chapter XIII, by removing and reserving Subchapter E,
consisting of part 1340.
[FR Doc. 2015-07238 Filed 3-27-15; 8:45 am]
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