Adoption and Foster Care Analysis and Reporting System, 42225-42227 [2018-17947]
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Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations
monitoring, and five-year reviews have
been completed. However, this deletion
does not preclude future actions under
Superfund.
This action is effective August
21, 2018.
DATES:
Docket: EPA has established
a docket for this action under Docket
Identification No. EPA–HQ–SFUND–
1986–0005. All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in the
hard copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at:
U.S. EPA Region III, Superfund
Records Center, 6th Floor, 1650 Arch
Street, Philadelphia, PA 19103–2029;
(215) 814–3157, Monday through Friday
8:00 a.m. to 5:00 p.m.
Morgantown Public Library, 373
Spruce Street, Morgantown, WV 26505;
(304) 291–7425, Monday through
Saturday 9:00 a.m. to 4:00 p.m.
ADDRESSES:
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: July 31, 2018.
Cosmo Servidio,
Regional Administrator, U.S. Environmental
Protection Agency Region 3.
For reasons set out in the preamble,
40 CFR part 300 is amended as follows:
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(d); 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
FR 2923, 3 CFR, 1987 Comp., p. 193.
Appendix B to Part 300—[Amended]
2. Table 1 of Appendix B to part 300
is amended by removing ‘‘WV’’,
‘‘Ordnance Works Disposal Areas’’,
‘‘Morgantown’’.
■
[FR Doc. 2018–18032 Filed 8–20–18; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6560–50–P
Jeffrey Thomas, Remedial Project
Manager, U.S. Environmental Protection
Agency, Region 3, 3HS23 1650 Arch
Street Philadelphia, PA 19103, (215)
814–3377, email thomas.jeffrey@
epa.gov.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
The site to
be deleted from the NPL is: Ordnance
Works Disposal Areas, Morgantown,
West Virginia. A Notice of Intent to
Delete for this Site was published in the
Federal Register 83 FR 28586 on June
20, 2018.
The closing date for comments on the
Notice of Intent to Delete was July 20,
2018. No public comments were
received and EPA believes the deletion
action remains appropriate.
EPA maintains the NPL as the list of
sites that appear to present a significant
risk to public health, welfare, or the
environment. Deletion from the NPL
does not preclude further remedial
action. Whenever there is a significant
release from a site deleted from the NPL,
the deleted site may be restored to the
NPL without application of the hazard
ranking system. Deletion of a site from
the NPL does not affect responsible
party liability in the unlikely event that
future conditions warrant further
actions.
Administration for Children and
Families
sradovich on DSK3GMQ082PROD with RULES
SUPPLEMENTARY INFORMATION:
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45 CFR Part 1355
RIN 0970–AC76
Adoption and Foster Care Analysis
and Reporting System
Children’s Bureau (CB);
Administration on Children, Youth and
Families (ACYF); Administration for
Children and Families (ACF);
Department of Health and Human
Services (HHS).
ACTION: Final rule; delay of compliance
and effective dates.
AGENCY:
The Children’s Bureau will
delay the compliance and effective dates
in the Adoption and Foster Care
Analysis and Reporting System
(AFCARS) 2016 final rule for title IV–E
agencies to comply with agency rules
for an additional one fiscal year. We are
delaying the effective date due to our
advanced notice of proposed
rulemaking (ANPRM), published on
March 15, 2018, seeking public
SUMMARY:
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comment on suggestions for
streamlining the AFCARS data elements
and removing any undue burden related
to reporting AFCARS data.
DATES: This rule is effective on August
21, 2018. As of August 21, 2018, the
effective date for amendatory
instructions 3 and 5, published
December 14, 2016 at 81 FR 90524, is
delayed to October 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Kathleen McHugh, Division of Policy,
Children’s Bureau at (202) 401–5789,
CBComments@acf.hhs.gov.
SUPPLEMENTARY INFORMATION: In the
AFCARS final rule issued on December
14, 2016 (81 FR 90524), ACF provided
an implementation timeframe of two
fiscal years for title IV–E agencies to
comply with §§ 1355.41 through
1355.47 (81 FR 90529). On February 24,
2017, the President issued Executive
Order 13777 entitled ‘‘Enforcing the
Regulatory Reform Agenda’’. In
response to the President’s direction
that federal agencies establish a
Regulatory Reform Task Force to review
existing regulations and make
recommendations regarding their repeal,
replacement, or modification, the HHS
Task Force identified the AFCARS
regulation as one where there may be
areas for reducing reporting burden.
On March 15, 2018, ACF published a
notice of proposed rulemaking (NPRM)
proposing to revise the effective date in
the regulation to provide an additional
two fiscal years to comply with
§§ 1355.41 through 1355.47 (83 FR
11450). The comment period ended on
April 16, 2018. In response to the
NPRM, we received 43 comments from
12 states, six Indian tribes or consortia,
three organizations representing tribal
interests, and 22 other organizations and
anonymous entities. The analysis of the
comments may be found in the sectionby-section discussion of this final rule.
Based on our analysis of the
comments, in this final rule ACF revised
§ 1355.40 to provide an additional fiscal
year to comply with §§ 1355.41 through
1355.47. This also serves as a notice to
title IV–E agencies that we are delaying
the implementation timeframe for title
IV–E agencies to make revisions to their
systems to comply with §§ 1355.41
through 1355.47.
ACF finds good cause for these
amendments to become effective on the
date of publication of this action. The
APA allows an effective date less than
30 days after publication as ‘‘provided
by the agency for good cause found and
published with the rule’’ (5 U.S.C.
553(d)(3)). A delayed effective date is
unnecessary in this case because, as
stated above, any delay might lead to
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Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations
title IV–E agencies diverting resources
to unnecessary changes to their data
systems. Furthermore, this rule does not
establish additional regulatory
obligations or impose any additional
burden on regulated entities. As a result,
affected parties do not need time to
prepare before the rule takes effect.
Therefore, ACF finds good cause for
these amendments to become effective
on the date of publication of this action.
Section-by-Section Discussion
Section 1355.40 Foster Care and
Adoption Data Collection
We revised the effective dates in the
regulation to provide an additional
fiscal year to comply with §§ 1355.41
through 1355.47. State and tribal title
IV–E agencies must continue to report
AFCARS data in the same manner they
do currently, per § 1355.40 and
appendices A through E of part 1355
until September 30, 2020. As of October
1, 2020, state and tribal title IV–E
agencies must comply with §§ 1355.41
through 1355.47.
sradovich on DSK3GMQ082PROD with RULES
Comment Analysis
In general, all state commenters
supported the delay and all of the
Indian tribes, organizations representing
tribal interests, and all but one
organization opposed delaying
implementation of the AFCARS 2016
final rule. Commenters in support of the
delay stated that the delay will provide
time for states to fully analyze system,
cost, and training work needed to meet
new AFCARS requirements, revise and
update systems (which may include
instituting a Comprehensive Child
Welfare Information System) to move to
a CCWIS, and allows ACF time to
provide needed technical assistance and
guidance on the new AFCARS
requirements. Commenters in
opposition of a delay of the 2016 final
rule stated that a delay deprives federal,
state, and tribal governments of critical
case-level data on information that is
not currently reported to AFCARS that
can be used to build an evidence base
for federal, state, and tribal
policymaking and guide budget
decisions for achieving positive
outcomes. They also stated that
interested parties were already provided
ample notice and opportunities to
comment and the 2016 final rule
thoroughly responded to comments.
We understand both the support and
opposition for a delay expressed by
commenters. We understand that
information reported to AFCARS is
important and the 2016 final rule is the
first update to the AFCARS regulations
since 1993. We must balance the need
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for updated data with the needs of our
grantees, the title IV–E agencies, that
must revise their systems to meet new
AFCARS requirements and will
ultimately be held accountable via
compliance and penalties to report the
data (see 45 CFR 1355.46 and 1355.47).
Therefore, we believe that a balanced
compromise is to delay implementation
of the 2016 final rule for one year. This
means that as of October 1, 2020, state
and tribal title IV–E agencies must
comply with the revision to AFCARS
made by the 2016 final rule (§§ 1355.41
through 1355.47).
Regulatory Impact Analysis
Executive Orders 12866, 13563, and
13771
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if 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, of harmonizing rules,
and of promoting flexibility. ACF
consulted with the Office of
Management and Budget (OMB) and
determined that this rule does meet the
criteria for a significant regulatory
action under E.O. 12866. Thus, it was
subject to OMB review. ACF determined
that the costs to title IV–E agencies as
a result of this rule will not be
significant as defined in Executive
Order 12866 (have an annual effect on
the economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities). Because the rule is not
economically significant as defined in
E.O. 12866, no cost-benefit analysis
needs to be included in this final rule.
This final rule is considered an E.O.
13771 deregulatory action.
Regulatory Flexibility Analysis
The Secretary certifies, under 5 U.S.C.
605(b), as enacted by the Regulatory
Flexibility Act (Pub. L. 96–354), that
this final rule will not result in a
significant impact on a substantial
number of small entities. This final rule
does not affect small entities because it
is applicable only to state and tribal title
IV–E agencies.
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Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
(Pub. L. 104–4) requires agencies to
prepare an assessment of anticipated
costs and benefits before proposing any
rule that may result in an annual
expenditure by state, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation). That
threshold level is currently
approximately $146 million. This final
rule does not impose any mandates on
state, local, or tribal governments, or the
private sector that will result in an
annual expenditure of $146 million or
more.
Congressional Review
This regulation is not a major rule as
defined in 5 U.S.C. 8.
Executive Order 13132
Executive Order 13132 requires that
federal agencies consult with state and
local government officials in the
development of regulatory policies with
Federalism implications. Consistent
with E.O. 13132 and Guidance for
Implementing E.O. 13132 issued on
October 28, 1999, the Department must
include in ‘‘a separately identified
portion of the preamble to the
regulation’’ a ‘‘federalism summary
impact statement’’ (Secs. 6(b)(2)(B) &
(c)(2)). The Department’s ‘‘federalism
summary impact statement is as
follows—
• ‘‘A description of the extent of the
agency’s prior consultation with State
and local officials’’—ACF held an
informational call for the NPRM on
April 5, 2018 and the public comment
period was open from March 15, 2018
to April 16, 2018 where we solicited
comments via regulations.gov, email,
and postal mail.
• ‘‘A summary of the nature of their
concerns and the agency’s position
supporting the need to issue the
regulation’’—As we discussed in the
preamble to this final rule, state
commenters support delaying the
compliance date for the 2016 AFCARS
final rule; however, Indian tribes,
organizations representing tribal
interests, and all but one organization
opposed delaying implementation of the
2016 final rule. Our need for issuing this
final rule is to provide the title IV–E
agencies that must submit AFCARS time
to revise systems to meet new AFCARS
requirements. We provide an additional
year to balance the need for updated
data with the needs of our grantees.
• ‘‘A statement of the extent to which
the concerns of State and local officials
have been met’’ (Secs. 6(b)(2)(B) &
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Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations
6(c)(2))—As we discuss in the sectionby-section discussion preamble, we
proposed in the NPRM to delay for an
additional two fiscal years the date by
which title IV–E agencies must comply
with the 2016 final rule. Our balance to
meet the states’ needs for a delay, as
expressed in their comments, is to
provide an additional one year.
Assessment of Federal Regulations and
Policies on Families
Section 654 of the Treasury and
General Government Appropriations
Act of 2000 (Pub. L. 106–58) 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. This final rule will
not have an impact on family well-being
as defined in the law.
sradovich on DSK3GMQ082PROD with RULES
Paperwork Reduction Act
Under the Paperwork Reduction Act
(44 U.S.C. 35, as amended) (PRA), all
Departments are required to submit to
OMB for review and approval any
reporting or recordkeeping requirements
inherent in a proposed or final rule.
PRA rules require that ACF estimate the
total burden created by this proposed
rule regardless of what information is
available. ACF provides burden and cost
estimates using the best available
information. Information collection for
AFCARS is currently authorized under
OMB number 0970–0422. This final rule
does not make changes to the AFCARS
requirements for title IV–E agencies; it
delays the effective date and provides
title IV–E agencies with additional time
to comply with §§ 1355.41 through
1355.47. Thus, the annual burden hours
for recordkeeping and reporting does
not change from those currently
authorized under OMB number 0970–
0422. Therefore, we are not seeking
comments on any information collection
requirements through this final rule.
Tribal Consultation Statement
ACF is committed to consulting with
Indian tribes and tribal leadership to the
extent practicable and permitted by law,
prior to promulgating any regulation
that has tribal implications. During the
comment period, CB held an
information session on April 5, 2018
where the NPRM was presented by CB
officials. Prior to this information
session, the NPRM was linked to on the
CB website, a link to the NPRM was
emailed to CB’s tribal lists (on March
13, 2018 when the NPRM was available
for public inspection and March 15,
2018 when the NPRM was published),
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and CB issued ACYF–CB–IM–18–01
(issued March 16, 2018). Additionally,
ACF held a tribal consultation on
November 6, 2017 during which tribes
requested that ACF leave the 2016 final
rule in place, stating that the ICWArelated data elements are very important
for accountability. At a meeting with
tribal representatives at the Secretary’s
Tribal Advisory Committee on May 9
and 10, 2018, representatives stated the
following: they support the 2016 final
rule; they have concerns that states are
not following ICWA; the ICWA-related
data elements are critical to informing
Congress, HHS, states, and tribes on
how Native children and families are
doing in state child welfare systems;
and AFCARS information would help
inform issues such as foster care
disproportionality.
As we developed this final rule, we
carefully considered the comments from
Indian tribes and organizations
representing tribal interests, whose
comments were to not delay the
implementation of the 2016 final rule.
However, we must balance the need for
data with the needs of our grantees, the
title IV–E agencies, that must revise
their systems to meet new AFCARS
requirements and will ultimately be
held accountable via compliance and
penalties to report the data.
List of Subjects in 45 CFR Part 1355
Adoption and foster care, Child
welfare, Grant programs—social
programs.
(Catalog of Federal Domestic Assistance
Program Number 93.658, Foster Care
Maintenance; 93.659, Adoption Assistance;
93.645, Child Welfare Services—State
Grants).
Dated: July 20, 2018.
Steven Wagner,
Acting Assistant Secretary for Children and
Families.
Approved: July 25, 2018
Alex M. Azar II,
Secretary.
For the reasons set forth in the
preamble, we amend 45 CFR part 1355
as follows:
PART 1355—GENERAL
1. The authority citation for part 1355
continues to read as follows:
■
Authority: 42 U.S.C. 620 et seq., 42 U.S.C.
670 et seq.; 42 U.S.C. 1302.
2. Amend § 1355.40 by revising
paragraph (a) to read as follows:
■
§ 1355.40 Foster care and adoption data
collection.
(a) Scope. State and tribal title IV–E
agencies must follow the requirements
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42227
of this section and appendices A
through E of this part until September
30, 2020. As of October 1, 2020, state
and tribal title IV–E agencies must
comply with §§ 1355.41 through
1355.47.
*
*
*
*
*
[FR Doc. 2018–17947 Filed 8–20–18; 8:45 am]
BILLING CODE 4184–25–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170817779–8161–02]
RIN 0648–XG428
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is reallocating the
projected unused amount of Pacific cod
total allowable catch (TAC) from vessels
using jig gear and catcher vessels greater
than or equal to 60 feet (18.3 meters (m))
length overall (LOA) using hook-andline gear to catcher vessels less than 60
feet (18.3 m) LOA using hook-and-line
or pot gear in the Bering Sea and
Aleutian Islands management area. This
action is necessary to allow the 2018
TAC of Pacific cod to be harvested.
DATES: Effective August 16, 2018,
through 2400 hours, Alaska local time
(A.l.t.), December 31, 2018.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
Bering Sea and Aleutian Islands (BSAI)
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2018 Pacific cod TAC specified
for vessels using jig gear in the BSAI is
1,149 metric tons (mt) as established by
the final 2018 and 2019 harvest
specifications for groundfish in the
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Rules and Regulations]
[Pages 42225-42227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17947]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 1355
RIN 0970-AC76
Adoption and Foster Care Analysis and Reporting System
AGENCY: Children's Bureau (CB); Administration on Children, Youth and
Families (ACYF); Administration for Children and Families (ACF);
Department of Health and Human Services (HHS).
ACTION: Final rule; delay of compliance and effective dates.
-----------------------------------------------------------------------
SUMMARY: The Children's Bureau will delay the compliance and effective
dates in the Adoption and Foster Care Analysis and Reporting System
(AFCARS) 2016 final rule for title IV-E agencies to comply with agency
rules for an additional one fiscal year. We are delaying the effective
date due to our advanced notice of proposed rulemaking (ANPRM),
published on March 15, 2018, seeking public comment on suggestions for
streamlining the AFCARS data elements and removing any undue burden
related to reporting AFCARS data.
DATES: This rule is effective on August 21, 2018. As of August 21,
2018, the effective date for amendatory instructions 3 and 5, published
December 14, 2016 at 81 FR 90524, is delayed to October 1, 2020.
FOR FURTHER INFORMATION CONTACT: Kathleen McHugh, Division of Policy,
Children's Bureau at (202) 401-5789, [email protected].
SUPPLEMENTARY INFORMATION: In the AFCARS final rule issued on December
14, 2016 (81 FR 90524), ACF provided an implementation timeframe of two
fiscal years for title IV-E agencies to comply with Sec. Sec. 1355.41
through 1355.47 (81 FR 90529). On February 24, 2017, the President
issued Executive Order 13777 entitled ``Enforcing the Regulatory Reform
Agenda''. In response to the President's direction that federal
agencies establish a Regulatory Reform Task Force to review existing
regulations and make recommendations regarding their repeal,
replacement, or modification, the HHS Task Force identified the AFCARS
regulation as one where there may be areas for reducing reporting
burden.
On March 15, 2018, ACF published a notice of proposed rulemaking
(NPRM) proposing to revise the effective date in the regulation to
provide an additional two fiscal years to comply with Sec. Sec.
1355.41 through 1355.47 (83 FR 11450). The comment period ended on
April 16, 2018. In response to the NPRM, we received 43 comments from
12 states, six Indian tribes or consortia, three organizations
representing tribal interests, and 22 other organizations and anonymous
entities. The analysis of the comments may be found in the section-by-
section discussion of this final rule.
Based on our analysis of the comments, in this final rule ACF
revised Sec. 1355.40 to provide an additional fiscal year to comply
with Sec. Sec. 1355.41 through 1355.47. This also serves as a notice
to title IV-E agencies that we are delaying the implementation
timeframe for title IV-E agencies to make revisions to their systems to
comply with Sec. Sec. 1355.41 through 1355.47.
ACF finds good cause for these amendments to become effective on
the date of publication of this action. The APA allows an effective
date less than 30 days after publication as ``provided by the agency
for good cause found and published with the rule'' (5 U.S.C.
553(d)(3)). A delayed effective date is unnecessary in this case
because, as stated above, any delay might lead to
[[Page 42226]]
title IV-E agencies diverting resources to unnecessary changes to their
data systems. Furthermore, this rule does not establish additional
regulatory obligations or impose any additional burden on regulated
entities. As a result, affected parties do not need time to prepare
before the rule takes effect. Therefore, ACF finds good cause for these
amendments to become effective on the date of publication of this
action.
Section-by-Section Discussion
Section 1355.40 Foster Care and Adoption Data Collection
We revised the effective dates in the regulation to provide an
additional fiscal year to comply with Sec. Sec. 1355.41 through
1355.47. State and tribal title IV-E agencies must continue to report
AFCARS data in the same manner they do currently, per Sec. 1355.40 and
appendices A through E of part 1355 until September 30, 2020. As of
October 1, 2020, state and tribal title IV-E agencies must comply with
Sec. Sec. 1355.41 through 1355.47.
Comment Analysis
In general, all state commenters supported the delay and all of the
Indian tribes, organizations representing tribal interests, and all but
one organization opposed delaying implementation of the AFCARS 2016
final rule. Commenters in support of the delay stated that the delay
will provide time for states to fully analyze system, cost, and
training work needed to meet new AFCARS requirements, revise and update
systems (which may include instituting a Comprehensive Child Welfare
Information System) to move to a CCWIS, and allows ACF time to provide
needed technical assistance and guidance on the new AFCARS
requirements. Commenters in opposition of a delay of the 2016 final
rule stated that a delay deprives federal, state, and tribal
governments of critical case-level data on information that is not
currently reported to AFCARS that can be used to build an evidence base
for federal, state, and tribal policymaking and guide budget decisions
for achieving positive outcomes. They also stated that interested
parties were already provided ample notice and opportunities to comment
and the 2016 final rule thoroughly responded to comments.
We understand both the support and opposition for a delay expressed
by commenters. We understand that information reported to AFCARS is
important and the 2016 final rule is the first update to the AFCARS
regulations since 1993. We must balance the need for updated data with
the needs of our grantees, the title IV-E agencies, that must revise
their systems to meet new AFCARS requirements and will ultimately be
held accountable via compliance and penalties to report the data (see
45 CFR 1355.46 and 1355.47). Therefore, we believe that a balanced
compromise is to delay implementation of the 2016 final rule for one
year. This means that as of October 1, 2020, state and tribal title IV-
E agencies must comply with the revision to AFCARS made by the 2016
final rule (Sec. Sec. 1355.41 through 1355.47).
Regulatory Impact Analysis
Executive Orders 12866, 13563, and 13771
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
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, of harmonizing rules, and of promoting
flexibility. ACF consulted with the Office of Management and Budget
(OMB) and determined that this rule does meet the criteria for a
significant regulatory action under E.O. 12866. Thus, it was subject to
OMB review. ACF determined that the costs to title IV-E agencies as a
result of this rule will not be significant as defined in Executive
Order 12866 (have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities). Because the rule is not economically significant as
defined in E.O. 12866, no cost-benefit analysis needs to be included in
this final rule. This final rule is considered an E.O. 13771
deregulatory action.
Regulatory Flexibility Analysis
The Secretary certifies, under 5 U.S.C. 605(b), as enacted by the
Regulatory Flexibility Act (Pub. L. 96-354), that this final rule will
not result in a significant impact on a substantial number of small
entities. This final rule does not affect small entities because it is
applicable only to state and tribal title IV-E agencies.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act (Pub. L. 104-4) requires agencies
to prepare an assessment of anticipated costs and benefits before
proposing any rule that may result in an annual expenditure by state,
local, and tribal governments, in the aggregate, or by the private
sector, of $100 million or more (adjusted annually for inflation). That
threshold level is currently approximately $146 million. This final
rule does not impose any mandates on state, local, or tribal
governments, or the private sector that will result in an annual
expenditure of $146 million or more.
Congressional Review
This regulation is not a major rule as defined in 5 U.S.C. 8.
Executive Order 13132
Executive Order 13132 requires that federal agencies consult with
state and local government officials in the development of regulatory
policies with Federalism implications. Consistent with E.O. 13132 and
Guidance for Implementing E.O. 13132 issued on October 28, 1999, the
Department must include in ``a separately identified portion of the
preamble to the regulation'' a ``federalism summary impact statement''
(Secs. 6(b)(2)(B) & (c)(2)). The Department's ``federalism summary
impact statement is as follows--
``A description of the extent of the agency's prior
consultation with State and local officials''--ACF held an
informational call for the NPRM on April 5, 2018 and the public comment
period was open from March 15, 2018 to April 16, 2018 where we
solicited comments via regulations.gov, email, and postal mail.
``A summary of the nature of their concerns and the
agency's position supporting the need to issue the regulation''--As we
discussed in the preamble to this final rule, state commenters support
delaying the compliance date for the 2016 AFCARS final rule; however,
Indian tribes, organizations representing tribal interests, and all but
one organization opposed delaying implementation of the 2016 final
rule. Our need for issuing this final rule is to provide the title IV-E
agencies that must submit AFCARS time to revise systems to meet new
AFCARS requirements. We provide an additional year to balance the need
for updated data with the needs of our grantees.
``A statement of the extent to which the concerns of State
and local officials have been met'' (Secs. 6(b)(2)(B) &
[[Page 42227]]
6(c)(2))--As we discuss in the section-by-section discussion preamble,
we proposed in the NPRM to delay for an additional two fiscal years the
date by which title IV-E agencies must comply with the 2016 final rule.
Our balance to meet the states' needs for a delay, as expressed in
their comments, is to provide an additional one year.
Assessment of Federal Regulations and Policies on Families
Section 654 of the Treasury and General Government Appropriations
Act of 2000 (Pub. L. 106-58) 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. This
final rule will not have an impact on family well-being as defined in
the law.
Paperwork Reduction Act
Under the Paperwork Reduction Act (44 U.S.C. 35, as amended) (PRA),
all Departments are required to submit to OMB for review and approval
any reporting or recordkeeping requirements inherent in a proposed or
final rule. PRA rules require that ACF estimate the total burden
created by this proposed rule regardless of what information is
available. ACF provides burden and cost estimates using the best
available information. Information collection for AFCARS is currently
authorized under OMB number 0970-0422. This final rule does not make
changes to the AFCARS requirements for title IV-E agencies; it delays
the effective date and provides title IV-E agencies with additional
time to comply with Sec. Sec. 1355.41 through 1355.47. Thus, the
annual burden hours for recordkeeping and reporting does not change
from those currently authorized under OMB number 0970-0422. Therefore,
we are not seeking comments on any information collection requirements
through this final rule.
Tribal Consultation Statement
ACF is committed to consulting with Indian tribes and tribal
leadership to the extent practicable and permitted by law, prior to
promulgating any regulation that has tribal implications. During the
comment period, CB held an information session on April 5, 2018 where
the NPRM was presented by CB officials. Prior to this information
session, the NPRM was linked to on the CB website, a link to the NPRM
was emailed to CB's tribal lists (on March 13, 2018 when the NPRM was
available for public inspection and March 15, 2018 when the NPRM was
published), and CB issued ACYF-CB-IM-18-01 (issued March 16, 2018).
Additionally, ACF held a tribal consultation on November 6, 2017 during
which tribes requested that ACF leave the 2016 final rule in place,
stating that the ICWA-related data elements are very important for
accountability. At a meeting with tribal representatives at the
Secretary's Tribal Advisory Committee on May 9 and 10, 2018,
representatives stated the following: they support the 2016 final rule;
they have concerns that states are not following ICWA; the ICWA-related
data elements are critical to informing Congress, HHS, states, and
tribes on how Native children and families are doing in state child
welfare systems; and AFCARS information would help inform issues such
as foster care disproportionality.
As we developed this final rule, we carefully considered the
comments from Indian tribes and organizations representing tribal
interests, whose comments were to not delay the implementation of the
2016 final rule. However, we must balance the need for data with the
needs of our grantees, the title IV-E agencies, that must revise their
systems to meet new AFCARS requirements and will ultimately be held
accountable via compliance and penalties to report the data.
List of Subjects in 45 CFR Part 1355
Adoption and foster care, Child welfare, Grant programs--social
programs.
(Catalog of Federal Domestic Assistance Program Number 93.658,
Foster Care Maintenance; 93.659, Adoption Assistance; 93.645, Child
Welfare Services--State Grants).
Dated: July 20, 2018.
Steven Wagner,
Acting Assistant Secretary for Children and Families.
Approved: July 25, 2018
Alex M. Azar II,
Secretary.
For the reasons set forth in the preamble, we amend 45 CFR part
1355 as follows:
PART 1355--GENERAL
0
1. The authority citation for part 1355 continues to read as follows:
Authority: 42 U.S.C. 620 et seq., 42 U.S.C. 670 et seq.; 42
U.S.C. 1302.
0
2. Amend Sec. 1355.40 by revising paragraph (a) to read as follows:
Sec. 1355.40 Foster care and adoption data collection.
(a) Scope. State and tribal title IV-E agencies must follow the
requirements of this section and appendices A through E of this part
until September 30, 2020. As of October 1, 2020, state and tribal title
IV-E agencies must comply with Sec. Sec. 1355.41 through 1355.47.
* * * * *
[FR Doc. 2018-17947 Filed 8-20-18; 8:45 am]
BILLING CODE 4184-25-P
