Adoption and Foster Care Analysis and Reporting System, 42225-42227 [2018-17947]

Download as PDF 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 http:// 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 http:// 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: VerDate Sep<11>2014 16:40 Aug 20, 2018 Jkt 244001 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: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 42225 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 E:\FR\FM\21AUR1.SGM 21AUR1 42226 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 VerDate Sep<11>2014 16:40 Aug 20, 2018 Jkt 244001 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. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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) & E:\FR\FM\21AUR1.SGM 21AUR1 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), VerDate Sep<11>2014 16:40 Aug 20, 2018 Jkt 244001 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 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: E:\FR\FM\21AUR1.SGM 21AUR1

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]


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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]
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