Head Start Program, 48558-48559 [2018-20848]
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48558
Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations
§ 180.960 Polymers; exemptions from the
requirement of a tolerance.
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2-Propenoic acid, polymer with butyl 2-propenoate, ethenylbenzene and (1-methylethenyl) benzene, ammonium salt, minimum
number average molecular weight (in amu), 2,300 .........................................................................................................................
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BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
45 CFR Part 1302
RIN 0970–AC78
Head Start Program
Office of Head Start (OHS),
Administration for Children and
Families (ACF), Department of Health
and Human Services (HHS).
ACTION: Final rule; delay of compliance
date.
AGENCY:
The Office of Head Start will
further delay the compliance date for
programs to meet background checks
requirements and participate in their
state or local Quality Rating and
Improvement Systems (QRIS). The
Department delayed the compliance
dates for these standards through a
previous document in the Federal
Register. Since then, we have learned
programs could benefit from more time
as they work to align with state systems
to meet these federal standards.
DATES: The date for programs to comply
with background checks procedures as
described in 45 CFR 1302.90(b) and to
participate in QRIS as described in 45
CFR 1302.53(b)(2), as published at 81
FR 61294 and delayed at 81 FR 87843
and 82 FR 45205, is further delayed
until September 30, 2019.
FOR FURTHER INFORMATION CONTACT:
Colleen Rathgeb, Office of Head Start,
Planning, Oversight, and Policy
Division Director, (202) 358–3263,
OHS_NPRM@acf.hhs.gov. Deaf and
hearing impaired individuals may call
the Federal Dual Party Relay Service at
1–800–877–8339 between 8 a.m. and 7
p.m. Eastern Standard Time.
SUPPLEMENTARY INFORMATION:
daltland on DSKBBV9HB2PROD with RULES
VerDate Sep<11>2014
17:04 Sep 25, 2018
Jkt 244001
*
Background
[FR Doc. 2018–20958 Filed 9–25–18; 8:45 am]
SUMMARY:
*
The Head Start Program Performance
Standards (81 FR 61294) define
standards grantees and delegate
agencies must implement to operate
high quality Head Start or Early Head
Start programs. As part of our effort to
prioritize child safety, we strengthened
our criminal background check
procedures at 45 CFR 1302.90(b) in the
final rule to reflect changes in the
Improving Head Start for School
Readiness Act of 2007, Public Law 110–
134, and to complement background
check requirements in the Child Care
and Development Block Grant (CCDBG)
Act of 2014, Public Law 113–186.
In addition to more comprehensive
background check standards, we aim to
strengthen partnerships between states
and Head Start programs. At 45 CFR
1302.53(b) in the final rule, we require
Head Start programs to actively promote
coordinated early childhood systems,
including those in their state. As part of
these requirements, most Head Start
programs must participate in QRIS, if
they meet certain conditions.
Currently, Head Start programs must
comply with background check
requirements and participate in their
states’ QRIS, by September 30, 2018. We
have already delayed the date for
programs to comply with background
check requirements in the final rule to
align with the background check
requirement deadline in the Child Care
Development Block Grant Act of 2014,
Public Law 113–186, through a
document published in the Federal
Register (82 FR 45205) on September
28, 2017. In the same Federal Register
document, we extended the date for
programs to participate in QRIS.
Through conversations with programs
and states, we are concerned programs
are still not be able to fully implement
either background check or QRIS
requirements by September 30, 2018,
without assuming unintended
regulatory and administrative burden.
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
*
*
360564–31–4
*
Background Checks Procedures in the
Final Rule
Generally, 45 CFR 1302.90(b)(1)
requires that before a person is hired,
programs must conduct a sex offender
registry check and obtain either a state
or tribal criminal history records,
including fingerprint checks, or a
Federal Bureau of Investigation (FBI)
criminal history records, including
fingerprint checks.
In 45 CFR 1302.90(b)(2), (4), and (5),
we afford programs 90 days to obtain
whichever check they could not obtain
before the person was hired, as well as
child abuse and neglect state registry
check, if available. However, programs
must ensure newly hired employees do
not have unsupervised access to
children until their background check
process is complete. A complete
background check process consists of a
sex offender registry check, state or
tribal history records, including
fingerprint check and FBI criminal
history records, including fingerprint
check, as well as a child abuse and
neglect state registry check, if available.
We also require programs to conduct
complete background checks for each
employee at least once every five years.
We believe programs require more
time to implement systems to complete
the background checks process listed at
45 CFR 1302.90(b)(2), (4), and (5) in our
final rule. We aligned our compliance
date for our background checks
requirements with the background
check requirement deadline the CCDBG
Act because states that receive CCDBG
funds are required to establish systems
that implement the same set of
comprehensive background checks for
all child care teachers and staff. These
systems will enable Head Start programs
to meet background check requirements
in the final rule.
We understand, however, states may
request additional time-limited waivers
of up to two years, in one year
increments (i.e., potentially through
September 30, 2020) to design systems
that can accommodate our programs’
background checks requests. To
minimize burden on programs, we will
E:\FR\FM\26SER1.SGM
26SER1
Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations
extend the compliance date for 45 CFR
1302.90(b) to September 30, 2019.
However, until Head Start programs
have systems in place that fully comply
with 45 CFR 1302.90(b), we require
them to continue to adhere to the
criminal record check requirements in
section 648A of the Head Start Act, as
amended by the Improving Head Start
for School Readiness Act of 2007, Public
Law 110–134.
QRIS Requirement in the Final Rule
We require programs that meet certain
conditions, except for American Indian
and Alaska Native programs, to
participate in state or local QRIS, as
prescribed at 45 CFR 1302.53(b)(2) in
the final rule. A QRIS is a systemic
approach to assess, improve, and
communicate the level of quality in
early and school-age care and education
programs within a state or locality. It
awards quality ratings to programs that
meet a set of criteria as defined by the
QRIS. Criteria Head Start programs must
meet to enter the QRIS and maintain
participation greatly vary by state. We
recognize many Head Start programs
were already participating in their state
and local quality improvement efforts
before we introduced this standard to
the final rule. Now that we have
included this standard in the final rule,
we understand programs have taken
steps to participate in QRIS and that
many states are assessing their QRIS
with new Head Start QRIS participation
policies. However, programs and states
need additional time to align these
systems. We want to minimize any
unintentional burden on states that
choose to adapt their systems to allow
Head Start programs to participate in
QRIS, as well as alleviate programs’
concerns about meeting the current
compliance date. To avoid duplication
efforts between Head Start and QRIS
monitoring systems as well as eliminate
undue burden on Head Start programs
and states as they work to align these
systems, we will delay the compliance
date for this standard for another year.
daltland on DSKBBV9HB2PROD with RULES
Conclusion
We ordinarily publish a notice of
proposed rulemaking in the Federal
Register to provide a period for public
comment before the provisions of a rule
take effect in accordance with section
553(b) of the Administrative Procedure
Act (APA) (5 U.S.C. 553(b)). However,
we can waive this notice and comment
procedure if the Secretary finds, for
good cause, that the notice and
comment process is impracticable,
unnecessary, or contrary to the public
interest, and incorporates a statement of
VerDate Sep<11>2014
17:04 Sep 25, 2018
Jkt 244001
the finding and the reasons for this
finding in the notice.
We find good cause to waive public
comment under section 553(b) of the
APA because it is unnecessary and
contrary to the public interest to provide
for public comment in this instance.
States, localities, and Head Start
grantees will likely be subjected to
undue and unnecessary administrative
burden as they expend time trying to
find ways to implement these standards
without support from local and state
law enforcement agencies and without
QRIS systems that can accommodate
Head Start programs. A period for
public comment would only extend
programs’ concerns as they attempt to
meet these standards by the compliance
dates. Head Start programs are still
required to comply with statutory
background check requirements in the
Improving Head Start for School
Readiness Act of 2007, Public Law 110–
134, until they can develop systems that
will enable them to conduct complete
background checks with fingerprints.
Therefore, if we delay compliance dates,
we will pose no harm or burden to
programs or the public. Moreover,
programs that already have systems in
place to meet background check
standards at 45 CFR 1302.90(b) and to
participate in their states’ QRIS at 45
CFR 1302.53(b)(2) may voluntarily come
into compliance by the compliance date.
However, programs that do not have
systems in place have until September
30, 2019 to comply.
Dated: September 14, 2018.
Lynn A. Johnson,
Assistant Secretary for Children and Families.
Approved: September 20, 2018.
Alex M. Azar II,
Secretary.
[FR Doc. 2018–20848 Filed 9–25–18; 8:45 am]
BILLING CODE 4184–40–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170816769–8162–02]
RIN 0648–XG502
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch
in the Western Regulatory Area of the
Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
ACTION:
48559
Temporary rule; closure.
NMFS is prohibiting directed
fishing for Pacific ocean perch in the
Western Regulatory Area of the Gulf of
Alaska (GOA). This action is necessary
to prevent exceeding the 2018 total
allowable catch of Pacific ocean perch
in the Western Regulatory Area of the
GOA.
SUMMARY:
Effective 1200 hours, Alaska
local time (A.l.t.), September 21, 2018,
through 2400 hours, A.l.t., December 31,
2018.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens 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 total allowable catch (TAC)
of Pacific ocean perch in the Western
Regulatory Area of the GOA is 3,312
metric tons (mt) as established by the
final 2018 and 2019 harvest
specifications for groundfish of the Gulf
of Alaska (83 FR 8768, March 1, 2018).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the 2018 TAC of Pacific
ocean perch in the Western Regulatory
Area of the GOA will soon be reached.
Therefore, the Regional Administrator is
establishing a directed fishing
allowance of 3,212 mt, and is setting
aside 100 mt as bycatch to support other
anticipated groundfish fisheries. In
accordance with § 679.20(d)(1)(iii), the
Regional Administrator finds that this
directed fishing allowance has been
reached. Consequently, NMFS is
prohibiting directed fishing for Pacific
ocean perch in the Western Regulatory
Area of the GOA.
While this closure is effective the
maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
DATES:
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
E:\FR\FM\26SER1.SGM
26SER1
]]>Agencies
[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Rules and Regulations]
[Pages 48558-48559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20848]
=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 1302
RIN 0970-AC78
Head Start Program
AGENCY: Office of Head Start (OHS), Administration for Children and
Families (ACF), Department of Health and Human Services (HHS).
ACTION: Final rule; delay of compliance date.
-----------------------------------------------------------------------
SUMMARY: The Office of Head Start will further delay the compliance
date for programs to meet background checks requirements and
participate in their state or local Quality Rating and Improvement
Systems (QRIS). The Department delayed the compliance dates for these
standards through a previous document in the Federal Register. Since
then, we have learned programs could benefit from more time as they
work to align with state systems to meet these federal standards.
DATES: The date for programs to comply with background checks
procedures as described in 45 CFR 1302.90(b) and to participate in QRIS
as described in 45 CFR 1302.53(b)(2), as published at 81 FR 61294 and
delayed at 81 FR 87843 and 82 FR 45205, is further delayed until
September 30, 2019.
FOR FURTHER INFORMATION CONTACT: Colleen Rathgeb, Office of Head Start,
Planning, Oversight, and Policy Division Director, (202) 358-3263,
[email protected]. Deaf and hearing impaired individuals may call
the Federal Dual Party Relay Service at 1-800-877-8339 between 8 a.m.
and 7 p.m. Eastern Standard Time.
SUPPLEMENTARY INFORMATION:
Background
The Head Start Program Performance Standards (81 FR 61294) define
standards grantees and delegate agencies must implement to operate high
quality Head Start or Early Head Start programs. As part of our effort
to prioritize child safety, we strengthened our criminal background
check procedures at 45 CFR 1302.90(b) in the final rule to reflect
changes in the Improving Head Start for School Readiness Act of 2007,
Public Law 110-134, and to complement background check requirements in
the Child Care and Development Block Grant (CCDBG) Act of 2014, Public
Law 113-186.
In addition to more comprehensive background check standards, we
aim to strengthen partnerships between states and Head Start programs.
At 45 CFR 1302.53(b) in the final rule, we require Head Start programs
to actively promote coordinated early childhood systems, including
those in their state. As part of these requirements, most Head Start
programs must participate in QRIS, if they meet certain conditions.
Currently, Head Start programs must comply with background check
requirements and participate in their states' QRIS, by September 30,
2018. We have already delayed the date for programs to comply with
background check requirements in the final rule to align with the
background check requirement deadline in the Child Care Development
Block Grant Act of 2014, Public Law 113-186, through a document
published in the Federal Register (82 FR 45205) on September 28, 2017.
In the same Federal Register document, we extended the date for
programs to participate in QRIS.
Through conversations with programs and states, we are concerned
programs are still not be able to fully implement either background
check or QRIS requirements by September 30, 2018, without assuming
unintended regulatory and administrative burden.
Background Checks Procedures in the Final Rule
Generally, 45 CFR 1302.90(b)(1) requires that before a person is
hired, programs must conduct a sex offender registry check and obtain
either a state or tribal criminal history records, including
fingerprint checks, or a Federal Bureau of Investigation (FBI) criminal
history records, including fingerprint checks.
In 45 CFR 1302.90(b)(2), (4), and (5), we afford programs 90 days
to obtain whichever check they could not obtain before the person was
hired, as well as child abuse and neglect state registry check, if
available. However, programs must ensure newly hired employees do not
have unsupervised access to children until their background check
process is complete. A complete background check process consists of a
sex offender registry check, state or tribal history records, including
fingerprint check and FBI criminal history records, including
fingerprint check, as well as a child abuse and neglect state registry
check, if available. We also require programs to conduct complete
background checks for each employee at least once every five years.
We believe programs require more time to implement systems to
complete the background checks process listed at 45 CFR 1302.90(b)(2),
(4), and (5) in our final rule. We aligned our compliance date for our
background checks requirements with the background check requirement
deadline the CCDBG Act because states that receive CCDBG funds are
required to establish systems that implement the same set of
comprehensive background checks for all child care teachers and staff.
These systems will enable Head Start programs to meet background check
requirements in the final rule.
We understand, however, states may request additional time-limited
waivers of up to two years, in one year increments (i.e., potentially
through September 30, 2020) to design systems that can accommodate our
programs' background checks requests. To minimize burden on programs,
we will
[[Page 48559]]
extend the compliance date for 45 CFR 1302.90(b) to September 30, 2019.
However, until Head Start programs have systems in place that fully
comply with 45 CFR 1302.90(b), we require them to continue to adhere to
the criminal record check requirements in section 648A of the Head
Start Act, as amended by the Improving Head Start for School Readiness
Act of 2007, Public Law 110-134.
QRIS Requirement in the Final Rule
We require programs that meet certain conditions, except for
American Indian and Alaska Native programs, to participate in state or
local QRIS, as prescribed at 45 CFR 1302.53(b)(2) in the final rule. A
QRIS is a systemic approach to assess, improve, and communicate the
level of quality in early and school-age care and education programs
within a state or locality. It awards quality ratings to programs that
meet a set of criteria as defined by the QRIS. Criteria Head Start
programs must meet to enter the QRIS and maintain participation greatly
vary by state. We recognize many Head Start programs were already
participating in their state and local quality improvement efforts
before we introduced this standard to the final rule. Now that we have
included this standard in the final rule, we understand programs have
taken steps to participate in QRIS and that many states are assessing
their QRIS with new Head Start QRIS participation policies. However,
programs and states need additional time to align these systems. We
want to minimize any unintentional burden on states that choose to
adapt their systems to allow Head Start programs to participate in
QRIS, as well as alleviate programs' concerns about meeting the current
compliance date. To avoid duplication efforts between Head Start and
QRIS monitoring systems as well as eliminate undue burden on Head Start
programs and states as they work to align these systems, we will delay
the compliance date for this standard for another year.
Conclusion
We ordinarily publish a notice of proposed rulemaking in the
Federal Register to provide a period for public comment before the
provisions of a rule take effect in accordance with section 553(b) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we
can waive this notice and comment procedure if the Secretary finds, for
good cause, that the notice and comment process is impracticable,
unnecessary, or contrary to the public interest, and incorporates a
statement of the finding and the reasons for this finding in the
notice.
We find good cause to waive public comment under section 553(b) of
the APA because it is unnecessary and contrary to the public interest
to provide for public comment in this instance. States, localities, and
Head Start grantees will likely be subjected to undue and unnecessary
administrative burden as they expend time trying to find ways to
implement these standards without support from local and state law
enforcement agencies and without QRIS systems that can accommodate Head
Start programs. A period for public comment would only extend programs'
concerns as they attempt to meet these standards by the compliance
dates. Head Start programs are still required to comply with statutory
background check requirements in the Improving Head Start for School
Readiness Act of 2007, Public Law 110-134, until they can develop
systems that will enable them to conduct complete background checks
with fingerprints. Therefore, if we delay compliance dates, we will
pose no harm or burden to programs or the public. Moreover, programs
that already have systems in place to meet background check standards
at 45 CFR 1302.90(b) and to participate in their states' QRIS at 45 CFR
1302.53(b)(2) may voluntarily come into compliance by the compliance
date. However, programs that do not have systems in place have until
September 30, 2019 to comply.
Dated: September 14, 2018.
Lynn A. Johnson,
Assistant Secretary for Children and Families.
Approved: September 20, 2018.
Alex M. Azar II,
Secretary.
[FR Doc. 2018-20848 Filed 9-25-18; 8:45 am]
BILLING CODE 4184-40-P
