82 FR 45205 - Head Start Program
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families Federal Register Volume 82, Issue 187 (September 28, 2017)
Administration for Children and Families
Federal Register Volume 82, Issue 187 (September 28, 2017)
| Page Range | 45205-45207 | |
| FR Document | 2017-20499 |
[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)] [Rules and Regulations] [Pages 45205-45207] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20499] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families 45 CFR Part 1302 RIN 0970-AC63 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 delay the compliance date for background check procedures and the date for programs to participate in their state or local Quality Rating and Improvement Systems (QRIS). Both requirements are described in the Head Start Program Performance Standards (HSPPS) final rule that was published in the Federal Register on September 6, 2016. We believe programs and states will benefit from more time to fully implement these changes. DATES: The date for programs to comply with background checks procedures described in 45 CFR 1302.90(b) and for programs to participate in QRIS described in 45 CFR 1302.53(b)(2) is delayed until September 30, 2018. FOR FURTHER INFORMATION CONTACT: Colleen Rathgeb, Division Director of Early Childhood Policy and Budget, Office of Early Childhood Development, [email protected], (202) 401-1195 (not a toll-free call). 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 provides grants to local public and private non-profit and for-profit agencies to provide comprehensive education and child development services to economically disadvantaged children, birth to age 5, and families and to help young children develop the skills they need to be successful in school. We amended our Head Start Program Performance Standards in a final rule that published in the Federal Register on September 6, 2016. The Head Start Program Performance Standards define requirements grantees and delegate agencies must implement to operate high quality Head Start or Early Head Start programs and provide [[Page 45206]] a structure to monitor and enforce quality standards. Promoting Child Safety and State Partnerships Child safety is a top priority in the final rule. We strengthened our criminal background check requirements 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 background check requirements, we aim to strengthen partnerships between states and Head Start programs. As part of this effort, 45 CFR 1302.53(b) in the final rule requires Head Start programs to take an active role in promoting 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. Compliance Dates In the SUPPLEMENTARY INFORMATION section of the final rule, we provided a table, Table 1: Compliance Table that lists dates by which programs must implement specific standards. We currently list September 30, 2017, as the date by which programs must comply with background check requirements at 45 CFR 1302.90(b). We had previously extended background check requirements until September 30, 2017, to align with the background check requirement deadline in the CCDBG Act through a Federal Register document, published on December 6, 2016. However, programs are required to continue to adhere to the criminal record check requirements in section 648A of Head Start Act, as amended by the Improving Head Start for School Readiness Act of 2007, Public Law 110- 134. We list August 1, 2017, as the date programs must participate in their states' Quality Rating and Improvement Systems (QRIS) pursuant to 45 CFR 1302.53(b)(2). 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. We require programs to have systems in place that ensure these newly hired employees do not have unsupervised access to children until their background process is complete. A complete background check 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 will need more time to implement systems to complete the backgrounds checks process listed at 45 CFR 1302.90(b)(2), (4), and (5) in our final rule. Also, we recognize most states will have systems that can accommodate our programs' background checks requests by September 30, 2018. Congress requires states that receive CCDBG funds to implement systems for comprehensive background checks for all child care teachers and staff. These states must have requirements, as well as policies and procedures to enforce and conduct criminal background checks for existing and prospective child care providers, by September 30, 2017, but Congress gave states the authority to request extensions until September 30, 2018, and several states have done so. Since these systems enable Head Start programs to meet the HSPPS requirements in 45 CFR 1302.90(b), we can minimize burden on Head Start programs if we extend the compliance date for 45 CFR 1302.90(b) to September 30, 2018. Until September 30, 2018, the criminal record check requirements from section 648A of the Head Start Act continue to remain in place. QRIS Requirement in the Final Rule QRIS is a systemic approach to assess, improve, and communicate the level of quality in early and school-age care and education programs. QRIS award quality ratings to programs that meet a set of defined program standards. Since the 1990s, many states have developed a QRIS. The requirements at 45 CFR 1302.53(b) require Head Start programs to take an active role in promoting coordinated early childhood systems to maximize access to services, reduce system duplication, foster informed quality improvement, and ensure Head Start programs are part of larger early childhood systems within their states. These requirements went into effect on November 7, 2016. To further Head Start's role in state systems of quality improvement, the HSPPS requires programs to participate in QRIS, if they meet certain conditions described at 45 CFR 1302.53(b)(2). We understood from the public comment process and from subsequent discussions with Head Start grantees and state organizations that there are concerns about the time and resources needed by both the states and grantees to ensure Head Start grantees are able to participate in their QRIS. 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, but additional time is needed to align these systems. We want to minimize any unintentional burden on states that choose to adapt their systems to incorporate Head Start participation, as well as alleviate programs' concerns about meeting the current compliance date for participation in QRIS. Given the variation in the state/local QRIS landscape and the applicability of the conditions in the regulation, the original compliance date for the requirement in the HSPPS at 45 CFR 1302.53(b)(2) was August 1, 2017 in the previously mentioned compliance table. Through this document, we are delaying the date by which programs must implement the specific requirement for QRIS participation until September 30, 2018. The broader requirement for Head Start programs to take an active role in promoting coordinated early childhood systems continues to be in effect. 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 therefore 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. The delayed compliance date poses no harm or burden to programs or the public. A period for public comment would have only extended programs' [[Page 45207]] concerns about complying with these requirements by the compliance date. Programs may voluntarily come into compliance at an earlier date if they have the processes already in place. Programs that do not have processes already in place, have until September 30, 2018, to comply with the requirements on background checks at 45 CFR 1302.90(b) and the requirement to participate in their states' QRIS at 45 CFR 1302.53(b)(2). Dated: September 6, 2017. Steven Wagner, Acting Assistant Secretary for Children and Families. Approved: September 6, 2017. Thomas E. Price, Secretary. [FR Doc. 2017-20499 Filed 9-27-17; 8:45 am] BILLING CODE P
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F. Executive Order 13175: Consultation technicians. The documentation for this DEPARTMENT OF HEALTH AND
and Coordination With Indian Tribal decision is contained in Docket No. HUMAN SERVICES
Governments EPA–HQ–OAR–2017–0213, where
This action does not have tribal EPA’s assessment of the underlying Administration for Children and
implications as specified in Executive regulatory changes that led to this Families
Order 13175. This action corrects a correction found no disproportionately
potential conflict in the refrigerant high and adverse human health or 45 CFR Part 1302
management regulations as to whether environmental effects on minority RIN 0970–AC63
or not small cans of refrigerant for use populations, low-income populations
in MVAC could be sold to non- and/or indigenous peoples. Head Start Program
technicians if they were manufactured
K. Congressional Review Act (CRA) AGENCY: Office of Head Start (OHS),
or imported prior to January 1, 2018,
and do not have a self-sealing valve. Administration for Children and
This action is subject to the CRA, and Families (ACF), Department of Health
Thus, Executive Order 13175 does not
EPA will submit a rule report to each and Human Services (HHS).
apply to this action.
House of the Congress and to the ACTION: Final rule; delay of compliance
G. Executive Order 13045: Protection of Comptroller General of the United date.
Children From Environmental Health States. This action is not a ‘‘major rule’’
Risks and Safety Risks as defined by 5 U.S.C. 804(2). SUMMARY: The Office of Head Start will
The EPA interprets Executive Order delay the compliance date for
List of Subjects in 40 CFR Part 82 background check procedures and the
13045 as applying only to those
regulatory actions that concern date for programs to participate in their
Environmental protection, Air
environmental health or safety risks that state or local Quality Rating and
pollution control, Chemicals, Reporting
the EPA has reason to believe may Improvement Systems (QRIS). Both
and recordkeeping requirements.
disproportionately affect children, per requirements are described in the Head
the definition of ‘‘covered regulatory Dated: September 21, 2017. Start Program Performance Standards
action’’ in section 2–202 of the E. Scott Pruitt, (HSPPS) final rule that was published in
Executive Order. This action is not Administrator. the Federal Register on September 6,
subject to Executive Order 13045 2016. We believe programs and states
because it does not concern an For the reasons set forth in the will benefit from more time to fully
environmental health risk or safety risk. preamble, the Environmental Protection implement these changes.
Agency amends 40 CFR part 82 as DATES: The date for programs to comply
H. Executive Order 13211: Actions That
follows: with background checks procedures
Significantly Affect Energy Supply,
described in 45 CFR 1302.90(b) and for
Distribution, or Use PART 82—PROTECTION OF programs to participate in QRIS
This action is not subject to Executive STRATOSPHERIC OZONE described in 45 CFR 1302.53(b)(2) is
Order 13211, because it is not a delayed until September 30, 2018.
significant regulatory action under ■ 1. The authority citation for part 82 FOR FURTHER INFORMATION CONTACT:
Executive Order 12866. continues to read as follows: Colleen Rathgeb, Division Director of
I. National Technology Transfer and Authority: 42 U.S.C. 7414, 7601, 7671– Early Childhood Policy and Budget,
Advancement Act 7671q. Office of Early Childhood Development,
This rulemaking does not involve OHS_NPRM@acf.hhs.gov, (202) 401–
■ 2. In § 82.154, revise paragraph 1195 (not a toll-free call). Deaf and
technical standards. (c)(1)(ix) to read as follows: hearing impaired individuals may call
J. Executive Order 12898: Federal the Federal Dual Party Relay Service at
§ 82.154 Prohibitions.
Actions To Address Environmental 1–800–877–8339 between 8 a.m. and 7
Justice in Minority Populations and * * * * * p.m. Eastern Standard Time.
Low-Income Populations (c) * * * SUPPLEMENTARY INFORMATION:
The EPA believes that this action does (1) * * * Background
not have disproportionately high and
(ix) The non-exempt substitute
adverse human health or environmental The Head Start program provides
refrigerant is intended for use in an grants to local public and private non-
effects on minority populations, low-
MVAC and is sold in a container profit and for-profit agencies to provide
income populations and/or indigenous
peoples, as specified in Executive Order designed to hold two pounds or less of comprehensive education and child
12898 (59 FR 7629, February 16, 1994). refrigerant, has a unique fitting, and, if development services to economically
This action does not affect the level of manufactured or imported on or after disadvantaged children, birth to age 5,
protection provided to human health or January 1, 2018, has a self-sealing valve and families and to help young children
the environment. This action corrects a that complies with the requirements of develop the skills they need to be
potential conflict in the refrigerant paragraph (c)(2) of this section. successful in school. We amended our
management regulations as to whether * * * * * Head Start Program Performance
or not small cans of refrigerant for use [FR Doc. 2017–20840 Filed 9–27–17; 8:45 am] Standards in a final rule that published
jstallworth on DSKBBY8HB2PROD with RULES
in MVAC could be sold to non- BILLING CODE 6560–50–P in the Federal Register on September 6,
technicians if they were manufactured 2016.
or imported prior to January 1, 2018, The Head Start Program Performance
and do not have a self-sealing valve. Standards define requirements grantees
This action clarifies that those small and delegate agencies must implement
cans of refrigerant for use in MVAC may to operate high quality Head Start or
be sold to persons who are not certified Early Head Start programs and provide
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![Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations 45207
concerns about complying with these is managed under the Fishery Classification
requirements by the compliance date. Management Plan for the Snapper-
Programs may voluntarily come into Grouper Fishery of the South Atlantic The Regional Administrator,
compliance at an earlier date if they Region (FMP). The South Atlantic Southeast Region, NMFS, has
have the processes already in place. Fishery Management Council prepared determined this temporary rule is
Programs that do not have processes the FMP. The FMP is implemented by necessary for the conservation and
already in place, have until September NMFS under the authority of the management of South Atlantic
30, 2018, to comply with the Magnuson-Stevens Fishery vermilion snapper and is consistent
requirements on background checks at Conservation and Management Act with the Magnuson-Stevens Act and
45 CFR 1302.90(b) and the requirement (Magnuson-Stevens Act) by regulations other applicable laws.
to participate in their states’ QRIS at 45 at 50 CFR part 622. This action is taken under 50 CFR
CFR 1302.53(b)(2). The commercial ACL (commercial 622.191(a)(6)(ii) and is exempt from
Dated: September 6, 2017. quota) for vermilion snapper in the review under Executive Order 12866.
Steven Wagner, South Atlantic is divided into two 6- These measures are exempt from the
Acting Assistant Secretary for Children and
month time periods, January through procedures of the Regulatory Flexibility
Families. June, and July through December. For Act because the temporary rule is issued
Approved: September 6, 2017.
the July 1 through December 31, 2017, without opportunity for prior notice and
fishing season, the commercial quota is comment.
Thomas E. Price,
388,703 lb (176,313 kg), gutted weight,
Secretary. 431,460 lb (195,707 kg), round weight This action responds to the best
[FR Doc. 2017–20499 Filed 9–27–17; 8:45 am] (50 CFR 622.190(a)(4)(ii)(D)). As scientific information available. The
BILLING CODE P specified in 50 CFR 622.190(a)(4)(iii), Assistant Administrator for NOAA
any unused portion of the commercial Fisheries (AA) finds that the need to
quota from the January through June immediately implement this
DEPARTMENT OF COMMERCE 2017 fishing season will be added to the commercial trip limit reduction
commercial quota for the July through constitutes good cause to waive the
National Oceanic and Atmospheric December 2017 fishing season. requirements to provide prior notice
Administration Accordingly, NMFS determined that and opportunity for public comment
20,379 lb (9,407 kg), round weight, of pursuant to the authority set forth in 5
50 CFR Part 622 the commercial quota was not harvested U.S.C. 553(b)(B), because prior notice
in the January through June 2017 fishing and opportunity for public comment on
[Docket No. 130312235–3658–02]
season, and NMFS added that to the this temporary rule is unnecessary and
RIN 0648–XF683
July through December commercial contrary to the public interest. Such
quota. procedures are unnecessary, because the
Fisheries of the Caribbean, Gulf of rule establishing the trip limit and trip
Mexico, and South Atlantic; Snapper- Under 50 CFR 622.191(a)(6)(ii), NMFS
limit reduction has already been subject
Grouper Resources of the South is required to reduce the commercial
to notice and comment, and all that
Atlantic; Commercial Trip Limit trip limit for vermilion snapper from
remains is to notify the public of the trip
Reduction for Vermilion Snapper 1,000 lb (454 kg), gutted weight, 1,110
limit reduction. Prior notice and
lb (503 kg), round weight, to 500 lb (227
AGENCY: National Marine Fisheries opportunity for public comment is
kg), gutted weight, 555 lb (252 kg),
Service (NMFS), National Oceanic and contrary to the public interest, because
round weight, when 75 percent of the
Atmospheric Administration (NOAA), any delay in reducing the commercial
fishing season commercial quota is
Commerce. trip limit could result in the commercial
reached or projected to be reached, by
ACTION: Temporary rule; trip limit
quota being exceeded. There is a need
filing a notification to that effect with
reduction. to immediately implement this action to
the Office of the Federal Register. Based
protect the vermilion snapper resource,
on current information, NMFS has
SUMMARY: NMFS reduces the since the capacity of the fishing fleet
determined that 75 percent of the
commercial trip limit for vermilion allows for rapid harvest of the
commercial quota for the July through
snapper in or from the exclusive commercial quota. Prior notice and
December 2017 fishing season for
economic zone (EEZ) of the South opportunity for public comment on this
vermilion snapper (including the
Atlantic to 500 lb (227 kg), gutted action would require time and increase
January through June unused quota) was
weight, 555 lb (252 kg), round weight. the probability that the commercial
reached by September 19, 2017.
This trip limit reduction is necessary to sector could exceed its quota.
Accordingly, NMFS is reducing the
protect the South Atlantic vermilion commercial trip limit for vermilion For the aforementioned reasons, the
snapper resource. snapper to 500 lb (227 kg), gutted AA also finds good cause to waive the
DATES: This rule is effective 12:01 a.m., weight, 555 lb (252 kg), round weight, 30-day delay in the effectiveness of this
local time, October 2, 2017, until 12:01 in or from the South Atlantic EEZ at action under 5 U.S.C. 553(d)(3).
a.m., local time, January 1, 2018. 12:01 a.m., local time, on October 2, Authority: 16 U.S.C. 1801 et seq.
FOR FURTHER INFORMATION CONTACT: 2017. This reduced commercial trip
Mary Vara, NMFS Southeast Regional Dated: September 25, 2017.
limit will remain in effect until the start
Office, telephone: 727–824–5305, email: of the next commercial fishing season Emily H. Menashes,
jstallworth on DSKBBY8HB2PROD with RULES
mary.vara@noaa.gov. on January 1, 2018, or until the Acting Director, Office of Sustainable
SUPPLEMENTARY INFORMATION: The commercial quota is reached and the Fisheries, National Marine Fisheries Service.
snapper-grouper fishery in the South commercial sector closes, whichever [FR Doc. 2017–20792 Filed 9–25–17; 4:15 pm]
Atlantic includes vermilion snapper and occurs first. BILLING CODE 3510–22–P
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Document Created: 2017-09-28 01:32:54
Document Modified: 2017-09-28 01:32:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; delay of compliance date. | |
| Dates | The date for programs to comply with background checks procedures described in 45 CFR 1302.90(b) and for programs to participate in QRIS described in 45 CFR 1302.53(b)(2) is delayed until September 30, 2018. | |
| Contact | Colleen Rathgeb, Division Director of Early Childhood Policy and Budget, Office of Early Childhood Development, [email protected], (202) 401-1195 (not a toll-free call). 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. | |
| FR Citation | 82 FR 45205 | |
| RIN Number | 0970-AC63 |
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