83_FR_42387 83 FR 42225 - Adoption and Foster Care Analysis and Reporting System

83 FR 42225 - Adoption and Foster Care Analysis and Reporting System

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families

Federal Register Volume 83, Issue 162 (August 21, 2018)

Page Range42225-42227
FR Document2018-17947

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.

Federal Register, Volume 83 Issue 162 (Tuesday, August 21, 2018)
[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Rules and Regulations]
[Pages 42225-42227]
From the Federal Register Online  [www.thefederalregister.org]
[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]
BILLING CODE 4184-25-P



                                                                Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations                                        42225

                                              monitoring, and five-year reviews have                  List of Subjects in 40 CFR Part 300                   comment on suggestions for
                                              been completed. However, this deletion                    Environmental protection, Air                       streamlining the AFCARS data elements
                                              does not preclude future actions under                  pollution control, Chemicals, Hazardous               and removing any undue burden related
                                              Superfund.                                              waste, Hazardous substances,                          to reporting AFCARS data.
                                              DATES: This action is effective August                  Intergovernmental relations, Penalties,               DATES: This rule is effective on August
                                              21, 2018.                                               Reporting and recordkeeping                           21, 2018. As of August 21, 2018, the
                                                                                                      requirements, Superfund, Water                        effective date for amendatory
                                              ADDRESSES:    Docket: EPA has established               pollution control, Water supply.                      instructions 3 and 5, published
                                              a docket for this action under Docket                                                                         December 14, 2016 at 81 FR 90524, is
                                              Identification No. EPA–HQ–SFUND–                          Dated: July 31, 2018.
                                                                                                                                                            delayed to October 1, 2020.
                                              1986–0005. All documents in the docket                  Cosmo Servidio,
                                                                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                              are listed in the http://                               Regional Administrator, U.S. Environmental
                                                                                                                                                            Kathleen McHugh, Division of Policy,
                                              www.regulations.gov index. Although                     Protection Agency Region 3.
                                                                                                                                                            Children’s Bureau at (202) 401–5789,
                                              listed in the index, some information is                  For reasons set out in the preamble,                CBComments@acf.hhs.gov.
                                              not publicly available, e.g., Confidential              40 CFR part 300 is amended as follows:                SUPPLEMENTARY INFORMATION: In the
                                              Business Information or other                                                                                 AFCARS final rule issued on December
                                              information whose disclosure is                         PART 300—NATIONAL OIL AND
                                                                                                                                                            14, 2016 (81 FR 90524), ACF provided
                                              restricted by statute. Certain other                    HAZARDOUS SUBSTANCES
                                                                                                                                                            an implementation timeframe of two
                                              material, such as copyrighted material,                 POLLUTION CONTINGENCY PLAN
                                                                                                                                                            fiscal years for title IV–E agencies to
                                              will be publicly available only in the                                                                        comply with §§ 1355.41 through
                                              hard copy. Publicly available docket                    ■ 1. The authority citation for part 300
                                                                                                      continues to read as follows:                         1355.47 (81 FR 90529). On February 24,
                                              materials are available either                                                                                2017, the President issued Executive
                                              electronically in http://                                 Authority: 33 U.S.C. 1321(d); 42 U.S.C.
                                                                                                      9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,            Order 13777 entitled ‘‘Enforcing the
                                              www.regulations.gov or in hard copy at:                                                                       Regulatory Reform Agenda’’. In
                                                                                                      2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
                                                 U.S. EPA Region III, Superfund                       3 CFR, 1991 Comp., p. 351; E.O. 12580, 52             response to the President’s direction
                                              Records Center, 6th Floor, 1650 Arch                    FR 2923, 3 CFR, 1987 Comp., p. 193.                   that federal agencies establish a
                                              Street, Philadelphia, PA 19103–2029;                                                                          Regulatory Reform Task Force to review
                                              (215) 814–3157, Monday through Friday                   Appendix B to Part 300—[Amended]                      existing regulations and make
                                              8:00 a.m. to 5:00 p.m.                                  ■  2. Table 1 of Appendix B to part 300               recommendations regarding their repeal,
                                                 Morgantown Public Library, 373                       is amended by removing ‘‘WV’’,                        replacement, or modification, the HHS
                                              Spruce Street, Morgantown, WV 26505;                    ‘‘Ordnance Works Disposal Areas’’,                    Task Force identified the AFCARS
                                              (304) 291–7425, Monday through                          ‘‘Morgantown’’.                                       regulation as one where there may be
                                              Saturday 9:00 a.m. to 4:00 p.m.                         [FR Doc. 2018–18032 Filed 8–20–18; 8:45 am]           areas for reducing reporting burden.
                                                                                                                                                               On March 15, 2018, ACF published a
                                              FOR FURTHER INFORMATION CONTACT:                        BILLING CODE 6560–50–P
                                                                                                                                                            notice of proposed rulemaking (NPRM)
                                              Jeffrey Thomas, Remedial Project                                                                              proposing to revise the effective date in
                                              Manager, U.S. Environmental Protection                                                                        the regulation to provide an additional
                                              Agency, Region 3, 3HS23 1650 Arch                       DEPARTMENT OF HEALTH AND                              two fiscal years to comply with
                                              Street Philadelphia, PA 19103, (215)                    HUMAN SERVICES                                        §§ 1355.41 through 1355.47 (83 FR
                                              814–3377, email thomas.jeffrey@                                                                               11450). The comment period ended on
                                              epa.gov.                                                Administration for Children and
                                                                                                      Families                                              April 16, 2018. In response to the
                                              SUPPLEMENTARY INFORMATION:      The site to                                                                   NPRM, we received 43 comments from
                                              be deleted from the NPL is: Ordnance                    45 CFR Part 1355                                      12 states, six Indian tribes or consortia,
                                              Works Disposal Areas, Morgantown,                                                                             three organizations representing tribal
                                                                                                      RIN 0970–AC76                                         interests, and 22 other organizations and
                                              West Virginia. A Notice of Intent to
                                              Delete for this Site was published in the                                                                     anonymous entities. The analysis of the
                                                                                                      Adoption and Foster Care Analysis                     comments may be found in the section-
                                              Federal Register 83 FR 28586 on June                    and Reporting System
                                              20, 2018.                                                                                                     by-section discussion of this final rule.
                                                                                                      AGENCY:  Children’s Bureau (CB);                         Based on our analysis of the
                                                 The closing date for comments on the                                                                       comments, in this final rule ACF revised
                                                                                                      Administration on Children, Youth and
                                              Notice of Intent to Delete was July 20,                                                                       § 1355.40 to provide an additional fiscal
                                                                                                      Families (ACYF); Administration for
                                              2018. No public comments were                                                                                 year to comply with §§ 1355.41 through
                                                                                                      Children and Families (ACF);
                                              received and EPA believes the deletion                                                                        1355.47. This also serves as a notice to
                                                                                                      Department of Health and Human
                                              action remains appropriate.                                                                                   title IV–E agencies that we are delaying
                                                                                                      Services (HHS).
                                                 EPA maintains the NPL as the list of                 ACTION: Final rule; delay of compliance               the implementation timeframe for title
                                              sites that appear to present a significant              and effective dates.                                  IV–E agencies to make revisions to their
                                              risk to public health, welfare, or the                                                                        systems to comply with §§ 1355.41
                                              environment. Deletion from the NPL                      SUMMARY:  The Children’s Bureau will                  through 1355.47.
                                              does not preclude further remedial                      delay the compliance and effective dates                 ACF finds good cause for these
                                              action. Whenever there is a significant                 in the Adoption and Foster Care                       amendments to become effective on the
                                              release from a site deleted from the NPL,               Analysis and Reporting System                         date of publication of this action. The
sradovich on DSK3GMQ082PROD with RULES




                                              the deleted site may be restored to the                 (AFCARS) 2016 final rule for title IV–E               APA allows an effective date less than
                                              NPL without application of the hazard                   agencies to comply with agency rules                  30 days after publication as ‘‘provided
                                              ranking system. Deletion of a site from                 for an additional one fiscal year. We are             by the agency for good cause found and
                                              the NPL does not affect responsible                     delaying the effective date due to our                published with the rule’’ (5 U.S.C.
                                              party liability in the unlikely event that              advanced notice of proposed                           553(d)(3)). A delayed effective date is
                                              future conditions warrant further                       rulemaking (ANPRM), published on                      unnecessary in this case because, as
                                              actions.                                                March 15, 2018, seeking public                        stated above, any delay might lead to


                                         VerDate Sep<11>2014   16:40 Aug 20, 2018   Jkt 244001   PO 00000   Frm 00021   Fmt 4700   Sfmt 4700   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                 for updated data with the needs of our                Unfunded Mandates Reform Act
                                              to unnecessary changes to their data                    grantees, the title IV–E agencies, that                 The Unfunded Mandates Reform Act
                                              systems. Furthermore, this rule does not                must revise their systems to meet new                 (Pub. L. 104–4) requires agencies to
                                              establish additional regulatory                         AFCARS requirements and will                          prepare an assessment of anticipated
                                              obligations or impose any additional                    ultimately be held accountable via                    costs and benefits before proposing any
                                              burden on regulated entities. As a result,              compliance and penalties to report the                rule that may result in an annual
                                              affected parties do not need time to                    data (see 45 CFR 1355.46 and 1355.47).                expenditure by state, local, and tribal
                                              prepare before the rule takes effect.                   Therefore, we believe that a balanced                 governments, in the aggregate, or by the
                                              Therefore, ACF finds good cause for                     compromise is to delay implementation                 private sector, of $100 million or more
                                              these amendments to become effective                    of the 2016 final rule for one year. This             (adjusted annually for inflation). That
                                              on the date of publication of this action.              means that as of October 1, 2020, state               threshold level is currently
                                              Section-by-Section Discussion                           and tribal title IV–E agencies must                   approximately $146 million. This final
                                                                                                      comply with the revision to AFCARS                    rule does not impose any mandates on
                                              Section 1355.40 Foster Care and                         made by the 2016 final rule (§§ 1355.41               state, local, or tribal governments, or the
                                              Adoption Data Collection                                through 1355.47).                                     private sector that will result in an
                                                 We revised the effective dates in the                                                                      annual expenditure of $146 million or
                                                                                                      Regulatory Impact Analysis
                                              regulation to provide an additional                                                                           more.
                                              fiscal year to comply with §§ 1355.41                   Executive Orders 12866, 13563, and                    Congressional Review
                                              through 1355.47. State and tribal title                 13771
                                              IV–E agencies must continue to report                                                                           This regulation is not a major rule as
                                              AFCARS data in the same manner they                        Executive Orders 12866 and 13563                   defined in 5 U.S.C. 8.
                                              do currently, per § 1355.40 and                         direct agencies to assess all costs and
                                                                                                      benefits of available regulatory                      Executive Order 13132
                                              appendices A through E of part 1355
                                              until September 30, 2020. As of October                 alternatives and, if regulation is                       Executive Order 13132 requires that
                                              1, 2020, state and tribal title IV–E                    necessary, to select regulatory                       federal agencies consult with state and
                                              agencies must comply with §§ 1355.41                    approaches that maximize net benefits                 local government officials in the
                                              through 1355.47.                                        (including potential economic,                        development of regulatory policies with
                                                                                                      environmental, public health and safety               Federalism implications. Consistent
                                              Comment Analysis                                                                                              with E.O. 13132 and Guidance for
                                                                                                      effects, distributive impacts, and
                                                 In general, all state commenters                     equity). Executive Order 13563                        Implementing E.O. 13132 issued on
                                              supported the delay and all of the                      emphasizes the importance of                          October 28, 1999, the Department must
                                              Indian tribes, organizations representing               quantifying both costs and benefits, of               include in ‘‘a separately identified
                                              tribal interests, and all but one                       reducing costs, of harmonizing rules,                 portion of the preamble to the
                                              organization opposed delaying                           and of promoting flexibility. ACF                     regulation’’ a ‘‘federalism summary
                                              implementation of the AFCARS 2016                       consulted with the Office of                          impact statement’’ (Secs. 6(b)(2)(B) &
                                              final rule. Commenters in support of the                Management and Budget (OMB) and                       (c)(2)). The Department’s ‘‘federalism
                                              delay stated that the delay will provide                determined that this rule does meet the               summary impact statement is as
                                              time for states to fully analyze system,                criteria for a significant regulatory                 follows—
                                              cost, and training work needed to meet                  action under E.O. 12866. Thus, it was                    • ‘‘A description of the extent of the
                                              new AFCARS requirements, revise and                     subject to OMB review. ACF determined                 agency’s prior consultation with State
                                              update systems (which may include                       that the costs to title IV–E agencies as              and local officials’’—ACF held an
                                              instituting a Comprehensive Child                       a result of this rule will not be                     informational call for the NPRM on
                                              Welfare Information System) to move to                  significant as defined in Executive                   April 5, 2018 and the public comment
                                              a CCWIS, and allows ACF time to                         Order 12866 (have an annual effect on                 period was open from March 15, 2018
                                              provide needed technical assistance and                                                                       to April 16, 2018 where we solicited
                                                                                                      the economy of $100 million or more or
                                              guidance on the new AFCARS                                                                                    comments via regulations.gov, email,
                                                                                                      adversely affect in a material way the
                                              requirements. Commenters in                                                                                   and postal mail.
                                                                                                      economy, a sector of the economy,
                                              opposition of a delay of the 2016 final                                                                          • ‘‘A summary of the nature of their
                                                                                                      productivity, competition, jobs, the
                                              rule stated that a delay deprives federal,                                                                    concerns and the agency’s position
                                                                                                      environment, public health or safety, or
                                              state, and tribal governments of critical                                                                     supporting the need to issue the
                                                                                                      State, local, or tribal governments or                regulation’’—As we discussed in the
                                              case-level data on information that is
                                                                                                      communities). Because the rule is not                 preamble to this final rule, state
                                              not currently reported to AFCARS that
                                                                                                      economically significant as defined in                commenters support delaying the
                                              can be used to build an evidence base
                                                                                                      E.O. 12866, no cost-benefit analysis                  compliance date for the 2016 AFCARS
                                              for federal, state, and tribal
                                              policymaking and guide budget                           needs to be included in this final rule.              final rule; however, Indian tribes,
                                              decisions for achieving positive                        This final rule is considered an E.O.                 organizations representing tribal
                                              outcomes. They also stated that                         13771 deregulatory action.                            interests, and all but one organization
                                              interested parties were already provided                Regulatory Flexibility Analysis                       opposed delaying implementation of the
                                              ample notice and opportunities to                                                                             2016 final rule. Our need for issuing this
                                              comment and the 2016 final rule                            The Secretary certifies, under 5 U.S.C.            final rule is to provide the title IV–E
                                              thoroughly responded to comments.                       605(b), as enacted by the Regulatory                  agencies that must submit AFCARS time
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                                                 We understand both the support and                   Flexibility Act (Pub. L. 96–354), that                to revise systems to meet new AFCARS
                                              opposition for a delay expressed by                     this final rule will not result in a                  requirements. We provide an additional
                                              commenters. We understand that                          significant impact on a substantial                   year to balance the need for updated
                                              information reported to AFCARS is                       number of small entities. This final rule             data with the needs of our grantees.
                                              important and the 2016 final rule is the                does not affect small entities because it                • ‘‘A statement of the extent to which
                                              first update to the AFCARS regulations                  is applicable only to state and tribal title          the concerns of State and local officials
                                              since 1993. We must balance the need                    IV–E agencies.                                        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                                              42227

                                              6(c)(2))—As we discuss in the section-                  and CB issued ACYF–CB–IM–18–01                        of this section and appendices A
                                              by-section discussion preamble, we                      (issued March 16, 2018). Additionally,                through E of this part until September
                                              proposed in the NPRM to delay for an                    ACF held a tribal consultation on                     30, 2020. As of October 1, 2020, state
                                              additional two fiscal years the date by                 November 6, 2017 during which tribes                  and tribal title IV–E agencies must
                                              which title IV–E agencies must comply                   requested that ACF leave the 2016 final               comply with §§ 1355.41 through
                                              with the 2016 final rule. Our balance to                rule in place, stating that the ICWA-                 1355.47.
                                              meet the states’ needs for a delay, as                  related data elements are very important              *     *     *      *    *
                                              expressed in their comments, is to                      for accountability. At a meeting with                 [FR Doc. 2018–17947 Filed 8–20–18; 8:45 am]
                                              provide an additional one year.                         tribal representatives at the Secretary’s             BILLING CODE 4184–25–P
                                              Assessment of Federal Regulations and                   Tribal Advisory Committee on May 9
                                              Policies on Families                                    and 10, 2018, representatives stated the
                                                                                                      following: they support the 2016 final                DEPARTMENT OF COMMERCE
                                                Section 654 of the Treasury and                       rule; they have concerns that states are
                                              General Government Appropriations                       not following ICWA; the ICWA-related                  National Oceanic and Atmospheric
                                              Act of 2000 (Pub. L. 106–58) requires                   data elements are critical to informing               Administration
                                              federal agencies to determine whether a                 Congress, HHS, states, and tribes on
                                              policy or regulation may affect family                  how Native children and families are                  50 CFR Part 679
                                              well-being. If the agency’s                             doing in state child welfare systems;
                                              determination is affirmative, then the                  and AFCARS information would help                     [Docket No. 170817779–8161–02]
                                              agency must prepare an impact                           inform issues such as foster care
                                              assessment addressing seven criteria                                                                          RIN 0648–XG428
                                                                                                      disproportionality.
                                              specified in the law. This final rule will                 As we developed this final rule, we                Fisheries of the Exclusive Economic
                                              not have an impact on family well-being                 carefully considered the comments from                Zone Off Alaska; Reallocation of
                                              as defined in the law.                                  Indian tribes and organizations                       Pacific Cod in the Bering Sea and
                                              Paperwork Reduction Act                                 representing tribal interests, whose                  Aleutian Islands Management Area
                                                                                                      comments were to not delay the
                                                 Under the Paperwork Reduction Act                                                                          AGENCY:  National Marine Fisheries
                                                                                                      implementation of the 2016 final rule.
                                              (44 U.S.C. 35, as amended) (PRA), all                                                                         Service (NMFS), National Oceanic and
                                                                                                      However, we must balance the need for
                                              Departments are required to submit to                                                                         Atmospheric Administration (NOAA),
                                                                                                      data with the needs of our grantees, the
                                              OMB for review and approval any                                                                               Commerce.
                                                                                                      title IV–E agencies, that must revise
                                              reporting or recordkeeping requirements
                                                                                                      their systems to meet new AFCARS                      ACTION: Temporary rule; reallocation.
                                              inherent in a proposed or final rule.
                                                                                                      requirements and will ultimately be
                                              PRA rules require that ACF estimate the                                                                       SUMMARY:    NMFS is reallocating the
                                                                                                      held accountable via compliance and
                                              total burden created by this proposed                                                                         projected unused amount of Pacific cod
                                                                                                      penalties to report the data.
                                              rule regardless of what information is                                                                        total allowable catch (TAC) from vessels
                                              available. ACF provides burden and cost                 List of Subjects in 45 CFR Part 1355                  using jig gear and catcher vessels greater
                                              estimates using the best available                        Adoption and foster care, Child                     than or equal to 60 feet (18.3 meters (m))
                                              information. Information collection for                 welfare, Grant programs—social                        length overall (LOA) using hook-and-
                                              AFCARS is currently authorized under                    programs.                                             line gear to catcher vessels less than 60
                                              OMB number 0970–0422. This final rule                                                                         feet (18.3 m) LOA using hook-and-line
                                              does not make changes to the AFCARS                     (Catalog of Federal Domestic Assistance
                                                                                                      Program Number 93.658, Foster Care                    or pot gear in the Bering Sea and
                                              requirements for title IV–E agencies; it                Maintenance; 93.659, Adoption Assistance;             Aleutian Islands management area. This
                                              delays the effective date and provides                  93.645, Child Welfare Services—State                  action is necessary to allow the 2018
                                              title IV–E agencies with additional time                Grants).                                              TAC of Pacific cod to be harvested.
                                              to comply with §§ 1355.41 through                                                                             DATES: Effective August 16, 2018,
                                                                                                        Dated: July 20, 2018.
                                              1355.47. Thus, the annual burden hours                                                                        through 2400 hours, Alaska local time
                                                                                                      Steven Wagner,
                                              for recordkeeping and reporting does                                                                          (A.l.t.), December 31, 2018.
                                              not change from those currently                         Acting Assistant Secretary for Children and
                                                                                                      Families.                                             FOR FURTHER INFORMATION CONTACT: Josh
                                              authorized under OMB number 0970–
                                              0422. Therefore, we are not seeking                       Approved: July 25, 2018                             Keaton, 907–586–7228.
                                              comments on any information collection                  Alex M. Azar II,                                      SUPPLEMENTARY INFORMATION: NMFS
                                              requirements through this final rule.                   Secretary.                                            manages the groundfish fishery in the
                                                                                                        For the reasons set forth in the                    Bering Sea and Aleutian Islands (BSAI)
                                              Tribal Consultation Statement                                                                                 according to the Fishery Management
                                                                                                      preamble, we amend 45 CFR part 1355
                                                ACF is committed to consulting with                   as follows:                                           Plan for Groundfish of the Bering Sea
                                              Indian tribes and tribal leadership to the                                                                    and Aleutian Islands Management Area
                                              extent practicable and permitted by law,                PART 1355—GENERAL                                     (FMP) prepared by the North Pacific
                                              prior to promulgating any regulation                                                                          Fishery Management Council under
                                              that has tribal implications. During the                ■ 1. The authority citation for part 1355             authority of the Magnuson-Stevens
                                              comment period, CB held an                              continues to read as follows:                         Fishery Conservation and Management
                                              information session on April 5, 2018                      Authority: 42 U.S.C. 620 et seq., 42 U.S.C.         Act. Regulations governing fishing by
                                              where the NPRM was presented by CB                      670 et seq.; 42 U.S.C. 1302.                          U.S. vessels in accordance with the FMP
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                                              officials. Prior to this information                    ■ 2. Amend § 1355.40 by revising                      appear at subpart H of 50 CFR part 600
                                              session, the NPRM was linked to on the                  paragraph (a) to read as follows:                     and 50 CFR part 679.
                                              CB website, a link to the NPRM was                                                                               The 2018 Pacific cod TAC specified
                                              emailed to CB’s tribal lists (on March                  § 1355.40 Foster care and adoption data               for vessels using jig gear in the BSAI is
                                              13, 2018 when the NPRM was available                    collection.                                           1,149 metric tons (mt) as established by
                                              for public inspection and March 15,                       (a) Scope. State and tribal title IV–E              the final 2018 and 2019 harvest
                                              2018 when the NPRM was published),                      agencies must follow the requirements                 specifications for groundfish in the


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Document Created: 2018-08-21 00:07:14
Document Modified: 2018-08-21 00:07:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; delay of compliance and effective dates.
DatesThis 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.
ContactKathleen McHugh, Division of Policy, Children's Bureau at (202) 401-5789, [email protected]
FR Citation83 FR 42225 
RIN Number0970-AC76
CFR AssociatedAdoption and Foster Care; Child Welfare and Grant Programs-Social Programs

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