Coast Guard Child Development Services Programs

Regulatory History

On September 29, 1998, the Coast Guard published a notice of proposed rulemaking entitled Coast Guard Child Development Services Programs in the Federal Register (63 FR 51878). The Coast Guard received no letters commenting on the proposed rulemaking. No public hearing was requested, and none was held. Therefore, no changes were made to the regulatory text.

Background and Purpose

The first child care programs in the Coast Guard were spouse sponsored. In the early 1970's, Coast Guard sponsored child care centers were developed and became Morale, Welfare, and Recreation (MWR) activities under policy promulgated by MWR following Department of Defense guidelines. In 1987 policy specific to Coast Guard child care was issued. In 1996 the ``Child Development Services Manual,'' Commandant Instruction M1754.15 was issued providing policy guidance to manage Coast Guard child development programs. A copy of the manual is in the docket of the rulemaking and available there for review. The policy directives in the manual apply to all child development services provided by the Coast Guard, including center-based and family child care. In 1996 the Coast Guard Authorization Act added section 515 to Title 14 of the U.S. Code requiring the Secretary of Transportation to promulgate regulations pertaining to section 515. The authority to promulgate regulations pertaining to section 515 and other authorities under the Act was delegated to the Commandant of the Coast Guard on July 18, 1997 (62 FR 38278). Section 515 allows the Commandant to make Coast Guard child development services available to members of the Armed Forces and Federal civilian employees and requires that fees be established that take into consideration total family income. The purpose of this rulemaking is to implement section 515 and to establish a fee regime to permit eligible Federal employees and military members to take advantage of Coast Guard offered child care services. The Child Development Services Manual will continue to provide policy guidance to supplement the rule.

Regulatory Evaluation

This rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. It has not been reviewed by the Office of Management and Budget under that Order. It is not significant under the regulatory policies and procedure of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the economic impact of this rule to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedure of DOT is unnecessary. The rule applies only to providers of Coast Guard Child Development Services Programs.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard considered whether this rule would have a significant economic impact on a substantial number of small entities. ``Small entities'' include small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The small entities affected by this rule are the approximately one hundred family home day care providers (e.g., Coast Guard Family Child Care Providers). If funds are available, the family home day care providers may receive funding to enable them to provide services to families of Coast Guard military members and Coast Guard civilian employees at a more affordable rate. This rulemaking does not result in any change in the amount of income by family home day care providers. Therefore, the Coast Guard certifies under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule will not have a significant economic impact on a substantial number of small entities.

Assistance for Small Entities

In accordance with section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. If your small business is affected by this rule and you have questions concerning its provisions or options for compliance, please contact the Dependent Resource Coordinator or Family Child Care Coordinator on the Coast Guard Work-Life Staff who serves your geographic area.

Collection of Information

This final rule does not provide for a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this proposed rule under the principles and criteria contained in Executive Order 1212 and has determined that this proposed rule does not have sufficient implications for federalism to warrant the preparation of a Federalism Assessment.

Environment

Under paragraph 2.B.2b(34) of Commandant Instruction M16475.1B, this rule is categorically excluded from further environmental documentation. This authority deals with the use of Coast Guard funds for Coast Guard Child Development Services and requirements for facility and program inspections and for staff training and has no impact on the environment. A ``Categorical Exclusion Determination'' is available in the docket for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 55

Day care, Government employees, Infants and children, Military personnel.

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR chapter I as follows: 1. In the heading of Subchapter B, remove the word ``Military.'' 2. Add part 55 to Subchapter B to read as follows:

PART 55--CHILD DEVELOPMENT SERVICES

Subpart A--General

Sec. 55.1 Purpose. 55.3 Who is covered by this part? 55.5 Who is eligible for child development services? 55.7 Definitions. 55.9 Child development centers. 55.11 How are child development center fees established? 55.13 Family child care providers.

Authority: 14 U.S.C. 515.

Subpart A--General

Sec. 55.1 Purpose.

This subpart implements 46 U.S.C. 515, which provides for Coast Guard Child Development Services.

Sec. 55.3 Who is covered by this subpart?

This subpart applies to all Coast Guard installations.

Sec. 55.5 Who is eligible for child development services?

Coast Guard members and civilian Coast Guard employees are eligible for the child developmental services described in this subpart. As space is available, members of the other Armed Forces and other Federal civilian employees are also eligible.

Sec. 55.7 Defintions.

As used in this subpart-- Child development center means a facility located on a Coast Guard installation that offers, on a regularly scheduled basis, developmental services designed to foster social, emotional, physical, creative, and intellectual growth to groups of children. Child development services means developmental services provided at a child development center or by a family child care provider at his or her Coast Guard-owned or -leased home. Coast Guard family child care provider means a Coast Guard family member, 18 years of age or older, who provides child care for 10 hours or more per week per child to one but no more than six children, including the provider's own children under the age of eight, on a regular basis in his or her Coast Guard-owned or -leased housing. Coast Guard family child care services means child care provided on a regularly scheduled basis for 10 hours or more a week by an individual certified by the Coast Guard and who resides in Coast Guard- controlled housing. Command means the Commanding Officer of one or more units of personnel in a limited geographic area with responsibility for a child development center. Family child care means child care provided in the home of a provider, either a Coast Guard family child care provider or a family home day care provider. Family home day care provider means an individual 18 years of age or older who is licensed by the state agency that regulates child care. This person provides child care to one but to no more than six children, including the provider's own children under the age of eight, on a regular basis in his or her residence. Geographic cost of living allowance means the adjustment in basic pay related to higher living costs in certain geographic areas. Total family income means the earned income for adult members of the household including wages, salaries, tips, long-term disability benefits received by a family, incentive and special pay for service or anything else of value, even if not taxable, that was received for providing services. Also included is Basic Allowance for Housing and Basic Allowance for Subsistence authorized for the pay grade of military personnel, whether the allowance is received in cash or in- kind. Total Family Income does not include: the geographic cost of living allowance; alimony and child support; temporary duty allowances or reimbursements for educational expenses; veterans benefits; workers compensation benefits; and, unemployment compensation. These are to be excluded from total family income. Uneconomical and inefficient means that the fees collected from parents can not be used in a manner that provides a quality program at an affordable cost to parents using the child care services.

Sec. 55.9 Child development centers.

(a) The Commandant may make child development services available at child development centers located at Coast Guard installations. (b) Regular and unannounced inspections of each child development center shall be conducted annually by headquarters program personnel, the commanding officer of the sponsoring command, fire personnel, and health and safety personnel. (c) Training programs shall be conducted monthly to ensure that all child development center employees complete a minimum of 20 hours of training annually with respect to early childhood development, activities and disciplinary techniques appropriate to children of different ages, child abuse prevention and detection, and appropriate emergency medical procedures.

Sec. 55.11 How are child development center fees established?

(a) Fees for the provision of services at child development centers shall be set by each Command with responsibility for a center-based program, according to the following total family income chart:

Total Family Income

$0 to $23,000 $23,001 to $34,000 $34,001 to $44,000 $44,001 to $55,000 Over $55,000 (b) Fees for the provision of services at Coast Guard child development centers shall be used only for compensation for employees at those centers who are directly involved in providing child care, unless it is uneconomical and inefficient. If uneconomical and inefficient, then the fees may be used for: (1) The purchase of consumable or disposable items for Coast Guard child development centers; and (2) If the requirements of such centers for consumable or disposable items for a given fiscal year have been met, for other expenses of those centers.

Sec. 55.13 Family child care providers.

When appropriated funds are available, funds may be offered to provide assistance to Coast Guard Family Child Care Providers or to family home day care providers so that family child care services can be provided to military members and civilian employees of the Coast Guard, at a cost comparable to the cost of services at Coast Guard child development centers.

Dated: February 1, 1999. F.L. Ames, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Human Resources. [FR Doc. 99-3135 Filed 2-9-99; 8:45 am] BILLING CODE 4910-15-M