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Federal Register / Vol. 71, No.

192 / Wednesday, October 4, 2006 / Rules and Regulations 58533

PART 302—DESIGNATION, ACTION: Final rule. enactment of a statute that authorizes


REPORTABLE QUANTITIES, AND appropriations for fiscal year 2006 to
SUMMARY: This rule finalizes the carry out the Head Start Act, whichever
NOTIFICATION
provisions of the proposed rule date is earlier. These rules extend that
■ 1. The authority citation for part 302 published on May 30, 2006 and limited waiver authority indefinitely.
continues to read as follows: responds to public comments received The rules also provide a definition of
Authority: 42 U.S.C. 9602, 9603, 9604; 33 as a result of the proposed rule. This child restraint system in the Head Start
U.S.C. 1321 and 1361. final rule authorizes approval of annual regulations and codify in Head Start
waivers, under certain circumstances, regulations the requirement for use of
■ 2. Section 302.6 is amended by adding from two provisions in the current Head
paragraph (e) to read as follows: child restraint systems to reflect current
Start transportation regulation (45 CFR National Highway Traffic Safety
§ 302.6 Notification requirements. part 1310): the requirement that each Administration (NHTSA) regulations
* * * * * child be seated in a child restraint with flexibility to address any future
(e) The following releases are exempt system while the vehicle is in motion, changes in the weight range covered by
from the notification requirements of and the requirement that each bus have the NHTSA regulation. NHTSA is the
this section: at least one bus monitor on board at all agency responsible for issuing Federal
(1) Releases in amounts less than times. Waivers would be granted when Motor Vehicle Safety Standards.
1,000 pounds per 24 hours of nitrogen the Head Start or Early Head Start Finally, this rule removes provisions
oxide to the air which are the result of grantee demonstrates that compliance added to section 1310.11(b) and
combustion and combustion-related with the requirement(s) for which the 1310.15(c) that are no longer necessary.
activities. waiver is being sought will result in a
significant disruption to the Head Start Summary Description of Regulatory
(2) Releases in amounts less than Provisions and Response to Comments
1,000 pounds per 24 hours of nitrogen program or the Early Head Start program
dioxide to the air which are the result and that waiving the requirement(s) is Section 1310.2—Waiver Authority and
of combustion and combustion-related in the best interest of the children Effective Dates
activities. involved. The rule also revises the
definition of child restraint system in The regulation provides that effective
the regulation to remove the reference to November 1, 2006, ‘‘good cause’’ for a
PART 355—EMERGENCY PLANNING waiver would exist when adherence to
AND NOTIFICATION weight which now conflicts with
Federal Motor Vehicle Safety Standards. a requirement of the Head Start
■ 3. The authority citation for part 355 The regulation also reflects new transportation regulation would create a
continues to read as follows: effective dates for Sec. 1310.12(a) and safety hazard in the circumstances faced
1310.22(a) on the required use of school by the agency, or when compliance with
Authority: 42 U.S.C. 11002, 11004, and
buses or allowable alternate vehicles requirements related to child restraint
11048.
and the required availability of such systems (Secs. 1310.11 and 1310.15(a))
■ 4. Section 355.40 is amended by
vehicles adapted for use of children or the use of bus monitors (Sec.
adding paragraph (a)(2)(vii) to read as
with disabilities, as the result of 1310.15(c) would result in a significant
follows:
enactment of Section 224 of Public Law disruption to the program and the
§ 355.40 Emergency release notification. 109–149 and Section 7012 of Public grantee can demonstrate that waiving
(a) * * * Law 109–234. such requirements would be in the best
(1) * * * interest of the children involved. We are
DATES: These rules are effective
(2) * * * using the November 1, 2006 effective
November 3, 2006, except sections date in recognition that the rule will not
(vii) Any release in amounts less than 1310.12(a) and 1310.22(a) will become
1,000 pounds per 24 hours of: be effective until 30 days from the date
effective on December 30, 2006. of publication. In concert with this
(A) Nitrogen oxide (NO) to the air that
FOR FURTHER INFORMATION CONTACT: change, we also have added language
is the result of combustion and
Office of Head Start, (202) 205–8572. under this section to ensure there is no
combustion-related activities.
Deaf and hearing impaired individuals gap in waivers between October 1, 2006
(B) Nitrogen dioxide (NO2) to the air
may call the Federal Dual Party Relay and November 1, 2006. That language
that is the result of combustion and
Service at 1–800–877–8339 between 8 provides that the responsible HHS
combustion-related activities.
a.m. and 7 p.m. eastern time. official has authority to grant waivers
* * * * *
SUPPLEMENTARY INFORMATION: On related to child restraint systems or bus
[FR Doc. E6–16379 Filed 10–3–06; 8:45 am] December 30, 2005, the President signed monitors that are retroactive to October
BILLING CODE 6560–50–P Public Law 109–149 that included in 1, 2006, during the period from
Section 223 a provision that authorizes November 1, 2006 to October 30, 2007.
the Secretary of Health and Human The regulation also provides that the
DEPARTMENT OF HEALTH AND Services to waive the requirements of effective date of Sec. 1310.12(a) and
HUMAN SERVICES regulations promulgated under the Head 1310.22(a) is December 30, 2006,
Start Act (42 U.S.C. 9831 et seq.) reflecting enactment of section 224 of
Administration for Children and pertaining to child restraint systems or Public Law 109–149, which provides
Families vehicle monitors if the Head Start or Sec. 1310.12(a) of title 45 of the Code of
Early Head Start agency can Federal Regulations (October 1, 2004)
45 CFR Part 1310 demonstrate that compliance with such shall not be effective until June 30,
requirements will result in a significant 2006, or 60 days after the date of the
RIN 0970-AC26
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disruption to the program and that enactment of a statute that authorizes


Head Start Program waiving the requirement is in the best appropriations for fiscal year 2006 to
interest of the children involved. This carry out the Head Start Act, whichever
AGENCY:Administration for Children waiver authority extends until date is earlier and subsequent
and Families (ACF), DHHS. September 30, 2006, or the date of the enactment of Section 7021 of Public

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58534 Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations

Law 109–234 extending this date to efforts toward achieving the goal of full devices, any child weighing 50 pounds
December 30, 2006. In the event that compliance. ACF will publish guidance or less is seated in a child restraint
legislation authorizing appropriations related to the circumstances under system appropriate to the height and
for fiscal year 2006 to carry out the Head which requests will be approved. Except weight of the child while the vehicle is
Start Act is enacted before November 1, in extreme circumstances, those in motion.’’ As discussed earlier, the
2006, a notice informing the public of agencies who have previously achieved definition of the child restraint system
the new effective date of Sections compliance will not receive waivers. is being updated to reflect FMVSS
1310.2(b)(1), 1310.12(a) and 1310.22(a) standards. We have removed the
Definition and Requirements for Use of
will be issued. poundage reference to include those few
Child Restraint Systems
Comment Head Start and Early Head Start
This rule also updates and modifies children who are over 50 pounds in the
The majority of comments received the definition and requirements for use requirement for the use of child restraint
support the proposed change to the of child restraint systems. Under Sec. systems to coincide with the change in
waiver authority in the regulation. 1310.3, child restraint systems were the definition.
Concern over the potential loss of defined as any device designed to
partnerships with school districts and restrain, seat, or position children who We also revised the language to clarify
loss of transportation services for Head weigh 50 pounds or less which meets that the regulation applies only to Head
Start children were cited. Over half the requirements of Federal Motor Start and Early Head Start enrolled
expressed support for both bus monitor Vehicle Safety Standard No. 213, Child children. In coordinated transportation
and child restraint system exceptions. Restraint Systems, 49 CFR 571.213. arrangements, questions have been
Some letters also described NHTSA raised the weight threshold raised regarding the applicability of this
circumstances related to one or the required for approved restraint systems requirement to other children on the
other of the two requirements. Two and is considering raising it yet again. bus. Under the regulation, the language
commenters suggested waivers be In addition, discussions with NHTSA requires that any child enrolled in a
approved for a period exceeding one indicate it would be advisable to Head Start or Early Head Start program
year. In addition, two Head Start include a formal reference to the is seated in a child restraint system
agencies perceived the notice of exclusion of Type I lap belts for small appropriate to the child’s height and
proposed rulemaking as an opportunity children. Therefore, we have updated weight while the vehicle is in motion.
to submit waiver requests. the definition by removing the weight
Comments related to the definition of
Three respondents indicated requirement in order to stay current
child restraint systems are included
opposition to this change and instead with FMVSS 49 CFR 571.213, and to
suggested eliminating the requirements exclude Type I lap belts as defined at 49 above. No comments were received
altogether so waivers would not be CFR 571.209. related to applicability of this
needed. One commenter opposed the requirement to other children on the
Comment bus.
change based on concern that Head Start
will lose ground in providing safe One commenter expressed Paperwork Reduction Act
transportation services for young appreciation for the Agency’s proposal
children. A child restraint manufacturer to update the definition of child This rulemaking contains information
described the availability of child restraint system, but notes the improved collection requirements in Sec. 1310.2.
restraint systems designed specifically definition will have no meaningful This summary includes the estimated
for use in school buses and allowable effect if the restraint requirements are costs and assumptions for the
alternate vehicles that have come on the waived. One Head Start grantee paperwork requirements related to this
market in recent years. One commenter expressed dismay that funding is not rule. These paperwork requirements
expressed opposition based on concerns available to purchase more child have been approved by the Office of
for safety, and another said that enough restraint systems for those children who Management and Budget under number
time had passed since the regulation will require these systems under the 0970–0260 as required by 44 U.S.C.
was published that all Head Start revised definition. 3507(a)(1)(c) of the Paperwork
programs should now achieve full Reduction Act of 1995, as amended.
Response
compliance. Respondents are not required to respond
We believe the improved definition to any collection of information unless
Response
will impact Head Start transportation it displays a current valid OMB control
The Administration for Children and services and therefore children number.
Families (ACF) agrees with the need to positively. Agencies that may request
provide a mechanism to address the and receive waiver approvals are the The Office of Head Start estimates
circumstances faced by individual exception. With regard to funding, we that the rule would create 275 burden
agencies related to these issues. We wish to note that since publication of hours annually. Table 1 summarizes
maintain the view that the opportunity the NPRM a considerable amount of burden hours by grantee. We estimate 1
for annual authority is necessary in money has been made available to hour of paperwork burden for each
order to keep pace with changes in the grantees to achieve compliance with the Head Start grantee requesting a
industry and communities. Agencies child restraint system and bus monitor transportation waiver. The waiver
should continuously seek opportunities requirements. request would include basic information
to come into full compliance with to identify the grantee, the nature of the
Section 1310.15—Operation of Vehicles transportation services provided and the
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support from the Head Start Technical


Assistance system. In response to the Section 1310.15(a) of the regulation children affected and a justification for
concern that more agencies will request provided that each agency providing the waiver. We estimate receiving no
waivers, agencies will be required to transportation services must ensure that, more than 275 requests resulting in a
justify their requests and to describe ‘‘On a vehicle equipped for use of such total burden of 275 hours.

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Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations 58535

TABLE 1.—TOTAL BURDEN HOURS OF legislation, and other policy statements waiving such requirements is in the best
RULE or actions that have substantial direct interest of the children involved. In
[Summary of All Burden Hours, by Provision,
effects on the States, or on the addition, the responsible HHS official
for Grantees] distribution of powers and shall have the authority to grant waivers
responsibilities among the various of the requirements related to child
Annualized levels of government.’’ This rule does restraint systems (Sec. 1310.11,
Provision burden not have Federalism implications for 1310.15(a)) or bus monitors (Sec.
hours State or local governments as defined in 1310.15(c)) that are retroactive to
1310.2 ....................................... 275
the Executive Order. October 1, 2006 during the period from
Total ................................... 275 List of Subjects in 45 CFR Part 1310 November 1, 2006 to October 30, 2007.
The responsible HHS official is not
Head Start, Reporting and authorized to waive any requirements of
Regulatory Flexibility Analysis
recordkeeping requirements, the Federal Motor Vehicle Safety
The Secretary certifies, under 5 U.S.C. Transportation. Standards (FMVSS) made applicable to
605(b), and enacted by the Regulatory (Catalog of Federal Domestic Assistance any class of vehicle under 49 CFR part
Flexibility Act (Pub. L. 96–354), that Program Number 93.600, Head Start) 571. The responsible HHS official shall
this rule will not result in a significant have the right to require such
impact on a substantial number of small Wade F. Horn,
documentation as the official deems
entities. The regulation provides Assistant Secretary for Children and Families. necessary in support of a request for a
flexibility and clarity in meeting the Michael O. Leavitt, waiver. Approvals of waiver requests
Head Start transportation requirements Secretary of Health and Human Services. must be in writing, be signed by the
while ensuring child safety. ■ For the reasons discussed, title 45 CFR responsible HHS official, and be based
Regulatory Impact Analysis chapter XIII is amended as follows: on good cause.
■ 2. Revise the definition of Child
Executive Order 12866 requires that PART 1310—HEAD START
regulations be revised to ensure that Restraint System in § 1310.3 to read as
TRANSPORTATION follows:
they are consistent with the priorities
and principles set forth in the Executive ■ 1. The authority citation for part 1310 § 310.3 Definitions.
Order. The Department has determined continues to read as follows:
* * * * *
that this rule is consistent with these Authority: 42 U.S.C. 9801 et seq. Child Restraint System means any
priorities and principles. device designed to restrain, seat, or
■ 2. Revise paragraphs (b) and (c) of
Unfunded Mandates Reform Act § 1310.2 to read as follows: position children that meets the current
Section 202 of the Unfunded requirements of Federal Motor Vehicle
Mandates Reform Act requires that a § 1310.2 Applicability. Safety Standard No. 213, Child Restraint
covered agency prepare a budgetary * * * * * Systems, 49 CFR 571.213, for children
impact statement before promulgating a (b)(1) Sections 1310.12(a) and in the weight category established under
rule that includes any Federal mandate 1310.22(a) of this part are effective the regulation, or any device designed to
that may result in the expenditure by December 20, 2006. restrain, seat, or position children, other
State, local, and Tribal governments, in (2) This paragraph and paragraph (c) than a Type I seat belt as defined at 49
the aggregate, or by the private sector, of of this section, the definition of child CFR 571.209, for children not in the
$100 million or more in any one year. restraint systems in Sec. 1310.3 of this weight category currently established by
The Department has determined that part, and Sec. 1310.15(a) are effective 49 CFR 571.213.
this rule would not impose a mandate November 1, 2006. Sections 1310.11 and * * * * *
that will result in the expenditure by 1310.15(c) of this part are effective June
§ 1310.11 [Amended]
State, local, and Tribal governments, in 21, 2004. Section 1310.12(b) of this part
the aggregate, or by the private sector, of is effective February 20, 2001. All other ■ 3. In § 1310.11, remove and reserve
more than $100 million in any one year. provisions of this part are effective paragraph (b).
January 18, 2002.
Assessment of Federal Regulations and (c) Effective November 1, 2006, an § 1310.12 [Amended]
Policies on Families agency may request a waiver of specific ■ 4. In § 1310.12, amend paragraph (a)
Section 654 of the Treasury and requirements of this part, except for the by removing ‘‘January 18, 2006’’ and
General Government Appropriations requirements of this paragraph. adding ‘‘December 30, 2006’’ in its
Act of 1999 requires Federal agencies to Requests for waivers must be made in place.
determine whether a policy or writing to the responsible Health and ■ 5. Revise § 1310.15(a) and (c) to read
regulation may affect family well being. Human Services (HHS) official, as part as follows:
If the agency’s determination is of an agency’s annual application for
affirmative, then the agency must financial assistance or amendment § 1310.15 Operation of vehicles.
prepare an impact assessment thereto, based on good cause. ‘‘Good * * * * *
addressing seven criteria specified in cause’’ for a waiver will exist when (a) Effective October 1, 2006, on a
the law. These regulations will not have adherence to a requirement of this part vehicle equipped for use of such
an impact on family well being as would itself create a safety hazard in the devices, any child enrolled in a Head
defined in the legislation. circumstances faced by the agency, or Start or Early Head Start program is
when compliance with requirements seated in a child restraint system
Executive Order 13132
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related to child restraint systems (Secs. appropriate to the child’s height and
Executive Order 13132 on Federalism 1310.11, 1310.15(a)) or bus monitors weight while the vehicle is in motion.
applies to policies that have Federalism (Sec. 1310.15(c)) will result in a (b) * * *
implications, defined as ‘‘regulations, significant disruption to the program (c) Effective June 21, 2004, there is at
legislative comments or proposed and the agency demonstrates that least one bus monitor on board at all

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58536 Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations

times, with additional bus monitors Williams, OUSD(AT&L)DPAP(DARS), D. Determination to Issue an Interim
provided as necessary, such as when IMD 3C132, 3062 Defense Pentagon, Rule
needed to accommodate the needs of Washington, DC 20301–3062. A determination has been made under
children with disabilities. As provided • Hand Delivery/Courier: Defense the authority of the Secretary of Defense
in 45 CFR 1310.2(a), this paragraph does Acquisition Regulations System, Crystal that urgent and compelling reasons exist
not apply to transportation services to Square 4, Suite 200A, 241 18th Street, to publish an interim rule prior to
children served under the home-based Arlington, VA 22202–3402. affording the public an opportunity to
option for Head Start and Early Head comment. This interim rule implements
Comments received generally will be
Start. Section 833(a) of the National Defense
posted without change to http://
* * * * * www.regulations.gov, including any Authorization Act for Fiscal Year 2006
personal information provided. (Pub. L. 109–163). Section 833(a)
§ 1310.22 [Amended]
requires DoD to post a notice on the
■ 6. In § 1310.22, amend paragraph (a) FOR FURTHER INFORMATION CONTACT: Ms. FedBizOps Internet site, within 7 days
by removing ‘‘January 18, 2006’’ and Amy Williams, (703) 602–0328. after award of a contract exceeding the
adding ‘‘December 30, 2006’’ in its SUPPLEMENTARY INFORMATION: simplified acquisition threshold, when
place. DoD has applied one of certain
A. Background exceptions to domestic source
[FR Doc. E6–16488 Filed 10–3–06; 8:45 am]
This interim rule adds DFARS policy requirements with respect to the
BILLING CODE 4184–01–P
to implement Section 833(a) of the contract. Comments received in
National Defense Authorization Act for response to this interim rule will be
Fiscal Year 2006 (Pub. L. 109–163). considered in the formation of the final
DEPARTMENT OF DEFENSE rule.
Section 833(a) amended 10 U.S.C. 2533a
Defense Acquisition Regulations to add a requirement for the posting of List of Subjects in 48 CFR Parts 205 and
System a notice on the FedBizOps Internet site, 225
within 7 days after award of a contract
exceeding the simplified acquisition Government procurement.
48 CFR Parts 205 and 225
threshold, for the acquisition of (1) Michele P. Peterson,
RIN 0750–AF33 certain clothing, fiber, yarn, or fabric Editor, Defense Acquisition Regulations
Defense Federal Acquisition items, when DoD has determined that System.
Regulation Supplement; Berry adequate domestic items are not ■ Therefore, 48 CFR parts 205 and 225
Amendment Notification Requirement available; or (2) chemical warfare are amended as follows:
(DFARS Case 2006–D006) protective clothing, when an exception ■ 1. The authority citation for 48 CFR
to domestic source requirements applies parts 205 and 225 continues to read as
AGENCY: Defense Acquisition because the acquisition furthers an follows:
Regulations System, Department of agreement with a qualifying country.
Defense (DoD). Authority: 41 U.S.C. 421 and 48 CFR
This rule was not subject to Office of Chapter 1.
ACTION: Interim rule with request for Management and Budget review under
comments. Executive Order 12866, dated PART 205—PUBLICIZING CONTRACT
September 30, 1993. ACTIONS
SUMMARY: DoD has issued an interim
rule amending the Defense Federal B. Regulatory Flexibility Act ■ 2. Section 205.301 is added to read as
Acquisition Regulation Supplement follows:
(DFARS) to implement Section 833(a) of DoD does not expect this rule to have
the National Defense Authorization Act a significant economic impact on a 205.301 General.
for Fiscal Year 2006. Section 833(a) substantial number of small entities (a)(S–70) Synopsis of exceptions to
requires the posting of a notice on the within the meaning of the Regulatory domestic source requirements.
FedBizOps Internet site, when certain Flexibility Act, 5 U.S.C. 601, et seq., (i) In accordance with 10 U.S.C.
exceptions to domestic source because the rule relates to a notification 2533a(k), contracting officers also must
requirements apply to an acquisition. requirement that is performed by the synopsize through the GPE, awards
DATES: Effective Date: October 4, 2006.
Government. Therefore, DoD has not exceeding the simplified acquisition
Comment date: Comments on the performed an initial regulatory threshold that are for the acquisition of
interim rule should be submitted in flexibility analysis. DoD invites any clothing, fiber, yarn, or fabric items
writing to the address shown below on comments from small businesses and described in 225.7002–1(a)(2) through
or before December 4, 2006, to be other interested parties. DoD also will (10), if—
considered in the formation of the final consider comments from small entities (A) The Secretary concerned has
rule. concerning the affected DFARS subparts determined that domestic items are not
in accordance with 5 U.S.C. 610. Such available, in accordance with 225.7002–
ADDRESSES: You may submit comments,
comments should be submitted 2(b); or
identified by DFARS Case 2006–D006,
separately and should cite DFARS Case (B) The acquisition is for chemical
using any of the following methods:
• Federal eRulemaking Portal: http:// 2006–D006. warfare protective clothing, and the
www.regulations.gov. Follow the C. Paperwork Reduction Act contracting officer has determined that
instructions for submitting comments. an exception to domestic source
• E-mail: dfars@osd.mil. Include The Paperwork Reduction Act does requirements applies because the
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DFARS Case 2006–D006 in the subject not apply, because the rule does not acquisition furthers an agreement with a
line of the message. impose any information collection qualifying country, in accordance with
• Fax: (703) 602–0350. requirements that require the approval 225.7002–2(p).
• Mail: Defense Acquisition of the Office of Management and Budget (ii) The synopsis must be submitted in
Regulations System, Attn: Ms. Amy under 44 U.S.C. 3501, et seq. sufficient time to permit its publication

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