[Federal Register Volume 63, Number 10 (Thursday, January 15, 1998)]
[Rules and Regulations]
[Pages 2312-2314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-961]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Parts 1301, 1304, 1305 and 1306


Head Start Program

AGENCY: Administration on Children, Youth and Families Administration 
for Children and Families, HHS.

ACTION: Technical and correcting amendments.

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SUMMARY: This document contains technical and correcting amendments to 
the Head Start Program final rule published on November 5, 1996 (61 FR 
57186). The final rule implements the statutory provisions for 
establishing Program Performance Standards for Early Head Start 
grantees and Head Start Grantee and delegate agencies providing 
services to eligible children from birth to five years and their 
families as well as pregnant women and for taking corrective actions 
when Early Head Start or Head Start agencies fail to meet such 
standards. These technical and correcting amendments add the Office of 
Management and Budget (OMB) Control Number to sections containing 
information collection requirements for which OMB approval has been 
obtained and make other necessary corrections.

DATES: Effective on January 15, 1998.

FOR FURTHER INFORMATION CONTACT: E. Dollie Wolverton, Head Start 
Bureau, 202-205-8418 (not a toll free call);

SUPPLEMENTARY INFORMATION:

I. Background

    The final rule on Head Start Performance Standards was published on 
November 5, 1996 (61 FR 57186), in the Federal Register. The purpose of 
the final rule, the first wide ranging revision of the performance 
standards in over 20 years, is to implement the 1994 amendments to the 
Head Start Act which require an update to the Head Start Program 
Performance Standards.

II. Need for Technical and Correcting Amendments to 45 CFR Parts 1301, 
1304, 1305, and 1306

    This document adds the OMB Control number to the sections 
containing information collection requirements for which OMB approval 
has been obtained; corrects errors and omissions in the text of the 
final regulations; makes changes in certain provisions to make them 
easier to read; adds and corrects cross references to other related 
sections of the Head Start regulations, and makes one change required 
by the Head Start Act.
    The Office of Management and Budget (OMB) approved the information 
and collection requirements in 45 CFR sections 1301.31(b) on personnel 
policies; 1304.20 (a), (c), and (d) on child health and developmental 
services; 1304.22(c) on child health and safety; 1304.23(a) on child 
nutrition; 1304.40(a) on family partnerships; 1304.41(a) on community 
partnerships; 1304.50 (f), (g), and (h) on program governance; 1304.51 
(a) and (i) on management systems and procedures; 1304.52(j) on human 
resources management; and 1304.60(b) and (c) on deficiencies and 
quality improvement plans. This Notice adds the newly assigned OMB 
Control number 0970-0148 for these sections as required by OMB. The 
expiration date for the approval is December 31, 1999. In the case of 
45 CFR 1305.3 (b) and (d), a technical edit is made in the 
parenthetical statement at the end of the section on the OMB Control 
Number. Changes have been made to citations in several places in 
Appendix A.
    Changes are made in the text in 45 CFR Sec. 1304.20(b), 
Sec. 1304.20(f)(1), Sec. 1304.41(b), Sec. 1304.50(b)(3), 1304.52(j)(1) 
and Sec. 1306.30(c) to make the provisions easier to understand without 
changing their requirements. There are also corrections to 
typographical errors in Appendix A, Paragraph (b), II General 
Procedures, and Paragraphs (c) and (e), III Human Resources Management. 
The references to ``delegate agencies'' are being deleted from 45 CFR 
1305.3 because these references were included in the final regulations 
as the result of typographical errors. Paragraph (ix) is being deleted 
from 45 CFR 1304.50(d)(1). The provision, which requires that members 
of the Policy Councils and Policy Committees approve the Head Start 
Program's annual audit, was included in the final regulation through an 
error. The deletion of this provision necessitates changes to the 
numbering of 45 CFR 1304.50(d)(1) (x)-(xiii) and references to those 
provisions in Appendix A.
    This notice also includes changes to several of the cross-
references in the regulations which have been provided to assist 
grantees and others in using the document and which do not affect the

[[Page 2313]]

requirements of the regulations. The phrase ``Head Start parents'' was 
omitted from 45 CFR 1304.41(b) and is being inserted to comply with 
Section 641A(a)(3)(C)(ii) of the Head Start Act (42 U.S.C. 9836A). The 
parenthetical phrase (``this regulation is binding on Policy Councils 
exclusively'') is being removed from Sec. 1304.51(d)(1)(iii) because it 
may be misunderstood. The statement in the parenthetical applies to the 
cross reference cited in the provision as a whole.
    Grantees that already have taken steps to comply with 45 CFR 
1304.41(b), will be given an opportunity to take any necessary 
corrective action before being sanctioned as provided by the Head Start 
Act.

Waiver of Notice and Comment Procedures

    The Administrative Procedure Act (5 U.S.C. 553(b)(B)) requires that 
a notice of proposed rulemaking be published unless the Department 
finds, for good cause, that such notice and opportunity for public 
comment is impracticable, unnecessary, or contrary to the public 
interest. In this instance, the rule in question effects technical 
changes, corrections to and deletion of text not properly included in 
the regulations and a change necessary to comply with provisions of the 
Head Start Act. Accordingly, the Department has determined that it 
would be unnecessary to use notice and comment procedures in issuing 
these amendments.

Impact Analysis

    No Impact Analysis is needed for the technical amendments. The 
impact of the necessary corrections falls within the analysis of the 
Performance Standards published in the Federal Register on November 5, 
1996 (61 FR 57186 and 57209).

List of Subjects

45 CFR Part 1301

    Administrative practice and procedure, Education of disadvantaged, 
Grant programs/social programs, Selection of grantees.

45 CFR Part 1304

    Dental health, Education of disadvantaged, Grant programs/social 
programs, Health care, Mental health programs, Nutrition, Reporting and 
recordkeeping requirements.

45 CFR Part 1305

    Education of disadvantaged, Grant programs/social programs, 
Individuals with disabilities.

45 CFR Part 1306

    Education of disadvantaged, Grant programs/social programs, 
Individuals with disabilities.

(Catalog of Federal Domestic Assistance Program Number 93.600, 
Project Head Start)

    Dated: January 7, 1998.
Neil J. Stillman,
Deputy Assistant Secretary for Information and Resource Management.

    Accordingly, 45 CFR Parts 1301, 1304, 1305, and 1306 of the Head 
Start final rule are corrected by making the following technical and 
correcting amendments:

PART 1301--HEAD START GRANTS ADMINISTRATION

    1. The authority citation for Part 1301 continues to read as 
follows:

    Authority: 42 U.S.C. 9801 et seq.

    2. In Sec. 1301.31, revise the parenthetical sentence at the end of 
the section to read as follows:


Sec. 1301.31  Personnel policies.

* * * * *
(The information collection requirements are approved by the Office of 
Management and Budget (OMB) under OMB Control Number 0970-0148 for 
paragraph (b).)

PART 1304--PROGRAM PERFORMANCE STANDARDS FOR THE OPERATION OF HEAD 
START PROGRAMS BY GRANTEE AND DELEGATE AGENCIES

    3. The authority citation for Part 1304 continues to read as 
follows:

    Authority: 42 U.S.C. 9801 et seq.


Sec. 1304.20  [Corrected]

    4. In Sec. 1304.20:
    A. In the heading of paragraph (b):
    (1) Remove the word ``screening'' and add in its place 
``concerns''; and
    (2) Add the words ``screening for'' before the word 
``developmental'';
    B. In the first sentence of paragraph (b)(1):
    (1) Add the words ``screening procedures to identify concerns 
regarding a child's'' after the word ``appropriate'';
    (2) Add in parentheses ``(visual and auditory),'' after the word 
``sensory'';
    (3) Remove the word ``and'' before the word ``behavioral'' and add 
a comma after ``behavioral'', and remove the words ``screenings of'' 
after the word ``behavioral'';
    C. In the second sentence of paragraph (b)(1) remove the word 
``screenings'' and add the words ``screening procedures''.
    D. In paragraph (c)(4), after the words ``Individualized Education 
Program'' add the parenthetical letters ``(IEP)'';
    E. In paragraph (f)(1) add the words ``screening for'' before the 
word ``developmental'' and remove the word ``screening'' after the word 
``behavioral'' and add the word ``concerns'' in its place; and
    F. Add the Office of Management and Budget Control Number in a 
parenthetical sentence at the end to read as follows:


Sec. 1304.20  Child health and developmental services.

* * * * *
(The information and collection requirements are approved by the Office 
of Management and Budget (OMB) under OMB Control Number 0970-0148 for 
paragraphs (a), (c) and (d).)


Sec. 1304.21  [Corrected]

    5. In Sec. 1304.21(b)(1), within the parenthetical phrase at the 
end which reads ``(see 45 CFR 1304.3(a)(5))'', add the words ``for a 
definition of curriculum'' after the number ``(5)''. In paragraph 
(b)(1)(i) of this section in the phrase at the end which reads ``See 45 
CFR 1304.52(g)(4)'', remove the number ``(4)'' and replace it with 
``(2)''.
    6. In Sec. 1304.22, add the OMB Control Number in a parenthetical 
sentence at the end of the section to read as follows:


Sec. 1304.22  Child health and safety.

* * * * *
(The information collection requirements are approved by the Office of 
Management and Budget (OMB) under OMB Control Number 0970-0148 for 
paragraph (c).)
    7. In Sec. 1304.23, add the OMB Control Number in a parenthetical 
sentence at the end of the section to read as follows:


Sec. 1304.23  Child nutrition.

* * * * *
(The information collection requirements are approved by the Office of 
Management and Budget (OMB) under OMB Control Number 0970-0148 for 
paragraph (a).)


Sec. 1304.40  [Corrected]

    8. In Sec. 1304.40(a) (2) and (3) remove the capital letters from 
``Family Partnership Agreements'' and ``Agreement'' and in their place 
add the lower case. At the end of paragraph (i)(4) of this section, add 
in parentheses ``(See 45 CFR 1306.33 regarding the home-based program 
option.)''. Add the Office of Management and Budget Control Number in a 
parenthetical sentence at the end of the section to read as follows:

[[Page 2314]]

Sec. 1304.40  Family partnerships.

* * * * *
(The information and collection requirements are approved by the Office 
of Management and Budget (OMB) under OMB Control Number 0970-0148 for 
paragraph (a).


Sec. 1304.41  [Corrected]

    9. In Sec. 1304.41(b), after the word ``includes'' add the words 
``Head Start parents,''. In this same paragraph add a comma after the 
word ``professionals'' and add the word ``other'' before the word 
``volunteers''. Add the Office of Management and Budget Control Number 
in a parenthetical sentence at the end of the section to read as 
follows:


Sec. 1304.41  Community partnerships.

* * * * *
(The information collection requirements are approved by the Office of 
Management and Budget (OMB) under OMB Control Number 0970-0148 for 
paragraph (a).)


Sec. 1304.50  [Corrected]

    10. In Sec. 1304.50(b)(3), after the words ``low-income children 
and families'' remove the period and add a comma in its place, remove 
``Community representatives may'', and remove ``include'' and add 
``including, for example,'' in its place. In paragraph (d)(1)(iii) at 
the end, remove the phrase ``(this regulation is binding on Policy 
Councils exclusively)''. Remove paragraph (d)(1)(ix) of this section 
and redesignate paragraphs (d)(1)(x) through (d)(1)(xii) as paragraphs 
(d)(1)(ix) through (d)(1)(xi), respectively. In paragraph (e)(3), 
remove the words ``Governing Board'' and in its place add ``governing 
body''. Add the Office of Management and Budget Control Number in a 
parenthetical sentence at the end of the section to read as follows:


Sec. 1304.50  Program governance.

* * * * *
(The information and collection requirements are approved by the Office 
of Management and Budget (OMB) under OMB Control Number 0970-0148 for 
paragraphs (f), (g), and (h).)

Appendix A--[Corrected]

    11. In Appendix A, make corrections as follows:
    A. Under I. Planning, the ``Function'' column, remove the sentence 
at the end of paragraph (a) which reads ``(this regulation is binding 
on Policy Councils exclusively.)''.
    B. In paragraph (b) under II. General Procedures, in the Grantee 
Agency/Policy Council column, remove the ``C'' and add in its place 
``--'' to show the space is now blank and on the same line in the 
Delegate Agency/Policy Committee column remove the letter ``C'' and add 
in its place ``--'' to show the space is now blank.
    C. Under II. General Procedures, in paragraph (g), at the 
beginning, remove ``1304.50(d)(1)(ix)''.
    D. Under III, Human Resources Management:
    (1) In paragraph (a) remove ``1304.50(d)(1)(x)'' and add in its 
place ``1304.50(d)(1)(ix)''.
    (2) In paragraph (b) remove ``1304.50(d)(1)(xi)'' and add in its 
place ``1304.50(d)(1)(x)''.
    (3) In paragraph (c) remove ``1304.50(d)(1)(xii)'' and add in its 
place ``1304.50(d)(1)(xi)'', and in the column on Grantee Agency/
Governing body remove ``C'' and add in its place ``A''.
    (4) In paragraph (d) remove ``1304.50(d)(1)(xi)'' and add in its 
place ``1304.50(d)(1)(x).''
    (5) In paragraph (e), remove ``1304.50(d)(1)(xii)'' and add in its 
place ``1304.50(d)(1)(xi)'', and under the Delegate Agency/Governing 
body column, remove the ``C'' and add in its place ``A''.


Sec. 1304.51  [Corrected]

    12. At the end of Sec. 1304.51(a)(1)(iii), add the sentence ``See 
the requirements of 45 CFR parts 1305, 1306, and 1308.''. Add the 
Office of Management and Budget Control Number in a parenthetical 
sentence at the end of the section to read as follows:


Sec. 1304.51  Management systems and procedures.

* * * * *
(The information and collection requirements are approved by the Office 
of Management and Budget (OMB) under OMB Control Number 0970-0148 for 
paragraphs (a) and (i).)


Sec. 1304.52  [Corrected]

    13. In Sec. 1304.52(j)(1) add a set of parentheses around the words 
``that includes screening for tuberculosis''. Add the Office of 
Management and Budget Control Number in a parenthetical sentence at the 
end of the section to read as follows:


Sec. 1304.52  Human resources management.

* * * * *
(The information and collection requirements are approved by the Office 
of Management and Budget (OMB) under OMB Control Number 0970-0148 for 
paragraph (j).)
    14. In Sec. 1304.60 add the Office of Management and Budget Control 
Number in a parenthetical sentence at the end of the section to read as 
follows:


Sec. 1304.60  Deficiencies and quality improvement plans.

* * * * *
(The information and collection requirements are approved by the Office 
of Management and Budget (OMB) under OMB Control Number 0970-0148 for 
paragraphs (b) and (c).)

PART 1305--ELIGIBILITY, RECRUITMENT, SELECTION, ENROLLMENT AND 
ATTENDANCE IN HEAD START

    15. The authority citation for Part 1305 continues to read as 
follows:

    Authority: 42 U.S.C. 9801 et seq.


Sec. 1305.3  [Corrected]

    16. In Sec. 1305.3(b) remove the words ``and delegate agency'' and 
``or delegate's''. In paragraph (d) of this section remove ``or 
delegate agency''. Revise the Office of Management and Budget Control 
Number parenthetical sentence at the end of the section to read as 
follows:


Sec. 1305.3.  Determining community strengths and needs.

* * * * *
(The information collection requirements are approved by the Office of 
Management and Budget (OMB) under OMB Control Number 0970-0124 for 
paragraphs (b) and (d).)

PART 1306--HEAD START STAFFING REQUIREMENTS AND PROGRAM OPTIONS

    17. The authority citation for Part 1306 continues to read as 
follows:

    Authority: 42 U.S.C. 9801 et seq.


Sec. 1306.30  [Corrected]

    18. In Sec. 1306.30(c) in the second sentence, remove the comma 
before the words ``at a minimum'', remove the words ``at a minimum,'', 
remove the word ``the'' before the word ``safety'', add the words 
``health and'' before the word ``safety'', and remove the words ``of 
facilities'' and add the word ``as'' in its place.

[FR Doc. 98-961 Filed 1-14-98; 8:45 am]
BILLING CODE 4184-01-P