[Federal Register Volume 64, Number 27 (Wednesday, February 10, 1999)]
[Rules and Regulations]
[Pages 6527-6529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3135]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 55

[USCG-1998-3821]
RIN 2115-AF48


Coast Guard Child Development Services Programs

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing child development services for 
eligible children of the Department of Transportation military and 
civilian personnel and eligible children of armed forces members and 
federal civilian employees. This rule also establishes the basis for a 
``total family income'' sliding fee schedule to make child care more 
affordable for lower-income families in center-based programs.

DATES: This final rule is effective March 12, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the Docket Management Facility, (USCG-1998-
3821), U.S. Department of Transportation, room PL-401, 400 Seventh 
Street SW., Washington, DC 20590-0001.

FOR FURTHER INFORMATION CONTACT: For questions on this rule, contact 
Elaine Sweetland or Jessie Broadway, Office of Work-Life, Coast Guard, 
telephone 202-267-6727/6728. For questions on viewing, or submitting 
material to, the docket, contact Dorothy Walker, Chief, Dockets, 
Department of Transportation, telephone 202-366-9329.


[[Page 6528]]


SUPPLEMENTARY INFORMATION:

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.

[[Page 6529]]

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