[Federal Register Volume 65, Number 141 (Friday, July 21, 2000)]
[Rules and Regulations]
[Pages 45301-45305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18316]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Substance Abuse and Mental Health Services Administration (SAMHSA)

45 CFR Part 96

RIN 0930-AA04


Application Deadline for the Substance Abuse Prevention and 
Treatment (SAPT) Block Grant Program

AGENCY: HHS.

ACTION: Final Rule.

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SUMMARY: On February 4, 2000, the Department of Health and Human 
Services (HHS) published a Notice of Proposed Rulemaking (NPRM) 
proposing a new submission date for its Substance Abuse Prevention and 
Treatment (SAPT) Block Grant program under section 1921 of the Public 
Health Service (PHS) Act which authorizes the Secretary to provide 
block grants to States for the purposes of prevention and treatment of 
substance abuse which includes alcohol and other drugs. The Secretary 
requested comments on the NPRM and gave 45 days for individuals to 
submit their comments to the Department. The Secretary has considered 
the comments received during the open comment period and has finalized 
the rule.

EFFECTIVE DATE: August 21, 2000.

FOR FURTHER INFORMATION CONTACT: Thomas M. Reynolds, Room 13C-20, 
Parklawn Bldg., 5600 Fishers Lane, Rockville, MD 20857 Tel. (301)443-
0179.

SUPPLEMENTARY INFORMATION: The Department is finalizing the rule 
entitled ``Application Deadline for SAPT Block Grant Program,'' 45 CFR 
Part 96, which was published as a NPRM in the Federal Register on 
February 4, 2000 (65 FR 5474).

Background on the Notice of Proposed Rulemaking and Summary of 
Responses to Public Comment

A. Notice of Proposed Rulemaking (NPRM)

    When SAMHSA first implemented the SAPT Block Grant program a 
primary concern was affording States sufficient time to develop the 
increased information required to apply for a grant under this program 
as compared to the generally less detailed application required under 
the predecessor Alcohol, Drug Abuse, and Mental Health Services Block 
Grant program administered by the Alcohol, Drug Abuse, and Mental 
Health Administration. This was accomplished by affording States the 
opportunity to submit their applications as late as March 31, fully six 
months into the Federal fiscal year (FFY) for which funding is 
requested (See 45 CFR 96.122(d)). This relatively late receipt date 
results in insufficient time to administer the SAPT Block Grant program 
in accordance with all the governing provisions of law. This is most 
noted under circumstances calling for the clarification of application 
data and, if necessary, the conduct of hearings in a timely manner and 
consistent with the requirements of section 1945(e) of the Public 
Health Service (PHS) Act.
    States are now fully aware of the application requirements and can 
reasonably be expected to respond to an earlier submission date. 
Accordingly, starting with Federal fiscal year 2001, the Department 
proposed to establish a new date of October 1 of the Federal fiscal 
year for which Block Grant funding is being requested for receipt of 
applications for such funding. However, if a State determines that it 
will not be able to submit by October 1 either the report as required 
at 45 CFR 96.130(e) on Synar enforcement efforts and State success in 
reducing youth access to tobacco products during the preceding Federal 
fiscal year, or the information on maintaining State expenditures (MOE) 
during the preceding year as required at 45 CFR 96.134(d), the State, 
under the proposed rule, could request an extension of the due date(s) 
for a limited period, not to extend past December 31 of the Federal 
fiscal year for which application is made. The request for the 
extension would need to be signed by the official with the authority to 
apply for the grant or the Governor, and be submitted no later than 
September 1 of the prior Federal fiscal year. Under the proposed rule, 
the extension request must indicate for which requirement the extension 
is requested; include an explanation of why the State is unable to 
comply with the due date of October 1; state the date of submission the 
State is requesting; and discuss whether there are steps the State can 
take to avoid requiring an extension in future years. Extensions for 
the deadlines for these requirements are to be granted in writing by 
the SAMHSA official with delegated authority to grant the extension. 
All other components of the SAPT Block Grant application not covered by 
the extension are due by October 1 of the Federal fiscal year for which 
funds are being sought.
    After considering the comments on the NPRM, HHS is finalizing the 
rule as proposed. Below is the Department's response to the comments to 
the proposed rule.

B. Public Comments and the Department's Responses

    The Department received comments from 9 States and one national 
organization, the National Association of State Alcohol and Drug.
    Abuse Directors (NASADAD), during the 45-day comment period. All 
written comments were reviewed and taken into consideration in the 
preparation of the final rule. The substantive concerns raised in the 
public comments and the Department's responses to the comments are set 
out below. Similar comments are considered together.
    One commenter, the national organization, indicated that the 
proposed change will negatively impact half of the 60 SAPT Block Grant 
applicants. The commenter stated that while some States may be able to 
complete their applications earlier than others, this may be due to the 
fact that their State fiscal years, data collection, and reporting 
systems are more consistent with the Federal fiscal year, or because 
they have additional staff or resources to commit to the processes of 
planning, collecting and analyzing data, and reporting information. 
However, for the other half of the States that submit their application 
between October 1 and March 31, the proposed rule would create a 
hardship. Five other commenters expressed similar concerns related to 
their specific States, with one State commenting that the change to 
advance the application date should be delayed for at least one year.
    SAMHSA has engaged in a number of interactions with the States 
regarding the proposed change in due date for the Block Grant 
application as follows:
    Regional Team Building Workshops: The first formal discussions of 
the proposed change in the application due date were held at these 
regional workshops. Fifty-eight of 60 Single State Agency Directors and 
their Staff as well as NASADAD attended at least one of this series of 
meetings held in San Antonio, Texas (December 8-9, 1998), Hilton Head 
Island, South Carolina (March 2-3, 1999), Providence, Rhode Island 
(April 13-14, 1999), and Juneau, Alaska (May 25-26, 1999). Some States 
indicated that they would not be able to comply with the new due date

[[Page 45302]]

requirement unless they could delay reporting MOE and Synar 
information. As a result, SAMHSA decided to propose a 90-day extension 
for Synar and MOE data reporting.
    State by State inquiry: In developing the proposed rule, SAMHSA 
queried the States in July 1999 as to their ability to meet the 
proposed deadline. All States responded that, while the change would 
pose some difficulty for some of them, they would be able to meet the 
deadline given the ability to receive extensions for the required Synar 
and MOE data. Although some States may need to make some changes in 
internal procedures, the Department believes the earlier application 
date is feasible, and the fact that we received few comments on this 
proposal reinforces our belief that States can adapt to the earlier due 
date.
    NASADAD Annual Meeting: On June 5, 2000, SAMHSA staff discussed 
this issue with the States again at the NASADAD Leadership Forum in 
Reno, Nevada. The States responded that the task could be accomplished 
if the extensions were made available.
    National Meeting: On June 22 and 23, 2000, at the Center for 
Substance Abuse Treatment's (CSAT) Fifth State Systems Development 
Program (SSDP), in Orlando, Florida, the Director of CSAT's Division of 
State and Community Assistance presented two workshops around Block 
Grant Administration issues in which most of the Single State Agency 
Directors participated. Again, the States responded that they can 
submit the application on October 1 if SAMHSA can provide the 
opportunity for an extension until December 31 for Synar or MOE 
reporting.
    Two States also said that they would have difficulty because their 
public review and comment processes are currently (and have been since 
1993) established around the March 31 deadline. It would, therefore, 
take time to change these long established procedures and mechanisms at 
the State level. The Department recognizes that these States will need 
to change these procedures but believes that the States and their 
constituent groups should be able to accommodate an October 1 deadline. 
Further, as we indicated in the NPRM, published in early February, 
States should be preparing to move toward an October 1 due date.
    Commenters were concerned that the Block Grant applications and 
instructions have historically been received by the States from SAMHSA 
between May and September prior to the start of the Federal fiscal year 
for which they were applying. One State expressed concern but supported 
the rule change as long as this issue is addressed. We agree that the 
provision of application forms and instructions to the States so close 
to the next Federal fiscal year would not be appropriate with an 
October 1 deadline. SAMHSA has anticipated this problem, and consistent 
with one commenter's request that the application forms be available 
about six months prior to the due date, the FY 2001 Block Grant 
application forms and software were sent to all 60 Block Grant 
applicants by overnight mail on April 3, 2000. SAMHSA will continue 
this practice of providing sufficient lead time.
    Two commenters indicated that recent changes, such as the 
requirement for multi-year reporting on the 16 Federal goals in the 
Federal fiscal year 2000 Block Grant application, have, in their view, 
added more work to complete the application. In turn, this increases 
the potential difficulty States will face in complying with the change 
in rule. However, the Department notes that the changes in the 
application simply consolidate previously existing reporting 
requirements into one place. These changes have been well received by 
most States that have discussed them with SAMHSA.
    Another State indicated that the Block Grant Application System 
(BGAS) software distributed to the States is cumbersome and not always 
compatible with State software. The Department notes, however, that 
approximately 85 percent of States utilize the BGAS software in 
submitting their applications. Further, SAMHSA maintains a help desk 
during office hours to assist States in using the system and has 
provided successful on-site technical assistance to those having 
difficulty. SAMHSA will offer individual assistance to this commenter.
    One State indicated that, although they have historically submitted 
their application in November, it would not have necessary MOE and 
Synar data available for the October due date. It should be noted that 
the Department has allowed for the opportunity for a State to seek an 
extension of the reporting date for this information until no later 
than December 31, which should accommodate this State's needs. With 
regard to the provision for an extension, a few States, and one in 
particular, stated a concern that the extension request provision is 
burdensome and unnecessary. Further, it was suggested that the due date 
not be changed, the due date be December 31, or that only a simple 
notification with the application should be required for granting an 
extension. We do not believe that the requirement to request an 
extension is unduly burdensome. States will, necessarily, have already 
considered their ability to submit a timely and complete application by 
the October 1 due date, and will be aware of the valid reasons why this 
is impossible. The requirement to submit an extension request is, 
therefore, simply a request to submit this reasoning in writing 
accompanied by a request for an extension. The suggestion that the due 
date not be changed from the current date is addressed elsewhere. The 
proposed alternative due date of December 31 would provide insufficient 
time to effectively address the needs we are addressing in this rule. 
Finally, the Department believes simply allowing an applicant to notify 
us that they will be taking until December 31 to submit an application 
component does not guarantee the level of attention by senior State 
officials which we believe essential to a process intended to assure 
extensions are an exception to normal practice. However, if a State 
wished to incorporate an extension request which fully complied with 
the requirements found in Sec. 96.122(d) into its application, and it 
submitted that application no later than September 1 of the prior 
Federal fiscal year, it would be eligible for consideration as a 
validly submitted extension request.
    Another commenter expressed concern that other required expenditure 
information will not be available by October 1. It should be noted, the 
application requires reporting on expenditures that occurred three 
years prior to the application submission, and it is the Department's 
belief that such expenditures data should be available to meet the 
October 1 due date.
    Three commenters stated that the reporting requirements for the 
Block Grant application have expanded to require increased reporting 
which makes it more difficult to meet an October 1 due date. These 
changes include expansion of Synar reporting requirements, reporting on 
planned and actual requirements for the supplemental funding authorized 
by Pub. L. 104-121, the addition of Form 10 (State Use of Needs 
Assessment Information), and extensive treatment and prevention outcome 
measures. One State is concerned that the new Sections IV-A and IV-B, 
(Voluntary Treatment and Prevention Performance Measures), will become 
``required'' at some point in the future. It should be noted that the 
reporting requirements related to Pub. L. 104-121 are minimal 
requirements necessary for reporting under the Block Grant, are time 
limited, and expire with the FFY 2001 application. Form 10 was added to 
correct a deficiency in reporting in previous applications and

[[Page 45303]]

was designed to require minimal increased effort. The voluntary 
reporting on outcome measures is the product of agreement and extensive 
consensus development with the States and the national organization, 
NASADAD. At this time, the reporting is voluntary and the measures are 
being further refined through the consensus process. Although there has 
been an increase in the reporting of data, the Department believes that 
these data can be reported by the October 1 due date.
    Several commenters stated that the SAPT Block Grant application is 
already a complex document that requires substantial involvement from 
both program and fiscal staff to complete. They believe the estimate 
provided in the NPRM of 60 additional hours required for the annual 
reporting burden as a result of the changed receipt date may lead to a 
perception that the proposed change in rule will pose no difficulties 
for grant applicants. Some commenters stated that they believe the 60 
hours is too low an estimate. The Department recognizes the complexity 
of the statutorily mandated reporting required by the Block Grant 
application. The Department also recognizes that the change in rule 
will require some adjustments in current practices. However, while 
changing the due date for submission of the SAPT Block Grant 
application, the Rule does not change the basic reporting requirements. 
Further, the Department believes that this change is necessary to meet 
its responsibilities under the Block Grant program in a timely manner. 
The comments regarding reporting burden are more fully discussed below 
in the ``Paperwork Reduction Act of 1995'' section.
    Three commenters stated that SAMHSA has limited staff to review 
each of the 60 Block Grant applications and that even if all 
applications were received on October 1 they believe it would be 
difficult for the SAMHSA State Project Officers to review all 60 
applications in a timely manner. It should be noted that SAMHSA, with 
NASADAD input, has instituted a rigorous SAPT Block Grant review and 
approval process and a complementary tracking system that holds SAMHSA 
State Project Officers accountable for a timely review of all Block 
Grants assigned to them. SAMHSA time lines are being adjusted to 
accommodate the change in rule.
    Two commenters recommended staggering the submission dates based on 
either the State fiscal year or their Synar circumstances. However, 
given the significant variances in State fiscal years and Synar 
circumstances the Department has sought to establish a process that 
most of the States have indicated will work for them.
    Three States and NASADAD expressed concerns related to the Synar 
reporting requirements and processes; these are fully discussed below.
    One State expressed concern regarding what it viewed as constant 
delays in the Federal review process due to frequent requirements for 
revisions of the Synar portion of the Block Grant application. The 
Department is aware that reporting on Synar activities requires time 
and resources in order to ensure that all the necessary data are 
included in the final report for review and analysis. However, the 
expressed concern is only true for States whose initial submission did 
not meet application requirements. In an effort to streamline the 
review process, SAMHSA has centralized the responsibilities for 
monitoring State Synar activities in the Division of State and 
Community System Development, System Development Branch. This change 
was implemented during the Federal fiscal year 2000 reviews. The 
Department believes that the new review process will facilitate the 
Synar report reviews and reduce the amount of time it takes to approve 
these reports. We note, however, that some States have experienced 
delays in funding when they have not met their negotiated Synar 
retailer compliance rates. The Department hopes that with the earlier 
application due date decisions will be made earlier in the Federal 
fiscal year. Further, the earlier deadline will allow SAMHSA more time 
to work with the States that are having Synar compliance problems, 
resulting in earlier funding decisions.
    Another State suggested that all States be required to develop a 
plan that would enable them to complete their Synar reporting 
requirements by the required October 1 deadline, thereby making it 
unnecessary to institute a process for granting extensions. SAMHSA 
believes that, given the fact that all but three States rely on youth 
for the conduct of the Synar inspections, and given the fact that the 
summer months are the time when most youth are available to participate 
in the Synar inspections, many States will not be able to complete the 
required number of inspections, analyze the survey data and report the 
results back to SAMHSA by October 1. These factors will likely result 
in a number of States needing extensions for submitting their Synar 
reports. While SAMHSA is not adopting the suggested requirement, we are 
willing to provide assistance and work with States that may choose this 
approach.
    Another State's comment made reference to specific circumstances 
for that State that seem to pose difficulties with meeting the October 
1 deadline for submitting the annual Synar report. SAMHSA understands 
this State's concerns and is willing to provide technical assistance to 
the State in order to assist with adjusting the State's time lines for 
completing annual Synar inspections (current deadline for completing 
all Synar inspections is September 30), and collecting and reporting 
Synar information. It is SAMHSA's intent to provide assistance to all 
States to support the timely submission of required Synar-related 
materials.
    The comment from NASADAD regarding Synar reporting focused on a 
concern about delays experienced by some States in securing SAPT Block 
Grant funding even when they believe they are in compliance with Synar 
requirements. While it is SAMHSA's desire to issue SAPT Block Grant 
awards as promptly as possible, if it is determined during the initial 
review that a Synar report is not complete, the State is asked to 
submit additional information to complete it. SAMHSA is only able to 
perform a thorough review of a State's application and make a 
determination of compliance with the Synar requirements after it 
receives a complete report from the State. In order to assure timely 
review, SAMHSA has implemented internal procedures designed to 
streamline the review process, including the development of enhanced 
and improved Synar plan reviews. The change to an October 1 due date 
for the Block Grant application should further enhance Federal review 
and approval of the applications. The earlier date provides SAMHSA 
additional time to work with the States in completing full and accurate 
applications in accordance with the Block Grant requirements. It also 
affords SAMHSA and the Department the time necessary to provide States 
with due process in the event that a State's application indicates 
possible non-compliance with Block Grant requirements.

Economic Impact

    This rule does not have cost implications for the economy of $100 
million, or otherwise meet the criteria for a major rule under 
Executive Order 12291, and therefore does not require a regulatory 
impact analysis. Further, this regulation will not have a significant 
impact on a substantial number of small entities, and therefore does 
not require

[[Page 45304]]

a regulatory flexibility analysis under the Regulatory Flexibility Act 
of 1980.

Federalism Impact

    As was detailed earlier in the preamble, SAMHSA consulted with the 
States concerning the proposed change in application due date. During 
1998 and 1999, SAMHSA discussed the proposed change at several regional 
team building workshops. As a result of these meetings, SAMHSA decided 
to propose a 90-day extension for Synar and MOE reporting. Also, SAMHSA 
staff participated in two National meetings where the States responded 
that the proposed task could be accomplished if extensions were made 
available for reporting MOE and Synar data. Further, in developing the 
proposed rule, SAMHSA queried all the States and the States indicated 
that it would not be an undue hardship on them to meet this new 
requirement if there can be an extension when necessary until December 
31 with regard to both maintenance of effort and Synar provisions.
    The primary concern set forth by the national organization, 
NASADAD, focused on the ability to obtain the critical information 
required for the SAPT Block grant application that would permit its 
inclusion by the proposed October 1 due date. Also, the national 
organization noted that while some States may be able to complete their 
applications earlier than others, this may be due to the fact that 
their State fiscal years, data collection, and reporting systems are 
more consistent with the Federal fiscal year, or because they have 
additional staff or resources to commit to the processes of planning, 
collecting and analyzing data, and reporting information. As a 
consequence of the meetings discussed in detail earlier in the 
preamble, and above, as well as the discussions with SAMHSA regarding 
such areas as making the application guidance and software available at 
the earliest possible date, and that guidance would be provided to the 
States for use in applying for extensions for MOE and Synar reporting, 
the Department believes that these concerns of the national 
organization have been addressed. Further, since Section 96.122(d) 
allows for an extension with regard to the MOE and Synar reporting 
elements of the application, we do not believe that there is a 
significant Federalism impact.

Regulatory Evaluation

    This proposal is not a significant regulatory action under Section 
3(f) of the Executive Order 12866 and does not require an assessment of 
the potential costs and benefits under Section 6(a)(3) of that Order 
and has been exempted from review by the Office of Management and 
Budget under that Order.

Paperwork Reduction Act of 1995

    This final rule contains information collection provisions which 
are subject to review by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995 (PRA)(44 U.S.C. 3507(d)). The 
title, description and respondent description of the information 
collections are shown in the following paragraphs with an estimate of 
the annual reporting burden. Included in the estimate is the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Title: Application Deadline for SAPT Block Grant Program.
    Description: The Secretary is issuing regulations to change the 
receipt date of SAPT Block Grant applications starting with the Federal 
Fiscal Year (FY) 2001 from March 31 to October 1. All elements of the 
application reporting requirements will be due October 1. However, 
States may request an extension of time for reporting State 
expenditures necessary to determine compliance with the Maintenance of 
Effort (MOE) requirement and/or to submit required Synar information 
for a period up to December 31. This change will allow HHS to review 
Block Grant applications and make Block Grant awards to all States 
earlier in the fiscal year. It will also provide additional time for 
sufficient planning in the event of any penalty actions that may be 
required, while recognizing the inability of some States to report the 
MOE and Synar data prior to December 31.
    Description of Respondents: State and tribal governments.
    In response to the Secretary's invitation in the NPRM to comment on 
the information collection requirements, three states and the national 
organization included comments on the response burden associated with 
the SAPT Block Grant application.
    Comment: Two commenters indicated that the annual application is a 
complex submission that requires much more time to prepare than the 60 
hours indicated.
    Discussion: The current burden estimate for the annual application 
(approved under OMB control number 0930-0080) is 655 hours per State. 
The 120 hours of burden shown for the first year and the 60 hours for 
future years reflect only additional burden associated with the change 
in the due date. This rule does not change those basic reporting 
requirements. It does add one burden hour per State annually for the 
purpose of sending a letter requesting an extension of the due date for 
reporting maintenance of effort and/or Synar. The new burden estimate 
assumes, conservatively, that all States will submit such a request.
    Change: None.
    Comment: Two States commented that the burden associated with the 
change in due date is much more than the estimate of one hour per 
State.
    Discussion: The Department recognizes the complexity of the 
statutorily mandated reporting required by the Block Grant application. 
This rule changes the due date for submission of the SAPT Block Grant 
application, but it does not change the basic reporting requirements 
for the SAPT Block Grant. There will be a need for some States to 
adjust their work schedules in order to submit the application by the 
new due date. However, because of the series of meetings and 
discussions with the national organization and its members, over the 
past two years, on the plan to change the due date, States have been 
aware of the planned change and have been planning for the transition. 
The additional burden hour per State estimated for the first year is in 
recognition of the transition.
    Change: None.
    Response burden estimate: Information collection language for the 
current rule is approved by OMB under control number 0930-0165 (Synar 
reporting requirements on youth access to tobacco) and control number 
0930-0163 (for all other aspects of the annual application). The 
Substance Abuse Prevention and Treatment Block Grant Uniform 
Application format for FY 2000-FY 2002 is approved by OMB under control 
number 0930-0080. None of the specifics of these reporting requirements 
are being changed. Only the due date of the Uniform Application is 
impacted by this final rule.
    At present, approximately half of all eligible Block Grant 
applicants routinely submit their Uniform Application for Block Grant 
funds on or before September 30 of the fiscal year preceding the fiscal 
year for which they are applying for funds. Approximately one half of 
all eligible applicants submit their uniform applications between 
October 1 and March 31 of the fiscal year for which block grant funds 
are being made available.
    SAMHSA recognizes that the earlier receipt date will have an impact 
on the applicants, particularly those that have

[[Page 45305]]

typically submitted their Uniform Application after September 30. Since 
the contents of the Uniform Application are not changing, it is 
difficult to estimate the additional response burden and associated 
costs for the first year of this change of receipt date (no additional 
burden is estimated for this change for future years). Therefore, a 
nominal response burden for each applicant of one hour is provided. In 
addition, it is conservatively assumed that all applicants will request 
an extension of the MOE and Synar reporting, and one hour is estimated 
for preparation of such a request.
    Thus, for the first year of implementation, total response burden 
is estimated at 120 hours. For subsequent years, the burden estimate is 
60 hours.

                                             Annual Reporting Burden
----------------------------------------------------------------------------------------------------------------
                                                     Number of     Responses per     Hours per
           45 CFR citation and purpose              respondents     respondent       response      Total  hours
----------------------------------------------------------------------------------------------------------------
96.122(d) Due date for annual report............              60               1               1              60
96.122(d) Extension requests associated with MOE              60               1               1              60
 and Synar......................................
    Total.......................................              60  ..............  ..............             120
----------------------------------------------------------------------------------------------------------------

    Individuals and organizations may submit comments on these burden 
estimates or any other aspect of these information collection 
provisions, including suggestions for reducing the burden, and should 
direct them to: SAMHSA Reports Clearance Officer, Room 16-105, Parklawn 
Building, 5600 Fishers Lane, Rockville, MD 20857.
    The information collection provisions in this final rule have been 
approved under OMB control number 0930-0163. This approval expires 
February 28, 2001. An agency may not conduct or sponsor, and a person 
is not required to respond to, a collection of information unless it 
displays a currently valid OMB control number.

List of Subjects in 45 CFR Part 96

    Alcohol abuse, Alcoholism, Confidentiality, Drug abuse, Health 
records, Tobacco use by minors.

    Dated: June 29, 2000.
Donna E. Shalala,
 Secretary.

    For the reasons set forth in the preamble, Subpart L of Part 96 of 
Title 45 of the Code of Federal Regulations is amended as follows:

PART 96--BLOCK GRANTS

    1. The authority citation for Subpart L of Part 96 continues to 
read as follows:

    Authority: 42 U.S.C. 300x-21 to 300x-35 and 300x-51 to 300x-64.

    2. Section 96.122(d) is revised to read as follows:


Sec. 96.122  Application content and procedures.

* * * * *
    (d) Beginning with the fiscal year 2001 application, the 
application (in substantial compliance with the statutory and 
regulatory provisions for the Block Grant) must be submitted no later 
than October 1 of the fiscal year for which Block Grant funding is 
being requested. The submission date for the report required by 
Sec. 96.130(e) to be submitted with the application and/or the 
information required by Sec. 96.134(b) may be extended for good cause 
shown in a request signed by the official authorized to apply for the 
Block Grant funding on behalf of the State, or the Governor. The State 
should request an extension for only the amount of time necessary. In 
no event will an extension be granted past December 31 of the fiscal 
year for which application is made. All requests to extend the due date 
must be submitted no later than September 1 of the prior fiscal year 
and addressed to the same address as specified for the grant 
application. Extension requests must state for which requirement an 
extension is sought, the date of submission sought, why the State is 
unable to meet the October 1 due date, and discuss if there are steps 
the State will be able to take to avoid requiring an extension in 
future years, or if not, why not. Extension requests complying with 
these requirements will be acted upon no later than September 20 of the 
fiscal year prior to the year for which application is to be made. Due 
date extensions regarding the Sec. 96.130(e) report and regarding the 
Sec. 96.134(d) information shall only be granted in writing. In order 
for an applicant to have complied with the requirements of section 
1932(a)(1) of the Public Health Service Act (42 U.S.C. 300x-32(a)(2)), 
it is necessary that the components of the application have been 
submitted by the date indicated or as extended pursuant to this 
paragraph.
* * * * *
[FR Doc. 00-18316 Filed 7-20-00; 8:45 am]
BILLING CODE 4162-20-P