[Federal Register Volume 67, Number 188 (Friday, September 27, 2002)]
[Rules and Regulations]
[Pages 60999-61000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24611]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Part 2552

RIN 3045-AA30


Foster Grandparent Program; Amendments

AGENCY: Corporation for National and Community Service.

ACTION: Final rule.

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SUMMARY: These amendments to the Final Regulation governing the Foster 
Grandparent Program include: providing increased flexibility to 
sponsors to determine the hours of service of Foster Grandparents; 
reducing restrictions on sponsors serving as volunteer stations; 
clarifying what income should be counted for purposes of determining 
income eligibility of an applicant to become a stipended Foster 
Grandparent; and improving access of persons with limited English 
speaking proficiency.

DATES: The amendments are effective October 28, 2002.

FOR FURTHER INFORMATION CONTACT: Peter L. Boynton, 202-606-5000, ext. 
499.

SUPPLEMENTARY INFORMATION: The Corporation published a notice of 
proposed rulemaking (NPRM) for the Foster Grandparent Program, 45 CFR 
part 2552, in the Federal Register at 67 FR 18847, dated April 17, 
2002.

Summary of Main Comments

    In response to the Corporation's invitation in the NPRM, the 
Corporation received 20 letter and/or email responses addressing the 
proposed amendments to the Foster Grandparent rules. Ten were in full 
support of all of the proposed rules. One expressed support for the 
amendment concerning volunteer stations, without commenting on other 
provisions. Two expressed support for the amendment concerning service 
hours and/or projecting income, without commenting on the other 
provisions. Six supported lowering the service hour requirement to 10 
hours and one sought a clarification. None opposed any of the proposed 
amendments. Following are the Corporation's responses to comments 
received:
    Comment: With reference to Sec.  2552.51, supported the lowering of 
the service requirement to a minimum of 10 rather than 15 hours per 
week.
    Response: The Corporation understands the interest of some 
respondents to lower further the minimum service requirement. However, 
considering overall experience and the other comments received, the 
Corporation believes the proposed minimum of 15 hours provides sponsors 
and volunteers with sufficient flexibility.
    Comment: With reference to Sec.  2552.42(b), suggests that 
projected income should also be used in the case of Foster Grandparents 
who have experienced a change in circumstance.
    Response: The provisions of Sec.  2552.42 (b) provide for serving 
stipended Foster Grandparents that their annual income is counted for 
the past 12 months. If their income has decreased, they would remain 
eligible to receive a stipend. If it has increased, then the annual 
review of income eligibility specified in Sec.  2552.23(h) would 
determine whether they continue to remain eligible for a stipend.
    Comment: With reference to Sec.  2552.51, asks how projects are 
expected to pay stipends of volunteers serving as much as 2088 hours 
per year.
    Response: While the amended Sec.  2552.51 provides that a single 
Foster Grandparent may serve up to 2088 hours per year, each sponsor's 
notice of grant award provides for delivery of an agreed upon number of 
volunteer service years (VSYs), defined as 1044 hours. Therefore, when 
the amendment goes into effect, the service of a single Foster 
Grandparent for 2088 hours will be equivalent to two VSYs.

[[Page 61000]]

Impact of Various Acts and Executive Orders

    After carefully reviewing the changes implemented by this 
amendment, it was determined that:
    (1) This was a significant regulatory action under section 3(f)(4) 
of Executive Order 12866 ``Regulatory Planning and Review'', and 
required a review by the Office of Management and Budget;
    (2) The Corporation hereby certifies that the Regulatory 
Flexibility Act does not apply because there is no ``significant 
economic impact on a substantial number of small entities';
    (3) That the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter 
25, subchapter II) does not apply because the amendment does not result 
in any annual expenditures of $100 million by State, local, Indian 
Tribal governments or the private sector;
    (4) That the Paperwork Reduction Act does not apply because the 
amendments do not impose any additional reporting or record-keeping 
requirements;
    (5) That the Small Business Regulatory Enforcement Fairness Act of 
1996 does not apply because it is not a major rule as defined by 
section 251 of the Small Business Regulatory Enforcement Fairness Act 
of 1996, and would not result in an annual effect on the economy of 
$100 million or more; result in an increase in cost or prices; or have 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets; and
    (6) That Executive Order 13132, ``ralism'' does not apply because 
it would not have substantial direct effects on the States or the 
relationship between the national government and the States.

List of Subjects in 45 CFR Part 2552

    Aged, Grant programs--social programs, Volunteers.


    For the reasons set forth in the preamble, the Corporation for 
National and Community Service amends 45 CFR part 2552 as follows:

PART 2552--FOSTER GRANDPARENT PROGRAM

    1. The authority citation for part 2552 continues to read as 
follows:

    Authority: 42 U.S.C. 4950 et seq.


    2. Revise Sec.  2552.23(c)(2)(iv) to read as follows:


Sec.  2552.23  What are a sponsor's program responsibilities?

* * * * *
    (c) * * *
    (2) * * *
    (iv) That states the station assures it will not discriminate 
against Foster Grandparents or in the operation of its program on the 
basis of race; color; national origin, including individuals with 
limited English proficiency; sex; age; political affiliation; religion; 
or on the basis of disability, if the participant or member is a 
qualified individual with a disability; and
* * * * *

    3. In Sec.  2552.42, revise paragraph (b) to read as follows:


Sec.  2552.42  What income guidelines govern eligibility to serve as a 
stipended Foster Grandparent?

* * * * *
    (b) For applicants to become stipended Foster Grandparents, annual 
income is projected for the following 12 months, based on income at the 
time of application. For serving stipended Foster Grandparents, annual 
income is counted for the past 12 months. Annual income includes the 
applicant or enrollee's income and that of his/her spouse, if the 
spouse lives in the same residence. Sponsors shall count the value of 
shelter, food, and clothing, if provided at no cost by persons related 
to the applicant, enrollee, or spouse.
* * * * *

    4. Revise Sec.  2552.51 to read as follows:


Sec.  2552.51  What are the terms of service of a Foster Grandparent?

    A Foster Grandparent shall serve a minimum of 15 hours per week and 
a maximum of 40 hours per week. A Foster Grandparent shall not serve 
more than 2088 hours per year. Within these limitations, a sponsor may 
set service policies consistent with local needs.

    5. Revise Sec.  2552.61 to read as follows:


Sec.  2552.61  May a sponsor serve as a volunteer station?

    Yes, a sponsor may serve as a volunteer station, provided this is 
part of the application workplan approved by the Corporation.

    Dated: September 23, 2002.
Tess Scannell,
Director, National Senior Service Corps.
[FR Doc. 02-24611 Filed 9-26-02; 8:45 am]
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