[Federal Register Volume 69, Number 11 (Friday, January 16, 2004)]
[Rules and Regulations]
[Pages 2513-2517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1096]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 1310

RIN 0970-AC16


Head Start Program

AGENCY: Administration on Children, Youth and Families (ACYF), 
Administration for Children and Families (ACF), DHHS.

ACTION: Interim final rule with request for comments.

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SUMMARY: This interim final rule will extend for 150 days those parts 
of the Head Start transportation regulation that deal with the 
requirement that each vehicle used to transport children is equipped 
for use of child safety restraint systems and the requirement that each 
bus have a bus monitor. Additionally, these rules will provide Head 
Start grantees the opportunity to request further extension of the 
effective date when such an extension is in the best interest of the 
children they serve.

DATES: These regulations are effective February 17, 2004. In providing 
this 30 day delay of the effective date, ACF is complying with section 
644(d) of the Head Start Act which requires that at least 30 days prior 
to the effective date, all rules, regulation, and application forms 
shall be published in the Federal Register and shall be sent to each 
grantee with the notification that each such grantee has the right to 
submit comments prior to the final adoption thereof as well as the 
relevant requirements of the Administrative Procedures Act by 
publishing the notice of the interim final regulations in the Federal 
Register as well as mailing copies to individual grantees.
    Consideration will be given to comments received by March 16, 2004.

ADDRESSES: You may submit your comments in writing to the Associate 
Commissioner, Head Start Bureau, 330 C Street, SW., Washington, DC 
20447. Comments will be available for public inspection Monday through 
Friday 8:30 a.m. to 5 p.m. at the Department's offices at the above 
address. You may also transmit written comments electronically via the 
Internet at:
http://regulations.acf.hhs.gov gov.

FOR FURTHER INFORMATION CONTACT: Craig Turner, (202) 205-8572.

SUPPLEMENTARY INFORMATION:

Justification for Interim Final Rule

    The Administrative Procedure Act requirements for notice of 
proposed rulemaking (NPRM) do not apply to rules when the agency for 
good cause finds, and incorporates the finding, and a brief statement 
of the reasons therefore in the rules issued, that notice thereon is 
impracticable, unnecessary or contrary to the public interest. The 
Department believes that amending certain provisions of the Head Start 
transportation regulations under 45 CFR part 1310, before their current 
effective date of January 20, 2004 is of such importance, that 
publishing a notice of proposed rulemaking would be contrary to the 
public interest.
    Since the publication of 45 CFR part 1310, the Department has been 
informed of what we believe to be significant issues which, if not 
addressed, could result in many children being denied transportation 
services to and from their Head Start program and many grantees being 
cited with deficiencies which could lead to the termination of their 
Head Start grants. Furthermore, the Department is now aware of several 
new factors which have only come to the Department's attention since 
promulgation of the final rule and believes these factors warrant 
reconsideration of some of the requirements of this regulation.
    Many Head Start programs operate coordinated transportation 
programs in which they arrange for other agencies to provide 
transportation services, often at reduced or no cost to the program. In 
addition, many Head Start grantees that are local school systems 
provide, using the school system's resources, free transportation to 
Head Start children. It has come to the Department's attention

[[Page 2514]]

that many such arrangements integrate Head Start children into the on-
going transportation system administered by the school system or other 
transportation provider. Head Start children ride the same bus as 
school age children and often represent only a few of the several dozen 
children on the bus. In considering the impact of this regulation, the 
Department did not fully appreciate the impact on such arrangements but 
rather was more focused on those programs with dedicated buses; that is 
buses on which only Head Start children are transported. Many school 
systems, and other transportation providers, forced to conform to the 
requirements of child restraint systems and monitors have indicated 
they will discontinue transportation services for Head Start children. 
This will not only diminish Head Start's ability to engage as a 
community player with other local organizations but will result in many 
Head Start grantees choosing to discontinue the provision of 
transportation services, as such services are not mandated. This will 
likely disenfranchise many families with no ability to get their 
children to and from the Head Start center and will pose significant 
safety risks for other children who now instead of being transported on 
a school bus will be transported in private vehicles which have been 
shown in studies by the National Highway Transportation Safety 
Administration (NHTSA) to put children at greater risk. We believe it 
more prudent to explore with the Department's transportation partners 
what alternatives might be available to assure children continue to be 
safely transported on school buses.
    We have also come to understand that some earlier assumptions about 
possible options for implementing this regulation may have not been 
entirely correct. For example, requiring child restraint systems often 
times requires retrofitting a bus to make the installation of such 
seats possible and such retrofitting can, in and of itself, cause 
safety issues that may put children at risk. In addition, we have also, 
since the regulation's publication, been informed that one of the major 
requirements--that children up to 50 pounds be secured in child 
restraint systems should be reconsidered. This requirement was based on 
the National Highway Transportation and Safety Administration's (NHTSA) 
standards which were developed for restraint systems used in passenger 
vehicles. Crash testing by NHTSA with pre-school size dummies in school 
buses suggests that, because of the compartmentalization of a bus, only 
children less than 40 pounds need to be seated in child restraint 
systems. The Department believes regulations which may implement 
inappropriate requirements should be revisited.
    Another consideration that led the Department to conclude an 
Interim Final Regulation is appropriate is our better understanding of 
some of the consequences which may result in grantees not fully 
implementing these requirements. Specifically, Head Start grantees 
which, during an on-site monitoring visit, were determined to not be 
complying with the restraint system/monitor requirement would be 
designated as deficient, and these programs would face the threat of 
having their grants terminated if they did not immediately bring their 
programs into compliance. This could result in many programs choosing 
to relinquish their transportation programs, only to discover that some 
months later, the Department had, through an NPRM process, chosen to 
provide an opportunity for an extension of the effective date; thus 
causing considerable disruption to those grantees and their enrolled 
children and families. Such grantees would then need to try and 
reimplement transportation programs which had been put in abeyance. 
Causing this type of situation in order to follow the full process of 
an NPRM seems unnecessary and unreasonable. There seems little gain in 
forcing those programs discovered to be not complying with this 
regulation (i.e. those grantees monitored for the first several months 
after January 20) to remedy a situation which may become moot in a 
relatively short time period.
    The Department sought other solutions to ensure timely and 
effective implementation of the requirements for bus monitors and child 
safety restraint systems but determined that none were practicable and 
that rulemaking is necessary. For example, several grantees sought 
relief from these requirements through the waiver authority provided 
under existing Head Start regulations at 45 CFR 1310.2(c). However, we 
determined that the limited waiver authority provided under the 
regulations did not envision the types of problems grantees are facing 
and that these grantees would not meet the test set out in regulations. 
Similarly, we attempted to assist grantees in meeting these rules 
through the provision of technical assistance. However, as discussed 
earlier, the issues involved are varied and widespread and cannot be 
addressed through the normal technical assistance route which offers 
limited one-time funding to assist individual grantees.
    Therefore, the Department has determined that an Interim Final 
Regulation providing grantees a short-term extension of 150 days with 
the opportunity to request a longer extension of the effective date for 
child safety restraints and monitors when such an extension would be in 
the best interest of children they serve is warranted. Moreover, the 
Department will carefully consider appropriate solutions to the issues 
discussed above and, should changes to the current regulation be 
warranted, will pursue appropriate changes to the Head Start 
transportation regulation through a notice of proposed rulemaking.
    In accordance with Section 644(d) of the Head Start Act as well as 
the relevant requirements of the Administrative Procedures Act, we are 
publishing notice of the interim final regulation and mailing copies to 
individual grantees 30 days prior to the effective date.

Background

    On January 18, 2001, the final Head Start transportation regulation 
was published in the Federal Register (66 FR 5296). This regulation, 
under 45 CFR part 1310, contains several requirements designed to 
assure that Head Start children are safely transported to and from Head 
Start centers and apply to all Head Start and Early Head Start programs 
that provide transportation either directly, using program owned or 
leased vehicles, or through arrangements with private or public 
transportation providers, including local education agencies (LEAs).
    Different effective dates are included in the regulations for 
different requirements. The requirement, for example, that children be 
transported in school buses or allowable alternate vehicles does not 
take effect until January 18, 2006 while the requirement that each 
vehicle used to transport children is equipped for use of child safety 
restraint systems takes effect two years earlier on January 20, 2004.
    This rule defers the effective date of the child safety restraint 
(45 CFR 1310.11) and the attendant bus monitor requirements (45 CFR 
1310.15(c)) for 150 days and provides grantees the opportunity to 
request the date for their individual compliance be extended to not 
later than January 18, 2006, concurrent with the effective date of the 
school bus requirement, when such an extension would be in the best 
interest of the children they serve.

[[Page 2515]]

Provisions of the Regulation

    As indicated above, two sections of the regulations are scheduled 
to become effective on January 20, 2004; specifically, the regulations 
related to child safety restraints (45 CFR 1310.11) and bus monitors 
(45 CFR 1310.15(c)). Section 1310.11 requires that vehicles used to 
transport children weighing 50 pounds or less be equipped for use of 
child safety restraint systems compliant with Federal Motor Vehicle 
Safety Standard (FMVSS) 213. Section 1310.15(c) states that vehicles 
must be staffed with at least one bus monitor in addition to the 
driver.
    We believe that implementation of these two requirements should be 
deferred while the Department of Health and Human Services considers to 
what extent, if any, exceptions to these two requirements should be 
permitted.
    Many Head Start agencies are local school systems that have agreed 
to provide, as a local contribution, free transportation services to 
enrolled Head Start children. Other agencies have arranged coordinated 
transportation services with local school districts, often receiving 
these services at no cost or reduced cost to the program. Integrating 
Head Start children into regular bus routes is often the most efficient 
and effective way to transport young children who may be widely 
dispersed over an agency's service area. In many of these collaborative 
arrangements Head Start children are picked up along with K-12 school 
children that live in the same neighborhood. In these situations, Head 
Start children often represent no more than a few pupils on a large 
school bus. All of the other pupils weigh more than the amount at which 
child safety restraint systems are needed. The need to reconfigure 
seats to install child safety restraint systems for these few Head 
Start children, the reduction in the total number of children that can 
be transported on a modified bus, and multiple daily bus runs all 
combine to create significant obstacles for school systems and other 
agencies.
    Of potentially greater impact is that each such bus, under current 
requirements, would need to have at least one monitor, irrespective of 
how few Head Start children might be on the bus. This could be 
prohibitively expensive if a monitor's salary is amortized among, for 
example, only three or four children. While many would support the 
argument that having a monitor on a bus filled with preschool age 
children would be appropriate, it is less clear that providing a 
monitor for three preschool age children is either appropriate or cost 
effective. In fact, the final rule published in 2001 included a 
discussion of alternatives for reducing the expense of providing 
monitors by having individual volunteers fill the role or by assigning 
bus monitor duties to individuals who are employed most of the time in 
filling other roles in the Head Start program but these alternatives 
are not practical when an agency other than a grantee is operating the 
bus.
    Our concern is that these requirements will result in school 
systems and other contracted providers discontinuing the provision of 
transportation to Head Start children. This is an issue either because 
the monitor costs are prohibitively high or because the child safety 
restraint requirement will result in schools needing more buses to 
transport fewer children, again resulting in increased costs. Head 
Start grantees without free transportation services will need to either 
discontinue transportation services, forcing parents to transport 
children to and from Head Start centers--with all the potential safety 
issues such a situation could entail--or reduce enrollment in order to 
free up sufficient funds to pay for what had previously been a free 
service.
    A few examples illustrate this point.
    A school district in Kentucky serves over 97,000 students K-12. 
Approximately 3,900 Head Start children are transported by the district 
on 266 school buses. Adding child safety restraints would reduce the 
seating capacity of these buses, requiring the school district to 
purchase additional buses and add bus runs. Hiring 266 monitors would 
cost millions of dollars and be cost prohibitive.
    At least ten school districts in the Philadelphia area have said 
they will curtail the provision of transportations services to Head 
Start children.
    Similar concerns have been echoed throughout the country. Waiver 
requests and correspondence have come in, and more are anticipated as 
the deadline approaches and grantees submit their annual refunding 
applications.
    Additionally, we believe the single most important safety feature 
in the Head Start transportation regulations is the requirement that 
children be transported on buses. Study after study, conducted by the 
NHTSA and others, clearly establish that children should be transported 
in buses and that children transported in other vehicles, such as 
passenger vans, are at much greater risk. We are concerned that use of 
funds for the cost of bus monitors and child safety restraint systems 
would discourage grantees from voluntary early compliance with the 
requirement for use of school buses or alternative vehicles, which 
would have a greater impact on the safety of children than compliance 
with either the bus monitor or child safety restraint requirement.
    Finally, as explained in detail earlier under the justification for 
the interim final rule, the Department is aware of other new factors, 
including safety factors, since promulgation of the final rule which 
provide compelling support for providing flexibility in the effective 
date of the provisions addressing child restraint systems and bus 
monitors while we consider these provisions more thoughtfully. We 
continue to believe that the best interest of children should be our 
paramount concern and that failure to provide some relief on the 
January 20, 2004 effective date could jeopardize children.
    For these reasons, we are revising section 45 CFR 1310.11 to 
provide under paragraph (a) that effective June 21, 2004, rather than 
January 20, 2004, each agency providing transportation services must 
ensure that each vehicle used to transport children receiving Head 
Start services is equipped for the use of height- and weight-
appropriate child safety restraint systems.
    The rule also adds a new paragraph (b) under section 1310.11 to 
provide that the responsible HHS official will approve requests to 
extend this deadline to not later than January 18, 2006 when: (1) The 
grantee provides notification of its intent to seek such an extension 
by March 1, 2004; and (2) the grantee submits by April 1, 2004 a 
request for an extension with information documenting that an extension 
through the period requested (but not later than January 20, 2006) 
would be in the best interest of the children served, as set out in 
guidance provided by HHS.
    Similarly, we are revising 45 CFR 1310.15(c) to provide under a new 
paragraph (c)(1) that effective June 21, 2004, rather than January 20, 
2004, there is at least one bus monitor on board at all times, with 
additional bus monitors provided, as necessary, such as when needed to 
accommodate the needs of children with disabilities. We also have added 
a new paragraph (c)(2) to section 1310.15 to provide that the 
responsible HHS official will approve requests to extend this deadline 
to not later than January 20, 2006 when: (1) The grantee provides 
notification of its intent to seek such an extension by March 1, 2004; 
and (2) the grantee submits by April 1, 2004 a request for an extension 
with information documenting that an extension through the period 
requested (but not later than January 20, 2006)

[[Page 2516]]

would be in the best interest of the children served, as set out in 
guidance provided by HHS. We note that the waiver provisions of 45 CFR 
1310.2(c) is distinct from the provision allowing for postponement for 
the requirements for child safety restraint systems and bus monitors.
    Requests under section 1310.11(b) and 1310.15(c)(2) may be combined 
and may be based on the same documentation since these requirements are 
so closely interwoven, i.e., the role of the monitor under section 
1310.15(c) is largely to assist children with the child safety 
restraint systems required under section 1310.11(a) of the interim 
final rule. HHS will issue further guidance on the process for seeking 
extensions shortly.
    We are also making a conforming change to 45 CFR 1310.2(b), which 
summarizes the effective dates of the various provisions of the 
regulations to provide that Sections 1310.11 and 1310.15(c) of this 
part are effective June 21, 2004.
    As indicated earlier, rules under 45 CFR 1310, including these 
changes, apply to all Head Start and Early Head Start programs that 
provide transportation either directly, using program owned or leased 
vehicles, or through arrangements with private or public transportation 
providers, including local education agencies (LEAs).
    Thus this rule provides an immediate extension of 150 days of the 
requirements for child safety restraint systems and bus monitors. We 
selected this time period because we believe it will provide grantees 
sufficient time to consider their individual circumstances and to 
consider if circumstances warrant submission of an application for an 
extension without disrupting services or subjecting children to 
potentially dangerous alternative modes of transportation. In addition, 
this would extend the provision to nearly the end of the Head Start 
grantee program year which would further prevent program disruption.
    In tandem with these rules, we will evaluate the issues raised on 
the requirements for child safety restraint systems and bus monitors 
and seek solutions for the safest, most effective transportation 
systems possible for Head Start and Early Head Start children and 
families.
    Finally, we note that this rulemaking would address Congressional 
concerns which have suggested the need for some flexibility in the 
current regulations, especially where local education agencies and Head 
Start integrate transportation services.

Paperwork Reduction Act

    This interim final rule contains information collection 
requirements in sections 1310.11(b) and 1310.15(c)(20). This summary 
includes the estimated costs and assumptions for the paperwork 
requirements related to this interim final rule. A copy of this 
information collection request is available on our Web site at http://regulations.acf.hhs.gov and can also be obtained in hardcopy by 
contacting Craig Turner at the Head Start Bureau, ACF. These paperwork 
requirements have been submitted to the Office of Management and Budget 
for review under number 0970-0260 as required by 44 U.S.C. 3504(h) of 
the Paperwork Reduction Act of 1995, as amended. Respondents are not 
required to respond to any collection of information unless it displays 
a current valid OMB control number.
    The Head Start Bureau estimates that the interim final rule would 
create 1,670 burden hours in the first and only year of collection with 
related annualized costs of $41,750 for respondents and $50,100 for the 
Federal government. Table 1 summarizes number of costs by grantee. On a 
per grantee basis, the Head Start Bureau estimates the same paperwork 
for all relevant grantees. This is a onetime grantee collection.

   Table 1.--Estimate of Respondents Hour Burden and Annualized Burden
                               Hours Costs
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Number of grantees and delegates........................           1,670
Hours per respondent....................................               1
Cost per respondent.....................................             $25
                                                         ---------------
  Total costs...........................................         $41,750
------------------------------------------------------------------------

    The paperwork burden is summarized by total annualized burden hours 
by provision (Table 2) and by total annualized burden costs by 
provision (Table 3). New information collection requirements are 
imposed by sections 1310.11(b) and 1310.15(c)(2) of these regulations. 
Section 1310.11(b) requires the responsible HHS official to approve 
requests to extend the relevant deadline to no later than January 20, 
2006 when (1) the grantee provides notification of its intent to seek 
such an extension by March 1, 2004; and (2) the grantee submits by 
April 1, 2004 a request for an extension with information documenting 
that an extension through the period requested (but not later than 
January 20, 2006) would be in the best interest of the children served, 
as set out in guidance provided by HHS. Section 1310.15(c)(2) requires 
the responsible HHS official to approve requests to extend this 
deadline to not later than January 20, 2006 when (A) the grantee 
provides notification of its intent to seek such an extension by March 
1, 2004; and (B) the grantee submits by April 1, 2004 a request for an 
extension with information documenting that an extension through the 
period requested (but not later than January 20, 2006) would be in the 
best interest of the children served, as set out in guidance provided 
by HHS. Requests under section 1310.11(b) and 1310.15(c)(2) may be 
combined and may be based on the same documentation.
    HHS is working with OMB to obtain emergency approval of the 
associated burden by February 1, 2004 in accordance with the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3507(d)) before the effective date of 
the rule. Comments on this proposed information collection should be 
directed to Robert Sargis, ACF Reports Clearance Officer, by e-mailing 
http://regulations.acf.hhs.gov or faxing (202) 401-5701. HHS will 
provide notification regarding that approval and the procedures 
necessary to submit an application for extension at http://regulations.acf.hhs.gov or by contacting Robert Sargis at 202-690-7275 
or by faxing 202-401-5701.

Table 2.--Total Burden Hours of Interim Final Rule Summary of All Burden
                    Hours, by Provision, for Grantees
------------------------------------------------------------------------
                                                            Annualized
                        Provision                          burden hours
------------------------------------------------------------------------
1310.11(b)..............................................             835
1310.15(c)(2)...........................................             835
                                                         ---------------
  Total.................................................           1,670
------------------------------------------------------------------------


Table 3.--Total Burden Costs of Interim Final Rule Summary of All Burden
                    Costs, by Provision, for Grantees
------------------------------------------------------------------------
                                                            Annualized
                        Provision                          burden costs
------------------------------------------------------------------------
1310.11(b)..............................................         $20,875
1310.15(c)(2)...........................................          20,875
                                                         ---------------
  Total.................................................          41,750
------------------------------------------------------------------------

Regulatory Flexibility Analysis

    The Secretary certifies, under 5 U.S.C. 605(b), and enacted by the 
Regulatory Flexibility Act (Pub. L. 96-354), that this rule will not 
result in a significant impact on a substantial number of small 
entities. The regulation merely provides flexibility in meeting the 
effective date

[[Page 2517]]

of certain existing Head Start transportation requirements.

Regulatory Impact Analysis

    Executive Order 12866 requires that regulations be reviewed to 
ensure that they are consistent with the priorities and principles set 
forth in the Executive Order. The Department has determined that this 
rule is consistent with these priorities and principles.
    This rule is considered a ``significant regulatory action'' under 
the Executive Order, and therefore has been reviewed by the Office of 
Management and Budget.

Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Report Act requires that a 
covered agency prepare a budgetary impact statement before promulgating 
a rule that includes any Federal mandate that may result in the 
expenditure by State, local, and Tribal governments, in the aggregate, 
or by the private sector, of $100 million or more in any one year. The 
Department has determined that this rule would not impose a mandate 
that will result in the expenditure by State, local, and Tribal 
governments, in the aggregate, or by the private sector, of more than 
$100 million in any one year.

Congressional Review

    This regulation is not a major rule as defined in 5 U.S.C. chapter 
8.

Assessment of Federal Regulation and Policies on Families

    Section 654 of the Treasury and General Government Appropriations 
Act of 1999 requires Federal agencies to determine whether a proposed 
policy or regulation may affect family well being. If the agency's 
determination is affirmative, then the agency must prepare an impact 
assessment addressing seven criteria specified in the law. These 
regulations will not have an impact on family well being as defined in 
the legislation.

Executive Order 13132

    Executive Order 13132 on Federalism applies to policies that have 
Federalism implications, defined as ``regulations, legislative comments 
or proposed legislation, and other policy statements or actions that 
have substantial direct effects on the States, or on the distributions 
of power and responsibilities among the various levels of government.'' 
This rule does not have Federalism implications for State or local 
governments as defined in the Executive Order.

List of Subject in 45 CFR Part 1310

    Head Start, Reporting and recordkeeping requirements, 
Transportation.

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

    Approved: December 22, 2003.
Wade F. Horn,
Assistant Secretary for Children and Families.
    Dated: January 8, 2004.
Tommy G. Thompson,
Secretary of Health and Human Services.


0
For the reasons discussed above, title 45 CFR Chapter XIII is amended 
as follows:

PART 1310--HEAD START TRANSPORTATION

0
1. The authority citation for part 1310 continues to read as follows:

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

0
2. Amend Sec.  1310.2 to revise the second sentence of paragraph (b) to 
read as follows:


Sec.  1310.2  Applicability

    (a) * * *
    (b) * * * Sections 1310.11 and 1310.15(c) of this part are 
effective June 21, 2004. * * *
* * * * *

0
3. Revise Sec. 1310.11 (added on January 18, 2001 at 66 FR 5311 and 
effective January 20, 2004) to read as follows:


Sec.  1310.11  Child Restraint Systems.

    (a) Effective June 21, 2004, each agency providing transportation 
services must ensure that each vehicle used to transport children 
receiving such services is equipped for use of height- and weight-
appropriate child safety restraint systems.
    (b) The responsible HHS official may approve a request to extend 
the effective date under paragraph (a) of this section to not later 
than January 20, 2006, if:
    (1) Notification is received by March 1, 2004 that such a request 
to the responsible HHS official will be forthcoming; and
    (2) The request for an extension is submitted by April 1, 2004 with 
information documenting that an extension through the period requested 
(but not later than January 20, 2006) would be in the best interest of 
the children served by the Head Start or Early Head Start programs, as 
set out in guidance provided by HHS.
0
4. Amend Sec.  1310.15 to revise paragraph (c) (added on January 18, 
2001 at 66 FR 5311 and effective January 20, 2004) to read as follows:


Sec.  1310.15  Operation of vehicles.

* * * * *
    (c)(1) Effective June 21, 2004, there is at least one bus monitor 
on board at all times, with additional bus monitors provided as 
necessary, such as when needed to accommodate the needs of children 
with disabilities. As provided in 45 CFR 1310.2(a), this paragraph does 
not apply to transportation services to children served under the home-
based option for Head Start and Early Head Start.
    (2) The responsible HHS official may approve a request to extend 
the effective date under paragraph (a) of this section to not later 
than January 20, 2006, if:
    (i) Notification is received by March 1, 2004 that such a request 
to the responsible HHS official will be forthcoming; and
    (ii) The request for an extension is submitted by April 1, 2004 
with information documenting that an extension through the period 
requested (but not later than January 20, 2006) would be in the best 
interest of the children served by the Head Start or Early Head Start 
programs, as set out in guidance provided by HHS.
* * * * *
[FR Doc. 04-1096 Filed 1-15-04; 8:45 am]
BILLING CODE 4184-01-P