Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Proposed Rules 64803 

EPA proposes to conclude that 

Alabama has adequately addressed 40 

CFR 51.308(h) because the visibility 

trends at the Sipsey Wilderness Area 

and at Class I areas outside of the State 

potentially impacted by sources within 

Alabama and the emissions trends of the 

largest emitters of visibility-impairing 

pollutants in the State indicate that the 

relevant RPGs will be met. 

III. Proposed Action 

EPA is proposing to approve 

Alabama’s June 26, 2018, Regional Haze 

Progress Report as meeting the 

applicable regional haze requirements 

set forth in 40 CFR 51.308(g) and 

51.308(h). 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. This action merely proposes to 

approve state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 6, 2018. 

Mary S. Walker, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2018–27357 Filed 12–17–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Parts 302, 303, 307, and 309 

RIN 0970–AC50 

Child Support Technical Corrections 

Notice of Proposed Rulemaking 

AGENCY: Office of Child Support 

Enforcement (OCSE), Administration for 

Children and Families (ACF), 

Department of Health and Human 

Services (HHS). 

ACTION: Notice of proposed rulemaking; 

delay of compliance date. 

SUMMARY: The Office of Child Support 

Enforcement proposes to eliminate 

regulations rendered outdated or 

unnecessary and make technical 

amendments to the Flexibility, 

Efficiency, and Modernization in Child 

Support Enforcement (FEM) final rule, 

published on December 20, 2016, 

including proposing to amend the 

compliance date for review and 

adjustment of child support orders. We 

are also proposing conforming 

amendments to the regulations as a 

result of Bipartisan Budget Act of 2018, 

Public Law 115–123. 

DATES: In order to be considered, we 

must receive written comments on this 

notice of proposed rulemaking (NPRM) 

on or before January 17, 2019. 

ADDRESSES: You may submit comments, 

identified by [docket number and/or 

Regulatory Information Number (RIN) 

number], by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Written comments may be 

submitted to: Office of Child Support 

Enforcement, Attention: Director of 

Policy and Training, 330 C Street SW, 

Washington, DC 20201. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this 

rulemaking. All comments received will 

be posted without change to https://

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: 

Tricia John, Division of Policy and 

Training, OCSE, telephone (202) 260– 

7143. Email inquiries to ocse.dpt@

acf.hhs.gov. Deaf and hearing impaired 

individuals may call the Federal Dual 

Party Relay Service at 1–800–877–8339 

between 8 a.m. and 7 p.m. Eastern 

Standard Time. 

SUPPLEMENTARY INFORMATION: 

Submission of Comments 

Comments should be specific, address 

issues raised by the proposed rule, 

propose alternatives where appropriate, 

explain reasons for any objections or 

recommended changes, and reference 

the specific action of the proposed rule 

that is being addressed. Additionally, 

we will be interested in comments that 

indicate agreement with changed or new 

proposals. We will not acknowledge 

receipt of the comments we receive. 

However, we will review and consider 

all comments that are germane and are 

received during the comment period. 

We will respond to these comments in 

the preamble to the Final Rule. 

Statutory Authority 

This NPRM is published under the 

authority granted to the Secretary of 

Health and Human Services by section 


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64804 Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Proposed Rules 

1102 of the Social Security Act (Act), 42 

U.S.C. 1302. Section 1102 of the Act 

authorizes the Secretary to publish 

regulations, not inconsistent with the 

Act, as may be necessary for the 

efficient administration of the functions 

with which the Secretary is responsible 

under the Act. 

Background 

These revisions are intended to carry 

out the President’s directives in 

Executive Orders (E.O.) 13771 and 

13777. Executive Order 13777 requires 

each agency to establish a Regulatory 

Reform Task Force that shall evaluate 

existing regulations (as defined in 

section 4 of E.O. 13771) and make 

recommendations to the agency head 

regarding their repeal, replacement, or 

modification, consistent with applicable 

law. This rule proposes to eliminate 

identified regulatory requirements that 

are outdated and unnecessary. 

Additionally, this regulation proposes to 

make a few technical amendments that 

needed policy adjustments. 

The OCSE is proposing to revise the 

compliance date for Review and 

adjustment of child support orders in 

§ 303.8(b)(7)(ii). This Federal 

requirement indicates that the State 

must, within 15 business days of 

learning that the noncustodial parent 

will be incarcerated for more than 180 

calendar days, send notices to both 

parents informing them of the right to 

request review and, if appropriate, 

adjustment of the child support order. 

Currently, the FEM final rule indicates 

that the compliance date for this Federal 

requirement is 1 year from the date of 

publication of the final rule, or 

December 20, 2017, and if State law 

changes are needed, the compliance 

date will be the first day of the second 

calendar quarter beginning after the 

close of the first regular session of the 

State legislature that begins after the 

effective date of the final rule (January 

20, 2017). 

However, after issuing the FEM final 

rule, it was brought to our attention that 

the compliance date for § 303.8(b)(7)(ii) 

would be impractical for those States 

that needed to revise their regulations to 

prohibit incarceration from being 

considered voluntary unemployment in 

accordance to § 302.56(c)(3). As a result, 

we are amending the compliance date 

for § 303.8(b)(7)(ii) to add that for those 

States that consider incarceration to be 

voluntary unemployment, the 

compliance date is 1 year after 

completion of the first quadrennial 

review of the State’s guidelines that 

commences more than 1 year after 

publication of the final rule (December 

20, 2016). 

On February 9, 2018, the President 

signed the Bipartisan Budget Act of 

2018 Public Law (Pub. L.) 115–123. 

Section 53117 of Public Law 115–123, 

Modernizing child support enforcement 

fees, amends Section 454(6)(B)(ii) of the 

Social Security Act to increase the 

annual collection fee from $25 to $35. 

The law also revises the amount from 

$500 to $550 that the State must collect 

and disburse to the family before 

imposing the fee each Federal fiscal 

year. Additionally, to obtain more 

timely National Directory of New Hires 

(NDNH) data, we are proposing in 

§ 303.108(c) to reduce the timeframe to 

report wage information to the NDNH 

from the end of the fourth month 

following the reporting period to the 

end of the first month following the 

reporting period, which would align the 

timeframes for when States must report 

wage data and unemployment 

compensation claims data. 

Effective and Compliance Dates 

The proposed effective date would be 

60 days from the date of publication of 

this final rule. However, we are 

proposing delayed compliance dates, or 

the dates that States must comply with 

the final rule, for the following 

proposed regulatory changes: 

• Review and adjustment of child support 

orders [§ 303.8(b)(7)(ii)]: Currently, the 

compliance date for sending notices to both 

parents within 15 business days of when the 

IV–D agency learns that the noncustodial 

parent will be incarcerated for more than 180 

days is 1 year from the date of publication 

of the FEM final rule (December 20, 2016). 

If State law revisions are needed, the 

compliance date is the first day of the second 

calendar quarter beginning after the close of 

the first regular session of the state legislature 

that begins after the effective date of the 

regulation (January 20, 2017). However, for 

those States that consider incarceration to be 

voluntary unemployment, this proposed rule 

will delay the compliance date for sending 

these notices [§ 303.8(b)(7)(ii)] to 1 year after 

completion of the first quadrennial review of 

the State’s guidelines that commences more 

than 1 year after publication of the FEM final 

rule (December 20, 2016). 

• Annual collection fee for individuals not 

receiving title IV–A assistance [§ 302.33(e)]: 

The compliance date is the first day of the 

first fiscal year that begins on or after the date 

of the enactment of the Bipartisan Budget Act 

of 2018, or October 1, 2018. If the Secretary 

of Health and Human Services determines 

that State legislation (other than legislation 

appropriating funds) is required for a State to 

meet the requirements imposed by the 

amendment in Section 454(6)(B)(ii) of the 

Social Security Act [42 U.S.C. 654(6)(B)(ii)], 

then the State shall not be regarded as failing 

to meet such requirements before the first 

day of the first calendar quarter beginning 

after the first regular session of the State 

legislature that begins after the date of the 

enactment of Public Law 115–123. However, 

if a State has a 2-year legislative session, each 

year of the session is deemed to be a separate 

regular session of the state legislature. 

• Quarterly wage and unemployment 

compensation claims reporting to the 

National Directory of New Hires 

[§ 303.108(c)]: The compliance date is one 

year after the publication of the final rule. 

We are inviting comments concerning 

the proposed effective and compliance 

dates. 

Section-by-Section Discussion of the 

Provisions of This Proposed Rule 

Section 302.33: Services to Individuals 

Not Receiving Title IV–A Assistance 

We propose to revise § 302.33(e) 

because Section 454(6)(B)(ii) of the 

Social Security Act was amended by 

Section 53117 of Public Law 115–123, 

Modernizing Child Support 

Enforcement Fees. The $25 annual fee 

was increased to $35. The amount the 

State must collect and disburse to the 

family each year before imposing the 

collection of the annual fee was changed 

from $500 to $550. 

Section 303.11: Case Closure Criteria 

We propose to revise paragraph 

(b)(9)(ii) to allow case closure when the 

noncustodial parent is also receiving 

concurrent Supplemental Security 

Income (SSI) and Social Security 

Retirement (SSR) benefits. The rationale 

for closing concurrent SSI/Social 

Security Disability Income (SSDI) cases 

applies equally to concurrent SSI/SSR 

cases because the noncustodial parent 

meets the low-income means-tested 

criteria for the SSI program. The 

concurrent SSI/SSR noncustodial parent 

receives no more income than a SSI/ 

SSDI recipient. SSDI and SSR benefits 

are related in that SSR benefits take the 

place of SSDI when an individual 

reaches retirement age. 

SSDI benefits are available to 

individuals who are disabled, have 

enough work income, and under the age 

of 65 or retirement age. When an 

individual turns 65 or retirement age, 

they become eligible for SSR benefits, 

which are also based on their work 

income. A recipient receives concurrent 

SSI and either SSDI or SSR benefits 

under title II of the Act when the 

disabled noncustodial parent qualifies 

for the means-tested SSI benefits on the 

basis of his or her income and assets, 

but also qualifies for the SSDI or SSR 

benefits. In these cases, the Social 

Security Administration pays a 

combination of benefits up to the SSI 

benefit level. Given that a noncustodial 

parent who is eligible for concurrent 

benefits meets the SSI means-tested 

criteria and receives the same benefit 


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amount as a SSI beneficiary, it is 

appropriate to close these cases on the 

same basis as an SSI case. 

Section 303.71: Requests for FullCollection Services by the Secretary of 

the Treasury 

We propose to remove § 303.71, 

‘‘Requests for full collection services by 

the Secretary of the Treasury.’’ 

Currently, there are only 23 cases that 

have been certified under this procedure 

between 2008 and 2013. Based on the 

Internal Revenue Service’s statute of 

limitations, they will close a fullcollection case after 10 years if there is 

no payment activity. States have not 

submitted any new cases for this 

enforcement procedure since 2013. 

Because the number of other more 

effective enforcement procedures 

available to States has grown, and given 

that States are no longer widely using 

this enforcement tool, we propose 

streamlining the regulations by 

removing the provision. Because the 

procedure is statutory, the removal of 

§ 303.71 will not impact a State’s ability 

to use this procedure, pursuant to 

section 452(b) of the Act, if it so 

chooses. 

Section 303.73: Applications To Use the 

Courts of the United States To Enforce 

Court Orders 

We propose to remove § 303.73, 

‘‘Applications to use the courts of the 

United States to enforce court orders,’’ 

because it is no longer necessary. 

Sections 452(a)(8) and 460 of the Act 

permit the use of the courts of the 

United States, without regard to any 

amount in controversy, when another 

State has not undertaken to enforce a 

court order of an originating State 

against an absent parent within a 

reasonable time and the Secretary finds 

that use of the Federal courts is the only 

reasonable method of enforcing such 

order. Federal regulations at § 303.73 

prescribe that a State seeking to use the 

Federal courts to enforce a child support 

order against an absent parent in 

another State may apply to the Secretary 

for permission to use a United States 

district court for such purpose based on 

instructions issued by OCSE. This 

regulation, originally promulgated at 45 

CFR 302.72 in 1975, was needed to 

enforce interstate orders. An Action 

Transmittal (AT) issued February 6, 

1976 (OCSE–AT–76–1) and revised May 

12, 1976 (OCSE–AT–76–8) provides 

guidance for use of Federal courts and 

instructions to State IV–D agencies for 

preparation and submission of 

applications for certification to use a 

U.S. district court. 

However, the ‘‘Preventing Sex 

Trafficking and Strengthening Families 

Act,’’ enacted on September 29, 2014 

(Pub. L. 113–183), amended section 

466(f) of the Social Security Act, 

requiring all States to enact 2008 

amendments to the Uniform Interstate 

Family Support Act ‘‘officially adopted 

as of September 30, 2008 by the 

National Conference of Commissioners 

on Uniform State Laws’’ (referred to as 

UIFSA 2008). As a result, UIFSA 2008 

makes this requirement obsolete since it 

establishes procedures for enforcing 

interstate orders. UIFSA 2008 defines a 

tribunal as a court, administrative 

agency, or quasi-judicial entity 

authorized to establish, enforce, or 

modify support orders or to determine 

parentage of a child. UIFSA also 

establishes rules/standards related to 

personal, subject matter, and long-arm 

jurisdiction and establishes procedures 

on registering/enforcing foreign orders. 

Section 303.108: Quarterly Wage and 

Unemployment Compensation Claims 

Reporting to the National Directory of 

New Hires 

Section 453A(g)(2)(B) of the Act, 

requires that the State Directory of New 

Hires shall, on a quarterly basis, furnish 

to the NDNH information concerning 

the wages and unemployment 

compensation paid to individuals, by 

such dates, in such format, and 

containing such information as the 

Secretary of Health and Human Services 

shall specify in regulations. In 

accordance with § 303.108(c), the State 

must report quarterly wage information 

no later than the end of the fourth 

month following the reporting period. 

However, the State reports quarterly 

unemployment compensation claim 

information no later than the end of the 

first month following the reporting 

period. 

We propose to revise § 303.108(c) to 

reduce the timeframe for reporting 

quarterly wage data to the end of the 

first month following the reporting 

period. This will align the time frames 

for when States must report wage data 

and unemployment compensation 

claims data to the NDNH and help 

ensure State child support programs 

receive data more timely to locate 

parents and to establish and enforce 

support orders and medical support 

orders. 

Section 307.11: Functional 

Requirements for Computerized Support 

Enforcement Systems in Operation by 

October 1, 2000 

We propose to revise paragraph (c)(3) 

as a technical correction to the FEM 

final rule to include noncustodial 

parents who receive concurrent 

Supplemental Security Income (SSI) 

and Social Security Retirement (SSR) 

benefits under title II of the Act. 

Additionally, we are adding ‘‘or through 

an income withholding order’’ so the 

State should be preventing garnishment 

from the noncustodial parent’s financial 

accounts or through an income 

withholding order. In other words, if a 

noncustodial parent is receiving 

concurrent SSI and either SSDI or SSR 

benefits, the State should not be sending 

an income withholding order directing 

the Social Security Administration to 

garnish the SSDI or SSR portion of the 

concurrent benefits. 

As we indicated under the Case 

closure criteria section (§ 303.11), a 

recipient receives concurrent SSI and 

either SSDI or SSR benefits under title 

II of the Act when the disabled 

noncustodial parent qualifies for the 

means-tested SSI benefits on the basis of 

his or her income and assets, but also 

qualifies for the SSDI or SSR benefits. In 

these cases, the Social Security 

Administration pays a combination of 

benefits up to the SSI benefit level. 

Given that a noncustodial parent who is 

eligible for concurrent benefits meets 

the SSI means-tested criteria and 

receives the same benefit amount as a 

SSI beneficiary, it is appropriate that 

neither the SSDI nor the SSR benefit is 

garnished by the State through either an 

income withholding order or from his or 

her financial accounts. However, if the 

noncustodial parent only receives a 

SSDI or SSR benefit, the State child 

support agency may continue to garnish 

these benefits. 

Likewise, we are making similar 

changes to paragraph (c)(3)(ii). If the 

State incorrectly garnishes a 

noncustodial parent concurrent benefits 

from SSI and either SSDI or SSR either 

from his or her financial account or 

directly through an income withholding 

order, the State must promptly return 

the monies within 5 business days after 

the State becomes aware that the 

noncustodial parent was receiving 

concurrent SSI and either SSDI or SSR 

benefits. 

Section 307.30: Federal Financial 

Participation at the 90 Percent Rate for 

Statewide Computerized Support 

Enforcement Systems 

We propose to remove § 307.30 

because this section is outdated. We no 

longer have the authority to provide 

enhanced Federal financial 

participation (FFP) funding at the 90 

percent rate for statewide computerized 

support enforcement systems. The 90 

percent enhanced funding was only 

available for expenditures for the 


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planning, design, development, 

installation, or enhancement of a 

statewide computerized support 

enforcement system during the Federal 

fiscal years 1996 and 1997. 

Section 307.31: Federal Financial 

Participation at the 80 Percent Rate for 

Computerized Support Enforcement 

Systems 

We propose to remove § 307.31 

because this section is outdated. We no 

longer have the authority to provide 

enhanced FFP funding at the 80 percent 

rate for statewide computerized support 

enforcement systems. The 80 percent 

enhanced funding was only available for 

expenditures for the planning, design, 

development, installation, or 

enhancement of a statewide 

computerized support enforcement 

system until September 30, 2001. 

Section 309.20: Who submits a Tribal 

IV–D program application and where? 

We propose to revise § 309.20(b) to 

remove an outdated address. 

Section 309.75: What administrative 

and management procedures must a 

Tribe or Tribal organization include in 

a Tribal IV–D plan? 

An Interim Final Rule effective 

December 26, 2014 (79 FR 75871), 

issued jointly by the Office of 

Management and Budget (OMB), HHS, 

and a number of Federal agencies, 

implements final guidance regarding 

‘‘Uniform Administrative Requirements, 

Cost Principles and Audit Requirements 

for Federal Awards’’ (Uniform 

Guidance). We are revising the reference 

regarding OMB Circular A–133, which 

was superseded by the Uniform 

Guidance effective December 26, 2014 

(79 FR 75871), to the updated reference 

45 CFR part 75, subpart F. 

Section 309.155: What uses of Tribal IV– 

D program funds are not allowable? 

We are revising the reference in 

§ 309.155(g) regarding OMB Circular A– 

87, which was superseded by the 

Uniform Guidance effective December 

26, 2014 (79 FR 75871) to the updated 

reference 45 CFR part 75, subpart E. 

Paperwork Reduction Act 

No new information collection 

requirements are imposed by these 

regulations, nor are any existing 

requirements changed as a result of their 

promulgation. Therefore, the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)), regarding reporting and record 

keeping, do not apply. 

Regulatory Flexibility Analysis 

The Secretary certifies that, under 5 

U.S.C. 605(b), as enacted by the 

Regulatory Flexibility Act (Pub. L. 96– 

354), this rule will not result in a 

significant impact on a substantial 

number of small entities. The primary 

impact is on State governments. State 

governments are not considered small 

entities under the Act. 

Regulatory Impact Analysis 

Executive Orders 12866, 13563, and 

13771 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. ACF 

consulted with the OMB and 

determined that this rule does meet the 

criteria for a significant regulatory 

action under E.O. 12866. Thus, it was 

subject to OMB review. ACF determined 

that the costs to title IV–D agencies as 

a result of this rule will not be 

significant as defined in E.O. 12866 

(have an annual effect on the economy 

of $100 million or more or adversely 

affect in a material way the economy, a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities). 

Because the rule is not economically 

significant as defined in E.O. 12866, no 

cost-benefit analysis needs to be 

included in this NPRM. This proposed 

rule, if finalized as proposed, would be 

considered an E.O. 13771 deregulatory 

action. 

Unfunded Mandates Reform Act of 

1995 

The Unfunded Mandates Reform Act 

(Pub. L. 104–4) requires agencies to 

prepare an assessment of anticipated 

costs and benefits before proposing any 

rule that may result in an annual 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation). That 

threshold level is currently 

approximately $150 million. This 

proposed rule does not impose any 

mandates on State, local, or tribal 

governments, or the private sector that 

will result in an annual expenditure of 

$146 million or more. 

Congressional Review 

This regulation is not a major rule as 

defined in 5 U.S.C. chapter 8. 

Assessment of Federal Regulations 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. This regulation makes technical 

changes in the child support 

regulations. This regulation will not 

have an adverse impact on family wellbeing as defined in the legislation. 

Executive Order 13132 

Executive Order 13132 prohibits an 

agency from publishing any rule that 

has federalism implications if the rule 

either imposes substantial direct 

compliance costs on State and local 

governments and is not required by 

statute, or the rule preempts State law, 

unless the agency meets the 

consultation and funding requirements 

of section 6 of the Executive Order. This 

rule does not have federalism impact as 

defined in the Executive Order. 

List of Subjects 

45 CFR Part 302 

Child support, State Plan 

Requirements. 

45 CFR Part 303 

Child support, Standards for program 

operations. 

45 CFR Part 307 

Child support, Computerized support 

enforcement systems. 

45 CFR Part 309 

Child support, Tribal child support 

enforcement (IV–D) program. 

(Catalog of Federal Domestic Assistance 

Programs No. 93.563, Child Support 

Enforcement Program.) 

Lynn A. Johnson, 

Assistant Secretary for Children and Families. 

Approved: November 19, 2018. 

Alex M. Azar II, 

Secretary. 

For the reasons set forth in the 

preamble, we propose to amend 45 CFR 

Chapter III, as set follows: 


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PART 302—STATE PLAN 

REQUIREMENTS 

■ 1. The authority citation for part 302 

continues to read as follows: 

Authority: 42 U.S.C. 651 through 658, 

659a, 660, 664, 666, 667, 1302, 1396a(a)(25), 

1396b(d)(2), 1396b(o), 1396b(p), and 1396(k). 

§ 302.33 [Amended] 

■ 2. Amend § 302.33 by: 

■ a. Revising (e) intro text paragraph; 

■ b. Removing in paragraph (e)(1), (2), 

(4), (5) wherever it appears the dollar 

amount ‘‘$25’’ and replacing it with 

‘‘$35’’; and 

■ c. Removing in paragraphs (e)(1)(i) 

and (3), wherever it appears the dollar 

amount ‘‘$500’’ and replacing it with 

‘‘$550’’. 

The revision reads as follows: 

§ 302.33 Services to individuals not 

receiving title IV–A assistance. 

* * * * * 

(e) Annual collection fee. * * * 

* * * * * 

PART 303—STANDARDS FOR 

PROGRAM OPERATIONS 

■ 3. The authority citation for part 303 

reads as follows: 

Authority: 42 U.S.C. 651 through 658, 

659a, 660, 663, 664, 666, 667, 1302, 

1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p), 

and 1396(k), and 25 U.S.C. 1603(12) and 

1621e. 

■ 4. Revise § 303.11 paragraph (b)(9)(ii) 

to read as follows: 

§ 303.11 Case closure criteria. 

* * * * * 

(b) * * * 

(9) * * * 

(i) * * * 

(ii) Both SSI payments and either 

Social Security Disability Insurance 

(SSDI) or Social Security Retirement 

(SSR) benefits under title II of the Act. 

* * * * * 

§ 303.71 [Removed] 

■ 5. Remove § 303.71. 

§ 303.73 [Removed] 

■ 6. Remove § 303.73. 

■ 7. Amend § 303.108 by revising 

paragraph (c) to read as follows: 

§ 303.108 Quarterly wage and 

unemployment compensation claims 

reporting to the National Directory of New 

Hires 

* * * * * 

(c) What timeframes apply for 

reporting quarterly wage and 

unemployment compensation claims 

data? The State shall report wage and 

claim information for the reporting 

period no later than the end of the first 

month following the reporting period. 

* * * * * 

PART 307—COMPUTERIZED 

SUPPORT ENFORCEMENT SYSTEMS 

■ 8. The authority for part 307 

continues to read as follows: 

Authority: 42 U.S.C. 652 through 658, 664, 

666 through 669A, and 1302. 

■ 9. Amend § 307.11 by revising 

paragraphs (c)(3)(i) and (ii) as follows: 

§ 307.11 Functional requirements for 

computerized support enforcement 

systems in operation by October 1, 2000 

* * * * * 

(c) * * * 

(3) * * * 

(i) Identify cases that have been 

previously identified as involving a 

noncustodial parent who is a recipient 

of SSI payments or concurrent SSI 

payments and either Social Security 

Disability Insurance (SSDI) or Social 

Security retirement (SSR) benefits under 

title II of the Act, to prevent 

garnishment of these funds from the 

noncustodial parent’s financial account 

or through an income withholding 

order; and 

(ii) Return funds to a noncustodial 

parent within 5 business days after the 

agency determines that SSI payments or 

concurrent SSI payments and either 

SSDI or SSR benefits under title II of the 

Act have been incorrectly garnished 

from the noncustodial parent’s financial 

account or through an income 

withholding order. 

* * * * * 

§ 307.30 [Removed] 

■ 10. Remove § 307.30. 

§ 307.31 [Removed] 

■ 11. Remove § 307.31. 

PART 309—TRIBAL CHILD SUPPORT 

ENFORCEMENT (IV–D) PROGRAM 

■ 12. The authority for part 309 

continues to read as follows: 

Authority: 42 U.S.C. 655(f) and 1302. 

§ 309.20 [Amended] 

■ 13. Amend § 309.20 paragraph (b) by 

removing the words ‘‘Tribal Child 

Support Enforcement Program, 370 

L’Enfant Promenade SW, Washington, 

DC 20447’’ and adding in its place, the 

words ‘‘Federal Office of Child Support 

Enforcement’’. 

§ 309.75 [Amended] 

■ 14. Amend § 309.75 paragraph (d) by 

removing the citation wording ‘‘OMB 

Circular A–133’’ and adding in its place, 

the words ‘‘45 CFR part 75, Subpart F’’. 

§ 309.155 [Amended] 

■ 15. Amend § 309.155 paragraph (g) by 

removing the words ‘‘OMB Circular A– 

87’’ and adding in its place, the words 

‘‘45 CFR part 75, Subpart E’’. 

[FR Doc. 2018–27224 Filed 12–17–18; 8:45 am] 

BILLING CODE 4184–42–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 10 

[Docket No. USCG–2018–0041] 

Draft Merchant Mariner Medical Manual 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of availability, extension 

of public comment period. 

SUMMARY: The Coast Guard is extending, 

for 30 days, the period for submitting 

public comments on the notice of 

availability of the Draft Merchant 

Mariner Medical Manual. The extension 

responds to requests made by the 

public. 

DATES: The comment period for the 

Notice of availability published on 

November 13, 2018 (83 FR 56272) is 

extended. Comments must be submitted 

to the online docket via http://

www.regulations.gov, or reach the 

Docket Management Facility, on or 

before February 13, 2019. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0041 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: For 

information about this document call or 

email Adrienne Buggs, M.D., United 

States Coast Guard, Office of Merchant 

Mariner Credentialing; telephone: 202– 

372–2357, email: MMCPolicy@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Comments 

We encourage you to submit 

comments (or related material) on the 

draft Merchant Mariner Medical 

Manual. We will consider all 

submissions and may adjust our final 

action based on your comments. If you 

submit a comment, please include the 

docket number for this notice, indicate 

the specific section of the document to 

which each comment applies, and 


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