Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Proposed Rules 9883 

Special Accommodations 

To request special accommodations 

for individuals with disabilities, please 

contact Russ Perkinson at (202) 564– 

4910 or by email to 

perkinson.russ@epa.gov. Please allow at 

least five business days prior to the 

meeting to allow time to process your 

request. 

Dated: February 15, 2012. 

Cynthia C. Dougherty, 

Director, Office of Ground Water and Drinking 

Water. 

[FR Doc. 2012–3912 Filed 2–17–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Part 1357 

Tribal Consultation Meetings 

Regarding Requirements Applicable to 

Title IV–B Child and Family Services 

Plan 

AGENCY: Children’s Bureau, 

Administration on Children, Youth and 

Families (ACYF), ACF, HHS. 

ACTION: Notice of tribal consultation. 

SUMMARY: The title IV–B regulations 

regarding the title IV–B plan and fiscal 

requirements are outdated due to 

statutory changes over the last 15 years. 

The Children’s Bureau (CB) is deciding 

whether to revise the regulations 

accordingly. Per the ACF Tribal 

Consultation Policy (76 FR 55678, 

published September 8, 2011), we 

request comments from Indian Tribes 

that operate a title IV–B, subpart 1 and/ 

or title IV–B, subpart 2 program and any 

other interested party. We provide 

further information on these statutory 

changes below, under SUPPLEMENTARY

INFORMATION. 

DATES: Please submit written comments 

to the office listed in the ADDRESSES

section below on or before April 6, 

2012. Please see SUPPLEMENTARY

INFORMATION for additional details on 

consultation meetings. 

ADDRESSES: Interested persons may 

submit written comments by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: CBComments@acf.hhs.gov. 

Please include ‘‘Comments on 45 CFR 

1357 Federal Register Notice’’ in the 

subject line of the message. 

• Mail or Courier Delivery: Jan 

Rothstein, Division of Policy, Children’s 

Bureau, Administration on Children, 

Youth and Families, Administration for 

Children and Families, 1250 Maryland 

Avenue SW., 8th Floor, Washington, DC 

20024. 

Instructions: If you choose to use an 

express, overnight or other special 

delivery method, you must ensure that 

delivery is made at the address listed 

under the ADDRESSES section. We urge 

interested parties to submit comments 

electronically to ensure that we receive 

them in a timely manner. We will post 

all comments without change to 

www.regulations.gov. This will include 

any personal information provided. We 

will provide equal consideration to 

comments provided during a meeting or 

written responses to this Federal 

Register notice. 

FOR FURTHER INFORMATION CONTACT: Jan 

Rothstein, Division of Policy, Children’s 

Bureau, Administration on Children, 

Youth and Families, 1250 Maryland 

Avenue SW., 8th Floor, Washington, DC 

20024; phone: (202) 401–5073; email at: 

jrothstein@acf.hhs.gov. Do not email 

comments on the Notice to this address. 

SUPPLEMENTARY INFORMATION: Federal 

regulations at 45 CFR 1357, originally 

published in 1996, implement title IV– 

B of the Social Security Act (the Act). 

Legislation enacted over the last 

15 years added new plan and fiscal 

requirements to title IV–B for States and 

Tribes to implement. While we have 

addressed these title IV–B requirements 

in Program Instructions and Information 

Memorandums, we are considering 

regulatory amendments to bring the 

regulations in line with the Act. 

Additionally, these regulations refer to 

numerous obsolete dates and timelines. 

Below, we provide a list of the major 

changes in the law since 1996 that relate 

to the title IV–B program requirements. 

Several regulatory provisions have 

been superseded by statute including: 

• 45 CFR 1357.50: The Child and 

Family Services Improvement and 

Innovation Act (Public Law (Pub. L.) 

112–34) amended section 431 of the Act 

to define ‘‘Indian Tribe’’ for title IV–B, 

subpart 2 the same way it is defined for 

title IV–B, subpart 1; this makes the 

definitions of Indian Tribe in 1357.50 

obsolete. 

• 45 CFR 1357.50(f)(1)(ii): 

Amendments to section 432(b)(2) of the 

Act in the Child and Family Services 

Improvement Act of 2006 (Pub. L. 109– 

288) supersede the Secretary’s authority 

to waive for Indian Tribes only the 

requirement that title IV–B, subpart 2 

funds will not be used to supplant 

Federal or non-Federal funds expended 

under title IV–B, subpart 2. ACF 

continues to have the authority to waive 

for Indian Tribes only the requirement 

that not more than 10 percent of 

expenditures will be for administrative 

costs and the requirement that a 

significant portion of expenditures will 

be for family preservation services, 

community-based family support 

services, time limited family 

reunification services, and adoption 

promotion and support services; and 

• 45 CFR 1357.50(f)(2): Further 

amendments in Public Law 109–288 to 

section 432(b)(2) of the Act supersede 

the Secretary’s authority to waive other 

State plan requirements requested by 

the Tribe (only those listed in 

paragraphs (f)(1)(i) and (iii) may still be 

waived) contrary to what is stated in 

45 CFR 1357.50(f)(2). 

The Child and Family Services Plan 

requirements have been revised by 

statutory changes including: 

• A requirement that title IV–B 

agencies coordinate and collaborate 

with the State Medicaid agency and, in 

consultation with pediatricians and 

others, develop a plan for the ongoing 

oversight and coordination of health 

care services for any child in a foster 

care placement in accordance with the 

Fostering Connections to Success and 

Increasing Adoptions Act of 2008 (Pub. 

L. 110–351). 

• A description of the standards for 

the content and frequency of caseworker 

visits for children in foster care as 

described in sections 422(b)(17) of the 

Act pursuant to Public Law 112–34; and 

• A description of activities to reduce 

the length of time children under five 

years of age are without a permanent 

family and to address the 

developmental needs of such children 

who receive benefits or services under 

titles IV–B/IV–E in accordance with 

Public Law 112–34. 

Amendments to the Act over the years 

removed several title IV–B requirements 

including: 

• 45 CFR 1357.15(c)(3): Assurance of 

a plan for the training and use of paid 

paraprofessional staff and for the use of 

volunteers; and 

• 45 FR 1357.15(c)(4): Requirement to 

assure day care facility standards and 

requirements correspond with the child 

care standards imposed under title XX. 

Consultation Opportunities: As 

specified in the ADDRESSES section, you 

may submit written comments. In 

addition, we plan to hold conference 

calls and in-person consultations in 

ACF Regions II, VI, VII and X and in our 

Washington, DC office. We invite Tribal 

leaders and/or their representatives to 

personally attend these meetings or call 

in to provide input on the proposed 


srobinson on DSK4SPTVN1PROD with PROPOSALS
9884 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Proposed Rules 

changes. You may provide written 

comments as noted in the ADDRESSES

section, regardless of participation in a 

meeting. The consultation sessions and 

contact information are listed below: 

CB conference call: February 27, 2012, 

10 a.m.–12 p.m. EST. 

Call-in number: 888–769–8931. 

Passcode: 3683365. 

Contact: Jan Rothstein at (202) 401– 

5073 or email at: jrothstein@acf.hhs.gov. 

CB conference call: March 2, 2012, 

10 a.m.–12 p.m. EST. 

Call-in number: 888–769–8931. 

Passcode: 3683365. 

Contact: Jan Rothstein at (202) 401– 

5073 or email at: jrothstein@acf.hhs.gov. 

Region II meeting/conference call 

March 15, 2012, 10 a.m.–11:30 a.m. 

EST. 

Contact: Shari Brown at (212) 264– 

2890 or email at: 

Shari.Brown@acf.hhs.gov. 

Region VI meeting/conference call 

March 6, 2012, 10 a.m.–12 p.m. CT. 

Contact: Nanette Bishop at (214) 767– 

5241 or email at: 

nanette.bishop@acf.hhs.gov. 

Region VII meeting/conference call 

February 24, 2012, 1–3 p.m. CT. 

Contact: Rosalyn Wilson at 816–426– 

2262 or email at: 

Rosalyn.wilson@acf.hhs.gov. 

Region X meeting/conference call on 

March 19, 2012, 11 a.m.–1 p.m. PT. 

Contact: Jennifer Zanella at (206) 615– 

2604 or email at: 

Jennifer.zanella@acf.hhs.gov. 

Authority: 42 U.S.C. 620 et seq., 42 U.S.C. 

670 et seq.; 42 U.S.C. 1302. 

Dated: February 7, 2012. 

Bryan Samuels, 

Commissioner, Administration on Children, 

Youth and Families. 

[FR Doc. 2012–3442 Filed 2–17–12; 8:45 am] 

BILLING CODE 4184–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R9–IA–2011–0093; 96300– 

1671–0000–P5] 

RIN 1018–AX96 

Endangered and Threatened Wildlife 

and Plants; Publishing Notice of 

Receipt of Captive-Bred Wildlife 

Registration Applications 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

amend the regulations that implement 

the Endangered Species Act (Act) by 

establishing public notice and comment 

procedures for applications to conduct 

certain otherwise prohibited activities 

under the Act that are authorized under 

the Captive Bred Wildlife (CBW) 

regulations. This action would add 

procedural requirements to the 

processing of applications for 

registration under the CBW regulations. 

Notices of receipt of each application 

would be published in the Federal 

Register, and the Service would accept 

public comment on each application for 

30 days. If the registration were granted, 

the Service would publish certain 

findings in the Federal Register. In 

addition, for persons meeting the 

criteria for registering under the CBW 

Program, each registration could remain 

effective for 5 years. 

DATES: We will accept comments 

received or postmarked on or before 

March 22, 2012. 

ADDRESSES: You may submit comments 

by one of the following methods: 

Electronically: Go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. In the Enter 

Keyword or ID box, enter FWS–R9–IA– 

2011–0093, which is the docket number 

for this rulemaking. You may submit a 

comment by clicking on ‘‘Send a 

Comment’’. 

By hard copy: Submit by U.S. mail or 

hand-delivery to: Public Comments 

Processing, Attn: FWS–R9–IA–2011– 

0093; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, MS 

2042–PDM; Arlington, VA 22203. 

We will not accept emails or faxes. 

We will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section at the end of 

SUPPLEMENTARY INFORMATION for further 

information about submitting 

comments). 

FOR FURTHER INFORMATION CONTACT: 

Timothy J. Van Norman, Chief, Branch 

of Permits, Division of Management 

Authority, U.S. Fish and Wildlife 

Service, 4401 N. Fairfax Drive, Suite 

212, Arlington, VA 22203; telephone 

703–358–2104; fax 703–358–2281. If 

you use a telecommunications device 

for the deaf (TDD), call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

The Endangered Species Act of 1973, 

as amended (16 U.S.C. 1531 et seq.) 

(Act), and its implementing regulations 

prohibit any person subject to the 

jurisdiction of the United States from 

conducting certain activities unless 

authorized by a permit. These activities 

include take, import, export, and 

interstate or foreign commerce of fish or 

wildlife species listed as threatened or 

endangered under the Act. In the case 

of endangered species, the Service may 

permit otherwise prohibited activities 

for scientific research or enhancement 

of the propagation or survival of the 

species. In the case of threatened 

species, regulations allow permits to be 

issued for the above-mentioned 

purposes, as well as zoological, 

horticultural, or botanical exhibition; 

education; and special purposes 

consistent with the Act. 

In 1979, the Service published the 

Captive-Bred Wildlife (CBW) 

regulations at 50 CFR 17.21(g) (44 FR 

54002, September 17, 1979) to reduce 

Federal permitting requirements and 

facilitate captive breeding of endangered 

and threatened species under certain 

prescribed conditions. Specifically, 

under these regulations, the Service 

promulgated a general permit to 

authorize persons to take; export or 

reimport; deliver, receive, carry, 

transport, or ship in interstate or foreign 

commerce, in the course of a 

commercial activity; or sell or offer for 

sale in interstate or foreign commerce 

endangered or threatened wildlife bred 

in captivity in the United States. 

Qualifying persons and facilities seeking 

such authorization under the 

regulations are required to register with 

the Service. By establishing a more 

flexible management scheme to regulate 

routine activities related to captive 

propagation, these regulations have 

benefited wild populations by, for 

example, increasing sources of genetic 

stock that can be used to bolster or 

reestablish wild populations, decreasing 

the need to take stock from the wild, 

and providing for research 

opportunities. 

The authorization granted under the 

CBW regulations is limited by several 

conditions. These conditions include: 

(1) The wildlife is of a species having 

a natural geographic distribution not 

including any part of the United States 

or the wildlife is of a species that the 

Director has determined to be eligible in 

accordance with 50 CFR 17.21(g)(5); 

(2) The purpose of authorized 

activities is to enhance the propagation 

or survival of the affected species; 

(3) Activities do not involve interstate 

or foreign commerce, in the course of 

commercial activity, with respect to 

nonliving wildlife; 

(4) That each specimen of wildlife to 

be reimported is uniquely identified by 


srobinson on DSK4SPTVN1PROD with PROPOSALS