Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 28407 

(2) Appropriate software verification, 

validation, and hazard analysis must be 

performed. 

(3) The device parts that directly or 

indirectly contact the patient must be 

demonstrated to be biocompatible. 

(4) Performance data must 

demonstrate the sterility of fluid path 

contacting components and the shelf life 

of these components. 

(5) The device must be designed and 

tested for electrical safety and 

electromagnetic compatibility (EMC). 

(6) Nonclinical performance testing 

data must demonstrate that the device 

performs as intended under anticipated 

conditions of use. The following 

performance characteristics must be 

tested: 

(i) Device system and component 

reliability testing must be conducted. 

(ii) Fluid ingress protection testing 

must be conducted. 

(iii) Testing of safety controls must be 

performed to demonstrate adequate 

mitigation of hazardous situations, 

including sensor failure, flow control 

failure, improper device position, 

device malfunction, infusion delivery 

error, and release of air to the patient. 

(7) A human factors validation study 

must demonstrate that use hazards are 

adequately addressed. 

(8) The labeling must include the 

following: 

(i) The device’s air identification and 

removal response time. 

(ii) The device’s minimum air volume 

identification sensitivity. 

(iii) The minimum and maximum 

flow rates at which the device is capable 

of reliably detecting and removing air. 

(iv) Quantification of any fluid loss 

during device air removal operations as 

a function of flow rate. 

Dated: May 9, 2014. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2014–11174 Filed 5–15–14; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 79 

[Docket ID: DOD–2011–OS–0124] 

RIN 0790–AI81 

Child Development Programs (CDPs) 

AGENCY: Office of the Secretary, 

Department of Defense (DoD). 

ACTION: Interim final rule. 

SUMMARY: This interim final rule 

updates policy, responsibilities, and 

procedures for providing care to minor 

children birth through age 12 years of 

individuals who are eligible for care in 

DoD CDPs to include center-based care, 

family child care (FCC), school-age care 

(SAC), supplemental child care, and 

community based care; authorizes the 

publication of supporting guidance for 

the implementation of CDP policies and 

responsibilities, including child 

development training modules, program 

aids, and other management tools; and 

establishes the DoD Effectiveness Rating 

and Improvement System (ERIS). 

DATES: Effective date: This rule is 

effective May 16, 2014. 

Comment date: Comments must be 

received by July 15, 2014. 

ADDRESSES: You may submit comments, 

identified by docket number and/or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

2nd Floor, East Tower, Suite 02G09, 

Alexandria, VA 22350–3100. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Eddy Mentzer, 571–372–0857. 

SUPPLEMENTARY INFORMATION: 

Justification for Interim Final Rule 

This interim final rule provides 

overarching policy to the Military 

Departments in the execution of their 

roles in providing quality child 

development programs that ensure the 

safety and well-being of children in the 

DoD’s care. A 2012 Secretary of Defense 

directed audit of criminal background 

check processes for all DoD Child and 

Youth Services personnel revealed the 

need areas for all applicable directives 

to be updated to ensure current and 

accurate policy is incorporated. The 

White House and Secretary of Defense 

directed a priority review of the 

management and oversight of child and 

youth programs in 2013. The review 

noted variation in Service-level 

approaches to oversight inspections 

including headquarters-level 

comprehensive inspections and 

installation-level fire, health, and safety 

inspections. The report recommended 

the OSD promulgate guidance to ensure 

standardization and clarity. Defense 

child development program staff and 

leadership have committed to the 

SECDEF and White House that they are 

committed to improving the consistency 

by which these services are delivered 

and to ensure the safety and well-being 

of children in our care. This interim 

final rule addresses these 

recommendations and creates a stronger 

environment of standardization across 

the services. 

This interim final rule identifies the 

applicability of 32 CFR part 56, 

‘‘Nondiscrimination on the Basis of 

Handicap in Programs and Activities 

Assisted or conducted by the 

Department of Defense’’ that implement 

section 504 of the Rehabilitation Act for 

federally conducted and federally 

assisted programs as they apply to 

children and youth with special needs. 

This interim final rule expands previous 

policy by (1) Requiring procedures for 

reviewing and making reasonable 

accommodation of children with special 

needs that do not fundamentally alter 

the nature of the program; (2) 

considering the needs of the child, the 

disability, and the environment of group 

care in child development facilities or 

home-based care, staffing needs and 

training requirements, and resources of 

the program; and (3) including Child 

Development Programs as part of the 

multi-disciplinary Inclusion Action 

Team that supports families of children 

with special needs. 

This interim final rule extends child 

care benefits to same-sex spouse of 

Military Service members. At the 

direction of the President, the 

Department has conducted a careful and 

deliberative review of benefits currently 

provided. The Department has now 

identified family member and 

dependent benefits that we can lawfully 

provide to same-sex spouse and their 

children through changes in DoD 

policies and regulations. These benefits 

shall be extended to same-sex spouse 

and, where applicable, children of 

same-sex spouses. 

Executive Summary 

I. Purpose of the Regulatory Action 

a. This interim final rule proposes to: 

(a) update policy, responsibilities, and 

procedures for providing care to minor 

children birth through age 12 years of 

individuals who are eligible for care in 

Department of Defense Child 

Development Programs (CDP) to include 

center-based care, family child care 

(FCC), school-age care (SAC), 


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28408 Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 

supplemental child care, and 

community based care; (b) authorize the 

publication of supporting guidance for 

the implementation of CDP policies and 

responsibilities, including child 

development training modules, program 

aids, and other management tools; and 

(c) establish the DoD Effectiveness 

Rating and Improvement System (ERIS). 

b. The legal authority for the 

regulatory action is found in 10 U.S.C. 

1783, 1791 through 1800, 2809, and 

2812. 

II. Summary of the Major Provisions of 

the Regulatory Action In Question 

a. The rule combines the instructions 

for DoD’s Child Development Programs 

and School-Age Care Programs. This 

will ensure continuity of operations 

among programs providing child care 

services to children from the ages of 

birth to 12 years. 

b. The rule implements sections 1791 

through 1800 of Title 10 of the United 

States Code, commonly referred to as 

the Military Child Care Act. The 

updates reiterate the DoD’s goal to 

support the personnel and mission of 

DoD by providing child development 

programs to eligible patrons and 

reaffirms the parent/sponsor’s shared 

role in providing for the cost of child 

care. The rule affirms and does not alter 

the oversight requirements to ensure 

continued compliance with Federal 

mandates and statutory requirements 

and provides clarifying guidance related 

to staff qualifications, training and 

compensation. No changes were made 

to policy related to the early 

identification and reporting of alleged 

child abuse and neglect in DoD CDPs, 

requirements to meet national 

accreditation standards, and funding 

requirements as directed in sections 

1791 through 1800 of Title 10 U.S.C. 

c. The authority to provide supporting 

guidance for the implementation of CDP 

policies and responsibilities, including 

child development training modules, 

program aids, and other management 

tools is reaffirmed with no changes. 

d. The rule establishes the DoD 

Effectiveness Rating and Improvement 

System (ERIS), for use in assessing 

facility-based child care in communities 

outside of the military installation. The 

ERIS is compatible with Thirteen 

Indicators of Quality Child Care: 

Research Update (Fiene, 2002) and 

many state licensing requirements. This 

assessment supports the States’ efforts 

to develop and improve Quality Rating 

and Improvement Systems (QRIS) for 

child care programs and provides a 

foundation of research-based indicators 

of quality. Through the use of the ERIS 

recommendations and State QRIS and 

other quality improvement efforts, DoD 

can identify child care providers who 

meet quality indicators and may be 

eligible to receive subsidy payments to 

buy down the cost of care for military 

families. 

e. This rule extends benefits to samesex domestic partners of Military 

Service members and DoD civilians, at 

the direction of the President and the 

Secretary of Defense. 

III. Costs and Benefits 

This rule is intended to support the 

workforce and mission of the DoD. 

Quality child care programs within the 

DoD reduce the stress of families who 

have the primary responsibility for the 

health, safety and well-being of their 

children and help them balance the 

competing demands of family life and 

the DoD mission. CDPs provide access 

and referral to available, affordable, 

quality programs and services that meet 

the basic needs of children, from birth 

through age 12 years, in a safe, healthy, 

and nurturing environment. 

The DoD Child Care Program is 

funded through a combination of DoD 

funding and user fees charged to 

parents. The annual user cost is 

estimated at approximately $9,636,000 

for DoD retirees and contractors. This 

total includes 235 retirees (100 in Child 

Development Centers and 135 in School 

Age Programs) and 2,174 contractors 

(1,583 in Child Development Centers 

and 591 in School Age Programs). The 

annual cost is estimated at $4,000 per 

child. The user cost varies and is 

determined by calculating total family 

income. Costs for the annual reporting 

requirement as estimated to be $24,000 

per year (all costs are attributed to the 

Military Services). The vast majority of 

users are made up of military members. 

Other user groups are active duty 

military and DoD Civilians. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been determined that 32 CFR 

part 79 is a significant regulatory action 

as it does raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive Orders. 

However, 32 CFR part 79 does not: 

(1) Have an annual effect on the 

economy of $100 million or more; 

(2) Adversely affect in a material way 

the economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; 

(3) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

(4) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof. 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been certified that 32 CFR part 

79 does not contain a Federal mandate 

that may result in expenditure by State, 

local and tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 United States Code 

(U.S.C.) 601) 

It has been certified that 32 CFR part 

79 is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

Costs are to the users of the child 

development facilities. The vast 

majority of users are made up of 

military members. Other user groups are 

DoD Civilians, retirees and contractors. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

Sections 79.6(c)(2)(i)(A) and 79.6(c)(6) 

of this interim final rule contain 

information collection requirements. 

DoD has submitted the following 

proposal to OMB under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. Chapter 35). Comments are 

invited on: (a) whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of DoD, including whether the 

information will have practical utility; 

(b) the accuracy of the estimate of the 

burden of the proposed information 

collection; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden of the 

information collection on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. 

DD FORM 2606 

Title: Department of Defense Child 

Development Program Request for Care 

Record. 

Type of Request: New. 

Number of Respondents: 

Approximately 2,500 annually. 

Responses per Respondent: 1. 

Annual Responses: Approximately 

2,500. 

Average Burden per Response: 10 

minutes. 


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Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 28409 

Annual Burden Hours: 416 hours. 

Needs and Uses: To collect applicant 

information for CDPs and place 

applicants on waiting lists for program 

services. Information compiled from 

applicants is also used to assist 

management determination of 

effectiveness of present and projection 

of future program requirements. 

Affected Public: Patrons at DoD CDPs. 

Frequency: Once, upon request for 

care at DoD CDPs and annually 

thereafter. 

Respondent’s Obligation: Disclosure 

is voluntary; however, failure to furnish 

requested information will result in an 

incomplete request for care record and 

possible loss of placement on CDP 

waiting lists. 

DD FORM 2652 

Title: Application for Department of 

Defense Child Care Fees. 

Type of Request: New. 

Number of Respondents: 

Approximately 2,500 annually. 

Responses per Respondent: 1. 

Annual Responses: Approximately 

2,500. 

Average Burden per Response: 10 

minutes. 

Annual Burden Hours: 416 hours. 

Needs and Uses: A family’s child care 

fee category is determined based on an 

initial and subsequent annual 

verification of total family income (TFI). 

Families pay the child care fee assigned 

to that TFI category. A family’s fees may 

only be adjusted once per year, with 

exceptions listed in paragraph 

(c)(2)(i)(E) of this section. Total Family 

Income is determined utilizing DD Form 

2652. 

Affected Public: Patrons at DoD CDPs. 

Frequency: Once, upon initial 

enrollment at DoD CDPs and annually 

thereafter. 

Respondent’s Obligation: Disclosure 

is voluntary; however, failure to furnish 

requested information will result in the 

respondent being placed in the highest 

category for CDP fees. 

DD FORM X656 

Title: Basic Criminal History and 

Statement of Admission. 

Type of Request: New. 

Number of Respondents: 

Approximately 5,000 annually. 

Responses per Respondent: 1. 

Annual Responses: 5,000. 

Average Burden per Response: 10 

minutes. 

Annual Burden Hours: 832 hours. 

Needs and Uses: The form will be 

used to collect general information in 

regards to criminal background checks, 

prior convictions for crimes and 

references, which, by law, are required 

for child care workers. Additionally, the 

form will be used to track statements of 

conviction on an annual basis. 

Affected Public: Applicants to DoD 

CDPs. 

Frequency: Once, upon initial 

application and annual recertification 

thereafter. 

Respondent’s Obligation: Required to 

obtain or retain benefits; failure to 

furnish requested information or 

providing incorrect information will 

result in the individual being prevented 

from working within a DoD CDP. 

OMB Desk Officer: 

Written comments and 

recommendations on the proposed 

information collection should be sent to 

Ms. Jasmeet Seehra at the Office of 

Management and Budget, DoD Desk 

Officer, Room 10102, New Executive 

Office Building, Washington, DC 20503, 

with a copy to Eddy Mentzer at the 

Office of the Deputy Assistant Secretary 

of Defense, Military Community and 

Family Policy, Office of Children and 

Youth, 4800 Mark Center Drive—Room 

3G015, Alexandria, VA 22350. 

Comments can be received from 30 to 60 

days after the date of this notice, but 

comments to OMB will be most useful 

if received by OMB within 30 days after 

the date of this notice. 

You may also submit comments, 

identified by docket number and title, 

by the following method: 

* Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name, docket 

number and title for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http://

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

To request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, 

please write to Eddy Mentzer, Office of 

the Deputy Assistant Secretary of 

Defense, Military Community and 

Family Policy, Office of Children and 

Youth, 4800 Mark Center Drive—Room 

03G15, Alexandria, VA 22350. Phone: 

571.372.0857. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

79 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 79 

Child development programs, Child 

welfare, Infants and children. 

Accordingly, 32 CFR part 79 is added 

to read as follows: 

PART 79—CHILD DEVELOPMENT 

PROGRAMS (CDPs) 

Sec. 

79.1 Purpose. 

79.2 Applicability. 

79.3 Definitions. 

79.4 Policy. 

79.5 Responsibilities. 

79.6 Procedures. 

Authority: 10 U.S.C. 1783, 1791 through 

1800, 2809, and 2812. 

§ 79.1 Purpose. 

This part: 

(a) Reissues DoD Instruction (DoDI) 

6060.2 in accordance with the authority 

in DoD Directive (DoDD) 5124.02, 

‘‘Under Secretary of Defense for 

Personnel and Readiness (USD(P&R))’’ 

(available at http://www.dtic.mil/whs/ 

directives/corres/pdf/512402p.pdf) and 

DoD Instruction 1342.22, ‘‘Military 

Family Readiness’’ (available at http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

134222p.pdf) and the requirements of 

DoDD 1020.1 

(b) Updates established policy, 

assigns responsibilities, and prescribes 

procedures for providing care to minor 

children (birth through age 12 years) of 

individuals who are eligible for care in 

DoD CDPs. This includes: 

(1) Center-based care and communitybased care. 

(2) Family child care (FCC). 

(3) School-age care (SAC). 

(4) Supplemental child care. 

(c) Cancels DODI 6060.3 

(d) Implements 10 United States Code 

(U.S.C.) 1791 through 1800. 

(e) Authorizes the publication of 

supporting guidance for the 

implementation of CDP policies and 

responsibilities, including child 

development training modules, program 

aids, and other management tools. 

(f) Establishes the DoD Effectiveness 

Rating and Improvement System (ERIS), 

in accordance with 10 U.S.C. 1791 

through 1800. 

§ 79.2 Applicability. 

This part applies to the Office of the 

Secretary of Defense, the Military 

Departments, the Office of the Chairman 

of the Joint Chiefs of Staff and the Joint 


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28410 Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 

Staff, the Combatant Commands, the 

Office of the Inspector General of the 

Department of Defense, the Defense 

Agencies, the DoD Field Activities, and 

all other organizational entities within 

the DoD (hereinafter referred to 

collectively as the ‘‘DoD Components’’). 

§ 79.3 Definitions. 

Unless otherwise noted, these terms 

and their definitions are for the purpose 

of this part. 

Accreditation. Verification that a CDP 

has been assessed by an appropriate, 

external national accrediting body and 

meets the standards of quality 

established by that body. 

Affiliated family child care (FCC). 

Home-based child care services that are 

provided by licensed individuals in 

homes located off of the installation, 

who agree to comply with the standards 

outlined in this part. 

Appropriated funds (APF). Funds 

appropriated by Congress and received 

by the U.S. Government as tax dollars. 

APF employees. Civilian employees 

hired by DoD Components with APF. 

Includes temporary employees, 18 years 

or older. 

Caregiver. For the purpose of 

determining priority, a parent or an 

individual who performs the functions 

of a parent. 

Caregiving personnel. Civilian 

employees of a CDP who are directly 

involved with the care and supervision 

of children and are counted in the staff 

to child ratios. 

Child development program (CDP). 

Child care services for children of DoD 

personnel from birth through 12 years of 

age. 

CDP employee. A civilian employed 

by the DoD to work in a DoD CDP 

(regardless of whether the employee is 

paid from APF or NAF). 

Child(ren). A person under 18 years of 

age for whom a parent, guardian, or 

foster parent, is legally responsible. 

Child care fees. NAF derived from 

fees paid by Military members and other 

authorized users of child care services 

provided at a military CDC or other 

DoD-approved facility-based CDP. Also 

referred to as user fees or parent fees. 

Child care hour. One hour of care 

provided to one child. If a provider 

cares for six children for 10 hours, that 

is the equivalent of 60 child care hours. 

Combat related wounded warrior. A 

term referring to the entire population of 

wounded, ill and injured Service 

members and veterans who have 

incurred a wound, illness, or injury for 

which the member was awarded the 

Purple Heart or whose wound, illness, 

or injury was incurred as a direct result 

of armed conflict or while engaged in 

hazardous service or in the performance 

of duty under conditions simulating 

war, or through an instrumentality of 

war. 

Direct care personnel. Staff members 

whose main responsibility focuses on 

providing care to children and youth. 

DoD CDP Employee Wage Plan. The 

wage plan that uses a NAF pay banding 

system to provide direct service 

personnel with rates of pay substantially 

equivalent to other employees at the 

installation with similar training, 

seniority, and experience. Pay increases 

and promotions are tied to completion 

of training. Completion of training is a 

condition of employment. This wage 

plan does not apply to CDPs constructed 

and operated by contractors under DoDI 

1015.15, ‘‘Establishment, Management 

and Control of Nonappropriated Fund 

Instrumentalities and Financial 

Management of Supporting Resources’’ 

(see http://www.dtic.mil/whs/directives/ 

corres/pdf/101515p.pdf). 

DoD Certification to Operate. 

Certification issued to each DoD CDP 

after the program has been inspected by 

a representative(s) of the DoD 

Component or a major command, and 

found to be in compliance with DoD 

standards in § 79.6, paragraphs (a), (c)– 

(f), (i) and (j). 

DoD Child Abuse and Safety Hotline. 

A hotline (found at DoD’s Military 

Homefront Web site) required by 10 

U.S.C. 1794 that enables parents and 

visitors to anonymously report 

suspected child abuse or safety 

violations at a military CDP or home. 

Eligible patron. Patrons who qualify 

for CDP services, to include active duty 

Military Service members, DoD civilian 

employees paid from APF and NAF, 

Reserve Component Military Service 

members on inactive duty training, 

combat related wounded warriors, 

surviving spouses of military members 

who died from a combat related 

incident, eligible employees of DoD 

contractors, other Federal employees, 

and those acting in loco parentis of the 

aforementioned eligible patrons. 

Eligible employee of a DoD contractor. 

An employee of a DoD contractor or 

subcontractor, or individual under 

contract or subcontract to DoD, who 

requires physical access to DoD 

facilities at least two days out of a work 

week. 

Facility-based program. Refers to 

child care that is provided within a 

building, structure, or other 

improvement to real property. Does not 

include FCC homes. 

Family child care (FCC). Home-based 

child care services that are provided for 

Military Service members, DoD civilian 

employees, or eligible employees of a 

DoD contractor by an individual who is 

certified by the Secretary of the Military 

Department or Director of the Defense 

Agency or DoD Field Activity concerned 

as qualified to provide those services, 

and provides those services for 10 hours 

or more per week per child on a regular 

basis for compensation. Also referred to 

as family home day care, family home 

care, child development homes, and 

family day care. 

FCC administrator. DoD civilian 

employees or contract personnel, either 

APF or NAF, who are responsible for 

FCC program management, training, 

inspections, and other services to assist 

FCC providers. Includes program 

directors, monitors, outreach workers, 

United States Department of Agriculture 

(USDA) CACFP monitors, and 

administrative personnel. 

FCC provider. An individual 18 years 

of age or older who provides child care 

for 10 hours or more per week per child 

on a regular basis in his or her home 

with the approval and certification of 

the commanding officer, and has 

responsibility for planning and carrying 

out a program that meets the children’s 

needs at their various stages of 

development and growth. 

Family member. For a Military 

Service member, the member’s spouse 

or unmarried dependent child, or an 

unmarried dependent child of the 

member’s spouse. For an eligible DoD 

civilian employee or eligible employee 

of a DoD contractor, the employee’s 

spouse or same-sex domestic partner, or 

unmarried dependent child of the 

employee, employee’s spouse, or the 

employee’s same-sex domestic partner. 

Financial hardship. A severe hardship 

resulting from, but not limited to: 

Sudden and unexpected illness or 

accident of the spouse or the same-sex 

domestic partner of an eligible DoD 

Civilian employee; loss of the spouse’s 

or eligible DoD Civilian’s same-sex 

domestic partner’s employment or 

wages; property damage not covered by 

insurance; extraordinary and 

unforeseeable circumstances arising as a 

result of events beyond the control of 

the patron. 

Full-day care. This care meets the 

needs of parents working outside the 

home who require child care services 6 

hours or more per day on a regular 

basis, usually at least 4 days per week. 

Hourly care. Care provided in a CDP 

that meets the needs of parents 

requiring short-term child care services 

on an intermittent basis. Hourly care 

includes on-site group care. 

Individual with a disability. A 

handicapped person as defined in 32 

CFR part 56, in accordance with 29 

U.S.C. 705, also known as ‘‘Section 7 of 


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Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 28411 

The Rehabilitation Act of 1973,’’ as 

amended, and consistent with 42 U.S.C. 

12102, also known as ‘‘The Americans 

with Disabilities Act, as amended’’. 

Synonymous with the phrase ‘‘person 

with a disability.’’ 

Identification Action Team. A 

multidisciplinary team that supports 

families of children with special needs 

that consider the needs of the child, the 

disability, and the environment of group 

care in child development facilities or 

home-based care, staffing needs and 

training requirements, and the resources 

of the program. 

Infant. A child, aged birth through 12 

months. 

In loco parentis. In the place or 

position of a parent. An ‘‘in loco 

parentis’’ relationship is one in which a 

person takes on the role of a lawful 

parent by assuming the obligations and 

discharging the duties of a parent 

without formally becoming an adoptive 

parent or legal guardian. The child(ren) 

must reside with and be supported by 

the person. A special power of attorney 

to act ‘‘in loco parentis’’ is required to 

be on file. 

Military approved community based 

program. Military approved child care 

available to geographically dispersed 

eligible families. 

Military CDP facility. A facility on a 

military installation or operated by a 

DoD Component at which child care 

services are provided for Military 

Service members or DoD civilian 

employees or any other facility at which 

such child care services are provided 

that is operated by the Secretary of a 

Military Department. 

Military installation. Defined in 32 

CFR 238.3. 

Mixed-age group. A group of children 

that includes children from more than 

one age group. 

Multidisciplinary inspection team. An 

inspection team led by a representative 

of the installation commander with 

authority to verify compliance with 

standards. 

Non-appropriated funds (NAF). 

Funds derived from CDP fees paid by 

eligible patrons. 

NAF employees. Civilian employees 

hired by DoD Components and 

compensated from NAFI funds. Includes 

temporary employees, 18 years or older. 

Off-site group care. An option which 

provides child care on an occasional 

rather than a daily basis and allows onsite hourly group care when parents of 

children in care are attending command 

functions in the same facility. 

On-site group care. A child care 

program that provides on-site hourly 

group child care when a parent or 

guardian of the children in care are 

attending the same function and are in 

the same facility. 

Operational hardship. A program’s 

inability to operate at full capacity due 

to documented staffing shortages. 

Parent. The biological father or 

mother of a child; a person who, by 

order of a court of competent 

jurisdiction, has been declared the 

father or mother of a child by adoption; 

the legal guardian of a child; or a person 

in whose household a child resides at 

least 25 percent of the time in any 

month, provided that such person 

stands in loco parentis to that child and 

contributes at least one-half of the 

child’s support. 

Parent board. A group established 

pursuant to 10 U.S.C. 1783 and 1795 

comprised of parents who are also 

Military Service members, retired 

Military Service members, or spouses of 

Military Service members or retired 

Military Service members of children 

attending DoD CDPs, including FCC. 

This board shall act in an advisory 

capacity, providing recommendations 

for improving services. The board shall 

meet periodically with staff of the CDP. 

The board, with the advice of the 

program staff, shall be responsible for 

developing and overseeing the 

implementation of the parent 

participation program in accordance 

with 10 U.S.C. 1795. 

Parent participation plan. A planned 

group of activities and projects 

established by the Parent Board to 

encourage parents to volunteer in CDPs, 

including special events and activities 

(such as field trips, holiday events, and 

special curriculum programs), small 

group activities, special projects (such 

as playground improvement, 

procurement of equipment, and 

administrative aid), and parent 

education programs and training 

workshops to include child abuse 

prevention education for parents. 

Part-day care. This care meets the 

needs of parents working outside the 

home who require child care services on 

a seasonal or regularly scheduled partday basis for fewer than 6 hours per day, 

usually fewer than 4 days per week. 

Preschool-age. Children 36 months 

through 5 years of age. 

Pre-toddler. A child 13 months 

through 24 months of age. 

Qualifying children. Children of an 

eligible patron or their spouse or the 

same-sex domestic partner of eligible 

DoD civilian employees. 

Resource and referral (R&R). A 

service that provides information about 

child care services on and off the 

installation to meet patrons’ child care 

needs and maximize use of available 

sources of child care. 

Respite child care. Care for children 

that provides a parent or guardian 

temporary respite from their role as a 

primary caregiver. 

Same-sex domestic partner. A person 

in a same-sex domestic partnership with 

a uniformed service member, civilian 

employee or employee of a DoD 

contractor of the same-sex. 

Same-sex domestic partnership. A 

committed relationship between two 

adults of the same-sex in which the 

partners: 

(1) Are each other’s sole same-sex 

domestic partner and intend to remain 

so indefinitely; 

(2) Are not married (legally or by 

common law) to, joined in civil union 

with, or in a same-sex domestic 

partnership with anyone else; 

(3) Are at least 18 years of age and 

mentally competent to consent to 

contract; 

(4) Share responsibility for a 

significant measure of each other’s 

common welfare and financial 

obligations; 

(5) Are not related in a way that, if 

they were of opposite sex, would 

prohibit legal marriage in the state or 

U.S. jurisdiction in which they reside; 

and, 

(6) Maintain a common residence and 

intend to continue the arrangement (or 

would maintain a common residence 

but for the requirements of military 

service, an assignment abroad, or other 

employment-related, financial, or 

similar obstacle). 

School age care (SAC). Either facilitybased or home-based care for children 

ages 6–12, or those attending 

kindergarten, who require supervision 

before and after school, or during duty 

hours, school holidays, or school 

closures. 

School-age children. Children aged 6 

years through 12, or attending 

kindergarten through sixth grade, 

enrolled in a SAC program. 

Screen time. Time spent watching 

television, playing video games, or on 

the computer. 

Special needs. Children with special 

needs are children who may need 

accommodations to make child care 

accessible or may otherwise require 

more than routine and basic care; 

including children with or at risk of 

disabilities, chronic illnesses and 

physical, developmental, behavioral, or 

emotional conditions that require health 

and related services of a type or amount 

beyond that required by children in 

general. 

Staff:child ratio. The number of 

children for whom individual 

caregiving personnel or FCC providers 

shall be responsible. 


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Sudden Infant Death Syndrome 

(SIDS). The sudden, unexplained death 

of an infant younger than 1 year old. 

Supplemental child care. Child care 

programs and services that augment and 

support CDC and FCC programs to 

increase the availability of child care for 

military and DoD civilian employees. 

These may include, but are not limited 

to, resource and referral services, 

contract-provided services, short-term, 

hourly child care at alternative 

locations, and interagency initiatives. 

Support staff. Person(s) responsible 

for providing services not directly 

related to direct child care services, 

such as, but not limited to, janitorial, 

food service, clerical, and 

administrative duties. 

Surviving spouse. A spouse of a 

Service member who dies on active 

duty, active duty training, inactive duty 

training, or within 120 days after release 

from active duty if the death is due to 

a service-related disability. 

Third party administrator (TPA). An 

independent organization or entity 

contracted to perform identified services 

on behalf of the plan administrator. 

These services may include clerical and 

administrative functions such as 

enrollment and claims administration, 

payment of subsidies to providers and 

information services. 

Toddler. A child between the ages of 

24 and 36 months of age. 

Total family income (TFI). Includes 

all earned income including wages, 

salaries, tips, long-term disability 

benefits, voluntary salary deferrals, 

basic allowance for housing Reserve 

Component/Transit (BAH RC/T) and 

subsistence allowances and in-kind 

quarters and subsistence received by a 

Military Service member, civilian 

employee, a spouse, or, in the case of an 

eligible DoD civilian employee, the 

same-sex domestic partner, and 

anything else of value, even if not 

taxable, that was received for providing 

services. BAH RC/T and subsistence 

allowances mean the Basic Allowance 

for Quarters and the Basic Allowance 

for Subsistence received by military 

personnel and civilian personnel when 

provided (with respect to grade and 

status) and the value of meals and 

lodging furnished in-kind to military 

personnel residing on military bases. 

Training & curriculum specialist— 

Personnel whose main responsibility is 

providing training and oversight to 

other CDC or SAC employees. 

Unmet need. The number of children 

whose parents cannot work outside the 

home because child care is not 

available. 

Waiting list. List of children waiting 

for a CDP space and whose parents have 

requested space in a CDP and none is 

available. 

§ 79.4 Policy. 

In accordance with DoD Instruction 

1342.22, and 10 U.S.C. 1783, 1791 

through 1800, 2809, and 2812, it is DoD 

policy to: 

(a) Ensure that the CDPs support the 

mission readiness, family readiness, 

retention, and morale of the total force 

during peacetime, overseas contingency 

operations, periods of force structure 

change, relocation of military units, base 

realignment and closure, and other 

emergency situations (e.g. natural 

disasters, and epidemics). Although 

child care supports working parents, it 

is not an entitlement and parents must 

pay their share of the cost of child care. 

(b) Reduce the stress of families who 

have the primary responsibility for the 

health, safety and well-being of their 

children and help them balance the 

competing demands of family life and 

the DoD mission. CDPs provide access 

and referral to available, affordable, 

quality programs and services that meet 

the basic needs of children, from birth 

through 12 years of age, in a safe, 

healthy, and nurturing environment. 

(c) Conduct an annual internal 

certification process to ensure that all 

installation-operated CDPs are operating 

in accordance with all applicable 

Federal mandates and statutory 

requirements. 

(d) Provide child care to support the 

personnel and the mission of DoD. 

Eligibility is contingent on the status of 

the sponsor. 

(1) Eligible patrons include: 

(i) Active duty military personnel 

(ii) DoD civilian employees paid from 

either appropriated funds (APF) or nonappropriated funds (NAF). 

(iii) Reserve Component military 

personnel on active duty or inactive 

duty training status. 

(iv) Combat related wounded 

warriors. 

(v) Surviving spouses of Military 

members who died from a combat 

related incident. 

(vi) Those acting in loco parentis for 

the dependent child of an otherwise 

eligible patron. 

(vii) Eligible employees of DoD 

contractors. 

(viii) Others authorized on a space 

available basis. 

(2) In the case of unmarried, legally 

separated parents with joint custody, or 

divorced parents with joint custody, 

children are eligible for child care only 

when they reside with the Military 

Service member or eligible civilian 

sponsor at least 25 percent of the time 

in a month that the child receives child 

care through a DoD program. There may 

be exceptions as addressed in § 79.6. 

(e) Promote the cognitive, social, 

emotional, cultural, language and 

physical development of children 

through programs and services that 

recognize differences in children and 

encourage self-confidence, curiosity, 

creativity, self-discipline, and 

resiliency. 

(f) Employ qualified direct program 

staff whose progression from entry level 

to positions of greater responsibility is 

determined by training, education, 

experience, and competency. Ensure 

that civilian employees maintain their 

achieved position and salary as they 

move within the military child care 

system. 

(g) Certify qualified FCC providers 

who can support the mission 

requirements of the installation. 

(h) Facilitate the availability and 

expansion of quality, affordable, child 

care off of military installations that 

meet the standards of this part to ensure 

that geographically dispersed eligible 

families have access to legally operating 

military-approved community-based 

child care programs. 

(i) Promote the early identification 

and reporting of alleged child abuse and 

neglect in DoD CDPs in accordance with 

DoD Directive 6400.1, ‘‘Family 

Advocacy Program (FAP)’’ (see http://

www.dtic.mil/whs/directives/corres/pdf/

640001p.pdf). 

(j) Ensure that funding is available to 

meet Military Child Care Act 

requirements pursuant to 10 U.S.C. 1791 

through 1800 and protect the health, 

safety, and well-being of children in 

care. 

§ 79.5 Responsibilities. 

(a) The Assistant Secretary of Defense 

for Readiness and Force Management 

(ASD(R&FM)), under the authority, 

direction, and control of the USD (P&R) 

shall: 

(1) Monitor compliance with this part 

by personnel under his or her authority, 

direction, and control. 

(2) Annually review and issue a child 

care fee policy based upon total family 

income (TFI) for use by programs in the 

DoD child development system of care. 

(b) The Deputy Assistant Secretary of 

Defense for Military Community and 

Family Policy (DASD(MC&FP)), under 

the authority, direction, and control of 

the ASD(R&FM), shall: 

(1) Work across functional areas of 

responsibility and collaborate with 

other federal and non-governmental 

organizations to ensure access to a 

continuum of quality, affordable CDPs. 


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(2) Program, budget, and allocate 

funds and other resources to meet the 

objectives of this part. 

(3) Issue DD Form 2636, ‘‘Child 

Development Program, Department of 

Defense Certificate to Operate,’’ to the 

Military Departments for each CDP 

found to be in compliance with this 

part. 

(4) Require that the policies and 

related documents are updated and 

relevant to the program. 

(5) Report DoD Component program 

data to support legislative, research, and 

other requirements. 

(c) The Heads of the DoD Components 

shall: 

(1) Establish implementing guidance 

and ensure full implementation within 

12 months of the publication date, 

consistent with this part, to monitor 

compliance through regular inspection 

of CDPs and follow-up oversight actions 

as needed. 

(2) Program, budget, and allocate 

funds and other resources to meet the 

requirements of this part. 

(3) Establish a priority system for all 

patrons seeking to enroll children in 

CDPs in accordance with paragraph (a) 

of § 79.6. 

(4) Assess DoD Component demand 

and take appropriate action to address 

the child care capability needed on and 

off the installation in accordance with 

paragraph (g) of § 79.6. 

(5) Establish a hardship waiver policy 

to address financial and operational 

situations. 

(6) Submit fiscal year annual 

summary of operations reports to the 

DASD(MC&FP) by December 30 of each 

year using Report Control Symbol DD– 

P&R(A) 1884, ‘‘Department of Defense 

Child Development Program (CDP) 

Annual Summary of Operations.’’ 

(7) Require that background checks 

are conducted for individuals who have 

contact with children in DoD CDPs in 

accordance with DoDI 1402.5, ‘‘Criminal 

History Background Checks on 

Individuals in Child Care Services’’ 

(available at http://www.dtic.mil/whs/

directives/corres/pdf/140205p.pdf) and 

32 CFR part 86 and paragraph (c)(1) of 

§ 79.6. 

(8) Require that all individuals who 

have contact with children in a DoD 

CDP complete a DD Form X656 ‘‘Basic 

Criminal History and Statement of 

Admission’’. 

(9) Require that each CDP establishes 

a Parent Board in accordance with 10 

U.S.C. 1783 and 1795. 

(10) Forward the results of DoD 

Component inspections to the 

DASD(MC&FP). 

(11) Ensure that all incidents that 

occur within a DoD CDP and involve 

allegations of child abuse or neglect, 

revocation of accreditation, or 

hospitalization of a child, are reported 

to DASD (MC&FP) through the Office of 

Family Policy (OFP/CY) within 72 

hours of the incident. 

(12) Notify the DASD(MC&FP) 

through OFP/CY if, at any time, a 

facility in the CDP is closed due to a 

violation (see paragraph (c)(4)(ii) of 

§ 79.6, for more information on 

violations). 

(13) Provide the DASD(MC&FP) 

through OFP/CY with a copy of 

applications made in accordance with 

DoD Instruction 5305.5, ‘‘Space 

Management Procedures, National 

Capital Region’’ (see http://

www.dtic.mil/whs/directives/corres/pdf/

530505p.pdf) and 40 U.S.C. 590 to the 

U.S. General Services Administration 

(GSA) for building space for use in 

providing child care for DoD personnel, 

and comply with GSA standards for 

funding and operation of child care 

programs in GSA-controlled space. 

(i) Where the DoD is the sole 

sponsoring agency and the space has 

been delegated to the DoD by the GSA, 

the space must comply with the 

requirements prescribed in this part. 

(ii) For the National Capital Region, 

space acquisition procedures in DoD 

Instruction 5305.5 shall be used to gain 

the assignment of space in Governmentowned or Government-leased facilities 

from the GSA. 

(14) Require that CDPs follow the 

recommendations of the Advisory 

Committee on Immunization Practices 

(ACIP) and comply with generally 

accepted practices endorsed by the 

American Academy of Pediatrics (AAP) 

and Centers for Disease Control or the 

latest guidance provided by OFP/CY. 

(15) Establish and implement DoD 

Component-specific child care fees 

based on the DoD-issued fee policy on 

an annual basis, and issue supplemental 

guidance on fees for school-age 

programs, hourly care, preschool 

programs, DoD Component approved 

community-based programs, and FCC 

subsidies. Submit DoD Componentspecific requests for waiver for any 

deviation from DoD policy, including 

selection of the high or low cost fee 

option, to the Office of the DASD 

(MC&FP) through OFP/CY for approval. 

(16) Establish guidelines for 

communication between command, 

installation, and educational and 

behavioral support systems. 

(17) Require that all military 

installations under their authority 

follow guidance that addresses the ages 

and circumstances under which a child 

under 13 years of age can be left at home 

alone without adult supervision, also 

known as a ‘‘home alone policy,’’ or 

‘‘self-care policy.’’ The installation 

commander should approve this policy 

in consultation with the installation 

director of the Family Advocacy 

Program. Guidance is consistent with or 

more stringent than applicable laws and 

ordinances of the State and country in 

which the installations are located. 

(18) Establish guidance and operating 

procedures to provide services for 

children with special needs in 

accordance with 32 CFR part 56, 

‘‘Nondiscrimination on the Basis of 

Handicap in Programs and Activities 

Assisted or conducted by the 

Department of Defense’’ that implement 

section 504 of the Rehabilitation Act for 

federally conducted and federally 

assisted programs and 42 U.S.C. 12102, 

‘‘The American Disabilities Act’’ as they 

apply to children and youth with 

special needs. 

(i) Require procedures for reviewing 

and making reasonable accommodation 

for children with special needs that do 

not fundamentally alter the nature of the 

program. 

(ii) Consider the needs of the child, 

the disability, and the environment of 

group care in child development 

facilities or home-based care, staffing 

needs and training requirements, and 

the resources of the program. 

(iii) Include CDPs as part of the 

Multidisciplinary Inclusion Action 

Team that supports families of children 

with special needs. 

(19) Establish guidance and operating 

procedures to provide services for 

children of the deployed. 

(20) Establish standard risk 

management procedures for responding 

to emergency or contingency situations. 

This includes, but is not limited to, 

natural disasters, pandemic disease 

outbreaks, allegations of child abuse or 

neglect, active shooter, or an installation 

or facility lockdown. 

(21) Require that vehicles used to 

transport children comply with Federal 

motor vehicle safety standards in 

accordance with 49 U.S.C. 30125 and 

applicable State or host nation 

requirements. 

(22) Notify applicable civilian patrons 

annually of their potential tax liability 

associated with child care subsidies, 

and ensure that information required by 

the third party administrator (TPA) is 

provided in accordance with 26 U.S.C. 

129. 

(23) Require that a current plan to 

implement direct cash subsidies to 

military-approved child care providers 

to expand the availability of child care 

spaces and meet specialized child care 

needs, such as weekend and evening 

care, special needs, deployment 


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28414 Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 

support, and respite child care support, 

is in place. 

(d) The Secretaries of the Military 

Departments, in addition to the 

responsibilities in paragraph (c) of this 

section, shall: 

(1) Work with the Heads of the DoD 

Components to implement CDPs in 

accordance with this part. 

(2) Notify the OFP/CY of any Servicewide specific requirements that will 

require a waiver to deviate from existing 

policy. 

(e) The Installation Commanders 

(under the authority, direction, and 

control of the Secretary of the Military 

Department concerned) shall: 

(1) Require that CDPs within his or 

her jurisdiction are in compliance with 

this part. 

(2) Require that child care fees are 

used in accordance with DoD 

Instruction 5305.5 and paragraph (c)(2) 

of § 79.6. 

(3) Require that CDP direct program 

staff are paid in accordance with 

Volume 1405 of DoD Instruction 

1400.25, ‘‘DoD Civilian Personnel 

Management System: Nonappropriated 

Fund (NAF) Pay and Allowances’’ 

(available at http://www.dtic.mil/whs/

directives/corres/pdf/1400.25- 

V1405.pdf). Ensure 75 percent of the 

program’s direct program staff total 

labor hours are paid to direct program 

staff who are in benefit status. 

(4) Require that there are adequate 

numbers of qualified professional staff 

to manage the CDPs according to the 

Service manpower and child space 

staffing requirements and referenced in 

paragraphs (c) and (d) of § 79.6 of this 

part. 

(5) Manage child care priority policy, 

as directed by their respective DoD 

Component. 

(6) Manage hardship waiver policy 

(financial and operational), as directed 

by their respective DoD Component. 

(7) Review and validate the demand 

for installation child care capacity and 

take appropriate action to expand the 

availability of care as needed. See 

paragraph (h) of § 79.6 of this part. 

(8) Convene a Parent Board, and 

ensure that a viable Parent Participation 

Program is in accordance with 10 U.S.C. 

1783 and 1795. 

(9) Implement mandated annual and 

periodic inspections and complete 

required corrective and follow-up 

actions within timeframes specified by 

their respective DoD Component. 

(f) Directors of the Defense Agencies 

and DoD Field Activities. In addition to 

the responsibilities in paragraph (c) of 

this section, the Directors of the Defense 

Agencies and DoD Field Activities shall: 

(1) Require that CDPs within his or 

her jurisdiction are in compliance with 

this part. 

(2) Require that child care fees are 

used in accordance with DoD 

Instruction 5305.5 and paragraph (c)(2) 

of § 79.6. 

(3) Require that CDP direct program 

staff are paid in accordance with 

Volume 1405 of DoD Instruction 

1400.25. Ensure 75 percent of the 

program’s direct program staff total 

labor hours are paid to direct program 

staff who are in benefit status. 

(4) Require that there are adequate 

numbers of qualified professional staff 

to manage the CDPs according to the 

Service manpower and child space 

staffing requirements and referenced in 

paragraphs (c) and (d) of § 79.6 of this 

part. 

(5) Manage child care priority policy, 

as directed by their respective DoD 

Component. 

(6) Manage hardship waiver policy 

(financial and operational), as directed 

by their respective DoD Component. 

(7) Review and validate the demand 

for installation child care capacity and 

take appropriate action to expand the 

availability of care, as needed. See 

paragraph (h) of § 79.6 of this part. 

(8) Convene a Parent Board, and 

require that a viable Parent Participation 

Program is in accordance with 10 U.S.C. 

1783 and 1795. 

(9) Implement mandated annual and 

periodic inspections and complete 

required corrective and follow-up 

actions within timeframes specified by 

their respective DoD Component. 

§ 79.6 Procedures. 

(a) Priority System. To the extent 

possible, CDPs shall be offered to the 

qualifying children of eligible patrons. 

(1) Priority 1. The highest priority for 

full-time care shall be given to 

qualifying children from birth through 

12 years of age of combat related 

wounded warriors, child development 

program direct care staff, single or dual 

active duty Military Service members, 

single or dual DoD civilian employees 

paid from APF and NAF, surviving 

spouses of military members who died 

from a combat related incident, and 

those acting in loco parentis on behalf 

of the aforementioned eligible patrons. 

With the exception of combat related 

wounded warriors, ALL eligible parents 

or caregivers residing with the child are 

employed outside the home. 

(2) Priority 2. The second priority for 

full-time care shall be given equally to 

qualifying children from birth through 

12 years of age of active duty Military 

Service members, DoD civilian 

employees paid from APF and NAF, 

surviving spouses of military members 

who died from a combat related 

incident, and those acting in loco 

parentis on behalf of the aforementioned 

eligible patrons, where a non-working 

spouse, or in the case of a DoD civilian 

employee with a same-sex domestic 

partner, is actively seeking employment. 

The status of actively seeking 

employment must be verified every 90 

days. 

(3) Priority 3. The third priority for 

full-time care shall be given equally to 

qualifying children from birth through 

12 years of age of active duty Military 

Service members, DoD civilian 

employees paid from APF and NAF, 

surviving spouses of military members 

who died from a combat related 

incident, and those acting in loco 

parentis on behalf of the aforementioned 

eligible patrons, where a non-working 

spouse, or in the case of a DoD civilian 

employee with a same-sex domestic 

partner, is enrolled in an accredited 

post-secondary institution. The status of 

post-secondary enrollment must be 

verified every 90 days. 

(4) Space Available. After meeting the 

needs of parents in priorities 1, 2, and 

3, CDPs shall support the need for fulltime care for other eligible patrons such 

as active duty Military Service members 

with non-working spouses, DoD civilian 

employees paid from APF and NAF 

with non-working spouses or same-sex 

domestic partners, eligible employees of 

DoD Contractors, Federal employees 

from non-DoD agencies, and military 

retirees on a space available basis. In 

this category, CDPs may also authorize 

otherwise ineligible patrons in 

accordance with 10 U.S.C. 1783, 1791 

through 1800, 2809, and 2812 to enroll 

in the CDP to make more efficient use 

of DoD facilities and resources. 

(5) Individual priorities will be 

determined based on the date of 

application with the DoD Component. 

Components may only establish subpriorities if unique mission related 

installation requirements are identified 

by higher headquarters. 

(b) Types of Care. The types of care 

offered for children from birth through 

12 years of age include 24/7 care and 

care provided on a full-day, part-day, 

short-term or intermittent basis. 

(1) Military-Operated CDPs. Militaryoperated (on and off installation) CDPs 

generally include: 

(i) CDCs. Reference Table 1 of this 

section of this part for standards of 

operation for CDCs. CDCs primarily 

offer care to children from birth to 5 

years of age, but may also be used to 

provide SAC programs. 

(ii) SAC Programs. Reference Table 1 

of this section for SAC standards of 


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operation. SAC programs primarily offer 

care to children from 6 to 12 years of 

age. Care may be offered in CDCs and 

other installation facilities, such as 

youth centers and schools. 

(iii) FCC. Reference Table 2 of this 

section for FCC standards of operation. 

Child care services are available to 

children from infancy through 12 years 

of age and are provided in government 

housing or in state licensed/regulated 

homes in the community. 

(iv) Supplemental Child Care. 

Services include short-term alternative 

child care options in approved settings 

on and off installation. 

(v) Part-Day and Hourly Programs. 

CDP space used for part-day and hourly 

programs, including programs to 

provide respite child care, shall not 

exceed 20 percent of the CDP program’s 

capacity during duty hours. 

(2) Military Department, Defense 

Agency, and DoD Field ActivityApproved Supplemental Child Care 

Programs. See paragraph (g) of this 

section. 

(c) Administration, Funding and 

Oversight of Military Operated CDPs. 

Unless otherwise noted, the 

requirements in this section apply to all 

DoD-operated CDPs. 

(1) Background Checks. All 

background checks for individuals who 

have regular, recurring contact with 

children and youth in CDPs, including 

adult family members of FCC providers 

and any individual over the age of 18 

living in a home where child care is 

provided, and persons who serve as 

substitute or backup providers, shall be 

conducted in accordance with 32 CFR 

part 86. 

(2) Funding. CDPs are funded by a 

combination of APF and NAF. 

(i) The amount of APF used to operate 

CDPs shall be no less than the amount 

collected through child care fees, except 

for CDCs that operate under a long-term 

facility’s contract or lease-purchase 

agreement under 10 U.S.C. 2809 and 

2812. 

(A) A family’s child care fee category 

is determined based on an initial and 

subsequent annual verification of TFI. 

Families pay the child care fee assigned 

to that TFI category. A family’s fees may 

only be adjusted once per year, with 

exceptions listed in paragraph 

(c)(2)(i)(E) of this section. TFI is 

determined utilizing DD Form 2652. 

(B) APF may be used to subsidize 

child care in military-approved civilian 

programs in accordance with 10 U.S.C. 

1791 through 1800. 

(C) DoD Components establishing 

child care fee assistance programs for 

their employees must contribute the 

amounts required to pay subsidies out 

of agency APFs. 

(D) FCC providers are private 

contractors. Fees are established 

between the provider and parent, unless 

such providers receive direct monetary 

subsidies. When FCC providers receive 

direct monetary subsidies to reduce the 

cost of care for the families they service, 

the installation commander or DoD 

Component shall determine relevant 

fees charged by FCC providers. 

(E) Fees may be adjusted: 

(1) By the installation commander, 

Defense Agency Director, or DoD Field 

Activity Director: 

(i) On a case-by-case basis for families 

who are facing financial hardship or 

unusual circumstances that merit 

review, in accordance with established 

DoD Component guidance. 

(ii) For parents participating in an 

approved parent participation program. 

(2) By the DoD Components, Defense 

Agency Director, or DoD Field Activity 

Director: 

(i) To accommodate an optional high 

market rate when it is necessary to pay 

higher wages to compete with local 

labor or at those installations where 

wages are affected by non-foreign area 

cost of living allowance (COLA), post 

differential or locality pay. The optional 

low market rate may be used in areas 

where costs for comparable care within 

the installation catchment area are 

significantly lower. A request to utilize 

the high or low market rate options 

must be submitted to OFP/CY for 

approval. 

(ii) To reflect changes in employment 

status, relocation, and annual internal 

reviews that find inaccurate 

determination or calculation of TFI. 

(iii) For CDP employees when CDC 

programs are facing operational 

hardships. 

(ii) Child Development Program 

Element APF may be used for: 

(A) Salaries of CDP employees. 

(B) Food. 

(C) Training and education. 

(D) Program accreditation fees and 

support services. 

(E) Travel and transportation. 

(F) Marketing, to include recruitment, 

retention, and participation efforts. 

(G) Supplies and equipment, to 

include lending libraries and training 

materials for use by FCC providers. 

(H) Local travel expenses incurred by 

FCC program staff using their private 

vehicles to perform government 

functions. 

(I) Direct monetary subsidies to FCC 

providers. 

(iii) To the maximum extent possible, 

child care fees shall cover the NAF cost 

of care, and NAF costs not covered by 

child care fees are to be minimized. 

Child care fees shall only be used for: 

(A) Compensation of direct care CDP 

employees who are classified as NAF 

employees, to include training and 

education, and recruitment and 

retention initiatives approved by the 

DoD Component. 

(B) Food-related expenses not paid by 

the USDA or DoD APFs. 

(C) Consumable supplies. 

(3) Facility Requirements and 

Construction. 

(i) Minimum prescribed construction 

standards: 

(A) For all Marine Corps, Navy, and 

Air Force CDC facility construction, the 

Unified Facilities Criteria (UFC) 4–740– 

14, ‘‘Design: Child Development 

Centers’’ (see http://www.wbdg.org/ccb/ 

DOD/UFC/ufc_4_740_14.pdf) apply. 

(B) For all Army CDC facility 

construction, the Army Standard for 

Child Development Centers (see 

https://mrsi.usace.army.mil/fdt/

Army%20Standards/CDC%20age%

206wk%20to%205yr%20

Army%20Standard.pdf) apply. 

(C) When SAC is provided in youth 

facilities, UFC 4–740–06, ‘‘Youth 

Centers’’ (see http://www.wbdg.org/ccb/ 

DOD/UFC/ufc_4_740_06.pdf) and 

Service-specific exceptions to the UFC 

apply. 

(D) State and local construction 

standards may be used but are not 

required, except if the CDC facility is 

located on an area over which the 

United States has no legislative 

jurisdiction and then only if State and 

local standards are more stringent than 

those in UFC 4–740–14. 

(ii) All facilities shall comply with the 

structural requirements of the National 

Fire Protection Association 101, ‘‘Life 

Safety Code®’’ 2012 (available at 

http://www.nfpa.org/aboutthecodes/

AboutTheCodes.asp?DocNum=101&

cookie%5Ftest=1) 

(4) Oversight. 

(i) DoD Certification Inspection. 

Installation-operated CDPs in which 

care is provided for 10 or more child 

care hours per week on a regular basis 

shall be certified to operate through 

inspections occurring no fewer than 

four (4) times a year. Inspections must 

be unannounced, and parent and staff 

feedback shall be solicited as part of the 

inspection process. 

(A) Three local inspections and one 

higher headquarters inspection shall be 

conducted to verify compliance with 

this part and DoD Component 

implementing guidance. Local 

inspection teams are led by a 

representative of the installation 

commander, Defense Agency Director, 

or Defense Field Activity Director, and 


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28416 Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 

a multidisciplinary team, to include 

human resource, fire, health, and safety 

proponents, with expertise and 

authority to verify compliance with this 

part. 

(1) Local inspections include an 

annual comprehensive health and 

sanitation inspections, annual 

comprehensive fire and safety 

inspections, and a multidisciplinary 

inspection whose team that includes 

parent representation. Community 

representation on the team by 

appropriate professionals is highly 

encouraged. 

(2) DoD Component inspection teams 

inspecting CDPs serving children birth 

through 12 years of age shall include 

staff possessing: 

(i) A baccalaureate degree in child 

development, early childhood education 

(ECE), home economics (early 

childhood emphasis), elementary 

education, special education, or other 

degree appropriate to the position filled 

from an accredited college; 

(ii) Knowledge of child/youth 

development programs; or 

(iii) A combination of education and 

experience that provide knowledge 

comparable to that normally acquired 

through the successful completion of a 

4-year degree (experience must include 

at least 3 years of full-time teaching or 

management experience with children 

of the appropriate age group). 

(3) Parents shall be interviewed as 

part of the DoD Component inspection. 

Additional inspections shall be 

conducted in response to program 

complaints in accordance with 

paragraph (b) of § 79.5. 

(4) Results of DoD Component 

inspections shall be provided by the 

DoD Component to the ODASD(MC&FP) 

through OFP/CY. CDPs whose 

inspection results demonstrate 

compliance with this part shall receive 

DD Form 2636. Certificates shall be 

displayed in a prominent location in the 

CDP. 

(5) Inspection results shall be made 

available to parents. Results from 

inspections of CDC programs shall be 

available online. 

(6) Periodic, unannounced 

inspections shall be made by the 

ODASD(MC&FP) to ensure compliance 

with the requirements in this part. 

(7) In response to each inspection, a 

corrective action plan with appropriate 

timelines shall be developed to address 

any deficiencies identified during 

inspection. 

(ii) Violations. The installation 

commander, Defense Agency Director or 

DoD Field Activity Director shall ensure 

the immediate remedy of any lifethreatening violation of this part or 

other safety, health, and child welfare 

laws or regulations (discovered at an 

inspection or otherwise) at a DoD CDP, 

or he or she will close the facility (or 

affected parts of the facility). 

(A) In the case of a violation that is 

not life-threatening, the commander of 

the major command under which the 

installation concerned operates, or the 

Director of the Defense Agency or DoD 

Field Activity concerned, may waive the 

requirement that the violation be 

remedied immediately for up to 90 days 

beginning on the date of discovery of 

the violation. 

(B) If the violation that is not lifethreatening is not remedied by the end 

of that 90-day period, the facility or 

parts involved will be closed until the 

violation is remedied. 

(C) The Secretary of the Military 

Department, or Director of the Defense 

Agency or DoD Field Activity 

concerned, may request a waiver of the 

requirements of the preceding sentence 

to authorize the program to remain open 

in a case where the violation cannot 

reasonably be remedied within the 90- 

day period or in which major facility 

reconstruction is required. A waiver 

request must be submitted to OFP/CY 

for approval. 

(iii) Accreditation. Eligible CDP 

facilities (excluding FCC) shall be 

accredited by a DoD-approved national 

accrediting body. CDP oversight is a 

statutory requirement involving an 

external nationally recognized 

accreditation process and internal DoD 

Certification process. 

(A) FCC providers shall be 

encouraged to seek accreditation from 

an appropriate national accrediting 

body. 

(B) The percentage of CDP facilities 

successfully achieving accreditation 

shall be reflected in the Annual 

Summary of Operations report 

referenced in § 79.5. 

(iv) Monitoring. There shall be a 

system in place to monitor FCC homes 

on a regular basis during all hours of 

operation. The following information 

shall be maintained for FCC providers: 

(A) Results of family interview. 

(B) Background check with suitability 

determination. 

(C) Inspection results. 

(D) Insurance. 

(E) Training records. 

(F) Monitoring visit records. 

(5) Parent Board. In accordance with 

10 U.S.C. 1783 and 1795, each CDP 

shall establish a Parent Board to discuss 

problems and concerns and to provide 

recommendations for improving CDPs. 

The Board, with the staff of the program, 

is responsible for coordinating a parent 

participation program. 

(i) The Board shall be composed only 

of parents of children enrolled in the 

installation CDP facilities that are 

Military Service members, retired 

Military Service members, or spouses of 

Military Service members or retired 

Military Service members, and chaired 

by such a parent. 

(ii) The Board shall meet periodically 

with the staff of the program and the 

installation commander, Defense 

Agency Director, or DoD Field Activity 

Director to discuss problems and 

concerns. Board recommendations shall 

be forwarded to the installation 

commander, Defense Agency Director, 

or DoD Field Activity Director for 

review and disposition. These 

recommendations are reviewed during 

the DoD certification inspection. 

(iii) The Board shall coordinate a 

parent participation program with CDP 

staff to ensure parents are involved in 

CDP planning and evaluation. In 

accordance with 10 U.S.C. 1795, parents 

participating in such program may be 

eligible for child care fees at a rate lower 

than the rate that otherwise applies. 

(6) Enrollment. To enroll in the CDP, 

parents shall complete DD Form 2606 or 

electronic equivalent, DoD Child 

Development Program Request for Care 

Record. At the time of enrollment in an 

installation-based CDP, parents shall 

provide: 

(i) Child(ren)’s health and emergency 

contact information. 

(ii) Documentation that children have 

been fully immunized. 

(A) Children who have not received 

their age-appropriate immunizations 

prior to enrollment and do not have a 

documented religious or medical 

exemption from routine childhood 

immunizations shall show evidence of 

an appointment for immunizations; the 

immunization series must be initiated 

within 30 days. 

(B) Children in SAC are not required 

to provide documentation if they are 

enrolled in a local public school system 

where proof of currency of vaccination 

is required. 

(iii) Children’s records shall be 

updated annually or as needed for their 

health, safety, or well-being. 

(7) Immunizations. Children enrolling 

in or currently enrolled in DoD CDPs 

must provide written documentation of 

immunizations appropriate for the 

child’s age. Per AR 40–562/

BUMEDINST 6230.15A/AFJI 48–110/CG 

COMDTINST M6230.4F, 

‘‘Immunizations and 

Chemoprophylaxis’’ (see http://

www.vaccines.mil/documents/969r40_

562.pdf), immunizations recommended 

by the ACIP are required. 


TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 28417 

(i) All records shall be updated at 

least annually and kept on file. Any 

child not enrolled in a school system 

where proof of currency of vaccination 

is required must provide proof of 

currency. 

(ii) Children enrolled in a local public 

school system and volunteer sports 

coaches are excluded from this 

requirement. 

(iii) A waiver for an immunization 

exemption may be granted for medical 

or religious reasons. Philosophical 

exemptions are not permitted. The DoD 

Component must provide guidance on 

the waiver process. 

(A) A statement from the child’s 

health care provider is required if an 

immunization may not be administered 

because of a medical condition. The 

statement must document the reason 

why the child is exempt. 

(B) If an immunization is not 

administered because of a parent’s 

religious beliefs, the parent must 

provide a written statement stating that 

he or she objects to the vaccination 

based upon religious beliefs. 

(C) During a documented outbreak of 

a contagious disease (as determined by 

local DoD Medical authorities) that has 

a vaccine, the child who is attending the 

program under an immunization waiver 

for that vaccine, will be excluded from 

the program for his or her protection 

and the safety of the other children and 

staff until the contagious period is over. 

(iv) Civilian employees (including 

specified regular volunteers) and FCC 

providers shall obtain appropriate 

immunization against communicable 

diseases in accordance with 

recommendations from the ACIP. The 

requirement for appropriate 

immunization is a condition of 

continued employment or active 

participation in the program or 

organization. 

(A) This requirement is waived if a 

current immunization, a protective titer, 

or a medical exemption is approved and 

documented. A waiver for an 

immunization exemption may also be 

granted for religious reasons. 

Philosophical exemptions are not 

permitted. 

(B) The DoD Component must provide 

guidance on the waiver process. The 

DoD Component must approve all 

waivers and documentation of the 

waiver kept on file. 

(C) During a documented outbreak of 

a contagious disease, staff with a waiver 

will be excluded from the program for 

their protection and the safety of the 

other children and staff until the 

contagious period is over. 

(8) Child Abuse Prevention and 

Reporting. In accordance with 10 U.S.C. 

1794, CDPs shall minimize the risk for 

child abuse. 

(i) CDPs shall have standard operating 

procedures for reporting cases of 

suspected child abuse and neglect, and 

all employees, employees of DoD 

contractors, individuals working with 

CDPs, providers, volunteers and parents 

shall be informed of child abuse 

prevention, and identification and 

reporting requirements. Staff shall be 

knowledgeable of the child abuse 

reporting requirements. 

(ii) In accordance with 10 U.S.C. 

1794, the DoD Child Abuse and Safety 

Hotline telephone number shall be 

posted in highly visible areas, including 

the facility lobby, where parents have 

easy access to the telephone number. 

The hotline number shall be published 

in parent handbooks and other media. 

(9) Programming and Standards of 

Operation. All CDPs shall establish a 

planned program of developmentally 

appropriate activities, and adhere to the 

standards of operation outlined in 

Tables 1 and 2 of this section. 

(d) Personnel. Installation-based CDP 

personnel and FCC providers shall meet 

the following requirements: 

(1) CDC Directors. CDC directors shall 

have at a minimum: 

(i) A baccalaureate degree in child 

development, ECE, home economics 

(early childhood emphasis), elementary 

education, special education, or other 

degree appropriate to the position filled 

from an accredited college; or 

(ii) A combination of education and 

experiences, which provide knowledge 

comparable to that normally acquired 

through the successful completion of 

the 4-year course of study in a childrelated field. 

(2) SAC Directors. Directors shall have 

at a minimum: 

(i) A baccalaureate degree in a field of 

child or youth development, such as 

youth recreation, physical education, 

elementary education, secondary 

education, child development, 

psychology, social work, or other degree 

appropriate to the position filled from 

an accredited college; or 

(ii) A combination of education and 

experiences, which provide knowledge 

comparable to that normally acquired 

through the successful completion of 

the 4-year course of study in a child 

development or youth-related field. 

(3) Training and Curriculum 

Specialists. Each program within the 

CDP shall employ at least one training 

and curriculum specialist. Training and 

curriculum specialists shall have at a 

minimum: 

(i) A baccalaureate degree with a 

major course of study directly related to 

child or youth development, ECE or an 

equivalent field of study from an 

accredited college, or a combination of 

education and experiences, which 

provide knowledge comparable to that 

normally acquired through the 

successful completion of the 4-year 

course of study in the field of child or 

youth development or ECE. 

(ii) Knowledge of early childhood or 

youth education principles, concepts, 

and techniques to develop, interpret, 

monitor, and evaluate the execution of 

curriculum and age-appropriate 

activities. 

(iii) Knowledge of adult learning 

techniques and strategies and 

experience training adult learners. 

(iv) Ability to support DoD 

certification, accreditation, and staff 

credentialing (Child Development 

Associate (CDA), Associate of Arts (AA) 

Degree) by ensuring that required 

training is administered and 

successfully accomplished to meet 

statutory and program requirements. 

(4) FCC Administrators. FCC 

administrators shall have at a minimum: 

(i) A baccalaureate degree with a 

major course of study directly related to 

child or youth development, family 

studies, or an equivalent field of study 

from an accredited university; or 

(ii) A combination of education and 

experiences, which provide knowledge 

comparable to that normally acquired 

through the successful completion of 

the 4-year course of study in the field of 

child or youth development or family 

studies. 

(5) CDP Direct Care Personnel, 

Support Staff, and FCC Providers. CDP 

direct care personnel and support staff, 

as a condition of employment, and FCC 

providers shall, as a condition of 

participation: 

(i) Be at least 18 years of age. 

(ii) Hold a high school diploma or 

equivalent. 

(iii) Read, speak, and write English. 

(iv) Successfully pass a preemployment physical, maintain current 

immunizations and be physically and 

behaviorally capable of performing the 

duties of the job. 

(e) Training. Each CDP must have a 

DoD Component-approved training 

program. Satisfactory completion of 

training is a condition of employment 

for staff in a center-based program and 

for providers offering care in FCC 

homes. 

(1) CDP Management Personnel. CDP 

management personnel, including CDP 

directors (CDC directors, FCC 

administrators, and SAC directors), 

shall receive annual training, which 

includes the following topics: 

(i) Child abuse prevention, 

identification, and reporting. 


TKELLEY on DSK3SPTVN1PROD with RULES
28418 Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 

(ii) Program administration, including 

APF and NAF financial management, 

funding metrics, and fiscal 

accountability. 

(iii) Staff development and personnel 

management. 

(iv) Prevention of illness and injury 

and promotion of health. 

(v) Emergency procedures and 

preparedness. 

(vi) Working with children with 

special needs. 

(vii) Developmentally appropriate 

practices. 

(2) Training and Curriculum 

Specialists. Training and curriculum 

specialists shall receive annual training, 

to include the following topics: 

(i) Child abuse prevention, 

identification, and reporting. 

(ii) Developmentally appropriate 

practices. 

(iii) Principles of adult learning. 

(iv) Prevention of illness and injury 

and promotion of health. 

(v) Emergency procedures. 

(vi) Working with children with 

special needs. 

(3) CDP Direct Care Personnel and 

FCC Providers. 

(i) Training requirements for direct 

care personnel (excluding FCC 

providers) shall be linked to the DoD 

CDP Employee Wage Plan implemented 

in response to 10 U.S.C. 1783, and 1791 

through 1800 to include completion of 

the DoD-approved competency based 

training modules within DoD 

Component specified time frames. 

(ii) All newly hired CDP direct care 

personnel and FCC providers shall 

complete 40 hours of orientation. 

Orientation shall begin prior to working 

with children, with the full 40 hours 

completed within the first 90 days of 

employment. Orientation completion 

shall be documented for each direct care 

personnel or FCC provider. Orientation 

includes: 

(A) Working with children of different 

ages, including developmentally 

appropriate activities and 

environmental observations. 

(B) Age-appropriate guidance and 

discipline techniques. 

(C) Applicable regulations, policies, 

and procedures. 

(D) Child safety and fire prevention. 

(E) Child abuse prevention, 

identification, and reporting. 

(F) Parent and family relations. 

(G) Health and sanitation procedures, 

including blood-borne pathogens, 

occupational health hazards for direct 

care personnel, and recognizing 

symptoms of illness. 

(H) Emergency health and safety 

procedures, including pediatric 

cardiopulmonary resuscitation (CPR) 

and first aid. 

(I) Safe infant sleep practices and 

Sudden Infant Death Syndrome (SIDS) 

prevention. 

(J) Nutrition, obesity prevention, and 

meal service. 

(K) Working with children with 

special needs. 

(L) Accountability and child 

supervision training. 

(M) For FCC providers only, infant 

and child (pediatric) CPR and first aid 

must be completed prior to accepting 

children for care. Training shall be 

updated as necessary to maintain 

current certifications. 

(N) For FCC providers only, training 

in business operations. 

(iii) CDP direct care personnel and 

FCC providers shall complete additional 

training specified by the DoD 

Component within 90 days of beginning 

work. The training shall include, at a 

minimum, in-depth training on the 

subjects covered in the orientation as 

well as infant and child (pediatric) CPR 

and first aid, which shall be updated as 

necessary to maintain current 

certifications. 

(iv) CDP direct care personnel and 

FCC providers shall complete a 

minimum of 24 hours per year of 

ongoing training by the DoD Component 

approved training program. Training 

shall include child abuse prevention, 

identification and reporting, safe infant 

sleep practices and SIDS prevention, 

working with children with special 

needs, and if required, administering 

medication. 

(v) Substitute FCC providers must 

complete a basic orientation and 

background checks prior to providing 

care. Such orientation includes child 

abuse prevention, identification and 

reporting, working with children with 

special needs, safety procedures and 

pediatric CPR and first aid, and SIDS 

prevention. The FCC provider’s spouse 

may serve as a backup provider on a 

limited basis, as designated by the DoD 

Component and must complete the 

required substitute FCC provider 

training. 

(4) CDP Support Staff. CDP support 

staff shall participate in annual training 

related to the latest techniques and 

procedures in child care, including 

topics on child abuse prevention, 

identification and reporting, and other 

training related to their position. 

(f) Volunteers. All volunteers shall be 

screened, trained, and supervised in 

accordance with DoD Instruction 1402.5 

and 32 CFR part 86; and DoD 

Instruction 1100.21, ‘‘Voluntary 

Services in the Department of Defense’’ 

(see http://www.dtic.mil/whs/directives/ 

corres/pdf/110021p.pdf) and DoD 

Component implementing guidance, as 

appropriate to their role. Volunteers 

may not be alone with children and are 

not counted in the staff ratio. All 

regularly scheduled volunteers shall be 

trained in: 

(1) Program orientation. 

(2) Age-appropriate learning 

activities. 

(3) Child abuse identification, 

reporting and prevention. 

(4) Age-appropriate guidance and 

discipline. 

(5) Working with children with 

special needs. 

(6) Child health and safety. 

(7) Safe infant sleep practices and 

SIDS prevention. 

(8) Emergency procedures. 

(9) Applicable regulations and 

installation policy. 

(10) Role of the volunteer in the CDP. 

(g) Supplemental Child Care. On-site 

group care services are designed to 

provide occasional, intermittent care to 

children on an hourly basis, including 

respite child care. 

(1) When on-site group care is 

provided in an installation CDP facility 

by CDP staff members, the requirements 

of this part apply. 

(2) When on-site group care is 

provided in a non-CDP facility by CDP 

personnel and parents are not on site, 

the requirements of this part apply. 

(3) When on-site group care is 

provided in a non-CDP facility by CDP 

personnel and parents remain on site, 

the facility is not required to meet the 

requirements of this part. 

(4) When on-site group care is 

provided in an alternative facility by 

volunteers or parents, and the parent or 

guardian remain on site, the 

requirements of this part do not apply. 

(h) Administration and Oversight of 

Community-Based Care Providers. 

(1) Types of Care. Efforts shall be 

made to expand the availability of these 

programs through referrals to 

comparable programs off of the 

installation through participation in 

consortiums with other Federal and 

non-governmental entities. 

(i) Efforts shall be made to ensure 

quality, affordable child care options 

exist for all eligible patrons, including 

those who are geographically dispersed 

active duty military and their families. 

Community-based child care options are 

designed to supplement, not replace, 

child care programs on the installation. 

(ii) Care may be delivered through 

military-approved community-based 

CDPs, utilizing a myriad of delivery 

systems, including existing child care 

facilities, schools, recreation and afterschool and summer programs, and 

home-based care programs. 

(iii) Programs that support the needs 

of eligible deployed families in militaryVerDate Mar<15>2010 20:35 May 15, 2014 Jkt 232001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\16MYR1.SGM 16MYR1

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Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 28419 

approved community-based child care 

programs where care is needed for a 

short-term basis during the deployment 

phase must meet the State licensing 

regulations and requirements and be 

inspected by an outside agency once a 

year. All other types of care must meet 

the intent of this part. 

(iv) Programs shall meet State 

licensing standards for background 

checks. 

(v) Military-approved communitybased child care programs will be 

encouraged to participate in an 

evaluation process utilizing the ERIS in 

this section, a detailed assessment tool 

developed by the DoD to evaluate 

facility-based child care providers. 

(2) Subsidies. 

(i) The DoD Components may 

subsidize a portion of the cost of child 

care incurred by eligible active duty and 

DoD civilian employees. 

(ii) Subsidies resulting from the child 

care provided to children of active duty 

military members are excluded from 

gross income pursuant to 26 U.S.C. 134. 

(iii) Subsidies provided to DoD 

civilian employees may qualify for 

exclusion from gross income, provided 

the specific program used qualifies 

under 26 U.S.C. 129(d) and the 

employee receives the subsidy for an 

eligible purpose on behalf of an eligible 

child as described in 26 U.S.C. 21(a) and 

21(b). Subsidies in excess of the 

excludable amounts will be treated as 

gross income under 26 U.S.C. 61. 

Employees are advised to consult with 

a qualified tax expert with questions or 

concerns related to taxability of child 

care subsidies. 

(iv) Child care programs and 

providers who offer their services under 

this provision must comply with the 

standards outlined in this part and must 

be approved by the plan administrator 

or designee prior to issuance of subsidy 

payments by a DoD Component. 

(v) The DoD Components are 

responsible for budgeting for child care 

subsidies and are not to establish a 

special fund out of which child care 

subsidies are paid, nor will eligible 

users of Military Child Development 

Programs be required to make a 

contribution as a condition of receiving 

a child care subsidy. 

(vi) The DoD Components have the 

discretion to amend or terminate their 

participation in a child care subsidy 

program under this plan at any time. 

The benefits in this section are not 

guaranteed and may be reduced by plan 

amendment. 

(vii) The OFP/CY will designate a 

TPA to administer the Military 

Department, Defense Agency, and DoD 

Field Activity civilian child care 

subsidy program for all DoD 

Components. Each civilian sponsor 

must register with the TPA contracted 

by the Defense Department. 

(A) The TPA shall annually document 

family and provider eligibility, TFI, 

child data, and other information 

required to comply with reporting 

requirements, in accordance with 26 

U.S.C. 21(a), 21(b), 61, 129, and 134. 

(B) The TPA shall provide 

authorization and payment of child care 

subsidies to the provider. All subsidy 

payments shall be made to the child 

care provider. 

(C) The TPA shall comply with fee 

assistance guidelines established by the 

individual DoD Components. 

(i) Augmented Program Support. 

When possible, CDPs should utilize 

personnel, such as behavioral health 

consultants and school liaison officers 

to assist the program staff and parents 

with children’s social-emotional 

development and behavior. These 

personnel shall assist staff, parents, and 

children in developing skills to respond 

to challenging behaviors and reduce 

stress for staff and participating 

children. 

(j) CDC and SAC Standards of 

Operation, FCC Standards of Operation, 

and the ERIS. 

(1) Table 1 outlines the minimum 

operational standards required for 

installation-based CDCs and SACs to 

receive the DoD Certificate to Operate. 

These standards implement the policy 

requirements of paragraphs (a), (c)–(f), 

and (i) of this section. When a SAC 

program operates within a CDC, SAC 

standards of operation shall be used for 

the SAC portion of the program. 

(2) Table 2 outlines the minimum 

operational standards required for 

installation-based and affiliated FCC 

providers to receive the DoD Certificate 

to Operate. These standards implement 

the policy requirements outlined in the 

body of this part. 

(3) Table 3 outlines the operational 

standards for community-based child 

care facilities. These standards, in 

addition to the state licensing 

requirements, may be used to determine 

eligibility of child care subsidies under 

conditions designated by the DoD 

Components. Programs eligible to 

receive child care subsidies when the 

Service member is deployed must meet 

the state licensing requirements and be 

annually inspected. 

TABLE 1—CDC AND SCHOOL-AGE PROGRAMS STANDARDS OF OPERATIONS

A. Administrative 

Both CDC and SAC 

The program has implemented the fee policy in accordance with current DoD and DoD Component guidance. If appropriate, the program has 

an approved waiver to utilize the high cost fee option. 

75 percent of the program’s total labor hours are paid to direct program staff who are in benefit status. 

Unannounced inspections are conducted by program staff following complaints. 

B. Facility 

Facility: Both CDC and SAC 

The DoD Certificate to Operate is displayed in a prominent location. 

Newly constructed CDP facilities follow the UFC or Service guidance for program capacity and capability. 

The facility food service area supports the sanitary preparation and service of healthy foods. 

All playgrounds, playground surfaces, and equipment meet American Society for Testing and Materials and Consumer Product Safety Commission (CPSC) guidelines. 

There is a balance of sun and shade on the playground and a variety of surfaces, such as resilient surfaces, and natural elements. CDC playgrounds include equipment for riding, climbing, balancing, and swinging. 

The program provides opportunities for active play every day, indoors and outdoors. Children have ample opportunity to do vigorous activities 

such as running, climbing, dancing, skipping, and jumping. 

Programs use gardens to educate children about healthy eating. 

The square footage of useable space for each child in each activity room meets the requirements of the UFC or Service-specific guidelines. 


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28420 Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 

TABLE 1—CDC AND SCHOOL-AGE PROGRAMS STANDARDS OF OPERATIONS—Continued 

Sound absorbing materials, such as ceiling tiles and rugs are used to minimize noise levels. 

Areas used by children have adequate lighting for safety, evacuation, and security measures, are ventilated and kept at a comfortable temperature. 

There is adequate and convenient storage space for equipment and materials. 

Individual space is provided for each child’s belongings. 

Supervised private areas where children can play or work alone or with a friend are available indoors and outdoors. 

Bathrooms, drinking water, and hand-washing facilities are easily accessible to children. 

Clean, sanitary drinking water is readily available at all times. 

The facility includes a place for adults to take a break away from children, an adult bathroom, a secure place for staff to store their personal belongings, and an administrative area for planning or preparing materials that is separated from the children’s areas. 

The facility includes soft elements that help create a home-like environment. 

Facility: CDC ONLY 

The square footage of activity space per child meets the requirements of the UFC or Service specifications for facilities built after 2002. A minimum of 50 square feet per child of activity space is provided for infants in facilities built prior to 2002. 

If more than one care group occupies a single room, each group has its own defined physical space and primary interest centers.

Outdoor play areas directly adjoin CDCs. Playgrounds for alternative program options must be accessible via a route free from hazards and are 

located within 1/8 mile from the facility. 

Playgrounds are enclosed by a fence and meet the requirements of the UFC. 

The square footage of playground space per child meets the requirements of the UFC or Service specific guidelines. The playground area is capable of supporting 30 percent of the total capacity of the CDC in a center of 100 or more children, and all the children in centers with a capacity of fewer than 100 children. 

The facility has a designated place set aside for breastfeeding mothers who want to come during work to breastfeed, as well as a private area 

with an outlet (not a bathroom) for mothers to pump their breast milk. 

Facility: SAC ONLY 

There are separate male and female bathrooms for children as well as separate multi-unit restrooms for staff and visitors or a system to ensure 

that adults and teens do not use the bathrooms at the same time as children in SAC. 

C. Health and Sanitation 

Health and Sanitation: Both CDC and SAC 

A comprehensive health and sanitation inspection has been conducted within the last 12 months, corrective actions have been completed per 

specified timelines, and the inspection report is available for review. 

The program shall require that all children enrolling in CDPs provide written documentation of immunizations appropriate for the child’s age in 

accordance with Army Standard for Child Development Center. Children enrolled in the SAC program are not required to provide documentation if they are enrolled in a local public school system. 

Staff employed by the CDP and regular volunteers shall be current for all immunizations recommended for adults by the ACIP of the Centers for 

Disease Control and Prevention. All must provide written documentation of immunization. 

There is a policy in place that addresses the daily informal screening for illness based on criteria established by the DoD Component. This policy also addresses admission back into the CDP after an illness. 

There is a policy in place that addresses food or other allergies, special accommodations, or potentially life-threatening conditions. 

Individual medical problems and accidents are recorded and reported to management staff and families, and a written record is kept of such incidents. 

Only physician-prescribed medications are administered; medications are only given with the written approval of the child’s parents; and medications given are documented. 

Providers have documented parental permission to apply basic topical care items such as sunscreen, insect repellant, and lotion. 

A plan exists for dealing with medical emergencies that include written parental consent forms, and transportation arrangements approved by 

the DoD Component. 

Policies and procedures are followed for administering and storing medication. Designated staff are trained to administer medications, and the 

training is updated annually or as required by state laws. 

The facility is cleaned daily, and as needed throughout the day. Food preparation areas, bathrooms, diapering areas, hand-washing facilities, 

and drinking fountains are sanitary. 

A sink with running water at a comfortable temperature of no more than 110 degrees temperature is very close to bathrooms and diapering 

areas. 

Staff and children wash hands before and after eating, after toileting and diapering, after handling animals, after entering the facility from outdoors, before water play, after wiping their nose, and after any other activity when the hands become contaminated. Signs are posted reminding staff and children of proper hand-washing procedures. 

Staff and volunteers follow universal precautions to prevent transmission of blood-borne diseases and the program has a blood-borne pathogen 

procedure, as required by the Occupational Safety and Health Administration (OSHA). 

The program requires parents to provide proper attire for active play indoors and outdoors. 

At least one staff member, who has certification in first aid treatment, including CPR for infants and children and emergency management of 

choking, is always present. Current certificates are kept on file. 

Health and Sanitation: CDC ONLY 

Infant equipment is washed and disinfected at least daily. Toys that are mouthed are removed immediately after mouthing and are washed and 

sanitized prior to being used by another child. 

Individual bedding is washed at least once a week and used by only one child between washings. Individual cribs, cots, and mats are washed if 

soiled. 

Diapering procedures are in accordance with national recommendations and are posted in diapering areas. 


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TABLE 1—CDC AND SCHOOL-AGE PROGRAMS STANDARDS OF OPERATIONS—Continued 

Sinks used for diapering are not co-located with food service areas or the sink used for dishwashing. 

D. Fire and Safety 

Fire and Safety: Both CDC and SAC 

Comprehensive fire and safety inspections have been completed within the last 12 months, corrective actions have been completed per specified timelines, and the inspection reports are available for review. 

A safety walk-through of all play areas is conducted daily. Safety concerns are identified, documented, and corrected immediately or put off limits to children until they can be corrected. 

The building, playground, and all equipment are maintained in safe, clean condition, are in good repair, and there are no observable safety hazards in the indoor and outdoor program space. 

Stairways and ramps are well lighted and equipped with handrails, where appropriate. 

Fire extinguishers, smoke detectors, and carbon monoxide detectors, where required, are in working order, and documentation shows status is 

checked monthly. 

Adequate first aid supplies are readily available and maintained. First aid supplies are available during field trips and outings. 

Toys and materials do not present a choking hazard for children under age 3 years. 

Chemicals and potentially dangerous products, such as medicine or cleaning supplies, are stored in original, labeled containers in locked cabinets inaccessible to children. Diluted bleach solution must be accessible to staff in an unlocked location, but inaccessible to children. 

There is a written plan for reporting and managing emergencies, including terrorist attacks, severe storm warnings, medical and pandemic 

emergencies, or a lost or missing child, which includes shelter in place and evacuation procedures. Staff and volunteers understand the plan. 

Evacuation drills are conducted monthly at different times of the day or evening when children are in care. The drills are documented. 

Emergency telephone numbers including police, fire, rescue, and poison control services are posted by telephones and are available at all 

times. 

Staff and regular volunteers are familiar with primary and secondary evacuation routes and practice evacuation procedures monthly with children. 

A system is in place to keep unauthorized people from taking children from the program. 

Smoking and use of tobacco is not permitted in the facility or in the sight or presence of children. 

Fire and Safety: CDC ONLY 

Cribs meet the current CPSC guidelines. 

CPSC crib safety guidelines are followed: infants are placed on their backs for sleeping; soft cushions, such as pillows, comforters, thick blankets, quilts, or bumper pads are not used in cribs. 

E. Parent Involvement/Participation 

Parent Involvement/Participation: Both CDC and SAC 

Parents have access to their children at all times, are helped to feel welcome and comfortable, and are treated with respect. 

Written information is available to families, including operating policies and procedures, program philosophy, and a parent participation plan. 

Programs are encouraged to include the culture and language of the families they serve. Families are encouraged to share their heritage and 

culture. 

Parents are offered a program orientation as a part of the child enrollment process. 

Parents are informed about the program and curriculum and about policy or regulatory changes and other critical issues that could potentially 

affect the program, through newsletters, bulletin boards, technology, and other appropriate means. 

Families are encouraged to participate in the planning and evaluation of the CDC and SAC programs with regards to their child’s care and development. They are encouraged to be involved in the program in various ways, taking into consideration working parents and those with little 

spare time. 

There is a parent board that meets on a scheduled basis through in-person or virtual meetings. The board meets periodically to provide opportunities for families to have input regarding policies, procedures, and plans for meeting children’s needs. 

Staff work in collaborative partnerships with families, establishing and maintaining daily or ongoing two-way communication with children’s parents to build trust, share changes in a child’s physical or emotional state regularly, facilitate smooth transitions for children, and ensure that 

children’s learning and developmental needs are met. 

Policies ensure that staff and parents have an effective way of negotiating difficulties and differences that arise in their interactions. 

Programs inform families on how to increase physical activity, improve nutrition, and reduce screen time (TV, video games, computers, etc.). 

The program provides information to parents to ensure that each child has routine health assessment by the child’s primary care provider, according to standards of the AAP, to include evaluation for nutrition-related medical problems. 

Parent Involvement/Participation: CDC ONLY 

Conferences are held at least once per year and at other times, as needed, to discuss children’s progress, accomplishments, and difficulties at 

home and at the program. 

F. Learning Activities and Interaction with Children 

Both CDC and SAC 

Learning activities reflect the program’s written statement of its philosophy and goals for children. This statement is available to all staff and 

families. 

The program is designed to reasonably accommodate and be inclusive of all children, including those with identified disabilities as well as special learning, medical, and developmental needs. 

Programs have established a planned program of developmentally appropriate activities that recognizes the individual differences of children 

and provides an environment that encourages children’s self-confidence, self-help, life skills, curiosity, creativity, and self-discipline. 

Staff include age-appropriate nutrition education activities in the curriculum. 


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28422 Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 

TABLE 1—CDC AND SCHOOL-AGE PROGRAMS STANDARDS OF OPERATIONS—Continued 

The daily schedule provides a balance of activities in consideration of the child’s daily routine and experience. 

Staff are engaged and interact frequently with children, speaking in a friendly, positive, and courteous manner, respectful of gender, race, religion, family background, special needs, and culture. The physical environment supports these interactions. 

Staff conduct smooth and unregimented transitions between activities and are flexible in changing planned or routine activities, as appropriate. 

Infants and toddlers are not expected to function in large group activities. 

Staff use a variety of teaching strategies to enhance children’s learning and development throughout the day. 

Staff addresses bullying and supports positive behavior by modeling appropriate behavior, responding consistently to issues, and encouraging 

children to resolve their own conflicts, when possible and appropriate. 

The outdoor environment meets the needs of children, allows them to be independent and creative, and have access to a variety of age-appropriate outdoor equipment and games. Staff plan and participate in children’s active play. 

Program materials are in good condition, sufficient for the number of children in the program, developmentally appropriate for the age of the 

children, and appropriate to the activities offered. 

Screen time and the use of passive media is limited and developmentally appropriate. Media viewing and computer use is not permitted for children younger than 2 years. 

CDC Only 

There is a DoD Component-approved curriculum that supports school readiness. It is based on knowledge of child and youth development and 

learning, and assessment of individual needs and interests. 

Developmentally appropriate activities emphasize concrete experiential learning and promote development in six developmental domains: social, physical, language and literacy, cognitive and intellectual, emotional, and cultural. 

Individual observations of children’s development and learning are written, compiled, assessed, and are used as a basis for planning appropriate learning activities. 

Staff plan with families to make toileting, feeding, and the development of other self-regulation skills a positive experience for children. 

SAC Only 

Developmentally appropriate activities encourage physical fitness; positive self-esteem; intellectual, social, and physical achievement; leadership 

skills and initiative; lifelong recreation skill; positive use of leisure time; moral development and community leadership; self-reliance and independence; and respect for diversity. 

SAC daily schedules are flexible, provide stability without being rigid, allow youth to 

meet their physical needs (e.g., water, food, restrooms) in a relaxed way, allow children to move smoothly from one activity to another (usually 

at their own pace), and facilitate smooth transitions when it is necessary for children to move as a group. 

Appropriate protected internet access and programs that teach technology are available. 

G. Nutrition and Food Service 

Both CDC and SAC 

Meals and snacks are a pleasant, social learning experience for children. 

The DoD Components will establish policies that are consistent with USDA guidelines for meals provided by parents. Under limited circumstances when meals are provided by parents, food storage and handling procedures are approved by local health and sanitation authorities. 

Unless documented circumstances approved by the DoD Component prevent enrollment, all programs must enroll in the USDA CACFP (United 

States Department of Agriculture Child and Adult Care Food Program). 

Dietary modifications are made on the basis of recommendations by the child’s primary medical care provider and are documented. Documentation is available for religious and medical dietary substitutions. Menus contain some vegetarian meals. 

The program provides or posts menus showing all foods to be served during that month. Core and cyclical menus are approved by a nutritionist 

or registered dietician. Foods typical of the child’s culture and religious preferences, as well as a variety of healthful foods that may not be familiar to the child, are included. 

The program provides healthy meals and snacks that include restrictions on the provision of juice and beverages with added sweeteners and no 

fried, high-fat, or highly salted foods. 

Meals and snacks are conducted using family-style dining. In SAC programs, snacks may be served buffet style. 

CDC Only 

The program encourages, provides arrangements for, and supports breastfeeding. 

There is an accountability system in place for bottles, including bottles for breast milk. Bottle-feeding is done in such a way as to minimize disease and promote interaction. Infants are held for bottle-feeding, bottles are never propped, never heated in a crock pot or microwave, and 

infants are never put to sleep with a bottle. 

One adult should not feed more than one infant for bottle feeding, two children in high chairs, or three children who need assistance with feeding at the same time. 

H. Supervision of Children 

Both CDC and SAC 

The following staffing requirements are met at all times, except during nap time (for CDC): 

a. For infants from birth to 12 months, there are never more than four children per staff member. 

b. For pre-toddlers 13 months to 24 months, there are never more than five children per staff member. 

c. For toddlers, 25 months to 36 months, there are never more than seven children per staff member. 

d. For children 37 months through 5 years, there are never more than twelve children per staff member. 

e. For children 6 years through 12 years, there are never more than fifteen children per staff member. 

During rest time, the staff-to-child ratios for children over 24 months of age may increase to twice the non-napping staff-to-child ratio. Sufficient 

staff are required to remain in the building during rest time to meet the non-napping ratios and be available to assist with emergencies. 


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Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 28423 

TABLE 1—CDC AND SCHOOL-AGE PROGRAMS STANDARDS OF OPERATIONS—Continued 

The following maximum group sizes are followed at all times: 

a. For infants birth to 12 months, there are never more than eight children per group. 

b. For pre-toddlers 13 months to 24 months, there are never more than ten children per group. 

c. For toddlers, 25 to 36 months, there are never more than fourteen children per group. 

d. For children thirty-seven months through five years, there are never more than twenty-four children per group. 

e. For SAC, there are never more than thirty children per group. 

In multi-age groupings, the Service may follow the ratio per age group. For example, four infants and five pre-toddlers equal a group of nine 

with two direct care personnel, or seven toddlers and twelve preschoolers equal a group of nineteen with two direct care personnel. 

Volunteers or persons under 18 years of age may not be counted in determining compliance with staff-to-child ratios and are not allowed to 

work alone with children. 

The program has an accountability system in place. Each staff member has primary responsibility and accountability for a group of children. 

There is specific accountability for each child by one staff member. Systems are in place for accounting for children’s whereabouts, especially 

during periods of transition and emergencies. 

Children are released only to their parents or guardian. Children may be released to a designee when signed permission is given by the parent 

or guardian. 

Families are notified about procedures and policies for field trips. Families are notified of all activities outside the center. 

Children are under adult supervision at all times. Staff are not permitted to use personal electronic devices (including, but not limited to cell 

phones, iPods, smart phones, etc.) when supervising children. 

CDC Only 

At least two staff members must be present with each group of children at all times. When one staff person is alone with a single ratio of children, the program director or designee frequently monitors the room through closed circuit television or visual access panels to ensure oversight by more than one adult. In this case, the staff member must have an initiated National Agency Check Investigation (NACI) and the program director or designee must have a completed NACI. 

Infants and toddlers spend the majority of the time interacting with staff who have primary responsibility for them each day. 

SAC Only 

At least two paid staff members shall be present whenever children are in the facility. 

Adult volunteers may supplement paid staff during field trips and other activities away from the facility. Only paid staff are counted in the ratio. 

Signed permission is given by the parent allowing the child to self-release for a specific organized activity. Self-release procedures are consistent with the installation home alone policy or self-care policy. 

I. Child Abuse Prevention and Reporting 

Both CDC and SAC 

A NACI to include a name-based criminal history record check (State and Federal) and fingerprint check has been initiated on all staff. Background checks are tracked to ensure completion in a timely manner. 

All individuals in a CDP who have contact with children have completed a DD Form X656 ‘‘Basic Criminal History and Statement of Admission’’ 

Updates to the background checks are completed every five years. 

Newly hired staff without a completed background check are readily identifiable and work within line of sight of a staff member with a completed 

check. 

Hiring practices include careful checking of references of all potential employees and volunteers. 

The program has a written guidance, discipline, and touch policy that is available to staff and families. Staff do not use corporal punishment or 

other negative discipline methods that hurt, humiliate, or frighten children. 

The program has a child abuse and neglect policy that includes reporting requirements for staff as well as procedures to be followed should a 

staff member be accused of abuse or neglect. This information is included in employee handbooks. All staff are knowledgeable of the policy. 

The DoD Child Abuse and Safety Hotline telephone number is displayed in a highly visible area where parents can see it. The telephone number is published in parent handbooks and other brochures. 

The facility is designed in accordance with the Unified Facilities Criteria (UFC) 4–740–14, ‘‘Design: Child Development Centers,’’ to help minimize the risk of child abuse: 

a. Access to children by those not employed by the program is restricted. 

b. Areas to which a child or children can be taken out of view of others are limited. 

c. All exit doors that do not open onto a fenced area have operating alarms, except the main entrance to the facility and the kitchen entrance. 

d. Evening or weekend care is provided in rooms located near the front entryway to facilitate additional supervision by the front desk staff 

and parents. 

e. In the CDC: 

1) Children can be observed at all times by parents and supervisors. 

2) There is visual access into and throughout activity rooms used for care, including nap time. Closed-circuit television, vision panels, 

and convex mirrors are used as necessary to facilitate visual access. 

3) Diapering areas are visible. 

All persons other than employees and family members bringing in or picking up children sign in and out at the front desk or with appropriate 

personnel. Visitors to the CDP shall sign in and out of the facility and wear a visitors badge at all times while they are in the facility or on 

playgrounds. 

If transportation is provided for children by the program, vehicles are equipped with age-appropriate restraint devices in accordance with State 

and Federal requirements. The program maintains documentation that vehicles used in transporting children are appropriately licensed, inspected, and maintained. A current copy of the appropriate driver’s license and Department of Motor Vehicles driving record is on file for staff 

members who transport children. 

In SAC programs, a procedure for accountability when a child fails to show for the program is in place and followed. 


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28424 Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 

TABLE 2—FCC STANDARDS OF OPERATION

A. Administrative 

The installation regulates FCC in accordance with DoD Component requirements, ensuring care is not permitted unless subject to inspection 

and approval. 

Processes are in place to support recruitment and retention of FCC providers. 

Unannounced inspections are conducted by program staff following complaints. 

B. Home 

Where applicable, the DoD Component has a process to register and certify homes located off the installation or in privatized government housing. 

The Certificate to Operate, issued by the DoD Component or designee, is displayed in a prominent location. 

Providers can demonstrate proof of current liability insurance. 

There is a signed contract between each family and provider. Parents are informed of changes in the provider’s household composition. 

Children are cared for by the provider or an approved substitute. Parents and the FCC administrator are informed when a substitute provider 

will be caring for their children. Civilian members of the provider’s household providing care as a substitute must be approved and trained. 

Active duty Military Service members may serve as substitute providers only under circumstances approved by the DoD component. 

There is adequate space indoors and outdoors in the home for the number of children in care to play, rest, and eat. 

C. Health and Sanitation 

On installations, comprehensive fire, safety, and sanitation inspections have been completed within the last 12 months, and the inspection reports are available for review. 

The provider notifies parents and FCC of medical emergencies, communicable diseases or illness of the children, the provider, or the provider’s 

family member(s). Health consultants will be informed based on installation policy. 

Children are informally screened daily for illness based on criteria established by the DoD Component. Children are readmitted after illness only 

when their presence no longer endangers the health of other children. 

Only physician-prescribed medications are administered; medications are only given with the written approval of the child’s parents; and medications given are documented. 

Providers have documented parental permission to apply basic topical care items such as sunscreen, insect repellant, and lotion. 

Procedures for diapering, hand washing, and toileting are followed in accordance with national recommendations. 

Providers follow universal precautions to prevent transmission of blood-borne diseases, and the provider has a blood-borne pathogen procedure, as required by OSHA. 

Providers and children wash hands before and after eating, after toileting and diapering, after handling animals, after entering the home from 

outdoors, before water play, after wiping their nose, and after any other activity when the hands become contaminated. Signs are posted reminding providers and children of proper hand-washing procedures. 

Homes are maintained in a sanitary manner. 

Individual bedding is washed at least once a week and used by only one child between washings. Individual cribs, cots, and mats are washed if 

soiled. 

Infant equipment is washed and disinfected at least daily. Toys that are mouthed are removed immediately after mouthing and are washed and 

sanitized prior to being used by another child. 

All windows used for ventilation are properly screened. 

Providers do not consume alcohol while children are in care. 

Smoking is not permitted in the home or outdoor area while children are in care. 

D. Fire and Safety 

There are policies in place to ensure the home operates to protect children against the risk of fire and safety hazards. 

There is a policy to keep children protected from hazards stemming from poisoning, toxic materials, electrical shock, standing water, unsafe 

playground equipment, and strangulation. 

There is a written plan for reporting and managing emergencies, including terrorist attacks, severe storm warnings, medical and pandemic 

emergencies, or a lost or missing child, which includes shelter in place and evacuation procedures. Providers and volunteers understand the 

plan. 

First aid supplies are readily available for emergencies and maintained. 

Evacuation drills are conducted monthly at different times of the day or evening when children are in care. The drills are documented. 

There is a working landline or cellular phone within the home. Emergency telephone numbers including police, fire, rescue, and poison control 

services, and instructions are accessible or kept with the telephone(s). 

Providers use safety gates to prevent children from falls. Door locks that can entrap children inside a bathroom or bedroom may be opened 

from the outside. 

If there are firearms in the home, the ammunition must be removed from the firearm. Firearms and ammunition are stored separately in locked 

cabinets that are inaccessible to children. 

Young infants are placed on their backs for sleeping to lower the risk of SIDS. Soft cushions, pillows, thick blankets, and comforters are not 

used in cribs. 

Providers shall not permit children to sleep in family beds unless a separate bed is designated for the child and clean linens are provided. 

Cribs meet CPSC guidelines. The sides of infants’ cribs shall be in a locked position when cribs are occupied and do not present a strangulation or entrapment hazard. 

Providers inform parents if they will be taking children from the home while they are in care. 

If transportation is provided for children by the provider, age-appropriate restraint devices are used, and appropriate safety precautions are 

taken. 

A current copy of the driver’s license and proof of insurance is on file for providers who transport children. 

E. Parent Involvement/Participation 

Parents are given access to the home at all times when their children are present. 


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Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 28425 

TABLE 2—FCC STANDARDS OF OPERATION—Continued 

Parents are provided with a copy of policies governing FCC. 

The provider communicates regularly with parents and recognizes them as partners in the care of children, and there is a prominent place to 

display information for parents. 

Parents are provided with information about the importance of routine health supervision by the child’s primary care provider, according to 

standards of the AAP, to include evaluation for nutrition-related medical problems. 

F. Learning Activities and Interaction with Children 

Activities and experiences are provided daily that enhance children’s physical, social, emotional, and cognitive development. 

Activities include age-appropriate nutrition education. 

There are enough toys and materials, home-made or purchased, to engage all the children in developmentally appropriate ways. 

Toys, materials, and equipment are in good repair and are arranged so children are able to select and put toys and materials away with little or 

no assistance. 

A variety of daily activities is planned for indoors and outdoors. There is a balance between child-initiated and adult-directed activities. A daily 

schedule of activities is posted for parents to see. 

The provider plans and participates in children’s active play. 

The provider interacts frequently with the children and shows them affection and respect. The provider speaks to children in a friendly, courteous manner. 

Children’s routines are handled in a relaxed and individualized manner that promotes respect and opportunities to develop self-esteem, self-discipline, and learning by doing. 

Screen time (e.g., non-active video games) and the use of passive media, (e.g., television, audio tapes), are limited and developmentally appropriate. Media viewing and computer use are not permitted for children younger than 2 years. 

The provider observes and evaluates each child’s growth and development for program planning. 

G. Nutrition and Meal Service 

Unless documented circumstances prevent enrollment, providers are offered the opportunity to enroll in the USDA CACFP and all meals and 

snacks are prepared, handled, transported, and served according to USDA CACFP guidelines found in 7 CFR part 226. 

Providers develop written menus showing all foods to be served during that month, and the menus are available to parents and guardians. 

Menus are posted for meals and snacks. 

Dietary modifications are made on the basis of recommendations by the child’s primary care provider and are documented. Documentation is 

available for religious and medical dietary substitutions. Menus contain some vegetarian meals. 

Meals and snacks include restrictions on the provision of juice and beverages with added sweeteners and limited high-fat and salted foods. 

Food is prepared, served and stored in a sanitary manner. If meals are provided by parents, food storage and handling procedures are approved by local health and sanitation authorities. 

All children present are served meals or snacks. Meals and snacks for toddlers, preschool, and school-age children use family-style dining. 

Bottle-feeding is done in such a way as to minimize disease and promote interaction. Infants are held for bottle-feeding. Bottles are never 

propped, never heated in a crock pot or microwave, and infants are never put to sleep with a bottle. 

There is an accountability system in place for bottles, including bottles for breast milk. 

The provider encourages, provides arrangements for, and supports breastfeeding. There is an accountability system in place for bottles. 

H. Supervision of Children 

The maximum group size in a home is six children per provider, including the provider’s own children under the age of eight. 

a. When all children are under the age of two, the maximum group size at any one time is three. 

b. In mixed-age groups, the number of children under two years of age is limited to two children. 

c. When all children are school-age, the maximum group size is eight. 

Parents sign children in and out of the home on a daily basis. Children are only released to persons that parents have authorized in writing. 

Children may sign themselves out of the home consistent with the installation home alone policy or self-care policy and parental consent. 

Providers supervise all children in care both inside and outdoors. School-age children may be outside without direct supervision as long as they 

are within sight or sound of the provider. 

I. Child Abuse Prevention and Reporting 

Providers, substitute providers, and individuals age 18 and older living in the home, must complete a background check annually. 

All individuals in a CDP who have contact with children have completed a DD Form X656 ‘‘Basic Criminal History and Statement of Admission’’. 

The DoD Child Abuse and Safety Hotline telephone number is displayed in a highly visible area where parents can see it. The telephone number is published in parent materials. 

Children are never left alone with a visitor or another adult who is not authorized to care for children. 

There is a guidance policy in place, and providers do not use corporal punishment or other negative discipline methods that hurt, humiliate, or 

frighten children. 

TABLE 3—ERIS 

Oversight 

The State Child Care Licensing/Regulating Agency conducts an annual on-site inspection of the facility and program. 

SCR 01—Staff-Child Ratio/Group Size (SCR) 

Standard 

SCR 01.01 ...................................... RATIO (number of children per child care provider/staff). Ratios must be equal to or lower than: 

1:4 or less for infants (birth to 12 months). 


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TABLE 3—ERIS—Continued 

1:5 or less for pre-toddlers (13–24 months). 

1:7 or less for toddlers (25–36 months). 

1:12 or less for preschool (37 months-5 years). 

1:15 or less for school age (6–12 years). 

SCR 01.02 ...................................... GROUP SIZE (the total number of children within various age groups). Group size must be equal to or 

lower than: 

Eight or less for infants (birth to 12 months) with two caregiving staff per eight infants. 

Ten or less for pre-toddlers (13–24 months) with two caregiving staff per ten pre-toddlers. 

Fourteen or less for toddlers (25–36 months) with two caregiving staff per fourteen toddlers. 

Twenty four or less for preschool (27 months–5 years) with two caregiving staff per twenty four preschoolers. 

Twenty four/thirty or less for school age (6–12 years) with two caregiving staff per twenty four/thirty 

school agers. 

SCR 01.03 ...................................... MULTI–AGE GROUPINGS (more than one age group in a room). No more than TWO AGE GROUPs may 

be combined within 18 month range (THIS DOES NOT APPLY TO SAC). Each age group is represented by appropriate ratio. Examples: two caregiving staff: four infants and five pre-toddlers; twp 

caregiving staff: five pre-toddlers and seven toddlers; two caregiving staff: seven toddlers and twelve 

preschoolers. 

BAC 02—Background Check/Child Abuse Prevention (BAC) 

Standard 

BAC 2.01 ......................................... Background checks are completed and documented for each employee or regular volunteer who is in contact with children, including management, administration, classroom, support staff, and individuals contracted for hire. 

BAC 02.02 ....................................... Background checks are renewed and documented every 5 years for each employee or regular volunteer 

who is in contact with children, including management and administration, classroom staff, and support 

staff. 

BAC 02.03.a .................................... Background checks include documentation of State Criminal History Repository completed for all states 

that an employee or prospective employee lists as current and former residences, in an employment application by using fingerprints. 

BAC 02.03.b .................................... Background checks include documentation of FBI fingerprint check and name-based criminal history 

records check of law enforcement records completed for any States lived in by applicant during the past 

5 years. 

BAC 02.03.c .................................... Background checks include documentation of a review of the State Child Abuse Registry. 

BAC 02.03.d .................................... Background checks include a review of the State Sex Offender Registry. 

BAC 02.04 ....................................... Each employee and regular volunteer is trained annually about child abuse prevention, common symptoms, and signs of child abuse. 

BAC 02.05 ....................................... All employees and regular volunteers are trained annually on HOW to report, WHERE to report, and 

WHEN to report possible child abuse or neglect. 

SR 03—Staff Requirements (SR) 

Standard 

SR 03.01.a ...................................... Director has a minimum of a Bachelor’s Degree (BA) in childhood education, child development, social 

work, nursing, or other child-related field AND experience working with the age groups enrolled in the 

program. 

In the event that the director does not have a BA degree in those areas, the director must have an AA degree and must be working toward the completion of a BA degree. 

SR 03.01.b ...................................... The director is not responsible for a classroom of children. 

SR 03.02 ......................................... The direct care personnel are at least 18 years old and have a high school diploma or a graduation 

equivalency diploma (GED). 

TRG 04—Training Requirements (TRG) 

Standard 

TRG 04.01 ...................................... Orientation is provided for each staff member and includes training on the following: early childhood development and education; child abuse recognition, prevention, and reporting; safety; first aid; proper hygiene; and positive guidance. 

TRG 04.02.a ................................... There is an annual training plan for directors. Topics shall include, but are not limited to: 

Child abuse prevention and positive guidance. 

Universally accepted health and safety practices to include hand washing. 

Emergency preparedness and evacuation procedures. 

Social and emotional needs of children. 

Developmentally appropriate practices. 

General management practices, such as financial management, facility management, staff development, 

and working with parents. 

Safe sleep practices. 

TRG 04.02.b ................................... There is an annual training plan for staff that include topics such as: 

Child abuse prevention and positive guidance. 

Universally accepted health and safety practices to include hand washing. 

Social and emotional needs of children. 


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TABLE 3—ERIS—Continued 

Developmentally appropriate practices. 

TRG 04.03 ...................................... Staff complete forty hours of initial orientation training within the first three months. 

TRG 04.04 ...................................... Staff are required to complete at least 24 hours of training per year. 

TRG 04.05 ...................................... At least one staff member certified in emergency pediatric first aid treatment, including CPR for infants and 

children and emergency management of choking, is present in the facility during hours of operation. 

IMM 05—Immunizations (IMM) 

Standard 

IMM 05.01 ....................................... Children’s records include EITHER: 

Documentation of current age-appropriate immunizations, as recommended by the AAP; OR 

A letter of exception on file and a statement of medical religious exception. 

IMM 05.02 ....................................... Staff files include a copy of a TB screening. Also included is documentation of a general health assessment or a physical examination completed during employment in-processing. Information is available at: 

http://www.cdc.gov/media/. 

SUP 06—Supervision/Guidance (SUP) 

Standard 

SUP 06.01.a .................................... The written policies and practices of the program specify that staff supervise children at all times, including 

nap times. No child is left alone or unsupervised. 

SUP 06.01.b .................................... The written policies and practices of the program specify that children are released only to persons listed 

on the child’s registration form or for whom the parents have provided written authorization. 

SUP 06.01.c .................................... The written policies and practices of the program specify that parent, or authorized adult, signs children in 

and out upon arrival and departure each day, and attendance records are kept. 

A system is in place for accounting for school-age arriving from school or other activities without the parent 

(for example, children transported to the program by a school bus). 

SUP 06.02 ....................................... Organizational policy prohibits: punishment by spanking or hitting or other physical means, to include corporal punishment; isolation from adult sight; confinement, binding, humiliation, or verbal abuse; deprivation of food and water, outdoor play or activities, or other program components; inappropriate touch; and 

punishment for lapses in toilet training or refusing food. 

DRL 07—Evacuation and Fire Drills (DRL) 

Standard 

DRL 07.01 ....................................... The program has a written plan for emergency evacuation (for example, a plan for evacuating building occupants in case of fire, tornado, earthquake, hurricane, or other disaster that could pose a health and 

safety hazard). 

DRL 07.02 ....................................... Procedures are in place to ensure all children in attendance are accounted for during an evacuation drill or 

event. 

DRL 07.03 ....................................... There is an automatic fire detection and alarm system in place, and it is operational. 

DRL 07.04 ....................................... A fire extinguisher is accessible and in operating condition. 

DRL 07.05 ....................................... Fire and emergency evacuation drill procedures are practiced at least monthly. 

HWD 08—Hand Washing and Diapering (HWD) 

Standard 

HWD 08.01 ..................................... Policies are in place to ensure staff and children wash their hands with soap and warm running water: 

Before eating or food preparation. 

After toileting or changing diapers. 

After handling animals, and after any other activity when the hands may become contaminated to include returning from outside. 

HWD 08.02 ..................................... Toileting and diapering areas are not located in food preparation areas. The areas are in easily visible locations and are sanitary. 

MED 09—Medication and Health (MED) 

Standard 

If the program does not administer medications, proceed to 09.02. 

MED 09.01.a ................................... The program has a written policy and clear procedures on administering medicine, proper storage, and labeling. 

MED 09.01.b ................................... If medication (prescription and/or over-the-counter) is administered, written parental permission is kept on 

file and instructions from a physician are required (‘‘N/A’’ is allowed if no children currently receive medication). 

MED 09.01.c ................................... Designated staff are trained to administer the medicine, and the training is updated annually. 

MED 09.02 ...................................... First aid kits are readily available and maintained. 

MED 09.03.a ................................... Programs provide healthy meals and snacks consistent the U.S. Dietary Guidelines and are encouraged to 

participate in the USDA CACFP. 

MED 09.03.b ................................... Programs are encouraged to limit sugar-sweetened juices, beverages, and snacks, and high-fat and highsalt foods. 


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TABLE 3—ERIS—Continued 

MED 09.04 ...................................... Bottle-feeding is done in such a way to minimize disease and promote interaction. For example, infants are 

held for bottle-feeding, bottles are never propped, never heated in a crock pot or microwave, and infants 

are never put to sleep with a bottle. 

EMG 10—Emergency Plan/Contact Information (EMG) 

Standard 

EMG 10.01.a ................................... There is a written plan for reporting and managing a lost or missing child. 

EMG 10.01.b ................................... There is a written plan for reporting and managing injuries requiring medical or dental care, including hospitalization or serious injury. 

EMG 10.01.c ................................... There is a written plan for reporting and managing abuse or neglect of a child. 

EMG 10.01.d ................................... There is a written policy that requires all parents to provide emergency information to include: 

Multiple contact phone numbers (work, cellular, home). 

Emergency contact phone numbers (relatives or friends) authorized to pick up the child if parent cannot 

be reached. 

The child’s physician, dentist, and emergency room preference. 

OUT 11—Outdoor Play Area (OUT) 

Standard 

OUT 11.01 ...................................... The playground and all equipment are maintained in safe, clean condition, in good repair, and there are no 

observable safety hazards and no entrapment areas. 

OUT 11.02 ...................................... Playground equipment is surrounded by resilient surfaces (e.g., fine, loose sand, wood chips, wood mulch) 

of an acceptable depth (9 inches) or by rubber mats manufactured for such use. 

OUT 11.03 ...................................... The playground equipment is arranged to ensure that a child is visible and supervision is maintained. 

OUT 11.04 ...................................... There is a plan to check and inspect playgrounds on a weekly basis. Each staff member is responsible for 

immediately reporting hazards or unsafe areas to the director. 

HAZ 12—Hazardous Materials and General Safety (HAZ) 

Standard 

HAZ 12.01 ....................................... Accident protection and liability insurance coverage are maintained for children and adults. 

HAZ 12.02 ....................................... All chemicals and potentially dangerous products, such as medicine or cleaning supplies are stored in 

original, labeled containers in locked cabinets inaccessible to children. 

HAZ 12.03 ....................................... Poisonous or potentially harmful plants on the premises are inaccessible to children. 

HAZ 12.04 ....................................... Children are protected from accidental drowning by limiting access to all bodies of water. 

HAZ 12.05 ....................................... Electrical outlets are covered in all areas accessible to children, including corridors. 

HAZ 12.06 ....................................... Toys and art supplies are made of safe, non-toxic, durable, and cleanable materials. 

HAZ 12.07 ....................................... There are no items that could cause choking or strangulation. 

Additional information is available at: http://www.cpsc.gov/. 

HAZ 12.08.a .................................... Infants are placed on their backs for sleeping to lower the risk of SIDS. 

HAZ 12.08.b .................................... Staff make sure that soft surfaces such as pillows, quilts, thick blankets, and soft bumpers are not used in 

the crib. 

HAZ 12.09 ....................................... The building has been inspected for dangerous substances such as lead, radon, formaldehyde, asbestos, 

etc., in accordance with State requirements. 

PAR 13—Parent Involvement (PAR) 

Standard 

PAR 13.01 ....................................... Families are offered an orientation and information prior to enrolling to include: hours of operation, enrollment policies, program costs, inclusion of special needs children, and opportunities for parent involvement. 

PAR 13.02 ....................................... The program policy clearly includes open door policy; family members are welcome visitors in the program 

at all times. 

PAR 13.03 ....................................... The program provides opportunities for communication between parents and staff verbally or in writing on 

a daily basis. 

DEV 14—Developmentally Appropriate Environment and Materials (DEV) 

Standard 

DEV 14.01 ....................................... Classrooms are arranged to facilitate a variety of activities for each age group and provide areas where 

children can play and work independently or with friends. 

DEV 14.02 ....................................... Classrooms are well lit, ventilated, and kept at a comfortable temperature. 

DEV 14.03.a .................................... Staff offer a variety of developmentally appropriate activities and materials for children indoors and outdoors that are respective of children’s race, gender, religion, family background, culture, age, and special needs and include: 

Language and literacy. 

Physical development. 

Health, safety, and nutrition. 

Creative expression. 


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Federal Register / Vol. 79, No. 95 / Friday, May 16, 2014 / Rules and Regulations 28429 

TABLE 3—ERIS—Continued 

Cognitive development. 

Social and emotional development. 

DEV 14.03.b .................................... Weekly classroom schedules include opportunities for alternating periods of quiet and active play, child-initiated and teacher-initiated activity, and individual, small group, and large group activities. Schedules are 

available for parents to review. 

DEV 14.03.c .................................... Programs provide an opportunity for physical activity on a daily basis. 

DEV 14.03.d .................................... Screen time (e.g., non-active video games) and the use of passive media (e.g., television, audio tapes) are 

limited and developmentally appropriate. 

Dated: May 9, 2014. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2014–11105 Filed 5–15–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2014–0056] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events, Atlantic Ocean; Ocean City, 

MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations 

during the ‘‘2014 Ocean City Air Show,’’ 

a marine event to be held above the 

waters of the Atlantic Ocean during 

June 12–15, 2014. These special local 

regulations are necessary to provide for 

the safety of life on navigable waters 

during the event. This action is 

intended to temporarily restrict vessel 

traffic in a portion of the Atlantic Ocean 

in the vicinity of Ocean City, MD during 

the event. 

DATES: This rule is effective from June 

12, 2014 through June 15, 2014 and 

enforceable from 10 a.m. on June 12, 

2014 through 4 p.m. on June 15, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2014–0056]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Ronald Houck, U.S. Coast 

Guard Sector Baltimore, MD; telephone 

410–576–2674, email Ronald.L.Houck@

uscg.mil. If you have questions on 

viewing or submitting material to the 

docket, call Cheryl Collins, Program 

Manager, Docket Operations, telephone 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

On March 14, 2014, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Special Local Regulations for 

Marine Events, Atlantic Ocean; Ocean 

City, MD’’ in the Federal Register (79 

FR 14453). We received no comments 

on the proposed rule. No public meeting 

was requested, and none was held. 

B. Basis and Purpose 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

special local regulations: 33 U.S.C. 

1233. The purpose of the rule is to 

ensure safety of life on navigable waters 

of the United States during the 2014 

Ocean City Air Show event. 

C. Discussion of Comments, Changes 

and the Final Rule 

The Coast Guard received no 

comments in response to the NPRM. No 

public meeting was requested and none 

was held. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 

The economic impact of this rule is 

not significant for the following reasons: 

(1) The special local regulations will 

only be in effect daily, from 10 a.m. 

through 4 p.m., from June 12, 2014 

through June 15, 2014, (2) the Coast 

Guard will give advance notification via 

maritime advisories so mariners can 

adjust their plans accordingly, and (3) 

although the regulated area applies to a 

certain portion of the Atlantic Ocean, 

vessel traffic will be able to transit 

safely around the regulated area. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard received no comments 

from the Small Business Administration 

on this rule. The Coast Guard certifies 

under 5 U.S.C. 605(b) that this rule will 

not have a significant economic impact 

on a substantial number of small 

entities. 

This rule may affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to operate or transit 

through or within, or anchor in, the 

regulated area during the enforcement 

period. For the reasons discussed in the 

Regulatory Planning and Review section 

above, this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 


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