Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Rules and Regulations 64301

PART 180—[AMENDED]

a. The authority citation for part 180

continues to read as follows:

Authority : 21 U.S.C. 346a and 371.

b. In § 180.145:

i. By designating paragraph (a) as

paragraph (a)(1), by adding paragraph

(a)(2), and by adding a heading to

paragraph (a).

ii. By removing paragraph (c) and

redesignating paragraph (b) as new

paragraph (c) and adding a heading.

iii. By adding and reserving new

paragraphs (b) and (d) with headings.

The amendments to § 180.145 read as

follows:

§ 180.145 Fluorine compounds: tolerances

for residues.

(a) General. * * *

(2) Time-limited tolerances are

established for residues of the

insecticidal fluorine compounds

cryolite and synthetic cryolite (sodium

aluminum fluoride) in or on the

commodities as follows:

Commodity Parts per million Expiration/revocation date

Potatoes ................................................... 2.0 11/21/2001

Potatoes, waste from processing ............. 22.0 11/21/2001

(b) Section 18 emergency exemptions.

[Reserved]

(c) Tolerances with regional

registrations. * * *

(d) Indirect or inadvertent residues.

[Reserved]

[FR Doc. 97–31920 Filed 12–4–97; 8:45 am]

BILLING CODE 6560–50F

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Administration for Children and

Families

45 CFR Parts 205, 232, 233, 235, 250,

251, 255, 256, and 257

RIN 0970–AB84

Repeal of Obsolete Title IV–A and IV–

F Program Rules

AGENCY: Administration for Children

and Families (ACF), HHS.

ACTION: Final rule; removal.

SUMMARY: This document removes

regulations governing certain programs

repealed or eliminated under the

Personal Responsibility and Work

Opportunity Reconciliation Act of 1996,

including: Emergency Assistance; Job

Opportunities and Basic Skills Training;

and three child care programs

authorized under title IV–A of the

Social Security Act. It also repeals some

administrative rules of the AFDC

program, because the program was

repealed effective July 1, 1997.

DATES: Effective date is December 5,

1997.

FOR FURTHER INFORMATION CONTACT:

Mack Storrs, Director, Division of SelfSufficiency Programs, Office of Family

Assistance, ACF, at 202–401–9289.

SUPPLEMENTARY INFORMATION: On August

22, 1996, President Clinton signed The

Personal Responsibility and Work

Opportunity Reconciliation Act of

1996—or PRWORA—into law. This law

replaced the nation’s largest public

assistance program, known as Aid to

Families with Dependent Children, and

affiliated programs, with a new block

grant to States. It also made substantial

changes to the Federal child care

programs that served welfare recipients

and other low-income families.

This legislation made a number of our

existing regulations obsolete, effective

July 1, 1997, or earlier. The purpose of

this rulemaking is to remove many of

the obsolete rules. Thus, this

rulemaking reflects ACF’s continuing

commitment to the Administration’s

regulatory reinvention initiative. In

particular, it responds to the first

directive in the President’s strategy—to

‘‘cut obsolete regulations.’’ Through this

rulemaking, we are eliminating

approximately 82 pages of obsolete rules

from the Code of Federal Regulations.

Aid to Families With Dependent

Children and Emergency Assistance

Section 103(a) of PRWORA (Pub. L.

104–193) repealed the provisions in the

existing part A of title IV of the Social

Security Act and replaced them with

provisions governing the new welfare

block grant. Under section 116 of

PRWORA, this change took effect on

July 1, 1997, except in States that chose

to implement their new welfare

programs at an earlier date. The

provisions that were repealed governed

the existing programs of Aid to Families

with Dependent Children (AFDC) and

Emergency Assistance (EA).

The regulations for the Emergency

Assistance program are found at 45 CFR

233.120. This rulemaking would remove

this section of the regulation in its

entirety.

The regulations for the AFDC program

are found throughout Chapter II of Title

45 in the Code of Federal Regulations.

In this rulemaking we are removing

only a limited number of administrative

rules. They are those AFDC rules that

address the AFDC Quality Control

System (authorized under section 408 of

the Social Security Act, as in effect

under prior law), some provisions

related to child support requirements

and fraud control, and certain

provisions related to financial penalties

against the States under prior law.

We will make other conforming

changes to the AFDC regulations at a

later date. We must exercise care in

repealing the AFDC rules because: (1)

eligibility for other programs, such as

title IV–E (Foster Care) and title XIX

(Medicaid), retain a direct connection to

the AFDC rules in effect prior to

PRWORA; and (2) many of the AFDC

provisions are intertwined with

provisions for other assistance programs

that were not repealed. (The most

notable example of this latter problem is

the overlap between the AFDC rules and

the rules for the adult programs

operated by the Territories under titles

I, X, IV, and XVI of the Social Security

Act.) To address these more sensitive

and complicated conforming changes,

we need to engage in additional analysis

and consult with other Federal agencies

and other interested groups. Thus, most

of the conforming changes to the AFDC

regulations will be reserved for future

rulemaking efforts.

The IV–A Child Care Programs

Section 103(c) of PRWORA

eliminated the child care provisions that

were in title IV–A of the Social Security

Act at the time of enactment. Under

section 116(c) of PRWORA, the

elimination of those provisions took

effect on October 1, 1996. The new child

care provisions in title VI of PRWORA

took effect that same day.

The programs eliminated by

PRWORA were: child care for AFDC

recipients and JOBS participants under

section 402(g) of the Act, transitional

child care for former AFDC recipients

under section 402(g) of the Act, and

child care for at-risk families under
64302 Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Rules and Regulations

section 402(i) of the Act. The rules

governing these three programs are

found at parts 255, 256, and 257 of

Chapter II. In this rulemaking, we are

removing all of our child care

regulations in these parts.

Section 603(b) of PRWORA created a

new section 418 of the Social Security

Act that provides new funding for child

care assistance under title IV–A of the

Social Security Act. Child care funds

provided in section 418 are under the

control of the lead agency in the State

responsible for administering the Child

Care and Development Block Grant

(CCDBG) program, and they are subject

to the rules of that program. Together,

we refer to the two types of child care

funding as ‘‘The Child Care and

Development Fund,’’ or CCDF.

The CCDBG regulations are found at

45 CFR part 98. On July 23, 1997, ACF

issued an NPRM (at 62 FR 39610) to add

the new IV–A child care provisions to

part 98 and address the other changes

necessitated by PRWORA.

Note that some of the provisions in

part 255 (i.e., §§ 255.1(c), 255.1(d),

255.1(h), 255.2(c), 255.2(d), 255.2(e),

255.3(g), 255.3(h), 255.4(d), and

255.4(e)) address supportive services

funded under the JOBS program. We are

also removing all JOBS-related

provisions in the regulations, as

discussed below.

Because all the provisions in parts

255 through 257 deal with either child

care or JOBS supportive services

provisions (or both) that were

eliminated, we are removing these three

parts in their entirety.

Job Opportunities and Basic Skills

Training (JOBS)

Finally, section 108(e) of PRWORA

repeals title IV–F of the Social Security

Act (i.e., the JOBS program). Under

section 116 of PRWORA, this repeal is

effective at the same time as the repeal

of the AFDC program, or no later than

July 1, 1997. With the exception of the

rules on JOBS supportive services,

which we have already discussed, the

JOBS rules are found at parts 250 and

251 of Chapter II of title 45. In this

rulemaking, we are removing these

JOBS regulations in their entirety.

Effect of Rulemaking on Prior or

Pending Actions

You should be aware that the

regulations we are removing still would

apply with respect to State actions and

behavior that occurred before the

effective date of the new legislation.

Under the transition rules of PRWORA

(see section 116(b)(2)–(3) of the Act), the

provisions of the new law do not apply

‘‘with respect to * * * duties,

functions, rights, claims, penalties, or

obligations applicable to aid, assistance,

or services provided before’’ such

effective date. They also do not apply to

‘‘administrative actions and

proceedings’’ authorized to commence

before that date.

Thus, the regulatory provisions that

we are removing will continue to apply

to State actions that took place prior to

the implementation of the new

programs, and we would base any

penalty, disallowance, or claims against

the State on such regulations.

General Statutory Authority

We are publishing these rules under

the general authority of section 1102 of

the Social Security Act, 42 U.S.C. 1302.

This section requires publication of

rules that may be necessary for the

efficient administration of the functions

under the Social Security Act.

Regulatory Authority

We are issuing a final rule rather than

a notice of proposed rulemaking

because we have determined, for good

cause, that publication of a proposed

rule and solicitation of comments is

unnecessary. This final rule removes

only obsolete provisions and programs.

Furthermore, this final rule will be

effective immediately upon publication.

It is unnecessary to postpone the

effective date since none of the

provisions being removed are still in

effect, and no time for implementation

is required.

Executive Order 12866

Executive Order 12866 requires that

regulations be drafted to ensure that

they are consistent with the priorities

and principles set forth in the Executive

Order. The Department has determined

that this proposed rule is consistent

with these priorities and principles.

The Executive Order encourages

agencies, as appropriate, to provide the

public with meaningful participation in

the regulatory process. Such

consultation was not necessary or

appropriate for this particular

rulemaking effort because of its

technical nature in removing only

obsolete provisions.

However, we will be engaging in

consultation on the subsequent

rulemaking that we are planning to

address the more complex conforming

changes to the AFDC regulation.

These regulations respond to the

President’s directive to Federal agencies

regarding their responsibilities under

his Regulatory Reinvention Initiative

and the National Performance Review

by cutting obsolete regulations and

getting rid of yesterday’s government. It

entails no increase in cost or burden on

State and local governments or other

entities.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act (5

U.S.C. Ch. 6) requires the Federal

government to anticipate and reduce the

impact of rules and paperwork

requirements on small businesses and

other small entities. Small entities are

defined in the Act to include small

businesses, small non-profit

organizations, and small governmental

entities. Because of the nature of this

rule, the Secretary certifies that it will

not have a significant impact on small

entities.

Paperwork Reduction Act

This rule contains no information

collection activities subject to review

and approval by the Office of

Management and Budget (OMB) under

the Paperwork Reduction Act of 1995.

Unfunded Mandates Act

The Department has determined that

this rule is not a significant regulatory

action within the meaning of the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4).

List of Subjects

45 CFR Part 205

Administrative practice and

procedure, Aid to Families with

Dependent Children, Computer

technology, Grant programs—social

programs, Penalties, Public assistance

programs, Reporting and recordkeeping

requirements, Wages.

45 CFR Part 232

Aid to Families with Dependent

Children, Child support enforcement,

Grant programs—social programs,

Penalties, Public assistance programs,

Reporting and recordkeeping

requirements.

45 CFR Part 233

Aliens, Grant programs—social

programs, Public assistance programs,

Reporting and recordkeeping

requirements.

45 CFR Part 235

Aid to Families with Dependent

Children, Fraud, Grant programs—social

programs, Public assistance programs.

45 CFR Parts 250 and 251

Aid to Families with Dependent

Children, Employment, Grant

programs—social programs, Manpower

training programs, Reporting and

recordkeeping requirements, Vocational

education.
Federal Register / Vol. 62, No. 234 / Friday, December 5, 1997 / Rules and Regulations 64303

45 CFR Parts 255 and 256

Aid to Families with Dependent

Children, Day care, Education and

training, Employment, Grant

programs—social programs.

45 CFR Part 257

Day care, Grant programs—social

programs, Reporting and recordkeeping

requirements.

(Catalogue of Federal Domestic Assistance

Programs: 93.560—Family Support Payments

to States—Assistance Payments; 93.561—Job

Opportunities and Basic Skills Training

(JOBS); 93.574—Child Care for Families at

Risk of Welfare Dependency)

Dated: November 14, 1997.

Olivia A. Golden,

Assistant Secretary for Children and Families.

Under the authority of sections 116 of

Pub. L. 104–193 and section 1302 of the

Social Security Act, and for the reasons

set forth in the preamble, we are

amending Chapter II of title 45 of the

Code of Federal Regulations, as follows:

PART 205—GENERAL

ADMINISTRATION—PUBLIC

ASSISTANCE PROGRAMS

1. The authority citation for Part 205

continues to read as follows:

Authority: 42 U.S.C. 602, 603, 606, 608,

1302, and 1306(a).

2. Remove sections 205.40 through

205.43 (including the appendix to

§ 205.41) and 205.146.

PART 232—SPECIAL PROVISIONS

APPLICABLE TO TITLE IV–A OF THE

SOCIAL SECURITY ACT

1. Remove part 232 (including

appendix A).

PART 233—COVERAGE AND

CONDITIONS OF ELIGIBILITY IN

FINANCIAL ASSISTANCE PROGRAMS

1. The authority citation for part 233

continues to read as follows:

Authority: 42 U.S.C. 301, 602, 602 (note),

606, 607, 1202, 1302, 1352, and 1382 (note).

2. Remove § 233.120.

PART 235—ADMINISTRATION OF

FINANCIAL ASSISTANCE PROGRAMS

1. The authority citation for part 235

continues to read as follows:

Authority: 42 U.S.C. 603, 616, and 1302.

2. Remove §§ 235.111, 235.112, and

235.113.

PART 250—JOB OPPORTUNITIES AND

BASIC SKILLS TRAINING PROGRAM

1. Remove part 250.

PART 251—PROGRAM PARTICIPANT

EMPLOYMENT PROTECTION

1. Remove part 251.

PART 255—CHILD CARE AND OTHER

WORK-RELATED SUPPORTIVE

SERVICES DURING PARTICIPATION IN

EMPLOYMENT, EDUCATION, AND

TRAINING

1. Remove part 255.

PART 256—TRANSITIONAL CHILD

CARE

1. Remove part 256.

PART 257—AT-RISK CHILD CARE

PROGRAM

1. Remove part 257.

[FR Doc. 97–31770 Filed 12–4–97; 8:45 am]

BILLING CODE 4184–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 170, 171, and 173 and

Chapter I, Subchapters K and T

[CGD 85–080]

RIN 2115–AC 22

Small Passenger Vessel Inspection

and Certification; Correction

AGENCY: Coast Guard, DOT.

ACTION: Correcting amendments.

SUMMARY: This document contains

corrections to the final rule [CGD 85–

080] which was published on

September 30, 1997 (62 FR 51326). The

rule completely revised Coast Guard

regulations that affect small passenger

vessels of less than 100 gross tons in 46

CFR parts 170, 171, 173 and Chapter I,

Subchapters K and T.

DATES: Effective on December 5, 1997.

ADDRESSES: A copy of the final rule as

indicated in the preamble may be

obtained via the Internet at http://

www.dot.gov/dotinfo/uscg/hq/g-m/

nmc/regs/fr97/9l16.htm or by writing

Commandant (G–MSO–2), U.S. Coast

Guard Headquarters, 2100 Second Street

SW., Washington, DC 20593–0001.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Eric P. Christensen, Project

Manager, Office of Operating and

Environmental Standards, (G–MSO–2),

phone 202–267–1181, telefax 202–267–

4570.

SUPPLEMENTARY INFORMATION:

Need for Correction

The Coast Guard published a final

rule in the Federal Register on

September 30, 1997 (62 FR 51326),

completely revising its regulations in 46

CFR parts 170, 171, and 173 and

Chapter I, Subchapters K and T which

affect small passenger vessels of less

than 100 gross tons.

An incorrect document was

inadvertently sent to the Federal

Register. As published, the final rule

contains information in its preamble

and errors in the regulations that may

prove to be misleading. Parts of the

preamble need to be clarified and the

regulations need to be corrected. These

corrections merely conform the final

rule to the document approved by the

Commandant, USCG, DOT and OMB.

The Coast Guard acknowledges that

publishing these correcting amendments

immediately after publication of the

final rule may confuse owners and

operators of small passenger vessels.

Therefore, the Coast Guard will make

available via the Internet or upon

request a copy of the final rule as it was

to have been published. The Internet

address is provided under ADDRESSES. A

copy of the final rule may also be

obtained by calling the Coast Guard at

202–267–1181 or by writing to the Coast

Guard at the address provide under

ADDRESSES.

For further clarification, the codified

version in the CFR dated October 1,

1997, will contain an editorial note at

the end of each part or section affected

that it has been corrected by amendment

published in the Federal Register on

December 5, 1997.

Correction of the Preamble

In rule FR Doc. 97–25599 published

on September 30, 1997 (62 FR 51326),

make the following corrections to the

preamble:

1. On page 51328, first column,

paragraph (7), second sentence, remove

the ‘‘resolved’’ and add, in its place, the

word ‘‘addressed’’.

2. On page 51328, third column,

paragraph (c), remove the text and add,

in its place, the following:

‘‘A recently published internal

instruction titled ‘‘RISK BASED

DECISION-MAKING & G–M BUSINESS

PLAN GOALS’’ provides technical and

administrative guidance to the field on

how risk assessment and management

can and should be used in support of

Commandant (G–M)’s Business Plan

goals.’’

3. On page 51329, third column,

paragraph (7), line 27, after the word

percent, add the words ‘‘passenger

increase’’.

4. On page 51330, second column,

after paragraph (15), add the following:

‘‘(16) The Coast Guard has added a

definition for wood vessel in subchapter