65778 Federal Register / Vol. 62, No. 241 / Tuesday, December 16, 1997 / Proposed Rules

first sentence, is incorrect and should

also read December 29, 1997.

The notice also contains an error in

the regulatory text which requires

correction.

List of Subjects in 37 CFR Part 253

Copyright, Music, Radio, Television.

Accordingly, 37 CFR part 253 is

corrected by making the following

correcting amendments:

PART 253—USE OF CERTAIN

COPYRIGHTED WORKS IN

CONNECTION WITH

NONCOMMERCIAL EDUCATIONAL

BROADCASTING

1. The authority citation for part 253

continues to read as follows:

Authority: 17 U.S.C. 118, 801(b)(1) and

803.

§ 253.7 Recording rights, rates and terms.

2. In § 253.7, paragraph (b)(4), correct

the parenthetical ‘‘(per half’’ to read

‘‘(per half hour)’’.

Dated: December 11, 1997.

Marilyn J. Kretsinger,

Assistant General Counsel.

[FR Doc. 97–32792 Filed 12–15–97; 8:45 am]

BILLING CODE 1410–33–P

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 255

[Docket No. 96–4 CARP DPRA]

Mechanical and Digital Phonorecord

Delivery Rate Adjustment Proceeding

AGENCY: Copyright Office, Library of

Congress.

ACTION: Notice of proposed rulemaking;

correction.

SUMMARY: This document clarifies the

dates for filing comments and Notices of

Intent to Participate published in the

Federal Register notice of December 1,

1997, announcing a proposed

rulemaking concerning the adjustment

of the physical phonorecord and digital

phonorecord delivery royalty rates.

FOR FURTHER INFORMATION CONTACT:

Tanya M. Sandros, Attorney Advisor,

Copyright Arbitration Royalty Panel

(CARP), P.O. Box 70977, Southwest

Station, Washington, D.C. 20024.

Telephone (202) 707–8380. Telefax:

(202) 707–8366.

SUPPLEMENTARY INFORMATION: The notice

of proposed rulemaking concerning the

adjustment of royalty rates for the

making and distribution of a physical

phonorecord and a digital phonorecord

delivery contains two dates for filing

comments and Notices of Intent to

Participate. The correct date, December

29, 1997, is announced in the date

caption. The second date, December 31,

1997, stated in the section entitled,

Comments and Notices of Intent to

Participate, page 63507, third column, is

incorrect and should also read

December 29, 1997.

Dated: December 11, 1997.

Marilyn J. Kretsinger,

Assistant General Counsel.

[FR Doc. 97–32791 Filed 12–15–97; 8:45 am]

BILLING CODE 1410–33–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Administration for Children and

Families

45 CFR Part 1302

RIN 0970–AB52

Head Start Program

AGENCY: Administration on Children,

Youth and Families (ACYF),

Administration for Children and

Families (ACF), HHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Administration on

Children, Youth and Families is issuing

this notice of proposed rulemaking to

amend its procedures regarding

replacement of Indian tribal grantees.

The proposed change would add

provisions to implement a new statutory

provision that allows Indian tribes

which are Head Start grantees to

identify an agency, and request that the

agency be designated by the Department

as an alternative grantee, when the

grantee is terminated or denied

refunding.

DATES: In order to be considered,

comments on this proposed rule must

be received on or before February 17,

1998.

ADDRESSES: Please address comments to

the Associate Commissioner, Head Start

Bureau, Administration for Children,

Youth and Families, P.O. Box 1182,

Washington, D.C. 20013. Beginning 14

days after close of the comment period,

comments will be available for public

inspection in Room 2217, 330 C Street,

S.W., Washington, D.C. 20201, Monday

through Friday between the hours of

9:00 a.m. and 4:00 p.m.

FOR FURTHER INFORMATION CONTACT:

Douglas Klafehn, Deputy Associate

Commissioner, Head Start Bureau,

Administration for Children, Youth and

Families, P.O. Box 1182, Washington,

D.C. 20013; (202) 205–8572.

SUPPLEMENTARY INFORMATION:

I. Program Purpose

Head Start is authorized under the

Head Start Act (42 U.S.C. 9801 et seq.).

It is a national program providing

comprehensive developmental services

primarily to low-income preschool

children, age three to the age of

compulsory school attendance, and

their families. In addition, Section 645A

of the Head Start Act provides authority

to fund programs for families with

infants and toddlers, known as Early

Head Start programs. To help enrolled

children achieve their full potential,

Head Start programs provide

comprehensive health, nutritional,

educational, social and other services.

Additionally, Head Start programs are

required to provide for the direct

participation of the parents of enrolled

children in the development, conduct,

and direction of local programs. Parents

also receive training and education to

foster their understanding of and

involvement in the development of their

children. In fiscal year 1996, Head Start

served 752,000 children through a

network of over 2,000 grantees and

delegate agencies.

While Head Start is intended to serve

primarily children whose families have

incomes at or below the poverty line, or

who receive public assistance, the Head

Start Act and implementing regulations

permit up to 10 percent (and more for

Indian tribes under certain

circumstances) of the children in local

programs to be from families who do not

meet these low-income criteria. The Act

also requires that a minimum of 10

percent of the enrollment opportunities

in each program be made available to

children with disabilities. Such children

are expected to participate in the full

range of Head Start services and

activities with their non-disabled peers

and to receive needed special education

and related services.

II. Summary of the Proposed

Regulation

The authority for this Notice of

Proposed Rulemaking (NPRM) is section

646 of the Head Start Act (42 U.S.C.

9841), as amended by Public Law 103–

252, Title I of the Human Service

Amendments of 1994. Section 646(e)

directs the Secretary to specify a process

by which an Indian tribe may identify

an agency, and request that the agency

identified be designated as the Head

Start agency providing services to the

tribe, if (a) financial assistance to the

tribal grantee is terminated, and (b) the
Federal Register / Vol. 62, No. 241 / Tuesday, December 16, 1997 / Proposed Rules 65779

tribe would otherwise be precluded

from providing Head Start services to its

members because of the termination.

The Act specifies that the regulation

must prohibit the designation as Head

Start grantee of an agency that includes

an employee who served on the

administrative or program staff of the

terminated agency when that employee

was responsible for a deficiency that

was the basis for the termination.

The proposed rule:

• Adds a new definition for Indian

tribe;

• Provides that an Indian tribe may

identify an agency to serve as the

alternative grantee at the time that it

receives a notice of termination or a

notice of denial of refunding;

• Allows the tribe to participate in

the selection of the replacement grantee;

• Allows the tribe a second

opportunity to identify an alternative

agency if the Department finds the first

agency identified by the tribe is not an

eligible agency capable of operating a

Head Start program. If the second

agency identified by the tribe is not

selected as a Head Start grantee, a

replacement grantee will be designated

under 45 CFR Part 1302.

III. Section by Section Discussion of the

NPRM

Section 1302.2 Definitions

We propose to add to this section a

definition for the phrase ‘‘Indian tribe,’’

which is the same definition that

appears in Section 637(10) (42 U.S.C.

§ 9832(10)) of the Head Start Act.

Section 1302.30 Procedure for

Identification of Alternative Agency

Section 1302.30 outlines the

procedures by which an Indian tribe

may identify an agency to the

Department as an alternative grantee

and request that the agency be

designated as a grantee in the event that

the tribe has been terminated or denied

refunding as Head Start grantee. While

section 646(e)(1)(A) of the Head Start

Act refers only to the ‘‘termination’’ of

financial assistance, we have interpreted

‘‘termination’’ in this section to mean

either termination of a grant or denial of

refunding of the grantee, as there is no

substantive difference between these

two actions in terms of their impact on

a grantee’s Head Start program.

Section 1302.30(a) states that a

grantee may take advantage of this

procedure only if it was the sole agency

that was receiving funding to provide

Head Start services to the tribe, and if

the members of the tribe would

otherwise be precluded from receiving

Head Start services because of the

termination or denial of refunding.

These basic qualifying criteria are found

in Section 646(e)(1) of the Head Start

Act.

Under section 1302.30(b) of the

proposed procedures the Department, if

it moves to terminate or deny refunding

to a tribal grantee, must notify the

grantee that it may propose an

alternative agency to the Department, in

writing, within the time limits

established for appealing the

Department’s decision to deny

refunding or terminate the grant at 45

CFR § 1303.14(c) and 45 CFR

§ 1303.15(b)(2).

If the Department finds that the

alternative agency identified by the tribe

is not an agency that is both eligible and

capable of operating a Head Start

program, the Department will, under

section 1302.30(b)(3), so notify the tribe,

and the tribe will have another

opportunity to identify an alternative

agency and request the designation of

that agency as the alternative agency.

This must be done within 15 days of the

Department’s sending notification to the

grantee that the agency identified is

unsuitable. Section 1302.30(b)(4)

specifies that if the Department finds

this second agency also not capable of

operating a Head Start program, a

replacement grantee will be selected by

the Department according to the

regulations under 45 CFR part 1302.

Funding of the grantee will continue

during any appeal, as provided under

section 1302.30(c). The steps outlined in

this proposed regulation for designation

of an alternative agency identified by

the tribe will be carried out during the

appeal process.

Section 1302.30(d) provides that if the

tribe does not identify an agency and

request that it be appointed as

alternative agency, the Department will

seek a permanent replacement grantee

under 45 CFR part 1302.

Section 1302.31 Requirements of

Alternative Agency

The purpose of this section is to make

clear that any agency designated by the

Secretary to replace the grantee serving

the Indian tribe must meet the

minimum requirements for Head Start

agencies as established by the Head

Start Act. These are minimum

requirements, which no agency

designated a Head Start agency may fail

to meet. However, merely satisfying

these requirements does not qualify an

agency to be a Head Start grantee. The

Department will analyze the capabilities

and experience of the agency identified

by the tribe to determine whether that

agency is capable of operating a Head

Start program. This analysis will be

guided by the criteria for agency

designation found in section 641(d) of

the Head Start Act and sections 1302.10

(b) (1) to (5) and 1302.11 (a) to (c) of this

Part.

Section 1302.32 Alternative Agency—

Prohibition

This section states that the tribe may

not designate as an alternative agency

an agency which includes an employee

who served on the administrative or

program staff of the Indian tribal

grantee, and who was responsible for a

deficiency that was the basis of the

termination or denial of refunding

described in section 1302.30. It also

specifies that the Department, not the

tribe, reserves the right to determine

whether an employee was responsible

for a deficiency within the meaning and

context of this section.

IV. Impact Analysis

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.

This Notice of Proposed Rulemaking

sets forth a process whereby an Indian

tribe that is being terminated as a Head

Start grantee may identify an alternative

agency and request that the alternative

agency be designated as the Head Start

agency providing services to the tribe.

The costs of implementing this rule are

not significant.

Regulatory Flexibility Act of 1980

The Regulatory 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. For each rule with a

‘‘significant economic impact on a

substantial number of small entities’’ an

analysis must be prepared describing

the rule’s impact on small entities.

Small entities are defined by the Act to

include small businesses, small nonprofit organizations and small

governmental entities. While these

regulations would affect small entities,

they would not affect a substantial

number. For this reason, the Secretary

certifies that this rule will not have a

significant impact on substantial

numbers of small entities.

Paperwork Reduction Act

Under the Paperwork Reduction Act

of 1995, Pub. L. 104–13, all Departments

are required to submit collections of

information contained in proposed rules

published for public comment in the
65780 Federal Register / Vol. 62, No. 241 / Tuesday, December 16, 1997 / Proposed Rules

Federal Register to the Office of

Management and Budget for review and

approval. This NPRM does not contain

collection of information as defined in

the Paperwork Reduction Act and

implementing regulations.

List of Subjects in 45 CFR Part 1302

Education of disadvantaged, Grant

programs—social programs, Selection of

grantees.

(Catalog of Federal Domestic Assistance

Program Number 93.600, Project Head Start)

Dated: November 24, 1997.

Olivia A. Golden,

Assistant Secretary for Children and Families.

For the reasons set forth in the

Preamble, 45 CFR Part 1302 is proposed

to be amended as follows:

1. The Authority citation for Part 1302

continues to read as follows:

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

PART 1302—POLICIES AND

PROCEDURES FOR SELECTION,

INITIAL FUNDING, AND REFUNDING

OF HEAD START GRANTEES, AND

FOR SELECTION OF REPLACEMENT

GRANTEES

2. Section 1302.2 is amended by

adding a definition for ‘‘Indian Tribe’’ to

read as follows:

§ 1302.2 Definitions.

* * * * *

Indian tribe means any tribe, band,

nation, pueblo, or other organized group

or community of Indians, including any

Native village described in section 3(c)

of the Alaska Native Claims Settlement

Act (43 U.S.C. 1602(c)) or established

pursuant to such Act (43 U.S.C. 1601 et

seq.) that is recognized as eligible for

special programs and services provided

by the United States to Indians because

of their status as Indians.

* * * * *

3. A new Subpart D, containing new

sections 1302.30, 1302.31, and 1302.32,

is added to read as follows:

Subpart D—Replacement of Indian

Tribal Grantees

§ 1302.30 Procedure for identification of

alternative agency.

(a) An Indian tribe whose Head Start

grant has been terminated, or which has

been denied refunding as a Head Start

grantee, may identify an agency and

request the responsible HHS official to

designate such agency as an alternative

agency to provide Head Start services to

the tribe if:

(1) The tribe was the only agency that

was receiving federal financial

assistance to provide Head Start services

to members of the tribe; and

(2) The tribe would be otherwise

precluded from providing such services

to its members because of the

termination or denial of refunding.

(b)(1) The responsible HHS official,

when notifying a tribal grantee of the

intent to terminate financial assistance

or deny its application for refunding,

must notify the grantee that it may

identify an agency and request that the

agency serve as the alternative agency in

the event that the grant is terminated or

refunding denied.

(2) The tribe must identify the

alternate agency to the responsible HHS

official, in writing, within the time for

filing an appeal under 45 CFR Part 1303.

(3) The responsible HHS official will

notify the tribe, in writing, whether the

alternative agency proposed by the tribe

is found to be eligible for Head Start

funding and capable of operating a Head

Start program. If the alternative agency

identified by the tribe is not an eligible

agency capable of operating a Head Start

program, the tribe will have 15 days

from the date of the sending of the

notification to that effect from the

responsible HHS official to identify

another agency and request that the

agency be designated. The responsible

HHS official will notify the tribe in

writing whether the second proposed

alternate agency is found to be an

eligible agency capable of operating the

Head Start program.

(4) If the tribe does not identify a

suitable alternative agency, a

replacement grantee will be designated

under these regulations.

(c) If the tribe appeals a termination

of financial assistance or a denial of

refunding, it will, consistent with the

terms of 45 CFR Part 1303, continue to

be funded pending resolution of the

appeal. However, the responsible HHS

official and the grantee will proceed

with the steps outlined in this

regulation during the appeal process.

(d) If the tribe does not identify an

agency and request that the agency be

appointed as the alternative agency, the

responsible HHS official will seek a

permanent replacement grantee under

these regulations.

§ 1302.31 Requirements of alternative

agency.

The agency identified by the Indian

tribe must establish that it meets all

requirements established by the Head

Start Act and these requirements for

designation as a Head Start grantee and

that it is capable of conducting a Head

Start program. The responsible HHS

official, in deciding whether to

designate the proposed agency, will

analyze the capacity and experience of

the agency according to the criteria

found in section 641(d) of the Head

Start Act and §§ 1302.10(b) (1) through

(b)(5) and 1302.11 of this part.

§ 1302.32 Alternative agency—prohibition.

(a) No agency will be designated as

the alternative agency pursuant to this

Subpart if the agency includes an

employee who:

(1) Served on the administrative or

program staff of the Indian tribal

grantee, and

(2) Was responsible for a deficiency

that:

(i) Relates to the performance

standards or financial management

standards described in the Head Start

Act; and

(ii) Was the basis for the termination

or denial of refunding described in

§ 1302.30 of this part.

(b) The responsible HHS official shall

determine whether an employee was

responsible for a deficiency within the

meaning and context of this section.

[FR Doc. 97–32748 Filed 12–15–97; 8:45 am]

BILLING CODE 4184–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1, 21 and 74

[MM Docket No. 97–217; DA 97–2547]

MDS and ITFS Two-Way

Transmissions

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; extension of

comment period.

SUMMARY: In this Order Extending Time

for Filing Comments and Reply

Comments (‘‘Order’’), comment is

sought on additional proposals for

amendment of the Commission’s rules

to enable Multipoint Distribution

Service (‘‘MDS’’) and Instructional

Television Fixed Service (‘‘ITFS’’)

licensees to engage in fixed two-way

transmissions. In addition, the comment

period in this docket is extended in

order to allow for proper consideration

of the proposals.

DATES: Comments must be filed on or

before January 8, 1998, and reply

comments on or before February 9,

1998. Written comments by the public

on the Initial Regulatory Flexibility

Analysis are due January 8, 1998.

ADDRESSES: Office of the Secretary,

Federal Communications Commission,

1919 M Street, N.W., Washington, D.C.

20554.

FOR FURTHER INFORMATION CONTACT:

Michael J. Jacobs, (202) 418–7066 or