Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations 42225 

monitoring, and five-year reviews have 

been completed. However, this deletion 

does not preclude future actions under 

Superfund. 

DATES: This action is effective August 

21, 2018. 

ADDRESSES: Docket: EPA has established 

a docket for this action under Docket 

Identification No. EPA–HQ–SFUND– 

1986–0005. All documents in the docket 

are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., Confidential 

Business Information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at: 

U.S. EPA Region III, Superfund 

Records Center, 6th Floor, 1650 Arch 

Street, Philadelphia, PA 19103–2029; 

(215) 814–3157, Monday through Friday 

8:00 a.m. to 5:00 p.m. 

Morgantown Public Library, 373 

Spruce Street, Morgantown, WV 26505; 

(304) 291–7425, Monday through 

Saturday 9:00 a.m. to 4:00 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Thomas, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 3, 3HS23 1650 Arch 

Street Philadelphia, PA 19103, (215) 

814–3377, email thomas.jeffrey@

epa.gov. 

SUPPLEMENTARY INFORMATION: The site to 

be deleted from the NPL is: Ordnance 

Works Disposal Areas, Morgantown, 

West Virginia. A Notice of Intent to 

Delete for this Site was published in the 

Federal Register 83 FR 28586 on June 

20, 2018. 

The closing date for comments on the 

Notice of Intent to Delete was July 20, 

2018. No public comments were 

received and EPA believes the deletion 

action remains appropriate. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion from the NPL 

does not preclude further remedial 

action. Whenever there is a significant 

release from a site deleted from the NPL, 

the deleted site may be restored to the 

NPL without application of the hazard 

ranking system. Deletion of a site from 

the NPL does not affect responsible 

party liability in the unlikely event that 

future conditions warrant further 

actions. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: July 31, 2018. 

Cosmo Servidio, 

Regional Administrator, U.S. Environmental 

Protection Agency Region 3. 

For reasons set out in the preamble, 

40 CFR part 300 is amended as follows: 

PART 300—NATIONAL OIL AND 

HAZARDOUS SUBSTANCES 

POLLUTION CONTINGENCY PLAN 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(d); 42 U.S.C. 

9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 

2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 

3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 

FR 2923, 3 CFR, 1987 Comp., p. 193. 

Appendix B to Part 300—[Amended] 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing ‘‘WV’’, 

‘‘Ordnance Works Disposal Areas’’, 

‘‘Morgantown’’. 

[FR Doc. 2018–18032 Filed 8–20–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Part 1355 

RIN 0970–AC76 

Adoption and Foster Care Analysis 

and Reporting System 

AGENCY: Children’s Bureau (CB); 

Administration on Children, Youth and 

Families (ACYF); Administration for 

Children and Families (ACF); 

Department of Health and Human 

Services (HHS). 

ACTION: Final rule; delay of compliance 

and effective dates. 

SUMMARY: The Children’s Bureau will 

delay the compliance and effective dates 

in the Adoption and Foster Care 

Analysis and Reporting System 

(AFCARS) 2016 final rule for title IV–E 

agencies to comply with agency rules 

for an additional one fiscal year. We are 

delaying the effective date due to our 

advanced notice of proposed 

rulemaking (ANPRM), published on 

March 15, 2018, seeking public 

comment on suggestions for 

streamlining the AFCARS data elements 

and removing any undue burden related 

to reporting AFCARS data. 

DATES: This rule is effective on August 

21, 2018. As of August 21, 2018, the 

effective date for amendatory 

instructions 3 and 5, published 

December 14, 2016 at 81 FR 90524, is 

delayed to October 1, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen McHugh, Division of Policy, 

Children’s Bureau at (202) 401–5789, 

CBComments@acf.hhs.gov. 

SUPPLEMENTARY INFORMATION: In the 

AFCARS final rule issued on December 

14, 2016 (81 FR 90524), ACF provided 

an implementation timeframe of two 

fiscal years for title IV–E agencies to 

comply with §§ 1355.41 through 

1355.47 (81 FR 90529). On February 24, 

2017, the President issued Executive 

Order 13777 entitled ‘‘Enforcing the 

Regulatory Reform Agenda’’. In 

response to the President’s direction 

that federal agencies establish a 

Regulatory Reform Task Force to review 

existing regulations and make 

recommendations regarding their repeal, 

replacement, or modification, the HHS 

Task Force identified the AFCARS 

regulation as one where there may be 

areas for reducing reporting burden. 

On March 15, 2018, ACF published a 

notice of proposed rulemaking (NPRM) 

proposing to revise the effective date in 

the regulation to provide an additional 

two fiscal years to comply with 

§§ 1355.41 through 1355.47 (83 FR 

11450). The comment period ended on 

April 16, 2018. In response to the 

NPRM, we received 43 comments from 

12 states, six Indian tribes or consortia, 

three organizations representing tribal 

interests, and 22 other organizations and 

anonymous entities. The analysis of the 

comments may be found in the sectionby-section discussion of this final rule. 

Based on our analysis of the 

comments, in this final rule ACF revised 

§ 1355.40 to provide an additional fiscal 

year to comply with §§ 1355.41 through 

1355.47. This also serves as a notice to 

title IV–E agencies that we are delaying 

the implementation timeframe for title 

IV–E agencies to make revisions to their 

systems to comply with §§ 1355.41 

through 1355.47. 

ACF finds good cause for these 

amendments to become effective on the 

date of publication of this action. The 

APA allows an effective date less than 

30 days after publication as ‘‘provided 

by the agency for good cause found and 

published with the rule’’ (5 U.S.C. 

553(d)(3)). A delayed effective date is 

unnecessary in this case because, as 

stated above, any delay might lead to 


sradovich on DSK3GMQ082PROD with RULES
42226 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations 

title IV–E agencies diverting resources 

to unnecessary changes to their data 

systems. Furthermore, this rule does not 

establish additional regulatory 

obligations or impose any additional 

burden on regulated entities. As a result, 

affected parties do not need time to 

prepare before the rule takes effect. 

Therefore, ACF finds good cause for 

these amendments to become effective 

on the date of publication of this action. 

Section-by-Section Discussion 

Section 1355.40 Foster Care and 

Adoption Data Collection 

We revised the effective dates in the 

regulation to provide an additional 

fiscal year to comply with §§ 1355.41 

through 1355.47. State and tribal title 

IV–E agencies must continue to report 

AFCARS data in the same manner they 

do currently, per § 1355.40 and 

appendices A through E of part 1355 

until September 30, 2020. As of October 

1, 2020, state and tribal title IV–E 

agencies must comply with §§ 1355.41 

through 1355.47. 

Comment Analysis 

In general, all state commenters 

supported the delay and all of the 

Indian tribes, organizations representing 

tribal interests, and all but one 

organization opposed delaying 

implementation of the AFCARS 2016 

final rule. Commenters in support of the 

delay stated that the delay will provide 

time for states to fully analyze system, 

cost, and training work needed to meet 

new AFCARS requirements, revise and 

update systems (which may include 

instituting a Comprehensive Child 

Welfare Information System) to move to 

a CCWIS, and allows ACF time to 

provide needed technical assistance and 

guidance on the new AFCARS 

requirements. Commenters in 

opposition of a delay of the 2016 final 

rule stated that a delay deprives federal, 

state, and tribal governments of critical 

case-level data on information that is 

not currently reported to AFCARS that 

can be used to build an evidence base 

for federal, state, and tribal 

policymaking and guide budget 

decisions for achieving positive 

outcomes. They also stated that 

interested parties were already provided 

ample notice and opportunities to 

comment and the 2016 final rule 

thoroughly responded to comments. 

We understand both the support and 

opposition for a delay expressed by 

commenters. We understand that 

information reported to AFCARS is 

important and the 2016 final rule is the 

first update to the AFCARS regulations 

since 1993. We must balance the need 

for updated data with the needs of our 

grantees, the title IV–E agencies, that 

must revise their systems to meet new 

AFCARS requirements and will 

ultimately be held accountable via 

compliance and penalties to report the 

data (see 45 CFR 1355.46 and 1355.47). 

Therefore, we believe that a balanced 

compromise is to delay implementation 

of the 2016 final rule for one year. This 

means that as of October 1, 2020, state 

and tribal title IV–E agencies must 

comply with the revision to AFCARS 

made by the 2016 final rule (§§ 1355.41 

through 1355.47). 

Regulatory Impact Analysis 

Executive Orders 12866, 13563, and 

13771 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. ACF 

consulted with the Office of 

Management and Budget (OMB) and 

determined that this rule does meet the 

criteria for a significant regulatory 

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

subject to OMB review. ACF determined 

that the costs to title IV–E agencies as 

a result of this rule will not be 

significant as defined in Executive 

Order 12866 (have an annual effect on 

the economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities). Because the rule is not 

economically significant as defined in 

E.O. 12866, no cost-benefit analysis 

needs to be included in this final rule. 

This final rule is considered an E.O. 

13771 deregulatory action. 

Regulatory Flexibility Analysis 

The Secretary certifies, under 5 U.S.C. 

605(b), as enacted by the Regulatory 

Flexibility Act (Pub. L. 96–354), that 

this final rule will not result in a 

significant impact on a substantial 

number of small entities. This final rule 

does not affect small entities because it 

is applicable only to state and tribal title 

IV–E agencies. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

(Pub. L. 104–4) requires agencies to 

prepare an assessment of anticipated 

costs and benefits before proposing any 

rule that may result in an annual 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation). That 

threshold level is currently 

approximately $146 million. This final 

rule does not impose any mandates on 

state, local, or tribal governments, or the 

private sector that will result in an 

annual expenditure of $146 million or 

more. 

Congressional Review 

This regulation is not a major rule as 

defined in 5 U.S.C. 8. 

Executive Order 13132 

Executive Order 13132 requires that 

federal agencies consult with state and 

local government officials in the 

development of regulatory policies with 

Federalism implications. Consistent 

with E.O. 13132 and Guidance for 

Implementing E.O. 13132 issued on 

October 28, 1999, the Department must 

include in ‘‘a separately identified 

portion of the preamble to the 

regulation’’ a ‘‘federalism summary 

impact statement’’ (Secs. 6(b)(2)(B) & 

(c)(2)). The Department’s ‘‘federalism 

summary impact statement is as 

follows— 

• ‘‘A description of the extent of the 

agency’s prior consultation with State 

and local officials’’—ACF held an 

informational call for the NPRM on 

April 5, 2018 and the public comment 

period was open from March 15, 2018 

to April 16, 2018 where we solicited 

comments via regulations.gov, email, 

and postal mail. 

• ‘‘A summary of the nature of their 

concerns and the agency’s position 

supporting the need to issue the 

regulation’’—As we discussed in the 

preamble to this final rule, state 

commenters support delaying the 

compliance date for the 2016 AFCARS 

final rule; however, Indian tribes, 

organizations representing tribal 

interests, and all but one organization 

opposed delaying implementation of the 

2016 final rule. Our need for issuing this 

final rule is to provide the title IV–E 

agencies that must submit AFCARS time 

to revise systems to meet new AFCARS 

requirements. We provide an additional 

year to balance the need for updated 

data with the needs of our grantees. 

• ‘‘A statement of the extent to which 

the concerns of State and local officials 

have been met’’ (Secs. 6(b)(2)(B) & 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations 42227 

6(c)(2))—As we discuss in the sectionby-section discussion preamble, we 

proposed in the NPRM to delay for an 

additional two fiscal years the date by 

which title IV–E agencies must comply 

with the 2016 final rule. Our balance to 

meet the states’ needs for a delay, as 

expressed in their comments, is to 

provide an additional one year. 

Assessment of Federal Regulations and 

Policies on Families 

Section 654 of the Treasury and 

General Government Appropriations 

Act of 2000 (Pub. L. 106–58) requires 

federal agencies to determine whether a 

policy or regulation may affect family 

well-being. If the agency’s 

determination is affirmative, then the 

agency must prepare an impact 

assessment addressing seven criteria 

specified in the law. This final rule will 

not have an impact on family well-being 

as defined in the law. 

Paperwork Reduction Act 

Under the Paperwork Reduction Act 

(44 U.S.C. 35, as amended) (PRA), all 

Departments are required to submit to 

OMB for review and approval any 

reporting or recordkeeping requirements 

inherent in a proposed or final rule. 

PRA rules require that ACF estimate the 

total burden created by this proposed 

rule regardless of what information is 

available. ACF provides burden and cost 

estimates using the best available 

information. Information collection for 

AFCARS is currently authorized under 

OMB number 0970–0422. This final rule 

does not make changes to the AFCARS 

requirements for title IV–E agencies; it 

delays the effective date and provides 

title IV–E agencies with additional time 

to comply with §§ 1355.41 through 

1355.47. Thus, the annual burden hours 

for recordkeeping and reporting does 

not change from those currently 

authorized under OMB number 0970– 

0422. Therefore, we are not seeking 

comments on any information collection 

requirements through this final rule. 

Tribal Consultation Statement 

ACF is committed to consulting with 

Indian tribes and tribal leadership to the 

extent practicable and permitted by law, 

prior to promulgating any regulation 

that has tribal implications. During the 

comment period, CB held an 

information session on April 5, 2018 

where the NPRM was presented by CB 

officials. Prior to this information 

session, the NPRM was linked to on the 

CB website, a link to the NPRM was 

emailed to CB’s tribal lists (on March 

13, 2018 when the NPRM was available 

for public inspection and March 15, 

2018 when the NPRM was published), 

and CB issued ACYF–CB–IM–18–01 

(issued March 16, 2018). Additionally, 

ACF held a tribal consultation on 

November 6, 2017 during which tribes 

requested that ACF leave the 2016 final 

rule in place, stating that the ICWArelated data elements are very important 

for accountability. At a meeting with 

tribal representatives at the Secretary’s 

Tribal Advisory Committee on May 9 

and 10, 2018, representatives stated the 

following: they support the 2016 final 

rule; they have concerns that states are 

not following ICWA; the ICWA-related 

data elements are critical to informing 

Congress, HHS, states, and tribes on 

how Native children and families are 

doing in state child welfare systems; 

and AFCARS information would help 

inform issues such as foster care 

disproportionality. 

As we developed this final rule, we 

carefully considered the comments from 

Indian tribes and organizations 

representing tribal interests, whose 

comments were to not delay the 

implementation of the 2016 final rule. 

However, we must balance the need for 

data with the needs of our grantees, the 

title IV–E agencies, that must revise 

their systems to meet new AFCARS 

requirements and will ultimately be 

held accountable via compliance and 

penalties to report the data. 

List of Subjects in 45 CFR Part 1355 

Adoption and foster care, Child 

welfare, Grant programs—social 

programs. 

(Catalog of Federal Domestic Assistance 

Program Number 93.658, Foster Care 

Maintenance; 93.659, Adoption Assistance; 

93.645, Child Welfare Services—State 

Grants). 

Dated: July 20, 2018. 

Steven Wagner, 

Acting Assistant Secretary for Children and 

Families. 

Approved: July 25, 2018 

Alex M. Azar II, 

Secretary. 

For the reasons set forth in the 

preamble, we amend 45 CFR part 1355 

as follows: 

PART 1355—GENERAL 

■ 1. The authority citation for part 1355 

continues to read as follows: 

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

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

■ 2. Amend § 1355.40 by revising 

paragraph (a) to read as follows: 

§ 1355.40 Foster care and adoption data 

collection. 

(a) Scope. State and tribal title IV–E 

agencies must follow the requirements 

of this section and appendices A 

through E of this part until September 

30, 2020. As of October 1, 2020, state 

and tribal title IV–E agencies must 

comply with §§ 1355.41 through 

1355.47. 

* * * * * 

[FR Doc. 2018–17947 Filed 8–20–18; 8:45 am] 

BILLING CODE 4184–25–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 170817779–8161–02] 

RIN 0648–XG428 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

total allowable catch (TAC) from vessels 

using jig gear and catcher vessels greater 

than or equal to 60 feet (18.3 meters (m)) 

length overall (LOA) using hook-andline gear to catcher vessels less than 60 

feet (18.3 m) LOA using hook-and-line 

or pot gear in the Bering Sea and 

Aleutian Islands management area. This 

action is necessary to allow the 2018 

TAC of Pacific cod to be harvested. 

DATES: Effective August 16, 2018, 

through 2400 hours, Alaska local time 

(A.l.t.), December 31, 2018. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Bering Sea and Aleutian Islands (BSAI) 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2018 Pacific cod TAC specified 

for vessels using jig gear in the BSAI is 

1,149 metric tons (mt) as established by 

the final 2018 and 2019 harvest 

specifications for groundfish in the 


sradovich on DSK3GMQ082PROD with RULES