Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Rules and Regulations 1399

adopt regulations consistent with the

Federal requirements.

III. Administrative Requirements

A. Official File

Copies of the State’s submittal and

other information relied upon for the

final interim approval, including public

comments on the proposal received and

reviewed by EPA, are maintained in the

official file at the EPA Regional Office.

The file is an organized and complete

record of all the information submitted

to, or otherwise considered by, EPA in

the development of this final interim

approval. The official file is available for

public inspection at the location listed

under the ADDRESSES section of this

document.

B. Executive Order 12866

The Office of Management and Budget

has exempted this action from Executive

Order 12866 review.

C. Regulatory Flexibility Act

The EPA’s actions under section 502

of the Act do not create any new

requirements, but simply address

operating permits programs submitted

to satisfy the requirements of 40 CFR

part 70. Because this action does not

impose any new requirements, it does

not have a significant impact on a

substantial number of small entities.

D. Unfunded Mandates Reform Act of

1995

Under section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate, or to the private sector, of

$100 million or more. Under section

205, EPA must select the most cost

effective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule. EPA

has determined that the final interim

approval action promulgated today does

not include a Federal mandate that may

result in estimated costs of $100 million

or more to State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 70

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Operating permits, Reporting

and recordkeeping requirements.

Dated: December 27, 1996.

Valdas V. Adamkus,

Regional Administrator.

Part 70, title 40 of the Code of Federal

Regulations is amended as follows:

PART 70—[AMENDED]

1. The authority citation for part 70

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

2. Appendix A to part 70 is amended

by adding the entry for Michigan in

alphabetical order to read as follows:

Appendix A to Part—70–Approval

Status of State and Local Operating

Permits Programs

* * * * *

Michigan

(a) Department of Environmental Quality:

received on May 16, 1995, July 20, 1995,

October 6, 1995, November 7, 1995, and

January 8, 1996; interim approval effective on

February 10, 1997; interim approval expires

February 10, 1999.

(b) (Reserved)

* * * * *

[FR Doc. 97–643 Filed 1–9–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Administration for Children and

Families

45 CFR Part 1311

RIN 0970–AB56

Head Start Program

AGENCY: Administration on Children,

Youth and Families (ACYF),

Administration for Children and

Families (ACF), Health and Human

Services (HHS).

ACTION: Final rule.

SUMMARY: The Administration on

Children, Youth and Families is issuing

this final rule to implement a new

statutory provision authorizing the

Secretary to create a Head Start Fellows

Program for staff in local Head Start

programs or other individuals working

in the field of child development, child

care, early childhood education, health,

and family services.

EFFECTIVE DATE: February 10, 1997.

FOR FURTHER INFORMATION CONTACT:

Dennis Gray, Head Start Bureau,

Administration on Children, Youth and

Families, P.O. Box 1182, Washington,

D.C. 20013; (202) 205–8404.

SUPPLEMENTARY INFORMATION:

I. Program Purpose

Public Law 103–252, the Human

Services Amendments of 1994,

amended the Head Start Act to

authorize the creation of a Head Start

Fellows Program (HSFP), which will

support professional development of

individuals working in Head Start or

related programs.

The Head Start Bureau is pleased with

the opportunity to develop the HSFP.

The Bureau anticipates that the HSFP

will provide Head Start Fellows with a

unique opportunity to be exposed to

activities, issues, resources, and new

approaches through placements that

will include national and regional Head

Start offices, academia, and other public

or private nonprofit entities and

organizations concerned with services

to children and families. The Head Start

Bureau will benefit from the valuable

perspectives brought by the Fellows

currently working in Head Start and

other programs across America to the

national policy making process.

II. Summary of the Final Rule

The authority for this final rule is

section 1150 of Public Law 103–252, the

Human Services Amendments of 1994

(the Act) which added section 648A(d)

to the Head Start Act (42 U.S.C. 9843).

Section 648A(d) authorizes the

Secretary to establish a program of Head

Start Fellowships. Section 648A(d)(6)

authorizes the Secretary to make

expenditures not to exceed $1,000,000

for any fiscal year for stipends and other

reasonable expenses for the Fellows

Program. Additional authority is found

in section 648A(d)(8), which mandates

that the Secretary promulgate

regulations to carry out section 648A(d).

The Act specifies:

• To whom Fellowships may be

competitively awarded;
1400 Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Rules and Regulations

• Placement locations for Head Start

Fellows;

• The duration of Head Start

Fellowships; and

• The status of Head Start Fellows.

III. Rulemaking History

On May 15, 1996, the Department

published a Notice of Proposed

Rulemaking (NPRM) in the Federal

Register (61 FR 24467) proposing to

establish a rule to implement the

statutory provision establishing the

Head Start Fellows Program, including

selection, placement, duration and

status of the Head Start Fellows.

Interested persons were given 60 days in

which to comment on the proposed

rule. During the 60 day comment period

the Department received comments

from seven individuals in Head Start,

child care, and early intervention

programs.

IV. Section by Section Discussion of the

Comments Received

No comments were received on

sections 1311.1 (Head Start Fellows

Purpose), 1311.2 (Definitions), and

1311.3 (Application Process).

Section 1311.4 Qualifications,

Selection, and Placement

Comment: We received one comment

that a specified number of Fellows slots

should be reserved for people employed

in Head Start at the local level. The

individual also commented that nonHead Start program staff, especially

early childhood specialists and

consultants, should receive a lower

priority rating in the selection process.

Response: It is anticipated that some

local Head Start program staff will

emerge as Fellows from each year’s

selection process. However, the purpose

of the program is broader than Head

Start and is aimed at a wider audience

than the current Head Start community.

The program’s purpose is to build

leadership and enhance the ability of

the Fellows to make significant

contributions throughout the early

childhood and family services field.

Establishing a quota for Head Start

employees or otherwise placing eligible

individuals from non-Head Start

programs at a disadvantage would

distort the nature of the competitive

process and, we believe, is not in

accordance with the intent of the

legislation.

Comment: One comment suggested

that the final rule should identify all

organizations involved in the selection

process and describe the role of each.

Response: This comment is in

reference to the Council for Early

Childhood Professional Recognition

(‘‘the Council’’), a Washington, D.C.-

based non-profit organization which is

assisting with the implementation of the

HSFP through a Cooperative Agreement

between it and the Administration on

Children, Youth and Families. The

Council competed successfully for this

Cooperative Agreement and is providing

support for the development and

operation of this program in myriad

ways. Also involved is the Commission

on National Head Start Fellowship,

which is an entity which the Council

and the Head Start Bureau jointly

established and consists of nationally

prominent individuals in early

childhood and family services. The

Commission is also providing

substantial support in the ongoing

development of the program, including

the formulation and application of

selection criteria and the actual

recommendation of Fellows for

selection.

Although we anticipate that these

entities will remain involved

throughout the currently legislated

duration of the program, the HSFP is

still in its developmental stage. It may

become necessary at some point to

change these relationships or establish

entirely new relationships. For this

reason it is our judgment that this

should not be written into the

regulation.

Comment: One comment to this

section maintained that the selection

criteria for choosing the Fellows should

be published and weighted.

Response: There is merit to this

argument in that the applicants would

know with greater specificity the criteria

on which they are being judged and the

weight accorded each criterion and

would therefore be able to respond more

appropriately. Nevertheless, it is our

judgment that specifying and precisely

formulating the criteria and their

relative weights would unduly restrict

current Commissioners and future

Commissioners in the selection process.

However, we will be discussing this

issue and the possibility of inclusion of

criteria and their weights in the

application package for future classes of

Fellows at the next meeting of the

Commission on National Head Start

Fellowships.

Section 1311.5 Duration of

Fellowships and Status of Head Start

Fellows

Comment: We received one comment

that, although the NPRM is clear, other

information regarding the Fellowship is

unclear as to whether the Fellowship

placement is for one or for two years.

Response: We appreciate this

comment and will assure that all

documents to be used in the future

regarding the Fellows Program

specifically state that the Fellowship are

for one year but may be renewed for a

term of one additional year.

V. Impact Analysis

Executive Order 12866

This final rule implements the

statutory authority to create a HSFP.

Congress authorized expenditures

allotted under section 640(a)(2)(D) of the

Head Start Act, not to exceed $1 million

in any fiscal year. This section allows

for expenditures at the Secretary’s

discretion.

Regulatory Flexibility Act of 1980

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, Public Law 104–13, all

Departments are required to submit to

the Office of Management and Budget

(OMB) for review and approval any

reporting or record-keeping requirement

inherent in a proposed rule or, if

necessary, a final rule. This final rule

contains an information collection

requirement in section 1311.3 with

regard to the application process for

individuals applying for the HSFP. No

comments were received on section

1311.3. The information collection

remains the same as set forth in the

NPRM.

We submitted section 1311.3 to OMB

for review and approval in accordance

with the Paperwork Reduction Act. The

OMB control number is 0970–0140 and

has been inserted at the end of section

1311.3. The expiration date is 7/31/99.

List of Subjects in 45 CFR Part 1311

Education of disadvantaged, Grant

programs—social programs,

Scholarships and fellowships.

(Catalog of Federal Domestic Assistance

Program Number 93.600, Project Head Start)

Approved: December 17, 1996.

Olivia A. Golden,

Acting Assistant Secretary for Children and

Families.

For the reasons set forth in the

Preamble, 45 CFR Chapter XIII is

amended by adding a new Part 1311 as

follows:

PART 1311—HEAD START FELLOWS

PROGRAM

Sec.

1311.1 Head Start Fellows Program

purpose.

1311.2 Definitions.

1311.3 Application process.
Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Rules and Regulations 1401

1311.4 Qualifications, selection, and

placement.

1311.5 Duration of Fellowships and status

of Head Start Fellows.

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

§ 1311.1 Head Start Fellows Program

Purpose.

(a) This part establishes regulations

implementing section 648A(d) of the

Head Start Act, as amended, 42 U.S.C.

9801 et seq., applicable to the

administration of the Head Start Fellows

Program, including selection,

placement, duration and status of the

Head Start Fellows.

(b) As provided in section 648A(d) of

the Act, the Head Start Fellows Program

is designed to enhance the ability of

Head Start Fellows to make significant

contributions to Head Start and to other

child development and family services

programs.

§ 1311.2 Definitions.

As used in this part:

Act means the Head Start Act, as

amended, 42 U.S.C. 9801 et seq.

Associate Commissioner means the

Associate Commissioner of the Head

Start Bureau in the Administration on

Children, Youth and Families.

Head Start Fellows means individuals

who participate in the Head Start

Fellows Program, who may be staff in

local Head Start programs or other

individuals working in the field of child

development and family services.

§ 1311.3 Application process.

An individual who wishes to obtain a

Fellowship must submit an application

to the Associate Commissioner. The

Administration for Children and

Families will publish an annual

announcement of the availability and

number of Fellowships in the Federal

Register. Federal employees are not

eligible to apply. (The information

collection requirement contained in this

section is approved under OMB Control

Number 0970–0140.)

§ 1311.4 Qualifications, selection, and

placement.

(a) The Act specifies that an applicant

must be working on the date of

application in a local Head Start

program or otherwise working in the

field of child development and family

services. The qualifications of the

applicants for Head Start Fellowship

positions will be competitively

reviewed. The Associate Commissioner

will make the final selection of the Head

Start Fellows.

(b) Head Start Fellows may be placed

in:

(1) The Head Start national and

regional offices;

(2) Local Head Start agencies and

programs;

(3) Institutions of higher education;

(4) Public or private entities and

organizations concerned with services

to children and families; and

(5) Other appropriate settings.

(c) A Head Start Fellow who is not an

employee of a local Head Start agency

or program may only be placed in the

national or regional offices within the

Department of Health and Human

Services that administer Head Start or

local Head Start agencies.

(d) Head Start Fellows shall not be

placed in any agency whose primary

purpose, or one of whose major

purposes is to influence Federal, State

or local legislation.

§ 1311.5 Duration of Fellowships and

status of Head Start Fellows.

(a) Head Start Fellowships will be for

terms of one year, and may be renewed

for a term of one additional year.

(b) For the purposes of compensation

for injuries under chapter 81 of title 5,

United States Code, Head Start Fellows

shall be considered to be employees, or

otherwise in the service or employment,

of the Federal Government.

(c) Head Start Fellows assigned to the

national or regional offices within the

Department of Health and Human

Services shall be considered employees

in the Executive Branch of the Federal

Government for the purposes of chapter

11 of title 18, United States Code, and

for the purposes of any administrative

standards of conduct applicable to the

employees of the agency to which they

are assigned.

[FR Doc. 97–576 Filed 1–9–97; 8:45 am]

BILLING CODE 4184–01–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. 74–14; Notice 111]

RIN 2127–AG24

Federal Motor Vehicle Safety

Standards; Occupant Crash Protection

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Final rule.

SUMMARY: In response to a petition from

the Ford Motor Company, this

document grants a four-month extension

of the date by which vehicles with a

gross vehicle weight rating (GVWR) of

more than 8,500 pounds and less than

10,000 pounds must comply with the

requirements for safety belt fit.

DATES: Effective Date: The amendments

made in this rule are effective

September 1, 1997.

Petition Date: Any petitions for

reconsideration must be received by

NHTSA no later than February 24, 1997.

ADDRESSES: Any petitions for

reconsideration should refer to the

docket and notice number of this notice

and be submitted to: Administrator,

National Highway Traffic Safety

Administration, 400 Seventh Street, SW,

Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: The

following persons at the National

Highway Traffic Safety Administration,

400 Seventh Street, SW, Washington,

DC 20590:

For non-legal issues: Clarke Harper,

Office of Crashworthiness Standards,

NPS–11, telephone (202) 366–2264,

facsimile (202) 366–4329, electronic

mail ‘‘charper@nhtsa.dot.gov’’.

For legal issues: Edward Glancy,

Office of the Chief Counsel, NCC–20,

telephone (202) 366–2992, facsimile

(202) 366–3820, electronic mail

‘‘eglancy@nhtsa.dot.gov’’.

SUPPLEMENTARY INFORMATION: On August

3, 1994, NHTSA published a final rule

amending Standard No. 208, Occupant

Crash Protection, to improve safety belt

fit and thus the rate of belt use by

requiring that Type 2 safety belts

installed for adjustable seats in vehicles

with a gross vehicle weight rating

(GVWR) of 10,000 pounds or less either

be integrated with the vehicle seat or be

equipped with a means of adjustability

to improve the fit and increase the

comfort of the belt for a variety of

different sized occupants (59 FR 39472).

The final rule specified that the

amendment take effect September 1,

1997.

On December 22, 1995, the Ford

Motor Company (Ford) petitioned the

agency to extend the effective date of

this new requirement for vehicles with

a GVWR between 8,500 and 10,000

pounds from September 1, 1997 to

January 1, 1998. In its petition, Ford

stated that unexpected developmental

problems with a new truck platform

prevented it from beginning production

by September 1, 1997, as originally

expected. Ford stated that redesigning

the existing truck platform to meet the

September 1, 1997 effective date would

cost $4.5 million or $100 per vehicle. A

more detailed explanation of Ford’s

basis for the extension was included in

the notice of proposed rulemaking

(NPRM) (61 FR 39432).

On July 29, 1996, NHTSA published

an NPRM proposing to extend the