Federal Register / Vol. 63, No. 2 / Monday, January 5, 1998 / Proposed Rules 187

For the reasons stated in the

preamble, the Panama Canal

Commission proposes to amend 35 CFR

parts 133 and 135 as follows:

PART 133—TOLLS FOR USE OF

CANAL

1. The authority citation for part 133

is revised to read as follows:

Authority: 22 U.S.C. 3791–3792.

2. Section 133.1 is revised to read as

follows:

§ 133.1 Rates of toll.

The following rates of toll shall be

paid by vessels using the Panama Canal:

(a) On vessels over 38.10 meters

(125.00 feet) in length overall:

(1) On merchant vessels, yachts, army

and navy transports, colliers, hospital

ships, and supply ships, when carrying

passengers or cargo (laden), $2.57 per

PC/UMS Net Ton—that is, the Net

Tonnage determined in accordance with

part 135 of this chapter.

(2) On vessels in ballast without

passengers or cargo, $2.04 per PC/UMS

Net Ton.

(3) On other floating craft including

warships, other than transports, colliers,

hospital ships, and supply ships, $1.43

per ton of displacement.

(4) All vessels whose PC/UMS Net

Tonnage (laden or ballast) or

displacement tonnage would result in a

toll of less than $1,500 shall pay the

fixed, minimum toll provided in

paragraph (b) of this section.

(b) On vessels less than or equal to

38.10 meters (125.00 feet) in length

overall:

(1) Vessels with or without passengers

or cargo shall pay a fixed, minimum toll

of $1,500.

(2) Vessels whose constructional

features are such as to render the

application of this provision

unreasonable or impractical, as

determined by the Panama Canal

Commission, shall have a PC/UMS Net

or displacement tonnage determined

and shall have the toll assessed in

accordance with paragraph (a) of this

section; however, in no case shall the

toll be less than $1,500.

PART 135—RULES FOR

MEASUREMENT OF VESSELS

1. The authority citation for part 135

is revised to read as follows:

Authority: 22 U.S.C. 3791–3792.

1. Section 135.1 is amended by

adding at the end thereof two new

sentences to read as follows:

§ 135.1 Scope.

* * * Vessels less than or equal to

38.10 meters (125.00 feet) in length

overall are not required to be measured,

except as provided for in § 133.1(b)(2) of

this chapter. Vessels greater than 38.10

meters (125.00 feet) in length overall

may not be assigned a PC/UMS Net

Tonnage if it is determined by the

Panama Canal Commission the fixed,

minimum toll provided for in

§ 133.1(b)(1) will apply.

Dated: December 29, 1997.

John A. Mills,

Secretary, Panama Canal Commission.

[FR Doc. 98–099 Filed 1–2–98; 8:45 am]

BILLING CODE 3640–04–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Office of Inspector General

42 CFR Part 1001

Negotiated Rulemaking Committee on

the Shared Risk Exception; Meetings

AGENCY: Office of Inspector General

(OIG), HHS.

ACTION: Meeting of Negotiated

Rulemaking Committee.

SUMMARY: This document announces the

revised dates for the seventh set of

meetings of the Negotiated Rulemaking

Committee on the Shared Risk

Exception. The purpose of this

Committee is to negotiate the

development of an interim final rule

addressing the shared risk exception to

the Federal health care programs’ antikickback provisions, as statutorilymandated by section 216 of the Health

Insurance Portability and

Accountability Act of 1996.

DATES: The next series of meetings will

be held on January 21 and 22, 1998 from

9:00 a.m. to 5:00 p.m.

ADDRESSES: The January sessions will be

held at the Holiday Inn Capitol, 550 C

Street, SW., Washington, DC 20024, as

previously announced.

FOR FURTHER INFORMATION CONTACT:

Inquiries regarding these sessions

should be addressed to Joel Schaer, OIG

Regulations Officer, Office of Counsel to

the Inspector General, Room 5518,

Cohen Building, 330 Independence

Avenue, SW., Washington, DC 20201; or

call (202) 619–0089.

SUPPLEMENTARY INFORMATION: The dates

for the next series of meetings for the

Negotiated Rulemaking Committee on

the Shared Risk Exception, originally

scheduled for January 20 through 22,

1998 (62 FR 63689, December 2, 1997),

have been revised. The Committee will

now plan to meet only on January 21

and 22, 1998.

The Negotiated Rulemaking

Committee on the Shared Risk

Exception been established to provide

advice and make recommendations to

the Secretary of Health and Human

Services with respect to the text or

content of an interim final rule that will

establish standards relating to the

exception to the anti-kickback statute

for risk-sharing arrangements. set forth

in section 1128B(b)(3)(F) of the Social

Security Act. The exception was

enacted by section 216 of Public Law

104–191, the Health Insurance

Portability and Accountability Act

(HIPAA) of 1996. Section 216 of HIPAA

provides that the Secretary will

promulgate regulations that establish

standards for the exception using an

expedited negotiated rulemaking

process. In the January meeting, the

Committee will conclude discussion of

issues relating to the development of the

interim final rule and the options for

resolving those issues.

Both the January 21 and 22, 1998

meetings will be open to the public

without advanced registration. A

summary of all proceedings of these

meetings and relevant matters and other

material will also be available for public

inspection at the address listed above

from the hours of 8:30 a.m. to 5:00 p.m.,

or can be accessed through the OIG web

site located at http://www.dhhs.gov/

progorg/oig. Notice of this meeting is

given under the Federal Advisory

Committee Act (5 U.S.C. App. 2).

Dated December 19, 1997.

D. McCarty Thornton,

Chief Counsel to the Inspector General.

[FR Doc. 98–30 Filed 1–2–98; 8:45 am]

BILLING CODE 4150–04–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Administration for Children and

Families

45 CFR Parts 302, 303, and 304

RIN 0970–AB69

Child Support Enforcement Program;

State Plan Requirements, Standards

for Program Operations, and Federal

Financial Participation

AGENCY: Office of Child Support

Enforcement (OCSE), HHS.

ACTION: Notice of proposed rulemaking

SUMMARY: This proposed rule would

implement part of the paternity

establishment provisions contained in

section 331 of the Personal

Responsibility and Work Opportunity
188 Federal Register / Vol. 63, No. 2 / Monday, January 5, 1998 / Proposed Rules

Reconciliation Act of 1996 (PRWORA)

and amended by section 5539 of Pub. L.

105–33, which impose new statutory

requirements for a State’s voluntary

paternity acknowledgement process and

require the Secretary to promulgate

regulations governing voluntary

paternity establishment services and

identifying the types of entities other

than hospitals and birth record agencies

that may be allowed to offer voluntary

paternity establishment services. States

will be required to adopt laws and

procedures that are in accordance with

the statutory and regulatory provisions.

These proposed regulations will address

these procedures and related provisions.

DATES: Consideration will be given to

written comments received by March 6,

1998.

ADDRESSES: Comments should be

submitted in writing to the Office of

Child Support Enforcement,

Administration for Children and

Families, 370 L’Enfant Promenade, SW.,

4th Floor, Washington, DC 20447,

Attention: Director of Policy and

Planning Division, Mail Stop: OCSE/

DPP. Comments may also be submitted

by sending electronic mail (e-mail) to

‘‘jrothstein@acf.dhhs.gov.’’, or by

telefaxing to 202–401–3444. This is not

a toll-free number. Comments sent

electronically must be in ASCII format.

Comments will be available for public

inspection Monday through Friday, 8:30

a.m. to 5:00 p.m. on the 4th floor of the

Department’s offices at the above

address.

FOR FURTHER INFORMATION CONTACT: Jan

Rothstein, OCSE Division of Policy and

Planning, (202) 401–5073. Hearing

impaired individuals may call the

Federal Dual Party Relay Service at 800–

877–8339 between 8:00 a.m. and 7:00

p.m. Eastern time.

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

Section 466(a)(5)(C) of the Social

Security Act (the Act) as added by

section 331 of Pub. L. 104–193 and

amended by section 5539 of Pub. L.

105–33 contains a requirement that

information be disclosed to a third

party. As required by the Paperwork

Reduction Act of 1995 (44 U.S.C.

3507(d)), the Administration for

Children and Families has submitted a

copy of this section to the Office of

Management and Budget (OMB) for its

review.

Section 466(a)(5)(C) of the Act as

added by section 331 of Pub. L. 104–193

and amended by section 5539 of Pub. L.

105–33 requires States to pass laws

ensuring a simple civil process for

voluntarily acknowledging paternity

under which the State must provide

that, before a mother and putative father

can sign a voluntary acknowledgement

of paternity, the mother and putative

father must be given notice, orally or

through the use of video or audio

equipment and in writing of the

alternatives to, the legal consequences

of, and the rights (including any rights,

if a parent is a minor, due to minority

status) and responsibilities of

acknowledging paternity. To comply

with this requirement States must

disclose information about these rights

in written and oral formats or through

the use of video or audio equipment to

mothers and putative fathers. We

estimate the time needed to disclose the

information to mothers and putative

fathers to be approximately 10 minutes.

In order to ensure effective disclosure of

this information, States will need to

provide training to other State

employees and the employees of local

governments, non-profits and for profit

businesses. We estimate this training

will take an additional 1,600 hours

yearly for all entities. We have added

these hours to the time estimated to be

necessary for the third party disclosure

in order to establish the total estimated

burden hours for this requirement.

Likely respondents to the third party

disclosure include hospitals, TANF

agencies, Food Stamp agencies, WIC

centers, Maternal and Child Health

centers, doctors, lawyers, and secondary

schools. While the total number of

potential respondents is approximately

2,000,000, we expect the actual number

of respondents will be closer to 100,000.

We estimate that 448,600 paternities

will be voluntarily established in 1998

and of that number half will be

established in hospitals. The total

burden hours estimated for the third

party disclosure are 76,059.

To ensure that public comments have

maximum effect in developing the final

regulations, ACF urges that persons

wishing to comment clearly identify the

specific section or sections of the

regulations that the comment addresses

and that comments be in the same order

as the regulations.

ACF will consider comments by the

public on these proposed collections of

information in:

• Evaluating whether the proposed

collections are necessary for the proper

performance of the functions of ACF,

including whether the information will

have practical utility;

• Evaluating the accuracy of ACF’s

estimate of the burden of the proposed

collections of information, including the

validity of the methodology and

assumptions used;

• Enhancing the quality, usefulness,

and clarity of the information to be

collected; and

• Minimizing the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

technology, e.g., permitting electronic

submission of responses.

OMB is required to make a decision

concerning the collection of information

contained in this proposed regulation

between 30 and 60 days after

publication of this document in the

Federal Register. Therefore, a comment

is best assured of having its full effect

if OMB receives it within 30 days of

publication. This does not affect the

deadline for the public to comment to

the Department on the proposed

regulations. Written comments to OMB

for the proposed information collection

should be sent directly to the following:

Office of Management and Budget,

Paperwork Reduction Project, 725 17th

Street, NW., Washington DC 20503,

Attn: Ms. Wendy Taylor.

Statutory Authority

These proposed regulations are

published under the authority of section

466(a)(5)(C) of the Act, as amended by

section 331 of Pub.L. 104–193. Section

466(a)(5)(C)(iii) of the Act requires the

Secretary to promulgate regulations

governing voluntary paternity

establishment services and identifying

the types of entities other than hospitals

and birth record agencies that may be

allowed to offer voluntary paternity

establishment services. States will be

required to adopt laws and procedures

that are in accordance with the statutory

and regulatory provisions.

Background

Paternity establishment is a necessary

first step for obtaining child support in

cases where a child is born out-ofwedlock. In addition to child support,

there are other potential financial

benefits to establishing paternity,

including establishing a child’s rights to

the father’s Social Security benefits,

veterans’ benefits, pension benefits, and

other rights of inheritance. Paternity

establishment could also be the first

step in developing a psychological and

social bond between the father and

child, in giving the child social and

psychological advantages and a sense of

family heritage, and in providing access

to important medical history

information.

Congress and the Federal government

have long recognized the importance of

paternity establishment. In 1975, Title

IV–D of the Social Security Act was
Federal Register / Vol. 63, No. 2 / Monday, January 5, 1998 / Proposed Rules 189

enacted to require States to establish

public child support agencies. These

IV–D agencies provide child support

enforcement services, including

paternity establishment services. The

Child Support Enforcement

Amendments of 1984 required States to

permit paternity to be established until

a child’s 18th birthday.

The Family Support Act of 1988

contained several provisions designed

to improve paternity establishment,

including performance standards,

timeframes for case processing,

enhanced funding (90% Federal

financial participation) for genetic

testing, a requirement that States

compel all parties in a contested

paternity case to submit to genetic

testing upon the request of a party, a

requirement that States compel each

parent to provide his or her social

security number as part of the birth

certificate issuance process, and a

clarification of the earlier expansion of

the requirement permitting paternity

establishment to 18 years of age.

The Omnibus Reconciliation Act of

1993 (OBRA ’93) further reformed the

child support enforcement program to

increase the performance standards for

both the number of paternities

established for children born out-ofwedlock and the timeliness with which

paternity establishment is

accomplished. One major provision of

OBRA ’93 was the requirement that

States have laws providing for voluntary

paternity establishment services at

birthing hospitals statewide.

Partly as a result of these Federal and

State statutory provisions and their

implementation, the number of

paternities established each year by the

IV–D Child Support Enforcement

program has increased substantially

from about 270,000 in fiscal year (FY)

1987 to over 553,000 in FY 1993, an

increase of over 100 percent in just six

years. Nearly a million paternities were

established in FY 1996, an increase of

over 80 percent in the three years since

enactment of OBRA ’93.

Finally, in section 101 of PRWORA,

Congress cited a number of social and

statistical findings relating to the need

for paternity establishment. In 1992,

only 54 percent of single-parent families

with children had a child support order

established and, of that number, only

about one-half received the full amount

due. Of the cases enforced through the

public child support enforcement

system, only 18 percent of the caseload

has a collection. The number of

individuals receiving IV–D services

more than tripled since 1965, and more

than two-thirds of these recipients are

children, with eighty-nine percent of

children receiving Aid to Families with

Dependent Children benefits living in

homes in which no father is present.

The increase in the number of children

receiving public assistance is closely

related to the increase in births to

unmarried women. Congress further

cited that between 1970 and 1991, the

percentage of live births to unmarried

women increased nearly threefold, from

10.7 percent to 29.5 percent, and if the

current trend continues, 50 percent of

all births by the year 2015 will be outof-wedlock. The estimated rate of

nonmarital teen pregnancy rose 23

percent from 54 pregnancies per 1,000

unmarried teenagers in 1976 to 66.7

pregnancies in 1991, while the overall

rate of nonmarital pregnancy rose 14

percent from 90.8 pregnancies per 1,000

unmarried women in 1980 to 103 in

both 1991 and 1992.

Description of Statutory Provisions

Section 466(a)(5)(C)(iii)(II)(aa) of the

Act as amended by Pub. L. 104–193

requires that ‘‘(T)he Secretary shall

prescribe regulations governing

voluntary paternity establishment

services offered by hospitals and birth

record agencies.’’ Section

466(a)(5)(C)(iii)(II)(bb) of the Act as

amended by Pub. L. 104–193 requires

that ‘‘(T)he Secretary shall prescribe

regulations specifying the types of other

entities that may offer voluntary

paternity establishment services, and

governing the provision of such

services, which shall include a

requirement that such an entity must

use the same notice provisions used by,

use the same materials used by, provide

the personnel providing such services

with the same training provided by, and

evaluate the provision of such services

in the same manner as the provision of

such services is evaluated by, voluntary

paternity establishment programs of

hospitals and birth record agencies.’’

The statute also requires that States

develop procedures for a simple civil

process for voluntarily acknowledging

paternity. This process must ensure that

a mother and a putative father do not

sign an acknowledgement of paternity

before they are both given notice orally

or through the use of video or audio

equipment and in writing of the

alternatives to, the legal consequences

of, and the rights (including those rights

due to minority status) and

responsibilities of acknowledging

paternity. In addition, section

466(a)(5)(M) of the Act requires that

States develop procedures under which

voluntary acknowledgements and

adjudications of paternity by judicial or

administrative processes are filed with

the State registry of birth records for

comparison with information in the

State case registry. These changes

required by PRWORA are largely

expansions on requirements previously

established under OBRA ’93. However,

as noted above, the Act now requires the

Secretary to prescribe by regulations the

types of other entities that may offer

voluntary paternity establishment

services and to write regulations

governing the voluntary paternity

establishment services offered by

hospitals, birth record agencies, and

other entities participating in the State’s

voluntary paternity establishment

program.

We propose to implement the

requirements of amended section

466(a)(5)(C) by amending § 302.70,

addressing State laws, § 303.5,

addressing establishment of paternity

and § 304.20, addressing availability

and rate of Federal financial

participation.

Regulatory Philosophy

Historically in the child support

enforcement program, the Federal

government had specified in detailed

regulations how things must be done by

States. The Federal Office of Child

Support Enforcement (OCSE) has

entered an era which necessitates a new

philosophy with respect to Federal

mandates through regulation. Because

the President is committed to reducing

the burden on States and streamlining

regulations, OCSE’s new watchwords

are partnership, results, flexibility, and

accountability.

Since OCSE’s partnership with States

is built on shared trust and the primary

Federal concern is results, we believe

our partners in State and local

government should have a significantly

greater degree of flexibility, within the

constraints of the Federal statute, than

previously permitted. Striking the

appropriate balance between flexibility

and standardization will be a continuing

challenge as OCSE strives for an

environment that encourages and

rewards rather than stifles creativity

throughout the child support

community.

These proposed regulations reflect

OCSE’s consultation with our partners

and stakeholders on how detailed the

required procedures should be and what

other sources of voluntary paternity

establishment services should be

included in the list of entities. OCSE

took into careful consideration the fact

that so many of the Federal

requirements in the new law will

necessitate State legislation. In the past,

there occasionally have been concerns

when State legislatures enacted

legislation in response to Federal
190 Federal Register / Vol. 63, No. 2 / Monday, January 5, 1998 / Proposed Rules

statutory and regulatory requirements,

but had to return in a later session to

enact State laws in response to new or

additional Federal regulations. We were

concerned to avoid that situation here,

if at all possible.

Because the Federal statute and

regulations are fairly explicit with

respect to State requirements governing

paternity establishments, we believe it

prudent to merely extend existing

regulatory requirements which govern

voluntary paternity acknowledgement

in hospitals to govern birth record

agencies and other entities participating

in the State’s voluntary paternity

establishment program as well.

Other paternity establishment

provisions contained in section 331 of

Pub. L. 104–193, as well as other

portions of Pub. L. 104–193 that address

paternity issues, are not addressed in

this proposed rulemaking. Necessary

changes to existing regulations which

are inconsistent with new Federal

mandates will be addressed in a

separate omnibus rule-making. While

we do not intend at this time to restate

Federal statutory requirements in

regulations, should the need arise based

on unforeseen circumstances, we will

work with our partners and stakeholders

to determine if further regulation and

guidance is needed to ensure consistent

and effective compliance with Federal

statutory requirements and

expectations.

In considering how best to implement

the statutory requirement that the

Secretary promulgate regulations for

expanding voluntary paternity

establishment services to include not

only birthing hospitals, but also birth

record agencies and other entities, OCSE

has looked for guidance from the

President’s National Performance

Review guidelines for reinventing

regulations. The guiding principles are

to: cut obsolete regulations; reward

results, not red tape; get out of

Washington to create grass roots

partnerships; and negotiate, not dictate.

Consultation Process

With these guidelines and OCSE’s

watchwords of partnership, results,

flexibility, and accountability, we

elicited input from our partners,

including State and local IV–D

administrators, State and Federal birth

record agencies, and others with

empirical and applied knowledge of

voluntary paternity establishment

services. OCSE has consulted with the

National Governors’ Association, the

American Public Welfare Association,

the National Conference of State

Legislatures, the National Association of

Counties, the AFL–CIO, the Center for

Law and Social Policy, the Children’s

Defense Fund, the Center for Budget and

Policy Priorities, the United States

Conference of Mayors, the National

League of Cities, Child Trends, the

Manpower Development Research

Corporation, the Urban Institute, the

Coalition on Human Needs, the National

Association of Social Workers, the

National Organization for Women’s

Legal Defense Fund, the American

Association of University Women, and

others. Some of our partners have longterm experience in the in-hospital

program for voluntary paternity

establishment services, others have a

wider breadth of experience from a vital

records perspective, and still others

have come from a child support

enforcement background with varied

experience in working with and through

their partners, and in achieving

legislative enactments and

implementation successes. With their

help, we developed the list of entities

where States may make voluntary

paternity establishment services

available.

Description of Regulatory Provisions—

Section 302.70(a)(5)(iii)

Current Regulations

Current § 302.70(a)(5)(iii) requires

States to have in effect laws requiring

the use of procedures for a simple civil

process for voluntarily acknowledging

paternity under which the State must

provide that the rights and

responsibilities of acknowledging

paternity are explained, and ensure that

due process safeguards are afforded.

Such procedures must include a

hospital-based program for the

voluntary acknowledgement of paternity

in the period immediately before or after

the birth of a child to an unmarried

woman, and a requirement that all

public and private birthing hospitals

participate in the program. Such

procedures must also include a process

for voluntarily acknowledging paternity

outside of hospitals.

Proposed Regulations

We propose that section

302.70(a)(5)(iii) be revised to require a

State to have in effect laws requiring

procedures for a simple civil process for

voluntarily acknowledging paternity.

Under these procedures, before a mother

and putative father can sign a voluntary

acknowledgement of paternity, the

mother and the putative father must be

given notice, orally or through the use

of video or audio equipment and in

writing, of the alternatives to, the legal

consequences of, and the rights

(including any rights, if a parent is a

minor, due to minority status) and

responsibilities of acknowledging

paternity, and ensure that due process

safeguards are afforded. This section

would be further revised to specify that

both parents are to sign the voluntary

acknowledgement.

We propose to revise paragraph

(a)(5)(iii)(B) to require that State

procedures must include a program for

voluntary acknowledgement of paternity

in birth record agencies and in other

entities participating in the State’s

voluntary paternity establishment

program. We propose to add a new

paragraph (a)(5)(iii)(C) to require that

State procedures governing hospitalbased programs and birth record

agencies must also apply to other

entities participating in the State’s

voluntary paternity establishment

program, including the use of the same

notice provisions, the same materials,

the same evaluation methods, and the

same training for the personnel of these

other entities providing voluntary

paternity establishment services.

Description of Regulatory Provisions—

Section 303.5(g)

Current Regulations

Current § 303.5(g) requires States to

establish, in cooperation with hospitals,

a hospital-based program in every

public and private birthing hospital, by

January 1, 1995, for voluntary paternity

acknowledgement during the period

immediately before or after the birth of

a child to an unmarried woman.

The hospital-based program:

(1) Must provide to both the mother

and alleged father, if he is present in the

hospital, written materials about

paternity establishment, the forms

necessary to voluntarily acknowledge

paternity, a written description of the

rights and responsibilities of

acknowledging paternity, and the

opportunity to speak with staff, either

by telephone or in person, who are

trained to clarify information and

answer questions about paternity

establishment;

(2) Must also provide the mother and

alleged father, if he is present, the

opportunity to voluntarily acknowledge

paternity in the hospital, afford due

process safeguards, and forward the

completed acknowledgments or copies

to the entity designated by the State;

and

(3) Need not provide the voluntary

paternity acknowledgement services in

cases where the mother or alleged father

is a minor or a legal action is already

pending, if the provision of such

services is precluded by State law.

The State must:
Federal Register / Vol. 63, No. 2 / Monday, January 5, 1998 / Proposed Rules 191

(1) Require that a voluntary

acknowledgment obtained through a

hospital-based program be signed by

both parents, and that the parents’

signatures be authenticated by a notary

or witness(es);

(2) Provide to all public and private

birthing hospitals in the State written

materials about paternity establishment,

forms necessary to voluntarily

acknowledge paternity, and copies of a

written description of the rights and

responsibilities of acknowledging

paternity;

(3) Provide training, guidance, and

written instructions regarding voluntary

acknowledgment of paternity, as

necessary to operate the hospital-based

program;

(4) Assess each birthing hospital’s

program on at least an annual basis; and

(5) Designate an entity to which

hospital-based programs must forward

completed voluntary acknowledgments

or copies. Under the State procedures,

this entity must be responsible for

promptly recording identifying

information about the acknowledgments

with a statewide database, and the IV–

D agency must have timely access to

whatever identifying information and

documentation it needs to determine if

an acknowledgment has been recorded

and to seek a support order on the basis

of a recorded acknowledgment.

Proposed Regulations

We propose to revise 45 CFR

303.5(g)(1) to require that the State

voluntary paternity establishment

program also be available at the State

birth record agency, local birth record

agencies designated by the State and at

other entities designated by the State.

The designation of the particular

entities that may offer voluntary

paternity establishment services would

be the responsibility of the State.

These entities to be identified by the

State could include the following and

similar entities: public health clinics

(including Supplementary Feeding

Program for Women, Infants, and

Children (WIC) and Maternal and Child

Health (MCH) clinics); private health

care providers (including obstetricians,

gynecologists, pediatricians, and

midwives); agencies providing

assistance or services under title IV–A

of the Act; agencies providing food

stamp eligibility services; agencies

providing child support enforcement

(IV–D) services; Head Start and child

care agencies (including child care

information and referral providers);

individual child care providers;

Community Action Agencies and

Community Action Programs; secondary

education schools (particularly those

that have parenthood education

curricula); Legal Aid agencies; and

private attorneys; and any similar public

or private health, welfare, or social

services organization.

Although the Secretary is required to

prescribe in regulations the ‘‘types of

entities’’ which States may designate to

provide voluntary paternity services, we

wish to allow States the broadest

possible discretion to determine which

entities within their jurisdiction should

be designated, trained and empowered

to provided this important service.

We also propose to revise § 303.5(g),

to replace the reference to the

requirement that the State designate an

entity to which the voluntary

acknowledgement program must

forward completed voluntary

acknowledgement forms or copies with

a requirement that the State designate

the State registry of birth records as the

entity to which the voluntary

acknowledgement program must

forward completed voluntary

acknowledgment forms or copies. We

also propose to replace references to the

hospital-based voluntary paternity

establishment program with references

to hospitals, birth record agencies, and

other entities participating in the State’s

voluntary paternity establishment

program.

By making these changes, we propose

to expand the applicability of all

existing provisions in § 303.5(g)(2)–(8)

to birth record agencies and other

entities participating in the State’s

voluntary paternity establishment

program. This is consistent with the

statutory requirement that the Secretary

prescribe regulations governing the

provision of services by the other

entities. The statute specifies that the

other entities participating in the State’s

voluntary paternity establishment

program must use the same materials

and be trained and evaluated in the

same manner as the voluntary paternity

establishment programs of hospitals and

birth record agencies. We believe this

consistency will greatly facilitate the

establishment of paternities by entities

other than hospitals and birth record

agencies.

Additionally, to reflect other new

statutory requirements, we propose to

revise § 303.5(g)(2)(i)(C) and

§ 303.5(g)(5)(iii), to require that

hospitals, birth record agencies, and

other entities participating in the

voluntary paternity establishment

program provide to the mother, and the

father if present, an oral as well as

written description of the consequences

of voluntarily acknowledging paternity.

The information about consequences

may also be provided through the use of

video or audio equipment.

The description must address not

only the rights and responsibilities of

acknowledging paternity, but also the

alternatives to, and the legal

consequences of, acknowledging

paternity. In addition, the description

must ensure that due process safeguards

are afforded and that any rights due to

minority status be described to the

parents if a parent is a minor.

Description of Regulatory Provisions—

Section 304.20(b)(2)

Current Regulations

Under current § 304.20(b)(2)(vi),

Federal financial participation is

available for State administrative costs

for paternity establishment services,

including payments up to $20 to

birthing hospitals and other entities that

provide prenatal or birthing services for

each voluntary acknowledgment

obtained pursuant to an agreement with

the IV–D agency. Under current

§ 304.20(b)(2)(vii), Federal financial

participation is available for developing

and providing to birthing hospitals and

other entities that provide prenatal or

birthing services written and

audiovisual materials about paternity

establishment and forms necessary to

voluntarily acknowledge paternity.

Under current § 304.20(b)(2)(viii),

Federal financial participation is

available for reasonable and essential

short-term training regarding voluntary

acknowledgment of paternity associated

with a State’s hospital-based program.

Proposed Regulations

We propose to revise these paragraphs

to allow Federal financial participation

in these allowable costs with respect to

birth record agencies and other entities

participating in the voluntary paternity

establishment program. This is

consistent with our proposal to expand

the applicability of all existing

provisions in § 303.5(g) (2)–(8) to birth

record agencies and other entities

participating in the State’s voluntary

paternity establishment program.

Regulatory Flexibility Analysis

The primary impact of these

regulations is on State governments and

individuals, which are not considered

small entities under the Regulatory

Flexibility Act. Most of the

requirements being imposed on entities

are required by statute. The regulations

require hospitals, birth record agencies

and the other entities participating in

the State’s voluntary paternity

establishment program to be subject

only to certain minimal requirements.
192 Federal Register / Vol. 63, No. 2 / Monday, January 5, 1998 / Proposed Rules

These requirements include: undergoing

training, being evaluated annually,

providing oral and written information

to mothers and putative fathers, and

transmitting the acknowledgements to

the State registry of birth records. The

information about consequences may

also be provided through the use of

video or audio equipment. The Federal

regulations do not specify the nature or

extent of the training, evaluation or

materials to be provided. The States will

furnish the training, conduct the

evaluation, and provide the materials

and forms to be used. The requirements

imposed by the regulations do not result

in a significant impact on a substantial

number of small entities. Therefore, the

Secretary certifies, under 5 U.S.C.

605(b), as enacted by the Regulatory

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

these proposed regulations will not

result in a significant impact on a

substantial number of small entities.

Executive Order 12866

Executive Order 12866 requires that

regulations be reviewed to ensure that

they are consistent with the priorities

and principles set forth in the Executive

Order. The Department has determined

that this rule is consistent with these

priorities and principles. The proposed

regulations are required by PRWORA

and represent expansion of the existing

regulations to cover birth record

agencies and other entities.

Unfunded Mandates Act

The Department has determined that

this proposed rule is not a significant

regulatory action within the meaning of

the Unfunded Mandates Reform Act of

1995.

List of Subjects in 45 CFR Parts 302,

303, and 304

Accounting, Child support, Grant

programs—social programs, and

Reporting and recordkeeping

requirements.

(Catalog of Federal Domestic Assistance

Program No. 93.563, Child Support

Enforcement Program)

Dated: July 30, 1997.

Olivia A. Golden,

Principal Deputy Assistant Secretary for

Children and Families.

Approved: September 25, 1997.

Donna E. Shalala,

Secretary, Department of Health and Human

Services.

For the reasons stated in the

preamble, we propose to amend title 45

CFR chapter III of the Code of Federal

Regulations as follows:

PART 302—STATE PLAN

REQUIREMENTS

1. The authority citation for Part 302

continues to read as follows:

Authority: 42 U.S.C. 651 through 658, 664,

666, 667, 1302, 1396a(a)(25), 1396b(d)(2),

1396b(o), 1396b(p) and 1396(k).

2. Section 302.70 is amended by

revising paragraph (a)(5)(iii)

introductory by revising paragraph

(a)(5)(iii)(B), and by adding paragraph

(a)(5)(iii)(C) to read as follows:

§ 302.70 Required State laws.

(a) * * *

(5) * * *

(iii) Procedures for a simple civil

process for voluntarily acknowledging

paternity under which the State must

provide that, before a mother and

putative father can sign a voluntary

acknowledgement of paternity, the

mother and the putative father must be

given notice, orally or through video or

audio equipment, and in writing, of the

alternatives to, the legal consequences

of, and the rights (including any rights,

if a parent is a minor, due to minority

status) and responsibilities of

acknowledging paternity, and ensure

that due process safeguards are afforded.

Such procedures must include:

(A) * * *

(B) A process for voluntary

acknowledgement of paternity in birth

record agencies, and in other entities

participating in the State’s voluntary

paternity establishment program; and

(C) A requirement that the procedures

governing hospital-based programs and

birth record agencies must also apply to

other entities participating in the State’s

voluntary paternity establishment

program, including the use of the same

notice provisions, the same materials,

the same evaluation methods, and the

same training for the personnel of these

other entities providing voluntary

paternity establishment services.

* * * * *

PART 303—STANDARDS FOR

PROGRAM OPERATIONS

3. The authority citation for Part 303

continues to read as follows:

Authority: 42 U.S.C. 651 through 658, 660,

663, 664, 666, 667, 1302, 1396a(a)(25),

1396b(d)(2), 1396b(o), 1396b(p) and 1396(k).

4. Section 303.5 is amended by

revising paragraph (g) to read as follows:

§ 303.5 Establishment of paternity.

* * * * *

(g) Voluntary paternity establishment

programs. (1) The State must establish,

in cooperation with every hospital and

birth record agency and with all other

entities participating in the State’s

voluntary paternity establishment

program, a program for voluntary

paternity establishment services.

(i) The hospital-based portion of the

voluntary paternity establishment

services program must be operational in

private and public birthing hospitals

statewide and must provide voluntary

paternity establishment services

focusing on the period immediately

before and after the birth of a child born

out-of-wedlock.

(ii) The voluntary paternity

establishment services program must

also be available at the State birth record

agency, every local birth record agency

within the State, and at all other entities

participating in the State’s voluntary

paternity establishment program. These

entities may include the following types

of entities:

(A) Public health clinics (including

Supplementary Feeding Program for

Women, Infants, and Children (WIC)

and Maternal and Child Health (MCH)

clinics), and private health care

providers (including obstetricians,

gynecologists, pediatricians, and

midwives);

(B) Agencies providing assistance or

services under title IV–A of the Act,

agencies providing food stamp

eligibility service, and agencies

providing child support enforcement

(IV–D) services;

(C) Head Start and child care agencies

(including child care information and

referral providers), and individual child

care providers;

(D) Community Action Agencies and

Community Action Programs;

(E) Secondary education schools

(particularly those that have parenthood

education curricula);

(F) Legal Aid agencies, and private

attorneys; and

(G) Any similar public or private

health, welfare or social services

organization.

(2) The hospitals, birth record

agencies, and other entities participating

in the State’s voluntary paternity

establishment program must, at a

minimum:

(i) Provide to both the mother and

alleged father, if he is present:

(A) Written materials about paternity

establishment,

(B) The forms necessary to voluntarily

acknowledge paternity,

(C) A written and oral or through the

use of video or audio equipment

description of the alternatives to, the

legal consequences of, and the rights

(including any rights, if a parent is a

minor, due to minority status) and

responsibilities of acknowledging

paternity, and
Federal Register / Vol. 63, No. 2 / Monday, January 5, 1998 / Proposed Rules 193

(D) The opportunity to speak with

staff, either by telephone or in person,

who are trained to clarify information

and answer questions about paternity

establishment;

(ii) Provide the mother and alleged

father, if he is present, the opportunity

to voluntarily acknowledge paternity;

(iii) Afford due process safeguards;

and

(iv) Forward completed

acknowledgements or copies to the State

registry of birth records.

(3) The hospitals, birth record

agencies, and other entities participating

in the State’s voluntary paternity

establishment program need not provide

services specified in paragraph (g)(2) of

this section in cases where the mother

or alleged father is a minor or a legal

action is already pending, if the

provision of such services is precluded

by State law.

(4) The State must require that a

voluntary acknowledgement be signed

by both parents, and that the parents’

signatures be authenticated by a notary

or witness(es).

(5) The State must provide to all

hospitals, birth record agencies, and

other entities participating in the State’s

voluntary paternity establishment

program:

(i) Written materials about paternity

establishment, ii) forms necessary to

voluntarily acknowledge paternity, and

(ii) Form necessary to voluntarily

acknowledge paternity, and

(iii) Copies of a written description of

the alternatives to, the legal

consequences of, and the rights

(including any rights, if a parent is a

minor, due to minority status) and

responsibilities of acknowledging

paternity.

(6) The State must provide training,

guidance, and written instructions

regarding voluntary acknowledgment of

paternity, as necessary to operate the

voluntary paternity establishment

services in the hospitals, birth record

agencies, and other entities participating

in the State’s voluntary paternity

establishment program.

(7) The State must assess each

hospital, birth record agency, and other

entity participating in the State’s

voluntary paternity establishment

program that are providing voluntary

paternity establishment services on at

least an annual basis.

(8) The State must designate the State

registry of birth records as the entity to

which hospitals, birth record agencies,

and other entities that are participating

in the State’s voluntary paternity

establishment program must forward

completed voluntary acknowledgements

or copies in accordance with

§ 303.5(g)(2)(iv). Under State

procedures, the State registry of birth

records must be responsible for

promptly recording identifying

information about the

acknowledgements with a statewide

database, and the IV–D agency must

have timely access to whatever

identifying information and

documentation it needs to determine in

accordance with § 303.5(h) if an

acknowledgement has been recorded

and to seek a support order on the basis

of a recorded acknowledgement in

accordance with § 303.4(f).

* * * * *

PART 304—FEDERAL FINANCIAL

PARTICIPATION

5. The authority citation for Part 304

continues to read as follows:

Authority: 42 U.S.C. 651 through 655, 657,

1302, 1396a(a)(25), 1396b(d)(2), 1396b(o),

1396b(p) and 1396(k).

6. Section 304.20 is amended by

revising paragraph (b)(2)(vi) through

paragraph (6)(2)(viii) to read as follows:

§ 304.20 Availability and rate of Federal

financial participation.

(b) * * *

(2) * * *

(vi) Payments up to $20 to hospitals,

birth record agencies, and other entities

participating in the State’s voluntary

paternity establishment program, under

§ 303.5(g) of this chapter, for each

voluntary acknowledgement obtained

pursuant to an agreement with the IV–

D agency;

(vii) Developing and providing to

hospitals, birth record agencies, and

other entities participating in the State’s

voluntary paternity establishment

program, under § 303.5(g) of this

chapter, written and audiovisual

materials about paternity establishment

and forms necessary to voluntarily

acknowledge paternity; and

(viii) Reasonable and essential shortterm training associated with the State’s

program of voluntary paternity

establishment services under § 303.5(g).

* * * * *

[FR Doc. 98–088 Filed 1–2–98; 8:45 am]

BILLING CODE 4184–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–244, RM–9200]

Radio Broadcasting Services;

Kerrville, TX

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by The

Stronghold Foundation, Inc., requesting

the allotment of Channel 291A to

Kerrville, TX, as the community’s third

local FM station. Channel 291A can be

allotted to Kerrville in compliance with

the Commission’s minimum distance

separation requirements without the

imposition of a site restriction. The

coordinates for Channel 291A at

Kerrville are 30–02–48 NL and 99–08–

24 WL. Since Kerrville is located within

320 kilometers (199 miles) of the U.S.-

Mexican border, concurrence of the

Mexican government has been

requested.

DATES: Comments must be filed on or

before February 9, 1998, and reply

comments on or before February 24,

1998.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Bradford D. Carey, Hardy

and Carey, L.L.P., 111 Veterans

Boulevard, Suite 255, Metairie,

Louisiana, 70005 (Counsel for

petitioner).

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

97–244, adopted December 10, 1997,

and released December 19, 1997. The

full text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC’s Reference Center (Room 239),

1919 M Street, NW, Washington, DC.

The complete text of this decision may

also be purchased from the

Commission’s copy contractor, ITS, Inc.,

(202) 857–3800, 1231 20th Street, NW,

Washington, DC 20036.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter