Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Rules and Regulations 2743 

§ 381.7 Recording rights, rates and terms. 

* * * * * 

(b) * * * 

(1)(i) * * * 

2018–2022 

(A) Feature ............................... $118.70 

(B) Concert feature (per 

minute) .................................. 35.65 

(C) Background ........................ 59.99 

(D) Theme: 

(1) Single program or first series program ...................... 59.99 

(2) Other series program ...... 24.36 

(ii) * * * 

2018–2022 

(A) Feature ............................... $9.81 

(B) Concert feature (per 

minute) .................................. 2.58 

(C) Background ........................ 4.26 

(D) Theme: 

(1) Single program or first series program ...................... 4.26 

(2) Other series program ...... 1.69 

* * * * * 

(2) * * * 

2018–2022 

(i) Feature ................................. $12.85 

(ii) Concert feature (per minute) 18.86 

(iii) Background ......................... 6.44 

(iv) Theme: 

(A) Single program or first 

series program .................. 6.44 

(B) Other series program ...... 2.57 

* * * * * 

(4) * * * 

2018–2022 

(i) Feature ................................. $.81 

(ii) Feature (concert) (per half 

hour) ...................................... 1.69 

(iii) Background ......................... .41 

* * * * * 

■ 7. Amend § 381.10 as follows: 

■ a. In paragraph (a), remove ‘‘2013’’ 

everywhere it appears and in its place 

add ‘‘2018’’ and remove ‘‘2012’’ and in 

its place add ‘‘2017’’; and 

■ b. Revise paragraph (b). 

The revision reads as follows: 

§ 381.10 Cost of living adjustment. 

* * * * * 

(b) On the same date of the notices 

published pursuant to paragraph (a) of 

this section, the Copyright Royalty 

Judges shall publish in the Federal 

Register a revised schedule of the rates 

for § 381.5(c)(3), the rate to be charged 

for compositions in the repertory of 

SESAC, which shall adjust the royalty 

amounts established in a dollar amount 

according to the greater of: 

(1) The change in the cost of living 

determined as provided in paragraph (a) 

of this section; or 

(2) One-and-a-half percent (1.5%). 

(3) Such royalty rates shall be fixed at 

the nearest dollar. 

* * * * * 

Dated: December 12, 2017. 

Suzanne M. Barnett, 

Chief U.S. Copyright Royalty Judge. 

Jesse M. Feder, 

U.S. Copyright Royalty Judge. 

David R. Strickler, 

U.S. Copyright Royalty Judge. 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2018–00735 Filed 1–18–18; 8:45 am] 

BILLING CODE 1410–72–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Part 1302 

RIN 0970–AC63 

Secretarial Determination To Lower 

Head Start Center-Based Service 

Duration Requirement 

AGENCY: Office of Head Start (OHS), 

Administration for Children and 

Families (ACF), Department of Health 

and Human Services (HHS). 

ACTION: Secretarial determination on 

Head Start center-based service duration 

requirements; waiver. 

SUMMARY: With this document, the 

Secretary exercises his authority to 

waive the August 1, 2019 Head Start 

center-based service duration 

requirements, effectively lowering this 

requirement from 50 percent to 0 

percent. However, the requirement that 

Early Head Start programs provide 1,380 

annual hours of planned class 

operations for all center-based 

enrollment by August 1, 2018 remains 

in effect. 

DATES: This waiver is effective January 

19, 2018. 

ADDRESSES: Office of Head Start, Mary 

Switzer Bldg., 330 C Street SW, 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Colleen Rathgeb, Division Director for 

Planning, Oversight and Policy, Office 

Head Start, OHS_duration@acf.hhs.gov, 

(202) 358–3263 (not a toll-free call). 

Deaf and hearing impaired individuals 

may call the Federal Dual Party Relay 

Service at 1–800–877–8339 between 8 

a.m. and 7 p.m. Eastern Standard Time. 

SUPPLEMENTARY INFORMATION: 

Background Information 

In the Improving Head Start for 

School Readiness Act of 2007, Congress 

instructed the Office of Head Start to 

update its Head Start Program 

Performance Standards (HSPPS) by 

regulation and ensure that any such 

revisions in the standards do not result 

in the elimination of or any reduction in 

the quality, scope, or types of health, 

educational, parental involvement, 

nutritional, social, or other social 

services. We published a final rule to 

complete this revision at 45 CFR chapter 

XIII, subchapter B, on September 6, 

2016. This final rule included a 

provision at § 1302.21(c)(2)(iii) that 

would require each Head Start centerbased program, by August 1, 2019, to 

provide 1,020 annual hours of planned 

class operations over the course of at 

least eight months per year for at least 

50 percent of its Head Start center-based 

funded enrollment. This requirement 

represents an increase from the existing 

minimum requirement of 3.5 hours per 

day, 4 days per week, for 128 days per 

year, which is equivalent to 448 annual 

hours. The longer 1,020 annual hour 

service duration requirement was based 

on a body of research that suggests 

individual disadvantaged children 

benefit from longer exposure to 

enriching early learning programs than 

what is provided by the part-day, partyear programs. Research on full-day 

programs, instructional time, summer 

learning loss, and attendance all 

indicate longer service duration is 

linked with improved child outcomes. 

Moreover, increased service duration 

allows teachers more time to provide 

individualized and content-rich 

learning that is important for positive 

child outcomes. However, the research 

does not provide clarity on an exact 

threshold or combination of hours and 

days needed to achieve positive child 

outcomes. 

We also recognize extended services 

come at a significant cost for Head Start 

programs. Without additional funding 

from Congress to support longer hours 

of program operations, a requirement to 

increase service duration so that 50 

percent of Head Start center-based slots 

in each program operate for 1,020 

annual hours would result in the Head 

Start program serving significantly 

fewer children. Although research 

points to the benefits of increased 

service duration for an individual child, 

research has not answered whether the 

population as a whole benefits more 

when fewer children are served for a 

longer time as compared to more 

children being served for a shorter time. 


daltland on DSKBBV9HB2PROD with RULES
2744 Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Rules and Regulations 

Because future appropriations levels 

were not known when the HSPPS final 

rule was published in September 2016, 

the final rule provided authority for the 

Secretary to lower the increased Head 

Start center-based service duration 

requirements based on an assessment of 

available funding closer to the 

requirement’s effective date in order to 

prevent thousands of disadvantaged 

children not having access to Head 

Start. 

Authority 

Section 1302.21(c)(3)(i) of the HSPPS 

final rule allows the Secretary to lower 

the required percentage of funded 

enrollment slots for which programs 

must provide 1,020 annual hours of 

planned class operations from the 50 

percent required in § 1302.21(c)(2)(iii), 

on or before February 1, 2018, based on 

an assessment of the availability of 

sufficient funding to mitigate a 

substantial reduction in funded 

enrollment. 

Funding Assessment 

The Secretary has made an 

assessment that Head Start 

appropriations are not sufficient to 

allow the requirement at 

§ 1302.21(c)(2)(iii), for 50 percent of 

each program’s Head Start center-based 

slots to operate for 1,020 annual hours, 

to go into effect without resulting in a 

substantial reduction in funded 

enrollment. 

Prior to publication of the HSPPS 

final rule, Congress appropriated $294 

million in fiscal year (FY) 2016 to 

support an increase in hours of program 

operations across Head Start and Early 

Head Start. At the time of the FY 2016 

funding to support and increased 

duration, the regulatory requirements 

were not in effect. Programs that wished 

to voluntarily increase hours of program 

operations to 1,020 annual hours for up 

to 40 percent of their Head Start centerbased slots or to 1,380 annual hours for 

their Early Head Start center-based slots 

were eligible to submit an application 

by June 2016 to receive additional 

funds. Some eligible programs chose not 

to apply for additional funding. There 

are programs that currently operate 

none of their Head Start center-based 

funded enrollment for 1,020 annual 

hours. There are also programs that 

currently operate all of their Head Start 

center-based funded enrollment for 

1,020 hours or longer. These 

requirements are minimums, and 

programs could choose to operate some 

slots longer each day and/or for more 

days per year. 

In the HSPPS final rule, we estimated 

the cost for programs to implement the 

50 percent service duration requirement 

to be $535 million. Since the 

publication of the final rule in 

September 2016, when Head Start 

programs were notified of the future 

requirements to increase center-based 

service duration to 1,020 annual hours, 

no additional funds have been 

appropriated to support increases in 

service duration. While we requested 

funds to support additional increases in 

service duration in FY 2017, Congress 

did not further increase Head Start 

appropriations for this purpose. 

HHS has conducted an assessment of 

available funding and the current 

percentages of slots individual programs 

currently operate at 1,020 annual hours. 

Based on this assessment, we estimate 

that without additional funding, 

implementation of the requirement at 

§ 1302.21(c)(2)(iii) for each program to 

operate 50 percent of its Head Start 

center-based slots for 1,020 annual 

hours would result in a loss of 

approximately 41,000 Head Start slots, 

which represents roughly five percent of 

existing Head Start slots. The FY 2018 

President’s Budget did not request an 

increase in appropriations to support 

increases in service duration. We do not 

expect sufficient funding to become 

available in time for grantees to meet the 

current HSPPS standard. 

Conclusion 

Under § 1302.21(c)(3)(i), the Secretary 

has made a determination that there is 

not sufficient funding available to 

mitigate a substantial reduction in 

funded enrollment resulting from the 

requirement described in 

§ 1302.21(c)(2)(iii), and hereby waives 

the requirement that 50 percent of a 

program’s Head Start center-based 

program’s funded enrollment that must 

operate for 1,020 annual hours of 

planned class operations by August 1, 

2019, effectively lowering the 

percentage to 0. This determination is 

effective immediately. Because the 

HSPPS final rule governs the Secretary’s 

discretion in this matter, the public 

comment process is not required. 

The service duration requirements for 

Head Start center-based programs 

described in § 1302.21(c)(2)(i) and (ii) 

remain in effect. Under these 

requirements, a Head Start center-based 

program must provide, at a minimum, at 

least 160 days per year of planned class 

operations if it operates for five days per 

week, or at least 128 days per year if it 

operates four days per week. Classes 

must operate for a minimum of 3.5 

hours per day. These requirements are 

minimums, and programs could choose 

to operate some slots longer each day 

and/or for more days per year. The Head 

Start Act allows programs to request to 

convert part-day slots to full-day or fullworking-day slots. This determination 

by the Secretary provides local Head 

Start programs maximum flexibility to 

determine program schedules that best 

meet the demonstrated needs in their 

communities, and ensures low-income 

children will not lose access to Head 

Start’s comprehensive services and a 

preschool experience before entering 

Kindergarten because of a federal 

requirement. Additionally, the 

requirement under § 1302.21(c)(1)(i) that 

Early Head Start programs provide 1,380 

annual hours of planned class 

operations for all center-based 

enrollment by August 1, 2018 also 

remains in effect. 

The Secretary’s determination under 

§ 1302.21(c)(3)(i) does not affect the 

Secretary’s authority to make a separate 

determination under § 1302.21(c)(3)(ii) 

on or before February 1, 2020, to 

maintain or lower the service duration 

requirement described in 

§ 1302.21(c)(2)(iv) based on an 

assessment of the availability of 

sufficient funding to mitigate a 

substantial reduction in funded 

enrollment resulting from that 

requirement. 

In addition, the Secretary’s 

determination under § 1302.21(c)(3)(i) 

does not change or affect current 

processes that allow grantees to request 

to serve children for longer service 

duration within existing funding levels 

as part of the grantee’s annual service 

and enrollment negotiations with the 

Office of Head Start. 

Dated: January 16, 2018. 

Eric D. Hargan, 

Acting Secretary, Department of Health and 

Human Services. 

[FR Doc. 2018–00897 Filed 1–18–18; 8:45 am] 

BILLING CODE 4184–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 395 

Hours of Service of Drivers; Electronic 

Logging Devices; Limited 90-Day 

Waiver for Old Dominion and Other 

Motor Carriers Experiencing Problems 

Integrating PeopleNet ELD System 

Updates Into Their Fleet Management 

Systems 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Grant of waiver. 


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