96566 Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 

* * * * * 

[FR Doc. 2024–28364 Filed 12–4–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2023–0257; FRL–12338–01– 

OCSPP] 

Cyazofamid; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of cyazofamid in 

or on multiple crops listed later in this 

document. Interregional Research 

Project Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

December 5, 2024. Objections and 

requests for hearings must be received 

on or before February 3, 2025 and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2023–0257, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and the OPP 

Docket is (202) 566–1744. For the latest 

status information on EPA/DC services, 

docket access, visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Director, Registration 

Division (7505T), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (202) 566–1030; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/ 

current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2023–0257 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before 

February 3, 2025. 

The EPA’s Office of Administrative 

Law Judges (OALJ), in which the 

Hearing Clerk is housed, urges parties to 

file and serve documents by electronic 

means only, notwithstanding any other 

particular requirements set forth in 

other procedural rules governing those 

proceedings. See ‘‘Revised Order Urging 

Electronic Filing and Service,’’ dated 

June 22, 2023, which can be found at 

https://www.epa.gov/system/files/ 

documents/2023-06/2023-06-22%20- 

%20revised%20order

%20urging%20electronic%20filing

%20and%20service.pdf. Although the 

EPA’s regulations require submission 

via U.S. Mail or hand delivery, the EPA 

intends to treat submissions filed via 

electronic means as properly filed 

submissions; therefore, the EPA believes 

the preference for submission via 

electronic means will not be prejudicial. 

When submitting documents to the 

OALJ electronically, a person should 

utilize the OALJ e-filing system at 

https://yosemite.epa.gov/OA/EAB/EABALJ_upload.nsf. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2023–0257, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/where-sendcomments-epa-dockets. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, are available at 

https://www.epa.gov/dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of October 26, 

2023 (88 FR 73571) (FRL–10579–09– 

OCSPP), EPA issued a document 

pursuant to FFDCA section 408(d)(3), 21 

U.S.C. 346a(d)(3), announcing the filing 

of a pesticide petition (PP 3E9064) by 

IR–4, North Carolina State University, 

1730 Varsity Drive, Venture IV, Suite 

210, Raleigh, NC 27606. The petition 

requested to establish tolerances in 40 

CFR 180.601 for residues of the 

fungicide cyazofamid, including its 

metabolites and degradates, in or on the 

following raw agricultural commodities: 

Chick pea, edible podded at 0.5 ppm; 

Chick pea, succulent shelled at 0.08 

ppm; Edible podded bean subgroup 6– 

22A at 0.5 ppm; Parsnip root at 0.09 

ppm; Pulses, dried shelled bean, except 

soybean, subgroup 6–22E at 0.03 ppm; 

and Succulent shelled bean subgroup 6– 

22C at 0.08 ppm. The petition also 

proposed to remove established 

tolerances for residues of cyazofamid in 

or on the following: Bean, succulent at 

0.5 ppm and Bean, succulent shelled at 

0.08 ppm. 

EPA has modified some of the 

commodity definitions to be consistent 

with Agency nomenclature, but the 


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Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 96567 

tolerance levels are being established as 

petitioned for. 

That document referenced a summary 

of the petition, which is available in the 

docket, https://www.regulations.gov. 

There were no comments received in 

response to the notice. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue. . . .’’ 

Consistent with FFDCA section 

408(b)(2)(D), and the factors specified 

therein, EPA has reviewed the available 

scientific data and other relevant 

information in support of this action. 

EPA has sufficient data to assess the 

hazards of and to make a determination 

on aggregate exposure for cyazofamid 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with cyazofamid follows. 

In an effort to streamline its 

publications in the Federal Register, 

EPA is not reprinting sections that 

repeat what has been previously 

published for tolerance rulemaking of 

the same pesticide chemical. Where 

scientific information concerning a 

particular chemical remains unchanged, 

the content of those sections would not 

vary between tolerance rulemaking, and 

EPA considers referral back to those 

sections as sufficient to provide an 

explanation of the information EPA 

considered in making its safety 

determination for the new rulemaking. 

EPA has previously published several 

tolerance rulemakings for cyazofamid, 

in which EPA concluded, based on the 

available information, that there is a 

reasonable certainty that no harm would 

result from aggregate exposure to 

cyazofamid and established tolerances 

for residues of that chemical. EPA is 

incorporating previously published 

sections of those rulemakings that 

remain unchanged, as described further 

in this rulemaking. Specific information 

on the risk assessment conducted in 

support of this action, including on the 

studies received and the nature of the 

adverse effects caused by cyazofamid, 

can be found in the document titled 

‘‘Cyazofamid: Human Health Risk 

Assessment for New Uses of Cyazofamid 

on Parsnip, Root and Pulses, Dried 

Shelled Bean (Except Soybean), 

Subgroup 6–22E and Crop Group 

Expansions to Edible Podded Bean 

Subgroup 6–22A and Succulent Shelled 

Bean Subgroup 6–22C’’ which is 

available in the docket for this action at 

https://www.regulations.gov. 

Toxicological profile. For a discussion 

of the Toxicological Profile of 

cyazofamid, see Unit III.A. of the 

rulemaking published in the Federal 

Register of March 18, 2020 (85 FR 

15387) (FRL–10005–85). 

Toxicological points of departure/ 

Levels of concern. For a summary of the 

Toxicological Points of Departure/ 

Levels of Concern used for the safety 

assessment of cyazofamid, see Unit III.B. 

of the rulemaking published in the 

Federal Register of February 3, 2016 (81 

FR 5600) (FRL–9940–46). 

Exposure assessment. Much of the 

exposure assessment remains 

unchanged from the March 18, 2020, 

rulemaking, although the new exposure 

assessment incorporates the additional 

dietary exposure from the petitioned-for 

tolerances. Other changes are described 

below. 

No acute dietary toxicity endpoint 

could be identified based on the 

toxicology data currently available for 

cyazofamid; therefore, a quantitative 

acute assessment was not performed. 

Chronic aggregate dietary (food and 

drinking water) exposure and risk 

assessments were conducted using the 

Dietary Exposure Evaluation Model 

software with the Food Commodity 

Intake Database (DEEM–FCID) Version 

4.02. This software uses 2005–2010 food 

consumption data from the U.S. 

Department of Agriculture’s (USDA’s) 

National Health and Nutrition 

Examination Survey, What We Eat in 

America, (NHANES/WWEIA). The 

conservative chronic analysis assumed 

that cyazofamid residues are present in/ 

on all proposed and registered food 

commodities at tolerance levels and 100 

percent crop treated. 

Anticipated residue and percent crop 

treated (PCT) information. EPA did not 

use anticipated residue or PCT 

information in the dietary assessment 

for cyazofamid. Tolerance-level residues 

and 100 PCT were assumed for all food 

commodities. 

Drinking water and non-occupational 

exposures. For a summary of the 

drinking water numbers used, see Unit 

III.A. of the March 18, 2020, rulemaking. 

A chronic estimated drinking water 

concentration (EDWC) of 211 parts per 

billion (ppb) was used in the chronic 

dietary exposure assessment. 

Cyazofamid is currently registered for 

the following uses that could result in 

residential exposures: Turf and 

ornamentals. The post-application 

assessment includes only postapplication exposure (to turf and 

ornamentals) from hand-to-mouth 

exposures for children 1 to less than 2 

years old. 

Cumulative exposure. Section 

408(b)(2)(D)(v) of FFDCA requires that, 

when considering whether to establish, 

modify, or revoke a tolerance, the 

Agency consider ‘‘available 

information’’ concerning the cumulative 

effects of a particular pesticide’s 

residues and ‘‘other substances that 

have a common mechanism of toxicity.’’ 

In 2016, EPA’s Office of Pesticide 

Programs released a guidance document 

entitled, Pesticide Cumulative Risk 

Assessment: Framework for Screening 

Analysis. This document provides 

guidance on how to screen groups of 

pesticides for cumulative evaluation 

using a two-step approach beginning 

with the evaluation of available 

toxicological information and, if 

necessary, followed by a risk-based 

screening approach. This framework 

supplements the existing guidance 

documents for establishing common 

mechanism groups (CMGs) and 

conducting cumulative risk assessments 

(CRA). The Agency has utilized this 

framework for cyazofamid and 

determined that although cyazofamid 

shares some chemical and/or 

toxicological characteristics (e.g., 

chemical structure or apical endpoint) 

with other pesticides, the toxicological 

database does not support a testable 

hypothesis for a common mechanism of 

action. No further data are required to 

determine that no common mechanism 

of toxicity exists for cyazofamid and 

other pesticides and no further 

cumulative evaluation is necessary for 

cyazofamid. 

Safety factor for infants and children. 

EPA continues to conclude that there 

are reliable data showing that the safety 

of infants and children would be 

adequately protected if the Food Quality 

Protection Act (FQPA) safety factor were 

reduced from 10X to 1X. The reasons for 

that decision are articulated in Unit 

III.D. of the March 18, 2020, rulemaking. 


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96568 Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 

Aggregate risks and determination of 

safety. EPA determines whether acute 

and chronic dietary pesticide exposures 

are safe by comparing dietary exposure 

estimates to the acute populationadjusted dose (aPAD) and chronic 

population-adjusted dose (cPAD). Short- 

, intermediate-, and chronic-term 

aggregate risks are evaluated by 

comparing the estimated total food, 

water, and residential exposure to the 

appropriate points of departure to 

ensure that an adequate margin of 

exposure (MOE) exists. 

No acute dietary toxicity endpoint 

could be identified based on the 

toxicology data currently available for 

cyazofamid; therefore, a quantitative 

acute assessment was not performed. 

Chronic dietary (food and drinking 

water) risks are below the Agency’s 

level of concern of 100% of the cPAD; 

they are 2.1% of the cPAD for all infants 

less than 1 year old, which is the 

population subgroup with the highest 

exposure estimate. 

The short-term aggregate risks 

combine chronic dietary (food and 

drinking water) and short-term 

residential exposures. For the short-term 

aggregate risk for children 1 to less than 

2 years old, the aggregate MOE 

combining dietary exposure and 

incidental oral (hand-to-mouth) 

exposure is 6300. MOEs below 100 are 

of concern; this MOE is above 100 and 

therefore is not of concern. 

Intermediate-term exposure is not 

expected for the residential exposure 

pathway. Therefore, the intermediateterm aggregate risk estimate is 

equivalent to chronic dietary exposure 

estimates, which are not of concern. 

Chronic exposure is not expected for 

the residential exposure pathway. 

Therefore, the chronic aggregate risk 

estimate is equivalent to chronic dietary 

exposure estimates and are not of 

concern. 

Because cyazofamid is classified as 

‘‘not likely to be carcinogenic to 

humans’’, EPA has concluded that 

aggregate exposure to cyazofamid is not 

likely to pose a cancer risk. 

Therefore, based on the risk 

assessments and information described 

above, EPA concludes there is a 

reasonable certainty that no harm will 

result to the general population, or to 

infants and children, from aggregate 

exposure to cyazofamid residues. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

For a discussion of the available 

analytical enforcement method, see Unit 

IV.A. of the March 18, 2020, 

rulemaking. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

There are no Codex MRLs established 

on parsnip, root; chickpea, edible 

podded; chickpea, succulent shelled; or 

any of the commodities in the 

Vegetable, legume, pulse, bean, dried 

shelled, except soybean, subgroup 6– 

22E. 

The proposed US tolerances for 

expansions to crop subgroups 6–22A 

and 6–22C are not harmonized with 

similar individually established slightly 

lower Codex MRLs for these 

commodities. The U.S. tolerances are 

slightly higher because the U.S. 

tolerance expression includes the parent 

compound and a metabolite, while the 

Codex tolerance expression includes 

only the parent compound. 

V. Conclusion 

Therefore, tolerances are established 

for residues of cyazofamid in or on 

Chickpea, edible podded at 0.5 ppm; 

Chickpea, succulent shelled at 0.08 

ppm; Parsnip, roots at 0.09 ppm; 

Vegetable, legume, bean, edible podded, 

subgroup 6–22A at 0.5 ppm; Vegetable, 

legume, bean, succulent shelled, 

subgroup 6–22C at 0.08 ppm; and 

Vegetable, legume, pulse, bean, dried 

shelled, except soybean, subgroup 6– 

22E at 0.03 ppm. 

Additionally, the established 

tolerances on Bean, succulent; and 

Bean, succulent shelled are removed as 

unnecessary. 

VI. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001), or to 

Executive Order 13045, entitled 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

This action does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA) (44 U.S.C. 3501 et 

seq.), nor does it require any special 

considerations under Executive Order 

12898, entitled ‘‘Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerances in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or Tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or Tribal Governments, on the 

relationship between the National 

Government and the States or Tribal 

Governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

Tribes. Thus, the Agency has 

determined that Executive Order 13132, 

entitled ‘‘Federalism’’ (64 FR 43255, 

August 10, 1999), and Executive Order 

13175, entitled ‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’ (65 FR 67249, November 

9, 2000), do not apply to this action. In 

addition, this action does not impose 

any enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act (UMRA) (2 U.S.C. 1501 et 

seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit 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 United States prior to 

publication of the rule in the Federal 


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Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 96569 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides, 

and pests, Reporting and recordkeeping 

requirements. 

Dated: November 22, 2024. 

Charles Smith, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter 1 as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.601, add a heading to the 

table in paragraph (a) and revise and 

republish the table to read as follows: 

§ 180.601 Cyazofamid; tolerances for 

residues. 

(a) * * * 

TABLE 1 TO PARAGRAPH (a) 

Commodity Parts per million 

Brassica, leafy greens, subgroup 4–16B .................................................................................................................................... 15 

Bulb vegetables, group 3–07 ....................................................................................................................................................... 2.0 

Carrot, roots ................................................................................................................................................................................. 0.09 

Chickpea, edible podded ............................................................................................................................................................. 0.5 

Chickpea, succulent shelled ........................................................................................................................................................ 0.08 

Ginseng ........................................................................................................................................................................................ 0.3 

Herb subgroup 19A ..................................................................................................................................................................... 90 

Hop dried cones .......................................................................................................................................................................... 10.0 

Kohlrabi ........................................................................................................................................................................................ 1.5 

Leafy greens subgroup 4–16A .................................................................................................................................................... 10 

Parsnip, roots ............................................................................................................................................................................... 0.09 

Vegetable, brassica, head and stem, group 5–16 ...................................................................................................................... 1.5 

Vegetable, cucurbit, group 9 ....................................................................................................................................................... 0.10 

Vegetable, fruiting, group 8–10 ................................................................................................................................................... 0.9 

Vegetable, legume, bean, edible podded, subgroup 6–22A ....................................................................................................... 0.5 

Vegetable, legume, bean, succulent shelled, subgroup 6–22C .................................................................................................. 0.08 

Vegetable, legume, pulse, bean, dried shelled, except soybean, subgroup 6–22E ................................................................... 0.03 

Vegetable, tuberous and corm, subgroup 1C ............................................................................................................................. 0.02 

* * * * * 

[FR Doc. 2024–28467 Filed 12–4–24; 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–AC98 

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), U.S. 

Department of Health and Human 

Services (HHS). 

ACTION: Final rule. 

SUMMARY: This rule finalizes revisions to 

the Adoption and Foster Care Analysis 

and Reporting System (AFCARS) 

regulations proposed on February 23, 

2024. This final rule requires state title 

IV–E agencies to collect and report to 

ACF additional data related to the 

Indian Child Welfare Act of 1978 

(ICWA) for children in the AFCARS 

Out-of-Home Care Reporting 

Population. 

DATES: This rule is effective on February 

3, 2025 except for the amendments to 

§ 1355.44 (amendatory instruction 3), 

which are effective as of October 1, 

2028. 

FOR FURTHER INFORMATION CONTACT: Joe 

Bock, Children’s Bureau, (202) 205– 

8618. Telecommunications Relay users 

may dial 711 first. Email inquiries to 

cbcomments@acf.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Statutory Authority To Issue Final Rule 

II. Overview of 2024 Notice of Proposed 

Rulemaking Comments and Background 

on the Final Rule 

III. Implementation Timeframe 

IV. Section-by-Section Discussion of 

Regulatory Provisions and Responses to 

Comments 

V. Regulatory Impact Analysis 

VI. Tribal Consultation Statement 

I. Statutory Authority To Issue Final 

Rule 

This final rule is published under the 

authority granted to the Secretary of 

Health and Human Services (HHS) by 

Section 1102 of the Social Security Act 

(the Act) (42 U.S.C. 1302), which 

authorizes HHS to publish regulations, 

not inconsistent with the Act, as may be 

necessary for the efficient 

administration of the functions for 

which HHS is responsible under the Act 

and Section 479 of the Act (42 U.S.C. 

679), which mandates that HHS regulate 

a data collection system for national 

adoption and foster care data. Section 

474(f) of the Act (42 U.S.C. 674(f)) 

requires HHS to impose penalties for 

non-compliant adoption and foster care 

data. 

II. Overview of 2024 Notice of Proposed 

Rulemaking Comments and 

Background on the Final Rule 

AFCARS is authorized by section 479 

of the Act (42 U.S.C. 679), which 

mandates that HHS regulate a data 

collection system for national adoption 

and foster care data. The regulation at 

45 CFR 1356.60(d) and the statute at 42 

U.S.C. 674(a)(3) detail cost-sharing 

requirements for the Federal and nonFederal share of data collection system 

initiation, implementation, and 

operation. A title IV–E agency may 


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