5296 Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Administration for Children and

Families

45 CFR Part 1310

RIN 0970–AB24

Head Start Program

AGENCY: Administration on Children,

Youth and Families (ACYF),

Administration for Children and

Families (ACF), DHHS.

ACTION: Final rule.

SUMMARY: This final rule implements

the statutory provision for establishing

requirements for the safety features and

the safe operation of vehicles used by

Head Start agencies to transport

children participating in Head Start

programs.

DATES: 45 CFR 1310.11 and 1310.15(c)

are effective January 20, 2004. 45 CFR

1310.12(a) and 1310.22(a) are effective

January 18, 2006. 45 CFR 1310.2(c) and

1310.12(b) are effective February 20,

2001. The other provisions of this part

are effective January 18, 2002.

FOR FURTHER INFORMATION CONTACT:

Douglas Klafehn, Deputy Associate

Commissioner, Head Start Bureau,

Administration for Children, Youth and

Families, P.O. Box 1182, Washington,

DC 20013; (202) 205–8572.

SUPPLEMENTARY INFORMATION:

I. Program Purpose

II. Background and Purpose of Rule

III. Summary of Major Provisions of the Rule

IV. Rulemaking History

V. Section-by-Section Discussion of

Comments

VI. Impact Analysis

VII. List of Subjects in 45 CFR Part 1310

Final Rule

SUPPLEMENTARY INFORMATION

I. Program Purpose

Head Start is authorized under the

Head Start Act (the Act), Title VI,

Subtitle A, Chapter 8 of the Public Law

97–35, the Omnibus Reconciliation Act

of 1981 (42 U.S.C. 9801 et seq.). It is a

national program providing

comprehensive child development

services primarily to low-income

children, predominantly age three to the

age of compulsory school attendance,

and their families. To help enrolled

children achieve their full potential,

Head Start programs provide

comprehensive health, nutritional,

educational, social and other services.

Additionally, section 645A, of the

Head Start Act provides authority to

fund programs for families with infants

and toddlers. Programs receiving funds

under the authority of this section are

referred to as Early Head Start programs.

Programs are required to provide for the

direct participation of the parents of

enrolled children in the development,

conduct, and direction of local

programs. Parents also receive training

and education to foster their

understanding of and involvement in

the development of their children.

While Head Start is intended to serve

primarily children whose families have

incomes at or below the poverty line, or

who receive public assistance, Head

Start regulations permit up to 10 percent

of the children in local programs to be

from families who do not meet these

low-income criteria. The Act also

requires that a minimum of 10 percent

of the enrollment opportunities in each

program be made available to children

with disabilities. Such children are

expected to participate in the full range

of Head Start services and activities

with their non-disabled peers and to

receive needed special educational and

related services.

The Head Start Improvement Act of

1992 contained a provision that requires

the Head Start Bureau to develop

regulations for the safe transportation of

Head Start children. In addition, the

Final Report of the Advisory Committee

on Head Start Quality and Expansion

included in its recommendations the

development of ‘‘* * * regulations to

assure that safe and effective

transportation services are available.’’

Finally, In July 1999 the National

Transportation Safety Board (NTSB)

sent a letter to the Department of Health

Human Services reporting findings from

the investigation of four accidents in

which children being transported in

non-conforming vans were killed. One

of the fatalities was a Head Start child.

The NTSB issued clear

recommendations to Head Start based

on its findings. The NTSB’s letter stated

that ‘‘when States allow children to be

transported in vehicles not meeting

Federal school bus construction

standards, NHTSA’s intent of protecting

school children is undermined * * *.

The Safety Board is firmly convinced

that the best way to maximize pupil

transportation safety is to require the

use of school buses or buses built to

equivalent occupant crash protection

standards.’’ The NTSB commented that

the release of the Head Start

Transportation ‘‘* * * rulemaking

should be expedited to prevent future

injuries and fatalities to children

enrolled in Head Start programs’’. The

specific recommendations included that

‘‘Head Start children be transported in

vehicles built to Federal school bus

structural standards or the equivalent’’

and that guidelines provided by the

National Highway Traffic Safety

Administration’s Guideline for the Safe

Transportation of Preschool Age

Children in School Buses be mandated

in the rule. The guidelines are related to

child passenger restraint systems. The

development of ‘‘Performance

Standards’’ for Head Start transportation

supports the goal of ensuring that

children and families receive high

quality Head Start services.

II. Background and Purpose of the Rule

The authority for this final rule is

found in sections 640(i) and 644(a) and

(c) and 645A(b)(9) of the Head Start Act

(42 U.S.C. 9801 et seq.). Section 640(i)

directs the Secretary to issue regulations

establishing requirements for the safety

features and the safe operation of

vehicles used to transport children

participating in Head Start programs.

Section 645A(b)(9) requires that Early

Head Start agencies comply with

requirements established by the

Secretary concerning design and

operation of such programs. Sections

644(a) and (c) require the issuance of

regulations setting standards for

organization, management, and

administration of Head Start programs.

Since the inception of the program,

most Head Start agencies have routinely

provided transportation for some Head

Start children to and from the classroom

when needed, although there has never

been a requirement to do so. To date,

information on transportation provided

to Head Start programs has been limited

to a series of Information Memoranda

which provide guidance to programs on

issues around transportation safety, but

which do not require any action on the

part of Head Start agencies. The

following is a summary of that

information:

ACYF–IM–82–01, ‘‘Bus Safety,’’ issued

on January 19, 1982. This Information

Memorandum addresses the

applicability of The National Highway

Traffic Safety Administration’s

(NHTSA) Federal Motor Vehicle Safety

Standards (45 CFR Part 571) to school

buses with a seating capacity of eleven

(11) or more. The Administration for

Children, Youth and Families suggested

that all buses purchased or leased to

transport Head Start children meet the

NHTSA standards.

ACYF–IM–83–06, ‘‘Transportation

Safety,’’ issued March 24, 1983. This

Information Memorandum provided

notification to Head Start programs of a

Highway Accident Report prepared by

the National Transportation Safety

Board (NTSB) on an accident involving

a Head Start vehicle. As a result of their

Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations 5297

investigation, the NTSB recommended

that ACYF advise all Head Start

programs of the circumstances of the

accident in hopes that the report would

draw attention to the importance of

transportation safety. The Information

Memorandum also notified programs of

the NTSB’s recommendation that ACYF

adopt, and emphasize the need for

adherence to, the policies and

guidelines provided by the National

Highway Traffic Safety Administration’s

(NHTSA) Pupil Transportation Safety

Standards, Highway Safety Program

Standard Number 17 (now Guideline

17). A copy of Standard 17 was

included and programs were ‘‘urged’’ to

use the Standard to assess the adequacy

of their transportation systems.

ACYF–IM–93–10. ‘‘Transportation,’’

issued on March 18, 1993. This

Information Memorandum replaced

ACYF–IM–82–01 and ACYF–IM–83–06,

since both the Federal Motor Vehicle

Safety Standards (FMVSS) and

NHTSA’s Pupil Transportation Safety

Standards had been revised. The

Information Memorandum provided

Head Start programs with a copy of the

new Guideline 17 and again encouraged

programs to purchase only vehicles that

meet the FMVSS for school buses. The

Information Memorandum also

provided Head Start programs with new

information regarding the Federal

Highway Administration’s (FHWA)

Commercial Motor Vehicle Safety Act

and the Commercial Driver’s License

(CDL) program.

As these issuances have been advisory

and not legally binding, there have been

differing degrees of implementation. Not

all Head Start agencies offer

transportation services and, among the

agencies that do provide transportation,

there are varying degrees of quality and

safety.

Because of the impact on the overall

quality of services provided to children

and families and to assure them access

to services, we strongly believe that

transportation services in Head Start

must meet safety and quality

regulations. Many low income families

who enroll children in Head Start have

limited, if any, access to regular

transportation. They often do not own,

or cannot afford to operate, a vehicle.

They frequently are geographically

isolated from, or unable to afford, public

transportation. Some communities do

not provide any public transportation.

Head Start transportation services may

be required to ensure the enrollment

and attendance of the highest need

children.

When Head Start children are

transported to and from the program, it

is important that the time spent in

transit be safe and support Head Start

learning experiences. In a typical rural

Head Start program some children are

transported over long distances and

spend a significant part of their day en

route to and from the classroom.

Therefore, the time children spend on

the vehicle should be treated with the

same level of importance as the time the

children spend in the classroom and in

other program activities.

We know from experience and

documentation that significant variation

exists among States in terms of whether

or not drivers and vehicles that

transport Head Start children are

included under the purview of State

school bus requirements.

In developing this rule, the Head Start

Bureau commissioned a survey of the

States to determine whether and the

extent to which, the requirements in the

State’s pupil transportation safety plan

applied to Head Start programs. Of the

48 States that responded to the survey,

14 of them stated that their Head Start

programs are covered by the State

regulations governing pupil

transportation, 23 States responded that

their Head Start programs are not

covered, 10 States gave a conditional

response and one (1) State did not

know. The survey also indicated

significant variation among the States in

the amount of training required for

school bus drivers. Of the 45 States that

responded to this question, 39 have

some mandated training requirements

for school bus drivers, three States

reported that driver training was

handled at the local level, and three

States reported no mandated training

requirements for school bus drivers.

More significantly, only 13 States

reported mandated driver training for

Head Start bus drivers.

This variation, both in the way Head

Start programs are viewed by the States

as well as differing requirements among

the States, limits reliance on the States

as the sole source of transportation

safety standards for Head Start

programs.

Variation among the States in

regulation of Head Start transportation

services and oversight, was one of the

primary determinants of our decision to

develop minimum standards for all

Head Start programs, regardless of the

State or jurisdiction in which they

operate.

We have substantially revised the

proposed rule by providing that within

five years of the date of publication of

these regulations, Head Start agencies

must use for activities defined as

‘‘transportation services’’, either a

school bus or an ‘‘Allowable Alternate

Vehicle.’’ These two classes of vehicles

are defined in the regulations under

section 1310.3. The term ‘‘Allowable

Alternate Vehicle’’ is used to describe a

vehicle which complies with the

FMVSS applicable to school buses

related to crash survivability and

mirrors, but does not meet the other

FMVSS which apply to crash

prevention, such as the requirements for

flashing school bus lights and stop arms,

or the provisions in Guideline 17

relating to the color of the vehicle and

the use of lights and stop arms. All other

parts of the regulation, with the

exception of Section 1310.11 and

Section 1310.15(a) which are effective

three years from the date of publication

and Sections 1310.2(c) and 1310.12(b)

which are effective 30 days from the

date of publication, are effective one

year from the date of publication.

The provisions that are effective in

one year are important to child

passenger safety and pose less burden to

grantees than the vehicle, safety

restraint, and monitor provisions. The

Notice of Proposed Rulemaking

included a three year phase-in period

for all of the provisions with the

exception of driver training. The NPRM

invited comments about the feasibility

of the three year period. The

implementation periods that were

selected for each provision resulted

from review of the comments and

analysis of current Head Start

requirements. To improve

transportation safety as quickly as

possible where it was reasonable the

implementation period was changed to

one year.

The additional category of vehicle

was added to address two significant

issues raised during the NPRM

comment period. The first issue related

to the fact that some States prohibit

Head Start and other community based

programs from using school buses. The

second issue related to concerns raised

by Community Transportation Agencies

(CTAs) about their ability to continue

serving Head Start programs if all Head

Start agencies providing transportation

services were required to use only

school buses. Some CTAs operate

vehicles which serve both Head Start

grantees and other community

organizations, and believe that using

only school buses to provide

transportation for Head Start programs

would interfere with their ability to use

the same vehicles to meet the needs of

other segments of the community. Other

groups, such as senior citizens, might

object to the use of school buses to meet

their needs, and it would be

prohibitively expensive for the CTAs to

have separate vehicles to meet the needs

of Head Start programs and those of

5298 Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations

other groups. Reconciling the opposing

issues related to vehicle structural safety

took several years of painstaking work.

Significant progress was accomplished

through the contributions of the Joint

Department of Health and Human

Services and Department of

Transportation Coordinating Council on

Human Services Transportation (now

known as the Coordinating Council on

Access and Mobility). The development

of the allowable alternate vehicle

evolved through information exchange,

inclusion of multiple perspectives, and

willingness to compromise in order to

improve the safety of children.

We believe that recognizing an

additional class of vehicle without the

exterior crash avoidance features is

appropriate since those features are not

necessary to serving Head Start

children. Under Section 1310.20(b)(6),

children who must cross the street or

highway to board or after exiting the

vehicle because curbside drop-off or

pick-up is impossible, must be escorted

across the street by a bus monitor or

other adult. The crash avoidance

features are therefore unnecessary to

ensure the safety of children being

transported to and from Head Start

programs.

Formerly, NHTSA interpreted the

statutes it is charged with enforcing to

prohibit vendors from selling vehicles

for use in transporting children enrolled

in Head Start programs that do not meet

the standards adopted pursuant to those

statutes for school buses. The basis for

this position was its interpretation of

the term ‘‘school’’ in the definition of

‘‘schoolbus’’ appearing in 49 U.S.C.

30125(a)(1) to include Head Start

programs.

At the suggestion of the Head Start

Bureau, NHTSA reconsidered its

interpretation in light of the new

wording added to the Head Start Act by

the Coats Human Service

Reauthorization Act of 1998, Section

102, Pub. L. 105–285, 112 Stat. 2702,

2703. The statute amended Section 636

of the Head Start Act (42 U.S.C. 9831)

to provide that ‘‘[i]t is the purpose of

this subchapter to promote school

readiness by enhancing the social and

cognitive development of low-income

children through the provision, to lowincome children and their families, of

health, educational, nutritional, social,

and other services that are determined,

based on family needs assessments to be

necessary.’’ (Emphasis added.) In view

of the rewording of the statute, NHTSA

agreed that it was no longer appropriate

to consider the Head Start program to be

a school program.

The change in NHTSA’s position

made it possible for the Head Start

program to authorize use of a separate

category of vehicle, the ‘‘Allowable

Alternate Vehicle’’, to transport children

enrolled in Head Start programs. The

Allowable Alternate Vehicle symbolizes

the cooperative approach adopted by

the Departments of Transportation and

Health and Human Services, over the

course of nearly a decade, to solve the

complicated problems related to

improving the safety of Head Start

transportation services.

Vehicles meeting the specifications of

Allowable Alternate Vehicles are

currently in use in some States that

prohibit Head Start programs from using

school buses. These vehicles also may

be used in States where Head Start is

not included under pupil transportation

regulations and a program chooses a

vehicle with the structural features, but

not the appearance, of a school bus. The

Head Start Bureau anticipates that

manufactures will be able to meet the

increased demand for alternate vehicles

because school bus manufacturers

currently produce such vehicles.

In the development of the rule, we

have, with only minor variations,

adopted a number of the relevant

provisions of Guideline 17 and have

referenced several of the Federal Motor

Vehicle Safety Standards applicable to

school buses. This final rule was

developed through ongoing consultation

with the National Highway Traffic

Safety Administration on the

application of the FMVSS and

Guideline 17 to Head Start programs.

It should be noted that we do not

want to place Head Start agencies in

conflict with State requirements. On the

contrary, it is our intention to continue

to work with the States beyond the

implementation of the rule to enhance

the relationship between Head Start

programs and the State agencies

responsible for pupil transportation

safety. Toward that end, we consulted

with the National Association of State

Directors of Pupil Transportation

throughout the development of this rule.

Where Guideline 17 lacked specificity

or was silent on some aspect that is

important for transporting Head Start

children, we relied on other resources,

such as the National Standards for

School Bus Operations, in determining

regulatory criteria. For example, the

regulation includes requirements for the

content of driver training and rules for

trip routing. The Transportation

Research Board’s (TRB) Special Report

222 provided valuable information

regarding the use of seat belts on school

buses, the need for strict rules for trip

routing, and the need to train children

in safe riding practices both on and off

the bus.

The TRB’s examination of the use of

seat belts on school buses in Special

Report 222, along with NHTSA’s

recommendation in Guideline 17 that

passengers in vehicles with a gross

vehicle weight rating of less than 10,000

pounds (which is the class of vehicle

most frequently used by Head Start

programs) use occupant restraints, raises

an issue of special significance to the

safe transportation of Head Start

children. The use of standard Type I

(lap) and Type II (lap and shoulder) seat

belts is inappropriate for children who

weigh 50 pounds or less, because of the

potential for injury from the seat belt

itself. Children weighing 50 pounds or

less should be seated in child restraint

systems designed in accordance with

FMVSS No. 213, ‘‘Child Restraint

Systems.’’ Since almost all Head Start

children fall into this lower weight

category, we have included such a

requirement in the rule. Our decision to

include this requirement is based on

consultation with organizations such as

the American Academy of Pediatrics,

the Children’s National Medical Center

in Washington, DC and the Riley

Hospital for Children, Automotive

Safety for Children Program in

Indianapolis, Indiana. The regulation

provides that within three years of its

publication, all vehicles must be

equipped for use of child restraint

systems. In some instances, this may

require replacement of existing vehicles.

While the regulation allows up to five

years to use school buses or allowable

alternate vehicles, the full five years

will not be available if vehicles are

being used that cannot accommodate, or

be safely retrofitted to accommodate

child restraint systems. We recognize

the financial effect that a three year

versus a five year implementation

period may have for some grantees. We

urge grantees to evaluate existing

vehicles for capacity to accommodate

child restraint systems and plan

accordingly. The use of child restraint

systems for children weighing 50

pounds or less is critical to their safety.

We have excluded the transportation

provided under the Head Start and Early

Head Start home-based program option

from the requirement for use of school

buses or allowable alternate vehicles,

and the requirements on driver

qualifications and bus monitors. In the

home-based option, it may only be

necessary to transport parents and

children to twice monthly group

socializations and other program

activities. Usually, the transportation is

provided in a vehicle other than a

school bus driven by the home visitor,

although many programs already use

Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations 5299

school buses to transport children

enrolled in home-based programs. We

anticipate that programs already using

school buses will continue the practice.

Programs will also need to comply with

other requirements of the regulations

when transporting children enrolled in

home-based programs. We also expect

that as more grantees acquire school

buses and allowable alternate vehicles

for use in transporting children enrolled

in other program options, they will

make available to children enrolled

under the home-based option the same

transportation services provided to

children enrolled under other program

options. We are, however, reluctant at

this time to apply the same

requirements under the home-based

option as other options because local

circumstances may at times make it

impossible to comply fully with the

requirements of the regulations. There

may be situations, for example, in rural

communities with widely dispersed

populations when it will not be possible

for a grantee to coordinate its use of

vehicles to provide the necessary

services using school buses or allowable

alternate vehicles to meet the needs of

children enrolled in the home-based

option as well as those enrolled under

the other options that it operates.

It should be noted that the

requirements in the regulation which

are generally applicable to Head Start,

Early Head Start and delegate agencies,

such as the requirements for safety

education in 45 CFR 1310.21, the

requirement for release of a child to a

parent, legal guardian, or other

individual identified in writing by the

parents in 45 CFR 1310.10(g) and the

use of appropriate child restraint

systems in 45 CFR 1310.11, apply to

services under the home-based option.

We recognize that implementing this

regulation will require programs to learn

its provisions and determine their

application in reference to existing State

regulations. There are a variety of

resources available to support agencies.

The Head Start Act requires that an

allotment of Head Start and Early Head

Start funding be dedicated to training

and technical assistance for staff and

parents. This is accomplished through a

variety of avenues, many of which will

be instrumental in supporting grantees

as they adopt the provisions of the

transportation regulation. The training

and technical assistance network

consists of local, regional, and national

resources. Each region has a Quality

Improvement Center (QIC) which

supplies the Head Start and Early Head

Start programs in its region with a

variety of training opportunities that are

responsive to program needs and

emerging issues. Several of the QIC staff

have become experts in transportation

issues based on the current needs of

grantees they serve. The Head Start

Publications Management Center

provides the vehicle for distributing

information material to all of the Head

Start and Early Head Start Grantees and

delegate agencies. Materials offered by

the Publications Center include the

‘‘Transportation Tool Kit’’ which was

developed to provide Head Start

programs with resources and

information related to transportation

services. There are also various training

opportunities available through each

State’s Department of Transportation

and several national organizations,

including the International Center for

Injury Prevention and the Community

Transit Assistance Program, have

volunteered to participate in providing

training to Head Start programs. The

National Highway Traffic Safety

Program offers extensive training

resources and has already been involved

in providing materials to Head Start

programs. The NHTSA document

entitled ‘‘Guideline for the Safe

Transportation of Pre-school Age

Children in School Buses’’ was

distributed to all grantee and delegate

agencies in 1999.

III. Summary of the Major Provisions of

the Rule

A summary of the major provisions of

the final rule follows. The rule:

• Establishes requirements for

transportation services for all Head

Start, Early Head Start and delegate

agencies that transport children to and

from program activities;

• Requires that, beginning five years

from the publication of the regulation,

vehicles used to provide transportation

services to Head Start, Early Head Start,

and delegate agency program activities

be either ‘‘school buses’’ or ‘‘allowable

alternate vehicles’’ as those terms are

defined in the regulation;

• Requires that children receiving

Head Start, Early Head Start and

delegate agency transportation services

be seated in height and weightappropriate child restraint systems

when the vehicle is equipped for use of

such devices.

• Describes the minimum

qualifications for operators of vehicles

that are used to provide transportation

services to children enrolled in Head

Start, Early Head Start and delegate

agency program activities;

• Describes the training requirements

for operators of vehicles that are used to

provide transportation service to

children enrolled in Head Start, Early

Head Start and delegate agencies;

• Describes the vehicle and

pedestrian safety training requirements

for parents and children;

• Describes the requirements for

transportation of children with

disabilities; and

• Defines the role of Head Start, Early

Head Start and delegate agencies in

local efforts to plan and implement

coordinated transportation systems in

order to achieve greater overall cost

effectiveness in providing safe

transportation.

The contents of this rule include

aspects of the following Department of

Transportation guidelines and

standards:

• Highway Safety Program Guideline

No. 17, ‘‘Pupil Transportation Safety,’’

referred to in this text as Guideline 17,

published in the Federal Register (56

FR 19270, April 26, 1991) and (57 FR

56991, December 2, 1992);

• 49 CFR part 571—Federal Motor

Vehicle Safety Standards;

• 49 CFR part 383—Commercial

Driver’s License Standards:

Requirements and Penalties; 49 CFR

part 391—Qualifications of Drivers;

• 1990 National Standards for School

Buses and School Bus Operations,

National Safety Council; and

• Special Report 222, ‘‘Improving

School Bus Safety,’’ Transportation

Research Board, National Research

Council, 1989.

We also reviewed the National

Highway Traffic Safety Administration’s

‘‘1999 Guideline for the Safe

Transportation of Pre-school Age

Children in School Buses.’’ This

document confirms that, based on

conclusive crash testing research

results, preschool age children are most

safely transported on school buses when

seated using weight-appropriate child

safety restraint systems.

IV. Rulemaking History

On June 15, 1995, the Department

published a Notice of Proposed Rule

Making (NPRM) in the Federal Register

(60 FR 31612), proposing regulations

establishing requirements for the safety

features and the safe operation of

vehicles used by Head Start agencies to

transport enrolled children, safety

education, and transportation

coordination. Copies of the proposed

rule were mailed to all Head Start

grantee and delegate agencies. Interested

individuals were given 60 days in

which to comment on the proposed

rule. During the 60-day comment period

the Department received more than 800

comments from more than 300

respondents. The respondents included

Head Start grantees and public and

private agencies and individuals

5300 Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations

interested in Head Start transportation

services.

V. Section-by-Section Discussion of

Comments

The comments were analyzed and

categorized according to regulatory

section and again by nature of comment.

Only those sections for which

comments were made or to which

changes were made are discussed

below. The discussion of the sections

follows the order of the NPRM table of

contents and a notation is made

wherever the section designations have

been changed or deleted from the final

rule.

Subpart A—General

Section 1310.1—Purpose

There were no significant comments

submitted in response to this section.

Language was added to the final rule to

clarify that training in pedestrian safety

is an included element of the regulation.

Language was also added to the effect

that agencies must make reasonable

efforts to coordinate resources in order

to control costs and improve the quality

and availability of transportation

services.

Section 1310.2—Applicability

Section 1310.2(a) (re-designated as

Section 1310.2(c) in the final rule)

This section described the rule’s

applicability to all Head Start grantees,

Early Head Start grantees and delegate

agencies.

Comments. Paragraph (a) in the

proposed rule specified the rule’s

applicability to all Head Start grantees

and delegate agencies that provide

transportation to children. Several

respondents objected on the grounds

that a school bus would not be able to

safely navigate the challenging terrain

encompassed within their program area.

Response. We recognize that there are

rare circumstances when programs may

use non-traditional forms of

transportation (e.g., boats for some

island programs) to bring children to

and from the program. Waiver authority

has been added to the final rule under

Section 1310.2(c) so that, on a case-bycase basis, the Department of Health and

Human Services official may permit

exclusion from one or more

requirements of the final rule based on

‘‘good cause’’. Good cause will exist

only if adherence to a requirement of

the Part itself causes a safety hazard in

the circumstances faced by the Head

Start, Early Head Start or delegate

agency. The waiver provision will take

effect 30 days after publication of the

regulation.

We have excluded home-based

program transportation from the vehicle,

drive qualification, and bus monitor

provisions of the regulation. Homebased Head Start programs may provide

transportation to small groups of

children and their parents twice per

month. Many home-based programs

currently use school buses for such

transportation and home-based

programs are strongly encouraged to use

school buses or allowable alternate

vehicles whenever possible. When the

State in which a Head Start or Early

Start program operates sets a higher

standard than this regulation, agencies

shall comply with the State regulation.

The rule is applicable to all Head

Start and Early Head Start grantees and

delegate agencies regardless of whether

they offer transportation services or not.

Some provisions are not applicable if an

agency does not provide any

transportation services, either directly of

through another organization. This

includes sub-parts related to vehicles,

drivers and trip routing. Other sections

are applicable regardless of whether the

program provides transportation

services or not. Sections which provide

requirements for all grantees and

delegate agencies include, Section

1310.10(a), (b) and (g), Section

1310.21(a), (c)(2), and (e) and Section

1310.22(c).

Section 1310.3 Definitions

This section supplied definitions for

the relevant terms used in the

regulation. There were no comments

submitted in response to this section of

the proposed rule. We have deleted

several definitions for terms that were

either deleted from the regulation or are

self-explanatory and added clarifying

language to several others. The term

‘‘Transportation’’ is redefined under

‘‘Transportation Services’’ in the final

rule. We added definitions for the terms

‘‘Agency’’, ‘‘Agency Providing

Transportation Services’’, ‘‘Delegate

Agency’’, ‘‘Early Head Start Agency’’,

‘‘Early Head Start Program’’, ‘‘Head Start

Agency’’, ‘‘Head Start Program’’ and

‘‘seat belt cuter’’ to clarify the use of

these terms in the regulation. We also

added a definition of the ‘‘Allowable

Alternate Vehicle’’ because it is a term

used in the final rule. We added a

definition for ‘‘school bus’’ as the term

is used throughout the regulation.

Deleted definitions were: ‘‘coordinated

transportation’’, ‘‘crossing control arm’’,

‘‘stop signal arm’’, ‘‘driver’’, ‘‘winter

packs’’, ‘‘driver qualifications’’,

‘‘Guideline 17’’, ‘‘transportation

supervisor’’, ‘‘training’’, ‘‘school bus

loading zone’’, and ‘‘vehicle’’. The

remaining terms are listed

alphabetically in the final rule.

Subpart B—Transportation

Requirements

Section 1310.10 General

Section 1310.10(a) (re-designated in the

final rule as Section 1310.10(c))

This section required that programs

providing transportation to Head Start

children comply with the applicable

requirements of this Part.

Comments. The majority of letters

were supportive and indicated that

adoption of the NPRM would yield safer

and higher quality transportation

services for children in Head Start.

Some other respondents expressed

concern that the requirement

jeopardizes some transportation services

provided for Head Start children by

public school districts, regional transit

authorities and contractors. Many

writers expressed support for the

increased safety the regulation affords,

but are concerned about the cost of

compliance. For example, respondents

wrote that the increased costs associated

with bus monitors, driver certification

and training, child safety restraints,

using vehicles that meet the identified

safety standards, and providing

communication equipment would be

prohibitive without additional grant

funds. Several also objected that the

three-year phase in period was

unrealistic with respect to replacement

of existing vehicles. Some respondents

recommended that waivers be allowable

for all or most of the rule’s

requirements.

Response. The requirements of the

regulation are essential in assuring the

safe transportation of preschool age

children. However, waivers under

section 1310.2(c) of the final rule shall

be granted on a case-by-case basis where

adherence to a specific provision would

cause a safety hazard in the

circumstances faced by the Head Start,

Early Head Start, or delegate agency.

Requests for waivers should be made to

the responsible official of the

Department of Health and Human

Services.

In response to comments that three

years is not a reasonable period for

replacement of existing vehicles in

order to comply with the regulations,

the effective date of sections 1310.12(a)

and 1310.22(a), which now provide that

children enrolled in Head Start agencies

be transported in either school buses or

allowable alternate vehicles, will be five

years from the date of publication of this

part in the Federal Register. This

change will provide additional time for

Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations 5301

necessary financial planning and

upgrading and replacing vehicles.

The requirement which appeared in

the NPRM at section 1310.11(i) that

children are seated in child safety

restraint systems is addressed in the

final regulation sections 1310.11 and

13.10.15(a) and (d). Those provisions

require that beginning on the date three

years from publication in the Federal

Register, each vehicle used to transport

children enrolled in Head Start must be

equipped for use of height and weight

appropriate child restraint systems

which conform to the performance

requirements (49 CFR 571.213) for use

by children weighing fifty pounds or

less who will be transported in the

vehicle. This requirement can be met

either by retrofitting vehicles already in

service or by acquiring new vehicles.

For an additional explanation of the

reasons for the change in the

requirements regarding child safety

restraint systems, see the discussion of

section 1310.11 in this preamble.

Section 1310.10(b)

Paragraph (b) required that Head Start

programs assess and document annually

decisions about providing

transportation to some, all, or none of

the enrolled children.

Comments. Several respondents

interpreted the requirement to mean

programs are required to transport all

children. Others feared they would not

be allowed to enroll children they could

not transport. Respondents objected to

the requirement on the basis that

additional transportation requirements

are too expensive and they would need

to reduce their enrollment to meet the

transportation requirements.

Response. The requirement’s intent is

that programs provide transportation

services to the degree possible when the

lack of such services would preclude an

eligible child from participating in Head

Start. It requires programs to consider

the most efficient and appropriate

service provision. The language in the

final rule was clarified to make sure that

Head Start agencies assist as many

children as possible to obtain

transportation, either by providing it

directly or through some other means,

but are not required to transport every

child in the program. We deleted the

requirement for specified

documentation of Head Start agencies’

efforts under this section as

unnecessarily burdensome.

Section 1310.10(c) (re-designated as

Section 1310.10(a) in the final rule)

The section required Head Start

agencies that do not provide

transportation to some or all of the

enrolled children to provide reasonable

assistance to help families arrange

transportation for their children to and

from the program.

Comments. One respondent expressed

concern that an implied liability would

exist for a Head Start agency that

recommended or arranged child

transportation services.

Response. We agree that child safety

is a primary concern and that programs

must be cautious in assisting families in

making alternative transportation

arrangements. The regulation requires

Head Start agencies to assist as many

children as possible who need

transportation to attend the program to

get that transportation. Parents and

guardians are responsible for the safety

of children in their care when they bring

those children to or from Head Start

program activities. When the grantee or

delegate agency cannot provide

transportation services, possible

alternative arrangements may be

suggested to parents. This is consistent

with Head Start Performance Standard

1304.41(a)(2) which requires grantees

and delegates agencies to support

collaborations that promote the access

of children and families to resources

that are responsive to their needs.

Section 1310.10(d) (deleted from the

final rule)

Paragraph (d) required each Head

Start program providing transportation

services to have designated full or parttime transportation supervisor to ensure

compliance with the requirements of

this Part.

Comments. Some respondents

objected that if the transportation

services are provided contractually or

via a school district, a Head Start

employed transportation supervisor is

not necessary. The objection most

frequently cited was that an additional

staff position could not be

accommodated through existing grant

funds.

Response. The requirement for a

designated transportation supervisor

reflected recognition of the critical

nature of safe transportation services

and the time and expertise required to

ensure safety. Upon consideration of the

comments and given the variety of Head

Start staffing patterns, we determined

that a separate dedicated staff position

may not always be necessary to ensure

safe and effective transportation

services. The language in the final rule

specifies transportation regulation

oversight and compliance with he

applicable requirements of this part in

section 1310.10(c). Head Start agencies

providing transportation through

another organization or individual must

monitor the compliance of the

transportation provider with the

requirements of this part.

Section 1310.10(e) (re-designated as

Section 1310.15(c) in the final rule)

Paragraph (e) required vehicles

providing Head Start transportation be

staffed with at least one bus monitor in

addition to the driver.

Comments. The objections to this

paragraph related mainly to the cost of

employing bus monitors or the belief

that monitors are not necessary for small

groups of children. Some respondents

indicated that finding volunteer

monitors is too difficult. Several writers

objected to requiring bus monitors to

wear seatbelts as they felt this would

negatively impact the monitor’s ability

to assist children during the ride.

Several writers recommended

additional monitors for larger groups of

children.

Response. The final rule maintains

the requirement of at least one bus

monitor on vehicles transporting Head

Start children. Preschool children

require adult supervision and assistance

to safely board and exit the vehicle,

fasten safety restraints, and to evacuate

the vehicle in the event of emergencies.

The driver’s attentions must be

primarily focused on safe operation of

the vehicle. The final regulations

provide in section 1310.15(d) that,

except for bus monitors while they are

assisting children, all occupants of the

vehicle must be seated and wearing seat

belts while the vehicle is in motion. As

necessary based on passenger needs,

programs may elect to assign more than

one monitor to a vehicle. Although the

term ‘‘bus monitor’’ is being used in the

regulations, the requirement in 45 CFR

1310.15(c) applies to all vehicles, except

for those used to transport children

served under the home-based option,

used to provide transportation services

after the effective date of the provision.

Section 1310.10(f)

Paragraph (f) required that all

accidents involving Head Start vehicles,

with or without children on board, must

be reported in accordance with State

regulations for reporting school bus

accidents. There were no specific

comments to this section. The language

in the final rule was changed to

reference ‘‘applicable State

requirements’’ to improve clarity.

Section 1310.10(g) (re-designated as

Section 1310.10(d)(1) in the final rule)

Paragraph (g) required that vehicles

transportation Head Start children be

equipped with a communication system

for use in the event of emergencies. The

5302 Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations

NPRM referenced a citizen band radio

as an example of a communication

system.

Comment. Many writers understood

the NPRM to require citizen band radios

on vehicles that transport Head Start

children and objected on several

grounds. Notably, some State police

departments have advised against this

device fearing it could inform potential

criminals of the location of a stranded

bus load of children and staff. Most

respondents were supportive of

equipping vehicles that transport Head

Start children with communication

capacity.

Response. The final rule continues to

require a communication system on

vehicles, but defers to grantees to select

the most appropriate equipment.

Section 1310.10(h) (deleted from the

final rule)

Paragraph (h) required the use of

special equipment (e.g., winter packs

and air conditioning) as necessary for

vehicles transporting Head Start

children in extreme climatic conditions.

Comments. Some writers requested a

definition ‘‘extreme climatic

conditions.’’ Others stated that the

approporiate outfitting of buses should

be a local decision.

Response. It was not our intent that

this section be prescriptive. We agreed

with the respondents who stated that

the appropriate outfitting of vehicles

should be a local decision and have

deleted the special equipment for

climate extremes from the final rule.

Section 1310.10(i) (re-designated as

Section 1310.10(g), in the final rule)

Paragraph (i) specified that children

must be released only to authorized

individuals.

Comments. There were few comments

in response to this section of the

proposed regulation. Two writers

recommended clarifying the section to

stipulate that child release procedures

be required even if the Head Start

program is not directly providing the

transportation services. One respondent

was concerned that a parent with a

disability might be unable get outside to

put their child on the vehicle and meet

the child at the end of the day.

Response. The language in the final

rule contains clarification to reinforce

that all providers of Head Start, Early

Head Start and delegate agency services,

including transportation services, must

abide by the child release regulation.

The provision allows for a child’s parent

or legal guardian to designate, in

writing, other individuals authorized to

pick up the child.

Section 1310.11—Vehicles (redesignated as Sections 1310.12–1310.15

in the final rule)

Section 1310.11(a) (re-designated as

Section 1310.12(a) in the final rule)

Paragraph (a) specified that vehicles

used to transport Head Start children

must comply with the recommendations

regarding ‘‘school buses’’ as provided in

Guideline 17 and prohibited the use of

vans in transporting Head Start

children.

Comments. This NPRM section

elicited the largest number of

comments. A number of respondents

strongly objected to the prohibition

against using vans. While a few writers

advocated the use of buses over vans for

safety advantages, most stated that

programs would not be able to afford to

replace vans with school buses and that

buses are an inefficient method to

transport individual or small groups of

children. There were also comments

that in some regions of the country,

roads are unpaved and require four

wheel drive vehicles. Many individuals

cited very geographically large service

areas as an impediment to reasonably

efficient school bus use. One writer

cited a State rule permitting the use of

qualified vans and drivers if the number

of children is fewer than ten and the

route would be excessively long if a

regular school bus was used.

Response. Substantial effort was

devoted to creating a solution that

would both improve the safety of

vehicles providing Head Start

transportation services, not contradict

existing State regulations, and be

reasonable for use by various

transportation providers. The solution

provides for the use of either a vehicle

that qualifies as a ‘‘school bus’’ or an

‘‘Allowable Alternate Vehicle’’ which is

not a school bus but does meet the

structural, or crash protection, standards

of a school bus. This decision to require

that Head Start transportation service

providers only use vehicles with the

interior safety features required for

school buses reflects the research

demonstrating that school buses are

safer than other vehicles.

The National Highway Traffic Safety

Administration confirms that based on

research, ‘‘school buses have been and

remain the safest form of highway

transportation’’ (School Bus Safety: Safe

Passage for America’s Children (1998),

p. 5). NHTSA based its conclusion in

part on data documenting that the

school bus occupant fatality rate of 0.2

fatalities per 100 million vehicle miles

traveled (VMT) is much lower than the

rates for passenger cars (1.5 per 100

million VMT) or light trucks and vans

(1.3 per hundred million VMT). NHTSA

established the Federal Motor Vehicle

Safety Standards (FMVSS) to make

school buses stronger and to provide

improved occupant protection (p. 7).

Further evidence of serious safety

hazards posed by the use of vans is

provided by the National Transportation

Safety Board’s Highway Special

Investigation report titled ‘‘Pupil

Transportation In Vehicles Not Meeting

Federal School Bus Standards’’ (June

1999). The report’s findings are based

on the investigation of child fatalities in

four accidents where children were

being transported in vehicles that did

not meet the crash protection standards

of school buses. One of the accidents

involved children being transported to a

Head Start program. The report includes

detailed analysis of the crashworthiness

of the nonconforming vehicles and

provides a table describing the crash

protection attributes of different vehicle

types. Fifteen-passenger vans do not

possess the joint strength or roof

rollover protection provided by school

buses. Federal school bus standards

require that body panel joints be strong

enough to resist separation during a

crash that can cause sharp cutting edges

and openings through which children

can be ejected. The Safety Board

included a comparison of two accidents,

one involving a school bus and one

involving a fifteen-passenger van.

Although the bus was struck by a much

larger, heavier truck it suffered far less

intrusion damage than the fifteenpassenger van. The Board found that if

the children involved in the van

accident had been on a bus, they would

have had more ‘‘survivable space.’’ The

report concludes that ‘‘given their better

crashworthiness and occupant

protection, had school buses or buses

providing equivalent occupant crash

protection been used in the four

accidents * * * the vehicles probably

would have suffered less damage and

the passengers may have suffered fewer

and less severe injuries.’’

Based on its report, the National

Transportation Safety Board issued a

letter to the Department of Health and

Human Services (July, 1999)

recommending the expedition of the

rule requiring that Head Start Children

be transported in vehicles built to

Federal school bus structural standards

or the equivalent and that the guidelines

from the National Highway Safety

Administration’s Guideline for the safe

Transportation of Preschool Age

Children in School Buses regarding

child passenger restraint systems be

incorporated in the regulation. Both of

the Safety Board’s recommendations are

reflected in the final rule.

Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations 5303

Because all children attending Head

Start must be accompanied by an adult

if they cross a street or highway to board

or exit a vehicle, the final regulation

permits the use of an ‘‘Allowable

Alternate Vehicle’’ which would not be

identified as a ‘‘school bus,’’ be painted

yellow or equipped with flashing lights

and a stop arm. The final regulation

provides for waiver of one or more of its

specific requirements when adherence

to a requirement of this part would itself

create a safety hazard in the

circumstances faced by the Head Start,

Early Head Start, or delegate agency,

such as when use of a school bus or

allowable alternate vehicle is ruled out

because of terrain in the area served by

the grantee or some other safety factor.

In response to the concern about

navigating unpaved roads, it should be

noted that four wheel drive school buses

are currently available.

Section 1310.11(b) (re-designated as

Section 1310.12(a) in the final rule)

Section 1310.11(b)(1)(deleted from the

final rule)

Paragraph (b)(1) stated that vehicles

used for Head Start transportation must

comply with all of the Federal Motor

Vehicle Safety Standards (FMVSS) for

school buses.

Comments. Some respondents

objected that Head Start should not be

required to use vehicles meeting the

FMVSS if Head Start is not included in

the State’s pupil transportation

regulations. Many people asked for

additional clarification regarding the

definition of allowable exceptions. For

example, are medical visits considered

incidental and do they require a vehicle

complying with the FMVSS for school

buses? Cost was again a major topic and

several writers suggested a gradual

implementation period to reasonably

replace existing vehicles with school

buses. One writer was concerned that

school buses do not include the proper

safety restraint systems for young

children. Again, several respondents

said that school buses cannot navigate

rural roadways, which may be unpaved,

or very narrow. One comment noted

that some States prohibit transit

authorities from using school buses and

the rule would effectively prevent those

agencies from providing Head Start

transportation services.

Response. Under section 1310.12(a)

the final rule requires that when school

buses, as defined in the rule, are used

for the planned transportation of Head

Start children, they must comply with

the FMVSS for school buses, including

both crash prevention and crash

survivability standards.

In response to the concern that school

buses may not be the most practical

vehicle to provide transportation in

certain circumstances, an alternative

acceptable vehicle has been defined in

the rule for the purpose of Head Start

transportation. The alternative vehicle,

called the ‘‘allowable alternate vehicle,’’

is defined in these regulations as one

which must meet the FMVSS applicable

to school buses for crash survivability

and mirrors (49 CFR part 571), but is not

required by these regulations to meet

the standards related to visibility and

traffic control. The latter are collectively

called crash prevention standards and

they include the color of the vehicle,

flashing school bus lights, and a stop

arm. Crash prevention standards are

related to the appearance of vehicles.

They include FMVSS 49 CFR 571.108

and 571.131. Requiring the allowable

alternate vehicle to meet the crash

survivability standards, but not the

crash prevention standards, permits

greater flexibility in vehicle appearance

while maintaining the structural safety

features afforded by school buses.

Because Head Start children must be

accompanied by an audit when they

must cross the street before boarding or

after exiting the vehicle, the crash

avoidance features are not required for

allowable alternate vehicles.

Incidental transportation, which is the

unplanned, necessary, transportation of

a single child or small group of children

for some exceptional purpose, is not

required to meet the requirements of the

rule relating to transportation services.

The distinction between planned and

unplanned transportation is designed to

allow transportation of children to occur

as necessary in unanticipated or

exceptional situations. Programs should

make every effort to use school buses or

allowable alternate vehicles whenever

possible. Section 1310.11(b)(1) was

deleted in the final rule as it duplicated

provisions already specified.

Section 1310.11(b)(2) (re-designated as

Section 1310.10(d)(2) and (3) in the

final rule)

Proposed paragraph (b)(2) described

the requirement that vehicles that

transport Head Start children be

properly equipped with a fire

extinguisher and a first aid kit with

location signs for both visibly posted.

Comment. One comment was

submitted suggesting most standard first

aid kits do not contain adequate

supplies for conditions such as shock or

severe bleeding.

Response. The final rule maintains

the requirement that vehicles

transporting Head Start children must

be equipped with a fire extinguisher and

first aid kit. Seat belt cutters were added

to the required safety devices in

response to concerns that child safety

restraints might slow evacuation of

children in an emergency. Grantees are

reminded to follow applicable State

agency guidelines concerning contents

of first aid kit.

Section 1310.11(b)(3) (re-designated

under Section 1310.12(a) in the final

rule)

Paragraph (b)(3) required that vehicles

used to transport Head Start children be

equipped with mirrors complying with

49 CFR 571.111.

Comments. There were not comments

in response to this section of the

proposed regulation.

Response. The specific provision

regarding mirrors was deleted as its

content is included within the

definitions for school buses and

allowable alternate vehicles.

Section 1310.11(b)(4) (deleted from the

final rule)

Paragraph (b)(4) required that bus

steps be equipped with a lower step

panel at the primary access point to

permit children to step on and off the

bus unassisted.

Comments. Several respondents

objected to the lower step panel on the

grounds that it is too prescriptive and

may be unsafe on certain terrain.

Further, it was noted that Head Start

children vary in size and physical

ability and are expected to always have

adult assistance when boarding or

exiting a Head Start vehicle.

Response. The requirement was

deleted from the final rule because we

agree with comments that it was more

prescriptive than necessary.

Section 1310.11(b)(5) (re-designated as

Section 1310.12(a) and (b)(2) in the final

rule)

Proposed paragraph (b)(5) stated that

vehicles providing Head Start

transportation services must be

equipped with reverse beepers.

Comments. Writers regarded the

reverse beepers as unnecessary because

the proposed rule prohibited backing

up.

Response. The rule specifies that

‘‘vehicles must not be required to back

up * * * [on their routes] except when

necessary for reasons of safety or

because of physical barriers.’’ This

requirement reflects that it is not safe for

school bus routes to be mapped so that

backing up is necessary. A bus,

however, may need to back up for

reasons of safety or physical barrier. In

either instance the reverse beepers

notify pedestrians of the driver’s

5304 Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations

intention and could prevent accidents

and injury. Therefore, the provision was

retained.

Section 1310.11(b)(6) (provision

addressed in Section 1310.22 in the

final rule)

Paragraph (b)(6) specified that

vehicles that transport Head Start

children must be equipped to

accommodate children’s special needs

(e.g., wheelchair lifts).

Comments. Many respondents

interpreted the section to mean that

every Head Start vehicle must be

equipped to meet the potential needs of

children with disabilities and were

concerned about unnecessary effort and

prohibitive expense. Several

respondents asked for clarification

regarding the definition of ‘‘special

equipment’’ and the portion of an

agency’s fleet that should be so

equipped.

Response. The language in the final

rule, section 1310.22(b), specifies that

Head Start agencies must meet the

requirements of the Americans with

Disabilities Act, section 504 of the

Rehabilitation Act of 1973, and the

Head Start Performance Standards for

Children with Disabilities. It is not

necessary, or advisable, that every

vehicle transporting Head Start children

be equipped with a wheelchair lift. We

emphasize that Head Start programs

must be prepared to meet the special

transportation needs of children with

disabilities who enroll in the program.

Agencies must consider the needs of

children with disabilities when

arranging for transportation services

using school buses or allowable

alternate vehicles. Whenever possible,

children with disabilities must be

transported along with their peers who

do not have disabilities.

Section 1310.11(c) (deleted from the

final rule)

Paragraph (c) specified that, to the

extent allowable within State

requirements, vehicles that transport

Head Start children must comply with

the following recommendations for

identification and equipment of a school

bus contained in Guideline 17: (1) Be

identified with the words ‘‘School Bus’’

printed in letters not less than eight

inches high, located between the

warning signal lamps as high as possible

without impairing visibility of the

lettering from both front and rear, and

have no other lettering on the front or

rear of the vehicle except as required by

Federal Motor Vehicle Safety Standards

(FMVSS), 49 CFR part 571; (2) be

painted National School Bus Glossy

Yellow, in accordance with the

specification of National Institute of

Standards and Technology (NIST)

Federal Standard No. 595a, Color 13432,

except that the hood should be either

that color or lusterless black, matching

Nist Federal Standard No. 595a, Color

37038; (3) have bumpers of glossy back,

matching NIST Federal Standard 595a,

Color 17038, unless, for increased

visibility, they are covered with a

reflective material; (4) be equipped with

a stop signal arm as specified in FMVSS

No. 131 (49 CFR 571.131) and a crossing

control arm; and (5) be equipped with

a system of signal lamps that conforms

to the performance requirements of

FMVSS No. 108 (49 CFR 571.108).

Comments. No significant comments

were received in response to paragraphs

(c)(1)–(2). There were, however, a few

respondents objecting to the bumper

color requirement on the grounds it

would require expensive retrofitting of

existing vehicles. There were also

respondents who objected to paragraphs

(c)(4) and (5) which required that

vehicles comply with the FMVSS for

stop signal arms, crossing control arms,

and signal lamps. Several respondents

indicated that crossing control arms are

unnecessary because Head Start

children should only enter or exit buses

curbside. There were objections to

increased costs for all safety features.

Response. The safety features that

would have been required by the

proposed Section 1310.11(c)(1)–(5) were

deleted from the final regulations

because they are not necessary in view

of the requirement that children using

Head Start vehicles be accompanied by

a bus monitor or other adult when they

must cross the street before boarding or

after exiting the vehicle. The final rule

identified the required features for

allowable alternate vehicles and school

buses under its definitions, Section

1310.3.

Section 1310.11(d) (re-designated as

Section 1310.14 in the final rule)

Section 1310.11(d)(1) (re-designated as

Section 1310.14 in the final rule)

Paragraph (d)(1) required Head Start

agencies to assure that vehicle

specifications are correctly provided

and that the intended use is identified

in bid announcements.

Comments. Respondents requested

that bus specifications and purchase

procedures be provided by the Head

Start Bureau.

Response. Requirements for vehicles

to be used in Head Start transportation

services are defined in the final rule

either explicitly or through reference to

other requirements, such as provisions

of the FMVSS. Grantees can comply

with the requirement to ensure that bid

solicitations include correct vehicle

specifications by citing or restating the

relevant requirements of these

regulations, as well as any applicable

State requirements. Since the relevant

Federal specifications are set forth in

the regulations, no changes were made

to the final rule.

Section 1310.11(d)(2) (re-designated as

Section 1310.14 in the final rule)

Section 1310.11(e) (re-designated as

Sections 1310.12(a) and (b) in the final

rule)

Paragraph 1310.11(e) specified that

existing vehicles not compliant with the

FMVSS and the minimum capacity

requirement must be replaced within a

three-year period. It also reminded

readers that, in accordance with 42

U.S.C. 9839(g)(2)(c), Head Start funds

may be used for capital expenditures to

purchase buses.

Comments. Many respondents

objected to the three-year phase in

period as far shorter than the useful life

of some vehicles. Several individuals

suggested periods between five and ten

years as more accomplishable and

reasonable.

Response. Head Start agencies that are

transporting children enrolled in their

programs in vehicles which do not meet

the requirements under Section 1310.12

should consider replacing those

vehicles with compliant vehicles as

soon as possible. The allowable limit for

vehicle replacement has been extended

to five years in order to accommodate

the useful life of vehicles that are

relatively new at the time the rule is

published. Also, the wording of the final

regulation has been changed to require

that each agency providing

transportation services must transport

children enrolled in its programs in

school buses or allowable alternate

vehicles that are equipped for use of

height and weight appropriate child

restraint systems, and that have reverse

beepers. It should be noted that existing

vehicles which cannot be equipped to

safely accommodate child restraint

systems must be replaced within three

years of publication of the final rule. We

recognize that in a minority of cases this

could necessitate vehicle replacement

before the full five year period expires

or the vehicle’s useful like is completely

exhausted. This constitutes a reasonable

compromise because it will affect

relatively few vehicles, three years is an

adequate amount of planning time, and

restraint systems are essential to child

passenger safety. The implementation of

child restraint systems should occur as

quickly as is reasonably possible.

Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations 5305

Paragraph (b) was added to the final

rule to clarify that, beginning thirty days

after publication of the rule, vehicles

purchased with Head Start funds for use

transporting children must meet the

requirements of paragraph (a).

The language reminding readers that

Head Start funds may be used for capital

expenditures including buses was

deleted as it appears elsewhere (as

referenced above) and it is not directly

a part of this regulation.

Section 1310.11(f) and (h) (combined

and re-designated as Section 1310.15(a)

in the final rule)

Paragraph (f) proposed that all

passengers on a Head Start vehicle be

seated while it is in motion. Paragraph

(h) proposed that bus drivers, monitors

and other passengers must wear seat

belts when the vehicle is in motion.

Comments. Two respondents stated

that bus monitors may need to attend to

children while the bus is moving and

therefore might not be able to remain

seated.

Response. While the vehicle is in

motion, all children and adults must be

wearing appropriate safety restraints. In

the event of an emergency while the bus

is moving, the monitor may need to

unfasten his or her seatbelt and move to

assist a child. The language in the final

rule was changed slightly to require

that, other than a monitor assisting a

child, all passengers must remain seated

and use appropriate safety restraints

while the vehicle is in motion.

Section 1310.11(g) (re-designated as

Section 1310.10(e) in the final rule)

Paragraph (g) stated that the use of

auxiliary seating was prohibited.

Comments. Several respondents

objected to the prohibition against

auxiliary seating in wheelchair lift

equipped vehicles or adjacent to an

emergency door.

Response: The NPRM did to intend to

prohibit correctly installed auxiliary

seating. The final rule clarifies that all

seats must be permanent and pass

inspection.

Section 1310.11(i) (re-designated as

Section 1310.15(a) in the final rule)

The NPRM indicated that children

weighing less than 50 pounds should be

seated using child safety restraint seats.

Comments. There were few responses

to this item. One respondent objected to

the cost and space implications of child

safety seats, saying that installing the

seats would reduce seating capacity by

a third. Another respondent suggested

that transportation staff training in the

correct use of transportation safety seat

use be required in the final rule. A final

respondent expressed concern that use

of child restraint systems would delay

the evacuation of children in an

emergency.

Response. Because the National

Highway Traffic Safety Administration

Guideline for the Safe Transportation of

Preschool Children in School Buses

concludes that children weighing 50

pounds or less are most safely

transported on school buses when they

are seated in age- and weightappropriate restraint systems, this

requirement was retained with explicit

reference to the 50-pound requirement

(National Highway Traffic Safety

Administration, 1999). It is expected

that programs will make sure

transportation staff receive instruction

in the correct use of the child restraint

system. There are more child restraint

systems and more vehicle

configurations than were available when

the NPRM was published in 1995. The

three year implementation period for

child safety seats and the five year

period for vehicle implementation was

designed to provide planning time for

grantees with regard to issues such as

seat spacing. The final rule requires

vehicles transporting Head Start

children to be equipped with seat belt

cutters which could be used to speed

the evacuation of children in an

emergency.

Section 1310.11(j) (re-designated as

Section 1310.15(b) in the final rule)

Section 1310.11(k) (re-designated as

Section 1310.13 in the final rule)

Section 1310.11(k)(1) (re-designated as

Section 1310.13(a) in the final rule)

This standard proposed a thorough

safety inspection of each vehicle at least

annually through a State licensed or

operated inspection system.

Comments. One response objected

that the requirement is too prescriptive,

another suggested it should specifically

identify inspection components, a third

voiced concern that the rule would

conflict with State regulations and a

final respondent stated unconditional

support.

Response. Regular vehicle inspections

are an integral element of safe

transportation services. As provided in

section 1310.2(a) of the final rule, this

provision will apply except when there

is an applicable State or local

requirement that sets a higher standard.

Section 1310.11(k)(2) (re-designated as

Section 1310.13(b) in the final rule)

Section 1310.11(k)(3) (re-designated as

Section 1310.13(c) in the final rule)

Section 1310.12—Driver Qualifications

(re-designated as Section 1310.16 in the

final rule)

Section 1310.12(a) (re-designated as

Section 1310.16(a) in the final rule)

Section 1310.12(a)(1) (deleted from the

final rule)

Paragraph (a)(1) addressed Head Start

transportation service driver

qualifications. The proposed

requirement was that drivers be at least

21 years of age.

Comments. Several people wrote that

they currently use drivers who are

eighteen or nineteen years and older as

is allowable in their States. Others

strongly supported that drivers be at

least 21 years old.

Response. The minimum age

requirement was removed from the final

rule. The final regulation requires that

all drivers of vehicles providing Head

Start transportation possess Commercial

Drivers Licenses and meet physical and

other requirements.

Section 1310.12(a)(2) (re-designated as

Section 1310.16(a)(1) in the final rule)

Paragraph (a)(2) listed the

requirement that drivers providing Head

Start transportation possess a

Commercial Driver’s License (CDL).

Comments. The majority of objections

were to the cost implications of having

current drivers obtain and meet the

ongoing requirements for the CDL.

Several respondents were also

concerned that the wages paid to Head

Start drivers are not competitive with

public school bus drivers or commercial

truck drivers. One writer objected that

the CDL requirement is ‘‘just a way to

ensure that all Head Start drivers are

drug and alcohol tested.’’ A few

respondents were concerned about the

implications of the CDL requirement for

the Home-based program option.

Response. The Commercial Driver’s

License requirements establish a

driver’s qualifications to operate the

appropriate class of passenger vehicle.

The CDL is viewed as the best assurance

that drivers will meet essential

minimum standards. The final rule

retains the CDL requirement in States

where such licenses are granted. All

operators of commercial motor vehicles

are required to have CDLs. Commercial

motor vehicles include vehicles

designed to carry 16 or more passengers,

including the driver. Many States have

extended the inclusion to all vehicles

used to provide pupil transportation. To

5306 Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations

obtain a CDL, vehicle operators must

pass written and driving tests in

accordance with Federal Standards for

the vehicle the person intends to

operate. The knowledge test includes

such topics as proper procedures for

loading and unloading passengers,

proper response to emergencies, proper

response at railroad crossings and

proper braking procedures. The skills

test requires applicants to demonstrate

basic vehicle control, safe driving, and

air brake skills. The topics addressed by

the CDL tests are deemed essential for

operators of vehicles transporting

children. The cost of transportation

services may increase as current

transportation providers employ drivers

with CDLs to meet the requirements of

this part. However, many providers

already employ CDL drivers as is

required by their State. Grantees and

delegate agencies will need to assess

current practice and make training and

budget plans accordingly.

Home-based programs are encouraged

to use drivers with CDL’s to provide

child transportation services, however,

home-based programs are excluded from

the vehicle type, driver qualification

and bus monitor provisions of this

regulation. Incidental transportation is

not included under the provisions of

this Part.

Section 1310.12(a)(3) (re-designated as

Section 1310.16(a)(2) in the final rule)

Paragraph (a)(3) proposed that drivers

meet physical, mental, moral, and other

requirements established by Federal and

State regulations, including rules

regarding drug and alcohol use.

Comments. The majority of

respondents emphasized the importance

of drug and alcohol testing. Some

objected to the term ‘‘moral

requirements’’ as too subjective.

Response. We agreed with writers that

the word ‘‘moral’’ is subject to variable

interpretation and it was deleted from

the final rule.

Section 1310.12(b) (re-designated as

Section 1310.16(b) in the final rule)

Paragraph (b) proposed that each

Head Start agency establish its own

applicant screening procedure and

system for informing applicants of

required background checks. Criteria for

the rejection of applicants not meeting

the requirements would also be

established.

Comments. There were two

respondents who indicated that their

current background check procedures

are adequate. Several comments

supported the importance of

background checks as part of applicant

screening.

Response. Driver background checks

are an important element of safe

transportation services. Some agencies

will find that they already meet the

requirements of the rule and others will

need to establish or improve their

systems. This section remains

unchanged in the final rule.

Section 1310.12(c) (re-designated as

Section 1310.16(b)(1) in the final rule)

Section 1310.12(c)(1) (re-designated

under Section 1310.16(b) in the final

rule)

Paragraph (c)(1) proposed that

applicant screening procedures include

an application that provides

employment history, educational

background, and personal references.

There were no significant comments to

this section. However, paragraph (c)(1)

was removed and the introductory

language in (c) edited to include a

reference to 45 CFR 1304.52(b)(1),

which contains requirements for staff

recruitment and selection.

Section 1310.12(c)(2) (re-designated

under Section 1310.16(b) in the final

rule)

This paragraph required an interview

and screening procedure to help

establish that an applicant is ‘‘of good

moral character’’ and does not abuse

drugs or alcohol.

Comments. Writers objected to the

phrase ‘‘good moral character’’ as

subjective and ambiguous.

Response. We agree that the term

‘‘good moral character’’ is difficult to

define and it was deleted from the final

rule. The required physical, interviews

and background checks will help

identify any candidate who fails to meet

established employment criteria. In the

interest of accuracy and inclusiveness,

the term ‘‘State Department of Motor

Vehicles’’ was changed to the final rule

to ‘‘appropriate State agency.’’

Section 1310.12(c)(4) (re-designated as

Section 1310.16(b)(3) in the final rule.)

This section proposed that drivers

have physical examinations.

Comments. Writers were generally

supportive of physical examinations for

bus drivers.

Response. This provision has been

rewritten to require that after a

conditional offer of employment and

before the applicant begins work as a

driver, a medical examination must be

performed by a licensed doctor of

medicine or osteopathy to establish that

the individual possesses the physical

ability to perform any job-related

functions with any necessary

accommodations. The wording of the

provision was changed to make the

provision consistent with the

requirements of the Americans with

Disabilities Act.

Section 1310.13—Driver Training (redesignated as Section 1310.17 in the

final rule)

Section 1310.13(a) (re-designated as

Section 1310.17(a) in the final rule)

Paragraph (a) in the NPRM required

that driver training plans include both

pre-service and annual in-service

training programs.

Comments. There were not comments

specifically applicable to paragraph (a).

Comments on other sections reflected a

need to clarify the requirements in this

section.

Response. The provision was reworded in the final rule to clarify that

drivers must receive training prior to

operating a vehicle and annually

thereafter. The words ‘‘pre-service’’ and

‘‘in-service’’ were replaced to reflect the

growing number of twelve month

programs.

Section 1310.13(b)(1) (re-designated as

Section 1310.17(b) in the final rule).

The section proposed that drivers

transporting Head Start children receive

a minimum of 40 hours of skills training

prior to providing transportation and

outlined specific skill areas.

Comments. This area attracted

multiple comments objecting to the 40

hour pre-service requirement on the

grounds it is excessive and

unreasonable. Others stated that the preservice training regulation is

substantially more than their State

requires for public school drivers.

Another respondent raised the practical

difficulty of providing 40 hours of preservice training to a driver hired during

the program year, rather than at the

beginning.

Response. We agree with the

respondents who wrote the 40 hours of

pre-service training may, in some cases,

be more than necessary. Per respondent

recommendation, the language in the

final rule has been changed to require

training topics, rather than hours. Each

program will decide on the number of

hours necessary to effectively cover the

required material. The required content

of training remains unchanged and

programs are expected to design training

plans that will include the required skill

areas.

Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations 5307

Section 1310.13(b)(1)(i)–(vii) (redesignated as Section 1310.17(b)(1)–(7)

in the final rule)

Section 1310.13(b)(2)(i)–(iii) (redesignated as Section 1310.17(b)(2) and

(c) in the final rule)

Paragraphs (b)(2)(i)–(iii) specified preservice training in addition to the

previously listed skills training.

Comments. Respondents again

objected to the time requirement for preservice training.

Response. The final rule has been

modified to allow the non-skills based

training to occur in accordance with the

agency’s driver training plan. This

allows programs to design and deliver

training that is effective and efficient in

meeting individual program needs.

Section 1310.13(c)(2) (re-designated

under Section 1310.17 in the final rule)

Section 1310.13(c)(1) and (2) (deleted

from the final rule)

These items proposed eight hours of

in-service training annually to maintain

and enhance driver skills.

Comments. Respondents were evenly

split on whether eight hours would

constitute too much or too little inservice driver training.

Response. The final rule specifies

content requirements for in-service

training and leaves decisions

concerning the number of hours of

training to individual Head Start

agencies. Sections 1310.13(c)(1) and (2)

were deleted from the final rule.

Section 1310.13(d) (re-designated as

Section 1310.17(e) in the final rule)

Section 1310.13(e) (re-designated as

Section 1310.17(f) in the final rule)

Section 1310.13(f) (Re-designated as

Section 1310.17(a) in the final rule)

Paragraph (f) stated that drivers of

vehicles that transport Head Start

children employed on the effective date

of this regulation must meet the preservice training as new drivers within

three months of that date.

Comments. There were several

comments suggesting that three months

is insufficient to provide the required

training for existing drivers.

Response. There are two changes in

the final rule that address the above

concerns and provide time requirement

relief. The first is that the rule identifies

training topic requirements, but leaves

decisions about the amount of training

time necessary to the grantee. The

second is that the time to train currently

employed drivers has been extended

from three months from the provisions’

effective date to one year and 90 days

from that date. This change will allow

agencies to use their regularly

scheduled staff training to provide the

required driver training. Programs are

expected to provide the required

training to drivers as quickly as

possible.

Section 1310.13(g) (re-designated as

Section 1310.17(f)(1) in the final rule)

Paragraph (g) specified that Head Start

drivers must be evaluated annually by

the transportation supervisor and that

the evaluation must include an on-board

observation of driving performance.

Comments. Respondents requested

that the wording be changed from

‘‘transportation supervisor’’ to

‘‘supervisor’’ to allow local flexibility in

performing this function.

Response. While the supervisory

functions outlined for transportation

services in the NPRM remain, the

requirement for a ‘‘transportation

supervisor’’ has been deleted. We

anticipate that most programs directly

providing transportation services will

employ a full- or part-time person to

supervise transportation services. Some

programs may elect to assign the

supervisory responsibilities to an

existing position. Agencies that use

another organization or an individual

for transportation services will monitor

a contract or agreement that requires the

contractor to perform driver

supervision.

Section 1310.13(h) (re-designated as

Section 1310.17(f)(2) in the final rule)

Paragraph (h) proposed that programs

should provide the same pre- and inservice training to bus monitors that

they provide for drivers.

Comments. Many respondents

objected to this requirement on the basis

that bus monitors are often volunteers

who would not be amenable or available

for this training. Some respondents also

indicated that it is not necessary that

bus monitor training be as rigorous as

driver training.

Response. The final rule was changed

to state that programs must specifically

provide bus monitors with training in

the areas of: child boarding and exiting

procedures, use of child restraint

systems, responding to emergencies,

emergency evacuation procedures, use

of special equipment, required

paperwork, child pick up and release

procedures and pre- and post-trip

vehicle checks (e.g., ensure that there

are no safety hazards and that no child

is left on the bus). The burden of the

requirement has been eased by

eliminating the requirement that

monitors receive exactly the same

training as drivers. The provisions

identifies types of training that monitors

must receive to ensure that safetyrelated topics are included.

Section 1310.20—Trip Routing

Section 1310.20(b)(1)

This paragraph proposed limiting the

transit time for a child to or from Head

Start to no more than one-hour unless

there is express written approval from

the Regional Office.

Comments. Several writers stated that

the one-hour limit is unrealistic or even

impossible in rural areas.

Response. We acknowledge that

limiting bus routes to one-hour is

problematic in some areas. We wish to

stress that children should spend the

shortest amount of time possible on the

Head Start vehicle given the routing

safety parameters outlined in Section

1310.20(a) and the geography of the

service area. The language in the final

rule has been modified to allow greater

flexibility.

Section 1310.20(b)(2)

The NPRM proposed that vehicles

transporting Head Start children may

not be loaded beyond capacity at any

time.

Comments. A few respondents

proposed that, because preschool

children are ‘‘small,’’ three could be

seated per bench even though this

exceeds the vehicle’s posted capacity.

Response. All children receiving Head

Start transportation must be seated with

a size-appropriate safety restraint in a

manufacturer designated seat. The final

rule retains the stipulation that at no

time may vehicle capacity be exceeded.

The wording of the provision has been

changed by eliminating the first

sentence of the proposed rule to clarify

the requirement.

Section 1310.20(b)(3)

The proposed rule stated that vehicles

should not be required to back up or

perform ‘‘U’’ turns during routes.

Comments. Some respondents

objected on the grounds that there may

be situations (e.g., roads with no outlet)

when a three-point or ‘‘U’’ turn is

required. It as noted that prohibiting

‘‘U’’ turns could result in more need for

children to cross the street. Finally, a

contradiction between the preamble’s

prohibition of ‘‘U’’ turns and this

section’s use of the term ‘‘should not’’

was identified.

Response. The final rule emphasizes

that vehicles must not be required to

back up on their routes or make ‘‘U’’

turns, except when necessary for

reasons of safety or because of physical

barriers. Every effort to avoid these

maneuvers must be made through route

planning. Extreme caution must be used

5308 Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations

in negotiating ‘‘U’’ turns, backing up, or

three point turns.

Section 1310.20(b)(4)–(6)

These paragraphs proposed that Head

Start vehicle stops should: be located to

minimize traffic disruptions and allow

the driver a good field of view in front

of and behind the vehicle; and minimize

the need for children to cross the street

to board or leave the vehicle. In

addition, the section proposed that if

children must cross the street or

highway after boarding or exiting the

vehicle, they must be escorted across

the street by the driver, bus monitor, or

another adult, and that under no

circumstances may a school bus stop be

located in a way that children must

cross the street or highway unless the

vehicle is equipped to stop traffic as

described in the proposed section

1310,.11(c)(1)–(5).

Comments. Respondents strongly

objected to a driver leaving the vehicle

to accompany a child across the street.

It was also noted that some States

prohibit flashing red lights in urban

areas.

Response. We agree that under no

circumstance should a driver leave the

vehicle to escort a child across the street

and have changed the final rule to so

state. The requirement for equipping

school buses with flashing red lights

and other exterior features proposed in

section 1310.11(c)(1)–(5) has been

withdrawn from the final regulation.

The bus monitor or another adult must

accompany every child boarding or

exiting the bus. The word ‘‘should’’

which appeared in the NPRM was

changed to ‘‘must’’ to clarify that this is

a requirement and not a

recommendation.

Section 1310.20(b)(7)

The section proposed establishment

of specific procedures in the event

alternate routes are required by

hazardous weather or other situations.

Comments. Respondents requested

clarification of the NPRM phrase ‘‘or

other situations which may arise that

could affect the safety of the children en

route.’’

Response. The final rule, while

recognizing that every contingency

cannot be anticipated, has listed several

events that could lead to the need to

find a different route. The intent is to

assure that there are specific procedures

in place in the event unplanned rerouting is required by any situation.

Possible hazards, in addition to weather

conditions such as ice or water build

up, include water or natural gas line

breaks, emergency road repair, natural

disaster damage caused by earthquake,

tornado, or flood, a motor vehicle

accident, a building fire, or a crime

scene.

Section 1310.21—Safety Education

Section 1310.21(a)

This requirement proposed that Head

Start programs should provide

pedestrian safety training to caregivers

and children who do not receive Head

Start transportation.

Comments. All respondents

supported this section. It was noted that

programs will need to use careful

practices to emphasize that preschool

age children should not be crossing the

street alone. Also, there was a

suggestion that the phrase ‘‘as

developmentally appropriate’’ be

included in the section.

Response. We have re-worded the

final rule slightly to emphasize that

preschool children must not cross the

street alone. We have also specified that

pedestrian safety teaching must be

appropriate for each child’s

development. Finally, we removed

specific content requirements so

grantees may design training to meet

individual community needs and

conditions.

Section 1310.21(b)(1)–(5)

Paragraph (b) identified the safety

instruction that Head Start programs

would be required to provide to

children transported to and from the

program.

Comments. Comments were

submitted suggesting the safety

education be included in the daily

lesson plan and that nationally

produced videos be supplied for

programs to use for safety instruction.

Response. The final rule remains

unchanged except that the term ‘‘bus’’ is

changed to ‘‘vehicle’’ to clarify

applicability to various transportation

possibilities. The rule defines the

content safety teaching must include,

but leaves the method to the local

program.

Section 1310.21(c) (re-designated

Section 1310.21(c)(1) in the final rule)

Section 1310.21(e) (re-designated as

Section 1310.21(c)(2) in the final rule)

Paragraph (e) proposed that child and

caregiver safety training should occur

within the first five days of the program

year.

Comments. There were many

objections that the five-day time limit is

unreasonable and, in some cases,

impossible.

Response. As suggested by

respondents, the final rule was modified

to allow that safety instruction must

occur within the first thirty days of the

program year.

Section 1310.21(f) (re-designated as

Section 1310.21(d) in the final rule)

This section proposed that a

minimum of two bus evacuation drills

per year in addition to the one required

under section 1310.21 (b)(5) be required.

Comments. The comments ranged

from recommending monthly

evacuation drills to suggesting that the

drills themselves could pose a safety

risk and are unnecessary.

Response. The requirement is

consistent with the pupil transportation

regulations in many States and,

therefore, remains unchanged in the

final rule.

Section 1310.21(g) (re-designated as

Section 1310.21(e) in the final rule)

Paragraph (g) proposed that teachers

should develop daily activities to

remind children of the safety

procedures.

Comments. Some respondents

questioned the need for daily lessons.

Response. The final rule requires staff

to make safety reminders an integral,

developmental and individualized part

of program experiences rather than a

discrete, daily, directly instructed

lessons. The word ‘‘should’’ was

replaced by ‘‘must’’ because passenger

and pedestrian safety awareness are

essential elements of safe transportation

service. Based on data indicating that

most school bus related fatalities occur

when a child is in the loading zone,

NHTSA states that ‘‘educating children

on how to be safe pedestrians is

fundamental to school bus safety’’

(School Bus Safety: Safe Passage for

America’s Children, p.7)

Section 1310.22—Children With

Disabilities

This section of the NPRM specified

that transportation services to children

with disabilities enrolled in Head Start

comply with the Head Start

performance Standards on Service for

Children with Disabilities.

Comments. There were no significant

comments to this section of the

regulation. Other sections provoked

concerns that the proposed rule would

require all vehicles used for Head Start

transportation be wheelchair accessible.

Response. Head Start and Early Head

Start programs are currently obligated to

meet the requirements of the Americans

with Disabilities Act, Head Start

Performance Standards on Services for

Children with Disabilities and Section

504 of the Rehabilitation Act of 1973.

Under these regulations they must

accommodate the special needs of

Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations 5309

children with disabilities. Paragraph (a)

of this section in the final rule was

amended to clarify that Head Start

transportation services must be

accessible and that children with

disabilities should be transported on

vehicles that meet the requirements for

school buses or allowable alternate

vehicles. Transportation provided under

the home-based option is excepted from

this provision unless the agency uses

school buses or allowable alternate

vehicles to transport other children

enrolled in the home-based option. This

exception has been created because it

may not always be possible to ensure

that when the agency does not regularly

use school buses or allowable alternate

vehicles to transport children receiving

home-based services that an accessible

school bus or allowable alternate

vehicle will be available from another

source when needed. The rule also

specifies that, whenever possible,

children with disabilities should be

transported on the same vehicles used

to transport other children in the

program.

Section 1310.23—Coordinated

Transportation

Section 1310.23 (a)(1) (re-designated

under Section 1310.23(a) and

1310.23(b)(1) in the final rule)

Paragraphs (a) and (a)(1) proposed

that Head Start grantees coordinate

transportation resources with other

human service agencies whenever

possible to maximize access and

efficiency. Agencies would be required

to provide an analysis of the cost of

providing transportation directly versus

contracting for the service.

Comments. Many respondents cited

examples of difficulties obtaining

transportation services from other

providers. In particular, it was noted

that while public schools might like to

transport Head Start children, they

rarely have space available on their

buses. Finally, respondents noted that

the vehicles used by other human

service agencies would likely not meet

Head Start vehicle requirements.

Response. The NPRM was prefaced

with the phrase ‘‘whenever possible and

to the extent feasible.’’ It is understood

that the opportunities for coordinated

transportation services will vary across

communities. The final rule was

changed to clarify transportation

coordination activities in which Head

Start transportation providers will

participate whenever possible. The

phrase ‘‘coordinate transportation

services as follows’’ was deleted from

the final rule as it is unnecessary.

Section 1310.23(a)(3) (re-designated as

§ 1310.23(b)(3) in the final rule)

The NPRM stated that where no

coordinated transportation system exists

in a community, the Head Start grantee

should make every effort to provide the

impetus for the formation of a

transportation coordinating council.

Comments. Respondents suggested

that the language needs to more strongly

emphasize recognition that, with the

exception of the local education agency

(LEA), Head Start may be the only

transportation service provider

operating in some communities.

Response. The phrases ‘‘make every

effort’’ and ‘‘where feasible’’ in the

NPRM were intended to reflect

responsiveness to individual

community needs. The requirement in

the final rule specifies that when there

is no coordinated transportation system,

Head Start agencies will identify any

other agencies providing transportation

and support the establishment of a local

transportation coordinating council

where reasonable.

Section 1310.23(a)(4) (deleted from the

final rule)

This item specified that records be

maintained to document compliance

with the coordination requirements.

Comments. Respondents objected to

keeping additional records.

Response. We agree with the

respondents that this paragraph posed

an unnecessary burden and have

deleted it from the final rule. However,

programs are expected to support the

continuity and efficiency of community

transportation whenever possible.

VI. Impact Analysis

Executive Order 12866

Executive Order 12866 requires that

regulations be drafted to ensure that

they are consistent with the priorities

and principles set forth in this

Executive Order. The Department has

determined that this rule is consistent

with these priorities and principles.

This final rule implements the statutory

authority to promulgate regulations for

the safe transportation of Head Start

children.

Congress made no additional

appropriation to fund this new

authority, however, and so any money

spent toward the purchase of vehicles,

additional personnel, training or other

purposes related to this regulation is

money that would have been spent

otherwise by the program or other

programs from the same appropriation

amount. We believe that we have

focused these rules in ways that

encourage maximum cost-effectiveness

in transportation spending decisions.

Executive Order 13132

Executive Order 13132 on Federalism

applies to policies that have federalism

implications, defined as ‘‘regulations,

legislative comments or proposed

legislation, and other policy statements

or actions that have substantial direct

effects on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government.’’ This rule

does not have federalism impacts as

defined in the Executive Order.

The Head Start Bureau surveyed the

States to determine the applicability of

State pupil transportation regulations to

the Head Start program and learn about

each States pupil transportation system.

The Bureau also consulted extensively

with Head Start programs and the

Department of Transportation in the

development of the regulation.

Family Well-Being Impact

As required by Section 654 of the

Treasury and General Government

Appropriation Act of 1999, we have

assessed the impact of this final rule on

family well-being. This rule will

improve the safety of preschool children

being transported to and from Head

Start programs and promote pedestrian

and passenger safety training to adults

and children.

Regulatory Flexibility Act of 1980

The Regulatory Flexibility Act (5

U.S.C. 601 et seq.) requires the Federal

government to anticipate and reduce the

impact of rules and paperwork

requirements on small businesses. For

each rule with a ‘‘significant economic

impact on a substantial number of small

entities’’ an analysis must be prepared

describing the rule’s impact on small

entities. Small entities are defined by

the Act to include small businesses,

small non-profit organizations and small

governmental entities. These regulations

would affect small entities. However, it

should be noted that many Head Start

agencies already provide transportation

services in accordance with State and

local requirements. Furthermore, the

increased costs associated with

implementing this regulation’s

provisions are small and well within

grantees’ capacity to manage. The total

estimate of $18.9 million, less than onethird of one-percent of Head Start’s

annual budget, is comprised of three

requirements. These are: $4.8 million to

employ additional bus monitors for

those relatively few programs currently

operating vehicles without monitors;

5310 Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations

$10 million to recruit and retain

qualified bus drivers with Commercial

Driver’s Licenses for programs currently

using drivers without the credential;

and $4.1 million to purchase child

safety restraint systems. ACF

acknowledges that compliant vehicles

can, in some cases, be more costly than

non-compliant vehicles. However, these

additional costs are generally offset by

the fact that compliant vehicles may last

longer, accommodate more children,

and incur lower insurance costs than

non-compliant vehicles.

Currently, approximately 75 percent

of all programs offer transportation

services to some or all of their enrolled

children and about 53 percent of all

Head Start enrolled children receive

transportation services. It is not

anticipated that the implementation of

the rule will cause any significant

change in the numbers of children being

transported.

We believe that meeting the

requirements of this regulation is

feasible and will not impose excessive

burden because we are providing a fiveyear phase-in period for compliance

with vehicle requirements, a three-year

compliance period for child safety

restraint systems, and a twelve-month

compliance period for other provisions

of the rule. The five-year

implementation period was adopted in

response to comments elicited by the

NPRM indicating that the useful life of

a vehicle may be longer than the three

years proposed in the NPRM. Therefore,

the potential financial burden posed by

the regulation will be significantly offset

by avoiding the premature replacement

of vehicles. The five-year period is

further supported by the fact that 20–30

percent of the vehicles operated by

Head Start are replaced each year. The

rule offers ample margins to absorb the

useful life of most existing vehicles. The

financial burden on Head Start agencies

that acquire vehicles meeting the

standards in these regulations is further

eased by a provision in the Head Start

Act which authorizes the Secretary to

allow Head Start grantees to use grant

funds to pay the cost of amortizing the

principal and the interest on loans to

finance the purchase of vehicles (42

U.S.C. 9839(g)(2)(C)). Finally, grantees

have been instructed for several years to

purchase only conforming vehicles with

Federal funds, so the majority of

vehicles in the existing fleet are school

buses or qualify as allowable alternate

vehicles. For the reasons outlined

above, no additional costs are

anticipated related to vehicle

replacement.

The potential burden imposed by the

transportation regulation’s requirement

for bus monitors is lessened by the fact

that Head Start agencies that directly

operate transportation services already

employ more than 7,500 bus monitors.

Many other organizations providing

transportation services to children

enrolled in Head Start also currently,

either voluntarily or in response to State

or local regulation, staff vehicles

providing transportation to Head Start

and Early Head Start agencies with bus

monitors in addition to the driver. This

part of the regulation has a three-year

implementation period to ease the

impact by providing planning time for

transportation providers not currently

employing or using volunteer bus

monitors. In addition, many bus

monitors fulfill dual roles, such as

kitchen aide or teacher aide and bus

monitor. This may be financially

advantageous to both the employee and

the employer and represents a

mechanism to further reduce the impact

of the provisions.

The regulation specifies that agencies

must offer transportation assistance to

families when transportation services

are not provided through the Head Start

program. This requirement is consistent

with section 1304.41(a)(2) which directs

grantee and delegate agencies to

‘‘promote the access of children and

families to community services that are

responsive to their needs * * *’’

Because such assistance is an integral

element of the ongoing work of grantees

and delegate agencies, the provision

poses no additional burden.

The decision to require two-way

communication capacity on vehicles

was carefully weighed in consideration

of both its contributions to improved

safety and increased cost. Many vehicles

that transport children are now supplied

with two-way communication devices.

While the requirement represents an

expense for some operators, the

flexibility regarding type of equipment

and the steadily decreasing cost for

communication equipment suggest a

minimal financial burden.

Head Start and Early Head Start

grantees and delegate agencies that

currently rely on drivers who do not

possess Commercial Drivers Licenses

(CDLs) may find an increased cost

associated with recruiting and retaining

drivers with that license or retaining

transportation services from another

organization that supplies drivers with

CDLs. However, in 1993, the

Administration for Children and

Families issued an Information

Memorandum (ACYF–IM–9310)

advising Head Start grantees and

delegate agencies of the requirement

that any vehicle designed to carry 16 or

more passengers must be operated by a

driver with a CDL. Many drivers

providing Head Start transportation

services currently possess CDLs and

there is not an anticipated increase in

the overall number of drivers, therefore;

the burden of the provision is

diminished.

Substantial attention was dedicated to

assessing alternative methods for

improving transportation safety through

channels other than the provisions of

this regulation. Extensive research, the

strongly worded recommendations of

the National Transportation Safety

Board and Head Start’s 35-year history

providing transportation services to very

young children guided development of

each of the regulation’s provisions.

For example, some respondents

suggested that the adult-to-child ratio

while children are being transported

should be the same as the one required

in Head Start classrooms. That would

result in, depending on the children’s

ages, between one adult for every nine

children and one adult for every four

children. Another commenter indicated

that bus monitors are not necessary at

all as the driver can handle vehicle

operation and child safety needs

without assistance. The decision to

require a minimum of one bus monitor

per vehicle ensures that children’s

safety needs will be met, the driver can

focus primarily on operating the

vehicle, and that the burden is

reasonable. One monitor is considered

adequate during transportation, but not

in the classroom, because children are

not mobile while riding the vehicle and

the space is contained. The NPRM

provisions required the exclusive use of

vehicles meeting the Federal standards

for a school bus in providing Head Start

transportation services. The provision

was modified in the final rule to permit

the use of an allowable alternate

vehicle. The alternate vehicle provides

a higher degree of flexibility for

transportation providers and is

responsive to many of the comments

elicited by the NPRM.

We believe that as Head Start agencies

become more familiar with these

requirements, any additional burden

will be rendered less significant through

the improved transportation safety for

Head Start children. For these reasons,

the Secretary certifies that these rules

will not have a significant impact on

substantial numbers of small entities.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

(Pub. L. 104–4) requires agencies to

prepare an assessment of anticipated

costs and benefits before proposing any

rule that may result in an expenditure

by State, local, and tribal governments,

Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations 5311

in the aggregate, or by the private sector,

of $100,000,000 or more in any one year

(adjusted annually for inflation). This

rule does not impose any mandates on

State, local, or tribal governments, or the

private sector that will result in an

expenditure of $100,000,000 or more in

any one year. Resources presently

allocated by Head Start programs for

transportation services are substantial

and may be supplemented as necessary

to meet additional requirements posed

by the rule over the course of the

implementation period.

Congressional Review

This rule is not a major rule as

defined in 5 U.S.C., Chapter 8.

Paperwork Reduction Act

Under the Paperwork Reduction Act

of 1980, Public Law 96–511, all

Departments are required to submit to

the Office of Management and Budget

(OMB) for review and approval any

reporting or record-keeping requirement

inherent in a proposed or final rule.

This final rule contains no new

information collection requirements.

List of Subjects in 45 CFR Part 1310

Head Start, Reporting and

recordkeeping requirements,

Transportation.

(Catalog of Federal domestic Assistance

Program Number 93.600, Project Head Start)

Dated: September 6, 2000.

Olivia A. Golden,

Assistant Secretary for Children and Families.

Approved: October 11, 2000.

Donna E. Shalala,

Secretary.

For the reasons set forth in the

Preamble, 45 CFR Chapter XIII is

amended by adding Part 1310 as

follows:

PART 1310—HEAD START

TRANSPORTATION

Subpart A—General

Sec.

1310.1 Purpose.

1310.2 Applicability.

1310.3 Definitions.

Subpart B—Transportation Requirements

1310.10 General.

1310.11 Child Restraint Systems.

1310.12 Required use of School Buses or

Allowable Alternate Vehicles.

1310.13 Maintenance of vehicles.

1310.14 Inspection of new vehicles at time

of delivery.

1310.15 Operation of vehicles.

1310.16 Driver qualifications.

1310.17 Driver and bus monitor training.

Subpart C—Special Requirements

1310.20 Trip routing.

1310.21 Safety education.

1310.22 Children with disabilities.

1310.23 Coordinated transportation.

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

Subpart A—General

§ 1310.1 Purpose.

Under the authority of sections 640(i)

and 645A(b)(9) of the Head Start Act (42

U.S.C. 9801 et seq.), this part prescribes

regulations on safety features and the

safe operation of vehicles used to

transport children participating in Head

Start and Early Head Start programs.

Under the authority of sections 644(a)

and (c) and 645A(b)(9) of the Head Start

Act, this part also requires Head Start,

Early Head Start, and delegate agencies

to provide training in pedestrian safety

and to make reasonable efforts to

coordinate transportation resources to

control costs and to improve the quality

and the availability of transportation

services.

§ 1310.2 Applicability.

(a) This rule applies to all Head Start

and Early Head Start agencies, and their

delegate agencies (hereafter, agency or

agencies), including those that provide

transportation services, with the

exceptions provided in this section,

regardless of whether such

transportation is provided directly on

agency owned or leased vehicles or

through arrangement with a private or

public transportation provider.

Transportation services to children

served under the home-based Option for

Head Start and Early Head Start services

are excluded from the requirements of

45 CFR 1310.12, 1310.15(c), and

1310.16. Except when there is an

applicable State or local requirement

that sets a higher standard on a matter

covered by this part, agencies must

comply with requirements of this part.

(b) Sections 1310.12(a) and 1310.22(a)

of this part are effective January 18,

2006. Sections 1310.11 and 1310.15(c)

of this part are effective January 20,

2004. Paragraph (c) of this section and

§ 1310.12(b) of this part are effective

February 20, 2001. All other provisions

of this part are effective January 18,

2002.

(c) Effective February 20, 2001 an

agency may request a waiver of specific

requirements of this part, except for the

requirements of this paragraph.

Requests for waivers must be made in

writing to the responsible Health and

Human Services (HHS) official, as part

of an agency’s annual application for

financial assistance or amendment

thereto, based on good cause. ‘‘Good

cause’’ for a waiver will exist when

adherence to a requirement of this part

would itself create a safety hazard in the

circumstances faced by the agency.

Under no circumstance will the cost of

complying with one or more of the

specific requirements of this part

constitute good cause. The responsible

HHS official is not authorized to waive

any requirements of the Federal Motor

Vehicle Safety Standards (FMVSS)

made applicable to any class of vehicle

under 49 CFR part 571. The responsible

HHS official shall have the right to

require such documentation as the

official deems necessary in support of a

request for a waiver. Approvals of

waiver requests must be in writing, be

signed by the responsible HHS official,

and be based on good cause.

§ 1310.3 Definitions.

Agency as used in this regulation

means a Head Start or Early Head Start

or delegate agency unless otherwise

designated.

Agency Providing Transportation

Services means an agency providing

transportation services, either directly

or through another arrangement with a

private or public transportation

provider, to children enrolled in its

Head Start or Early Head Start program.

Allowable Alternate Vehicle means a

vehicle designed for carrying eleven or

more people, including the driver, that

meets all the Federal Motor Vehicle

Safety Standards applicable to school

buses, except 49 CFR 571.108 and

571.131.

Bus monitor means a person with

specific responsibilities for assisting the

driver in ensuring the safety of the

children while they ride, board, or exit

the vehicle and for assisting the driver

during emergencies.

Child Restraint System means any

device designed to restrain, seat, or

position children who weigh 50 pounds

or less which meets the requirements of

Federal Motor Vehicle Safety Standard

No. 213, Child Restraint Systems, 49

CFR 571.213.

Commercial Driver’s License (CDL)

means a license issued by a State or

other jurisdiction, in accordance with

the standards contained in 49 CFR part

383, to an individual which authorizes

the individual to operate a class of

commercial motor vehicles.

Delegate Agency means a local public

or private not-profit or for-profit agency

to which a Head Start or Early Head

Start agency has delegated all or part of

its responsibility for operation of a Head

Start program.

Early Head Start Agency means a

public or private non-profit or for-profit

agency or delegate agency designated to

operate an Early Head Start program

5312 Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations

pursuant to Section 645A of the Head

Start Act.

Early Head Start Program means a

program of services provided by an

Early Head Start Agency funded under

the Head Start Act.

Federal Motor Vehicle Safety

Standards (FMVSS) means the National

Highway and Traffic Safety

Administration’s standards for motor

vehicles and motor vehicle equipment

(49 CFR part 571) established under

section 30111 of Title 49, United States

Code.

Fixed route means the established

routes to be traveled on a regular basis

by vehicles that transport children to

and from Head Start or Early Head Start

program activities, and which include

specifically designated stops where

children board or exit the vehicle.

Head Start Agency, means a local

public or private non-profit or for-profit

agency designated to operate a Head

Start program pursuant to Section 641 of

the Head Start Act.

Head Start Program means a program

of services provided by a Head Start

agency or delegate agency and funded

under the Head Start Act.

National Driver Register means the

National Highway Traffic Safety

Administration’s automated system for

assisting State driver license officials in

obtaining information regarding the

driving records of individuals who have

been denied licenses for cause; had their

licenses denied for cause, had their

licenses canceled, revoked, or

suspended for cause, or have been

convicted of certain serious driving

offenses.

National Standards for School Buses

and School Bus Operations means the

recommendations resulting from the

Eleventh National Conference on School

Transportation, May 1990, published by

the National Safety Council, Chicago,

Illinois.

Reverse beeper means a device which

automatically sounds an intermittent

alarm whenever the vehicle is engaged

in reverse.

School Bus means a motor vehicle

designed for carrying 11 or more

persons (including the driver) and

which complies with the Federal Motor

Vehicle Safety Standards applicable to

school buses.

Seat Belt Cutter means a special

device that may be used in an

emergency to rapidly cut through the

seat belts used on vehicles in

conjunction with child restraint

systems.

State means any of the several States

of the United States, the District of

Columbia, the Commonwealth of Puerto

Rico, any territory or possession of the

United States, or any agency or

instrumentality of a State exclusive of

local governments.

Transportation Services means the

planned transporting of children to and

from sites where an agency provides

services funded under the Head Start

Act. Transportation services can involve

the pick-up and discharge of children at

regularly scheduled times and prearranged sites, including trips between

children’s homes and program settings.

The term includes services provided

directly by the Head Start and Early

Head Start grantee or delegate agency

and services which such agencies

arrange to be provided by another

organization or an individual. Incidental

trips, such as transporting a sick child

home before the end of the day, or such

as might be required to transport small

groups of children to and from

necessary services, are not included

under the term.

Trip routing means the determination

of the fixed routes to be traveled on a

regular basis for the purpose of

transporting children to and from the

Head Start or Early Head Start program

or activities.

Subpart B—Transportation

Requirements

§ 1310.10 General.

(a) Each agency must assist as many

families as possible who need

transportation in order for their children

to attend the program in obtaining that

transportation.

(b) When an agency has decided not

to provide transportation services, either

for all or a portion of the children, it

must provide reasonable assistance to

the families of such children to arrange

transportation to and from its activities.

The specific types of assistance being

offered must be made clear to all

prospective families in the program’s

recruitment announcements.

(c) Each agency providing

transportation services is responsible for

compliance with the applicable

requirements of this Part. When an

agency provides transportation through

another organization or an individual,

the agency must ensure the compliance

of the transportation provider with the

requirements of this part.

(d) Each agency providing

transportation services, must ensure that

each vehicle used in providing such

services is equipped with:

(1) a communication system to call for

assistance in case of an emergency:

(2) safety equipment for use in an

emergency, including a charged fire

extinguisher that is properly mounted

near the driver’s seat and a sign

indicating its location;

(3) a first aid kit and a sign indicating

the location of such equipment; and

(4) a seat belt cutter for use in an

emergency evacuation and a sign

indicating its location.

(e) Each agency providing

transportation services must ensure that

any auxiliary seating, such as temporary

or folding jump seats, used in vehicles

of any type providing such services are

built into the vehicle by the

manufacturer as part of its standard

design, are maintained in proper

working order, and are inspected as part

of the annual inspection required under

§ 1310.13(a) of this subpart.

(f) Each agency providing

transportation services must ensure that

all accidents involving vehicles that

transport children receiving such

services are reported in accordance with

applicable State requirements.

(g) Each agency must ensure that

children are only released to a parent or

legal guardian, or other individual

identified in writing by the parent or

legal guardian. This regulation applies

when children are not transported and

are picked up from the classroom, as

well as when they are dropped off by a

vehicle Agencies must maintain lists of

the persons, including alternates in case

of emergency, and up-to-date child

rosters must be maintained at all times

to ensure that no child is left behind,

either at the classroom or on the vehicle

at the end of the route.

§ 1310.11 Child Restraint Systems.

Effective January 20, 2004, each

agency providing transportation services

must ensure that each vehicle used to

transport children receiving such

services is equipped for use of heightand weight-appropriate child safety

restraint systems.

§ 1310.12 Required use of School Buses

or Allowable Alternate Vehicles.

(a) Effective January 18, 2006, each

agency providing transportation services

must ensure that children enrolled in its

program are transported in school buses

or allowable alternate vehicles that are

equipped for use of height- and weightappropriate child restraint systems, and

that have reverse beepers. As provided

in 45 CFR 1310.2(a), this paragraph does

not apply to transportation services to

children served under the home-based

option for Head Start and Early Head

Start.

(b) Effective February 20, 2001, each

Head Start and Early Head Start agency

receiving permission from the

responsible HHS official to purchase a

vehicle with grant funds for use in

Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations 5313

providing transportation services to

children in its program or a delegate

agency’s program must ensure that the

funds are used to purchase a vehicle

that is either a school bus or an

allowable alternate vehicle and is

equipped

(1) for use of height- and weightappropriate child restraint systems; and

(2) with a reverse beeper.

(c) As provided in 45 CFR 1310.2(a),

paragraph (b) of this section does not

apply to vehicles purchased for use in

transporting children served under the

home-based option for Head Start and

Early Head Start.

§ 1310.13 Maintenance of vehicles.

Each agency providing transportation

services must ensure that vehicles used

to provide such services are maintained

in safe operating condition at all times.

The organization operating the vehicle

must establish and implement

procedures for:

(a) a thorough safety inspection of

each vehicle on at least an annual basis

through an inspection program licensed

or operated by the State;

(b) systematic preventive maintenance

on such vehicles; and

(c) daily pre-trip inspection of the

vehicles by the driver.

§ 1310.14 Inspection of new vehicles at the

time of delivery.

Each agency providing transportation

services must ensure that bid

announcements for school buses and

allowable alternate vehicles for use in

transporting children in its program

include the correct specifications and a

clear statement of the vehicle’s intended

use. Such agencies must ensure that

there is a prescribed procedure for

examining such vehicles at the time of

delivery to ensure that they are

equipped in accordance with the bid

specifications and that the

manufacturer’s certification of

compliance with the applicable FMVSS

is included with the vehicle.

§ 1310.15 Operation of vehicles.

Each agency providing transportation

services, either directly or through an

arrangement with another organization

or an individual, to children enrolled in

its program must ensure that:

(a) On a vehicle equipped for use of

such devices, any child weighing 50

pounds or less is seated in a child

restraint system appropriate to the

height and weight of the child while the

vehicle is in motion.

(b) Baggage and other items

transported in the passenger

compartment are properly stored and

secured and the aisles remain clear and

the doors and emergency exits remain

unobstructed at all times.

(c) Effective January 20, 2004, there is

at least one bus monitor on board at all

times, with additional bus monitors

provided as necessary, such as when

needed to accommodate the needs of

children with disabilities. As provided

in 45 CFR 1310.2(a), this paragraph does

not apply to transportation services to

children served under the home-based

option for Head Start and Early Head

Start.

(d) Except for bus monitors who are

assisting children, all vehicle occupants

must be seated and wearing height- and

weight- appropriate safety restraints

while the vehicle is in motion.

§ 1310.16 Driver qualifications.

(a) Each agency providing

transportation services must ensure that

persons who drive vehicles used to

provide such services, at a minimum:

(1) in States where such licenses are

granted, have a valid Commercial

Driver’s License (CDL) for vehicles in

the same class as the vehicle the driver

will operating; and

(2) meet any physical, mental, and

other requirements established under

applicable law or regulations as

necessary to perform job-related

functions with any necessary reasonable

accommodations.

(b) Each agency providing

transportation services must ensure that

there is an applicant review process for

use in hiring drivers, that applicants for

driver positions must be advised of the

specific background checks required at

the time application is made, and that

there are criteria for the rejection of

unacceptable applicants. The applicant

review procedure must include, at

minimum:

(1) all elements specified in 45 CFR

1304.52(b), with additional disclosure

by the applicant of all moving traffic

violations, regardless of penalty;

(2) a check of the applicant’s driving

record through the appropriate State

agency, including a check of the

applicant’s record through the National

Driver Register, if available in the State;

and

(3) after a conditional offer of

employment to the applicant and before

the applicant begins work as a driver, a

medical examination, performed by a

licensed doctor of medicine or

osteopathy, establishing that the

individual possesses the physical ability

to perform any job-related functions

with any necessary accommodations.

(c) As provided in 45 CFR 1310.2(a),

this section does not apply to

transportation services to children

served under the home-based option for

Head Start and Early Head Start.

§ 1310.17 Driver and bus monitor training.

(a) Each agency providing

transportation services must ensure that

persons employed to drive vehicles

used in providing such services will

have received the training required

under paragraphs (b) and (c) of this

section no later than 90 days after the

effective date of this section as

established by § 1310.2 of this part. The

agency must ensure that drivers who are

hired to drive vehicles used in

providing transportation services after

the close of the 90 day period must

receive the training required under

paragraphs (b) and (c) prior to

transporting any child enrolled in the

agency’s program. The agency must

further ensure that at least annually

after receiving the training required

under paragraphs (b) and (c), all drivers

who drive vehicles used to provide such

services receive the training required

under paragraph (d) of this section.

(b) Drivers must receive a

combination of classroom instruction

and behind-the-wheel instruction

sufficient to enable each driver to:

(1) operate the vehicle in a safe and

efficient manner;

(2) safely run a fixed route, including

loading and unloading children,

stopping at railroad crossings and

performing other specialized driving

maneuvers;

(3) administer basic first aid in case of

injury;

(4) handle emergency situations,

including vehicle evacuation

procedures;

(5) operate any special equipment,

such as wheelchair lifts, assistance

devices or special occupant restraints;

(6) conduct routine maintenance and

safety checks of the vehicle; and

(7) maintain accurate records as

necessary.

(c) Drivers must also receive

instruction on the topics listed in 45

CFR 1304.52(k)(1), (2) and (3)(i) and the

provisions of the Head Start Program

Performance Standards for Children

with Disabilities (45 CFR 1308) relating

to transportation services for children

with disabilities.

(d) Drivers must receive refresher

training courses including the topics

listed in paragraphs (b) and (c) of this

section and any additional necessary

training to meet the requirements

applicable in the State where the agency

operates.

(e) Each agency providing

transportation services must ensure that

drivers who transport children receiving

5314 Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations

the services qualify under the applicable

driver training requirements in its State.

(f) Each agency providing

transportation services must ensure that:

(1) the annual evaluation of each

driver of a vehicle used to provide such

services includes an on-board

observation of road performance; and

(2) before bus monitors assigned to

vehicles used to provide such services

begin their duties, they are trained on

child boarding and exiting procedure,

use of child restraint systems, any

required paperwork, responses to

emergencies, emergency evacuation

procedures, use of special equipment,

child pick-up and release procedures

and pre- and post-trip vehicle check.

Subpart C—Special Requirements

§ 1310.20 Trip routing.

(a) Each agency providing

transportation services must ensure that

in planning fixed routes the safety of the

children being transported is the

primary consideration.

(b) The agency must also ensure that

the following basic principles of trip

routing are adhered to:

(1) The time a child is in transit to and

from the Head Start or Early Head Start

program must not exceed one hour

unless there is no shorter route available

or any alternative shorter route is either

unsafe or impractical.

(2) Vehicles must not be loaded

beyond the maximum passenger

capacity at any time.

(3) Vehicles must not be required to

back up or make ‘‘U’’ turns, except

when necessary for reasons of safety or

because of physical barriers.

(4) Stops must be located to minimize

traffic disruptions and to afford the

driver a good field of view in front of

and behind the vehicle.

(5) When possible, stops must be

located to eliminate the need for

children to cross the street or highway

to board or leave the vehicle.

(6) If children must cross the street

before boarding or after leaving the

vehicle because curbside drop off or

pick up is impossible, they must be

escorted across the street by the bus

monitor or another adult.

(7) Specific procedures must be

established for use of alternate routes in

the case of hazardous conditions that

could affect the safety of the children

who are being transported, such as ice

or water build up, natural gas line

breaks, or emergency road closing. In

selecting among alternatives,

transportation providers must choose

routes that comply as much as possible

with the requirements of this section.

§ 1310.21 Safety education.

(a) Each agency must provide training

for parents and children in pedestrian

safety. The training provided to children

must be developmentally appropriate

and an integral part of program

experiences. The need for an adult to

accompany a preschool child while

crossing the street must be emphasized

in the training provided to parents and

children. The required transportation

and pedestrian safety education of

children and parents, except for the bus

evacuation drills required by paragraph

(d) of this section, must be provided

within the first thirty days of the

program year.

(b) Each agency providing

transportation services, directly or

through another organization or an

individual, must ensure that children

who receive such services are taught:

(1) safe riding practices;

(2) safety procedures for boarding and

leaving the vehicle;

(3) safety procedures in crossing the

street to and from the vehicle at stops;

(4) recognition of the danger zones

around the vehicle; and

(5) emergency evacuation procedures,

including participating in an emergency

evacuation drill conducted on the

vehicle the child will be riding.

(c) Each agency providing

transportation services must provide

training for parents that:

(1) emphasizes the importance of

escorting their children to the vehicle

stop and the importance of reinforcing

the training provided to children

regarding vehicle safety; and

(2) complements the training

provided to their children so that safety

practices can be reinforced both in Head

Start and at home by the parent.

(d) Each agency providing

transportation services must ensure that

at least two bus evacuation drills in

addition to the one required under

paragraph (b)(5) of this section are

conducted during the program year.

(e) Each agency providing

transportation services must develop

activities to remind children of the

safety procedures. These activities must

be developmentally appropriate,

individualized and be an integral part of

the Head Start or Early Head Start

program activities.

§ 1310.22 Children with disabilities.

(a) Effective January 18, 2006 each

agency must ensure that there are school

buses or allowable alternate vehicles

adapted or designed for transportation

of children with disabilities available as

necessary to transport such children

enrolled in the program. This

requirement does not apply to the

transportation of children receiving

home-based services unless school

buses or allowable alternate vehicles are

used to transport the other children

served under the home-based option by

the grantee. Whenever possible,

children with disabilities must be

transported in the same vehicles used to

transport other children enrolled in the

Head Start or Early Head Start program.

(b) Each Head Start, Early Head Start

and delegate agency must ensure

compliance with the Americans with

Disabilities Act (42 U.S.C. 12101 et

seq.), the HHS regulations at 45 CFR

part 84, implementing Section 504 of

the Rehabilitation Act of 1973 (29 U.S.C.

794), and the Head Start Program

Performance Standards on Services for

Children with Disabilities (45 CFR part

1308) as they apply to transportation

services.

(c) Each agency must specify any

special transportation requirements for a

child with a disability when preparing

the child’s Individual Education Plan

(IEP) or Individual Family Service Plan

(IFSP), and ensure that in all cases

special transportation requirements in a

child’s IEP or IFSP are followed,

including:

(1) special pick-up and drop-off

requirements;

(2) special seating requirements;

(3) special equipment needs;

(4) any special assistance that may be

required; and

(5) any special training for bus drivers

and monitors.

§ 1310.23 Coordinated transportation.

(a) Each agency providing

transportation services must make

reasonable efforts to coordinate

transportation resources with other

human services agencies in its

community in order to control costs and

to improve the quality and the

availability of transportation services.

(b) At a minimum, the agency must:

(1) identify the true costs of providing

transportation in order to

knowledgeably compare the costs of

providing transportation directly versus

contracting for the service;

(2) explore the option of participating

in any coordinated public or private

transportation systems existing in the

community; and

(3) where no coordinated public or

private non-profit transportation system

exists in the community, make every

effort to identify other human services

agencies also providing transportation

services and, where reasonable, to

participate in the establishment of a

Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations 5315

local transportation coordinating

council.

[FR Doc. 01–1123 Filed 1–17–01; 8:45 am]

BILLING CODE 4184–01–M