Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations 45205 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This action corrects a 

potential conflict in the refrigerant 

management regulations as to whether 

or not small cans of refrigerant for use 

in MVAC could be sold to nontechnicians if they were manufactured 

or imported prior to January 1, 2018, 

and do not have a self-sealing valve. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action does 

not have disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome populations and/or indigenous 

peoples, as specified in Executive Order 

12898 (59 FR 7629, February 16, 1994). 

This action does not affect the level of 

protection provided to human health or 

the environment. This action corrects a 

potential conflict in the refrigerant 

management regulations as to whether 

or not small cans of refrigerant for use 

in MVAC could be sold to nontechnicians if they were manufactured 

or imported prior to January 1, 2018, 

and do not have a self-sealing valve. 

This action clarifies that those small 

cans of refrigerant for use in MVAC may 

be sold to persons who are not certified 

technicians. The documentation for this 

decision is contained in Docket No. 

EPA–HQ–OAR–2017–0213, where 

EPA’s assessment of the underlying 

regulatory changes that led to this 

correction found no disproportionately 

high and adverse human health or 

environmental effects on minority 

populations, low-income populations 

and/or indigenous peoples. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

EPA will submit a rule report to each 

House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

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

List of Subjects in 40 CFR Part 82 

Environmental protection, Air 

pollution control, Chemicals, Reporting 

and recordkeeping requirements. 

Dated: September 21, 2017. 

E. Scott Pruitt, 

Administrator. 

For the reasons set forth in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 82 as 

follows: 

PART 82—PROTECTION OF 

STRATOSPHERIC OZONE 

■ 1. The authority citation for part 82 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7601, 7671– 

7671q. 

■ 2. In § 82.154, revise paragraph 

(c)(1)(ix) to read as follows: 

§ 82.154 Prohibitions. 

* * * * * 

(c) * * * 

(1) * * * 

(ix) The non-exempt substitute 

refrigerant is intended for use in an 

MVAC and is sold in a container 

designed to hold two pounds or less of 

refrigerant, has a unique fitting, and, if 

manufactured or imported on or after 

January 1, 2018, has a self-sealing valve 

that complies with the requirements of 

paragraph (c)(2) of this section. 

* * * * * 

[FR Doc. 2017–20840 Filed 9–27–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Part 1302 

RIN 0970–AC63 

Head Start Program 

AGENCY: Office of Head Start (OHS), 

Administration for Children and 

Families (ACF), Department of Health 

and Human Services (HHS). 

ACTION: Final rule; delay of compliance 

date. 

SUMMARY: The Office of Head Start will 

delay the compliance date for 

background check procedures and the 

date for programs to participate in their 

state or local Quality Rating and 

Improvement Systems (QRIS). Both 

requirements are described in the Head 

Start Program Performance Standards 

(HSPPS) final rule that was published in 

the Federal Register on September 6, 

2016. We believe programs and states 

will benefit from more time to fully 

implement these changes. 

DATES: The date for programs to comply 

with background checks procedures 

described in 45 CFR 1302.90(b) and for 

programs to participate in QRIS 

described in 45 CFR 1302.53(b)(2) is 

delayed until September 30, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Colleen Rathgeb, Division Director of 

Early Childhood Policy and Budget, 

Office of Early Childhood Development, 

OHS_NPRM@acf.hhs.gov, (202) 401– 

1195 (not a toll-free call). Deaf and 

hearing impaired individuals may call 

the Federal Dual Party Relay Service at 

1–800–877–8339 between 8 a.m. and 7 

p.m. Eastern Standard Time. 

SUPPLEMENTARY INFORMATION: 

Background 

The Head Start program provides 

grants to local public and private nonprofit and for-profit agencies to provide 

comprehensive education and child 

development services to economically 

disadvantaged children, birth to age 5, 

and families and to help young children 

develop the skills they need to be 

successful in school. We amended our 

Head Start Program Performance 

Standards in a final rule that published 

in the Federal Register on September 6, 

2016. 

The Head Start Program Performance 

Standards define requirements grantees 

and delegate agencies must implement 

to operate high quality Head Start or 

Early Head Start programs and provide 


jstallworth on DSKBBY8HB2PROD with RULES
45206 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations 

a structure to monitor and enforce 

quality standards. 

Promoting Child Safety and State 

Partnerships 

Child safety is a top priority in the 

final rule. We strengthened our criminal 

background check requirements at 45 

CFR 1302.90(b), in the final rule, to 

reflect changes in the Improving Head 

Start for School Readiness Act of 2007, 

Public Law 110–134, and to 

complement background check 

requirements in the Child Care and 

Development Block Grant (CCDBG) Act 

of 2014, Public Law 113–186. 

In addition to background check 

requirements, we aim to strengthen 

partnerships between states and Head 

Start programs. As part of this effort, 45 

CFR 1302.53(b) in the final rule requires 

Head Start programs to take an active 

role in promoting coordinated early 

childhood systems, including those in 

their state. As part of these 

requirements, most Head Start programs 

must participate in QRIS, if they meet 

certain conditions. 

Compliance Dates 

In the SUPPLEMENTARY INFORMATION

section of the final rule, we provided a 

table, Table 1: Compliance Table that 

lists dates by which programs must 

implement specific standards. We 

currently list September 30, 2017, as the 

date by which programs must comply 

with background check requirements at 

45 CFR 1302.90(b). We had previously 

extended background check 

requirements until September 30, 2017, 

to align with the background check 

requirement deadline in the CCDBG Act 

through a Federal Register document, 

published on December 6, 2016. 

However, programs are required to 

continue to adhere to the criminal 

record check requirements in section 

648A of Head Start Act, as amended by 

the Improving Head Start for School 

Readiness Act of 2007, Public Law 110– 

134. We list August 1, 2017, as the date 

programs must participate in their 

states’ Quality Rating and Improvement 

Systems (QRIS) pursuant to 45 CFR 

1302.53(b)(2). 

Background Checks Procedures in the 

Final Rule 

Generally, 45 CFR 1302.90(b)(1) 

requires that before a person is hired, 

programs must conduct a sex offender 

registry check and obtain either a state 

or tribal criminal history records, 

including fingerprint checks, or a 

Federal Bureau of Investigation (FBI) 

criminal history records, including 

fingerprint checks. 

In 45 CFR 1302.90(b)(2), (4), and (5), 

we afford programs 90 days to obtain 

whichever check they could not obtain 

before the person was hired, as well as 

child abuse and neglect state registry 

check, if available. We require programs 

to have systems in place that ensure 

these newly hired employees do not 

have unsupervised access to children 

until their background process is 

complete. A complete background check 

consists of a sex offender registry check, 

state or tribal history records, including 

fingerprint check and FBI criminal 

history records, including fingerprint 

check, as well as a child abuse and 

neglect state registry check, if available. 

We also require programs to conduct 

complete background checks for each 

employee at least once every five years. 

We believe programs will need more 

time to implement systems to complete 

the backgrounds checks process listed at 

45 CFR 1302.90(b)(2), (4), and (5) in our 

final rule. Also, we recognize most 

states will have systems that can 

accommodate our programs’ background 

checks requests by September 30, 2018. 

Congress requires states that receive 

CCDBG funds to implement systems for 

comprehensive background checks for 

all child care teachers and staff. These 

states must have requirements, as well 

as policies and procedures to enforce 

and conduct criminal background 

checks for existing and prospective 

child care providers, by September 30, 

2017, but Congress gave states the 

authority to request extensions until 

September 30, 2018, and several states 

have done so. Since these systems 

enable Head Start programs to meet the 

HSPPS requirements in 45 CFR 

1302.90(b), we can minimize burden on 

Head Start programs if we extend the 

compliance date for 45 CFR 1302.90(b) 

to September 30, 2018. Until September 

30, 2018, the criminal record check 

requirements from section 648A of the 

Head Start Act continue to remain in 

place. 

QRIS Requirement in the Final Rule 

QRIS is a systemic approach to assess, 

improve, and communicate the level of 

quality in early and school-age care and 

education programs. QRIS award quality 

ratings to programs that meet a set of 

defined program standards. Since the 

1990s, many states have developed a 

QRIS. 

The requirements at 45 CFR 

1302.53(b) require Head Start programs 

to take an active role in promoting 

coordinated early childhood systems to 

maximize access to services, reduce 

system duplication, foster informed 

quality improvement, and ensure Head 

Start programs are part of larger early 

childhood systems within their states. 

These requirements went into effect on 

November 7, 2016. To further Head 

Start’s role in state systems of quality 

improvement, the HSPPS requires 

programs to participate in QRIS, if they 

meet certain conditions described at 45 

CFR 1302.53(b)(2). 

We understood from the public 

comment process and from subsequent 

discussions with Head Start grantees 

and state organizations that there are 

concerns about the time and resources 

needed by both the states and grantees 

to ensure Head Start grantees are able to 

participate in their QRIS. We 

understand programs have taken steps 

to participate in QRIS and that many 

states are assessing their QRIS with new 

Head Start QRIS participation policies, 

but additional time is needed to align 

these systems. We want to minimize any 

unintentional burden on states that 

choose to adapt their systems to 

incorporate Head Start participation, as 

well as alleviate programs’ concerns 

about meeting the current compliance 

date for participation in QRIS. 

Given the variation in the state/local 

QRIS landscape and the applicability of 

the conditions in the regulation, the 

original compliance date for the 

requirement in the HSPPS at 45 CFR 

1302.53(b)(2) was August 1, 2017 in the 

previously mentioned compliance table. 

Through this document, we are delaying 

the date by which programs must 

implement the specific requirement for 

QRIS participation until September 30, 

2018. The broader requirement for Head 

Start programs to take an active role in 

promoting coordinated early childhood 

systems continues to be in effect. 

Conclusion 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a rule 

take effect in accordance with section 

553(b) of the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)). However, 

we can waive this notice and comment 

procedure if the Secretary finds, for 

good cause, that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons therefore in 

the notice. 

We find good cause to waive public 

comment under section 553(b) of the 

APA because it is unnecessary and 

contrary to the public interest to provide 

for public comment in this instance. 

The delayed compliance date poses no 

harm or burden to programs or the 

public. A period for public comment 

would have only extended programs’ 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations 45207 

concerns about complying with these 

requirements by the compliance date. 

Programs may voluntarily come into 

compliance at an earlier date if they 

have the processes already in place. 

Programs that do not have processes 

already in place, have until September 

30, 2018, to comply with the 

requirements on background checks at 

45 CFR 1302.90(b) and the requirement 

to participate in their states’ QRIS at 45 

CFR 1302.53(b)(2). 

Dated: September 6, 2017. 

Steven Wagner, 

Acting Assistant Secretary for Children and 

Families. 

Approved: September 6, 2017. 

Thomas E. Price, 

Secretary. 

[FR Doc. 2017–20499 Filed 9–27–17; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 130312235–3658–02] 

RIN 0648–XF683 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Resources of the South 

Atlantic; Commercial Trip Limit 

Reduction for Vermilion Snapper 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; trip limit 

reduction. 

SUMMARY: NMFS reduces the 

commercial trip limit for vermilion 

snapper in or from the exclusive 

economic zone (EEZ) of the South 

Atlantic to 500 lb (227 kg), gutted 

weight, 555 lb (252 kg), round weight. 

This trip limit reduction is necessary to 

protect the South Atlantic vermilion 

snapper resource. 

DATES: This rule is effective 12:01 a.m., 

local time, October 2, 2017, until 12:01 

a.m., local time, January 1, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery in the South 

Atlantic includes vermilion snapper and 

is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The South Atlantic 

Fishery Management Council prepared 

the FMP. The FMP is implemented by 

NMFS under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

The commercial ACL (commercial 

quota) for vermilion snapper in the 

South Atlantic is divided into two 6- 

month time periods, January through 

June, and July through December. For 

the July 1 through December 31, 2017, 

fishing season, the commercial quota is 

388,703 lb (176,313 kg), gutted weight, 

431,460 lb (195,707 kg), round weight 

(50 CFR 622.190(a)(4)(ii)(D)). As 

specified in 50 CFR 622.190(a)(4)(iii), 

any unused portion of the commercial 

quota from the January through June 

2017 fishing season will be added to the 

commercial quota for the July through 

December 2017 fishing season. 

Accordingly, NMFS determined that 

20,379 lb (9,407 kg), round weight, of 

the commercial quota was not harvested 

in the January through June 2017 fishing 

season, and NMFS added that to the 

July through December commercial 

quota. 

Under 50 CFR 622.191(a)(6)(ii), NMFS 

is required to reduce the commercial 

trip limit for vermilion snapper from 

1,000 lb (454 kg), gutted weight, 1,110 

lb (503 kg), round weight, to 500 lb (227 

kg), gutted weight, 555 lb (252 kg), 

round weight, when 75 percent of the 

fishing season commercial quota is 

reached or projected to be reached, by 

filing a notification to that effect with 

the Office of the Federal Register. Based 

on current information, NMFS has 

determined that 75 percent of the 

commercial quota for the July through 

December 2017 fishing season for 

vermilion snapper (including the 

January through June unused quota) was 

reached by September 19, 2017. 

Accordingly, NMFS is reducing the 

commercial trip limit for vermilion 

snapper to 500 lb (227 kg), gutted 

weight, 555 lb (252 kg), round weight, 

in or from the South Atlantic EEZ at 

12:01 a.m., local time, on October 2, 

2017. This reduced commercial trip 

limit will remain in effect until the start 

of the next commercial fishing season 

on January 1, 2018, or until the 

commercial quota is reached and the 

commercial sector closes, whichever 

occurs first. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of South Atlantic 

vermilion snapper and is consistent 

with the Magnuson-Stevens Act and 

other applicable laws. 

This action is taken under 50 CFR 

622.191(a)(6)(ii) and is exempt from 

review under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for NOAA 

Fisheries (AA) finds that the need to 

immediately implement this 

commercial trip limit reduction 

constitutes good cause to waive the 

requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth in 5 

U.S.C. 553(b)(B), because prior notice 

and opportunity for public comment on 

this temporary rule is unnecessary and 

contrary to the public interest. Such 

procedures are unnecessary, because the 

rule establishing the trip limit and trip 

limit reduction has already been subject 

to notice and comment, and all that 

remains is to notify the public of the trip 

limit reduction. Prior notice and 

opportunity for public comment is 

contrary to the public interest, because 

any delay in reducing the commercial 

trip limit could result in the commercial 

quota being exceeded. There is a need 

to immediately implement this action to 

protect the vermilion snapper resource, 

since the capacity of the fishing fleet 

allows for rapid harvest of the 

commercial quota. Prior notice and 

opportunity for public comment on this 

action would require time and increase 

the probability that the commercial 

sector could exceed its quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 25, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–20792 Filed 9–25–17; 4:15 pm] 

BILLING CODE 3510–22–P 


jstallworth on DSKBBY8HB2PROD with RULES