[Federal Register Volume 63, Number 188 (Tuesday, September 29, 1998)]
[Proposed Rules]
[Pages 51878-51881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25931]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 55
[USCG 1998-3821]
RIN 2115-AF48
Coast Guard Child Development Services Programs
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish child development
services for eligible children of the Department of Transportation
military and civilian personnel and eligible children of armed forces
members and federal civilian employees. This proposed rule also
establishes the basis for a ``total family income'' sliding fee
schedule to make child care more affordable for lower-income families
in center-based programs. This proposed rule also provides a mechanism
to reduce fees for users of family child care providers through the use
of appropriated funds.
DATES: Comments must reach the Docket Management Facility on or before
October 29, 1998.
ADDRESSES: You may mail comments to the Docket Management Facility,
(USCG 1998-3821), U.S. Department of Transportation, room PL-401, 400
Seventh Street SW., Washington, DC 20590-0001, or deliver them to room
PL-401, located on the Plaza Level of the Nassif Building at the same
address between 10 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is 202-366-9329.
The Docket Management Facility maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at room PL-401, located on the
Plaza Level of the Nassif Building at the same address between 10 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. You may
also access this docket on the Internet at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT:
For questions about the docket, contact Ms. Paulette Twine, Chief,
Documentary
[[Page 51879]]
Services Division, Department of Transportation, telephone 202-366-
9329. For questions about this notice, contact Ms. Elaine Sweetland,
Project Manager, Office of Work-Lift (202) 267-6727 or Ms. Jessie
Broadaway, Project Manager, Office of Work-Life (202) 267-6728.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages you to submit written data, views, or
arguments. If you submit comments, you should include your name and
address, identify this rulemaking (USCG 1998-3821) and the specific
section or question in this document to which your comments apply, and
give the reason for each comment. Please submit all comments and
attachments in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing to the DOT Docket Management
Facility at the address under ADDRESSES. If you want us to acknowledge
receiving your comments, please enclose a stamped, self-addressed
postcard or envelope.
The Coast Guard will consider all comments received during the
comment period.
The Coast Guard plans no public meeting. You may request a public
meeting by submitting a request to the address under ADDRESSES. The
request should include the reasons why a meeting would be beneficial.
If the Coast Guard determines that a public meeting should be held, it
will hold the meeting at a time and place announced by a later notice
in the Federal Register.
Background and Purpose
The first child care programs in the Coast Guard were spouse
sponsored and met in buildings that a command was not using. In the
early 1970's, Coast Guard sponsored child care centers were developed
and became Morale, Welfare, and Recreation (MWR) activities under
policy promulgated by MWR, following Department of Defense guidelines.
In 1987 the two centers remaining under spouse sponsorship were brought
into the Coast Guard MWR system and policy specific to Coast Guard
child care was issued.
In 1996 the Child Development Services Manual, Commandant
Instruction M1754.15 was issued providing policy guidance to manage and
run Coast Guard child care programs. A copy of the manual is in the
docket of the rulemaking and available therefor review. The policy
directives in the Manual apply to all child development services
provided by the Coast Guard, including center-based and family child
care. The manual provides the policy for eligibility for services,
health and safety standards, staff-to-child ratios, program and staff
training requirements, discipline policies, facility requirements,
child abuse prevention and reporting requirements, special needs
children, parental involvement, and financial management.
In 1996 new legislation was passed regarding child development
services. The Coast Guard Authorization Act of 1996 (Act) added section
515 to Title 14 of the U.S. Code, which requires the Secretary of
Transportation to promulgate regulations to implement section 515. The
authority to promulgate regulations pertaining to section 515 and other
authorities under the Act was delegated to the Commandant of the Coast
Guard on July 18, 1997 (62 FR 38478). Section 515 allows the Commandant
to make Coast Guard child development services available to members of
the Armed Forces and Federal civilian employees. The Act requires that
the regulations establish fees to be charged for child development
services that take into consideration total family income.
The purpose of this rulemaking is to implement section 515 and
establish a fee regime to permit eligible federal employees and
military members to take advantage of Coast Guard offered child care
services. The Child Development Services Manual will continue to
provide policy guidance to supplement the rule.
Discussion of Proposed Rule
Because child development services apply to civilian employees as
well as military members, we propose to remove the word ``Military''
from the heading at 33 Code of Federal Regulations, Subchapter B, so
the heading reads ``Personnel.'' Within Subchapter B, this proposed
rule creates a new part 55 of 33 Code of Federal Regulations.
Section 55.5. This proposed section describes the military members
and civilian employees who are eligible to use the Coast Guard's child
development services. These include Coast Guard members, civilian Coast
Guard employees, and other military personnel and Federal civilian
employees, on a space available basis.
Section 55.9. This proposed section conforms to the requirements of
14 U.S.C. 515(c). Paragraph (a) provides for regular and unannounced
inspections of child development centers by headquarters program
personnel, the commanding officer of the sponsoring command, fire
personnel, and health and safety personnel. Paragraph (b) provides for
employee training on a monthly basis. Training will be conducted by the
Center Director and others arranged for by the Director with expertise
in specific disciplines, and will consist of training about early
childhood development, activities and disciplinary techniques, child
abuse prevention and detection, and emergency medical procedures.
Section 55.11. This proposed section establishes a total family
income chart to be used to calculate fees at child development centers.
Fees will vary, depending on total family income, and geographic
location. Fees for each of the prescribed categories will be set by the
local command to cover the expenses of that particular center. Fees are
set by the local command rather than at Coast Guard headquarters
because the primary expense for providing child care services is
salaries, which vary widely in the geographic areas where the Coast
Guard operates. The chart in Subsection (a) is to be used by each local
command to establish a sliding fee scale, based on total family income.
``Total family income'' is defined in section 55.7. We are adopting the
DOD definitions of total family income and the five income categories
of the sliding fee scale as they apply to child development services.
Adopting the DOD definitions will ensure that military members from all
the services have equivalent eligibility requirements at Coast Guard
and DOD child development centers.
Subsection (b) discusses the proper use of fees collected from
parents for child care services. To conform with the requirements of 14
U.S.C. 515(b), these fees can only be used to compensate those
employees who are directly involved in providing child care services at
center-based programs unless use of fees in this manner is determined
to be uneconomical and inefficient. Uneconomical and inefficient means
that using the fees in this manner would not provide a quality program
at an affordable cost to parents using the child care services. If this
is the case, then the fees may be used for consumable or disposable
items for the centers. If these needs have been met, the fees may then
be used for other center expenses.
Section 55.13. This proposed section discusses family home day care
providers and Coast Guard Family Child Care Providers. A family home
care provider is an individual licensed by a state agency who offers
child care in his or her home. A Coast Guard Family Child Care Provider
is a Coast Guard family member who provides child care in Coast Guard -
leased or -owned
[[Page 51880]]
housing. Approval procedures are detailed in the Child Development
Services manual. Family child care is an option because it can provide
flexibility in meeting unusual duty hours and best meets the needs of
personnel at smaller units.
When available, appropriated funds may be used to reduce the child
care costs of eligible persons who choose to use family child care.
Guidelines concerning family child care are contained in the Child
Development Services Manual.
Regulatory Evaluation
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. It has not been reviewed by the Office of Management and
Budget under that Order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040; February 26, 1979).
The Coast Guard expects the economic impact of this proposed rule
to be so minimal that a full Regulatory Evaluation under paragraph 10e
of the regulatory policies and procedures of DOT is unnecessary.
This proposed rule would apply only to providers of Coast Guard
child development services programs.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this proposed rule, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small entities'' include small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
The small entities affected by this rule are family home day care
providers (e.g., Coast Guard Family Child Care Providers). If funds are
available, the family home day care providers may receive funding to
enable them to provide services to families of Coast Guard military
members and Coast Guard civilian employees at a more affordable rate.
This rulemaking does not result in any change in the amount of income
received by family home day care providers.
Therefore, the Coast Guard's position is that this proposed rule,
if adopted, will not have a significant economic impact on a
substantial number of small entities. If, however, you think that your
business or organization qualifies as a small entity and that this rule
will have a significant economic impact on your business or
organization, please submit a comment (see ADDRESSES) explaining why
you think it qualifies, and in what way and to what degree this rule
will economically affect it.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to assist small entities in understanding this proposed rule so
that they can better evaluate its effects on them and participate in
the rulemaking process. If your small business or organization is
affected by this rule and you have questions concerning its provisions
or options for compliance, please contact The Dependent Resource
Coordinator or Family Child Care Coordinator on the Coast Guard Work-
Life Staff that serves your geographic area.
Collection of Information
This proposed rule does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposed rule under the
principles and criteria contained in Executive Order 12612 and has
determined that this proposed rule does not have sufficient
implications for federalism to warrant the preparation of a Federalism
Assessment.
Environment
Under paragraph 2.B.2.b.(34) of Commandant Instruction M16475.1B,
this proposed rule is categorically excluded from further environmental
documentation. This authority deals with the use of Coast Guard funds
for Coast Guard Child Development Services and requirements for
facility and program inspections and for staff training and has no
impact on the environment.
A ``Categorical Exclusion Determination'' is available in the
docket for inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 55
Day care, Government Employees, Infants and Children and Military
Personnel.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Chapter I as follows:
1. In the heading of Subchapter B, remove the word ``Military.''
2. Add part 55 to Subchapter B to read as follows:
PART 55--CHILD DEVELOPMENT SERVICES
Subpart A--General
Sec.
55.1 Purpose.
55.3 Who Is Covered by this Part?
55.5 Who is Eligible for Child Development Services?
55.7 Definitions.
55.9 Child Development Centers.
55.11 How are Child Development Center Fees Established?
55.13 Family Child Care.
Authority: 14 U.S.C. 515.
Subpart A--General
Sec. 55.1 Purpose.
This subpart implements 46 U.S.C. 515, which provides for Coast
Guard Child Development Services.
Sec. 55.3 Who Is Covered by this Part?
This subpart applies to all Coast Guard installations.
Sec. 55.5 Who Is Eligible for Child Development Services?
Coast Guard members and civilian Coast Guard employees are eligible
for the Child Development Services described in this subpart. As space
is available, members of the other Armed Forces and other Federal
civilian employees are also eligible.
Sec. 55.7 Definitions.
As used in this part--
Child Development Center means a facility located on a Coast Guard
installation that offers, on a regularly scheduled basis, developmental
services designed to foster social, emotional, physical, creative, and
intellectual growth to groups of children.
Child Development Services means developmental services provided at
a child development center or by a family child care provider at his or
her Coast Guard-owned or -leased home.
Coast Guard Family Child Care Provider means a Coast Guard family
member, 18 years of age or older, who provides child care for 10 hours
or more per week per child to one but no more than six children,
including the provider's own children under the age of eight, on a
regular basis in his or her Coast Guard-owned or -leased housing.
Coast Guard Family Child Care Services means child care provided on
a regularly scheduled basis for 10 hours or more a week by an
individual certified by the Coast Guard and who resides in Coast Guard-
controlled housing.
[[Page 51881]]
Command means the Commanding Officer of one or more units of
personnel in a limited geographic area with responsibility for a child
development center.
Family Child Care means child care provided in the home of a
provider, either a Coast Guard Family Child Care Provider or a Family
Home Day Care Provider.
Family Home Day Care Provider means an individual 18 years of age
or older who is licensed by the state agency that regulates child care.
This person provides child care to one but to no more than six
children, including the provider's own children under the age of eight,
on a regular basis in his or her residence.
Geographic Cost of Living Allowance means the adjustment in basic
pay related to higher living costs in certain geographic areas.
Total Family Income means the earned income for adult members of
the household including wages, salaries, tips, long-term disability
benefits received by a family, incentive and special pay for service or
anything else of value, even if not taxable, that was received for
providing services. Also included is Basic Allowance for Housing and
Basic Allowance for Subsistence authorized for the pay grade of
military personnel, whether the allowance is received in cash or in-
kind. Total Family Income does not include: the geographic cost of
living allowances; alimony and child support; temporary duty allowances
or reimbursements for educational expenses; veterans benefits; workers
compensation benefits; and, unemployment compensation. These are to be
excluded from Total Family Income.
Uneconomical and inefficient means that the fees collected from
parents can not be used in a manner that provides a quality program at
an affordable cost to parents using the child care services.
Sec. 55.9 Child Development Centers.
(a) The Commandant may make child development services available at
Child Development Centers located at Coast Guard Installations.
(b) Regular and unannounced inspections of each child development
center shall be conducted annually by headquarters program personnel,
the commanding officer of the sponsoring command, fire personnel, and
health and safety personnel.
(c) Training programs shall be conducted monthly to ensure that all
child development center employees complete a minimum of 20 hours of
training annually with respect to early childhood development,
activities and disciplinary techniques appropriate to children of
different ages, child abuse prevention and detection, and appropriate
emergency medical procedures.
Sec. 55.11 How Are Child Development Center Fees Established?
(a) Fees for the provision of services at child development centers
shall be set by each Command with responsibility for a center-based
program, according to the following total family income chart:
Total Family Income
$0 to $23,000
$23,001 to $34,000
$34,001 to $44,000
$44,001 to $55,000
Over $55,000
(b) Fees for the provision of services at Coast Guard child
development centers shall be used only for compensation for employees
at those centers who are directly involved in providing child care,
unless it is uneconomical and inefficient. If uneconomical and
inefficient, then the fees may be used for:
(1) The purchase of consumable or disposable items for Coast Guard
child development centers; and
(2) If the requirements of such centers for consumable or
disposable items for a given fiscal year have been met, for other
expenses of those centers.
Sec. 55.13 Family Child Care Providers.
When appropriated funds are available, funds may be offered to
provide assistance to Coast Guard Family Child Care Providers or to
family home day care providers so that family child care services can
be provided to military members and civilian employees of the Coast
Guard, at a cost comparable to the cost of services at Coast Guard
child development centers.
Dated: July 28, 1998.
T.J. Barrett, RADM, USCG,
Assistant Commandant for Human Resources, Acting.
[FR Doc. 98-25931 Filed 9-28-98; 8:45 am]
BILLING CODE 4910-15-M
