(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)(1) Sections 1310.12(a) and 1310.22(a) of this part are effective
December 20, 2006.
(2) This paragraph and paragraph (c) of this section, the definition of
child restraint systems in Sec. 1310.3 of this part, and Sec. 1310.15(a) are
effective November 1, 2006. Sections 1310.11 and 1310.15(c) of this part are
effective June 21, 2004. Section 1310.12(b) of this part is effective February
20, 2001. All other provisions of this part are effective January 18,
2002.
(c) Effective November 1, 2006, 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, or
when compliance with requirements related to child restraint systems (Secs.
1310.11, 1310.15(a)) or bus monitors (Sec. 1310.15(c)) will result in a
significant disruption to the program and the agency demonstrates that waiving
such requirements is in the best interest of the children involved. In
addition, the responsible HHS official shall have the authority to grant
waivers of the requirements related to child restraint systems (Sec. 1310.11,
1310.15(a)) or bus monitors (Sec. 1310.15(c)) that are retroactive to October
1, 2006 during the period from November 1, 2006 to October 30, 2007. 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.
[66 FR 5311, Jan. 18, 2001, as amended at 69 FR 2517, Jan. 16, 2004; 71 FR
58535, Oct. 4, 2006]