[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1310.2]



[Page 198]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1310_HEAD START TRANSPORTATION--Table of Contents

 

                            Subpart A_General

 

Sec. 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 June 21, 2004. Paragraph (c) of this section and Sec. 

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.



[66 FR 5311, Jan. 18, 2001, as amended at 69 FR 2517, Jan. 16, 2004]