[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2007]
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)(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]