[Federal Register Volume 65, Number 250 (Thursday, December 28, 2000)]
[Rules and Regulations]
[Pages 82246-82251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33095]
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Part 225
RIN 0584-AC23
Summer Food Service Program Implementation of Legislative Reforms
AGENCY: Food and Nutrition Service, USDA.
ACTION: Final rule, with technical amendments.
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SUMMARY: This rule makes final an interim rule published in the Federal
Register on December 28, 1999. This final rule adopts the changes made
to the Summer Food Service Program by the interim rule as mandated by
three public laws--the Healthy Meals for
[[Page 82247]]
Healthy Americans Act of 1994, the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, and the William F. Goodling
Child Nutrition Reauthorization Act of 1998. Program changes include
easing restrictions on participation by private nonprofit organizations
and food service management companies, streamlining rules for schools
to encourage Program sponsorship, and reducing paperwork burdens for
State agencies. In addition, this rule makes minor technical changes to
conform meal pattern requirements to the standards used in the National
School Lunch Program and the School Breakfast Program, to correct
errors in meal pattern charts and regional office addresses, and to
conform application procedures to the Meal Benefit Form prototype.
Finally, this rule restores and revises a paragraph that was
inadvertently removed from program regulations by the interim rule.
EFFECTIVE DATE: December 28, 2000.
FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Eadie or Ms. Melissa
Rothstein, 703-305-2620.
SUPPLEMENTARY INFORMATION:
I. Background and Discussion of the Final Rule
The Summer Food Service Program (SFSP) is authorized under section
13 of the Richard B. Russell National School Lunch Act (NSLA) (42
U.S.C. 1761). Its primary purpose is to provide nutritious meals to
children from low-income areas during periods when schools are closed
for vacation.
In 1994, 1996, and 1998, substantive changes to the SFSP were made
with the enactment of three public laws. Readers can find information
about these laws and details on the corresponding changes we made to
the SFSP regulations in the interim rule (64 FR 72474) that was
published on December 28, 1999, in the Federal Register.
The 180-day comment period on the interim rule ended June 25, 2000.
One comment was received on the interim rule. The commenter supported
the changes made to the SFSP regulations by the interim rulemaking and
suggested that we continue the process of reducing paperwork burdens
and streamlining requirements. This commenter provided a number of
recommendations that we may consider in a future rulemaking. The
specific comments made, however, did not apply directly to the language
in the interim rulemaking.
We want to emphasize that the interim rule primarily brought the
SFSP regulations up to date with the statutory requirements. Since
these changes were implemented by State agencies based on Department
guidance in a timely fashion after the enactment of each public law,
there were essentially no new policy proposals in the rule to engender
comments.
Following is a chart that lists by program area the provisions
contained in the December 28, 1999, interim rule; we also provide
regulatory citations in the chart for the reader's convenience in
locating the changes within the SFSP regulations at 7 CFR part 225.
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Restoring a State Agency Reporting Requirement
Since 1990, FNS has played a special role in monitoring the
participation of PNOs in the SFSP. Section 13(p)(1) of the NSLA, which
was added by Pub. L. 101-147, the Child Nutrition and WIC
Reauthorization Act of 1989, authorizes the Secretary to establish a
system of compliance monitoring of PNOs. As mandated in section
13(p)(2), one half of one percent of each annual appropriation of the
SFSP funds this monitoring system. FNS regional offices carry out this
special monitoring effort by conducting reviews of PNOs in their
States. In order to conduct these reviews, regional offices rely on
receiving information on a timely basis from the State agencies about
the PNOs that are approved each year to operate the Program. Because of
the importance of these reviews, the SFSP regulations were amended on
April 10, 1990, to require State agency submission of this information
to FNS regional offices.
In the December 28, 1999 interim rule, paragraph (e) of Sec. 225.8
which contained this submission requirement was mistakenly removed.
This paragraph required State agencies to submit to their FNS regional
office a list of potential PNO sponsors and their addresses by May 1st
each year. For each potential PNO sponsor, State agencies were required
to estimate the number of sites, locations, dates of operation per
site, and daily attendance per site. This paragraph also referenced the
need to gather and analyze information on PNOs that was required in
Sec. 225.6(a)(3). (The interim rule removed Sec. 225.6(a)(3) because
the statutory requirement addressed in this paragraph was eliminated by
Pub. L. 105-336, the William F. Goodling Child Nutrition
Reauthorization Act of 1998). Additionally, State agencies were
required to supply additional information and to update previously
estimated information about each approved PNO within 5 working days of
the approval.
To eliminate the potential for confusion about FNS' need for this
information, we are restoring this requirement in Sec. 225.8 in this
rulemaking. The new paragraph contains similar language to the old
paragraph, with some exceptions. The new paragraph does not require the
analysis of information collected in accordance with Sec. 225.6(a)(3),
since that analysis is no longer required. Similarly, we do not ask
State agencies to report homeless sites, since sites are no longer
categorized as specifically serving a homeless population.
Accordingly, a new paragraph (d) is added to Sec. 225.8 to require
State agency submission of a list of potential PNO sponsors by May 1st
of each year. New paragraph (d) will also require State agencies to
submit additional detailed information of PNO sponsors within 5 days of
their approval to participate in the Program.
Corrections
This rule corrects several errors in part 225. We are revising
Sec. 225.15(f)(4)(vii) to specify that the penalties notice should
appear immediately above the signature block on the application for
free meals. This is consistent with the Meal Benefit Form prototype
(free and reduced price meal application) that FNS revised in spring
2000. Another correction is to the breakfast meal pattern chart found
in Sec. 225.16(d)(1). The minimum amount for cooked dry beans or peas
under the meat and meat alternates component is shown as \1/2\ cup. The
correct amount should be \1/4\ cup. The SFSP meal pattern charts were
most recently updated in a final rule entitled ``Modification of the
``Vegetable Protein Products'' Requirements for the National School
Lunch Program, School Breakfast Program, Summer Food Service Program
and Child and Adult Care Food Program,'' which was published on March
9, 2000 (65 FR 12429). Lastly, we are correcting addresses for several
FNS regional offices in various paragraphs of Sec. 225.19.
II. Procedural Matters
Executive Order 12866
This final rule has been determined to be not significant for
purposes of Executive Order 12866, and therefore has not been reviewed
by the Office of Management and Budget.
Public Law 104-4
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, requires Federal agencies to assess the effects of their
regulatory actions on State, local, and tribal governments and the
private sector. Under section 202 of the UMRA, the Food and Nutrition
Service generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with Federal mandates
that may result in expenditures to State, local, or tribal governments,
in the aggregate, or to the private sector, of $100 million or more in
any one year. When such a statement is needed for a rule, section 205
of the UMRA generally requires the Food and Nutrition Service to
identify and consider a reasonable number of regulatory alternatives
and adopt the least costly, more cost-effective or least burdensome
alternative that achieves the objectives of the rule.
This rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local and tribal
governments or the private sector of $100 million or more in any one
year. Thus, this rule is not subject to the requirements of sections
202 and 205 of the UMRA.
Executive Order 12372
The Summer Food Service Program is listed in the Catalog of Federal
Domestic Assistance under No. 10.559. For the reasons set forth in the
final rule in 7 CFR part 3015, subpart V, and related notices (48 FR
29114 and 49 FR 2276), this program is included in the scope of
Executive Order 12372, which requires intergovernmental consultation
with State and local officials.
Regulatory Flexibility Act
This final rule has been reviewed with regard to the requirements
of the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612). Samuel
Chambers, Jr., Administrator of the Food and Nutrition Service (FNS),
has certified that this rule will not have a significant economic
impact on a substantial number of small entities. Since the provisions
contained in this rule were previously implemented, it will have no
impact.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is intended to have preemptive effect
with respect to any State or local laws, regulations or policies which
conflict with its provisions or which would otherwise impede its full
implementation. This rule is not intended to have retroactive effect
unless so specified in the EFFECTIVE DATE section of the preamble of
the rule. Prior to any judicial challenge to the provisions of this
rule or the applications of its provisions, all applicable
administrative procedures must be exhausted. This includes any
administrative procedures available through State or local governments.
SFSP administrative procedures are set forth at: (1) 7 CFR 225.13,
which outlines appeals procedures for use by a sponsor or a food
service management company; and (2) 7 CFR 225.17 and 7 CFR parts 3016
and 3019, which address administrative appeal procedures for disputes
involving
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procurement by State agencies and sponsors.
Paperwork Reduction Act
This final rule contains information collection requirements in
Sec. 225.8(d) that have been approved by the Office of Management and
Budget on February 28, 2000 (control number 0584-0280) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507).
List of Subjects in 7 CFR Part 225
Food and Nutrition Service, Food assistance programs, Grant
programs--health, Infants and children, Labeling, Reporting and
recordkeeping requirements.
Accordingly, the interim rule amending 7 CFR part 225, which was
published at 64 FR 72474 on December 28, 1999, is adopted as a final
rule with the following changes:
PART 225--SUMMER FOOD SERVICE PROGRAM
1. The authority citation for part 225 continues to read as
follows:
Authority: Secs. 9, 13, and 14, National School Lunch Act, as
amended (42 U.S.C. 1758, 1761, and 1762a).
2. In Sec. 225.8, add new paragraph (d) to read as follows:
Sec. 225.8 Records and reports.
* * * * *
(d)(1) By May 1 of each year, State agencies must submit to the
appropriate FNSRO a list of potential private nonprofit organization
sponsors. The list must include the following information for each
applicant sponsor:
(i) Name and address;
(ii) Geographical area(s) proposed to be served;
(iii) Proposed number of sites; and
(iv) Any available details of each proposed site including address,
dates of operation, and estimated daily attendance.
(2) State agencies must also notify the appropriate FNSRO within 5
working days after they approve each private nonprofit organization to
participate as a SFSP sponsor. When State agencies notify the FNSRO of
sponsor approval, they must provide the following information:
(i) Any changes to site locations, dates of operation, and
estimated daily attendance that was previously provided;
(ii) The hours and type(s) of approved meal service at each site;
(iii) The type of site approval--open, restricted open, closed
enrolled, or camp; and
(iv) Any other important details about each site that would help
the FNSRO plan reviews, including whether the site is rural or urban,
or vended or self-preparation.
3. In 225.15, revise paragraph (f)(4)(vii) to read as follows:
Sec. 225.15 Management responsibilities of sponsors.
* * * * *
(f) * * *
(4) * * *
(vii) A notice placed immediately above the signature block stating
that the person signing the application certifies that all information
provided is correct, that the household is applying for Federal
benefits in the form of free Program meals, that Program officials may
verify the information on the application, and that purposely providing
untrue or misleading statements may result in prosecution under State
or Federal criminal laws; and
* * * * *
4. In Sec. 225.16, revise the entry for ``Cooked dry beans or
peas'' in the table under Meat and Meat Alternates (Optional) in
paragraph (d)(1) to read as follows:
Sec. 225.16 Meal service requirements.
* * * * *
(d) * * *
(1) * * *
------------------------------------------------------------------------
Food components Minimum amount
------------------------------------------------------------------------
* * * * *
Meat and Meat Alternates (Optional)
* * * * *
Cooked dry beans or peas.................. \1/4\ cup.
* * * * *
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5. In Sec. 225.19, revise paragraphs (b), (c), (d), (e), (f) and
(g) to read as follows:
Sec. 225.19 Regional office addresses.
* * * * *
(b) In the States of Delaware, District of Columbia, Maryland, New
Jersey, Pennsylvania, Puerto Rico, Virginia, Virgin Islands, and West
Virginia: Mid-Atlantic Regional Office, FNS, U.S. Department of
Agriculture, Mercer Corporate Park, 300 Corporate Boulevard,
Robbinsville, NJ 08691-1598.
(c) In the States of Alabama, Florida, Georgia, Kentucky,
Mississippi, North Carolina, South Carolina, and Tennessee: Southeast
Regional Office, FNS, U.S. Department of Agriculture, 61 Forsyth
Street, SW, Room 8T36, Atlanta, GA 30303-3415.
(d) In the States of Illinois, Indiana, Michigan, Minnesota, Ohio,
and Wisconsin: Midwest Regional Office, FNS, U.S. Department of
Agriculture, 77 West Jackson Boulevard, 20th Floor, Chicago, IL 60604-
3507.
(e) In the States of Arkansas, Louisiana, New Mexico, Oklahoma and
Texas: Southwest Regional Office, FNS, U.S. Department of Agriculture,
1100 Commerce Street, Room 5-C-30, Dallas, TX 75242-9980.
(f) In the States of Colorado, Iowa, Kansas, Missouri, Montana,
Nebraska, North Dakota, South Dakota, Utah and Wyoming: Mountain Plains
Regional Office, FNS, U.S. Department of Agriculture, 1244 Speer
Boulevard, Suite 903, Denver, CO 80204-3581.
(g) In the States of Alaska, American Samoa, Arizona, California,
Guam, Hawaii, Idaho, Nevada, Oregon, the Commonwealth of the Northern
Mariana Islands, and Washington: Western Regional Office, FNS, U.S.
Department of Agriculture, 550 Kearney Street, Room 400, San Francisco,
CA 94108-2518.
Dated: December 21, 2000.
George A. Braley,
Acting Administrator.
[FR Doc. 00-33095 Filed 12-27-00; 8:45 am]
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