[Federal Register Volume 61, Number 229 (Tuesday, November 26, 1996)]
[Rules and Regulations]
[Pages 60009-60013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30133]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 229 / Tuesday, November 26, 1996 / 
Rules and Regulations  

[[Page 60009]]



DEPARTMENT OF AGRICULTURE

Food and Consumer Service

7 CFR Parts 271, 272, 282, 284, and 285

[Amdt. No. 371]
RIN: 0584-AC14


Food Stamp Program, Regulatory Review; Alaska, the Commonwealth 
of the Northern Mariana Islands, Puerto Rico, and Demonstration 
Projects

AGENCY: Food and Consumer Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule amends Food Stamp Program rules affecting Alaska, 
the Commonwealth of the Northern Mariana Islands, Puerto Rico, and 
demonstration projects. This action is a result of a comprehensive, 
page-by-page review, of all existing Food Stamp Program regulations 
which was conducted in response to the President's efforts to reform 
the Federal regulatory system. This rule eliminates prescriptive 
detailed processes and empowers States to set their own procedures for 
case management and customer service; eliminates outdated and redundant 
regulatory requirements; and emphasizes recipient responsibility for 
applying and reporting their circumstances properly.

DATES: This final rule is effective December 26, 1996, and must be 
implemented May 27, 1997.

FOR FURTHER INFORMATION CONTACT: Judith M. Seymour, Chief, 
Certification Policy Branch, Program Development Division, Food and 
Consumer Service, USDA, 3101 Park Center Drive, Alexandria, Virginia, 
22302, (703) 305-2520.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This rule has been determined to be not significant for the 
purposes of Executive Order 12866 and therefore was not reviewed by the 
Office of Management and Budget.

Executive Order 12372

    The Food Stamp Program is listed in the Catalog of Federal Domestic 
Assistance under No. 10.551. For the reasons set forth in the final 
rule in 7 CFR Part 3015, Subpart V and related Notice (48 FR 29115), 
this Program is excluded from the scope of Executive Order 12372 which 
requires intergovernmental consultation with State and local officials.

Regulatory Flexibility Act

    This rule has been reviewed with regard to the requirements of the 
Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612). William E. 
Ludwig, Administrator, Food and Consumer Service, has certified that 
this final rule will not have a significant economic impact on a 
substantial number of small entities. State and local welfare agencies 
will be the most affected to the extent that they administer the 
Program.

Paperwork Reduction Act

    Sections 272.7(b) and (i) of this rulemaking require submission to 
FCS of amendments to the Alaska State Plan of Operation. The 
information collection burden associated with amendments to a State 
agency's Plan of Operation is currently approved by the Office of 
Management and Budget (OMB) under OMB Number 0584-00830. This 
rulemaking does not alter the burden estimates as currently approved. 
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), FCS solicited comments through an April 1, 1996 publication in 
the Federal Register (61 FR 14287, 14288) of a notice on the current 
information collection requirements related to the State Plan of 
Operation. The comment period ended on May 31, 1996. There were no 
comments received on that portion of the notice which describes the 
burden associated with the State Plan of Operation. The proposed 
collection will be submitted to OMB for review and at that time the 
Department will publish a notice which will provide an additional 
opportunity to comment. The reporting burden in Sec. 285.3 related to 
the Puerto Rico State Plan of Operation affects only the Puerto Rico 
State agency. Under the Paperwork Reduction Act, burden is not required 
to be assessed and submitted to OMB for review if the number of 
respondents is less than nine.

Executive Order 12778

    This rule has been reviewed under Executive Order 12778, 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'' paragraph of this 
preamble. Prior to any judicial challenge to the provisions of this 
rule or the application of its provisions, all applicable 
administrative procedures must be exhausted. In the Food Stamp Program 
the administrative procedures are as follows: (1) For Program benefit 
recipients--State administrative procedures issued pursuant to 7 U.S.C. 
2020(e)(1) and 7 CFR 273.15; (2) for State agencies--administrative 
procedures issued pursuant to 7 U.S.C. 2023 set out at 7 CFR 276.7 (for 
rules related to non-quality control (QC) liabilities) or Part 283 (for 
rules related to QC liabilities); (3) for Program retailers and 
wholesalers--administrative procedures issued pursuant to 7 U.S.C. 2023 
set out at 7 CFR 278.8.

Background

    This rule is the first revision of the regulations governing the 
Food Stamp Program issued in response to the President's Regulatory 
Reform Initiative. For a detailed description of the analysis of the 
initiative and its application by this Department, readers are referred 
to the proposed rule published on January 24, 1996 at 61 FR 1849.
    In this rule, we are amending food stamp regulations affecting 
Alaska, Puerto Rico, the Commonwealth of the Northern Mariana Islands, 
and demonstration projects. The amendments streamline administration of 
the program in these areas, offer greater flexibility to State agencies 
in enacting policy, and improve customer service.

[[Page 60010]]

    We received a comment letter from the Alaska Department of Health 
and Social Services (the State agency), addressing technical changes to 
three of the provisions regarding the administration of the program in 
the State of Alaska. With the exception of minor changes, to the 
proposed regulations suggested by this comment, which are discussed in 
the following paragraphs, the provisions of the proposed rule are being 
adopted without change. For a detailed description of these provisions 
readers are referred to the proposed rule.
    Section 272.7, of the proposed rule described special procedures 
for administration of the Food Stamp Program in Alaska. Section 
272.7(a), the introductory paragraph to Sec. 272.7, specified that FCS 
had developed additional regulations to accommodate the unique 
demographic and climatic characteristics of certain areas in rural 
Alaska. The paragraph further specified that, with the exception of 
paragraph (f) which contains provisions regarding the treatment of 
resources, the special procedures described in Sec. 272.7 would be 
limited to the designated rural areas of Alaska.
    Section 272.7(c) of the proposed rule defined ``fee agent'' and 
described the duties of such agents. In its comment letter, the State 
agency requested that we amend Sec. 273.7(a) so that fee agents may be 
used in urban areas. Under section 11(m) of the Food Stamp Act of 1977, 
as amended, (7 U.S.C. 2020(m)) the Secretary is directed to provide for 
the use of fee agents in rural Alaska. In view of the explicit 
statutory language limiting the use of fee agents to only rural areas 
of Alaska, the Department does not have the authority to expand the use 
of fee agents to urban areas. We would, however, consider granting 
waivers allowing for the use of fee agents in urban areas of Alaska on 
a limited basis.
    Under the proposed rule at Sec. 272.7(b)(4), the State agency may, 
in consultation with FCS, change the designation of any Alaska 
subdivision to reflect changes in demographics or the cost of food 
within the subdivision. The State agency requested clarification of how 
it may initiate changes in the designation of areas as rural or urban. 
Since the designation of which areas are urban or rural is included in 
the State Plan of Operation, described at 7 CFR 272.2, changes in the 
Plan would be made pursuant to the procedures at 7 CFR 272.2(f).
    In response to the State agency's request, we are also changing the 
title of proposed Sec. 272.7(f) from ``Resources'' to ``Vehicles'' 
since that section refers only to the treatment of vehicles as a 
resource.

Implementation

    The provisions of this rulemaking are effective no later than 30 
days after publication of the final rule. State agencies shall 
implement the provisions no later than 180 days after that date.

List of Subjects

7 CFR Part 271

    Administrative practice and procedure, Food stamps, Grant 
programs--social programs.

7 CFR Part 272

    Alaska, Civil Rights, Food Stamps, Grant programs--social programs, 
Reporting and recordkeeping requirements.

7 CFR Part 282

    Food stamps, Governmental contracts, Grant programs--social 
programs, Research.

7 CFR Part 284

    Administrative practice and procedure, Food assistance programs, 
Grant programs--social programs, Health, Nutrition.

7 CFR Part 285

    Accounting, Food assistance programs, Grant programs--agricultural, 
Grant programs--social programs, Intergovernmental relations, Puerto 
Rico, Technical assistance, Reporting and recordkeeping requirements.

    Accordingly, 7 CFR parts 271, 272, 282, 284, and 285 are amended as 
follows:
    1. The authority citation for 7 CFR parts 271, 272, 282, 284, and 
285 continue to read as follows:

    Authority: 7 U.S.C. 2011-2034.

PART 271--GENERAL INFORMATION AND DEFINITIONS


Sec. 271.2   [Amended]

    2. In Sec. 271.2, the definition of ``State'' is amended by 
removing the words ``the Northern Mariana Islands,''.

PART 272--REQUIREMENTS FOR PARTICIPATING STATE AGENCIES

    3. In Sec. 272.1, paragraph (g)(152) is added to read as follows:


Sec. 272.1   General terms and conditions.

* * * * *
    (g) Implementation * * *
    (152) Amendment No. 361  The provisions of Amendment No. 361 are 
effective December 26, 1996, and must be implemented May 27, 1997. Any 
variances resulting from implementation of the provisions of this 
amendment shall be excluded from error analysis for 120 days from this 
required implementation date in accordance with 7 CFR 
275.12(d)(2)(vii). The provision must be implemented for all households 
that newly apply for Program benefits on or after the required 
implementation date. The current caseload shall be converted to these 
provisions at the household's request, at the time of recertification, 
or when the case is next reviewed, whichever occurs first. The State 
agency must provide restored benefits to such households back to the 
required implementation date or the date of application whichever is 
later.
    If for any reason a State agency fails to implement on the required 
implementation date, restored benefits shall be provided, if 
appropriate, back to the required implementation date or the date of 
application whichever is later, but for no more than 12 months in 
accordance with Sec. 273.17(a) of this chapter.


Sec. 272.4   [Amended]

    4. In Sec. 272.4, the third sentence of paragraph (a)(2) is amended 
by adding the words ``, Sec. 272.7(d) for households residing in rural 
Alaska,'' before the words ``and part 280 for disaster victims.''
    5. Section 272.7 is revised to read as follows:


Sec. 272.7   Procedures for program administration in Alaska.

    (a) Purpose. To achieve the efficient and effective administration 
of the Food Stamp Program in rural areas of Alaska, FCS has determined 
that it is necessary to develop additional regulations which are 
specifically designed to accommodate the unique demographic and 
climatic characteristics which exist in these rural areas. The 
regulations established in this section, except for paragraph (f) of 
this section, shall apply only in those areas of Alaska designated as 
``rural'' in paragraph (b) of this section. All regulations not 
specifically modified by this section shall remain in effect.
    (b) Area Designations. (1) Rural I Alaska TFP refers to a Thrifty 
Food Plan (TFP) that is the higher of the TFP that was in effect in 
each area on October 1, 1985, or 28.52 percent higher than the 
Anchorage TFP, as calculated by FCS, with rounding and other reductions 
that are appropriate. It is to be used in the following areas: In all 
places in Kodiak Island Borough with the exception of Kodiak; in all 
places in the Kenai Peninsula Borough that are west of Cook

[[Page 60011]]

Inlet (including Tyonek, Kustatan, Kalgin Island, Iliamna, Chenik, and 
Augustine Island) and Chugach Island, English Bay, Port Graham, 
Portlock, Pt. Gore, Pye Island, and Seldovia. In the Yukon-Koyukuk 
Census Area, the city of Nenana; and Skwentna in the Matanuska-Susitna 
Borough. In the Valdez-Cordova Census Area, all places except Dayville 
and Valdez; and in the Southeast Fairbanks Census Area all places 
except Big Delta, Delta Junction, and Fort Greely. In the Skagway-
Yakutat-Angoon Census Area, all places except Skagway; in Sitka Borough 
all places except Sitka; in the Wrangell-Petersburg Census Area, all 
places except Wrangell and Petersburg; in the Ketchikan Gateway 
Borough, all places except Ketchikan, Saxman, and Ward Cove; in the 
Prince of Wales-Outer Ketchikan Census Area, all places except Craig, 
Hyder, and Metlakatla.
    (2) Rural II Alaska TFP refers to a TFP that is 56.42 percent 
higher than the Anchorage TFP, as calculated by FCS, with rounding and 
other reductions that are appropriate. It is to be used in the 
following areas: North Slope Borough; Kobuk Census Area; Nome Census 
Area; Yukon-Koyukuk Census Area except for the city of Nenana; Wade 
Hampton Census Area; Bethel Census Area; Denali in the Matanuska-
Susitna Borough; Dillingham-Bristol Bay Borough; and in all places in 
the Aleutian Islands except for Cold Bay and Adak.
    (3) Urban Alaska TFP refers to a TFP that is the higher of the TFP 
that was in effect in each area on October 1, 1985, or .79 percent 
higher than the Anchorage TFP, as calculated by FCS, with rounding and 
other reductions that are appropriate. It is to be used in the 
following areas: Cold Bay and Adak in the Aleutian Islands; Kodiak in 
Kodiak Island Borough; Valdez and Dayville in the Valdez-Cordova Census 
Area; all places in Kenai Peninsula Borough that are on the Kenai 
Peninsula except for those specifically designated as Rural I; the 
entire Anchorage Borough; the entire Matanuska-Susitna Borough except 
for Denali and Skwentna; the entire Fairbanks-North Star Borough; the 
entire Juneau Borough; the entire Haines Borough; Sitka in the Sitka 
Borough; Skagway in the Skagway-Yakutat-Angoon Census Area; Wrangell 
and Petersburg in the Wrangell-Petersburg Census Area; Ketchikan, 
Saxman, and Ward Cove in the Ketchikan-Gateway Borough; Craig, Hyder, 
and Metlakatla in the Prince of Wales-Outer Ketchikan Census Area; and 
Big Delta, Delta Junction, and Fort Greely in the Southeast-Fairbanks 
Census Area.
    (4) The State agency may, in consultation with FCS, change the 
designation of any Alaska subdivision contained in the Plan of 
Operation to reflect changes in demographics or the cost of food within 
the subdivision.
    (c) Fee agents. ``Fee agent'' means a paid agent who, on behalf of 
the State, is authorized to make applications available to low-income 
households, assist in the completion of applications, conduct required 
interviews, secure required verification, forward completed 
applications and supporting documentation to the State agency, and 
provide other services as required by the State agency. Such services 
shall not include making final decisions on household eligibility or 
benefit levels.
    (d) Application processing. The State agency may modify the 
application processing requirements in Sec. 273.2 of this chapter as 
necessary to insure prompt delivery of services to eligible households. 
The following restrictions apply:
    (1) Fee agent processing. If the signed application is first 
submitted by a household to a fee agent, the fee agent shall mail the 
application to the State agency within 5 days of receipt. The fee agent 
shall give the household the maximum amount of time to provide needed 
verification as long as the five-day processing period is met.
    (2) Application filing date. An application is considered filed for 
purposes of timely processing when it is received by an office of the 
State agency.
    (3) Application processing timeframes. Eligible households must be 
provided an opportunity to participate as soon as possible but no later 
than 30 days after the application is received by an office of the 
State agency.
    (4) Expedited service. (i) If the signed application is first 
submitted by a household to a fee agent, the fee agent shall mail the 
application to the State agency within 5 days of receipt. If the 
household is eligible for expedited service, the State agency will mail 
the coupons no later than the close of business of the second working 
day following the date the application was received by the State 
agency.
    (ii) If the signed application is submitted directly to the State 
agency in person by a rural resident or its authorized representative 
or by mail, the State agency shall process the application and issue 
coupons to households eligible for expedited service in accordance with 
the time standards contained in Sec. 273.2(i)(3) of this chapter.
    (iii) If an incomplete application is submitted directly to the 
State agency by mail, the State agency shall conduct the interview by 
the first working day following the date the application was received 
if the fee agent can contact the household or the household can be 
reached by telephone or radio-phone and does not object to this method 
of interviewing on grounds of privacy. Based on information obtained 
during the interview, the State agency shall complete the application 
and process the case. Because of the mailing time in rural areas, the 
State agency shall not return the completed application to the 
household for signature. The processing standard shall be calculated 
from the date the application was filed.
    (5) SSI Joint Processing. SSA workers shall mail all jointly 
processed applications to the appropriate State agency office within 5 
days of receipt of the application. A jointly processed application 
shall be considered filed for purposes of timely processing when it is 
received by an office of the State agency. The household, if determined 
eligible, shall receive benefits retroactive to the first day of the 
month in which the jointly processed application was received by the 
SSA worker.
    (6) Interviews. The State agency shall interview applicant 
households in the most efficient manner possible, either by face-to-
face contact, telephone, radiophone, or other means of correspondence 
including written correspondence. In instances in which an interview 
cannot be conducted, the State agency may postpone the interview until 
after the household is certified.
    (e) Determining household eligibility and benefit level. If a 
household submits its application to a fee agent, it shall, if 
eligible, receive benefits retroactive to the date the application is 
received by the fee agent. If a household submits its application 
directly to a State agency office, it shall, if determined eligible, 
receive benefits retroactive to the date the application is received by 
the State agency.
    (f) Vehicles. In areas of the State where there are no licensing 
requirements, snowmobiles and boats used by the household for basic 
transportation shall be evaluated in accordance with Sec. 273.8(h) of 
this chapter even though they are unlicensed. Vehicles necessary for 
subsistence hunting and fishing shall not be counted as a household 
resource.
    (g) Reporting changes. The State agency shall allow the household 
to choose to report changes either directly to the State agency or to 
the fee agent. If the household reports the change to the fee agent, 
the fee agent will mail the change report to the State agency office 
within two working days of the date of

[[Page 60012]]

receipt. The household's obligation to report the change will have been 
met if it submits the change to the fee agent within 10 days of the 
date the change becomes known to the household. However, for purposes 
of State agency action for increasing or decreasing benefits, the 
change will be considered to have been reported when it is received by 
a State agency office.
    (h) Fair hearings, fraud hearings, and agency conferences. The 
State agency shall conduct fair hearings, administrative fraud 
hearings, and agency conferences with households that wish to contest 
denial of expedited service in the most efficient manner possible, 
either by face-to-face contact, telephone, radiophone, or other means 
of correspondence including written correspondence, in order to meet 
the respective time standards contained in Sec. 273.15 and Sec. 273.16 
of this chapter.
    (i) Issuance services. With the approval of FCS, coupons may be 
mailed on a quarterly or semiannual basis to certain rural areas of 
Alaska when provisions are not available on a monthly basis. The 
decision to allow the distribution of coupons in this manner will be 
made on an annual basis. These areas shall be listed in the State's 
Plan of Operation. The State agency shall advise households that live 
in rural areas where quarterly or semiannual allotments are authorized. 
If, as the result of the issuance of quarterly or semiannual 
allotments, food coupons are overissued or underissued, the State 
agency shall process claim determinations and restore lost benefits.

PART 282--DEMONSTRATION, RESEARCH, AND EVALUATION PROJECTS

    6. Section 282.1 is revised to read as follows:


Sec. 282.1  Legislative authority and notice requirements.

    (a) Legislative authority. Section 17 of the Act authorizes the 
Secretary to conduct demonstration, research, and evaluation projects. 
In conducting such projects, the Secretary may waive all or part of the 
requirements of the Act and implementing regulations necessary to 
conduct such projects, except that no project, other than a project 
involving the payment of the average value of allotments by household 
size in the form of cash to eligible households or a project conducted 
to test improved consistency or coordination between the food stamp 
employment and training program and the Job Opportunities and Basic 
Skills program under Title IV of the Social Security Act, may be 
undertaken which would lower or further restrict the established income 
and resource standards or benefit levels.
    (b) Notices. At least 30 days prior to the initiation of a 
demonstration project, FCS shall publish a General Notice in the 
Federal Register if the demonstration project will likely have a 
significant impact on the public. The notice shall set forth the 
specific operational procedures and shall explain the basis and purpose 
of the demonstration project. If significant comments are received in 
response to this General Notice, the Department will take such action 
as may be appropriate prior to implementing the project. If the 
operational procedures contained in the General Notice described above 
are significantly changed because of comments, an amended General 
Notice will be published in the Federal Register at least 30 days prior 
to the initiation of the demonstration project, except where good cause 
exists supporting a shorter effective date. The explanation for the 
determination of good cause will be published with the amended General 
Notice. The amended General Notice will also explain the basis and 
purpose of the change.


Secs. 282.2 through 282.19  [Removed]

    7. Sections 282.2 through 282.19 are removed.
    8. A new Sec. 282.2 is added to read as follows:


Sec. 282.2  Funding.

    Federal financial participation may be made available to 
demonstration, research, and evaluation projects awarded by FCS through 
grants and contracts. Funds may not be transferred from one project to 
another. FCS will pay all costs incurred during the project, up to the 
level established in the grant, or in the terms and conditions of the 
contract. FCS may grant time extensions of the project upon approval. 
Funding for additional costs is subject to existing Federal grant and 
contract procedures.

PART 284--PROVISION OF A NUTRITION ASSISTANCE PROGRAM FOR THE 
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS (CNMI) [REMOVED AND 
RESERVED]

    9. Part 284 is removed and reserved.

PART 285--PROVISION OF A NUTRITION ASSISTANCE GRANT FOR THE 
COMMONWEALTH OF PUERTO RICO


Sec. 285.2  [Amended]

    10. In Sec. 285.2, the first sentence of paragraph (b) is amended 
by removing the citations ``Secs. 285.4 and 285.7 in this part'' and 
adding ``Secs. 285.3 and 285.5'' in their place.
    11. In Sec. 285.3:
    a. The second sentence of paragraph (a) is removed.
    b. The third sentence of paragraph (a) is amended by removing the 
word ``subsequent''.
    c. Paragraph (b)(3)(iii) is removed.
    d. New paragraphs (d), (e), (f), (g), and (h) are added.
    The additions read as follows:


Sec. 285.3 Plan of operation.

* * * * *
    (d) FCS shall approve or disapprove any plan of operation no later 
than August 1 of the year of its submission. FCS approval of the plan 
of operation shall be based on an assessment that the nutrition 
assistance program, as defined in the plan of operation, is:
    (1) Sufficient to permit analysis and review;
    (2) Reasonably targeted to the most needy persons as defined in the 
plan of operation;
    (3) Supported by an assessment of the food and nutrition needs of 
needy persons;
    (4) Reasonable in terms of the funds requested;
    (5) Structured to include safeguards to prevent fraud, waste, and 
abuse in the use of grant funds; and
    (6) Consistent with all applicable Federal laws.
    (e) FCS shall approve or disapprove any amendments to those 
provisions of the plan of operation specified in paragraph (b) of this 
section. If FCS fails either to approve or deny the amendment, or to 
request additional information within 30 days, the amendment to the 
plan of operation is approved. If additional information is requested, 
the Commonwealth of Puerto Rico shall provide this as soon as possible, 
and FCS shall approve or deny the amendment to the plan of operation. 
Payment schedules and other program operations may not be altered until 
an amendment to the plan of operation is approved. The Commonwealth of 
Puerto Rico shall, for informational purposes, submit to FCS any 
amendments to those provisions of the plan of operation not specified 
in paragraph (b) of this section. Such submittal shall be made at least 
30 days prior to the effective date of the amendment. If circumstances 
warrant a waiver of the 30-day requirement, the Commonwealth of Puerto 
Rico shall submit a waiver request to FCS for consideration. Should FCS 
determine that such an amendment relates to the provisions of paragraph 
(b) of this section, FCS approval as established above will be 
necessary for the amendment to be implemented.

[[Page 60013]]

    (f) FCS may approve part of any plan of operation or amendment 
submitted by the Commonwealth of Puerto Rico contingent on appropriate 
action by the Commonwealth of Puerto Rico with respect to the problem 
areas in the plan of operation.
    (g) If all or part of the plan of operation is disapproved, FCS 
shall notify the appropriate agency in the Commonwealth of Puerto Rico 
of the problem area(s) in the plan of operation and the actions 
necessary to secure approval.
    (h) In accordance with the provisions of Sec. 285.5, funds may be 
withheld or denied when all or part of a plan of operation is 
disapproved.


Secs. 285.4 and 285.5  [Removed]

    12. Sections 285.4 and 285.5 are removed.


Sec. 285.6  [Redesignated as Sec. 285.4]

    13. Section 285.6 is redesignated Sec. 285.4.


Sec. 285.7  [Redesignated as Sec. 285.5 and amended]

    14. In Sec. 285.7:
    a. The section is redesignated Sec. 285.5.
    b. The first sentence of paragraph (a) is amended by removing the 
citation ``Sec. 285.6'' and adding ``Sec. 285.4'' in its place.
    c. The first sentence of paragraph (b) is amended by removing the 
citation ``Sec. 285.6'' and adding ``Sec. 285.4'' in its place.


Secs. 285.8 through 285.10  [Removed]

    15. Sections 285.8 through 285.10 are removed.

    Dated: October 4, 1996.
William E. Ludwig,
Administrator, Food and Consumer Service.
[FR Doc. 96-30133 Filed 11-25-96; 8:45 am]
BILLING CODE 3410-30-P