[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.
 
                  *        *        *        *        *
------------------------------------------------------------------------


    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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