Unknown. Interim rule

4,714 words·~21 min read·/register/2000/06/08/00-14385·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2000-06-08.xml --- 65 111 Thursday, June 8, 2000 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Food and Nutrition Service See Forest Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 36401-36404 00-14412 Army Army Department See Engineers Corps Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.:

Genetic test data; collection, analysis, and dissemination model system development, 36446-36448 00-14424 Intimate Partner Violence Surveillance Program, 36448-36451 00-14425 Using private provider partnerships to strengthen immunization message, 36451 00-14426 Civil Civil Rights Commission NOTICES Meetings; Sunshine Act, 36404 00-14597 Coast Guard Coast Guard RULES Drawbridge operations: Michigan, 36338 00-14154 Ports and waterways safety: New York Harbor, Ellis Island, NY; safety zone, 36338-36340 00-14508 Sandy Hook Bay et al., NY; safety zones, 36340-36343 00-14507 PROPOSED RULES Ports and waterways safety:

United Nations Headquarters, East River, NY; dignitary arrival/departure and UN meetings; permanent security zones, 36393-36395 00-14506 NOTICES Agency information collection activities: Submission for OMB review; comment request, 36502-36503 00-14505 Commerce Commerce Department See International Trade Administration See Minority Business Development Agency Commodity Commodity Credit Corporation RULES Agricultural disaster and market assistance, 36549-36584 00-13934 Commodity Commodity Futures Trading Commission NOTICES Contract market proposals:

Chicago Board of Trade— Corn, oats, rice, soybeans, wheat, gold, and silver; contract terms and conditions, 36416-36417 00-14383 Customs Customs Service NOTICES Automation program test: Prototype— Reconciliation, 36505 00-14509 Country of origin marking: Producers’ goods and consumers’ goods; distinction, 36505-36506 00-14466 Defense Defense Department See Engineers Corps NOTICES Agency information collection activities: Submission for OMB review; comment request, 00-14416 36417-36418 00-14417 Arms sales notification; transmittal letter, etc., 36418-36421 00-14419 Federal Acquisition Regulation (FAR):

Agency information collection activities— Submission for OMB review; comment request, 00-14443 36422 00-14444 Meetings: Defense Policy Board Advisory Committee, 36423 00-14415 Reports and guidance documents; availability, etc.: Interim Range Rule Risk Methodology (IR3M), 36423-36424 00-14418 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Ganes Chemicals Inc., 36466 00-14478 Noramco, Inc., 36466-36467 00-14477 Organichem Corp., 36467 00-14479 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

National Institute on Disability and Rehabilitation Research— Rehabilitation Research and Training Centers; correction, 36595-36596 00-14386 Meetings: President's Advisory Commission on Educational Excellence for Hispanic Americans, 36424 00-14423 Reports and guidance documents; availability, etc.: Special education and rehabilitative services— Blind and visually impaired students; education policy statement, 36585-36594 00-14485 Employment Employment and Training Administration NOTICES Adjustment assistance:

Chemall, Inc., 36470 00-14470 Cross Creek Apparel, Inc., 36471 00-14469 Ithaca Industries, Inc., 36471 00-14468 Mulay Plastics, 36471 00-14474 Adjustment assistance and NAFTA transitional adjustment assistance: Cooper Energy Services, 36468-36469 00-14472 Forge Products Corp. et al., 36469-36470 00-14475 NAFTA transitional adjustment assistance: Fort James Operating Co., 36471 00-14473 Mid-American Electro-Cords, 36472 00-14471 Energy Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration Engineers Engineers Corps NOTICES Environmental statements; notice of intent:

White River Basin, AR and MO; White River Minimum Flow Project; correction, 36509 C0-13345 EPA Environmental Protection Agency RULES Air pollution control: State operating permits programs- Georgia, 36358-36362 00-14166 Tennessee, 36362-36364 00-14169 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Arizona, 36353-36358 00-13978 Air quality implementation plans; approval and promulgation; various States:

California, 36349-36351 00-14173 Indiana, 36343-36349 00-13839 00-13841 Wisconsin, 36351-36353 00-14175 Hazardous waste: Identification and listing— Organobromines production wastes; correction, 36365-36367 00-14321 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Imidacloprid, 36367-36373 00-14422 PROPOSED RULES Air pollution control: State operating permits programs- Georgia, 36397 00-14167 Tennessee, 36397-36399 00-14170 Air quality implementation plans; approval and promulgation; various States:

California, 36397 00-14174 Indiana, 00-13840 36396-36397 00-13842 Wisconsin, 36397 00-14176 NOTICES Air programs: State implementation plans; adequacy status for transportation conformity purposes— Delaware, 36440-36441 00-14600 District of Columbia, Maryland, and Virginia, 36439-36440 00-14599 Maryland, 36441-36442 00-14601 Pennsylvania, 36438-36439 00-14598 Meetings: Science Advisory Board, 36442 00-14490 Reports and guidance documents; availability, etc.: Pesticide Registration Notice; pests of significant public health importance; list, 36442-36443 00-14498 Equal Equal Employment Opportunity Commission RULES Americans with Disabilities Act:

Mitigating measures used by persons with impairments; Title I interpretive guidance, 36327 00-14476 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives: Allison Engine Co., 36317-36319 00-14441 PROPOSED RULES Airworthiness directives: Learjet, 36391-36393 00-14438 FCC Federal Communications Commission RULES Radio broadcasting: Noncommercial educational broadcast station applicants; comparative standards reexamination, 36375-36382 00-14439 Radio stations; table of assignments:

Arizona, 36374 00-14379 Louisiana, 36374 00-14381 Wyoming, 36374-36375 00-14377 Television broadcasting: Cable Television Consumer Protection and Competition Act of 1992— Horizontal ownership limits; stay lifted, 36382 00-14538 PROPOSED RULES Radio stations; table of assignments: Florida, 36399-36400 00-14376 North Dakota, 36399 00-14378 West Virginia, 36399 00-14380 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: PSEG Chorzow B.V. et al., 36428-36433 00-14387 Environmental statements; availability, etc.:

Southern Natural Gas Co., 00-14399 36433-36436 00-14400 Trans-Union Interstate Pipeline, L.P., 36436-36437 00-14396 Williams Gas Pipelines Central, Inc., 36437-36438 00-14397 Practice and procedure: Off-the-record communications, 36438 00-14395 *Applications, hearings, determinations, etc.:* Bangor Gas Co., 36424-36425 00-14401 Blandin Paper Co., 36425 00-14402 Columbia Gulf Transmission Co., 36425 00-14394 Eastern Shore Natural Gas Co., 36425-36426 00-14391 Natural Gas Pipeline Co. of America, 36426 00-14392 Northern Border Pipeline Co., 36426-36427 00-14398 Northern Natural Gas Co., 36427 00-14393 Sea Robin Pipeline Co., 36427-36428 00-14389 Tennessee Gas Pipeline Co., 36428 00-14388 Williams Gas Pipelines Central, Inc., 36428 00-14390 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 36443-36446 00-14450 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Critical habitat designations— Arroyo southwestern toad, 36511-36548 00-14085 NOTICES Endangered and threatened species permit applications, 36454-36455 00-14414 Environmental statements; availability, etc.: Incidental take permits— Bastrop County, TX; Houston toad, 36455-36457 00-14427 00-14428 00-14429 Marine mammals: Incidental taking; authorization letters, etc.— Oil and gas industry activities; polar bears and Pacific walruses, 36457 00-14454 Food Food and Drug Administration RULES Human drugs:

Sunscreen products (OTC); final monograph, 36319-36324 00-14212 Medical devices: General hospital and personal use devices— Liquid chemical sterilants/high level and general purpose disinfectants; classification, 36324-36326 00-14462 NOTICES Agency information collection activities: Proposed collection; comment request; correction, 36509 C0-13340 Meetings: Dermatologic and Ophthalmic Drugs Advisory Committee, 36451 00-14461 Medical Devices Advisory Committee, 36451-36452 00-14370 Technical Electronic Product Radiation Safety Standards Advisory Committee, 36452 00-14369 Reports and guidance documents; availability, etc.:

Donor questioning regarding possible exposure to malaria; recommendations, 36452-36453 00-14371 Food Food and Nutrition Service RULES Child nutrition programs: National school lunch and school breakfast programs— Blended beef, pork, poultry, or seafood products; identification, 36315-36317 00-14385 Forest Forest Service PROPOSED RULES National Forest System lands: Fixed Anchors in Wilderness Negotiated Rulemaking Advisory Committee— Meetings, 36395-36396 00-14309 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities— Submission for OMB review; comment request, 36422 00-14443 36422 00-14444 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Care Financing Administration Health Health Care Financing Administration NOTICES Agency information collection activities: Proposed collection; comment request, 36453-36454 00-14451 00-14452 00-14453 Indian Indian Affairs Bureau NOTICES Liquor and tobacco sale or distribution ordinance:

Quinault Indian Nation, WA, 36457-36461 00-14465 Tribal-State Compacts approval; Class III (casino) gambling: Northern Cheyenne Tribe, MT, 36461-36462 00-14504 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See National Park Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Excise taxes: Safe harbor deposit rules and fuel floor stock taxes, 36326-36327 00-14007 NOTICES Agency information collection activities:

Proposed collection; comment request, 00-14515 00-14516 36506-36508 00-14517 International International Trade Administration NOTICES Antidumping: Glycine from— China, 36405-36406 00-14500 Oil country tubular goods from— Canada, 36406-36410 00-14501 00-14502 Antidumping and countervailing duties: Sulfanilic acid from— China and India, 36404-36405 00-14499 Export trade certificates of review, 36410-36411 00-14382 Senior Executive Service: Performance Review Board; membership, 36411 00-14384 International International Trade Commission NOTICES Meetings;

Sunshine Act, 36465 00-14580 Justice Justice Department See Drug Enforcement Administration See Justice Programs Office See National Institute of Justice NOTICES Pollution control; consent judgments: Gayner et al., 36465 00-14455 Holden et al., 36466 00-14456 Justice Justice Programs Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 36467-36468 00-14421 Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Eastern Washington, 36462 00-14431 Utah, 36462 00-14430 Minerals Minerals Management Service RULES Outer Continental Shelf; oil, gas, and sulfur operations: Postlease operations safety; update and clarification; correction, 36328 00-13868 Minority Minority Business Development Agency NOTICES Grants and cooperative agreements; availability, etc.: Minority Business Capital Access Policy Institute establishment, 36411-36416 00-14503 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities— Submission for OMB review; comment request, 00-14443 36422 00-14444 Meetings: Advisory Council Space Flight Advisory Committee, 36472 00-14374 Space Science Advisory Committee, 36472 00-14372 National Foundation National Foundation on the Arts and the Humanities NOTICES Grants and cooperative agreements; availability, etc.: Fund for U.S. Artists at International Festivals and Exhibitions, 36472-36473 00-14457 Meetings: Combined Arts Advisory Panel, 36473 00-14274 National Institute National Institute of Justice NOTICES Meetings:

Future of DNA Evidence National Commission, 36468 00-14442 National Park National Park Service NOTICES Native American Graves Protection and Repatriation Act: Disposition of culturally unidentifiable human remains; recommendations, 36462-36464 00-14487 Native American human remains and associated funerary objects: South Dakota State Archaeological Research Center, SD— Inventory from Clay County, SD, 36464 00-14489 University of Alaska Museum, AK— Inventory from Sledge Island, AK, 36464-36465 00-14488 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities:

Proposed collection; comment request; 36473 00-14285 Environmental statements; availability, etc.: Commonwealth Edison Co., 36474-36477 00-14492 00-14494 Southern Nuclear Operating Co., Inc., 36477-36479 00-14495 Reports and guidance documents; availability, etc.: Nuclear byproduct material risk review; NRC and Agreement State materials licensing and inspection personnel; survey results, 36479 00-14493 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Peace Peace Corps NOTICES Agency information collection activities:

Submission for OMB review; comment request, 36479 00-14458 Personnel Personnel Management Office RULES Acquisition regulations: Federal Employees Health Benefits Program and Defense Department demonstration project and other miscellaneous changes, 36382-36390 00-13851 Presidential Presidential Documents ADMINISTRATIVE ORDERS Belarus; trade (Presidential Determination No. 2000-22 of June 2, 2000), 36310-36311 00-14621 China; trade (Presidential Determination No. 2000-23 of June 2, 2000), 36312-36313 00-14622 Sierra Leone; peacekeeping assistance (Presidential Determination No. 2000-20 of May 31, 2000), 36307 00-14619 Vietnam; trade (Presidential Determination No. 2000-21 of June 2, 2000), 36309 00-14620 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration Railroad Railroad Retirement Board NOTICES Agency information collection activities:

Proposed collection; comment request, 36480 00-14459 Submission for OMB review; comment request, 36480 00-14413 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 36480-36481 00-14535 00-14581 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 36481-36482 00-14405 National Association of Securities Dealers, Inc., 36482-36487 00-14407 00-14447 New York Stock Exchange, Inc., 36488-36489 00-14448 Options Clearing Corp., 36489 00-14408 Pacific Exchange, Inc., 36489-36492 00-14406 Philadelphia Stock Exchange, Inc., 36492-36496 00-14403 00-14404 00-14409 Social Social Security Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 36497 00-14445 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: Alabama, 36328-36338 00-14359 Trade Trade Representative, Office of United States NOTICES World Trade Organization: Dispute settlement panel establishment requests— Argentina; patent and test data protection, 36497-36498 00-14510 Brazil; customs valuation regime, 36500-36501 00-14513 Brazil; patent protection, 36498-36499 00-14511 Romania; minimum import prices use for customs valuation purposes, 36499-36500 00-14512 Institutional improvements; civil society operations and outreach, transparency, 36501-36502 00-14514 Transportation Transportation Department See Coast Guard See Federal Aviation Administration Treasury Treasury Department See Customs Service See Internal Revenue Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 36503-36505 00-14410 00-14411 U.S. Institute of Peace United States Institute of Peace NOTICES Meetings; Sunshine Act, 36508 00-14575 Veterans Veterans Affairs Department NOTICES Meetings: Rehabilitation Advisory Committee, 36508 00-14375 Western Western Area Power Administration NOTICES Power marketing plans: Sierra Nevada Customer Service Region; 2005 Resource Pool; correction, 36509 C0-13967 Separate Parts In This Issue Part II Department of the Interior, Fish and Wildlife Service, 36511-36548 00-14085 Part III Department of Agriculture, Commodity Credit Corporation, 36549-36584 00-13934 Part IV Department of Education, 36585-36594 00-14485 Part V Department of Education, 36595-36596 00-14386 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. 65 111 Thursday, June 8, 2000 Rules and Regulations DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Parts 210 and 220 RIN 0584-AC92 National School Lunch Program and School Breakfast Program:

Identification of Blended Beef, Pork, Poultry or Seafood Products AGENCY: Food and Nutrition Service, USDA. ACTION: Interim rule. SUMMARY: This interim rule addresses the use of products or dishes containing more than 30 parts fully hydrated vegetable protein products to less than 70 parts beef, pork, poultry or seafood in the National School Lunch Program and the School Breakfast Program. To the extent that participating school food authorities identify foods in a menu or on the serving line or through other available means of communicating with program participants, this interim rule requires that school food authorities identify such products or dishes in a manner which does not characterize the product or dish solely as beef, pork, poultry or seafood.

This interim rule is intended to ensure that program participants are not misinformed regarding the use of blended products and dishes. DATES: *Effective Date:* This interim rule will become effective July 10, 2000. *Comment Date:* To be assured of consideration, comments must be postmarked on or before August 7, 2000. ADDRESSES: Comments must be sent to: Robert M. Eadie, Chief, Policy and Program Development Branch, Child Nutrition Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302 or via E:Mail at CNDPROPOSAL@fns.usda.gov.

All written submissions will be available for public inspection in Room 1007, 3101 Park Center Drive, Alexandria, Virginia during regular business hours (8:30 a.m. to 5 p.m.) Monday through Friday. FOR FURTHER INFORMATION CONTACT: Mr. William Wagoner or Ms. Janice Fabina, 3101 Park Center Drive, Room 1007, Alexandria, Virginia 22302 or by telephone at

(703)305-2590. SUPPLEMENTARY INFORMATION: Background What Is the Purpose of This Rule? On March 9, 2000, the U.S. Department of Agriculture (USDA or we) published a rule in the **Federal Register** (65 FR 12429) updating the requirements for using vegetable protein products in the Child Nutrition Programs. Among the provisions of that rule, we removed the requirement that the meat/meat alternate component of the food-based menu planning approaches could consist of no more than 30 percent fully hydrated vegetable protein products (of the hydrated soy and meat total). Subsequent to the publication of the final rule, concerns have been raised about the possibility that blended beef, pork, poultry or seafood products or dishes containing more than 30 percent fully hydrated vegetable protein products (of the hydrated soy and meat total) might be presented as beef, pork, poultry or seafood. While these blended products and dishes fulfill an essential role in the programs, misrepresentation or misperception of the nature of those products serves neither industry nor program participants well. In addition to the primary mission of providing nutritious meals to school children, the lunch and breakfast programs serve as vehicles for nutrition and consumer education. Children and their parents must be aware of what is in the foods offered in the lunch and breakfast programs if they are to make informed food choices. Thus, to the extent that school food authorities identify foods in the menu, or on the serving line or through other available means of communicating with program participants, they must identify beef, pork, poultry or seafood products and dishes containing more than 30 percent fully hydrated vegetable protein products (of the hydrated soy and meat total) in a manner which does not characterize the products or dishes solely as beef, pork, poultry or seafood. This interim rule revises 7 CFR 210.10(h) and 220.8

(m)to effect this change. How Are Program Participants To Be Advised of the Use of Blended Products and Dishes? This interim rule requires school food authorities to advise children and their parents of the use of these blended products and dishes through whatever means they currently use. If a school sends menus home, blended products and dishes must not be portrayed solely as beef, pork, poultry or seafood products or dishes on the menu. If a school uses point of service menu identification, it must not portray blended products and dishes solely as beef, pork, poultry or seafood products or dishes so that students and their parents can make choices that meet their dietary needs. Miscellaneous Commentors will note that the term “vegetable protein product” has been used in the preamble since this term reflects common usage; however, for technical reasons, the term “alternate protein products” is used in the regulatory text. The reasons for this change in terminology are discussed in the preamble to the proposed rule published in the **Federal Register** (64 FR 38839) on July 20, 1999. Public Participation This action is being issued as an interim rule without prior notice or public comment under authority of 5 U.S.C. 553(b)(3)(A) and (B). The Department has determined in accordance with 5 U.S.C. 553(b) that Notice of Proposed Rulemaking and opportunity for public comments prior to issuing this interim rule is unnecessary and contrary to the public interest. The Department believes that program participants should be given the opportunity to make informed menu choices about the foods they eat without undue delay. However, the Department is encouraging interested parties to comment during the public comment period. Executive Order 12866 This interim rule was determined to be non-significant and is not subject to review by the Office of Management and Budget under Executive Order 12866. Public Law 104-4 Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for 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

(FNS)generally prepares 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 FNS 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 interim rule contains no Federal mandates (under 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 interim rule is not subject to the requirements of sections 202 and 205 of the UMRA. Regulatory Flexibility Act This interim rule was reviewed with regard to the requirements of the Regulatory Flexibility Act (5 U.S.C. 601 through 612). The Administrator of FNS has certified that this rule will not have a significant economic impact on a substantial number of small entities. This rule makes no changes to the National School Lunch and School Breakfast Program meal patterns. However, when certain products are used, this rule would require schools to use existing methods of communication to advise children and their parents of the use of such products. Executive Order 12372 The National School Lunch Program and the School Breakfast Program are listed in the Catalog of Federal Domestic Assistance under Nos. 10.555 and 10.553, respectively. Each is subject to the provisions of Executive Order 12372 which requires intergovernmental consultation with State and local officials. (7 CFR Part 3015, Subpart V and final rule related notice at 48 FR 29112, June 24, 1983.) Executive Order 12988 This interim rule was reviewed under Executive Order 12988, Civil Justice Reform. This interim 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 interim rule is not intended to have retroactive effect unless so specified in the “Dates” section of this preamble. Prior to any judicial challenge to the provisions of this interim rule or the application of the provisions, all applicable administrative procedures must be exhausted. This includes any administrative procedures provided by State or local governments and, for disputes involving procurements by State agencies and sponsors, any administrative appeal procedures to the extent required by 7 CFR Part 3016. For the National School Lunch Program and School Breakfast Program, the administrative procedures are set forth under the following regulations:

(1)School food authority appeals of State agency findings as a result of an administrative review must follow State agency hearing procedures as established pursuant to 7 CFR 210.18(q);

(2)school food authority appeals of FNS findings as a result of an administrative review must follow FNS hearing procedures as established pursuant to 7 CFR 210.30(d)(3); and

(3)State agency appeals of State Administrative Expense fund sanctions (7 CFR 235.11(b)) must follow FNS Administrative Review Process as established pursuant to 7 CFR 235.11(f). Paperwork Reduction Act Sections 210.10(h) and 220.8(m) of this interim rule contain third-party disclosure requirements. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), USDA has submitted a copy of these sections to the Office of Management and Budget for its review. Written comments must be received on or before July 10, 2000. Comments concerning the third-party disclosure of this interim rule should be sent to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Room 3208, New Executive Office Building, Washington, DC 20503, Attention: Manish Desai, Desk Officer for FNS. A copy of these comments may also be sent to Mr. Eadie at the address listed in the ADDRESSES section of this preamble. Commentors are asked to separate their comments on the third-party disclosure aspects from their comments on the remainder of this interim rule. OMB is required to make a decision concerning the third-party disclosure aspects contained in this interim regulation between 30 and 60 days after the publication of this document in the **Federal Register** . Therefore, a comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication. This does not affect the deadline for the public to comment to the Department on the interim regulation. Comments are invited on:

(a)Whether the third-party disclosure is necessary for the proper performance of the functions of the agency, including whether the disclosure will have practical utility;

(b)the accuracy of the agency's estimate of the burden of the third-party disclosure aspects, including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility, and clarity of the third-party disclosure; and

(d)ways to minimize the burden of the third-party disclosure, including through the use of appropriate automated, electronic, mechanical, or other techniques. The title, description, and respondent description of the third-party disclosure are shown below with an estimate of the annual burden. Included in the estimate is the time for making the third-party disclosure. Abstract In order to give schools enhanced flexibility in planning menus, we now allow them to offer foods that may consist of up to 100 percent vegetable protein products. This interim rule requires that, to the extent a method (such as a menu) is already in place to communicate what foods are offered, school food authorities identify products or dishes with more than 30 percent vegetable protein products in a manner which does not characterize the products or dishes solely as beef, pork, poultry or seafood products or dishes. This is done in the interest of allowing program participants to make informed decisions about their choices under the school meals programs. Please note that we are only requiring this modification for school food authorities that already provide menus or otherwise communicate with program participants. This could include information provided on serving lines. This interim rule does not *require* that school food authorities use menus or other methods of communication. In accordance with the Paperwork Reduction Act of 1995, the Department is providing the public with the opportunity to provide comments on the third-party disclosure aspects of the interim rule as noted below: **Estimated Annual Third-party Disclosure Burden** Section Annual number of affected entities Annual frequency Average burden per disclosure Annual burden hours For the National School Lunch Program, school food authorities modify existing menus, etc. to identify beef, pork, poultry or seafood products or dishes with more than 30 percent vegetable protein products in a manner that does not characterize these products or dishes as solely containing beef, pork, poultry or seafood: Total existing 7 CFR 210.10(h) 0 0 0 0 Total proposed 7 CFR 210.10(h) 10,000 1 .016 160 For the School Breakfast Program, school food authorities modify existing menus, etc. to identify beef, pork, poultry or seafood products or dishes with more than 30 percent vegetable protein products in a manner that does not characterize these products or dishes as solely containing beef, pork, poultry or seafood: Total existing 7 CFR 220.8(m) 0 0 0 0 Total proposed 7 CFR 220.8(m) 5,000 1 .016 80 Total Third-party Disclosure Burden: Total existing 0 Total proposed +240 Change +240 List of Subjects 7 CFR Part 210 Children, Commodity School Program, Food assistance programs, Grants programs-social programs, National School Lunch Program, Nutrition, Reporting and recordkeeping requirements, Surplus agricultural commodities. 7 CFR Part 220 Children, Food assistance programs, Grant programs-social programs, Nutrition, Reporting and recordkeeping requirements, School Breakfast Program. Accordingly, 7 CFR Parts 210 and 220 are amended as follows: PART 210—NATIONAL SCHOOL LUNCH PROGRAM 1. The authority citation for 7 CFR Part 210 continues to read as follows: Authority: 42 U.S.C. 1751-1760, 1779. 2. In § 210.10, revise the section heading and paragraph

(h)to read as follows: § 210.10 What are the nutrition standards and menu planning approaches for lunches and the requirements for afterschool snacks?

(h)*What must schools do about nutrition disclosure?* To the extent that school food authorities identify foods in a menu, or on the serving line or through other available means of communicating with program participants, school food authorities must identify products or dishes containing more than 30 parts fully hydrated alternate protein products (as specified in appendix A of this part) to less than 70 parts beef, pork, poultry or seafood on an uncooked basis, in a manner which does not characterize the product or dish solely as beef, pork, poultry or seafood. Additionally, FNS encourages schools to inform the students, parents, and the public about efforts they are making to meet the nutrition standards (see paragraph

(b)of this section) for school lunches. PART 220—SCHOOL BREAKFAST PROGRAM 1. The authority citation for 7 CFR Part 220 continues to read as follows: Authority: 42 U.S.C. 1773, 1779, unless otherwise noted. 2. In § 220.8, revise paragraph

(m)to read as follows: § 220.8 What are the nutrition standards and menu planning approaches for breakfasts?

(m)*What must schools do about nutrition disclosure?* To the extent that school food authorities identify foods in a menu, or on the serving line or through other available means of communicating with program participants, school food authorities must identify products or dishes containing more than 30 parts fully hydrated alternate protein products (as specified in appendix A of this part) to less than 70 parts beef, pork, poultry or seafood on an uncooked basis, in a manner which does not characterize the product or dish solely as beef, pork, poultry or seafood. Additionally, FNS encourages schools to inform the students, parents, and the public about efforts they are making to meet the nutrition standards (see paragraph

(a)of this section) for school breakfasts. Dated: June 2, 2000. George A. Braley, Acting Administrator, Food and Nutrition Service. [FR Doc. 00-14385 Filed 6-7-00; 8:45 am]

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