Unknown. Final rule

3,650 words·~17 min read·/register/2004/12/08/04-26934

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-2004-12-08.xml --- 69 235 Wednesday, December 8, 2004 Contents Agricultural Agricultural Marketing Service RULES Oranges, grapefruit, tangerines, and tangelos grown in— Florida, 70874-70877 04-26861 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Farm Service Agency See Food and Nutrition Service See Forest Service See Grain Inspection, Packers and Stockyards Administration See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Alcohol Alcohol and Tobacco Tax and Trade Bureau RULES Alcohol; viticultural area designations:

Southern Oregon; Douglas, Jackson, and Josephine Counties, OR, 70889-70893 04-26865 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 71058-71060 04-26914 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Florida, 70995-70996 04-26924 Coast Guard Coast Guard NOTICES Environmental statements; availability, etc.:

Shipboard Technology Evaluation Program, 71068 04-26863 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Credit Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 70992 04-26873 Defense Defense Department NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 71015-71016 04-26880 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 71123 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Pennsylvania, 70893-70897 04-26939 04-26941 Hazardous waste program authorizations: Tennessee, 70898-70902 04-26943 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Cyazofamid Technical correction, 70897-70898 04-26820 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Pennsylvania, 70944-70946 04-26940 04-26942 Hazardous waste program authorizations: Tennessee, 70946 04-26944 NOTICES Meetings: FIFRA Scientific Advisory Panel, 71032-71036 04-26946 Pesticide, food, and feed additive petitions:

Valent U.S.A. Corp., 71045-71049 04-26819 Pesticide registration, cancellation, etc.: Clothianidin, 71036-71040 04-27004 Ethoxyquin, 71040-71042 04-27003 New Nautical Coatings, Inc., 71042-71045 04-26730 Toxic and hazardous substances control: New chemicals— Receipt and status information, 71049-71054 04-26945 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Farm Farm Service Agency RULES Program regulations:

Servicing delinquent community facility loans, 70883-70885 04-26872 FAA Federal Aviation Administration RULES Airworthiness standards: Special conditions— Sky International A1, A1A, and A1B airplanes, 70885-70887 04-26979 Restricted areas Correction, 70887-70888 04-26978 PROPOSED RULES Airworthiness directives: BAE Systems (Operations) Ltd., 70938-70940 04-26919 Boeing, 70936-70938 04-26920 NOTICES Aeronautical land-use assurance; waivers: Raleigh County Memorial Airport, WV, 71096 04-26980 Airport noise compatibility program:

Georgetown Municipal Airport, TX, 71096-71097 04-26850 Environmental statements; notice of intent: Mesquite Airport, NV; replacement general aviation airport, 71097 04-26981 Exemption petitions; summary and disposition, 71097-71098 04-26867 04-26868 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 71022-71029 E4-3531 E4-3562 Environmental statements; notice of intent: Freebird Gas Storage, L.L.C, 71029-71031 E4-3539 Meetings:

Alaska natural gas transportation projects; open seasons regulations; technical conference, 71031-71032 04-26875 *Applications, hearings, determinations, etc.:* Columbia Gas Transmission Corp., 71016 E4-3538 E4-3544 Columbia Gulf Transmission Co., 71016 E4-3554 El Paso Natural Gas Co., 71017 E4-3552 E4-3553 Iroquois Gas Transmission System, L.P., 71017-71018 E4-3542 National Fuel Gas Supply Corp., 71018-71019 E4-3550 Paiute Pipeline Co., 71019 E4-3543 Public Service Co. of New Mexico, 71019-71020 E4-3556 Southern Indiana Gas & Electric Co. et al., 71020 E4-3540 Southern Star Central Gas Pipeline, Inc., 71020-71021 E4-3547 E4-3555 Tennessee Gas Pipeline Co., 71021 E4-3551 Viking Gas Transmission Co., 71021-71022 E4-3545 Williston Basin Interstate Pipeline Co., 71022 E4-3541 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 71054-71055 04-26991 Ocean transportation intermediary licenses:

(CAL.) KTL International, Inc., et al., 71055 04-26987 Global Link Logistics, Inc., 71055-71056 04-26990 Heron International, Inc., et al., 71056 04-26989 Tillicum Global Networks, Inc., et al., 71056 04-26988 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications— Boss, Thomas J., et al.; vision requirement exemption applications, 71100-71101 04-26983 Buis, Robert R., et al.; vision requirement exemption applications, 71098-71100 04-26982 Federal Reserve Federal Reserve System PROPOSED RULES Truth in lending (Regulation Z):

Open-end (revolving) credit rules; disclosures and protections, 70925-70936 04-26935 NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 71056-71057 04-26937 Permissible nonbanking activities, 71057 04-26936 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 71057-71058 04-26938 Fish Fish and Wildlife Service PROPOSED RULES Alaska National Interest Lands Conservation Act; Title VIII Implementation (subsistance priority):

Southwestern Alaska coastal areas; subsistence management jurisdiction, 70940-70944 04-26789 Endangered and threatened species: Critical habitat designations— Lane Mountain milk-vetch, 70971-70972 04-26876 Thread-leaved brodiaea, 71283-71319 04-26687 NOTICES Endangered and threatened species: Topeka shiner; 5 year review, 71071-71072 04-26910 Endangered and threatened species permit applications, 71070-71071 04-26911 Food Food and Nutrition Service RULES Child nutrition programs:

National School Lunch and School Breakfast Programs— Nutrient analysis of school meals; weighted averages use requirement; waiver extended, 70872-70874 04-26933 National School Lunch Program— Reimbursable meals; fluid milk requirements, 70871-70872 04-26934 NOTICES Agency information collection activities; proposals, submissions, and approvals, 70992-70993 04-26864 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* New Hampshire— Millipore Corp.; polyvinylidene floride filtering device manufacturing plant, 70996 04-26975 Various States Crude oil refineries/petrochemical complexes, 70996-70997 04-26974 Forest Forest Service PROPOSED RULES Alaska National Interest Lands Conservation Act;

Title VIII Implementation (subsistance priority): Southwestern Alaska coastal areas; subsistence management jurisdiction, 70940-70944 04-26789 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 71015-71016 04-26880 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Agency designation actions: Arizona, 70993-70994 04-26859 Kansas, 70994 04-26858 Texas, 70994-70995 04-26857 Agency information collection activities; proposals, submissions, and approvals, 70995 04-26860 Health Health and Human Services Department See Centers for Disease Control and Prevention See National Institutes of Health See Public Health Service Homeland Homeland Security Department See Coast Guard Industry Industry and Security Bureau NOTICES Export privileges, actions affecting:

Morey, Gerald; correction, 71123 C4-25696 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service NOTICES Committees; establishment, renewal, termination, etc.: Canyons of the Ancients National Monument Advisory Committee, 71068-71069 04-26869 Senior Executive Service: Performance Review Board; membership, 71069 04-26912 IRS Internal Revenue Service NOTICES Meetings: Taxpayer Advocacy Panels, 71121-71122 04-26956 04-26958 International International Trade Administration NOTICES Antidumping:

Frozen and canned warmwater shrimp from— China, 70997-71005 04-26976 Vietnam, 71005-71010 04-26977 Sebacic acid from— China, 71010-71011 E4-3559 Silicomanganese from— Brazil, 71011-71014 E4-3558 Justice Justice Department See Justice Programs Office Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 71073-71075 04-26907 04-26908 Land Land Management Bureau NOTICES Environmental statements; notice of intent:

Elko County, NV; sensitive bird species in three grazing allotments, 71072 04-26870 NASA National Aeronautics and Space Administration NOTICES Committees; establishment, renewal, termination, etc.: Arenonautical Technologies Strategic Roadmap Committee, 71075 04-26964 Earth-like Planets Strategic Roadmap Committee, 71075 04-26971 Earth Science and Applications from Space Strategic Roadmap Committee, 71075-71076 04-26966 Education Strategic Roadmap Committee, 71076 04-26963 Exploration Transportation System Strategic Roadmap Committee, 71076-71077 04-26970 International Space Station Strategic Roadmap Committee, 71077 04-26969 Nuclear Systems Strategic Roadmap Committee, 71077 04-26962 Robotic and Human Lunar Exploration Strategic Roadmap Committee, 71077-71078 04-26973 Solar System Exploration Strategic Roadmap Committee, 71078 04-26972 Space Shuttle Strategic Roadmap Committee, 71078-71079 04-26968 Sun-Solar System Connection Strategic Roadmap Committee, 71079 04-26965 Universe Exploration Strategic Roadmap Committee, 71079 04-26967 Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 71015-71016 04-26880 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities; proposals, submissions, and approvals, 71079-71081 04-26925 04-26926 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards: Occupant crash protection— Integral lap/shoulder safety belts; rear seats requirement, 70904-70919 04-26874 PROPOSED RULES Anthropomorphic test devices:

Occupant crash protection— SID-IIsFRG side impact crash test dummy, 5th percentile adult female, 70947-70971 04-26753 NOTICES Grants and cooperative agreements; availability, etc.: Crash Injury Research and Engineering Network; Level One Trauma Centers, 71101-71118 04-26986 Motor vehicle safety standards: Nonconforming vehicles— Importation eligibility; determinations, 71118-71119 04-26984 04-26985 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 71060-71062 04-26881 04-26886 Meetings:

National Cancer Institute, 04-26895 71062 04-26898 National Institute of Allergy and Infectious Diseases, 71063-71065 04-26891 04-26900 National Institute of Child Health and Human Development, 71064 04-26892 National Institute of Neurological Disorders and Stroke, 71062-71063 04-26883 04-26888 National Institute on Alcohol Abuse and Alcoholism, 71064-71065 04-26894 National Institute on Drug Abuse, 71063 04-26890 Scientific Review Center, 71065-71067 04-26882 04-26889 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 70924 04-26951 Northeastern United States fisheries— Atlantic herring, 70923-70924 04-26961 Northeast multispecies, 70919-70923 04-26950 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands groundfish, 70974-70991 04-26952 West Coast States and Western Pacific fisheries— Pacific sardine, 70973-70974 04-26953 NOTICES Committees; establishment, renewal, termination, etc.:

Monterey Bay National Marine Sanctuary Advisory Council, 71014-71015 04-26855 National Park National Park Service NOTICES National Register of Historic Places: Pending nominations, 71072-71073 04-26959 National Science National Science Foundation NOTICES Committees; establishment, renewal, termination, etc.: Business Operations Advisory Committee, 71081 04-26922 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: General Electric Co., 71082-71084 04-26904 Meetings:

Nuclear Waste Advisory Committee, 71084-71085 04-26901 Reactor Safeguards Advisory Committee, 71085 04-26902 *Applications, hearings, determinations, etc.:* Idaho Spent Fuel Facility, 71081-71082 04-26903 Union Electric Co., 71082 04-26905 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 71085-71086 04-26856 Presidential Presidential Documents EXECUTIVE ORDERS Courts-Martial Manual, United States; amendments (EO 13365), 71331-71338 04-27076 Public Public Health Service NOTICES National Toxicology Program:

Center for Evaluation of Risks to Human Reproduction— Future evaluation of styrene; comments and expert panel nominations requests, 71067-71068 04-26885 Research Research and Special Programs Administration RULES Hazardous materials: Transportation—- Loading, unloading, and storage; effective date delay, 70902-70904 04-26852 NOTICES Hazardous materials: Applications; exemptions, renewals, etc., 71120-71121 04-26866 Rural Rural Business-Cooperative Service RULES Program regulations:

Servicing delinquent community facility loans, 70883-70885 04-26872 Rural Rural Housing Service RULES Program regulations: Servicing delinquent community facility loans, 70883-70885 04-26872 RUS Rural Utilities Service RULES Grants: Technical assistance grants, 70877-70883 04-26948 Program regulations: Servicing delinquent community facility loans, 70883-70885 04-26872 SEC Securities and Exchange Commission RULES Fair and Accurate Credit Transactions Act: Consumer report information disposal, 71321-71329 04-26878 PROPOSED RULES Securities:

Self-regulation; concept release; comment request, 71255-71282 04-26154 Self-regulatory organizations; governance, administration, transparency and ownership, and reporting requirements, 71125-71254 04-26153 NOTICES Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 71087-71088 E4-3534 Fixed Income Clearing Corp., 71086-71087 E4-3533 International Securities Exchange LLC, 71088-71089 E4-3536 National Securities Clearing Corp., 71089-71090 E4-3532 New York Stock Exchange, Inc., 71090-71093 E4-3535 Philadelphia Stock Exchange, Inc., 71093-71095 E4-3537 State State Department RULES International Traffic in Arms regulations:

Registration fee change, 70888-70889 04-26954 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Monon Rail Preservation Corp., 71121 04-26932 Trade Trade Representative, Office of United States NOTICES U.S.-Singapore Free Trade Agreement; selection of four U.S. laws schools whose degrees will be recognized by Singapore; comment request, 71095-71096 04-26923 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service Separate Parts In This Issue Part II Securities and Exchange Commission, 71125-71254 04-26153 Part III Securities and Exchange Commission, 71255-71282 04-26154 Part IV Interior Department, Fish and Wildlife Service, 71283-71319 04-26687 Part V Securities and Exchange Commission, 71321-71329 04-26878 Part VI Executive Office of the President, Presidential Documents, 71331-71338 04-27076 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.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 69 235 Wednesday, December 8, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Part 210 RIN 0584-AD55 National School Lunch Program: Requirement for Variety of Fluid Milk in Reimbursable Meals AGENCY:

Food and Nutrition Service, USDA. ACTION: Final rule. SUMMARY: This final rule makes changes to the regulations governing the National School Lunch Program. Currently, reimbursable school lunches must offer types of fluid milk consistent with prior year preferences, unless the prior year preference for a particular type of milk was less than one percent of the total milk consumed. In response to the requirements of the Child Nutrition and WIC Reauthorization Act of 2004, which amended the Richard B.

Russell National School Lunch Act, the National School Lunch Program regulations are revised to require that schools offer, with meals, fluid milk in a variety of fat contents. The requirement for consistency with prior year preferences is removed. As a result of the legislation, schools are provided with more flexibility to expand choices based upon what school food service professionals believe are the most appropriate offerings to meet the needs and tastes of children, as well as what will best encourage the increased consumption of milk and its associate nutrients by schoolchildren.

DATES: Effective July 1, 2005. FOR FURTHER INFORMATION CONTACT: Ms. Rosemary O'Connell, ( *Rosemary.O'Connell@fns.usda.gov* ) Section Chief, School Programs Section, Program Policy and Development Branch, Child Nutrition Division, Food and Nutrition Service, 3101 Park Center Drive, Room 634, Alexandria, VA 22302,

(703)305-2590. SUPPLEMENTARY INFORMATION: Background The requirements for offering fluid milk as a part of a reimbursable lunch in the National School Lunch Program

(NSLP)are described in 7 CFR 210.10 (m). Specifically, 7 CFR 210.10 (m)(1)(i) states that the types of milk offered by the school must be consistent with the types of milk consumed during the prior year, but stipulates that if a particular type of milk accounted for less than one percent (1%) of the total amount of milk consumed in the prior year, the school is not required to offer that type of milk. Section 102 of The Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108-265), amended section 9(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)) by removing the requirement that types of milk offered be consistent with the types consumed in the previous year. This rule makes corresponding changes to the regulations for the NSLP (7 CFR Part 210). Does This Provision Apply to the School Breakfast and Special Milk Programs? No, this provision only applies to the NSLP. Under the terms of section 4(e) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)), USDA sets minimum nutritional standards for the School Breakfast Program

(SBP)and, under this authority, requires that fluid milk be offered for breakfasts. Section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772) establishes the criteria for the Special Milk Program (SMP). Thus the SBP and the SMP already have the flexibility to offer any type(s) of milk. Does This Provision Apply to the Afterschool Snack Service of the NSLP? Yes, the provision applies to afterschool snack program. Section 17A(d) of the Richard B. Russell National School Lunch Act, (42 U.S.C. 1766a(d)), requires that meal supplements served to children participating in the afterschool snack service meet the same requirements as reimbursable school lunches. Thus, this provision does affect the requirements for fluid milk served in the afterschool snack service. What Specific Changes Does This Rule Make? • Removes the requirement in 7 210.10 (m)(1)(i) that types of fluid milk offered be consistent with the types consumed in the previous year, and adds the requirement that milk in a variety of fat contents be offered. • Codifies the authority for schools to offer flavored or unflavored fluid milk and lactose-free fluid milk. Schools had already been authorized to offer these varieties, but this rule makes the schools” authority a part of the regulatory language. Executive Order 12866 This final rule has been 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 a requirement 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, FNS generally prepares a written statement, including a cost-benefit analysis. This is done for proposed and final rules that have “Federal mandates” which may result in expenditures of $100 million or more in any one year by State, local, or tribal governments, in the aggregate, or by the private sector. When this statement is needed for a rule, section 205 of the UMRA generally requires FNS to identify and consider a reasonable number of regulatory alternatives. It must then adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule. This final rule contains no Federal mandates of $100 million or more in any one year (under regulatory provisions of Title II of the UMRA) for State, local, and tribal governments or the private sector. Thus, this final rule is not subject to the requirements of sections 202 and 205 of the UMRA. Regulatory Flexibility Act This final rule has been reviewed with regard to the requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612). Roberto Salazar, Administrator of the Food and Nutrition Service, has certified that, because this rule is technical in nature, it will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 The National School Lunch Program is listed in the Catalog of Federal Domestic Assistance under No. 10.555. This program 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 29115, June 24, 1983). Federalism Summary Impact Statement Executive Order 13132 requires Federal agencies to consider the impact of their regulatory actions on State and local governments. Where such actions have federalism implications, agencies are directed to provide a statement for inclusion in the preamble to the regulations describing the agency's considerations in terms of the three categories called for under section (6)(b)(2)(B) of Executive Order 13132. FNS has considered the impact of this rule on State and local governments and has determined that this rule does not have federalism implications. This rule does not impose substantial or direct compliance costs on State and local governments. Therefore, under Section 6(b) of the Executive Order, a federalism summary impact statement is not required. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It 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 impede its full implementation. This rule is not intended to have retroactive effect unless that is specified in the Effective Date section of the preamble of the final rule. Before any judicial challenge to the provisions of this rule or the application of its provisions, all applicable administrative procedures must be exhausted. Civil Rights Impact Analysis Under USDA Regulation 4300-4, Civil Rights Impact Analysis, FNS has reviewed this final rule to identify and address any major civil rights impacts the final rule might have on minorities, women, and persons with disabilities. After a careful review of the rule's intent and provisions, FNS has determined that this final rule will not in any way limit or reduce participants ability to participate in the Child Nutrition Programs on the basis of an individual's or group's race, color, national origin, sex, age, or disability. FNS found no factors that would negatively and disproportionately affect any group of individuals. Paperwork Reduction Act This final rule contains no paperwork burdens or information collection requirements that are subject to review by the Office of Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. 3507). Government Paperwork Elimination Act FNS is committed to compliance with the Government Paperwork Elimination Act (GPEA), which requires Government agencies to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. This final rule contains no paperwork burdens or information collection requirements, and is thus in compliance with the GPEA. Public Participation This action is being finalized without prior notice or public comment under authority of 5 U.S.C. 553(b)(3)(A) and (B). The amendments contained in this final rule are nondiscretionary in nature, and therefore do not necessitate the opportunity for the public to offer comment. Thus, the Department has determined in accordance with 5 U.S.C. 553(b) that Notice of Proposed Rulemaking and Opportunity for Public Comment is unnecessary and contrary to the public interest and, in accordance with 5 U.S.C. 553(d), finds that good cause exists for making this action effective without prior public comment. List of Subjects in 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. Accordingly, 7 CFR part 210 is 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, paragraph (m)(1)(i) is revised to read as follows: § 210.10 What are the nutrition standards and menu planning approaches for lunches and the requirements for afterschool snacks?

(m)* * *

(1)* * *

(i)Under all menu planning approaches for students, schools must offer students fluid milk in a variety of fat contents. Schools may offer flavored or unflavored milk and lactose-free fluid milk. Dated: November 24, 2004. Roberto Salazar, Administrator, Food and Nutrition Service. [FR Doc. 04-26934 Filed 12-7-04; 8:45 am]

Connectionstraces to 10

Traces to 10 documents

U.S. Code