Unknown. Final rule

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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-2005-02-22.xml --- 70 34 Tuesday, February 22, 2005 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Olives grown in— California, 8545-8547 05-3234 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Forest Service See Rural Housing Service Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 8635 05-3259 Antitrust Antitrust Modernization Commission NOTICES Meetings:

Antitrust Modernization Commission, 8568 05-3244 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 8591-8594 05-3272 05-3274 Children Children and Families Administration NOTICES Organization, functions, and authority delegations: Deputy Assistant Secretary for Administration and Management, 8594 05-3365 Coast Guard Coast Guard RULES Drawbridge operations: Louisiana, 8515-8516 05-3381 New Jersey, 8514 05-3255 NOTICES Meetings:

Merchant Marine Personnel Advisory Committee, 8601-8602 05-3380 Commerce Commerce Department See National Oceanic and Atmospheric Administration Community Community Development Financial Institutions Fund NOTICES Grants and cooperative agreements; availability, etc.: Community Development Financial Institutions Program, 8671 05-3224 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 8570-8571 05-3325 Customs Customs and Border Protection Bureau RULES Inspection, search, and seizuure:

Administrative forfeiture notices; publication, 8509-8510 05-3327 Defense Defense Department RULES Acquisition regulations: Fidelity and forgery bonds, 8537-8538 05-3205 Government source inspection requirements; elimination, 8539-8543 05-3202 Polyacrylonitrile carbon fiber; restrictions to domestic sources; correction, 8537 05-3204 Provision of information to cooperative agreement holders, 8536-8537 05-3200 Resolving tax problems, 8538-8539 05-3199 PROPOSED RULES Acquisition regulations:

Advisory and assistance services, 8562-8563 05-3203 Foreign ball and roller bearings; restrictions, 8560-8562 05-3201 Specialized service contracting, 8563-8564 05-3206 Telecommunications services, 8564-8565 05-3207 Utility rates etablished by regulatory bodies, 8565-8566 05-3196 Utility services, 8566-8567 05-3198 NOTICES Agency information collection activities; proposals, submissions, and approvals, 8571-8573 05-3230 05-3231 Drug Drug Enforcement Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 8635-8636 05-3258 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

School Leadership Program, 8573-8578 E5-694 Meetings: Regional Advisory Committees; schedule and agenda, 8578-8579 05-3439 Election Election Assistance Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 8579-8580 05-3309 Employment Employment and Training Administration NOTICES Adjustment assistance: Bayer Pharmaceuticals, Inc., 8636-8637 E5-686 Cooper-Atkins Corp., 8637 E5-690 Crotty Corp., 8637 E5-689 Dendrite International, 8638 05-3354 Glenshaw Glass Co., 8638 E5-691 Kokoku Wire Industries, 8638 E5-687 Rock-Tenn Co., 8638-8639 E5-688 Solutia, Inc., 8639 05-3324 Steelcase, Inc., 8639-8640 E5-685 Import investigations:

ITW Insulation Systems, 8640 05-3355 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Environmental statements; notice of intent: Public Service Co. of New Mexico, AZ; transmission line construction; withdrawn, 8580-8581 05-3326 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Electric arc furnaces and argon-oxygen steel plants, 8523-8534 05-3360 Air quality implementation plans; approval and promulgation; various States:

California, 8516-8523 05-3183 05-3185 05-3358 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: California, 05-3186 8557-8558 05-3357 NOTICES Agency information collection activities; proposals, submissions, and approvals, 8581-8583 05-3356 Executive Executive Office of the President See Trade Representative, Office of United States NOTICES Meetings: Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction Commission, 8583 05-3275 FAA Federal Aviation Administration RULES Airworthiness directives:

General Electric Co., 8504-8507 05-3190 Hartzell Propeller Inc., 8507-8509 05-3046 PROPOSED RULES Airworthiness directives: Air Tractor, Inc., 8549-8551 05-3271 Dornier, 8547-8549 05-3286 NOTICES Exemption petitions; summary and disposition, 05-3377 05-3378 8656-8658 05-3379 Passenger facility charges; applications, etc.: Blue Grass Airport, KY, 8658 05-3382 Victoria Regional Airport, TX, 8659 05-3383 FCC Federal Communications Commission RULES Radio stations; table of assignments:

Arizona and Nevada, 8536 05-3310 Wisconsin, 8535-8536 05-3311 PROPOSED RULES Radio stations; table of assignments: Texas, 8558-8560 05-3312 05-3313 05-3314 NOTICES Agency information collection activities; proposals, submissions, and approvals, 8583-8587 05-3305 05-3315 05-3317 05-3318 05-3319 05-3320 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 8587 E5-682 Federal Emergency Federal Emergency Management Agency RULES Flood insurance; communities eligible for sale:

Various States, 8534-8535 05-3266 Federal Energy Federal Energy Regulatory Commission NOTICES Hydroelectric applications, 8581 E5-681 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications— Archibald, Michael D., et al.; vision requirement exemption applications; correction, 8672 C5-2756 Parker, Jerry W., et al.; vision requirement exemptions, 8659-8661 05-3256 Federal Railroad Federal Railroad Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 8661-8664 05-3374 05-3375 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 8587-8588 05-3228 Permissible nonbanking activities, 8588 05-3229 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.: Michigan Electric Transmission Co., LLC, 8602-8603 05-3270 Endangered and threatened species permit applications, 8603-8604 05-3278 Environmental statements; availability, etc.: Incidental take permits— Riverside County, CA; Coachella Valley multiple species habitat conservation plan, 8604-8605 05-3276 Environmental statements; notice of intent:

San Francisco Bay/Sacramento-San Joachuin Delta, CA, 8605-8606 05-3277 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Invermectin paste, 8513-8514 05-3280 Food Food and Nutrition Service RULES Child nutrition programs: Child and Adult Care Food Program— Tiering status determinations for day care homes; increasing the duration, 8501-8503 05-3267 Forest Forest Service NOTICES Meetings: California Coast Provincial Advisory Committee, 8568 05-3235 Resource Advisory Committees— Lincoln County, 8568 05-3269 GSA General Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-3301 8588-8589 05-3302 05-3303 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Committees; establishment, renewal, termination, etc.:

National Vaccine Advisory Committee, 8589-8590 05-3308 Grants and cooperative agreements; availability, etc.: President's Challenge Physical Activity and Fitness Awards Program; cosponsorship opportunity, 8590-8591 05-3307 Meetings: Vital and Health Statistics National Committee, 8591 05-3265 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Federal Emergency Management Agency See Transportation Security Administration Housing Housing and Urban Development Department RULES Community development block grants:

Small cities and insular areas programs, 8705-8707 05-3316 PROPOSED RULES Public and Indian housing: Native American Housing Assistance and Self-Determination Negotiated Rulemaking Committee; intent to establish and request nominations, 8673-8675 05-3091 Indian Indian Affairs Bureau NOTICES Environmental statements; availability, etc.: Limestone Quarry and Associated Facilities, Moapa Indian Reservation, Clark County, NV, 8607-8608 05-3238 Tribal-State Compacts approval; Class III (casino) gambling:

Winnebago Tribe of Nebraska and Iowa, 8608 05-3227 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 Reclamation Bureau IRS Internal Revenue Service PROPOSED RULES Income taxes: Section 1502 miscellaneous operating rules for successor persons; succession to items of liquidating corporation, 8552-8556 05-3220 International International Trade Commission RULES Practice and procedure:

Antidumping and countervailing duty investigations; improvement, 8510-8513 05-3292 NOTICES Meetings; Sunshine Act, 8634 05-3418 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Closure of public lands: Colorado, 8608-8609 05-3300 Coal leases, exploration licenses, etc.: Montana, 8609 05-3294 Oklahoma, 8609-8610 05-3288 Disclaimer of intrest applications:

Idaho, 8610 05-3299 Environmental statements; notice of intent: Big Horn and Washakie Counties, WY, 8611 05-3297 Jefferson County, MT; M Pit Mine expansion, 8612 05-3293 Meetings: National Historic Oregon Trail Interpretive Center, 8612-8613 05-3287 Oil and gas leases: Utah, 8613 05-3289 Wyoming, 05-3295 8613 05-3298 Realty actions; sales, leases, etc.: Nevada, 8613-8614 05-3296 Maritime Maritime Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 8664 05-3249 Coastal trade laws; administrative waivers:

ALIENTO, 8664-8665 05-3247 BLUE OCEAN, 8665 05-3246 CIELO MARE, 8665-8666 05-3248 MALU III, 8666 05-3253 PHOENIX, 8666-8667 05-3254 TERRAPIN, 8667 05-3250 Coastal trade laws; administrative waivers: AMORE’, 8667 05-3251 Minerals Minerals Management Service PROPOSED RULES Royalty management: Oil value for royalties due on— Indian leases; public workshop, 8556-8557 05-3252 NOTICES Agency information collection activities; proposals, submissions, and approvals, 8614-8624 05-3239 05-3240 05-3241 05-3242 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 8668 05-3376 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 8594-8595 05-3353 Meetings:

National Institute of Dental & Craniofacial Research, 8595 05-3348 National Institute of Diabetes and Digestive and Kidney Diseases, 8595-8597 05-3350 05-3351 05-3352 Scientific Review Center, 8597-8599 05-3349 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Loligo squid, 8543-8544 05-3225 West Coast States and Western Pacific fisheries— Crustacean fisheries, 8544 05-3362 NOTICES Meetings: Pacific Fishery Management Council, 8569-8570 E5-683 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 8624-8625 05-3347 Concession contracts and permits:

Expiring contracts; extension, 8625-8632 05-3329 05-3330 05-3331 05-3332 05-3333 05-3334 05-3335 05-3336 05-3337 05-3338 05-3339 05-3340 05-3341 05-3342 05-3345 Meetings: Boston Harbor Islands Advisory Council, 8632 05-3328 National Preservation Technology and Training Board, 8632-8633 05-3346 Native American human remains, funerary objects; inventory, repatriation, etc.: Interior Department— Fish and Wildlife Service, Fort Snelling, MN, 8633 05-3321 Natural Resources Department, MO, 8633-8634 05-3322 University of Missouri-Columbia, Anthropology Museum, MO, 8634 05-3323 Nuclear Nuclear Regulatory Commission PROPOSED RULES Fee schedules revision; 90% fee recovery (2005 FY), 8677-8703 05-3128 NOTICES Agency information collection activities; proposals, submissions, and approvals, 8640-8641 05-3263 Export and import license applications for nuclear facilities and materials:

Diversified Scientific Services, Inc., 8642-8643 05-3264 Meetings: Medical Uses of Isotopes Advisory Committee, 8643 05-3260 Reactor Safeguards Advisory Committee, 8643-8644 05-3261 Meetings; Sunshine Act, 8644 05-3395 *Applications, hearings, determinations, etc.:* Dominion Nuclear Connecticut, Inc., 8641-8642 05-3262 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, 8644-8645 05-3232 Excepted service:

Schedules A, B, and C; positions placed or revoked— Update, 8645-8647 05-3233 Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent: San Francisco Bay/Sacramento-San Joachuin Delta, CA, 8605-8606 05-3277 Research Research and Special Programs Administration NOTICES Hazardous materials: Applications; exemptions, renewals, etc., 8668-8670 05-3371 05-3373 Rural Rural Housing Service RULES Multi-family housing programs: Direct multi-family housing loans and grants; effective date delayed, 8503-8504 05-3226 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:

Chicago Board Options Exchange, Inc., 8647-8648 E5-680 Fixed Income Clearing Corp., 8648-8649 E5-692 National Association of Securities Dealers, Inc., 8649-8650 E5-693 State State Department NOTICES Arms Export Control Act: Commercial export licenses; congressional notification, 8650-8653 05-3370 Art objects; importation for exhibition: The Perfect Medium; Photography and the Occult, 8653 05-3369 Senior Executive Service: Performance Review Board; membership, 8653 05-3367 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 8599-8601 05-3290 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

BNSF Railway Co., 8670-8671 05-3344 TVA Tennessee Valley Authority NOTICES Agency information collection activities; proposals, submissions, and approvals, 8653-8654 05-3273 Trade Trade Representative, Office of United States NOTICES Meetings: Industry Trade Advisory Committees— Automotive Equipment and Capitol Goods, 8654 05-3237 World Trade Organization: Dispute settlement panel establishment requests— Canada; softwood lumber; countervailing duty determination, 8654-8655 05-3236 Continued suspension of obligations in the EC-hormones dispute, 8655-8656 05-3368 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board NOTICES Aviation proceedings:

Agreements filed; weekly receipts, 8656 05-3372 Transportation Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 8602 05-3243 Treasury Treasury Department See Community Development Financial Institutions Fund See Internal Revenue Service Separate Parts In This Issue Part II Housing and Urban Development Department, 8673-8675 05-3091 Part III Nuclear Regulatory Commission, 8677-8703 05-3128 Part IV Housing and Urban Development Department, 8705-8707 05-3316 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. 70 34 Tuesday, February 22, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Part 226 RIN 0584-AD-67 Child and Adult Care Food Program: Increasing the Duration of Tiering Determinations for Day Care Homes AGENCY:

Food and Nutrition Service, USDA. ACTION: Final rule. SUMMARY: This final rule amends the Child and Adult Care Food Program (CACFP) regulations to implement a provision of the Child Nutrition and WIC Reauthorization Act of 2004 that increases the duration of the tiering status determinations from three years to five years for family or group day care homes participating in CACFP. This change, which was effective on June 30, 2004, applies only to tiering status determinations based on the eligibility of elementary school children for free or reduced price school meals.

Day care homes that are located in the attendance areas of elementary schools in which at least half of the enrolled children are certified eligible to receive free or reduced price school meals receive higher reimbursement rates (tier I) for CACFP meals served to children in care. DATES: This rule contains information collection requirements that may not become effective until approved by the Office of Management and Budget (OMB). The Food and Nutrition Service will publish a document in the **Federal Register** announcing the effective date once these requirements have been approved.

FOR FURTHER INFORMATION CONTACT: Keith Churchill, Policy and Program Development Branch, Child Nutrition Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302, phone

(703)305-2590. SUPPLEMENTARY INFORMATION: I. Background What Are Tiering Determinations? One of the major changes made to the CACFP by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), section 708(e)(13) amendment to section 17 of the National School Lunch Act, was to require a two-tiered system of reimbursements for family and group day care home providers. Since July 1, 1997 when implementing Program regulations became effective, CACFP day care home providers have been categorized as either tier I or tier II for reimbursement purposes. Tier I day care homes receive higher reimbursement rates because they are located in low-income areas or their family income is determined to be low-income. The threshold for a determination of low-income is at or below 185 percent of the Federal income poverty guidelines. Tier II providers who do not meet these criteria receive lower reimbursement rates. However, tier II providers may receive the higher tier I reimbursement rates for any child in care whose family income is determined to be low-income. This determination is based on an income eligibility application for free or reduced price meals that is voluntarily completed by the child's parent or guardian. One of the primary ways in which day care homes qualify for tier I rates is based on data from nearby elementary schools in which at least half of all the enrolled students are certified eligible for free or reduced price school meals. Any day care home that is located within the attendance area of an elementary school that is at the 50 percent level for free or reduced price meals qualifies for tier I rates. Other data sources that may be used to determine tier I status include census block data and providers' income eligibility applications. Prior to the change made by the Child Nutrition and WIC Reauthorization Act of 2004 (Pub. L. 108-265), the duration of tiering determinations varied by data source; *i.e.* , one year if based on the income eligibility statement of the provider, three years if based on school data, and ten years or longer if based on census block data. What Did the New Law Change About Tiering Determinations? Section 119 of Pub. L. 108-265 amended section 17(f)(3)(E)(iii) of the Richard B. Russell National School Lunch Act (NSLA), 42 U.S.C. 1766(f)(3)(iii), to increase the duration of tiering determinations from three years to five years for family or group day care homes whose tiering status is derived from school data. The school data, which is provided annually by the State agency that administers the National School Lunch Program

(NSLP)to the CACFP State agency, lists the elementary schools in which at least 50 percent of the enrolled children are certified eligible for free or reduced price school meals. This provision affects family or group day care homes that are participating in the CACFP and are located in the attendance area of an elementary school that is listed at the 50 percent level for free or reduced price school meal eligibility. When Was This Change Effective? The change made by Pub. L. 108-265 was effective on June 30, 2004. What Guidance Has the Department Provided on This Change? The Food and Nutrition Service

(FNS)notified CACFP State agencies in writing on July 8, 2004 of the increased duration of tiering status determinations based on school data. In this written guidance, available at *http://www.fns.usda.gov/cnd/care/Reauth-Memos/2004-07.pdf,* FNS explained that the tiering classifications based on school data for new day care homes (with signed agreements as of June 30, 2004 or later) now last five years. Thus, the tiering status of those day care homes approved in 2004 will not have to be redetermined by their sponsoring organizations until 2009. FNS stated in the guidance that the tiering status for day care homes of currently participating providers ( *i.e.* , those whose agreements were signed prior to June 30, 2004) may be extended by two years for a total of five years; the guidance also clarified that no other changes to the requirements of day care homes' tiering status determinations were made by Pub. L. 108-265. How Will This Change Affect Day Care Home Providers? Tier I day care providers whose tiering status is based on school data will retain tier I status for five years instead of three years. This change should provide them with improved ability to project future program reimbursements and may enhance their ability to plan for future day care activities and expenses. How Will This Change Affect Sponsoring Organizations? The primary change for sponsoring organizations of day care homes participating in the CACFP will be a reduction in their workload. Sponsors now have five years before it is necessary to redetermine the tiering status of day care homes based on school data instead of every three years. As the current regulations stipulate, sponsoring organizations receive school data that is updated each year; this information is used to determine the tiering status of new day care providers. The regulations at 7 CFR 226.6(f)(1)(iii) prohibit State agencies from requiring that sponsoring organizations must routinely redetermine tiering status of tier I day care homes each year based on updated school data. How Will This Change Affect State Agencies? The effect on State agencies should be minimal. The annual responsibilities of State agencies, as described in the NSLP and CACFP regulations are unchanged by the lengthening of tiering status determinations based on school data. Consistent with section 17(f)(3)(E)(iii)(I) of the NSLA, NSLP State agencies must continue to provide the school data to CACFP State agencies annually as required in 7 CFR 210.19(f) of the NSLP regulations, and CACFP State agencies must continue to pass the information along to sponsoring organizations of day care homes as specified in 7 CFR 226.6(f)(1)(iii). What Changes Does This Rule Make to the CACFP Regulations? Responsibilities for administering the tiering system for day care homes are described in the CACFP regulations—for State agencies at 7 CFR 226.6(f)(1)(iii) and for sponsoring organizations at 7 CFR 226.15(f). This final rule amends these two paragraphs to increase the duration of tiering status based on school data from three years to five years. These are the only changes that are made to the CACFP regulations by this rulemaking. II. Procedural Matters Executive Order 12866 This rule has been determined to be not significant and therefore was not reviewed by the Office of Management and Budget

(OMB)under Executive Order 12866. 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). Roberto Salazar, Administrator for the Food and Nutrition Service, has certified that this rule will not have a significant impact on a substantial number of small entities. This rule will implement a statutory change that increases the duration of tiering status determinations from three years to five years for family and group day care homes. This change should positively impact day care home providers that are located in low-income areas or that are determined to be low-income because they will have an additional two years of reimbursement at the higher tier I rates before their tiering status must be redetermined. This change will also positively impact sponsoring organizations by reducing the frequency of the redeterminations of tiering status of the family or group day care homes under their sponsorship. The U.S. Department of Agriculture does not anticipate any significant negative fiscal impact resulting from the implementation of this final rule. 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 final 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 final rule is not subject to the requirements of sections 202 and 205 of the UMRA. Executive Order 12372 The Child and Adult Care Food Program is listed in the Catalog of Federal Domestic Assistance under No. 10.558. 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 subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. Executive Order 13132 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 regulation describing the agency's considerations in terms of the three categories called for under section (6)(a)(B) of Executive Order 13132. FNS has considered the impact of this rule on State and local governments and has determined that this rule would not have federalism implications. This final 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. This final rule will have a preemptive effect with respect to any State or local laws, regulations or policies which conflict with its provisions or which otherwise impede its full implementation. This final rule does not have retroactive effect unless so specified in the DATES section of this preamble. Prior to any judicial challenge to the provisions of this final rule or the application of the provisions, all applicable administrative procedures must be exhausted. In the Child and Adult Food Care Program, the administrative procedures are set forth at:

(1)7 CFR 226.6(k), which establishes appeal procedures; and

(2)7 CFR 226.22 and 7 CFR parts 3016 and 3019, which address administrative appeal procedures for disputes involving procurement by State agencies and institutions. Civil Rights Impact Analysis FNS has reviewed this final rule in accordance with the Department Regulation 4300-4, “Civil Rights Impact Analysis” to identify and address any major civil rights impacts the 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 there is no negative effect on these groups. All data available to FNS indicate that protected individuals have the same opportunity to participate in the CACFP as non-protected individuals. Regulations at 7 CFR 226.6(f)(4)(iv) require that CACFP institutions agree to operate the Program in compliance with applicable Federal civil rights laws, including title VI of the Civil Rights Act of 1964, title IX of the Education amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Department's regulations concerning nondiscrimination (7 CFR part 15, 15a, and 15b). At 7 CFR 226.6(m)(1), State agencies are required to monitor CACFP institution compliance with these laws and regulations. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35, see 5 CFR 1320) requires that OMB approve all collections of information by a Federal agency from the public before they can be implemented. Respondents are not required to respond to any collection of information unless it displays a current valid OMB control number. Information collections in this final rule have been previously submitted to OMB for approval under OMB #0584-0055. A 60-day notice was published in the **Federal Register** on December 6, 2004, which provided an opportunity for the public to submit comments on the reduction to the information collection burden resulting from the changes in the CACFP made by this final rule. This burden change has not yet been approved by OMB. FNS will publish a document in the **Federal Register** once these requirements have been approved. 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 rule does not require the submission of additional information. 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). This rule implements through amendments to current program regulations a nondiscretionary provision mandated by the Child Nutrition and WIC Reauthorization Act of 2004 (Pub. L. 108-265). Thus, the Department has determined in accordance with 5 U.S.C. 553(b) that Notice of Proposed Rulemaking and Opportunity for Public Comments 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 226 Accounting, Aged, Day care, Food and Nutrition Service, Food Assistance programs, Grant programs, Grant programs—health, American Indians, Individuals with disabilities, Infants and children, Intergovernmental relations, Loan programs, Reporting and recordkeeping requirements, Surplus agricultural commodities. Accordingly, 7 CFR part 226 is amended as follows: PART 226—CHILD AND ADULT CARE FOOD PROGRAM 1. The authority citation for part 226 continues to read as follows: Authority: Secs. 9, 11, 14, 16, and 17, Richard B. Russell National School Lunch Act, as amended (42 U.S.C. 1758, 1759a, 1762a, 1765, and 1766). § 226.6 [Amended] 2. In §226.6, amend the fifth sentence in paragraph (f)(1)(iii) by removing the words “three years” and adding in their place the words “five years”. § 226.15 [Amended] 3. In §226.15, amend the tenth sentence in paragraph

(f)by removing the words “three years” and adding in their place the words “five years”. Dated: February 15, 2005. George A. Braley, Acting Administrator. [FR Doc. 05-3267 Filed 2-18-05; 8:45 am]

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