Unknown. Final rule

6,794 words·~31 min read·/register/2011/06/29/2011-16282

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-2011-06-29.xml --- 76 125 Wednesday, June 29, 2011 Contents Agricultural Research Agricultural Research Service NOTICES Intents to Grant Exclusive Licenses, 38108 2011-16250 Agriculture Agriculture Department See Agricultural Research Service See Food and Nutrition Service See Forest Service See National Agricultural Statistics Service See Rural Business-Cooperative Service Army Army Department See Engineers Corps NOTICES Exclusive, Non-Exclusive, or Partially-Exclusive Licensings of Inventions;

Availability: Synthesis of and Methods of Use; 2-Guanidino-4-oxo-Imidazoline Derivatives as Antimalarial Agents, 38122 2011-16258 Synthesis of and Methods of Use; Guanidylimidazole and Guanidylimidazoline Derivatives as Antimalarial Agents, 38122 2011-16291 Bureau of Consumer Financial Protection PROPOSED RULES Defining Larger Participants in Certain Consumer Financial Products and Services Markets, 38059-38062 2011-15984 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 38180-38182 2011-16332 2011-16351 Meetings: Subcommittee for Dose Reconstruction Reviews, Advisory Board on Radiation and Worker Health, 38182-38183 2011-16402 Subcommittee on Procedures Review, Advisory Board on Radiation and Worker Health, 38183 2011-16381 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of Adolescent Pregnancy Prevention Approaches;

Baseline Data Collection, 38183-38184 2011-16290 Coast Guard Coast Guard RULES Safety Zones: Bay Point Fireworks, Bay Point Marina; Marblehead, OH, 38020-38023 2011-16246 Big Sioux River from the Military Road Bridge North Sioux City to the Confluence of the Missouri River, SD, 38013-38015 2011-16247 Hylebos Bridge Restoration, Hylebos Waterway, Tacoma, WA, 38011-38013 2011-16245 July 4th Weekend Fireworks Displays within Captain of Port St. Petersburg Zone, FL, 38015-38018 2011-16324 Newport River;

Morehead City, NC, 38018-38020 2011-16350 PROPOSED RULES Safety Zones: Labor Day Fireworks, Ancarrows Landing Park, James River, Richmond, VA, 38086-38089 2011-16345 Special Local Regulations and Safety Zones: Recurring Events in Captain of the Port New York Zone, 38077-38086 2011-16111 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission NOTICES Meetings:

Chronic Hazard Advisory Panel on Phthalates and Phthalate Substitutes, 38116-38117 2011-16218 Commission Agenda and Priorities, 38117 2011-16235 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement: Assignment of Order Codes, 38046-38047 2011-16320 Definition of Sexual Assault, 38051-38052 2011-16396 Extension of Restrictions on the Use of Mandatory Arbitration Agreements, 38047-38048 2011-16315 Management of Manufacturing Risk in Major Defense Acquisition Programs, 38050-38051 2011-16319 Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items, 38048-38050 2011-16316 Successor Entities to the Netherlands Antilles, 38053 2011-16373 PROPOSED RULES Defense Federal Acquisition Regulation Supplement:

Safeguarding Unclassified DoD Information, 38089-38095 2011-16399 Defense Department Defense Department See Army Department See Defense Acquisition Regulations System See Engineers Corps RULES Federal Acquisition Regulation: Organizational Conflicts of Interest, 38089 2011-16338 NOTICES Environmental Assessments; Availability, etc.: Defense Logistics Agency Energy Mobility Fuel Purchasing Programs, 38117-38118 2011-16305 Meetings: Task Force on Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of Armed Forces, 38118-38119 2011-16304 Privacy Act;

Systems of Records, 38119-38121 2011-16303 2011-16309 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Drug Drug Enforcement Administration NOTICES Applications: Manufacturer of Controlled Substances, 38209 2011-16294 Registrations: Importer of Controlled Substances, 38209 2011-16286 Economic Development Economic Development Administration NOTICES Eligibility to Apply for Trade Adjustment Assistance; Petitions, 38115-38116 2011-16329 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 38123-38124 2011-16284 Applications for New Awards: Americans with Disabilities Act National Network Regional Centers, and ADA National Network Collaborative Research Projects, 38124-38129 2011-16391 Americans with Disabilities Act National Network Knowledge Translation Center, 38129-38134 2011-16341 Disability and Rehabilitation Research Projects and Centers Program Final Priorities: Disability Rehabilitation Research Projects, etc., 38134-38142 2011-16392 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Western Area Power Administration NOTICES Meetings:

Environmental Management Site-Specific Advisory Board, Savannah River Site, 38143 2011-16306 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38143 2011-16307 Energy Conservation Program for Consumer Products; Waivers: BSH Corp. from the Residential Dishwasher Test Procedure, 38144-38145 2011-16301 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.:

Currituck Sound Ecosystem Restoration Feasibility Study, 38122-38123 2011-16292 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes: Birmingham, AL; Determination of Attaining Data for the 1997 Annual Fine Particulate Standard, 38023-38024 2011-16378 Exemptions from Requirement of Tolerance: Diethylene Glycol Mono Butyl Ether, 38026-38033 2011-16188 Pesticide Tolerances:

Cloquintocet-mexyl, 38033-38036 2011-16186 Mevinphos, 38037-38040 2011-16355 Propylene Oxide, 38036-38037 2011-16045 Standards of Performance for New Stationary Sources; CFR Correction, 38024-38026 2011-16462 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification of Pesticide Applicators, 38149-38150 2011-16375 Cross-Media Electronic Reporting Rule, 38150-38151 2011-16372 Implementation of Oil Pollution Act Facility Response Plan Requirements, 38148-38149 2011-16358 Importation of Nonroad Engines and Recreational Vehicles, 38151-38153 2011-16356 California State Nonroad Engine Pollution Control Standards:

Commercial Harbor Craft Regulations, 38153-38155 2011-16398 Ocean-Going Vessels At-Berth in California Ports, 38155-38158 2011-16395 Meetings: National Drinking Water Advisory Council, 38158 2011-16380 Pesticide Petitions for Residues of Pesticide Chemicals in or on Various Commodities; Withdrawal, 38158-38160 2011-16199 Pesticide Products; Registration Applications, 38160-38162 2011-16042 Project Waiver of Buy American Requirement of American Recovery and Reinvestment Act: Metropolitan Council Environmental Services of St.

Paul, MN, 38163-38166 2011-16383 2011-16386 Wayne County Department of Public Services in Wayne County, MI, 38162-38163 2011-16389 Registration Review: Pesticide Dockets Opened for Review and Comment and Other Docket Actions, 38166-38169 2011-15618 Toxic Substances Control Act Chemical Testing; Receipt of Test Data, 38169-38175 2011-16162 2011-16183 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Exposure Draft Revisions to Identifying and Reporting Earmarked Funds, 38175 2011-16215 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

Airbus Model A300 B4-600, B4-600R, F4-600R Series, Model C4 605R Variant F and A310 Series Airplanes, 38069-38072 2011-16367 Boeing Co. Model 747-100, 747-100B, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP Series Airplanes, 38074-38077 2011-16370 Boeing Co. Model 777 Airplanes, 38072-38074 2011-16368 Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 and 440) Airplanes, 38065-38069 2011-16365 Gulfstream Aerospace LP Model Galaxy and Gulfstream 200 Airplanes, 38062-38065 2011-16314 NOTICES Petitions for Exemption, 38265-38266 2011-16277 Petitions For Exemption, 38266 2011-16279 Federal Communications Federal Communications Commission RULES Lifeline and Link Up Reform and Modernization, Federal-State Joint Board on Universal Service, 38040-38046 2011-16312 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 38175-38176 2011-16313 Federal Deposit Federal Deposit Insurance Corporation NOTICES Update Listings of Financial Institutions in Liquidation, 38177 2011-16260 Federal Emergency Federal Emergency Management Agency NOTICES Emergency Declarations: Mississippi; Amendment No. 4, 38194 2011-16390 Major Disaster Declarations: California; Amendment No. 1, 38194-38196 2011-16393 2011-16394 Illinois; Amendment No. 2, 38196 2011-16385 Kentucky; Amendment No. 11, 38196 2011-16369 Kentucky;

Amendment No. 12, 38196-38197 2011-16362 Mississippi; Amendment No. 1, 38195 2011-16387 Oklahoma; Amendment No. 2, 38195 2011-16388 Tennessee; Amendment No. 4, 38195 2011-16384 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highway in Ohio, 38266-38267 2011-16219 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 38177 2011-16340 Applications for License as Ocean Transportation Intermediary; Orders to Show Cause:

Falcon Shipping Inc., Abdiel Falcon, 38177-38178 2011-16226 Federal Motor Federal Motor Carrier Safety Administration NOTICES 2011-2016 Strategic Plan: Raising the Safety Bar, 38267-38268 2011-16274 Meetings: Motor Carrier Safety Advisory Committee Subcommittees, 38268-38269 2011-16271 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 38178 2011-16253 Proposals to Engage in Permissible Nonbanking Activities or Acquire Companies Engaged in Permissible Nonbanking Activities, 38178-38179 2011-16254 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 90-Day Finding on Petition to List Eastern Small-Footed Bat and Northern Long-Eared Bat as Threatened or Endangered, 38095-38106 2011-16344 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Mourning Dove Call Count Survey, 38202-38203 2011-16281 North American Woodcock Singing Ground Survey, 38203 2011-16278 Endangered and Threatened Wildlife and Plants: Draft Recovery Plan for Columbia Basin Distinct Population Segment of Pygmy Rabbit; Availability, 38203-38204 2011-16379 Proposed Programmatic Safe Harbor Agreement for the Lahontan Cutthroat Trout in Southeastern Oregon, 38204-38206 2011-16336 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: FDA Recall Regulations, 38184-38186 2011-16252 National Consumer Surveys on Understanding Risks and Benefits of FDA-Regulated Medical Products, 38186-38187 2011-16251 Draft Guidance on Q11 Development and Manufacture of Drug Substances; Availability: International Conference on Harmonisation, 38187-38188 2011-16255 Meetings: Advisory Committee for Pharmaceutical Science and Clinical Pharmacology, 38188-38189 2011-16234 Food and Nutrition Food and Nutrition Service RULES Healthy, Hunger-Free Kids Act:

Cooperation in USDA Studies and Evaluations, and Full Use of Federal Funds in Nutrition Assistance Programs, 37979-37983 2011-16282 NOTICES Local Agency Recognition of Exemplary Breastfeeding Support Practices, 38108-38109 2011-16289 Meetings: National Advisory Council on Maternal, Infant and Fetal Nutrition, 38109 2011-16287 Foreign Assets Foreign Assets Control Office RULES Removal of Certain Sanctions Regulations Relating to the Former Federal Republic of Yugoslavia, 38000-38002 2011-15638 Western Balkans Stabilization Regulations, 38002-38011 2011-15643 NOTICES Designation of One Individual and One Entity Pursuant to Executive Order 13224, 38279 2011-16311 Foreign Trade Foreign-Trade Zones Board NOTICES Approvals of Manufacturing Authorities:

Foreign-Trade Zone 274, REC Silicon (Polysilicon and Silane Gas), Butte, MT, 38116 2011-16335 Forest Forest Service NOTICES Meetings: Allegheny Resource Advisory Committee, 38109-38110 2011-16264 General Services General Services Administration RULES Federal Acquisition Regulation: Organizational Conflicts of Interest, 38089 2011-16338 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Services Administration Acquisition Regulation;

Qualifications of Offerors, 38179-38180 2011-16346 Information Specific to Contract or Contracting Action, 38179 2011-16343 Health and Human 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 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Fellowship Recruitment for Fellowship Placement Program, 38201-38202 2011-16330 Housing Counseling Program; Application for Approval as Housing Counseling Agency, 38198-38199 2011-16325 Housing Counseling Program; Biennial Agency Performance Review, 38197-38198 2011-16323 Prepayment of Direct Loans on Section 202 and 202/8 Projects with Inclusion of FHA Mortgage Guidelines, 38199-38200 2011-16328 Public Housing Assessment System Appeals, Technical Reviews and Database Adjustments, 38200-38201 2011-16334 Public Housing Financial Management Template, 38200 2011-16333 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Indian Gaming Commission See National Park Service See Surface Mining Reclamation and Enforcement Office Justice Department Justice Department See Drug Enforcement Administration See Justice Programs Office Justice Programs Justice Programs Office NOTICES Meetings:

National Motor Vehicle Title Information System Federal Advisory Committee, 38209-38210 2011-16326 Land Land Management Bureau NOTICES Applications for Disclaimers of Interest: Pennington County, SD, 38206 2011-16348 Public Land Orders, 2011-16400 38206-38207 2011-16401 Maritime Maritime Administration NOTICES Administrative Waiver of the Coastwise Trade Laws, 38269-38270 2011-16220 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38270 2011-16221 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation:

Organizational Conflicts of Interest, 38089 2011-16338 National Agricultural National Agricultural Statistics Service NOTICES Intents to Resume Agricultural Labor Surveys and Farm Labor Reports, 38110 2011-16249 National Archives National Archives and Records Administration NOTICES Records Schedules; Availability, 38210-38211 2011-16447 National Highway National Highway Traffic Safety Administration NOTICES Grants of Applications for Temporary Exemptions: Terrafugia, Inc., 38270-38279 2011-16222 National Indian National Indian Gaming Commission NOTICES Fee Rate, 38207 2011-16377 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Biospecimen and Physical Measures Formative Research Methodology Studies for National Children's Study, 38191-38193 2011-16299 Environmental Science Formative Research Methodology Studies for National Children's Study, 38189-38190 2011-16300 Meetings: Center for Scientific Review, 38194 2011-16363 National Institute of Dental and Craniofacial Research, 38193-38194 2011-16296 National Institute of Diabetes and Digestive and Kidney Diseases, 38193 2011-16298 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Atlantic Highly Migratory Species:

Vessel Monitoring Systems; Correction, 38107 2011-16331 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38207-38208 2011-16321 National Register of Historic Places; Pending Nominations and Related Actions, 38208-38209 2011-16248 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings: ACRS Subcommittee on Planning and Procedures, 38212 2011-16265 ACRS Subcommittee on Plant Operations and Fire Protection, 38211-38212 2011-16263 2011-16268 Regulatory Guides:

Qualification for Cement Grouting for Prestressing Tendons in Containment Structures, 38213-38214 2011-16273 Standard Format and Content of License Termination Plans for Nuclear Power Reactors, 38212-38213 2011-16270 Report to Congress on Abnormal Occurrences; Fiscal Year 2010, 38214-38219 2011-16266 Overseas Overseas Private Investment Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-16155 2011-16159 38219-38221 2011-16161 2011-16164 2011-16166 2011-16167 Expedited Screening Questionnaire Downstream Investment Form, 38221-38222 2011-16158 Personnel Personnel Management Office RULES Federal Employees Health Benefits Program:

New Premium Rating Method for Most Community Rated Plans, 38282-38286 2011-16276 New Premium Rating Method for Most Community Rated Plans; Withdrawal, 38282 2011-16280 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Clarification of Fireworks Approvals Policy, 38053-38058 2011-15969 Postal Regulatory Postal Regulatory Commission NOTICES Meetings; Sunshine Act, 38222 2011-16436 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 2011-16522 38222-38223 2011-16524 Rural Business Rural Business-Cooperative Service NOTICES Funding Availabilities:

Small Socially-Disadvantaged Producer Grant Application Deadlines in Fiscal Year 2011, 38110-38115 2011-16262 Securities Securities and Exchange Commission RULES Family Offices, 37983-37996 2011-16117 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc.; BATS Y-Exchange, Inc.; NASDAQ OMX BX, Inc., et al., 38243-38245 2011-16229 C2 Options Exchange, Inc., 38231-38232 2011-16243 Financial Industry Regulatory Authority, Inc., 38245-38262 2011-16232 NASDAQ OMX BX, Inc., 38226-38231 2011-16293 New York Stock Exchange LLC, 38232-38235 2011-16224 NYSE Amex LLC, 38223-38225, 38240-38243 2011-16223 2011-16228 NYSE Arca, Inc., 38235-38240 2011-16225 2011-16227 Options Clearing Corp., 38225-38226 2011-16302 Small Business Small Business Administration NOTICES Major Disaster Declarations:

Alabama; Amendment 5, 38264 2011-16244 California, 38263 2011-16241 Kentucky; Amendment 5, 38262-38263 2011-16238 Kentucky; Amendment 8, 38263 2011-16239 Missouri; Amendment 6, 38262 2011-16237 North Carolina; Amendment 3, 38262 2011-16236 Oklahoma, 38263-38264 2011-16242 Vermont; Amendment 1, 38263 2011-16240 Statistical Reporting Service See National Agricultural Statistics Service Surface Mining Surface Mining Reclamation and Enforcement Office RULES West Virginia Regulatory Program, 37996-38000 2011-16261 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits, etc.:

Week Ending June 11, 2011, 38265 2011-16285 Week Ending June 4, 2011, 38264-38265 2011-16269 Aviation Proceedings, Agreements Filed, 38265 2011-16283 Treasury Treasury Department See Foreign Assets Control Office U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Citizenship and Issuance of Certificate under Section 322, 38197 2011-16267 Western Western Area Power Administration NOTICES Final Principles of Integrated Resource Planning:

Acquisition and Transmission Planning; Revisions, 38146-38148 2011-16308 Separate Parts In This Issue Part II Personnel Management Office, 38282-38286 2011-16276 2011-16280 Reader Aids Consult the Reader Aids section at the end of this page 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. 76 125 Wednesday, June 29, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Parts 210, 215, 220, 225, 226, 235, 246, and 248 [FNS-2011-0031] RIN 0584-AE20 Cooperation in USDA Studies and Evaluations, and Full Use of Federal Funds in Nutrition Assistance Programs Nondiscretionary Provisions of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296 AGENCY:

Food and Nutrition Service (FNS), USDA ACTION: Final rule. SUMMARY: This final rule incorporates into the regulations governing the Programs authorized under the Richard B. Russell National School Lunch Act

(NSLA)and the Child Nutrition Act of 1966

(CNA)two nondiscretionary provisions of the Healthy, Hunger-Free Kids Act of 2010 (HHFK Act). The HHFK Act requires State and local cooperation in Department of Agriculture studies and evaluations related to Programs authorized under the NSLA and the CNA. The HHFK Act also amends the NSLA to stipulate that Federal funds must not be subject to State budget restrictions or limitations, including hiring freezes, work furloughs, and travel restrictions. This final rule amends regulations for the National School Lunch Program; the Special Milk Program for Children; the School Breakfast Program; the Summer Food Service Program; the Child and Adult Care Food Program; State Administrative Expense Funds ; the Special Supplemental Nutrition Program for Women, Infants and Children; and the WIC Farmers' Market Nutrition Program. These provisions will strengthen program integrity by ensuring that sufficient data is made available for studies and evaluations. Additionally, exempting Federal funds from State budgetary restrictions or limitations is intended to increase the ability of State agencies to administer USDA's nutrition assistance programs effectively. DATES: *Effective Date:* This rulemaking becomes effective on July 29, 2011. FOR FURTHER INFORMATION CONTACT: For more information contact Julie Brewer, Chief, Policy and Program Development Branch, Child Nutrition Division, Food and Nutrition Service, Department of Agriculture, 3101 Park Center Drive, Room 640, Alexandria, Virginia 22302;

(703)305-2590. SUPPLEMENTARY INFORMATION: Background The Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296, (the HHFK Act), was signed into law on December 13, 2010. The HHFK Act includes Section 305 and 361, which are nondiscretionary and directly affect a number of nutrition assistance programs authorized under the NSLA (42 U.S.C. 1751 *et seq.* ) and the CNA (42 U.S.C. 1771 *et seq.),* including: The Special Supplemental Nutrition Program for Women, Infants and Children (WIC); the WIC Farmers' Market Nutrition Program (FMNP); the National School Lunch Program (NSLP); the School Breakfast Program (SBP); the Special Milk Program for Children (SMP); State Administrative Expense

(SAE)Funds; the Summer Food Service Program (SFSP); and the Child and Adult Care Food Program (CACFP). The provisions of sections 305 and 361 also apply to the Fresh Fruit and Vegetable Program. Proposed regulations for that Program are expected to be issued shortly. First, Section 305 of the HHFK Act added a new provision Section 28(c) of the NSLA, 42 U.S.C. 1760(c), requiring State and local entities and their contractors participating in the programs under the NSLA and the CNA to cooperate in studies and evaluations conducted by or on behalf of the Department of Agriculture

(USDA)related to programs authorized under the NSLA or the CNA. USDA conducts studies related to Program operations in order to comply with existing laws or to provide Program information for program management and improvement. It is essential that such studies reflect an accurate portrait of these Programs on a Program-wide basis. In accordance with Section 445 of the HHFK Act, Section 305 became effective October 1, 2010, and has been implemented via memoranda to Child Nutrition, WIC, and FMNP State agencies, issued March, 2011. This rule amends 7 CFR 210.23(e), 215.7(f), 215.11(f), 220.7(g), 220.13(m), 225.18(j), 226.25(h), 246.26(k), and 248.24(d) to reflect this nondiscretionary statutory requirement. Second, Section 361 of the HHFK Act amended Section 12(b) of the NSLA by establishing expectations for the use of Federal funds supporting the administration of Programs authorized under the NSLA and the CNA. Specifically, all agreements between FNS and a State agency to administer the Programs affected by this rule must include a provision that supports full use of Federal funds for the administration of the Programs and excludes such funds from State budget restrictions or limitations including, at a minimum, hiring freezes, work furloughs, and travel restrictions. Section 361 also became effective on October 1, 2010, in accordance with Section 445 of the HHFK Act and has been implemented via memoranda to all Child Nutrition, WIC, and FMNP State agencies. In this final rule, the Department excludes from State budget restrictions State-imposed cost-saving measures of hiring freezes, work furloughs, and travel restrictions affecting USDA Programs under the NSLA and CNA. These limits are the exclusions specified in Section 361 of the HHFK Act. Should the Department determine that expansion of these restrictions is necessary to ensure the ability of State agencies to administer USDA's nutrition assistance Programs effectively, we will initiate a separate rulemaking process. Because the Federal/State agreement for the Child Nutrition Programs is permanent, the amendment signed in FY 2011 conforms to the requirements of Section 361 for FY 2011 and all subsequent fiscal years. The Federal/State annual agreements for WIC and the FMNP were amended for FY 2011. FNS has begun revising the Federal/State Agreement forms for the WIC and FMNP to include the necessary statement related to the full use of Federal funds in accordance with Section 361 of the HHFK Act. The revised form is expected to be ready for use for FY 2012. This rule amends 7 CFR 225.5(a)(5), 226.8(e), 235.6(i), 246.3(c)(3), and 248.3(c)(2) to reflect this requirement. Notice and Comment In accordance with the Secretary's Statement of Policy (36 FR 13804), it is found and determined upon good cause that it is unnecessary to engage in the Notice and Comment provisions of 5 U.S.C. 553 normally required before the adoption of final regulations in an FNS-sponsored program. As indicated earlier, Sections 305 and 361 of the HHFK Act adopted as final rules in this rulemaking are nondiscretionary. These provisions are being incorporated as regulations using language taken verbatim from the Act. The nondiscretionary nature of Sections 305 and 361 means that notice and comment would serve no useful purpose in the promulgation of these regulations. Executive Order 12866 and Executive Order 13563 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been designated a “not significant regulatory action.” Accordingly, the rule will not be reviewed by the Office of Management and Budget. Regulatory Impact Analysis This rule has been designated as non-significant by the Office of Management and Budget; therefore, no Regulatory Impact Analysis is required. Regulatory Flexibility Act Pursuant to section 605(b) of the Regulatory Flexibility Act at 5 U.S.C. 601-612, FNS certifies that this final rule will not have a significant economic impact on a substantial number of small entities. This final rule incorporates into the regulations governing the Programs authorized under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966, as amended, two statutory provisions set forth in the Healthy, Hunger-Free Kids Act of 2010. The HHFK Act requires State and local cooperation in USDA studies and evaluations related to programs authorized under the NSLA and the CNA. The HHFK Act also amends the NSLA by stipulating that Federal funds available for Programs authorized in the NSLA and CNA must not be subject to State budget restrictions or limitations, including hiring freezes, work furloughs, and travel restrictions. The provision implementing Section 305 is applicable to States, WIC and FMNP State agencies, State educational agencies, local educational agencies, local WIC and FMNP agencies, schools, institutions, facilities, and contractors; however, the provision simply requires cooperation with studies and evaluations and will not have a significant economic impact on affected parties. The provision implementing Section 361 are applicable to all State agencies, and, in the case of the WIC Program and the FMNP, local agencies that administer the Programs authorized under the NSLA or the CNA and will not have a significant economic impact on a substantial number of small entities. Unfunded Mandates Reform Act 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, FNS generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures by 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 the regulatory provisions of Title II of the UMRA) for State, local or tribal governments or the private sector of $100 million or more in any one year. Thus, the rule is not subject to the requirements of Sections 202 and 205 of the UMRA. Executive Order 12372 The nutrition assistance programs affected by this rulemaking are listed in the Catalog of Federal Domestic Assistance as follows: • WIC No. 10.557 • FMNP No. 10.572 • NSLP No. 10.555 • SBP No. 10.553 • SAE No. 10.560 • SMP No. 10.556 • CACFP No. 10.558 • SFSP No. 10.559 For the reasons set forth in the final rule at 7 CFR part 3015, Subpart V and related Notice (48 FR 29115, June 24, 1983), these programs are included in the scope of Executive Order 12372 that requires intergovernmental consultation with State and local officials. 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. Therefore, under Section 6(b) of the Executive Order, a federalism summary impact statement is not required. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is intended to have preemptive effect with respect to any State or local laws, regulations or policies which conflict with its provisions or which would otherwise impede its full implementation. This rule is not intended to have retroactive effect unless specified in the DATES section of the final rule. Prior to 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 FNS has reviewed this rule in accordance with Departmental Regulations 4300-4, “Civil Rights Impact Analysis,” and 1512-1, “Regulatory Decision Making Requirements.” After a careful review of the rule's intent and provisions, FNS has determined that this rule is not intended to limit or reduce in any way the ability of protected classes of individuals to receive benefits on the basis of their race, color, national origin, sex, age or disability, nor is it intended to have a differential impact on minority-owned or operated business establishments, and woman-owned or operated business establishments that participate in the Programs affected by this rulemaking. Federal WIC regulations specifically prohibit State agencies that administer the WIC Program, and their cooperators, from engaging in actions that discriminate against any individual in any of the protected classes (see 7 CFR 246.8 for the nondiscrimination policy in the WIC Program; 7 CFR 248.7 for the nondiscrimination policy in the FMNP). In the NSLP, the regulation in 7 CFR 210.23(b) seeks to ensure non-discrimination in the operation of the school meals programs by prohibiting the denial of meal benefits to any child because of race, color, national origin, age, sex, or disability. It also requires State agencies and school food authorities to comply with the requirements of: 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; Department of Agriculture regulations on nondiscrimination (7 CFR parts 15, 15a, and 15b); and FNS Instruction 113-6. Other regulatory provisions (7 CFR 210.9(b)(11), 7 CFR 210.18(h)(1)(iii), 7 CFR 220.7(e)(5), 7 CFR 220.7(e)(15), and 7 CFR 220.13(f)(4)) also require nondiscrimination in the operation of the lunch and breakfast programs or refer to the Department's nondiscrimination regulations (7 CFR part 15b). In the Special Milk Program, 7 CFR 215.13a(d)(5) requires program operators to have a free milk policy statement that includes an assurance that there will be no discrimination against free milk recipients and no discrimination against any child on the basis of race, color, or national origin. In addition, 7 CFR 215.14 requires that the school food authority's agreement with the State agency contain the assurances required by Department's regulations on nondiscrimination (7 CFR part 15b). Other regulatory provisions (7 CFR 215.7(d)(3), 215.11(b)(2)) also require nondiscrimination in the operation of the milk program or refer to the Department's nondiscrimination regulations (7 CFR part 15b). In the SFSP, the regulations at 7 CFR 225.7(g)(1) require institutions to 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 parts 15, 15a and 15b). At 7 CFR 225.6(c)(4)(i), each sponsor applying to participate in the SFSP must submit a statement of nondiscrimination in its policy for serving meals to children. In the CACFP, the regulations at 7 CFR 226.6(b)(4)(iv) require that sponsors comply with all requirements of 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 parts 15, 15a and 15b). The provisions in this rule have no direct impact upon or involvement with Program participants. Executive Order 13175—Consultation and Coordination With Indian Tribal Governments E.O. 13175 requires Federal agencies to consult and coordinate with tribes on a government-to-government basis on policies that have tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. In early 2011, USDA engaged in a series of consultative sessions to obtain input by Tribal officials or their designees concerning the impact of this rule on the tribe or Indian Tribal governments, or whether this rule may preempt Tribal law. Reports from these consultations will be made part of the USDA annual reporting on Tribal Consultation and Collaboration. USDA will respond in a timely and meaningful manner to all Tribal government requests for consultation concerning this rule and will provide additional venues, such as Webinars and teleconferences, to periodically host collaborative conversations with Tribal officials or their designees concerning ways to improve this rule in Indian country. We are not aware of any current Tribal laws that could be in conflict with this final rule. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; see 5 CFR part 1320), requires that the Office of Management and Budget

(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. This final rule has no new information collection requirements. The information collection burdens associated with the signing of Federal-State agreements in this final rule have been previously approved under OMB No. 0584-0332, Form FNS-339, Federal-State Supplemental Nutrition Programs Agreement, and OMB No. 0584-0006, 0584-0005, 0584-0012, 0584-0280, 0584-0055, 0584-0067, Form FNS-74. The information collection burdens associated with participating in a study or an evaluation will be covered under separate Information Collection Packages that are specific to a particular study or evaluation that will be submitted to OMB for approval. E-Government Act Compliance FNS is committed to complying with the E-Government Act to promote the use of the Internet and other information technologies to provide increased opportunities to provide for citizen access to government information and services, and for other purposes. Also, State agencies may provide Program information, as well as their financial reports, to FNS electronically. List of Subjects 7 CFR Part 210 Grant programs—education, Grant programs—health, Infants and children, Nutrition, Penalties, Reporting and recordkeeping requirements, School breakfast and lunch programs, Surplus agricultural commodities. 7 CFR Part 215 Food assistance programs, Grant programs—education, Grant programs—health, Infants and children, Milk, Reporting and recordkeeping requirements. 7 CFR Part 220 Grant programs—education, Grant programs—health, Infants and children, Nutrition, Reporting and recordkeeping requirements, School breakfast and lunch programs. 7 CFR Part 225 Food assistance programs, Grant programs health, Infants and children, Labeling, Reporting. 7 CFR Part 226 Accounting, Aged, Day care, 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. 7 CFR Part 235 Administrative practice and procedure, Food assistance programs, Grant programs—education, Grant programs—health, Infants and children, Reporting and recordkeeping requirements, School breakfast and lunch programs. 7 CFR Part 246 Food assistance programs, Food donations, Grant programs—Social programs, Indians, Nutrition education, Public assistance programs, WIC. 7 CFR Part 248 Food assistance programs, Food donations, Grant programs—Social programs, Indians, Infants and children, Maternal and child health, Nutrition education, Public assistance programs, WIC, Women. Accordingly, 7 CFR parts 210, 215, 220, 225, 226, 235, 246 and 248 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. Section 210.23 is amended to add a new paragraph

(e)as follows: § 210.23 Other responsibilities.

(e)*Program evaluations.* States, State agencies, local educational agencies, school food authorities, schools and contractors must cooperate in studies and evaluations conducted by or on behalf of the Department, related to programs authorized under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966. PART 215—SPECIAL MILK PROGRAM FOR CHILDREN 3. The authority citation for 7 CFR Part 215 continues to read as follows: Authority: 42 U.S.C. 1772 and 1779. 4. Section 215.7 is amended by adding a new paragraph

(f)to read as follows: § 215.7 Requirements for participation.

(f)*Program evaluations.* Local educational agencies, school food authorities, schools, child care institutions and contractors must cooperate in studies and evaluations conducted by or on behalf of the Department, related to programs authorized under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966. 5. Section 215.11 is amended by adding a new paragraph

(f)to read as follows: § 215.11 Special responsibilities of State agencies.

(f)*Program evaluations.* States, State agencies, and contractors must cooperate in studies and evaluations conducted by or on behalf of the Department, related to programs authorized under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966. PART 220—SCHOOL BREAKFAST PROGRAM 6. The authority citation for 7 CFR Part 220 continues to read as follows: Authority: 42 U.S.C. 1773, 1779, unless otherwise noted. 7. Section 220.7 is amended by adding a new paragraph

(g)to read as follows: § 220.7 Requirements for participation.

(g)*Program evaluations.* Local educational agencies, school food authorities, schools, and contractors must cooperate in studies and evaluations conducted by or on behalf of the Department, related to programs authorized under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966. 8. Section 220.13 is amended by adding a new paragraph

(m)to read as follows: § 220.13 Special responsibilities of State agencies.

(m)*Program evaluations.* States, State agencies, and contractors must cooperate in studies and evaluations conducted by or on behalf of the Department, related to programs authorized under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966. PART 225—SUMMER FOOD SERVICE PROGRAM 9. The authority citation for 7 CFR Part 225 continues to read as follows: Authority: Secs. 9, 13 and 14, Richard B. Russell National School Lunch Act, as amended (42 U.S.C. 1758, 1761 and 1762a). 10. Section 225.5 is amended by adding a new paragraph (a)(5) to read as follows: § 225.5 Payments to State agencies and use of Program funds.

(a)* * *

(5)*Full use of Federal funds.* States and State agencies must support the full use of Federal funds provided to State agencies for the administration of Child Nutrition Programs, and exclude such funds from State budget restrictions or limitations including, hiring freezes, work furloughs, and travel restrictions. 11. Section 225.18 is amended by adding a new paragraph

(j)to read as follows: § 225.18 Miscellaneous administrative provisions.

(j)*Program evaluations.* States, State agencies, sponsors, sites and contractors must cooperate in studies and evaluations conducted by or on behalf of the Department, related to programs authorized under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966, as amended. PART 226—CHILD AND ADULT CARE FOOD PROGRAM 12. The authority citation for 7 CFR 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). 13. Section 226.8 is amended by redesignating paragraphs

(e)through

(g)as paragraphs

(f)through (h), respectively; and by adding a new paragraph

(e)to read as follows: § 226.8 Audits.

(e)*Full use of Federal funds.* States and State agencies must support the full use of Federal funds provided to State agencies under 226.4(j) of this part to support State audit activities, and exclude such funds from State budget restrictions or limitations, including hiring freezes, work furloughs, and travel restrictions. 14. Section 226.25 is amended by adding a new paragraph

(h)to read as follows: § 226.25 Other provisions.

(h)*Program evaluations.* States, State agencies, institutions, facilities and contractors must cooperate in studies and evaluations conducted by or on behalf of the Department, related to programs authorized under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966. PART 235—STATE ADMINISTRATIVE EXPENSE FUNDS 15. The authority citation for 7 CFR Part 235 continues to read as follows: Authority: Secs. 7 and 10 of the Child Nutrition Act of 1966, 80 Stat. 888, 889, as amended (42 U.S.C. 1776, 1779). 16. Section 235.6 is amended by adding a new paragraph

(i)to read as follows: § 235.6 Use of funds.

(i)*Full use of Federal funds.* States and State agencies must support the full use of Federal funds provided to State agencies for the administration of Child Nutrition Programs, and exclude such funds from State budget restrictions or limitations including hiring freezes, work furloughs, and travel restrictions. PART 246—SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN 17. The authority citation for part 246 continues to read as follows: Authority: 42 U.S.C. 1786. 18. Section 246.3 is amended to add a new paragraph (c)(3), as follows: § 246.3 Administration.

(c)* * *

(3)The written agreement must include a statement that supports full use of Federal funds provided to State agencies for the administration of the WIC Program, and excludes such funds from State budget restrictions or limitations including hiring freezes, work furloughs, and travel restrictions. 19. Section 246.26 is amended by adding a new paragraph

(k)to read as follows: § 246.26 Other provisions.

(k)*Program evaluations.* State and local WIC agencies and contractors must cooperate in studies and evaluations conducted by or on behalf of the Department, related to programs authorized under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 (42 U.S.C. 1786). PART 248—WIC FARMERS' MARKET NUTRITION PROGRAM

(FMNP)20. The authority citation for part 248 continues to read as follows: Authority: 42 U.S.C. 1786. 21. Section 248.3 is amended by redesignating paragraph

(c)introductory text as paragraph (c)(1) and adding a new paragraph (c)(2) to read as follows: § 248.3 Administration.

(c)* * *

(2)The written agreement must include a statement that supports full use of Federal funds provided to State agencies for the administration of the FMNP, and excludes such funds from State budget restrictions or limitations, including hiring freezes, work furloughs, and travel restrictions. 22. Section 248.24 is amended by adding a new paragraph

(d)to read as follows: § 248.24 Other provisions.

(d)*Program evaluations.* State and local FMNP agencies and contractors must cooperate in studies and evaluations conducted by or on behalf of the Department, related to programs authorized under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 (42 U.S.C. 1786). Dated: June 23, 2011. Audrey Rowe, Administrator, Food and Nutrition Service. [FR Doc. 2011-16282 Filed 6-28-11; 8:45 am]

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