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Code · REGISTER · 2013-02-28 · PROPOSED RULES · Agriculture Agriculture Department See Federal Crop Insurance Corporation See Food and Nutrition Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, an · Unknown

Unknown. Final rule

13,838 words·~63 min read·/register/2013/02/28/2013-04116

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-2013-02-28.xml --- 78 40 Thursday, February 28, 2013 Contents Agriculture Agriculture Department See Federal Crop Insurance Corporation See Food and Nutrition Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13618 2013-04644 Army Army Department See Engineers Corps Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Age Search Service, 13624-13625 2013-04607 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Board of Scientific Counselors, Office of Infectious Diseases; Cancellation, 13678 2013-04638 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 13677 2013-04636 Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 13677 2013-04637 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 13678-13680 2013-04548 2013-04551 2013-04673 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13680-13681 2013-04307 Coast Guard Coast Guard RULES Drawbridge Operations: New Haven Harbor, Quinnipiac and Mill Rivers, CT, 13479-13481 2013-04621 Great Lakes Pilotage Rates; 2013 Annual Review and Adjustment, 13521-13543 2013-04321 Implementation of MARPOL Annex V Amendments, 13481-13493 2013-04616 PROPOSED RULES Special Local Regulations and Safety Zones:
Recurring Marine Events and Fireworks Displays within Fifth Coast Guard District, 13576-13597 2013-04622 NOTICES Inspection and Certification of Vessels under Maritime Security Program; Guidance, 13691-13692 2013-04732 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 13643 2013-04609 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplements: Acquisition of Tents and Other Temporary Structures, 13544-13546 2013-04355 Alleged Crimes by or Against Contractor Personnel, 13547-13548 2013-04363 Electronic Subcontracting Reporting System, 13546-13547 2013-04362 Technical Amendments, 13543-13544 2013-04354 PROPOSED RULES Defense Federal Acquisition Regulation Supplements:
Encouragement of Science, Technology, Engineering, and Mathematics
(STEM)Programs, 13604-13606 2013-04352 Unallowable Fringe Benefit Costs, 13606-13607 2013-04353 Defense Department Defense Department See Defense Acquisition Regulations System See Engineers Corps See Navy Department RULES Federal Acquisition Regulation: Changes to Time-and-Materials and Labor-Hour Contracts and Orders, 13766-13767 2013-04600 Definition of Contingency Operation, 13765-13766 2013-04599 Extension of Authority for Use of Simplified Acquisition Procedures for Certain Commercial Items, 13767-13768 2013-04601 Federal Acquisition Circular 2005-66; Introduction, 13764 2013-04595 Federal Acquisition Circular 2005-66; Small Entity Compliance Guide, 13769-13770 2013-04604 Technical Amendments, 13768-13769 2013-04603 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Aquisition Regulation; Cost Accounting Standards Administration, 13675-13677 2013-04488 Education Department Education Department PROPOSED RULES Proposed Priorities: National Institute on Disability and Rehabilitation Research; Rehabilitation Research and Training Center, 13597-13600 2013-04695 National Institute on Disability and Rehabilitation Research; Traumatic Brain Injury Model Systems Centers Collaborative Research Project, 13600-13604 2013-04699 NOTICES Applications for New Awards: Impact Aid Discretionary Construction Grant Program, 13646-13651 2013-04692 Applications, Reports, and Other Records for the 2012-2013 Award Year: Student Assistance General Provisions, Federal Supplemental Educational Opportunity Grant, etc., 13651-13656 2013-04689 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program for High-Intensity Discharge Lamps: Public Meeting and Availability of Interim Technical Support Document, 13566-13570 2013-04672 Energy Conservation Program: Availability of Preliminary Technical Support Document for General Service Fluorescent Lamps and Incandescent Reflector Lamps, 13563-13566 2013-04711 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13656-13657 2013-04714 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Proposed Delta Wetlands Project in San Joaquin and Contra Costa Counties, CA, 13643-13645 2013-04722 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans: Delaware; Prevention of Significant Deterioration; Greenhouse Gas Permitting Authority and Tailoring Rule Revision, 13496-13497 2013-04143 Maryland; Deferral for CO2 Emissions from Bioenergy and other Biogenic Sources under the Prevention of Significant Deterioration Program, 13497-13499 2013-04145 Pennsylvania; Revision to Allegheny County Regulations for Prevention of Significant Deterioration, 13493-13495 2013-04291 Declaration of Prion as Pest under Federal Insecticide, Fungicide, and Rodenticide Act: Related Amendments; Availability of Final Test Guidelines, 13501-13507 2013-04613 Implementation Plans; Approvals and Promulgations: Tennessee; Revisions to Knox County Portion of Tennessee State Implementation Plan, 13499-13501 2013-04412 PROPOSED RULES Implementation Plans; Approvals and Promulgations: Tennessee; Revisions to Knox County Portion of Tennessee State Implementation Plan, 13604 2013-04415 Export Import Export-Import Bank NOTICES Applications: Final Commitment for Long-Term Loan or Financial Guarantee in Excess of 100 Million Dollars, 13666 2013-04572 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: The Boeing Company Airplanes, 13463 2013-04337 NOTICES Petitions for Exemption; Summaries of Petitions Received, 13745 2013-04597 Petitions for Exemption; Summary, 13746 2013-04688 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13666-13669 2013-04706 Debarments, 13669-13670 2013-04712 Radio Broadcasting Services: AM or FM Proposals to Change Community of License, 13670 2013-04717 Service Contract Inventories, FY 2012; Availability, 13670-13671 2013-04697 Federal Contract Federal Contract Compliance Programs Office RULES Rescission of Two Guidance Documents: Nondiscrimination Requirements of Executive Order 11246; Systemic Compensation Discrimination, 13508-13520 2013-04675 Federal Crop Federal Crop Insurance Corporation RULES Common Crop Insurance Regulations: Pecan Revenue Crop Insurance Provisions, 13454-13460 2013-04468 Federal Deposit Federal Deposit Insurance Corporation NOTICES Determinations: Insufficient Assets to Satisfy Claims Against Financial Institution in Receivership, 13671 2013-04553 Federal Energy Federal Energy Regulatory Commission NOTICES Activities under Blanket Certificates: Southwest Gas Storage Co., 13657 2013-04662 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13657-13658 2013-04655 Applications: Sierrita Gas Pipeline LLC, 13658-13660 2013-04665 2013-04666 Environmental Impact Statements; Availability, etc.: Middle Fork American River Project, 13660 2013-04664 Meetings: Trafalgar Power Inc.; Request to Reopen License to Require Fish Passage and Protection Measures, 13660-13661 2013-04658 Petitions for Rate Approval: Energy Transfer Fuel, LP, 13661 2013-04667 National Fuel Gas Distribution Corp., 13661 2013-04653 The East Ohio Gas Co., 13662 2013-04661 Petitions: Cobra Pipeline Ltd., 13662 2013-04660 Kansas Gas Service, a division of ONEOK, Inc., 13662-13663 2013-04659 Requests under Blanket Authorization: Equitrans, LP, 13663-13664 2013-04654 Southern Star Central Gas Pipeline, Inc., 13663 2013-04663 Termination of Exemptions: L.E. Bell Construction Co., Inc, 13665-13666 2013-04657 Piedmont Triad Regional Water Authority, 13664-13665 2013-04656 Federal Highway Federal Highway Administration PROPOSED RULES Environmental Impact and Related Procedures, 13609-13614 2013-04678 NOTICES Final Federal Agency Actions on Proposed Highway in California, 13746-13747 2013-04643 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13671-13673 2013-04694 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators, 13607-13609 2013-04487 Federal Railroad Federal Railroad Administration NOTICES Railroad Safety: Advisory Notice Related to Railroad Accidents in Vicinity of Underground Pipelines, 13747 2013-04684 Safety Advisories: Passing Stop Signals Protecting Movable Bridges, 13747-13748 2013-04713 Federal Reserve Federal Reserve System NOTICES Federal Open Market Committee: Domestic Policy Directive of January 29-30, 2013, 13673 2013-04693 Federal Trade Federal Trade Commission RULES Freedom of Information Act, 13472-13476 2013-04479 PROPOSED RULES Freedom of Information Act, 13570-13575 2013-04480 NOTICES Proposed Consent Orders: HTC America, Inc., 13673-13675 2013-04606 Federal Transit Federal Transit Administration PROPOSED RULES Environmental Impact and Related Procedures, 13609-13614 2013-04678 NOTICES Environmental Impact Statements; Availability, etc.: East San Fernando Valley Transit Corridor Project, Los Angeles, CA, 13748-13751 2013-04709 Fiscal Fiscal Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13760 2013-04180 Fish Fish and Wildlife Service NOTICES Environmental Assessments; Availability, etc.: Clarks River National Wildlife Refuge, KY, 13692-13694 2013-04639 Meetings: Conference of Parties to Convention on International Trade in Endangered Species of Wild Fauna and Flora, etc., 13694-13695 2013-04573 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Mammography Quality Standards Act Requirements, 13681-13684 2013-04677 Determinations; Regulatory Review Period of Patent Extensions: LAVIV, 13685-13686 2013-04646 ZYTIGA, 13684-13685 2013-04645 Draft Guidances for Industry and Review Staff: Pediatric Information Incorporated Into Human Prescription Drug and Biological Products Labeling, 13686-13687 2013-04625 Food and Nutrition Food and Nutrition Service RULES Child Nutrition Programs: Healthy, Hunger-Free Kids Act; Nondiscretionary Amendments, 13443-13454 2013-04116 PROPOSED RULES Special Supplemental Nutrition Program for Women, Infants and Children: Implementation of the Electronic Benefit Transfer-Related Provisions of Public Law 111-296, 13549-13563 2013-04216 Foreign Assets Foreign Assets Control Office NOTICES Additional Designations, Foreign Narcotics Kingpin Designation Act, 13760-13761 2013-04687 Designation of One Entity Pursuant to Executive Order 13448, 13761 2013-04686 Foreign Trade Foreign-Trade Zones Board NOTICES Approval of Subzone Status: Sea World, Inc., Guaynabo, PR, 13625 2013-04682 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Shasta-Trinity National Forest; CA; Elk Late-Successional Reserve Enhancement Project, 13618-13621 2013-04642 Omya Sentinel and Butterfield Quarry Expansion Project: San Bernardino National Forest; CA, 13621-13624 2013-04648 General Services General Services Administration RULES Federal Acquisition Regulation: Changes to Time-and-Materials and Labor-Hour Contracts and Orders, 13766-13767 2013-04600 Definition of Contingency Operation, 13765-13766 2013-04599 Extension of Authority for Use of Simplified Acquisition Procedures for Certain Commercial Items, 13767-13768 2013-04601 Federal Acquisition Circular 2005-66; Introduction, 13764 2013-04595 Federal Acquisition Circular 2005-66; Small Entity Compliance Guide, 13769-13770 2013-04604 Technical Amendments, 13768-13769 2013-04603 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Aquisition Regulation; Cost Accounting Standards Administration, 13675-13677 2013-04488 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Service Contract Inventory, FY 2011, 13677 2013-04719 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13687-13688 2013-04723 Meetings: National Advisory Committee on Rural Health and Human Services, 13688 2013-04652 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Industry Industry and Security Bureau RULES Editorial Corrections to Export Administration Regulations, 13463-13472 2013-04158 NOTICES Meetings: Materials Processing Equipment Technical Advisory Committee, 13625-13626 2013-04698 President's Export Council Subcommittee On Export Administration, 13625 2013-04696 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Coverage of Certain Preventive Services under Affordable Care Act; Correction, 13575-13576 2013-04608 International Trade Adm International Trade Administration NOTICES Administrative Reviews: Wooden Bedroom Furniture from People's Republic of China, 13626-13631 2013-04683 Antidumping and Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc., 13631-13641 2013-04681 International Trade Com International Trade Commission NOTICES Appointments of Individuals to Serve as Members of Performance Review Board, 13706 2013-04557 Service Contract Inventories; Availability: Fiscal Year 2011, Analysis; Fiscal Year 2012, etc., 13706 2013-04558 Justice Department Justice Department See Prisons Bureau NOTICES Consent Decrees under Clean Water Act, 13706-13707 2013-04624 Proposed Consent Decrees, 13707 2013-04630 Labor Department Labor Department See Federal Contract Compliance Programs Office See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings: Eastern Washington Resource Advisory Council, 13695 2013-04635 Marine Marine Mammal Commission NOTICES Meetings; Sunshine Act, 13710 2013-04848 Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel CATSPAJAUMAS, 13753-13754 2013-04707 Vessel DELPHINE, 13753 2013-04703 Vessel GATO, 13752 2013-04704 Vessel LAST TIME AROUND, 13751 2013-04705 Vessel SPIRIT, 13752-13753 2013-04691 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation: Changes to Time-and-Materials and Labor-Hour Contracts and Orders, 13766-13767 2013-04600 Definition of Contingency Operation, 13765-13766 2013-04599 Extension of Authority for Use of Simplified Acquisition Procedures for Certain Commercial Items, 13767-13768 2013-04601 Federal Acquisition Circular 2005-66; Introduction, 13764 2013-04595 Federal Acquisition Circular 2005-66; Small Entity Compliance Guide, 13769-13770 2013-04604 Technical Amendments, 13768-13769 2013-04603 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Aquisition Regulation; Cost Accounting Standards Administration, 13675-13677 2013-04488 National Credit National Credit Union Administration RULES Chartering and Field of Membership Manual for Federal Credit Unions, 13460-13463 2013-04647 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decisions of Eligibility for Importation: Nonconforming 2003 Jeep Wrangler Multi-Purpose Passenger Vehicles Manufactured for Sale in the Mexican Market, 13755-13756 2013-04715 Nonconforming 2004 Ford F-150 Crew Cab Trucks Manufactured for Sale in the Mexican Market, 13754-13755 2013-04721 Technical Report: Effectiveness of LED Stop Lamps for Reducing Rear-End Crashes, 13756-13758 2013-04690 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for Human Embryonic Stem Cell Line to be Approved for Use in NIH Funded Research, 13688-13689 2013-04669 Meetings: Center for Scientific Review, 13690-13691 2013-04581 2013-04582 National Institute of General Medical Sciences, 13689 2013-04579 National Institute of Mental Health, 13690 2013-04580 National Institute on Minority Health and Health Disparities, 13689-13690 2013-04583 Prospective Grants of Exclusive Licenses: Development of m971 and m972 Chimeric Antigen Receptors for the Treatment of B Cell Malignancies, 13691 2013-04585 National Labor National Labor Relations Board NOTICES Service Contract Inventories; Availability: Analysis of Fiscal Year 2011, 13710-13712 2013-04556 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Endangered and Threatened Wildlife: 90-Day Finding on Petition to List Humphead Wrasse as Threatened or Endangered, 13614-13617 2013-04718 NOTICES Meetings: Pacific Fishery Management Council, 13641-13642 2013-04783 Permits: Endangered Species; File No. 17506, 13642-13643 2013-04404 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: U.S. Navy F-35C West Coast Homebasing; Draft Clean Air Act General Conformity Determination; Meeting, 13645-13646 2013-04702 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Planned Monitoring Activities: F-Area Tank Farm, Savannah River Site, 13712 2013-04668 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: The Benzene Standard, 13707-13709 2013-04650 Meetings: Advisory Committee on Construction Safety and Health, 13709-13710 2013-04482 Ocean Energy Management Ocean Energy Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf, 13695-13706 2013-04626 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Administrative Appeals, 13712-13713 2013-04671 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 13713-13715 2013-04611 2013-04612 Postal Service Postal Service NOTICES Product Changes: Express Mail Negotiated Service Agreement, 13715 2013-04602 Priority Mail Negotiated Service Agreement, 13715 2013-04605 Prisons Prisons Bureau RULES Compassionate Release: Technical Changes, 13478-13479 2013-04589 Public Debt Public Debt Bureau See Fiscal Service Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: International Securities Exchange, LLC, 13717-13721 2013-04615 NASDAQ Stock Market LLC, 13721-13726 2013-04614 NYSE Arca, Inc., 13726-13742 2013-04623 Options Clearing Corp., 13715-13716 2013-04552 Small Business Small Business Administration NOTICES Disaster Declarations: Arkansas; Amendment 1, 13742 2013-04441 Exemption under Section 312 of the Small Business Investment Act; Conflicts of Interest: BB and T Capital Partners Mezzanine Fund II, LP, 13742 2013-04464 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Repatriation/Emergency Medical and Dietary Assistance Loan Application, 13742-13743 2013-04474 Fiscal Year 2011 Service Contract Inventory, 13743 2013-04716 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration NOTICES Requirements for the Recognizing Aviation and Aerospace Innovation in Science and Engineering Award, 13743-13745 2013-04710 Treasury Treasury Department See Fiscal Service See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13758-13760 2013-04631 Customs U.S. Customs and Border Protection RULES Modification of Port Limits of Green Bay, WI, 13476-13478 2013-04620 Separate Parts In This Issue Part II Defense Department, 13764-13770 2013-04600 2013-04599 2013-04601 2013-04595 2013-04604 2013-04603 General Services Administration, 13764-13770 2013-04600 2013-04599 2013-04601 2013-04595 2013-04604 2013-04603 National Aeronautics and Space Administration, 13764-13770 2013-04600 2013-04599 2013-04601 2013-04595 2013-04604 2013-04603 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. 78 40 Thursday, February 28, 2013 Rules and Regulations DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Parts 210, 215, 220, 225, 226, and 245 RIN 0584-AE14 Child Nutrition Programs: Nondiscretionary Amendments Related to the Healthy, Hunger-Free Kids Act of 2010 AGENCY: Food and Nutrition Service, USDA. ACTION: Final rule. SUMMARY: This final rule implements several nondiscretionary provisions of the Healthy, Hunger-Free Kids Act of 2010, including those related to categorical eligibility for foster children, removal of limits on private nonprofit sponsors, outreach to eligible families, simplification of area eligibility for day care homes, application of school food safety requirements, and permanent agreements for institutions and sponsors. These provisions will make it easier for children to get nutritious meals when they are away from home, while requiring State and local agencies to make relatively minor changes in the procedures they use to operate the National School Lunch Program, Special Milk Program, School Breakfast Program, Child and Adult Care Food Program, and Summer Food Service Program. DATES: This rule is effective April 1, 2013. FOR FURTHER INFORMATION CONTACT: Julie Brewer, Chief, Policy and Program Development Branch, Child Nutrition Division, Food and Nutrition Service, Department of Agriculture, 3101 Park Center Drive, Suite 640, Alexandria, VA 22302-1594, or telephone 703-305-2590. SUPPLEMENTARY INFORMATION: I. Background The Healthy, Hunger-Free Kids Act of 2010 (HHFKA), Public Law 111-296, makes important improvements to the Child Nutrition Programs that serve the nation's children. It provides for improved access to nutrition assistance through program expansion, outreach, and modifications in administration of the National School Lunch Program, Special Milk Program, School Breakfast Program, Child and Adult Care Food Program (CACFP), and Summer Food Service Program (SFSP). This rulemaking codifies the following nondiscretionary amendments into Title 7 of the Code of Federal Regulations, as they apply to parts 210, 215, 220, 225, 226, and 245: • Confer categorical eligibility for free meals and free milk to foster children whose care and placement is the responsibility of a State foster care agency or a court. • Eliminate an existing limitation on the number of sites that private nonprofit sponsors may be approved to operate in SFSP. • Require each State agency administering the National School Lunch Program to ensure that school food authorities cooperate with SFSP sponsors to distribute materials to inform families of the availability of free and reduced-price breakfast during the school year and of free meals when the school year ends. • Expand the allowable sources of income information to include data from any school to determine area eligibility for day care homes in CACFP. • Specify that, as a condition of eligibility, applications for free or reduced-price meals and free milk include only the last four digits of the social security number of the adult who signs the application, in lieu of the complete social security number. • Eliminate collection of social security numbers for verification of free and reduced-price meal eligibility. • Specify that the school food safety program established for meals served through the school meal programs applies to any facility, or part of a facility, in which foods are stored, prepared, or served. • Require State agencies and SFSP sponsors to enter into permanent agreements. • Require State agencies and CACFP institutions to enter into permanent agreements. • Clarify the definition of “areas in which poor economic conditions exist” in SFSP. • Clarify revenue and accrual requirements from foods sold in schools outside of the reimbursable meals programs. II. Implementation Categorical Eligibility of Foster Child Section 102 of HHFKA amends sections 9(b)(12)(A) and 9(d)(2)(F) of the Richard B. Russell National School Lunch Act, (NSLA), 42 U.S.C. 1758(b)(12)(A) and (d)(2)(F), to provide categorical eligibility for free meals, without further application or eligibility determination, to any foster child whose care and placement is the responsibility of the State or who is placed by a court with a caretaker household. Section 102 also amends section 9(b)(5) of NSLA to allow the local educational agency, to certify any foster child as eligible for free meals, without application, by directly communicating with the appropriate State or local child welfare agency to obtain documentation of a child's status. In accordance with section 17(c)(4), of NSLA, 42 U.S.C. 1766(c)(4), and section 13(a) of the Child Nutrition Act of 1966 (CNA), 42 U.S.C. 1773(e)(1)(A),child care institutions and sponsors may similarly certify any foster child as categorically eligibility for free meals without further application. These provisions require changes in the way free and reduced-price meals applications are handled. Previously, the application process outlined in the regulations considered a foster child as a household of one. A guardian was required to complete a separate application on behalf of each foster child. The application required provision of information, including the foster child's name and any personal income received by the child. Under the amendments to section 9(b)(12)(A) of NSLA, effective retroactively on October 1, 2010, a child who is formally placed by a court or an agency that administers a State plan under parts B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq.), or a child who is placed with a caretaker household by a court becomes automatically eligible for free meals. In accordance with section 3(a)(4) of CNA, 42 U.S.C. 1772(a)(4), a child would also be automatically eligible for free milk. The Food and Nutrition Service
(FNS)encourages local education agencies, institutions, and sponsors in the Child Nutrition Programs to communicate with State and local child welfare agencies and establish formal procedures so they can receive information directly from the foster care agencies to facilitate certification for free meals or free milk for children in foster care. If the appropriate foster care agency does not initially provide documentation for a categorically eligible foster child, an application identifying the child as a foster child must be completed. Documentation or direct contact with a State or local child welfare agency or a court where the child received placement is not required unless the household's application is selected for verification. FNS issued a memorandum, SP 17-2011, CACFP 08-2011, SFSP 05-2011: *Child Nutrition Reauthorization 2010: Categorical Eligibility of Foster Children,* on January 31, 2011, and additional guidance on March 16, 2011, to help State agencies begin implementing this Program modification. FNS also revised the prototype free and reduced-price school meals application and the CACFP meal benefit income eligibility form and supporting materials. To facilitate access and communication among Program operators and households, FNS has also revised and translated the prototype application materials into 33 languages. They are available on the FNS Web site at *http://www.fns.usda.gov/cnd/frp/frp.process.htm* and *http://www.fns.usda.gov/cnd/care/Benefit_Forms/Translations.htm.* Accordingly, this final rule amends Program regulations to add categorical eligibility for free meals and free milk for a child whose care and placement is the responsibility of a State foster care agency or a court. This rule makes corresponding changes to 7 CFR 210.9(b), 220.7(e), 225.2 (definition of *Foster child* ), 225.15(e), 225.15(f), 226.2 (definitions of *Foster child* and *Free meal* ), 226.23(c), 226.23(d), 226.23(e), 245.2 (definitions of *Categorically eligible, Direct certification,* *Documentation,* and *Foster child* ), 245.5(a), 245.6(a) 245.6(b), 245.6(c), 245.6a(a), 245.6a(c), and 245.6a(f). Alignment of Eligibility Rules for Public and Private Sponsors The Summer Food Service Program
(SFSP)is authorized under section 13 of NSLA, 42 U.S.C. 1761. Its primary purpose is to provide nutritious meals to children from low-income areas during periods when schools are closed for vacation. Section 111 of HHFKA amends section 13(a) of NSLA, 42 U.S.C. 1761(a), to clarify the definition of “private nonprofit” in SFSP and expand the limits on the number of sites and children that private nonprofit organization sponsors may serve. Section 111 of HHFKA also specifies that private nonprofit organizations must have private nonprofit status under section 501(c) of the Internal Revenue Code of 1986, 26 U.S.C. 1.501(c)(3)-1, and be exempt from taxation under section 501(a) of that Code, 26 U.S.C. 1.501(a)-1. Section 441 of HHFKA further amends section 13(a) of NSLA to clarify how the geographic area that determines the location and eligibility of sites is defined. Previously, statutory and regulatory limitations permitted private nonprofit sponsors to operate no more than 25 sites, with no more than 300 children served at any one site unless granted a waiver by the State agency. Private nonprofit sponsors could only operate in areas where school food authorities were not intending to participate. The new amendments to section 13(a)(7) of NSLA removed the statutory restrictions and aligned the eligibility criteria for schools, public agencies, and private nonprofit organizations, establishing the same opportunities for all types of sponsors. Effective retroactively on October 1, 2010, private nonprofit sponsors are eligible to participate in SFSP under the same terms as other service institutions. All sponsors may now be approved to operate a maximum of 200 sites and serve a maximum total average daily attendance of 50,000 children. Exceptions to these limits may be approved by State agencies, if the sponsor can demonstrate that its organization has the ability to manage a larger program. FNS issued a memorandum, SFSP 02-2011: *Child Nutrition Reauthorization 2010: Eligibility Requirements and Site Limits for Private Nonprofit Organizations in the Summer Food Service Program,* on January 14, 2011, to help State agencies begin implementing this Program modification. Accordingly, this final rule amends Program regulations to eliminate an existing limitation on the number of sites that private nonprofit sponsors may be approved to operate, and identify the applicable sections of the Internal Revenue Code for private nonprofit organizations to certify tax exemption and Program eligibility. This rule makes corresponding changes to 7 CFR 225.2 ( *Private nonprofit,* and *Private nonprofit organization* ), 225.6(b)(6), and 225.14(d)(6). Outreach to Eligible Families Section 112 of HHFKA establishes requirements for conducting outreach in SFSP and the School Breakfast Program. It adds section 13(a)(11) to NSLA, 42 U.S.C. 1761(a)(11), to coordinate outreach to families, in an effort to help more children benefit from the nutritious meals served in the School Breakfast Program during the school year, and in SFSP when the school year ends. This new provision requires school food authorities to cooperate with SFSP sponsors, to the maximum extent practicable, to distribute materials informing families of the availability and location of free SFSP meals when school is not in session. School food authorities must also inform families of the availability of reimbursable breakfasts at school during the school year. State agencies that administer the National School Lunch Program must ensure that school food authorities implement activities to inform families. If the State agency administering SFSP is not the same State agency that administers the National School Lunch Program, then both agencies must work together to ensure that these requirements are met. To help State agencies begin implementing this provision, FNS issued a memorandum, SP 15-2011, SFSP 04-2011: *Child Nutrition Reauthorization 2010: Outreach to Households on the Availability of Summer Food Service Program Meals,* on January 25, 2011. FNS issued additional guidance, SP 40-2011: *Child Nutrition Reauthorization 2010: Outreach to Households on the Availability of the School Breakfast Program* on June 15, 2011. Accordingly, this final rule amends Program regulations to require each State agency administering the National School Lunch Program to ensure cooperation among school food authorities, SFSP sponsors, and if applicable, alternate State agencies, to inform families of the availability of free and reduced-price breakfast during the school year and of free meals through SFSP when school is not in session. This rule makes corresponding changes by adding new paragraphs at 7 CFR 210.12(d) and 210.19(g). Simplifying Area Eligibility Determinations The Child and Adult Care Food Program (CACFP) is authorized under section 17 of NSLA, 42 U.S.C. 1766, to provide the nutrition that contributes to the wellness, healthy growth, and development of young children in family and group day care homes. CACFP targets higher levels of reimbursement to day care homes in low-income areas. Section 121 of HHFKA amends section 17(f)(3)(A)(ii)(I)(bb) of NSLA, 42 U.S.C. 1766(f)(3)(A)(ii)(I)(bb), to allow family and group day care homes to be classified as tier I, for purposes of higher reimbursement, if the home is located in an attendance area of a school in which at least 50 percent of the enrolled children are certified eligible for free and reduced-price school meals. Each year, the National School Lunch Program State agency is responsible for compiling data into a list of area-eligible schools, and transmitting this list to the CACFP State agency. The CACFP sponsoring organization is responsible for determining day care home classifications for tier I reimbursement. Determination of a day care home's eligibility for tier I reimbursement is valid for five years. Previously, only the enrollment of the local elementary school could be used to determine tier I eligibility. Effective retroactively on October 1, 2010, the day care home's eligibility may be determined by the enrollment of any local school, as long as the home is located within the selected school's attendance area. FNS issued a memorandum, CACFP 05-2011: *Child Nutrition Reauthorization 2010: Area Eligibility for Family Day Care Homes,* on December 22, 2010, and a subsequent revision on January 10, 2011, to advise States that any elementary, middle, or high school in which at least 50 percent of the enrolled children are certified eligible for free and reduced-price school meals may be used to make tier I determinations for homes in the local area. Accordingly, this final rule amends Program regulations to establish CACFP area eligibility for family day care homes located in the attendance area of any school where at least 50 percent of the enrolled children are certified eligible for free and reduced-price meals. This rule makes corresponding changes to 7 CFR 210.9(b)(21), 210.19(f), 226.2 (definitions of *Eligible area* and *Tier I day care home* ) 226.6(f), 226.15(e), 226.15(f), and 226.17a(1)(i). Privacy Protection Section 301 of HHFKA amends section 9(d)(1) of NSLA, 42 U.S.C. 1758(d)(1), by removing the requirement that the adult household member who signs a household application for free and reduced-price lunches must also provide his or her complete nine-digit social security number, as a condition of eligibility. In accordance with section 4(e)(1) of CNA, 42 U.S.C. 1773(e)(1), the provision of a social security number is required for applications for free and reduced-price breakfast, as well. This amendment also removes the requirement that the social security number of each household member be collected to verify applications. However, no change was made to any of the confidentiality requirements of NSLA regarding the use and disclosure of information obtained from an application for free and reduced-price meals. The new amendments to section 9(d)(1) of NSLA, effective retroactively on October 1, 2010, require that the adult household member signing the free and reduced-price application provide only the last four digits of the social security number. USDA expects this change to increase privacy protections for households applying for free and reduced-price meals and free milk in the Child Nutrition Programs. Collection of a partial social security number does not require protection under section 7(b) of the Privacy Act of 1974, 5 U.S.C. 552a note. Therefore, the Privacy Act statement, currently found at 7 CFR 245.6(a)(8), addressing the use of the social security number in determining individual eligibility for free meals and free milk benefits is no longer required. These statutorily-driven amendments do not change how applications for free and reduced-price meals or free milk are evaluated. An application that does not include the last four digits of the social security number of the adult household member, or an indication that the adult does not have a social security number, will be considered incomplete for purposes of determining eligibility for benefits in the Child Nutrition Programs. FNS issued a memorandum, SP 19-2011, CACFP 09-2011, SFSP 06-2011: *Child Nutrition Reauthorization 2010: Privacy Protection and the Use of Social Security Numbers in Child Nutrition Programs,* on February 15, 2011. FNS has revised the prototype free and reduced-price school meals application and the CACFP meal benefit income eligibility form and supporting materials. They are available on the FNS Web site at *http://www.fns.usda.gov/cnd/frp/frp.process.htm* and *http://www.fns.usda.gov/cnd/care/Benefit_Forms/Translations.htm.* FNS has also revised the Eligibility Manual for School Meals to give practical guidance to help State and local operators achieve the goals of these provisions. This manual contains information on Federal requirements for schools, institutions, and sponsors that must establish individual eligibility for free and reduced-price meals or free milk. It is found on the FNS Web site at *http://www.fns.usda.gov/cnd/guidance/default.htm.* Accordingly, this final rule amends Program regulations to specify that, as a condition of eligibility, applications for free and reduced-price meals and free milk must include the last four digits of the social security number of the adult household member who signs the application. This rule modifies the application verification process by eliminating the collection of social security numbers. It also eliminates specific references to section 7(b) of the Privacy Act of 1974, 5 U.S.C. 552a note, regarding the collection of social security numbers. As noted above, this rule does not change the confidentiality requirements regarding the use and disclosure of information that appear elsewhere in NSLA. Additionally, this rule does not change the current regulatory provision that allows the adult household member who signs the application to indicate that the adult does not have a social security number. This rule makes corresponding changes to 7 CFR 215.13a(f), 215.13a(i), 225.2 (definitions of *Adult* and *Documentation* ), 225.15(f), 226.2 (definitions of *Adult* and *Documentation* ), 226.23(e), 226.23(h), 245.2 (definition of *Documentation* ), 245.6(a), 245.6(h), and 245.6a(f). Applicability of Food Safety Programs for the Entire School Campus Section 302 of HHFKA amends section 9(h)(5) of NSLA, 42 U.S.C. 1758(h)(5), to strengthen food safety requirements in the National School Lunch Program, School Breakfast Program, and all other Child Nutrition Programs operated in a school. NSLA now requires that Hazard Analysis and Critical Control Point (HACCP) principles for safe food handling be applied to any facility, or part of a facility in which food for any Child Nutrition Program is stored, prepared, or served. Section 402 of HHFKA further amends section 9(h) of NSLA to extend State food safety audit and reporting requirements through fiscal year 2015. Therefore, State agencies must continue to report to FNS, by November 15 of each year, the number of food safety inspections received by schools in their States during the prior school year. The school food safety program has been statutorily required in school cafeterias since 2004. It requires school food authorities to apply HACCP principles to address food safety in all aspects of school meal preparation and meal service. To comply with the requirements of section 9(h)(5) of NSLA, FNS anticipates that only minor modifications to existing Child Nutrition Program operations will be needed. For example, school food authorities may apply their current procedures for safe food handling in the cafeteria to other locations, including school buses, hallways, school courtyards, kiosks, and classrooms, where food is stored, prepared, or served. As a result, State agencies will need to review the schools' food safety programs to ensure that standard operating procedures for safe food handling are updated to include locations outside of the cafeteria. FNS issued a memorandum, SP 37-2011: *Child Nutrition Reauthorization 2010: Enhancing the School Food Safety Program,* on May 18, 2011, advising State agencies of the new food safety provisions. FNS will also provide additional food safety guidance, as needed, to help State and local operators comply with the requirements of this provision. Accordingly, this final rule amends Program regulations to specify that the school food safety program established for meals served through the school meal programs applies to any facility, or part of a facility, in which foods are stored, prepared, or served. This rule makes corresponding changes to 7 CFR 210.13(c) and 220.7(a)(3). This rule also makes corresponding changes to 7 CFR 210.20(a)(8), 210.20(b)(12), and 220.13(b)(3) to extend State food safety audit and reporting requirements through fiscal year 2015. Permanent Operating Agreements Section 321 of HHFKA amends section 13(b) of NSLA, 42 U.S.C. 1761(b), to require permanent operating agreements between State agencies and all sponsors that are approved to participate in SFSP. Similarly, section 331(a) of HHFKA amends section 17(d)(1) of NSLA, 42 U.S.C. 1766(d)(1), to require permanent operating agreements between State agencies and child or adult care institutions in CACFP. The use of permanent agreements is not new to State agencies administering SFSP and CACFP. Section 9(i) of NSLA, 42 U.S.C. 1758(i), has required States which administer any combination of Child Nutrition Programs within the same State administering agency, to use a single permanent agreement for all programs operated by a school food authority under that State agency. Section 9(i) of NSLA also requires that multiple programs operated by an alternate State agency would use a single permanent agreement. CACFP regulations at 7 CFR 226.6(b)(4)(ii) give State agencies the authority to enter into permanent agreements with any institution. SFSP regulations at 7 CFR 225.6(e) instruct State agencies to enter into permanent agreements with school food authority sponsors, and the memorandum SFSP 03-2007: *Permanent Agreements for All Summer Food Service Program Sponsors,* issued by FNS on February 23, 2007, extends to State agencies the authority to establish permanent agreements with any type of SFSP sponsor. Effective retroactively on October 1, 2010, the new provisions under sections 13(b)(3) and 17(d)(1)(E) of NSLA now require State agencies to establish permanent operating agreements with all approved sponsors and child or adult care institutions. FNS issued a memorandum, CACFP 07-2011, SFSP 03-2011: *Child Nutrition Reauthorization 2010: Permanent Agreements in the Summer Food Service Program and the Child and Adult Care Food Program,* on January 14, 2011, to implement these provisions. Accordingly, this final rule amends Program regulations to require State agencies to enter into permanent agreements with approved sponsors in SFSP and with approved child or adult care institutions in CACFP. This rule makes corresponding changes to 7 CFR 225.6(e), 226.6(b), 226.6(c), 226.16(f), and 226.17a(f). Additional provisions of sections 331(b) and
(c)of HHFKA make a number of modifications to CACFP applications, reviews, and agreements between sponsoring organizations and their facilities. FNS intends to address implementation of those discretionary provisions in a separate rulemaking. Technical Amendments Section 441 of HHFKA includes a technical amendment that clarifies the definition of “area in which poor economic conditions exist” that appears under section 13 of NSLA, 42 USC 1761. The definition now specifically states that SFSP sites must be located in the attendance area of a school to qualify as area eligible. This clarification is consistent with how FNS and States have always interpreted area eligibility on the basis of free and reduced-price school meal data. Accordingly, this rule makes a corresponding change to 7 CFR 225.2 (definition of *Areas in which poor economic conditions exist* ). Section 206 of HHFKA includes an amendment to section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) regarding revenue from foods sold in schools outside of the reimbursable meals programs. FNS published an interim rule, National School Lunch Program: School Food Service Account Revenue Amendments Related to the Healthy, Hunger-Free Kids Act of 2010, 76 FR 35301, on June 17, 2011, to clarify that revenue from these non-program foods must accrue to the nonprofit school food service. The interim rule addressed these revenue and accrual requirements only under 7 CFR 210.14, without amending 7 CFR 210.11. Accordingly, this rule makes a corresponding change to 7 CFR 210.11(b) to address these requirements. This rule also includes amendments to correct technical errors that appeared in the final rule, Nutrition Standards in the National School Lunch and School Breakfast Programs, 77 FR 4088, published on January 26, 2012. That rule updated school meal patterns to align them with the Dietary Guidelines for Americans. However, the published rule misstated the required percentage of whole grains and the number of food components to offer to children. Accordingly, this rule makes a corresponding change to 7 CFR 210.10(c)(2)(iv)(A) to specify that creditable whole grain-rich foods contain at least 50 percent whole grains and the remaining grain content of the product must be enriched. This rule also makes corresponding changes to 7 CFR 210.2 (definitions of *Food component* and *Food item* ) and 210.10(e) to remove errors regarding the number of food components. This rule makes several additional technical changes to 7 CFR parts 210, 225, 226, and 245. We are using this opportunity to fix a small number of outdated regulatory citations, obsolete terms of usage, typographical errors, and misspelled words. None of the technical changes will effect a substantive change in the Programs. Accordingly, this rule amends Program regulations to: • Replace references to the Food Stamp Program, renamed the Supplemental Nutrition Assistance Program (SNAP), that now appear under 7 CFR 226.23(e)(1)(iv)(A), 226.23(e)(2)(vi)(A), 226.23(e)(2)(vi)(B), 226.23(h)(2)(v)(A), and 245.6a(f)(3). • Correct the citation that references school selection criteria at 7 CFR 210.18(e). • Remove two obsolete citations that reference the free meal policy statement in 7 CFR 225.6(c)(4). • Correct citations that reference invitation for bid requirements in paragraphs 7 CFR 225.6(c)(2)(ii)(C) and 225.6(c)(3)(ii)(C) and late submission of claims at 7 CFR 225.13(a). • Replace the term “handicap” with the term “disability” in 7 CFR 225.6(c)(4)(ii)(F). • Correct the typographical error in 7 CFR 225.18(g) which misstates the $25,000 fraud limit penalty as $100,000. • Correct the citation that references tax-exempt requirements in 7 CFR 226.6(f)(3)(iv)( *C* ). • Remove an incorrect citation of appeal rights for day care homes at 7 CFR 226.6(b)(3) and extra punctuation at 7 CFR 226.17(b)(4). • Correct the spellings of “eligibility” in 7 CFR 226.4(b), “institution's” in 7 CFR 226.6(c)(2)(iii)(A)(6), “ranges” in 7 CFR 226.6(d)(3)(iv)(C), and “member” in 7 CFR 226.23(e)(1)(iv). III. Procedural Matters Notice and Comment In accordance with the Secretary of Agriculture's Statement of Policy (36 FR 13804), this rule is exempt from the notice and comment provisions of the Administrative Procedures Act, 5 U.S.C. 553, normally required before the adoption of final rulemaking, As this preamble explains, all of the HHFKA amendments adopted as final in this rule are nondiscretionary. USDA has not exercised any authority in interpreting the statutory provisions beyond the language that is specifically provided in the law. Therefore, notice and comment would serve no useful purpose in the promulgation of these regulations. Executive Order 12866 This rule has been determined to be not significant. In conformance with Executive Order 12866, this rule was not reviewed by the Office of Management and Budget (OMB). Regulatory Flexibility Act This rule has not been reviewed with regard to the requirements of the Regulatory Flexibility Act of 1980, 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 Child Nutrition Programs authorized under NSLA and the Child Nutrition Act of 1966, as amended, nondiscretionary statutory provisions set forth in HHFKA. Although the provisions may be applicable to State agencies, local educational agencies, school food authorities, child care institutions, adult care institutions, and sponsors that administer or operate these programs, they will not have significant economic impact on any of those entities. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act
(UMRA)of 1995, Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments, and on the private sector. Under section 202 of UMRA, FNS must generally 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 by the private sector, of $100 million or more in any one year. When this statement is needed, section 205 of UMRA generally requires FNS to identify and consider a reasonable number of regulatory alternatives, and adopt the most cost effective or least burdensome alternative that achieves the objectives of the rule. This final rule does not contain Federal mandates of $100 million or more in any one year under the regulatory provisions of Title II of UMRA for State, local, or tribal governments, or for the private sector. Therefore, this rule is not subject to the requirements of sections 202 or 205 of UMRA. Executive Order 12372 The nutrition assistance programs affected by this rulemaking are listed in the Catalog of Federal Domestic Assistance as follows: • National School Lunch Program, No. 10.555 • School Breakfast Program, No. 10.553 • Special Milk Program, No. 10.556 • Child and Adult Care Food Program, No. 10.558 • Summer Food Service Program, 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 these 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 13121. FNS has considered the impact of this final rule on State and local governments and has determined that it does not have federalism implications. Therefore, under section 6(b) of this 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 rule is not 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 and timely implementation. This rule is intended to have retroactive effect, as authorized under HHFKA. Prior to any judicial challenge to the provisions of the final rule, all applicable administrative procedures must be exhausted. Civil Rights Impact Analysis FNS has reviewed this final rule in accordance with USDA 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. Executive Order 13175 Executive Order 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 Spring 2011, FNS offered opportunities for consultation with Tribal officials or their designees to discuss the impact of HHFKA on tribes or Indian Tribal governments. FNS coordinated five consultation sessions that provided the opportunity to address Tribal concerns and gain input from elected Tribal officials or their designees concerning the impact of this rule on Tribal governments, communities, and individuals. Reports from these consultations are part of the USDA annual reporting on Tribal consultation and collaboration. FNS will respond in a timely and meaningful manner to Tribal government requests for consultation concerning this rule. Currently, FNS provides regularly scheduled quarterly consultation sessions through the end of Fiscal Year 2012 as an opportunity for collaborative conversations with Tribal officials and their designees. Paperwork Reduction Act The Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35; see 5 CFR part 1320, requires OMB to approve all collections of information by a Federal agency 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 rule does not contain information collection requirements subject to approval by OMB under the Paperwork Reduction Act of 1995. E-Government Act Compliance FNS is committed to complying with the E-Government Act of 2002 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. List of Subjects 7 CFR Part 210 Children, Commodity School Program, Food assistance programs, Grants programs—social programs, National School Lunch Program, Nutrition, Reporting and recordkeeping requirements, Surplus agricultural commodities. 7 CFR Part 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 and recordkeeping requirements. 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 245 Civil rights, Food assistance programs, Grant programs—education, Grant programs—health, Infants and children, Milk, Reporting and recordkeeping requirements, School breakfast and lunch programs. Accordingly, 7 CFR parts 210, 215, 220, 225, 226 and 245 are amended as follows: PART 210—NATIONAL SCHOOL LUNCH PROGRAM 1. The authority citation for part 210 continues to read as follows: Authority: 42 U.S.C. 1751-1760, 1779. 2. In § 210.2, revise the definitions of *Food component* and *Food item* to read as follows: § 210.2 Definitions. *Food component* means one of the food groups which comprise reimbursable meals. The food components are: Meats/meat alternates, grains, vegetables, fruits, and fluid milk. Meals offered to preschoolers must consist of: Meats/meat alternates, grains, vegetables/fruits, and fluid milk. *Food item* means a specific food offered within a food component. 3. In § 210.9: a. Remove the word “or” at the end of paragraph (b)(19)(iv). b. In paragraph (b)(19)(v), remove the period at the end of the sentence and add, in its place, the term “; or”. c. Add new paragraph (b)(19)(vi). d. In paragraph (b)(21), remove the word “elementary” each time it appears. The addition reads as follows: § 210.9 Agreement with State agency.
(b)* * *
(19)* * *
(vi)The child is a foster child as defined in § 245.2 of this chapter. § 210.10 [Amended] 4. In § 210.10: a. In paragraph (c)(2)(iv)(A), remove the number “51” and add, in its place, the number “50”. b. In paragraph (e), remove the word “items” and add, in its place, the word “components”. § 210.11 [Amended] 5. In § 210.11, remove the words “or the school or student organizations approved by the school” at the end of the third sentence of paragraph (b). 6. In § 210.12, add new paragraph
(d)to read as follows: § 210.12 Student, parent and community involvement.
(d)*Outreach activities.*
(1)To the maximum extent practicable, school food authorities must inform families about the availability breakfasts for students. Information about the School Breakfast Program must be distributed just prior to or at the beginning of the school year. In addition, schools are encouraged to send reminders regarding the availability of the School Breakfast Program multiple times throughout the school year.
(2)School food authorities must cooperate with Summer Food Service Program sponsors to distribute materials to inform families of the availability and location of free Summer Food Service Program meals for students when school is not in session. 7. In § 210.13, revise the introductory text of paragraph
(c)to read as follows: § 210.13 Facilities management.
(c)*Food safety program.* The school food authority must develop a written food safety program that covers any facility or part of a facility where food is stored, prepared, or served. The food safety program must meet the requirements in paragraph (c)(1) or paragraph (c)(2) of this section, and the requirements in § 210.15(b)(5). § 210.18 [Amended] 8. In § 210.18, remove the term “(e)(1)” in the introductory text of paragraph (e), and add, in its place, the term “(e)(2)”. 9. In § 210.19: a. In paragraph (f), remove the word “elementary”. b. Add new paragraph (g). The addition reads as follows: § 210.19 Additional responsibilities.
(g)*Program outreach.* State agencies must ensure that school food authorities conduct the outreach activities required under § 210.12(d). If the State agency administering the Summer Food Service Program is not the same State agency that administers the National School Lunch Program, then the two State agencies must work together to implement outreach measures. 10. In § 210.20: a. In paragraph (a)(8), remove the words “2008-2009” and add, in their place, the words “2014-2015”. b. Revise paragraph (b)(12). The revision reads as follows: § 210.20 Reporting and recordkeeping.
(b)* * *
(12)Records supplied by the school food authorities showing the number of food safety inspections obtained by schools for the current and three most recent school years. PART 215—SPECIAL MILK PROGRAM FOR CHILDREN 11. The authority citation for part 215 continues to read as follows: Authority: 42 U.S.C. 1772 and 1779. 12. In § 215.13a: a. Revise paragraph (f). b. In paragraphs (i)(1) and (i)(2), remove the term “Privacy Act notice/”. The revision reads as follows: § 215.13a Determining eligibility for free milk in child-care institutions.
(f)*Statement requirements.* The free milk application provided to households must include a statement informing households of how information provided on the application will be used. Each application must include substantially the following statement: “The Richard B. Russell National School Lunch Act requires the information on this application. You do not have to give the information, but if you do not, we cannot approve your child for free milk. You must include the last four digits of the social security number of the adult household member who signs the application. The last four digits of the social security number are not required when you list a Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families
(TANF)Program or Food Distribution Program on Indian Reservations (FDPIR) case number for your child or other FDPIR identifier or when you indicate that the adult household member signing the application does not have a social security number. We will use your information to determine if your child is eligible for free milk, and for administration and enforcement of the Program.” When the State agency or child care institution, as appropriate, plans to use or disclose children's eligibility information for non-program purposes, additional information, as specified in paragraph
(i)of this section must be added to this statement. State agencies and child care institutions are responsible for drafting the appropriate statement. PART 220—SCHOOL BREAKFAST PROGRAM 13. The authority for part 220 continues to read as follows: Authority: 42 U.S.C. 1773, 1779, unless otherwise noted. 14. In § 220.7: a. Revise paragraph (a)(3). b. At the end of paragraph (e)(14)(ii)(D), remove the word “or”. c. At the end of paragraph (e)(14)(ii)(E), remove the period and add, in its place, the term “; or”. d. Add new paragraph (e)(14)(ii)(F). The revision and addition read as follows: § 220.7 Requirements for participation.
(a)* * *
(3)The school food authority must implement a food safety program meeting the requirements of §§ 210.13(c) and 210.15(b)(5) of this chapter at each facility or part of a facility where food is stored, prepared, or served.
(e)* * *
(14)* * *
(ii)* * *
(F)The child is a foster child as defined in § 245.2 of this chapter. 15. In § 220.13, revise paragraph (b)(3) to read as follows: § 220.13 Special responsibilities of State agencies.
(b)* * *
(3)For each of school years 2005-2006 through 2014-2015, each State agency shall monitor school food authority compliance with the food safety inspection requirement in § 220.7(a)(2) and submit an annual report to FNS documenting school compliance based on data supplied by the school food authorities. The report must be filed by November 15 following each of school years 2005-2006 through 2014-2015, beginning November 15, 2006. The State agency shall keep the records supplied by the school food authorities showing the number of food safety inspections obtained by schools for the current and three most recent school years. PART 225—SUMMER FOOD SERVICE PROGRAM 16. The authority citation for 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) 17. In § 225.2: a. In the definition of *Adult,* after the word “collection”, add the words “of the last four digits”. b. In the definition of *Documentation,* revise paragraph (a)(4). c. Revise the definitions of *Areas in which poor economic conditions exist, Private nonprofit,* and *Private nonprofit organization.* d. Add a new definition of *Foster child* in alphabetical order. The revisions and addition read as follows: § 225.2 Definitions. *Areas in which poor economic conditions exist* means:
(a)The attendance area of a school in which at least 50 percent of the enrolled children have been determined eligible for free or reduced-price school meals under the National School Lunch Program and the School Breakfast Program;
(b)A geographic area where, based on the most recent census data available or information provided from a department of welfare or zoning commission, at least 50 percent of the children residing in that area are eligible for free or reduced-price school meals under the National School Lunch Program and the School Breakfast Program;
(c)A geographic area where a site demonstrates, based on other approved sources, that at least 50 percent of the children enrolled at the site are eligible for free or reduced-price meals under the National School Lunch Program and the School Breakfast Program; or
(d)A closed enrolled site. *Documentation* means:
(a)* * *
(4)The last four digits of the social security number of the adult household member who signs the application, or an indication that the adult does not possess a social security number; or *Foster child* means a child who is formally placed by a court or a State child welfare agency, as defined in § 245.2 of this chapter. *Private nonprofit* means tax exempt under section 501(a) of the Internal Revenue Code of 1986, as amended. *Private nonprofit organization* means an organization (other than private nonprofit residential camps, school food authorities, or colleges or universities participating in the NYSP) that:
(a)Exercises full control and authority over the operation of the Program at all sites under the sponsorship of the organization;
(b)Provides ongoing year-round activities for children or families;
(c)Demonstrates that the organization has adequate management and the fiscal capacity to operate the Program;
(d)Is an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code; and
(e)Meets applicable State and local health, safety, and sanitation standards. 18. In § 225.6: a. Revise paragraph (b)(6). b. In paragraph (c)(2)(ii)(C), remove the term “225.15(h)” and add, in its place, the term “225.15(m)”. c. In paragraph (c)(3)(ii)(C), remove the term “225.15(g)” and add, in its place, the term “225.15(m)”. d. In paragraphs (c)(4)(i) and (c)(4)(ii), remove the words “paragraph (c)(3) of” both times they appear. e. In paragraph (c)(4)(ii)(F), remove the word “handicap” and add, in its place, the word “disability”. f. Revise the introductory text in paragraph (e). The revisions read as follows: § 225.6 State agency responsibilities.
(b)* * *
(6)The State agency must not approve any sponsor to operate more than 200 sites or to serve more than an average of 50,000 children per day. However, the State agency may approve exceptions if the applicant can demonstrate that it has the capability of managing a program larger than these limits.
(e)*State-Sponsor Agreement.* A sponsor approved for participation in the Program must enter into a permanent written agreement with the State agency. All sponsors must agree in writing to: § 225.13 [Amended] 19. In § 225.13, remove the term “§ 225.9(d)(5)” both times it appears in paragraph
(a)and add, in its place, the term “§ 225.9(d)(6)”. 20. In § 225.14, revise paragraph (d)(6) to read as follows: § 225.14 Requirements for sponsor participation.
(d)* * *
(6)If the sponsor is a private nonprofit organization, it must certify that it:
(i)Exercises full control and authority over the operation of the Program at all sites under the sponsorship of the organization;
(ii)Provides ongoing year-round activities for children or families;
(iii)Demonstrates that the organization has adequate management and the fiscal capacity to operate the Program;
(iv)Is an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code; and
(v)Meets applicable State and local health, safety, and sanitation standards. 21. In § 225.15: a. Remove the words “children who are members of households” in the last sentence of paragraph
(e)and add, in their place, the words “a foster child and children who are members of households”. b. In paragraph (f)(2)(iii), after the first word “The”, add the words “last four digits of the”. c. In paragraph (f)(4)(ii), before the word “child,” add the word “foster”. d. Remove paragraph (f)(4)(iii). e. Redesignate paragraphs (f)(4)(iv) through
(viii)as paragraphs (f)(4)(iii) through
(vii)respectively. f. Revise redesignated paragraph (f)(4)(iii). g. Revise paragraph (f)(5). h. In paragraphs (i)(1) and (i)(2), remove the term “Privacy Act notice/”. The revisions read as follows: § 225.15 Management responsibilities of sponsors.
(f)* * *
(4)* * *
(iii)A statement informing households of how information provided on the application will be used. Each application for free meals must include substantially the following statement:
(A)“The Richard B. Russell National School Lunch Act requires the information on this application. You do not have to give the information, but if you do not, we cannot approve your child for free or reduced-price meals. You must include the last four digits of the social security number of the adult household member who signs the application. The last four digits of the social security number are not required when you apply on behalf of a foster child or you list a Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families
(TANF)Program or Food Distribution Program on Indian Reservations (FDPIR) case number or other FDPIR identifier for your child or when you indicate that the adult household member signing the application does not have a social security number. We MAY share your eligibility information with education, health, and nutrition programs to help them evaluate, fund, or determine benefits for their programs, and with auditors for program reviews and law enforcement officials to help them look into violations of program rules.”
(B)When the State agency or sponsor, as appropriate, plans to use or disclose children's eligibility information for non-program purposes, additional information, as specified in paragraph
(i)of this section, must be added to the statement. State agencies and sponsors are responsible for drafting the appropriate notice.
(5)*Verifying information on Program applications.* Households selected to verify information on their Program applications must be notified in writing that:
(i)They will lose Program benefits or be terminated from participation if they do not cooperate with the verification process;
(ii)They will be given the name and phone number of an official who can assist in the verification process;
(iii)Verification may occur during program reviews, audits, and investigations;
(iv)Verification may include contacting employers, SNAP or welfare offices, or State employment offices to determine the accuracy of statements on the application about income, receipt of SNAP, FDPIR, TANF, or unemployment benefits; and
(v)They may lose benefits or face claims or legal action if incorrect information is reported on the application. § 225.18 [Amended] 22. In § 225.18, remove the term “$100,000” in paragraph
(g)and add, in its place, the term “$25,000”. PART 226—CHILD AND ADULT CARE FOOD PROGRAM 23. 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). 24. In § 226.2: a. In the definition of *Adult,* after the word “collection”, add the words “of the last four digits”. b. In the definition of *Documentation,* revise paragraph (a)(4). c. Revise the definition of *Eligible area.* d. Add a new definition of *Foster child* in alphabetical order. e. Revise the definition of *Free meal.* f. In the definition of *Tier I day care home,* remove the word “elementary” in paragraph (b). The revisions and addition read as follows: § 226.2 Definitions. *Documentation* means: (a)* * *
(4)The last four digits of the social security number of the adult household member who signs the application, or an indication that the adult does not possess a social security number; or *Eligible area* means:
(a)For the purpose of determining the eligibility of at-risk afterschool care centers, the attendance area of a school in which at least 50 percent of the enrolled children are certified eligible for free or reduced-price school meals; or
(b)For the purpose of determining the tiering status of day care homes, the attendance area of a school in which at least 50 percent of the enrolled children are certified eligible for free or reduced-price meals, or the area based on the most recent census data in which at least 50 percent of the children residing in the area are members of households that meet the income standards for free or reduced-price meals. *Foster child* means a child who is formally placed by a court or a State child welfare agency, as defined in § 245.2 of this chapter. *Free meal* means a meal served under the Program to:
(a)A participant from a family which meets the income standards for free school meals, or
(b)A foster child, or
(c)A child who is automatically eligible for free meals by virtue of SNAP, FDPIR, or TANF benefits, or
(d)A child who is a Head Start participant, or
(e)A child who is receiving temporary housing and meal services from an approved emergency shelter, or
(f)A child participating in an approved at-risk afterschool care program, or
(g)An adult participant who is automatically eligible for free meals by virtue of SNAP or FDPIR benefits, or
(h)An adult who is an SSI or Medicaid participant. § 226.4 [Amended] 25. In § 226.4, remove the word “eligibilty” each time it appears in paragraph
(b)and add, in its place, the word “eligibility”. 26. In § 226.6: a. Revise paragraph (b)(4)(i). b. Remove paragraphs (b)(4)(ii) and (b)(4)(iii). c. Redesignate paragraphs (b)(4)(iv) and (b)(4)(v) as paragraphs (b)(4)(ii) and (b)(4)(iii) respectively. d. In paragraph (c)(2)(iii)(A)( *5* ), remove the parenthetical phrase “(if the State agency has temporarily extended the agreement pursuant to paragraph (c)(2)(iii)(D) of this section)”. e. In paragraph (c)(2)(iii)(A)( *6* ), remove the word “instituion's” and add in its place the word “institution's”. f. In paragraph (c)(2)(iii)(C)( *1* ), remove the words “temporarily-extended”. g. Remove paragraph (c)(2)(iii)(D). h. Redesignate paragraph (c)(2)(iii)(E) as paragraph (c)(2)(iii)(D). i. In redesignated paragraph (c)(2)(iii)(D)( *1* ), remove the words “temporarily-extended”. j. In paragraph (d)(3)(iv)(C), remove the word “range” and add, in its place the word “ranges”. k. In paragraph (f)(1)(viii)(A), remove the word “elementary” each time it appears. l. In paragraph (f)(1)(ix)(A), remove the words “elementary, middle, and high” each time they appear. m. In paragraph (f)(3)(i), remove the word “elementary”. n. In paragraph (f)(3)(iv)(C), remove the term “§ 226.16(a)” and add, in its place, the term “§ 226.15(a)”. The revision reads as follows: § 226.6 State agency administrative responsibilities.
(b)* * *
(4)* * *
(i)The State agency must require each institution that has been approved for participation in the Program to enter into a permanent agreement governing the rights and responsibilities of each party. The existence of a valid permanent agreement, however, does not eliminate the need for an institution to comply with the reapplication and related provisions at paragraphs
(b)and
(f)of this section; nor does it limit the State agency's ability to terminate the agreement as provided under paragraph
(c)of this section. § 226.15 [Amended] 27. In § 226.15: a. In paragraph (e)(3), remove the word “elementary”. b. In paragraph (f), remove the word “elementary” each time it appears, and then, before the word “school's” in the fifth sentence, remove the word “an” and add, in its place, the word “a”. § 226.16 [Amended] 28. In § 226.16, remove the second sentence in paragraph (f). § 226.17 [Amended] 29. In § 226.17(b)(4), remove the second period at the end of the third sentence. § 226.17a [Amended] 30. In § 226.17a: a. In paragraph (f)(2), remove the words “an agreement or amend an existing” and add, in their place, the words “a permanent”, and then, remove the last sentence. b. In paragraph (i)(1), remove the words “an elementary, middle, or high school” and add, in their place, the words “a school”. 31. In § 226.23: a. Revise the second sentence of paragraph (c)(2). b. Revise the fifth sentence of paragraph (d). c. Revise the last sentence of paragraph (e)(1)(i). d. Revise paragraph (e)(1)(ii)(C). e. Remove paragraph (e)(1)(ii)(E). f. Redesignate paragraphs (e)(1)(ii)(F) and (e)(1)(ii)(G) as paragraphs (e)(1)(ii)(E) and (e)(1)(ii)(F) respectively. g. Revise redesignated paragraph (e)(1)(ii)(E). h. Revise paragraph (e)(1)(iii)(C). i. Revise paragraph (e)(1)(iii)(E). j. In the introductory text of paragraph (e)(1)(iv), remove the word “0members ” in the third sentence and add, in its place, the word ”members”. k. In paragraph (e)(1)(iv)(A), remove the words ” food stamp” and add, in their place, the term “SNAP”. l. Remove paragraph (e)(2)(vi). m. Redesignate paragraph (e)(2)(vii) as paragraph (e)(2)(vi). n. In redesignated paragraphs (e)(2)(vi)(A) and (B), remove the words “Food Stamp” each time they appear and add, in their place, the term “SNAP”. o. Remove the last two sentences of paragraph (h)(2)(iii). p. Remove paragraphs (h)(2)(iii)(A) through (h)(2)(iii)(E). q. In paragraph (h)(2)(v)(A), remove the words “Food Stamp” each time they appear and add, in their place, the term “SNAP”. r. In paragraphs (k)(1) and (k)(2), remove the term “Privacy Act notice/”. The revisions read as follows: § 226.23 Free and reduced-price meals.
(c)* * *
(2)* * * These methods will ensure that applications are accepted from households on behalf of a foster child and children who receive SNAP, FDPIR, or TANF assistance, or for adult participants who receive SNAP, FDPIR, SSI, or Medicaid assistance;
(d)* * * The release issued by child care institutions shall also announce that a foster child, or a child who is a member of a household receiving SNAP, FDPIR, or TANF assistance, or a Head Start participant is automatically eligible to receive free meal benefits. * * *
(e)* * *
(1)* * *
(i)* * * Furthermore, such forms and materials distributed by child care institutions shall state that a foster child is automatically eligible to receive free Program meal benefits, and a child who is a Head Start participant is automatically eligible to receive free Program meal benefits, subject to submission by Head Start officials of a Head Start statement of income eligibility or income eligibility documentation.
(ii)* * *
(C)The last four digits of the social security number of the adult household member who signs the application, or an indication that the adult does not possess a social security number.
(E)A statement which includes substantially the following information: ( *1* ) “The Richard B. Russell National School Lunch Act requires the information on this application. You do not have to give the information, but if you do not, we cannot approve the participant for free or reduced-price meals. You must include the last four digits of the Social Security Number of the adult household member who signs the application. The last four digits of the Social Security Number are not required when you apply on behalf of a foster child or you list a Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families
(TANF)Program or Food Distribution Program on Indian Reservations (FDPIR) case number for the participant or other (FDPIR) identifier or when you indicate that the adult household member signing the application does not have a Social Security Number. We will use your information to determine if the participant is eligible for free or reduced-price meals, and for administration and enforcement of the Program.” ( *2* ) When either the State agency or the child care institution plans to use or disclose children's eligibility information for non-program purposes, additional information, as specified in paragraph
(k)of this section, must be added to this statement; and
(iii)* * *
(C)The last four digits of the social security number of the adult household member who signs the application, or an indication that the adult does not possess a social security number.
(E)A statement which includes substantially the following information: “The Richard B. Russell National School Lunch Act requires the information on this meal benefit form. You do not have to give the information, but if you do not, we cannot approve the participant for free or reduced-price meals. You must include the last four digits of the social security number of all adult household members, including the adult day care participant. The last four digits of the social security number are not required when you list a Supplemental Nutrition Assistance Program (SNAP), Food Distribution Program on Indian Reservations (FDPIR) or other FDPIR identifier, SSI or Medicaid case number for the participant receiving meal benefits or when you indicate that the adult household member signing the application does not have a social security number. We will use your information to determine if the participant is eligible for free or reduced-price meals, and for administration and enforcement of the CACFP;” and PART 245—DETERMINING ELIGIBILITY FOR FREE AND REDUCED-PRICE MEALS AND FREE MILK IN SCHOOLS 31. The authority citation for part 245 continues to read as follows: Authority: 42 U.S.C. 1751-1760, 1779. 32. In § 245.2: a. In the definitions of *Categorically eligible* and *Direct certification,* add the words “ *Foster child,* a” before the word “ *Homeless”.* b. In the definition of *Documentation,* revise paragraphs (1)(i) and (2)(ii) and the first and third sentences of paragraph (2)(iv). c. Add a new definition of *Foster child* in alphabetical order. The addition and revisions read as follows: § 245.2 Definitions. *Documentation* means:
(1)* * *
(i)For households applying on the basis of income and household size, names of all household members; income received by each household member, identified by source of the income (such as earnings, wages, welfare, pensions, support payments, unemployment compensation, and social security and other cash income); the signature of an adult household member; and the last four digits of the social security number of the adult household member who signs the application or an indication that the adult does not possess a social security number; or
(2)* * *
(ii)A letter or other document provided to the household by the agency administering *FDPIR* or the *TANF* program, as defined in this section or by the court, entity, or official authorized to administer an eligible program for a *Foster child,* a *Homeless child,* a *Migrant child,* a *Head Start child,* or a *Runaway child* as defined in this section.
(iv)Information obtained from an official responsible for determining if a child is a *Foster child,* a *Homeless child,* a *Migrant child,* a *Head Start child,* or a *Runaway child,* as defined in the section. * * * Documentation may also be a list of children, a computer match, or a court document that includes this information. *Foster child* means a child who is formally placed by a court or an agency that administers a State plan under parts B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq.). It does not include a child in an informal arrangement that may exist outside of State or court based systems. 33. In § 245.5: a. Remove paragraph (a)(1)(viii). b. Redesignate paragraphs (a)(1)(ix) through (a)(1)(xii) as paragraphs (a)(1)(viii) through (a)(1)(xi) respectively. c. In redesignated paragraph (a)(1)(viii), remove “and” from the end of the sentence. d. In redesignated paragraph (a)(1)(ix), remove the period and add, in its place, a semicolon. e. Revise redesignated paragraph (a)(1)(ix). The revision reads as follows: § 245.5 Public announcement of the eligibility criteria.
(a)* * *
(1)* * *
(ix)An explanation that Head Start enrollees and foster, homeless, migrant, and runaway children, as defined in § 245.2, are categorically eligible for free meals and free milk and their families should contact the school for more information; 34. In § 245.6: a. Remove the last sentence in paragraph (a)(1). b. In paragraph (a)(6), in the second sentence, after the words “In addition,” add the words “the last four digits of”. c. Revise paragraph (a)(8). d. In paragraph (b)(2), remove the words “ *Migrant child, a homeless”* and add, in their place, the words “ *Foster child,* a *Homeless child,* a *Migrant”.* e. In paragraph (b)(4), remove the words “homeless, migrant,” and add, in their place the words “foster, homeless, migrant, or”. f. Revise paragraph (b)(5)(iii). g. In paragraph (b)(6)(ii), add a new sentence at the beginning of the paragraph. h. Revise paragraph (b)(8). i. In the heading of paragraph (c)(5)(ii), remove the words “Homeless, migrant,” and add in their place the words “Foster, homeless, migrant, and”. j. In paragraphs (h)(1) and (h)(2), remove the term “Privacy Act notice/”. The revisions and addition read as follows: § 245.6 Application, eligibility and certification of children for free and reduced-price meals and free milk.
(a)* * *
(8)*Required statements for the application.*
(i)The application and descriptive materials must include substantially the following statements:
(A)“The Richard B. Russell National School Lunch Act requires the information on this application. You do not have to give the information, but if you do not, we cannot approve your child for free or reduced-price meals. You must include the last four digits of the social security number of the adult household member who signs the application. The last four digits of the social security number are not required when you list a Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families
(TANF)Program or Food Distribution Program on Indian Reservations (FDPIR) case number or other FDPIR identifier for your child or when you indicate that the adult household member signing the application does not have a social security number. We will use your information to determine if your child is eligible for free or reduced-price meals, and for administration and enforcement of the lunch and breakfast programs. We MAY share your eligibility information with education, health, and nutrition programs to help them evaluate, fund, or determine benefits for their programs, auditors for program reviews, and law enforcement officials to help them look into violations of program rules.”
(B)“Foster, migrant, homeless, and runaway children, and children enrolled in a Head Start program are categorically eligible for free meals and free milk. If you are completing an application for these children, contact the school for more information.”
(ii)When either the State agency or the local educational agency plans to use or disclose children's eligibility information for non-program purposes, additional information, as specified in paragraph
(h)of this section, must be added to this statement. State agencies and local educational agencies are responsible for drafting the appropriate statement.
(b)* * *
(5)* * *
(iii)Individual notices from officials of eligible programs for a *Foster child,* a *Homeless child,* a *Migrant child,* a *Runaway child,* or a *Head Start child,* as defined in § 245.2, may continue to be used. These notices are provided to school officials who must certify these children as eligible for free meals or free milk, as applicable, without further application, upon receipt of such notice.
(6)* * *
(ii)For a *Foster child,* as defined in § 245.2, an official document indicating the status of the child as a foster child from an appropriate State or local agency or a court where the foster child received placement may provide appropriate documentation. * * *
(8)*Foster, Homeless, Migrant, Runaway, or Head Start Children.* To be categorically eligible as a Foster child, a Homeless child, a Migrant child, a Runaway child, or a Head Start child, the child's individual eligibility or participation for these programs shall be established. Categorical eligibility based on these programs shall not be extended to other children in the household. 35. In § 245.6a: a. Revise paragraph (a)(7)(iii). b. In paragraph (c)(2), revise the third sentence. c. Revise paragraph (f)(1). d. In paragraph (f)(3), remove the words “Food Stamp” and “Food Stamp Program” wherever they appear, and add, in their place, the term “SNAP”. The revisions read as follows: § 245.6a Verification requirements.
(a)* * *
(7)* * *
(iii)Agency records to which the State agency or local educational agency may have access are not considered collateral contacts. Information concerning income, household size, or SNAP, FDPIR, or TANF eligibility, maintained by other government agencies to which the State agency, the local educational agency, or school can legally gain access, may be used to confirm a household's income, size, or receipt of benefits. Information may also be obtained from individuals or agencies serving foster, homeless, migrant, or runaway children, as defined in § 245.2. Agency records may be used for verification conducted after the household has been notified of its selection for verification or for the direct verification procedures in paragraph
(g)of this section.
(c)* * *
(2)* * * Verification of eligibility is not required of households if all children in the household are determined eligible based on documentation provided by the State or local agency responsible for the administration of the SNAP, FDPIR or TANF or if all children in the household are determined to be foster, homeless, migrant, or runaway, as defined in § 245.2.* * * *(f) Verification procedures and assistance for households* —(1) *Notification of selection.* Other than households verified through the direct verification process in paragraph
(g)of this section, households selected for verification must be notified in writing that their applications were selected for verification. The written statement must include a telephone number for assistance as required in paragraph (f)(5) of this section. Any communications with households concerning verification must be in an understandable and uniform format and, to the maximum extent practicable, in a language that parents and guardians can understand. These households must be advised of the type of information or documents the school accepts. Households selected for verification must be informed that:
(i)They are required to submit the requested information to verify eligibility for free or reduced-price meals, by the date determined by the local educational agency.
(ii)They may, instead, submit proof that the children receive SNAP, FDPIR, or TANF assistance, as explained in paragraph (f)(3) of this section.
(iii)They may, instead, request that the local educational agency contact the appropriate officials to confirm that their children are foster, homeless, migrant, or runaway, as defined in § 245.2.
(iv)Failure to cooperate with verification efforts will result in the termination of benefits. Dated: February 4, 2013. Audrey Rowe, Administrator, Food and Nutrition Service. [FR Doc. 2013-04116 Filed 2-27-13; 8:45 am]
Connectionstraces to 18
41 references not yet in our index
  • Pub. L. 111-296
  • 7 CFR 210.9(b)
  • 7 CFR 225.2
  • 7 CFR 210.12(d)
  • 7 CFR 210.9(b)(21)
  • 7 CFR 245.6(a)(8)
  • 7 CFR 215.13
  • 7 CFR 210.13(c)
  • 7 CFR 210.20(a)(8)
  • 7 CFR 226.6(b)(4)(ii)
  • 7 CFR 225.6(e)
  • 7 CFR 210.14
  • 7 CFR 210.11
  • 7 CFR 210.11(b)
  • 7 CFR 210.10(c)(2)(iv)(A)
  • 7 CFR 210.2
  • 7 CFR 226.23(e)(1)(iv)(A)
  • 7 CFR 210.18(e)
  • 7 CFR 225.6(c)(4)
  • 7 CFR 225.6(c)(2)(ii)(C)
  • 7 CFR 225.13(a)
  • 7 CFR 225.6(c)(4)(ii)(F)
  • 7 CFR 225.18(g)
  • 7 CFR 226.6(f)(3)(iv)
  • 7 CFR 226.6(b)(3)
  • 7 CFR 226.17(b)(4)
  • 7 CFR 226.4(b)
  • 7 CFR 226.6(c)(2)(iii)(A)(6)
  • 7 CFR 226.6(d)(3)(iv)(C)
  • 7 CFR 226.23(e)(1)(iv)
  • 5 USC 601-612
  • Pub. L. 104-4
  • 7 CFR 3015
  • 5 CFR 1320
  • 7 CFR 210
  • 7 CFR 215
  • 7 CFR 220
  • 7 CFR 225
  • 7 CFR 226
  • 7 CFR 245
+ 1 more
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U.S.C.§ 1758
U.S.C.§ 1766
U.S.C.§ 1773
U.S.C.§ 621
U.S.C.§ 1772
U.S.C.§ 1761
U.S.C.§ 1
Pub. L.Pub. L. 111-296
Cite7 CFR 210.9(b)
Cite7 CFR 225.2
Cites 59 · showing 12Cited by 0 across 0 sources
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