Unknown. Final rule

11,920 words·~54 min read·/register/2016/09/28/2016-21760

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-2016-09-28.xml --- 81 188 Wednesday, September 28, 2016 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66620-66621 2016-23319 Agriculture Agriculture Department See Agricultural Marketing Service See Farm Service Agency See Food and Nutrition Service See Forest Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 66661-66662 2016-23340 Coast Guard Coast Guard RULES Safety Zones: Main Branch of the Chicago River, Chicago, IL, 66530-66532 2016-23318 Commerce Commerce Department See Economic Development Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee Implementation Committee for the Implementation of Textile Agreements NOTICES Limitations of Duty and Quota Free Imports: Apparel Articles Assembled in Beneficiary Sub-Saharan African Countries from Regional and Third-Country Fabric, 66640-66641 2016-23317 Commodity Futures Commodity Futures Trading Commission NOTICES Committee Renewals:

Global Markets Advisory Committee, 66641 2016-23351 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66641-66642 2016-23307 2016-23368 Economic Development Economic Development Administration NOTICES Meetings: National Advisory Council on Innovation and Entrepreneurship, 66622-66623 2016-23379 2016-23380 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Application for Borrower Defense to Loan Repayment Form, 66642-66643 2016-23400 FFEL/Direct Loan/Perkins Military Service Deferment/Post-Active Duty Student Deferment Request, 66644 2016-23342 Middle Grades Longitudinal Study of 2017-18 Operational Field Test and Recruitment for Main Study Base-Year, 66644-66645 2016-23341 National Teacher and Principal Survey of 2017-2018 Preliminary Field Activities, 66643-66644 2016-23343 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Coordination of Federal Authorizations for Electric Transmission Facilities, 66500-66513 2016-23285 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Georgia; Prong 4-2008 Ozone, 2010 NO2, SO2, and 2012 PM2.5, 66538 C1--2016--22887 Oklahoma; Revisions to Major New Source Review Permitting, 66532-66538 2016-23189 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Mississippi; Interstate Transport (Prongs 1 and 2) for the 2010 1-hour NO2 Standard, 66591-66596 2016-23300 Ohio; Redesignation of the Columbus, OH Area to Attainment of the 2008 Ozone Standard, 66578-66591 2016-23293 Reclassification of the Sheboygan, WI Area to Moderate Nonattainment for the 2008 Ozone NAAQS, 66617-66619 2016-23294 Redesignation of the Ohio Portion of the Cincinnati-Hamilton, Ohio-Kentucky-Indiana Area to Attainment of the 2008 Ozone Standard, 66602-66617 2016-23301 Tennessee;

Regional Haze Progress Report, 66596-66602 2016-23291 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Recordkeeping and Reporting Requirements for Allegations of Significant Adverse Reactions to Human Health or the Environment, 66657-66658 2016-23384 Recordkeeping for Institutional Dual Use Research of Concern (iDURC) Policy Compliance, 66658-66659 2016-23385 Registration Reviews: Sulfonylurea Herbicides; Reopening of Comment Period, 66656-66657 2016-23437 Farm Service Farm Service Agency RULES Methodology and Formulas for Allocation of Loan and Grant Program Funds;

Correction, 66500 2016-23228 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 66518-66523 2016-21150 Bombardier, Inc. Airplanes, 66516-66518 2016-22705 REIMS AVIATION S.A. Airplanes, 66524-66526 2016-22830 Saab AB, Saab Aeronautics (Formerly Known as Saab AB, Saab Aerosystems) Airplanes, 66513-66516 2016-23081 PROPOSED RULES Airworthiness Directives: The Boeing Company Airplanes, 66553-66555 2016-23082 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Flight Operational Quality Assurance Program, 66716-66717 2016-23419 Disposals of Aeronautical Properties: Everett-Stewart Regional Airport, Union City, TN (UCY), 66717-66718 2016-23425 Hazardous Materials: Emergency Restriction/Prohibition Order, 66713-66716 2016-23332 Non-Aeronautical Land-Use Changes: Oceano County Airport, Oceano, San Luis Obispo County, CA, 66717 2016-23417 Federal Communications Federal Communications Commission RULES Railroad Police Officers to Access Public Safety Interoperability and Mutual Aid Channels, 66538-66544 2016-23206 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 66659-66661 2016-23381 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Balancing Authority Control, Inadvertent Interchange, and Facility Interconnection Reliability Standards, 66555-66562 2016-23442 NOTICES Combined Filings, 66645-66649 2016-23444 2016-23445 2016-23446 Commission Requirements for Review: Transactions under Section 203 of the Federal Power Act and Market-Based Rate Applications under Section 205 of the Federal Power Act, 66649-66656 2016-23443 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES Federal Home Loan Bank Membership for Non-Federally-Insured Credit Unions, 66545-66553 2016-23289 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 66661 2016-23401 Federal Motor Federal Motor Carrier Safety Administration NOTICES Commercial Driver's License Standards:

Idaho Transportation Department; Application for Exemption, 66730 2016-23369 Hours of Service of Drivers; Exemption Applications: Transco, Inc., 66734-66736 2016-23364 Parts and Accessories Necessary for Safe Operation, Exemption Applications: International Institute of Towing and Recovery, 66728-66730 2016-23358 Qualification of Drivers; Exemption Applications: Diabetes Mellitus, 66733-66734 2016-23356 Vision, 66718-66728, 66731-66732 2016-23355 2016-23357 2016-23359 2016-23361 2016-23362 2016-23363 Food and Drug Food and Drug Administration RULES Guidance for Industry:

Use of the Term “Healthy” in the Labeling of Human Food Products, 66527-66529 2016-23367 PROPOSED RULES Use of the Term “Healthy” in the Labeling of Human Food Products, 66562-66565 2016-23365 NOTICES Determination of Regulatory Review Periods: IONSYS, 66662-66664 2016-23330 Food and Nutrition Food and Nutrition Service RULES Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 66487-66499 2016-21760 Forest Forest Service NOTICES Meetings:

Eastern Region Recreation Resource Advisory Committee, 66621-66622 2016-23422 Lake Tahoe Basin Federal Advisory Committee, 66622 2016-23431 Land Between The Lakes Advisory Board, 66621 2016-23376 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: The Division of Independent Review Grant Reviewer Recruitment Form, 66664-66665 2016-23306 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S. Customs and Border Protection Housing Housing and Urban Development Department PROPOSED RULES Project Approval for Single-Family Condominiums, 66565-66576 2016-23258 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Fair Housing: Assessment Tool for States and Insular Area, 66754-66782 2016-23449 Rental Assistance Demonstration Documents, 66672-66688 2016-23438 Interior Interior Department See Land Management Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Guidance under Section 851 Relating to Investments in Stock and Securities, 66576-66578 2016-23408 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66737-66740, 66743-66746, 66748-66750 2016-23402 2016-23405 2016-23407 2016-23409 2016-23412 2016-23413 2016-23415 2016-23418 2016-23420 2016-23421 2016-23424 2016-23428 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Disclosure Requirements With Respect to Prohibited Tax Shelter Transactions, 66741-66742 2016-23404 Effectively Connected Income and the Branch Profits Tax, 66747 2016-23396 Offshore Voluntary Disclosure Program, 66742-66743 2016-23403 Regulation Project, 66738-66741 2016-23393 2016-23398 Revenue Procedure, 66741, 66746-66747 2016-23394 2016-23395 Treatment of Acquisition of Certain Financial Institutions, 66750 2016-23399 Joint Joint Board for Enrollment of Actuaries NOTICES Charter Renewals:

Advisory Committee on Actuarial Examinations, 66688-66689 2016-23416 Justice Department Justice Department NOTICES Proposed Consent Decrees under CERCLA, 66689 2016-23386 Proposed Consent Decrees under CERCLA, the Clean Water Act, and the Oil Pollution Act, 66689-66690 2016-23378 Proposed Consent Decrees under the Oil Pollution Act, 66690-66691 2016-23309 Proposed Stipulations and Settlement Agreements under the Clean Air Act, 66689 2016-23328 Land Land Management Bureau NOTICES Meetings:

California Desert District Advisory Council, 66688 2016-23344 Millenium Millennium Challenge Corporation NOTICES Criteria and Methodology for Determining the Eligibility of Candidate Countries for Millennium Challenge Account Assistance in Fiscal Year 2017, 66691-66698 2016-22988 National Archives National Archives and Records Administration NOTICES Records Schedules, 66698-66699 2016-23354 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Inconsequential Noncompliance;

Approvals: Certain Nonconforming Motor Vehicles are Eligible for Importation, 66736-66737 2016-23320 National Institute National Institute of Standards and Technology NOTICES Meetings: Advisory Committee on Earthquake Hazards Reduction, 66624 2016-23337 Information Security and Privacy Advisory Board, 66624-66625 2016-23338 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 66668-66669 2016-23311 National Center for Advancing Translational Sciences, 66667-66668 2016-23312 National Institute of Biomedical Imaging and Bioengineering, 66665-66666 2016-23313 National Institute of Diabetes and Digestive and Kidney Diseases, 66665-66666 2016-23314 2016-23315 National Heart, Lung, and Blood Institute Chronic Obstructive Pulmonary Disease National Action Plan, 66666-66667 2016-23392 Senior Executive Service 2016 Performance Review Board, 66665 2016-23391 National Oceanic National Oceanic and Atmospheric Administration NOTICES Environmental Assessments;

Availability, etc.: Issuance of Incidental Take Authorizations in Cook Inlet, AK, 66639-66640 2016-23327 Permits: Marine Mammals; File No. 15330, 66627 2016-23339 Marine Mammals; File Nos. 19436 and 19592, 66627 2016-23316 Takes of Marine Mammals Incidental to Specified Activities: Pier Replacement Project, 66628-66639 2016-23389 Takes of Marine Mammals: Dolphin-safe Tuna Products, 66625-66627 2016-23333 National Science National Science Foundation NOTICES Meetings: Review Panel for Materials Research, 66699 2016-23377 Permits Issued under the Antarctic Conservation Act, 66699 2016-23352 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements;

Availability, etc.: Fermi 2 Nuclear Power Plant License Renewal Applications, 66700-66701 2016-23372 Meetings: Advisory Committee on Reactor Safeguards, 66699-66700 2016-23371 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: OPM.GOV Feedback Tab Survey, 66701-66702 2016-23353 We Need Information About Your Missing Payment—OPM Form RI 38-31, OMB No. 3206-0187, 66702 2016-23373 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

Gold Star Mother's and Family's Day (Proc. 9502), 66789-66790 2016-23634 National Hunting and Fishing Day (Proc. 9500), 66783-66786 2016-23631 National Public Lands Day (Proc. 9501), 66787-66788 2016-23632 Rural Business Rural Business-Cooperative Service RULES Methodology and Formulas for Allocation of Loan and Grant Program Funds; Correction, 66500 2016-23228 Rural Housing Service Rural Housing Service RULES Methodology and Formulas for Allocation of Loan and Grant Program Funds;

Correction, 66500 2016-23228 Rural Utilities Rural Utilities Service RULES Methodology and Formulas for Allocation of Loan and Grant Program Funds; Correction, 66500 2016-23228 Securities Securities and Exchange Commission RULES Political Contributions by Certain Investment Advisers: Ban on Third-Party Solicitation; Order with Respect to FINRA Rule 2030, 66526 2016-23225 Ban on Third-Party Solicitation; Order with Respect to MSRB Rule G-37, 66526-66527 2016-23224 NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: Chicago Board Options Exchange, Inc., 66706-66708 2016-23322 NASDAQ BX, Inc., 66708-66711 2016-23324 The Nasdaq Stock Market LLC, 66702-66705 2016-23323 Suspension of Trading Orders: A.A. Importing Co., Inc., ACM Corp., Alleghany Pharmacal Corp., et al., 66705-66706 2016-23561 Small Business Small Business Administration NOTICES Disaster Declarations: Kansas, 66711 2016-23375 Maryland, 66711 2016-23383 Pennsylvania, 66711-66712 2016-23382 State Department State Department NOTICES Certifications Pursuant to the Department of State, Foreign Operations, and Related Programs Appropriations Act, 66712 2016-23426 Culturally Significant Objects Imported for Exhibition:

Nuit d'ete (Summer Night), 66713 2016-23464 World War I and American Art, 66712 2016-23440 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration Security Transportation Security Administration NOTICES Legal Interpretation: Field of Transportation, 66671-66672 2016-23370 Treasury Treasury Department See Internal Revenue Service RULES Gulf Coast Restoration Trust Fund, 66529-66530 2016-23348 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 66750-66751 2016-23429 2016-23436 Applications: Multiemployer Pension Plan, 66751-66752 2016-23350 Customs U.S. Customs and Border Protection NOTICES Accreditation and Approval as a Commercial Gauger and Laboratory: Inspectorate America Corp., 66669-66670 2016-23466 SGS North America, Inc., 66670-66671 2016-23467 Viswa Lab, 66671 2016-23468 Separate Parts In This Issue Part II Housing and Urban Development Department, 66754-66782 2016-23449 Part III Presidential Documents, 66783-66790 2016-23634 2016-23631 2016-23632 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 81 188 Wednesday, September 28, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Parts 210, 215, 220, 225, 226, 227, 235, 240, 246, 247, 248, 249, 253, 272, 273, 274, 276, and 277 RIN 0584-AE42 Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards AGENCY:

Food and Nutrition Service (FNS), USDA. ACTION: Final rule. SUMMARY: This rule amends FNS regulations to implement the Department of Agriculture final guidance of USDA-specific requirements in the Federal Agency Regulations for Grants and Agreements. DATES: Effective September 28, 2016. FOR FURTHER INFORMATION CONTACT: Lael Lubing, Food and Nutrition Service, Financial Management, Grants Division, 3101 Park Center Drive, Room 732, Alexandria, VA or *lael.lubing@fns.usda.gov.* SUPPLEMENTARY INFORMATION:

This rule amends FNS regulations to implement the Department of Agriculture final guidance of USDA-specific requirements at 2 CFR part 400 on December 19, 2014 (79 FR 75871). Prior to that, on December 26, 2013, the Office of Management and Budget

(OMB)published “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” in 2 CFR part 200 (78 FR 78589). OMB's final guidance at 2 CFR part 200 followed a Notice of Proposed Guidance issued February 1, 2013, and an Advanced Notice of Proposed Guidance issued February 28, 2012. The OMB final guidance incorporated feedback received from the public in response to those earlier issuances. Additional supporting resources are available from the Council on Financial Assistance Reform at *www.cfo.gov/COFAR.* In accordance with the good cause exception under the APA, it is unnecessary to engage in the Notice and Comment provisions of 5 U.S.C. 553 because the provisions set forth in this rulemaking are a non-discretionary implementation of USDA requirements codified at 2 CFR part 400. The APA exempts from the prior notice and opportunity for comment requirements rules “relating to Agency management or personnel or to public property, loans, grants, benefits, or contracts” (5 U.S.C. 553 (a)(2)). Currently, references appear throughout the FNS regulations to the OMB guidance consolidated under the “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” and the USDA implementing regulations in Title 2, of the CFR. There are over 100 references throughout 19 Parts of the FNS regulations that must be revised to accurately reference the revised OMB and USDA regulations. FNS is therefore proposing nomenclature revisions to the following Parts of Title 7: 210, 215, 220, 225, 226, 227, 235, 240, 246, 247, 248, 249, 253, 272, 273, 274, 276, and 277. The revisions will remove the following references, and other associated outdated references, and replace them as appropriate: References: 7 CFR Part 3015 7 CFR Part 3016 7 CFR Part 3017 7 CFR Part 3018 7 CFR Part 3019 7 CFR Part 3021 7 CFR Part 3052 OMB Circular A-133 OMB Circular A-102 OMB Circular A-87 SF-269 As noted above, the final OMB guidance incorporated feedback received from the public. Procedural Matters Executive Order 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This final rule has been determined to be not significant and, therefore, was not reviewed by the Office of Management and Budget

(OMB)in conformance with Executive Order 12866. Regulatory Impact Analysis This rule has been designated as not significant by the Office of Management and Budget, therefore, no Regulatory Impact Analysis is required. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601-612) requires Agencies to analyze the impact of rulemaking on small entities and consider alternatives that would minimize any significant impacts on a substantial number of small entities. Pursuant to that review, it has been certified that this rule would not have a significant impact on a substantial number of small entities. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local and tribal governments and the private sector. Under section 202 of the UMRA, the Department generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures by State, local or tribal governments, in the aggregate, or the private sector, of $100 million or more in any one year. When such a statement is needed for a rule, Section 205 of the UMRA generally requires the Department 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 rule does not contain Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local and tribal governments or the private sector of $100 million or more in any one year. Thus, the rule is not subject to the requirements of sections 202 and 205 of the UMRA. Federalism Summary Impact Statement Executive Order 13132 requires Federal agencies to consider the impact of their regulatory actions on State and local governments. Where such actions have federalism implications, agencies are directed to provide a statement for inclusion in the preamble to the regulations describing the agency's considerations in terms of the three categories called for under Section (6)(b)(2)(B) of Executive Order 13121. The Department has considered the impact of this rule on State and local governments and has determined that this rule does not have federalism implications. Therefore, under section 6(b) of the Executive Order, a federalism summary is not required. Executive Order 12988, Civil Justice Reform This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is intended to have preemptive effect with respect to any State or local laws, regulations or policies which conflict with its provisions or which would otherwise impede its full and timely implementation. This rule is not intended to have retroactive effect unless so specified in the Effective Dates section of the final rule. 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 rule in accordance with USDA Regulation 4300-4, “Civil Rights Impact Analysis,” to identify any major civil rights impacts the rule might have on program participants on the basis of age, race, color, national origin, sex or disability. After a review of the rule's intent and provisions, FNS has determined that this rule is not expected to affect the participation of protected individuals in FNS program(s). 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. FNS has assessed the impact of this rule on Indian tribes and determined that this rule does not, to our knowledge, have tribal implications that require tribal consultation under E.O. 13175. If a Tribe requests consultation, FNS will work with the Office of Tribal Relations to ensure meaningful consultation is provided where changes, additions and modifications identified herein are not expressly mandated by Congress. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; 5 CFR 1320) requires the Office of Management and Budget

(OMB)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 the Office of Management and Budget under the Paperwork Reduction Act of 1994. E-Government Act Compliance The Department is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. List of Subjects 7 CFR Part 210 Grant programs—education, Grant programs—health. 7 CFR Part 215 Grant programs—education, Grant programs—health. 7 CFR Part 220 Grant programs—education, Grant programs—health. 7 CFR Part 225 Grant programs—health. 7 CFR Part 226 Grant programs, Grant programs—health. 7 CFR Part 227 Grant programs—education, Grant programs—health. 7 CFR Part 235 Grant programs—education, Grant programs—health. 7 CFR Part 240 Grant programs—education, Grant programs—health. 7 CFR Part 246 Grant programs—health, Grant programs—social programs. 7 CFR Part 247 Grant programs—health, Grant programs—social programs. 7 CFR Part 248 Grant programs—social programs. 7 CFR Part 249 Grant programs—social programs. 7 CFR Part 253 Grant programs—social programs. 7 CFR Part 272 Grant programs—social programs. 7 CFR Part 273 Grant programs—social programs. 7 CFR Part 274 Grant programs—social programs. 7 CFR Part 276 Grant programs—social programs. 7 CFR Part 277 Grant programs—social programs. Accordingly, 7 CFR parts 210, 215, 220, 225, 226, 227, 235, 240, 246, 247, 248, 249, 253, 272, 273, 274, 276, and 277 are amended as follows: PART 210—NATIONAL SCHOOL LUNCH PROGRAM 1. The authority citation for 7 CFR part 210 continues to read as follows: Authority: 42 U.S.C. 1751-1760, 1779. §§ 210.5, 210.9, 210.19, 210.20, 210.22, 210.24, 210.25 [Amended] 2. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column: Section Remove Add 210.5 7 CFR part 3016 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 210.9 7 CFR part 3015 and 7 CFR part 3016, or 7 CFR part 3019, as applicable 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 210.19 7 CFR part 3015 and 7 CFR part 3016, or 7 CFR part 3019 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 210.22 Office of Management and Budget Circular A-133 and the Department's implementing regulations at 7 CFR part 3052. For availability of the OMB Circular mentioned in this paragraph, please refer to 5 CFR 1310.3 2 CFR part 200, subpart F and Appendix XI (Compliance Supplement) and USDA implementing regulations 2 CFR part 400 and part 415. 210.22 7 CFR part 3015 2 CFR part 200, subpart F and Appendix XI, and USDA implementing regulations 2 CFR part 400 and part 415. 210.24 §§ 3016.43 and 3019.62 of this title 2 CFR 200.338 through 200.342. 210.25 7 CFR part 3016 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 3. In § 210.2: a. Remove the definitions for *7 CFR part 3015, 7 CFR part 3016,* *7 CFR part 3018; 7 CFR part 3019,* and *7 CFR part 3052;* b. Add a definition, in alphabetical order, for *2 CFR part 200.* c. Revise the definition for *Applicable credits.* d. Add a definition, in alphabetical order, for *USDA implementing regulations.* The additions and revision read as follows: § 210.2 Definitions. *2 CFR part 200,* means the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards published by OMB. The part reference covers applicable: Acronyms and Definitions (subpart A), General Provisions (subpart B), Post Federal Award Requirements (subpart D), Cost Principles (subpart E), and Audit Requirements (subpart F). (NOTE: Pre-Federal Award Requirements and Contents of Federal Awards (subpart C) does not apply to the National School Lunch Program). Applicable credits shall have the meaning established in 2 CFR part 200 and USDA implementing regulations 2 CFR part 400 and part 415. *USDA implementing regulations* include the following: 2 CFR part 400, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; 2 CFR part 415, General Program Administrative Regulations; 2 CFR part 416, General Program Administrative Regulations for Grants and Cooperative Agreements to State and Local Governments; and 2 CFR part 418, New Restrictions on Lobbying. 4. In § 210.3: a. Revise the last sentence of paragraph (b). b. Revise the last sentence of paragraph (d). The revisions read as follows: § 210.3 Administration.

(b)* * * Each State agency desiring to administer the Program shall enter into a written agreement with the Department for the administration of the Program in accordance with the applicable requirements of this part; parts 235 and 245 of this chapter; parts 15, 15a, and 15b of this title, and 2 CFR part 200; USDA implementing regulations 2 CFR part 400 and part 415; and FNS instructions.

(d)* * * State agencies shall ensure that school food authorities administer the Program in accordance with the applicable requirements of this part; part 245 of this chapter; parts 15, 15a, and 15b, and 3016 or 3019, as applicable, of this title and 2 CFR part 200; USDA implementing regulations 2 CFR part 400 and part 415 and FNS instructions. 5. Revise § 210.21(a) and (b), and the introductory text of paragraph (c), to read as follows: § 210.21 Procurement.

(a)*General.* State agencies and school food authorities shall comply with the requirements of this part and 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415, as applicable, which implement the applicable requirements, concerning the procurement of all goods and services with nonprofit school food service account funds.

(b)*Contractual responsibilities.* The standards contained in this part and 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415, as applicable, do not relieve the State agency or school food authority of any contractual responsibilities under its contracts. The State agency or school food authority is the responsible authority, without recourse to FNS, regarding the settlement and satisfaction of all contractual and administrative issues arising out of procurements entered into in connection with the Program. This includes, but is not limited to source evaluation, protests, disputes, claims, or other matters of a contractual nature. Matters concerning violation of law are to be referred to the local, State, or Federal authority that has proper jurisdiction.

(a)and (b), and the introductory text of paragraph (c), to read as follows: § 215.14a Procurement standards.

(a)*General.* State agencies and school food authorities shall comply with the requirements of this part and 2 CFR part 200 and USDA implementing regulations 2 CFR part 400 and part 415, as applicable concerning the procurement of all goods and services with nonprofit school food service account funds.

(b)*Contractual responsibilities.* The standards contained in this part and 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 200 subparts B and D and USDA implementing regulations 2 CFR part 400 and part 415, as applicable, do not relieve the State agency or School Food Authority of any contractual responsibilities under its contract. The State agency or School Food Authority is the responsible authority, without recourse to FNS, regarding the settlement and satisfaction of all contractual and administrative issues arising out of procurements entered into in connection with the Program. This includes but is not limited to: Source evaluation, protests, disputes, claims, or other matters of a contractual nature. Matters concerning violation of law are to be referred to the local, State or Federal authority that has proper jurisdiction.

(a)and (b), and the introductory text of paragraph (c), to read as follows: § 220.16 Procurement standards.

(a)*General.* State agencies and school food authorities shall comply with the requirements of this part 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415, as applicable, which implement the applicable Office of Management and Budget Circulars, concerning the procurement of all goods and services with nonprofit school food service account funds.

(b)*Contractual responsibilities.* The standards contained in 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415, as applicable, do not relieve the State agency or School Food Authority of any contractual responsibilities under its contract. The State agency or School Food Authority is the responsible authority, without recourse to FNS, regarding the settlement and satisfaction of all contractual and administrative issues arising out of procurements entered into in connection with the Program. This includes but is not limited to: Source evaluation, protests, disputes, claims, or other matters of a contractual nature. Matters concerning violation of law are to be referred to the local, State or Federal authority that has proper jurisdiction.

(c)*Procedures.* The State agency may elect to follow either the State laws, policies and procedures as authorized by 2 CFR 200.317, or the procurement standards for other governmental grantees and all governmental subgrantees in accordance with 2 CFR 200.318 through 2 CFR 200.326. Regardless of the option selected, States must ensure that all contracts include any clauses required by Federal statutes and executive orders and that the requirements of 2 CFR 200.326 are followed. The school food authority may use its own procurement procedures which reflect applicable State and local laws and regulations, provided that procurements made with nonprofit school food service account funds adhere to the standards set forth in this part 2 CFR 200.326 and Appendix II, Contract Provisions for Non-Federal Entity Contracts Under Federal Award as applicable. School food authority procedures must include a written code of standards of conduct meeting the minimum standards of 2 CFR 200.318, as applicable. § 220.19 [Amended] 17. In § 220.19, remove the words “, or the parallel provisions of 7 CFR part 3019, as applicable,”. PART 225—SUMMER FOOD SERVICE PROGRAM 18. The authority citation for 7 CFR part 225 continues to read as follows: Authority: Secs. 9, 13 and 14, Richard B. Russell National School Lunch Act, as amended (42 U.S.C. 1758, 1761 and 1762a). §§ 225.7, 225.8, 225.10, 225.17, 225.18 [Amended] 19. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column: Section Remove Add 225.7 7 CFR part 3015, and 7 CFR part 3016 or 7 CFR part 3019 2 CFR part 200, subpart D and E, and USDA implementing regulations 2 CFR part 400 and part 415. 225.8 SF-269 FNS-777. 225.10 the Department's Uniform Federal Assistance Regulations (7 CFR part 3015) 2 CFR part 200, subpart F and USDA implementing regulations 2 CFR part 400 and part 415. 225.10 7 CFR part 3015 2 CFR part 200, subpart F and USDA implementing regulations 2 CFR part 400 and part 415. 225.10 OMB Circular A-133 and the Department's implementing regulations at 7 CFR part 3052. (To obtain the OMB circular referenced in this paragraph, see 5 CFR 1310.3.) 2 CFR part 200, subpart F and Appendix XI, Compliance Supplement and USDA implementing regulations 2 CFR part 400 and part 415. 225.17 7 CFR part 3016 or 7 CFR part 3019 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 225.17 set forth in 7 CFR part 3016 set forth in 2 CFR part 200, subpart F and USDA implementing regulations 2 CFR part 400 and part 415. 225.17 set forth in 7 CFR part 3019 set forth in 2 CFR part 200, subpart F and USDA implementing regulations 2 CFR part 400 and part 415. 225.18 7 CFR part 3016 or 7 CFR part 3019 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 20. In § 225.2: a. Remove the definitions for *7 CFR part 3015, 7 CFR part 3016,* *7 CFR part 3019,* and *7 CFR part 3052.* b. Add a definition, in alphabetical order, for *2 CFR part 200.* c. Add a definition, in alphabetical order, for *USDA implementing regulations.* The additions read as follows: § 225.2 Definitions. *2 CFR part 200,* means the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards published by OMB. The part reference covers applicable: Acronyms and Definitions (subpart A), General Provisions (subpart B), Post Federal Award Requirements (subpart D), Cost Principles (subpart E), and Audit Requirements (subpart F). (NOTE: Pre-Federal Award Requirements and Contents of Federal Awards (subpart C) does not apply to the National School Lunch Program). *USDA implementing regulations* include the following: 2 CFR part 400, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; 2 CFR part 415, General Program Administrative Regulations; 2 CFR part 416, General Program Administrative Regulations for Grants and Cooperative Agreements to State and Local Governments; and 2 CFR part 418, New Restrictions on Lobbying. PART 226—CHILD AND ADULT CARE FOOD PROGRAM 21. The authority citation for 7 CFR part 226 continues to read as follows: Authority: Secs. 9, 11, 14, 16, and 17, Richard B. Russell National School Lunch Act, as amended (42 U.S.C. 1758, 1759a, 1762a, 1765 and 1766). §§ 226.4, 226.7, 226.10, 226.22, 226.24, 226.25 [Amended] 22. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column: Section Remove Add 226.4 7 CFR part 3016 2 CFR part 200, subpart D, and USDA implementing regulations 2 CFR part 400 and part 415, as applicable. 226.6 parts 3015, 3016, and 3019 of this title 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 226.7 7 CFR part 3015, 7 CFR part 3016 and 7 CFR part 3019 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 226.7 SF-269 FNS-777. 226.7 parts 3015, 3016, and 3019 of this title 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 226.10 7 CFR part 3016 or 7 CFR part 3019 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 226.22 7 CFR part 3016 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 226.22 7 CFR part 3019 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 226.22 § 3015.175 2 CFR part 200, subpart D and Appendix II, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards and USDA implementing regulations 2 CFR part 400 and part 415. 226.24 7 CFR part 3016 or 7 CFR part 3019 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 226.25 7 CFR part 3016 or 7 CFR part 3019 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 23. In § 226.2: a. Remove the definitions for *7 CFR part 3015, 7 CFR part 3016,* *7 CFR part 3019,* and *7 CFR part 3052;* and b. Add a definition, in alphabetical order, for *2 CFR part 200.* c. Add a definition, in alphabetical order, for *USDA implementing regulations.* The additions read as follows: § 226.2 Definitions. *2 CFR part 200,* means the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards published by OMB. The part reference covers applicable: Acronyms and Definitions (subpart A), General Provisions (subpart B), Post Federal Award Requirements (subpart D), Cost Principles (subpart E), and Audit Requirements (subpart F). (NOTE: Pre-Federal Award Requirements and Contents of Federal Awards (subpart C) does not apply to the National School Lunch Program). *USDA implementing regulations* include the following: 2 CFR part 400, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; 2 CFR part 415, General Program Administrative Regulations; 2 CFR part 416, General Program Administrative Regulations for Grants and Cooperative Agreements to State and Local Governments; and 2 CFR part 418, New Restrictions on Lobbying. 24. Revise § 226.8(a) and

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

(a)Unless otherwise exempt, audits at the State and institution levels must be conducted in accordance with 2 CFR part 200, subpart F, Appendices X and XI, Data Collection Form and Compliance Supplement, respectively and USDA implementing regulations 2 CFR parts 400, 415 and 416. State agencies must establish audit policy for for-profit institutions. However, the audit policy established by the State agency must not conflict with the authority of the State agency or the Department to perform, or cause to be performed, audits, reviews, agreed-upon procedures engagements, or other monitoring activities.

(b)The funds provided to the State agency under § 226.4(j) may be made available to institutions to fund a portion of organization-wide audits made in accordance with 2 CFR part 200, subpart F and USDA implementing regulations 2 CFR part 400 and part 415. The funds provided to an institution for an organization-wide audit must be determined in accordance with 2 CFR part 200, subpart F and USDA implementing regulations 2 CFR part 400 and part 415. PART 227—NUTRITION EDUCATION AND TRAINING PROGRAM §§ 227.30, 227.31, 227.35, 227.42 [Amended] 25. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column: Section Remove Add 227.30 7 CFR part 3015 2 CFR part 200, subpart D, and USDA implementing regulations 2 CFR part 400 and part 415, as applicable. 227.30 OMB Circular A-102 Attachment C 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 227.30 SF-269 FNS-777. 227.30 OMB Circular A-102, Attachment H 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 227.30 Federal Management Circular 74-4 and OMB Circular A-102, Attachment G 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 227.30 OMB Circular A-102, Attachments N and O, and Federal Management Circular 74-4 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 227.30 OMB Circular A-102, Attachment E 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 227.31 OMB Circular A-102, Attachment G 2 CFR part 200, subpart F and Appendix XI, Compliance Supplement. 227.35 SF-269 FNS-777. 227.42 OMB Circular A-102, Attachment L 2 CFR part 200, subpart D, and USDA implementing regulations 2 CFR part 400 and part 415. PART 235—STATE ADMINISTRATIVE EXPENSE FUNDS 26. The authority citation for 7 CFR part 235 continues to read as follows: Authority: Secs. 7 and 10 of the Child Nutrition Act of 1966, 80 Stat. 888, 889, as amended (42 U.S.C. 1776, 1779). §§ 235.3, 235.5, 235.6, 235.7, 235.8, 235.9, 235.11 [Amended] 27. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column: Section Remove Add 235.3 3015, and 3016 and 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 235.5 Office of Management and Budget Circular A-87, Attachment B, to establish cost categories 2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400 and part 415. 235.5

(SF)269 FNS 777. 235.6 Office of Management and Budget Circular A-87 2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400 and part 415. 235.7 SF-269 FNS-777. 235.8 Office of Management and Budget Circular A-133, and the Department's implementing regulations at 7 CFR part 3052. (To obtain the OMB circular referenced in this definition, see 5 CFR 1310.3.) 2 CFR part 200, subpart F and Appendix XI, Compliance Supplement and USDA implementing regulations 2 CFR part 400 and part 415. 235.9 7 CFR part 3016 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 235.11 SF-269 FNS-777. 235.11(a) 7 CFR part 3016 2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400 and part 415. 235.11(b)(5)(v) 7 CFR part 3016 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 235.11(d) 7 CFR part 3016 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 28. In § 235.2: a. Remove the definitions for 7 CFR part 3015, 7 CFR part 3016, 7 CFR part 3018, 7 CFR part 3019, and 7 CFR part 3052; and b. Add a definition, in alphabetical order, for *2 CFR part 200.* c. Add a definition, in alphabetical order, for *USDA implementing regulations.* The additions read as follows: § 235.2 Definitions. *2 CFR part 200,* means the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards published by OMB. The part reference covers applicable: Acronyms and Definitions (subpart A), General Provisions (subpart B), Post Federal Award Requirements (subpart D), Cost Principles (subpart E), and Audit Requirements (subpart F). (NOTE: Pre-Federal Award Requirements and Contents of Federal Awards (subpart C) does not apply to the National School Lunch Program). *USDA implementing regulations* include the following: 2 CFR part 400, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; 2 CFR part 415, General Program Administrative Regulations; 2 CFR part 416, General Program Administrative Regulations for Grants and Cooperative Agreements to State and Local Governments; and 2 CFR part 418, New Restrictions on Lobbying. PART 240—CASH IN LIEU OF DONATED FOODS § 240.9 [Amended] 29. In § 240.9(c), remove the words “the Department's Uniform Federal Assistance Regulations (7 CFR part 3015)” and add, in their place, the words “2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415”. PART 246—SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN 30. The authority citation for 7 CFR part 246 continues to read as follows: Authority: 42 U.S.C. 1786. §§ 246.3, 246.4, 246.12, 246.13, 246.14, 246.15, 246.17, 246.20, 246.24, 246.25 [Amended] 31. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column: Section Remove Add 246.3 7 CFR part 3016 2 CFR part 200, subpart A-F and USDA implementing regulations 2 CFR part 400 and part 415. 246.3 7 CFR part 3018 2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400, part 415, and part 418. 246.4 7 CFR part 3017 2 CFR part 180, OMB Guidelines to Agencies on Government-wide Debarment and Suspension and USDA implementing regulations 2 CFR part 417. 246.4 7 CFR part 3021 2 CFR part 180, Government-wide Requirements for Drug-Free Workplace (Financial Assistance) and USDA implementing regulation 2 CFR part 421. 246.12 *Part 3016* *2 CFR part 200, subpart D, and USDA implementing regulations 2 CFR part 400 and part 415.* 246.12 part 3016 of this title 2 CFR part 200, subpart D, and USDA implementing regulations 2 CFR part 400 and part 415. 246.13 7 CFR part 3016 2 CFR part 200, subpart D, USDA implementing regulations 2 CFR part 400 and part 415. 246.14 7 CFR part 3016 2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400 and part 415. 246.15 § 3016.25(g) of this title 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 246.17 7 CFR part 3016 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 246.20 part 3052 of this title 2 CFR part 200, subpart F and Appendix XI, Compliance Supplement and USDA implementing regulations 2 CFR part 400 and part 415. 246.24(b) 7 CFR part 3016 2 CFR part 200, subpart D and Appendix II, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards and USDA implementing regulations 2 CFR part 400 and part 415. 246.24(c) 7 CFR part 3016 2 CFR part 200, subpart D and Appendix II, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards and USDA implementing regulations 2 CFR part 400 and part 415. 246.24(d) 7 CFR part 3016 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 246.25 7 CFR part 3016 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 32. In § 246.2: a. Remove the definitions for *7 CFR part 3016, 7 CFR part 3017,* *7 CFR part 3018,* and *7 CFR part 3021;* and b. Add a definition, in alphabetical order, for *2 CFR part 200.* c. Add a definition, in alphabetical order, for *USDA implementing regulations.* The addition and revisions read as follows: § 246.2 Definitions. *2 CFR part 200,* means the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards published by OMB. The part reference covers applicable: Acronyms and Definitions (subpart A), General Provisions (subpart B), Post Federal Award Requirements (subpart D), Cost Principles (subpart E), and Audit Requirements (subpart F). (NOTE: Pre-Federal Award Requirements and Contents of Federal Awards (subpart C) does not apply to the National School Lunch Program). *USDA implementing regulations* include the following: 2 CFR part 400, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; 2 CFR part 415, General Program Administrative Regulations; 2 CFR part 416, General Program Administrative Regulations for Grants and Cooperative Agreements to State and Local Governments; and 2 CFR part 418, New Restrictions on Lobbying. 33. Revise § 246.3(f) to read as follows: § 246.3 Administration.

(f)*Delegation to local agency.* The local agency shall provide Program benefits to participants in the most effective and efficient manner, and shall comply with this part, the Department's regulations governing nondiscrimination (7 CFR parts 15, 15a, 15b), the regulations governing the administration of grants (2 CFR part 200, subpart A-F and USDA implementing regulations 2 CFR part 400 and part 415), Office of Management and Budget Circular A-130, and State agency and FNS guidelines and instructions. 34. Revise § 246.6(b)(1) to read as follows: § 246.6 Agreements with local agencies.

(b)* * *

(1)Complies with all the fiscal and operational requirements prescribed by the State agency pursuant to debarment and suspension requirements and if applicable, the lobbying restrictions of 2 CFR part 200, subpart E, and USDA implementing regulations 2 CFR part 400, part 415, and part 417, and FNS guidelines and instructions, and provides on a timely basis to the State agency all required information regarding fiscal and Program information; 35. Revise § 246.24(a) to read as follows: § 246.24 Procurement and property management.

(a)*Requirements.* State and local agencies shall ensure that subgrantees comply with the requirements for the nonprocurement debarment/suspension requirements and, if applicable, the lobbying restrictions as required in 2 CFR part 180, OMB Guidelines to Agencies on Government-wide Debarment and Suspension, 2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400, part 415, and part 417 concerning the procurement and allowability of food in bulk lots, supplies, equipment and other services with Program funds. These requirements are adopted to ensure that such materials and services are obtained for the Program in an effective manner and in compliance with the provisions of applicable law and executive orders. PART 247—COMMODITY SUPPLEMENTAL FOOD PROGRAM 36. The authority citation for 7 CFR part 247 continues to read as follows: Authority: Sec. 5, Pub. L. 93-86, 87 Stat. 249, as added by Sec. 1304(b)(2), Pub. L. 95-113, 91 Stat. 980 (7 U.S.C. 612c note); sec. 1335, Pub. L. 97-98, 95 Stat. 1293 (7 U.S.C. 612c note); sec. 209, Pub. L. 98-8, 97 Stat. 35 (7 U.S.C. 612c note); sec. 2(8), Pub. L. 98-92, 97 Stat. 611 (7 U.S.C. 612c note); sec. 1562, Pub. L. 99-198, 99 Stat. 1590 (7 U.S.C. 612c note); sec. 101(k), Pub. L. 100-202; sec. 1771(a), Pub. L. 101-624, 101 Stat. 3806 (7 U.S.C. 612c note); sec 402(a), Pub. L. 104-127, 110 Stat. 1028 (7 U.S.C. 612c note); sec. 4201, Pub. L. 107-171, 116 Stat. 134 (7 U.S.C. 7901 note); sec. 4221, Pub. L. 110-246, 122 Stat. 1886 (7 U.S.C. 612c note); sec. 4221, Pub. L. 113-79, 7 U.S.C. 612c note). 37. In § 247.1: a. Remove the definitions for *7 CFR part 3016, 7 CFR part 3019,* and *7 CFR part 3052;* b. Add a definition, in alphabetical order, for *2 CFR part 200;* and c. Add a definition, in alphabetical order, for *USDA implementing regulations.* The additions read as follows: § 247.1 Definitions. *2 CFR part 200,* means the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards published by OMB. The part reference covers applicable: Acronyms and Definitions (subpart A), General Provisions (subpart B), Post Federal Award Requirements (subpart D), Cost Principles (subpart E), and Audit Requirements (subpart F). (NOTE: Pre-Federal Award Requirements and Contents of Federal Awards (subpart C) does not apply to the National School Lunch Program). *USDA implementing regulations* include the following: 2 CFR part 400, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; 2 CFR part 415, General Program Administrative Regulations; 2 CFR part 416, General Program Administrative Regulations for Grants and Cooperative Agreements to State and Local Governments; and 2 CFR part 418, New Restrictions on Lobbying. 38. Revise § 247.25(a) introductory text to read as follows: § 247.25 Allowable uses of administrative funds and other funds.

(a)*What are allowable uses of administrative funds provided to State and local agencies?* Administrative funds may be used for costs that are necessary to ensure the efficient and effective administration of the program, in accordance with 2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400 and part 415, which set out the principles for determining whether specific costs are allowable. Some examples of allowable costs in CSFP include: PART 248—WIC FARMERS' MARKET NUTRITION PROGRAM

(FMNP)39. The authority citation for 7 CFR part 248 continues to read as follows: Authority: 42 U.S.C. 1786. §§ 248.10, 248.11, 248.12, 248.13, 248.14, 248.15, 248.18, 248.21, 248.23 [Amended] 40. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column: Section Remove Add 248.10 7 CFR part 3016, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2 CFR part 200, subpart D and Appendix II, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards and USDA implementing regulations 2 CFR part 400 and 415. 248.11 7 CFR part 3016 2 CFR part 200, subparts D and E and USDA implementing regulations 2 CFR part 400 and part 415. 248.12 7 CFR 3016.22 2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400 and part 415. 248.12 7 CFR part 3016 2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400 and part 415. 248.13 7 CFR 3016.25(g)(2) 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 248.14 7 CFR 3016.24 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 248.15 7 CFR part 3016 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 248.18 7 CFR part 3015, § 3016.26 or part 3051 2 CFR part 200, subpart F and Appendix XI Compliance Supplement and USDA implementing regulations 2 CFR part 400 and part 415. 248.21(a) 7 CFR part 3016 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 248.21(b) 7 CFR part 3016 2 CFR part 200, subpart D and Appendix II, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards and USDA implementing regulations 2 CFR part 400 and part 415. 248.21(c) 7 CFR part 3016 2 CFR part 200, subpart D and Appendix II, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards and USDA implementing regulations 2 CFR part 400 and part 415. 248.21(d) 7 CFR part 3016 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 248.23 7 CFR part 3016 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 41. Revise § 248.3(b) to read as follows: § 248.3 Administration.

(b)*Delegation to State agency.* The State agency is responsible for the effective and efficient administration of the FMNP in accordance with the requirements of this part; the requirements of the Department's regulations governing nondiscrimination (7 CFR parts 15, 15a and 15b), administration of grants (2 CFR part 200, subparts A, B, D, E and F and USDA implementing regulations 2 CFR part 400 and part 415), nonprocurement debarment/suspension (2 CFR part 180, OMB Guidelines to Agencies on Government-wide Debarment and Suspension and USDA implementing regulations 2 CFR part 417), drug-free workplace (2 CFR part 182, Government-wide Requirements for Drug-Free Workplace), and lobbying (2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400, part 415 and part 418); and, Office of Management and Budget Circular A-130, FNS guidelines, and Instructions issued under the FNS Directives Management System. The State agency shall provide guidance to cooperating WIC State and local agencies on all aspects of FMNP operations. Pursuant to section 17(m)(2) of the CNA, State agencies may operate the FMNP locally through nonprofit organizations or local government entities and must ensure coordination among the appropriate agencies and organizations. 42. Revise § 248.22 to read as follows: § 248.22 Nonprocurement debarment/suspension, drug-free workplace, and lobbying restrictions. The State agency shall ensure compliance with the requirements of the Department's regulations governing nonprocurement debarment/suspension (2 CFR part 180, OMB Guidelines to Agencies on Government-wide Debarment and Suspension and USDA implementing regulations 2 CFR part 417), drug-free workplace (2 CFR part 182, Government-wide Requirements for Drug-Free Workplace), and the Department's regulations governing restrictions on lobbying (2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400, part 415 and part 418), where applicable. PART 249—SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP) 43. The authority citation for 7 CFR part 249 continues to read as follows: Authority: 7 U.S.C. 3007. §§ 249.2, 249.3, 249.10, 249.11, 249.12, 249.13, 249.15, 249.18, 249.21, 249.23 [Amended] 44. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column: Section Remove Add 249.2 § 3016.3 of this chapter 2 CFR part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, subpart A, Acronyms and Definitions and USDA implementing regulations 2 CFR part 400 and part 415. 249. 3 part 3016 of this title 2 CFR part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and USDA implementing regulations 2 CFR part 400 and part 415. 249.3 part 3017 of this title 2 CFR part 180, OMB Guidelines to Agencies on Government-wide Debarment and Suspension and USDA implementing regulations 2 CFR part 417. 249.3 part 3021 of this title 2 CFR part 182, Government-wide Requirements for Drug-Free Workplace. 249.3 part 3018 of this title 2 CFR part 200, subpart E, Cost Principles; and USDA implementing regulations 2 CFR part 400, part 415, and part 418. 249.10 part 3016 of this title 2 CFR part 200 and USDA implementing regulations 2 CFR part 400 and part 415. 249.11 part 3016 of this title, a claim 2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400 and part 415, a claim. 249.12 part 3016.22 of this title 2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400 and part 415. 249.12 part 3016 of this title 2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400 and part 415. 249.12 part 3016 of this title or this Part 2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400 and part 415. 249.13 part 3016.25(g)(2) of this title 2 CFR part 200, subpart D, Post Federal Award Requirements and USDA implementing regulations 2 CFR part 400 and part 415. 249.15 part 3016 of this title 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 249.18 parts 3015, 3016 (§ 3016.26 of this title), or 3051 of this title 2 CFR part 200, subpart F, Audit Requirements and USDA implementing regulations 2 CFR part 400 and part 415. 249.21(a) part 3016 of this title 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 249.21(b) part 3016 of this title 2 CFR part 200, subpart D; Appendix II Contract Provisions for Non-Federal Entity Contracts Under Federal Awards; and USDA implementing regulations 2 CFR part 400 and part 415. 249.21(d) part 3016 of this title 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 249.23 part 3016 of this title 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 45. Revise § 249.22 to read as follows: § 249.22 Nonprocurement debarment/suspension, drug-free workplace, and lobbying restrictions. The State agency must ensure compliance with the requirements of FNS' regulations governing nonprocurement debarment/suspension (2 CFR part 180, OMB Guidelines to Agencies on Government-wide Debarment and Suspension and USDA implementing regulations 2 CFR part 417) and drug-free workplace (2 CFR part 182, Government-wide Requirements for Drug-Free Workplace), as well as FNS' regulations governing restrictions on lobbying (2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400, part 415, and part 418), where applicable. PART 253—ADMINISTRATION OF THE FOOD DISTRIBUTION PROGRAM FOR HOUSEHOLDS ON INDIAN RESERVATIONS §§ 253.5 and 253.11 [Amended] 46. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column: Section Remove Add 253.5 SF-269 SF-425. 253.11 7 CFR part 3015, Subpart V 2 CFR part 200, subpart D, and USDA implementing regulations 2 CFR part 400 and part 415. 253.11 OMB Circular No. A-102, Attachment K 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 253.11 SF-269 SF-425. PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES §§ 272.1 and 272.2 [Amended] 47. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column: Section Remove Add 272.1 OMB Circular A-87 (2 CFR Part 225) 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 272.2 OMB Circular A-87 (available on OMB's Web site at *http://www.whitehouse.gov/omb/circulars_default/* ) 2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400 and part 415. PART 273—CERTIFICATION OF ELIGIBLE HOUSEHOLDS 48. The authority citation for 7 CFR part 273 continues to read as follows: Authority: 7 U.S.C. 2011-2036. § 273.7 [Amended] 49. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column: Section Remove Add 273.7(d)(7) SF-269 SF-425 using FNS-778/FNS-778A worksheet. 50. Revise § 273.7(l)(4) to read as follows: § 273.7 Work provisions.

(l)* * *

(4)*Reporting.* State agencies operating work supplementation and support programs are required to comply with all FNS reporting requirements, including reporting the amount of benefits contributed to employers as a wage subsidy on the FNS-388, State Issuance and Participation Estimates; FNS-388A, Participation and Issuance by Project Area; FNS-46, Issuance Reconciliation Report; and SF-425, using FNS-778 worksheet, Addendum Financial Status Report. State agencies are also required to report administrative costs associated with work supplementation programs on the FNS-366A, Budget Projection and SF-425 using FNS-778/FNS-778A worksheet, Financial Status Report. Special codes for work supplementation programs will be assigned for reporting purposes. PART 274—ISSUANCE AND USE OF PROGRAM BENEFITS 51. The authority citation for 7 CFR part 274 continues to read as follows: Authority: 7 U.S.C. 2011-2036. § 274.1 [Amended] 52. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column: Section Remove Add 274.1 the Office of Management and Budget

(OMB)Circular A-133 Compliance Supplement 2 CFR part 200, subpart F and Appendix XI, Compliance Supplement, and USDA implementing regulations 2 CFR part 400 and part 415. 274.1 General Accountability Office Government Accountability Office. 274.1 OMB Circular A-133 2 CFR part 200, subpart F and Appendix XI, Compliance Supplement and USDA implementing regulations 2 CFR part 400 and part 415. 274.1 OMB Circular A-87 (available on OMB's Web site at *http://www.whitehouse.gov/omb/circulars_default/* ) in determining and claiming allowable costs for the EBT system 2 CFR part 200, subparts D and E and USDA implementing regulations 2 CFR part 400 and part 415, as applicable. § 274.1 [Amended] 53. Amend § 274.1(i)(2)(i), by removing the last sentence. PART 276—STATE AGENCY LIABILITIES AND FEDERAL SANCTIONS 54. The authority citation for 7 CFR part 276 continues to read as follows: Authority: 7 U.S.C. 2011-2036. § 276.4 [Amended] 55. In § 276.4(d), remove the words “OMB Circular A-87 (available on OMB's Web site at *http://www.whitehouse.gov/omb/circulars_default/* )” and add, in their place, the words “2 CFR part 200, subparts D and E and USDA implementing regulations 2 CFR part 400 and part 415”. PART 277—PAYMENTS OF CERTAIN ADMINISTRATIVE COSTS OF STATE AGENCIES §§ 277.5, 277.6, 277.9, 277.11, 277.13, 277.16, 277.17, 277.18 [Amended] 56. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column: Section Remove Add 277.5 OMB Circular A-102, Attachment J 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 277.6 OMB Circular A-87 (available on OMB's Web site at *http://www.whitehouse.gov/omb/circulars_default/* ) 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 277.9 OMB Circular A-87 (available on OMB's Web site at *http://www.whitehouse.gov/omb/circulars_default/* ) 2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400 and part 415. 277.11 7 CFR part 3015 2 CFR part 200, subpart F and Appendix XI, Compliance Supplement and USDA implementing regulations 2 CFR part 400 and part 415. 277.11 Form SF-269 SF-425, using FNS-778/FNS-778A worksheet. 277.11(d)(1) SF-269 report, SF-425 report, using FNS-778/FNS-778A worksheet. 277.11(d)(5) SF-269 SF-425, using FNS-778/FNS-778A worksheet. 277.13 OMB Circular A-87 (available on OMB's Web site at *http://www.whitehouse.gov/omb/circulars_default/* ) 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 277.16 OMB Circular A-87 (available on OMB's Web site at *http://www.whitehouse.gov/omb/circulars_default/* ) 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 277.17 OMB Circular A-102, Attachment P 2 CFR part 200, subpart F and Appendix XI, Compliance Supplement and USDA implementing regulations 2 CFR part 400 and part 415. 277.17 Attachment H of OMB Circular A-102 2 CFR part 200, subpart F and Appendix XI, Compliance Supplement and USDA implementing regulations 2 CFR part 400 and part 415. 277.17 OMB Circular A-102, Attachment O 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. 277.18 OMB Circular A-87 (available on OMB's Web site at *http://www.whitehouse.gov/omb/circulars_default/* ) 2 CFR part 200, subpart E and USDA implementing regulations 2 CFR part 400 and part 415. Dated: August 17, 2016. Audrey Rowe, Administrator, Food and Nutrition Service. [FR Doc. 2016-21760 Filed 9-27-16; 8:45 am]

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