School Breakfast Program: Severe Need Assistance, 28154 [E9-14021]

Download as PDF 28154 Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Rules and Regulations accordance with the Federal Acquisition Regulation for procurement contracts (48 CFR part 9, subpart 9.4) and agency regulations implementing the OMB guidance on nonprocurement debarment and suspension (2 CFR part 180, which implements Executive Orders 12549 and 12689). Suspension of a recipient is a distinct and separate action from suspension of an award or suspension of payments under an award. [FR Doc. E9–14019 Filed 6–12–09; 8:45 am] BILLING CODE P DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Part 220 [FNS–2005–0008] RIN 0584–AD50 School Breakfast Program: Severe Need Assistance pwalker on PROD1PC71 with RULES AGENCY: Food and Nutrition Service (FNS), USDA. ACTION: Affirmation of interim rule as final rule. SUMMARY: The Department is adopting as a final rule, without change, an interim rule that amended the regulations for the School Breakfast Program. The interim rule addresses and implements amendments made by Section 201 of the Child Nutrition and WIC Reauthorization Act of 2004 and amends the School Breakfast Program (SBP) regulations to eliminate the requirement that a school’s costs exceed the rate of reimbursement as a criterion for receiving the higher severe need funding available in the SBP. The rule also allows State agencies to provide severe need reimbursements to certain new schools that are beginning participation in the school feeding programs and therefore have no historical second preceding year participation information, as was previously required. The rule is intended to simplify eligibility for severe need reimbursements by removing previous restrictions on receipt of those payments. This rule does not impose new administrative requirements on State or local governmental entities. DATES: Effective on June 15, 2009, the Department is adopting as a final rule the interim rule published at 70 FR 66247 on November 2, 2005. FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rothstein, Child Nutrition VerDate Nov<24>2008 16:18 Jun 12, 2009 Jkt 217001 Division, Food and Nutrition Service at (703) 305–2590. SUPPLEMENTARY INFORMATION: Background BILLING CODE 3410–30–P On November 2, 2005, the Department published an interim rule on the School Breakfast Program. Section 501(b) of Public Law 108–265 states that FNS may promulgate interim regulations to implement amendments made by Section 201 of the Child Nutrition and WIC Reauthorization Act of 2004. FNS published an interim rule to expedite implementation of the rule’s provisions, while allowing public input. Comments were invited on the rule and the comment period ended on May 1, 2006. FNS received four public comments, all in support of the rule: two from State agencies, one from a school district, and one from a school. Commenters commended FNS for helping severe need schools participate in the SBP by: • Eliminating the paperwork burden associated with documenting costs, and • Allowing the Secretary to determine severe need funding for new schools that do not have historical participation information. Commenters did not recommend any changes to the provisions of the interim rule. Therefore, the Department is adopting the interim rule as a final rule without change. Although there are no changes to the rule, the most recent School Breakfast Program information collection package (OMB Information Collection Request 0584–0012), shows that the overall burden hours have increased due to school food authority and school participation. This action also affirms information contained in the interim rule concerning Executive Order 12866, the Regulatory Flexibility Act, Executive Order 12988, and the Paperwork Reduction Act. Further, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. List of Subjects in 7 CFR Part 220 Grant programs—education, Grant programs—health, Infants and children, Nutrition, Reporting and recordkeeping requirements, School breakfast and lunch programs. PART 220—SCHOOL BREAKFAST PROGRAM: SEVERE NEED ASSISTANCE Accordingly, the Department is adopting as a final rule, without change, the interim rule that amended 7 CFR Part 220 and was published at 70 FR 66247 on November 2, 2005. PO 00000 Frm 00006 Dated: June 3, 2009. Julia Paradis, Administrator, Food and Nutrition Service. [FR Doc. E9–14021 Filed 6–12–09; 8:45 am] Fmt 4700 Sfmt 4700 DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR Part 457 RIN 0563–AC23 Common Crop Insurance Regulations, Basic Provisions AGENCY: Federal Crop Insurance Corporation, USDA. ACTION: Interim rule. SUMMARY: The Federal Crop Insurance Corporation (FCIC) amends the Common Crop Insurance Regulations, Basic Provisions to revise enterprise unit provisions to protect the program from potential abuse as a result of the increased premium subsidies for enterprise and whole farm units provided by the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill). DATES: This rule is effective June 15, 2009. Written comments and opinions on this rule will be accepted until the close of business August 14, 2009 and will be considered when the rule is to be made final. ADDRESSES: Interested persons are invited to submit comments, titled ‘‘Enterprise Unit Interim Rule’’, by any of the following methods: • By Mail to: Director, Product Administration and Standards Division, Risk Management Agency, United States Department of Agriculture, Beacon Facility—Mail Stop 0812, Room 421, P.O. Box 419205, Kansas City, MO 64141–6205. • By Express Mail to: Director, Product Administration and Standards Division, Risk Management Agency, United States Department of Agriculture, Beacon Facility, Stop 0812, 9240 Troost Avenue, Kansas City, MO 64131–3055. • E-Mail: DirectorPDD@rma.usda.gov. • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. A copy of each response will be available for public inspection and copying from 7 a.m. to 4:30 p.m., CST, Monday through Friday, except holidays, at 6501 Beacon Drive, Stop 0812, Room 421, Kansas City, MO 64133–4676. FOR FURTHER INFORMATION CONTACT: Erin Albright, Risk Management Specialist, E:\FR\FM\15JNR1.SGM 15JNR1

Agencies

[Federal Register Volume 74, Number 113 (Monday, June 15, 2009)]
[Rules and Regulations]
[Page 28154]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14021]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 220

[FNS-2005-0008]
RIN 0584-AD50


School Breakfast Program: Severe Need Assistance

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Affirmation of interim rule as final rule.

-----------------------------------------------------------------------

SUMMARY: The Department is adopting as a final rule, without change, an 
interim rule that amended the regulations for the School Breakfast 
Program. The interim rule addresses and implements amendments made by 
Section 201 of the Child Nutrition and WIC Reauthorization Act of 2004 
and amends the School Breakfast Program (SBP) regulations to eliminate 
the requirement that a school's costs exceed the rate of reimbursement 
as a criterion for receiving the higher severe need funding available 
in the SBP. The rule also allows State agencies to provide severe need 
reimbursements to certain new schools that are beginning participation 
in the school feeding programs and therefore have no historical second 
preceding year participation information, as was previously required. 
The rule is intended to simplify eligibility for severe need 
reimbursements by removing previous restrictions on receipt of those 
payments. This rule does not impose new administrative requirements on 
State or local governmental entities.

DATES: Effective on June 15, 2009, the Department is adopting as a 
final rule the interim rule published at 70 FR 66247 on November 2, 
2005.

FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rothstein, Child Nutrition 
Division, Food and Nutrition Service at (703) 305-2590.

SUPPLEMENTARY INFORMATION: 

Background

    On November 2, 2005, the Department published an interim rule on 
the School Breakfast Program. Section 501(b) of Public Law 108-265 
states that FNS may promulgate interim regulations to implement 
amendments made by Section 201 of the Child Nutrition and WIC 
Reauthorization Act of 2004. FNS published an interim rule to expedite 
implementation of the rule's provisions, while allowing public input. 
Comments were invited on the rule and the comment period ended on May 
1, 2006. FNS received four public comments, all in support of the rule: 
two from State agencies, one from a school district, and one from a 
school. Commenters commended FNS for helping severe need schools 
participate in the SBP by:
     Eliminating the paperwork burden associated with 
documenting costs, and
     Allowing the Secretary to determine severe need funding 
for new schools that do not have historical participation information.
    Commenters did not recommend any changes to the provisions of the 
interim rule. Therefore, the Department is adopting the interim rule as 
a final rule without change. Although there are no changes to the rule, 
the most recent School Breakfast Program information collection package 
(OMB Information Collection Request 0584-0012), shows that the overall 
burden hours have increased due to school food authority and school 
participation. This action also affirms information contained in the 
interim rule concerning Executive Order 12866, the Regulatory 
Flexibility Act, Executive Order 12988, and the Paperwork Reduction 
Act. Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

List of Subjects in 7 CFR Part 220

    Grant programs--education, Grant programs--health, Infants and 
children, Nutrition, Reporting and recordkeeping requirements, School 
breakfast and lunch programs.

PART 220--SCHOOL BREAKFAST PROGRAM: SEVERE NEED ASSISTANCE

    Accordingly, the Department is adopting as a final rule, without 
change, the interim rule that amended 7 CFR Part 220 and was published 
at 70 FR 66247 on November 2, 2005.

    Dated: June 3, 2009.
Julia Paradis,
Administrator, Food and Nutrition Service.
[FR Doc. E9-14021 Filed 6-12-09; 8:45 am]
BILLING CODE 3410-30-P
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