WIC Farmers' Market Nutrition Program (FMNP): Nondiscretionary Provisions of Public Law 108-265, the Child Nutrition and WIC Reauthorization Act of 2004, 46665 [E9-21468]

Download as PDF 46665 Rules and Regulations Federal Register Vol. 74, No. 175 Friday, September 11, 2009 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Part 248 [FNS–2007–0008] RIN 0584–AD74 WIC Farmers’ Market Nutrition Program (FMNP): Nondiscretionary Provisions of Public Law 108–265, the Child Nutrition and WIC Reauthorization Act of 2004 cprice-sewell on DSKGBLS3C1PROD with RULES AGENCY: Food and Nutrition Service, USDA. ACTION: Final rule. SUMMARY: This is an affirmation by the Department of an interim rule as a final rule, without change amending the WIC Farmers’ Market Nutrition Program (FMNP) regulations to codify three FMNP nondiscretionary provisions mandated in the Child Nutrition and WIC Reauthorization Act of 2004. The three nondiscretionary provisions include the option to authorize roadside stands, a reduction in the required amount of State matching funds, and an increase in the maximum Federal benefit level. These changes are intended to increase State agency flexibility in managing the Program. The first two provisions became effective on October 1, 2004, while the increased maximum Federal FMNP benefit level was effective as of June 30, 2004. DATES: Effective on October 13, 2009 the Department is adopting as a final rule the interim rule published at 73 FR 65246 on November 3, 2008. FOR FURTHER INFORMATION CONTACT: Debra R. Whitford, Director, Supplemental Food Programs Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, Room 528, Alexandria, VA 22302, (703) 305–2746, or Debbie.Whitford@fns.usda.gov. SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 14:33 Sep 10, 2009 Jkt 217001 Background The WIC Farmers’ Market Nutrition Program: Nondiscretionary Provisions of Public Law 108–265, the Child Nutrition and WIC Reauthorization Act of 2004, was published on November 3, 2008, as an interim rule in the Federal Register (73 FR 65246). The rule provided a 60 day comment period that ended on January 2, 2009. No comment letters were submitted during the comment period. This interim rule amended the FMNP regulations to codify the three FMNP nondiscretionary provisions exactly as set forth in the Child Nutrition and WIC Reauthorization Act of 2004. The three nondiscretionary provisions include the option to authorize roadside stands, a reduction in the required amount of State matching funds, and an increase in the maximum Federal benefit level. These changes are intended to increase State agency flexibility in managing the Program. Because the nondiscretionary provisions have been implemented as set forth in the law, they are retained as written in this final rule. For reasons given in the interim rule, the Department is adopting the interim rule as a final rule without change. 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 248 Food assistance programs, Food donations, Grant programs—Social programs, Indians, Infants and children, Maternal and child health, Nondiscrimination, Nutrition education, Public assistance programs, WIC, Women. PART 248—WIC FARMERS’ MARKET NUTRITION PROGRAM (FMNP) Accordingly, the Department is adopting as a final rule, without change, the interim rule that amended 7 CFR part 248 and was published at 73 FR 65246 on November 3, 2008. ■ PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 Dated: August 25, 2009. Julia Paradis, Administrator, Food and Nutrition Service. [FR Doc. E9–21468 Filed 9–10–09; 8:45 am] BILLING CODE 3410–30–P DEPARTMENT OF AGRICULTURE Farm Service Agency 7 CFR Part 760 RIN 0560–AH94 Livestock Forage Disaster Program and Emergency Assistance for Livestock, Honeybees, and FarmRaised Fish; Supplemental Agricultural Disaster Assistance Farm Service Agency, USDA. Final rule. AGENCY: ACTION: SUMMARY: This rule implements specific requirements for the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (ELAP) and the Livestock Forage Disaster Program (LFP) authorized by the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill). LFP provides payments to eligible livestock producers that have suffered livestock grazing losses due to qualifying drought or fire. For drought, the losses must have occurred on land that is native or improved pastureland with permanent vegetative cover or is planted to a crop planted specifically for grazing for covered livestock due to a qualifying drought during the normal grazing period for the county. For fire, LFP provides payments to eligible livestock producers that have suffered grazing losses on rangeland managed by a Federal agency if the eligible livestock producer is prohibited by the Federal agency from grazing the normal permitted livestock on the managed rangeland due to a qualifying fire. ELAP provides emergency assistance to eligible producers of livestock, honeybees, and farm-raised fish that have losses due to disease, adverse weather, or other conditions, including losses due to blizzards and wildfires, as determined by the Secretary. ELAP assistance is for losses not covered under other Supplemental Agricultural Disaster Assistance Payment programs established by the 2008 Farm Bill, specifically LFP, Livestock Indemnity Program (LIP), and Supplemental E:\FR\FM\11SER1.SGM 11SER1

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[Federal Register Volume 74, Number 175 (Friday, September 11, 2009)]
[Rules and Regulations]
[Page 46665]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21468]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / 
Rules and Regulations

[[Page 46665]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 248

[FNS-2007-0008]
RIN 0584-AD74


WIC Farmers' Market Nutrition Program (FMNP): Nondiscretionary 
Provisions of Public Law 108-265, the Child Nutrition and WIC 
Reauthorization Act of 2004

AGENCY: Food and Nutrition Service, USDA.

ACTION: Final rule.

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

SUMMARY: This is an affirmation by the Department of an interim rule as 
a final rule, without change amending the WIC Farmers' Market Nutrition 
Program (FMNP) regulations to codify three FMNP nondiscretionary 
provisions mandated in the Child Nutrition and WIC Reauthorization Act 
of 2004. The three nondiscretionary provisions include the option to 
authorize roadside stands, a reduction in the required amount of State 
matching funds, and an increase in the maximum Federal benefit level. 
These changes are intended to increase State agency flexibility in 
managing the Program. The first two provisions became effective on 
October 1, 2004, while the increased maximum Federal FMNP benefit level 
was effective as of June 30, 2004.

DATES: Effective on October 13, 2009 the Department is adopting as a 
final rule the interim rule published at 73 FR 65246 on November 3, 
2008.

FOR FURTHER INFORMATION CONTACT: Debra R. Whitford, Director, 
Supplemental Food Programs Division, Food and Nutrition Service, USDA, 
3101 Park Center Drive, Room 528, Alexandria, VA 22302, (703) 305-2746, 
or Debbie.Whitford@fns.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

    The WIC Farmers' Market Nutrition Program: Nondiscretionary 
Provisions of Public Law 108-265, the Child Nutrition and WIC 
Reauthorization Act of 2004, was published on November 3, 2008, as an 
interim rule in the Federal Register (73 FR 65246). The rule provided a 
60 day comment period that ended on January 2, 2009. No comment letters 
were submitted during the comment period. This interim rule amended the 
FMNP regulations to codify the three FMNP nondiscretionary provisions 
exactly as set forth in the Child Nutrition and WIC Reauthorization Act 
of 2004. The three nondiscretionary provisions include the option to 
authorize roadside stands, a reduction in the required amount of State 
matching funds, and an increase in the maximum Federal benefit level. 
These changes are intended to increase State agency flexibility in 
managing the Program.
    Because the nondiscretionary provisions have been implemented as 
set forth in the law, they are retained as written in this final rule.
    For reasons given in the interim rule, the Department is adopting 
the interim rule as a final rule without change.
    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 248

    Food assistance programs, Food donations, Grant programs--Social 
programs, Indians, Infants and children, Maternal and child health, 
Nondiscrimination, Nutrition education, Public assistance programs, 
WIC, Women.

PART 248--WIC FARMERS' MARKET NUTRITION PROGRAM (FMNP)

0
Accordingly, the Department is adopting as a final rule, without 
change, the interim rule that amended 7 CFR part 248 and was published 
at 73 FR 65246 on November 3, 2008.

    Dated: August 25, 2009.
Julia Paradis,
Administrator, Food and Nutrition Service.
[FR Doc. E9-21468 Filed 9-10-09; 8:45 am]
BILLING CODE 3410-30-P
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