Requirements for the Distribution and Control of Donated Foods and The Emergency Food Assistance Program: Implementation of the Agricultural Act of 2014, 39869-39870 [2016-14498]
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39869
Rules and Regulations
Federal Register
Vol. 81, No. 118
Monday, June 20, 2016
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
Corrections
Food and Nutrition Service
[FNS–2014–0040]
RIN 0584–AE29
Requirements for the Distribution and
Control of Donated Foods and The
Emergency Food Assistance Program:
Implementation of the Agricultural Act
of 2014
Food and Nutrition Service
(FNS), USDA.
ACTION: Final rule; correction.
AGENCY:
This document contains
corrections to the final rule published in
the Federal Register on April 19, 2016,
‘‘Requirements for the Distribution and
Control of Donated Foods—The
Emergency Food Assistance Program:
Implementation of the Agricultural Act
of 2014.’’
DATES: This document is effective June
20, 2016.
FOR FURTHER INFORMATION CONTACT:
Carolyn Smalkowski, Program Analyst,
Policy Branch, Food Distribution
Division, Food and Nutrition Service,
3101 Park Center Drive, Room 500,
Alexandria, Virginia 22302, or by
telephone (703) 305–2680.
SUPPLEMENTARY INFORMATION: The Food
and Nutrition Service published a final
rule in the Federal Register, 81 FR
23086, on April 19, 2016, to amend
Food Distribution regulations at 7 CFR
part 250 and 7 CFR part 251 to revise
and clarify requirements to ensure that
USDA donated foods are distributed,
stored, and managed in the safest, most
efficient, and cost-effective manner, at
State and recipient agency levels. The
final rule misstated the title of the rule
and misspelled the word ‘‘Territories’’
in the title of 7 CFR part 250 of the
regulatory text. This final rule
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
19:00 Jun 17, 2016
1. In the final rule title:
a. On page 23086, in the first column,
revise the final rule subject heading.
The revision reads as follows:
Requirements for the Distribution and
Control of Donated Foods and The
Emergency Food Assistance Program:
Implementation of the Agricultural Act
of 2014
■ 2. In 7 CFR part 250, on page 23100,
in the second column, revise the part
heading to read as follows:
■
■
7 CFR Parts 250 and 251
VerDate Sep<11>2014
correction resolves these errors by
providing the correct title and
regulatory text for 7 CFR part 250. This
final rule correction also makes a
technical correction in 7 CFR
250.30(c)(1)(vi) by removing parts (A)
and (B) and combining these sections to
ensure readers clearly understand the
requirements for processing contracts
set forth in this section. All other
information in the final rule remains
unchanged.
Jkt 238001
PART 250—DONATION OF FOODS
FOR USE IN THE UNITED STATES, ITS
TERRITORIES AND POSSESSIONS
AND AREAS UNDER ITS
JURISDICTION
3. In § 250.30:
a. On page 23110, in the second and
third columns, remove (c)(1)(vi)(A) and
(B).
■ b. On page 23110, in the second
column, add a new instruction d1 to
read as follows:
■ ‘‘d1. Redesignate paragraphs (c)(2)
through (c)(4) as (c)(3) through (c)(5).’’
■ c. On page 23110, in the second
column, add a new instruction d2 to
read as follows:
■ ‘‘d2. In paragraph (c)(1), remove the
words ‘‘(c)(3), (c)(4)(ii), and
(c)(4)(viii)(B)’’ and add in their place
‘‘(c)(4), (c)(5)(ii), and (c)(5)(viii)(B).’’ ’’
■ d. On page 23110, in the second
column, add a new instruction d3 to
read as follows:
■ ‘‘d3. In paragraph (c)(1), remove the
words ‘‘(c)(4)(xi)’’ and add in their place
‘‘(c)(5)(xi).’’ ’’
■ e. On page 23110, in the second
column, revise instructions 4e, 4f, and
4g to read as follows:
■ ‘‘e. Amend newly redesignated
paragraphs (c)(5)(iii) and (f)(1) by
removing the reference ‘‘§ 250.3’’ and
adding in its place the reference
‘‘§ 250.2’’.
■
■
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
f. Revise newly redesignated
paragraphs (c)(5)(viii)(G) and (c)(4)(xi).
■ g. Remove newly redesignated
paragraph (c)(5)(xiv) and redesignate
newly redesignated paragraphs
(c)(5)(xv) through (xviii) as paragraphs
(c)(5)(xiv) through (xvii).’’
■ f. On page 23110, in the third column,
add new paragraph (c)(2).
■ g. On page 23110, in the second
column, add a new instruction d4 to
read as follows:
■ ‘‘d4. In newly redesignated paragraph
(c)(5)(ii), remove the words ‘‘(c)(4)(iii)’’
and add in their place ‘‘(c)(5)(iii).’’
The addition reads as follows:
■
§ 250.30
foods.
State processing of donated
*
*
*
*
*
(c) * * *
(2) These criteria will be reviewed by
the appropriate FNS Regional Office
during the management evaluation
review of the distributing agency.
Distributing agencies and
subdistributing agencies which enter
into contracts on behalf of recipient
agencies but which do not limit the
types of end products which can be sold
or the number of processors which can
sell end products within the State are
not required to follow the selection
criteria. In addition to utilizing these
selection criteria, when a contracting
agency enters into a contract both for
the processing of donated food and the
purchase of the end products produced
from the donated food, the procurement
standards set forth in 2 CFR part 200,
subpart D and Appendix II, Contract
Provisions for Non-Federal Entity
Contracts Under Federal Awards and
USDA implementing regulations at 2
CFR part 400 and Part 416 must be
followed. Recipient agencies which
purchase end products produced under
Statewide agreements are also required
to comply with 2 CFR part 200, subpart
D and USDA implementing regulations
at 2 CFR part 400 and Part 416.
Contracting agencies shall not enter into
contracts with processors which cannot
demonstrate the ability to meet the
terms and conditions of the regulations
and the distributing agency agreements;
furnish prior to the delivery of any
donated foods for processing, a
performance bond, an irrevocable letter
of credit or an escrow account in an
amount sufficient to protect the contract
value of donated food on hand and on
order; demonstrate the ability to
E:\FR\FM\20JNR1.SGM
20JNR1
39870
Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations
distribute end products to eligible
recipient agencies; provide a satisfactory
record of integrity, business ethics and
performance and provide adequate
storage.
*
*
*
*
*
Dated: June 15, 2016.
Telora T. Dean,
Acting Administrator, Food and Nutrition
Service.
[FR Doc. 2016–14498 Filed 6–17–16; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2016–0458]
RIN 1625–AA08
Regattas and Marine Parades; Great
Lakes Annual Marine Events
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
various special local regulations for
annual regattas and marine parades in
the Captain of the Port Detroit zone from
June 25, 2016 through September 24,
2016. Enforcement of these regulations
is necessary and intended to ensure
safety of life on the navigable waters
immediately prior to, during, and
immediately after these regattas or
marine parades. During the
aforementioned period, the Coast Guard
will enforce restrictions upon, and
control movement of, vessels in a
specified area immediately prior to,
during, and immediately after regattas
or marine parades.
DATES: The regulations in 33 CFR
100.914, 100.915, 100.919, and 100.928
will be enforced at specified dates and
times between June 25, 2016 and
September 24, 2016.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this document,
call or email Petty Officer Todd Manow,
Prevention Department, U.S. Coast
Guard Sector Detroit, 110 Mount Elliot
Ave., Detroit MI 48207; telephone
(313)568–9580, email Todd.M.Manow@
uscg.mil.
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
The Coast
Guard will enforce the following special
local regulations listed in 33 CFR part
100, Safety of Life on Navigable Waters,
on the following dates and times, which
are listed in chronological order:
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
19:00 Jun 17, 2016
Jkt 238001
(1) § 100.919 International Bay City
River Roar, Bay City, MI.
This special local regulation will be
enforced from 9 a.m. to 6 p.m. on June
25 and 26, 2016. A regulated area is
established to include all waters of the
Saginaw River bounded on the north by
the Liberty Bridge, located at 43°36.3′
N., 083°53.4′ W., and bounded on the
south by the Veterans Memorial Bridge,
located at 43°35.8′ N., 083°53.6′ W. In
case of rain on any of the race days, this
special local regulation may be enforced
an additional day on June 27, 2016 from
9 a.m. until 6 p.m.
(2) § 100.914 Trenton Rotary Roar on
the River, Trenton, MI.
This special local regulation will be
enforced from 8 a.m. to 8 p.m. on July
15, 16, and 17, 2016. The regulated area
is established to include all waters of
the Detroit River, Trenton, Michigan,
bounded by an east/west line beginning
at a point of land at the northern end of
Elizabeth Park in Trenton, MI, located at
position 42°8.2′ N.; 083°10.6′ W.,
extending east to a point near the center
of the Trenton Channel located at
position 42°8.2′ N.; 083°10.4′ W.,
extending south along a north/south
line to a point at the Grosse Ile Parkway
Bridge located at position 42°7.7′ N.;
083°10.5′ W., extending west along a
line bordering the Grosse Ile Parkway
Bridge to a point on land located at
position 42°7.7′ N.; 083°10.7′ W., and
along the shoreline to the point of
origin. This area is in the Trenton
Channel between Trenton and Grosse
Isle, MI.
(3) § 100.915 St. Clair River Classic
Offshore Race, St. Clair, MI.
This special local regulation will be
enforced from 10 a.m. to 7 p.m. each
day from July 25, 2015 through July 31,
2015. A regulated area is established to
include all waters of the St. Clair River,
St. Clair, Michigan, bounded by latitude
42°52′00″ N. to the north; latitude
42°49′00″ N. to the south; the shoreline
of the St. Clair River on the west; and
the international boundary line on the
east.
(4) § 100.928 Frogtown Race Regatta,
Toledo, OH.
The special local regulation will be
enforced from 5 a.m. to 7 p.m. on
September 24, 2016. This special local
regulation will encompass all navigable
waters of the United States on the
Maumee River, Toledo, OH, from the
Norfolk and Southern Railway Bridge at
River Mile 1.80 to the Anthony Wayne
Bridge at River Mile 5.16.
Special Local Regulations
In accordance with § 100.901, entry
into, transiting, or anchoring within
these regulated areas is prohibited
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
unless authorized by the Coast Guard
patrol commander (PATCOM). The
PATCOM may restrict vessel operation
within the regulated area to vessels
having particular operating
characteristics.
Vessels permitted to enter this
regulated area must operate at a nowake speed and in a manner that will
not endanger race participants or any
other craft.
The PATCOM may direct the
anchoring, mooring, or movement of
any vessel within this regulated area. A
succession of sharp, short signals by
whistle or horn from vessels patrolling
the area under the direction of the
PATCOM shall serve as a signal to stop.
Vessels so signaled shall stop and shall
comply with the orders of the PATCOM.
Failure to do so may result in expulsion
from the area, a Notice of Violation for
failure to comply, or both.
If it is deemed necessary for the
protection of life and property, the
PATCOM may terminate at any time the
marine event or the operation of any
vessel within the regulated area.
In accordance with the general
regulations in § 100.35 of this part, the
Coast Guard will patrol the regatta area
under the direction of a designated
Coast Guard Patrol Commander
(PATCOM). The PATCOM may be
contacted on Channel 16 (156.8 MHz)
by the call sign ‘‘Coast Guard Patrol
Commander.’’
Under the provisions of 33 CFR
100.928, vessels transiting within the
regulated area shall travel at a no-wake
speed and remain vigilant for event
participants and safety craft.
Additionally, vessels shall yield rightof-way for event participants and event
safety craft and shall follow directions
given by the Coast Guard’s on-scene
representative or by event
representatives during the event.
The ‘‘on-scene representative’’ of the
Captain of the Port Detroit is any Coast
Guard commissioned, warrant, or petty
officer who has been designated by the
Captain of the Port Detroit to act on his
behalf. The on-scene representative of
the Captain of the Port Detroit will be
aboard either a Coast Guard or Coast
Guard Auxiliary vessel. The Captain of
the Port, Sector Detroit or his designated
on scene representative may be
contacted via VHF Channel 16.
The rules in this section shall not
apply to vessels participating in the
event or to government vessels
patrolling the regulated area in the
performance of their assigned duties.
This document is issued under
authority of 33 CFR 100.35 and 5 U.S.C.
552(a). If the Captain of the Port
determines that any of these special
E:\FR\FM\20JNR1.SGM
20JNR1
]]>Agencies
[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)]
[Rules and Regulations]
[Pages 39869-39870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14498]
========================================================================
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. 81, No. 118 / Monday, June 20, 2016 / Rules
and Regulations
[[Page 39869]]
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Parts 250 and 251
[FNS-2014-0040]
RIN 0584-AE29
Requirements for the Distribution and Control of Donated Foods
and The Emergency Food Assistance Program: Implementation of the
Agricultural Act of 2014
AGENCY: Food and Nutrition Service (FNS), USDA.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the final rule published
in the Federal Register on April 19, 2016, ``Requirements for the
Distribution and Control of Donated Foods--The Emergency Food
Assistance Program: Implementation of the Agricultural Act of 2014.''
DATES: This document is effective June 20, 2016.
FOR FURTHER INFORMATION CONTACT: Carolyn Smalkowski, Program Analyst,
Policy Branch, Food Distribution Division, Food and Nutrition Service,
3101 Park Center Drive, Room 500, Alexandria, Virginia 22302, or by
telephone (703) 305-2680.
SUPPLEMENTARY INFORMATION: The Food and Nutrition Service published a
final rule in the Federal Register, 81 FR 23086, on April 19, 2016, to
amend Food Distribution regulations at 7 CFR part 250 and 7 CFR part
251 to revise and clarify requirements to ensure that USDA donated
foods are distributed, stored, and managed in the safest, most
efficient, and cost-effective manner, at State and recipient agency
levels. The final rule misstated the title of the rule and misspelled
the word ``Territories'' in the title of 7 CFR part 250 of the
regulatory text. This final rule correction resolves these errors by
providing the correct title and regulatory text for 7 CFR part 250.
This final rule correction also makes a technical correction in 7 CFR
250.30(c)(1)(vi) by removing parts (A) and (B) and combining these
sections to ensure readers clearly understand the requirements for
processing contracts set forth in this section. All other information
in the final rule remains unchanged.
Corrections
0
1. In the final rule title:
0
a. On page 23086, in the first column, revise the final rule subject
heading.
The revision reads as follows:
Requirements for the Distribution and Control of Donated Foods and The
Emergency Food Assistance Program: Implementation of the Agricultural
Act of 2014
0
2. In 7 CFR part 250, on page 23100, in the second column, revise the
part heading to read as follows:
PART 250--DONATION OF FOODS FOR USE IN THE UNITED STATES, ITS
TERRITORIES AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION
0
3. In Sec. 250.30:
0
a. On page 23110, in the second and third columns, remove (c)(1)(vi)(A)
and (B).
0
b. On page 23110, in the second column, add a new instruction d1 to
read as follows:
0
``d1. Redesignate paragraphs (c)(2) through (c)(4) as (c)(3) through
(c)(5).''
0
c. On page 23110, in the second column, add a new instruction d2 to
read as follows:
0
``d2. In paragraph (c)(1), remove the words ``(c)(3), (c)(4)(ii), and
(c)(4)(viii)(B)'' and add in their place ``(c)(4), (c)(5)(ii), and
(c)(5)(viii)(B).'' ''
0
d. On page 23110, in the second column, add a new instruction d3 to
read as follows:
0
``d3. In paragraph (c)(1), remove the words ``(c)(4)(xi)'' and add in
their place ``(c)(5)(xi).'' ''
0
e. On page 23110, in the second column, revise instructions 4e, 4f, and
4g to read as follows:
0
``e. Amend newly redesignated paragraphs (c)(5)(iii) and (f)(1) by
removing the reference ``Sec. 250.3'' and adding in its place the
reference ``Sec. 250.2''.
0
f. Revise newly redesignated paragraphs (c)(5)(viii)(G) and (c)(4)(xi).
0
g. Remove newly redesignated paragraph (c)(5)(xiv) and redesignate
newly redesignated paragraphs (c)(5)(xv) through (xviii) as paragraphs
(c)(5)(xiv) through (xvii).''
0
f. On page 23110, in the third column, add new paragraph (c)(2).
0
g. On page 23110, in the second column, add a new instruction d4 to
read as follows:
0
``d4. In newly redesignated paragraph (c)(5)(ii), remove the words
``(c)(4)(iii)'' and add in their place ``(c)(5)(iii).''
The addition reads as follows:
Sec. 250.30 State processing of donated foods.
* * * * *
(c) * * *
(2) These criteria will be reviewed by the appropriate FNS Regional
Office during the management evaluation review of the distributing
agency. Distributing agencies and subdistributing agencies which enter
into contracts on behalf of recipient agencies but which do not limit
the types of end products which can be sold or the number of processors
which can sell end products within the State are not required to follow
the selection criteria. In addition to utilizing these selection
criteria, when a contracting agency enters into a contract both for the
processing of donated food and the purchase of the end products
produced from the donated food, the procurement standards set forth in
2 CFR part 200, subpart D and Appendix II, Contract Provisions for Non-
Federal Entity Contracts Under Federal Awards and USDA implementing
regulations at 2 CFR part 400 and Part 416 must be followed. Recipient
agencies which purchase end products produced under Statewide
agreements are also required to comply with 2 CFR part 200, subpart D
and USDA implementing regulations at 2 CFR part 400 and Part 416.
Contracting agencies shall not enter into contracts with processors
which cannot demonstrate the ability to meet the terms and conditions
of the regulations and the distributing agency agreements; furnish
prior to the delivery of any donated foods for processing, a
performance bond, an irrevocable letter of credit or an escrow account
in an amount sufficient to protect the contract value of donated food
on hand and on order; demonstrate the ability to
[[Page 39870]]
distribute end products to eligible recipient agencies; provide a
satisfactory record of integrity, business ethics and performance and
provide adequate storage.
* * * * *
Dated: June 15, 2016.
Telora T. Dean,
Acting Administrator, Food and Nutrition Service.
[FR Doc. 2016-14498 Filed 6-17-16; 8:45 am]
BILLING CODE 3410-30-P
