Request for Information: The Serious Deficiency Process in the Child and Adult Care Food Program, 22431-22432 [2019-10308]

Download as PDF Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Notices National Agricultural Statistics Service Title: Hawaii Crop or Livestock Loss Survey. OMB Control Number: 0535–0264. Summary of Collection: The primary objectives of the National Agricultural Statistics Service (NASS) are to prepare and issue official State and national estimates of crop and livestock production, disposition and prices, economic statistics, and environmental statistics related to agriculture and to conduct the Census of Agriculture and its follow-on surveys. NASS will conduct a survey of agricultural operations in Hawaii. Each selected farmer or rancher will be asked to provide data on (1) the area (acres or square feet) affected by natural disasters or weather conditions in 2018, (2) the area (acres or square feet) affected by natural disasters or weather conditions in 2018 that was replanted, and (3) the number of head of livestock affected by natural disasters or weather conditions in 2018. General authority for these data collection activities is granted under U.S.C. Title 7, Section 2204. Need and Use of the Information: The year 2018 saw multiple disaster events in Hawaii. Disasters ranged from volcano eruption over the east side of the Big Island to several flooding rains across the Big Island, Maui, Oahu, and Kauai. The Hawaii Department of Agriculture (HDOA) has entered into a cooperative agreement with NASS to conduct a Crop or Livestock Loss Survey. The purpose of this survey is to ascertain the extent of damage from natural occurrences on an acreage/ livestock basis during crop year 2018. Description of Respondents: Farmers. Number of Respondents: 1,000. Frequency of Responses: Reporting: Once a year. Total Burden Hours: 213. Kimble Brown, Departmental Information Collection Clearance Officer. [FR Doc. 2019–10248 Filed 5–16–19; 8:45 am] BILLING CODE 3410–20–P DEPARTMENT OF AGRICULTURE Food and Nutrition Service jbell on DSK3GLQ082PROD with NOTICES Request for Information: The Serious Deficiency Process in the Child and Adult Care Food Program Food and Nutrition Service (FNS), USDA. ACTION: Notice. AGENCY: This is a request for information to gather detailed comments from stakeholders about the SUMMARY: VerDate Sep<11>2014 17:05 May 16, 2019 Jkt 247001 serious deficiency process in the Child and Adult Care Food Program (CACFP). The serious deficiency process provides a systematic way to correct serious management problems and, when that effort fails, protect the program through due process. DATES: Written comments must be received on or before August 15, 2019. ADDRESSES: USDA invites the submission of the requested information through one of the following methods: • Federal eRulemaking Portal (preferred method): Go to http:// www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Send written comments to Autumn McCain, Program Monitoring Branch, Program Monitoring and Operational Support Division, Child Nutrition Programs, USDA Food and Nutrition Service, 3101 Park Center Drive, Alexandria, Virginia 22302. All comments submitted in response to this request for information will be included in the record and will be made available to the public. Please be advised that the substance of the comments and the identity of the individuals or entities submitting the comments will be subject to public disclosure. USDA will make the comments publicly available via http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Autumn McCain, Program Monitoring Branch, Program Monitoring and Operational Support Division, Child Nutrition Programs, USDA Food and Nutrition Service, 703–605–3223. SUPPLEMENTARY INFORMATION: Integrity is essential to achieving the mission of all FNS nutrition assistance programs. FNS works in close collaboration with State and local partners to facilitate the promotion, practice, and improvement of integrity-focused efforts while ensuring the delivery of excellent customer service. To that end, State agencies are responsible for monitoring CACFP institutions—independent child and adult care centers and sponsoring organizations of family day care homes and centers—to ensure compliance with program requirements. Serious deficiencies, as provided for in Sec. 17 of the Richard B. Russell National School Lunch Act, as amended (42 U.S.C. 1766), and the serious deficiency process, as codified in 7 CFR part 226, offer a means to address severe and pervasive issues of program noncompliance, with a structured set of steps that provide all institutions and day care home providers the opportunity for corrective action and due process. The intent of the serious deficiency process is to correct non- PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 22431 compliance issues in a timely fashion. As such, the process incorporates critical deadlines for the completion of corrective actions, and milestones for monitoring progress towards meeting those deadlines. The serious deficiency process starts when the State agency or sponsoring organization identifies one or more serious non-compliance issues and concludes when all such issues are resolved, through either corrective action or termination and disqualification of the institution or day care home. The process includes required procedures that are designed to help the State agency and sponsoring organization document actions taken to correct serious deficiencies or to terminate and remove from CACFP those non-performing institutions or day care homes that are unwilling to, or incapable of, resolving their serious deficiencies. On March 29, 2016, FNS published a proposed rule, Child Nutrition Program Integrity, 81 FR 17563, available at https://www.federalregister.gov/ documents/2016/03/29/2016-06801/ child-nutrition-program-integrity, concerning several provisions of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111–296, affecting integrity in CACFP and in the National School Lunch Program, Special Milk Program for Children, School Breakfast Program, Summer Food Service Program (SFSP), and State Administrative Expense Funds. Among other things, the rule proposed serious deficiency and termination procedures in SFSP, serious deficiency and termination procedures for unaffiliated sponsored centers in CACFP, and procedures to prohibit the participation of entities or individuals terminated from any of the Child Nutrition Programs. Comments on the proposed rule suggested that prior to making the operations of any other Child Nutrition Program subject to the serious deficiency process, FNS should further investigate and attempt to address potential inconsistencies in the implementation of that process across States. Consequently, this notice requests information to help FNS understand firsthand the experiences stakeholders have had with the serious deficiency process in CACFP. We are asking for public comments to gather feedback about the successes, challenges, potential benefits, and negative impacts associated with the application of the serious deficiency process. Your responses to this request for information will assist FNS in its efforts to ensure consistent and effective application of the serious deficiency E:\FR\FM\17MYN1.SGM 17MYN1 jbell on DSK3GLQ082PROD with NOTICES 22432 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Notices process, in line with current statutory and regulatory requirements. FNS is committed to the rulemaking process and reciprocity between its programs. This request for information reflects the commitment of FNS to work with all of our stakeholders, including State administrators, sponsoring organizations, center operators, food service professionals, and other advocates, to ensure that program requirements are practicable and effectively disseminated. Please respond to any/all of the questions listed below. In your response, we request that you include the following information, to the extent applicable: your name, title, the name of your organization, and your role in the serious deficiency process. 1. Are determinations of serious deficiency and resulting corrective actions: a. Reasonable and commensurate with the severity of the non-compliance issues they are intended to address? b. Effective in achieving positive outcomes, including timely and permanent correction of noncompliance issues? 2. Is the serious deficiency process consistently implemented? Explain. a. Among States? b. Within your State? c. By sponsoring organizations within your State? 3. Describe your decision-making process as it relates to determinations of serious deficiency. a. How do you decide that a given non-compliance issue or combination of non-compliance issues rise to the level of a serious deficiency? b. What factors weigh most heavily? c. Who is involved in the decisionmaking process? 4. What could be done to bring further clarity and consistency to the administrative review (appeal) process? 5. What would improve your understanding of the serious deficiency process and your ability to apply the process effectively? a. Which definitions or operational provisions related to the serious deficiency process in 7 CFR 226 need additional clarification? b. What areas of training would be most beneficial? c. What types of technical assistance resources would be most useful? FNS appreciates your thoughtful and responsive replies to these questions. Your feedback is essential to helping FNS to ensure that our nutrition programs are administered as effectively and efficiently as possible. Together, we can strive to improve operations and outcomes to best serve our participants and all American taxpayers. VerDate Sep<11>2014 17:05 May 16, 2019 Jkt 247001 Dated: May 13, 2019. Brandon Lipps, Administrator, Food and Nutrition Service. between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday. SUPPLEMENTARY INFORMATION: [FR Doc. 2019–10308 Filed 5–16–19; 8:45 am] Purpose and Need for Action Bighorn sheep are designated by the USDA Forest Service Region 6 as a sensitive species. The sensitive species designation indicates there is concern for the long-term viability and/or conservation status of bighorn sheep on National Forest System (NFS) lands in the region (Forest Service Manual 2670.5). Forest Service Manual (FSM) sections 2670.32 and 2672.1 provide Agency direction to avoid or minimize impacts to designated sensitive species. Although native to the Cascade foothills, bighorn sheep currently occupy only a fraction of their historic range. Bighorn sheep were extirpated in the state of Washington by 1935. Subsequent reintroduction of bighorn sheep has resulted in multiple herds within the state, including several that occur within the OWNF and which overlap with current domestic sheep and goat grazing allotments. Scientific research supports a relationship between disease in bighorn sheep and contact with domestic sheep or goats when these species are in close proximity (Lawrence et al. 2010; Besser et al. 2014). Although there is limited knowledge of transmission dynamics (Garde et al. 2005), there is a long documented history across Canada and the United States of large-scale, rapid, all-age die-offs resulting in partial to complete removal of bighorn sheep herds, many of which are attributed to domestic animal contact (Shackleton 1999; Monello et al. 2001; Schommer and Woolever 2001; Rudolph et al. 2003). Report language in the 2016 Consolidated Appropriations Act provided the following direction: ‘‘Bighorn Sheep Conservation—In order to ensure the Nation does not lose its domestic sheep industry or Bighorn sheep conservation legacy, the Forest Service and the Bureau of Land Management (BLM) shall implement a variety of solutions, including the following directives: The agencies are directed to complete risk of contact analyses using appropriate data sources, such as from the Western Association of Fish and Wildlife Agencies, and to share the findings with the public; the Forest Service is expected to engage the Agricultural Research Service (ARS) to ensure the best scientific understanding of where disease transmission occurs and the degree of that risk and to assist the Forest Service with identifying all allotments that are suitable for sheep grazing; the Forest Service and Bureau BILLING CODE 3410–30–P DEPARTMENT OF AGRICULTURE Forest Service Okanogan-Wenatchee National Forest; Washington; Forest Plan Amendment for Planning and Management of Domestic Sheep and Goat Grazing Within the Range of Bighorn Sheep Forest Service, USDA. Notice of intent to prepare an Environmental Impact Statement. AGENCY: ACTION: The United States Department of Agriculture (USDA) Forest Service, Okanogan-Wenatchee National Forest (OWNF), proposes to amend the Land and Resource Management Plans (Forest Plans) for the OWNF to provide forest plan direction for managing domestic sheep and goat grazing within the range of bighorn sheep (Ovis canadensis) to better provide for forest-wide bighorn sheep viability in the context of range management. This notice advises the public that the OWNF is gathering information necessary to prepare an Environmental Impact Statement (EIS) to evaluate the effects of changing or adding plan components. DATES: Comments concerning the scope of the analysis must be received by July 1, 2019. The Draft EIS is expected in January 2020 and the Final EIS is expected July 2020. ADDRESSES: Send written comments to: Okanogan-Wenatchee National Forest, Domestic Sheep Grazing EIS, 215 Melody Lane, Wenatchee, Washington 98801. Comments may also be sent via facsimile to 509–664–9280 or submitted in person during regular business hours between 8:00 a.m. and 4:30 p.m., Pacific Time, Monday through Friday, at the address listed above. Comments may also be submitted online at: https:// www.fs.usda.gov/project/ ?project=53257. SUMMARY: FOR FURTHER INFORMATION CONTACT: Darren Goodding, Forest Environmental Coordinator, Okanogan-Wenatchee National Forest via email at darrenbgoodding@fs.fed.us or via phone at (509) 664–9232, between 8:00 a.m. and 4:00 p.m., Pacific Time, Monday through Friday. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\17MYN1.SGM 17MYN1

Agencies

[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Notices]
[Pages 22431-22432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10308]


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

DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Request for Information: The Serious Deficiency Process in the 
Child and Adult Care Food Program

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

ACTION: Notice.

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

SUMMARY: This is a request for information to gather detailed comments 
from stakeholders about the serious deficiency process in the Child and 
Adult Care Food Program (CACFP). The serious deficiency process 
provides a systematic way to correct serious management problems and, 
when that effort fails, protect the program through due process.

DATES: Written comments must be received on or before August 15, 2019.

ADDRESSES: USDA invites the submission of the requested information 
through one of the following methods:
     Federal eRulemaking Portal (preferred method): Go to 
http://www.regulations.gov. Follow the online instructions for 
submitting comments.
     Mail: Send written comments to Autumn McCain, Program 
Monitoring Branch, Program Monitoring and Operational Support Division, 
Child Nutrition Programs, USDA Food and Nutrition Service, 3101 Park 
Center Drive, Alexandria, Virginia 22302.
    All comments submitted in response to this request for information 
will be included in the record and will be made available to the 
public. Please be advised that the substance of the comments and the 
identity of the individuals or entities submitting the comments will be 
subject to public disclosure. USDA will make the comments publicly 
available via http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Autumn McCain, Program Monitoring 
Branch, Program Monitoring and Operational Support Division, Child 
Nutrition Programs, USDA Food and Nutrition Service, 703-605-3223.

SUPPLEMENTARY INFORMATION: Integrity is essential to achieving the 
mission of all FNS nutrition assistance programs. FNS works in close 
collaboration with State and local partners to facilitate the 
promotion, practice, and improvement of integrity-focused efforts while 
ensuring the delivery of excellent customer service. To that end, State 
agencies are responsible for monitoring CACFP institutions--independent 
child and adult care centers and sponsoring organizations of family day 
care homes and centers--to ensure compliance with program requirements.
    Serious deficiencies, as provided for in Sec. 17 of the Richard B. 
Russell National School Lunch Act, as amended (42 U.S.C. 1766), and the 
serious deficiency process, as codified in 7 CFR part 226, offer a 
means to address severe and pervasive issues of program non-compliance, 
with a structured set of steps that provide all institutions and day 
care home providers the opportunity for corrective action and due 
process. The intent of the serious deficiency process is to correct 
non-compliance issues in a timely fashion. As such, the process 
incorporates critical deadlines for the completion of corrective 
actions, and milestones for monitoring progress towards meeting those 
deadlines.
    The serious deficiency process starts when the State agency or 
sponsoring organization identifies one or more serious non-compliance 
issues and concludes when all such issues are resolved, through either 
corrective action or termination and disqualification of the 
institution or day care home. The process includes required procedures 
that are designed to help the State agency and sponsoring organization 
document actions taken to correct serious deficiencies or to terminate 
and remove from CACFP those non-performing institutions or day care 
homes that are unwilling to, or incapable of, resolving their serious 
deficiencies.
    On March 29, 2016, FNS published a proposed rule, Child Nutrition 
Program Integrity, 81 FR 17563, available at https://www.federalregister.gov/documents/2016/03/29/2016-06801/child-nutrition-program-integrity, concerning several provisions of the 
Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296, affecting 
integrity in CACFP and in the National School Lunch Program, Special 
Milk Program for Children, School Breakfast Program, Summer Food 
Service Program (SFSP), and State Administrative Expense Funds. Among 
other things, the rule proposed serious deficiency and termination 
procedures in SFSP, serious deficiency and termination procedures for 
unaffiliated sponsored centers in CACFP, and procedures to prohibit the 
participation of entities or individuals terminated from any of the 
Child Nutrition Programs.
    Comments on the proposed rule suggested that prior to making the 
operations of any other Child Nutrition Program subject to the serious 
deficiency process, FNS should further investigate and attempt to 
address potential inconsistencies in the implementation of that process 
across States. Consequently, this notice requests information to help 
FNS understand firsthand the experiences stakeholders have had with the 
serious deficiency process in CACFP. We are asking for public comments 
to gather feedback about the successes, challenges, potential benefits, 
and negative impacts associated with the application of the serious 
deficiency process. Your responses to this request for information will 
assist FNS in its efforts to ensure consistent and effective 
application of the serious deficiency

[[Page 22432]]

process, in line with current statutory and regulatory requirements. 
FNS is committed to the rulemaking process and reciprocity between its 
programs.
    This request for information reflects the commitment of FNS to work 
with all of our stakeholders, including State administrators, 
sponsoring organizations, center operators, food service professionals, 
and other advocates, to ensure that program requirements are 
practicable and effectively disseminated.
    Please respond to any/all of the questions listed below. In your 
response, we request that you include the following information, to the 
extent applicable: your name, title, the name of your organization, and 
your role in the serious deficiency process.
    1. Are determinations of serious deficiency and resulting 
corrective actions:
    a. Reasonable and commensurate with the severity of the non-
compliance issues they are intended to address?
    b. Effective in achieving positive outcomes, including timely and 
permanent correction of non-compliance issues?
    2. Is the serious deficiency process consistently implemented? 
Explain.
    a. Among States?
    b. Within your State?
    c. By sponsoring organizations within your State?
    3. Describe your decision-making process as it relates to 
determinations of serious deficiency.
    a. How do you decide that a given non-compliance issue or 
combination of non-compliance issues rise to the level of a serious 
deficiency?
    b. What factors weigh most heavily?
    c. Who is involved in the decision-making process?
    4. What could be done to bring further clarity and consistency to 
the administrative review (appeal) process?
    5. What would improve your understanding of the serious deficiency 
process and your ability to apply the process effectively?
    a. Which definitions or operational provisions related to the 
serious deficiency process in 7 CFR 226 need additional clarification?
    b. What areas of training would be most beneficial?
    c. What types of technical assistance resources would be most 
useful?
    FNS appreciates your thoughtful and responsive replies to these 
questions. Your feedback is essential to helping FNS to ensure that our 
nutrition programs are administered as effectively and efficiently as 
possible. Together, we can strive to improve operations and outcomes to 
best serve our participants and all American taxpayers.

    Dated: May 13, 2019.
Brandon Lipps,
Administrator, Food and Nutrition Service.
[FR Doc. 2019-10308 Filed 5-16-19; 8:45 am]
BILLING CODE 3410-30-P