Food and Nutrition Service 2012 – Federal Register Recent Federal Regulation Documents
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Agency Information Collection Activities: Proposed Collection; Comment Request-Federal Claims Collection Methods for Supplemental Nutrition Assistance Program Recipient Claims
In accordance with the Paperwork Reduction Act of 1995, this Notice invites the general public and other public agencies to comment on proposed information collections. This Notice of Proposed Information Collection announces the intent of the Food and Nutrition Service to revise and extend the information collection requirements associated with initiating and conducting Federal collection actions against households with delinquent Supplemental Nutrition Assistance Program (SNAP) recipient debts.
Agency Information Collection Activities: Existing Collection; Comment Request-Forms FNS-806-A, Claim for Reimbursement (National School Lunch and School Breakfast Programs), and FNS-806-B, Claim for Reimbursement (Special Milk Program for Children)
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this existing information collection. This collection is a renewal of a currently approved collection for reporting school programs data on a monthly basis for the National School Lunch Program, the School Breakfast Program, and the Special Milk Program.
Agency Information Collection Activities: Proposed Collection; Comment Request-Generic Clearance To Conduct Formative Research
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other interested parties to comment on a proposed information collection. This collection is an extension, without change, of a currently approved collection. This information collection will conduct research in support of FNS' goal of delivering science-based nutrition education to targeted audiences. From development through testing of materials and tools with the target audience, FNS plans to conduct data collections that involve formative research including focus groups, interviews (dyad, triad, telephone, etc.), surveys and Web-based collection tools.
Agency Information Collection Activities: Proposed Collection; Comment Request-Summer Food Service Program
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the Agency's proposed information collection for the Summer Food Service Program. This collection is a revision of a currently approved information collection.
Agency Information Collection Activities: Proposed Collection; Comment Request; Supplemental Form for Collecting Taxpayer Identifying Numbers
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the Agency's proposed information collection of taxpayer identifying numbers from all persons and organizations with which the Agency has a direct payment relationship. This collection is an extension of a currently approved information collection.
Independent Review of Applications Required by the Healthy, Hunger-Free Kids Act of 2010
In accordance with Section 304 of the Healthy, Hunger-Free Kids Act of 2012, this proposed rule would require local education agencies participating in the Department's National School Lunch Program and demonstrating high levels of, or a high risk for administrative error associated with certification, verification, and other administrative processes to conduct an independent review of the initial eligibility determinations for free and reduced price school meals for accuracy prior to notifying households of eligibility or ineligibility. Additionally, this proposed rule would require each affected local educational agency to submit to the relevant State agency the results of the reviews including the number of applications subject to a second review, the number and percentage of reviewed applications for which the eligibility determinations changed, and a summary of the type of changes made. State agencies would be required to submit to the Food and Nutrition Service, a report describing the results of the second reviews in their State. This proposed rule is expected to reduce administrative errors in eligibility determinations for free and reduced price school meals.
Request for Information: Research on the Causes, Characteristics, and Consequences of Childhood Hunger and Food Insecurity
Section 141 of the Healthy, Hunger-Free Kids Act of 2010 provides $10 million to the U.S. Department of Agriculture for research on the causes, characteristics and consequences of childhood hunger and food insecurity. This notice announces a request for public comments to assist the Food and Nutrition Service in determining how best to focus these funds on areas and methods with the greatest research potential to maximize the return on this investment.
Food Distribution Program on Indian Reservations: Administrative Funding Allocations
This rulemaking establishes the requirements regarding the allocation of administrative funds for the Food Distribution Program on Indian Reservations and the Food Distribution Program for Indian Households in Oklahoma, both of which are referred to as ``FDPIR'' in this rulemaking. The rulemaking amends FDPIR regulations to ensure that administrative funding is allocated in a fair and equitable manner. The final rule also revises FDPIR regulations to clarify current program requirements relative to the distribution of administrative funds to Indian Tribal Organizations (ITOs) and State agencies.
Agency Information Collection Activities: Proposed Collection; Comment Request-WIC Program Regulations-Reporting and Recordkeeping Burden
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a revision to a currently approved information collection in the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Regulations (7 CFR part 246) for the reporting and recordkeeping burdens associated with the WIC Program regulations.
Supplemental Nutrition Assistance Program: Disqualified Recipient Reporting and Computer Matching Requirements
This final rule codifies the provisions of a proposed rule published on December 8, 2006, regarding prisoner verification and death matching procedures mandated by legislation and previously implemented through agency directive. This rule also requires State agencies to use electronic disqualified recipient data to screen all program applicants prior to certification to assure they are not currently disqualified from program participation. Finally, this final rule implements procedures concerning State agencies', participation in a computer matching program using a system of records required by the Computer Matching and Privacy Protection Act of 1988, as amended.
Agency Information Collection Activities: Proposed Collection; Comment Request-Uniform Grant Application Package for Discretionary Grant Programs
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a revision of a currently approved collection. The purpose of the Uniform Grant Application Package for Discretionary Grant Programs is to provide a standardized format for the development of all Requests for Applications for discretionary grant programs released by the Food and Nutrition Service (FNS) Agency and to allow for a more expeditious OMB clearance process.
National School Lunch, Special Milk, and School Breakfast Programs, National Average Payments/Maximum Reimbursement Rates
This Notice announces the annual adjustments to the ``national average payments,'' the amount of money the Federal Government provides States for lunches, afterschool snacks and breakfasts served to children participating in the National School Lunch and School Breakfast Programs; to the ``maximum reimbursement rates,'' the maximum per lunch rate from Federal funds that a State can provide a school food authority for lunches served to children participating in the National School Lunch Program; and to the rate of reimbursement for a half-pint of milk served to non-needy children in a school or institution which participates in the Special Milk Program for Children. The payments and rates are prescribed on an annual basis each July. The annual payments and rates adjustments for the National School Lunch and School Breakfast Programs reflect changes in the Food Away From Home series of the Consumer Price Index for All Urban Consumers. The annual rate adjustment for the Special Milk Program reflects changes in the Producer Price Index for Fluid Milk Products.
Food Distribution Program: Value of Donated Foods From July 1, 2012 Through June 30, 2013
This notice announces the national average value of donated foods or, where applicable, cash in lieu of donated foods, to be provided in school year 2013 (July 1, 2012 through June 30, 2013) for each lunch served by schools participating in the National School Lunch Program (NSLP), and for each lunch and supper served by institutions participating in the Child and Adult Care Food Program (CACFP).
Agency Information Collection Activities: Proposed Collection; Comment Request-National Hunger Clearinghouse Database Form
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a revision of a currently approved collection for the National Hunger Clearinghouse.
Agency Information Collection Activities; Proposed Collection; Comment Request: Determining Eligibility for Free and Reduced Price Meals and Free Milk
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on a proposed information collection. This collection is a revision of a currently approved collection for determining eligibility for free and reduced price meals and free milk in schools as stated in 7 CFR Part 245. These federal requirements affect eligibility under the National School Lunch Program, School Breakfast Program, and the Special Milk Program and are also applicable to the Child and Adult Care Food Program and the Summer Food Service Program when individual eligibility must be established. The current approval for the information collection burden associated with 7 CFR Part 245 expires on March 31, 2013. The revisions being requested are from rulemaking and are also from revisions made to a form associated with this information collection.
Supplemental Nutrition Assistance Program: Trafficking Controls and Fraud Investigations
The Food and Nutrition Service (FNS) is proposing to amend Supplemental Nutrition Assistance Program (SNAP or Program) regulations at 7 CFR 274.6 to allow State agencies to deny a request for a replacement card until contact is made with the State agency, if the requests for replacement cards are determined to be excessive. State agencies that elect to exercise this authority will be required to protect vulnerable persons, such as individuals with disabilities, homeless individuals, or the elderly, who may repeatedly lose EBT cards but are not committing fraud. FNS proposes to also change the Electronic Benefit Transfer (EBT) card replacement timeframes in the same section to require State agencies to make replacement cards available for pick up or to place the card in the mail within one business day following notice by the household to the State agency that the card has been lost or stolen. This proposed rule would further amend regulations at 7 CFR 271.2 to clarify the definition of trafficking to include the intent to sell SNAP benefits in cases where an individual makes the offer to sell their benefits and/or EBT card online or in person so the State may pursue an intentional Program violation (IPV) against the individual who made the offer.
Agency Information Collection Activities: Proposed Collection; Comment Request-Study of the Food Distribution Program on Indian Reservations (FDPIR)
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections. This is a new information collection in which Food and Nutrition Service seeks an updated description of Food Distribution Program on Indian Reservations (FDPIR) participants and programs, and a better understanding of why FDPIR participation has been declining. This study will provide national estimates of participating households as well as estimates for large subgroups, such as households with elderly participants. For a sample of Indian Tribal Organizations (ITOs) or State-administered FDPIR programs, participating households will be selected for data collection. Data collection will consist of case record reviews (abstracting standard eligibility information for all household members) and, for each selected household, interviews with the person who applied for FDPIR assistance (noted as the Head of Household on some forms) or his/her proxy. Site visits will be conducted to a subset of the ITOs or State-administered programs to obtain qualitative information on program operations and experiences of FDPIR participants and eligible nonparticipants. Site visit data collection will include interviews with Tribal leaders, FDPIR administrators and staff, and other service providers; visits to FDPIR enrollment sites, warehouses, and distribution sites; and discussion groups with FDPIR participants and eligible nonparticipants. Information obtained will provide updated information on FDPIR participants and program operations and will be used by FNS to inform decisions regarding program administration and to identify ways to make the program more beneficial to participants.
Agency Information Collection Activities: Proposed Collection; Comment Request-An Assessment of the Roles and Effectiveness of Community-Based Organizations in the Supplemental Nutrition Assistance Program
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This is a new collection for the Food and Nutrition Service to describe the roles of community-based organizations (CBOs) in the Supplemental Nutrition Assistance Program (SNAP), and to assess if, and how, the use of CBOs to conduct SNAP applicant interviews has impacted SNAP program outcomes such as timeliness, payment error rates, access, and client satisfaction.
Agency Information Collection Activities: Proposed Collection; Comment Request-Report of School Programs-FNS-10
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this existing information collection. This collection is a revision of a currently approved collection for reporting school programs data on a monthly basis for the National School Lunch Program, the School Breakfast Program, and the Special Milk Program.
Certification of Compliance With Meal Requirements for the National School Lunch Program Under the Healthy, Hunger-Free Kids Act of 2010
This interim rule amends National School Lunch Program regulations to conform to requirements contained in the Healthy, Hunger-Free Kids Act of 2010 regarding performance-based cash assistance for school food authorities certified compliant with meal pattern and nutrition standards. This rule requires State agencies to certify participating school food authorities (SFAs) that are in compliance with meal pattern and nutrition standard requirements as eligible to receive performance-based cash assistance for each reimbursable lunch served (an additional six cents per lunch available beginning October 1, 2012 and adjusted annually thereafter). This rule also requires State agencies to disburse performance-based cash assistance to certified SFAs, and withhold the performance-based cash assistance if the SFA is determined to be out of compliance with meal pattern or nutrition standards during a subsequent administrative review. The intended effect of this rule is to provide additional funding for SFAs to implement new meal pattern requirements, thus increasing the healthfulness of meals served to school children.
Child and Adult Care Food Program: Amendments Related to the Healthy, Hunger-Free Kids Act of 2010
This rule proposes to codify several provisions of the Healthy, Hunger-Free Kids Act of 2010 affecting the management of the Child and Adult Care Food Program (CACFP). The Department is proposing to require institutions to submit an initial CACFP application to the State agency and, in subsequent years, periodically update the information in lieu of submitting a new application; require sponsoring organizations to vary the timing of reviews of sponsored facilities; require State agencies to develop and provide for the use of a standard permanent agreement between sponsoring organizations and day care centers; allow tier II day care homes to collect household income information and transmit it to the sponsoring organization; modify the method of determining administrative payments to sponsoring organizations of day care homes by basing payments on a formula; and allow sponsoring organizations of day care homes to carry over up to 10 percent of their administrative funding from the previous fiscal year into the next fiscal year. This rule also proposes to incorporate several changes to the application and renewal process which are expected to improve the management of CACFP and to make a number of miscellaneous technical changes.
Agency Information Collection Activities: Proposed Collection; Comment Request-Status of Claims Against Households (Form FNS-209)
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed information collection for the FNS-209, Status of Claims Against Households. This is a revision of an approved collection. The purpose of the Status of Claims Against Households is to provide a standardized format for State agencies submitting reports to the Food and Nutrition Service. Sections 11, 13, and 16 of the Food and Nutrition Act of 2008 (the Act) are the basis for the information collected on Form FNS-209, Status of Claims Against Households. Section 11 of the Act requires that State agencies submit reports and other information that are necessary to determine compliance with the Act and its implementing regulations. Section 13 of the Act requires State agencies to establish claims and collect overpayments against households. Section 16 of the Act authorizes State agencies to retain a portion of what is collected. The FNS-209 is used as the mechanism for State agencies to report the claim establishment, collection and retention amounts.
National School Lunch Program: School Food Service Account Revenue Amendments Related to the Healthy, Hunger-Free Kids Act of 2010; Approval of Information Collection Request
The Food and Nutrition Service published an interim final rule entitled ``National School Lunch Program: School Food Service Account Revenue Amendments Related to the Healthy, Hunger-Free Kids Act of 2010'' on June 17, 2011. The Office of Management and Budget (OMB) cleared the associated information collection requirements (ICR) on February 6, 2012. This document announces approval of the ICR.
Special Supplemental Nutrition Program for Women, Infants and Children (WIC): Income Eligibility Guidelines
The Department announces adjusted income eligibility guidelines to be used by State agencies in determining the income eligibility of persons applying to participate in the Special Supplemental Nutrition Program for Women, Infants and Children Program (WIC). These income eligibility guidelines are to be used in conjunction with the WIC Regulations.
Child Nutrition Programs-Income Eligibility Guidelines
This Notice announces the Department's annual adjustments to the Income Eligibility Guidelines to be used in determining eligibility for free and reduced price meals and free milk for the period from July 1, 2012 through June 30, 2013. These guidelines are used by schools, institutions, and facilities participating in the National School Lunch Program (and Commodity School Program), School Breakfast Program, Special Milk Program for Children, Child and Adult Care Food Program and Summer Food Service Program. The annual adjustments are required by section 9 of the Richard B. Russell National School Lunch Act. The guidelines are intended to direct benefits to those children most in need and are revised annually to account for changes in the Consumer Price Index.
Agency Information Collection Activities: Proposed Collection; Comment Request-Supplemental Nutrition Assistance Program, Administrative Review Requirements-Food Retailers and Wholesalers
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on proposed information collections. The proposed collection is a revision of a currently approved collection.
Agency Information Collection Activities: Proposed Collection; Comments Request-WIC Infant and Toddler Feeding Practices Study-2 (WIC ITFPS-2)
In accordance with the Paperwork Reduction Act of 1995, this notice invites the public and other public agencies to comment on this proposed information collection. This is a new collection for the Food and Nutrition Service to update and build upon previous research conducted in the 1990's, the WIC Infant Feeding Practices (WIC IFPS-1). The currently planned study will provide contemporary information on the feeding practices of this specific population of children enrolled in WIC over the first two years of their lives. It will determine the prevalence of particular feeding practices in the WIC population, and assess whether the new WIC food packages, instituted in 2009, have influenced those feeding practices, specifically as it relates to breastfeeding rates. This study will also examine the circumstances and influences that shape a mother's feeding decisions for their child and describe the impact of these decisions throughout early child development.
Agency Information Collection Activities: Proposed Collection; Comment Request-Information Collection for the National School Lunch Program
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this information collection. This collection is a revision of a currently approved collection which FNS employs to determine public participation in the National School Lunch Program.
Agency Information Collection Activities: Proposed Collection; Comment Request-Special Milk Program for Children
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this information collection. This collection is a revision of a currently approved collection which FNS employs to determine public participation in Special Milk Program for Children.
Agency Information Collection Activities: Proposed Collection; Comment Request-School Breakfast Program
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this information collection. This collection is a revision of a currently approved collection which FNS employs to determine public participation in the School Breakfast Program.
Agency Information Collection Activities: Proposed Collection; Comment Request-Special Nutrition Program Operations Study (SNPOS)
In accordance with the Paperwork Reduction Act of 1995, this notice invites the the general public and other public agencies to comment on this proposed information collection. This collection is a revision of a currently approved information collection for the Special Nutrition Program Operations Study (SNPOS).
Agency Information Collection Activities: Proposed Collection; Comment Request-Negative QC Review Schedule, Status of Sample Selection of Completion
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed information collection for the FNS-245, Negative Case Action Review Schedule and updates the status of the FNS-248, Status of Sample Selection and Completion. The FNS-245 is currently used in the Quality Control process for the Supplemental Nutrition Assistance Program and the FNS-248 will be removed from this collection as it has been eliminated as a FNS form through regulatory change. The proposed collection is a revision of a collection currently approved under OMB No. 0584-0034.
Fresh Fruit and Vegetable Program
This proposed rule would establish the basic requirements for the operation of the Fresh Fruit and Vegetable Program (FFVP) in conformance with the Richard B. Russell National School Lunch Act. It would set forth administrative and operational requirements for FFVP operators at the State and local levels. The intent of these provisions is to ensure that the FFVP encourages the consumption of fresh fruits and vegetables by elementary school children, thus improving their dietary habits and long-term health.
Agency Information Collection Activities: Proposed Collection; Comments Request-Study of Organizations Providing or Administering SNAP Incentives at Farmers' Markets
In accordance with the Paperwork Reduction Act of 1995, this notice invites the public and other public agencies to comment on this proposed information collection. This is a revision to a previous data collection to understand better the shopping patterns of SNAP participants at farmers' markets. The purpose of this collection is for the Food and Nutrition Service to understand how private organizations operate Supplemental Nutrition Assistance Program (SNAP) financial incentive programs for clients purchasing fruits and vegetables at farmers' markets. Information collected will be used to examine how these organizations design, operate, and evaluate incentive programs to encourage SNAP clients to shop for fruits and vegetables at farmers' markets. It will also assist in assessing how much these programs influence the purchase of fruits and vegetables at farmers' markets using SNAP benefits.
Agency Information Collection Activities: Proposed Collection; Comment Request-National School Lunch Program and School Breakfast Program Access, Participation, Eligibility, and Certification Study II (APEC-II Study)
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed information collection for the APEC-II Study.
Agency Information Collection Activities; Proposed Collection; Comment Request: Commodity Supplemental Food Program, the Food Distribution Program on Indian Reservations, and the Supplemental Nutrition Assistance Program; Title VI Civil Rights Collection Reports
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a revision of a currently approved collection under OMB No.0584-0025, Civil Rights Title VI Collection ReportsForms FNS-191 and FNS-101, for the Commodity Supplemental Food Program, the Food Distribution Program on Indian Reservations, and the Supplemental Nutrition Assistance Program.
National School Lunch Program: Direct Certification Continuous Improvement Plans Required by the Healthy, Hunger-Free Kids Act of 2010
This rule proposes to amend the National School Lunch Program (NSLP) regulations to incorporate provisions of the Healthy, Hunger- Free Kids Act of 2010 designed to encourage States to improve direct certification efforts with the Supplemental Nutrition Assistance Program (SNAP). The provisions would require State agencies to meet certain direct certification performance benchmarks and to develop and implement continuous improvement plans if they fail to do so. This rule also proposes to amend NSLP and SNAP regulations to provide for the collection of data elements needed to compute each State's direct certification performance rate to compare with the new benchmarks.
Nutrition Standards in the National School Lunch and School Breakfast Programs
This final rule updates the meal patterns and nutrition standards for the National School Lunch and School Breakfast Programs to align them with the Dietary Guidelines for Americans. This rule requires most schools to increase the availability of fruits, vegetables, whole grains, and fat-free and low-fat fluid milk in school meals; reduce the levels of sodium, saturated fat and trans fat in meals; and meet the nutrition needs of school children within their calorie requirements. These improvements to the school meal programs, largely based on recommendations made by the Institute of Medicine of the National Academies, are expected to enhance the diet and health of school children, and help mitigate the childhood obesity trend.
Food Distribution Program on Indian Reservations: Income Deductions and Resource Eligibility
This rule proposes to amend regulations for the Food Distribution Program on Indian Reservations (FDPIR). The changes are intended to simplify and improve the administration of and expand access to FDPIR, and promote conformity with the Supplemental Nutrition Assistance Program (SNAP). First, the Department proposes an amendment that would eliminate household resources from consideration when determining FDPIR eligibility. Second, to more closely align FDPIR and SNAP regulations, the Department proposes to expand the current FDPIR income deduction for Medicare Part B Medical Insurance and Part D Prescription Drug Coverage premiums to include other monthly medical expenses in excess of $35 for households with elderly and/or disabled members. This rule also proposes to establish an income deduction for shelter and utility expenses. Finally, the Department proposes verification requirements related to the proposed income deductions and revisions to the household reporting requirements that will more closely align FDPIR and SNAP regulations.
Emergency Food Assistance Program; Availability of Foods for Fiscal Year 2012
This notice announces the surplus and purchased foods that the Department expects to make available for donation to States for use in providing nutrition assistance to the needy under The Emergency Food Assistance Program (TEFAP) in Fiscal Year (FY) 2012. The foods made available under this notice must, at the discretion of the State, be distributed to eligible recipient agencies for use in preparing meals and/or for distribution to households for home consumption.
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