[Federal Register Volume 62, Number 25 (Thursday, February 6, 1997)]
[Rules and Regulations]
[Pages 5519-5520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2942]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 /
Rules and Regulations
[[Page 5519]]
DEPARTMENT OF AGRICULTURE
Food and Consumer Service
7 CFR Parts 210 and 226
RIN 0584-AC42
Child and Adult Care Food Program, Improved Targeting of Day Care
Home Reimbursements; Correction and Extension of Comment Period
AGENCY: Food and Consumer Service, USDA.
ACTION: Interim rule; correction and extension of comment period.
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SUMMARY: This document contains corrections to the preamble, regulatory
text, and economic impact analysis (appendix) of the interim rule
published on January 7, 1997 (62 FR 889). The interim rule contained
changes required by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 relating to the implementation of a two-
tiered reimbursement structure for day care homes participating in the
Child and Adult Care Food Program. The comment period is also being
extended to provide the public sufficient opportunity to comment on the
interim rule in light of these corrections.
DATES: Effective July 1, 1997, except for Secs. 210.9(b)(20),
210.19(f), 226.6(f)(2) and 226.6(f)(9), which are effective March 10,
1997. To be assured of consideration, comments on the interim rule must
be postmarked on or before May 7, 1997, except for comments on the
information collection which must be received by March 10, 1997.
FOR FURTHER INFORMATION CONTACT: Robert M. Eadie, Chief, Policy and
Program Development Branch, Child Nutrition Division, Food and Consumer
Service, Department of Agriculture, 3101 Park Center Drive, Room 1007,
Alexandria, Virginia 22302 or telephone 703-305-2620.
SUPPLEMENTARY INFORMATION:
Background
On January 7, 1997, the Department published an interim rule
incorporating provisions from the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Pub. L. 104-193) concerning
implementation of a two-tiered reimbursement structure for day care
homes participating in the Child and Adult Care Food Program (CACFP).
Under this structure, the level of reimbursement for meals served to
enrolled children will be determined by economic need based on: the
location of the day care home; the income of the day care provider; or
the income of individual children's households.
However, the interim rule as published contains errors in the
preamble, regulatory text, and economic impact analysis (appendix) that
need correction.
Correction of Publication
Accordingly, the publication on January 7, 1997 at 62 FR 889 is
corrected as follows:
1. On page 898, first column, the preamble is corrected by removing
the second full paragraph and by adding three new paragraphs in its
place to read as follows:
The claiming percentages/blended rates alternative set forth in
section 708(e)(1) of the Act indicates that the claiming percentage
or blended rate be established based on the percentage of identified
income-eligible children enrolled in a home ``in a specified month
or other period.'' This interim regulation prescribes that the
claiming percentage or blended rate be based on one month's data
concerning the children enrolled in a particular day care home. The
Department will allow sponsors to use either of two approaches to
making this calculation, and is interested in receiving comments on
whether both of these alternative methods should continue to be
permitted.
The first alternative would involve the day care home submitting
an attendance list for the specified month to the sponsor. The
sponsor would then use the attendance list to determine the claiming
percentage or blended rate for the home based on a weighted average
of each enrolled child's level of participation during the month.
The second alternative would involve a sponsor calculating the
claiming percentage or blended rate based on a home's enrollment for
an entire month using a list of enrolled children submitted by the
day care home. The sponsor would assess the income eligibility
status of each of the children enrolled in the home during the month
and, using the enrollment list, derive the appropriate claiming
percentage or blended rate. For example, if a home's enrollment list
for the month of January indicates that 10 children were enrolled
during the month, the home's claiming percentage or blended rate
would be based on the number of identified income-eligible children,
divided by 10.
The Department believes that either of these methods will
achieve greater accuracy in reimbursement payments than basing the
six-month calculation on a single point in time (that is, one day's
data, which could misrepresent typical enrollment or attendance in
that home). Although the attendance list may impose an additional
burden on the sponsor and day care homes, it would certainly provide
a higher level of accuracy than using an enrollment list.
2. On page 899, third column, in the second full paragraph, line
10, the preamble is corrected by removing the word ``submit'' and
replacing it with the word ``collect''.
3. On page 903, in line 1 of the second column,
Sec. 226.13(d)(3)(ii) is corrected by adding the words ``one month's
data concerning'' after the words ``basis of''.
4. On page 904, third column, Sec. 226.23(h)(6) is corrected by
italicizing the paragraph heading ``Verification procedures for
sponsoring organizations of day care homes.''.
5. The appendix to the preamble which appears on pages 905-915 is
corrected as follows:
a. On page 905, second column, in line 13 of the second full
paragraph:
1. the words ``, and supplements'' are added after the word
``breakfasts'' in the parentheses;
2. the comma after the right parentheses is removed and replaced
with a period; and
3. the words ``and such'' before the word ``changes'' are removed
and the word ``These'' is added in their place.
b. On page 905, Table 1, in footnote a, in the first sentence, the
first word ``Percentage'' is removed and the word ``Percentages'' is
added in its place; and the word ``hoseholds'' is removed and the word
``households'' is added in its place.
c. On page 905, Table 1, in footnote a, in the second sentence, the
word ``to'' is added after the word ``propensities''; and the word
``benefirts'' is removed and the word ``benefits'' is added in its
place.
d. On page 905, first column, in line 3, the first paragraph after
Table 1, the words ``Associates, Inc.'' are added after the word
``Abt''.
[[Page 5520]]
e. On page 906, Table 2, in the column labeled ``Difference,'' a
negative sign (-) is added before all of the numbers in the column.
f. On page 906, third column, the fourth line of text after Table
3, the word ``ing'' is removed and the words ``the costs resulting''
are added after the words ``most of''.
g. On page 907, Table 4, in the column labeled ``Dollars,'' the
number ``-332,324'' is removed and the number ``-332,334'' is added in
its place.
h. On page 907, first column, after Table 4, in the third
paragraph, on line 6, a period is added after the first occurrence of
the word ``DCHs''.
i. On page 907, first column, after Table 4, in the third
paragraph, on line 6, the words ``Virtually all'' are added after the
newly added period.
j. On page 907, second column, after Table 4, in the last
paragraph, in line 3, the footnote ``3'' is removed and a footnote
``5'' is added in its place.
k. On page 908, first column, in the last paragraph, on the third-
to-last line, the word ``er'' is removed and the words ``impact of $133
per'' are added.
l. On page 908, second column, in the second paragraph under the
``Costs to Families'' heading, on line 15, the word ``recent'' is
removed and the words ``represent a 10 percent'' are added in its
place.
m. On page 909, second column, in the first paragraph under the
``Intended Effect of Tiering'' heading, on line 5, a period is added
after the words ``P.L. 104-193''.
n. On page 909, second column, in the first paragraph under the
``Tiering Determination Burden'' heading, line 13, the word ``sponsor''
is removed and the words ``the DCH provider'' are added in its place.
o. On page 909, third column, in the first full paragraph, line 23,
the word ``93-35'' is removed and the word ``97-35'' is added in its
place.
p. On page 909, third column, in the first full paragraph, line 32,
the word ``enrollment'' is removed and the words ``two types of
income'' are added in its place.
q. On page 910, first column, in the first full paragraph, line 13,
the words ``percent of'' are added after the word ``6'', and the words
``DCHs that are only area-eligible implies that 16 percent of all DCHs
will be approved for tier I'' are added after the words ``6 percent of
tier I''.
r. On page 910, third column, in the paragraph under the heading
``Data Collection and Reporting Burden for Sponsors,'' 4th from last
line, the words ``CACFP State'' are added after the words ``submits to
its''.
s. On page 912, second column, after Table 7, in the first
paragraph, the words ``The assumption that 40 percent of children in
mixed tier II DCHs are income eligible. There is a clear financial
incentive for providers to encourage their low-income families to
submit income information to sponsors. This incentive and providers'
close relationships with parents suggest that providers will attempt to
persuade parents to provide the income information and will thereby
achieve a response rate greater than the NSLP's 80 percent; ninety
percent was chosen.'' are removed.
t. On page 912, third column, after Table 7, in the first full
paragraph, line 20, the word ``DC'' is removed and the words ``DCHs
will be about'' are added in its place.
u. On page 913, first column, after Table 8, in the first paragraph
under the heading ``Costs to CACFP State Agencies,'' line 19, the word
``hof'' is removed and the words ``household income of'' are added in
its place.
v. On page 914, third column, in the footnote at the bottom of the
column, the letter ``m'' is added to the beginning of the footnote.
Dated: January 30, 1997.
William E. Ludwig,
Administrator.
[FR Doc. 97-2942 Filed 2-5-97; 8:45 am]
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