[Federal Register Volume 62, Number 200 (Thursday, October 16, 1997)]
[Rules and Regulations]
[Pages 53727-53731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27310]
[[Page 53727]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Food and Consumer Service
7 CFR Parts 250, 251, and 253
RIN 0584-AB27
Food Distribution Programs--Reduction of the Paperwork Burden
AGENCY: Food and Consumer Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends provisions of the Food Distribution
Program, Emergency Food Assistance Program (TEFAP), and Food
Distribution Program for Households on Indian Reservations (FDPIR)
regulations to reduce the paperwork burden associated with the
administration of food distribution programs at the State and local
level. This action was initiated by the Child Nutrition and WIC
Reauthorization Act of 1989, which amended the National School Lunch
Act to require the Secretary to endeavor to reduce the paperwork burden
for agencies participating in nutrition assistance programs. This final
rule contains provisions which extend the maximum effective periods for
agreements between Federal, distributing, and recipient agencies,
contracts of distributing and subdistributing agencies with storage
facilities, contracts between recipient agencies and food service
management companies, and State plans of operation; remove the
requirement that commodity acceptability information be submitted for
the following program categories: charitable institutions, nonprofit
summer camps, the Summer Food Service Program for Children, and the
Emergency Food Assistance Program; relax monitoring requirements for
distributing agencies with regard to charitable institutions and
nonprofit summer camps, and the food service management companies under
contract with them; and, amend regulatory language to reflect modified
information collection requirements.
EFFECTIVE DATE: This final rule is effective November 17, 1997.
FOR FURTHER INFORMATION CONTACT: Lillie Ragan, Assistant Branch Chief,
Household Programs Branch, Food Distribution Division, Food and
Consumer Service, U.S. Department of Agriculture, Park Office Center,
Room 502, 3101 Park Center Drive, Alexandria, VA 22302-1594, or
telephone (703) 305-2662.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This final rule has been determined to be not significant for
purposes of Executive Order 12866, and, therefore, has not been
reviewed by the Office of Management and Budget (OMB).
Regulatory Flexibility Act
This action has been reviewed with regard to the requirements of
the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612). The
Administrator of the Food and Consumer Service (FCS) has certified that
this action will not have a significant economic impact on a
substantial number of small entities. The procedures in this rulemaking
will primarily affect FCS Regional Offices, and the distributing and
recipient agencies that administer food distribution programs. Private
enterprises that enter into agreements for the storage of donated food
or meal service management will also be affected. While some of these
entities constitute small entities, a substantial number will not be
affected. Further, any economic impact will not be significant.
Executive Order 12372
These programs are listed in the Catalog of Federal Domestic
Assistance under 10.550, 10.568, and 10.569, respectively, and are
subject to the provisions of Executive Order 12372, which requires
intergovernmental consultation with State and local officials (7 CFR
part 3015, Subpart V and final rule-related notices published at 48 FR
29114, June 24, 1983 and 49 FR 22676, May 31, 1984).
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), changes in the information collection burden that would result
from the adoption of the proposals contained in the proposed rule
published in the Federal Register on March 14, 1997 (62 FR 12108) were
submitted for public comment. As discussed below, no comments were
received. Current reporting and recordkeeping requirements were
approved by the Office of Management and Budget under Control Numbers
0584-0293 and 0584-0067.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is intended to have preemptive effect
with respect to any State or local laws, regulations, or policies which
conflict with its provisions or which would otherwise impede its full
implementation. This rule is not intended to have retroactive effect
unless so specified in the EFFECTIVE DATE section of the preamble.
There are no administrative procedures which must be exhausted prior to
any judicial challenge to the provisions of this rule or the
application of its provisions.
Background
In response to the mandates of the Child Nutrition and WIC
Reauthorization Act of 1989 (Pub. L. 101-147), a notice was published
in the Federal Register (55 FR 13156) on April 9, 1990, soliciting
comments on ways to reduce the paperwork burden for food distribution
programs. In response to comments received, the Department implemented
several changes to reduce the paperwork burden and streamline
operations, including simplifying the process of reporting and acting
on commodity complaints, and eliminating or revising reports submitted
by distributing agencies. To respond to comments touching upon
procedures and reports established by Federal regulations, and to
incorporate the input provided in subsequent discussions with State
program administrators and representatives of commodity distribution
associations, the Department published a proposed rule in the Federal
Register (62 FR 12108) on March 14, 1997. The proposed rule provided a
60-day comment period.
Analysis of Comments Received
The Department received a total of 10 comment letters, including
four from distributing agencies, three from school food authorities,
two from commercial distributors, and one from a national commodity
distribution association. A total of 32 separate comments were
contained in the letters. While all commenters supported the provisions
contained in the proposed rule, a few suggested clarifications of
regulatory language or meaning. A description of the comments received,
and revisions made in response to the comments, are discussed in detail
below.
Information Collection Burden
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the Food and Consumer Service submitted for public comment the
changes in the information collection burden that would result from the
adoption of the provisions contained in the proposed rule published in
the Federal Register on March 14, 1997 (62 FR 12108). Comments were
solicited on: (a) Whether the proposed collection of
[[Page 53728]]
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) ways to enhance the quality,
utility, and clarity of the information to be collected; and (d) ways
to minimize the burden of the collection of information on those who
are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology. No comments were received
relative to the changes in the information collection burden resulting
from the proposed regulatory revisions. Therefore, the revised burden
hours will be submitted to the Office of Management and Budget for
approval as proposed.
Distributing Agency Agreements With the Department
The proposed rule would amend sections 250.12(a) and 251.2(c) to
make agreements between the Department and distributing agencies
permanent, with amendments to be made at the request of FCS. Three of
the ten respondents supported this proposal. However, one commenter
suggested that the language on amendments to agreements between the
Department and distributing agencies be modified to indicate that
distributing agencies may also propose to amend the agreement, which
would be subject to the Department's approval. The Department agrees
that the regulatory language should be modified to allow for this
contingency; hence, this final rule adopts the proposed changes to
sections 250.12(a) and 251.2(c) with the following modification: ``* *
* with amendments initiated by distributing agencies, or submitted by
them at the Department's request, all of which shall be subject to
approval by the Department.''
Distributing Agency Agreements With Recipient Agencies
The proposed rule would also amend sections 250.12(c)(1) and
251.2(c) to make agreements between distributing and recipient agencies
permanent, with amendments to be made as necessary. The three
respondents which commented on this provision supported the proposal.
Therefore, this final rule adopts the permanent agreement amendments
proposed for sections 250.12(c) and 251.2(c) without change.
The proposed rule did not propose to amend the duration of
agreements between distributing agencies and (1) subdistributing
agencies that are not also recipient agencies, (2) carriers, and (3)
other entities to which distributing agencies deliver donated foods,
which would remain one year, with an option for two additional one-year
periods. While no comments suggested amending the duration of these
agreements, one comment suggested adding a definition of
``subdistributing agency'' for the purpose of clarifying which agencies
are subject to the stated agreement period. Since section 250.3 already
contains a definition of subdistributing agency which accurately
describes the types of functions an organization must perform in order
to be considered a subdistributing agency, the final rule amends
section 250.12(c)(2) to reference the definition set forth in section
250.3, as well as incorporating the other proposed changes.
Storage Facility Contracts
Section 250.14(d) would be amended by the proposed rule to extend
the duration of contracts of distributing and subdistributing agencies
with storage facilities to a maximum of five years, including option
years. While the five respondents which commented on this provision
supported the proposal, one commenter suggested that the extended
contract period should also apply to facilities that both store and
deliver commodities since they would benefit from longer contracts in
the same manner as facilities engaged only in storage. The Department
did not intend to exclude such facilities under the proposed rule.
Therefore, in order to clarify the Department's intent, section 250.3
is revised under this final rule to add a definition of storage
facilities which specifically includes facilities that both store and
deliver commodities, as well as those that only store commodities. The
final rule extends the duration of contracts of distributing and
subdistributing agencies with storage facilities, as defined in section
250.3, to a maximum of five years, including option years, as proposed.
However, it should be noted that ``carriers''--those entities which
perform only a delivery function--are still limited to one-year
contracts, with options for two additional one-year periods, as
stipulated in section 250.12(c)(2), as amended by this final rule.
Food Service Management Company Contracts
The proposed rule would amend section 250.12(d) to extend the
duration of contracts between food service management companies and
charitable institutions, nutrition programs for the elderly, and
nonprofit summer camps for children to one year, with an option for
four additional one-year periods. The three respondents which commented
on this provision supported the proposal. Therefore, this provision is
retained in this final rule as proposed.
Commodity Acceptability Report Requirements
The proposed rule would amend section 250.13(k)(2) to exclude the
Summer Food Service Program (SFSP), summer camps, the Emergency Food
Assistance Program, and charitable institutions from those recipient
agencies for which distributing agencies are required to submit
commodity acceptability information. The proposed rule would also amend
section 250.13(k)(3) to delete reference to the annual submission by
November 30th of commodity acceptability reports for summer camps and
SFSP (for which reports would not be required), and clarify that
distributing agencies must submit commodity acceptability reports (for
those programs for which reports would be required, as stipulated in
section 250.13(k)(2)) to FCS Regional Offices by April 30th each year.
Additionally, the rule proposed to make a technical change to section
250.24(d)(1) by removing the word ``semi-annual'' to reflect the
current requirement contained in section 3(f)(2) of Pub. L. 100-237, as
amended by section 1773(d) of Pub. L. 101-624, which mandates the
annual collection of commodity acceptability information. Since the
comments received support these provisions, proposed revisions to
sections 250.13(k)(2), 250.13(k)(3), and 250.24(d)(1) are retained in
this final rule.
Inventory Report Requirements
The proposed rule would amend section 250.17(a) to require
semiannual, instead of monthly, submissions of form FCS-155, the
Inventory Management Register, and describes the function of this form,
which is to report information on excessive commodity inventories. The
proposed rule would also allow FCS to require more frequent reporting,
if necessary to maintain program accountability, or less frequent
reporting, if sufficient to meet program needs. The language of section
251.10(d) would be modified by the proposed rule to refer to the
revised inventory reporting requirements in section 250.17(a), and to
require submission of household participation data for TEFAP utilizing
form FCS-155 at the same frequency that inventory information is
reported. Under the proposed rule, this section would also be revised
to delete
[[Page 53729]]
reference to a list of individual food orders received for each food
item delivered (the function of the FCS-155A, which has been determined
to be unnecessary). The three respondents which commented on these
provisions supported the proposed revisions. Thus, the proposed
amendments to sections 250.17 and 251.10 relative to the submission of
FCS Form FCS-155 are retained in this final rule.
Monitoring Review Requirements
The proposed rule would revise section 250.19(b) to require State
agencies to conduct on-site reviews of charitable institutions,
nonprofit summer camps for children, and the food service management
companies under contract with them, at a minimum: (1) Whenever the
State agency identifies actual or probable deficiencies in program
administration through audits, investigations of complaints, reports
submitted by recipient agencies, or any other information available to
the State agency, which, at the discretion of the State agency,
warrants an on-site review; or, (2) at the request of FCS. The comments
received supported this proposal. Hence, the revisions to this section
are retained in this final rule as proposed.
FDPIR State Plan
Section 253.5(a), as amended by the proposed rule, would make the
FDPIR State plan permanent, with amendments added as changes in State
agency administration or management of the program, as described in the
plan, are made, or at the request of FCS. Commenters supported this
proposal. Therefore, the proposed revision to section 253.5(a) remains
unchanged in this final rule.
TEFAP State Plan
One comment was received proposing that the TEFAP State plan be
made permanent. However, as stated in the preamble of the proposed
rule, section 871(b) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, Pub. L. 104-193, amended
section 202A of the Emergency Food Assistance Act of 1983, Pub. L. 98-
8, to require State agencies to submit a TEFAP State plan every four
years, with amendments submitted as necessary. This requirement, which
will be codified in a future rule, became effective with the enactment
of Pub. L. 104-193 on August 22, 1996. Given the requirements contained
in the legislation, the Department does not have the authority the make
TEFAP State plans permanent.
Application for Federal Assistance
The proposed rule would amend section 253.9(c) to reflect the
current form, i.e., SF-424, which Indian Tribal Organizations (ITOs)
must submit to receive Federal administrative funds on an annual basis
instead of form AD-623. This section would also be amended to delete
the statement encouraging ITOs which act as State agencies to first
submit applications for Federal administrative funds through the State
clearinghouse since the Department does not believe that this statement
is in the spirit of the ``Government-to-Government Relations with
Native American Tribal Governments'' Presidential directive which was
issued on April 29, 1994 and published in the Federal Register on May
4, 1994 (59 FR 22951). No comments were received concerning these
provisions. Therefore, the proposed revisions to section 253.9(c) are
retained in this final rule.
Technical Changes
A number of technical changes to regulatory provisions were
proposed in the proposed rule. Since no comments were received on any
of these changes, they are included in this final rule without
modification.
List of Subjects
7 CFR Part 250
Aged, Agricultural commodities, Business and industry, Food
assistance programs, Food donations, Food processing, Grant programs--
social programs, Indians, Infants and children, Price support programs,
Reporting and recordkeeping requirements, School breakfast and lunch
programs, Surplus agricultural commodities.
7 CFR Part 251
Aged, Agricultural commodities, Business and industry, Food
assistance programs, Food donations, Grant programs--social programs,
Indians, Infants and children, Price support programs, Reporting and
recordkeeping requirements, School breakfast and lunch programs,
Surplus agricultural commodities.
7 CFR Part 253
Administrative practice and procedure, Food assistance programs,
Grant programs, Social programs, Indians, Reporting and recordkeeping
requirements, Surplus agricultural commodities.
Accordingly, 7 CFR parts 250, 251, and 253 are amended as follows:
PART 250--DONATION OF FOODS FOR USE IN THE UNITED STATES, ITS
TERRITORIES AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION
1. The authority citation for Part 250 continues to read as
follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 612c, 612c note, 1431, 1431b,
1431e, 1431 note, 1446a-1, 1859, 2014, 2025; 15 U.S.C. 713c; 22
U.S.C. 1922; 42 U.S.C. 1751, 1755, 1758, 1760, 1761, 1762a, 1766,
3030a, 5179, 5180.
2. Section 250.3 is amended by adding a definition of Storage
facility, in alphabetical order, to read as follows:
Sec. 250.3 Definitions.
* * * * *
Storage facility means an operation that provides warehousing
services, or provides both warehousing and delivery services.
* * * * *
Secs. 250.3, 250.40, 250.41, 250.42, 250.48, 250.49 [Amended]
3. In Sec. 250.3, in the definition of Food service management
company, and in Secs. 250.40(a)(4), 250.41(a)(3), 250.42(a),
250.48(a)(1), and 250.49(a), the citation ``250.12(c)'' is removed
wherever it appears, and the citation ``250.12(d)'' is added in its
place.
4. In Sec. 250.12:
a. The third and fourth sentences of paragraph (a) are revised;
b. The undesignated text following paragraph (b)(4) is removed;
c. Paragraphs (c), (d), and (e) are redesignated as paragraphs (d),
(e), and (f), and a new paragraph (c) is added; and
d. Newly redesignated paragraphs (d) and (e) are revised.
The revisions and addition read as follows:
Sec. 250.12 Agreements and contracts.
(a) Agreements with Department. * * * The agreements shall be
considered permanent, with amendments initiated by distributing
agencies, or submitted by them at the Department's request, all of
which shall be subject to approval by the Department. In addition,
agreements between the Department and State Agencies on Aging that
elect to receive cash in lieu of commodities shall also be considered
permanent, with amendments initiated by these agencies, or submitted by
them at the Department's request, all of which amendments shall be
subject to approval by the Department.
* * * * *
(c) Duration of distributing agency agreements.--(1) Recipient
agencies.
[[Page 53730]]
Distributing agency agreements with recipient agencies shall be
considered permanent, with amendments to be made as necessary.
Distributing agencies shall ensure that recipient agencies provide, on
a timely basis, by amendment to the agreement, any changed information,
including, but not limited to, any changes resulting from amendments to
Federal regulatory requirements and policy and changes in site
locations, and number of meals or needy persons to be served.
(2) Subdistributing agencies, carriers, and other entities.
Distributing agency agreements with subdistributing agencies (as
defined in Sec. 250.3) that are not recipient agencies, carriers, and
other entities shall be in effect for not longer than one year, and
shall provide that they may be extended at the option of both parties
for two additional one-year periods. The party contracting with the
distributing agency shall update all pertinent information and
demonstrate that all donated food received during the period of the
previous agreement has been accounted for, before an agreement is
extended.
(3) Termination of agreements. Agreements may be terminated for
cause by either party upon 30 days notice.
(d) Food service management company contracts. Food service
management companies may be employed to conduct the food service
operations of nonprofit summer camps for children, charitable
institutions, nutrition programs for the elderly, schools,
nonresidential child care institutions, and service institutions. When
a food service management company is employed to provide such services,
the recipient agency shall enter into a written contract with the food
service management company. The contract shall expressly provide that
any donated foods received by the recipient agency and made available
to the food service management company shall be utilized solely for the
purpose of providing benefits for the employing agency's food service
operation, and it shall be the responsibility of the recipient agency
to demonstrate that the full value of all donated foods is used solely
for the benefit of the recipient agency. All food service management
companies shall be subject to review by the distributing agency for
compliance with contractual requirements, in accordance with
Sec. 250.19(b)(1). In the case of nonprofit summer camps for children,
charitable institutions, and nutrition programs for the elderly, the
contract shall be in effect for no longer than one year, and may
provide that it be extended at the option of both parties for not more
than four additional one-year periods. Contracts shall provide that
they may be terminated for cause by either party upon 30 days notice.
Prior to extension of the contract, the nonprofit summer camp for
children, charitable institution, or nutrition program for the elderly
shall update all pertinent information and demonstrate that all donated
food received during the previous contract period has been accounted
for.
(e) Storage facility contracts. When contracting for storage
facilities, distributing agencies and subdistributing agencies shall
enter into a written contract, in accordance with Sec. 250.14(d).
* * * * *
5. In Sec. 250.13:
a. Paragraph (k)(2) is amended by removing the words ``the Summer
Food Service Program'', ``charitable institutions, summer camps,'' and
``, and the Emergency Food Assistance Program'', and by adding the word
``and'' before the words ``the Food Distribution Program on Indian
Reservations''; and
b. Paragraph (k)(3) is revised to read as follows:
Sec. 250.13 Distribution and control of donated foods.
* * * * *
(k) * * *
(3) Timeframes for submission. Distributing agencies shall submit
commodity acceptability reports to the appropriate FCSRO by April 30th
of each year on form FCS-663.
6. In Sec. 250.14:
a. The introductory text of paragraph (d) is amended by removing
the first three sentences, and adding two new sentences in their place;
b. Paragraph (d)(1) is amended by removing the reference to
``paragraph (a)'' and adding in its place a reference to ``paragraph
(b)''; and
c. Paragraph (e) is amended by removing the citation
``Sec. 250.14(b)'' in the first sentence, and adding in its place a
reference to ``paragraph (c) of this section''; and by removing the
reference to ``paragraph (e)'' in the fourth sentence, and adding in
its place a reference to ``paragraph (f)''.
The additions read as follows:
Sec. 250.14 Warehousing, distribution and storage of donated foods.
* * * * *
(d) Contracts. When contracting for storage facilities,
distributing agencies and subdistributing agencies shall enter into
written contracts to be effective for no longer than five years,
including option years extending a contract. Before the exercise of
option years, the storage facility shall update all pertinent
information and demonstrate that all donated foods received during the
previous contract period have been accounted for. * * *
* * * * *
7. Section 250.17 is amended by revising paragraph (a) to read as
follows:
Sec. 250.17 Reports.
(a) Inventory reports and receipt of donated foods. Distributing
agencies shall complete and submit to the FCSRO semiannual reports
regarding excessive inventories (as defined in Sec. 250.14(f)) of
donated foods, utilizing form FCS-155, the Inventory Management
Register, except that distributing agencies shall submit monthly
inventory information on form FCS-152, for the Food Distribution
Program on Indian Reservations, and on form FCS-153, for the Commodity
Supplemental Food Program. FCS may require the use of other reporting
formats. FCS may also require that form FCS-155 be submitted more
frequently than semiannually if necessary to maintain program
accountability, and that any inventory report be submitted less
frequently if sufficient to meet program needs. Reports shall be
submitted not later than 30 calendar days after the last month in the
reporting period as established by FCS.
* * * * *
8. In Sec. 250.19:
a. Paragraph (b)(1)(i) is revised;
b. Paragraphs (b)(1)(ii), (b)(1)(iii), and (b)(1)(iv) are
redesignated as paragraphs (b)(1)(iii), (b)(1)(iv), and (b)(1)(v),
respectively;
c. A new paragraph (b)(1)(ii) is added; and
d. Newly redesignated paragraph (b)(1)(v) is revised.
The revisions and addition read as follows:
Sec. 250.19 Reviews.
* * * * *
(b) Responsibilities of distributing agencies.
(1) * * *
(i) An on-site review of all nutrition programs for the elderly
under agreement in accordance with Sec. 250.12(b), at least once every
four years, with not fewer than 25 percent of these programs being
reviewed each year. These reviews shall also include on-site reviews of
the storage facilities of sites receiving donated foods to ensure
compliance with Sec. 250.14(b);
(ii) An on-site review of all charitable institutions and nonprofit
summer camps for children under agreement in accordance with
Sec. 250.12(b), and the food service management companies
[[Page 53731]]
under contract with these recipient agencies in accordance with
Sec. 250.12(d), at a minimum, whenever the distributing agency
identifies actual or probable deficiencies in program administration,
including compliance with civil rights provisions, through audits,
investigations of complaints, reports submitted by recipient agencies,
or any other information available to the State agency which, at the
discretion of the State agency, warrants an on-site review, or at the
request of FCS;
* * * * *
(v) A biennial review of all food service management companies
under contract with recipient agencies in accordance with
Sec. 250.12(d), except that:
(A) Food service management companies under contract with
charitable institutions and nonprofit summer camps for children shall
be reviewed in accordance with paragraph (b)(1)(ii) of this section;
and,
(B) Food service management companies under contract with schools
participating in the National School Lunch Program or commodity schools
under part 210 of this chapter, or with schools participating in the
School Breakfast Program under part 220 of this chapter, shall be
reviewed in accordance with the provisions set forth in parts 210 and
220.
* * * * *
Sec. 250.24 [Amended]
9. In Sec. 250.24, paragraph (d)(1) is amended by removing the word
``semi-annual''.
PART 251--THE EMERGENCY FOOD ASSISTANCE PROGRAM
1. The authority citation for part 251 is revised to read as
follows:
Authority: 7 U.S.C. 7501-7516.
2. Section 251.2 is amended by revising paragraph (c) to read as
follows:
Sec. 251.2 Administration.
* * * * *
(c) Each State agency that distributes donated foods to emergency
feeding organizations or receives payments for storage and distribution
costs in accordance with Sec. 251.8 shall perform those functions
pursuant to an agreement entered into with the Department. This
agreement shall be considered permanent, with amendments initiated by
distributing agencies, or submitted by them at the Department's
request, all of which shall be subject to approval by the Department.
Such State agencies shall enter into a written agreement with eligible
emergency feeding organizations. This agreement shall provide that
emergency feeding organizations agree to operate the program in
accordance with the requirements of this part, and, as applicable, part
250 of this chapter. The agreement shall be considered permanent, with
amendments to be made as necessary. State agencies shall ensure that
emergency feeding organizations provide, on a timely basis, by
amendment to the agreement, any information on changes in program
administration, including, but not limited to, any changes resulting
from amendments to Federal regulations or policy.
3. In Sec. 251.10:
a. Paragraph (a)(1) is amended by removing the citation
``Sec. 250.6(r)'', and adding in its place the citation
``Sec. 250.16'';
b. Paragraph (d)(2) is revised to read as follows; and
c. Paragraph (d)(3) is removed.
Sec. 251.10 Miscellaneous provisions.
* * * * *
(d) Reports. * * *
(2) Each State agency shall complete and submit to the FCSRO
reports to ensure that excessive inventories of donated foods are not
maintained, in accordance with the requirements of Sec. 250.17(a) of
this chapter. Such reports shall also include the total number of
households served in the State since the previous report submittal,
based upon current information received from emergency feeding
organizations.
* * * * *
PART 253--ADMINISTRATION OF THE FOOD DISTRIBUTION PROGRAM FOR
HOUSEHOLDS ON INDIAN RESERVATIONS
1. The authority citation for part 253 continues to read as
follows:
Authority: 91 Stat. 958 (7 U.S.C. 2011-2027), unless otherwise
noted.
2. Section 253.5 is amended by removing the first two sentences of
the introductory text of paragraph (a)(1) and adding, in their place,
three new sentences to read as follows:
Sec. 253.5 State agency requirements.
(a) Plan of operation. (1) The State agency that assumes
responsibility for the Food Distribution Program shall submit a plan of
operation for approval by FCS. Approval of the plan shall be a
prerequisite to the donation of commodities available for use by
households under Sec. 253.9. The approved plan shall be considered
permanent, with amendments to be added as changes in State agency
administration or management of the program, as described in the plan,
are made, or at the request of FCS. * * *
* * * * *
3. Section 253.9 is amended by revising paragraph (c)(1) to read as
follows:
Sec. 253.9 Administrative funds for State agencies.
* * * * *
(c) Application for funds. (1) Any State agency administering a
Food Distribution Program that desires to receive administrative funds
under this section shall submit form SF-424, ``Application for Federal
Assistance,'' to the appropriate FCS Regional Office at least three
months prior to the beginning of a Federal fiscal year. The application
shall include budget information, reflecting by category of expenditure
the State agency's best estimate of the total amount to be expended in
the administration of the program during the fiscal year. FCS may
require that detailed information be submitted by the State agency to
support or explain the total estimated amounts shown for each budget
cost category. As required by 7 CFR part 3015, Subpart V, agencies of
State government shall submit the application for Federal assistance to
the State clearinghouse before submitting it to the FCSRO. ITOs shall
not be subject to this requirement.
* * * * *
Dated: October 2, 1997.
Yvette S. Jackson,
Acting Administrator.
[FR Doc. 97-27310 Filed 10-15-97; 8:45 am]
BILLING CODE 3410-30-P
