81 FR 39869 - Requirements for the Distribution and Control of Donated Foods and The Emergency Food Assistance Program: Implementation of the Agricultural Act of 2014

DEPARTMENT OF AGRICULTURE
Food and Nutrition Service

Federal Register Volume 81, Issue 118 (June 20, 2016)

Page Range		39869-39870
FR Document		2016-14498

This document contains corrections to the final rule published in the Federal Register on April 19, 2016, ``Requirements for the Distribution and Control of Donated Foods--The Emergency Food Assistance Program: Implementation of the Agricultural Act of 2014.''

Federal Register, Volume 81 Issue 118 (Monday, June 20, 2016)

[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)]
[Rules and Regulations]
[Pages 39869-39870]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14498]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules 
and Regulations

[[Page 39869]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 250 and 251

[FNS-2014-0040]
RIN 0584-AE29


Requirements for the Distribution and Control of Donated Foods 
and The Emergency Food Assistance Program: Implementation of the 
Agricultural Act of 2014

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

ACTION: Final rule; correction.

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

SUMMARY: This document contains corrections to the final rule published 
in the Federal Register on April 19, 2016, ``Requirements for the 
Distribution and Control of Donated Foods--The Emergency Food 
Assistance Program: Implementation of the Agricultural Act of 2014.''

DATES: This document is effective June 20, 2016.

FOR FURTHER INFORMATION CONTACT: Carolyn Smalkowski, Program Analyst, 
Policy Branch, Food Distribution Division, Food and Nutrition Service, 
3101 Park Center Drive, Room 500, Alexandria, Virginia 22302, or by 
telephone (703) 305-2680.

SUPPLEMENTARY INFORMATION: The Food and Nutrition Service published a 
final rule in the Federal Register, 81 FR 23086, on April 19, 2016, to 
amend Food Distribution regulations at 7 CFR part 250 and 7 CFR part 
251 to revise and clarify requirements to ensure that USDA donated 
foods are distributed, stored, and managed in the safest, most 
efficient, and cost-effective manner, at State and recipient agency 
levels. The final rule misstated the title of the rule and misspelled 
the word ``Territories'' in the title of 7 CFR part 250 of the 
regulatory text. This final rule correction resolves these errors by 
providing the correct title and regulatory text for 7 CFR part 250. 
This final rule correction also makes a technical correction in 7 CFR 
250.30(c)(1)(vi) by removing parts (A) and (B) and combining these 
sections to ensure readers clearly understand the requirements for 
processing contracts set forth in this section. All other information 
in the final rule remains unchanged.

Corrections

0
1. In the final rule title:
0
a. On page 23086, in the first column, revise the final rule subject 
heading.
    The revision reads as follows:

Requirements for the Distribution and Control of Donated Foods and The 
Emergency Food Assistance Program: Implementation of the Agricultural 
Act of 2014

0
2. In 7 CFR part 250, on page 23100, in the second column, revise the 
part heading to read as follows:

PART 250--DONATION OF FOODS FOR USE IN THE UNITED STATES, ITS 
TERRITORIES AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION

0
3. In Sec.  250.30:
0
a. On page 23110, in the second and third columns, remove (c)(1)(vi)(A) 
and (B).
0
b. On page 23110, in the second column, add a new instruction d1 to 
read as follows:
0
``d1. Redesignate paragraphs (c)(2) through (c)(4) as (c)(3) through 
(c)(5).''
0
c. On page 23110, in the second column, add a new instruction d2 to 
read as follows:
0
``d2. In paragraph (c)(1), remove the words ``(c)(3), (c)(4)(ii), and 
(c)(4)(viii)(B)'' and add in their place ``(c)(4), (c)(5)(ii), and 
(c)(5)(viii)(B).'' ''
0
d. On page 23110, in the second column, add a new instruction d3 to 
read as follows:
0
``d3. In paragraph (c)(1), remove the words ``(c)(4)(xi)'' and add in 
their place ``(c)(5)(xi).'' ''
0
e. On page 23110, in the second column, revise instructions 4e, 4f, and 
4g to read as follows:
0
``e. Amend newly redesignated paragraphs (c)(5)(iii) and (f)(1) by 
removing the reference ``Sec.  250.3'' and adding in its place the 
reference ``Sec.  250.2''.
0
f. Revise newly redesignated paragraphs (c)(5)(viii)(G) and (c)(4)(xi).
0
g. Remove newly redesignated paragraph (c)(5)(xiv) and redesignate 
newly redesignated paragraphs (c)(5)(xv) through (xviii) as paragraphs 
(c)(5)(xiv) through (xvii).''
0
f. On page 23110, in the third column, add new paragraph (c)(2).
0
g. On page 23110, in the second column, add a new instruction d4 to 
read as follows:
0
``d4. In newly redesignated paragraph (c)(5)(ii), remove the words 
``(c)(4)(iii)'' and add in their place ``(c)(5)(iii).''
    The addition reads as follows:


Sec.  250.30  State processing of donated foods.

* * * * *
    (c) * * *
    (2) These criteria will be reviewed by the appropriate FNS Regional 
Office during the management evaluation review of the distributing 
agency. Distributing agencies and subdistributing agencies which enter 
into contracts on behalf of recipient agencies but which do not limit 
the types of end products which can be sold or the number of processors 
which can sell end products within the State are not required to follow 
the selection criteria. In addition to utilizing these selection 
criteria, when a contracting agency enters into a contract both for the 
processing of donated food and the purchase of the end products 
produced from the donated food, the procurement standards set forth in 
2 CFR part 200, subpart D and Appendix II, Contract Provisions for Non-
Federal Entity Contracts Under Federal Awards and USDA implementing 
regulations at 2 CFR part 400 and Part 416 must be followed. Recipient 
agencies which purchase end products produced under Statewide 
agreements are also required to comply with 2 CFR part 200, subpart D 
and USDA implementing regulations at 2 CFR part 400 and Part 416. 
Contracting agencies shall not enter into contracts with processors 
which cannot demonstrate the ability to meet the terms and conditions 
of the regulations and the distributing agency agreements; furnish 
prior to the delivery of any donated foods for processing, a 
performance bond, an irrevocable letter of credit or an escrow account 
in an amount sufficient to protect the contract value of donated food 
on hand and on order; demonstrate the ability to

[[Page 39870]]

distribute end products to eligible recipient agencies; provide a 
satisfactory record of integrity, business ethics and performance and 
provide adequate storage.
* * * * *

    Dated: June 15, 2016.
Telora T. Dean,
Acting Administrator, Food and Nutrition Service.
[FR Doc. 2016-14498 Filed 6-17-16; 8:45 am]
 BILLING CODE 3410-30-P

39869

Rules and Regulations Federal Register
Vol. 81, No. 118

Monday, June 20, 2016

This section of the FEDERAL REGISTER correction resolves these errors by ■ f. Revise newly redesignated
contains regulatory documents having general providing the correct title and paragraphs (c)(5)(viii)(G) and (c)(4)(xi).
applicability and legal effect, most of which regulatory text for 7 CFR part 250. This ■ g. Remove newly redesignated
are keyed to and codified in the Code of final rule correction also makes a paragraph (c)(5)(xiv) and redesignate
Federal Regulations, which is published under technical correction in 7 CFR newly redesignated paragraphs
50 titles pursuant to 44 U.S.C. 1510. (c)(5)(xv) through (xviii) as paragraphs
250.30(c)(1)(vi) by removing parts (A)
The Code of Federal Regulations is sold by and (B) and combining these sections to (c)(5)(xiv) through (xvii).’’
the Superintendent of Documents. Prices of ensure readers clearly understand the ■ f. On page 23110, in the third column,
new books are listed in the first FEDERAL requirements for processing contracts add new paragraph (c)(2).
REGISTER issue of each week. set forth in this section. All other ■ g. On page 23110, in the second
information in the final rule remains column, add a new instruction d4 to
unchanged. read as follows:
DEPARTMENT OF AGRICULTURE ■ ‘‘d4. In newly redesignated paragraph
Corrections (c)(5)(ii), remove the words ‘‘(c)(4)(iii)’’
Food and Nutrition Service ■ 1. In the final rule title: and add in their place ‘‘(c)(5)(iii).’’
■ a. On page 23086, in the first column, The addition reads as follows:
7 CFR Parts 250 and 251 revise the final rule subject heading. § 250.30 State processing of donated
[FNS–2014–0040] The revision reads as follows: foods.
Requirements for the Distribution and * * * * *
RIN 0584–AE29
Control of Donated Foods and The (c) * * *
Requirements for the Distribution and Emergency Food Assistance Program: (2) These criteria will be reviewed by
Control of Donated Foods and The Implementation of the Agricultural Act the appropriate FNS Regional Office
Emergency Food Assistance Program: of 2014 during the management evaluation
Implementation of the Agricultural Act ■ 2. In 7 CFR part 250, on page 23100, review of the distributing agency.
of 2014 in the second column, revise the part Distributing agencies and
heading to read as follows: subdistributing agencies which enter
AGENCY: Food and Nutrition Service into contracts on behalf of recipient
(FNS), USDA. PART 250—DONATION OF FOODS agencies but which do not limit the
ACTION: Final rule; correction. FOR USE IN THE UNITED STATES, ITS types of end products which can be sold
TERRITORIES AND POSSESSIONS or the number of processors which can
SUMMARY: This document contains AND AREAS UNDER ITS sell end products within the State are
corrections to the final rule published in JURISDICTION not required to follow the selection
the Federal Register on April 19, 2016, criteria. In addition to utilizing these
‘‘Requirements for the Distribution and ■ 3. In § 250.30: selection criteria, when a contracting
Control of Donated Foods—The ■ a. On page 23110, in the second and agency enters into a contract both for
Emergency Food Assistance Program: third columns, remove (c)(1)(vi)(A) and the processing of donated food and the
Implementation of the Agricultural Act (B). purchase of the end products produced
of 2014.’’ ■ b. On page 23110, in the second
from the donated food, the procurement
DATES: This document is effective June column, add a new instruction d1 to
standards set forth in 2 CFR part 200,
20, 2016. read as follows:
■ ‘‘d1. Redesignate paragraphs (c)(2)
subpart D and Appendix II, Contract
FOR FURTHER INFORMATION CONTACT: Provisions for Non-Federal Entity
Carolyn Smalkowski, Program Analyst, through (c)(4) as (c)(3) through (c)(5).’’
■ c. On page 23110, in the second
Contracts Under Federal Awards and
Policy Branch, Food Distribution USDA implementing regulations at 2
column, add a new instruction d2 to
Division, Food and Nutrition Service, CFR part 400 and Part 416 must be
read as follows:
3101 Park Center Drive, Room 500, ■ ‘‘d2. In paragraph (c)(1), remove the followed. Recipient agencies which
Alexandria, Virginia 22302, or by words ‘‘(c)(3), (c)(4)(ii), and purchase end products produced under
telephone (703) 305–2680. (c)(4)(viii)(B)’’ and add in their place Statewide agreements are also required
SUPPLEMENTARY INFORMATION: The Food ‘‘(c)(4), (c)(5)(ii), and (c)(5)(viii)(B).’’ ’’ to comply with 2 CFR part 200, subpart
and Nutrition Service published a final ■ d. On page 23110, in the second D and USDA implementing regulations
rule in the Federal Register, 81 FR column, add a new instruction d3 to at 2 CFR part 400 and Part 416.
23086, on April 19, 2016, to amend read as follows: Contracting agencies shall not enter into
Food Distribution regulations at 7 CFR ■ ‘‘d3. In paragraph (c)(1), remove the contracts with processors which cannot
part 250 and 7 CFR part 251 to revise words ‘‘(c)(4)(xi)’’ and add in their place demonstrate the ability to meet the
and clarify requirements to ensure that ‘‘(c)(5)(xi).’’ ’’ terms and conditions of the regulations
asabaliauskas on DSK3SPTVN1PROD with RULES

USDA donated foods are distributed, ■ e. On page 23110, in the second and the distributing agency agreements;
stored, and managed in the safest, most column, revise instructions 4e, 4f, and furnish prior to the delivery of any
efficient, and cost-effective manner, at 4g to read as follows: donated foods for processing, a
State and recipient agency levels. The ■ ‘‘e. Amend newly redesignated performance bond, an irrevocable letter
final rule misstated the title of the rule paragraphs (c)(5)(iii) and (f)(1) by of credit or an escrow account in an
and misspelled the word ‘‘Territories’’ removing the reference ‘‘§ 250.3’’ and amount sufficient to protect the contract
in the title of 7 CFR part 250 of the adding in its place the reference value of donated food on hand and on
regulatory text. This final rule ‘‘§ 250.2’’. order; demonstrate the ability to

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39870 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

distribute end products to eligible (1) § 100.919 International Bay City unless authorized by the Coast Guard
recipient agencies; provide a satisfactory River Roar, Bay City, MI. patrol commander (PATCOM). The
record of integrity, business ethics and This special local regulation will be PATCOM may restrict vessel operation
performance and provide adequate enforced from 9 a.m. to 6 p.m. on June within the regulated area to vessels
storage. 25 and 26, 2016. A regulated area is having particular operating
* * * * * established to include all waters of the characteristics.
Saginaw River bounded on the north by Vessels permitted to enter this
Dated: June 15, 2016. the Liberty Bridge, located at 43°36.3′ regulated area must operate at a no-
Telora T. Dean, N., 083°53.4′ W., and bounded on the wake speed and in a manner that will
Acting Administrator, Food and Nutrition south by the Veterans Memorial Bridge, not endanger race participants or any
Service. located at 43°35.8′ N., 083°53.6′ W. In other craft.
[FR Doc. 2016–14498 Filed 6–17–16; 8:45 am] case of rain on any of the race days, this The PATCOM may direct the
BILLING CODE 3410–30–P special local regulation may be enforced anchoring, mooring, or movement of
an additional day on June 27, 2016 from any vessel within this regulated area. A
9 a.m. until 6 p.m. succession of sharp, short signals by
DEPARTMENT OF HOMELAND (2) § 100.914 Trenton Rotary Roar on whistle or horn from vessels patrolling
SECURITY the River, Trenton, MI. the area under the direction of the
This special local regulation will be PATCOM shall serve as a signal to stop.
Coast Guard enforced from 8 a.m. to 8 p.m. on July Vessels so signaled shall stop and shall
15, 16, and 17, 2016. The regulated area comply with the orders of the PATCOM.
33 CFR Part 100 is established to include all waters of Failure to do so may result in expulsion
the Detroit River, Trenton, Michigan, from the area, a Notice of Violation for
[Docket No. USCG–2016–0458] bounded by an east/west line beginning failure to comply, or both.
at a point of land at the northern end of If it is deemed necessary for the
RIN 1625–AA08
Elizabeth Park in Trenton, MI, located at protection of life and property, the
Regattas and Marine Parades; Great position 42°8.2′ N.; 083°10.6′ W., PATCOM may terminate at any time the
Lakes Annual Marine Events extending east to a point near the center marine event or the operation of any
of the Trenton Channel located at vessel within the regulated area.
AGENCY: Coast Guard, DHS. position 42°8.2′ N.; 083°10.4′ W., In accordance with the general
ACTION: Notice of enforcement of extending south along a north/south regulations in § 100.35 of this part, the
regulation. line to a point at the Grosse Ile Parkway Coast Guard will patrol the regatta area
Bridge located at position 42°7.7′ N.; under the direction of a designated
SUMMARY: The Coast Guard will enforce 083°10.5′ W., extending west along a Coast Guard Patrol Commander
various special local regulations for line bordering the Grosse Ile Parkway (PATCOM). The PATCOM may be
annual regattas and marine parades in Bridge to a point on land located at contacted on Channel 16 (156.8 MHz)
the Captain of the Port Detroit zone from position 42°7.7′ N.; 083°10.7′ W., and by the call sign ‘‘Coast Guard Patrol
June 25, 2016 through September 24, along the shoreline to the point of Commander.’’
2016. Enforcement of these regulations origin. This area is in the Trenton Under the provisions of 33 CFR
is necessary and intended to ensure Channel between Trenton and Grosse 100.928, vessels transiting within the
safety of life on the navigable waters Isle, MI. regulated area shall travel at a no-wake
immediately prior to, during, and (3) § 100.915 St. Clair River Classic speed and remain vigilant for event
immediately after these regattas or Offshore Race, St. Clair, MI. participants and safety craft.
marine parades. During the This special local regulation will be Additionally, vessels shall yield right-
aforementioned period, the Coast Guard enforced from 10 a.m. to 7 p.m. each of-way for event participants and event
will enforce restrictions upon, and day from July 25, 2015 through July 31, safety craft and shall follow directions
control movement of, vessels in a 2015. A regulated area is established to given by the Coast Guard’s on-scene
specified area immediately prior to, include all waters of the St. Clair River, representative or by event
during, and immediately after regattas St. Clair, Michigan, bounded by latitude representatives during the event.
or marine parades. 42°52′00″ N. to the north; latitude The ‘‘on-scene representative’’ of the
DATES: The regulations in 33 CFR 42°49′00″ N. to the south; the shoreline Captain of the Port Detroit is any Coast
100.914, 100.915, 100.919, and 100.928 of the St. Clair River on the west; and Guard commissioned, warrant, or petty
will be enforced at specified dates and the international boundary line on the officer who has been designated by the
times between June 25, 2016 and east. Captain of the Port Detroit to act on his
September 24, 2016. (4) § 100.928 Frogtown Race Regatta, behalf. The on-scene representative of
FOR FURTHER INFORMATION CONTACT: If Toledo, OH. the Captain of the Port Detroit will be
you have questions on this document, The special local regulation will be aboard either a Coast Guard or Coast
call or email Petty Officer Todd Manow, enforced from 5 a.m. to 7 p.m. on Guard Auxiliary vessel. The Captain of
Prevention Department, U.S. Coast September 24, 2016. This special local the Port, Sector Detroit or his designated
Guard Sector Detroit, 110 Mount Elliot regulation will encompass all navigable on scene representative may be
Ave., Detroit MI 48207; telephone waters of the United States on the contacted via VHF Channel 16.
Maumee River, Toledo, OH, from the The rules in this section shall not
(313)568–9580, email Todd.M.Manow@
asabaliauskas on DSK3SPTVN1PROD with RULES

Norfolk and Southern Railway Bridge at apply to vessels participating in the
uscg.mil.
River Mile 1.80 to the Anthony Wayne event or to government vessels
SUPPLEMENTARY INFORMATION: The Coast Bridge at River Mile 5.16. patrolling the regulated area in the
Guard will enforce the following special performance of their assigned duties.
local regulations listed in 33 CFR part Special Local Regulations This document is issued under
100, Safety of Life on Navigable Waters, In accordance with § 100.901, entry authority of 33 CFR 100.35 and 5 U.S.C.
on the following dates and times, which into, transiting, or anchoring within 552(a). If the Captain of the Port
are listed in chronological order: these regulated areas is prohibited determines that any of these special

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Document Created: 2016-06-18 00:09:30
Document Modified: 2016-06-18 00:09:30

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; correction.
Dates		This document is effective June 20, 2016.
Contact		Carolyn Smalkowski, Program Analyst, Policy Branch, Food Distribution Division, Food and Nutrition Service, 3101 Park Center Drive, Room 500, Alexandria, Virginia 22302, or by telephone (703) 305-2680.
FR Citation		81 FR 39869
RIN Number		0584-AE29
CFR Citation		7 CFR 250 7 CFR 251

81 FR 39869 - Requirements for the Distribution and Control of Donated Foods and The Emergency Food Assistance Program: Implementation of the Agricultural Act of 2014

DEPARTMENT OF AGRICULTUREFood and Nutrition Service

Federal Register Volume 81, Issue 118 (June 20, 2016)

DEPARTMENT OF AGRICULTURE
Food and Nutrition Service