81_FR_75894 81 FR 75683 - Requirements for the Distribution and Control of Donated Foods and the Emergency Food Assistance Program: Implementation of the Agricultural Act of 2014

81 FR 75683 - 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 211 (November 1, 2016)

Page Range75683-75684
FR Document2016-26329

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 211 (Tuesday, November 1, 2016) 
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Rules and Regulations]
[Pages 75683-75684]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26329]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 250

[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: Correcting amendments.

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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 November 1, 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 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. This final rule 
correction makes a technical correction in 7 CFR 250.30(c)(2) by 
correcting the prior amendatory instructions to allow the paragraph at 
(c)(2) to publish in the CFR in lieu of a ``reserved'' paragraph. All 
other information in the final rule remains unchanged.

List of Subjects in 7 CFR Part 250

    Disaster assistance, Food assistance programs, Grant programs--
social programs, Reporting and recordkeeping requirements.

    Accordingly, 7 CFR part 250 is corrected by making the following 
correcting amendments:

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

0
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.

0
2. In Sec.  250.30, add paragraph (c)(2) to read 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

[[Page 75684]]

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

    Dated: October 24, 2016.
Telora T. Dean,
Acting Administrator, Food and Nutrition Service.
[FR Doc. 2016-26329 Filed 10-31-16; 8:45 am]
 BILLING CODE 3410-30-P

Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations 75683 * * * * * DEPARTMENT OF AGRICULTURE correction in 7 CFR 250.30(c)(2) by (o) Offer versus serve. (1) Each adult correcting the prior amendatory Food and Nutrition Service instructions to allow the paragraph at day care center and at-risk afterschool program must offer its participants all of (c)(2) to publish in the CFR in lieu of a 7 CFR Part 250 ‘‘reserved’’ paragraph. All other the required food servings as set forth in [FNS–2014–0040] information in the final rule remains paragraphs (c)(1) and (c)(2) of this unchanged. section. However, at the discretion of RIN 0584–AE29 the adult day care center or at-risk List of Subjects in 7 CFR Part 250 afterschool program, participants may Requirements for the Distribution and Disaster assistance, Food assistance be permitted to decline: Control of Donated Foods and the programs, Grant programs—social (i) For adults. (A) One of the four food Emergency Food Assistance Program: programs, Reporting and recordkeeping items required at breakfast (one serving Implementation of the Agricultural Act requirements. of 2014 Accordingly, 7 CFR part 250 is of fluid milk; one serving of vegetable or fruit, or a combination of both; and two AGENCY: Food and Nutrition Service corrected by making the following servings of grains, or meat or meat (FNS), USDA. correcting amendments: alternates); ACTION: Correcting amendments. PART 250—DONATION OF FOODS (B) Two of the five food components FOR USE IN THE UNITED STATES, ITS required at lunch (fluid milk; SUMMARY: This document contains TERRITIORIES AND POSSESSIONS corrections to the final rule published in vegetables; fruit; grain; and meat or meat AND AREAS UNDER ITS the Federal Register on April 19, 2016, alternate); and JURISDICTION ‘‘Requirements for the Distribution and (C) One of the four food components Control of Donated Foods—The ■ 1. The authority citation for part 250 required at supper (vegetables; fruit; Emergency Food Assistance Program: continues to read as follows: grain; and meat or meat alternate). Implementation of the Agricultural Act Authority: 5 U.S.C. 301; 7 U.S.C. 612c, (ii) For children. Two of the five food of 2014.’’ 612c note, 1431, 1431b, 1431e, 1431 note, components required at supper (fluid DATES: This document is effective 1446a–1, 1859, 2014, 2025; 15 U.S.C. 713c; milk; vegetables; fruit; grain; and meat November 1, 2016. 22 U.S.C. 1922; 42 U.S.C. 1751, 1755, 1758, or meat alternate). 1760, 1761, 1762a, 1766, 3030a, 5179, 5180. FOR FURTHER INFORMATION CONTACT: Carolyn Smalkowski, Program Analyst, ■ 2. In § 250.30, add paragraph (c)(2) to (2) In pricing programs, the price of read as follows: the reimbursable meal must not be Policy Branch, Food Distribution affected if a participant declines a food Division, Food and Nutrition Service, § 250.30 State processing of donated item. 3101 Park Center Drive, Room 500, foods. Alexandria, Virginia 22302, or by * * * * * * * * * * telephone (703) 305–2680. (c) * * * Dated: October 24, 2016. SUPPLEMENTARY INFORMATION: The Food (2) These criteria will be reviewed by Telora T. Dean, and Nutrition Service published a final the appropriate FNS Regional Office Acting Administrator, Food and Nutrition rule in the Federal Register, 81 FR during the management evaluation Service. 23086, on April 19, 2016, to amend review of the distributing agency. [FR Doc. 2016–26339 Filed 10–31–16; 8:45 am] Food Distribution regulations at 7 CFR Distributing agencies and jstallworth on DSK7TPTVN1PROD with RULES BILLING CODE 3410–30–P part 250 to revise and clarify subdistributing agencies which enter requirements to ensure that USDA into contracts on behalf of recipient donated foods are distributed, stored agencies but which do not limit the and managed in the safest, most types of end products which can be sold efficient and cost-effective manner, at or the number of processors which can State and recipient agency levels. This sell end products within the State are ER01NO16.151</GPH> final rule correction makes a technical not required to follow the selection VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\01NOR1.SGM 01NOR1

75684 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations criteria. In addition to utilizing these installed. AD 2013–02–06 required 01803; phone: 781–238–7157; fax: 781– selection criteria, when a contracting initial and repetitive borescope 238–7199; email: martin.adler@faa.gov. agency enters into a contract both for inspections (BSI) and removal from SUPPLEMENTARY INFORMATION: the processing of donated food and the service of these nozzles before further purchase of the end products produced flight if one or more burn holes were Discussion from the donated food, the procurement detected in any HPT stage 2 nozzle On January 15, 2013, we issued AD standards set forth in 2 CFR part 200, segment. AD 2013–02–06 also required 2013–02–06, Amendment 39–17327 (78 subpart D and Appendix II, Contract removal from service of these HPT stage FR 5710, January 28, 2013), (‘‘AD 2013– Provisions for Non-Federal Entity 2 nozzle segments at the next engine 02–06’’), for all Engine Alliance GP7270 Contracts Under Federal Awards and shop visit. This AD requires the same and GP7277 turbofan engines with an USDA implementing regulations at 2 inspections as AD–2013–02–06, requires HPT stage 2 nozzle, P/N 2101M24G01, CFR part 400 and part 416 must be removal of affected HPT stage 2 nozzles 2101M24G02, or 2101M24G03, followed. Recipient agencies which at next piece-part exposure, and adds installed. AD 2013–02–06 required purchase end products produced under certain P/Ns to the applicability. This initial and repetitive BSIs and removal Statewide agreements are also required AD was prompted by another report of from service of these nozzles before to comply with 2 CFR part 200, subpart inadequate cooling of the HPT stage 1 further flight if any burn holes were D and USDA implementing regulations shroud and stage 2 nozzle, leading to detected in the affected nozzles. AD at 2 CFR part 400 and part 416. damage to the HPT stage 2 nozzle, burn- 2013–02–06 also required removal from Contracting agencies shall not enter into through of the turbine case, and in-flight service of the affected nozzles at the contracts with processors which cannot shutdown. We are issuing this AD to next engine shop visit. AD 2013–02–06 demonstrate the ability to meet the prevent HPT stage 2 nozzle failure, resulted from a report of inadequate terms and conditions of the regulations uncontrolled fire, in-flight shutdown, cooling of the HPT stage 2 nozzle, and the distributing agency agreements; and damage to the airplane. leading to damage to the HPT stage 2 furnish prior to the delivery of any DATES: This AD is effective November nozzle, burn-through of the turbine case, donated foods for processing, a 16, 2016. and in-flight shutdown. We issued AD performance bond, an irrevocable letter We must receive any comments on 2013–02–06 to prevent HPT stage 2 of credit or an escrow account in an this AD by December 16, 2016. nozzle failure, uncontrolled fire, in- amount sufficient to protect the contract ADDRESSES: You may send comments, flight shutdown, and damage to the value of donated food on hand and on using the procedures found in 14 CFR airplane. order; demonstrate the ability to 11.43 and 11.45, by any of the following Actions Since AD 2013–02–06 Was distribute end products to eligible methods: Issued recipient agencies; provide a satisfactory • Federal eRulemaking Portal: Go to record of integrity, business ethics and Since we issued AD 2013–02–06, we http://www.regulations.gov. Follow the performance and provide adequate received another report of inadequate instructions for submitting comments. storage. cooling of the HPT stage 1 shroud and • Fax: 202–493–2251. stage 2 nozzle, leading to damage to the * * * * * • Mail: U.S. Department of HPT stage 2 nozzle, burn-through of the Dated: October 24, 2016. Transportation, Docket Operations, M– turbine case, and in-flight shutdown. Telora T. Dean, 30, West Building Ground Floor, Room This event occurred with HPT stage 2 Acting Administrator, Food and Nutrition W12–140, 1200 New Jersey Avenue SE., nozzle, P/N 2101M24G04, 2101M24G05, Service. Washington, DC 20590. • Hand Delivery: U.S. Department of or 2101M24G06 installed. Investigation [FR Doc. 2016–26329 Filed 10–31–16; 8:45 am] Transportation, Docket Operations, M– revealed that the event was caused by BILLING CODE 3410–30–P 30, West Building Ground Floor, Room damage to the HPT stage 2 nozzle due W12–140, 1200 New Jersey Avenue SE., to inadequate part cooling. We are Washington, DC 20590, between 9 a.m. issuing this AD to prevent HPT stage 2 DEPARTMENT OF TRANSPORTATION and 5 p.m., Monday through Friday, nozzle failure, uncontrolled fire, in- except Federal holidays. flight shutdown, and damage to the Federal Aviation Administration airplane. Examining the AD Docket 14 CFR Part 39 Related Service Information You may examine the AD docket on We reviewed EA Service Bulletins [Docket No. FAA–2012–1293; Directorate the Internet at http:// Identifier 2012–NE–45–AD; Amendment 39– EAGP7–72–190, dated December 6, www.regulations.gov by searching for 18700; AD 2016–22–11] 2012 and EAGP7–72–262, Revision No. and locating Docket No. FAA–2012– 5, dated December 18, 2015. This RIN 2120–AA64 1293; or in person at the Docket service information describes Management Facility between 9 a.m. Airworthiness Directives; Engine procedures for inspecting the HPT stage and 5 p.m., Monday through Friday, Alliance Turbofan Engines 2 nozzle segments. except Federal holidays. The AD docket AGENCY: Federal Aviation contains this AD, the regulatory FAA’s Determination Administration (FAA), DOT. evaluation, any comments received, and We are issuing this AD because we other information. The street address for evaluated all the relevant information ACTION: Final rule; request for the Docket Office (phone: 800–647– and determined the unsafe condition comments. jstallworth on DSK7TPTVN1PROD with RULES 5527) is in the ADDRESSES section. described previously is likely to exist or SUMMARY: We are superseding Comments will be available in the AD develop in other products of the same airworthiness directive (AD) 2013–02– docket shortly after receipt. type design. 06 for all Engine Alliance (EA) GP7270 FOR FURTHER INFORMATION CONTACT: and GP7277 turbofan engines with Martin Adler, Aerospace Engineer, AD Requirements certain part number (P/N) high-pressure Engine & Propeller Directorate, FAA, This AD requires initial and repetitive turbine (HPT) stage 2 nozzle segments 1200 District Avenue, Burlington, MA BSIs of the HPT stage 1 shroud and HPT VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\01NOR1.SGM 01NOR1


Document Created: 2016-11-01 02:36:27
Document Modified: 2016-11-01 02:36:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionCorrecting amendments.
DatesThis document is effective November 1, 2016.
ContactCarolyn 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 Citation81 FR 75683 
RIN Number0584-AE29
CFR AssociatedDisaster Assistance; Food Assistance Programs; Grant Programs-Social Programs and Reporting and Recordkeeping Requirements
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