83 FR 9447 - Hiring Flexibility Under Professional Standards

DEPARTMENT OF AGRICULTURE
Food and Nutrition Service

Federal Register Volume 83, Issue 44 (March 6, 2018)

Page Range		9447-9451
FR Document		2018-04233

This proposed rule would add four flexibilities to the hiring standards for new school nutrition program directors in small local educational agencies (LEAs) and new school nutrition program State directors under the professional standards regulations for the National School Lunch and School Breakfast Programs. First, to address the hiring challenge faced by small LEAs, those with 2,499 or fewer students, this rule would require relevant food service experience rather than school nutrition program experience for new directors. Second, it would provide State agencies with discretion to consider volunteer or unpaid work as relevant food service experience for new school nutrition program directors in small LEAs. Third, to further assist LEAs with less than 500 students, this proposed rule would expand the existing regulatory flexibility which gives State agencies discretion to accept less than the required years of food service experience when an applicant for a new director position has the minimum required education. Fourth, this rule would also add flexibility to the hiring standards for State directors of school nutrition programs by considering applicants with either a bachelor's or a master's degree in specific, relevant fields. These proposed changes are expected to expand the pool of candidates qualified to serve as leaders in the school nutrition programs while continuing to ensure that school nutrition professionals are able to perform their duties effectively and efficiently.

Federal Register, Volume 83 Issue 44 (Tuesday, March 6, 2018)

[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Proposed Rules]
[Pages 9447-9451]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-04233]

========================================================================
Proposed Rules
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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

Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 /
Proposed Rules

[[Page 9447]]

DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 210 and 235

[FNS-2017-0039]
RIN 0584-AE60

Hiring Flexibility Under Professional Standards

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

ACTION: Proposed rule.

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

SUMMARY: This proposed rule would add four flexibilities to the hiring
standards for new school nutrition program directors in small local
educational agencies (LEAs) and new school nutrition program State
directors under the professional standards regulations for the National
School Lunch and School Breakfast Programs. First, to address the
hiring challenge faced by small LEAs, those with 2,499 or fewer
students, this rule would require relevant food service experience
rather than school nutrition program experience for new directors.
Second, it would provide State agencies with discretion to consider
volunteer or unpaid work as relevant food service experience for new
school nutrition program directors in small LEAs. Third, to further
assist LEAs with less than 500 students, this proposed rule would
expand the existing regulatory flexibility which gives State agencies
discretion to accept less than the required years of food service
experience when an applicant for a new director position has the
minimum required education. Fourth, this rule would also add
flexibility to the hiring standards for State directors of school
nutrition programs by considering applicants with either a bachelor's
or a master's degree in specific, relevant fields. These proposed
changes are expected to expand the pool of candidates qualified to
serve as leaders in the school nutrition programs while continuing to
ensure that school nutrition professionals are able to perform their
duties effectively and efficiently.

DATES: Written comments must be received on or before May 7, 2018 to be
assured of consideration.

ADDRESSES: The Food and Nutrition Service, USDA, invites interested
persons to submit written comments on this proposed rule. Comments may
be submitted in writing by one of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Send comments to School Programs Branch, Policy and
Program Development Division, Food and Nutrition Service, 3101 Park
Center Drive, 12th Floor, Alexandria, Virginia 22302.
All written comments submitted in response to this proposed rule
will be included in the record and will be made available to the
public. Please be advised that the substance of the comments and the
identity of the individuals or entities submitting the comments will be
subject to public disclosure. FNS will make the written comments
publicly available on the internet via http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Tina Namian, Chief, School Programs
Branch, Policy and Program Development Division, Food and Nutrition
Service, 3101 Park Center Drive, 12th Floor, Alexandria, Virginia
22302; 703-305-2590.

SUPPLEMENTARY INFORMATION: On July 1, 2015, FNS implemented
professional standards for school nutrition personnel who manage and
operate the National School Lunch Program (NSLP) and School Breakfast
Program (SBP), as required by the final rule Professional Standards for
State and Local School Nutrition Programs Personnel as Required by the
Healthy, Hunger-Free Kids Act of 2010 (80 FR 11077) and section 7(g) of
the Child Nutrition Act of 1966 (42 U.S.C. 1776(g)). The professional
standards consist of hiring and training standards as follows:
Hiring standards for new school nutrition program
directors of school food authorities (SFAs). These hiring standards,
established at 7 CFR 210.30(b)(1)(i), (ii) and (iii), are based on
student enrollment for three local educational agency (LEA) sizes:
2,499 students or less; 2,500-9,999 students; and 10,000 or more
students.
Hiring standards for new State directors of school
nutrition programs and new State directors of distributing agencies.
These hiring standards are established at 7 CFR 235.11(g)(1) and (2),
respectively.
Annual training hours for all State directors of school
nutrition programs and all State directors of distributing agencies
(established at 7 CFR 235.11(g)(3) and (4)); and annual training hours
for all local school nutrition program personnel--directors (at 7 CFR
210.30(b)(3)), managers (at 7 CFR 210.30(c)), and staff (at 7 CFR
210.30(d)).
The professional standards are intended to ensure that school
nutrition professionals who manage and operate the NSLP and SBP have
adequate knowledge and training to meet program requirements. Requiring
proper qualifications to serve in the NSLP and SBP is expected to
improve the quality of school meals, reduce errors, and enhance program
integrity.

School Nutrition Program Directors

As explained earlier, at the local level, the hiring standards are
based on the LEA size. To facilitate recruitment and hiring of new SFA
directors in small LEAs with less than 500 students, current
regulations at 7 CFR 210.30(b)(1)(i)(D) give State agencies discretion
to allow the hiring of a new school nutrition program director who
holds a high school diploma but less than the required three years of
school nutrition program experience.
Since implementation of the professional standards in 2015, FNS has
received multiple inquiries from State agencies on behalf of SFAs that
are facing challenges with the hiring standards applicable to LEAs with
500 to 2,499 students. The majority of the inquiries and/or waiver
requests received by FNS originated in the Mountain Plains Region,
which includes States with small LEAs such as those in rural and/or in
Tribal communities. These small LEAs often have difficulty recruiting
new school nutrition program directors with previous school nutrition
program experience, as currently required by the professional standards
regulations.
The current regulations at 7 CFR 210.30(b)(1)(i) require from one
to three

[[Page 9448]]

years of prior school nutrition program experience, depending on the
level of education attained by the new director. Applicants with an
associate's degree, or the equivalent, in a relevant field are required
to have at least one year of relevant school nutrition program
experience. Applicants with a high school diploma, or the equivalent,
are required to have at least three years of relevant school nutrition
program experience. School nutrition program experience is not required
for new directors with: (1) A bachelor's degree or higher with a
specific academic major in food and nutrition, food service management,
dietetics, family and consumer sciences, nutrition education, culinary
arts, business, or a related field; or (2) a bachelor's degree with any
academic major or area of concentration and a State-recognized
certificate for school nutrition directors.
Informal input received by FNS at State agency meetings and through
other State agency contacts reveals that SFAs operating in small LEAs,
particularly those in rural or less populated areas, often struggle to
find applicants with school nutrition program experience. In the school
meal programs, there are approximately 6,500 LEAs with an enrollment
between 500-2,499 students, which represents about 36 percent of the
LEA population nationwide. These small LEAs are found in States across
the nation, including California, Colorado, Iowa, Montana, New Mexico,
South Dakota, and Wisconsin. For example, within the last two years,
six SFAs in one State agency were diligent in advertising director
vacancies but were not able to hire new directors with the required
school nutrition program experience due to the limited pool of
applicants in the local labor market. Most applicants in these small
LEAs have acquired relevant food service experience by working as
managers or chefs at local restaurants and healthcare facilities. If a
SFA hires a new director without the required education or school
nutrition program experience, in violation of program requirements, the
SFA is not permitted to use funds from the non-profit school food
service account, which includes NSLP and SBP reimbursements, to pay the
salary of the director at issue. This fiscal impact could jeopardize a
SFA's financial viability and ability to participate in the NSLP and
SBP.
To assist these SFAs with this challenge and provide more local
control over hiring decisions that reflect their unique labor markets,
FNS proposes the following changes to the hiring standards at 7 CFR
210.30(b)(1)(i) for LEAs with 2,499 students or less:
Remove the school nutrition program experience requirement
for new directors, and instead require relevant food service experience
for this LEA size only;
Provide State agencies the discretion to consider
applicants' volunteer or unpaid food service experience on a case-by-
case basis. This optional flexibility is expected to be particularly
useful for small LEAs, such as charter and Tribal schools; and
In small LEAs with less than 500 students, provide the
State agency discretion to approve the hire of a director who has less
than the required years of food service experience, provided that the
applicant has the minimum education specified in the hiring standards
for LEAs with 2,499 students or less.
These proposed flexibilities are intended to provide LEAs with
2,499 students or less increased access to a larger pool of applicants
with relevant food service experience gained inside or outside the
NSLP/SBP and applicable to the director's position. This food service
experience could be either in a paid food service position (e.g.,
restaurant manager or cook) or could be gained in an unpaid food
service position (e.g., an unpaid apprenticeship/internship program or
as a volunteer food service work in a community organization, such as a
homeless shelter). The flexibility to consider unpaid experience, which
is available at the discretion of the State agency on a case-by-case
basis, acknowledges that in small communities there are few employment
opportunities in food service but residents often volunteer to manage
food service activities for civic and community organizations. Upon
implementation of this proposed rule, an applicant with paid and/or
unpaid experience managing the food service at a healthcare facility,
restaurant, civic/community organization, or other type of
establishment could be considered for a director's position, provided
that the applicant also has the required education.
To provide additional assistance to small LEAs with less than 500
students, this proposed rule would modify the current optional
flexibility at 7 CFR 210.30(b)(1)(i)(D), which provides State agencies
discretion to allow an SFA to hire a new school nutrition program
director with a high school diploma and less than the required years of
experience. This proposed rule would allow the State agency to apply
this optional flexibility to address hiring issues in LEAs with less
than 500 students if an applicant has either a high school diploma, an
associate's degree, or a bachelor's degree but less than the required
years of food service experience. Ideally, a new program director in
this situation would have some paid or unpaid food service experience.
By expanding the existing optional flexibility at Sec.
210.30(b)(1)(i)(D) to include other educational levels, FNS affirms its
commitment to provide small LEAs with less than 500 students more local
control to address their unique hiring challenges.
Based on the inquiries, waiver requests, and anecdotal input from
State agencies, FNS understands that these proposed flexibilities would
be helpful for LEAs with 2,499 students or less, such as rural and
Tribal schools, residential child care institutions, and charter
schools. It is important to stress that these proposed flexibilities
only address the specialized experience requirement at 7 CFR
210.30(b)(1)(i) and would not affect the number of years of experience
required, which ranges from one to three years based on the level of
education of the new director, except in specific situations where the
State agency may use its discretion to assist an LEA with less than 500
students (as explained earlier).
Also, although this proposed rule would remove the specialized
experience requirement for new SFA directors in LEAs with 2,499
students or less, hiring a new school nutrition program director with
school nutrition program experience is a best practice. Minimizing the
learning curve helps contribute to a smooth transition during a
personnel change, especially at this level of program administration.
Otherwise, significant State agency support and guidance would be
essential during the first year to ensure that the new director is able
to manage the SFA's meal service as required by program regulations.
Additionally, the Orientation to School Nutrition Management Seminar
and other training resources from the Institute of Child Nutrition are
available to help a new director who has little or no program
experience conduct the day-to-day operations of the NSLP and SBP
successfully.
This proposed rule would not amend the school nutrition program
experience requirement for new directors in larger LEAs, those with
2,500 students or more. Operational experience since implementation of
the professional standards in 2015 has not revealed issues with the
experience requirement for larger LEAs, which are often located in
large towns or cities in urban areas. FNS understands that such LEAs,
which have a more complex school food service operation, generally have
access

[[Page 9449]]

to a more robust pool of applicants. Therefore, specific school
nutrition program experience would remain in place for new directors in
LEAs with 2,500 students or more, as required under 7 CFR
210.30(b)(1)(ii) and (iii).

State Directors

At the State agency level, the professional standards consist of
hiring standards for new State directors of school nutrition programs,
hiring standards for new directors of distributing agencies, and annual
training standards for new and current State directors. These
requirements are established at 7 CFR 235.11(g).
FNS is proposing to allow flexibility in the hiring standards for
new State directors of school nutrition programs to attract a larger
number of professionals qualified to lead and manage the school
nutrition programs statewide. For a new State director of school
nutrition programs, the current regulations at 7 CFR 235.11(g)(1)(i)
require a bachelor's degree with an academic major in food and
nutrition, food service management, dietetics, family and consumer
sciences, nutrition education, culinary arts, business, or a related
field. A master's degree in one of the specified fields is strongly
preferred.
To accommodate applicants who have a master's degree in one of the
specified fields but a bachelor's degree in a non-related field, FNS
proposes to add a master's degree in a relevant field to the basic
qualifications listed in 7 CFR 235.11(g)(1)(i). This is intended to
help ensure that highly educated individuals are not unintentionally
prevented from serving as State director of school nutrition programs.
Adding a master's degree in a relevant field to the basic
qualifications acknowledges that many professionals change careers and
gain relevant experience through advanced education in areas relevant
to school nutrition. For example, a State agency supervisor who has a
bachelor's degree in political science and a master's degree in
nutrition education or public administration could be considered to
serve as a State director of school nutrition programs.
Accordingly, this proposed rule would add more flexibility to the
hiring standards in 7 CFR 210.30(b)(1)(i) for new LEA-level school
nutrition program directors, and in 7 CFR 235.11(g)(1)(i) for new
statewide school nutrition program directors to expand the pool of
candidates qualified to serve in the school nutrition programs. FNS
invites public comments on the specific flexibilities addressed in this
proposed rule. Public comments will be extremely helpful in the
development of the final rule.

Procedural Matters

Executive Order 12866 and 13563

Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This proposed rule promotes flexibility in the hiring
standards for State and local school nutrition personnel but has no
measurable costs or benefits. This rule has been determined to be not
significant and was not reviewed by the Office of Management and Budget
(OMB) in conformance with Executive Order 12866.
Regulatory Impact Analysis
This rule has been designated as not significant by the Office of
Management and Budget; therefore, no Regulatory Impact Analysis is
required.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601-612) requires Agencies
to analyze the impact of rulemaking on small entities and consider
alternatives that would minimize any significant impacts on a
substantial number of small entities. Pursuant to that review, it has
been certified that this rule would not have a significant impact on a
substantial number of small entities. This proposed rule would not have
an adverse impact on small entities in the National School Lunch
Program and School Breakfast Program rather it would ease program
operations by adding flexibility in the hiring standards for new
directors in small local educational agencies and new directors of
State agencies.
Impact: The provisions of this proposed rule would apply to LEAs
with 2,499 students or less, and to State agencies operating the
National School Lunch Program and School Breakfast Program. These
entities meet the definitions of ``small governmental jurisdiction''
and ``small entity'' in the Regulatory Flexibility Act. These entities
would be able to quickly benefit from the hiring flexibilities proposed
in this rule.

Executive Order 13771

This proposed rule is an E.O. 13771 deregulatory action that seeks
to ease the professional standards regulations for State directors of
school nutrition programs and for school nutrition program directors in
small LEAs with 2,499 students or less, which are often found in rural
communities facing labor market challenges. This rule addresses hiring
challenges identified by the State agencies that administer the Child
Nutrition Programs. It would add flexibility to hiring standards by
expanding the range of allowable education for new State directors, and
the range of allowable food service experience for new local directors
in small LEAs.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, the
Department generally must prepare a written statement, including a cost
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures by State, local or Tribal
governments, in the aggregate, or the private sector, of $100 million
or more in any one year. When such a statement is needed for a rule,
Section 205 of the UMRA generally requires the Department to identify
and consider a reasonable number of regulatory alternatives and adopt
the most cost effective or least burdensome alternative that achieves
the objectives of the rule.
This proposed rule does not contain Federal mandates (under the
regulatory provisions of Title II of the UMRA) for State, local and
Tribal governments or the private sector of $100 million or more in any
one year. Thus, the rule is not subject to the requirements of sections
202 and 205 of the UMRA.

Executive Order 12372

The National School Lunch Program and School Breakfast Program are
listed in the Catalog of Federal Domestic Assistance under Number
10.555 and Number 10.553, respectively, and are subject to Executive
Order 12372, which requires intergovernmental consultation with State
and local officials. (See 2 CFR chapter IV.) Since the Child Nutrition
Programs are State-administered, USDA's Food and Nutrition Service
(FNS) Regional Offices have formal and informal discussions with State
and local officials, including representatives of Indian Tribal
Organizations, on an

[[Page 9450]]

ongoing basis regarding program requirements and operation. Discussions
also take place in response to technical assistance requests submitted
by the State agencies to the FNS Regional Offices. This regular
interaction with State and local operators provides FNS valuable input
that informs rulemaking. Based on the inquiries and waiver requests
from the State agencies disclosing challenges with the professional
standards regulations, FNS is proposing specific flexibilities to
address the requirement issues in a manner that promotes program
efficiency and effectiveness.

Federalism Summary Impact Statement

Executive Order 13132 requires Federal agencies to consider the
impact of their regulatory actions on State and local governments.
Where such actions have federalism implications, agencies are directed
to provide a statement for inclusion in the preamble to the regulations
describing the agency's considerations in terms of the three categories
called for under Section (6)(b)(2)(B) of Executive Order 13121.
The Department has considered the impact of this rule on State and
local governments and has determined that this rule does not have
federalism implications. Therefore, under section 6(b) of the Executive
Order, a federalism summary is not required.

Executive Order 12988, Civil Justice Reform

This proposed 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
and timely implementation. This rule is not intended to have
retroactive effect. Prior to any judicial challenge to the provisions
of this rule, all applicable administrative procedures must be
exhausted.

Civil Rights Impact Analysis

FNS has reviewed this proposed rule in accordance with USDA
Regulation 4300-4, ``Civil Rights Impact Analysis,'' to identify any
major civil rights impacts the rule might have on Program participants
on the basis of age, race, color, national origin, sex or disability.
After a careful review of the rule's intent and provisions, FNS has
determined that this rule is not expected to affect the participation
of protected individuals in the National School Lunch Program and
School Breakfast Program, or limit the ability of protected classes of
individuals to serve as new directors in LEAs and State agencies. The
provisions of this proposed rule would add flexibility to the existing
hiring standards for new directors in order to address difficulties
faced by program operators in finding qualified applicants.

Executive Order 13175

Executive Order 13175 requires Federal agencies to consult and
coordinate with Tribes on a government-to-government basis on policies
that have Tribal implications, including regulations, legislative
comments or proposed legislation, and other policy statements or
actions that have substantial direct effects on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes. FNS will notify Tribal
leaders about this proposed rule to encourage public comments, and
intends to brief Tribal leaders at one of the quarterly consultations
or conference calls scheduled by the Office of Tribal Relations.
FNS has assessed the impact of this proposed rule on Indian tribes
and determined that this rule does not, to our knowledge, have negative
Tribal implications that require Tribal consultation under E.O. 13175.
If a Tribe requests consultation on this rule, FNS will work with the
Office of Tribal Relations to ensure meaningful consultation is
provided where changes, additions and modifications identified herein
are not expressly mandated by Congress. We are unaware of any current
Tribal laws that could be in conflict with the proposed provisions of
this rule and anticipate that the proposed hiring flexibilities will
benefit Tribal schools.
When implemented, the flexibilities provided by this rule are
expected to increase the pool of candidates qualified to serve as new
directors of school nutrition programs in small LEAs. This is expected
to benefit Tribal communities, which often experience difficulty
attracting qualified school nutrition personnel.

Paperwork Reduction Act

The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; 5 CFR
1320) requires the Office of Management and Budget (OMB) approve all
collections of information by a Federal agency before they can be
implemented. Respondents are not required to respond to any collection
of information unless it displays a current valid OMB control number.
The provisions of this proposed rule do not contain information
collection requirements subject to approval by the Office of Management
and Budget under the Paperwork Reduction Act of 1995.

E-Government Act Compliance

The Department is committed to complying with the E-Government Act,
to promote the use of the internet and other information technologies
to provide increased opportunities for citizen access to Government
information and services, and for other purposes.

List of Subjects

7 CFR Part 210

Children, Commodity school program, Food assistance programs, Grant
programs--health, Grant programs--education, School breakfast and lunch
programs, Nutrition, Reporting and recordkeeping requirements.

7 CFR Part 235

Administrative practice and procedure, Food assistance programs,
Grant programs--health, Grant programs--education, School breakfast and
lunch programs, Nutrition, Reporting and recordkeeping requirements.

Accordingly, 7 CFR parts 210 and 235 are proposed to be amended as
follows:

PART 210--NATIONAL SCHOOL LUNCH PROGRAM

0
1. The authority citation for part 210 continues to read as follows:

Authority: 42 U.S.C. 1751-1760, 1779.

0
2. Amend Sec. 210.30 by:
0
a. Revising paragraph (b)(1)(i) and;
0
b. In the table to paragraph (b)(2), in the column under the heading
``Student enrollment 2,499 or less'', removing the words ``school
nutrition program experience'' wherever they appear and adding in their
place the words ``food service experience''.

Sec. 210.30 School nutrition program professional standards.

* * * * *
(b) * * *
(1) * * *
(i) School nutrition program directors with local educational
agency enrollment of 2,499 students or fewer. Directors must meet the
requirements in either paragraph (b)(1)(i)(A), (B), (C), or (D) of this
section.
(A) A bachelor's degree, or equivalent educational experience, with
an academic major or concentration in food and nutrition, food service
management,

[[Page 9451]]

dietetics, family and consumer sciences, nutrition education, culinary
arts, business, or a related field;
(B) A bachelor's degree, or equivalent educational experience, with
any academic major or area of concentration, and either a State-
recognized certificate for school nutrition directors or at least one
year of relevant food service experience. At the discretion of the
State agency, and on a case-by-case basis, the relevant food service
experience may be unpaid;
(C) An associate's degree, or equivalent educational experience,
with an academic major or area of concentration in food and nutrition,
food service management, dietetics, family and consumer sciences,
nutrition education, culinary arts, business, or a related field and at
least one year of relevant food service experience. At the discretion
of the State agency, and on a case-by-case basis, the relevant food
service experience may be unpaid; or
(D) A high school diploma or equivalency (such as the general
educational development diploma), and at least three years of relevant
food service experience. At the discretion of the State agency, and on
a case-by-case basis, the relevant food service experience may be
unpaid. Directors hired under this criterion are strongly encouraged to
work toward attaining an associate's degree in an academic major in the
fields listed in paragraph (b)(1)(i).
(E) For a local educational agency with less than 500 students, the
State agency has discretion to approve the hire of a director who meets
one of the educational criteria in paragraph (b)(1)(i)(A)-(D) but has
less than the required years of relevant food service experience.
* * * * *

PART 235--STATE ADMINISTRATIVE EXPENSE FUNDS

0
3. The authority citation for part 235 continues to read as follows:

Authority: Secs. 7 and 10 of the Child Nutrition Act of 1966, 80
Stat. 888, 889, as amended (42 U.S.C. 1776, 1779).

Sec. 235.11 [Amended]

0
4. In paragraph (g)(1)(i), add at the end the words ``or a bachelor's
degree with any academic major and a master's degree with an academic
major in areas including food and nutrition, food service management,
dietetics, family and consumer sciences, nutrition education, culinary
arts, business, or a related field;'' and in paragraph (g)(1)(iv)(A),
remove the words ``Master's degree'' and add in their place the words
``Both a bachelor's degree and a master's degree''.

Dated: January 16, 2018.
Brandon Lipps,
Administrator, Food and Nutrition Service.
[FR Doc. 2018-04233 Filed 3-5-18; 8:45 am]
BILLING CODE 3410-30-P

9448 Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Proposed Rules

years of prior school nutrition program • Remove the school nutrition degree, or a bachelor’s degree but less
experience, depending on the level of program experience requirement for than the required years of food service
education attained by the new director. new directors, and instead require experience. Ideally, a new program
Applicants with an associate’s degree, relevant food service experience for this director in this situation would have
or the equivalent, in a relevant field are LEA size only; some paid or unpaid food service
required to have at least one year of • Provide State agencies the experience. By expanding the existing
relevant school nutrition program discretion to consider applicants’ optional flexibility at § 210.30(b)(1)(i)(D)
experience. Applicants with a high volunteer or unpaid food service to include other educational levels, FNS
school diploma, or the equivalent, are experience on a case-by-case basis. This affirms its commitment to provide small
required to have at least three years of optional flexibility is expected to be LEAs with less than 500 students more
relevant school nutrition program particularly useful for small LEAs, such local control to address their unique
experience. School nutrition program as charter and Tribal schools; and hiring challenges.
experience is not required for new • In small LEAs with less than 500 Based on the inquiries, waiver
directors with: (1) A bachelor’s degree students, provide the State agency requests, and anecdotal input from State
or higher with a specific academic major discretion to approve the hire of a agencies, FNS understands that these
in food and nutrition, food service director who has less than the required proposed flexibilities would be helpful
management, dietetics, family and years of food service experience, for LEAs with 2,499 students or less,
consumer sciences, nutrition education, provided that the applicant has the such as rural and Tribal schools,
culinary arts, business, or a related field; minimum education specified in the residential child care institutions, and
or (2) a bachelor’s degree with any hiring standards for LEAs with 2,499 charter schools. It is important to stress
academic major or area of concentration students or less. that these proposed flexibilities only
and a State-recognized certificate for These proposed flexibilities are address the specialized experience
school nutrition directors. intended to provide LEAs with 2,499 requirement at 7 CFR 210.30(b)(1)(i) and
Informal input received by FNS at students or less increased access to a would not affect the number of years of
State agency meetings and through other larger pool of applicants with relevant experience required, which ranges from
State agency contacts reveals that SFAs food service experience gained inside or one to three years based on the level of
operating in small LEAs, particularly outside the NSLP/SBP and applicable to education of the new director, except in
those in rural or less populated areas, the director’s position. This food service specific situations where the State
often struggle to find applicants with experience could be either in a paid agency may use its discretion to assist
school nutrition program experience. In food service position (e.g., restaurant an LEA with less than 500 students (as
the school meal programs, there are manager or cook) or could be gained in explained earlier).
approximately 6,500 LEAs with an an unpaid food service position (e.g., an Also, although this proposed rule
enrollment between 500–2,499 students, unpaid apprenticeship/internship would remove the specialized
which represents about 36 percent of program or as a volunteer food service experience requirement for new SFA
the LEA population nationwide. These work in a community organization, such directors in LEAs with 2,499 students or
small LEAs are found in States across as a homeless shelter). The flexibility to less, hiring a new school nutrition
the nation, including California, consider unpaid experience, which is program director with school nutrition
Colorado, Iowa, Montana, New Mexico, available at the discretion of the State program experience is a best practice.
South Dakota, and Wisconsin. For agency on a case-by-case basis, Minimizing the learning curve helps
example, within the last two years, six acknowledges that in small contribute to a smooth transition during
SFAs in one State agency were diligent communities there are few employment a personnel change, especially at this
in advertising director vacancies but opportunities in food service but level of program administration.
were not able to hire new directors with residents often volunteer to manage Otherwise, significant State agency
the required school nutrition program food service activities for civic and support and guidance would be
experience due to the limited pool of community organizations. Upon essential during the first year to ensure
applicants in the local labor market. implementation of this proposed rule, that the new director is able to manage
Most applicants in these small LEAs an applicant with paid and/or unpaid the SFA’s meal service as required by
have acquired relevant food service experience managing the food service at program regulations. Additionally, the
experience by working as managers or a healthcare facility, restaurant, civic/ Orientation to School Nutrition
chefs at local restaurants and healthcare community organization, or other type Management Seminar and other training
facilities. If a SFA hires a new director of establishment could be considered for resources from the Institute of Child
without the required education or a director’s position, provided that the Nutrition are available to help a new
school nutrition program experience, in applicant also has the required director who has little or no program
violation of program requirements, the education. experience conduct the day-to-day
SFA is not permitted to use funds from To provide additional assistance to operations of the NSLP and SBP
the non-profit school food service small LEAs with less than 500 students, successfully.
account, which includes NSLP and SBP this proposed rule would modify the This proposed rule would not amend
reimbursements, to pay the salary of the current optional flexibility at 7 CFR the school nutrition program experience
director at issue. This fiscal impact 210.30(b)(1)(i)(D), which provides State requirement for new directors in larger
could jeopardize a SFA’s financial agencies discretion to allow an SFA to LEAs, those with 2,500 students or
viability and ability to participate in the hire a new school nutrition program more. Operational experience since
jstallworth on DSKBBY8HB2PROD with PROPOSALS

NSLP and SBP. director with a high school diploma and implementation of the professional
To assist these SFAs with this less than the required years of standards in 2015 has not revealed
challenge and provide more local experience. This proposed rule would issues with the experience requirement
control over hiring decisions that reflect allow the State agency to apply this for larger LEAs, which are often located
their unique labor markets, FNS optional flexibility to address hiring in large towns or cities in urban areas.
proposes the following changes to the issues in LEAs with less than 500 FNS understands that such LEAs, which
hiring standards at 7 CFR 210.30(b)(1)(i) students if an applicant has either a have a more complex school food
for LEAs with 2,499 students or less: high school diploma, an associate’s service operation, generally have access

VerDate Sep<11>2014 15:05 Mar 05, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\06MRP1.SGM 06MRP1

9450 Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Proposed Rules

ongoing basis regarding program classes of individuals to serve as new number. The provisions of this
requirements and operation. directors in LEAs and State agencies. proposed rule do not contain
Discussions also take place in response The provisions of this proposed rule information collection requirements
to technical assistance requests would add flexibility to the existing subject to approval by the Office of
submitted by the State agencies to the hiring standards for new directors in Management and Budget under the
FNS Regional Offices. This regular order to address difficulties faced by Paperwork Reduction Act of 1995.
interaction with State and local program operators in finding qualified
operators provides FNS valuable input applicants. E-Government Act Compliance
that informs rulemaking. Based on the The Department is committed to
Executive Order 13175
inquiries and waiver requests from the complying with the E-Government Act,
State agencies disclosing challenges Executive Order 13175 requires to promote the use of the internet and
with the professional standards Federal agencies to consult and other information technologies to
regulations, FNS is proposing specific coordinate with Tribes on a provide increased opportunities for
flexibilities to address the requirement government-to-government basis on citizen access to Government
issues in a manner that promotes policies that have Tribal implications, information and services, and for other
program efficiency and effectiveness. including regulations, legislative purposes.
comments or proposed legislation, and
Federalism Summary Impact Statement other policy statements or actions that List of Subjects
Executive Order 13132 requires have substantial direct effects on one or 7 CFR Part 210
Federal agencies to consider the impact more Indian Tribes, on the relationship
of their regulatory actions on State and between the Federal Government and Children, Commodity school program,
local governments. Where such actions Indian Tribes, or on the distribution of Food assistance programs, Grant
have federalism implications, agencies power and responsibilities between the programs—health, Grant programs—
are directed to provide a statement for Federal Government and Indian Tribes. education, School breakfast and lunch
inclusion in the preamble to the FNS will notify Tribal leaders about this programs, Nutrition, Reporting and
regulations describing the agency’s proposed rule to encourage public recordkeeping requirements.
considerations in terms of the three comments, and intends to brief Tribal 7 CFR Part 235
categories called for under Section leaders at one of the quarterly
consultations or conference calls Administrative practice and
(6)(b)(2)(B) of Executive Order 13121. procedure, Food assistance programs,
The Department has considered the scheduled by the Office of Tribal
Relations. Grant programs—health, Grant
impact of this rule on State and local
FNS has assessed the impact of this programs—education, School breakfast
governments and has determined that
proposed rule on Indian tribes and and lunch programs, Nutrition,
this rule does not have federalism
determined that this rule does not, to Reporting and recordkeeping
implications. Therefore, under section
our knowledge, have negative Tribal requirements.
6(b) of the Executive Order, a federalism
summary is not required. implications that require Tribal Accordingly, 7 CFR parts 210 and 235
consultation under E.O. 13175. If a are proposed to be amended as follows:
Executive Order 12988, Civil Justice Tribe requests consultation on this rule,
Reform FNS will work with the Office of Tribal PART 210—NATIONAL SCHOOL
This proposed rule has been reviewed Relations to ensure meaningful LUNCH PROGRAM
under Executive Order 12988, Civil consultation is provided where changes, ■ 1. The authority citation for part 210
Justice Reform. This rule is intended to additions and modifications identified continues to read as follows:
have preemptive effect with respect to herein are not expressly mandated by
any State or local laws, regulations or Congress. We are unaware of any Authority: 42 U.S.C. 1751–1760, 1779.
policies which conflict with its current Tribal laws that could be in ■ 2. Amend § 210.30 by:
provisions or which would otherwise conflict with the proposed provisions of ■ a. Revising paragraph (b)(1)(i) and;
impede its full and timely this rule and anticipate that the ■ b. In the table to paragraph (b)(2), in
implementation. This rule is not proposed hiring flexibilities will benefit the column under the heading ‘‘Student
intended to have retroactive effect. Prior Tribal schools. enrollment 2,499 or less’’, removing the
to any judicial challenge to the When implemented, the flexibilities words ‘‘school nutrition program
provisions of this rule, all applicable provided by this rule are expected to experience’’ wherever they appear and
administrative procedures must be increase the pool of candidates qualified adding in their place the words ‘‘food
exhausted. to serve as new directors of school service experience’’.
nutrition programs in small LEAs. This
Civil Rights Impact Analysis § 210.30 School nutrition program
is expected to benefit Tribal
FNS has reviewed this proposed rule communities, which often experience professional standards.
in accordance with USDA Regulation difficulty attracting qualified school * * * * *
4300–4, ‘‘Civil Rights Impact Analysis,’’ nutrition personnel. (b) * * *
to identify any major civil rights (1) * * *
impacts the rule might have on Program Paperwork Reduction Act (i) School nutrition program directors
participants on the basis of age, race, The Paperwork Reduction Act of 1995 with local educational agency
jstallworth on DSKBBY8HB2PROD with PROPOSALS

color, national origin, sex or disability. (44 U.S.C. Chap. 35; 5 CFR 1320) enrollment of 2,499 students or fewer.
After a careful review of the rule’s intent requires the Office of Management and Directors must meet the requirements in
and provisions, FNS has determined Budget (OMB) approve all collections of either paragraph (b)(1)(i)(A), (B), (C), or
that this rule is not expected to affect information by a Federal agency before (D) of this section.
the participation of protected they can be implemented. Respondents (A) A bachelor’s degree, or equivalent
individuals in the National School are not required to respond to any educational experience, with an
Lunch Program and School Breakfast collection of information unless it academic major or concentration in food
Program, or limit the ability of protected displays a current valid OMB control and nutrition, food service management,

VerDate Sep<11>2014 15:05 Mar 05, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\06MRP1.SGM 06MRP1

Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Proposed Rules 9451

dietetics, family and consumer sciences, the words ‘‘Both a bachelor’s degree and also available for inspection at the
nutrition education, culinary arts, a master’s degree’’. National Archives and Records
business, or a related field; Dated: January 16, 2018. Administration (NARA). For
(B) A bachelor’s degree, or equivalent Brandon Lipps,
information on the availability of FAA
educational experience, with any Order 7400.11B at NARA, call (202)
Administrator, Food and Nutrition Service.
academic major or area of concentration, 741–6030, or go to http://
[FR Doc. 2018–04233 Filed 3–5–18; 8:45 am]
and either a State-recognized certificate www.archives.gov/federal-register/cfr/
BILLING CODE 3410–30–P ibr-locations.html.
for school nutrition directors or at least
one year of relevant food service FAA Order 7400.11, Airspace
experience. At the discretion of the Designations and Reporting Points, is
State agency, and on a case-by-case DEPARTMENT OF TRANSPORTATION published yearly and effective on
basis, the relevant food service September 15.
Federal Aviation Administration
experience may be unpaid; FOR FURTHER INFORMATION CONTACT:
(C) An associate’s degree, or 14 CFR Part 71 Jeffrey Claypool, Federal Aviation
equivalent educational experience, with Administration, Operations Support
an academic major or area of [Docket No. FAA–2018–0087; Airspace Group, Central Service Center, 10101
concentration in food and nutrition, Docket No. 18–AGL–3] Hillwood Parkway, Fort Worth, TX
food service management, dietetics, 76177; telephone (817) 222–5711.
Proposed Amendment of Class E
family and consumer sciences, nutrition SUPPLEMENTARY INFORMATION:
Airspace; Mineral Point, WI
education, culinary arts, business, or a
related field and at least one year of AGENCY: Federal Aviation Authority for This Rulemaking
relevant food service experience. At the Administration (FAA), DOT. The FAA’s authority to issue rules
discretion of the State agency, and on a ACTION: Notice of proposed rulemaking regarding aviation safety is found in
case-by-case basis, the relevant food (NPRM). Title 49 of the United States Code.
service experience may be unpaid; or Subtitle I, Section 106 describes the
(D) A high school diploma or SUMMARY: This action proposes to authority of the FAA Administrator.
equivalency (such as the general amend Class E airspace designated as a Subtitle VII, Aviation Programs,
educational development diploma), and surface area at Iowa County Airport, describes in more detail the scope of the
at least three years of relevant food Mineral Point, WI, by removing the part- agency’s authority. This rulemaking is
service experience. At the discretion of time language from the airspace promulgated under the authority
the State agency, and on a case-by-case description. The FAA is proposing this described in Subtitle VII, Part A,
basis, the relevant food service action to change the status from part- Subpart I, Section 40103. Under that
experience may be unpaid. Directors time to full-time at the request of section, the FAA is charged with
hired under this criterion are strongly Chicago Air Route Traffic Control prescribing regulations to assign the use
encouraged to work toward attaining an Center (ARTCC). This action would also of airspace necessary to ensure the
associate’s degree in an academic major make an editorial change to the airspace safety of aircraft and the efficient use of
in the fields listed in paragraph (b)(1)(i). description by removing the city from airspace. This regulation is within the
the airport name. scope of that authority as it would
(E) For a local educational agency
with less than 500 students, the State DATES: Comments must be received on amend Class E airspace designated as a
agency has discretion to approve the or before April 20, 2018. surface area at Iowa County Airport,
hire of a director who meets one of the ADDRESSES: Send comments on this Mineral Point, WI, to support
educational criteria in paragraph proposal to the U.S. Department of instrument flight rule operations.
(b)(1)(i)(A)–(D) but has less than the Transportation, Docket Operations,
Comments Invited
required years of relevant food service West Building Ground Floor, Room
experience. W12–140, 1200 New Jersey Avenue SE, Interested parties are invited to
Washington, DC 20590; telephone (202) participate in this proposed rulemaking
* * * * *
366–9826, or (800) 647–5527. You must by submitting such written data, views,
PART 235—STATE ADMINISTRATIVE identify FAA Docket No. FAA–2018– or arguments, as they may desire.
EXPENSE FUNDS 0087; Airspace Docket No. 18–AGL–3, Comments that provide the factual basis
at the beginning of your comments. You supporting the views and suggestions
■ 3. The authority citation for part 235 may also submit comments through the presented are particularly helpful in
continues to read as follows: internet at http://www.regulations.gov. developing reasoned regulatory
Authority: Secs. 7 and 10 of the Child You may review the public docket decisions on the proposal. Comments
Nutrition Act of 1966, 80 Stat. 888, 889, as containing the proposal, any comments are specifically invited on the overall
amended (42 U.S.C. 1776, 1779). received, and any final disposition in regulatory, aeronautical, economic,
person in the Dockets Office between environmental, and energy-related
§ 235.11 [Amended] 9:00 a.m. and 5:00 p.m., Monday aspects of the proposal.
■ 4. In paragraph (g)(1)(i), add at the end through Friday, except federal holidays. Communications should identify both
the words ‘‘or a bachelor’s degree with FAA Order 7400.11B, Airspace docket numbers and be submitted in
any academic major and a master’s Designations and Reporting Points, and triplicate to the address listed above.
jstallworth on DSKBBY8HB2PROD with PROPOSALS

degree with an academic major in areas subsequent amendments can be viewed Commenters wishing the FAA to
including food and nutrition, food online at http://www.faa.gov/air_traffic/ acknowledge receipt of their comments
service management, dietetics, family publications/. For further information, on this notice must submit with those
and consumer sciences, nutrition you can contact the Airspace Policy comments a self-addressed, stamped
education, culinary arts, business, or a Group, Federal Aviation postcard on which the following
related field;’’ and in paragraph Administration, 800 Independence statement is made: ‘‘Comments to
(g)(1)(iv)(A), remove the words Avenue SW, Washington, DC 20591; Docket No. FAA–2018–0087; Airspace
‘‘Master’s degree’’ and add in their place telephone: (202) 267–8783. The Order is Docket No. 18–AGL–3.’’ The postcard

VerDate Sep<11>2014 15:05 Mar 05, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\06MRP1.SGM 06MRP1

Document Created: 2018-11-01 08:49:17
Document Modified: 2018-11-01 08:49:17

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		Proposed Rules
Action		Proposed rule.
Dates		Written comments must be received on or before May 7, 2018 to be assured of consideration.
Contact		Tina Namian, Chief, School Programs Branch, Policy and Program Development Division, Food and Nutrition Service, 3101 Park Center Drive, 12th Floor, Alexandria, Virginia 22302; 703-305-2590.
FR Citation		83 FR 9447
RIN Number		0584-AE60
CFR Citation		7 CFR 210 7 CFR 235
CFR Associated		Children; Commodity School Program; Food Assistance Programs; Grant Programs-Health; Grant Programs-Education; School Breakfast and Lunch Programs; Nutrition; Reporting and Recordkeeping Requirements and Administrative Practice and Procedure

83 FR 9447 - Hiring Flexibility Under Professional Standards

DEPARTMENT OF AGRICULTUREFood and Nutrition Service

Federal Register Volume 83, Issue 44 (March 6, 2018)

DEPARTMENT OF AGRICULTURE
Food and Nutrition Service