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.

Rules and Regulations Federal Register

22785 

Vol. 76, No. 79 

Monday, April 25, 2011 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

7 CFR Part 12 

[Docket No. NRCS–2011–0010] 

RIN 0578–AA58 

Wetland Conservation 

AGENCY: Office of the Secretary, United 

States Department of Agriculture 

(USDA). 

ACTION: Final rule. 

SUMMARY: The United States Department 

of Agriculture is removing obsolete 

provisions from the Code of Federal 

Regulations. This action removes 

provisions concerning the Natural 

Resources Conservation Service’s 

(NRCS) coordination responsibilities. 

DATES: Effective Date: The rule is 

effective April 25, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Terrell Erickson, Director, Ecological 

Sciences Division, U.S. Department of 

Agriculture, Natural Resources 

Conservation Service, Room 6819, 

South Building, P.O. Box 2890, 

Washington, DC 20013–2890; Phone: 

(202) 720–5992; Fax: (202) 720–2646; or 

E-mail: Terrell.erickson1@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Regulatory Certifications 

Executive Orders 

This document does not meet the 

criteria for a significant regulatory 

action as specified by E.O. 12866. This 

action also has no federalism or tribal 

implications, and will not impose 

substantial unreimbursed compliance 

costs on States, local governments, or 

Indian tribal governments. Therefore, 

impact statements are not required 

under E.O. 13132 or 13175. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act is not 

applicable to this rule because neither 

the Secretary of Agriculture nor NRCS is 

required by 5 U.S.C. 553 or any other 

law to publish a notice of proposed 

rulemaking for the subject matter of this 

rule. 

Environmental Evaluation 

This rule will have no significant 

effect on the human environment and is 

categorically exempt under 7 CFR 

1b.3(a)(6); therefore, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

Paperwork Reduction Act 

This rule does not contain reporting 

or recordkeeping requirements subject 

to the Paperwork Reduction Act. 

Background 

Existing wetland conservation 

provisions in 7 CFR part 12 require that 

NRCS’ certification of a wetland 

determination be completed according 

to procedures agreed to by the Army 

Corps of Engineers (COE), the 

Environmental Protection Agency 

(EPA), and the U.S. Fish and Wildlife 

Service. In 1994, the Departments of 

Agriculture and the Interior, the Army, 

and the Environmental Protection 

Agency entered into a Memorandum of 

Agreement (MOA) concerning the 

delineation of wetlands for purposes of 

Section 404 of the Clean Water Act 

(CWA) and Title XII of the Food 

Security Act of 1985 (FSA). The MOA 

was developed to streamline the 

wetland delineation process on 

agricultural lands, to promote 

consistency between the CWA and the 

FSA, and to provide predictability and 

simplification for USDA program 

participants. However, subsequent 

amendments to FSA and court decisions 

made the MOA and parts of 7 CFR 12.30 

no longer applicable, and USDA and 

COE withdrew from the MOA in 

January 2005. 

1996 amendments to FSA eliminated 

the concept of ‘‘abandonment’’ for prior 

converted (PC) cropland. As a result, 

land may be considered non-wetland for 

FSA compliance purposes, but 

considered wetland for CWA purposes. 

2002 amendments to FSA prohibit 

NRCS from sharing confidential 

producer information, including 

geospatial information, to agencies 

outside USDA. This prohibits NRCS 

from providing wetland delineations 

and determinations to the COE and EPA 

for CWA permitting and enforcement. 

Finally, as a result of U.S. Supreme 

Court decisions, a wetland may be 

subject to FSA Compliance, but no 

longer regulated by the COE for CWA 

purposes. These inconsistencies in 

jurisdiction do not allow the two 

agencies to have consistent wetland 

determinations. 

List of Subjects in 7 CFR Part 12 

Administrative practices and 

procedures, Soil conservation, 

Wetlands. 

For the reasons stated in the 

preamble, USDA amends part 12 of Title 

7 of the Code of Federal Regulations as 

set forth below: 

PART 12—HIGHLY ERODIBLE AND 

WETLAND CONSERVATION 

■ 1. The authority citation for part 12 

continues to read as follows: 

Authority: 16 U.S.C. 3801 et seq. 

Subpart C—Wetland Conservation 

§ 12.30 [Amended] 

■ 2. In § 12.30, remove paragraph (a)(8) 

and remove the second sentence from 

paragraph (c)(1). 

Signed in Washington, DC, on April 5, 

2011. 

Thomas J. Vilsack, 

Secretary. 

[FR Doc. 2011–9870 Filed 4–22–11; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Parts 210, 215, 220, 225, 226 and 

245 

[FNS–2008–0001] 

RIN 0584–AD60 

Direct Certification and Certification of 

Homeless, Migrant and Runaway 

Children for Free School Meals 

AGENCY: Food and Nutrition Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 


jdjones on DSKHWCL6B1PROD with RULES
22786 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 

1While the Food, Conservation and Energy 

Security Act of 2008, Public Law 110–234, renamed 

the Food Stamp Program as the Supplemental 

Nutrition Assistance Program, historical references 

are to the Food Stamp Program, reflecting the 

Reauthorization Act’s language. 2The NSLA was renamed in 1999. 

SUMMARY: This rule amends the 

regulations affecting the determination 

of children’s eligibility for free meals 

under the National School Lunch 

Program and the School Breakfast 

Program by direct certification and 

categorical eligibility. Conforming 

changes and miscellaneous technical 

changes are also made, as appropriate, 

for the Special Milk Program for 

Children, the Child and Adult Care 

Food Program and the Summer Food 

Service Program. The Child Nutrition 

and WIC Reauthorization Act of 2004 

(Reauthorization Act) amended the 

Richard B. Russell National School 

Lunch Act to require local educational 

agencies to conduct direct certification 

in conjunction with the Food Stamp 

Program, which is now called the 

Supplemental Nutrition Assistance 

Program (SNAP). Under the direct 

certification process, a local educational 

agency obtains documentation of a 

child’s receipt of SNAP benefits from 

the State or local SNAP office. This rule 

also incorporates provisions from the 

Reauthorization Act concerning the 

certification of certain children who are 

homeless, runaway, or migratory. 

This rule affects State agencies 

administering SNAP and the Child 

Nutrition Programs; local offices 

administering SNAP; local program 

operators that administer the School 

Nutrition Programs; and low income 

households with school age children. 

The rule is intended to improve school 

meal program access for low-income 

children, reduce paperwork for 

households and program administrators, 

and improve the integrity of the free and 

reduced price meal certification process. 

DATES: Effective date: This rule is 

effective June 24, 2011. Comment dates: 

Comments on rule provisions: Mailed 

comments on the provisions in this rule 

must be postmarked on or before 

October 24, 2011; e-mailed or faxed 

comments must be submitted by 11:59 

p.m. on October 24, 2011; and handdelivered comments must be received 

by 5 p.m. October 24, 2011 to be assured 

of consideration. 

Comments on Paperwork Reduction 

Act requirements: Comments on the 

information collection requirements 

associated with this rule must be 

received by June 24, 2011. 

ADDRESSES: The Food and Nutrition 

Service (FNS) invites interested persons 

to submit comments on this interim 

rule. Comments may be submitted by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Fax: (703) 305–2879, attention Julie 

Brewer. 

• Mail: Julie Brewer, Chief, Policy 

and Program Development Branch, 

Child Nutrition Division, Food and 

Nutrition Service, Department of 

Agriculture, 3101 Park Center Drive, 

Room 640, Alexandria, Virginia 22302– 

1594. 

• Hand Delivery or Courier: Deliver 

comments to 3101 Park Center Drive, 

Room 640, Alexandria, Virginia 22302– 

1594, during normal business hours of 

8:30 a.m.–5 p.m. 

All submissions received in response 

to this interim rule will be included in 

the record and will be available to the 

public. Please be advised that the 

substance of the comments and the 

identity of the individuals or entities 

submitting comments will be subject to 

public disclosure. FNS may also make 

the comments publicly available by 

posting a copy of all comments on 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Address any questions to Julie Brewer, 

Chief, Policy and Program Development 

Branch, Child Nutrition Division, Food 

and Nutrition Service, Department of 

Agriculture, 3101 Park Center Drive, 

Alexandria, VA 22302 or by telephone 

at 703–305–2590. A regulatory costbenefit analysis was completed for this 

rule. It will be available at http:// 

www.regulations.gov as part of the 

docket history for this interim rule. 

SUPPLEMENTARY INFORMATION: The 

Reauthorization Act (Pub. L. 108–265; 

June 30, 2004) phased-in mandatory 

direct certification provisions with the 

Food Stamp Program 1 and made 

children participating in certain other 

programs categorically eligible for free 

school meals. In order to provide 

readers with a chronological account of 

direct certification, this preamble begins 

with a history of direct certification 

which includes a discussion of the 

relevant changes made in the 

Reauthorization Act. These amendments 

are intended to streamline the 

certification and verification processes 

by reducing paperwork for both program 

administrators and households by 

eliminating the need for submission of 

free and reduced priced meal 

applications by these households. 

This rule is being issued as an interim 

rule as authorized by section 501(b) of 

the Reauthorization Act and because of 

the specific implementation dates 

therein. The Reauthorization Act also 

required that regulations be 

promulgated within two years of 

enactment which was 2006. In order to 

accommodate the statutory deadlines 

imposed for fully phasing-in direct 

certification with SNAP and to provide 

access to free meals to children newly 

added as categorically eligible, the 

Department implemented the nondiscretionary provisions in the 

Reauthorization Act through guidance 

as discussed below. In addition, by 

issuing the guidance, the Department 

complied with the implementation 

requirements established in 501(a) of 

the Reauthorization Act. The delay in 

issuing this interim rule enabled the 

Department to develop it using data 

from the direct certification reports to 

Congress as well as address issues 

raised by State and local agencies about 

the direct certification process as 

implemented. The Department strongly 

supports providing any opportunity for 

public comment from interested parties, 

which is afforded through the interim 

rule process. Changes resulting from 

comments and from experience based 

on the interim rule would be 

implemented through a future final rule. 

I. History 

Eligibility Determinations 

Until 1981 to receive free and reduced 

price meals or free milk for their 

children, households were required by 

statute to complete an application for 

free or reduced price meals or for free 

milk, providing income and household 

size information. The Omnibus Budget 

Reconciliation Act of 1981, Public Law 

97–35, amended the Richard B. Russell 

National School Lunch Act (NSLA) 2 to 

include a number of changes to the free 

and reduced price meal eligibility 

process. One of those changes allowed 

submission of documentation showing 

participation in the Food Stamp 

Program. This was implemented by 

permitting households certified to 

receive benefits under the Food Stamp 

Program to provide their case number to 

schools in lieu of completing income 

information on the free and reduced 

price meal application. Thus, children 

who are members of households 

certified to receive food stamp benefits 

are ‘‘categorically eligible’’ for free 

school meals. 

The School Lunch and Child 

Nutrition Amendments of 1986, Public 

Law 99–661, made further amendments 

to the NSLA to mandate categorical 

eligibility for free meals and a 

simplified verification of eligibility 


jdjones on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 22787 

3The Personal Responsibility and Work 

Opportunity Reconciliation Act of 1996, Public Law 

104–193, later replaced the AFDC program with the 

Temporary Assistance for Needy Families (TANF) 

Program. Please note that categorical eligibility for 

recipients of TANF is subject to the limitation in 

section 9(b)(12)(A)(ii) of the NSLA, 42 U.S.C. 

1758(b)(1)(A)(ii) concerning eligibility standards 

that were comparable to or more restrictive than 

those in effect on June 1, 1995. This qualification 

will not be repeated in other references to TANF 

in this preamble. 

4All other regulatory citations in this preamble 

shall be considered references to Title 7, Code of 

Federal Regulations, unless otherwise indicated. 

process for children in food stamp 

households and children in Aid to 

Families with Dependent Children 

(AFDC) 3 assistance units. Since the 

regulations had already been amended 

to allow simplified application and 

verification procedures for food stamp 

households, the regulations were 

revised to extend these provisions to 

AFDC households. 

The Child Nutrition and WIC 

Reauthorization Act of 1989, Public Law 

101–147, again amended the NSLA to 

respond to concerns expressed by 

program operators regarding the volume 

of paperwork associated with the Child 

Nutrition Programs. The NSLA 

authorized school officials to certify 

children eligible for free meals, without 

further application, based on 

documentation obtained directly from 

the appropriate State or local agency 

that the children are part of households 

receiving assistance under the Food 

Stamp Program or AFDC Program. This 

certification process is commonly 

referred to as ‘‘direct certification.’’ 

Because the Food Distribution 

Program on Indian Reservations (FDPIR) 

is authorized by section 4 of the Food 

and Nutrition Act of 2008, 7 U.S.C. 

2013, the same law authorizing SNAP, 

formerly the Food Stamp Program, and 

because eligible households on and near 

reservations have the option of 

participating in either SNAP or FDPIR, 

the Department extended the provisions 

on categorical eligibility and direct 

certification to include FDPIR 

households. 

Reauthorization Act 2004 Changes 

In 2004, the Reauthorization Act 

made several amendments to the NSLA 

to improve the integrity of the free and 

reduced price meal certification and 

verification processes, without 

hindering access of low-income 

children. Section 104 of the 

Reauthorization Act added section 

9(b)(4) to the NSLA, 42 U.S.C. 

1758(b)(4) to require local educational 

agencies to directly certify, without 

further application, any child who is a 

member of a household receiving 

benefits under SNAP. To facilitate this 

requirement, an agreement between the 

State agency administering SNAP and 

the State agency or agencies 

administering the school meals 

programs is required. The required 

direct certification with SNAP is in 

addition to the previous and still 

existing optional authority for direct 

certification with TANF and FDPIR. 

In accordance with the 

Reauthorization Act, the requirement to 

directly certify children receiving 

benefits under SNAP was phased-in 

based on the enrollment of the local 

educational agency as follows— 

The provision was effective as follows For school districts with enrollments of 

At least in school year 

July 1, 2006 ................................................................................................................................................ 25,000 students* 2005–2006 

July 1, 2007 ................................................................................................................................................ 10,000 students* 2006–2007 

July 1, 2008 ................................................................................................................................................ All local educational agencies. 

* From prior year’s October data collection as required under 7 CFR 210.8(c)(2).4

In addition, the 2004 Reauthorization 

Act included provisions making 

children who are homeless, runaway, or 

migratory, as determined by the 

homeless coordinator for homeless or 

runaway children or by officials of the 

Migrant Education Program (MEP) for 

migratory children, categorically eligible 

for free meals, effective July 1, 2004. To 

ensure that the affected children could 

access free meal benefits as quickly as 

possible, the Department issued 

guidance to implement these statutory 

provisions. The pertinent memoranda 

are: 

• July 19, 2004—Categorical 

Eligibility for Free Lunches and 

Breakfasts of Runaway, Homeless, and 

Migrant Youth: Reauthorization 2004 

Implementation Memo SP 4; 

• August 16, 2004—Categorical 

Eligibility for Free Lunches and 

Breakfasts for Migrant Children; and 

• September 17, 2004—Guidance on 

Determining Categorical Eligibility for 

Free Lunches and Breakfasts for Youth 

Served under the Runaway and 

Homeless Youth Act. 

These can be reviewed on our Web 

site—http://www.fns.usda.gov/cnd/ 

Governance/policy.htm. 

II. Direct Certification Implementation 

and Studies 

Because of the benefits of direct 

certification relating to improving 

access and reducing paperwork, the 

Department felt that is was important to 

determine both the number of local 

educational agencies that were doing 

direct certification and what percentage 

of the total number of children eligible 

for free and reduced meals they 

represented. Studies and surveys 

conducted by FNS have indicated that, 

prior to School Year 2007–2008, a little 

more than 60 percent of local 

educational agencies were using direct 

certification. Please note that the 

majority of these studies were 

conducted prior to mandatory direct 

certification with SNAP. This data has 

given FNS a baseline to measure the 

success of mandatory direct certification 

with SNAP. Data for School Year 2009– 

2010 showed that 83 percent of local 

educational agencies conduct direct 

certification. Studies and sources 

include— 

‘‘Analysis of Verification Summary 

Data SY2004–05’’ (May 2006) which 

may be found at http:// 

www.fns.usda.gov/oane/menu/ 

Published/CNP/FILES/ 

CNVerification.pdf; 

‘‘Preliminary Report on the Feasibility 

of Computer Matching in the National 

School Lunch Program’’ (January 2005) 

which may be found at http:// 

www.fns.usda.gov/oane/menu/ 

Published/CNP/FILES/ 

NSLPDataMatch.pdf; 

‘‘Direct Certification in the National 

School Lunch Program—Impacts on 

Program Access and Integrity Study of 

Direct Certification in the National 

School Lunch Program’’ (October 2003, 

Economic Research Service, USDA, 

contracted study) which may be found 

at http://www.ers.usda.gov/ 

Publications/EFAN03009; 

‘‘Study of Direct Certification in the 

National School Lunch Program’’ 

(September 2000) which may be found 


jdjones on DSKHWCL6B1PROD with RULES
22788 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 

at http://www.fns.usda.gov/oane/menu/ 

Published/CNP/FILES/directcert.pdf; 

and 

‘‘Direct Certification in the National 

School Lunch Program: State 

Implementation Progress Report to 

Congress’’ (December 2008) found at 

http://www.fns.usda.gov/oane/menu/

Published/CNP/FILES/DirectCert08.pdf. 

‘‘Direct Certification in the National 

School Lunch Program: State 

Implementation Progress Report to 

Congress—October 2009’’ found at 

http://www.fns.usda.gov/ora/MENU/

Published/CNP/FILES/NSLP

DirectCertification2009.pdf. 

‘‘Direct Certification in the National 

School Lunch Program: State 

Implementation Progress School Year 

2009–2010’’ found at http:// 

www.fns.usda.gov/ora/menu/Published/ 

CNP/FILES/DirectCert2010.pdf. 

III. Current Procedures for Direct 

Certification and Categorical Eligibility 

Methods Used for Direct Certification 

The studies cited in section II 

indicated that the methods commonly 

used for direct certification involve 

matching and non-matching processes. 

In the non-matching method, the States’ 

assistance agencies generate lists or 

databases of TANF and SNAP 

households with school age children. 

The assistance agencies use the lists/ 

databases to send households a letter 

that includes the necessary direct 

certification documentation. The letter 

instructs the household to provide the 

letter to the school if they want free 

meals or milk for their children. 

Children in households that provide the 

letters to the school or local educational 

agency are certified eligible for free 

meals or milk based on this 

documentation. This procedure is 

considered the ‘‘letter method.’’ 

In the matching method, the State 

assistance agency databases/lists of 

SNAP or TANF households with school 

age children are matched at the State or 

local educational agency level against 

student enrollment databases or lists. 

Most systems involve a matching of two 

or three identifiers, such as the 

children’s names and birth dates and/or 

addresses. Matching at the State level is 

generally automated, while matching at 

the local educational agency level may 

be a manual process, especially in 

smaller districts or those districts with 

fewer families receiving benefits from 

SNAP, TANF or FDPIR. Once eligible 

children have been identified through 

direct certification, their parents or 

guardians are notified, in writing by the 

local educational agency, that their 

children are eligible to receive free 

meals without any additional 

application. Further, these households 

are not subject to verification since the 

local educational agency has already 

documented that the child is a member 

of a household receiving other 

programs’ benefits. 

Frequency of Direct Certification Efforts 

Typically, direct certification is 

conducted at or around the beginning of 

the school year. However, a number of 

States and local educational agencies 

have the capability of doing direct 

certification more frequently, on a 

monthly or even daily basis. 

Applications With Case Numbers 

Households receiving assistance from 

SNAP, TANF or FDPIR may also submit 

an application with their case number(s) 

for the child(ren) on the free and 

reduced price meal or free milk 

application to establish their categorical 

eligibility for free meals or milk. The 

only other information needed on the 

application is each child’s name and the 

signature of an adult household 

member. Should the application be 

selected for verification of eligibility, 

the household must submit proof of 

participation in SNAP, TANF or FDPIR 

in order to continue program 

participation. 

IV. Requirements for Direct 

Certification With SNAP 

Scope of Mandatory Direct Certification 

With SNAP 

All participating NSLP and School 

Breakfast Program (SBP) schools, 

including public and private non-profit 

schools and residential child care 

institutions (RCCIs), must implement 

the mandatory direct certification 

provisions for children who are 

members of households receiving 

benefits from the SNAP. RCCIs that 

operate a day school must conduct 

direct certification for day students. 

However, RCCIs that only have 

residential students are exempted from 

this requirement. Residential students 

would not receive SNAP benefits since 

they are residing in an institution. This 

exemption is found in this interim rule 

at paragraph 245.6(b)(1)(ii). 

The administering entity for the 

private schools or RCCIs should contact 

their State agency to work out the 

logistics for obtaining information from 

the agency administering SNAP about 

the children enrolled in their schools. 

Please note when determining claiming 

percentages for Provision 2 or Provision 

3, which are the special assistance 

certification and reimbursement 

alternatives permitted in § 245.9, direct 

certification is required only in base 

years. This provision may be found at 

paragraph 245.6(b)(1)(v). 

Frequency of Mandatory Direct 

Certification With SNAP 

As indicated earlier, the NSLA 

requires that all children in households 

receiving SNAP benefits be directly 

certified for free meals and paragraph 

245.6(b) is amended by this rule to 

address mandatory direct certification of 

children receiving benefits from SNAP. 

Because direct certification is a useful 

tool for schools and reduces paperwork 

and increases participation, the 

Department’s ultimate goal for direct 

certification is for State and local 

educational agencies to have the 

capability to conduct on-going direct 

certification with SNAP, TANF and 

FDPIR through computer matching that 

provides the most current information 

about households receiving benefits 

from those programs. Once an on-going 

system becomes operational, the local 

educational agency would be able to 

promptly determine when children who 

were not already certified for free meal 

benefits become eligible, based on 

membership in a household recently 

approved for benefits from SNAP, TANF 

or FDPIR. The eligibility of children 

previously directly certified is not 

affected by more frequent direct 

certification because, once eligibility is 

established, it is in effect for the entire 

school year and up to thirty (30) 

operating days in the following school 

year. 

To this end, this interim rule requires 

that local educational agencies conduct 

direct certification with SNAP at least 

three times during the school year (July 

1 to June 30) beginning no later than 

School Year 2011–2012. This increased 

number of matching efforts has the 

potential to facilitate participation of 

children in the school meals programs. 

Of course, more frequent direct 

certification efforts are permissible and 

encouraged. 

The efforts must be made at or around 

the beginning of the school year; three 

months after the beginning of the school 

year; and six months after the beginning 

of the school year. For example, if the 

school classes begin on August 15th, the 

initial direct certification effort would 

be in July or August; the second would 

be in October or November and the last 

in January or February. Direct 

certification efforts are required for 

children who were not initially directly 

certified and who are currently reduced 

price or paid. If the local educational 

agency has the capability, the status of 

any newly enrolled child must be 

checked for SNAP eligibility at the time 


jdjones on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 22789 

of enrollment. If this is not possible, the 

household must be provided with an 

application so that the child’s benefits 

are not delayed until the next scheduled 

direct certification update. 

Any newly eligible children identified 

in matches made subsequent to the 

beginning of the school year must be 

certified for free meals and the local 

educational agency must promptly 

notify their parents or guardians in 

writing of the new status. This includes 

children who had been certified for 

reduced price meals but who are 

subsequently identified as receiving 

SNAP benefits. The requirement for the 

frequency of direct certification efforts 

with SNAP is found at paragraph 

245.6(b)(3) of this interim rule. Please 

note direct certification with FDPIR and 

TANF remains optional. The authority 

for direct certification with FDPIR or 

TANF is found at paragraph 245.6(b)(2). 

Use of the Letter Method 

As discussed earlier, some State and 

local SNAP or other assistance agencies 

currently provide letters to households 

as their method of direct certification. 

The household takes the letter 

indicating its receipt of SNAP benefits 

to the local educational agency in lieu 

of an application. Studies show that 

states have been able to improve the 

effectiveness of their direct certification 

process by changing from the letter 

method to an electronic matching 

approach. Further, since the original 

availability of direct certification in the 

early 1990s, sharing information 

between SNAP and other assistance 

agencies and State/local educational 

agencies has become easier and more 

cost effective. 

A 2007 study, Data Matching in the 

National School Lunch Program: 2005 

Volume 1: Final Report, available at 

http://www.fns.usda.gov/oane/menu/ 

Published/CNP/FILES/DataMatchingV1.pdf. discussed the effectiveness of 

the various direct certification methods. 

This study showed that States with 

mandatory statewide State-level 

matching had the highest rates of direct 

certification, with 74 percent of 

categorically certified children directly 

certified. The letter method resulted in 

a significantly lower rate of direct 

certification, with only 52 percent of 

categorically certified children. 

Therefore, this interim rule requires, 

at paragraph 245.6(b)(1)(iii), that, in 

School Year 2011–2012, all State 

agencies phase out the letter method as 

their method for direct certification with 

SNAP. And for School Year 2012–2013, 

the letter method can no longer be used 

to conduct direct certification. This 

provision is consistent with the 

requirement in the Healthy, HungerFree Kids Act of 2010 (Pub. L. 111–296; 

December 13, 2010). All State agencies 

must have a method to exchange 

eligibility information from SNAP more 

directly with the local educational 

agency through some type of automated 

data-matching process. Currently, there 

are a range of systems in use. However, 

State and local agencies may continue to 

provide letters to families as a 

secondary method along with use of 

automated system, especially during the 

initial use of an automated system. The 

additional notification to families would 

help to ensure that they were aware of 

their children’s categorical eligibility. 

Please note that the use of the letter 

method only as a secondary method of 

identifying categorical eligibility only 

applies to SNAP. The letter method may 

continue to be used as the primary 

method for other sources of categorical 

eligibility. 

Extension of Eligibility to All Children 

in the Household 

Section 9(b)(12) of the NSLA provides 

for categorical eligibility for children 

who are members of households 

receiving assistance from SNAP, FDPIR, 

and TANF. The implementing 

regulations required that a child be a 

member of the household as determined 

by the assistance program in order to be 

categorically eligible for free school 

meals. For direct certification, this has 

been an individual match. For 

applications, each child had to have a 

case number listed in order to be 

categorically eligible. For consistency, 

we did not extend categorical eligibility 

to newly enrolled siblings in the 

subsequent school year. 

We have heard from various program 

operators and other stakeholders that 

this interpretation is problematic 

administratively and unnecessarily 

omits eligible children from the direct 

certification process. For direct 

certification, school-age children from 

the same household who are not 

identified through the match are most 

likely receiving SNAP or other benefits 

but are not matched because of minor 

differences in the identifying 

information used in the match. 

Individual eligibility also results in 

households with some children directly 

certified and others for whom an 

application must be submitted. If some 

of the children in the family are directly 

certified, the family may not realize 

until after school starts that an 

application is needed for their other 

children. This sometimes requires the 

family to pay for meals for the 

uncertified children until the 

application is submitted and approved. 

For local educational agencies, 

maintaining different types of eligibility 

for direct certification and applicationbased records for the same household 

may be difficult. It also complicates 

reporting and may result in misleading 

information for determining verification 

sample sizes and other purposes. 

Therefore, under this interim rule, if 

one or more children in the household 

is also a member of a family receiving 

assistance under SNAP, FDPIR or 

TANF, all school-aged children in the 

household are considered categorically 

eligible for free meals or free milk. This 

applies for both direct certification and 

applications with case numbers. The 

local educational agency must extend 

eligibility for free meals to all children 

that can be identified as members of a 

household on an application for free or 

reduced price meals or free milk. If the 

local educational agency does not have 

a prior application to refer to, school 

district enrollment records are 

acceptable to determine if there any 

additional children in the household 

who were not directly certified. For 

households submitting applications 

with case numbers for some children, 

the local educational agency must 

certify all children as categorically 

eligible for free meals and disregard 

income information. This requirement is 

found at § 245.2 (definition of 

‘‘Documentation’’), paragraph 245.6(b)(7) 

and paragraph 245.6(c)(5). 

Agreement Between SNAP State Agency 

and the State Agency Administering the 

School Meals Programs 

To facilitate mandatory direct 

certification of children receiving 

benefits from SNAP, the NSLA requires, 

at section 9(b)(4)(A), 42 U.S.C. 1758 

(b)(4)(A), that the State agency 

responsible for administering SNAP and 

the State agency responsible for 

administering the school meals 

programs enter into an agreement to 

facilitate the mandatory direct 

certification with SNAP. The 

Reauthorization Act included a parallel 

conforming amendment in section 11(u) 

of the Food and Nutrition Act of 2008 

(formerly the Food Stamp Act) 7 U.S.C. 

2020(u). 

As specified in the NSLA, the 

agreements were to be in place by July 

1, 2005. In a memorandum dated April 

19, 2005 (SP 14, Agreement Checklist 

for Direct Certification and Direct 

Verification of Children in Food Stamp 

Households; http://www.fns.usda.gov/ 

cnd/governance/Reauthorization_Policy

_04/Reauthorization_04/2005-04- 

19.pdf), the Department provided 

guidance on initial items that the State 

agencies responsible for administering 


jdjones on DSKHWCL6B1PROD with RULES
22790 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 

5Please note that the Healthy, Hunger-Free Kids 

Act of 2010 extended categorical eligibility to foster 

children. This provision was implemented through 

a policy memorandum, SP 17–2011, CACFP 08– 

2011, SFSP 05–2011–Revised, Categorical 

Eligibility of Foster Children, dated March 11, 2011. 

This new requirement will be incorporated into the 

regulations in a separate rulemaking. 

the school meals programs and the State 

agencies administering SNAP should 

include in the agreement. All State 

administering agencies, including those 

responsible for non-public schools or 

residential child care institutions, must 

have an agreement with the State agency 

administering SNAP. In order to fully 

support effective direct certification 

efforts, this interim rule requires that 

the agreement address how direct 

certification will be conducted, 

including frequency; what notification 

method(s) will be used; how use of the 

letter method will be phased-out as the 

primary method and what system will 

replace it; how the system and 

procedures will identify additional 

children in the household who are 

categorically eligible based on one 

household members’ receipt of benefits; 

and other specifics needed to ensure 

efficient operation of direct certification. 

The methods used to conduct direct 

certification can always be improved 

and expanded and should not be 

considered static. The more children 

who are identified as eligible through 

direct certification assists both families 

and local educational agencies by 

simplifying the certification process and 

by more accurately targeting free meal 

benefits. 

As a result of this interim rule, the 

State agencies administering the school 

meals programs may need to amend 

their existing agreements with the State 

agencies responsible for SNAP to set up 

procedures to conduct more frequent 

direct certification. Because the 

addenda to the agreement would 

depend on the system used, State 

agencies must determine what 

amendments are needed. The 

requirement for the agreement is found 

at paragraph 245.6(b)(1)(iv) of this 

interim rule. 

V. Requirements for Certification of 

Certain Homeless, Migrant, Runaway 

and Head Start Children 

The Reauthorization Act also 

extended categorical eligibility and 

direct certification to additional 

programs for homeless, migrant and 

runaway children.5 In most cases, we 

expect that these children will be 

certified through direct contact with 

official sources as discussed below. 

However, it is also possible that the 

families of some of these children might 

identify themselves through the free/ 

reduced price application as 

categorically eligible. Paragraph 

245.6(b)(5) of this interim rule specifies 

what documentation is needed to 

substantiate certification with 

appropriate officials. Officials 

responsible for free meal or free milk 

eligibility determinations are not 

responsible for making the 

determination that a child is homeless, 

migrant or a runaway. Rather, they are 

to coordinate with and accept the 

documentation from a person or agency 

authorized to make those 

determinations. 

Homeless Children 

Section 107 of the Reauthorization 

Act amended the NSLA to extend 

categorical eligibility for free school 

meals to children who are homeless, as 

defined under section 725(2) of the 

McKinney-Vento Homeless Assistance 

Act 42 U.S.C. 11434a(2). The McKinneyVento Homeless Assistance Act defines 

as homeless individuals those lacking a 

fixed, regular and adequate nighttime 

residence. 

In accordance with requirements of 

the McKinney-Vento Homeless 

Assistance Act, each local educational 

agency must designate a local 

educational liaison for homeless 

children and youth. The local liaison 

serves as one of the primary contacts 

between homeless families and school 

staff and district personnel, shelter 

workers and other service providers. 

The shelter director or local educational 

liaison for homeless children and youth 

provides the necessary documentation 

for direct certification to be used by 

local educational agencies. A 

memorandum dated July 19, 2004, ‘‘SP 

4 Categorical Eligibility for Free 

Lunches and Breakfasts of Runaway, 

Homeless and Migrant Youth (http:// 

www.fns.usda.gov/cnd/Governance/ 

policy.htm) advised State agencies of 

categorical free meal or free milk 

eligibility provisions relating to 

homeless children and youth mandated 

by the Reauthorization Act. 

School officials must accept 

documentation which meets regulatory 

requirements and confirms that 

identified children are homeless from 

the local educational agency’s liaison 

for homeless children. School officials 

also must accept a letter or other 

document from the director of the 

homeless shelter where the child 

resides. This provision is found at 

paragraph 245.6(b)(6)(ii). In addition, 

this interim rule provides at paragraph 

245.6(b)(5) that documentation to 

substantiate free meal or milk eligibility 

includes the child’s name or a list of 

names, a statement that certifying that 

the children are eligible for that program 

and the signature of the local 

educational liaison or the director of the 

homeless shelter and the date of the 

signature. This rule provides that 

documentation is acceptable in lieu of a 

free and reduced price meal or free milk 

application. We continue to encourage 

local educational agencies to identify 

and work with the local educational 

agency liaison for homeless children 

and with directors of homeless shelters 

where children may reside to expedite 

benefits to homeless children. 

Runaway Children 

Section 107 of the Reauthorization 

Act made children served by a runaway 

and homeless youth grant program 

established under the Runaway and 

Homeless Youth Act (42 U.S.C. 5701 et 

seq.) categorically eligible for free 

school meals. A child who is a runaway 

must be participating in a runaway and 

homeless youth grant program under the 

Runaway and Homeless Youth Act to be 

categorically eligible for free meal 

benefits and for direct certification. The 

Family and Youth Services Bureau 

(FYSB), part of the Administration on 

Children and Families of the United 

States Department of Health and Human 

Services, awards funding to local 

community agencies to offer services to 

young people and their families. There 

are three grant programs for runaways 

under that title—Basic Center Program, 

Transitional Living Program and the 

Street Outreach Program. The agencies 

receiving grants under these three 

programs are referred to as either FYSB 

grantees, or Runaway and Homeless 

Youth (RHY) service providers. 

Additionally, the 2003 

Reauthorization of the RHY Program 

directed FYSB to coordinate with local 

educational agency liaisons under the 

McKinney-Vento Homeless Assistance 

Act to assure that RHY are provided 

information about the educational 

services available to them and to ensure 

they receive support services guaranteed 

under the law. Therefore, the first 

source for documentation for these 

children is the local educational 

agency’s homeless liaison. 

This interim rule provides in 

paragraph 245.6(b)(5)(iii) that 

documentation to substantiate free meal 

or milk eligibility must consist, at a 

minimum, of the youth’s name, or a list 

of names, a statement certifying that the 

children are eligible for that program, 

the signature of the McKinney-Vento 

local educational agency’s liaison or the 

RHY service provider(s) and the date 

signed. Documentation which meets the 

regulatory requirements must be 


jdjones on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 22791 

accepted in lieu of a free meal or milk 

application. It is important that schools/ 

local educational agencies become 

familiar with their local RHY service 

providers and their McKinney-Vento 

local educational agency’s liaison in 

order to facilitate the service of free 

school meals or milk for youth in the 

programs administered by the FYSB. 

Migrant Children 

The Reauthorization Act extended 

categorical eligibility to migratory 

children as defined in section 1309 of 

the Elementary and Secondary 

Education Act of 1965 (ESEA). In 

general, a migrant child is one who has 

moved across local educational agency 

boundaries, within the last three years, 

to accompany or join a parent or 

guardian who has moved to seek or 

obtain temporary or seasonal work in 

agriculture or fishing. Please note, 

however, that it is not necessary for 

local educational agency personnel to 

apply the ESEA definition because there 

are State educational agency and local 

MEP staff who are responsible for 

identifying (and maintaining supporting 

documentation) for each eligible 

migrant child under ESEA. 

As recognized in paragraph 

245.6(b)(6)(ii) of this interim rule, local 

educational agencies will benefit from 

working directly with MEP coordinators 

or, where appropriate, the State MEP 

director, to identify migrant children 

and to document their eligibility for free 

school meals. Pursuant to paragraph 

245.6(b)(5)(iii), local educational 

agencies must accept documentation 

that the children are migrant children 

from the MEP coordinator. Such 

documentation of migrant status to 

substantiate free meal eligibility may be 

a list that includes each child’s name, a 

statement certifying that the children 

are eligible for that program, and the 

signature of the MEP coordinator or the 

State MEP director and the date of the 

signature. This list serves as 

documentation of categorical eligibility 

for or migrant children. 

Newly Enrolled Homeless, Runaway or 

Migrant Students 

It is important that newly enrolled 

homeless, runaway and migrant 

children in the local educational agency 

be identified and certified for free meals 

or milk as promptly as possible. The 

Eligibility Guidance for School Meals 

Manual (http://www.fns.usda.gov/cnd/ 

Guidance/default.htm) indicates that, to 

the extent possible, applications should 

be processed immediately. This 

includes determination of eligibility 

through sources such as the homeless 

liaison. Local educational agencies need 

to establish procedures with the 

coordinators/liaisons to assure they are 

notified when the coordinators/liaisons 

identify a new homeless, runaway or 

migrant child so these children may be 

promptly certified at any time during 

the school year. Children also may be 

determined eligible through the 

standard application process. If the 

child is not indentified through 

coordinators/liaisons and an application 

is not submitted, paragraph 245.6(d) of 

the existing regulations allows school 

officials to complete an application on 

the child’s behalf noting the child is 

homeless, etc. and giving the source for 

his/her knowledge. This must be done 

only on a case-by-case basis. 

Children Enrolled in Head Start 

Programs 

This interim rule also adds as 

categorically eligible children who are 

enrolled as participants in Head Start 

programs authorized under the Head 

Start Act. Until enactment of the 

Improving Head Start for School 

Readiness Act of 2007 (Pub. L. 110– 

134), only children enrolled in Head 

Start who met that program’s prescribed 

low-income criteria were categorically 

eligible for free school meals. However, 

section 29(c) of Public Law 110–134 

amended section (9)(b)(12)(A)(iii) and 

section 17(c)(5) of the NSLA to extend 

categorical eligibility for free meals and 

free milk to all Head Start enrollees. The 

original policy on limited categorical 

eligibility was issued in a memorandum 

dated April 14, 1995 and the most 

recent policy was issued in a 

memorandum dated May 16, 2008, ‘‘SP– 

23–2008, CACFP 07–2008, SFSP 06– 

2008, Automatic Eligibility for Free 

Meal Benefits Extended to All Children 

Enrolled in Head Start’’ (http:// 

www.fns.usda.gov/cnd/Governance/ 

policy.htm). We are now incorporating 

the most recent statutory requirement 

into the regulations. Therefore, a 

definition of a Head Start child is added 

to § 245.2 and a definition of 

categorically eligible is added which 

states that children enrolled in Head 

Start are categorically eligible for free 

school meals. 

VI. Other Provisions and Technical 

Amendments 

Confidentiality and Prevention of Overt 

Identification 

Paragraph 245.6(b)(9) of this interim 

rule addresses the confidentiality of 

information obtained through the direct 

certification process and the prevention 

of overt identification of children 

eligible for free or reduced-price meals 

or free milk. This paragraph 

incorporates the provisions found in 

paragraph 245.6(b)(1) prior to the 

effective date of this rule. However, the 

wording has been revised to improve 

readability and to clarify that 

information obtained about the child’s 

participation in SNAP, FDPIR or TANF 

must be used for direct certification 

purposes only and information 

regarding a child’s eligibility status in 

the Child Nutrition Programs may be 

used or disclosed solely in accordance 

with the disclosure provisions in 

section 9(b)(6) of the NSLA. 

Providing Application Materials 

The existing provision that schools 

are not required to provide application 

materials to children who were 

approved for free meals through the 

direct certification process was moved 

in this interim rule from paragraph 

245.6(b)(2) to paragraph 245.6(b)(10). 

Notice of Approval 

The existing provision concerning the 

notification of households in writing of 

children determined eligible for free 

meals or free milk through the direct 

certification process was moved from 

paragraph 245.6(b)(2) to paragraph 

245.6(c)(6)(ii). The current provision 

also requires that households have an 

opportunity to decline school meals 

benefits for their children. A written 

notice to the household is not required 

if the direct certification documentation 

is provided to the school by the 

household, such as a letter indicating 

receipt of benefits from SNAP. By 

providing the school with 

documentation, the household is 

indicating that they want free meals or 

milk for their children. Paragraph 

245.6(c)(5) is also being revised in this 

interim rule to include the new 

categories of children (homeless, Head 

Start, runaways and migrants) who may 

be directly certified. 

Definitions 

The following outlines changes, made 

by Public Law 108–265 and Public Law 

110–134, which are addressed in 

§ 245.2, Definitions, to reflect statutory 

amendments and for clarification 

purposes. 

Categorically eligible—This rule adds 

a new definition, ‘‘Categorically 

eligible,’’ in § 245.2. ‘‘Categorically 

eligible’’ means that children are eligible 

for free meals or free milk, as applicable, 

based on the child’s status as— 

• A member of a household receiving 

assistance under SNAP or FDPIR or a 

member of a family receiving benefits 

under the TANF program; 

• An enrollee in the Head Start 

Program; 


jdjones on DSKHWCL6B1PROD with RULES
22792 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 

• A runaway child served by grant 

programs established under the 

Runaway and Homeless Youth Act; 

• A homeless child as defined under 

the McKinney-Vento Homeless 

Assistance Act; or 

• A migratory child as specified 

under the Migrant Education Program. 

This definition also clarifies that 

categorical eligibility and automatic 

eligibility may be used synonymously. 

Direct certification—This rule adds a 

new definition of ‘‘Direct certification’’ 

in § 245.2. Although the regulations 

have not previously included a 

definition for this term, it has generally 

been understood to mean the process of 

determining eligibility for certain 

categories of children by obtaining 

information directly from the State or 

local agency authorized to certify 

children’s status as being members of 

households receiving assistance from 

SNAP, TANF or FDPIR. A child is 

directly certified in lieu of completion 

of an application. Children who are 

homeless, migrant, or runaway or 

enrolled in a Head Start Program are 

directly certified by obtaining 

information from an individual or 

agency to certify that the child is 

participating in one of these programs. 

Documentation—Paragraph (2) of the 

definition of ‘‘Documentation’’ in § 245.2 

defines documentation for direct 

certification purposes as the name of the 

child; a statement certifying that the 

child is receiving assistance from SNAP, 

FDPIR or TANF program; information in 

sufficient detail to match the child 

attending school in the local 

educational agency; the signature of the 

appropriate SNAP, FDPIR, or TANF 

official; and the date. The definition 

also clarifies that when the signature is 

impracticable to obtain, such as in 

computerized operations providing an 

electronic signature, other arrangements 

may be accepted if the local educational 

agency has a method to ensure that a 

responsible official from the assistance 

program can attest to the accuracy of the 

information provided. This interim rule 

revises the definition of 

‘‘Documentation’’ to address acceptable 

documentation from SNAP, FDPIR or 

TANF Program; acceptable 

documentation for children in a family 

with at least one member receiving 

benefits from SNAP, FDPIR or TANF; 

acceptable documentation for Head 

Start children, homeless and migrant 

children and runaway children who 

participate in the respective Federal 

program. 

Head Start child, Homeless child, 

Migrant child and Runaway child— 

Definitions for each of these are added 

consistent with the intent of Section 107 

of the Reauthorization Act. 

Technical Amendments 

Pursuant to section 12(a) of the NSLA 

and current regulations, local 

educational agencies agree to maintain 

files of currently approved and denied 

applications and documentation for 

direct certification as part of their 

agreement to administer the program at 

the school district level. Paragraph 

210.9(b) is being revised by this rule to 

include the new categories of children 

who may be directly certified (i.e., 

homeless, certain runaway and migrant 

children and Head Start enrollees). The 

review requirements in paragraph 

210.18(g) are also amended to add the 

new categories of children who may be 

directly certified. Paragraph 

210.18(g)(1)(B) is also being amended to 

conform with changes made in the 

November 13, 2007, interim regulation 

(72 FR 63785) that established year-long 

eligibility for free and reduced price 

meals. 

We are also using this opportunity to 

clarify the relationship between delayed 

implementation of Provision 2 as 

permitted in paragraph 245.9(b)(6)(ii) 

and use of a child’s prior year’s 

eligibility status for the first 30 

operating days in the new school year 

(‘‘carryover’’) in paragraph 245.6(c)(2). 

Delayed implementation permits 

schools establishing claiming 

percentages for Provision 2 to charge 

participating students for meals in the 

first claiming period of the base year. 

This exception is permitted to assist 

schools in securing completed free and 

reduced price applications from 

households which might not otherwise 

submit an application if there is no 

charge for meals. With the State 

agency’s approval, schools may delay 

implementing Provision 2 for a period 

not to exceed the first claiming period 

of the base year. When the carryover 

provision was added in the interim 

rulemaking dated November 13, 2007, 

(72 FR 63793), we did not address how 

it applied to delayed implementation. 

Therefore, we are revising paragraph 

245.6(c)(2) to indicate that carryover is 

not required when schools are approved 

to use the delayed implementation in 

relation to Provision 2. 

We are also making technical 

amendments to paragraph 

210.18(g)(1)(i)(A)(3) to reflect the recent 

changes to the carryover provision that 

no longer permit the State agency to 

establish a different timeframe. Other 

technical changes are to correct an 

omission in the introductory text of 

paragraph 210.19(c) by adding a 

reference to paragraph 210.19(c)(iii), 

which was inadvertently left out, and to 

correct a citation in the definition of 

‘‘School in severe need’’ in § 220.2 that 

should refer to paragraph 220.9(d), not 

paragraph 220.9(e). 

We are also using this interim rule to 

correct a number of obsolete names, 

addresses, terms of usage, and spelling 

errors that may appear in parts 210, 215, 

220, 225, 226, and 245. 

As mandated by the Food, 

Conservation and Energy Act of 2008, 

effective October 1, 2008, the Food 

Stamp Program was renamed as the 

Supplemental Nutrition Assistance 

Program or SNAP. This interim rule 

amends parts 210, 215, 225, 226, and 

245 to reflect this change. 

The new name of the General 

Accounting Office, the Government 

Accountability Office (GAO), is made to 

paragraphs 225.6(h)(vii) and 226.10(d). 

This interim rule also replaces the term 

‘‘handicap’’ with the term ‘‘disability’’ in 

paragraphs 225.8(g)(i), 225.15(e), 

226.23(c)(5), 226.23(e)(2)(iv), and 

226.23(h). Other corrections are a 

reference to CACFP in paragraph 

226.23(e)(1)(iii)(E) and the spelling of 

‘‘labeled’’ in paragraph 225.15(e). 

Paragraph 245.3(b) is also revised to 

improve the readability of regulations 

and to delete a procedure applicable 

only to single child applications, which 

may no longer be used by local 

educational agencies. 

VII. Procedural Matters 

Executive Order 12866 and Executive 

Order 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 interim rule has been designated 

a ‘‘significant regulatory action,’’ 

although not economically significant, 

under section 3(f) of Executive Order 

12866. Accordingly, the rule has been 

reviewed by the Office of Management 

and Budget. 

Regulatory Impact Analysis 

Need for Action 

The 2004 Reauthorization Act 

requires local educational agencies to 

establish systems to directly certify 

SNAP participant children for free 


jdjones on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 22793 

school meals no later than School Year 

2008–2009. The Reauthorization Act 

also extends categorical eligibility and 

provides for the direct certification of 

certain homeless, migrant, or runaway 

children. This interim rule makes 

necessary changes to implement these 

statutory requirements. 

Benefits 

The rule is expected to enhance 

access to the school meals and milk 

programs by needy children, decrease 

duplicative paperwork for households, 

decrease the administrative costs of 

processing and reviewing applications, 

and improve program integrity. 

Mandatory direct certification based on 

SNAP participation increased 

certifications for free school meals by an 

estimated 190,000 children in School 

Year 2008–2009. The interim rule’s 

requirement that local educational 

agencies conduct direct certification at 

least three times per year beginning in 

School Year 2011–2012 may increase 

the number of children certified for free 

meals (for at least part of the school 

year) by an additional 270,000. 

Costs 

Direct certification increases the 

number of children certified to receive 

free school meals, which raises the cost 

of federal meal reimbursements to 

participating schools. State and local 

education, SNAP, and child welfare 

agencies also incur administrative costs 

associated with direct certification. 

Total meal reimbursement and 

administrative costs are estimated to 

have increased by more than $114 

million over the five fiscal years from 

2005 through 2009. (State SNAP and 

Child Nutrition Agencies begin to incur 

administrative costs in fiscal year 2005, 

the year prior to the mandatory 

implementation of direct certification by 

large LEAs under the terms of the 2004 

Reauthorization Act.) The estimated tenyear cost of the rule, through FY 2014, 

is nearly $760 million. More than $730 

million of this amount is the cost of 

Federal reimbursement to schools for 

free meals served to newly certified 

children. 

Regulatory Flexibility Act 

This interim rule has been reviewed 

with regard to the requirements of the 

Regulatory Flexibility Act. It is certified 

that this interim rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Determining children eligible for free 

meals or free milk by obtaining 

eligibility information directly from 

another agency will reduce duplicative 

paperwork for households who have 

already established their need for 

assistance to certain programs which 

serve low-income children and adults, 

and will streamline the free and reduced 

price application and certification 

process for schools. The provisions of 

this rule will enhance access to these 

programs by needy children. Although 

there may be some initial burdens 

associated with implementation of this 

rule, the burdens will not be significant 

and will be outweighed by the long-term 

benefits of direct certification and 

expanded categorical eligibility. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) establishes 

a requirement 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 costbenefit analysis. This is done for 

proposed and final rules that have 

Federal mandates which may result in 

expenditures of $100 million or more in 

any one year by State, local, or tribal 

governments, in the aggregate, or by the 

private sector. When this 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. It must then adopt the least 

costly, most cost-effective or least 

burdensome alternative that achieves 

the objectives of the rule. 

This rule contains no Federal 

mandates of $100 million or more in 

any one year (under regulatory 

provisions of Title II of the UMRA) for 

State, local, and tribal governments or 

the private sector. Thus, this interim 

rule is not subject to the requirements 

of sections 202 and 205 of the UMRA. 

Executive Order 12372 

The National School Lunch Program, 

Special Milk Program, School Breakfast 

Program Summer Food Service Program, 

and Child and Adult Care Food Program 

are listed in the Catalog of Federal 

Domestic Assistance under Nos. 10.555, 

10.556, 10.553, 10.559 and 10.558, 

respectively. For the reasons set forth in 

the final rule in 7 CFR part 3015, 

subpart V, and final rule related notice 

at 48 FR 29114, June 24, 1983, these 

programs are included in the scope of 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. 

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 

regulation describing the agency’s 

considerations in terms of the three 

categories called for under section 

(6)(b)(2)(B) of Executive Order 13132. 

Prior Consultation With State Officials 

Prior to drafting this rule, we received 

input from State and local agencies at 

various times. The Child Nutrition 

Programs (CNP) are State administered, 

federally funded programs. Staff from 

FNS’ headquarters and regional offices 

had informal and formal discussions 

with State and local officials on an 

ongoing basis regarding program 

implementation and performance. This 

arrangement allows State and local 

agencies to provide feedback that helps 

form the basis for any discretionary 

decisions in this and other CNP rules. 

Additionally, we convened a meeting of 

representative Federal and State 

administrators of SNAP and CNP State 

directors to discuss their current direct 

certification procedures. Department 

officials have also provided overviews 

of the changes made in the certification 

process at meetings attended by local 

educational agency representatives, 

advocacy groups and other interested 

parties. These sessions provided FNS 

officials with insights into areas of 

concerns from these groups and allowed 

us to obtain background into how local 

and State administrators are currently 

doing certification and direct 

certification and how the statutory 

changes will affect these procedures. 

Nature of Concerns and the Need To 

Issue This Rule 

State and local agencies are generally 

concerned about improving the integrity 

of the free and reduced price meal 

eligibility process without hindering 

access to the programs. They also are 

concerned about the paperwork and 

financial burdens placed on food service 

to determine free and reduced price 

meal eligibility and the initial cost of 

implementing direct certification. 

The issuance of this regulation is 

required by amendments made to the 

Richard B. Russell National School 

Lunch Act by the Reauthorization Act. 

Prior to those amendments, program 

officials were permitted to directly 

certify children in households receiving 

benefits from SNAP, TANF and FDPIR. 

This rule now requires local educational 

agencies to directly certify children in 

households receiving benefits from 

SNAP and permits the direct 

certification of children in households 


jdjones on DSKHWCL6B1PROD with RULES
22794 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 

receiving TANF or FDPIR benefits, as 

well as homeless, some runaway 

children and migrant children. 

Extent to Which We Meet These 

Concerns 

By extending categorical eligibility to 

all children in a family based on one (or 

more) children’s receipt of SNAP, 

FDPIR or TANF benefits, access to free 

meals is improved and the application 

process streamlined for both families 

and local educational agencies. Integrity 

is also addressed in this provision 

because the large majority of these other 

children are otherwise income eligible 

for free meals or are actually receiving 

assistance from these programs but were 

not readily identified. Additionally, 

children whose eligibility is determined 

through the direct certification process 

are exempt from the verification of 

eligibility process which reduces the 

burden placed on households. The 

inclusion of all children in the family as 

categorically eligible if other children 

are identified through direct 

certification eliminates the need for an 

application and further reduces the 

number of applications subject to 

verification. Local educational agencies 

can reduce the number of applications/ 

households that are subject to 

verification by using direct certification 

as much as possible. These amendments 

will reduce paperwork and financial 

burdens placed on local educational 

agencies. 

This rule is intended to have a 

preemptive effect on any State law that 

conflicts with its provisions or that 

would otherwise impede its full 

implementation. To the extent the rule 

includes discretionary changes, the 

Department has established compliance 

timeframes which give due 

consideration to State agency processes 

for notification of customers and 

stakeholders for the implementation of 

the new procedures in local offices. 

Executive Order 12988 

This interim rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. It 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 impede its 

full implementation. This rule is not 

intended to have retroactive effect 

unless that is specified in the Effective 

Date section of the preamble of the rule. 

Before any judicial challenge to the 

provisions of this rule or the application 

of its provisions, all administrative 

procedures that apply must be followed. 

The only administrative appeal 

procedures relevant to this interim rule 

are the hearings that local educational 

agencies must provide for decisions 

relating to eligibility for free and 

reduced price meals and free milk 

(§ 245.7 for the NSLP, SBP, and SMP in 

schools). 

Civil Rights Impact Analysis 

FNS has reviewed this interim rule in 

accordance with the Department 

Regulations 4300–4, ‘‘Civil Rights 

Impact Analysis,’’ to identify any major 

civil rights impacts the rule might have 

on children on the basis of race, color, 

national origin, sex, age or disability. 

After a careful review of the rule’s intent 

and provisions, FNS has determined 

that this interim rule facilitates the 

participation of all eligible participants 

and does not establish any new burdens. 

Executive Order 13175 

USDA will undertake, within six 

months after this rule becomes effective, 

a series of Tribal consultation sessions 

to gain input from elected Tribal 

officials or their designees concerning 

the impact of this rule on Tribal 

governments, communities and 

individuals. These sessions will 

establish a baseline of consultation for 

future actions, should any be necessary, 

regarding this rule. Reports from these 

sessions for consultation will be made 

part of the USDA annual reporting on 

Tribal Consultation and Collaboration. 

USDA will respond in a timely and 

meaningful manner to all Tribal 

government requests for consultation 

concerning this rule and will provide 

additional venues, such as webinars and 

teleconferences, to periodically host 

collaborative conversations with Tribal 

leaders and their representatives 

concerning ways to improve this rule in 

Indian country. 

The policies contained in this rule 

would not have Tribal implications that 

preempt Tribal law. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. Chapter 35; see 5 CFR 1320), 

requires that the Office of Management 

and Budget (OMB) approve all 

collections of information by a Federal 

agency from the public 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. This is a 

new collection. The new provisions in 

this rule, which do increase burden 

hours, affect the information collection 

requirements that will be merged into 

the National School Lunch Program, 

OMB Control Number #0584–0006, 

expiration date March 31, 2012, and the 

Determining Eligibility for Free and 

Reduced Price Meals, OMB Control 

#0584–0026, expiration date March 31, 

2013. The current collection burden 

inventory for the National School Lunch 

Program (7 CFR 210) is 11,846,904; and 

the current collection burden inventory 

for Determining Eligibility for Free and 

Reduced Price Meals (7 CFR part 245) 

is 1,073,432. These changes are 

contingent upon OMB approval under 

the Paperwork Reduction Act of 1995. 

When the information collection 

requirements have been approved, FNS 

will publish a separate action in the 

Federal Register announcing OMB’s 

approval. 

Comments on the information 

collection in this interim rule must be 

received by June 24, 2011. Send 

comments to the Office of Information 

and Regulatory Affairs, OMB, Attention: 

Desk Officer for FNS, Washington, DC 

20503. Please also send a copy of your 

comments to Lynn Rodgers-Kuperman, 

Chief, Program Analysis and Monitoring 

Branch, Child Nutrition Division, 3101 

Park Center Drive, Alexandria, VA 

22302. For further information, or for 

copies of the information collection 

requirements, please contact Lynn 

Rodgers-Kuperman at the address 

indicated above. Comments are invited 

on: (1) Whether the proposed collection 

of information is necessary for the 

proper performance of the Agency’s 

functions, including whether the 

information will have practical utility; 

(2) the accuracy of the Agency’s 

estimate of the proposed information 

collection burden, including the validity 

of the methodology and assumptions 

used; (3) ways to enhance the quality, 

utility and clarity of the information to 

be collected; and (4) ways to minimize 

the burden of the collection of 

information on those who are to 

respond, including use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology. 

All responses to this request for 

comments will be summarized and 

included in the request for OMB 

approval. All comments will also 

become a matter of public record. 

Title: Direct Certification and 

Certification of Homeless, Migrant and 

Runaway Children for Free School 

Meals. 

OMB Number: 0584–NEW. 

Expiration Date: Not Yet Determined. 

Type of Request: New Collection. 

Abstract: Under the mandatory direct 

certification process, the local 

educational agency (note: this term 

replaces the term school food authority 

for the purposes of determining 

eligibility for free or reduced price 


jdjones on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 22795 

school meals) must directly certify, as 

eligible for free school meals, children 

who are members of a household that is 

receiving benefits from the 

Supplemental Nutrition Assistance 

Program (SNAP). In addition, they will 

continue to have the option of directly 

certifying children who are members of 

households receiving assistance under 

the Food Distribution Program on 

Indian Reservations (FDPIR), or 

Temporary Assistance for Needy 

Families (TANF) program. The local 

educational agency obtains 

documentation from the State or local 

agency administering SNAP, FDPIR or 

TANF. The documentation establishes 

children’s automatic eligibility for free 

meals because of receipt of benefits from 

the SNAP, FDPIR or TANF. Direct 

certification is done in lieu of a family 

filing a free and reduced price 

application. 

This interim rule also establishes 

categorical eligibility for free meals for 

children in other programs. These are— 

children enrolled in a Head Start 

program; children identified as 

homeless under the McKinney-Vento 

Homeless Assistance Act (42 U.S.C. 

11434a (2)); children identified as 

migratory under section 1309 of the 

Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6399); and 

children identified as runaways 

receiving assistance under a program 

under the Runaway and Homeless 

Youth Act (42 U.S.C. 5701 et seq.). 

These children are identified by officials 

responsible for administering these 

programs or by school officials 

responsible for identifying these 

children who are enrolled in their 

school districts. For example, each 

school district must have a local liaison 

who identifies homeless, runaway or 

migratory children. In addition, Head 

Start officials or representatives of the 

local Migrant Education Program may 

provide the names of eligible children. 

For mandatory direct certification 

with SNAP, optional direct certification 

with FDPIR or TANF and eligibility 

determinations made for children who 

are categorically eligible based on Head 

Start participation and the other 

programs discussed above, the 

paperwork burden for the local 

educational agency is due to the 

requirement to obtain documentation 

and retain it for review purposes. 

This interim rule will increase the 

recordkeeping burden on the current 

collection burden inventory for the 

National School Lunch Program, OMB 

Control Number #0584–0006, because 

local educational agencies will be 

required to retain additional records 

containing the names of children 

directly certified for National School 

Lunch Program. This interim rule will 

increase the recordkeeping burden and 

decrease the reporting burden on the 

current collection burden inventory for 

Determining Eligibility for Free and 

Reduced Price Meals, OMB Control 

#0584–0026, because State agencies 

must maintain additional agreements 

and fewer households will be required 

to complete an application form. The 

interim rule will not change the 

recordkeeping nor the reporting burden 

on the current collection burden 

inventory for School Breakfast Program, 

OMB Control #0584–0012, as those 

respondents participating in the School 

Breakfast Program also participate in the 

National School Lunch Program; thus 

the burden associated with the School 

Breakfast Program will be carried in the 

National School Lunch Program. The 

average burden per response and the 

annual burden hours are explained 

below and summarized in the charts 

which follow. 

Estimated Annual Burden for 0584– 

NEW, National School Lunch Program, 

7 CFR 210 

Respondents for this Interim Rule: 

Local Educational Agencies. 

Estimated Number of Respondents for 

this Interim Rule: 20,948. 

Estimated Number of Responses per 

Respondent for this Interim Rule: 4. 

Estimated Total Annual Responses: 

83,792. 

Estimated Total Annual Burden on 

Respondents for this Interim Rule: 

52,370. 

ESTIMATED ANNUAL BURDEN FOR 0584—NEW, NATIONAL SCHOOL LUNCH PROGRAM, 7 CFR 210 

Section 

Estimated 

number of 

respondents 

Frequency 

of 

responses 

Average 

annual 

responses 

Average 

burden per 

response 

Annual burden 

hours 

Recordkeeping (Local Educational Agencies) 

Names of children approved for 

meals based on documentation 

certifying that the child is included 

in a household currently approved 

to receive benefits under SNAP.

7 CFR 210.9 

(b)(19) and 7 

CFR 210.15 

(b)(4).

20,948 3 62,844 0.5 31,422 

Names of children approved for 

meals based on documentation 

certifying that the child is included 

in a household currently approved 

to receive benefits under FDPIR, 

TANF, or is a homeless child, migrant child, Head Start child, or a 

runaway child.

7 CFR 210.9 

(b)(19) and 7 

CFR 210.15 

(b)(4).

20,948 1 20,948 1 20,948 

Total Recordkeeping for Interim Rule .............................. 20,948 4 83,792 0.625 * 52,370 

Total Existing Recordkeeping Burden 

for Part 210.

.............................. ........................ ........................ ........................ ........................ 8,903,547 

Total Burden Increase for Part 210 ... .............................. ........................ ........................ ........................ ........................ 51,620 

Total Recordkeeping Burden for Part 

210 with Interim Rule.

.............................. ........................ ........................ ........................ ........................ 8,955,167 

* Includes 750 hours already in existing rule for this purpose, so net change is 51,620. 


jdjones on DSKHWCL6B1PROD with RULES
22796 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 

Estimated Annual Burden for 0584— 

NEW, Determining Eligibility for Free 

and Reduced Price Meals, 7 CFR 245 

Respondents for this Interim Rule: 

Households (8,262,043) and State 

Education Agencies (54). 

Estimated Number of Respondents for 

this Interim Rule: 8,262,097. 

Estimated Number of Responses per 

Respondent for this Interim Rule: 

1.0232267. 

Estimated Total Annual Responses: 

8,453,997. 

Estimated Total Annual Burden on 

Respondents for this Interim Rule: 

673,665.710. 

ESTIMATED ANNUAL BURDEN FOR 0584—NEW, DETERMINING ELIGIBILITY FOR FREE AND REDUCED PRICE MEALS, 7 CFR 

245 

Section 

Estimated number of respondents 

Frequency of 

response 

Average annual 

responses 

Average 

burden per 

response 

Annual burden 

hours 

Reporting (Households) 

Households complete application 

form.

7 CFR 245.6(a) 8,262,043 1 8,262,043 0.07 578,343.01 

Households assemble written evidence and send to local educational agency.7 CFR 245.6a 

(a)(7)(i).

190,000 1 167,441 0.5 95,000.00 

Households cooperate by providing 

collateral contacts.

7 CFR 245.6a 

(a)(7)(ii).

1,900 1 1,900 0.167 317.30 

Total Reporting for Interim Rule .... ............................ 8,262,043 1 8,453,943 0.079686 *673,660.31 

Total Existing Reporting Burden for 

Part 245.

............................ .......................... .......................... .......................... ........................ 1,067,387.132 

Total Burden Decrease for Part 

245.

............................ .......................... .......................... .......................... ........................ (113,070.55) 

Total Reporting Burden for Part 

245 with Interim Rule.

............................ .......................... .......................... .......................... ........................ 954,316.582 

* Represents reduction of 113,070.55 from existing burden. 

ESTIMATED ANNUAL BURDEN FOR 0584—NEW, DETERMINING ELIGIBILITY FOR FREE AND REDUCED PRICE MEALS, 7 CFR 

245 

Section 

Estimated 

number of 

respondents 

Frequency of 

response 

Average 

annual 

responses 

Average 

burden per 

response 

Annual 

burden hours 

Recordkeeping 

State agency must maintain agreements with local educational agencies conducting eligibility determinations for SNAP.7 CFR 245.6(b) ...

(1)(iv) ...................

54 1 54 0.1 5.40 

Total Recordkeeping for Interim Rule .............................. 54 1 54 0.1 5.40 

Total Existing Recordkeeping Burden 

for Part 245.

.............................. ........................ ........................ ........................ ........................ 6,045.000 

Total Recordkeeping Burden for Part 

245 with Interim Rule.

.............................. ........................ ........................ ........................ ........................ 6,050.400 

SUMMARY OF BURDEN (OMB #0584—NEW) 7 CFR 210 

TOTAL NUMBER of RESPONDENTS ........................................................................................................................................ 20,948 

AVERAGE NUMBER of RESPONSES PER RESPONDENT .................................................................................................... 4 

TOTAL ANNUAL RESPONSES .................................................................................................................................................. 83,792 

AVERAGE HOURS PER RESPONSE ........................................................................................................................................ .625 

TOTAL BURDEN HOURS FOR PART 210 WITH INTERIM RULE ........................................................................................... 11,898,524 

CURRENT OMB INVENTORY FOR PART 210 ......................................................................................................................... 11,846,904 

DIFFERENCE (NEW BURDEN REQUESTED WITH INTERIM RULE) ..................................................................................... 51,620 

SUMMARY OF BURDEN (OMB #0584—NEW) 7 CFR 245 

TOTAL NUMBER of RESPONDENTS ........................................................................................................................................ 8,262,097 

AVERAGE NUMBER OF RESPONSES PER RESPONDENT .................................................................................................. 1.0232266 

TOTAL ANNUAL RESPONSES .................................................................................................................................................. 8,453,997 

AVERAGE HOURS PER RESPONSE ........................................................................................................................................ 0.079686 

NEW TOTAL REPORTING AND RECORDKEEPING BURDEN HOURS FOR PART 245 WITH INTERIM RULE ................. 960,366.98 

PROPOSED OMB INVENTORY FOR PART 245 ...................................................................................................................... 1,073,432.000 

DIFFERENCE (NEW BURDEN REDUCTION REQUESTED WITH INTERIM RULE) .............................................................. (113,065.10) 


jdjones on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 22797 

E-Government Act Compliance 

FNS is committed to compliance with 

the 2002 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. 

Public Participation 

This action is being issued without 

prior notice or public comment under 

authority of 5 U.S.C. 553(b)(3)(A) and 

(B). In recognition of the need to 

implement the provisions on direct 

certification and expanded categorical 

eligibility in order to facilitate 

participation of needy students and to 

reduce the burden on local educational 

agencies, section 501(b) of the 

Reauthorization Act allows the 

Department to issue interim rules on 

these and other provisions in that law. 

Thus, the Department has determined in 

accordance with 5 U.S.C. 553(b) that 

Notice of Proposed Rulemaking and an 

opportunity for prior public comment is 

unnecessary and contrary to the public 

interest and, in accordance with 5 

U.S.C. 553(d), finds that good cause 

exists for making this action effective 

without prior public comment. 

However, as noted earlier in this 

preamble, the Department recognizes 

that there are some discretionary areas 

inherent in these provisions and has 

concluded that it is important to 

provide an opportunity for public 

comment to facilitate policy 

development through the rulemaking 

process. In addition, several of the 

discretionary provisions have long 

implementation timeframes. 

List of Subjects 

7 CFR Part 210 

Children, Commodity School 

Program, Food assistance programs, 

Grants programs—social programs, 

National School Lunch Program, 

Nutrition, Reporting and recordkeeping 

requirements, Surplus agricultural 

commodities. 

7 CFR Part 215 

Food assistance programs, Grant 

programs—education, Grant programshealth, Infants and children, Milk, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 220 

Grant programs—education, Grant 

programs—health, Infants and children, 

Nutrition, Reporting and recordkeeping 

requirements, School breakfast and 

lunch programs. 

7 CFR Part 225 

Food assistance programs, Grant 

programs—health, Infants and children, 

Labeling, Reporting and recordkeeping 

requirements. 

7 CFR Part 226 

Accounting, Aged, Day care, Food 

assistance programs, Grant programs, 

Grant programs—health, American 

Indians, Individuals with disabilities, 

Infants and children, Intergovernmental 

relations, Loan programs, Reporting and 

recordkeeping requirements, Surplus 

agricultural commodities. 

7 CFR Part 245 

Civil rights, Food assistance 

programs, Grant programs—education, 

Grant programs—health, Infants and 

children, Milk, Reporting and 

recordkeeping requirements, School 

breakfast and lunch programs. 

Accordingly, 7 CFR parts 210, 215, 

220, 225, 226 and 245 are amended as 

follows: 

PART 210—NATIONAL SCHOOL 

LUNCH PROGRAM 

■ 1. The authority citation for part 210 

continues to read as follows: 

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

■ 2. In § 210.9: 

■ a. Revise paragraph (b)(18); 

■ b. Redesignate paragraphs (b)(19) and 

(b)(20) as paragraphs (b)(20) and (b)(21), 

respectively; and 

■ c. Add a new paragraph (b)(19). 

The revision and addition read as 

follows: 

§ 210.9 Agreement with State agency. 

* * * * * 

(b) * * * 

(18) Maintain files of currently 

approved and denied free and reduced 

price applications which must be 

readily retrievable by school. 

(19) Maintain files of the names of 

children currently approved for free 

meals through direct certification with 

the supporting documentation, as 

specified in § 245.6(b)(5) of this chapter, 

which must be readily retrievable by 

school. Documentation for direct 

certification must include information 

obtained directly from the appropriate 

State or local agency, or other 

appropriate individual, as specified by 

FNS, that: 

(i) A child in the Family, as defined 

in § 245.2 of this chapter, is receiving 

benefits from SNAP, FDPIR or TANF, as 

defined in § 245.2 of this chapter; if one 

child is receiving such benefits, all 

children in that family are considered to 

be directly certified; 

(ii) The child is a homeless child as 

defined in § 245.2 of this chapter; 

(iii) The child is a runaway child as 

defined in § 245.2 of this chapter; 

(iv) The child is a migrant child as 

defined in § 245.2 of this chapter; or 

(v) The child is a Head Start child as 

defined in § 245.2 of this chapter. 

* * * * * 

■ 3. Section 210.18 is amended by 

revising paragraph (g)(1)(i)(A)(3); 

paragraph (g)(1)(i)(A)(4); and the second 

sentence of paragraph (g)(1)(i)(B) to read 

as follows: 

§ 210.18 Administrative reviews. 

* * * * * 

(g) * * * 

(1) * * * 

(i) * * * 

(A) * * * 

(3) Evaluate if the previous year’s 

eligibility determinations were used as 

required in § 245.6(c)(2) of this chapter. 

(4) In the case where children are 

determined eligible for free lunches 

through direct certification, as specified 

in § 245.6 of this chapter, establish that 

the documentation for direct 

certification of children is official and 

from the appropriate State or local 

agency or another appropriate 

individual, as approved by FNS; 

establish that all information required 

under § 245.6 of this chapter is complete 

and the children were enrolled in the 

school under review during the review 

period. 

(B) * * * The State agency shall 

determine whether the system for 

issuing benefits and updating children’s 

eligibility status is adequate and, within 

the timeframes established in 

§ 210.7(c)(1)(ii)(B), reflects changes due 

to verification findings, transfers, or a 

household’s decision to decline 

benefits. 

* * * * * 

§ 210.19 [Amended] 

■ 4. Section 210.19 is amended in 

paragraph (c)(6) introductory text by 

removing the phrase ‘‘paragraphs 

(c)(6)(i) and (ii)’’ and adding in its place 

‘‘paragraphs (c)(6)(i) through (c)(6)(iii)’’; 

and paragraph (c)(6)(ii) by removing the 

term ‘‘food stamp’’ and adding in its 

place ‘‘SNAP’’. 

§ 210.23 [Amended] 

■ 5. Section 210.23 is amended in 

paragraph (b), last sentence, by 

removing the words ‘‘FNS Instruction 

113–6’’ and adding in their place the 

words ‘‘FNS Instruction 113–1’’. 


jdjones on DSKHWCL6B1PROD with RULES
22798 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 

PART 215—SPECIAL MILK PROGRAM 

FOR CHILDREN 

■ 6. The authority citation for part 215 

continues to read as follows: 

Authority: 42 U.S.C. 1772 and 1779. 

§ 215.13a [Amended] 

■ 7. Section 215.13a is amended in 

paragraph (f) by removing the term 

‘‘Food Stamp’’ and adding in its place 

‘‘SNAP’’. 

PART 220—SCHOOL BREAKFAST 

PROGRAM 

■ 8. The authority citation for part 220 

continues to read as follows: 

Authority: 42 U.S.C. 1773, 1779, unless 

otherwise noted. 

§ 220.2 [Amended] 

■ 9. Section 220.2, the definition of 

‘‘School in severe need’’ is amended by 

removing ‘‘§ 220.9(e)’’ and adding in its 

place ‘‘§ 220.9(d)’’. 

■ 10. Section 220.7 is amended by 

revising paragraph (e)(14) to read as 

follows: 

§ 220.7 Requirements for participation. 

* * * * * 

(e) * * * 

(14) Retain documentation of free or 

reduced price eligibility as follows: 

(i) Maintain files of currently 

approved and denied free and reduced 

price applications which must be 

readily retrievable by school for a period 

of three years after the end of the fiscal 

year to which they pertain; or 

(ii) Maintain files with the names of 

children currently approved for free 

meals through direct certification with 

the supporting documentation, as 

specified in § 245.6(b)(4) of this chapter, 

which must be readily retrievable by 

school. Documentation for direct 

certification must include information 

obtained directly from the appropriate 

State or local agency, or other 

appropriate individual, as specified by 

FNS, that: 

(A) A child in the Family, as defined 

in § 245.2 of this chapter, is receiving 

benefits from SNAP, FDPIR or TANF, as 

defined in § 245.2 of this chapter; if one 

child is receiving such benefits, all 

children in that family are considered to 

be directly certified; 

(B) The child is a homeless child as 

defined in § 245.2 of this chapter; 

(C) The child is a runaway child as 

defined in § 245.2 of this chapter; 

(D) The child is a migrant child as 

defined in § 245.2 of this chapter; or 

(E) The child is a Head Start child, as 

defined in § 245.2 of this chapter. 

* * * * * 

PART 225—SUMMER FOOD SERVICE 

PROGRAM 

■ 11. The authority citation for part 225 

continues to read as follows: 

Authority: Secs. 9, 13 and 14, Richard B. 

Russell National School Lunch Act, as 

amended (42 U.S.C. 1758, 1761 and 1762a) 

■ 12. In § 225.2: 

■ a. The introductory text of paragraph 

(b) and paragraph (b)(1) of the definition 

of ‘‘Documentation’’ are amended by 

removing the term ‘‘food stamp,’’ and 

adding in its place ‘‘SNAP,’’; 

■ b. Remove the definition of ‘‘Food 

stamp household’’; and 

■ c. Add a definition of ‘‘SNAP 

household’’ in alphabetical order to read 

as follows: 

§ 225.2 Definitions. 

* * * * * 

SNAP household means any 

individual or group of individuals 

which is currently certified to receive 

assistance as a household from SNAP, 

the Supplemental Nutrition Assistance 

Program, as defined in § 245.2 of this 

chapter. 

* * * * * 

§ 225.6 [Amended] 

■ 13. In § 225.6: 

■ a. In paragraph (c)(2)(i)(L), the second 

sentence is amended by removing the 

term ‘‘food stamps,’’ and adding in its 

place ‘‘SNAP benefits,’’ ; 

■ b. The last sentence of paragraph 

(c)(4)(ii)(B) is amended by removing the 

term ‘‘food stamp,’’ and adding in its 

place ‘‘SNAP,’’ and 

■ c. Paragraph (h)(2)(vii) is amended by 

removing the words ‘‘General 

Accounting Office’’ and adding in their 

place the words ‘‘Government 

Accountability Office’’. 

§ 225.7 [Amended] 

■ 14. Section 225.7 is amended in 

paragraph (g)(1) by removing the word 

‘‘handicap’’ and adding in its place the 

word ‘‘disability’’; 

■ 15. Section 225.15 is amended by: 

■ a. Removing the term ‘‘food stamp’’ 

and adding in its place ‘‘SNAP’’ 

wherever it appears in the following 

paragraphs: 

■ i. The third sentence of paragraph (e); 

■ ii. The heading of the introductory 

text of paragraph (f)(3); 

■ iii. Paragraph (f)(3)(i); 

■ iv. Paragraph (f)(4)(ii); 

■ v. Paragraph (f)(4)(iv); 

■ vi. Paragraph (f)(4)(viii); 

■ vii. Paragraph (f)(5)(i); and 

■ viii. Paragraph (f)(5)(vi). 

■ b. In paragraph (e) by removing the 

word ‘‘labelled’’ and adding in its place 

the word ‘‘labeled’’ and by removing the 

word ‘‘handicap’’ and adding in its place 

the word ‘‘disability’’. 

PART 226—CHILD AND ADULT CARE 

FOOD PROGRAM 

■ 16. The authority citation for part 226 

continues to read as follows: 

Authority: Secs. 9, 11, 14, 16, and 17, 

Richard B. Russell National School Lunch 

Act, as amended (42 U.S.C. 1758, 1759a, 

1762a, 1765 and 1766). 

■ 17. In § 226.2: 

■ a. Amend the definition 

Documentation by removing the term 

‘‘food stamp’’ and adding in its place 

‘‘SNAP’’ in paragraph (b) introductory 

text, paragraph (b)(1), paragraph (d) 

introductory text, and paragraph (d)(1); 

■ b. Amend the definition Free meal by 

removing the term ‘‘food stamp’’ and 

adding in its place ‘‘SNAP,’’ each time it 

appears; 

■ c. Amend the definition Verification 

by removing the term ‘‘food stamp’’ and 

adding in its place ‘‘SNAP,’’ each time it 

appears; 

■ d. Remove the definition of ‘‘Food 

Stamp household’’, and add a definition 

of SNAP household in alphabetical 

order to read as follows: 

§ 226.2 Definitions. 

* * * * * 

SNAP household means any 

individual or group of individuals 

which is currently certified to receive 

assistances as a household from SNAP, 

the Supplemental Nutrition Assistance 

Program, as defined in § 245.2 of this 

chapter. 

* * * * * 

§ 226.6 [Amended] 

■ 18. In § 226.6, paragraph (f)(1)(viii)(E) 

is amended by removing the term ‘‘Food 

Stamp Program’’ and adding in its place 

‘‘SNAP’’ each time it appears. 

§ 226.10 [Amended] 

■ 19. Section 226.10 is amended in 

paragraph (d) by removing the words 

‘‘General Accounting Office’’ and adding 

in their place the words ‘‘Government 

Accountability Office’’; 

§ 226.23 [Amended] 

■ 20. Section 226.23 is amended by: 

■ a. Removing the term ‘‘food stamp’’ 

and adding in its place ‘‘SNAP’’ each 

time it appears in the following 

paragraphs: 

■ i. Paragraph (c)(2); 

■ ii. Paragraph (d); 

■ iii. Paragraph (e)(1)(i); 

■ iv. Paragraph (e)(1)(iii)(E), first and 

seventh sentence; 

■ v. Paragraph (e)(1)(iv) introductory 

text; 


jdjones on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 22799 

■ vi. Paragraph (e)(1)(iv)(B); 

■ vii. Paragraph (e)(1)(v) introductory 

text; 

■ viii. Paragraph (e)(1)(v)(A); 

■ ix. Paragraph (e)(1)(v)(B); 

■ x. Paragraph (e)(2)(vii)(A); 

■ xi. Paragraph (h)(2)(i)(A); 

■ xii. Paragraph (h)(2)(i)(B); 

■ xiii. Paragraph (h)(2)(iii)(A); 

■ xiv. Paragraph (h)(2)(iv) introductory 

text; 

■ xv. Paragraph (h)(2)(iv)(A); 

■ xvi. Paragraph (h)(2)(v)(C), second 

sentence. 

■ b. Removing the term ‘‘Food stamp’’ 

and adding in its place ‘‘SNAP’’ each 

time it appears in the following 

paragraphs: 

■ i. Paragraph (e)(1)(ii)(F); 

■ ii. Paragraph (e)(1)(iv)(A); 

■ iii. Paragraph (h)(2)(v)(A). 

■ c. In paragraph (e)(1)(iii)(E), and in 

paragraph (h)(2)(vi), by removing the 

words ‘‘food stamps’’ and adding in their 

place the word ‘‘SNAP’’. 

■ d. In paragraphs (d), (e)(2)(iv) and (h) 

by removing the word ‘‘handicap’’ and 

adding in its place the word ‘‘disability’’; 

■ e. In paragraph (e)(1)(iii)(E) by 

removing the term ‘‘CCFP’’ and adding 

in its place the term ‘‘CACFP’’; 

■ f. In paragraph (h)(2)(iv) introductory 

text, first sentence by removing the 

words ‘‘the Food Stamp, FDPIR or TANF 

program’’ and adding in their place the 

words ‘‘SNAP, FDPIR or TANF’’; 

■ g. In paragraph (h)(2)(iv) introductory 

text, second sentence by removing the 

words ’’ Food Stamp, FDPIR or TANF 

program’’ and adding in their place the 

words ‘‘SNAP, FDPIR or TANF’’ and by 

removing the words at the end of the 

sentence ‘‘in the Food Stamp, FDPIR or 

TANF Programs’’ and adding in their 

place the words’’ in SNAP, FDPIR or 

TANF’’ ; 

■ h. In paragraph (h)(2)(iv) introductory 

text, fourth sentence by removing the 

words ‘‘in the Food Stamp Program’’ and 

adding in their place the word ‘‘SNAP’’; 

■ i. In paragraph (h)(2)(iv)(A), first 

sentence by removing the words ‘‘Food 

Stamp’’ and adding in their place the 

word ‘‘SNAP’’. 

PART 245—DETERMINING 

ELIGIBILITY FOR FREE AND 

REDUCED PRICE MEALS AND FREE 

MILK IN SCHOOLS 

■ 21. The authority citation for part 245 

continues to read as follows: 

Authority: 42 U.S.C. 1752, 1758, 1759a, 

1772, 1773, and 1779. 

■ 22. In § 245.2: 

■ a. Remove the definitions of ‘‘Food 

Stamp Program’’, and ‘‘Food Stamp 

Household’’; 

■ b. In the definition Documentation, 

paragraphs (1)(ii) and (2) are revised; 

■ c. In the definition Verification, the 

fourth sentence is amended by removing 

the term ‘‘Food Stamp Program’’ and 

adding in its place ‘‘SNAP’’; and 

removing the term ‘‘food stamps’’ and 

adding in its place ‘‘SNAP’’; 

■ d. Add definitions of ‘‘Categorically 

eligible’’, ‘‘Direct certification’’, ‘‘Head 

Start child’’, ‘‘Homeless child’’, ‘‘Migrant 

child’’, ‘‘Runaway child’’, ‘‘SNAP’’, and 

‘‘SNAP household’’ in alphabetical 

order. 

The additions and revision read as 

follows: 

§ 245.2 Definitions. 

* * * * * 

Categorically eligible means 

considered income eligible for free 

meals or free milk, as applicable, based 

on documentation that a child is a 

member of a Family, as defined in this 

section, and one or more children in 

that family are receiving assistance 

under SNAP, FDPIR or the TANF 

program, as defined in this section. A 

Homeless child, a Migrant child, a Head 

Start child and a Runaway child, as 

defined in this section, are also 

categorically eligible. Categorical 

eligibility and automatic eligibility may 

be used synonymously. 

* * * * * 

Direct certification means 

determining a child is eligible for free 

meals or free milk, as applicable, based 

on documentation obtained directly 

from the appropriate State or local 

agency or individuals authorized to 

certify that the child is a member of a 

household receiving assistance under 

SNAP, as defined in this section; is a 

member of a household receiving 

assistance under FDPIR or under the 

TANF program, as defined in this 

section; a Homeless child, a Migrant 

child, a Head Start child and a Runaway 

child, as defined in this section. 

* * * * * 

Documentation means: 

(1) * * * 

(ii) For a child who is receiving 

assistance under SNAP, FDPIR or 

TANF, as defined in this section, the 

child’s name and appropriate SNAP or 

TANF case number or FDPIR case 

number or other FDPIR identifier and 

signature of an adult household 

member. 

(2) In lieu of completion of the free 

and reduced price meal application: 

(i) Information obtained from the 

State or local agency responsible for 

administering SNAP, FDPIR or TANF, 

as defined in this section. 

Documentation for these programs 

includes the name of the child; a 

statement certifying that the child is a 

member of a household receiving 

assistance under SNAP, FDPIR or 

TANF, as defined in this section; 

information in sufficient detail to match 

the child attending school in the local 

educational agency with the name of a 

child who is a member of one of the 

applicable programs as defined in this 

section; the signature of the official from 

the applicable program who is 

authorized to provide such 

documentation on behalf of that 

program and the date that the official 

signed the certification statement; 

(ii) (A) A letter or other document 

provided to the household by the 

agency administering FDPIR or the 

TANF program, as defined in this 

section or by the entity or official 

authorized to administer an eligible 

program for a Migrant child, Homeless 

child, Runaway child, or Head Start 

child, as defined in this section; or 

(B) A letter or document from the 

agency administering the SNAP 

program that was voluntarily submitted 

by the household to the local 

educational agency; 

(iii) Information from the local 

educational agency, such as enrollment 

information or information from 

applications submitted for free or 

reduced price meals, or from SNAP, 

FDPIR or TANF program officials that 

indicate there are children in a Family, 

as defined in this section, who were not 

documented as receiving assistance 

under SNAP, FDPIR or TANF, in order 

to extend categorical eligibility to such 

children as found in § 245.6(b)(7). 

Documentation for these purposes is the 

information discussed in paragraph 

(2)(i) of this definition, plus a written 

statement by a local educational agency 

official briefly explaining how the 

presence of additional children in the 

family was determined. 

(iv) Information obtained from an 

official responsible for determining if a 

child is a Homeless child, a Migrant 

child, a Head Start child and a Runaway 

child, as defined in this section. 

Documentation for these children 

includes the name of the child; a 

statement certifying that the child has 

been determined eligible for that 

program or is enrolled in the Head Start 

Program; information in sufficient detail 

to match the child attending school in 

the local educational agency with the 

name of a child who has been 

determined eligible for that program or 

is enrolled in an eligible Head Start 

Program; the signature of the official 

from the program who is authorized to 

provide such documentation on behalf 

of that program and the date that the 

official signed the certification 

statement. Documentation may also be a 


jdjones on DSKHWCL6B1PROD with RULES
22800 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 

list of children or a computer match that 

includes this information. 

(v) When a signature is impracticable 

to obtain, such as in a computer match, 

the local educational agency shall have 

a method to ensure that a responsible 

official can attest to the accuracy of the 

information provided. 

* * * * * 

Head Start child means a child 

enrolled as a participant in a Head Start 

program authorized under the Head 

Start Act (42 U.S.C. 9831 et seq.) 

Homeless child means a child 

identified as lacking a fixed, regular and 

adequate nighttime residence, as 

specified under section 725(a) of the 

McKinney-Vento Homeless Assistance 

Act (42 U.S.C. 11434a(2)) by the local 

educational agency liaison, director of a 

homeless shelter or other individual 

identified by FNS. 

* * * * * 

Migrant child means a child identified 

as meeting the definition of migrant in 

section 1309 of the Elementary and 

Secondary Education Act of 1965 (20 

U.S.C. 6399) by the State or local 

Migrant Education Program coordinator 

or the local educational liaison, or other 

individual identified by FNS. 

* * * * * 

Runaway child means a child 

identified as a runaway receiving 

assistance under a program under the 

Runaway and Homeless Youth Act (42 

U.S.C. 5701 et seq.) by the local 

educational liaison, or other individual 

in accordance with guidance issued by 

FNS. 

* * * * * 

SNAP means the Supplemental 

Nutrition Assistance Program 

established under the Food and 

Nutrition Act of 2008 (7 U.S.C. 2011 et. 

seq.) and operated under parts 271 and 

283 of this chapter. 

SNAP household means any 

individual or group of individuals 

currently certified to receive assistance 

as a household from SNAP. 

* * * * * 

■ 23. Section 245.3(b) is revised to read 

as follows: 

§ 245.3 Eligibility standards and criteria. 

* * * * * 

(b) Each participating local 

educational agency and all participating 

schools under its jurisdiction must 

adhere to the eligibility criteria 

specified in this part. Local educational 

agencies must include these eligibility 

criteria in their policy statement as 

required under § 245.10 and it must be 

publicly announced in accordance with 

the provisions of § 245.5. Additionally, 

each State agency, or FNSRO where 

applicable, must require that local 

educational agencies accept as income 

eligible for free meals and free milk, 

children who are categorically eligible 

for those benefits based on 

documentation of eligibility, as 

specified in § 245.6 (b). 

* * * * * 

■ 24. Section 245.5 is amended as 

follows: 

■ a. In paragraph (a)(1)(iv) remove the 

term ‘‘food stamp’’ and add in its place 

‘‘SNAP’’; 

■ b. Redesignate paragraphs (a)(1)(x) 

and (a)(1)(xi) as paragraphs (a)(1)(xi) 

and (a)(1)(xii), respectively, and add a 

new paragraph (a)(1)(x) to read as 

follows: 

§ 245.5 Public announcement of the 

eligibility criteria. 

(a) * * * 

(1) * * * 

(x) An explanation that Head Start 

enrollees and certain migrant, homeless, 

and runaway children are categorically 

eligible for free meals and free milk and 

their families should contact the school 

for more information. 

* * * * * 

■ 25. Section 245.6 is amended as 

follows: 

■ a. Paragraph (a)(6) is amended by 

removing the term ‘‘Food Stamp 

Program’’ and adding in its place 

‘‘SNAP’’ and by removing the term ‘‘food 

stamp’’ and adding in its place ‘‘SNAP’’; 

■ b. Paragraph (a)(8)(i) is amended by 

removing the term ‘‘Food Stamp’’ and 

adding in its place ‘‘Supplemental 

Nutrition Assistance Program (SNAP)’’; 

■ c. Amend paragraph (a)(8)(ii) by 

adding two new sentences at the end; 

■ d. Revise paragraph (b); 

■ e. Amend paragraph (c)(2) by adding 

two sentences at the end; 

■ f. Revise paragraph (c)(5); 

■ g. In paragraph (c)(6)(ii), the first 

sentence is amended by removing ‘‘Food 

Stamp Program, FDPIR or TANF 

Program’’ and adding in its place 

‘‘SNAP, FDPIR or TANF’’; and 

■ h. In paragraph (c)(6)(ii), the last 

sentence is amended by removing the 

term ‘‘food stamp’’ and adding in its 

place ‘‘SNAP’’; 

■ i. Amend paragraph (c)(6)(ii) by 

adding a new sentence at the end. 

The addition and revisions read as 

follows: 

§ 245.6 Application, eligibility and 

certification of children for free and reduced 

price meals and free milk. 

(a) * * * 

(8) * * * 

(ii) * * * Also, certain migrant, 

homeless, and runaway children and 

children enrolled in a Head Start 

program are categorically eligible for 

free meals and free milk. If you are 

completing an application for these 

children, contact the school for more 

information. 

* * * * * 

(b) Direct certification. In lieu of 

requiring a household to complete the 

free and reduced price meal or free milk 

application, as specified in paragraph 

(a) of this section, the local educational 

agency must certify children as eligible 

for free meals or free milk in accordance 

with paragraph (b)(1)(i) of this section or 

may certify children as eligible for free 

meals or free milk in accordance with 

paragraph (b)(2) of this section. If a 

household also submits an application 

for directly certified children, the direct 

certification eligibility determination 

will take precedence. 

(1) Mandatory direct certification of 

children in SNAP households. (i) All 

local educational agencies conducting 

eligibility determinations must directly 

certify children who are members of a 

household receiving assistance under 

SNAP, as defined in § 245.2, in School 

Year 2008–2009, which begins on July 

1, 2008, and each subsequent school 

year. 

(ii) Schools participating only in the 

Special Milk Program authorized under 

part 215 of this chapter may directly 

certify children for that program but are 

not required to conduct direct 

certification with SNAP. In addition, 

residential child care institutions, as 

defined in paragraph (c) of the 

definition of School in § 210.2 of this 

chapter, that do not have nonresidential children are also not 

required to conduct direct certification 

with SNAP. 

(iii) Beginning in School Year 2012– 

2013, direct certification shall be 

conducted using a data matching 

technique only and letters to household 

for direct certification may be used only 

as an additional means to notify 

households of children’s eligibility 

based on receipt of SNAP benefits. The 

last period that letters to households 

may be used as the primary method for 

direct certification is School Year 2011– 

12. 

(iv) Each State agency must enter into 

an agreement with the State agency 

conducting eligibility determinations for 

SNAP. The agreement must specify the 

procedures that will be used to facilitate 

the direct certification of children who 

are members of a household receiving 

assistance under SNAP, as defined in 

§ 245.2. The agreement must address 

procedures to comply with the 

requirements of paragraphs (b)(3) 

through (b)(9) of this section. Direct 


jdjones on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 22801 

certification must allow for notifying 

parents that their children have been 

determined eligible for free meals or free 

milk, as applicable, and that no further 

application is required. Such 

agreements must address how phase-out 

of non-electronic matches as the 

primary method for conducting direct 

certification for SNAP will be 

completed by School Year 2012–2013. 

The agreement shall be maintained by 

the State agency. 

(v) Schools applying to use Provision 

2 or Provision 3, as permitted under 

§ 245.9, are required to conduct direct 

certification only in base years. 

However, schools may elect to conduct 

direct certification at other times, such 

as streamlined base years, when 

eligibility determinations are made. 

(2) Children who may be directly 

certified. The local educational agency 

may directly certify children for free 

meals or free milk based on 

documentation received from the 

appropriate State or local agency that 

administers FDPIR or TANF, as defined 

in § 245.2, when that agency indicates 

that the children are members of a 

household receiving assistance under 

one of these programs. In addition, the 

local educational agency may directly 

certify children for free meals or free 

milk based on documentation from the 

appropriate State or local agency or 

other appropriate individual, as 

specified by FNS, that the child is a 

Migrant child, a Homeless child, a 

Runaway child, or a Head Start child, as 

defined in § 245.2. 

(3) Frequency of direct certification 

contacts with SNAP. (i) Until School 

Year 2011–2012, local educational 

agencies must conduct direct 

certification activities with SNAP at 

least at the beginning of the school year. 

(ii) (A) Beginning in School Year 

2011–2012, at a minimum, all local 

educational agencies must conduct 

direct certification as follows: 

(1) At or around the beginning of the 

school year; 

(2) Three months after the initial 

effort; and 

(3) Six months after the initial effort. 

(B) The information used shall be the 

most recent available. 

(iii) The names of all newly enrolled 

children and all children not certified 

for free meals shall be submitted for the 

direct certification required in 

paragraph (b)(3)(ii)(B) and paragraph 

(b)(3)(ii)(C) of this section. Newly 

enrolled children must be provided 

with application materials in order to 

alleviate a delay in receipt of free meals 

or free milk if direct certification for 

these children cannot be completed 

promptly upon enrollment. 

(iv) State agencies are encouraged to 

conduct direct certification more 

frequently to obtain information about 

newly enrolled children or children 

who may be newly certified for that 

program’s benefits. 

(4) Frequency of direct certification 

with other programs. Local educational 

agencies opting to conduct direct 

certification activities with FDPIR or 

TANF should conduct such activities at 

or around the beginning of the school 

year. Obtaining information about 

homeless, migrant, runaway children or 

Head Start enrollees should be done, at 

a minimum, at or around the beginning 

of the school year and when newly 

enrolled children or children newly 

eligible for those programs are being 

certified. 

(5) Direct certification documentation. 

(i) The required documentation for 

direct certification is provided in 

paragraph (2) of the definition of 

Documentation in § 245.2. 

(ii) (A) Beginning in School Year 

2012–2013, direct certification with 

SNAP shall be conducted using a data 

matching technique only. Letters to 

households for direct certification may 

be used only as an additional means to 

notify households of children’s 

eligibility based on receipt of SNAP 

benefits. The last period that letters to 

households may be used as the primary 

method for direct certification is School 

Year 2011–2012. While such notices 

cannot be the primary method used by 

a state to document receipt of SNAP, the 

local educational agency shall accept 

such a letter if presented by a 

household. 

(B) Letters or other documents may be 

used as the primary method for direct 

certification to document receipt of 

FDPIR or TANF benefits. 

(iii) Individual notices from officials 

of eligible programs for a Migrant child, 

Homeless child or Runaway child, as 

defined in § 245.2, or for a Head Start 

child, as defined in § 245.2 may 

continue to be used. These notices are 

provided to school officials who must 

certify these children as eligible for free 

meals or free milk, as applicable, 

without further application, upon 

receipt of such notice. 

(6) Officials who can provide 

documentation for direct certification. 

(i) The local educational agency must 

accept documentation from officials of 

the State or local agency that 

administers SNAP, certifying that a 

child is a member of a household 

receiving assistance under SNAP as 

defined in § 245.2, or officials of the 

State or local agency that administers 

FDPIR or TANF, as defined in § 245.2, 

certifying that a child is a member of a 

household receiving assistance under 

one of those programs. 

(ii) In the case of a child who is a 

Homeless child, as defined in § 245.2, 

the director of a homeless shelter or the 

local educational liaison for homeless 

children and youth may provide the 

appropriate documentation. The 

Migrant Education Program coordinator 

or the local educational liaison, as 

applicable, may provide the supporting 

documentation for a Migrant child, as 

defined in § 245.2. For a Head Start 

child, as defined in § 245.2, an official 

from that program may supply the 

documentation indicating enrollment in 

the Head Start program. Once the 

appropriate official has provided the 

direct certification documentation to the 

local educational agency, the child must 

have free benefits made available as 

soon as possible but no later than three 

operating days after the date the local 

educational agency receives the direct 

certification documentation. 

(7) Extension of eligibility to all 

children in a family. If any child is 

identified as a member of a household 

receiving assistance under SNAP, 

FDPIR, or TANF, all children in the 

Family, as defined in § 245.2, shall be 

categorically eligible for free meals or 

free milk. This applies to children 

identified through direct certification or 

through a free and reduced price 

application. 

(8) Migrant, Runaway, Homeless or 

Head Start Children. To be categorically 

eligible as a Migrant child, Runaway 

child, Homeless child or a Head Start 

child, the child’s individual eligibility 

or participation for these programs shall 

be established. Categorical eligibility 

based on these programs shall not be 

extended to other children in the 

household. 

(9) Confidential nature of direct 

certification information. Information 

about children or their households 

obtained through the direct certification 

process must be kept confidential and is 

subject to the limitations on disclosure 

of information in section 9 of the 

Richard B. Russell National School 

Lunch Act, 42 U.S.C. 1758. Therefore, 

information that a household is 

receiving benefits from SNAP, FDPIR or 

TANF or that a child is participating in 

another program which makes children 

categorically eligible for free school 

meals or free milk must be used solely 

for the purposes of direct certification 

for determining children’s eligibility for 

free school meals or free milk and as 

otherwise permitted under § 245.6(f). 

(10) Notification to families. For 

children who are directly certified, local 

educational agencies are not required to 

provide application materials and notice 


jdjones on DSKHWCL6B1PROD with RULES
22802 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations 

to parents informing them of the 

availability of free and reduced price 

meal benefits, as specified in § 245.5(a), 

when that information is distributed by 

mail, individualized student packets, or 

other method which prevents overt 

identification of children eligible for 

direct certification. 

(c) * * * 

(2) * * * Schools conducting an 

initial base year for Provision 2 that are 

approved to delay implementation as 

permitted under § 245.9(b)(6)(ii) are not 

required to carryover children’s prior 

year eligibility status as outlined in this 

paragraph (c). Carryover cannot be used 

when returning to standard meal 

counting and claiming under 

§ 245.9(c)(2)(i), when establishing a new 

base year under § 245.9(c)(2)(ii) or 

establishing a streamlined base year 

under § 245.9(c)(2)(iii). 

* * * * * 

(5) Categorical eligibility. (i) SNAP, 

FDPIR, TANF When a household 

submits an application containing the 

required SNAP, FDPIR or TANF 

documentation, as defined under 

Documentation in § 245.2, all children 

in that household shall be categorically 

eligible for free meals or free milk. 

Additionally, when the local 

educational agency obtains confirmation 

of eligibility for these programs through 

direct certification, all children who are 

identified as members of a Family, as 

defined in § 245.2, shall be categorically 

eligible for free meals or milk. 

(ii) Homeless, migrant, runaway 

children and Head Start enrollees. Upon 

receipt of Documentation, as defined in 

paragraph (2)(ii) and (2)(iv) of the 

definition in § 245.2, the local 

educational agency must approve such 

children for free benefits without further 

application. 

(6) * * * 

(ii) * * * The local educational 

agency must notify, in writing, 

households with children who are 

approved on the basis of documentation 

that they are Categorically eligible, as 

defined in § 245.2, that their children 

are eligible for free meals or free milk, 

and that no application is required. 

* * * * * 

■ 26. Section 245.6a(a)(1)(i) is revised to 

read as follows: 

§ 245.6a Verification requirements. 

(a) * * * 

(1) * * * 

(i) SNAP, as defined in 245.2; 

* * * * * 

§ 245.9 [Amended] 

■ 27. Section 245.9 is amended by 

removing the term ‘‘Food Stamp 

Program’’ and adding in its place 

‘‘SNAP’’ paragraphs (c)(1)(i) and (e)(1)(i). 

■ 28. Section 245.10 is amended by 

revising the last two sentences of 

paragraph (a)(3) to read as follows: 

§ 245.10 Action by local educational 

agencies. 

(a) * * * 

(3) * * * Additionally, the local 

educational agency must include the 

specific procedures it will use for 

obtaining documentation for 

determining children’s eligibility 

through direct certification, in lieu of an 

application. Local educational agencies 

shall also provide households that are 

directly certified with a notice of 

eligibility, as specified in § 245.6(c)(2) 

and shall include in their policy 

statement a copy of such notice. 

* * * * * 

■ 29. Section 245.11 is amended by 

removing the term ‘‘Food Stamp’’ and 

adding in its place ‘‘SNAP’’ in paragraph 

(h)(4)(iv). 

Dated: April 13, 2011. 

Kevin W. Concannon, 

Under Secretary, Food, Nutrition, and 

Consumer Services. 

[FR Doc. 2011–9457 Filed 4–22–11; 8:45 am] 

BILLING CODE 3410–30–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 26 

[NRC–2011–0084] 

RIN 3150–AI94 

Interim Enforcement Policy for 

Minimum Days Off Requirements 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Policy statement; revision. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is revising its Enforcement Policy to 

include a provision allowing licensees 

enforcement discretion if they 

implement an alternative approach to 

meet the NRC’s requirements for 

managing worker fatigue at operating 

nuclear power plants. This interim 

policy affects licensees subject to the 

minimum days off (MDO) requirements 

of the NRC’s fitness for duty regulations 

and will remain in place until the NRC 

publishes a revised rule associated with 

the MDO requirements for managing 

fatigue. 

DATES: This revision is effective April 

25, 2011. The NRC is not requesting 

comments on this revision to its 

Enforcement Policy at this time. 

ADDRESSES: You can access publicly 

available documents related to this 

document using the following methods: 

• NRC’s Public Document Room 

(PDR): The public may examine and 

have copied, for a fee, publicly available 

documents at the NRC’s PDR, O1–F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): Publicly available documents 

created or received at the NRC are 

available electronically at the NRC’s 

Electronic Reading Room at http:// 

www.nrc.gov/reading-rm/adams.html. 

From this page, the public can gain 

entry into ADAMS, which provides text 

and image files of NRC’s public 

documents. The Enforcement Policy is 

also accessible via ADAMS accession 

number ML093480037. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. 

• Federal Rulemaking Web site: This 

revision to the NRC’s Enforcement 

Policy can be found at http:// 

www.regulations.gov by searching on 

Docket ID NRC–2011–0084. Address 

questions about NRC dockets to Carol 

Gallagher, telephone: 301–492–3668, 

e-mail: Carol.Gallagher@nrc.gov. 

The NRC also maintains the 

Enforcement Policy on its Web site at 

http://www.nrc.gov; select Public 

Meetings and Involvement, then 

Enforcement, and then Enforcement 

Policy. 

FOR FURTHER INFORMATION CONTACT: 

Gerry Gulla, Office of Enforcement, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–2872; e-mail: 

Gerald.Gulla@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 31, 2008 (73 FR 17176), the 

NRC published a final rule in the 

Federal Register amending Title 10 of 

the Code of Federal Regulations, Part 26, 

‘‘Fitness for Duty Programs.’’ The 

Commission updated the requirements 

in 10 CFR part 26 by reorganizing the 

rule and adding Subpart I, ‘‘Managing 

Fatigue.’’ Subpart I establishes 

requirements for managing worker 

fatigue at operating nuclear power 

plants, which was in response to a need 

for clear and enforceable requirements 

for the management of worker fatigue. 

Although the rule was effective on April 

30, 2008, the NRC permitted an 


jdjones on DSKHWCL6B1PROD with RULES