### 41866 Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Proposed Rules

other manner verify that the specified corrective action has been taken.

* * * * *

■ 8. In § 225.12, revise the second sentence of paragraph (a) to read as follows:

**§ 225.12 Claims against sponsors.**

(a) * * * State agencies shall consider claims for reimbursement not properly payable if a sponsor’s records do not include all costs associated with the meal service and document that all costs are allowable. * * *

* * * * *

■ 9. In § 225.13, revise paragraph (b)(1) to read as follows:

**§ 225.13 Appeal procedures.**
* * * * *

(b) * * * (1) The sponsor or food service management company be advised in writing of the grounds upon which the State agency based the action. The notice of action shall also state that the sponsor or food service management company has the right to appeal the State’s action. The notice is considered to be received by the sponsor or food service management company when it is delivered by certified mail, return receipt (or the equivalent private delivery service), by facsimile, or by email. If the notice is undeliverable, it is considered to be received by the sponsor or food service management company, five days after being sent to the addressee’s last known mailing address, facsimile number, or email address;

* * * * *

■ 10. In § 225.14:

■ a. Amend introductory paragraph (d)(3) by removing the words ‘‘direct operational control’’ at the end of the first sentence and adding in their place the words ‘‘administrative oversight’’ and removing the words ‘‘Operational control’’ at the beginning of the second sentence and adding in their place the words ‘‘Administrative oversight’’; and

■ b. Revise paragraph (d)(3)(i).

The revision reads as follows:

**§ 225.14 Requirements for sponsor participation.** 
* * * * *

(d) * * * (3) * * * (i) Maintaining contact with meal service staff, ensuring that there is adequately trained meal service staff on site, monitoring the meal service throughout the period of Program participation, and terminating meal service at a site if staff fail to comply with Program regulations; and

* * * * * ■ 11. In § 225.15:

■ a. Add paragraph (a)(4);

■ b. Revise the first sentence of paragraph (c)(1); and

■ c. Revise the second sentence of introductory paragraph (m)(4);

■ d. Revise paragraph (m)(4)(xii); and

■ e. Revise paragraphs (m)(5) and (m)(6).

The addition and revisions read as follows:

**§ 225.15 Management responsibilities of**
**sponsors.**

(a) * * * (4) Sponsors must maintain documentation of a nonprofit food service. Program reimbursements and expenditures may be included in a single nonprofit food service account with funds from any other Child Nutrition Programs authorized under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966, except the Special Supplemental Nutrition Program for Women, Infants, and Children. All Program reimbursement funds must be used solely for the conduct of the food service operation. The net cash resources of the nonprofit food service of each sponsor participating in the Program may not exceed three months’ average expenditures. State agency approval shall be required for net cash resources in excess of three months’ average expenditures. Sponsors shall monitor Program costs and take action to improve the meal service or other aspects of the Program if actual costs are less than the anticipated reimbursement.

* * * * *

(c) * * * (1) Sponsors shall maintain accurate records of all costs associated with the meal service and document that all costs are allowable. * * *

* * * * *

(m) * * * (4) * * * Sponsors that are schools or school food authorities and have an exclusive contract with a food service management company for year-round service, and sponsors whose total contracts with food service management companies will not exceed the small purchase threshold in 41 U.S.C 403(11), shall not be required to comply with these procedures. * * *

* * * * *

(xii) All bids in an amount which exceeds the lowest bid and all bids totaling the amount specified in the small purchase threshold in 41 U.S.C 403(11), or more are submitted to the State agency for approval before acceptance. State agencies shall respond to a request for approval of such bids within 5 working days of receipt. (5) Each food service management company which submits a bid exceeding the small purchase threshold in 41 U.S.C. 403(11), shall obtain a bid bond in an amount not less than 5 percent nor more than 10 percent, as determined by the sponsor, of the value of the contract for which the bid is made. A copy of the bid bond shall accompany each bid.

(6) Each food service management company which enters into a food service contract exceeding the small purchase threshold in 41 U.S.C. 403(11), with a sponsor shall obtain a performance bond in an amount not less than 10 percent nor more than 25 percent of the value of the contract for which the bid is made, as determined by the State agency. Any food service management company which enters into more than one contract with any one sponsor shall obtain a performance bond covering all contracts if the aggregate amount of the contracts exceeds the small purchase threshold in 41 U.S.C. 403(11). Sponsors shall require the food service management company to furnish a copy of the performance bond within ten days of the awarding of the contract.

* * * * *

■ 12. In § 225.17, add paragraph (f) to read as follows:

**§ 225.17 Procurement standards.**
* * * * *

(f) All contracts in excess of $10,000 must contain a clause allowing termination for cause and for convenience by the sponsor including the manner by which it will be effected and the basis for settlement.

Dated: April 14, 2013. Audrey Rowe, Administrator, Food and Nutrition Service.
[FR Doc. 2013–16697 Filed 7–11–13; 8:45 am]

**BILLING CODE 3410–30–P**

**DEPARTMENT OF AGRICULTURE**

**Animal and Plant Health Inspection Service** 

**7 CFR Parts 319 and 340**

**[Docket No. APHIS–2008–0011]**

**RIN 0579–AD75**

**Restructuring of Regulations on the Importation of Plants for Planting** 

**AGENCY :**  Animal and Plant Health Inspection Service, USDA.

**ACTION :**  Proposed rule; reopening of comment period and notice of public presentation.


### 41867 Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Proposed Rules

**SUMMARY :**  We are reopening the comment period for our proposed rule that would restructure the regulations governing the importation of plants for planting. This action will allow interested persons additional time to prepare and submit comments. We are also giving notice of a conference call and Web presentation in which we will provide participants with an overview of the proposed rule.

**DATES :**  The comment period for the proposed rule published April 25, 2013 (78 FR 24634) is reopened. We will consider all comments that we receive on or before September 10, 2013. The conference call and Web presentation will be held on August 14, 2013, from 3 p.m. to 5 p.m. EDT.

**ADDRESSES :**  You may submit comments by either of the following methods:

• Federal eRulemaking Portal: Go to http://www.regulations.gov/ #!documentDetail;D=APHIS-2008-0011-
0001.

• Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS–2008–0011, Regulatory Analysis and Development, PPD, APHIS, Station 3A–03.8, 4700 River Road Unit 118, Riverdale, MD 20737–1238.

Supporting documents and any comments we receive on this docket may be viewed at http:// www.regulations.gov/ #!docketDetail;D=APHIS-2008-0011 or in our reading room, which is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799–7039 before coming.

**FOR FURTHER INFORMATION CONTACT :**  Ms. Heather Coady, Regulatory Policy Specialist, Plants for Planting Policy, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737; (301) 851–2076.

**SUPPLEMENTARY INFORMATION :**  On April 25, 2013, we published in the Federal Register (78 FR 24634–24663, Docket No. APHIS–2008–0011) a proposal that would restructure the regulations governing the importation of plants for planting in 7 CFR part 319.

Comments on the proposed rule were required to be received on or before June 24, 2013. We are reopening the comment period on Docket No. APHIS– 2008–0011 for an additional 60 days. This action will allow interested persons additional time to prepare and submit comments. We will also consider all comments received between June 24, 2013, and the date of this notice. In addition, we are providing notice of a conference call and Web presentation in which we will provide participants with an overview of the proposed rule. This event will be held on August 14, 2013, from 3 p.m. to 5 p.m. EDT. Although we will answer questions about the proposal during this event, we will not be soliciting or addressing any comments on the rule. Comments on the proposed rule may be submitted as described in the

**ADDRESSES** section of this document.

If you are interested in participating in this event, please register at https:// web01.aphis.usda.gov/MeetingReg.nsf/ MtgRegistration?openform. Approximately 1 week before the event, registered participants will receive an email with a link to the Web presentation and conference line information. If you have any questions about the event, please contact the person listed under **FOR FURTHER**
**INFORMATION CONTACT** by phone or by email at heather.s.coady@aphis.usda.gov.

Authority: 7 U.S.C. 450, 7701–7772, and 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

Done in Washington, DC, this 9th day of July 2013. Michael C. Gregoire, Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013–16762 Filed 7–11–13; 8:45 am]

**BILLING CODE 3410–34–P**

**DEPARTMENT OF ENERGY**

**10 CFR Part 429**

**[Docket No. EERE–2013–BT–NOC–0023]**

**Appliance Standards and Rulemaking Federal Advisory Committee: Notice of**  **Open Teleconference/Webinar**

**AGENCY :**  Office of Energy Efficiency and Renewable Energy, Department of Energy.

**ACTION :**  Notice of open meeting.

**SUMMARY :**  This notice announces an additional open meeting of the Commercial Heating, Ventilation, and Air-conditioning (HVAC), Water Heating (WH), and Refrigeration Certification Working Group (Commercial Certification Group). The purpose of the Commercial Certification Group is to undertake a negotiated rulemaking to discuss and, if possible, reach consensus on proposed certification requirements for commercial HVAC, WH, and refrigeration equipment, as authorized by the Energy Policy and Conservation Act of 1975, as amended, 42 U.S.C. 6313(a)(6)(C) and 6317(a).

**DATES :**  The additional meeting will be held on Wednesday, July 10, 2013, 9:00 a.m.–1:00 p.m. (EDT).

**ADDRESSES :**  Room 6075, 950 L’Enfant Plaza, Washington, DC 20024.

**FOR FURTHER INFORMATION CONTACT :**  John Cymbalsky, ASRAC Designated Federal Officer, Supervisory Operations Research Analyst, U.S. Department of Energy (DOE), Office of Energy Efficiency and Renewable Energy, 950 L’Enfant Plaza SW., Washington, DC 20024. Email: asrac@ee.doe.gov.

**SUPPLEMENTARY INFORMATION :** 

Membership: The members of the Certification Working Group were chosen from nominations submitted in response to the Department of Energy’s call for nominations published in the Federal Register on Tuesday, March 12, 2013. 78 FR 15653. The selections are designed to ensure a broad and balanced array of stakeholder interests and expertise on the negotiating working group for the purpose of developing a rule that is legally and economically justified, technically sound, fair to all parties, and in the public interest. All meetings are open to all stakeholders and the public, and participation by all is welcome within boundaries as required by the orderly conduct of business. The members of the Certification Group are as follows: DOE and ASRAC Representatives

• Laura Barhydt (U.S. Department of

Energy)

• John Mandyck (UTC Climate, Controls

& Security)

• Kent Peterson (P2S Engineering, Inc.)

Other Selected Members

• Karim Amrane (Air-Conditioning,

Heating and Refrigeration Institute)

• Timothy Ballo (EarthJustice)

• Jeff Bauman (National Refrigeration &

Air-Conditioning)

• Brice Bowley (GE Appliances)

• Mary Dane (Traulsen)

• Paul Doppel (Mitsubishi Electric US,

Inc.)

• Geoffrey Halley (SJI Consultants, Inc.)

• Pantelis Hatzikazakis (Lennox

International, Inc.)

• Charles Hon (True Manufacturing)

• Jill Hootman (Trane)

• Marshall Hunt (Pacific Gas and

Electric Company)

• Michael Kojak (Underwriters

Laboratories LLC)

• Karen Meyers (Rheem Manufacturing

Co.)

• Peter Molvie (Cleaver-Brooks Product

Development)

• Neil Rolph (Lochinvar, LLC)