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. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Proposed Rules 41867 

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) 


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