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

36315

Vol. 65, No. 111

Thursday, June 8, 2000

DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 210 and 220

RIN 0584–AC92

National School Lunch Program and

School Breakfast Program:

Identification of Blended Beef, Pork,

Poultry or Seafood Products

AGENCY: Food and Nutrition Service,

USDA.

ACTION: Interim rule.

SUMMARY: This interim rule addresses

the use of products or dishes containing

more than 30 parts fully hydrated

vegetable protein products to less than

70 parts beef, pork, poultry or seafood

in the National School Lunch Program

and the School Breakfast Program. To

the extent that participating school food

authorities identify foods in a menu or

on the serving line or through other

available means of communicating with

program participants, this interim rule

requires that school food authorities

identify such products or dishes in a

manner which does not characterize the

product or dish solely as beef, pork,

poultry or seafood. This interim rule is

intended to ensure that program

participants are not misinformed

regarding the use of blended products

and dishes.

DATES: Effective Date: This interim rule

will become effective July 10, 2000.

Comment Date: To be assured of

consideration, comments must be

postmarked on or before August 7, 2000.

ADDRESSES: Comments must be sent to:

Robert M. Eadie, Chief, Policy and

Program Development Branch, Child

Nutrition Division, Food and Nutrition

Service, USDA, 3101 Park Center Drive,

Alexandria, VA 22302 or via E:Mail at

CNDPROPOSAL@fns.usda.gov. All

written submissions will be available for

public inspection in Room 1007, 3101

Park Center Drive, Alexandria, Virginia

during regular business hours (8:30 a.m.

to 5 p.m.) Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Mr.

William Wagoner or Ms. Janice Fabina,

3101 Park Center Drive, Room 1007,

Alexandria, Virginia 22302 or by

telephone at (703) 305–2590.

SUPPLEMENTARY INFORMATION:

Background

What Is the Purpose of This Rule?

On March 9, 2000, the U.S.

Department of Agriculture (USDA or

we) published a rule in the Federal

Register (65 FR 12429) updating the

requirements for using vegetable protein

products in the Child Nutrition

Programs. Among the provisions of that

rule, we removed the requirement that

the meat/meat alternate component of

the food-based menu planning

approaches could consist of no more

than 30 percent fully hydrated vegetable

protein products (of the hydrated soy

and meat total).

Subsequent to the publication of the

final rule, concerns have been raised

about the possibility that blended beef,

pork, poultry or seafood products or

dishes containing more than 30 percent

fully hydrated vegetable protein

products (of the hydrated soy and meat

total) might be presented as beef, pork,

poultry or seafood.

While these blended products and

dishes fulfill an essential role in the

programs, misrepresentation or

misperception of the nature of those

products serves neither industry nor

program participants well. In addition

to the primary mission of providing

nutritious meals to school children, the

lunch and breakfast programs serve as

vehicles for nutrition and consumer

education. Children and their parents

must be aware of what is in the foods

offered in the lunch and breakfast

programs if they are to make informed

food choices.

Thus, to the extent that school food

authorities identify foods in the menu,

or on the serving line or through other

available means of communicating with

program participants, they must identify

beef, pork, poultry or seafood products

and dishes containing more than 30

percent fully hydrated vegetable protein

products (of the hydrated soy and meat

total) in a manner which does not

characterize the products or dishes

solely as beef, pork, poultry or seafood.

This interim rule revises 7 CFR

210.10(h) and 220.8 (m) to effect this

change.

How Are Program Participants To Be

Advised of the Use of Blended Products

and Dishes?

This interim rule requires school food

authorities to advise children and their

parents of the use of these blended

products and dishes through whatever

means they currently use. If a school

sends menus home, blended products

and dishes must not be portrayed solely

as beef, pork, poultry or seafood

products or dishes on the menu. If a

school uses point of service menu

identification, it must not portray

blended products and dishes solely as

beef, pork, poultry or seafood products

or dishes so that students and their

parents can make choices that meet

their dietary needs.

Miscellaneous

Commentors will note that the term

‘‘vegetable protein product’’ has been

used in the preamble since this term

reflects common usage; however, for

technical reasons, the term ‘‘alternate

protein products’’ is used in the

regulatory text. The reasons for this

change in terminology are discussed in

the preamble to the proposed rule

published in the Federal Register (64

FR 38839) on July 20, 1999.

Public Participation

This action is being issued as an

interim rule without prior notice or

public comment under authority of 5

U.S.C. 553(b)(3)(A) and (B). The

Department has determined in

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

Notice of Proposed Rulemaking and

opportunity for public comments prior

to issuing this interim rule is

unnecessary and contrary to the public

interest. The Department believes that

program participants should be given

the opportunity to make informed menu

choices about the foods they eat without

undue delay. However, the Department

is encouraging interested parties to

comment during the public comment

period.

Executive Order 12866

This interim rule was determined to

be non-significant and is not subject to

review by the Office of Management and

Budget under Executive Order 12866.

36316 Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Rules and Regulations

Public Law 104–4

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of the UMRA,

the Food and Nutrition Service (FNS)

generally prepares a written statement,

including a cost-benefit analysis, for

proposed and final rules with ‘‘Federal

mandates’’ that may result in

expenditures to State, local, or tribal

governments, in the aggregate, or to the

private sector, of $100 million or more

in any one year. When such a statement

is needed for a rule, section 205 of the

UMRA generally requires FNS to

identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, more costeffective or least burdensome alternative

that achieves the objectives of the rule.

This interim rule contains no Federal

mandates (under regulatory provisions

of Title II of the UMRA) for State, local,

and tribal governments or the private

sector of $100 million or more in any

one year. Thus, this interim rule is not

subject to the requirements of sections

202 and 205 of the UMRA.

Regulatory Flexibility Act

This interim rule was reviewed with

regard to the requirements of the

Regulatory Flexibility Act (5 U.S.C. 601

through 612). The Administrator of FNS

has certified that this rule will not have

a significant economic impact on a

substantial number of small entities.

This rule makes no changes to the

National School Lunch and School

Breakfast Program meal patterns.

However, when certain products are

used, this rule would require schools to

use existing methods of communication

to advise children and their parents of

the use of such products.

Executive Order 12372

The National School Lunch Program

and the School Breakfast Program are

listed in the Catalog of Federal Domestic

Assistance under Nos. 10.555 and

10.553, respectively. Each is subject to

the provisions of Executive Order 12372

which requires intergovernmental

consultation with State and local

officials. (7 CFR Part 3015, Subpart V

and final rule related notice at 48 FR

29112, June 24, 1983.)

Executive Order 12988

This interim rule was reviewed under

Executive Order 12988, Civil Justice

Reform. This interim rule is intended to

have preemptive effect with respect to

any State or local laws, regulations or

policies which conflict with its

provisions or which would otherwise

impede its full implementation. This

interim rule is not intended to have

retroactive effect unless so specified in

the ‘‘Dates’’ section of this preamble.

Prior to any judicial challenge to the

provisions of this interim rule or the

application of the provisions, all

applicable administrative procedures

must be exhausted. This includes any

administrative procedures provided by

State or local governments and, for

disputes involving procurements by

State agencies and sponsors, any

administrative appeal procedures to the

extent required by 7 CFR Part 3016.

For the National School Lunch

Program and School Breakfast Program,

the administrative procedures are set

forth under the following regulations:

(1) School food authority appeals of

State agency findings as a result of an

administrative review must follow State

agency hearing procedures as

established pursuant to 7 CFR 210.18(q);

(2) school food authority appeals of FNS

findings as a result of an administrative

review must follow FNS hearing

procedures as established pursuant to 7

CFR 210.30(d)(3); and (3) State agency

appeals of State Administrative Expense

fund sanctions (7 CFR 235.11(b)) must

follow FNS Administrative Review

Process as established pursuant to 7

CFR 235.11(f).

Paperwork Reduction Act

Sections 210.10(h) and 220.8(m) of

this interim rule contain third-party

disclosure requirements. In accordance

with the Paperwork Reduction Act of

1995 (44 U.S.C. 3507), USDA has

submitted a copy of these sections to the

Office of Management and Budget for its

review.

Written comments must be received

on or before July 10, 2000.

Comments concerning the third-party

disclosure of this interim rule should be

sent to the Office of Information and

Regulatory Affairs, Office of

Management and Budget (OMB), Room

3208, New Executive Office Building,

Washington, DC 20503, Attention:

Manish Desai, Desk Officer for FNS. A

copy of these comments may also be

sent to Mr. Eadie at the address listed

in the ADDRESSES section of this

preamble. Commentors are asked to

separate their comments on the thirdparty disclosure aspects from their

comments on the remainder of this

interim rule.

OMB is required to make a decision

concerning the third-party disclosure

aspects contained in this interim

regulation between 30 and 60 days after

the publication of this document in the

Federal Register. Therefore, a comment

to OMB is best assured of having its full

effect if OMB receives it within 30 days

of publication. This does not affect the

deadline for the public to comment to

the Department on the interim

regulation.

Comments are invited on: (a) Whether

the third-party disclosure is necessary

for the proper performance of the

functions of the agency, including

whether the disclosure will have

practical utility; (b) the accuracy of the

agency’s estimate of the burden of the

third-party disclosure aspects, including

the validity of the methodology and

assumptions used; (c) ways to enhance

the quality, utility, and clarity of the

third-party disclosure; and (d) ways to

minimize the burden of the third-party

disclosure, including through the use of

appropriate automated, electronic,

mechanical, or other techniques.

The title, description, and respondent

description of the third-party disclosure

are shown below with an estimate of the

annual burden. Included in the estimate

is the time for making the third-party

disclosure.

Abstract

In order to give schools enhanced

flexibility in planning menus, we now

allow them to offer foods that may

consist of up to 100 percent vegetable

protein products. This interim rule

requires that, to the extent a method

(such as a menu) is already in place to

communicate what foods are offered,

school food authorities identify

products or dishes with more than 30

percent vegetable protein products in a

manner which does not characterize the

products or dishes solely as beef, pork,

poultry or seafood products or dishes.

This is done in the interest of allowing

program participants to make informed

decisions about their choices under the

school meals programs. Please note that

we are only requiring this modification

for school food authorities that already

provide menus or otherwise

communicate with program

participants. This could include

information provided on serving lines.

This interim rule does not require that

school food authorities use menus or

other methods of communication.

In accordance with the Paperwork

Reduction Act of 1995, the Department

is providing the public with the

opportunity to provide comments on the

third-party disclosure aspects of the

interim rule as noted below:

Federal Register / Vol. 65, No. 111 / Thursday, June 8, 2000 / Rules and Regulations 36317

ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN

Section

Annual

number of

affected entities

Annual frequency

Average

burden per

disclosure

Annual burden hours

For the National School Lunch Program, school food authorities modify existing menus, etc. to identify beef, pork, poultry or seafood products or

dishes with more than 30 percent vegetable protein products in a manner that does not characterize these products or dishes as solely containing beef, pork, poultry or seafood:

Total existing ........................................................................... 7 CFR 210.10(h) 0 0 0 0

Total proposed ........................................................................ 7 CFR 210.10(h) 10,000 1 .016 160

For the School Breakfast Program, school food authorities modify existing menus, etc. to identify beef, pork, poultry or seafood products or

dishes with more than 30 percent vegetable protein products in a manner that does not characterize these products or dishes as solely containing beef, pork, poultry or seafood:

Total existing ........................................................................... 7 CFR 220.8(m) 0 0 0 0

Total proposed ........................................................................ 7 CFR 220.8(m) 5,000 1 .016 80

Total Third-party Disclosure Burden:

Total existing ........................................................................... 0

Total proposed ........................................................................ +240

Change ................................................................................... +240

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 220

Children, Food assistance programs,

Grant programs-social programs,

Nutrition, Reporting and recordkeeping

requirements, School Breakfast Program.

Accordingly, 7 CFR Parts 210 and 220

are amended as follows:

PART 210—NATIONAL SCHOOL

LUNCH PROGRAM

1. The authority citation for 7 CFR

Part 210 continues to read as follows:

Authority: 42 U.S.C. 1751–1760, 1779.

2. In § 210.10, revise the section

heading and paragraph (h) to read as

follows:

§ 210.10 What are the nutrition standards

and menu planning approaches for lunches

and the requirements for afterschool

snacks?

* * * * *

(h) What must schools do about

nutrition disclosure? To the extent that

school food authorities identify foods in

a menu, or on the serving line or

through other available means of

communicating with program

participants, school food authorities

must identify products or dishes

containing more than 30 parts fully

hydrated alternate protein products (as

specified in appendix A of this part) to

less than 70 parts beef, pork, poultry or

seafood on an uncooked basis, in a

manner which does not characterize the

product or dish solely as beef, pork,

poultry or seafood. Additionally, FNS

encourages schools to inform the

students, parents, and the public about

efforts they are making to meet the

nutrition standards (see paragraph (b) of

this section) for school lunches.

* * * * *

PART 220—SCHOOL BREAKFAST

PROGRAM

1. The authority citation for 7 CFR

Part 220 continues to read as follows:

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

otherwise noted.

2. In § 220.8, revise paragraph (m) to

read as follows:

§ 220.8 What are the nutrition standards

and menu planning approaches for

breakfasts?

* * * * *

(m) What must schools do about

nutrition disclosure? To the extent that

school food authorities identify foods in

a menu, or on the serving line or

through other available means of

communicating with program

participants, school food authorities

must identify products or dishes

containing more than 30 parts fully

hydrated alternate protein products (as

specified in appendix A of this part) to

less than 70 parts beef, pork, poultry or

seafood on an uncooked basis, in a

manner which does not characterize the

product or dish solely as beef, pork,

poultry or seafood. Additionally, FNS

encourages schools to inform the

students, parents, and the public about

efforts they are making to meet the

nutrition standards (see paragraph (a) of

this section) for school breakfasts.

Dated: June 2, 2000.

George A. Braley,

Acting Administrator, Food and Nutrition

Service.

[FR Doc. 00–14385 Filed 6–7–00; 8:45 am]

BILLING CODE 3410–30–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NE–07–AD; Amendment 39–

1171; AD 2000–11–22]

RIN 2120–AA64

Airworthiness Directives; Allison

Engine Company AE 3007A and AE

3007C Series Turbofan Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to Allison Engine Company

AE 3007A and AE 3007C series turbofan

engines. This AD requires revisions to

the Airworthiness Limitations Section

of the Allison Engine Company AE

3007A and AE 3007C Engine Manuals to

include required enhanced inspection of

selected critical life-limited parts at

each piece-part exposure. This AD also

requires an air carrier’s approved

continuous airworthiness maintenance

program to incorporate these inspection

procedures. Air carriers with an

approved continuous airworthiness

maintenance program will be allowed to

either maintain the records showing the

current status of the inspections using

the record keeping system specified in

the air carrier’s maintenance manual or

establish an acceptable alternate method