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.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

24179 

Vol. 72, No. 84 

Wednesday, May 2, 2007 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Parts 210, 220, 225, 226, 246, 

247 and 251 

[FNS–2007–0005] 

RIN 0584–AD43 

Data Collection Related to the 

Participation of Faith-Based and 

Community Organizations 

AGENCY: Food and Nutrition Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule is part of the 

Department’s effort to fulfill its 

responsibilities under the Faith-Based 

and Community Initiative pursuant to 

Executive Orders 13279 and 13280. 

Under this rule, State agencies will 

collect and report information related to 

institutions and organizations that 

participate in specified Food and 

Nutrition Service (FNS) nutrition 

assistance programs. This information 

will be a new collection for the affected 

programs. It will enable FNS to identify 

the faith-based and community 

organizations participating in Federal 

nutrition assistance programs and 

determine the level of participation of 

faith-based and community 

organizations in the programs. It will 

not adversely impact the application or 

participation of any organization or 

institution currently participating in, or 

seeking to participate in, FNS nutrition 

assistance programs. 

DATES: This rule is effective June 1, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Keith Churchill, Section Chief, Child 

and Adult Care and Summer Section, 

Policy and Program Development 

Branch, Child Nutrition Division, Food 

and Nutrition Service, USDA, 3101 Park 

Center Drive, Alexandria, VA 22302, 

phone (703) 305–2590. 

SUPPLEMENTARY INFORMATION: 

I. Background 

What Was Proposed? 

On December 12, 2002, Executive 

Orders 13279 and 13280 were signed by 

the President. Executive Order 13279 

instructs agency heads, including the 

Secretary of Agriculture, to collect data 

regarding the participation of faithbased and community organizations in 

social service programs that receive 

Federal financial assistance. Executive 

Order 13279 instructed agency heads, 

including the Secretary of Agriculture, 

to ‘‘implement new policies that are 

necessary to ensure that their respective 

agencies collect data regarding the 

participation of faith-based and 

community organizations in social 

service programs that receive Federal 

financial assistance.’’ Executive Order 

13280 created the center for Faith-Based 

and Community Initiatives in the 

Department of Agriculture. The Order 

charged the Center to identify and 

eliminate regulatory, contracting, and 

other programmatic obstacles that 

prevent the full participation of faithbased and community organizations in 

the Department’s programs, thereby 

increasing the effectiveness of the 

Department’s programs. 

To fulfill its responsibilities under 

Executive Orders 13279 and 13280, the 

Department of Agriculture (USDA) 

published in the Federal Register (71 

FR 10914) on March 3, 2006, a rule 

proposing to collect information that 

would enable FNS to identify the faithbased and community organizations 

participating in FNS programs, 

determine the level of participation of 

faith-based and community 

organizations in its programs, and 

ensure that FNS’ programs are open to 

all qualified organizations. 

The rule proposed to require State 

agencies to report on a number of data 

elements for Federal fiscal years (FY) 

2006 through 2009 regarding the 

organizations and institutions that 

currently participate in, and that submit 

an application for the purpose of 

contracting, or entering into an 

agreement with the State agency to 

participate in, the National School 

Lunch Program (NSLP); School 

Breakfast Program (SBP); Summer Food 

Service Program (SFSP); Child and 

Adult Care Food Program (CACFP); 

Special Supplemental Nutrition 

Program for Women, Infants and 

Children (WIC); Commodity 

Supplemental Food Program (CSFP); or 

with the State agency or another eligible 

recipient agency to participate in the 

Emergency Food Assistance Program 

(TEFAP). This rule also proposed to 

require TEFAP State agencies to collect 

information on a second tier of 

institutions and organizations that 

participate in TEFAP—emergency 

feeding organizations—that distribute 

TEFAP food at the local level. 

The proposed rule indicated that State 

agencies in the affected programs would 

be required to report to FNS on four or 

five of the eight data elements under 

consideration on or before March 1 of 

each year from 2007 through 2010 for 

the prior Federal fiscal year. FNS 

specifically requested comments on 

which of the following data elements 

should be required: 

(a) The total number of organizations 

that submitted an application to 

participate in the program; 

(b) The total number of applications 

that were approved; 

(c) The total number of organizations 

and institutions that sign a contract, or 

enter into an agreement to participate in 

the program; 

(d) The total number of organizations 

and institutions that actually participate 

in the program; 

(e) The name of each organization that 

actually participates in the program; 

(f) The city in which the participating 

organization is headquartered within 

the state; 

(g) The amount of funds provided to 

the participating organization, whether 

awarded, granted, contracted, or 

reimbursed; and 

(h) The type of participating 

organization, e.g. government agency, 

educational institution, for-profit 

organization, non-profit organization/ 

secular, non-profit organization/faithbased, and ‘‘other.’’ 

II. Discussion of Comments and Their 

Resolutions 

How Many Comments Were Received? 

During the 90 day comment period, 

we received twenty-eight comment 

letters on the proposed rule, of which 

twenty were from State agencies, five 

were from food banks, and three were 

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24180 Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Rules and Regulations 

from non-profit and professional 

organizations. 

What Did Commenters Say About the 

Proposed Rule? 

The commenters generally said they 

are able to comply with the data 

collection. However, many commenters 

expressed concerns about the burden 

being placed on State agencies and food 

banks with regard to some of the data 

elements. Seventeen commenters 

requested that FNS provide definitions 

of the terms ‘‘faith-based organization’’ 

and ‘‘community organization’’ to avoid 

inaccurate determinations. Nine 

commenters requested more time to 

implement the data collection 

requirements, and to delay the first 

Federal fiscal year for which data 

collection would be required until FY 

2007, which would result in the first 

reports being due on or before March 1, 

2008. Additionally, nine commenters 

questioned the purpose of the data 

collection and said that no conclusion 

can be made or useful data be collected. 

Some State agencies expressed concern 

that the data collection may result in 

having to recruit more faith-based and 

community organizations, saying that 

they are already overburdened with 

other new requirements in the nutrition 

assistance programs and that they do 

not have the staff resources to increase 

recruitment and training. 

Nine commenters questioned the need 

to collect the data, since there are no 

barriers for qualified institutions to 

participate in FNS programs. Four 

commenters raised concerns that the 

data collection may result in 

discrimination against non-faith-based 

organizations, because the data could be 

used to target faith-based organization 

for special treatment; one said the data 

collection will not address 

discrimination; and two commenters 

suggested that discrimination should be 

addressed individually. 

Discussion of Comments on the Data 

Elements 

The proposed rule offered eight data 

elements that were under consideration, 

with the stated expectation that only 

four or five of these data elements 

would be included in the final rule. 

Based on comments, which tended to 

favor as low a reporting burden as 

possible, the following four data 

elements, with minor modification, 

were selected for inclusion in this final 

rule: 

<bullet≤ The name of each 

organization that actually participates in 

the program; 

<bullet≤ The city in which the 

participating organization is 

headquartered within the state and the 

name of the state; 

<bullet≤ The amount of funds 

provided to the participating 

organization, regardless of whether 

those funds were awarded, granted, 

contracted, or reimbursed; 

<bullet≤ The type of participating 

organization, e.g., government agency, 

educational institution, for-profit 

organization, non-profit organization/ 

secular, non-profit organization/faithbased, and ‘‘other.’’ 

Discussion of Requiring State Agencies 

To Document Methodology for 

Collecting Data 

Several State agencies commented 

that they can collect the data, but that 

the collection effort will impose 

additional administrative burdens. In an 

effort to lessen the impact of the data 

collection effort, we have eliminated the 

requirement that the State agencies 

document their data collection 

methodology. However, FNS will 

provide State agencies with guidance on 

a methodology for collecting the data. 

Discussion of Comments on Data 

Collection for TEFAP 

We received comments from five food 

banks and a few State agencies 

addressing concerns that the second tier 

data collection would be burdensome 

for the food banks, which have limited 

staff resources. This second tier data 

collection was proposed for TEFAP 

participants only. We agree with the 

commenters; therefore, the data 

collection for TEFAP, like the other 

Programs, will be limited to first tier 

data. 

Discussion of Comments on the Need for 

Guidance on the Level of Data 

Collection 

Almost half of the comments we 

received raised concerns regarding the 

time and administrative burden for an 

agency to collect data on the 

participation of faith-based and 

community organizations. We believe 

many of these concerns reflected a 

misunderstanding that State agencies 

would be required to collect site level 

data. This rule requires only that State 

agencies collect data for organizations 

which have signed agreements for 

participation in each respective 

program. 

Discussion of Comments on Definitions 

for Terms ‘‘Faith-Based Organization’’ 

and ‘‘Community Organization’’ 

More than half of the comments we 

received requested definitions for the 

terms ‘‘faith-based organization’’ and 

‘‘community organization’’. Recently, 

FNS collected data similar to that to be 

collected in accordance with this rule, 

on a voluntary basis, from State agencies 

administering WIC. We did not provide 

definitions of these terms. Participating 

agencies were identified as government 

agencies, educational institutions, for 

profit organizations, non-profit 

organizations/secular, non-profit 

organizations/faith-based, or ‘‘other’’ 

without apparent confusion. Since 

participating agencies were able to 

identify themselves to WIC State 

agencies collecting that data, FNS has 

determined that it is not necessary to 

provide the definitions of ‘‘faith-based 

organization’’ and ‘‘community 

organization’’ for this data collection. 

Discussion of Comments on Deadlines 

We appreciate commenters’ concerns 

regarding not being able to meet the 

March 1, 2007, deadline for reporting to 

FNS the data of organizations that 

participated in the program for Federal 

fiscal year 2006. We will extend the 

submission date to August 31, 2007. 

Discussion of Comments on Concerns 

That the Rule Will Have Adverse 

Results 

Some commenters said the proposed 

rule raised concerns of participation 

barriers that do not exist in FNS’s 

nutrition assistance programs and 

expressed uneasiness that the rule may 

have adverse effects on the participation 

of eligible institutions. More than one 

third of the commenters said there are 

no barriers to participation for qualified 

organizations and that faith-based and 

community-based organizations are 

already well represented in FNS’s food 

assistance programs. Other commenters 

expressed concerns that the data 

collection would be intrusive, would 

encourage the approval of unqualified 

faith-based organizations to participate 

in the programs, and would result in 

discriminatory practices. As stated in the proposed rule and in 

the preamble of this rule, FNS has 

concluded that the data collection will 

not adversely impact the application or 

participation of any organization or 

institution currently participating in, or 

seeking to participate in, FNS nutrition 

assistance programs. Furthermore, the 

data collection should not result in the 

approval of unqualified faith-based 

organizations, or in other discriminatory 

practices that would be in violation of 

Federal laws and regulations. The 

purpose of this data collection is to 

fulfill FNS’s responsibilities under 

Executive Orders 13279 and 13280. 

Discussion of Comments on the 

Usefulness of the Data Collection 

Almost one third of the commenters 

doubt the usefulness and relevancy of 

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Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Rules and Regulations 24181 

the data collection. As stated in the 

preamble of the proposed rule, the 

Department must fulfill its 

responsibilities under Executive Orders 

13279 and 13280. Section 3(b) of 

Executive Order 13279 instructs the 

Secretary to implement new policies to 

collect data regarding the participation 

of faith-based and community 

organizations in social service programs 

that receive Federal financial assistance. 

This rule permits FNS to comply with 

that instruction. The consequences of 

non-collection would be an inability to 

comply fully with the executive orders. 

III. Procedural Matters 

Executive Order 12866 

This final rule has been determined to 

be significant and was reviewed by the 

Office of Management and Budget 

(OMB) under Executive Order 12866. 

Regulatory Impact Analysis 

Need for Action 

Section 3(b) of Executive Order 13279 

provides the Secretary with authority to 

collect data regarding the participation 

of faith-based and community 

organizations in social service programs 

that receive Federal financial assistance. 

The consequence of non-collection 

would be an inability to determine the 

numbers of participating faith-based and 

community organizations and a failure 

to comply with Executive Orders 13279 

and 13280. 

Benefits 

This final rule would help the 

Department to implement Executive 

Orders 13279 and 13280. Collecting 

information on faith-based and 

community organizations would enable 

FNS to determine the level of 

participation in FNS programs by those 

organizations and help ensure that its 

programs are open to all eligible 

organizations. 

Costs 

The cost implications of this final rule 

are minor. State agencies collect data for 

organizations that participate in the 

programs for each of Federal FYs 2006 

through 2009, including those that 

participated only for part of the fiscal 

year. Each State agency varies in the 

number of participating organizations, 

so the overall additional time burden 

will differ among programs. 

Regulatory Flexibility Act 

This final rule has been reviewed 

with regard to the requirements of the 

Regulatory Flexibility Act (5 U.S.C. 

601–612). Nancy Montanez Johner, 

Under Secretary for Food, Nutrition, 

and Consumer Services, has certified 

that this final rule will not have a 

significant economic impact on a 

substantial number of small entities. 

The data collection that would be 

implemented would enable FNS to 

identify the faith-based and community 

organizations participating in FNS 

programs, determine the level of 

participation of faith-based and 

community organizations in its 

programs, ensure that FNS’s nutrition 

assistance programs are open to all 

eligible organizations, as mandated by 

Executive Orders 13279 and 13280, and 

evaluate the effectiveness of the 

Department’s outreach efforts. While the 

effect of this rule would require 

organizations seeking to participate or 

participating in affected FNS programs 

to provide the requested information at 

the time of application and at other 

times, these reporting changes will not 

have a significant economic impact on 

those small entities. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, 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, FNS generally prepares 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 FNS 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 final rule contains no Federal 

mandates (under regulatory provisions 

of Title II of the UMRA) that impose 

costs on State, local, and tribal 

governments or the private sector of 

$100 million or more in any one year. 

Thus, this rule is not subject to the 

requirements of sections 202 and 205 of 

the UMRA. 

Executive Order 12372 

National School Lunch Program; 

School Breakfast Program; Summer 

Food Service Program; Child and Adult 

Care Food Program; Special 

Supplemental Nutrition Program for 

Women, Infants and Children; and the 

Commodity Supplemental Food 

Program are listed in the Catalog of 

Federal Domestic Assistance under Nos. 

10.555, 10.553, 10.559, 10.558, 10.557, 

and 10.565, respectively. The 

Emergency Food Assistance Program is 

listed in the Catalog of Federal Domestic 

Assistance under Nos. 10.568 and 

10.569. For the reasons set forth in the 

final rule in 7 CFR part 3015, Subpart 

V and related Notice published at 48 FR 

29114, June 24, 1983, this program is 

included within the scope of Executive 

Order 12372, which requires 

intergovernmental consultation with 

State and local officials. 

Executive Order 13132 

Executive Order 13132 requires 

Federal agencies to consider the impact 

of their regulatory actions on State and 

local governments. Where such actions 

have federalism implications, agencies 

are directed to provide a statement for 

inclusion in the preamble to the 

regulations describing the agency’s 

considerations in terms of the three 

categories called for under section 

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

FNS has considered the impact of this 

rule on State and local governments and 

has determined that this rule does not 

have federalism implications. This rule 

does not impose substantial compliance 

costs on State and local governments. 

Therefore, under Section 6(b) of the 

Executive Order, a federalism summary 

impact statement is not required. 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not 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 

rule is not intended to have retroactive 

effect unless so specified in the DATES

paragraph. Prior to any judicial 

challenge to the provisions of this rule 

or the application of its provisions, all 

applicable administrative procedures 

must be exhausted. 

Civil Rights Impact Analysis 

FNS has reviewed this rule in 

accordance with the Department 

Regulation 4300–4, ‘‘Civil Rights Impact 

Analysis,’’ to identify and address any 

major civil rights impacts the rule might 

have on minorities, women, and persons 

with disabilities. After a careful review 

of the rule’s intent and provisions, FNS 

has determined that this final rule 

would not in any way limit or reduce 

participants’ ability to participate in 

FNS’s nutrition assistance programs on 

the basis of race, color, national origin, 

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24182 Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Rules and Regulations 

sex, age, or disability. FNS found no 

factors that would negatively and 

disproportionately affect any group of 

individuals. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. Chap. 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. The 

information collection contained in this 

rule has been approved under OMB No. 

0584–0540. 

Burden estimates for the proposed 

rule, Data Collection Related to 

Institutions and Organizations, were 

published in the Federal Register on 

March 3, 2006, at 71 FR 10914. In 

accordance with the Paperwork 

Reduction Act of 1995, the information 

reporting and recordkeeping 

requirements included in the proposed 

rule outlined the changes in the 

information collection burden. OMB 

accepted public comments on FNS’s 

estimated reporting and recordkeeping 

burden. Commenters indicated that the 

proposed reporting and recordkeeping 

requirements are too burdensome and 

the proposed estimated annual reporting 

and recordkeeping burden hours under 

the Paperwork Reduction Act of 1995 

were too low. As a result of public 

comment, FNS reviewed and adjusted 

the burden estimates to reflect (1) the 

elimination of one proposed provision 

which would have required State 

agencies to document their 

methodology; (2) the actual data 

elements required by this final rule; and 

(3) the elimination of second tier data 

collection for TEFAP. The estimated 

burden hours for the School Breakfast 

Program were also reduced since in 

most instances school food authorities 

that participate in the School Breakfast 

Program also participate in the National 

School Lunch Program. And since data 

is being collected for both programs, 

three of the four data elements being 

collected will be the same. These 

include the name, location, and type of 

organization. Only the amount of funds 

provided for the Program will have to be 

determined separately. We have taken 

these different circumstances into 

consideration in our submission for 

clearance by OMB under a single docket 

number. The burden associated with 

OMB No. 0584–0540, Data Collection 

Related to Institutions and 

Organizations, is cleared as follows: 

Programs Number of 

respondents 

Number responses per 

respondent 

Hours per 

response 

Annual burden 

hours 

National School Lunch Program: 

§ 210.23(d)(1) ...................................................................................... 57 364 2 41,496 

§ 210.23(d)(2) ...................................................................................... 57 1 0 .5 29 

School Breakfast Program: 

§ 220.13(1)(1) ...................................................................................... 57 290 1 16,530 

§ 210.23(1)(2) ...................................................................................... 57 1 0 .25 14 .25 

Summer Food Service Program: 

§ 225.18(i)(1) ....................................................................................... 53 71 2 7,526 

§ 210.18(i)(2) ....................................................................................... 53 1 0 .5 27 

Child and Adult Care Food Program: 

§ 210.26(g)(1) ...................................................................................... 55 386 2 42,460 

§ 210.26(g)(2) ...................................................................................... 55 1 0 .5 28 

Special Supplemental Nutrition Program for Women, Infants and Children: 

§ 246.26(h)(1) ...................................................................................... 53 35 2 3,710 

§ 246.26(h)(2) ...................................................................................... 53 1 0 .5 27 

Commodity Supplemental Food Program: 

§ 247.29(d)(1) ...................................................................................... 35 4 2 280 

§ 247.29(d)(2) ...................................................................................... 35 1 0 .5 18 

The Emergency Food Assistance Program: 

§ 251.10(i)(1) ....................................................................................... 56 29 2 3,248 

§ 251.10(i)(2) ....................................................................................... 56 1 0 .5 28 

Total No. of Respondents: 166. 

Total Annual Responses: 66,256. 

Total Annual Burden: 115,421.25. 

E-Government Act Compliance 

FNS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. FNS 

will request that State agencies respond 

to the data collection electronically, 

using an electronic report template 

which FNS will provide. 

List of Subjects 

7 CFR Part 210 

Children, Food assistance programs, 

Grant programs-social programs, 

Nutrition, Reporting and recordkeeping 

requirements, National School Lunch 

Program. 

7 CFR Part 220 

Children, Food assistance programs, 

Grant programs-social programs, 

Nutrition, Reporting and recordkeeping 

requirements, School Breakfast Program. 

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 246 

Food assistance programs, Food 

donations, Grant programs-social 

programs, American Indians, Infants 

and children, Maternal and child health, 

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Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Rules and Regulations 24183 

Nutrition, Nutrition education, Public 

assistance programs, WIC, Women. 

7 CFR Part 247 

Agricultural commodities, Food 

assistance programs, Infants and 

children, Maternal and child health, 

Public assistance programs, nutrition, 

women, aged. 

7 CFR Part 251 

Aged, Agricultural commodities, 

Business and industry, Food assistance 

programs, Food donations, Grant 

programs-social programs, American 

Indians, Infants and children, 

Commodity loan programs, Reporting 

and recordkeeping requirements, School 

breakfast and lunch programs, Surplus 

agricultural commodities. 

■ Accordingly, 7 CFR Parts 210, 220, 

225, 226, 246, 247 and 251 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 § 210.23, a new paragraph (d) is 

added to read as follows: 

§ 210.23 Other responsibilities. 

* * * * * 

(d) Data collection related to school 

food authorities. (1) Each State agency 

must collect data related to school food 

authorities that have an agreement with 

the State agency to participate in the 

program for each of Federal fiscal years 

2006 through 2009, including those 

school food authorities that participated 

only for part of the fiscal year. Such data 

shall include: 

(i) The name of each school food 

authority; 

(ii) The city in which each 

participating school food authority was 

headquartered and the name of the state; 

(iii) The amount of funds provided to 

the participating organization, i.e., the 

amount of federal funds reimbursed to 

each participating school food authority; 

and 

(iv) The type of participating 

organization, e.g., government agency, 

educational institution, non-profit 

organization/secular, non-profit 

organization/faith-based, and ‘‘other.’’ 

(2) On or before August 31, 2007, and 

each subsequent year through 2010, 

State agencies must report to FNS data 

as specified in paragraph (d)(1) of this 

section for the prior Federal fiscal year. 

State agencies must submit this data in 

a format designated by FNS. 

PART 220—SCHOOL BREAKFAST 

PROGRAM 

■ 1. The authority citation for part 220 

continues to read as follows: 

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

otherwise noted. 

■ 2. In § 220.13, a new paragraph (l) is 

added to read as follows: 

§ 220.13 Special responsibilities of State 

agencies. 

* * * * * 

(l) Data collection related to school 

food authorities. (1) Each State agency 

must collect data related to school food 

authorities that have an agreement with 

the State agency to participate in the 

program for each of Federal fiscal years 

2006 through 2009, including those 

school food authorities that participated 

only for part of the fiscal year. Such data 

shall include: 

(i) The name of each school food 

authority; 

(ii) The city in which each 

participating school food authority was 

headquartered and the name of the state; 

(iii) The amount of funds provided to 

the participating organization, i.e., the 

amount of federal funds reimbursed to 

each participating school food authority; 

and 

(iv) The type of participating 

organization, e.g., government agency, 

educational institution, non-profit 

organization/secular, non-profit 

organization/faith-based, and ‘‘other.’’ 

(2) On or before August 31, 2007, and 

each subsequent year through 2010, 

State agencies must report to FNS data 

as specified in paragraph (l)(1) of this 

section for the prior Federal fiscal year. 

State agencies must submit this data in 

a format designated by FNS. 

PART 225—SUMMER FOOD SERVICE 

PROGRAM 

■ 1. The authority citation for part 225 

is revised 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). 

■ 2. In § 225.18, a new paragraph (i) is 

added to read as follows: 

§ 225.18 Miscellaneous administrative 

provisions. 

* * * * * 

(i) Data collection related to sponsors. 

(1) Each State agency must collect data 

related to sponsors that have an 

agreement with the State agency to 

participate in the program for each of 

Federal fiscal years 2006 through 2009, 

including those sponsors that 

participated only for part of the fiscal 

year. Such data shall include: 

(i) The name of each sponsor; 

(ii) The city in which each 

participating sponsor was 

headquartered and the name of the state; 

(iii) The amount of funds provided to 

the participating organization, i.e., the 

sum of the amount of federal funds 

reimbursed for operating and 

administrative cost; and 

(iv) The type of participating 

organization, e.g., government agency, 

educational institution, non-profit 

organization/secular, non-profit 

organization/faith-based, and ‘‘other.’’ 

(2) On or before August 31, 2007, and 

each subsequent year through 2010, 

State agencies must report to FNS data 

as specified in paragraph (i)(1) of this 

section for the prior Federal fiscal year. 

State agencies must submit this data in 

a format designated by FNS. 

PART 226—CHILD AND ADULT CARE 

FOOD PROGRAM 

■ 1. 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). 

■ 2. In § 226.25, a new paragraph (g) is 

added to read as follows: 

§ 226.25 Other provisions. 

* * * * * 

(g) Data collection related to 

organizations. (1) Each State agency 

must collect data related to institutions 

that have an agreement with the State 

agency to participate in the program for 

each of Federal fiscal years 2006 

through 2009, including those 

institutions that participated only for 

part of the fiscal year. Such data shall 

include: 

(i) The name of each institution; 

(ii) The city in which each 

participating institution was 

headquartered and the name of the state; 

(iii) The amount of funds provided to 

the participating organization, i.e., the 

sum of the amount of federal funds 

reimbursed for operating and, where 

applicable, administrative costs; and 

(iv) The type of participating 

organization, e.g., government agency, 

educational institution, for-profit 

organization, non-profit organization/ 

secular, non-profit organization/faithbased, and ‘‘other.’’ 

(2) On or before August 31, 2007, and 

each subsequent year through 2010, 

State agencies must report to FNS data 

as specified in paragraph (g)(1) of this 

section for the prior Federal fiscal year. 

State agencies must submit this data in 

a format designated by FNS. 

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24184 Federal Register / Vol. 72, No. 84 / Wednesday, May 2, 2007 / Rules and Regulations 

PART 246—SPECIAL SUPPLEMENTAL 

NUTRITION PROGRAM FOR WOMEN, 

INFANTS AND CHILDREN 

■ 1. The authority citation for part 246 

continues to read as follows: 

Authority: 42 U.S.C. 1786. 

■ 2. In § 246.26, a new paragraph (j) is 

added to read as follows: 

§ 246.26 Other provisions. 

* * * * * 

(j) Data collection related to local 

agencies. (1) Each State agency must 

collect data related to local agencies that 

have an agreement with the State agency 

to participate in the program for each of 

Federal fiscal years 2006 through 2009, 

including those local agencies that 

participated only for part of the fiscal 

year. Such data shall include: 

(i) The name of each local agency; 

(ii) The city in which each local 

agency was headquartered and the name 

of the state; 

(iii) The amount of funds provided to 

the participating organization, i.e., the 

amount of federal funds provided for 

nutrition services and administration to 

each participating local agency; and 

(iv) The type of participating 

organization, e.g., government agency, 

educational institution, non-profit 

organization/secular, non-profit 

organization/faith-based, and ‘‘other.’’ 

(2) On or before August 31, 2007, and 

each subsequent year through 2010, 

State agencies must report to FNS data 

as specified in paragraph (j)(1) of this 

section for the prior Federal fiscal year. 

State agencies must submit this data in 

a format designated by FNS. 

PART 247—COMMODITY 

SUPPLEMENTAL FOOD PROGRAM 

■ 1. The authority citation for part 247 

continues to read as follows: 

Authority: Sec. 5, Pub. L. 93–86, 87 Stat. 

249, as added by Sec. 1304(b)(2), Pub. L. 95– 

113, 91 Stat. 980 (7 U.S.C. 612c note); sec. 

1335, Pub. L. 97–98, 95 Stat. 1293 (7 U.S.C. 

612c note); sec. 209, Pub. L. 98–8, 97 Stat. 

35 (7 U.S.C. 612c note); sec. 2(8), Pub. L. 98– 

92, 97 Stat. 611 (7 U.S.C. 612c note); sec. 

1562, Pub. L. 99–198, 99 Stat. 1590 (7 U.S.C. 

612c note); sec. 101(k), Pub. L. 100–202; sec. 

1771(a), Pub. L. 101–624, 101 Stat. 3806 (7 

U.S.C. 612c note); sec. 402(a), Pub. L. 104– 

127, 110 Stat. 1028 (7 U.S.C. 612c note); Pub. 

L. 107–171. 

■ 2. In § 247.29, a new paragraph (d) is 

added to read as follows: 

§ 247.29 Reports and recordkeeping. 

* * * * * 

(d) What data must the State agency 

collect related to local agencies? (1) 

Each State agency must collect data 

related to local agencies that have an 

agreement with the State agency to 

participate in the program for each of 

Federal fiscal years 2006 through 2009; 

including those local agencies that 

participated only for part of the fiscal 

year. Such data shall include: 

(i) The name of each local agency; 

(ii) The city in which each 

participating local agency was 

headquartered and the name of the state; 

(iii) The amount of funds provided to 

the participating organization, i.e., the 

amount of federal administrative funds 

provided to each participating local 

agency; and 

(iv) The type of participating 

organization, e.g., government agency, 

educational institution, non-profit 

organization/secular, non-profit 

organization/faith-based, and ‘‘other.’’ 

(2) On or before August 31, 2007, and 

each subsequent year through 2010, 

State agencies must report to FNS data 

as specified in paragraph (d)(1) of this 

section for the prior Federal fiscal year. 

State agencies must submit this data in 

a format designated by FNS. 

PART 251—THE EMERGENCY FOOD 

ASSISTANCE PROGRAM 

■ 1. The authority citation for part 251 

continues to read as follows: 

Authority: 7 U.S.C. 7501–7516. 

■ 2. In § 251.10, a new paragraph (i) is 

added to read as follows: 

§ 251.10 Miscellaneous provisions. 

* * * * * 

(i) Data collection related to eligible 

recipient agencies. (1) Each State agency 

must collect data related to eligible 

recipient agencies that have an 

agreement with the State agency to 

participate in the program for each of 

Federal fiscal years 2006 through 2009, 

including those eligible recipient 

agencies that participated only for part 

of the fiscal year. Such data shall 

include: 

(i) The name of each eligible recipient 

agency; 

(ii) The city in which each 

participating eligible recipient agency 

was headquartered and the name of the 

state; 

(iii) The amount of funds provided to 

the participating organization, i.e., the 

sum of the amount of federal 

administrative funds plus the value of 

the commodities purchased under 

Section 214 of the Emergency Food 

Assistance Act of 1983 provided to each 

participating eligible recipient agency; 

and 

(iv) The type of participating 

organization, e.g., government agency, 

educational institution, non-profit 

organization/secular, non-profit 

organization/faith-based, and ‘‘other.’’ 

(2) On or before August 31, 2007, and 

each subsequent year through 2010, 

State agencies must report to FNS data 

as specified in paragraph (i)(1) of this 

section for the prior Federal fiscal year. 

State agencies must submit this data in 

a format designated by FNS. 

Dated: April 23, 2007. 

Nancy Montanez Johner, 

Under Secretary, Food, Nutrition, and 

Consumer Services. 

[FR Doc. 07–2173 Filed 5–1–07; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 510 

New Animal Drugs; Change of 

Sponsor’s Address 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect a 

change of sponsor’s address for 

Alpharma, Inc. 

DATES: This rule is effective May 2, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

David R. Newkirk, Center for Veterinary 

Medicine (HFV–100), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 301–827–6967, email: david.newkirk@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Alpharma, 

Inc., One Executive Dr., Ft. Lee, NJ 

07024, has informed FDA of a change of 

address to 440 Rte. 22, Bridgewater, NJ 

08807. Accordingly, the agency is 

amending the regulations in 21 CFR 

510.600(c) to reflect the change. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’ 

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects in 21 CFR Part 510 

Administrative practice and 

procedure, Animal drugs, Labeling, 

Reporting and recordkeeping 

requirements. 

■ Therefore, under the Federal Food, 

Drug and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

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