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

8361

Vol. 62, No. 37

Tuesday, February 25, 1997

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 5

RIN 0560–AF08

Update of the Parity Price Regulations

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

SUMMARY: This rule revises the

regulations regarding commodity

definitions applicable to parity price

determinations under the Agricultural

Adjustment Act of 1938. The revisions

update commodity definitions and

incorporate recent reorganizational

changes within USDA. This action is

being taken as part of the National

Performance Review.

EFFECTIVE DATE: February 25, 1997.

FOR FURTHER INFORMATION CONTACT:

Kathryn A. Broussard, Agricultural

Economist, Food Grains Analysis

Division, Farm Service Agency, U.S.

Department of Agriculture, STOP 0518,

P.O. Box 2415, Washington, DC 20013–

2415 or telephone 202–720–9222.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final rule has been determined

not to be significant under Executive

Order 12866 and therefore has not been

reviewed by the Office of Management

and Budget (OMB).

Unfunded Mandates Reform Act of

1995

This rule contains no Federal

mandates under the regulatory

provisions of Title II of the Unfunded

Mandates Reform Act of 1995 (UMRA)

for State, local, and tribal governments

or the private sector. Thus, this rule is

not subject to the requirements of

sections 202 and 205 of UMRA.

Regulatory Flexibility Act

The Regulatory Flexibility Act is not

applicable to this rule because the

Secretary of Agriculture is not required

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

of law to publish a notice of proposed

rulemaking with respect to the subject

matter of this rule.

Environmental Evaluation

This action will have no significant

impact on the quality of the human

environment. Therefore, neither an

Environmental Assessment nor an

Environmental Impact Statement is

needed.

Federal Assistance Program

The title and number of the Federal

Assistance Program, as found in the

Catalog of Federal Domestic Assistance,

to which this rule applies, is:

Agricultural Statistics Reports

(Agricultural Estimates)—10.950.

Executive Order 12988

This rule has been reviewed in

accordance with Executive Order 12988.

The provisions of this rule do not

preempt State laws, are not retroactive,

and do not require the exhaustion of any

administrative appeal remedies.

Executive Order 12372

This program is not subject to the

provisions of Executive Order 12372,

which requires intergovernmental

consultation with State and local

officials. See the Notice related to 7 CFR

part 3015, subpart V, published at 48 FR

29115 (June 24, 1983).

Paperwork Reduction Act

The amendments to 7 CFR Subtitle A

Part 5 set forth in this rule do not

contain information collections that

require clearance by OMB under the

provisions of 44 U.S.C. 3507.

Background

This final rule updates the definition

of ‘‘Wool and Mohair’’ and ‘‘Sugar

Crops’’ commodities for which a

marketing season average price is

determined; and revises the regulations

to incorporate recent reorganizational

changes within USDA.

List of Subjects in 7 CFR Part 5

Calendar year price, Marketing season

average price, Parity index, Parity price.

For reasons set out in the preamble,

7 CFR part 5 is amended as follows:

PART 5—DETERMINATION OF PARITY

PRICES

1. The authority citation is revised to

read as follows:

Authority: 7 U.S.C. 1301, 1375.

2. In 7 CFR part 5 all references to

‘‘Statistical Reporting Service’’ are

revised to read ‘‘National Agricultural

Statistics Service’’, all references to

‘‘Consumer and Marketing Service’’ are

revised to read ‘‘Agricultural Marketing

Service’’, all references to ‘‘Agricultural

Stabilization and Conservation Service’’

are revised to read ‘‘Farm Service

Agency’’, and all references to ‘‘Office of

Hearing Examiners of the United States

Department of Agriculture’’ are revised

to read ‘‘Office of Administrative Law

Judges.’’

§ 5.2 [Amended]

3. In § 5.2, the entry under the

heading ‘‘Wool and Mohair’’ is revised

to read ‘‘Wool and Mohair.’’ and the

entry under the heading ‘‘Sugar Crops’’

is revised to read ‘‘Sugar beets and

sugarcane for sugar.’’

Signed at Washington, DC, on February 12,

1997.

Dan Glickman,

Secretary.

[FR Doc. 97–4599 Filed 2–24–97; 8:45 am]

BILLING CODE 3410–05–P

Food and Consumer Service

7 CFR Part 250

RIN 0584–AB55

Food Assistance in Disaster and

Distress Situations

AGENCY: Food and Consumer Service,

USDA.

ACTION: Final rule.

SUMMARY: This final rule amends the

provisions of the Food Distribution

Program Regulations and Policies that

relate to food assistance provided in

response to Presidentially declared

disasters and in situations of distress.

The amendments contained in this rule

address the simultaneous issuance of

commodities and disaster food stamp

benefits in a disaster, distribution of

commodities to households in situations

of distress, authorization for providing

commodity assistance, reporting

requirements, and the replacement of
8362 Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations

commodities. In addition, revised

definitions are included which

encompass the definitions contained in

the Robert T. Stafford Disaster Relief

and Emergency Assistance Act. These

revisions will help ensure that

commodity assistance is made available

to victims of disasters and to those in

situations of distress in the most

efficient and effective manner possible

while maintaining the integrity of the

program.

EFFECTIVE DATE: This final rule is

effective April 28, 1997.

FOR FURTHER INFORMATION CONTACT:

Lillie Ragan, Assistant Branch Chief,

Household Programs Branch, Food

Distribution Division, Food and

Consumer Service, U.S. Department of

Agriculture, Park Office Center, Room

502, 3101 Park Center Drive,

Alexandria, Virginia 22302–1594, or

telephone (703) 305–2661.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final rule has been determined to

be not significant for purposes of

Executive Order 12866, and, therefore,

has not been reviewed by the Office of

Management and Budget.

Regulatory Flexibility Act

This action has been reviewed with

regard to the requirements of the

Regulatory Flexibility Act (5 U.S.C.

601–612). The Administrator of the

Food and Consumer Service (FCS) has

certified that this action will not have a

significant economic impact on a

substantial number of small entities.

The primary impact of the procedures in

this rulemaking will be on FCS regional

offices, State governments and

individuals who might apply for

disaster or distress commodity benefits.

To the extent that county or other local

governments assist in the distribution of

commodities at a disaster or distress

feeding site, they will also be affected.

Executive Order 12372

These programs are listed in the

Catalog of Federal Domestic Assistance

under 10.550 and are 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 notices published

at 48 FR 29114, June 24, 1983 and 49

FR 22676, May 31, 1984).

Executive Order 12778

This final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This 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

rule is not intended to have retroactive

effect unless so specified in the

EFFECTIVE DATE section of the preamble.

All available administrative procedures

must be exhausted prior to any judicial

challenge to the provisions of this rule

or the application of its provisions.

Background

The Department of Agriculture (USDA

or Department) makes commodities

available for use in providing food

assistance to victims of disasters and to

those in situations of distress, in

accordance with authority contained in

several statutes. The regulations

governing the Food Distribution

Program (7 CFR Part 250) outline the

responsibilities of FCS and distributing

agencies with regard to the distribution

of donated commodities during a

disaster and in situations of distress.

On December 8, 1995, the Department

published a proposed rule in the

Federal Register at 60 FR 62999 which

reflected amendments which have been

made to the authorizing legislation, and

also included regulatory changes

recommended by the Task Force for

Disaster Preparedness, established by

the Department in response to issues

which arose in the course of providing

food assistance to victims of several

disasters and other types of emergencies

in the past several years. The Task Force

was comprised of representatives from

USDA, the Federal Emergency

Management Agency (FEMA), private

national organizations such as the Red

Cross, and State and local agencies. One

of the objectives of the Task Force was

to identify current Federal disaster

policies that are in need of revision.

Regulatory amendments embodying

Task Force recommendations were

proposed under the discretionary

authority granted to the Secretary and

are part of the Department’s effort to

ensure that commodity assistance is

made available to victims of disasters

and situations of distress in the most

efficient and effective manner possible

while maintaining the integrity of the

program. The proposed rule provided a

60-day comment period.

Analysis of Comments Received

The Department received a total of 6

comment letters. Comment letters were

submitted by four State distributing

agencies, one State food stamp agency,

and one county social service agency.

All but one of the commenters were

substantially in favor of the rule.

Comments received are discussed in

detail below.

Definitions

The definition of ‘‘Situation of

Distress’’ contained in Section 250.3 of

the proposed rule would provide

distributing agencies with authority to

make commodities available for use in

congregate feeding in instances when

the disaster or emergency is natural,

e.g., hurricane, tornado, storm, or flood.

One commenter expressed concern that

use of the word ‘‘emergency’’ in the

definition will cause confusion since

that term was not defined in the rule.

The commenter also recommended that

the definitions of ‘‘Disaster’’ and

‘‘Situations of Distress’’ encompass the

recovery time period that follows such

conditions.

One of the purposes for revising

existing definitions under the proposed

rule was to provide clarity. Since

elimination of the term ‘‘emergency’’

will have no effect on the definition, the

term has been deleted from the

definition of ‘‘Situation of Distress’’

contained in Section 250.3 of this final

rule. With regard to recognizing a period

of time for recovery, the distribution of

commodities under the provisions

contained in the rule is, by definition,

limited to disasters and situations of

distress since the delivery of assistance

through traditional food assistance

programs is not adequate in such

instances. Once the situation is such

that the needs of victims can be met

through traditional food assistance

programs, the distribution of

commodities is no longer warranted.

Simultaneous Distribution of

Commodities and Disaster Food Stamp

Benefits

Sections 250.43 and 250.44 of the

proposed rule would permit the

simultaneous distribution of

commodities and issuance of disaster

food stamp benefits during

Presidentially declared disasters and in

situations of distress in instances in

which such distributions are warranted.

One commenter strongly opposed the

simultaneous distribution of such

benefits for reasons such as the

additional costs that would be incurred

by the State, the inability of State and

local agencies to transport commodities

due to damaged infrastructure, the lack

of refrigeration units, and in instances

in which commodities are made

available for use in situations of

distress, the absence of a guarantee that

the Department will replace the

commodities used. Other commenters

did not expressly oppose the authority

provided under the proposed rule to
Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations 8363

permit the simultaneous distribution of

commodity and disaster food stamp

benefits. However, comments regarding

issues such as cost and the ability of

distributing agencies and disaster

organizations to provide such services

indicate a basic misunderstanding of the

approval process as described in the

proposed rule.

Because the Department has

determined that there are instances in

which States may need to distribute

commodities and issue disaster food

stamp benefits simultaneously to ensure

that some form of food assistance is

available to all victims of disasters and

situations of distress, Sections 250.43

and 250.44 of this final rule retain

provisions which permit the

simultaneous distribution and issuance

of these benefits. However, further

review of the provisions contained in

the proposed rule relative to the

submission and approval of requests to

conduct such distributions suggests that

the proposed language could be

interpreted to require that distributing

agencies forward all requests received

from organizations for the receipt and

distribution of commodities to FCS for

approval. In fact, the proposal was not

intended to remove the State’s

discretion to determine whether

distribution of commodities to

households is warranted. The proposed

rule was intended only to clarify the

approval process in instances in which

the State has decided that such

distribution would be appropriate.

When States have so decided,

distributing agencies would be required

to submit applications to the Food and

Consumer Service regional office

(FCSRO), and such applications would

be forwarded to FCS headquarters for

approval. Sections 250.43 and 250.44 of

this final rule have been revised to make

it clear that States retain full discretion

in determining whether a request to

permit commodity distributions to

households will be submitted to the

FCSRO. In making such a

determination, States will have to

ascertain whether the necessary

facilities and financial resources are

available to support such distributions.

In addition, language in the proposed

rule has also been revised to clarify that

only those organizations wishing to

obtain donated foods for use in

providing food assistance to victims of

disasters and situations of distress are

expected to submit applications for the

receipt of such food to the distributing

agency.

Dual Participation

Section 250.43(c)(2)(viii) of the

proposed rule would require disaster

organizations to submit a statement of

assurance that simultaneous food stamp

and commodity assistance will not be

provided to individual households; and,

Section 250.43(c)(3)(iv)(D) would

require that, before receiving

commodities, each household sign a

statement certifying that it is not

receiving food stamp assistance. The

proposed rule contained parallel

requirements in Sections

250.44(c)(2)(vii) and 250.44(c)(3)(iv)(D)

relative to the distribution of

commodities during situations of

distress.

Ambiguous references to food stamp

benefits were the major focus of most of

the comments received; 5 of the 6

commenters addressed the issue, and 4

of them recommended clarification. As

pointed out by the commenters, the

language as written in the proposed rule

is unclear as to which aspect of the

Food Stamp Program is being

referenced, and could be easily

interpreted to proscribe receipt of

commodities by those who are regular

and customary recipients of food

stamps. This is obviously not the intent

of the rule, for households which have

been on the Food Stamp Program are

likely to be just as hard-hit by a disaster

as their non-food-stamp-receiving

neighbors, perhaps having lost their

entire food supply.

It is not the intent of the Department

to prohibit the distribution of

commodities to disaster victims who

have been receiving assistance under

the ‘‘conventional’’ Food Stamp

Program. Therefore, Sections 250.43 and

250.44 are revised under this final rule

to specifically prohibit only the

distribution of commodities to

households which have received

disaster food stamp benefits since the

issuance of both types of benefits would

in fact be duplicative.

Three of the five respondents also

made comments related to dual

participation which were not

attributable to the ambiguous language

in the proposed rule. One commenter

stated that it would be impossible to

ensure that dual participation does not

occur, and the other two expressed

concern about the amount of time and

cost associated with the collection and

verification of information necessary to

prevent the issuance of dual benefits.

One commenter recommended waiving

the prohibition against dual

participation for a limited period of

time, such as 30 days, while the other

two recommended eliminating the

prohibition entirely.

The nutritional needs of households

during a disaster or situation of distress

can be fully met through the provision

of either commodities or disaster food

stamp benefits. Therefore, since the

elimination of the prohibition against

dual participation would significantly

increase Federal outlays, and could

result in a windfall to households in

excess of their nutritional needs, the

provisions relative to the prohibition

against dual participation are being

retained in this final rule.

Responsibility for Establishing and

Pursuing Claims

Two of the six commenters addressed

this provision, one pointing out that the

preamble of the proposed rule does not

state with sufficient clarity who will be

responsible for establishing and

pursuing claims against households for

dual participation. The language in

question reads as follows: ‘‘In instances

when it is determined that claims action

against a household is warranted due to

the receipt of both food stamp and

commodity assistance, the Department

intends to pursue such action through

establishment of a claim against the

household for the value of the food

stamps issued.’’ (60 FR page 63002,

middle column, first complete

paragraph, first sentence).

Current regulations make State

agencies responsible for establishing

and pursuing such claims. The

Department had intended no change

from current regulations and practice.

Therefore in instances when it is

determined that claims action against a

household is warranted due to the

receipt of both disaster food stamp and

commodity assistance, the State agency

will be required to pursue such action

through establishment of a claim against

the household for the value of the food

stamps issued.

Another commenter expressed

concern about whether a State will have

access to records showing that a

household did in fact receive

commodities and the amount of

commodities provided. Section 250.16

requires that records be maintained by

recipient agencies for a period of at least

three years from the close of the fiscal

year to which they pertain. However, in

instances when claims action and/or

audit findings have not been resolved,

the records must be retained as long as

required for the resolution of such

action or findings. In addition, Sections

250.43(c)(3) and 250.44(c)(3) of the

proposed rule would require that

information obtained from households

for the receipt of commodities be

forwarded to the distributing agency

and maintained by the distributing

agency in accordance with the

recordkeeping requirements as stated

above. Distributing agencies may,
8364 Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations

however, permit an organization that is

an agency of the State government to

retain such records. Based on these

recordkeeping requirements, the State

agency responsible for establishing and

pursuing a claim should be able to

access statements signed by all

households which were provided

commodities by contacting the

distributing agency. With regard to

information concerning the amount of

commodities provided to a household

not being recorded, this information is

not necessary since households that

received both commodities and disaster

food stamp benefits will be expected to

make restitution for the full value of

disaster food stamp benefits issued

without regard to the value of

commodities provided.

Information Collection Burden

Sections 250.43(c) and 250.44(c) of

the proposed rule would require several

kinds of information collection at

different levels. First, in requesting FCS

approval for the distribution of

commodities to households, the

distributing agency would be required

to submit the following information

(plus additional information as outlined

in the section) to the FCSRO: (1) An

explanation as to why the distribution

of commodities to households is

warranted; (2) identification of the

specific area(s) included in the request;

(3) a statement of assurance that

simultaneous food stamp and

commodity assistance will not be

provided to individual households; and

(4) a description of the system that will

be implemented to prevent dual

participation. Second, minimal

information would be required of each

household applying for commodities in

instances in which the Food Stamp

Program is in operation, to include: (1)

Name of one household member

applying for assistance; (2) address; and

(3) the number of persons in the

household. In addition to providing the

above information, organizations

distributing donated foods to

households would be required to obtain

a signed statement of assurance from the

household applying for benefits to the

effect that the household: (1) Is in need

of food assistance; (2) understands that

misrepresentation of need and the sale

or exchange of the donated food are

prohibited and could result in a fine,

imprisonment, or both; (3) is not

residing in a shelter which provides

food assistance; and (4) is not receiving

disaster food stamp assistance.

Two of the six commenters addressed

the information collection requirements

contained in the proposed rule. One

commenter stated that the burden on his

State agency, its subunits and recipients

would be minor, as similar information

collection requirements already exist

elsewhere, but at the same time, he

expressed concern that, due to the

burden, FCS may not be able to provide

authorization to distribute commodities

in a timely manner. The other

commenter stated that the information

collection requirements contained in the

proposed rule would require a complex

data collection and control system

which would be very difficult to manage

during a disaster. It was further

recommended that the Federal

Government fully finance food

assistance programs in emergency

situations.

It is the opinion of the Department

that the information collection

requirements as proposed provide the

minimum requirements that are needed

to maintain program accountability, i.e.,

to ensure that commodity distributions

are truly necessary and that systems are

in place to prevent dual participation.

These requirements present a minimal

burden, especially when balanced

against the greater flexibility which the

proposed rule affords to States.

Additionally, FCS has proven its ability

to respond quickly to disasters through

its network of regional offices.

Therefore, this final rule retains the

information collection requirements as

originally proposed.

With regard to the recommendation

that the Department pay all costs

incurred in providing food assistance to

victims of disasters or situations of

distress, while funds are authorized and

appropriated for use in procuring

commodities for such occurrences, the

Department is not authorized to use

such funds for the purpose of paying

costs associated with the distribution of

the commodities once they are delivered

to the State.

With respect to disaster food stamps,

Section 16 of the Food Stamp Act of

1977, as amended (7 U.S.C. 2011 et

seq.), (the Act), only permits the

Department to pay 50 percent of the

administrative costs associated with

issuing disaster food stamps, although

the benefits are fully funded. Section

5(h) of the Act authorizes the Secretary,

in response to a disaster, to establish

temporary eligibility criteria and to

adjust reporting and other application

requirements as appropriate. Although

it could have done so, Congress did not

authorize the Secretary to depart from

the provisions of the Act that allow the

Department to pay 50 percent of State

agencies’ administrative costs. The

Department, therefore, does not have the

statutory authority to pay more than 50

percent of the administrative costs

incurred to issue disaster food stamp

benefits.

Types of Foods Authorized for Donation

Sections 250.43(e) and 250.44(e) of

the proposed rule identified the various

legislative authorities under which the

Secretary is afforded discretionary

authority to authorize the use of

commodities during disasters and

situations of distress. One commenter

was confused as to what commodities

can be used from each of the food

distribution programs to provide food

assistance during situations of distress.

Commodities being held in State and

local inventories for any food

distribution program can be used to

provide food assistance in such

situations. However, in making

decisions as to what types and amounts

of commodities to make available,

distributing agencies should keep in

mind that, while there is a USDA

replacement guarantee for commodities

used in disasters, there is no such

guarantee for commodities used in

situations of distress.

Summary Report

Sections 250.43(f) and 250.44(f) of the

proposed rule would have required the

distributing agency to provide a

summary report (Form FCS–292, Report

of Coupon Issuance and Commodity

Distribution for Disaster Relief) to the

appropriate FCSRO within 30 days

following termination of the disaster/

distress assistance.

One commenter recommended that

the 30-day requirement for the

submission of such reports be extended

to 45 days, based on past experience of

30 days being too short. The commenter

cautioned against lengthening the time

period beyond 45 days, because

agencies and personnel disband

following disasters and information thus

becomes difficult to trace. FCS has

decided to implement this suggestion,

in deference to the experience of local

agencies and in the interest of program

flexibility. Therefore, this final rule

extends the time limits in Sections

250.43(f) and 250.44(f) from 30 days to

45 days.

Replacement of Foods Made Available

When the distribution of commodities

has been authorized for disasters or

situations of distress, Sections 250.43(g)

and 250.44(g) of the proposed rule

would require that the distributing

agency request replacement of foods

used from State and/or local

inventories, in writing to the FCSRO,

within 30 days following termination of

the assistance. In the case of disasters,

the proposed rule provided for a waiver
Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations 8365

of the 30-day requirement in instances

when sufficient justification is

provided, and guaranteed replacement

of foods used from State and/or local

inventories. In the case of situations of

distress, no such waiver of the 30-day

limit would be provided, and foods

would be replaced only to the extent

that they are available.

Two of the six commenters addressed

the replacement provisions. One

recommended that the replacement

policy used for disasters be applied to

situations of distress, and the other

recommended that choice of foods made

available in situations of distress be

limited to those acquired through

commodity loans and surplus-removal

activities.

The Robert T. Stafford Disaster Relief

and Emergency Assistance Act (42

U.S.C. 5121 et. seq.) specifically

authorizes the Secretary to use funds

appropriated under section 32 of the Act

of August 24, 1935 (7 U.S.C. 612c), to

purchase commodities for use in

providing food assistance to victims of

Presidentially declared disasters. There

is no specified limit as to the amount of

funds that can be used for this purpose.

In contrast, funds authorized for use in

purchasing commodities for situations

of distress are provided annually as part

of the Department’s appropriation and

cannot exceed the level specified in the

appropriations legislation. Therefore,

while commodities used from State or

local warehouses to provide food

assistance for situations of distress will

be replaced to the degree possible, the

Department cannot guarantee

replacement. With regard to the choice

of food to be made available in

situations of distress, the purpose of the

proposed rule was merely to provide

States with discretionary authority to

make commodities available for

distribution to households in situations

of distress once FCS approval for such

distributions is obtained. States will

identify the types and amounts of

commodities they wish to make

available depending upon their

inventories, immediate needs for other

purposes, and additional factors unique

to the situation. It would not be

appropriate for the Department to

impose limitations on foods which the

State can make available. Therefore, the

provisions contained in Sections

250.43(g) and 250.44(g) are retained in

this final rule as proposed, except

however, that the language contained in

these sections has been revised to clarify

that requests for replacement must be

submitted only in instances when the

distributing agency is seeking

replacement of foods used from State

and/or local inventories.

List of Subjects in 7 CFR Part 250

Aged, Agricultural commodities,

Business and industry, Food assistance

programs, Food donations, Food

processing, Grant programs-social

programs, Indians, Infants and children,

Commodity loan programs, Reporting

and recordkeeping requirements, School

breakfast and lunch programs, Surplus

agricultural commodities.

Accordingly, 7 CFR Part 250 is

amended as follows:

PART 250—DONATION OF FOODS

FOR USE IN THE UNITED STATES, ITS

TERRITORIES AND POSSESSIONS

AND AREAS UNDER ITS

JURISDICTION

1. The authority citation for part 250

is revised to read as follows:

Authority: 5 U.S.C. 301; 7 U.S.C. 612c,

612c note, 1431, 1431b, 1431e, 1431 note,

1446a-1, 1859, 2014, 2025; 15 U.S.C. 713c; 22

U.S.C. 1922; 42 U.S.C. 1751, 1755, 1758,

1760, 1761, 1762a, 1766, 3030a, 5179, 5180.

2. In § 250.3:

a. The definitions of Emergency and

Major disaster are removed; and

b. Definitions of Disaster and

Situation of distress are added in

alphabetical order.

The additions read as follows:

§ 250.3 Definitions.

* * * * *

Disaster means:

(a) Any natural catastrophe (including

any hurricane, tornado, storm, high

water, wind-driven water, tidal wave,

tsunami, earthquake, volcanic eruption,

landslide, mudslide, snowstorm,

drought), or, regardless of cause, any

fire, flood, or explosion, in any part of

the United States, which in the

determination of the President causes

damage of sufficient severity and

magnitude to warrant major disaster

assistance under the Robert T. Stafford

Disaster Relief and Emergency

Assistance Act (42 U.S.C. 5121 et seq.)

(Stafford Act) to supplement the efforts

and available resources of States, local

governments, and disaster relief

organizations in alleviating the damage,

loss, hardship, or suffering caused

thereby; or

(b) Any other occasion or instance for

which, in the determination of the

President, Federal assistance is needed

to supplement State and local efforts

and capabilities to save lives and to

protect property and public health and

safety, or to lessen or avert the threat of

a catastrophe in any part of the United

States.

* * * * *

Situation of distress means:

(a) A hurricane, tornado, storm, flood,

high water, wind-driven water, tidal

wave, tsunami, earthquake, volcanic

eruption, landslide, mudslide,

snowstorm, drought, fire, explosion, or

other natural catastrophe not declared

by the President to be a disaster, but

which, in the judgment of the

distributing agency, warrants the use of

USDA commodities for congregate

feeding; and

(b) Any other situation not declared

by the President to be a disaster, but

which, in the judgment of FCS, warrants

the use of USDA commodities for

congregate feeding or household

distribution.

* * * * *

3. Section 250.43 is revised to read as

follows:

§ 250.43 Disaster food assistance.

(a) Organizational eligibility. In

instances in which the President has

declared a disaster and FCS has

determined that, as a result of the

disaster, low-income households are

unable to purchase adequate amounts of

nutritious food, disaster organizations

(including agencies of State and Federal

government) may be eligible to receive

donated foods for congregate meal

service or household distribution to

disaster victims. Applications submitted

by disaster organizations to the

distributing agency for the receipt and

distribution of donated foods in

accordance with paragraphs (b)(2) and

(c)(2) of this section shall be initially

submitted in writing if circumstances

permit and, if not, confirmed in writing

in a timely manner. Both the

applications and the written approval

for the use of USDA commodities shall

be maintained in accordance with the

recordkeeping requirements of this part.

(b) Congregate meal service—(1)

Approval authority and duration.

Distributing agencies may review and

approve applications submitted by

disaster organizations for the donation

of foods for use in preparing congregate

meals for disaster victims. Distributing

agencies also shall determine the length

of such donations, taking into

consideration the magnitude of the

situation, and may extend the duration

of such donations as developing

circumstances dictate. Following

approval of a request for donated foods,

the distributing agency shall make

appropriate donated foods available

from any source within the State to the

disaster organization(s) and within 24

hours of approving the application shall

report the information listed in

paragraph (b)(2) of this section to the

appropriate FCSRO.
8366 Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations

(2) Applications. (i) Disaster

organizations wishing to receive

donated foods for use in preparing

meals for disaster victims shall submit

applications to the distributing agency.

Applications shall, to the extent

possible, include the following

information:

(A) Description of disaster situation;

(B) Number of people requiring meals;

(C) Period of time for which

commodities are requested; and

(D) Quantity and types of food needed

for congregate meal service.

(ii) In addition, organizations shall

report to the distributing agency the

number and location of sites providing

congregate meal service as such sites are

established.

(c) Household distribution—(1)

Approval authority and duration. In

instances in which the distributing

agency has determined that the

distribution of donated foods to

households is appropriate, the

distributing agency shall submit

applications requesting approval for

such distributions to the appropriate

FCSRO for submission to FCS for prior

approval. FCS will determine the length

of time such donations will be made,

taking into consideration the magnitude

of the situation, and may extend the

duration of such donations as

developing circumstances dictate.

(2) Applications. (i) Disaster

organizations wishing to receive and

distribute donated foods to households

shall submit applications to the

distributing agency. Applications shall,

to the extent possible, include the

following information:

(A) Description of disaster situation;

(B) Identification of the specific

area(s) included in the request;

(C) Number of households affected;

(D) Explanation as to why the

distribution of commodities to

households is warranted;

(E) Anticipated distribution period;

(F) Method(s) of distribution

available;

(G) Quantity and types of food needed

for distribution;

(H) Statement of assurance that

simultaneous disaster food stamp

benefits and commodity assistance will

not be provided to individual

households; and

(I) Description of the system that will

be implemented to prevent dual

participation.

(ii) In addition, information on the

number and location of sites where

commodities are to be distributed shall

be provided to the distributing agency

as such sites are established.

(3) Collection of household

information. In instances in which the

issuance of disaster food stamp benefits

has been approved, any entity (i.e.,

Federal, State, or local) distributing

donated foods to households shall, at a

minimum, collect the information listed

below in a format prescribed by the

distributing agency. Such information

shall be forwarded to the distributing

agency and maintained by the

distributing agency in accordance with

the recordkeeping requirements

contained in this part, except that such

information may, at the discretion of the

distributing agency, be maintained by

the organization distributing

commodities if such organization is an

agency of the State government.

(i) Name of household member

applying for assistance;

(ii) Address;

(iii) Number of household members;

and

(iv) Statement signed by the

household certifying that the household:

(A) Is in need of food assistance;

(B) Understands that

misrepresentation of need, and the sale

or exchange of the donated food, are

prohibited and could result in a fine,

imprisonment, or both;

(C) Is not residing in a shelter which

provides food assistance; and

(D) Is not receiving disaster food

stamp benefits.

(d) Quantities and value of donated

foods. The distributing agency shall

make donated foods available to

approved disaster organizations based

on the caseload factor information

provided by the disaster organizations.

(e) Types of donated foods authorized

for donation. Disaster organizations

providing food assistance under this

Section are eligible to receive donated

foods under section 416, section 32,

section 709, section 4(a), and sections

412 and 413 of the Stafford Act.

(f) Summary report. Within 45 days

following termination of the disaster

assistance, the distributing agency shall

provide a summary report to the

appropriate FCSRO using Form FCS–

292, Report of Coupon Issuance and

Commodity Distribution for Disaster

Relief.

(g) Replacement. Distributing agencies

which decide to seek replacement of

foods used from State and/or local

inventories for disaster assistance shall

file their request in writing to the

FCSRO within 30 days following

termination of the assistance. FCS will

replace such foods in instances when a

request for replacement is submitted

within the required 30 days or sufficient

justification exists to waive the 30-day

requirement.

4. Section 250.44 is revised to read as

follows:

§ 250.44 Food assistance in situations of

distress.

(a) Organizational eligibility. In

situations of distress in which needs for

food assistance cannot be met under

other provisions of this Part,

organizations (including agencies of

State and Federal government) may be

eligible to receive donated foods for

congregate meal service or household

distribution to victims of the situation of

distress. Applications submitted to the

distributing agency for the receipt and

distribution of donated foods in

accordance with paragraphs (b)(2) and

(c)(2) of this section shall be initially

submitted in writing if circumstances

permit and, if not, confirmed in writing

in a timely manner. Both the

applications and the written approval

for the use of USDA commodities shall

be maintained in accordance with the

recordkeeping requirements of this Part.

(b) Congregate meal service. (1)

Approval authority and duration.

Distributing agencies may review and

approve applications for the donation of

foods for use in preparing congregate

meals for a period not to exceed 30 days

for victims of situations of distress in

instances in which the need for such

assistance meets the conditions of

paragraph (a) of the definition of

situation of distress in § 250.3.

Following approval of a request,

distributing agencies shall report the

information listed in paragraph (b)(2) of

this section to the appropriate FCSRO

within 24 hours. In instances when the

distributing agency extends the

originally approved distribution period

from less than 30 days to the 30-day

limit, it shall notify the FCSRO of such

extensions. Distributing agencies shall

request approval from FCS, via the

appropriate FCSRO, for donations to

exceed 30 days. Upon determining that

there is a need for the donation of foods

for congregate meals in instances other

than those that meet the criteria in

paragraph (a) of the definition of

situation of distress in § 250.3, the

distributing agency shall forward

applications to the appropriate FCSRO

for submission to FCS for prior

approval. FCS will determine the

duration of such donations, taking into

consideration the magnitude of the

situation. Determinations as to the

length of donations may be revised as

developing circumstances dictate.

(2) Applications. (i) Organizations

wishing to receive donated foods for use

in preparing meals shall submit

applications to the distributing agency.

Applications shall, to the extent

possible, include the following

information:
Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations 8367

(A) Description of the situation of

distress;

(B) Number of people requiring meals

and congregate meal service period; and

(C) Quantity and types of food

needed.

(ii) In addition, information on the

number and location of sites providing

meals shall be submitted to the

distributing agency as such sites are

established.

(c) Household distribution.—(1)

Approval authority and duration. In

instances in which the distributing

agency has determined that the

distribution of donated foods to

households is appropriate, the

distributing agency shall submit

applications requesting approval for

such distributions to the appropriate

FCSRO for submission to FCS for

approval. FCS will determine the

duration of the donations, taking into

consideration the magnitude of the

situation. Such determinations may be

revised as developing circumstances

dictate.

(2) Applications. (i) Organizations

wishing to receive and distribute

donated foods to households shall

submit applications to the distributing

agency. Applications shall, to the extent

possible, include the following

information:

(A) Description of the situation of

distress;

(B) Explanation as to why the

distribution of commodities to

households is warranted;

(C) Identification of the specific

area(s) included in the request;

(D) Anticipated distribution period;

(E) Number of households expected to

participate;

(F) Quantity and types of food needed

for distribution;

(G) Statement of assurance that

simultaneous disaster food stamp

benefits and commodity assistance will

not be provided to individual

households; and

(H) Description of the system that will

be implemented to prevent dual

participation.

(ii) In addition, information on the

number and location of sites shall be

provided to the distributing agency as

such sites are established.

(3) Collection of household

information. In a format prescribed by

the distributing agency, any entity (i.e.,

Federal, State, or local) distributing

donated foods to households in an area

where the issuance of disaster food

stamp benefits has been approved shall,

at a minimum, collect the information

listed below. Such information shall be

forwarded to the distributing agency

and maintained by the distributing

agency in accordance with the

recordkeeping requirements contained

in this part, except that such

information may, at the discretion of the

distributing agency, be maintained by

the organization distributing

commodities if such organization is an

agency of the State government.

(i) Name of household member

applying for assistance;

(ii) Address;

(iii) Number of household members;

and

(iv) Statement signed by the

household certifying that the household:

(A) Is in need of food assistance;

(B) Understands that

misrepresentation of need, and the sale

or exchange of the donated food are

prohibited and could result in a fine,

imprisonment, or both;

(C) Is not residing in a shelter which

provides food assistance; and

(D) Is not receiving disaster food

stamp benefits.

(d) Quantities and value of donated

foods. The distributing agency shall

make donated foods available to eligible

organizations based on the caseload

factor information provided by the

organizations.

(e) Types of donated foods authorized

for donation. Organizations providing

food assistance in situations of distress

are eligible to receive donated foods

under section 416, section 32, section

709, and section 4(a).

(f) Summary report. Within 45 days

following termination of the assistance,

the distributing agency shall provide a

summary report to the appropriate

FCSRO using Form FCS–292, Report of

Coupon Issuance and Commodity

Distribution for Disaster Relief.

(g) Replacement. Distributing agencies

which decide to seek replacement of

foods used from State and/or local

inventories for situations of distress

shall file their request in writing to the

FCSRO within 30 days following

termination of the assistance. FCS will

replace such foods to the extent that

foods are available.

Dated: February 14, 1997.

William E. Ludwig,

Administrator.

[FR Doc. 97–4536 Filed 2–24–97; 8:45 am]

BILLING CODE 3410–30–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–223–AD; Amendment

39–9894; AD 97–02–09]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 727 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; correction.

SUMMARY: This document corrects

information in an existing airworthiness

directive (AD), applicable to all Boeing

Model 727 series airplanes, that

currently requires inspections to detect

cracking of the actuator rib fitting of the

inboard door of the main landing gear

(MLG); and various follow-on actions.

This action corrects a reference to the

amendment number of a previouslyissued AD, which was superseded by

AD 97–02–09.

DATES: Effective March 4, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 7,

1997 (62 FR 3988, January 28, 1997).

SUPPLEMENTARY INFORMATION: On

January 14, 1997, the FAA issued AD

97–02–09, amendment 39–9894 (62 FR

3988, January 28, 1997), which is

applicable to all Boeing Model 727

series airplanes. That AD requires

inspections to detect cracking of the

actuator rib fitting of the inboard door

of the main landing gear (MLG); and

various follow-on actions. It was

prompted by a report of a fractured rib

fitting that had been reworked in

accordance with one of two existing

AD’s. The actions specified by that AD

are intended to prevent damage to the

airplane caused by a failure of the

landing gear to extend due to a fractured

rib fitting.

AD No. Amendment No. Federal Register citation

AD 90–02–19 ..................................................................................................................................... 39–6433 (55 FR 601, January 8, 1990)

AD 93–01–14 ..................................................................................................................................... 39–8468 (58 FR 5574, January 22, 1993)