This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

62999

Vol. 60, No. 236

Friday, December 8, 1995

DEPARTMENT OF AGRICULTURE

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: Proposed rule.

SUMMARY: This rule proposes to amend

the provisions of the Food Distribution

Program Regulations that relate to food

assistance provided in response to

Presidentially declared disasters and

emergencies and in other situations of

distress. The proposals contained in this

rule address: (1) Simultaneous issuance

of commodities and food stamps in a

disaster; (2) distribution of commodities

to households in situations of distress;

(3) authorization for providing

commodity assistance; (4) reporting

requirements; and (5) the replacement of

commodities. In addition, revised

definitions are being proposed 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.

DATES: To be assured of consideration,

comments must be postmarked on or

before February 6, 1996.

ADDRESSES: Comments should be sent

to: Lillie Ragan, Section Head,

Household Programs Section, Policy

and Program Development 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.

Comments in response to this rule may

be inspected at 3101 Park Center Drive,

Room 502, Alexandria, Virginia, during

normal business hours (8:30 a.m. to 5

p.m.), Monday through Friday.

FOR FURTHER INFORMATION CONTACT:

Lillie Ragan at the above address or

telephone (703) 305–2661.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This proposed 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 would 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 would 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).

Information Collection

This proposed rule contains

information collection requirements

which are subject to review and

approval by the Office of Management

and Budget (OMB). As required by

section 3504(h) of the Paperwork

Reduction Act of 1980 (44 U.S.C.

3504(h)), FCS has submitted a copy of

this proposed rule to OMB for review of

these information collection

requirements. The title, description, and

respondent description of the

information collections are shown

below with an estimate of the annual

reporting and recordkeeping burdens.

Title: Commodity Assistance to

Households in Disasters and Situations

of Distress.

Description: In instances when the

Food Stamp Program is in operation and

commodities are being made available

for distribution to households, this

proposed rule increases the reporting

and recordkeeping burden by requiring

the collection of the following minimal

information from each household

receiving commodities during

Presidentially declared disasters and

other situations of distress: (1) name of

one household member; (2) address; (3)

number of persons in the household;

and (4) a signed statement of assurance

that the household is not receiving food

stamp benefits. Such information is

necessary in that it can be used by local

organizations involved in the

distribution of commodities to

determine if a household is receiving

food stamp benefits, thus significantly

reducing the possibility of both food

stamp and commodity assistance being

provided to households simultaneously.

The reporting and recordkeeping

requirements identified below have

been submitted to OMB for approval

and are not effective until such approval

is obtained. The new information

collection requirements will not become

effective until OMB has assigned a

control number. Current reporting and

recordkeeping requirements for disaster

assistance were approved under Control

Number 0584–0037.

Description of Respondents: Relief

organizations, households receiving

commodities for home consumption in

Presidentially declared disasters and

other situations of distress when the

situation warrants.
63000 Federal Register / Vol. 60, No. 236 / Friday, December 8, 1995 / Proposed Rules

FOOD ASSISTANCE IN DISASTER AND DISTRESS SITUATIONS DESCRIPTION OF RESPONDENT’S ESTIMATED ANNUAL

REPORTING AND RECORDKEEPING BURDEN

Section 7 CFR part

Annual

Number respondents

Annual frequency responseAverage

burden per

hours

Annual

burden

7 CFR 250.43:

Previous .................................................................................................................... 0 0 0 0

Proposed ................................................................................................................... 1000 1 .020 20

7 CFR 250.44:

Previous .................................................................................................................... 0 0 0 0

Proposed ................................................................................................................... 1000 1 .020 20

Total Previous Burden Hours: 0; Total Proposed Burden Hours: 66; Total Difference: +66.

Executive Order 12778

This proposed 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

of the final rule. 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

On October 13, 1994, the President

signed the Federal Crop Insurance

Reform and Department of Agriculture

Reorganization Act of 1994, Pub. L.

103–354. One of the provisions of the

Act eliminated the Food and Nutrition

Service (FNS) and replaced it with the

Food and Consumer Service (FCS).

Therefore, references to FNS throughout

this proposed rule have been changed to

FCS. References to FNS in the

remainder of 7 CFR Part 250 will be

changed through rulemaking at a later

date.

The Department makes commodities

available for use in providing food

assistance to victims of disasters and

emergencies, and to those in situations

of distress, in accordance with authority

contained in several statutes. Donated

commodities are made available for use

in providing food assistance to victims

of Presidentially declared disasters and

emergencies in accordance with the

provisions contained in sections 412

and 413 of the Robert T. Stafford

Disaster Relief and Emergency

Assistance Act (DREAA). DREAA was

formerly known as ‘‘The Disaster Relief

Act of 1974.’’ It was amended and its

title changed to DREAA by Public Law

100–707 (November 23, 1988), the

Disaster Relief and Emergency

Assistance Amendments of 1988.

Donated commodities are made

available for use in non-Presidentially

declared emergencies (i.e., situations of

distress) in accordance with section 32

of the Act of August 24, 1935, section

416 of the Agricultural Act of 1949, and

section 4(a) of the Agriculture and

Consumer Protection Act of 1973.

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 or emergency, and in

situations of distress.

As discussed in detail below, some

proposals contained in this proposed

rule reflect amendments which have

been made to the authorizing

legislation. This proposed rule also

includes regulatory changes

recommended by the Task Force for

Disaster Preparedness established by the

Department of Agriculture (USDA or

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 are

proposed in this rule under the

discretionary authority granted to the

Secretary by section 32 of the Act of

August 24, 1935, section 416 of the

Agricultural Act of 1949, and the

DREAA. The discretionary changes are

part of the Department’s effort to ensure

that commodity assistance is made

available to victims of disasters,

emergencies and situations of distress in

the most efficient and effective manner

possible while maintaining the integrity

of the program.

Definitions

Section 250.3 of the current

regulations contains definitions of

‘‘Emergency’’ and ‘‘Major Disaster’’

derived from the Disaster Relief Act of

1974 (now ‘‘DREAA’’). Pub. L. 100–707

amended the Disaster Relief Act of 1974

to revise these definitions.

The DREAA defines ‘‘Emergency’’ as

‘‘any 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.’’

A ‘‘Major Disaster’’ is defined under

the DREAA as ‘‘any natural catastrophe

(including any hurricane, tornado,

storm, flood, 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 DREAA 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.’’

The majority of the general public is

not familiar with the specific terms

contained in the DREAA (i.e.

‘‘Emergency’’ and ‘‘Major Disaster’’).

Furthermore, this rulemaking

establishes no distinctions between the

situations these terms represent

regarding types of benefits or

procedures for authorizing, utilizing,

reporting on utilization of, or replacing

commodities. Therefore, this rule

proposes to: (1) add to Section 250.3 the

term ‘‘Disaster,’’ which would

incorporate the definitions of

‘‘Emergency’’ and ‘‘Major Disaster’’

contained in the DREAA; and (2) delete

the terms ‘‘Emergency’’ and ‘‘Major
Federal Register / Vol. 60, No. 236 / Friday, December 8, 1995 / Proposed Rules 63001

Disaster’’ currently contained in Section

250.3. These proposed revisions would

not impact on program operations or

benefits in any way.

The key distinction between disasters

and situations of distress with regard to

food assistance is whether a Presidential

declaration is made. However, there is

no definition of ‘‘Situation of Distress’’

under Section 250.3 of the current

regulations to make this distinction

immediately clear.

Therefore, this rule also proposes to

amend Section 250.3 to add a definition

for ‘‘Situation of Distress.’’ Under this

proposal, a ‘‘Situation of Distress’’ is

defined as ‘‘(1) 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 an emergency or

disaster, but which, in the judgment of

a State distributing agency, warrants the

use of USDA commodities for

congregate feeding; and (2) any other

situation not declared by the President

to be an emergency or disaster, but

which, in the judgment of FCS, warrants

the use of USDA commodities for

congregate feeding or household

distribution.’’ This proposed definition

will: (1) clarify that a situation of

distress lacks a Presidential declaration;

and (2) clearly identify those situations

in which State distributing agencies can

independently initiate USDA

commodity assistance, on the one hand,

and those in which prior approval by

FCS is required.

Reference to the Disaster Relief Act of

1974

The Disaster Relief Act of 1974 is

referenced in Sections 250.43(a) and

250.43(e) of the current regulations.

Following publication of the

regulations, the Disaster Relief Act of

1974 was amended and renamed the

DREAA. Therefore, this rule proposes to

amend Section 250.43(e) to remove the

outdated reference and replace it with a

reference to the DREAA, and proposes

to remove all reference to any statutory

authority in Section 250.43(a) since

such reference is unnecessary.

Distribution of Commodities to

Households in Presidentially Declared

Disaster Areas

This section of the preamble

addresses ‘‘disasters,’’ the proposed

definition for which encompasses only

situations in which a Presidential

declaration has been issued. ‘‘Situations

of distress,’’ proposed to be defined as

situations lacking a Presidential

declaration, are discussed later in this

preamble.

On August 19, 1985, an overall

revision of Part 250 was published as a

proposed rule in the Federal Register

(50 FR 33470). Section 250.43 of the

proposed rule limited the distribution of

commodities to households residing in

areas served by the Food Stamp Program

to those instances in which commercial

channels of trade have been disrupted

due to a major disaster or emergency.

Approval of requests to make

commodities available for distribution

to households was made contingent

upon commercial channels of trade

having been disrupted because it is in

these circumstances that households

would have no way of using food

stamps. Thus, such a contingency

would ensure that commodity and food

stamp assistance would not be provided

in any area simultaneously, thereby

eliminating any possibility of

households receiving dual benefits.

In general, commenters on the

proposed rule of August 1985 opposed

limiting the distribution of commodities

to households in this manner. However,

the interim rule published in the

Federal Register on June 3, 1988, (53 FR

20416) retained the provision as

proposed on the premise that in

instances in which commercial

channels of trade are intact, nutritional

needs of disaster victims can be met

through the Food Stamp Program.

Since implementation of the interim

rule, several disasters have occurred in

response to which the Department

provided food assistance. This

experience, and recommendations of the

Task Force for Disaster Preparedness,

have led the Department to reevaluate

the current regulatory provisions. While

the Department still believes that the

Food Stamp Program should be the

primary food assistance program for

disaster victims whenever commercial

channels of trade are intact, it also

acknowledges that there are instances in

which such facilities remain in

operation yet are inaccessible to some

disaster victims. For example, where

roads have been heavily damaged or

flooded, some individuals residing in

households in that area may not be able

to reach food stamp certification offices

or local grocery stores. They may,

however, have access to emergency

commodity distribution sites

strategically located in response to the

specific situation.

Therefore, in accordance with the

discretionary authority provided under

the DREAA, to facilitate reasonable

access to food assistance for all disaster

victims, this rule proposes to amend

Section 250.43 of the current regulations

to establish FCS’s authority to permit

distribution of commodities to

households regardless of whether

commercial channels of trade have been

disrupted or the Food Stamp Program is

in operation in instances in which such

distributions are warranted. However,

the Department believes that most

disaster situations will not warrant the

simultaneous operation of the Food

Stamp Program and a household

commodity distribution program in the

same area.

Submission of Requests

Section 250.43(c) of the current

regulations requires that distributing

agencies submit requests to the

appropriate FCS Regional Office

(FCSRO) for approval prior to making

commodities available for distribution

to households. However, the process for

approving such requests has not been

clearly understood.

While the regulations require

submission of such requests to the

appropriate FCSRO, the requests are

forwarded to FCS Headquarters for

actual approval. In an effort to eliminate

any confusion regarding the approval

process, this rule proposes to revise

Section 250.43(c) to require that

requests be submitted to the FCSRO for

forwarding to FCS for approval. Since

the FCSRO is typically very close to or

on the scene of a disaster, the FCSRO

will be expected to submit a

recommendation to FCS along with the

application for use in making

appropriate determinations. In addition,

this rule proposes to revise this section

to clarify the information currently

required to be submitted as part of such

requests.

This rule also proposes to apply

information requirements established

under current rules for approval to make

household distributions in situations

when commercial channels of trade

have been disrupted to situations in

which commercial channels are intact.

The proposal would also establish

additional requirements in both types of

situations. In addition to the

information distributing agencies are

currently required to submit when

requesting approval for the distribution

of commodities to households, requests

would be required to include, at a

minimum, the following information:

(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
63002 Federal Register / Vol. 60, No. 236 / Friday, December 8, 1995 / Proposed Rules

system that will be implemented to

prevent dual participation.

Submission of such information is

necessary in order for FCS to determine

if the situation warrants the

simultaneous distribution of food

stamps and commodities and to ensure

that the State has a viable system to

prevent dual benefits from being

provided to households.

Collection of Household Information

While various forms have been

developed by States for use in collecting

household data, current regulations

contain no provisions concerning the

collection of information from

households for the receipt of donated

foods during a disaster. Under the

provisions contained in this proposed

rule, food stamp benefits can be issued

and commodities distributed for home

consumption in areas where it has been

determined by the Department that the

situation warrants such simultaneous

operations. However, the Department is

concerned that in such instances food

stamp benefits and commodities may be

provided to the same household

simultaneously. In an effort to ensure

that information necessary to prevent

the issuance of dual benefits and for

establishing and pursuing claims action

is available, this rule proposes to amend

section 250.43(c) to require that

organizations distributing donated foods

to households in areas where the Food

Stamp Program is in operation obtain, at

a minimum, the name of the household

member applying for assistance, number

of members in the household, and the

household’s address. Such information

must be recorded in whatever format the

State deems appropriate.

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 adult member of the

household applying for benefits to the

effect that the household: (1) Is in need

of food assistance as a result of the

disaster; (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

food stamp assistance. While the intent

of this signed statement is to prevent

applicants from receiving duplicative

food assistance benefits, it should be

reasonably interpreted in the context of

the individual case. For example, a

household which applies for commodity

assistance en route from a shelter where

food assistance was provided to

reoccupy its permanent residence

should not be considered to be ‘‘residing

in a shelter.’’ The signing of such

statements will ensure that households

understand the conditions under which

the food assistance is being provided.

Such statements will also provide

further support for pursuing a claim

against a household in instances in

which both food stamp and commodity

assistance were provided. Under the

proposal, all signed statements must be

provided to the distributing agency

unless the organization distributing the

commodities is an agency of the State.

At the discretion of the distributing

agency, non-State agencies may be

assigned responsibility of retaining such

statements rather than forwarding them

to the State.

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. This course of

action is preferred since the

recordkeeping requirements that would

have to be imposed on a disaster

organization to ensure availability of

information necessary to establish a

claim for the value of commodities

would be significant, while recording

the value of the food stamp benefit

provided is already required and much

less time consuming.

There have been instances in past

years in which other Federal agencies

have been involved in providing food

assistance to disaster victims with

USDA commodities. Questions were

raised as to whether these agencies were

subject to the requirements set forth for

disaster situations. In instances in

which it has been determined that the

collection of certain information is

necessary and the regulations contain

information collection requirements, all

organizations, regardless of the type,

must comply with the requirements.

This proposed rule will clarify that any

entity, including Federal, State, and

local agencies, involved in the

distribution of USDA commodities must

comply with all such regulatory

requirements. In addition, this proposed

rule will clarify that State and Federal

agencies can act as a disaster

organization in providing food

assistance during disasters and

situations of distress.

Replacement of Commodities

Section 250.43(g) of the current

regulations states that USDA

commodities used from the State’s

inventory for a major disaster or

emergency will be replaced by FCS to

the extent that foods are available.

Section 413(b) of the DREAA

authorizes the use of funds under

section 32 of the Act of August 24, 1935,

to purchase food necessary to provide

adequate supplies for use in a major

disaster or emergency. This rule

proposes to amend paragraph (g) of

Section 250.43 to reflect the statutory

authority. This change will guarantee

that USDA commodities used by a State

for disaster assistance are replaced,

provided that a timely request is

submitted by the distributing agency.

Use of Commodities in Situations of

Distress

The primary difference between a

disaster and a situation of distress, with

regard to USDA food assistance, is that

a situation of distress is not of a

magnitude to warrant an emergency or

disaster declaration by the President.

This section of the preamble addresses

only such situations of distress.

Section 250.44 of the current

regulations permits, upon approval by

the Secretary, the distribution of

donated foods to organizations for use

in preparing meals in situations in

which the need for food assistance

cannot be met through other provisions

of Part 250 regulations. Prior to the

overall revision of Part 250, which was

published as an interim rule in the

Federal Register on June 3, 1988, (53 FR

20416), the regulations also permitted

the Department to authorize distribution

of commodities to households in all

such situations. In drafting the overall

revision, the Department decided to

delete those provisions relative to

household distribution in situations of

distress on the premise that food

assistance to households can be

provided through the Food Stamp

Program.

Since implementation of the interim

rule, the Department has determined

that the Food Stamp Program may not

be able to meet the nutritional needs of

all affected households in situations of

distress. For example, it may not be

possible for some households to obtain

food stamp benefits due to certain

eligibility requirements, such as

resource limits on the value of vehicles,

or citizenship. In addition, there may be

instances in which certain areas are

hard hit by a non-Presidentially

declared disaster (i.e., situation of

distress) and using food stamps is not

feasible because commercial channels of

trade in those particular areas are

disrupted.

Therefore, to ensure that food

assistance can be made available to

households in these types of situations,
Federal Register / Vol. 60, No. 236 / Friday, December 8, 1995 / Proposed Rules 63003

this rule proposes to revise Section

250.44 to reinstate the Department’s

authority to permit the distribution of

commodities to households in situations

of distress. This discretionary authority

is afforded the Secretary under section

416 of the Agricultural Act of 1949, and

section 32 of the Act of August 24, 1935.

Section 250.44 is being revised

instead of Section 250.43, which sets

forth provisions relative to disasters, in

order to clarify and underscore the

different treatment of Presidentially

declared ‘‘disasters,’’ on the one hand,

and ‘‘situations of distress,’’ on the

other.

Submission of Requests

Section 250.44 of the current

regulations requires that all requests for

the donation of commodities for use in

situations of distress be submitted for

approval by the Secretary.

This rule proposes to revise Section

250.44 to delegate the authority for

approving requests for the donation of

commodities for use in congregate

feeding to the distributing agency in

instances in which the need for such

assistance meets the conditions of

paragraph (1) of the definition of

‘‘Situation of Distress’’ set forth in

Section 250.3. Those instances include

‘‘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 an emergency or

disaster.’’ This delegation of authority is

consistent with the delegation of

authority contained in Section 250.43

for the use of commodities for

congregate feeding in Presidentially

declared disasters. While the

Department recognizes that instances

other than those included above may

warrant the donation of commodities for

use in preparing congregate meals, such

donations should be limited to those

situations where it can be determined

that other traditional Federal or State

assistance programs cannot meet the

needs of individuals who have been

adversely affected by the situation.

Thus, in an effort to ensure consistency

in such determinations, Section 250.44

of this rule proposes to require that

requests for the donation of

commodities for use in preparing

congregate meals in instances when the

situation of distress does not fit the

above criteria be submitted for approval

by FCS. Approval by FCS, instead of by

the Secretary, will facilitate expeditious

handling of requests, while still

maintaining an appropriate level of

oversight.

Section 250.44(c)(2) of this rule also

proposes to require that requests for the

donation of commodities for

distribution to households in situations

of distress, regardless of the type of

situation, be submitted for approval by

FCS. The proposal would require this

level of approval in an effort to ensure

that: (1) Such distributions are limited

to situations that warrant this type of

assistance; and (2) households will not

be receiving food stamp and commodity

assistance simultaneously.

As discussed in the Definitions

section earlier in this preamble, for

purposes of clarification, this rule also

proposes to specify the above-described

approval authorities for congregate

feeding and household distribution,

respectively, in the definition of

‘‘Situation of Distress’’ contained in

Section 250.3.

This rule also proposes to amend

Section 250.44 to require that

organizations requesting the donation of

commodities for use in congregate meal

service for victims of situations of

distress provide the following

information to the distributing agency:

(1) A description of the distress

situation; (2) number of people

requiring meals; (3) period of time for

which the donations are being

requested; and (4) quantity and types of

food needed. In addition, information

on the number and location of sites

providing meals will be provided as

sites are established.

It is imperative that this information

be provided so that FCS and the

distributing agency are able to

determine if: (1) The donation of

commodities is warranted; (2) the

amount and types of commodities

requested are appropriate for the

situation; and (3) there is sufficient food

in inventory within the State to meet the

needs of the organizations. When the

distributing agency has approved

requests for the donation of

commodities for congregate feeding in

accordance with the delegation of

authority prescribed above, it must

forward this information to the

appropriate FCSRO.

This rule proposes to revise Section

250.44 to require that requests to FCS

for permission to distribute

commodities to households contain, at a

minimum, the following information:

(1) A description of the situation; (2) an

explanation as to why such

distributions are warranted; (3) period

of time for which the request is being

made; (4) identification of the specific

area(s) included in the request; (5)

number of households expected to

participate; (6) quantity and types of

food needed; (7) a statement of

assurance that both food stamp and

commodity assistance will not be

provided to individual households

simultaneously; and (8) a description of

the system that will be implemented to

prevent dual participation in the Food

Stamp Program and the commodity

household distribution program. In

addition, information relative to the

number and location of distribution

sites must be provided to FCS as sites

are established.

Collection of Household Information

Section 250.44 is also revised in this

proposed rule to require that any entity,

including Federal, State, and local

agencies, involved in the distribution of

USDA commodities comply with the

requirements contained in Section

250.43(c) of this proposed rule regarding

the collection and submission of

information (i.e., household

information, and statements of

assurance). As with Presidentially

declared disasters, this information will

be used to ensure that such distributions

are warranted and to enhance program

accountability.

Submission of Form FNS–292

This rule proposes to incorporate in

Section 250.44 a requirement that

distributing agencies submit a summary

report to the FCSRO using Form FNS–

292, Report of Coupon Issuance and

Commodity Distribution for Disaster

Relief, within 30 days following

termination of the distribution period.

This requirement is being incorporated

to ensure timely reporting, strengthen

program accountability, and facilitate

timely replacement of State inventories

of USDA commodities in instances in

which replacement commodities are

available.

Thirty-Day Restriction

Section 250.44 of the current

regulations limits the distribution of

commodities in situations of distress to

a period of 30 days. However, it is the

opinion of the Department that some

situations of distress may warrant a

longer distribution period. Thus, this

rule proposes to amend Section 250.44

to permit the distribution of

commodities for longer periods of time

when the situation warrants. In

instances in which the distributing

agency approves the distribution of

commodities for use in preparing

congregate meals, such approval may be

granted for a period not to exceed 30

days. Should the distributing agency

determine that the situation warrants a

longer distribution period, the

distributing agency must submit a

request to justify an extension to FCS for
63004 Federal Register / Vol. 60, No. 236 / Friday, December 8, 1995 / Proposed Rules

approval. These provisions will afford

FCS increased flexibility in responding

to situations of distress, and at the same

time ensure that the use of USDA

commodities in these situations is

warranted.

In addition, this rule proposes to

clarify in Section 250.44 that the

determination as to the appropriate

period of time for which commodities

will be made available would be subject

to revision as developing circumstances

dictate. In instances when the

distributing agency extends the

distributions within the 30-day period

discussed above, it must notify the

FCSRO of such extensions. Submission

of this information to the FCSRO is

necessary to facilitate accurate

replacement of USDA commodities, as

discussed below.

Replacement of Commodities

Section 250.44 of the current

regulations does not contain provisions

relative to the replacement of the USDA

commodities that States use to provide

assistance during a situation of distress.

USDA has limited funding to purchase

commodities for use in providing food

assistance in situations of distress, and

can also donate for this use

commodities purchased under pricesupport and surplus removal

authorities. Therefore, USDA

commodities that are used from the

State’s inventory for a situation of

distress will be replaced at the request

of the distributing agency to the extent

that inventories of price-support and

surplus-removal commodities permit.

This rule proposes to amend Section

250.44 to include this replacement

policy. In addition, to ensure timely

submission of requests for replacement,

this rule proposes to incorporate a

requirement that such requests be

submitted within 30 days following

termination of the distributions.

The attached chart has been included

in this preamble to assist readers in

understanding the basic provisions set

forth in this proposed rule.

Disaster Situation of distress

Definition ....... (1) any natural catastrophe (including any hurricane, tornado, storm,

flood, 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

U.S., which in the determination of the President causes damage of

sufficient severity and magnitude to warrant major disaster assistance under the DREAA 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 (2) 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 U.S.

(1) 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 an

emergency or disaster, but which, in the judgment

of the distributing agency, warrants the use of

USDA commodities for congregate feeding; and (2)

any other situation not declared by the President to

be an emergency or disaster, but which, in the

judgment of FCS, warrants the use of USDA commodities for congregate feeding or household distribution.

Food assistance

authorized Congregate feeding Household distribution Congregate feeding Household distribution

Approval authority ..... State distributing

agency.

FCS HQ .................................. If distress situation in accordance with (1) in above definition, State distributing

agency; Otherwise, FCS HQ.

FCS HQ.

Applicable sections of

regulations.

250.43(b) ................ 250.43(c) ................................. 250.44(b) ................................. 250.44(c).

Household information required.None ....................... Name; Address; Number in

Household; Assurance

Statement re: need and dual

participation in food stamps;

Signature (in instances

when the Food Stamp Program is in operation).

None ........................................ Name; Address; Number in

Household; Assurance

Statement re: need and dual

participation in food stamps;

Signature (in instances

when the Food Stamp Program is in operation).

Replacement of

USDA commodities.

Yes ......................... Yes .......................................... To the extent available ........... To the extent available.

List of Subjects

7 CFR Part 250

Aged, Agricultural commodities,

Business and industry, Food assistance

programs, Food donations, Food

processing, Grant programs-social

programs, Indian, Infants and children,

Price support programs, Reporting and

recordkeeping requirements, School

breakfast and lunch programs, Surplus

agricultural commodities.

Accordingly, 7 CFR Part 250 is

proposed to be 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

continues to read as follows:

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

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

note, 1446a–1, 1859; 15 U.S.C. 713c; 22

U.S.C. 1922; 42 U.S.C. 1755, 1758, 1760,

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

2. In Section 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, flood,

high water, wind-driven water, tidal

wave, tsunami, earthquake, volcanic

eruption, landslide, mudslide,

snowstorm, drought), or, regardless of
Federal Register / Vol. 60, No. 236 / Friday, December 8, 1995 / Proposed Rules 63005

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 Disaster Relief and

Emergency Assistance 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 an emergency or

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 an emergency or

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

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.

(2) Applications. Disaster

organizations shall submit applications

for the receipt and distribution of

donated foods for use in providing

congregate meal service to the

distributing agency. Applications shall,

to the extent possible, include the

following information.

(i) Description of disaster or

emergency situation;

(ii) Number of people requiring meals;

(iii) Period of time for which

commodities are requested; and

(iv) Quantity and types of food

needed for congregate meal service.

In addition, organizations shall report

the number and location of sites

providing congregate meal service as

sites are established.

(c) Household distribution. (1)

Approval authority and duration.

Distributing agencies shall submit

applications for the distribution of

donated foods to households to the

appropriate FCSRO for submission to

FCS for 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. Disaster

organizations shall submit applications

for the receipt and distribution of

donated foods to households to the

distributing agency. Applications shall,

to the extent possible, include the

following information:

(i) Description of disaster or

emergency situation;

(ii) Identification of the specific

area(s) included in the request;

(iii) Number of households affected;

(iv) Explanation as to why the

distribution of commodities to

households is warranted;

(v) Anticipated distribution period;

(vi) Method of distribution available;

(vii) Quantity and types of food

needed for distribution;

(viii) Statement of assurance that

simultaneous food stamp and

commodity assistance will not be

provided to individual households; and

(ix) Description of the system that will

be implemented to prevent dual

participation.

Information on the number and

location of sites where commodities are

to be distributed shall be provided as

sites are established.

(3) Collection of household

information. In instances in which the

Food Stamp Program is in operation,

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 food stamp

assistance.

(d) Quantities and value of donated

foods. The distributing agency shall

make donated foods available to eligible

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 Robert T. Stafford

Disaster Relief and Emergency

Assistance Act (42 U.S.C. 5181–82).

(f) Summary report. Within 30 days

following termination of the disaster

assistance, the distributing agency shall

provide a summary report to the

appropriate FCSRO using Form FNS–
63006 Federal Register / Vol. 60, No. 236 / Friday, December 8, 1995 / Proposed Rules

292, Report of Coupon Issuance and

Commodity Distribution for Disaster

Relief.

(g) Replacement. The distributing

agency shall request, in writing to the

FCSRO, the replacement of foods used

for disaster assistance within 30 days

following termination of the assistance.

FCS will replace donated foods used

from State and/or local inventories for

disaster assistance 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 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 Section 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

distribution period initially approved

up 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.

Applications 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 Section 250.3

shall be forwarded by the distributing

agency to the appropriate FCSRO for

submission to FCS for 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

shall submit applications for the receipt

and distribution of donated foods for

use in providing congregate meal

service to the distributing agency.

Applications shall, to the extent

possible, include the following

information:

(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 as sites are

established.

(c) Household distribution. (1)

Approval authority and duration.

Applications for the donation of foods

for distribution to households shall be

forwarded by the distributing agency 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. Organizations shall

submit applications for the receipt and

distribution of donated foods to

households to the distributing agency.

The distributing agency shall review

and submit applications to the

appropriate FCSRO. Applications shall,

to the extent possible, include the

following information:

(i) Description of the situation of

distress;

(ii) Explanation as to why the

distribution of commodities to

households is warranted;

(iii) Identification of the specific

area(s) included in the request;

(iv) Anticipated distribution period;

(v) Number of households expected to

participate;

(vi) Quantity and types of food

needed for distribution;

(vii) Statement of assurance that

simultaneous food stamp and

commodity assistance will not be

provided to individual households; and

(viii) Description of the system that

will be implemented to prevent dual

participation.

In addition, information on the

number and location of sites shall be

provided as 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 Food Stamp Program is in

operation 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 food stamp

assistance.

(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 30 days

following termination of the assistance,

the distributing agency shall provide a

summary report to the appropriate

FCSRO using Form FNS–292, Report of

Coupon Issuance and Commodity

Distribution for Disaster Relief.

(g) Replacement. The distributing

agency shall request, in writing to the

FCSRO, the replacement of foods used

for a situation of distress within 30 days

following termination of the assistance.

FCS will replace donated foods used

from State and/or local inventories for

situations of distress to the extent that

foods are available.

Dated: November 28, 1995.

William E. Ludwig,

Administrator.

[FR Doc. 95–29923 Filed 12–7–95; 8:45 am]

BILLING CODE 3410–30–U