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

18781

Vol. 60, No. 71

Thursday, April 13, 1995

DEPARTMENT OF AGRICULTURE

Food and Consumer Service

7 CFR Part 250

RIN 0584–AB99

Waiver Authority Under the State

Processing Program

AGENCY: Food and Consumer Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This rule proposes to amend

the Food Distribution Program

regulations by giving the Food and

Consumer Service authority to waive

provisions contained in the Food

Distribution Program regulations at 7

CFR part 250. This authority would be

used to conduct, in one or more areas

of the United States, demonstration

projects designed to test program

changes to determine whether the

changes would improve the State

processing of donated foods.

DATES: To be assured of consideration,

comments must be postmarked on or

before May 15, 1995.

ADDRESSES: Comments should be sent to

Phil Cohen, Chief, Policy and Program

Development Branch, Food Distribution

Division, Food and Consumer Service,

U.S. Department of Agriculture, 3101

Park Center Drive, Room 502,

Alexandria, Virginia 22302. Comments

in response to this rule may be

inspected at 3101 Park Center Drive,

room 506, Alexandria, Virginia, during

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

p.m.), Mondays through Fridays.

FOR FURTHER INFORMATION CONTACT:

David Seger, Policy and Program

Development Branch, Food Distribution

Division, Food and Consumer Service,

U.S. Department of Agriculture, 3101

Park Center Drive, Room 502,

Alexandria, Virginia 22302; or

telephone (703) 305–2660.

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

(OMB).

Paperwork Reduction Act

This proposed rule reflects no new

information collection requirements

under the Paperwork Reduction Act of

1980 (44 U.S.C. 3501–3502). The OMB

control number assigned to the existing

recordkeeping and reporting

requirements was approved by OMB for

Part 250 under control number 0584–

0007. The current burden hours will not

change as a result of this proposed rule.

Executive Order 12372

This program is listed in the Catalog

of Federal Domestic Assistance under

10.550 and is subject to the provisions

of Executive Order 12372 which

requires intergovernmental consultation

with State and local officials (7 CFR part

3015, Subpart V and final rule-related

notices published at 48 FR 29114, June

24, 1983 and 49 FR 22676, May 31,

1984).

Executive Order 12778

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This proposed 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 proposed rule is

not intended to have retroactive effect

unless so specified in the EFFECTIVE

DATE section of this preamble. Prior to

any judicial challenge to the provisions

of this rule or the application of its

provisions, all applicable administrative

procedures must be exhausted. This

includes any administrative procedures

provided by State or local governments.

For disputes involving procurement by

distributing and recipient agencies, this

includes any administrative appeal

procedures to the extent required by 7

CFR Parts 3015 or 3016.

Regulatory Flexibility Act

This proposed rule 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 proposed rule will not

have a significant economic impact on

a substantial number of small entities.

The cost of compliance to State

processors of donated foods is expected

to be reduced by the changes proposed

in this rule.

Background

Section 250.30 of the current Food

Distribution Program regulations sets

forth the terms and conditions under

which distributing agencies,

subdistributing agencies, and recipient

agencies may enter into contracts with

commercial firms for processing

donated foods and prescribes the

minimum requirements to be included

in such contracts.

Discussion of Proposed Rule

The State processing regulations

contain provisions specifically intended

to ensure that processors account for all

donated foods in the manufacture of end

products and pass on the full value of

the donated food as savings to eligible

recipient agencies. In the late 1970’s and

the early 1980’s, audits conducted by

the Department of Agriculture’s Office

of Inspector General disclosed

significant abuses in the processing

program. As a result of these audits,

certain requirements were incorporated

to ensure that processors properly

account for the donated food, such as

the certified public accountant audit

report requirement at §§ 250.18(b) and

250.30(c)(4)(xi), the requirement for

Agricultural Marketing Service (AMS)

acceptance service grading of meat and

poultry products at § 250.30(g) and (h),

and the performance supply and surety

bond requirement at

§ 250.30(c)(4)(viii)(B).

In recent years, it has been pointed

out that some of the provisions

contained in the State processing

regulations are overly restrictive. As a

result of the restrictions, some

commercial processors have opted to no

longer participate in the program. The

Food and Consumer Service (FCS) is

aware that new companies are not

willing to enter into agreements with

the distributing agencies, thus eroding

competition. Processors have also

commented that compliance with some

of the provisions in the regulations has

increased their cost of producing end

products. These increased costs are in
18782 Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Proposed Rules

turn being passed on to the recipient

agencies.

In addition, FCS’ review of the

certified public accountant audit reports

submitted by multi-State processors

participating in the processing program

has disclosed that the majority of

processors participating in the program

are operating in compliance with the

regulations and their processing

agreements. Also, representatives from

AMS have indicated that processors are

properly accounting for meat and

poultry.

FCS is interested in attracting more

companies to participate in the

processing program in order to increase

competition. Increased competition

should lower costs, improve quality,

and provide a greater variety of end

products for recipient agencies.

Reducing unnecessarily burdensome

requirements should further reduce the

cost to recipient agencies. FCS has

identified certain provisions in the

regulations that could be modified or

eliminated. The Department is

interested in conducting demonstration

projects in these areas to determine if

changing the rules will result in

increased competition and lower costs

in the program. In order to conduct such

projects, it will be necessary for FCS to

waive certain requirements contained in

the regulations.

This rule proposes to permit FCS to

waive any of the requirements of the

Food Distribution Program regulations

at Part 250 for the purposes of

conducting demonstration projects to

test program changes designed to

improve the State processing of donated

foods.

List of Subjects in 7 CFR Part 250

Agricultural commodities, Food

assistance programs, Food processing.

For reasons set forth in the preamble,

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,

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

1446a–1, 1859; 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 § 250.30, a new paragraph (t) is

added to read as follows:

§ 250.30 State processing of donated

foods.

* * * * *

(t) Waiver authority. The Food and

Consumer Service may waive any of the

requirements contained in this part for

the purpose of conducting

demonstration projects to test program

changes designed to improve the State

processing of donated foods.

Dated: April 6, 1995.

William E. Ludwig,

Administrator.

[FR Doc. 95–9085 Filed 4–12–95; 8:45 am]

BILLING CODE 3410–30–P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

10 CFR Part 430

[Docket No. EE–RM–94–403]

RIN 1904–AA67

Energy Conservation Program for

Consumer Products: Energy

Conservation Standards for Three

Cleaning Products

AGENCY: Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

ACTION: Advance notice of proposed

rulemaking; extending comment period

for dishwashers.

SUMMARY: Today’s notice is to extend

the comment period for dishwashers for

persons to comment on the

Department’s Advance Notice of

Proposed Rulemaking concerning

energy conservation standards for three

cleaning products.

DATES: Written comments in response to

this document must be received by

September 30, 1995.

ADDRESSES: Written comments are to be

submitted to: U.S. Department of

Energy, Office of Energy Efficiency and

Renewable Energy, ‘‘Energy Efficiency

Standards for Consumer Products,’’

(Docket No. EE–RM–94–403), Room 1J–

018, Forrestal Building, 1000

Independence Avenue SW.,

Washington, DC 20585, (202) 586–7574.

Copies of the public comments

received may be read at the

Department’s Freedom of Information

Reading Room, U.S. Department of

Energy, Forrestal Building, Room 1E–

190, 1000 Independence Avenue, SW.,

Washington, DC 20585, (202) 586–6020

between the hours of 9:00 a.m. and 4:00

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Anthony T. Balducci, U.S. Department

of Energy, Office of Energy Efficiency

and Renewable Energy, Forrestal

Building, Mail Station EE–431, 1000

Independence Avenue, SW.,

Washington, DC 20585, (202) 586–

8459

Eugene Margolis, Esq., U.S. Department

of Energy, Office of General Counsel,

Forrestal Building, Mail Station GC–

72, 1000 Independence Avenue SW.,

Washington, DC 20585, (202) 586–

9507.

SUPPLEMENTARY INFORMATION: The

Department published an Advance

Notice of Proposed Rulemaking for

Energy Conservation Standards for

Three Cleaning Products. (59 FR 56423,

November 14, 1994). The Department

published a notice extending the

comment period for dishwashers until

April 17, 1995. (60 FR 5880, January 31,

1995).

In its letter of March 24, 1995, to the

Department, the Association of Home

Appliance Manufacturers (AHAM), on

behalf of its members, and the American

Council for Energy Efficient Economy,

the Natural Resources Defense Council,

California Energy Commission, Pacific

Gas and Electric, Seattle Water

Department and American Water Works

Association, and Southern California

Edison, requested an extension of the

deadline for written comments for

dishwashers from April 17, 1995, to

September 30, 1995. AHAM stated it

and other interested persons need

additional time for further data

collection and analysis to respond

adequately to the issues raised in the

advance notice.

In addition, the above parties are

engaged in discussions to develop a

joint recommendation to the

Department regarding standard levels

for dishwashers. AHAM and the other

organizations need the additional time

to collect engineering, energy, and cost

data. These data will be used in

developing dishwasher standard levels

to be recommended to the Department

for adoption as part of this rulemaking.

The substance and possible results of

these discussions may significantly

affect the nature of the comments on the

advance notice. The extension of time

for the comment period should not

impair or slow the Department’s ability

to promulgate standards.

The Department encourages these

discussions between AHAM, its

members and non-industry persons.

Based on these representations, the

Department is extending the written

comment period to September 30, 1995.