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

25549

Vol. 61, No. 100

Wednesday, May 22, 1996

1May include the following: Honey; molasses,

except for stockfeed; nuts and nut products, except

oil; sugar (cane, beet, and maple); sirups (blended),

sirups, except from grain; tea, cocoa, coffee, spices,

condiments.

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 52

[FV–96–326]

Processed Fruits and Vegetables,

Processed Products Thereof, and

Certain Other Processed Food

Products Regulations Governing

Inspection and Certification

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This final rule revises the

Regulations Governing Inspection and

Certification of Processed Fruits and

Vegetables and Certain Other Products 1

by increasing the lot inspection and less

than year round fees charged for the

inspection of processed fruits and

vegetables and certain other products.

These revisions are necessary in order to

recover, as nearly as practicable, the

costs of performing inspection services

under the Agricultural Marketing Act of

1946.

EFFECTIVE DATE: October 6, 1996.

FOR FURTHER INFORMATION CONTACT: Mr.

James R. Rodeheaver, Branch Chief,

Processed Products Branch, Fruit and

Vegetable Division, Agricultural

Marketing Service, U.S. Department of

Agriculture, P.O. Box 96456, Room 0709

South Building, Washington, D.C.

20090–6456, Telephone (202) 720–4693.

SUPPLEMENTARY INFORMATION: This 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.

This final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This action is not

intended to have retroactive effect. This

rule would not preempt any State or

local laws, regulations, or policies,

unless they present an irreconcilable

conflict with this rule. There are no

administrative procedures which must

be exhausted prior to any judicial

challenge to the provisions of this rule.

The Agricultural Marketing Service

(AMS), has certified that this action will

not have a significant economic impact

on a substantial number of small

entities, as defined in the Regulatory

Flexibility Act. The final rule reflects

certain fee increases needed to recover

the costs of services rendered in

accordance with the Agricultural

Marketing Act (AMA) of 1946. The

inspection, grading and certification

program for processed fruits and

vegetables and related products is

voluntary.

The AMA authorizes voluntary

official inspection, grading, and

certification on a user-fee basis, of

processed food products including

processed fruits, vegetables, and

processed products made from them.

The AMA provides that reasonable fees

be collected from the user of the

program services to cover as nearly as

practicable the costs of services

rendered. This final rule amends the

schedule of fees and charges for lot

inspection and less than year round

inspection services rendered to the

processed fruit and vegetable industry

to reflect the costs currently associated

with the program.

AMS regularly reviews these

programs to determine if fees are

adequate. Employee salary and benefits

are major program costs that account for

approximately 85 percent of the total

operating budget. A general and locality

salary increase for Federal employees,

ranging from 3.09 to 6.25 percent

depending on locality, effective January

1995, has materially affected program

costs. Another general and locality

salary increase, ranging from 2.39 to

2.87 percent depending upon locality

(amounting to approximately $625,000),

was effective January 1996; further

standardization program costs,

previously funded by appropriated

funds, must be paid for by user fees.

While a concerted effort to cut costs

resulted in overhead savings of

$623,926 in FY95 over FY94, the last fee

increase in August 1994 did not result

in collection of enough revenue to cover

all these increases and still maintain an

adequate reserve balance (four months

of costs) called for by Agency policy and

prudent financial management.

Currently the Processed Products

Branch (PPB) trust fund reserve balance

for all programs is approximately $1.480

mil. under the desirable level of

$11.031. Further action is necessary to

meet rising costs and maintain adequate

reserve balances. This action will assist

in moving the PPB trust fund toward a

more adequate level and will result in

an estimated $368,000 in additional

revenues. Projected FY96 revenues for

the lot inspection and less than year

round inspection programs are $8.291

mil. with costs projected at $8.194 and

a reserve of $2.682.

A notice of proposed rulemaking was

published in the Federal Register (61

FR 9654) on March 11, 1996 with a

thirty day comment period. The

comment period closed on April 11,

1996. Interested persons were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the

Agricultural Marketing Service. No

comments were received regarding this

proposed rule.

After consideration of all relevant

matter presented, this action makes final

the changes as proposed on March 11,

1996. The changes are made effective

October 6, 1996 to coincide with the

beginning of the first accounting period

in the 1997 fiscal year.

List of Subjects in 7 CFR Part 52

Food grades and standards, Food

labeling, Frozen foods, Fruit juices,

Fruits, Reporting and record keeping

requirements, and Vegetables.

For the reasons set forth in the

preamble, 7 CFR Part 52 is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for 7 CFR

Part 52 continues to read as follows:

Authority: 7 U.S.C. 1621–1627.

§ 52.42 [Amended]

2. In § 52.42, the figure ‘‘$39.50’’ is

revised to read ‘‘$41.00’’.
25550 Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Rules and Regulations

§ 52.50 [Amended]

3. In § 52.50, the figure ‘‘$39.50’’ is

revised to read ‘‘$41.00’’.

§ 52.51 [Amended]

4. In § 52.51, paragraph (c)(2) is

amended by removing the figure

‘‘$39.50’’ and adding in its place

‘‘$42.00’’ and paragraph (d)(1)is

amended by removing the figure

‘‘$39.50’’ and adding in its place

‘‘$42.00’’.

Dated: May 16, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–12835 Filed 5–21–96; 8:45 am]

BILLING CODE 3410–02–P

Food and Consumer Service

7 CFR Parts 225 and 226

RIN 0584–AB17

Determination of Eligibility for Free

Meals by Summer Food Service

Program Sponsors and Free and

Reduced Price Meals by Child and

Adult Care Food Program Institutions

AGENCY: Food and Consumer Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule amends the

regulations governing the collection of

social security numbers and household

income information on the application

for free meals under the Summer Food

Service Program (SFSP) for Children,

and for free and reduced price meals

under the Child and Adult Care Food

Program (CACFP). The rule removes the

requirement that households provide

the social security numbers of all adult

members of the household and requires

the household to provide only the social

security number of the adult household

member who signs the application.

Finally, when reporting household

income, the household will no longer be

required to indicate how often

individual income amounts are

received, or to calculate its total current

income. All of the above provisions are

intended to reduce paperwork and

facilitate eligibility determinations for

free and reduced price meals by

simplifying the application

requirements for both households and

approving officials, while maintaining

program integrity.

EFFECTIVE DATE: June 21, 1996.

FOR FURTHER INFORMATION CONTACT:

Robert M. Eadie or Edward Morawetz,

Policy and Program Development

Branch, Child Nutrition Division, Food

and Consumer Service, Department of

Agriculture, 3101 Park Center Drive,

Room 1007, Alexandria, Virginia 22302

or telephone 703–305–2620.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This 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 rule has also 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 has

certified that this rule will not have a

significant economic impact on a

substantial number of small entities.

The effect of the provisions of this rule

will be to reduce paperwork and

facilitate eligibility determinations for

free and reduced price meals by

simplifying the application

requirements for both households and

approving officials, while maintaining

program integrity.

Executive Order 12372

The CACFP and SFSP are listed in the

Catalog of Federal Domestic Assistance

under No. 10.558 and 10.559,

respectively, 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 notice published

at 48 FR 29114, June 24, 1983).

Information Collection

In accordance with the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520), the reporting and recordkeeping

changes included in this rule have been

approved by the Office of Management

and Budget (OMB) under control

numbers 0584–0055 and 0584–0280.

Executive Order 12778

This 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 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. In the SFSP, the

administrative procedures are set forth

under the following regulations: (1)

Program sponsors and food service

management companies must follow

State agency hearing procedures issued

pursuant to 7 CFR § 225.13; and (2)

Disputes involving procurement by

State agencies and sponsors must follow

administrative appeal procedures to the

extent required by 7 CFR § 225.17 and

7 CFR Part 3015. In the CACFP, the

administrative procedures are set forth

under the following regulations: (1)

Institution appeal procedures in 7 CFR

§ 226.6(k); and (2) Disputes involving

procurement by State agencies and

institutions must follow administrative

appeal procedures to the extent required

by 7 CFR § 226.22 and 7 CFR Part 3015.

This rule codifies the amendments set

forth under sections 202(b)(2)(A) and

(b)(2)(B)(i) of the Child Nutrition and

WIC Reauthorization Act of 1989 (Pub.

L. 101–147) regarding the collection of

social security numbers and total

income calculations for programs under

the National School Lunch Act (42

U.S.C. 1751 et seq.) and the Child

Nutrition Act of 1966 (42 U.S.C. 1771 et

seq.). Section 202(c) of Pub. L. 101–147

required that final regulations be issued

incorporating these amendments by July

1, 1990. However, we were unable to

issue regulations on the collection of

social security numbers and total

income calculation amendments before

the statutory deadline. The provisions

were implemented by a policy

memorandum issued on May 18, 1990.

This rule is being issued as a final

rule, rather than a proposed rule,

because of the mandated

implementation date. Further, this rule

is being issued as a final rule because of

the need to formally implement these

changes to the application procedures.

Although a policy memorandum has

already been distributed to give State

agencies guidance, the SFSP and CACFP

regulations must be amended to codify

the changes mandated by sections

202(b)(2)(A) and 202(b)(2)(B)(i) of Pub.

L. 101–147. Final regulations have

already been promulgated incorporating

these changes for the National School

Lunch, School Breakfast and Special

Milk Programs (56 FR 33857, July 24,

1991). For consistency and simplicity, it

is important that the SFSP and CACFP

regulations be amended to conform with

the National School Lunch, School

Breakfast, and Special Milk Program

regulations. Finally, the changes to the

application being made by this

rulemaking will simplify the application

procedures for households. For these

reasons, the Administrator of the Food

and Consumer Service has determined,

in accordance with 5 U.S.C.

553(b)(3)(B), that it is impracticable and