This section of the FEDERAL REGISTER

contains regulatory documents having general

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are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

73191 

Vol. 79, No. 237 

Wednesday, December 10, 2014 

DEPARTMENT OF AGRICULTURE 

7 CFR Part 15c 

RIN 0503–AA57 

Nondiscrimination on the Basis of Age 

in Programs or Activities Receiving 

Federal Financial Assistance From the 

U.S. Department of Agriculture 

AGENCY: U.S. Department of Agriculture. 

ACTION: Direct final rule. 

SUMMARY: The U.S. Department of 

Agriculture (USDA) seeks to issue a 

Department-wide regulation to 

implement the Age Discrimination Act 

of 1975, as amended (‘‘Age Act’’), and 

the Government-wide Age 

Discrimination regulation promulgated 

by the U.S. Department of Health and 

Human Services (HHS). The Age Act 

and HHS regulations prohibit age 

discrimination in programs and 

activities receiving Federal financial 

assistance. The Direct final regulation 

intends to ensure compliance with the 

Age Act and HHS regulations and 

provide guidance to USDA agencies, 

employees, recipients, and beneficiaries 

on Age Act requirements. 

DATES: This rule is effective January 9, 

2015 unless the Agency receives written 

adverse comments on or before January 

9, 2015. If we receive adverse comments 

or notices, the Office of the Assistant 

Secretary for Civil Rights (OASCR) will 

publish a timely document in the 

Federal Register withdrawing the rule. 

Comments received will be considered 

under the proposed rule published in 

this edition of the Federal Register in 

the proposed rule section. A second 

public comment period will not be held. 

Written comments must be received by 

the Agency or carry a postmark or 

equivalent no later than January 9, 2015. 

ADDRESSES: Submit adverse comments 

to Anna G. Stroman, Chief, Policy 

Division, by mail at Office of the 

Assistant Secretary for Civil Rights, 

1400 Independence Avenue SW., 

Washington, DC 20250. You can also 

submit adverse comments at http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Anna G. Stroman at (202) 205–5953 or 

at anna.stroman@ascr.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Age Act, 42 U.S.C. Sections 

6101–6107, et seq., prohibits 

discrimination on the basis of age in 

programs or activities receiving Federal 

financial assistance. The Age Act, which 

applies to persons of all ages, also 

contains certain exceptions that permit, 

under limited circumstances, use of age 

distinctions or factors other than age 

that may have a disproportionate effect 

on the basis of age. 

The Age Act requires the head of each 

Federal department or agency that 

extends Federal financial assistance to 

any program or activity by way of grant, 

entitlement, loan, or contract other than 

a contract of insurance or guaranty, to 

publish agency-specific regulations 

setting standards regarding the Age Act 

to be followed by the agency’s 

employees, recipients, and beneficiaries. 

This Direct final rule establishes 

policy and provides guidance to USDA 

agencies, employees, recipients, and 

beneficiaries to ensure compliance with 

the Age Act and the requirements set by 

HHS in the Government-wide regulation 

at 45 CFR part 90. This regulation 

applies to each USDA recipient and to 

each program and activity receiving 

Federal financial assistance in whole or 

in part from USDA, its agencies and 

instrumentalities. The final rule does 

not apply to: 

a. Conducted programs which is 

direct assistance, in which Federal 

funds flow directly and unconditionally 

from USDA to individual beneficiaries; 

b. Age distinctions established under 

authority of any Federal, State, or local 

statute or ordinance adopted by an 

elected, general purpose legislative body 

which: 

(1) Provides any benefits or assistance 

to persons based on age; or 

(2) Establishes criteria for 

participation in age-related terms; or 

(3) Describes intended beneficiaries or 

target groups in age-related terms; 

c. Discrimination on the basis of age 

in employment, which is covered by the 

Age Discrimination in Employment Act 

of 1967, as amended, which is 

administered by the United States Equal 

Employment Opportunity Commission; 

and 

d. Discrimination on the basis of age 

in programs or activities conducted by 

USDA, which is covered by 7 CFR part 

15d ‘‘Nondiscrimination in Programs or 

Activities Conducted by the United 

States Department of Agriculture.’’ 

Executive Orders 12866 and 13563 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review,’’ direct agencies 

to assess all costs and benefits of 

available regulatory alternatives, and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health, 

and safety effects; distributive impacts; 

and equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and promoting flexibility. 

The Office of Management and Budget 

(OMB) designated this rule as not 

significant under Executive Order 

12866, and, therefore, OMB was not 

required to review this direct final rule. 

Regulatory Flexibility Act 

OASCR has determined that, under 

section 605(b) of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601, et 

seq., as amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996), the final rule will not have a 

significant economic impact on a 

substantial number of small entities. In 

making this determination, OASCR used 

the definition of small entity set forth in 

the RFA: (1) A small business, as 

defined by the Small Business 

Administration in 13 CFR part 121.201; 

(2) a small governmental jurisdiction, 

which is a government of a city, county, 

town, school district or special district 

with a population of less than 50,000; 

and (3) a small organization, which is 

any non-profit enterprise that is 

independently owned and operated and 

is not dominant in its field. 

Executive Order 12988 

This direct final rule has been 

reviewed in accordance with Executive 

Order 12988, ‘‘Civil Justice Reform.’’ 

This direct final rule would not preempt 

State and or local laws, and rules, or 


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73192 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Rules and Regulations 

policies unless they present an 

irreconcilable conflict with this rule. 

Before any judicial action may be 

brought regarding the provisions of this 

rule, the administrative appeal 

provisions of 7 CFR parts 11 and 780 

must be exhausted. 

Executive Order 13175 

This direct final rule has been 

reviewed for compliance with Executive 

Order 13175, ‘‘Consultation and 

Coordination with Indian Tribal 

Governments.’’ The review reveals that 

this direct final rule will not have 

substantial and direct effects on Tribal 

Governments and will not have 

significant Tribal implications. OASCR 

provided a copy of the direct final rule 

to the USDA Office of Tribal Relations, 

who has indicated that the direct final 

rule will not impact or have direct 

effects on Tribal Governments and will 

not have significant Tribal implications. 

OASCR continues to consult with the 

USDA Office of Tribal Relations to have 

meaningful collaboration on the 

development and strengthening of 

departmental regulations. 

Unfunded Mandates Reform Act of 

1995 

The Unfunded Mandates Reform Act 

of 1995 (UMRA), Pub. L. 104–4 (2 U.S.C. 

1501 et seq.), does not apply to the rule 

because it does not apply to regulatory 

actions that establish or enforce 

statutory rights that prohibit 

discrimination on the basis of race, 

color, religion, sex, national origin, age, 

handicap or disability. Further, the rule 

contains no ‘‘Federal mandate’’ under 

Title II of UMRA because UMRA 

excludes from the definitions of 

‘‘Federal intergovernmental mandate’’ 

and ‘‘Federal private sector mandate’’ 

duties that arise from conditions of 

Federal assistance and duties that arise 

from participation in a voluntary 

Federal program. Congress mandated in 

the Age Act the establishment of these 

agency-specific regulations to enforce 

the prohibition of discrimination on the 

basis of age in programs or activities 

receiving Federal financial assistance. 

These regulations do not apply to any 

program or activity unless it applies for 

and receives financial assistance from 

USDA. Application for, and receipt of, 

USDA assistance is entirely voluntary. 

In addition, USDA has determined that 

the rule will not significantly or 

uniquely affect state, local, and tribal 

governments. These regulations apply 

uniformly to all organizational 

recipients of USDA financial assistance. 

Paperwork Reduction Act of 1995 

USDA has determined that the 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501 et seq., does not apply 

because the rule does not impose any 

new information collection 

requirements that require OMB 

approval. Section 3518(c)(1)(B) of the 

PRA exempts from OMB approval, 

collections of information ‘‘during the 

conduct of . . . (ii) an administrative 

action or investigation involving an 

agency against specific individuals or 

entities.’’ These regulations provide 

USDA with discretionary authority to 

require information from recipients as 

part of an investigation, thereby 

eliminating any PRA concerns, because 

it is discretionary and tied to USDA’s 

authority to investigate. Further, the 

rule provides that individuals ‘‘may 

file’’ complaints and requires that 

recipients provide notice to subrecipients of their obligations under the 

Age Act and the regulations, neither of 

which involve a ‘‘collection of 

information’’ under the PRA. 

E-Government Act Compliance 

OASCR is committed to complying 

with the E-Government Act, which 

requires Government agencies in general 

to provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible. 

List of Subjects in 7 CFR Part 15c 

For the reasons set forth in the 

preamble, USDA adds 7 CFR part 15c to 

read as follows: 

PART 15cl NONDISCRIMINATION 

ON THE BASIS OF AGE IN PROGRAMS 

OR ACTIVITIES RECEIVING FEDERAL 

FINANCIAL ASSISTANCE FROM THE 

UNITED STATES DEPARTMENT OF 

AGRICULTURE 

Sec. 

15c.1 Purpose. 

15c.2 Definitions. 

15c.3 Discrimination prohibited. 

15c.4 Assurance and notice requirements. 

15c.5 Information requirements. 

15c.6 Compliance. 

15c.7 Complaints. 

15c.8 Prohibition against intimidation and 

retaliation. 

15c.9 Enforcement. 

15c.10 Exhaustion of administrative 

remedies. 

Appendix A to 7 CFR part 15c—Age 

Distinctions in Federal Statutes or 

Regulations Affecting Financial 

Assistance Administered by the United 

States Department of Agriculture 

Authority: 5 U.S.C. 301; 42 U.S.C. 6101 et 

seq. 

§ 15c.1 Purpose. 

The purpose of this part is to establish 

the nondiscrimination policy of the 

USDA on the basis of age in programs 

and activities funded in whole or in part 

by USDA, in compliance with the Age 

Discrimination Act of 1975, as amended 

(Age Act), and the requirements set by 

the HHS in its Government-wide 

regulation at 45 CFR part 90. 

§ 15c.2 Definitions. 

Action means any act, activity, policy, 

rule, standard, or method of 

administration or use of any policy, 

rule, standard or method of 

administration. 

Age Act means The Age 

Discrimination Act of 1975, as 

amended, 42 U.S.C. 6101 et seq. 

Age means the number of elapsed 

years from the date of a person’s birth. 

Age distinction means any action 

using age or an age-related term. 

Age-related term means a word or 

words that necessarily imply a 

particular age or range of ages (e.g. 

‘‘children,’’ ‘‘adult,’’ or ‘‘older person’’). 

Agency means a major organizational 

unit of USDA with delegated authorities 

to deliver programs, activities, benefits, 

and services. 

Agency Head means the head of any 

agency within USDA which may hold 

the title Administrator, Chief, or 

Director depending on the agency. 

Assistant Secretary for Civil Rights 

(ASCR) means the civil rights officer for 

USDA responsible for the performance 

and oversight of all civil rights functions 

within USDA, and who retains the 

authority to delegate civil rights 

functions to heads of USDA agencies 

and offices. The ASCR is also 

responsible for evaluating agency heads 

on their performance of civil rights 

functions. 

Beneficiary means a person or group 

of persons with an entitlement to 

receive or enjoy the benefits, services, 

resources, and information from, or to 

participate in, the activities and 

programs funded in whole or in part by 

USDA. 

Complainant means any person or 

group of persons who files with any 

USDA agency a complaint that alleges 

discrimination in a program or activity 

funded in whole or in part by USDA. 

Complaint means a written statement 

that contains the complainant’s name 

and address and describes the alleged 

discriminatory action in sufficient detail 

to inform the Office of the Assistant 

Secretary for Civil Rights (OASCR) of 

the nature and date of the alleged civil 

rights violation. The statement must be 

signed by the complainant(s) or 

someone authorized to sign on behalf of 


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the complainant(s). The complaint need 

not be written or signed if submitted in 

an alternate format to accommodate the 

complaint filing needs of a person who 

has Limited English Proficiency, a 

disability, or other special need. The 

complaint must be based on one or more 

prohibited bases. 

Compliance Review means a 

systematically planned and regularly 

initiated investigation that assesses and 

evaluates the civil rights and equal 

opportunity policies, procedures and 

practices of a USDA agency or 

instrumentality to determine 

compliance with civil rights statutes, 

regulations, standards, and policies. 

Department (used interchangeably 

with USDA) means the Department of 

Agriculture, and includes each of its 

operating agencies and other 

organizational units. 

Discrimination means unlawful 

treatment or denial of benefits, services, 

terms, conditions, rights, or privileges to 

a person or persons based on a protected 

basis, including age. 

(1) Federal Financial Assistance 

includes: 

(i) Grants and loans of Federal funds; 

(ii) The grant or donation of Federal 

property and interests in property; 

(iii) The detail of Federal personnel; 

(iv) The sale and lease of, and the 

permission to use (on other than a 

casual or transient basis), Federal 

property, or any interest in such 

property, or the furnishing of services 

without consideration or at a nominal 

consideration, or at a consideration 

which is reduced for the purpose of 

assisting the recipient, or in recognition 

of the public interest to be served by 

such sale, lease or furnishing of services 

to the recipient; and 

(v) Any Federal agreement, 

arrangement, or other contract which 

has as one of its purposes the provision 

of assistance. 

(2) Federal financial assistance does 

not include procurement contracts at 

market value, contracts of guarantee or 

insurance, regulated programs, licenses, 

or programs that provide direct benefits. 

The complaint must be based on one or 

more prohibited bases. 

HHS means The United States 

Department of Health and Human 

Services. 

Normal Operation means the 

operation of a program or activity 

without significant changes that would 

impair its ability to meet its objectives. 

Program or activity includes all of the 

operations of: 

(1) State and local governments. (i) A 

department, agency, special purpose 

district, or other instrumentality of a 

State or of a local government; or 

(ii) The entity of such State or local 

government that distributes Federal 

financial assistance and each such 

department or agency (and each other 

State or local government entity) to 

which the assistance is extended, in the 

case of assistance to a State or local 

government. 

(2) Educational institutions. (i) A 

college, university, or other 

postsecondary institution, or a public 

system of higher education; or 

(ii) A local educational agency (as 

defined in 20 U.S.C. 7801), system of 

vocational education, or other school 

system. 

(3) Private organizations. (i) An entire 

corporation, partnership, or other 

private organization, or an entire sole 

proprietorship— 

(A) If assistance is extended to such 

corporation, partnership, private 

organization, or sole proprietorship as a 

whole; or 

(B) Which is principally engaged in 

the business of providing education, 

health care, housing, social services, or 

parks and recreation. 

(ii) The entire plant or other 

comparable, geographically separate 

facility to which Federal financial 

assistance is extended, in the case of 

any other corporation, partnership, 

private organization, or sole 

proprietorship. 

(4) Other organizations receiving 

Federal financial assistance. Any other 

entity which is established by two or 

more of the entities described in 

paragraph (r)(1), (2), or (3) of this 

section; any part of which is extended 

Federal financial assistance. 

Recipient means any State, political 

subdivision of any State, or 

instrumentality of any State or political 

subdivision (to include the District of 

Columbia and any United States 

territories and possessions), any public 

or private entity, institution, 

organization or any of their 

instrumentalities, or any individual 

(provided the individual is not the 

ultimate beneficiary) in any State, to 

whom Federal financial assistance is 

extended, directly or through another 

recipient, for any program or activity, 

including any successor, assignee, or 

transferee thereof. 

Statutory Objective means any 

purpose of a program or activity 

expressly stated in any Federal statute, 

State statute, or local statute or 

ordinance adopted by an elected general 

purpose legislative body. 

§ 15c.3 Discrimination prohibited. 

(a) General. No person in the United 

States shall, on the basis of age, be 

excluded from participation in, be 

denied the benefits of, or be subjected 

to discrimination under any program or 

activity receiving Federal financial 

assistance. 

(b) Specific discriminatory actions 

prohibited. A recipient may not, in any 

program or activity receiving Federal 

financial assistance, directly or through 

contractual, licensing, or other 

arrangements use age distinctions or 

take any other actions which have the 

effect, on the basis of age, of: 

(1) Excluding individuals from, 

denying them the benefits of, or 

subjecting them to discrimination 

under, a program or activity receiving 

Federal financial assistance, or 

(2) Denying or limiting individuals in 

their opportunity to participate in any 

program or activity receiving Federal 

financial assistance. 

(c) Specific forms of age 

discrimination. The specific forms of 

age discrimination listed in paragraph 

(b) of this section do not necessarily 

constitute a complete list. 

(d) Exceptions to the rules against age 

discrimination. (1) A recipient is 

permitted to take an action, otherwise 

prohibited by this section, if the action 

reasonably takes into account age as a 

factor necessary to the normal operation 

or the achievement of any statutory 

objective of a program or activity. An 

action reasonably takes into account age 

as a factor necessary to the normal 

operation or the achievement of any 

statutory objective of a program or 

activity, if: 

(i) Age is used as a measure or 

approximation of one or more other 

characteristics; 

(ii) The other characteristic(s) must be 

measured or approximated in order for 

the normal operation of the program or 

activity to continue, or to achieve any 

statutory objective of the program or 

activity; 

(iii) The other characteristic(s) can be 

reasonably measured or approximated 

by the use of age; and 

(iv) The other characteristic(s) are 

impractical to measure directly on an 

individual basis. 

(2) A recipient is permitted to take an 

action otherwise prohibited by this 

section that is based on a factor other 

than age, even though that action may 

have a disproportionate effect on 

persons of different ages. An action may 

be based on a factor other than age only 

if the factor bears a direct and 

substantial relationship to the normal 

operation of the program or activity or 

to the achievement of a statutory 

objective. 

(3) If a recipient operating a program 

or activity provides special benefits to 

the elderly or to children, such use of 


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age distinctions shall be presumed to be 

necessary to the normal operation of the 

program or activity, notwithstanding the 

provisions of this subpart. 

(4) Any age distinctions contained in 

a rule or regulation issued by USDA 

shall be presumed to be necessary to the 

achievement of a statutory objective of 

the program or activity to which the rule 

or regulation applies, notwithstanding 

the provisions of this part. 

§ 15c.4 Compliance, assurance, and notice 

requirements. 

(a) USDA recipients have primary 

responsibility to ensure that their 

programs and activities are in 

compliance with the Age Act and this 

regulation and shall take steps to 

eliminate violations of the Age Act. 

Each recipient of Federal financial 

assistance from USDA shall sign a 

written assurance as specified by the 

Department that it shall comply with 

the Age Act and this regulation. Each 

recipient initially receiving funds from 

USDA that makes the funds available to 

a sub-recipient must notify the subrecipient of its obligations under the 

Age Act. 

(b) Each recipient shall make 

necessary information about the Age Act 

and this regulation available to its 

beneficiaries in order to inform them 

about the protections against 

discrimination provided by the Act and 

this regulation. 

§ 15c.5 Information requirements. 

Each recipient shall maintain records 

in a form and containing information 

which the agency determines may be 

necessary to ascertain whether the 

recipient is complying with the Age Act 

and this regulation. Each recipient shall 

provide the agency any information 

necessary to determine whether the 

recipient is in compliance with the Age 

Act and this rule. Each recipient shall 

also permit reasonable access to the 

agency of the books, records, accounts, 

and other facilities and sources of 

information to the extent necessary to 

determine whether a recipient is in 

compliance with the Age Act and this 

regulation. 

§ 15c.6 Compliance reviews. 

(a) USDA may conduct compliance 

reviews or use other similar procedures 

to review the activities of recipients to 

determine whether they are complying 

with the Age Act and this regulation 

and to investigate and address 

violations of the Age Act. USDA may 

conduct these reviews, at any time, even 

in the absence of a complaint against a 

recipient. The reviews may be as 

comprehensive as necessary to 

determine whether a violation of the 

Age Act or this regulation has occurred. 

(b) If a compliance review indicates a 

violation of the Age Act or this 

regulation, USDA shall attempt to 

achieve voluntary compliance with the 

Age Act. USDA shall monitor and 

evaluate a recipient’s efforts to remedy 

a violation to ensure compliance 

consistent with applicable civil rights 

requirements until compliance has been 

achieved. If voluntary compliance 

cannot be achieved, USDA shall 

undertake enforcement of the Age Act 

and this regulation. 

§ 15c.7 Complaints. 

(a) Filing of complaints. Any person 

who believes he/she or any specific 

class of individuals has been subject to 

discrimination by a recipient or believes 

that the recipient is otherwise in 

noncompliance with the provisions of 

the Age Act or this regulation may file 

a complaint with OASCR. The USDA 

Program Discrimination Complaint 

Form may be used to file a complaint. 

(b) Time and place of filing. All age 

discrimination complaints alleging 

discrimination or noncompliance must 

be filed within 180 days of the last 

discriminatory act, to be timely. All 

complaints under this part shall be filed 

with the Office of the Assistant 

Secretary for Civil Rights, U.S. 

Department of Agriculture, Washington, 

DC 20250. 

(c) Notice of rights and 

responsibilities. USDA shall provide 

notice to the complainant and the 

recipient of their: 

(1) Rights and obligations under 

complaint procedures including their 

right to have a representative at all 

stages of the complaint process; 

(2) Rights to contact the agency for 

information and assistance regarding the 

complaint resolution process; and 

(3) Obligation to participate actively 

in efforts toward speedy resolution of 

the complaint. 

(d) Mediation of complaints. All 

complaints that allege discrimination 

based on age shall be mediated in an 

attempt to resolve disputes at the 

earliest stage possible. The complainant 

and the recipient are required to 

participate in the mediation process. If 

the complainant and recipient reach a 

mutually satisfactory resolution of the 

complaint during the mediation period, 

they shall reduce the agreement to 

writing. 

(e) Investigation of complaints. If the 

parties are unable to reach a resolution, 

USDA shall investigate the complaint. 

During the investigation of the 

complaint, OASCR or an agency 

delegated complaint processing 

authority shall use informal fact finding 

methods, including joint or separate 

discussions with the complainant and 

recipient, to establish the facts and, if 

possible, settle the complaint on terms 

that are mutually agreeable to the 

parties. USDA may seek the assistance 

of any involved State agency. If informal 

resolution efforts are unsuccessful, 

OASCR shall complete the 

investigation. 

(f) Final determination. After a 

complete investigation, OASCR shall 

make a final determination as to the 

merits of the complaint. The 

complainant shall be notified of the 

final determination and provided notice 

of his or her right to file a civil action 

under the Age Act, 42 U.S.C. 6104(e), 

and 15c.10 of this part. 

(g) Voluntary compliance. If OASCR 

or an agency delegated complaint 

processing authority finds that age 

discrimination has occurred, USDA 

shall attempt to obtain voluntary 

compliance. The recipient shall take any 

remedial action which USDA may 

require to overcome the effects of 

discrimination. If USDA cannot obtain 

voluntary compliance, it shall undertake 

enforcement of the Age Act and this 

regulation. 

§ 15c.8 Prohibition against intimidation or 

retaliation. 

A recipient may not engage in acts of 

intimidation or retaliation against any 

person who: 

(a) Attempts to assert a right protected 

by the Age Act; or 

(b) Cooperates in any mediation, 

investigation, hearing, or other part of 

the agency’s investigation, conciliation, 

and enforcement process. 

§ 15c.9 Enforcement. 

(a) If USDA finds that a recipient has 

committed a violation of the Age Act 

and determines that voluntary 

compliance cannot be obtained, the 

Department shall enforce the 

requirements of the Age Act and this 

regulation through the termination of a 

recipient’s Federal financial assistance 

under the program or activity involved 

where the recipient has violated the Age 

Act or this regulation. The 

determination of the recipient’s 

violation may be made only after a 

recipient has had an opportunity for a 

hearing on the record before an 

administrative law judge. 

(1) Any termination under this 

paragraph (a) shall be limited to the 

particular recipient and particular 

program or activity receiving Federal 

financial assistance or portion thereof 

found to be in violation of the Age Act 

or this regulation. 


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(2) No action under this paragraph (a) 

may be taken until: 

(i) OASCR, or designee, has advised 

the recipient of its failure to comply 

with the Age Act and this regulation, 

and has determined that voluntary 

compliance cannot be obtained; and 

(ii) Thirty days have elapsed after the 

head of the agency involved has sent a 

written report of the circumstances and 

grounds of the action to the committees 

of the Congress having legislative 

jurisdiction over the program or activity 

involved. 

(3) An agency may defer granting new 

Federal financial assistance to a 

recipient when termination proceedings 

under this paragraph (a) are initiated. 

(b) When an agency withholds funds 

from a recipient under this regulation, 

the Agency Head may disburse the 

withheld funds directly to any public or 

non-profit private organization or 

agency, or State or political subdivision 

of the State. These alternate recipients 

must demonstrate the ability to comply 

with this regulation and to achieve the 

goals of the Federal statute authorizing 

the Federal financial assistance. 

(c) USDA may seek to achieve 

compliance with the Age Act and this 

regulation by any other means 

authorized by law. 

§ 15c.10 Exhaustion of administrative 

remedies. 

(a) A complainant may file a civil 

action, in a United States district court 

for the district in which the recipient is 

found or transacts business, following 

the exhaustion of administrative 

remedies under the Act. Administrative 

remedies are exhausted if: 

(1) 180 days have elapsed since the 

complainant filed the complaint and the 

agency has made no finding with regard 

to the complaint; or 

(2) The agency issues any finding in 

favor of the recipient. 

(b) Before commencing the action, the 

complainant shall give 30 days’ notice 

by registered mail to the Secretary of 

HHS, the Attorney General of the United 

States, the head of the granting USDA 

agency, and the recipient stating the 

alleged violation of the Age Act, the 

relief requested, the court in which the 

action will be brought, and whether or 

not attorney’s fees are demanded in the 

event the complainant prevails. 

(c) No action shall be brought if the 

same alleged violation of the Act by the 

same recipient is the subject of a 

pending action in any court of the 

United States. A complainant prevailing 

in a civil action has the right to be 

awarded the costs of the action, 

including reasonable attorney’s fees, but 

that these costs must be demanded in 

the complaint. 

Appendix A to 7 CFR Part 15c—Age 

Distinctions in Federal Statutes or 

Regulations Affecting Financial 

Assistance Administered by the United 

States Department of Agriculture 

Program Statute Section and age distinction Regulation 

Farm Service Agency 

Farm Loan Programs ... 7 U.S.C. 1941 Persons 

Eligible For Loans.

Section 761.2 defines ‘‘rural youth’’ as meaning a person who has 

reached the age of 10 but has not reached the age of 21 and resides in a rural area or any city or town with a population of 50,000 

or fewer people.

7 CFR part 761. 

Food and Nutrition Service 

Senior Farmer’s Market 

Nutrition Program.

7 U.S.C. 3007 Senior 

Farmers’ Market Nutrition Program.

Section 249.2 defines ‘‘senior’’ as meaning an individual 60 years of 

age or older, or as defined in § 249.6(a)(1).

Section 249.6(a)(1) establishes categorical eligibility for the Senior 

Farmers’ Market Nutrition Program. The categorical eligibility states 

that: ‘‘participants must be not less than 60 years of age, except 

that State agencies may exercise the option to deem Native Americans who are 55 years of age or older as categorically eligible for 

SFMNP benefits. State agencies may, at their discretion, also 

deem disabled individuals less than 60 years of age who are currently living in housing facilities occupied primarily by older individuals where congregate nutrition services are provided, as categorically eligible to receive SFMNP benefits’’.

7 CFR part 249. 

Special Supplemental 

Nutrition Program for 

Women, Infants, and 

Children.

42 U.S.C. 1786 ........... Section 246.2 defines ‘‘children’’ as meaning persons who have had 

their first birthday but have not yet attained their fifth birthday.

Section 246.2 defines ‘‘infants’’ as meaning persons under 1 year of 

age.

Section 246.10(e) establishes category and nutritional needs of the 

participant for each of the seven food packages available under the 

program. Food Packages I, II, and IV contain age distinctions. 

(e)(1) Food Package I—Infants birth through 5 months—(i) Participant category served. This food package is designed for issuance 

to infant participants from birth through age 5 months who do not 

have a condition qualifying them to receive Food Package III. (ii) 

Infant feeding categories—(A) Birth to one month. Three infant 

feeding options are available during the first month after birth(B) 

. . . One through 5 months. Three infant feeding options are available from 1 month through 5 months . . . (2) Food Package II—Infants 6 through 11 months—(i) Participant category served. This 

food package is designed for issuance to infant participants from 6 

through 11 months of age . . . (4) Food Package IV—Children 1 

through 4 years—(i) Participant category served. This food package is designed for issuance to participants 1 through 4 years of 

age.

7 CFR part 246. 


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73196 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Rules and Regulations 

Program Statute Section and age distinction Regulation 

Commodity Supplemental Food Program.Sec. 5, Pub. L. 93–86, 

87 Stat. 249, as 

added by Sec. 1304

(b)(2), Pub. L. 95– 

113, 91 Stat. 980 (7 

U.S.C. 612c note); 

sec. 1335, Pub. L. 

97–98, 95 Stat. 1293 

(7 U.S.C. 612c 

note); sec. 209, Pub. 

L. 98–8, 97 Stat. 35 

(7 U.S.C. 612c 

note); sec. 2(8), Pub. 

L. 98–92, 97 Stat. 

611 (7 U.S.C. 612c 

note); sec. 1562, 

Pub. L. 99–198, 99 

Stat. 1590 (7 U.S.C. 

612c note); sec. 

101(k), Pub. L. 100– 

202; sec. 1771(a), 

Pub. L. 101–624, 

101 Stat. 3806 (7 

U.S.C. 612c note); 

sec 402(a), Pub. L. 

104–127, 110 Stat. 

1028 (7 U.S.C. 612c 

note); sec. 4201, 

Pub. L. 107–171, 

116 Stat. 134 (7 

U.S.C. 7901 note); 

sec. 4221, Pub. L. 

110–246, 122 Stat. 

1886 (7 U.S.C. 612c 

note).

Section 247.1 defines ‘‘children’’ as meaning persons who are at 

least 1 year of age but have not reached their sixth birthday.

Section 247.1 defines ‘‘elderly persons’’ as meaning persons at least 

60 years of age.

Section 247.1 defines ‘‘infants’’ as meaning persons under 1 year of 

age.

7 CFR part 247. 

Food Stamp and Food 

Distribution Program.

7 U.S.C. 2011–2036 ... Section 271.2 defines ‘‘elderly or disabled member’’ as meaning a 

member of a household who: (1) Is 60 years of age or older.

7 CFR part 271 

Section 271.2 defines ‘‘Thrifty food plan’’ as meaning the diet required to feed a family of four persons consisting of a man and a 

woman 20 through 50, a child 6 through 8, and a child 9 through 

11 years of age, determined in accordance with the Secretary’s 

calculations.

7 CFR part 273 

Section 273.1 defined ‘‘Elderly and disabled persons’’ as meaning an 

otherwise eligible member of a household who is 60 years of age 

or older and is unable to purchase and prepare meals because he 

or she suffers from a disability considered permanent under the 

Social Security Act or a non-disease-related, severe, permanent 

disability may be considered.

Section 273.1(b) outlines special household requirements. (b) Special 

household requirements—(1) Required household combinations. 

The following individuals who live with others must be considered 

as customarily purchasing food and preparing meals with the others, even if they do not do so, and thus must be included in the 

same household, unless otherwise specified.(i) Spouses; (ii) A person under 22 years of age who is living with his or her natural or 

adoptive parent(s) or step-parent(s); and (iii) A child (other than a 

foster child) under 18 years of age who lives with and is under the 

parental control of a household member other than his or her parent. A child must be considered to be under parental control for 

purposes of this provision if he or she is financially or otherwise dependent on a member of the household, unless State law defines 

such a person as an adult.

Section 273.1(d) outlines head of household requirements. When 

designating the head of household, the State agency shall allow 

the household to select an adult parent of children (of any age) living in the household, or an adult who has parental control over 

children (under 18 years of age) living in the household, as the 

head of household provided that all adult household members 

agree to the selection.


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Program Statute Section and age distinction Regulation 

Section 273.4(a)(4)(iii) outlines household members meeting citizenship or alien status requirements. An unmarried dependent child of 

such Hmong or Highland Laotian who is under the age of 18 or if a 

full-time student under the age of 22; an unmarried child under the 

age of 18 or if a full time student under the age of 22 of such a deceased Hmong or Highland Laotian provided the child was dependent upon him or her at the time of his or her death; or an unmarried 

disabled child age 18 or older if the child was disabled and dependent on the person prior to the child’s 18th birthday. For purposes of this paragraph (a)(4)(iii), child means the legally adopted 

or biological child of the person described in paragraph (a)(4)(i) of 

this section, 

Section 273.4(a)(5)(ii) outlines household members meeting citizenship or alien status requirements which includes an alien who has 

been subjected to a severe form of trafficking in persons and who 

is under the age of 18, to the same extent as an alien who is admitted to the United States as a refugee under Section 207 of the 

INA; 

Section 273.4(a)(5)(iii) outlines household members meeting citizenship or alien status requirements which includes the spouse, child, 

parent or unmarried minor sibling of a victim of a severe form of 

trafficking in persons under 21 years of age, and who has received 

a derivative T visa, to the same extent as an alien who is admitted 

to the United States as a refugee under Section 207 of the INA.

Section 273.4(a)(5)(iv) outlines household members meeting citizenship or alien status requirements which includes the spouse or 

child of a victim of a severe form of trafficking in persons 21 years 

of age or older, and who has received a derivative T visa, to the 

same extent as an alien who is admitted to the United States as a 

refugee under Section 207 of the INA.

Section 273.4(a)(6)(ii)(A) outlines the criteria for a qualified alien 

which includes an alien age 18 or older lawfully admitted for permanent residence under the INA who has 40 qualifying quarters as 

determined under Title II of the SSA, including qualifying quarters 

of work not covered by Title II of the SSA, based on the sum of: 

quarters the alien worked; quarters credited from the work of a parent of the alien before the alien became 18 (including quarters 

worked before the alien was born or adopted); and quarters credited from the work of a spouse of the alien during their marriage if 

they are still married or the spouse is deceased.

Section 273.4(a)(6)(ii)(G)(3) outlines the criteria for a qualified alien 

with military connections which includes the spouse and unmarried 

dependent children of a person described in paragraph 

(a)(6)(ii)(G)(1) or (2) of this section, including the spouse of a deceased veteran, provided the marriage fulfilled the requirements of 

38 U.S.C. 1304, and the spouse has not remarried. An unmarried 

dependent child for purposes of this paragraph (a)(6)(ii)(G)(3) is: a 

child who is under the age of 18 or, if a full-time student, under the 

age of 22; such unmarried dependent child of a deceased veteran 

provided such child was dependent upon the veteran at the time of 

the veteran’s death; or an unmarried disabled child age 18 or older 

if the child was disabled and dependent on the veteran prior to the 

child’s 18th birthday. For purposes of this paragraph (a)(6)(ii)(G)(3), 

child means the legally adopted or biological child of the person 

described in paragraph (a)(6)(ii)(G)(1) or (2) of this section.

Section 273.4(a)(6)(ii)(I) outlines the criteria for a qualified alien which 

includes an individual who on August 22, 1996, was lawfully residing in the U.S., and was born on or before August 22, 1931.

Section 273.4(a)(6)(ii)(J) outlines the criteria for a qualified alien 

which includes an individual who is under 18 years of age.

Section 273.4(a)(6)(iii)(A) outlines qualified aliens that must be in a 

qualified status for 5 years before being eligible to receive food 

stamps which includes an alien age 18 or older lawfully admitted 

for permanent residence under the INA.

Section 273.4(c)(3)(vi) outlines exempt aliens which includes a sponsored alien child under 18 years of age of a sponsored alien.

Section 273.4(c)(3)(vii) ) outlines exempt aliens which includes a citizen child under age 18 of a sponsored alien.

Section 273.5 (b)(1) outlines criteria for student eligibility for the program which includes be age 17 or younger or age 50 or older.

Section 273.5(b)(8) outlines criteria for student eligibility for the program which includes a person who is responsible for the care of a 

dependent household member under the age of 6.


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73198 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Rules and Regulations 

Program Statute Section and age distinction Regulation 

Section 273.5(b)(9) outlines criteria for student eligibility for the program which includes a person who is responsible for the care of a 

dependent household member who has reached the age of 6 but is 

under age 12.

Section 273.5(b)(10) outlines criteria for student eligibility for the program which includes a single parent enrolled in an institution of 

higher education on a full-time basis (as determined by the institution) and be responsible for the care of a dependent child under 

age 12.

Section 273.5(b)(4) states that if the household is unable to provide 

an SSN or proof of application for an SSN at its next recertification 

within 6 months following the baby’s birth, the State agency shall 

determine if the good cause provisions of paragraph (d) of this section are applicable.

Section 273.7(b)(1)(i) outlines exemptions from work requirements 

which includes a person younger than 16 years of age or a person 

60 years of age or older and a person age 16 or 17 who is not the 

head of a household or who is attending school, or is enrolled in an 

employment training program, on at least a half-time basis, is also 

exempt. If the person turns 16 (or 18 under the preceding sentence) during a certification period, the State agency must register 

the person as part of the next scheduled recertification process, 

unless the person qualifies for another exemption.

Section 273.9(b)(1)(v) defines income which includes the phrase this 

provision does not apply to household members under 19 years of 

age who are under the parental control of another adult member, 

regardless of school attendance and/or enrollment.

Section 273.9(d)(4) outlines income deduction which include dependent care stating the maximum monthly dependent care deduction 

amount households shall be granted under this provision is $200 a 

month for each dependent child under two (2) years of age and 

$175 a month for each other dependent.

Section 273.10(e)(2)(i)(A) outlines eligibility benefits states households which contain an elderly or disabled member as defined in 

§ 271.2.

Section 273.10(e)(2)(i)(B) outlines eligibility benefits which states in 

addition to meeting the net income eligibility standards, households 

which do not contain an elderly or disabled member shall have 

their gross income, as calculated in accordance with paragraph 

(e)(1)(i)(A) of this section, compared to the gross monthly income 

standards defined in § 273.9(a)(1).

Section 273.10(e)(2)(i)(D) outlines eligibility benefits which states if a 

household contains a member who is 59 years old on the date of 

application, but who will become 60 before the end of the month of 

application, the State agency shall determine the household’s eligibility in accordance with paragraph (e)(2)(i)(A) of this section.

Section 273.24(c)(1) outlines exceptions for when the time limit does 

not apply to an individual which include a person under 18 or 50 

years of age or older.

Section 273.24(c)(3) outlines exceptions for when the time limit does 

not apply to an individual which include a parent (natural, adoptive, 

or step) of a household member under age 18, even if the household member who is under 18 is not himself eligible for food 

stamps.

Section 273.24(c)(4) outlines exceptions for when the time limit does 

not apply to an individual which include a person residing in a 

household where a household member is under age 18, even if the 

household member who is under 18 is not himself eligible for food 

stamps.


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Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Rules and Regulations 73199 

Program Statute Section and age distinction Regulation 

National School Lunch 

Program.

42 U.S.C. 1751–1760, 

1779.

Section 210.2 defines ‘‘Child’’ as meaning a (a) a student of high 

school grade or under as determined by the State educational 

agency, who is enrolled in an educational unit of high school grade 

or under as described in paragraphs (a) and (b) of the definition of 

‘‘School,’’ including students who are mentally or physically disabled as defined by the State and who are participating in a school 

program established for the mentally or physically disabled; or (b) a 

person under 21 chronological years of age who is enrolled in an 

institution or center as described in paragraph (c) of the definition 

of ‘‘School;’’ or (c) For purposes of reimbursement for meal supplements served in afterschool care programs, an individual enrolled 

in an afterschool care program operated by an eligible school who 

is 12 years of age or under, or in the case of children of migrant 

workers and children with disabilities, not more than 15 years of 

age.

Section 12(d) defines ‘‘Child’’ as meaning an individual, regardless of 

age, who—(i) is determined by a State educational agency, in accordance with regulations prescribed by the Secretary, to have one 

or more disabilities; and (ii) is attending any institution, as defined 

in section 17(a), or a nonresidential public or nonprofit private 

school of high school grade or under, for the purpose of participating in a school program established for individuals with disabilities.

7 CFR part 210. 

School Breakfast Program.42 U.S.C. 1773, 1779 Section 220.2 defines ‘‘Child’’ as meaning a (1) A student of high 

school grade or under as determined by the State educational 

agency, who is enrolled in an educational unit of high school grade 

or under as described in paragraphs (1) and (2) of the definition of 

‘‘School’’, including students who are mentally or physically disabled as defined by the State and who are participating in a school 

program established for the mentally or physically disabled; or (2) a 

person under 21 chronological years of age who is enrolled in an 

institution or center as described in paragraph (3) of the definition 

of School in this section.

7 CFR part 220. 

Child and Adult Care 

Food Program.

42 U.S.C. 1766 ........... Section 1766 outlines that reimbursement may be provided under this 

section only for supplements served to school children who are not 

more than 18 years of age, except that the age limitation provided 

by this subsection shall not apply to a child.

7 CFR part 226. 

Section 1766(a)(3) and 7 CFR 226.2 outlines that reimbursement are 

permitted for meals served to children through the age of 12, children of migrant workers through the age of 15, and persons with 

disabilities, in child care centers and day care homes.

Section 1766(o)(1) and 7 CFR 226.2 outlines that adult day care centers receive reimbursement for meals served to enrolled adults who 

are functionally impaired or age 60 and older.

Section 1766(t)(5); and 7 CFR 226.2 outlines that reimbursement are 

permitted for emergency shelters for up to three meals served each 

day to residents age 18 and younger.

Section 1766(r) and 7 CFR 226.17a(c) outlines that reimbursement 

are permitted in at-risk afterschool care programs for meals served 

during the regular school year to children through the age of 18.

Summer Food Service 

Program.

42 U.S.C. 1761 ........... Section 1761(a)(1)(B) and 7 CFR 225.2 outlines that Children age 18 

and under may receive meals through SFSP. A person 19 years of 

age and over who has a mental or physical disability (as determined by a State of local educational agency) and who participates 

during the school year in a public or private non-profit school program (established for the mentally or physically disabled) is also eligible to receive meals. In certain circumstances, pregnant women 

who receive Early Head Start services are also eligible to receive 

meals through SFSP if they are age 18 or under. To establish eligibility, prospective mothers must be enrolled in Early Head Start 

and be eligible to receive school meals through the NSLP or another child nutrition program.

7 CFR part 225. 

Forest Service 

National Parks and 

Federal Recreational 

Lands Pass.

16 U.S.C. 6808h ......... Section 6808h(b)(1) AGE DISCOUNT.—The Secretary shall make 

the National Parks and Federal Recreational Lands Pass available, 

at a cost of $10.00, to any United States citizen or person domiciled in the United States who is 62 years of age or older, if the citizen or person provides adequate proof of such age and such citizenship or residency.

None. 


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73200 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Rules and Regulations 

Program Statute Section and age distinction Regulation 

Natural Resources Conservation Service 

Agriculture Conservation Experienced 

Services (ACES).

16 U.S.C. 3851 ........... Section 1252 authorizes and directs the Secretary to ‘‘establish a 

conservation experienced services program (in this section referred 

to as the ‘‘ACES Program’’) for the purpose of utilizing the talents 

of individuals who are age 55 or older, but who are not employees 

of the Department of Agriculture or a State agriculture department, 

to provide technical services in support of the conservation-related 

programs and authorities carried out by the Secretary.’’ 

None. 

Rural Development 

Section 504 Origination 

Loans and Grants.

42 U.S.C. 1474 ........... Section 504 loans and grants are intended to help very low-income 

owner-occupants in rural areas repair their properties. Section 

3550.103 provides that ‘‘to be eligible for grant assistance, an application must be 62 years of age or older at the time of the application.’’ 

7 CFR 3550.101 et 

seq. 

Section 515 Rural 

Rental Housing 

Loans Program Section 521 Rental Assistance Program.

42 U.S.C. 1490a ......... Under the Direct Multi-Family Housing Loan and Grants, Section 515 

Rural Rental Housing program supplies apartments for elderly and 

disabled people that are equipped with special amenities. USDA 

provides assistance through the separately appropriated Section 

521 Rental Assistance Program, which brings tenants’ rent down to 

30 percent of their adjusted incomes. Section 3560 defines ‘‘elderly 

person’’ as ‘‘a person who is at least 62 years old.’’ 

7 CFR part 3560. 

National Institute of Food and Agriculture 

Secondary Education, 

Two-Year Postsecondary Education, 

and Agriculture in the 

K–12 Classroom 

Challenge Grants 

Program.

7 U.S.C. 3152(j) .......... Section 1417(j) directs the Secretary to ‘‘promote complementary and 

synergistic linkages among secondary, 2-year postsecondary, and 

higher education programs in the food and agricultural sciences in 

order to promote excellence in education and encourage more 

young Americans to pursue and complete a baccalaureate or higher degree in the food and agricultural sciences.’’ The Act further 

empowers the Secretary to make competitive or noncompetitive 

grants to public secondary schools, institutions of higher education 

that award an associate’s degree, other institutions of higher education, and nonprofit organizations [to] . . . (C) to interest young 

people in pursuing higher education in order to prepare for scientific and professional careers in the food and agricultural 

sciences; . . . and (G) to support current agriculture in the classroom programs for grades K–12.

None. 

Hispanic-Serving Institutions—Competitive 

Grants Program for 

Hispanic Agricultural 

Workers and Youth.

7 U.S.C. 3243, as 

amended.

Section 1456(e)(1), as amended by the Agricultural Act of 2014, 

states that the ‘‘Secretary shall establish a competitive grants program . . . (B) to award competitive grants to Hispanic-serving agricultural colleges and universities to provide for training in the food 

and agricultural sciences of Hispanic agricultural workers and Hispanic youth working in the food and agricultural sciences.

7 CFR part 3434. 

Girl Scouts of the 

United States of 

America, the Boy 

Scouts of America, 

the National 4–H 

Council, and the National FFA Organization.

7 U.S.C. 7630, as 

amended.

Section 410(d). Grants for Youth Organizations of the Agricultural, 

Research, Extension and Education Reform Act of 1998, directs 

the Secretary to make grants available to the designated youth organizations for the organizations’ establishment of pilot projects to 

expand their programs in rural areas and small towns. Eligibility is 

limited to the four statutorily-identified youth organizations.

None. 

Youth Farm Safety and 

Education Certification (YFSEC).

7 U.S.C. 341, et seq.; 

7 U.S.C. 343(d).

The primary purpose of program is to develop a coordinated approach to agricultural safety and health education for youth. 

YFSEC Program notices define ‘‘youth’’ as ‘‘children or adolescents 

who have reached their 12th birthday; but not their 20th birthday.’’ 

29 CFR part 570, 

subpart E–1. 

Expanded Food and 

Nutrition Education 

Program (EFNEP).

7 U.S.C. 3175 ............. Section 1425 authorizes a national education program to enable lowincome individuals and families. Through EFNEP, the Department 

delivers several ‘‘youth’’ programs that offer education on nutrition, 

food preparation, and food safety.

7 CFR part 15, subpart A. 


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Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Rules and Regulations 73201 

Program Statute Section and age distinction Regulation 

The Children, Youth, 

and Families At-Risk 

Sustainable Community Projects (CYFAR 

SCP).

7 U.S.C. 341, et seq.; 

7 U.S.C. 343(d).

Section 3(d) of the Smith-Lever Act authorizes the Department to administer the CYFAR SCP. Per Program notices, CYFAR SCP supports community educational programs for at-risk children, youth, 

and families which are based on locally identified needs, soundly 

grounded in research, and which lead to the accomplishment of 

one of four CYFAR National Outcomes; and (2) [t]o integrate 

CYFAR programming into ongoing Extension programs for children, 

youth, and families—insuring that at-risk, low income children, 

youth, and families continue to be part of Extension and/or 4–H 

programs and have access to resources and educational opportunities.

7 CFR part 3015, 7 

CFR part 3019, 7 

CFR part 3430. 

Risk Management Agency 

Federal Crop Insurance 

Program.

7 U.S.C. 1501 ............. Per the Crop Insurance Handbook, which provides the official FCIC 

approved underwriting standards for policies administered by Approved Insurance Providers under the Common Crop Insurance 

Policy Basic Provisions, 7 CFR part 457 including the Catastrophic 

Risk Protection Endorsement, 7 CFR part 402, and the Actual Production History Regulation 7 CFR part 400 Subpart G for the 2014 

and succeeding crop years, to be eligible for crop insurance the 

applicant must be of ‘‘legal majority.’’ Legal majority is defined as 

‘‘where the individual has reached 18 years old or was conferred 

legal majority by a court. (1) For individuals less than 18 years of 

age or where legal majority has not been conferred by a court, to 

be eligible for crop insurance: (a) A minor must provide evidence 

an insurable share exists; and (b) a court-appointed guardian or 

parent must co-sign the application. (2) When a court-appointed 

guardian or parent cosigns the application: (a) An acknowledgement guaranteeing payment of the annual premium must be included with the application; and (b) a written statement describing 

the farming operation and the insurable share must be provided. 

(3) For CAT coverage only, a minor who is competent to enter into 

a binding contract, may insure a crop at CAT level without a cosigner; however, if not competent to enter into a binding contract, a 

court-appointed guardian or parent must sign the application.’’ 

7 CFR parts 400, 

402, 457. 

Dated: November 17, 2014. 

Thomas J. Vilsack, 

Secretary. 

[FR Doc. 2014–28452 Filed 12–9–14; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 101 

[Docket No. FDA–2000–N–0011 (Formerly 

Docket No. 2000N–1596)] 

Uniform Compliance Date for Food 

Labeling Regulations 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

establishing January 1, 2018, as the 

uniform compliance date for food 

labeling regulations that are issued 

between January 1, 2015, and December 

31, 2016. We periodically announce 

uniform compliance dates for new food 

labeling requirements to minimize the 

economic impact of label changes. On 

November 28, 2012, we established 

January 1, 2016, as the uniform 

compliance date for food labeling 

regulations issued between January 1, 

2013, and December 31, 2014. 

DATES: This rule is effective December 

10, 2014. Submit electronic or written 

comments by February 9, 2015. 

ADDRESSES: You may submit comments 

by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Written Submissions 

Submit written submissions in the 

following ways: 

• Mail/Hand delivery/Courier (for 

paper submissions): Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852. 

Instructions: All submissions received 

must include the Docket No. (FDA– 

2000–N–0011) for this rulemaking. All 

comments received may be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. For 

additional information on submitting 

comments, see the ‘‘Comments’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Division of Dockets 

Management, 5630 Fishers Lane, Rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Michael Ellison, Center for Food Safety 

and Applied Nutrition (HFS–24), Food 

and Drug Administration, 5100 Paint 

Branch Pkwy., College Park, MD 20740, 

240–402–2093. 

SUPPLEMENTARY INFORMATION: 

I. Background 

We periodically issue regulations 

requiring changes in the labeling of 

food. If the effective dates of these 

labeling changes were not coordinated, 

the cumulative economic impact on the 

food industry of having to respond 


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