[Federal Register Volume 74, Number 113 (Monday, June 15, 2009)]
[Rules and Regulations]
[Page 28154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14021]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 220

[FNS-2005-0008]
RIN 0584-AD50


School Breakfast Program: Severe Need Assistance

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: The Department is adopting as a final rule, without change, an 
interim rule that amended the regulations for the School Breakfast 
Program. The interim rule addresses and implements amendments made by 
Section 201 of the Child Nutrition and WIC Reauthorization Act of 2004 
and amends the School Breakfast Program (SBP) regulations to eliminate 
the requirement that a school's costs exceed the rate of reimbursement 
as a criterion for receiving the higher severe need funding available 
in the SBP. The rule also allows State agencies to provide severe need 
reimbursements to certain new schools that are beginning participation 
in the school feeding programs and therefore have no historical second 
preceding year participation information, as was previously required. 
The rule is intended to simplify eligibility for severe need 
reimbursements by removing previous restrictions on receipt of those 
payments. This rule does not impose new administrative requirements on 
State or local governmental entities.

DATES: Effective on June 15, 2009, the Department is adopting as a 
final rule the interim rule published at 70 FR 66247 on November 2, 
2005.

FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rothstein, Child Nutrition 
Division, Food and Nutrition Service at (703) 305-2590.

SUPPLEMENTARY INFORMATION: 

Background

    On November 2, 2005, the Department published an interim rule on 
the School Breakfast Program. Section 501(b) of Public Law 108-265 
states that FNS may promulgate interim regulations to implement 
amendments made by Section 201 of the Child Nutrition and WIC 
Reauthorization Act of 2004. FNS published an interim rule to expedite 
implementation of the rule's provisions, while allowing public input. 
Comments were invited on the rule and the comment period ended on May 
1, 2006. FNS received four public comments, all in support of the rule: 
two from State agencies, one from a school district, and one from a 
school. Commenters commended FNS for helping severe need schools 
participate in the SBP by:
    <bullet> Eliminating the paperwork burden associated with 
documenting costs, and
    <bullet> Allowing the Secretary to determine severe need funding 
for new schools that do not have historical participation information.
    Commenters did not recommend any changes to the provisions of the 
interim rule. Therefore, the Department is adopting the interim rule as 
a final rule without change. Although there are no changes to the rule, 
the most recent School Breakfast Program information collection package 
(OMB Information Collection Request 0584-0012), shows that the overall 
burden hours have increased due to school food authority and school 
participation. This action also affirms information contained in the 
interim rule concerning Executive Order 12866, the Regulatory 
Flexibility Act, Executive Order 12988, and the Paperwork Reduction 
Act. Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

List of Subjects in 7 CFR Part 220

    Grant programs--education, Grant programs--health, Infants and 
children, Nutrition, Reporting and recordkeeping requirements, School 
breakfast and lunch programs.

PART 220--SCHOOL BREAKFAST PROGRAM: SEVERE NEED ASSISTANCE

    Accordingly, the Department is adopting as a final rule, without 
change, the interim rule that amended 7 CFR Part 220 and was published 
at 70 FR 66247 on November 2, 2005.

    Dated: June 3, 2009.
Julia Paradis,
Administrator, Food and Nutrition Service.
[FR Doc. E9-14021 Filed 6-12-09; 8:45 am]
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