AGENCY:
Food and Nutrition Service (FNS), USDA.
ACTION:
Proposed rule.
SUMMARY:
This action proposes to delay, from October 1, 2019 until October 1, 2021, the implementation date of the “ounce equivalents” requirement for crediting grains served in the Child and Adult Care Food Program (CACFP). The final rule, Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids Act of 2010, published at 81 FR 24347 on April 25, 2016, specified that meal planners must use ounce equivalents to determine the amount of creditable grain served as part of a reimbursable meal or snack. The new implementation date would allow more time for FNS to develop additional technical assistance materials and for State agencies and sponsoring organizations to provide training and technical assistance to make compliance easier for meal planners nationwide.
DATES:
Written comments must be received on or before July 31, 2019 to be assured of consideration.
ADDRESSES:
FNS invites interested persons to submit written comments on this proposed rule. Comments may be submitted in writing by one of the following methods:
- Federal eRulemaking Portal: Go to http://www.regulations.gov . Follow the online instructions for submitting comments.
- Mail: Send comments to Community Meals Branch, Policy and Program Development Division, USDA Food and Nutrition Service, 3101 Park Center Drive, Alexandria, Virginia 22302.
All written comments submitted in response to this proposed rule will be included in the record and will be made available to the public. Please be advised that the substance of the comments and the identity of the individuals or entities submitting the comments will be subject to public disclosure. FNS will make the written comments publicly available via http://www.regulations.gov .
FOR FURTHER INFORMATION CONTACT:
Andrea Farmer, Chief, Community Meals Branch, Policy and Program Development Division, USDA Food and Nutrition Service, 703-305-2590.
SUPPLEMENTARY INFORMATION:
Background
The final rule, Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids Act of 2010, published at 81 FR 24347 on April 25, 2016, specified that grains must be credited using “ounce equivalents.” Historically, meal planners at day care homes and centers in CACFP have credited grains served as part of a reimbursable meal or snack based on household measures, such as cups or “servings” of breads and other grain-based foods. The ounce equivalents provision would bring CACFP in line with the National School Lunch and School Breakfast Programs, as well as the technical measurement approach reflected in the Dietary Guidelines for Americans.
To make compliance easier, particularly as State agencies and local partners were focused on implementing more significant aspects of the meal pattern rule, FNS initially delayed implementation of the ounce equivalents provision until October 1, 2019. However, even with the additional time, input from stakeholders—including public comments received through a request for information, Food Crediting in Child Nutrition Programs, published at 82 FR 58792 on February 14, 2017—has convinced FNS that meal planners may not be universally ready to effectively implement the ounce equivalents requirement by October of this year without additional training and resources. Confusion over the implementation of ounce equivalents amongst some meal planners has generated fears about meal disallowances and meal documentation requirements, which may discourage day care homes and centers from participating in CACFP. FNS believes that additional training and technical assistance will be needed to provide meal planners with the tools they need to more easily implement this provision.
Accordingly, FNS is proposing a delay of implementation of the ounce equivalents requirement until October 1, 2021. Corresponding changes would be made to the infant meal pattern tables at 7 CFR 210.10(o), 210.10(q), 220.8(p), and 226.20(c); preschool meal pattern tables at 7 CFR 210.10(o), 210.10(p), and 220.8(o); and meal pattern tables for children and adult participants at 226.20(c). The new implementation date would allow more time for FNS to continue to develop additional technical assistance materials to better support providers. By proposing a two-year extension, State agencies and sponsoring organizations should have adequate time to use these materials to provide training and technical assistance to make compliance easier for meal planners nationwide. This proposed action is consistent with our efforts to provide excellent customer service as we work with State and local partners to ensure high quality, nutritious meals for children and adult participants in CACFP.
Procedural Matters
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 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, reducing costs, harmonizing rules, and promoting flexibility. This proposed rule has been determined to be not significant and was not reviewed by the Office of Management and Budget (OMB).
Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires Agencies to analyze the impact of rulemaking on small entities and consider alternatives that would minimize any significant impacts on a substantial number of small entities. The FNS Administrator has certified that this proposed rule will not have a significant economic impact on a substantial number of small entities. This rule allows meal planners additional time to receive training and technical assistance and additional time for State agencies and sponsoring organizations to facilitate implementation of the new requirement. While this rule will affect State agencies, sponsoring organizations, and day care homes and centers, any economic effect will not be significant.
Executive Order 13771
Executive Order 13771 directs agencies to reduce regulation and control regulatory costs and provides that the cost of planned regulations be prudently managed and controlled through a budgeting process. This proposed rule is not expected to be an Executive Order 13771 regulatory action because it is not significant under Executive Order 12866.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments, and the private sector. Under section 202 of UMRA, FNS generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, or tribal governments in the aggregate, or to the private sector, of $100 million or more in any one year. When such a statement is needed for a rule, section 205 of UMRA generally requires FNS to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, more cost-effective or least burdensome alternative that achieves the objectives of the rule. This proposed rule contains no Federal mandates, under the regulatory provisions of title II of UMRA, for State, local, and tribal governments, or the private sector, of $100 million or more in any one year. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA.
Executive Order 12372
CACFP is listed in the Assistance Listings under the Catalog of Federal Domestic Assistance Number 10.558 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. Since the Child Nutrition Programs are State-administered, FNS has formal and informal discussions with State and local officials, including representatives of Indian Tribal Organizations, on an ongoing basis regarding CACFP requirements and operation. This provides FNS with the opportunity to receive regular input from State administrators and local CACFP operators, which contributes to the development of feasible requirements.
Federalism Summary Impact Statement
Executive Order 13132 requires Federal agencies to consider the impact of their regulatory actions on State and local governments. Where such actions have federalism implications, agencies are directed to provide a statement for inclusion in the preamble to the regulations describing the agency's considerations in terms of the three categories called for under section 6(b)(2)(B) of Executive Order 13132. FNS has determined that this proposed rule does not have federalism implications. This rule does not impose substantial or direct compliance costs on State and local governments. Therefore, under section 6(b) of the Executive Order, a federalism summary is not required.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not 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. Prior to any judicial challenge to the application of the provisions of this rule, all applicable administrative procedures must be exhausted.
Civil Rights Impact Analysis
FNS has reviewed this proposed rule in accordance with USDA Regulation 4300-4, Civil Rights Impact Analysis, to identify and address any major civil rights impacts the rule might have on minorities, women, and persons with disabilities. After a careful review of the rule's intent and provisions, FNS has determined that this rule is not expected to limit or reduce the ability of protected classes of individuals to participate as CACFP operators or as recipients of CACFP meal benefits. FNS also does not expect this rule to have any disparate impacts on CACFP operators by protected classes of individuals.
Executive Order 13175
Executive Order 13175 requires Federal agencies to consult and coordinate with Tribes on a government-to-government basis on policies that have Tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. FNS anticipates that this action would have no significant cost and no major increase in regulatory burden on tribal organizations.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35 and 5 CFR 1320, requires OMB to approve all collections of information by a Federal agency before they can be implemented. Respondents are not required to respond to any collection of information unless it displays a current valid OMB control number. This proposed rule contains information collections that have been approved by OMB under control number 0584-0055. This rule does not add any new information collection requirements.
E-Government Act Compliance
FNS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.
List of Subjects
7 CFR Part 210
- Grant programs—education
- Grant programs—health
- Infants and children
- Nutrition
- Penalties
- Reporting and recordkeeping requirements
- School breakfast and lunch programs
- Surplus agricultural commodities
7 CFR Part 220
- Grant programs—education
- Grant programs—health
- Infants and children
- Nutrition
- Reporting and recordkeeping requirements
- School breakfast and lunch programs
7 CFR Part 226
- Accounting
- Aged
- Day care
- Food assistance programs
- Grant programs
- Grant programs—health
- American Indians
- Individuals with disabilities
- Infants and children
- Intergovernmental relations
- Loan programs
- Reporting and
Accordingly, 7 CFR parts 210, 220 and 226 are amended as follows:
PART 210—NATIONAL SCHOOL LUNCH PROGRAM
1. The authority citation for part 210 continues to read as follows:
Authority: 42 U.S.C. 1751-1760, 1779.
2. In § 210.10, revise the tables in paragraphs (o)(3)(ii), (o)(4)(ii), (p)(2), and (q)(2) to read as follows:
(o) * * *
(3) * * *
(ii) * * *
Preschool Snack Meal Pattern
(4) * * *
(ii) * * *
Infant Snack Meal Pattern
(p) * * *
(2) * * *
Preschool Lunch Meal Pattern
(q) * * *
(2) * * *
Infant Lunch Meal Pattern
PART 220—SCHOOL BREAKFAST PROGRAM
3. The authority citation for part 220 continues to read as follows:
Authority: 42 U.S.C. 1773, 1779, unless otherwise noted.
4. In § 220.8, revise the tables in paragraphs (o)(2) and (p)(2), to read as follows:
(o) * * *
(2) * * *
Preschool Breakfast Meal Pattern
(p) * * *
(2) * * *
Infant Breakfast Meal Pattern
PART 226—CHILD AND ADULT CARE FOOD PROGRAM
5. The authority citation for 7 CFR part 226 continues to read as follows:
Authority: Secs. 9, 11, 14, 16, and 17, Richard B. Russell National School Lunch Act, as amended, 42 U.S.C. 1758, 1759a, 1762a, 1765 and 1766.
6. In § 226.20, remove the date “October 1, 2019” and add in its place “October 1, 2021” in the following places:
a. Endnote 3 of the table in paragraph (b)(5);
b. Endnote 7 of the table in paragraph (c)(1);
c. Endnote 10 of the table in paragraph (c)(2); and
d. Endnote 8 of the table in paragraph (c)(3).
Dated: June 14, 2019.
Brandon Lipps,
Administrator, Food and Nutrition Service.
[FR Doc. 2019-13733 Filed 6-28-19; 8:45 am]
BILLING CODE 3410-30-P