Simplified Cost Accounting and Other Actions To Reduce Paperwork in the Summer Food Service Program; Correction

Published date16 April 2019
Citation84 FR 15501
Record Number2019-07499
SectionRules and Regulations
CourtFood And Nutrition Service
Federal Register, Volume 84 Issue 73 (Tuesday, April 16, 2019)
[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
                [Rules and Regulations]
                [Page 15501]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-07499]
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                Rules and Regulations
                 Federal Register
                ________________________________________________________________________
                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.
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                Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Rules
                and Regulations
                [[Page 15501]]
                DEPARTMENT OF AGRICULTURE
                Food and Nutrition Service
                7 CFR Part 225
                [FNS-2013-0026]
                RIN 0584-AD84
                Simplified Cost Accounting and Other Actions To Reduce Paperwork
                in the Summer Food Service Program; Correction
                AGENCY: Food and Nutrition Service (FNS), USDA.
                ACTION: Correcting amendment.
                -----------------------------------------------------------------------
                SUMMARY: This document contains corrections to the final rule entitled
                ``Simplified Cost Accounting and Other Actions to Reduce Paperwork in
                the Summer Food Service Program,'' published in the Federal Register on
                June 1, 2018. These corrections do not impose new program requirements.
                DATES: This document is effective April 16, 2019. Compliance with the
                final rule began July 31, 2018.
                FOR FURTHER INFORMATION CONTACT: Andrea Farmer, Branch Chief, Community
                Meals Branch, Policy and Program Development Division, Food and
                Nutrition Service, at (703) 305-2590.
                SUPPLEMENTARY INFORMATION: The Food and Nutrition Service published a
                final rule on June 1, 2018, (83 FR 25349), to simplify and streamline
                Program administration in the Summer Food Service Program. This
                document makes a technical correction to 7 CFR 225.6(b)(7) in order to
                clarify requirements for submission and review of annual budgets. The
                correction clarifies for program operators and State agencies the
                flexibilities available in the budget submission process. This does not
                alter the requirements of the provision. Additionally, the June 2018
                final rule inadvertently removed regulatory text providing State
                agencies the discretion to determine the amount of advanced payments
                provided to sponsors. This document corrects this oversight by adding
                the missing regulatory text for 7 CFR 225.9(c)(3). The authority for
                this provision is provided by Section 13 in the Richard B. Russell
                National School Lunch Act, 42 U.S.C. 1761(e)(2). Finally, this document
                corrects small typographical errors in 7 CFR 225.9(d) and 7 CFR
                225.15(m). All other regulatory provisions in the June 2018 final rule
                remain unchanged.
                Need for Correction
                 As published, the regulatory text in 7 CFR part 225 after the June
                1, 2018 final rule is being misinterpreted by program operators and
                requires technical corrections in 7 CFR 225.6, 225.9, and 225.15.
                List of Subjects in 7 CFR Part 225
                 Food assistance programs, Grant programs--health, Infants and
                children, Labeling, Reporting and recordkeeping requirements.
                 Accordingly, 7 CFR part 225 is corrected by making the following
                correcting amendments:
                PART 225--SUMMER FOOD SERVICE PROGRAM
                0
                1. The authority citation for 7 CFR part 225 continues to read as
                follows:
                 Authority: Secs. 9, 13 and 14, Richard B. Russell National
                School Lunch Act, as amended (42 U.S.C. 1758, 1761 and 1762a).
                0
                2. In Sec. 225.6, revise paragraph (b)(7) to read as follows:
                Sec. 225.6 State agency responsibilities.
                * * * * *
                 (b) * * *
                 (7) The State agency shall review each applicant's administrative
                budget as a part of the application approval process in order to assess
                the applicant's ability to operate in compliance with these regulations
                within its projected reimbursement. In approving the applicant's
                administrative budget, the State agency shall take into consideration
                the number of sites and children to be served, as well as any other
                relevant factors. A sponsor's administrative budget shall be subject to
                review for adjustments by the State agency if the sponsor's level of
                site participation or the number of meals served to children changes
                significantly. State agencies may exempt school food authorities
                applying to operate the SFSP from submitting a separate budget to the
                State agency, if the school food authority submits an annual budget for
                the National School Lunch Program and the submitted budget includes the
                operation of SFSP.
                * * * * *
                0
                3. In Sec. 225.9:
                0
                a. Revise paragraph (c)(2);
                0
                b. Redesignate paragraphs (c)(3), (4), and (5) as paragraphs (c)(4),
                (5), and (6);
                0
                c. Add a new paragraph (c)(3); and
                0
                d. In the third sentence of paragraph (d)(5), remove the word
                ``served''.
                 The revision and addition read as follows:
                Sec. 225.9 Program assistance to sponsors.
                * * * * *
                 (c) * * *
                 (2) Advance payment estimates. When determining the amount of
                advance payments payable to the sponsor, the State agency shall make
                the best possible estimate based on the sponsor's request and any other
                available data. Under no circumstances may the amount of the advance
                payment exceed the amount estimated by the State agency to be needed by
                the sponsor to meet Program costs.
                 (3) Limit. The sum of the advance payments to a sponsor for any one
                month shall not exceed $40,000 unless the State agency determines that
                a larger payment is necessary for the effective operation of the
                Program and the sponsor demonstrates sufficient administrative and
                managerial capability to justify a larger payment.
                * * * * *
                Sec. 225.15 [Amended]
                0
                4. In Sec. 225.15(m)(6), remove the word ``no'' and add in its place
                the word ``nor''.
                 Dated: April 3, 2019.
                Brandon Lipps,
                Administrator, Food and Nutrition Service.
                [FR Doc. 2019-07499 Filed 4-15-19; 8:45 am]
                 BILLING CODE 3410-30-P
                

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