Rule2025-08160
Child and Adult Care Food Program: Rescission of Obsolete Data Collection Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 12, 2025
Effective
July 11, 2025
Issuing agencies
Agriculture DepartmentFood and Nutrition Service
Abstract
This rule rescinds an obsolete data collection requirement in regulations regarding the Child and Adult Care Food Program.
Full Text
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<title>Federal Register, Volume 90 Issue 90 (Monday, May 12, 2025)</title>
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[Federal Register Volume 90, Number 90 (Monday, May 12, 2025)]
[Rules and Regulations]
[Pages 20083-20084]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08160]
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Part 226
[Docket No. FNS-2025-0005]
RIN 0584-AF15
Child and Adult Care Food Program: Rescission of Obsolete Data
Collection Requirements
AGENCY: Food and Nutrition Service (FNS), Department of Agriculture
(USDA).
ACTION: Final rule.
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SUMMARY: This rule rescinds an obsolete data collection requirement in
regulations regarding the Child and Adult Care Food Program.
DATES: The final rule is effective July 11, 2025.
FOR FURTHER INFORMATION CONTACT: James C. Miller, Administrator, Food
and Nutrition Service, at (703) 305-2060, or <a href="/cdn-cgi/l/email-protection#f7bd969a9284d9ba9e9b9b9285b782849396d9909881"><span class="__cf_email__" data-cfemail="de94bfb3bbadf093b7b2b2bbac9eabadbabff0b9b1a8">[email protected]</span></a> with
a subject line of ``RIN 0584-AF15''.
SUPPLEMENTARY INFORMATION: USDA's regulations governing data collection
related to organizations are contained in Sec. 226.25(g) of title 7 of
the Code of Federal Regulations. These regulations include an obsolete
requirement for State agencies administering the Child and Adult Care
Food Program (CACFP)
[[Page 20084]]
to collect and report data related to participating institutions in
each of Federal fiscal years 2006 through 2009.
Upon reviewing these regulations, USDA has determined that they
should be rescinded. This regulation was established on May 2, 2007,
under the final rule ``Data Collection Related to the Participation of
Faith-Based and Community Organizations'' (72 FR 24179). The regulation
required mandatory collection and reporting activities to cease in
2010. USDA does not intend to resume these requirements because
implementation of the directives mandated by the underlying executive
orders is complete. These requirements are obsolete and must be removed
from Federal regulations. This rulemaking does not impact other data
collection requirements outside of those found in current 7 CFR
226.25(g).
USDA has determined that this reason, independently and alone,
justifies rescission of the 7 CFR 226.25(g) regulations. Regardless of
the benefits of the rule, USDA must not maintain regulations that are
unlawful. USDA has determined that there is no reliance interest in an
unlawful regulation. See Dep't of Homeland Sec. v. Regents of the Univ.
of California, 591 U.S. 1, 32 (2020). Moreover, regardless of
lawfulness, USDA has no interest in maintaining a rule that is
outdated.
To the extent there is any uncertainty about the costs and benefits
of the 7 CFR 226.25(g) regulations, it is the policy of USDA to err on
the side of deregulation. USDA's limited resources should be focused on
fairly and rationally enforcing a discrete and manageable number of
regulations. The regulations at 7 CFR 226.25(g) are not a priority.
Procedural Matters
Executive Orders 12866 and 13563
Under Executive Order 12866, as amended by Executive Orders 14215
and 13563, agencies must assess all costs and benefits of available
regulatory alternatives and, if regulation is necessary, select
regulatory approaches that maximize net benefits. The Office of
Management and Budget's (OMB) Office of Information and Regulatory
Affairs has determined that this regulatory action is not significant
and, therefore, is not subject to OMB review.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 601-612) (as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996; 5
U.S.C. 601 et seq.), agencies must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small government jurisdictions). FNS has concluded
and hereby certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act
This rule does not contain Federal mandates (under the regulatory
provisions of Title II of the Unfunded Mandates Reform Act (UMRA)) for
State, local, and Tribal governments, or the private sector of $100
million or more in any one year. Thus, the rule is not subject to the
requirements of sections 202 and 205 of the UMRA.
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. As this rule is purely
deregulatory, FNS has assessed the impact of this rule on Indian tribes
and determined that this rule would not have Tribal implications that
require consultation under Executive Order 13175.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520), an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless the
collection displays a currently valid OMB control number. This rule is
deregulatory and so would not impose any additional information
collection requirements; rather, it would reduce future collection
requirements by removing reporting burdens.
E-Government Act Compliance
The Department is committed to complying with the E-Government Act,
2002 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.
Executive Order 13132; Federalism Summary Impact Statement
The rule is deregulatory and has little effect on States and local
governments, so FNS anticipates that this rule will not have
implications for federalism. Therefore, under section 6(b) of the
Executive order, a federalism summary is not required.
List of Subjects in 7 CFR Part 226
Day care, Food assistance programs, Grant programs, Grant
programs--health, Grant programs--social programs, Infants and
children, Intergovernmental relations, Reporting and recordkeeping
requirements.
Accordingly, 7 CFR part 226 is amended as follows:
PART 226--CHILD AND ADULT CARE FOOD PROGRAM
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1. The authority citation for 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).
Sec. 226.25 [Amended]
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2. In Sec. 226.25:
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a. Remove paragraph (g);
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b. Redesignate paragraphs (h) through (j) as paragraphs (g) through
(i); and
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c. In newly redesignated paragraphs (i)(2) and (5), remove ``(j)(1)''
and add ``(i)(1)'' in its place.
James C. Miller,
Administrator.
[FR Doc. 2025-08160 Filed 5-9-25; 8:45 am]
BILLING CODE P
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