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This interim final rule will amend 7 CFR part 225 to codify the flexibility for rural program operators to provide noncongregate meal service in the Summer Food Service program (SFSP). This rule will also establish a new 7 CFR section and codify a new Summer Electronic Benefits Transfer (EBT) for Children Program in this section. The mandate for these changes is found in section 502 of the Consolidated Appropriations Act of 2023 (Pub. L. 117-328), which amended section 12 of the Richard B. Russell Nation School Lunch Act (NSLA) to allow rural noncongregate meal service in the SFSP, and created a new section 13A to establish a permanent Summer EBT Program.

Overall Description of Deadline: The Consolidated Appropriations Act, 2023 (Pub. L. 117-328) requires FNS to promulgate regulations to carry out the provisions under section 502 of the Act no later than 1 year after the date of enactment. Public Law 117-328 was enacted on December 29, 2022; therefore, FNS is required to publish an interim final rule by December 29, 2023. However, FNS is aiming for publication by December 15, 2023, in order to ensure the statutory deadline is met.