81_FR_15670 81 FR 15613 - Supplemental Nutrition Assistance Program (SNAP): Employment and Training Program Monitoring, Oversight and Reporting Measures

81 FR 15613 - Supplemental Nutrition Assistance Program (SNAP): Employment and Training Program Monitoring, Oversight and Reporting Measures

DEPARTMENT OF AGRICULTURE
Food and Nutrition Service

Federal Register Volume 81, Issue 57 (March 24, 2016)

Page Range15613-15623
FR Document2016-06549

Section 4022 of the Agricultural Act of 2014 requires that, not later than 18 months after the date of enactment, USDA (the Department) shall issue an interim final rule implementing the amendments made by subsection (a)(2). Pursuant to that requirement, this rule implements the employment and training (E&T) provisions of section 4022(a)(2) of the Agricultural Act of 2014. Section 4022(a)(2) of the Agricultural Act of 2014 provides the Department additional oversight authority of State agencies' administration of the Supplemental Nutrition Assistance Program (SNAP) E&T program. In addition, it requires the Department to develop national reporting measures and for State agencies to report outcome data to the Department. It also requires that the Department monitor and assess State agencies' E&T programs, and provides the Department with the authority to require State agencies to make improvements to their programs as necessary. Finally, State agencies are required to submit reports on the impact of certain E&T components and, in certain States, the E&T services provided to able-bodied adults without dependents (ABAWDs).

Federal Register, Volume 81 Issue 57 (Thursday, March 24, 2016)
[Federal Register Volume 81, Number 57 (Thursday, March 24, 2016)]
[Rules and Regulations]
[Pages 15613-15623]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06549]



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Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Rules 
and Regulations

[[Page 15613]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 271 and 273

RIN 0584-AE33


Supplemental Nutrition Assistance Program (SNAP): Employment and 
Training Program Monitoring, Oversight and Reporting Measures

AGENCY: Food and Nutrition Service, USDA.

ACTION: Interim rule.

-----------------------------------------------------------------------

SUMMARY: Section 4022 of the Agricultural Act of 2014 requires that, 
not later than 18 months after the date of enactment, USDA (the 
Department) shall issue an interim final rule implementing the 
amendments made by subsection (a)(2). Pursuant to that requirement, 
this rule implements the employment and training (E&T) provisions of 
section 4022(a)(2) of the Agricultural Act of 2014. Section 4022(a)(2) 
of the Agricultural Act of 2014 provides the Department additional 
oversight authority of State agencies' administration of the 
Supplemental Nutrition Assistance Program (SNAP) E&T program. In 
addition, it requires the Department to develop national reporting 
measures and for State agencies to report outcome data to the 
Department. It also requires that the Department monitor and assess 
State agencies' E&T programs, and provides the Department with the 
authority to require State agencies to make improvements to their 
programs as necessary. Finally, State agencies are required to submit 
reports on the impact of certain E&T components and, in certain States, 
the E&T services provided to able-bodied adults without dependents 
(ABAWDs).

DATES: Effective Date: This rule will become effective May 23, 2016.
    Implementation Date: Upon clearance by OMB of the associated 
information collection requirements, States shall include reporting 
measures in the E&T State Plans for the first full fiscal year that 
begins not earlier than September 20, 2016.
    Comment Date: Written comments must be received on or before May 
23, 2016.

ADDRESSES: The Food and Nutrition Service (FNS) invites interested 
persons to submit comments on this interim rule. Comments may be 
submitted by any of the following methods:
    Federal eRulemaking Portal: Preferred method. Go to http://www.regulations.gov; follow the online instructions for submitting 
comments.
    FAX: Submit comments by facsimile transmission to (703) 305-2486, 
attention: Moira Johnston, Director, Office of Employment and Training, 
SNAP.
    Web site: Go to http://www.fns.usda.gov. Follow the online 
instructions for submitting comments through the link at the SNAP Web 
site.
    Email: Send comments to SNAP-Ed@fns.udsa.gov. Include Docket ID 
Number FNS-2011-0026, Supplemental Nutrition Assistance Program: 
Employment and Training Employment and Training Program Monitoring, 
Oversight and Reporting Measures Interim Rule in the subject line of 
the message.
    Mail: Send comments to Moira Johnston, Director, Office of 
Employment and Training, SNAP, FNS, U.S. Department of Agriculture, 
3101 Park Center Drive, Room 806, Alexandria, Virginia 22302.
    Hand delivery or Courier: Deliver comments to Ms. Johnston at the 
above address. All comments on this interim 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. The Department will make the comments publicly available on 
the Internet via http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Moira Johnston, Director, Office of 
Employment and Training, at the above address or by telephone at (703) 
305-2515.

SUPPLEMENTARY INFORMATION:

What acronyms or abbreviations are used in this supplementary 
discussion?

    In the discussion of the provisions in this rule, the following 
acronyms or other abbreviations stand in for certain words or phrases:

------------------------------------------------------------------------
                                            Acronym,  abbreviation,  or
                 Phrase                               symbol
------------------------------------------------------------------------
Able-Bodied Adults Without Dependents...  ABAWDs.
Code of Federal Regulations.............  CFR.
Employment and Training.................  E&T.
Federal Register........................  FR.
Federal Fiscal Year.....................  FY.
Food and Nutrition Act of 2008, as        the FNA.
 amended.
Food and Nutrition Service..............  FNS.
Food, Conservation and Energy Act of      FCEA.
 2008 (Pub. L. 110-246).
Secretary of the U.S. Department of       Secretary.
 Agriculture.
Section (when referring to Federal        Sec.  .
 Regulations).
Supplemental Nutrition Assistance         SNAP.
 Program.
U.S. Department of Agriculture..........  the Department.
U.S. Department of Labor................  DOL.
Workforce Innovation and Opportunity Act  WIOA.
------------------------------------------------------------------------

Background

What is the SNAP E&T program?
    Section 6(d)(4) of the FNA requires that each State agency 
implement an E&T program designed to help members of SNAP households 
gain skills, training, employment, or experience that increase 
participants' ability to obtain regular employment. State agencies may 
include one or more of the following components in their E&T program: 
Job search, job search training, workfare, work experience, work 
training, basic education programs, self-employment training programs, 
job retention services, and other programs as approved by the 
Secretary. State agencies submit E&T plans that outline planned 
components and budgets to FNS for approval annually.
How is SNAP E&T funded?
    The Department funds SNAP E&T programs through $90 million in E&T 
grants and an additional $20 million in grants for State agencies that 
pledge to serve all ABAWDs at-risk of losing eligibility due to time-
limited

[[Page 15614]]

participation. In addition to these grants, the Department reimburses 
State agencies for 50 percent of approved administrative costs beyond 
the E&T grant and for 50 percent of allowable participant expenses, 
such as transportation and dependent care.
Is participation in SNAP E&T mandatory?
    SNAP work registrants not otherwise exempted by the State agency 
must participate in a SNAP E&T component if referred by the State 
agency. E&T programs may be mandatory or voluntary. In a mandatory 
program, failure to comply without good cause, results in 
disqualification from SNAP for a minimum sanction period which can vary 
depending upon State policy. Except in the case of permanent 
disqualification, an individual may resume SNAP participation after the 
sanction period expires and/or the individual complies with work 
requirements (whichever is later). State agencies may also serve 
voluntary E&T participants. Voluntary E&T participants are not subject 
to disqualification from SNAP for failure to comply with a SNAP E&T 
component.

The Agricultural Act of 2014

    This interim rule implements section 4022(a)(2) of the Agricultural 
Act of 2014. Even though the reporting requirements of this rule must 
be implemented by the beginning of first full fiscal year 180 days 
after publication of this rule, the Department is soliciting comments 
on this rule. The Department believes that it would benefit from the 
public's comments before publishing a final rule.
Why is the Department publishing this interim rule rather than a 
proposed and then final rule?
    Section 4022(a)(3)(A) of the Agricultural Act of 2014 requires that 
``Not later than 18 months after the date of enactment of this Act, the 
Secretary shall issue interim final regulations implementing the 
amendments made by subsection (a)(2).''
What does the Agricultural Act of 2014 require in regards to SNAP E&T?
    Section 4022 of the Agricultural Act of 2014 amends section 
16(h)(5) of the FNA, to provide that:
     The Department develop standardized reporting measures for 
E&T programs;
     States agencies' annual E&T plans must identify additional 
reporting measures for each E&T component that is intended to serve at 
least 100 participants a year;
     The Department monitor State E&T programs and assess their 
effectiveness;
     State agencies submit an annual report on their E&T 
programs that includes the number of participants who have gained 
skills, training, work, or experience that will increase their ability 
to obtain regular employment;
     The Department may require a State agency to make 
modifications to its E&T plan if it determines that the State agencies' 
E&T outcomes are inadequate.
    These provisions will provide the Department with more information 
about the States with effective SNAP E&T programs and promising 
practices, and help identify those States that need technical 
assistance to improve their programs.
    Section 4022 of the Agricultural Act of 2014 also requires the 
Department to carry out up to 10 SNAP E&T pilot projects and to 
evaluate the SNAP E&T program nationally at least once every five 
years. This interim rule does not address these last two issues.

Reporting Measures

What does Section 4022(a)(2) of the Agricultural Act of 2014 require 
the Department to do in developing national reporting measures?
    Section 4022(a)(2) amended section 16(h)(5)(B)(i) and (ii) of the 
FNA to require the Department to develop national reporting measures 
for States within the following requirements:
     The Department, in consultation with the Secretary of 
Labor, must develop State reporting measures that identify improvements 
in the skills, training, education, or work experience of members of 
households participating in SNAP;
     The measures must be based on common measures of 
performance for Federal workforce training programs; and
     The measures must include additional indicators that 
reflect the challenges facing the types of members of households 
participating in SNAP who participate in a specific E&T component.
Has the Department consulted with the Department of Labor (DOL) in the 
development of this rule?
    Yes. In addition to consulting with and reviewing DOL's current 
performance measures, the Department examined and discussed the 
performance indicators included in WIOA (visit http://www.doleta.gov/wioa/ for more information on this legislation).
What national reporting measures does this rule establish?
    After consultation with the DOL, the Department is establishing the 
following national reporting measures and requiring State agencies to 
report outcome data based on these measures. These reporting measures 
are similar to the performance indicators for the core programs in 
WIOA, but reflect the intent of the Agricultural Act of 2014, the 
unique characteristics of the SNAP E&T program and its participants, 
the required frequency of reporting, and how the Department will use 
the data. The reporting measures include:
     The number and percentage of E&T participants and former 
participants who are in unsubsidized employment during the second 
quarter after completion of participation in E&T;
     The number and percentage of E&T participants and former 
participants who are in unsubsidized employment during the fourth 
quarter after completion of participation in E&T;
     The median quarterly earnings of all the E&T participants 
and former participants who are in unsubsidized employment during the 
second quarter after completion of participation in E&T; and
     The number and percentage of participants that completed a 
training, educational, work experience or an on-the-job training 
component.
What additional reporting measures does Section 4022(a)(2) of the 
Agricultural Act of 2014 require that State agencies include in their 
E&T plans?
    Section 4022(a)(2) amended section 16(h)(5)(B)(ii) of the FNA to 
require each State agency's E&T plan to identify appropriate reporting 
measures for each proposed component that serves a threshold number of 
participants of at least 100 per year. State agencies will report the 
outcome data in their annual reports to FNS. The Department has adopted 
100 per year because this is consistent with the minimum in the 
Agricultural Act of 2014. The Department is particularly interested in 
receiving comments about the reporting measures themselves, as well as 
the appropriateness of this threshold.
    Because State agencies have broad flexibility in what E&T 
components they offer and how they structure their activities, the 
Department is not prescribing national reporting measures for specific 
components. Instead, the Department encourages State agencies, in 
designing their E&T component measures, consider the measures that are 
suggested in the Agricultural Act of 2014, which may include:

[[Page 15615]]

     The percentage and number of program participants who 
received E&T services and are in unsubsidized employment subsequent to 
the receipt of those services;
     The percentage and number of participants who obtain a 
recognized credential, including a registered apprenticeship, or a 
regular secondary school diploma or its recognized equivalent, while 
participating in, or within 1 year after receiving, E&T services;
     The percentage and number of participants who are in an 
education or training program that is intended to lead to a recognized 
credential, including a registered apprenticeship or on-the-job 
training program, a regular secondary school diploma or its recognized 
equivalent, or unsubsidized employment;
     Measures developed by each State agency to assess the 
skills acquisition of employment and training program participants that 
reflect the goals of the specific employment and training program 
components of the State agency, which may include:
    [cir] The percentage and number of participants who are meeting 
program requirements in each component of the education and training 
program of the State agency;
    [cir] The percentage and number of participants who are gaining 
skills likely to lead to employment as measured through testing, 
quantitative or qualitative assessment, or other method; and
    [cir] The percentage and number of participants who do not comply 
with employment and training requirements and who are ineligible under 
section 6(b); and
    [cir] Other indicators approved by the Secretary.
Is the Department required to approve State agencies' reporting 
measures for each component?
    Yes. FNS will work with State agencies to identify appropriate 
reporting measures for each component. State agencies must include the 
reporting measures for individual components in their E&T plans, which 
must be submitted and approved by FNS on an annual basis.
Will State agencies be required to report additional information on the 
characteristics of SNAP E&T participants?
    The SNAP work registrant population, like the general SNAP 
population, is very diverse and faces a myriad of challenges to 
employment, such as measurable educational attainment and employment 
history, or intangibles such as substance abuse or mental health 
problems. The Department is interested in understanding the 
effectiveness of certain approaches with populations facing different 
barriers; however, this can be difficult to ascertain given that the 
complex nature of these challenges.
    The Department believes that to have a better understanding of the 
effectiveness of SNAP E&T it must have a more complete picture of the 
population it is serving. The Department has very little detailed 
information on the characteristics of SNAP E&T participants. There are 
no existing reporting requirements or other mechanisms to collect this 
information. Therefore, in order to better serve SNAP E&T participants, 
this rule requires State agencies to report the following six 
characteristics for all E&T participants. The report will include the 
total number and percentage of all E&T participants who:
     Are voluntary vs. mandatory;
     have achieved a high school degree (or GED) prior to being 
provided with E&T services;
     are ABAWDs;
     speak English as a second language;
     are male vs. female; and
     belong in the following age ranges: 16-17, 18-35, 36-49, 
50-59, 60 or older.
    For example, if a State had 10,000 E&T participants in a year, 
2,000 of which were voluntary and 8,000 mandatory, these numbers would 
be reported along with the 20 and 80 percentages. State agencies 
currently collect most of this information as part of the application 
and it should be available through their eligibility systems or SNAP 
E&T tracking systems. This will not require additional reporting on the 
part of the SNAP recipient.
Section 16(h)(5)(B)(ii) of the FNA, as amended by the Agricultural Act 
of 2014, requires that the national reporting measures developed by the 
Department include additional indicators that reflect the challenges 
facing the types of members of households participating in SNAP who 
participate in a specific employment and training component. What are 
these indicators and for which SNAP E&T participants must State 
agencies report these indicators?
    Of the above six characteristics required to be reported of all 
SNAP E&T participants, the Department has identified three that it 
believes are most important to understanding the challenges to 
employment faced by those SNAP E&T participants and former participants 
who are included in the four national reporting measures described 
above. These characteristics are: Voluntary or mandatory participation 
in E&T, those with low education attainment, and those who are ABAWDs. 
A participant may have more than one characteristic (e.g., may be a 
voluntary participant who is also an ABAWD). The Department believes 
obtaining data on those participants and former participants included 
in the national reporting measures who have these three characteristics 
is critical to the development of effective strategies to serve these 
populations. Therefore, the rule requires that for each national 
reporting measure States must submit summary data that disaggregate the 
four national measures by the following three characteristics.
     Individuals who are or were voluntary vs. mandatory 
participants;
     participants having achieved a high school degree (or GED) 
prior to being provided with E&T services; and
     participants who are or were ABAWDs;
    Thus, to illustrate, States will be required to report the total 
number and percentage of E&T participants and former participants in 
unsubsidized employment during Q2 after participation in E&T and the 
number and percentage of those participants who were mandatory and 
voluntary. If the State had 1,000 out of 10,000 E&T participants and 
former participants employed in the second quarter following completion 
of E&T (10 percent) and of the 1,000, 300 were voluntary and 700 were 
mandatory, these numbers would be reported along with the percentages.
    Furthermore, in addition to reporting the median quarterly earnings 
of all the E&T participants and former participants, States will be 
required to report this outcome measure for the following subgroups: 
Voluntary participants, mandatory participants, those who have achieved 
a high school degree (or GED) prior to being provided with E&T 
services, and ABAWDs.
Are the SNAP E&T reporting measures based on the performance indicators 
for core workforce programs included in WIOA?
    WIOA established primary indicators of performance for the core 
programs related to employment, earnings, credential attainment/
measureable skills gains as they relate to gaining/retaining 
employment, and serving employers. The SNAP E&T reporting measures 
required by this rule are closely aligned with, but not identical to, 
those in WIOA. The variations can be attributed to: (1) Difference in 
the required

[[Page 15616]]

frequency of reporting (the Agricultural Act of 2014 requires a single 
annual report whereas the WIOA proposed regulations would require 
quarterly reports and an annual report); (2) difference in data needs; 
and (3) seeking a balance between value of information obtained and the 
burden of longer term tracking. FNS does not include a reporting 
measure for the effectiveness of serving employers or the number of 
participants that obtain credentials, in part because DOL and 
Department of Education are still in the process of developing this 
policy. In addition, because State agencies have broad flexibility in 
what E&T components they offer and how they structure their activities, 
the Department is not prescribing national reporting measures for 
specific components, like the percentage and number of participants who 
obtain a recognized credential, but the Department encourages State 
Agencies to consider such measures as described in
``What additional reporting measures does Section 4022(a)(2) of the 
Agricultural Act of 2014 require that State agencies include in their 
E&T plans?''
    DOL published proposed regulations regarding WIOA in the 
``Workforce Innovation and Opportunity Act; Joint Rule for Unified and 
Combined State Plans, Performance Accountability, and the One-Stop 
System Joint Provisions'' proposed rule on April 16, 2015. The 
Department views DOL as the leader in employment policy and will look 
for ways to be consistent with any changes made to its performance 
measures in the final E&T rulemaking. The Department is interested in 
comments pertaining to the variance between the WIOA performance 
indicators and the SNAP E&T reporting measures.
What will the Department do with the reported data?
    The Department will use outcome data to monitor the effectiveness 
of SNAP E&T programs. The Department will also share this information 
with policy makers, State agencies, and other stakeholders. In 
combination with the current data State agencies report to FNS 
regarding SNAP E&T, outcome data will help the Department identify E&T 
programs and components that produce a higher number and percentage of 
participants that obtain unsubsidized employment. The Department will 
use the data on median earnings to evaluate the cost-effectiveness of 
E&T programs and the components States have implemented. The Department 
will also use this data to assess and identify the most promising 
practices for State agencies that want to improve their SNAP E&T 
programs. The Department will use the data on educational attainment in 
a similar way, while the data regarding the characteristics of E&T 
participants will help the Department and States better understand the 
relative challenges different groups face.
How often and what method will State agencies use to report to the 
Department?
    Pursuant to section 16(h)(5)(D) of the FNA, as amended by the 
Agricultural Act of 2014, this rule requires State agencies to submit 
an annual report to FNS by January 1 of each year, to include outcome 
data on the reporting measures outlined above for the Federal fiscal 
year ending the previous September 30. FNS may specify a standard 
format for the annual report.
What data and timeframes will an annual report include?
    Data will be measured within the fiscal year for which the State 
agency is reporting using the most recent data available during the 
reporting period for each measure and additional characteristics for 
the participants and former participants included in the reporting 
measures. Therefore, if an individual completed participation in E&T in 
the fourth quarter of FY 2018, information from the second quarter of 
FY 2019 concerning their employment would be included in reporting for 
FY 2019, even if that individual was no longer participating in SNAP.
    Reporting for a fiscal year will include the characteristics of 
each E&T participant that participated in E&T during that fiscal year.
Is there a minimum amount that an individual must earn in a quarter to 
be included in a reporting measure?
    No, there is no minimum amount of earnings from unsubsidized 
employment in a quarter for an individual to be included in a reporting 
measure.
What other information must States include in the annual E&T reports?
    States that have committed to offering all at-risk ABAWDs a slot in 
a qualifying activity and have received an additional allocation of 
funds as specified in 7 CFR 273.7(d)(3) must include in their annual 
reports the following information:
     The monthly average number of individuals in the State who 
meet the conditions of Sec.  273.7(d)(3)(i);
     The number of individuals to whom the State offers a 
position in a program described in Sec.  273.24(a)(3)and (4);
     The number of individuals who participate in such 
programs; and
     A description of the types of employment and training 
programs the State agency offered to at-risk ABAWDs, and the 
availability of those programs throughout the State.
What does the Agricultural Act of 2014 require in terms of monitoring, 
evaluating and assessing States' E&T programs?
    The Agricultural Act of 2014 amended section 16(h)(5)(A) of the FNA 
to require the Department to monitor SNAP E&T programs and assess their 
effectiveness in terms of preparing members of households for 
employment, including the acquisition of basic skills necessary for 
employment, and increasing the number of household members who obtain 
and retain employment subsequent to participation in E&T. The 
Agricultural Act of 2014 also amended section 16(h)(5)(C) of the FNA to 
require that the Department evaluate State agencies' E&T programs on a 
periodic basis to ensure:
     Compliance with Federal E&T program rules and regulations;
     that program activities are appropriate to meet the needs 
of the individuals referred by the State agency to an E&T program 
component; and
     that reporting measures are appropriate to identify 
improvements in skills, training, work and experience for participants 
in an employment and training program component.
How is the Department codifying this provision?
    SNAP regulations at 7 CFR 275.3(a) already require FNS to conduct 
management evaluation (ME) reviews of designated, or ``target'', areas 
of program operation each fiscal year. FNS identifies target areas each 
year based upon a number of considerations, including recent policy 
changes, risk to Federal funds, and risk to program access. For 
example, FNS may identify program access as an area that the regional 
offices are required to review in every State, and nutrition education 
as an area to be reviewed on an at-risk basis, as necessary. This 
affords FNS maximum flexibility to target its resources to those 
current areas of vulnerability or agency priorities. In past years, FNS 
has not required its regional offices to perform an ME of each State 
agency's E&T program; many operate very small job-search only programs. 
However, FNS has required its regional offices to review E&T programs 
in States that operate third party matching programs, or that have

[[Page 15617]]

combined Federal and State budgets over a certain threshold. As part of 
its general monitoring and oversight responsibilities, FNS will meet 
the requirement of the FNA by continuing to perform MEs of States' E&T 
programs, but will also continue to establish in guidance which target 
areas to focus on each year.
    In addition, through its current authority, FNS is required to 
review and approve State agencies' E&T plans and budgets. Through this 
process, FNS will ensure that individual components are structured to 
meet the needs of participants and that the reporting measures for 
individual components with more than 100 participants, required by this 
rule, are appropriate to measure the impact of the components on 
participants.
Does the Department have authority to require modifications to State 
agencies' E&T programs?
    Yes. Section 16(h)(5)(E) of the FNA, as amended by the Agricultural 
Act of 2014, gives the Department the authority to require a State 
agency to make modifications to its SNAP E&T plan to improve outcomes 
if the Department determines that the E&T outcomes are inadequate.
Why are most of the reporting measures focused on program outcomes?
    The Government Performance and Results Act of 1993 (GPRA) requires 
that performance indicators be used to measure the outcome of 
government programs. The national reporting measures in this rule will 
provide data that be used to evaluate the effectiveness of E&T programs 
in moving SNAP recipients toward self-sufficiency.
    Additionally, the USDA Office of Inspector General (OIG) performed 
an audit of the SNAP E&T program and, in its final report, entitled 
``Food Stamp Employment and Training Program'' (OIG #27601-16-At), 
released April 29, 2008, concluded that the data to evaluate the SNAP 
E&T program's impact was lacking. The chief recommendation of this 
audit report was that FNS establish reporting measures for the SNAP E&T 
program and require State agencies to submit outcome data, which FNS 
could then use to determine whether the program improves employability 
and helps participants prepare for or obtain jobs. FNS agrees with this 
recommendation and, through this rule, is establishing standardized 
reporting measures that capture the impact of E&T programs. As noted 
above, FNS will use data to help identify the most effective E&T 
programs and best practices, and will share this information with State 
agencies looking to improve or expand their E&T programs.
Do State agencies already have reporting measures and outcome data?
    Currently, thirty-six State agencies have reporting measures and 
report E&T program outcome data in their E&T plans. State agencies use 
a variety of reporting measures, and the outcome data reported cannot 
be compared or summarized on a national level. Additionally, other work 
programs, such as those funded under the Workforce Innovation and 
Opportunity Act (WIOA) and the Wagner-Peyser Act (WPA), require State 
agencies to track, collect, and report outcome data. The measures in 
this rule are designed to be similar to the common measures used by 
these other work programs. The Department recommends that State 
agencies consult with State workforce and other agencies on data 
collection strategies and technical requirements.
For reporting purposes, who is considered an E&T participant?
    A SNAP applicant or recipient who is placed in and begins an E&T 
component is considered a ``participant'' for reporting purposes. E&T 
participants who are placed in a component but do not show up for the 
first training appointment will not be counted in the base of 
participants for reporting measures. Individuals that complete an E&T 
component are also considered to be participants for reporting 
purposes, even if they are no longer participating in SNAP. The 
Department recognizes that some State agencies provide E&T services to 
SNAP participants who are under-employed and it does not wish to 
discourage this practice. As such, State agencies may include E&T 
participants who are already employed as countable participants, if 
placed in a component.
Should voluntary participants be counted as well as mandatory 
participants?
    Yes. State agencies must count all E&T participants, both mandatory 
and voluntary, in the base for reporting measures. The Department 
recognizes that some State agencies have shifted the focus of their E&T 
programs to voluntary participants because these participants are often 
more motivated to work and seek training that will make them more 
employable. The interim reporting measures will reflect the 
effectiveness of the program for both mandatory and voluntary 
participants.
What is meant by unsubsidized employment?
    Unsubsidized employment means the E&T participant does not receive 
wages subsidized by a Federal, State or local government program, such 
as the TANF subsidized employment program or a SNAP work 
supplementation program. This is consistent with the definition of 
unsubsidized employment used by other Federal work programs. 
Participants who enter unsubsidized employment may still be receiving 
job retention services such as transportation reimbursements and 
dependent care.
    The definition of unsubsidized employment is not limited to jobs 
with paid benefits, such as health care coverage. Although the 
Department recognizes the value of such benefits for SNAP households, 
it would add complexity to data collection and the Department believes 
it is not an essential reporting requirement for the purpose of the 
interim rule.
What is meant by ``median'' quarterly earnings?
    This rule requires that State agencies report the median average 
quarterly earnings for all E&T participants who had earnings from 
unsubsidized employment in the second quarter following completion of 
E&T. Median earnings will capture wage levels, and is consistent with 
the similar DOL reporting measure under WIOA. The ``median'' is 
determined by ranking participants' incomes from lowest to highest and 
identifying the middle income amount so that there are an equal number 
of incomes higher and lower. The median income is the amount in the 
middle--half the income amounts are higher, and half are lower. For 
example, for three participants earning $1,000, $1,500 and $3,500, the 
median income is $1,500 even though the average (or mean) would be 
$2,000. Using the median income can provide a more meaningful measure 
since it shows the halfway point, rather than the average, which can be 
significantly influenced by the larger incomes at the top or very small 
incomes at the bottom of the scale.
Will E&T 100 percent grants be affected by the reported measures data?
    No. Outcome data will not affect Federal 100 percent grant funding 
for E&T programs. However, the Department retains the authority at 
Sec.  273.7(d)(1)(i)(D) to consider outcome data as part of the scope 
of impact for a State's E&T program when evaluating requests for 
additional 100 percent funds.

[[Page 15618]]

How may States fund the collection and reporting of outcome data?
    State agencies may use E&T administrative funds provided by Sec.  
273.7(d)(1) and (2) to pay for development of reporting systems as 
necessary. E&T administrative funds may also be used to meet staffing 
requirements that result from reporting measure tracking, the cost of 
follow-up with E&T participants and other aspects of the measures.
Will the Department consider unemployment rates when evaluating outcome 
data?
    The Department will not factor unemployment rates into the raw 
outcome data. Reporting measures are meant to reflect whether E&T 
programs are effective in moving participants toward employment and 
self-sufficiency. However, the Department will consider unemployment 
rates together with other important factors when looking at the unique 
challenges SNAP E&T participants face.
Should State agencies count workfare and work experience as 
unsubsidized employment?
    No. Workfare and work experience are defined as E&T components at 
section 6(d)(4) of the FNA, and participation in these components is 
captured in the FNS-583. Currently, many State agencies offer workfare 
and work experience as E&T components to provide participants with 
experience or training that will move them promptly into employment. As 
State agencies already report these activities on the FNS-583 as E&T 
components, the Department will not consider placement in such 
activities as unsubsidized employment to be included in the reporting 
measures.
Will the Department verify this data?
    The Department will not verify this information on a regular basis. 
However, FNS will review data collection methods and verify data as 
part of the ME review of States' E&T programs. This will help to ensure 
that reported data is accurate.

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, of reducing costs, of harmonizing rules, and of promoting 
flexibility.
    This interim rule has been designated a ``significant regulatory 
action,'' although not economically significant, under section 3(f) of 
Executive Order 12866. Accordingly, the rule has been reviewed by the 
Office of Management and Budget (OMB). Consistent with the requirements 
of Executive Orders 12866 and 13563, a Regulatory Impact Analysis (RIA) 
was developed for this interim rule.

Regulatory Impact Analysis

    As required for all rules that have been designated as significant 
by OMB, a RIA was developed for this interim rule. The RIA for this 
rule was published as part of the docket to this rule on 
www.regulations.gov. The following summarizes the conclusions of the 
regulatory impact analysis.
    Need for Action: This interim rule implements requirements for 
State agencies to report outcome data for SNAP E&T programs as mandated 
by Section 4022(a)(2) of the Agricultural Act of 2014. The interim rule 
establishes five separate reporting measures and requires State 
agencies to report annually outcome data to monitor the effectiveness 
of E&T programs.
    State agencies are also required to identify appropriate reporting 
measures for each proposed component that serves a threshold number of 
participants of at least 100 a year. The reporting measures for these 
components will be identified in State agencies' E&T plans and the 
outcome data will be reported to FNS in State agencies' annual reports.
    Benefits: Benefits of this action include better data to inform 
policy makers regarding means to improve E&T effectiveness, ultimately 
benefiting SNAP E&T participants. National reporting measures will 
allow State and Federal program managers and policy makers to 
strategically plan on program tactics that will result in improved 
employment outcomes. Uniform reporting measures for E&T programs will 
potentially benefit SNAP applicants and recipients by providing data to 
help evaluate what works in SNAP E&T and share best practices from 
those programs.
    Costs: FNS estimates that the costs will include one-time capital 
costs for developing new or modifying existing data collection systems 
for E&T programs, additional reporting burden for collecting and 
reporting data for the required reporting measures, and, for those 
States that need to develop new systems, annual operating and 
maintenance costs for those systems. FNS anticipates minimal burden to 
a small number of low-income families and minimal, if any, impact on 
program participation. FNS anticipates that some costs will be paid for 
using the existing federal grant money States receive to operate E&T. 
State funds spent in excess of the grant are reimbursed at a 50 percent 
rate by the Federal government.
    Effect on State Agencies: The Department has estimated that the 
effect on State agencies will be two-fold: First, a one-time capital 
cost for developing new or modifying existing data collection systems 
for E&T programs; and second, a reporting burden for collecting and 
reporting data for the required outcome measures. Those States that 
need to develop new systems may also incur annual operating and 
maintenance costs.
    Thirty-six State agencies currently have reporting measures and 
collect outcome data. However, the interim rule requires the addition 
of several data elements that none of these States are currently 
collecting.
    While it is expected that, in the first-year, State agencies will 
expend time and effort to establish reporting systems, the ongoing 
burden as shown below in the Paperwork Reduction Act section of the 
preamble is relatively moderate--about one and one-half staff-month per 
State.
    Effect on Low-Income Families: Establishing reporting requirements 
that measure E&T outcomes will ultimately allow State agencies to 
better serve low-income populations by providing them with E&T services 
that lead to longer-term unsubsidized employment opportunities. In 
addition, the Department estimates that the burden of the rule on low-
income families will be minimal. A small number of E&T participants may 
face additional reporting burden due to the need to contact these 
individuals to track outcomes that are not available through existing 
data sources.
    Participation Impacts: The Department estimates that the impact on 
SNAP participation will be minimal. Establishing reporting requirements 
that measure E&T outcomes will allow State agencies to better serve 
low-income populations by providing them with E&T services that lead to 
longer-term unsubsidized employment opportunities.

Civil Rights Impact Analysis

    The Department has reviewed this interim rule in accordance with 
Departmental Regulation 4300-4, ``Civil

[[Page 15619]]

Rights Impact Analysis,'' to identify any requirements that may have 
the purpose or effect of excluding, limiting, or otherwise 
disadvantaging any group or class of persons on one or more prohibited 
bases. After careful review of the rule's intent and provisions, and 
the characteristics of SNAP households and individual participants, the 
Department has determined that this rule will not have a disparate 
impact on any group or class of persons. The interim rule will require 
State agencies to collect and report outcome data on SNAP E&T programs 
and will not change work requirements or impact the population subject 
to work requirements. The Department specifically prohibits the State 
and local government agencies that administer the Program from engaging 
in actions that discriminate based on race, color, national origin, 
sex, religious creed, age, disability, and political beliefs. SNAP's 
nondiscrimination policy can be found at 7 CFR 272.6(a). The interim 
rule does not change these requirements.

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 will minimize any significant impacts on small 
entities. Pursuant to that review, it is certified that this interim 
rule will not have a significant impact on small entities. The 
provisions of this interim rule apply to State agencies, which are not 
small entities as defined by the Regulatory Flexibility Act.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates 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, tribal governments 
and the private sector. Under Section 202 of the UMRA, the Department 
generally must prepare a written statement, including a cost/benefit 
analysis, for 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 the UMRA 
generally requires the Department 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 interim rule contains no Federal mandates (under the 
regulatory provisions of Title II of the 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 12372

    SNAP is listed in the Catalog of Federal Domestic Assistance under 
No. 10.551. For the reasons set forth in the final rule in 7 CFR 3015, 
Subpart V and related Notice (48 FR 29115), the Program is included in 
the scope of Executive Order 12372, which requires intergovernmental 
consultation with State and local officials.

Federalism Impact Statement

    Executive Order 13132, requires Federal agencies to consider the 
impact of their regulatory actions. 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 the Executive Order 13132. This rule does not 
have Federalism impacts.
Prior Consultation With State Officials
    Currently, the Department, through FNS, has encouraged State 
agencies to establish reporting measures and to report outcome data in 
their State E&T plans. FNS informally consulted with State agencies to 
identify what E&T reporting measures and outcome data they collect in 
the absence of required reporting measures. An informal review of State 
agencies in FY 2007 showed that twenty-three State agencies had 
reporting measures and gathered outcome data on the number of E&T 
participants who entered employment. This review revealed wide 
variability in how State agencies' aggregate data, how employment was 
defined, and whether a direct link to participation in E&T was 
established. FNS reviewed FY 2013 State agency E&T plans and found that 
thirty-six State agencies track the number of E&T participants that 
enter employment. The interim rule will standardize the reporting 
measures that State agencies use and what outcome data State agencies 
report.
Nature of Concerns and the Need To Issue This Rule
    As modified by the Agricultural Act of 2014, section 16(h)(5) of 
the FNA requires that the Department monitor SNAP E&T programs and 
measure their effectiveness. In addition, the Government Performance 
and Results Act of 1993 (GPRA) requires that performance indicators be 
used to measure the outcome of government programs. Finally, a 2008 
audit by the USDA Office of Inspector General (OIG) found that FNS had 
sufficient systems in place to monitor State agency compliance and 
administration with laws and regulations, but recommended FNS establish 
reporting measures for the SNAP E&T program and require State agencies 
to submit outcome data to determine the Program's effectiveness.
    This rule establishes standardized reporting measures and requires 
State agencies to report outcome data for the SNAP E&T program. The 
Department published a proposed rule establishing performance measures 
in 1991 (FR 43152, August 30, 1991). At that time, many State agencies 
and advocates responded that the rule would impose an unreasonable 
burden on State agencies. The Department did not codify that proposed 
rule. While State agencies may have similar concerns today, other 
Federal work programs, such as the Workforce Innovation and Opportunity 
Act (WIOA) and the Wagner-Peyser Act (WPA), have established 
standardized performance indicators and State workforce investment 
boards have more experience tracking entered employment, retention and 
earnings. By implementing Section 16(h)(5) of the FNA, the Department 
is following the lead of other Federal agencies and establishing 
standardized reporting measures and requiring State agencies to report 
outcome data in order to evaluate the effectiveness of E&T programs.
Extent to Which We Met Those Concerns
    The Department has considered the impact of the interim rule on 
State and local agencies. This rule will implement reporting measures 
that are required by law and require the reporting of outcome data. The 
provisions in this rule are similar to the current practice of at least 
thirty-six State agencies. FNS will work with the remaining State 
agencies to provide guidance and technical assistance in meeting the 
requirements of this rule.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    This rule has been reviewed in accordance with the requirements of 
Executive Order 13175, ``Consultation and Coordination with Indian 
Tribal Governments.'' 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

[[Page 15620]]

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.
    Currently, only two State SNAP E&T programs include partnerships or 
activities with Tribal organizations. On February 29, 2012, during a 
Tribal consultation, the Department explained the existing section 
16(h)(5) of the FNA which required the Department to monitor and 
measure the effectiveness of E&T programs, and FNS's intention to write 
a proposed rule on E&T reporting measures and the reporting of outcome 
data. The Department invited Tribal officials or their designees to ask 
questions about the impact of a proposed rule on Tribal governments, 
communities, and individuals. The Department did not receive any 
comments or questions on its intention to write that rule. 
(Subsequently, the Agricultural Act of 2014 passed, which expanded the 
requirements and authority under section 16(h)(5) of the FNA, and 
included a requirement that the Department publish an interim rule 
identifying national reporting measures.) This session established a 
baseline of consultation for future actions, should any be necessary, 
regarding this rule. Reports from the Tribal consultation session will 
be made part of the Department's annual reporting on Tribal 
Consultation and Collaboration. The Department will provide additional 
venues, such as webinars and teleconferences, to periodically host 
collaborative conversations with Tribal leaders and their 
representatives concerning ways to improve this rule in Indian country. 
FNS has assessed the impact of this rule on Indian tribes and 
determined that this rule has tribal implications that require tribal 
consultation under E.O. 13175 and has consulted with Tribes as 
described above. If a Tribe requests consultation, FNS will work with 
the Office of Tribal Relations to ensure meaningful consultation is 
provided where changes, additions and modifications identified herein 
are not expressly mandated by Congress.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule is intended to have preemptive effect with 
respect to any State or local laws, regulations or policies that 
conflict with its provisions or that will otherwise impede its full 
implementation. This rule is not intended to have retroactive effect 
unless so specified in the ``Effective Date'' paragraph of this rule. 
Prior to any judicial challenge to the provisions of this rule or the 
application of its provisions, all applicable administrative procedures 
must be exhausted.

E-Government Act Compliance

    The Department 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.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35; see 5 
CFR part 1320) requires that OMB approve all collections of information 
by a Federal agency from the public 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 
interim rule contains new provisions that will affect reporting and 
recordkeeping burdens. Section 271.8 has been amended to reflect the 
new reporting requirements. The changes in burden that will result from 
the provisions in the interim rule are described below, and are subject 
to review and approval by OMB. When the information collection 
requirements have been approved, the Department will publish a separate 
action in the Federal Register announcing OMB's approval.
    Written comments on the information collection in this interim rule 
must be received by May 23, 2016. Comments are invited on: (1) Whether 
the collection of information is necessary for the proper performance 
of the Agency's functions, including whether the information will have 
practical utility; (2) the accuracy of the Agency's estimate of the 
information collection burden, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility and clarity of the information to be collected; and (4) ways to 
minimize the burden of the collection of information on those who are 
to respond, including use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    Comments may be sent to Moira Johnston, at the address listed in 
the ADDRESSES section of this preamble. Comments will also be accepted 
through the Federal eRulemaking Portal. Go to http://www.regulations.gov, and follow the online instructions for submitting 
comments electronically. For further information, or for copies of the 
information collection requirements, please contact Ms. Johnston.
    All responses to this request for comments will be summarized and 
included in the request for OMB approval. All comments will also become 
a matter of public record.
    Title: SNAP: Employment and Training Program Monitoring, Oversight 
and Reporting Measures.
    OMB Number: [0584--NEW].
    Expiration Date: Not Yet Determined.
    Type of Request: New Collection.
    Abstract: As required by the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)), FNS is submitting this information collection to OMB 
for its review. The interim rule will require State agencies to collect 
and report information on: (1) The number and percentage of E&T 
participants who are in unsubsidized employment during the second 
quarter after completion of participation in E&T; (2) The number and 
percentage of E&T participants who are in unsubsidized employment 
during the fourth quarter after completion of participation in E&T; (3) 
Median quarterly earnings of all E&T participants who worked in 
unsubsidized employment during the second quarter after completion of 
participation in E&T; (4) The total number and percentage of 
participants that complete a training, educational, work experience or 
an on-the-job training component; and (5) certain unique 
characteristics of SNAP E&T participants that will provide information 
on the challenges they face in obtaining employment.
    The rule also requires State agencies to identify appropriate 
reporting measures for each proposed component that serves a threshold 
number of participants of at least 100 a year. The reporting measures 
for each component will be identified in States' E&T plans and the 
outcome data will be reported to FNS in their annual reports. 
Additionally, the rule requires that State agencies that have committed 
to offering all ABAWDs at risk of losing eligibility due to time-
limited participation a slot in a qualifying activity and have received 
an additional allocation of funds, to report information regarding the 
use of those funds.
    Respondents: The 53 State agencies that administer the SNAP E&T 
program.
    Estimated Number of Responses per Respondent: One response per year 
for each State agency that administers the SNAP E&T program. States 
agencies will be required to report their outcome data annually.

[[Page 15621]]

    Current status: Thirty-six State agencies currently identify 
reporting measures and collect outcome data. However, the interim rule 
requires the addition of several data elements that these State 
agencies are not currently collecting. While the Department believes 
that some of these State agencies may continue to use the systems they 
already have in place with modifications to meet the provisions of this 
rule, others may decide to implement new systems to meet the increase 
in data that is required to be reported to FNS. The remaining 17 State 
agencies that do not have reporting measures in place will all need to 
develop systems to collect and report the required data. In the first 
year that the rule is published, State agencies will need to develop 
E&T data collection systems, reprogram existing systems, build 
interfaces between SNAP eligibility and SNAP E&T data collection 
systems and decide what data will be collected manually.
    Effect on State Agencies: The Department has estimated that the 
effect on State Agencies will be two-fold: First, a one-time capital 
cost for developing new or modifying existing data collection systems 
for E&T programs; and second, a reporting burden for collecting and 
reporting data for the required reporting measures. Those States that 
need to develop new systems may also incur annual operating and 
maintenance costs.
    Prior to implementation: In the first year that the rule is 
published, States may develop new SNAP E&T systems, reprogram existing 
systems, build interfaces between SNAP eligibility and SNAP E&T 
systems, and/or decide what data will be collected manually. For 
several of the measures (e.g., employment, earnings, characteristics of 
E&T participants) State agencies' could use a variety of sources to 
obtain administrative data, such as SNAP automated eligibility systems. 
The Department anticipates that some State agencies will rely on 
government entities with which they already have agreements and will 
need to renegotiate those agreements.
    Given the different size and complexity of States' E&T programs, 
variations in their E&T data systems, capabilities of their SNAP 
eligibility systems, and experience with reporting measures, it is not 
possible to develop a reliable estimate of the burden this rule places 
on State agencies to implement. Because of the uncertainties 
surrounding the exact methods States will use to collect and submit 
outcome data, we are requesting that States comment specifically on 
their potential capital start-up and operating and maintenance costs 
based upon consultation with potential data sources. After internal 
discussions with FNS regional office and State systems staff, FNS 
assumes an estimate of three staff-months (520 hours) per State to 
establish data collection and reporting systems to implement this rule, 
at a cost of approximately $1.2 million. This estimate of initial 
burden is a placeholder until FNS receives comments from States on 
their estimate of the time it will take to implement.

                           Estimated Initial Reporting and Recordkeeping Burden Hours
----------------------------------------------------------------------------------------------------------------
                                                                                   Number of
           Description of activity               Number of       Total annual     burden hours     Total burden
                                                respondents       responses       per response        hours
----------------------------------------------------------------------------------------------------------------
One-time capital start-up and operating and               53               53              520           27,560
 maintenance costs..........................
----------------------------------------------------------------------------------------------------------------

    Annual ongoing burden from rule: While it is expected that in the 
first year State agencies will expend more time and effort to establish 
reporting systems, the ongoing burden as shown below is relatively 
moderate--about one and one half staff-month per State. The following 
estimates assume that State agencies will use a combination of methods 
to collect the data including existing automated systems data, new data 
collection, and some contact with SNAP E&T participants. In the 
regulatory impact analysis accompanying this rule, FNS estimates that 
the ongoing additional time burden will average no more than about 231 
hours annually per State (about one and a half staff-months) on average 
(12,233 hours per year for all States), or less than $1 million in 
total. The breakdown of the 231 hours is itemized in the table below. 
FNS believes this estimate may be somewhat high since data that can be 
collected through automated data systems is expected to require less 
time than data collected through direct contact with SNAP E&T 
participants.

                                               Estimated Ongoing Reporting and Recordkeeping Burden Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                          Average burden
            Regulation section                 Description of activity       Number of    Annual report/   Total annual      hours per     Total burden
                                                                            respondents    record filed      responses       response          hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
272.1(f) Recordkeeping....................  ............................              53               1              53               1              53
273.7(c)(17)(i) Reporting.................  E&T participants who have                 53               1              53              40           2,120
                                             earnings in the second
                                             quarter after completion of
                                             E&T.
273.7(c)(17)(ii) Reporting................  E&T participants who have                 53               1              53              40           2,120
                                             earnings in the fourth
                                             quarter after completion of
                                             E&T.
273.7(c)(17)(iii) Reporting...............  Median quarterly earnings...              53               1              53              40           2,120
273.7(c)(17)(iv) Reporting................  E&T participants that                     45               1              45              80           3,600
                                             completed a training,
                                             educational, work
                                             experience or an on-the-job
                                             training component within 6
                                             months after completion of
                                             participation in E&T.

[[Page 15622]]

 
273.7(c)(17)(v) & (vi) Reporting..........  Characteristics of E&T                    53               1              53              20           1,060
                                             participants, some broken
                                             out by 4 above measures.
273.7(c)(17)(vii) Reporting...............  Measures in a State                       53               1              53              20           1,060
                                             agencies' E&T plan for
                                             components that are
                                             designed to serve at least
                                             100 E&T participants a year.
273.7(c)(17)(viii) Reporting..............  Information about ABAWDs                  10               1              10              10             100
                                             from State agencies that
                                             have committed to offering
                                             them participation in a
                                             qualifying activity.
                                                                         -------------------------------------------------------------------------------
    Total Reporting.......................  ............................              53               7             320              38          12,180
                                                                         -------------------------------------------------------------------------------
    Total Recordkeeping...................  ............................              53               1              53               1              53
--------------------------------------------------------------------------------------------------------------------------------------------------------


   Summary of Ongoing Burden (In Addition to OMB #0584--New) 7 CFR 273
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total No. Respondents..........................................       53
Average No. Responses per Respondent...........................        7
Total Annual Responses.........................................      373
Average Hours per Response.....................................     32.8
Total Burden Hours for Part 273 With Interim Rule..............   12,233
------------------------------------------------------------------------

    In addition to potential capital start-up and operating and 
maintenance costs, we are requesting that States comment specifically 
on our burden estimates.

List of Subjects

7 CFR Part 271

    Food stamps, Grant programs--social programs, Reporting and 
recordkeeping requirements.

7 CFR Part 273

    Administrative practice and procedure, Aliens, Claims, Education 
and employment, Fraud, Grant programs--social programs, Reporting and 
recordkeeping requirements, Supplemental Nutrition Assistance Program.

    For reasons set forth in the preamble, 7 CFR parts 271 and 273 are 
amended as follows:

0
1. The authority citation for 7 CFR parts 271 and 273 continues to read 
as follows:

    Authority: 7 U.S.C. 2011-2036.

PART 271--GENERAL INFORMATION AND DEFINITIONS

0
2. In Sec.  271.8, amend the table by adding an entry for Sec.  
273.7(c)(16) in alphanumeric order to read as follows:


Sec.  271.8  Information collection/recordkeeping--OMB assigned control 
numbers.

------------------------------------------------------------------------
   7 CFR section where requirements are
                 described                     Current OMB Control No.
------------------------------------------------------------------------
 
                                * * * * *
273.7(c)(16)..............................  0584--New.
 
                                * * * * *
------------------------------------------------------------------------

PART 273--CERTIFICATION OF ELIGIBLE HOUSEHOLDS

0
3. Amend Sec.  273.7 as follows:
0
a. Add paragraph (c)(6)(xvii); and
0
b. Add paragraphs (c)(16) and (17).
    The additions read as follows:


Sec.  273.7  Work provisions.

* * * * *
    (c) * * *
    (6) * * *
    (xvii) For each component that is expected to include 100 or more 
participants, reporting measures that the State will collect and 
include in the annual report in paragraph (c)(17) of this section. Such 
measures may include:
    (A) The percentage and number of program participants who received 
E&T services and are in unsubsidized employment subsequent to the 
receipt of those services;
    (B) The percentage and number of participants who obtain a 
recognized credential, a registered apprenticeship, or a regular 
secondary school diploma (or its recognized equivalent), while 
participating in, or within 1 year after receiving E&T services;
    (C) The percentage and number of participants who are in an 
education or training program that is intended to lead to a recognized 
credential, a registered apprenticeship an on-the-job training program, 
a regular secondary school diploma (or its recognized equivalent), or 
unsubsidized employment;
    (D) Measures developed to assess the skills acquisition of E&T 
program participants that reflect the goals of the specific components 
including the percentage and number of participants who are meeting 
program requirements or are gaining skills likely to lead to 
employment; and
    (E) Other indicators approved by FNS in the E&T State plan.
* * * * *
    (16) FNS may require a State agency to make modifications to its 
SNAP E&T plan to improve outcomes if FNS determines that the E&T 
outcomes are inadequate.
    (17) The State agency shall submit an annual E&T report by January 
1 each year that contains the following information for the Federal 
fiscal year ending the preceding September 30.
    (i) The number and percentage of E&T participants and former 
participants who are in unsubsidized employment during the second 
quarter after completion of participation in E&T.
    (ii) The number and percentage of E&T participants and former 
participants who are in unsubsidized employment during the fourth 
quarter after completion of participation in E&T.
    (iii) Median average quarterly earnings of the E&T participants and 
former participants who are in unsubsidized employment during the 
second quarter after completion of participation in E&T.
    (iv) The total number and percentage of participants that completed 
an educational, training work experience or an on-the-job training 
component.

[[Page 15623]]

    (v) The number and percentage of E&T participants who:
    (A) Are voluntary vs. mandatory participants;
    (B) Have received a high school degree (or GED) prior to being 
provided with E&T services;
    (C) Are ABAWDs;
    (D) Speak English as a second language;
    (E) Are male vs. female
    (F) Are within each of the following age ranges: 16-17, 18-35, 36-
49, 50-59, 60 or older.
    (vi) Of the number and percentage of E&T participants reported in 
paragraphs (c)(17)(i) through (iv) of this section, a disaggregation of 
the number and percentage of those participants and former participants 
by the characteristics listed in paragraphs (c)(17)(v)(A), (B), and (C) 
of this section.
    (vii) Reports for the measures identified in a State's E&T plan 
related to components that are designed to serve at least 100 
participants a year; and
    (viii) States that have committed to offering all at-risk ABAWDs 
participation in a qualifying activity and have received an additional 
allocation of funds as specified in Sec.  273.7(d)(3) shall include:
    (A) The monthly average number of individuals in the State who meet 
the conditions of Sec.  273.7(d)(3)(i);
    (B) The monthly average number of individuals to whom the State 
offers a position in a program described in Sec.  273.24(a)(3) and (4);
    (C) The monthly average number of individuals who participate in 
such programs; and
    (D) A description of the types of employment and training programs 
the State agency offered to at risk ABAWDs and the availability of 
those programs throughout the State.
    (ix) States may be required to submit the annual report in a 
standardized format based upon guidance issued by FNS.
* * * * *

    Dated: March 18, 2016.
Kevin Concannon,
Under Secretary, Food, Nutrition, and Consumer Services.
[FR Doc. 2016-06549 Filed 3-23-16; 8:45 am]
BILLING CODE 3410-30-P



                                                                                                                                                                                                              15613

                                                  Rules and Regulations                                                                                         Federal Register
                                                                                                                                                                Vol. 81, No. 57

                                                                                                                                                                Thursday, March 24, 2016



                                                  This section of the FEDERAL REGISTER                       Implementation Date: Upon clearance                What acronyms or abbreviations are
                                                  contains regulatory documents having general            by OMB of the associated information                  used in this supplementary discussion?
                                                  applicability and legal effect, most of which           collection requirements, States shall
                                                  are keyed to and codified in the Code of                                                                        In the discussion of the provisions in
                                                                                                          include reporting measures in the E&T                 this rule, the following acronyms or
                                                  Federal Regulations, which is published under           State Plans for the first full fiscal year
                                                  50 titles pursuant to 44 U.S.C. 1510.                                                                         other abbreviations stand in for certain
                                                                                                          that begins not earlier than September                words or phrases:
                                                  The Code of Federal Regulations is sold by              20, 2016.
                                                  the Superintendent of Documents. Prices of                 Comment Date: Written comments                                                             Acronym,
                                                  new books are listed in the first FEDERAL               must be received on or before May 23,                              Phrase                    abbreviation,
                                                  REGISTER issue of each week.                            2016.                                                                                         or symbol
                                                                                                          ADDRESSES: The Food and Nutrition                     Able-Bodied Adults Without            ABAWDs.
                                                                                                          Service (FNS) invites interested persons                Dependents.
                                                  DEPARTMENT OF AGRICULTURE                               to submit comments on this interim                    Code of Federal Regula-               CFR.
                                                  Food and Nutrition Service                              rule. Comments may be submitted by                      tions.
                                                                                                          any of the following methods:                         Employment and Training ...           E&T.
                                                                                                             Federal eRulemaking Portal: Preferred              Federal Register ..................   FR.
                                                  7 CFR Parts 271 and 273                                                                                       Federal Fiscal Year .............     FY.
                                                                                                          method. Go to http://
                                                                                                                                                                Food and Nutrition Act of             the FNA.
                                                  RIN 0584–AE33                                           www.regulations.gov; follow the online
                                                                                                                                                                  2008, as amended.
                                                                                                          instructions for submitting comments.                 Food and Nutrition Service            FNS.
                                                  Supplemental Nutrition Assistance                          FAX: Submit comments by facsimile                  Food, Conservation and En-            FCEA.
                                                  Program (SNAP): Employment and                          transmission to (703) 305–2486,                         ergy Act of 2008 (Pub. L.
                                                  Training Program Monitoring,                            attention: Moira Johnston, Director,                    110–246).
                                                  Oversight and Reporting Measures                        Office of Employment and Training,                    Secretary of the U.S. De-             Secretary.
                                                                                                          SNAP.                                                   partment of Agriculture.
                                                  AGENCY:  Food and Nutrition Service,                       Web site: Go to http://                            Section (when referring to            §.
                                                  USDA.                                                   www.fns.usda.gov. Follow the online                     Federal Regulations).
                                                  ACTION: Interim rule.                                                                                         Supplemental Nutrition As-            SNAP.
                                                                                                          instructions for submitting comments                    sistance Program.
                                                                                                          through the link at the SNAP Web site.                U.S. Department of Agri-              the Depart-
                                                  SUMMARY:   Section 4022 of the
                                                                                                             Email: Send comments to SNAP-Ed@                     culture.                              ment.
                                                  Agricultural Act of 2014 requires that,
                                                                                                          fns.udsa.gov. Include Docket ID Number                U.S. Department of Labor ...          DOL.
                                                  not later than 18 months after the date
                                                                                                          FNS–2011–0026, Supplemental                           Workforce Innovation and              WIOA.
                                                  of enactment, USDA (the Department)
                                                                                                          Nutrition Assistance Program:                           Opportunity Act.
                                                  shall issue an interim final rule
                                                                                                          Employment and Training Employment
                                                  implementing the amendments made by
                                                                                                          and Training Program Monitoring,                      Background
                                                  subsection (a)(2). Pursuant to that
                                                                                                          Oversight and Reporting Measures
                                                  requirement, this rule implements the                                                                         What is the SNAP E&T program?
                                                                                                          Interim Rule in the subject line of the
                                                  employment and training (E&T)                                                                                    Section 6(d)(4) of the FNA requires
                                                                                                          message.
                                                  provisions of section 4022(a)(2) of the                                                                       that each State agency implement an
                                                                                                             Mail: Send comments to Moira
                                                  Agricultural Act of 2014. Section                                                                             E&T program designed to help members
                                                                                                          Johnston, Director, Office of
                                                  4022(a)(2) of the Agricultural Act of                                                                         of SNAP households gain skills,
                                                                                                          Employment and Training, SNAP, FNS,
                                                  2014 provides the Department                                                                                  training, employment, or experience
                                                                                                          U.S. Department of Agriculture, 3101
                                                  additional oversight authority of State                                                                       that increase participants’ ability to
                                                                                                          Park Center Drive, Room 806,
                                                  agencies’ administration of the                                                                               obtain regular employment. State
                                                                                                          Alexandria, Virginia 22302.
                                                  Supplemental Nutrition Assistance                                                                             agencies may include one or more of the
                                                  Program (SNAP) E&T program. In                             Hand delivery or Courier: Deliver
                                                                                                          comments to Ms. Johnston at the above                 following components in their E&T
                                                  addition, it requires the Department to                                                                       program: Job search, job search training,
                                                  develop national reporting measures                     address. All comments on this interim
                                                                                                          rule will be included in the record and               workfare, work experience, work
                                                  and for State agencies to report outcome                                                                      training, basic education programs, self-
                                                  data to the Department. It also requires                will be made available to the public.
                                                                                                          Please be advised that the substance of               employment training programs, job
                                                  that the Department monitor and assess                                                                        retention services, and other programs
                                                  State agencies’ E&T programs, and                       the comments and the identity of the
                                                                                                          individuals or entities submitting the                as approved by the Secretary. State
                                                  provides the Department with the                                                                              agencies submit E&T plans that outline
                                                  authority to require State agencies to                  comments will be subject to public
                                                                                                          disclosure. The Department will make                  planned components and budgets to
                                                  make improvements to their programs                                                                           FNS for approval annually.
                                                                                                          the comments publicly available on the
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                                                  as necessary. Finally, State agencies are
                                                  required to submit reports on the impact                Internet via http://www.regulations.gov.              How is SNAP E&T funded?
                                                  of certain E&T components and, in                       FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                   The Department funds SNAP E&T
                                                  certain States, the E&T services                        Moira Johnston, Director, Office of                   programs through $90 million in E&T
                                                  provided to able-bodied adults without                  Employment and Training, at the above                 grants and an additional $20 million in
                                                  dependents (ABAWDs).                                    address or by telephone at (703) 305–                 grants for State agencies that pledge to
                                                  DATES: Effective Date: This rule will
                                                                                                          2515.                                                 serve all ABAWDs at-risk of losing
                                                  become effective May 23, 2016.                          SUPPLEMENTARY INFORMATION:                            eligibility due to time-limited


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                                                  15614             Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Rules and Regulations

                                                  participation. In addition to these                        • The Department monitor State E&T                 What national reporting measures does
                                                  grants, the Department reimburses State                 programs and assess their effectiveness;              this rule establish?
                                                  agencies for 50 percent of approved                        • State agencies submit an annual                     After consultation with the DOL, the
                                                  administrative costs beyond the E&T                     report on their E&T programs that                     Department is establishing the following
                                                  grant and for 50 percent of allowable                   includes the number of participants                   national reporting measures and
                                                  participant expenses, such as                           who have gained skills, training, work,               requiring State agencies to report
                                                  transportation and dependent care.                      or experience that will increase their                outcome data based on these measures.
                                                  Is participation in SNAP E&T                            ability to obtain regular employment;                 These reporting measures are similar to
                                                  mandatory?                                                 • The Department may require a State               the performance indicators for the core
                                                                                                          agency to make modifications to its E&T               programs in WIOA, but reflect the intent
                                                     SNAP work registrants not otherwise                                                                        of the Agricultural Act of 2014, the
                                                  exempted by the State agency must                       plan if it determines that the State
                                                                                                          agencies’ E&T outcomes are inadequate.                unique characteristics of the SNAP E&T
                                                  participate in a SNAP E&T component                                                                           program and its participants, the
                                                  if referred by the State agency. E&T                       These provisions will provide the
                                                                                                          Department with more information                      required frequency of reporting, and
                                                  programs may be mandatory or                                                                                  how the Department will use the data.
                                                  voluntary. In a mandatory program,                      about the States with effective SNAP
                                                                                                                                                                The reporting measures include:
                                                  failure to comply without good cause,                   E&T programs and promising practices,
                                                                                                                                                                   • The number and percentage of E&T
                                                  results in disqualification from SNAP                   and help identify those States that need              participants and former participants
                                                  for a minimum sanction period which                     technical assistance to improve their                 who are in unsubsidized employment
                                                  can vary depending upon State policy.                   programs.                                             during the second quarter after
                                                  Except in the case of permanent                            Section 4022 of the Agricultural Act               completion of participation in E&T;
                                                  disqualification, an individual may                     of 2014 also requires the Department to                  • The number and percentage of E&T
                                                  resume SNAP participation after the                     carry out up to 10 SNAP E&T pilot                     participants and former participants
                                                  sanction period expires and/or the                      projects and to evaluate the SNAP E&T                 who are in unsubsidized employment
                                                  individual complies with work                           program nationally at least once every                during the fourth quarter after
                                                  requirements (whichever is later). State                five years. This interim rule does not                completion of participation in E&T;
                                                  agencies may also serve voluntary E&T                   address these last two issues.                           • The median quarterly earnings of
                                                  participants. Voluntary E&T participants                                                                      all the E&T participants and former
                                                                                                          Reporting Measures
                                                  are not subject to disqualification from                                                                      participants who are in unsubsidized
                                                  SNAP for failure to comply with a                       What does Section 4022(a)(2) of the                   employment during the second quarter
                                                  SNAP E&T component.                                     Agricultural Act of 2014 require the                  after completion of participation in E&T;
                                                                                                          Department to do in developing national               and
                                                  The Agricultural Act of 2014                                                                                     • The number and percentage of
                                                                                                          reporting measures?
                                                     This interim rule implements section                                                                       participants that completed a training,
                                                  4022(a)(2) of the Agricultural Act of                      Section 4022(a)(2) amended section                 educational, work experience or an on-
                                                  2014. Even though the reporting                         16(h)(5)(B)(i) and (ii) of the FNA to                 the-job training component.
                                                  requirements of this rule must be                       require the Department to develop
                                                                                                          national reporting measures for States                What additional reporting measures
                                                  implemented by the beginning of first
                                                                                                          within the following requirements:                    does Section 4022(a)(2) of the
                                                  full fiscal year 180 days after
                                                                                                                                                                Agricultural Act of 2014 require that
                                                  publication of this rule, the Department                   • The Department, in consultation
                                                                                                                                                                State agencies include in their E&T
                                                  is soliciting comments on this rule. The                with the Secretary of Labor, must
                                                                                                                                                                plans?
                                                  Department believes that it would                       develop State reporting measures that
                                                  benefit from the public’s comments                      identify improvements in the skills,                     Section 4022(a)(2) amended section
                                                  before publishing a final rule.                         training, education, or work experience               16(h)(5)(B)(ii) of the FNA to require
                                                                                                          of members of households participating                each State agency’s E&T plan to identify
                                                  Why is the Department publishing this                                                                         appropriate reporting measures for each
                                                                                                          in SNAP;
                                                  interim rule rather than a proposed and                                                                       proposed component that serves a
                                                  then final rule?                                           • The measures must be based on
                                                                                                                                                                threshold number of participants of at
                                                                                                          common measures of performance for
                                                     Section 4022(a)(3)(A) of the                                                                               least 100 per year. State agencies will
                                                                                                          Federal workforce training programs;
                                                  Agricultural Act of 2014 requires that                                                                        report the outcome data in their annual
                                                                                                          and
                                                  ‘‘Not later than 18 months after the date                                                                     reports to FNS. The Department has
                                                  of enactment of this Act, the Secretary                    • The measures must include                        adopted 100 per year because this is
                                                  shall issue interim final regulations                   additional indicators that reflect the                consistent with the minimum in the
                                                  implementing the amendments made by                     challenges facing the types of members                Agricultural Act of 2014. The
                                                  subsection (a)(2).’’                                    of households participating in SNAP                   Department is particularly interested in
                                                                                                          who participate in a specific E&T                     receiving comments about the reporting
                                                  What does the Agricultural Act of 2014                  component.                                            measures themselves, as well as the
                                                  require in regards to SNAP E&T?                                                                               appropriateness of this threshold.
                                                                                                          Has the Department consulted with the
                                                     Section 4022 of the Agricultural Act                 Department of Labor (DOL) in the                         Because State agencies have broad
                                                  of 2014 amends section 16(h)(5) of the                  development of this rule?                             flexibility in what E&T components they
                                                  FNA, to provide that:                                                                                         offer and how they structure their
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                                                     • The Department develop                               Yes. In addition to consulting with                 activities, the Department is not
                                                  standardized reporting measures for                     and reviewing DOL’s current                           prescribing national reporting measures
                                                  E&T programs;                                           performance measures, the Department                  for specific components. Instead, the
                                                     • States agencies’ annual E&T plans                  examined and discussed the                            Department encourages State agencies,
                                                  must identify additional reporting                      performance indicators included in                    in designing their E&T component
                                                  measures for each E&T component that                    WIOA (visit http://www.doleta.gov/                    measures, consider the measures that
                                                  is intended to serve at least 100                       wioa/ for more information on this                    are suggested in the Agricultural Act of
                                                  participants a year;                                    legislation).                                         2014, which may include:


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                                                                    Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Rules and Regulations                                         15615

                                                     • The percentage and number of                       employment history, or intangibles such               the four national reporting measures
                                                  program participants who received E&T                   as substance abuse or mental health                   described above. These characteristics
                                                  services and are in unsubsidized                        problems. The Department is interested                are: Voluntary or mandatory
                                                  employment subsequent to the receipt                    in understanding the effectiveness of                 participation in E&T, those with low
                                                  of those services;                                      certain approaches with populations                   education attainment, and those who
                                                     • The percentage and number of                       facing different barriers; however, this              are ABAWDs. A participant may have
                                                  participants who obtain a recognized                    can be difficult to ascertain given that              more than one characteristic (e.g., may
                                                  credential, including a registered                      the complex nature of these challenges.               be a voluntary participant who is also
                                                  apprenticeship, or a regular secondary                     The Department believes that to have               an ABAWD). The Department believes
                                                  school diploma or its recognized                        a better understanding of the                         obtaining data on those participants and
                                                  equivalent, while participating in, or                  effectiveness of SNAP E&T it must have                former participants included in the
                                                  within 1 year after receiving, E&T                      a more complete picture of the                        national reporting measures who have
                                                  services;                                               population it is serving. The Department              these three characteristics is critical to
                                                     • The percentage and number of                       has very little detailed information on               the development of effective strategies
                                                  participants who are in an education or                 the characteristics of SNAP E&T                       to serve these populations. Therefore,
                                                  training program that is intended to lead               participants. There are no existing                   the rule requires that for each national
                                                  to a recognized credential, including a                 reporting requirements or other                       reporting measure States must submit
                                                  registered apprenticeship or on-the-job                 mechanisms to collect this information.               summary data that disaggregate the four
                                                  training program, a regular secondary                   Therefore, in order to better serve SNAP              national measures by the following
                                                  school diploma or its recognized                        E&T participants, this rule requires State            three characteristics.
                                                  equivalent, or unsubsidized                             agencies to report the following six                    • Individuals who are or were
                                                  employment;                                             characteristics for all E&T participants.             voluntary vs. mandatory participants;
                                                     • Measures developed by each State                   The report will include the total number                • participants having achieved a high
                                                  agency to assess the skills acquisition of              and percentage of all E&T participants                school degree (or GED) prior to being
                                                  employment and training program                         who:                                                  provided with E&T services; and
                                                  participants that reflect the goals of the                 • Are voluntary vs. mandatory;                       • participants who are or were
                                                  specific employment and training                           • have achieved a high school degree               ABAWDs;
                                                  program components of the State                         (or GED) prior to being provided with                   Thus, to illustrate, States will be
                                                  agency, which may include:                              E&T services;                                         required to report the total number and
                                                     Æ The percentage and number of                          • are ABAWDs;                                      percentage of E&T participants and
                                                  participants who are meeting program                       • speak English as a second language;              former participants in unsubsidized
                                                  requirements in each component of the                      • are male vs. female; and                         employment during Q2 after
                                                  education and training program of the                      • belong in the following age ranges:              participation in E&T and the number
                                                  State agency;                                           16–17, 18–35, 36–49, 50–59, 60 or older.              and percentage of those participants
                                                     Æ The percentage and number of                          For example, if a State had 10,000                 who were mandatory and voluntary. If
                                                  participants who are gaining skills                     E&T participants in a year, 2,000 of                  the State had 1,000 out of 10,000 E&T
                                                  likely to lead to employment as                         which were voluntary and 8,000                        participants and former participants
                                                  measured through testing, quantitative                  mandatory, these numbers would be                     employed in the second quarter
                                                  or qualitative assessment, or other                     reported along with the 20 and 80                     following completion of E&T (10
                                                  method; and                                             percentages. State agencies currently                 percent) and of the 1,000, 300 were
                                                     Æ The percentage and number of                       collect most of this information as part              voluntary and 700 were mandatory,
                                                  participants who do not comply with                     of the application and it should be                   these numbers would be reported along
                                                  employment and training requirements                    available through their eligibility                   with the percentages.
                                                  and who are ineligible under section                    systems or SNAP E&T tracking systems.                   Furthermore, in addition to reporting
                                                  6(b); and                                               This will not require additional                      the median quarterly earnings of all the
                                                     Æ Other indicators approved by the                   reporting on the part of the SNAP                     E&T participants and former
                                                  Secretary.                                              recipient.                                            participants, States will be required to
                                                                                                                                                                report this outcome measure for the
                                                  Is the Department required to approve                   Section 16(h)(5)(B)(ii) of the FNA, as
                                                                                                                                                                following subgroups: Voluntary
                                                  State agencies’ reporting measures for                  amended by the Agricultural Act of
                                                                                                                                                                participants, mandatory participants,
                                                  each component?                                         2014, requires that the national
                                                                                                                                                                those who have achieved a high school
                                                                                                          reporting measures developed by the
                                                     Yes. FNS will work with State                                                                              degree (or GED) prior to being provided
                                                                                                          Department include additional
                                                  agencies to identify appropriate                                                                              with E&T services, and ABAWDs.
                                                                                                          indicators that reflect the challenges
                                                  reporting measures for each component.
                                                                                                          facing the types of members of                        Are the SNAP E&T reporting measures
                                                  State agencies must include the
                                                                                                          households participating in SNAP who                  based on the performance indicators for
                                                  reporting measures for individual
                                                                                                          participate in a specific employment                  core workforce programs included in
                                                  components in their E&T plans, which
                                                                                                          and training component. What are these                WIOA?
                                                  must be submitted and approved by
                                                                                                          indicators and for which SNAP E&T                       WIOA established primary indicators
                                                  FNS on an annual basis.
                                                                                                          participants must State agencies report               of performance for the core programs
                                                  Will State agencies be required to report               these indicators?                                     related to employment, earnings,
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                                                  additional information on the                             Of the above six characteristics                    credential attainment/measureable skills
                                                  characteristics of SNAP E&T                             required to be reported of all SNAP E&T               gains as they relate to gaining/retaining
                                                  participants?                                           participants, the Department has                      employment, and serving employers.
                                                     The SNAP work registrant population,                 identified three that it believes are most            The SNAP E&T reporting measures
                                                  like the general SNAP population, is                    important to understanding the                        required by this rule are closely aligned
                                                  very diverse and faces a myriad of                      challenges to employment faced by                     with, but not identical to, those in
                                                  challenges to employment, such as                       those SNAP E&T participants and                       WIOA. The variations can be attributed
                                                  measurable educational attainment and                   former participants who are included in               to: (1) Difference in the required


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                                                  15616             Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Rules and Regulations

                                                  frequency of reporting (the Agricultural                most promising practices for State                      • The number of individuals who
                                                  Act of 2014 requires a single annual                    agencies that want to improve their                   participate in such programs; and
                                                  report whereas the WIOA proposed                        SNAP E&T programs. The Department                       • A description of the types of
                                                  regulations would require quarterly                     will use the data on educational                      employment and training programs the
                                                  reports and an annual report); (2)                      attainment in a similar way, while the                State agency offered to at-risk ABAWDs,
                                                  difference in data needs; and (3) seeking               data regarding the characteristics of E&T             and the availability of those programs
                                                  a balance between value of information                  participants will help the Department                 throughout the State.
                                                  obtained and the burden of longer term                  and States better understand the relative             What does the Agricultural Act of 2014
                                                  tracking. FNS does not include a                        challenges different groups face.                     require in terms of monitoring,
                                                  reporting measure for the effectiveness                                                                       evaluating and assessing States’ E&T
                                                  of serving employers or the number of                   How often and what method will State
                                                                                                          agencies use to report to the                         programs?
                                                  participants that obtain credentials, in
                                                  part because DOL and Department of                      Department?                                              The Agricultural Act of 2014
                                                  Education are still in the process of                      Pursuant to section 16(h)(5)(D) of the             amended section 16(h)(5)(A) of the FNA
                                                  developing this policy. In addition,                    FNA, as amended by the Agricultural                   to require the Department to monitor
                                                  because State agencies have broad                       Act of 2014, this rule requires State                 SNAP E&T programs and assess their
                                                  flexibility in what E&T components they                 agencies to submit an annual report to                effectiveness in terms of preparing
                                                  offer and how they structure their                      FNS by January 1 of each year, to                     members of households for
                                                  activities, the Department is not                       include outcome data on the reporting                 employment, including the acquisition
                                                  prescribing national reporting measures                 measures outlined above for the Federal               of basic skills necessary for
                                                  for specific components, like the                       fiscal year ending the previous                       employment, and increasing the number
                                                  percentage and number of participants                   September 30. FNS may specify a                       of household members who obtain and
                                                  who obtain a recognized credential, but                 standard format for the annual report.                retain employment subsequent to
                                                  the Department encourages State                                                                               participation in E&T. The Agricultural
                                                  Agencies to consider such measures as                   What data and timeframes will an                      Act of 2014 also amended section
                                                  described in                                            annual report include?                                16(h)(5)(C) of the FNA to require that
                                                                                                             Data will be measured within the                   the Department evaluate State agencies’
                                                  ‘‘What additional reporting measures                    fiscal year for which the State agency is             E&T programs on a periodic basis to
                                                  does Section 4022(a)(2) of the                                                                                ensure:
                                                                                                          reporting using the most recent data
                                                  Agricultural Act of 2014 require that                                                                            • Compliance with Federal E&T
                                                                                                          available during the reporting period for
                                                  State agencies include in their E&T                                                                           program rules and regulations;
                                                                                                          each measure and additional
                                                  plans?’’                                                                                                         • that program activities are
                                                                                                          characteristics for the participants and
                                                     DOL published proposed regulations                   former participants included in the                   appropriate to meet the needs of the
                                                  regarding WIOA in the ‘‘Workforce                       reporting measures. Therefore, if an                  individuals referred by the State agency
                                                  Innovation and Opportunity Act; Joint                   individual completed participation in                 to an E&T program component; and
                                                  Rule for Unified and Combined State                     E&T in the fourth quarter of FY 2018,                    • that reporting measures are
                                                  Plans, Performance Accountability, and                  information from the second quarter of                appropriate to identify improvements in
                                                  the One-Stop System Joint Provisions’’                  FY 2019 concerning their employment                   skills, training, work and experience for
                                                  proposed rule on April 16, 2015. The                    would be included in reporting for FY                 participants in an employment and
                                                  Department views DOL as the leader in                   2019, even if that individual was no                  training program component.
                                                  employment policy and will look for                     longer participating in SNAP.                         How is the Department codifying this
                                                  ways to be consistent with any changes                     Reporting for a fiscal year will include           provision?
                                                  made to its performance measures in the                 the characteristics of each E&T
                                                  final E&T rulemaking. The Department                    participant that participated in E&T                     SNAP regulations at 7 CFR 275.3(a)
                                                  is interested in comments pertaining to                 during that fiscal year.                              already require FNS to conduct
                                                  the variance between the WIOA                                                                                 management evaluation (ME) reviews of
                                                  performance indicators and the SNAP                     Is there a minimum amount that an                     designated, or ‘‘target’’, areas of program
                                                  E&T reporting measures.                                 individual must earn in a quarter to be               operation each fiscal year. FNS
                                                                                                          included in a reporting measure?                      identifies target areas each year based
                                                  What will the Department do with the                                                                          upon a number of considerations,
                                                  reported data?                                             No, there is no minimum amount of
                                                                                                          earnings from unsubsidized                            including recent policy changes, risk to
                                                    The Department will use outcome                       employment in a quarter for an                        Federal funds, and risk to program
                                                  data to monitor the effectiveness of                    individual to be included in a reporting              access. For example, FNS may identify
                                                  SNAP E&T programs. The Department                       measure.                                              program access as an area that the
                                                  will also share this information with                                                                         regional offices are required to review in
                                                  policy makers, State agencies, and other                What other information must States                    every State, and nutrition education as
                                                  stakeholders. In combination with the                   include in the annual E&T reports?                    an area to be reviewed on an at-risk
                                                  current data State agencies report to                      States that have committed to offering             basis, as necessary. This affords FNS
                                                  FNS regarding SNAP E&T, outcome data                    all at-risk ABAWDs a slot in a qualifying             maximum flexibility to target its
                                                  will help the Department identify E&T                   activity and have received an additional              resources to those current areas of
                                                  programs and components that produce                    allocation of funds as specified in 7 CFR             vulnerability or agency priorities. In
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                                                  a higher number and percentage of                       273.7(d)(3) must include in their annual              past years, FNS has not required its
                                                  participants that obtain unsubsidized                   reports the following information:                    regional offices to perform an ME of
                                                  employment. The Department will use                        • The monthly average number of                    each State agency’s E&T program; many
                                                  the data on median earnings to evaluate                 individuals in the State who meet the                 operate very small job-search only
                                                  the cost-effectiveness of E&T programs                  conditions of § 273.7(d)(3)(i);                       programs. However, FNS has required
                                                  and the components States have                             • The number of individuals to whom                its regional offices to review E&T
                                                  implemented. The Department will also                   the State offers a position in a program              programs in States that operate third
                                                  use this data to assess and identify the                described in § 273.24(a)(3)and (4);                   party matching programs, or that have


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                                                                    Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Rules and Regulations                                        15617

                                                  combined Federal and State budgets                      programs and best practices, and will                 What is meant by unsubsidized
                                                  over a certain threshold. As part of its                share this information with State                     employment?
                                                  general monitoring and oversight                        agencies looking to improve or expand                   Unsubsidized employment means the
                                                  responsibilities, FNS will meet the                     their E&T programs.                                   E&T participant does not receive wages
                                                  requirement of the FNA by continuing                                                                          subsidized by a Federal, State or local
                                                  to perform MEs of States’ E&T programs,                 Do State agencies already have reporting
                                                                                                          measures and outcome data?                            government program, such as the TANF
                                                  but will also continue to establish in                                                                        subsidized employment program or a
                                                  guidance which target areas to focus on                    Currently, thirty-six State agencies               SNAP work supplementation program.
                                                  each year.                                              have reporting measures and report E&T                This is consistent with the definition of
                                                     In addition, through its current
                                                                                                          program outcome data in their E&T                     unsubsidized employment used by
                                                  authority, FNS is required to review and
                                                                                                          plans. State agencies use a variety of                other Federal work programs.
                                                  approve State agencies’ E&T plans and
                                                  budgets. Through this process, FNS will                 reporting measures, and the outcome                   Participants who enter unsubsidized
                                                  ensure that individual components are                   data reported cannot be compared or                   employment may still be receiving job
                                                  structured to meet the needs of                         summarized on a national level.                       retention services such as transportation
                                                  participants and that the reporting                     Additionally, other work programs,                    reimbursements and dependent care.
                                                  measures for individual components                      such as those funded under the                          The definition of unsubsidized
                                                  with more than 100 participants,                        Workforce Innovation and Opportunity                  employment is not limited to jobs with
                                                  required by this rule, are appropriate to               Act (WIOA) and the Wagner-Peyser Act                  paid benefits, such as health care
                                                  measure the impact of the components                    (WPA), require State agencies to track,               coverage. Although the Department
                                                  on participants.                                        collect, and report outcome data. The                 recognizes the value of such benefits for
                                                                                                          measures in this rule are designed to be              SNAP households, it would add
                                                  Does the Department have authority to                   similar to the common measures used                   complexity to data collection and the
                                                  require modifications to State agencies’                by these other work programs. The                     Department believes it is not an
                                                  E&T programs?                                           Department recommends that State                      essential reporting requirement for the
                                                    Yes. Section 16(h)(5)(E) of the FNA, as               agencies consult with State workforce                 purpose of the interim rule.
                                                  amended by the Agricultural Act of                      and other agencies on data collection                 What is meant by ‘‘median’’ quarterly
                                                  2014, gives the Department the                          strategies and technical requirements.                earnings?
                                                  authority to require a State agency to
                                                  make modifications to its SNAP E&T                      For reporting purposes, who is                          This rule requires that State agencies
                                                  plan to improve outcomes if the                         considered an E&T participant?                        report the median average quarterly
                                                  Department determines that the E&T                                                                            earnings for all E&T participants who
                                                                                                             A SNAP applicant or recipient who is
                                                  outcomes are inadequate.                                                                                      had earnings from unsubsidized
                                                                                                          placed in and begins an E&T component                 employment in the second quarter
                                                  Why are most of the reporting measures                  is considered a ‘‘participant’’ for                   following completion of E&T. Median
                                                  focused on program outcomes?                            reporting purposes. E&T participants                  earnings will capture wage levels, and is
                                                     The Government Performance and                       who are placed in a component but do                  consistent with the similar DOL
                                                  Results Act of 1993 (GPRA) requires that                not show up for the first training                    reporting measure under WIOA. The
                                                  performance indicators be used to                       appointment will not be counted in the                ‘‘median’’ is determined by ranking
                                                  measure the outcome of government                       base of participants for reporting                    participants’ incomes from lowest to
                                                  programs. The national reporting                        measures. Individuals that complete an                highest and identifying the middle
                                                  measures in this rule will provide data                 E&T component are also considered to                  income amount so that there are an
                                                  that be used to evaluate the                            be participants for reporting purposes,               equal number of incomes higher and
                                                  effectiveness of E&T programs in                        even if they are no longer participating              lower. The median income is the
                                                  moving SNAP recipients toward self-                     in SNAP. The Department recognizes                    amount in the middle—half the income
                                                  sufficiency.                                            that some State agencies provide E&T                  amounts are higher, and half are lower.
                                                     Additionally, the USDA Office of                     services to SNAP participants who are                 For example, for three participants
                                                  Inspector General (OIG) performed an                    under-employed and it does not wish to                earning $1,000, $1,500 and $3,500, the
                                                  audit of the SNAP E&T program and, in                   discourage this practice. As such, State              median income is $1,500 even though
                                                  its final report, entitled ‘‘Food Stamp                 agencies may include E&T participants                 the average (or mean) would be $2,000.
                                                  Employment and Training Program’’                       who are already employed as countable                 Using the median income can provide a
                                                  (OIG #27601–16-At), released April 29,                  participants, if placed in a component.               more meaningful measure since it
                                                  2008, concluded that the data to                        Should voluntary participants be                      shows the halfway point, rather than the
                                                  evaluate the SNAP E&T program’s                         counted as well as mandatory                          average, which can be significantly
                                                  impact was lacking. The chief                           participants?                                         influenced by the larger incomes at the
                                                  recommendation of this audit report                                                                           top or very small incomes at the bottom
                                                  was that FNS establish reporting                           Yes. State agencies must count all                 of the scale.
                                                  measures for the SNAP E&T program                       E&T participants, both mandatory and
                                                  and require State agencies to submit                    voluntary, in the base for reporting                  Will E&T 100 percent grants be affected
                                                  outcome data, which FNS could then                      measures. The Department recognizes                   by the reported measures data?
                                                  use to determine whether the program                    that some State agencies have shifted                   No. Outcome data will not affect
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                                                  improves employability and helps                        the focus of their E&T programs to                    Federal 100 percent grant funding for
                                                  participants prepare for or obtain jobs.                voluntary participants because these                  E&T programs. However, the
                                                  FNS agrees with this recommendation                     participants are often more motivated to              Department retains the authority at
                                                  and, through this rule, is establishing                 work and seek training that will make                 § 273.7(d)(1)(i)(D) to consider outcome
                                                  standardized reporting measures that                    them more employable. The interim                     data as part of the scope of impact for
                                                  capture the impact of E&T programs. As                  reporting measures will reflect the                   a State’s E&T program when evaluating
                                                  noted above, FNS will use data to help                  effectiveness of the program for both                 requests for additional 100 percent
                                                  identify the most effective E&T                         mandatory and voluntary participants.                 funds.


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                                                  15618             Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Rules and Regulations

                                                  How may States fund the collection and                  equity). Executive Order 13563                        those States that need to develop new
                                                  reporting of outcome data?                              emphasizes the importance of                          systems, annual operating and
                                                    State agencies may use E&T                            quantifying both costs and benefits, of               maintenance costs for those systems.
                                                  administrative funds provided by                        reducing costs, of harmonizing rules,                 FNS anticipates minimal burden to a
                                                  § 273.7(d)(1) and (2) to pay for                        and of promoting flexibility.                         small number of low-income families
                                                                                                             This interim rule has been designated              and minimal, if any, impact on program
                                                  development of reporting systems as
                                                                                                          a ‘‘significant regulatory action,’’                  participation. FNS anticipates that some
                                                  necessary. E&T administrative funds
                                                                                                          although not economically significant,                costs will be paid for using the existing
                                                  may also be used to meet staffing
                                                                                                          under section 3(f) of Executive Order                 federal grant money States receive to
                                                  requirements that result from reporting
                                                                                                          12866. Accordingly, the rule has been                 operate E&T. State funds spent in excess
                                                  measure tracking, the cost of follow-up
                                                                                                          reviewed by the Office of Management                  of the grant are reimbursed at a 50
                                                  with E&T participants and other aspects
                                                                                                          and Budget (OMB). Consistent with the                 percent rate by the Federal government.
                                                  of the measures.
                                                                                                          requirements of Executive Orders 12866                   Effect on State Agencies: The
                                                  Will the Department consider                            and 13563, a Regulatory Impact                        Department has estimated that the effect
                                                  unemployment rates when evaluating                      Analysis (RIA) was developed for this                 on State agencies will be two-fold: First,
                                                  outcome data?                                           interim rule.                                         a one-time capital cost for developing
                                                    The Department will not factor                                                                              new or modifying existing data
                                                                                                          Regulatory Impact Analysis
                                                  unemployment rates into the raw                                                                               collection systems for E&T programs;
                                                                                                             As required for all rules that have                and second, a reporting burden for
                                                  outcome data. Reporting measures are                    been designated as significant by OMB,
                                                  meant to reflect whether E&T programs                                                                         collecting and reporting data for the
                                                                                                          a RIA was developed for this interim                  required outcome measures. Those
                                                  are effective in moving participants                    rule. The RIA for this rule was                       States that need to develop new systems
                                                  toward employment and self-                             published as part of the docket to this               may also incur annual operating and
                                                  sufficiency. However, the Department                    rule on www.regulations.gov. The                      maintenance costs.
                                                  will consider unemployment rates                        following summarizes the conclusions                     Thirty-six State agencies currently
                                                  together with other important factors                   of the regulatory impact analysis.                    have reporting measures and collect
                                                  when looking at the unique challenges                      Need for Action: This interim rule                 outcome data. However, the interim rule
                                                  SNAP E&T participants face.                             implements requirements for State                     requires the addition of several data
                                                  Should State agencies count workfare                    agencies to report outcome data for                   elements that none of these States are
                                                  and work experience as unsubsidized                     SNAP E&T programs as mandated by                      currently collecting.
                                                  employment?                                             Section 4022(a)(2) of the Agricultural                   While it is expected that, in the first-
                                                                                                          Act of 2014. The interim rule establishes             year, State agencies will expend time
                                                     No. Workfare and work experience are                 five separate reporting measures and                  and effort to establish reporting systems,
                                                  defined as E&T components at section                    requires State agencies to report                     the ongoing burden as shown below in
                                                  6(d)(4) of the FNA, and participation in                annually outcome data to monitor the                  the Paperwork Reduction Act section of
                                                  these components is captured in the                     effectiveness of E&T programs.                        the preamble is relatively moderate—
                                                  FNS–583. Currently, many State                             State agencies are also required to                about one and one-half staff-month per
                                                  agencies offer workfare and work                        identify appropriate reporting measures               State.
                                                  experience as E&T components to                         for each proposed component that                         Effect on Low-Income Families:
                                                  provide participants with experience or                 serves a threshold number of                          Establishing reporting requirements that
                                                  training that will move them promptly                   participants of at least 100 a year. The              measure E&T outcomes will ultimately
                                                  into employment. As State agencies                      reporting measures for these                          allow State agencies to better serve low-
                                                  already report these activities on the                  components will be identified in State                income populations by providing them
                                                  FNS–583 as E&T components, the                          agencies’ E&T plans and the outcome                   with E&T services that lead to longer-
                                                  Department will not consider placement                  data will be reported to FNS in State                 term unsubsidized employment
                                                  in such activities as unsubsidized                      agencies’ annual reports.                             opportunities. In addition, the
                                                  employment to be included in the                           Benefits: Benefits of this action                  Department estimates that the burden of
                                                  reporting measures.                                     include better data to inform policy                  the rule on low-income families will be
                                                  Will the Department verify this data?                   makers regarding means to improve E&T                 minimal. A small number of E&T
                                                                                                          effectiveness, ultimately benefiting                  participants may face additional
                                                    The Department will not verify this                   SNAP E&T participants. National
                                                  information on a regular basis. However,                                                                      reporting burden due to the need to
                                                                                                          reporting measures will allow State and               contact these individuals to track
                                                  FNS will review data collection                         Federal program managers and policy
                                                  methods and verify data as part of the                                                                        outcomes that are not available through
                                                                                                          makers to strategically plan on program               existing data sources.
                                                  ME review of States’ E&T programs.                      tactics that will result in improved                     Participation Impacts: The
                                                  This will help to ensure that reported                  employment outcomes. Uniform                          Department estimates that the impact on
                                                  data is accurate.                                       reporting measures for E&T programs                   SNAP participation will be minimal.
                                                  Procedural Matters                                      will potentially benefit SNAP applicants              Establishing reporting requirements that
                                                                                                          and recipients by providing data to help              measure E&T outcomes will allow State
                                                  Executive Orders 12866 and 13563                        evaluate what works in SNAP E&T and                   agencies to better serve low-income
                                                     Executive Orders 12866 and 13563                     share best practices from those                       populations by providing them with
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                                                  direct agencies to assess all costs and                 programs.                                             E&T services that lead to longer-term
                                                  benefits of available regulatory                           Costs: FNS estimates that the costs                unsubsidized employment
                                                  alternatives and, if regulation is                      will include one-time capital costs for               opportunities.
                                                  necessary, to select regulatory                         developing new or modifying existing
                                                  approaches that maximize net benefits                   data collection systems for E&T                       Civil Rights Impact Analysis
                                                  (including potential economic,                          programs, additional reporting burden                   The Department has reviewed this
                                                  environmental, public health and safety                 for collecting and reporting data for the             interim rule in accordance with
                                                  effects, distributive impacts, and                      required reporting measures, and, for                 Departmental Regulation 4300–4, ‘‘Civil


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                                                                    Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Rules and Regulations                                         15619

                                                  Rights Impact Analysis,’’ to identify any               provisions of Title II of the UMRA) for               performance indicators be used to
                                                  requirements that may have the purpose                  State, local and tribal governments or                measure the outcome of government
                                                  or effect of excluding, limiting, or                    the private sector of $100 million or                 programs. Finally, a 2008 audit by the
                                                  otherwise disadvantaging any group or                   more in any one year. Thus, the rule is               USDA Office of Inspector General (OIG)
                                                  class of persons on one or more                         not subject to the requirements of                    found that FNS had sufficient systems
                                                  prohibited bases. After careful review of               sections 202 and 205 of the UMRA.                     in place to monitor State agency
                                                  the rule’s intent and provisions, and the                                                                     compliance and administration with
                                                                                                          Executive Order 12372                                 laws and regulations, but recommended
                                                  characteristics of SNAP households and
                                                  individual participants, the Department                    SNAP is listed in the Catalog of                   FNS establish reporting measures for the
                                                  has determined that this rule will not                  Federal Domestic Assistance under No.                 SNAP E&T program and require State
                                                  have a disparate impact on any group or                 10.551. For the reasons set forth in the              agencies to submit outcome data to
                                                  class of persons. The interim rule will                 final rule in 7 CFR 3015, Subpart V and               determine the Program’s effectiveness.
                                                  require State agencies to collect and                   related Notice (48 FR 29115), the                       This rule establishes standardized
                                                  report outcome data on SNAP E&T                         Program is included in the scope of                   reporting measures and requires State
                                                  programs and will not change work                       Executive Order 12372, which requires                 agencies to report outcome data for the
                                                  requirements or impact the population                   intergovernmental consultation with                   SNAP E&T program. The Department
                                                  subject to work requirements. The                       State and local officials.                            published a proposed rule establishing
                                                  Department specifically prohibits the                                                                         performance measures in 1991 (FR
                                                                                                          Federalism Impact Statement
                                                  State and local government agencies                                                                           43152, August 30, 1991). At that time,
                                                  that administer the Program from                          Executive Order 13132, requires                     many State agencies and advocates
                                                  engaging in actions that discriminate                   Federal agencies to consider the impact               responded that the rule would impose
                                                  based on race, color, national origin,                  of their regulatory actions. Where such               an unreasonable burden on State
                                                  sex, religious creed, age, disability, and              actions have federalism implications,                 agencies. The Department did not codify
                                                  political beliefs. SNAP’s                               agencies are directed to provide a                    that proposed rule. While State agencies
                                                  nondiscrimination policy can be found                   statement for inclusion in the preamble               may have similar concerns today, other
                                                  at 7 CFR 272.6(a). The interim rule does                to the regulations describing the                     Federal work programs, such as the
                                                  not change these requirements.                          agency’s considerations in terms of the               Workforce Innovation and Opportunity
                                                                                                          three categories called for under section             Act (WIOA) and the Wagner-Peyser Act
                                                  Regulatory Flexibility Act                              (6)(b)(2)(B) of the Executive Order                   (WPA), have established standardized
                                                    The Regulatory Flexibility Act (5                     13132. This rule does not have                        performance indicators and State
                                                  U.S.C. 601–612) requires agencies to                    Federalism impacts.                                   workforce investment boards have more
                                                  analyze the impact of rulemaking on                                                                           experience tracking entered
                                                  small entities and consider alternatives                Prior Consultation With State Officials
                                                                                                                                                                employment, retention and earnings. By
                                                  that will minimize any significant                        Currently, the Department, through                  implementing Section 16(h)(5) of the
                                                  impacts on small entities. Pursuant to                  FNS, has encouraged State agencies to                 FNA, the Department is following the
                                                  that review, it is certified that this                  establish reporting measures and to                   lead of other Federal agencies and
                                                  interim rule will not have a significant                report outcome data in their State E&T                establishing standardized reporting
                                                  impact on small entities. The provisions                plans. FNS informally consulted with                  measures and requiring State agencies to
                                                  of this interim rule apply to State                     State agencies to identify what E&T                   report outcome data in order to evaluate
                                                  agencies, which are not small entities as               reporting measures and outcome data                   the effectiveness of E&T programs.
                                                  defined by the Regulatory Flexibility                   they collect in the absence of required
                                                  Act.                                                    reporting measures. An informal review                Extent to Which We Met Those
                                                                                                          of State agencies in FY 2007 showed                   Concerns
                                                  Unfunded Mandates Reform Act                            that twenty-three State agencies had                    The Department has considered the
                                                     Title II of the Unfunded Mandates                    reporting measures and gathered                       impact of the interim rule on State and
                                                  Reform Act of 1995 (UMRA), Public                       outcome data on the number of E&T                     local agencies. This rule will implement
                                                  Law 104–4, establishes requirements for                 participants who entered employment.                  reporting measures that are required by
                                                  Federal agencies to assess the effects of               This review revealed wide variability in              law and require the reporting of
                                                  their regulatory actions on State, local,               how State agencies’ aggregate data, how               outcome data. The provisions in this
                                                  tribal governments and the private                      employment was defined, and whether                   rule are similar to the current practice
                                                  sector. Under Section 202 of the UMRA,                  a direct link to participation in E&T was             of at least thirty-six State agencies. FNS
                                                  the Department generally must prepare                   established. FNS reviewed FY 2013                     will work with the remaining State
                                                  a written statement, including a cost/                  State agency E&T plans and found that                 agencies to provide guidance and
                                                  benefit analysis, for rules with Federal                thirty-six State agencies track the                   technical assistance in meeting the
                                                  mandates that may result in                             number of E&T participants that enter                 requirements of this rule.
                                                  expenditures to State, local, or tribal                 employment. The interim rule will
                                                  governments in the aggregate, or to the                                                                       Executive Order 13175—Consultation
                                                                                                          standardize the reporting measures that
                                                  private sector, of $100 million or more                                                                       and Coordination With Indian Tribal
                                                                                                          State agencies use and what outcome
                                                  in any one year. When such a statement                                                                        Governments
                                                                                                          data State agencies report.
                                                  is needed for a rule, Section 205 of the                                                                        This rule has been reviewed in
                                                  UMRA generally requires the                             Nature of Concerns and the Need To                    accordance with the requirements of
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                                                  Department to identify and consider a                   Issue This Rule                                       Executive Order 13175, ‘‘Consultation
                                                  reasonable number of regulatory                            As modified by the Agricultural Act                and Coordination with Indian Tribal
                                                  alternatives and adopt the least costly,                of 2014, section 16(h)(5) of the FNA                  Governments.’’ Executive Order 13175
                                                  more cost-effective or least burdensome                 requires that the Department monitor                  requires Federal agencies to consult and
                                                  alternative that achieves the objectives                SNAP E&T programs and measure their                   coordinate with tribes on a government-
                                                  of the rule.                                            effectiveness. In addition, the                       to-government basis on policies that
                                                     This interim rule contains no Federal                Government Performance and Results                    have tribal implications, including
                                                  mandates (under the regulatory                          Act of 1993 (GPRA) requires that                      regulations, legislative comments or


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                                                  15620             Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Rules and Regulations

                                                  proposed legislation, and other policy                  intended to have retroactive effect                   comments electronically. For further
                                                  statements or actions that have                         unless so specified in the ‘‘Effective                information, or for copies of the
                                                  substantial direct effects on one or more               Date’’ paragraph of this rule. Prior to               information collection requirements,
                                                  Indian tribes, on the relationship                      any judicial challenge to the provisions              please contact Ms. Johnston.
                                                  between the Federal Government and                      of this rule or the application of its                   All responses to this request for
                                                  Indian tribes or on the distribution of                 provisions, all applicable administrative             comments will be summarized and
                                                  power and responsibilities between the                  procedures must be exhausted.                         included in the request for OMB
                                                  Federal Government and Indian tribes.                                                                         approval. All comments will also
                                                    Currently, only two State SNAP E&T                    E-Government Act Compliance
                                                                                                                                                                become a matter of public record.
                                                  programs include partnerships or                           The Department is committed to                        Title: SNAP: Employment and
                                                  activities with Tribal organizations. On                complying with the E-Government Act,                  Training Program Monitoring, Oversight
                                                  February 29, 2012, during a Tribal                      to promote the use of the Internet and                and Reporting Measures.
                                                  consultation, the Department explained                  other information technologies to                        OMB Number: [0584—NEW].
                                                  the existing section 16(h)(5) of the FNA                provide increased opportunities for                      Expiration Date: Not Yet Determined.
                                                  which required the Department to                        citizen access to Government                             Type of Request: New Collection.
                                                  monitor and measure the effectiveness                   information and services, and for other
                                                                                                                                                                   Abstract: As required by the
                                                  of E&T programs, and FNS’s intention to                 purposes.
                                                                                                                                                                Paperwork Reduction Act of 1995 (44
                                                  write a proposed rule on E&T reporting                  Paperwork Reduction Act                               U.S.C. 3507(d)), FNS is submitting this
                                                  measures and the reporting of outcome                                                                         information collection to OMB for its
                                                  data. The Department invited Tribal                        The Paperwork Reduction Act of 1995
                                                                                                          (44 U.S.C. Chapter 35; see 5 CFR part                 review. The interim rule will require
                                                  officials or their designees to ask                                                                           State agencies to collect and report
                                                  questions about the impact of a                         1320) requires that OMB approve all
                                                                                                          collections of information by a Federal               information on: (1) The number and
                                                  proposed rule on Tribal governments,                                                                          percentage of E&T participants who are
                                                  communities, and individuals. The                       agency from the public before they can
                                                                                                          be implemented. Respondents are not                   in unsubsidized employment during the
                                                  Department did not receive any                                                                                second quarter after completion of
                                                  comments or questions on its intention                  required to respond to any collection of
                                                                                                          information unless it displays a current              participation in E&T; (2) The number
                                                  to write that rule. (Subsequently, the
                                                                                                          valid OMB control number. This interim                and percentage of E&T participants who
                                                  Agricultural Act of 2014 passed, which
                                                                                                          rule contains new provisions that will                are in unsubsidized employment during
                                                  expanded the requirements and
                                                                                                          affect reporting and recordkeeping                    the fourth quarter after completion of
                                                  authority under section 16(h)(5) of the
                                                                                                          burdens. Section 271.8 has been                       participation in E&T; (3) Median
                                                  FNA, and included a requirement that
                                                                                                          amended to reflect the new reporting                  quarterly earnings of all E&T
                                                  the Department publish an interim rule
                                                                                                          requirements. The changes in burden                   participants who worked in
                                                  identifying national reporting
                                                                                                          that will result from the provisions in               unsubsidized employment during the
                                                  measures.) This session established a
                                                                                                          the interim rule are described below,                 second quarter after completion of
                                                  baseline of consultation for future
                                                  actions, should any be necessary,                       and are subject to review and approval                participation in E&T; (4) The total
                                                  regarding this rule. Reports from the                   by OMB. When the information                          number and percentage of participants
                                                  Tribal consultation session will be made                collection requirements have been                     that complete a training, educational,
                                                  part of the Department’s annual                         approved, the Department will publish                 work experience or an on-the-job
                                                  reporting on Tribal Consultation and                    a separate action in the Federal Register             training component; and (5) certain
                                                  Collaboration. The Department will                      announcing OMB’s approval.                            unique characteristics of SNAP E&T
                                                  provide additional venues, such as                         Written comments on the information                participants that will provide
                                                  webinars and teleconferences, to                        collection in this interim rule must be               information on the challenges they face
                                                  periodically host collaborative                         received by May 23, 2016. Comments                    in obtaining employment.
                                                  conversations with Tribal leaders and                   are invited on: (1) Whether the                          The rule also requires State agencies
                                                  their representatives concerning ways to                collection of information is necessary                to identify appropriate reporting
                                                  improve this rule in Indian country.                    for the proper performance of the                     measures for each proposed component
                                                  FNS has assessed the impact of this rule                Agency’s functions, including whether                 that serves a threshold number of
                                                  on Indian tribes and determined that                    the information will have practical                   participants of at least 100 a year. The
                                                  this rule has tribal implications that                  utility; (2) the accuracy of the Agency’s             reporting measures for each component
                                                  require tribal consultation under E.O.                  estimate of the information collection                will be identified in States’ E&T plans
                                                  13175 and has consulted with Tribes as                  burden, including the validity of the                 and the outcome data will be reported
                                                  described above. If a Tribe requests                    methodology and assumptions used; (3)                 to FNS in their annual reports.
                                                  consultation, FNS will work with the                    ways to enhance the quality, utility and              Additionally, the rule requires that State
                                                  Office of Tribal Relations to ensure                    clarity of the information to be                      agencies that have committed to offering
                                                  meaningful consultation is provided                     collected; and (4) ways to minimize the               all ABAWDs at risk of losing eligibility
                                                  where changes, additions and                            burden of the collection of information               due to time-limited participation a slot
                                                  modifications identified herein are not                 on those who are to respond, including                in a qualifying activity and have
                                                  expressly mandated by Congress.                         use of appropriate automated,                         received an additional allocation of
                                                                                                          electronic, mechanical, or other                      funds, to report information regarding
                                                  Executive Order 12988                                   technological collection techniques or                the use of those funds.
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                                                    This rule has been reviewed under                     other forms of information technology.                   Respondents: The 53 State agencies
                                                  Executive Order 12988, Civil Justice                       Comments may be sent to Moira                      that administer the SNAP E&T program.
                                                  Reform. This rule is intended to have                   Johnston, at the address listed in the                   Estimated Number of Responses per
                                                  preemptive effect with respect to any                   ADDRESSES section of this preamble.                   Respondent: One response per year for
                                                  State or local laws, regulations or                     Comments will also be accepted through                each State agency that administers the
                                                  policies that conflict with its provisions              the Federal eRulemaking Portal. Go to                 SNAP E&T program. States agencies will
                                                  or that will otherwise impede its full                  http://www.regulations.gov, and follow                be required to report their outcome data
                                                  implementation. This rule is not                        the online instructions for submitting                annually.


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                                                                       Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Rules and Regulations                                                           15621

                                                     Current status: Thirty-six State                                    on State Agencies will be two-fold:                        Given the different size and
                                                  agencies currently identify reporting                                  First, a one-time capital cost for                      complexity of States’ E&T programs,
                                                  measures and collect outcome data.                                     developing new or modifying existing                    variations in their E&T data systems,
                                                  However, the interim rule requires the                                 data collection systems for E&T                         capabilities of their SNAP eligibility
                                                  addition of several data elements that                                 programs; and second, a reporting                       systems, and experience with reporting
                                                  these State agencies are not currently                                 burden for collecting and reporting data                measures, it is not possible to develop
                                                  collecting. While the Department                                       for the required reporting measures.                    a reliable estimate of the burden this
                                                  believes that some of these State                                      Those States that need to develop new                   rule places on State agencies to
                                                  agencies may continue to use the                                       systems may also incur annual                           implement. Because of the uncertainties
                                                  systems they already have in place with                                operating and maintenance costs.                        surrounding the exact methods States
                                                  modifications to meet the provisions of                                  Prior to implementation: In the first
                                                                                                                                                                                 will use to collect and submit outcome
                                                  this rule, others may decide to                                        year that the rule is published, States
                                                                                                                                                                                 data, we are requesting that States
                                                  implement new systems to meet the                                      may develop new SNAP E&T systems,
                                                                                                                         reprogram existing systems, build                       comment specifically on their potential
                                                  increase in data that is required to be
                                                                                                                         interfaces between SNAP eligibility and                 capital start-up and operating and
                                                  reported to FNS. The remaining 17 State
                                                  agencies that do not have reporting                                    SNAP E&T systems, and/or decide what                    maintenance costs based upon
                                                  measures in place will all need to                                     data will be collected manually. For                    consultation with potential data
                                                  develop systems to collect and report                                  several of the measures (e.g.,                          sources. After internal discussions with
                                                  the required data. In the first year that                              employment, earnings, characteristics of                FNS regional office and State systems
                                                  the rule is published, State agencies will                             E&T participants) State agencies’ could                 staff, FNS assumes an estimate of three
                                                  need to develop E&T data collection                                    use a variety of sources to obtain                      staff-months (520 hours) per State to
                                                  systems, reprogram existing systems,                                   administrative data, such as SNAP                       establish data collection and reporting
                                                  build interfaces between SNAP                                          automated eligibility systems. The                      systems to implement this rule, at a cost
                                                  eligibility and SNAP E&T data                                          Department anticipates that some State                  of approximately $1.2 million. This
                                                  collection systems and decide what data                                agencies will rely on government                        estimate of initial burden is a
                                                  will be collected manually.                                            entities with which they already have                   placeholder until FNS receives
                                                     Effect on State Agencies: The                                       agreements and will need to renegotiate                 comments from States on their estimate
                                                  Department has estimated that the effect                               those agreements.                                       of the time it will take to implement.

                                                                                            ESTIMATED INITIAL REPORTING AND RECORDKEEPING BURDEN HOURS
                                                                                                                                                                                                    Number of
                                                                                                                                                               Number of        Total annual                      Total burden
                                                                                      Description of activity                                                                                      burden hours
                                                                                                                                                              respondents        responses                           hours
                                                                                                                                                                                                   per response

                                                  One-time capital start-up and operating and maintenance costs ...................                                 53              53                 520          27,560



                                                    Annual ongoing burden from rule:                                     automated systems data, new data                        The breakdown of the 231 hours is
                                                  While it is expected that in the first year                            collection, and some contact with SNAP                  itemized in the table below. FNS
                                                  State agencies will expend more time                                   E&T participants. In the regulatory                     believes this estimate may be somewhat
                                                  and effort to establish reporting systems,                             impact analysis accompanying this rule,                 high since data that can be collected
                                                  the ongoing burden as shown below is                                   FNS estimates that the ongoing                          through automated data systems is
                                                  relatively moderate—about one and one                                  additional time burden will average no                  expected to require less time than data
                                                  half staff-month per State. The following                              more than about 231 hours annually per                  collected through direct contact with
                                                  estimates assume that State agencies                                   State (about one and a half staff-months)               SNAP E&T participants.
                                                  will use a combination of methods to                                   on average (12,233 hours per year for all
                                                  collect the data including existing                                    States), or less than $1 million in total.

                                                                                         ESTIMATED ONGOING REPORTING AND RECORDKEEPING BURDEN HOURS
                                                                                                                                                                                                     Average
                                                                                                                                             Number of       Annual report/     Total annual                      Total burden
                                                   Regulation section                    Description of activity                                                                                   burden hours
                                                                                                                                            respondents       record filed       responses                           hours
                                                                                                                                                                                                   per response

                                                  272.1(f) Record-           ............................................................               53                  1              53                 1              53
                                                    keeping.
                                                  273.7(c)(17)(i) Re-       E&T participants who have earnings                                          53                  1              53                40          2,120
                                                    porting.                 in the second quarter after comple-
                                                                             tion of E&T.
                                                  273.7(c)(17)(ii) Re-      E&T participants who have earnings                                          53                  1              53                40          2,120
                                                    porting.                 in the fourth quarter after comple-
                                                                             tion of E&T.
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                                                  273.7(c)(17)(iii)         Median quarterly earnings .................                                 53                  1              53                40          2,120
                                                    Reporting.
                                                  273.7(c)(17)(iv)          E&T participants that completed a                                           45                  1              45                80          3,600
                                                    Reporting.               training, educational, work experi-
                                                                             ence or an on-the-job training
                                                                             component within 6 months after
                                                                             completion of participation in E&T.




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                                                  15622                 Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Rules and Regulations

                                                                               ESTIMATED ONGOING REPORTING AND RECORDKEEPING BURDEN HOURS—Continued
                                                                                                                                                                                                         Average
                                                                                                                                              Number of          Annual report/    Total annual                       Total burden
                                                   Regulation section                     Description of activity                                                                                      burden hours
                                                                                                                                             respondents          record filed      responses                            hours
                                                                                                                                                                                                       per response

                                                  273.7(c)(17)(v) &           Characteristics of E&T participants,                                          53                 1               53                20          1,060
                                                    (vi) Reporting.              some broken out by 4 above
                                                                                 measures.
                                                  273.7(c)(17)(vii)           Measures in a State agencies’ E&T                                             53                 1               53                20          1,060
                                                    Reporting.                   plan for components that are de-
                                                                                 signed to serve at least 100 E&T
                                                                                 participants a year.
                                                  273.7(c)(17)(viii)          Information about ABAWDs from                                                 10                 1               10                10            100
                                                    Reporting.                   State agencies that have com-
                                                                                 mitted to offering them participa-
                                                                                 tion in a qualifying activity.

                                                        Total Report-              .......................................................                  53                 7              320                38         12,180
                                                          ing.

                                                        Total Record-              .......................................................                  53                 1               53                 1             53
                                                          keeping.


                                                      SUMMARY OF ONGOING BURDEN (IN                                       § 271.8 Information collection/                            to a recognized credential, a registered
                                                                                                                          recordkeeping—OMB assigned control                         apprenticeship an on-the-job training
                                                      ADDITION TO OMB #0584—NEW) 7                                        numbers.                                                   program, a regular secondary school
                                                      CFR 273
                                                                                                                                                                                     diploma (or its recognized equivalent),
                                                                                                                           7 CFR section where
                                                  Total No. Respondents .....................                     53       requirements are de-             Current OMB Control      or unsubsidized employment;
                                                                                                                                                                    No.                 (D) Measures developed to assess the
                                                  Average No. Responses per Re-                                                   scribed
                                                    spondent .......................................              7                                                                  skills acquisition of E&T program
                                                  Total Annual Responses ..................                     373                                                                  participants that reflect the goals of the
                                                  Average Hours per Response ..........                        32.8          *         *              *      *                *      specific components including the
                                                  Total Burden Hours for Part 273                                         273.7(c)(16) ............... 0584—New.                     percentage and number of participants
                                                    With Interim Rule ..........................           12,233                                                                    who are meeting program requirements
                                                                                                                                *            *          *           *         *
                                                                                                                                                                                     or are gaining skills likely to lead to
                                                    In addition to potential capital start-                                                                                          employment; and
                                                  up and operating and maintenance                                        PART 273—CERTIFICATION OF                                     (E) Other indicators approved by FNS
                                                  costs, we are requesting that States                                    ELIGIBLE HOUSEHOLDS                                        in the E&T State plan.
                                                  comment specifically on our burden
                                                  estimates.                                                              ■   3. Amend § 273.7 as follows:                           *       *    *     *    *
                                                                                                                          ■   a. Add paragraph (c)(6)(xvii); and                        (16) FNS may require a State agency
                                                  List of Subjects                                                                                                                   to make modifications to its SNAP E&T
                                                                                                                          ■   b. Add paragraphs (c)(16) and (17).
                                                  7 CFR Part 271                                                              The additions read as follows:                         plan to improve outcomes if FNS
                                                                                                                                                                                     determines that the E&T outcomes are
                                                    Food stamps, Grant programs—social                                    § 273.7        Work provisions.                            inadequate.
                                                  programs, Reporting and recordkeeping                                   *      *    *     *     *                                     (17) The State agency shall submit an
                                                  requirements.                                                              (c) * * *                                               annual E&T report by January 1 each
                                                  7 CFR Part 273                                                             (6) * * *                                               year that contains the following
                                                                                                                             (xvii) For each component that is                       information for the Federal fiscal year
                                                    Administrative practice and                                           expected to include 100 or more                            ending the preceding September 30.
                                                  procedure, Aliens, Claims, Education                                    participants, reporting measures that the                     (i) The number and percentage of E&T
                                                  and employment, Fraud, Grant                                            State will collect and include in the                      participants and former participants
                                                  programs—social programs, Reporting                                     annual report in paragraph (c)(17) of                      who are in unsubsidized employment
                                                  and recordkeeping requirements,                                         this section. Such measures may                            during the second quarter after
                                                  Supplemental Nutrition Assistance                                       include:                                                   completion of participation in E&T.
                                                  Program.                                                                   (A) The percentage and number of                           (ii) The number and percentage of
                                                    For reasons set forth in the preamble,                                program participants who received E&T                      E&T participants and former
                                                  7 CFR parts 271 and 273 are amended                                     services and are in unsubsidized                           participants who are in unsubsidized
                                                  as follows:                                                             employment subsequent to the receipt                       employment during the fourth quarter
                                                  ■ 1. The authority citation for 7 CFR                                   of those services;                                         after completion of participation in E&T.
                                                  parts 271 and 273 continues to read as                                     (B) The percentage and number of                           (iii) Median average quarterly
                                                  follows:                                                                participants who obtain a recognized                       earnings of the E&T participants and
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                                                      Authority: 7 U.S.C. 2011–2036.                                      credential, a registered apprenticeship,                   former participants who are in
                                                                                                                          or a regular secondary school diploma                      unsubsidized employment during the
                                                  PART 271—GENERAL INFORMATION                                            (or its recognized equivalent), while                      second quarter after completion of
                                                  AND DEFINITIONS                                                         participating in, or within 1 year after                   participation in E&T.
                                                                                                                          receiving E&T services;                                       (iv) The total number and percentage
                                                  ■ 2. In § 271.8, amend the table by                                        (C) The percentage and number of                        of participants that completed an
                                                  adding an entry for § 273.7(c)(16) in                                   participants who are in an education or                    educational, training work experience or
                                                  alphanumeric order to read as follows:                                  training program that is intended to lead                  an on-the-job training component.


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                                                                    Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Rules and Regulations                                          15623

                                                     (v) The number and percentage of                     DEPARTMENT OF TRANSPORTATION                          Availability
                                                  E&T participants who:                                                                                            All SIAPs and Takeoff Minimums and
                                                                                                          Federal Aviation Administration                       ODPs are available online free of charge.
                                                     (A) Are voluntary vs. mandatory
                                                  participants;                                                                                                 Visit the National Flight Data Center
                                                                                                          14 CFR Part 97                                        online at nfdc.faa.gov to register.
                                                     (B) Have received a high school
                                                  degree (or GED) prior to being provided                                                                       Additionally, individual SIAP and
                                                                                                          [Docket No. 31068 Amdt. No. 3688]                     Takeoff Minimums and ODP copies may
                                                  with E&T services;
                                                                                                                                                                be obtained from the FAA Air Traffic
                                                     (C) Are ABAWDs;                                      Standard Instrument Approach                          Organization Service Area in which the
                                                                                                          Procedures, and Takeoff Minimums                      affected airport is located.
                                                     (D) Speak English as a second
                                                                                                          and Obstacle Departure Procedures;
                                                  language;                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                          Miscellaneous Amendments
                                                     (E) Are male vs. female                                                                                    Thomas J. Nichols, Flight Procedure
                                                                                                          AGENCY:  Federal Aviation                             Standards Branch (AFS–420) Flight
                                                     (F) Are within each of the following                                                                       Technologies and Procedures Division,
                                                                                                          Administration (FAA), DOT.
                                                  age ranges: 16–17, 18–35, 36–49, 50–59,                                                                       Flight Standards Service, Federal
                                                  60 or older.                                            ACTION: Final rule.
                                                                                                                                                                Aviation Administration, Mike
                                                     (vi) Of the number and percentage of                 SUMMARY:    This rule amends, suspends,               Monroney Aeronautical Center, 6500
                                                  E&T participants reported in paragraphs                 or removes Standard Instrument                        South MacArthur Blvd., Oklahoma City,
                                                  (c)(17)(i) through (iv) of this section, a              Approach Procedures (SIAPs) and                       OK 73169 (Mail Address: P.O. Box
                                                  disaggregation of the number and                        associated Takeoff Minimums and                       25082, Oklahoma City, OK 73125)
                                                  percentage of those participants and                    Obstacle Departure Procedures for                     telephone: (405) 954–4164.
                                                  former participants by the                              operations at certain airports. These                 SUPPLEMENTARY INFORMATION: This rule
                                                  characteristics listed in paragraphs                    regulatory actions are needed because of              amends Title 14, Code of Federal
                                                  (c)(17)(v)(A), (B), and (C) of this section.            the adoption of new or revised criteria,              Regulations, Part 97 (14 CFR part 97) by
                                                                                                          or because of changes occurring in the                amending the referenced SIAPs. The
                                                     (vii) Reports for the measures
                                                                                                          National Airspace System, such as the                 complete regulatory description of each
                                                  identified in a State’s E&T plan related                                                                      SIAP is listed on the appropriate FAA
                                                                                                          commissioning of new navigational
                                                  to components that are designed to                      facilities, adding new obstacles, or                  Form 8260, as modified by the National
                                                  serve at least 100 participants a year;                 changing air traffic requirements. These              Flight Data Center (NFDC)/Permanent
                                                  and                                                     changes are designed to provide for the               Notice to Airmen (P–NOTAM), and is
                                                     (viii) States that have committed to                 safe and efficient use of the navigable               incorporated by reference under 5
                                                  offering all at-risk ABAWDs                             airspace and to promote safe flight                   U.S.C. 552(a), 1 CFR part 51, and 14
                                                  participation in a qualifying activity and              operations under instrument flight rules              CFR 97.20. The large number of SIAPs,
                                                  have received an additional allocation                  at the affected airports.                             their complex nature, and the need for
                                                  of funds as specified in § 273.7(d)(3)                  DATES: This rule is effective March 24,               a special format make their verbatim
                                                  shall include:                                          2016. The compliance date for each                    publication in the Federal Register
                                                                                                          SIAP, associated Takeoff Minimums,                    expensive and impractical. Further,
                                                     (A) The monthly average number of
                                                                                                          and ODP is specified in the amendatory                airmen do not use the regulatory text of
                                                  individuals in the State who meet the                                                                         the SIAPs, but refer to their graphic
                                                  conditions of § 273.7(d)(3)(i);                         provisions.
                                                                                                             The incorporation by reference of                  depiction on charts printed by
                                                     (B) The monthly average number of                    certain publications listed in the                    publishers of aeronautical materials.
                                                  individuals to whom the State offers a                  regulations is approved by the Director               Thus, the advantages of incorporation
                                                  position in a program described in                      of the Federal Register as of March 24,               by reference are realized and
                                                  § 273.24(a)(3) and (4);                                 2016.                                                 publication of the complete description
                                                     (C) The monthly average number of                                                                          of each SIAP contained on FAA form
                                                                                                          ADDRESSES: Availability of matter
                                                  individuals who participate in such                                                                           documents is unnecessary. This
                                                                                                          incorporated by reference in the                      amendment provides the affected CFR
                                                  programs; and                                           amendment is as follows:                              sections, and specifies the SIAPs and
                                                     (D) A description of the types of                    For Examination                                       Takeoff Minimums and ODPs with their
                                                  employment and training programs the                                                                          applicable effective dates. This
                                                  State agency offered to at risk ABAWDs                    1. U.S. Department of Transportation,
                                                                                                                                                                amendment also identifies the airport
                                                  and the availability of those programs                  Docket Ops-M30, 1200 New Jersey
                                                                                                                                                                and its location, the procedure and the
                                                                                                          Avenue SE., West Bldg., Ground Floor,
                                                  throughout the State.                                                                                         amendment number.
                                                                                                          Washington, DC 20590–0001;
                                                     (ix) States may be required to submit                  2. The FAA Air Traffic Organization                 Availability and Summary of Material
                                                  the annual report in a standardized                     Service Area in which the affected                    Incorporated by Reference
                                                  format based upon guidance issued by                    airport is located;                                     The material incorporated by
                                                  FNS.                                                      3. The office of Aeronautical                       reference is publicly available as listed
                                                  *      *     *     *     *                              Navigation Products, 6500 South                       in the ADDRESSES section.
                                                                                                          MacArthur Blvd., Oklahoma City, OK                      The material incorporated by
                                                    Dated: March 18, 2016.
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                                                                                                          73169 or,                                             reference describes SIAPs, Takeoff
                                                  Kevin Concannon,
                                                                                                            4. The National Archives and Records                Minimums and ODPs as identified in
                                                  Under Secretary, Food, Nutrition, and                   Administration (NARA). For                            the amendatory language for part 97 of
                                                  Consumer Services.                                      information on the availability of this               this final rule.
                                                  [FR Doc. 2016–06549 Filed 3–23–16; 8:45 am]             material at NARA, call 202–741–6030,
                                                  BILLING CODE 3410–30–P                                  or go to: http://www.archives.gov/                    The Rule
                                                                                                          federal_register/code_of_federal_                        This amendment to 14 CFR part 97 is
                                                                                                          regulations/ibr_locations.html.                       effective upon publication of each


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Document Created: 2016-03-24 00:57:56
Document Modified: 2016-03-24 00:57:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim rule.
ContactMoira Johnston, Director, Office of
FR Citation81 FR 15613 
RIN Number0584-AE33
CFR Citation7 CFR 271
7 CFR 273
CFR AssociatedFood Stamps; Grant Programs-Social Programs; Reporting and Recordkeeping Requirements; Administrative Practice and Procedure; Aliens; Claims; Education and Employment; Fraud and Supplemental Nutrition Assistance Program

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