81_FR_19999 81 FR 19933 - Supplemental Nutrition Assistance Program Promotion; Correction

81 FR 19933 - Supplemental Nutrition Assistance Program Promotion; Correction

DEPARTMENT OF AGRICULTURE
Food and Nutrition Service

Federal Register Volume 81, Issue 66 (April 6, 2016)

Page Range19933-19934
FR Document2016-07454

This document contains a correction to the proposed rule published in the Federal Register on March 14, 2016, ``Supplemental Nutrition Assistance Program Promotion.'' The Food and Nutrition Service published a proposed rule in the Federal Register, 81 FR 13290, on March 14, 2016, to implement section 4018 of the Agricultural Act of 2014. Section 4018 created new limitations on the use of federal funds authorized in the Food and Nutrition Act of 2008 (FNA), for the Supplemental Nutrition Assistance Program (SNAP) promotion and outreach activities. The summary of the proposed rule is being corrected to aid in clarity to the reader.

Federal Register, Volume 81 Issue 66 (Wednesday, April 6, 2016)
[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)]
[Proposed Rules]
[Pages 19933-19934]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07454]


=======================================================================
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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 251, 271, 272, and 277

[FNS-2016-0028]
RIN 0584-AE44


Supplemental Nutrition Assistance Program Promotion; Correction

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Proposed rule; correction.

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

SUMMARY: This document contains a correction to the proposed rule 
published in the Federal Register on March 14, 2016, ``Supplemental 
Nutrition Assistance Program Promotion.'' The Food and Nutrition 
Service published a proposed rule in the Federal Register, 81 FR 13290, 
on March 14, 2016, to implement section 4018 of the Agricultural Act of 
2014. Section 4018 created new limitations on the use of federal funds 
authorized in the Food and Nutrition Act of 2008 (FNA), for the 
Supplemental Nutrition Assistance Program (SNAP) promotion and outreach 
activities. The summary of the proposed rule is being corrected to aid 
in clarity to the reader.

[[Page 19934]]


DATES: To be assured of consideration, written comments must be 
received on or before May 13, 2016.

FOR FURTHER INFORMATION CONTACT: Mary Rose Conroy, Branch Chief, 
Program Development Division, Program Design Branch, Food and Nutrition 
Services, U.S. Department of Agriculture, 3101 Park Center Drive, Room 
810, Alexandria, VA 22302, or by phone at (703) 305-2803, or by email 
at [email protected].

Correction

    In proposed rule FR Doc. 2016-05583, beginning on page 13290 in the 
issue of March 14, 2016, make the following correction in the Summary 
section. On page 13290 the Summary section is revised to read as 
follows:

SUMMARY: This proposed rule would implement Section 4018 of the 
Agricultural Act of 2014. Section 4018 created new limitations on 
the use of federal funds authorized in the Food and Nutrition Act of 
2008 (FNA), for the Supplemental Nutrition Assistance Program (SNAP) 
promotion and outreach activities. Specifically, Section 4018 of the 
2014 Farm Bill prohibits the use of Federal funds appropriated in 
the FNA from being used for recruitment activities designed to 
persuade an individual to apply for SNAP benefits; television, 
radio, or billboard advertisements that are designed to promote SNAP 
benefits and enrollment; or agreements with foreign governments 
designed to promote SNAP benefits and enrollment. The prohibition on 
using funds appropriated under the FNA for television, radio, or 
billboard advertisements does not apply to Disaster SNAP.
    Section 4018 also prohibits any entity that receives funds under 
the FNA from compensating any person engaged in outreach or 
recruitment activities based on the number of individuals who apply 
to receive SNAP benefits. Lastly, Section 4018 modifies Section 
16(a)(4) of the FNA to prohibit the Federal government from paying 
administrative costs associated with recruitment activities designed 
to persuade an individual to apply for program benefits or that 
promote the program through television, radio, or billboard 
advertisements.
    This proposed rule would also impact the Food Distribution 
Program on Indian Reservations (FDPIR) and The Emergency Food 
Assistance Program (TEFAP), both of which receive funding and/or 
foods authorized under the FNA.

     Dated: March 22, 2016.
Audrey Rowe,
Administrator, Food and Nutrition Service.
[FR Doc. 2016-07454 Filed 4-5-16; 8:45 am]
BILLING CODE 3410-30-P



                                                                              Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Proposed Rules                                                 19933

                                                      published. This updated system will be                  techniques; to protect the identities and              5 U.S.C. 552a(k)(2), has exempted this system
                                                      included in DHS’s inventory of record                   physical safety of confidential                        from the following provisions of the Privacy
                                                      systems.                                                informants and law enforcement                         Act: 5 U.S.C. 552a(c)(3). Exemptions from
                                                                                                                                                                     these particular subsections are justified, on
                                                                                                              personnel; to ensure DHS’s ability to
                                                      II. Privacy Act                                                                                                a case-by-case basis to be determined at the
                                                                                                              obtain information from third parties                  time a request is made, for the following
                                                         The Privacy Act embodies fair                        and other sources; to protect the privacy              reasons:
                                                      information practice principles in a                    of third parties; and to safeguard                        (a) From subsec. (c)(3) (Accounting for
                                                      statutory framework governing the                       classified information. Disclosure of                  Disclosures) because release of the
                                                      means by which Federal Government                       information to the subject of the inquiry              accounting of disclosures could alert the
                                                      agencies collect, maintain, use, and                    could also permit the subject to avoid                 subject of an investigation of an actual or
                                                      disseminate individuals’ records. The                   detection or apprehension.                             potential criminal, civil, or regulatory
                                                      Privacy Act applies to information that                   The exemption proposed here is a                     violation to the existence of that investigation
                                                      is maintained in a ‘‘system of records.’’               standard law enforcement exemption                     and reveal investigative interest on the part
                                                      A ‘‘system of records’’ is a group of any                                                                      of DHS as well as the recipient agency.
                                                                                                              exercised by a large number of Federal
                                                      records under the control of an agency                                                                         Disclosure of the accounting would therefore
                                                                                                              law enforcement agencies. In                           present a serious impediment to law
                                                      from which information is retrieved by                  appropriate circumstances, when                        enforcement efforts and/or efforts to preserve
                                                      the name of an individual or by some                    compliance would not appear to                         national security. Disclosure of the
                                                      identifying number, symbol, or other                    interfere with or adversely affect the law             accounting would also permit the individual
                                                      identifying particular assigned to the                  enforcement purposes of this system                    who is the subject of a record to impede the
                                                      individual. In the Privacy Act, an                      and the overall law enforcement                        investigation, to
                                                      individual is defined to encompass U.S.                 process, the applicable exemptions may                    (b) tamper with witnesses or evidence, and
                                                      citizens and lawful permanent                           be waived on a case-by-case basis.                     to avoid detection or apprehension, which
                                                      residents. As a matter of policy, DHS                     A system of records notice for DHS/                  would undermine the entire investigative
                                                      extends administrative Privacy Act                                                                             process.
                                                                                                              CBP–014 Regulatory Audit Archive
                                                      protections to all individuals when                     System (RAAS) System of Records is                     *       *    *     *      *
                                                      systems of records maintain information                 also published in this issue of the                      Dated: March 22, 2016.
                                                      on U.S. citizens, lawful permanent                      Federal Register.                                      Karen L. Neuman,
                                                      residents, and visitors.                                                                                       Chief Privacy Officer, Department of
                                                         The Privacy Act allows government                    List of Subjects in 6 CFR Part 5
                                                                                                                                                                     Homeland Security.
                                                      agencies to exempt certain records from                   Freedom of information, Privacy.
                                                                                                                                                                     [FR Doc. 2016–07894 Filed 4–5–16; 8:45 am]
                                                      the access and amendment provisions. If                   For the reasons stated in the
                                                      an agency claims an exemption,                                                                                 BILLING CODE 9111–14–P
                                                                                                              preamble, DHS proposes to amend
                                                      however, it must issue a Notice of                      chapter I of title 6, Code of Federal
                                                      Proposed Rulemaking to make clear to                    Regulations, as follows:
                                                      the public the reasons why a particular
                                                                                                                                                                     DEPARTMENT OF AGRICULTURE
                                                      exemption is claimed.                                   PART 5—DISCLOSURE OF RECORDS
                                                         DHS is revising the previously                       AND INFORMATION                                        Food and Nutrition Service
                                                      claimed exemptions from certain
                                                      requirements of the Privacy Act for                     ■ 1. The authority citation for part 5                 7 CFR Parts 251, 271, 272, and 277
                                                      DHS/CBP–014 Regulatory Audit                            continues to read as follows:
                                                      Archive System (RAAS) System of                           Authority: Pub. L. 107–296, 116 Stat.                [FNS–2016–0028]
                                                      Records. DHS/CBP is not requesting an                   2135; (6 U.S.C. 101 et seq.); 5 U.S.C. 301.
                                                      exemption with respect to information                   Subpart A also issued under 5 U.S.C. 552.
                                                                                                                                                                     RIN 0584–AE44
                                                      maintained in the system as it relates to               Subpart B also issued under 5 U.S.C. 552a.
                                                      data submitted by or on behalf of a                     ■ 2. In appendix C to part 5, revise                   Supplemental Nutrition Assistance
                                                      subject of an audit. The Privacy Act                    paragraph 25 to read as follows:                       Program Promotion; Correction
                                                      requires DHS to maintain an accounting
                                                      of the disclosures made pursuant to all                 Appendix C to Part 5—DHS Systems of                    AGENCY:  Food and Nutrition Service
                                                      routines uses. Disclosing the fact that a               Records Exempt From the Privacy Act                    (FNS), USDA.
                                                      law enforcement or intelligence agency                  *       *     *       *      *                         ACTION: Proposed rule; correction.
                                                      has sought particular records may affect                   25. The Department of Homeland Security/
                                                      ongoing law enforcement activity.                       U.S. Customs and Border Protection-014                 SUMMARY:   This document contains a
                                                      Therefore, pursuant to 5 U.S.C.                         Regulatory Audit Archive System (RAAS)                 correction to the proposed rule
                                                      552a(k)(2), DHS will claim exemption                    System of Records consists of electronic and           published in the Federal Register on
                                                      from sec. (c)(3) of the Privacy Act of                  paper records and will be used by DHS and              March 14, 2016, ‘‘Supplemental
                                                                                                              its Components. The DHS/CBP–014 RAAS
                                                      1974, as amended, as is necessary and                                                                          Nutrition Assistance Program
                                                                                                              System of Records is a repository of
                                                      appropriate to protect this information.                information held by DHS in connection with             Promotion.’’ The Food and Nutrition
                                                         Some information in DHS/CBP–014                      its several and varied missions and functions,         Service published a proposed rule in the
                                                      Regulatory Audit Archive System                         including, but not limited to: The                     Federal Register, 81 FR 13290, on
                                                      (RAAS) System of Records relates to                     enforcement of civil and criminal laws;                March 14, 2016, to implement section
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      official DHS law enforcement activities.                investigations, inquiries, and proceedings             4018 of the Agricultural Act of 2014.
                                                      These exemptions are needed to protect                  there under. The DHS/CBP–014 RAAS                      Section 4018 created new limitations on
                                                      information relating to DHS law                         System of Records contains information that            the use of federal funds authorized in
                                                                                                              is collected by, on behalf of, in support of,
                                                      enforcement activities from disclosure                                                                         the Food and Nutrition Act of 2008
                                                                                                              or in cooperation with DHS and its
                                                      to subjects or others related to these                  Components and may contain personally                  (FNA), for the Supplemental Nutrition
                                                      activities. Specifically, the exemptions                identifiable information collected by other            Assistance Program (SNAP) promotion
                                                      are required to preclude subjects of                    Federal, State, local, tribal, foreign, or             and outreach activities. The summary of
                                                      these activities from frustrating these                 international government agencies. The                 the proposed rule is being corrected to
                                                      processes; to avoid disclosure of activity              Secretary of Homeland Security, pursuant to            aid in clarity to the reader.


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                                                      19934                   Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Proposed Rules

                                                      DATES: To be assured of consideration,                  SMALL BUSINESS ADMINISTRATION                          FOR FURTHER INFORMATION CONTACT:
                                                      written comments must be received on                                                                           Jerome Edwards, Office of Disaster
                                                      or before May 13, 2016.                                 13 CFR Part 123                                        Assistance 202–205–6734 or
                                                                                                                                                                     Jerome.Edwards@sba.gov.
                                                      FOR FURTHER INFORMATION CONTACT:                        RIN 3245–AG78
                                                                                                                                                                     SUPPLEMENTARY INFORMATION: Section
                                                      Mary Rose Conroy, Branch Chief,
                                                      Program Development Division,                           Disaster Assistance Loan Program;                      7(b) of the Small Business Act, 15 U.S.C.
                                                                                                              Disaster Loan Mitigation, Contractor                   636(b), authorizes SBA to make direct
                                                      Program Design Branch, Food and
                                                                                                              Malfeasance and Secured Threshold                      loans to homeowners, renters,
                                                      Nutrition Services, U.S. Department of
                                                                                                                                                                     businesses, and non-profit organizations
                                                      Agriculture, 3101 Park Center Drive,                    AGENCY:  U.S. Small Business                           that have been adversely affected by a
                                                      Room 810, Alexandria, VA 22302, or by                   Administration.                                        disaster. After a declared disaster, SBA
                                                      phone at (703) 305–2803, or by email at                 ACTION: Proposed rule.                                 makes loans of up to $200,000 to
                                                      Maryrose.conroy@fns.usda.gov.                                                                                  homeowners and renters (plus up to
                                                                                                              SUMMARY:   The U.S. Small Business                     $40,000 for personal property) and loans
                                                      Correction                                              Administration (SBA) proposes to                       of up to $2 million to businesses of all
                                                        In proposed rule FR Doc. 2016–05583,                  amend its disaster loan program                        sizes and non-profit organizations to
                                                                                                              regulations in response to changes made                assist with any uninsured and otherwise
                                                      beginning on page 13290 in the issue of
                                                                                                              to the Small Business Act (the Act) by                 uncompensated physical losses
                                                      March 14, 2016, make the following
                                                                                                              the Recovery Improvements for Small                    sustained during the disaster. In
                                                      correction in the Summary section. On
                                                                                                              Entities After Disaster Act of 2015 (the               addition to loans for the repair or
                                                      page 13290 the Summary section is                       RISE Act). The first change would
                                                      revised to read as follows:                                                                                    replacement of damaged physical
                                                                                                              expand the definition of a mitigating                  property, SBA also offers working
                                                      SUMMARY: This proposed rule would                       measure to include the construction of                 capital loans, known as Economic Injury
                                                      implement Section 4018 of the Agricultural              a safe room or similar storm shelter                   Disaster Loans (EIDLs), to small
                                                      Act of 2014. Section 4018 created new                   designed to protect property and                       businesses, small agricultural
                                                      limitations on the use of federal funds                 occupants. The second change would                     cooperatives, and most private non-
                                                      authorized in the Food and Nutrition Act of             allow for an increase of the unsecured                 profit organizations that have suffered
                                                      2008 (FNA), for the Supplemental Nutrition              threshold for physical damage loans for
                                                      Assistance Program (SNAP) promotion and
                                                                                                                                                                     economic injury caused by a disaster.
                                                                                                              non-major disasters. The third change                  The maximum loan amount is $2
                                                      outreach activities. Specifically, Section 4018         would allow SBA to increase loan
                                                      of the 2014 Farm Bill prohibits the use of
                                                                                                                                                                     million for physical and economic
                                                                                                              amounts to address contractor                          injuries combined. SBA may waive this
                                                      Federal funds appropriated in the FNA from              malfeasance. In addition, SBA proposes
                                                      being used for recruitment activities designed                                                                 $2 million limit if a business is a major
                                                                                                              to make several technical corrections to               source of employment.
                                                      to persuade an individual to apply for SNAP             conform certain regulatory provisions to
                                                      benefits; television, radio, or billboard                                                                        The Recovery Improvements for Small
                                                                                                              existing statutory authority and remove
                                                      advertisements that are designed to promote                                                                    Entities After Disaster Act of 2015,
                                                                                                              an obsolete reference in part 123.
                                                      SNAP benefits and enrollment; or agreements                                                                    Public Law 114–88, 129 Stat. 686
                                                                                                              DATES: Comments must be received on                    (November 25, 2015), amended certain
                                                      with foreign governments designed to
                                                                                                              or before June 6, 2016.                                terms and conditions of SBA’s Disaster
                                                      promote SNAP benefits and enrollment. The
                                                      prohibition on using funds appropriated                 ADDRESSES: You may submit comments,                    Assistance program. As discussed
                                                      under the FNA for television, radio, or                 identified by RIN 3245–AG78, by any of                 below, this rulemaking proposes to
                                                      billboard advertisements does not apply to              the following methods: (1) Federal                     implement three of those amendments,
                                                      Disaster SNAP.                                          Rulemaking Portal: http://                             as set out in sections 1102, 2102 and
                                                         Section 4018 also prohibits any entity that          regulations.gov. Follow the specific                   2107 of the RISE Act. SBA also proposes
                                                      receives funds under the FNA from                       instructions for submitting comments;                  to make several minor technical
                                                      compensating any person engaged in                      (2) Fax: (202) 205–7728 or Email                       amendments to the program regulations
                                                      outreach or recruitment activities based on             James.Rivera@sba.gov; or (3) Mail/Hand                 that, among other things, would ensure
                                                      the number of individuals who apply to                  Delivery/Courier: James E. Rivera,                     consistency between the program’s
                                                      receive SNAP benefits. Lastly, Section 4018             Associate Administrator for Disaster                   regulatory and statutory authorities.
                                                      modifies Section 16(a)(4) of the FNA to                 Assistance, 409 3rd Street SW.,
                                                                                                              Washington, DC 20416.                                  Changes Made as a Result of the RISE
                                                      prohibit the Federal government from paying
                                                                                                                 SBA will post all comments to this                  Act
                                                      administrative costs associated with
                                                      recruitment activities designed to persuade             proposed rule on www.regulations.gov.                     Section 1102 of the RISE Act, Use of
                                                      an individual to apply for program benefits             If you wish to submit confidential                     Physical Damage Disaster Loans to
                                                      or that promote the program through                     business information (CBI) as defined in               Construct Safe Rooms, expanded the
                                                      television, radio, or billboard advertisements.         the User Notice at www.regulations.gov,                definition of mitigation to include
                                                         This proposed rule would also impact the             you must submit such information to                    ‘‘construction of a safe room or similar
                                                      Food Distribution Program on Indian                     U.S. Small Business Administration,                    storm shelter designed to protect
                                                      Reservations (FDPIR) and The Emergency                  Jerome Edwards, Office of Disaster                     property and occupants from tornadoes
                                                      Food Assistance Program (TEFAP), both of                Assistance, 409 3rd Street SW., Mail                   or other natural disasters, if such safe
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      which receive funding and/or foods                      code 2990, Washington, DC 20416, or                    room or similar storm shelter is
                                                      authorized under the FNA.                               send an email to Jerome.Edwards@                       constructed in accordance with
                                                       Dated: March 22, 2016.                                 sba.gov. Highlight the information that                applicable standards issued by the
                                                      Audrey Rowe,                                            you consider to be CBI and explain why                 Federal Emergency Management
                                                                                                              you believe SBA should hold this                       Agency.’’ This change allows SBA to
                                                      Administrator, Food and Nutrition Service.
                                                                                                              information as confidential. SBA will                  include a safe room or storm shelter as
                                                      [FR Doc. 2016–07454 Filed 4–5–16; 8:45 am]              review your information and determine                  a mitigating measure; therefore, SBA
                                                      BILLING CODE 3410–30–P                                  whether it will make the information                   proposes to amend 13 CFR 123.21 to
                                                                                                              public.                                                reflect this change in the definition of a


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Document Created: 2018-02-07 13:51:55
Document Modified: 2018-02-07 13:51:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; correction.
DatesTo be assured of consideration, written comments must be received on or before May 13, 2016.
ContactMary Rose Conroy, Branch Chief, Program Development Division, Program Design Branch, Food and Nutrition Services, U.S. Department of Agriculture, 3101 Park Center Drive, Room 810, Alexandria, VA 22302, or by phone at (703) 305-2803, or by email at [email protected]
FR Citation81 FR 19933 
RIN Number0584-AE44
CFR Citation7 CFR 251
7 CFR 271
7 CFR 272
7 CFR 277

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