81_FR_23265 81 FR 23189 - Supplemental Nutrition Assistance Program: Standard Utility Allowances Based on the Receipt of Energy Assistance Payments Under the Agricultural Act of 2014

81 FR 23189 - Supplemental Nutrition Assistance Program: Standard Utility Allowances Based on the Receipt of Energy Assistance Payments Under the Agricultural Act of 2014

DEPARTMENT OF AGRICULTURE
Food and Nutrition Service

Federal Register Volume 81, Issue 76 (April 20, 2016)

Page Range23189-23194
FR Document2016-09114

This proposed rule would revise Supplemental Nutrition Assistance Program (SNAP) regulations in accordance with amendments made to the Food and Nutrition Act of 2008 (the Act) that requires States that elect to use a heating or cooling standard utility allowance (HCSUA) in SNAP eligibility determinations to make the HCSUA available to households that have received a payment under the Low- Income Home Energy Assistance Act of 1981 (LIHEAA) (known as a Low- Income Home Energy Assistance Program (LIHEAP) payment), or other similar energy assistance program payment, greater than $20 annually in the current month or in the immediately preceding 12 months.

Federal Register, Volume 81 Issue 76 (Wednesday, April 20, 2016)
[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Proposed Rules]
[Pages 23189-23194]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09114]


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

DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 273

RIN 0584-AE43


Supplemental Nutrition Assistance Program: Standard Utility 
Allowances Based on the Receipt of Energy Assistance Payments Under the 
Agricultural Act of 2014

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

ACTION: Proposed rule.

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

SUMMARY: This proposed rule would revise Supplemental Nutrition 
Assistance Program (SNAP) regulations in accordance with amendments 
made to the Food and Nutrition Act of 2008 (the Act) that requires 
States that elect to use a heating or cooling standard utility 
allowance (HCSUA) in SNAP eligibility determinations to make the HCSUA 
available to households that have received a payment under the Low-
Income Home Energy Assistance Act of 1981 (LIHEAA) (known as a Low-
Income Home Energy Assistance Program (LIHEAP) payment), or other 
similar energy assistance program payment, greater than $20 annually in 
the current month or in the immediately preceding 12 months.

DATES: Written comments must be received on or before June 20, 2016 to 
be assured of consideration.

ADDRESSES: The USDA Food and Nutrition Service invites interested 
persons to submit written comments on this proposed rule. Comments may 
be submitted in writing by one of the following methods:
     Preferred Method: Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Send comments to Sasha Gersten-Paal, Branch Chief, 
Certification Policy Branch, Program Development Division, FNS, 3101 
Park Center Drive, Alexandria, Virginia 22302, 703-305-2507.
    All written comments submitted in response to this proposed 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. FNS will make the written comments 
publicly available on the Internet via http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Sasha Gersten-Paal, Branch Chief,

[[Page 23190]]

Certification Policy Branch, Program Development Division, Food and 
Nutrition Service, 3101 Park Center Drive, Alexandria, Virginia 22302, 
703-305-2507.

SUPPLEMENTARY INFORMATION: 

Background

    The Food and Nutrition Act of 2008, as amended, establishes uniform 
national eligibility standards for SNAP, including the definition of a 
SNAP household, countable income and assets, allowable deductions from 
gross income, and maximum benefit levels. Households are allowed to 
deduct certain amounts from their gross monthly income, including 
shelter expenses that exceed 50 percent of their income after all other 
deductions (up to a maximum limit for households that do not have 
elderly or disabled members). Household benefits are calculated based 
on the household's maximum allotment and net income; households with 
lower net incomes generally receive larger benefits than households 
with higher net incomes.
    Shelter expenses include the basic cost of housing as well as 
utilities and other allowable expenses. In order to simplify program 
administration, States are permitted to establish Standard Utility 
Allowances (SUAs) that households may use in lieu of actual utility 
expenses. States may establish multiple SUAs to reflect differences in 
households' circumstances. The heating or cooling SUA (HCSUA) is one 
such SUA and is available to households that pay heating or cooling 
expenses separate from their rent or mortgage, as well as households 
that receive Low-Income Home Energy Assistance Program (LIHEAP) 
payments or other similar energy assistance program payments. 
Households that do not pay heating or cooling expenses out-of-pocket 
but that are billed directly for other utility costs are entitled to a 
SUA (or SUAs) appropriate to the types of utility expenses they incur, 
where applicable.
    For the purposes of the HCSUA, receipt of a LIHEAP payment serves 
as a reasonable proxy for the actual utility costs that a household 
incurs, providing a simpler way for States and applicants to determine 
utility costs. Before the enactment of the Agricultural Act of 2014, 
Section 5(e)(6)(C)(iv) of the Act provided that all households 
receiving a LIHEAP payment or on behalf of which a LIHEAP payment was 
made automatically qualified for the HCSUA, regardless of the amount of 
the LIHEAP payment. Current regulations at 7 CFR 273.9(d)(6)(iii)(C) 
reflect this requirement.
    Section 4006 of the Agricultural Act of 2014 amends Section 
5(e)(6)(C)(iv)(I) of the Act by requiring States electing to use an 
HCSUA to make the HCSUA available to households that received a payment 
or on behalf of which a payment was made under the Low-Income Home 
Energy Assistance Act of 1981 or other similar energy assistance 
program, if in the current month or in the immediately preceding 12 
months, the household either received such a payment or such a payment 
was made on behalf of the household that was greater than $20 annually.
    This rule codifies guidance FNS issued to States following passage 
of the Agricultural Act of 2014. The Department is proposing to amend 
the regulations at 7 CFR 273.9(d)(6)(iii)(C) to incorporate these 
changes.

Other Similar Energy Assistance Program

    Section 5(e)(6)(C)(iv)(I) of the Act, as amended by Section 4006 of 
the Agricultural Act of 2014, provides for the HCSUA upon receipt of 
LIHEAP payments as well as payments from an ``other similar energy 
assistance program.'' The Department is also proposing to amend the 
regulations at 7 CFR 273.9(d)(6)(iii)(C) to establish a standard for 
determining what constitutes an ``other similar energy assistance 
program.'' ``[O]ther similar energy assistance program'' would be 
defined as a separate home energy assistance program designed to 
provide heating or cooling assistance through a payment directly to or 
on behalf of low-income households.
    For the purposes of this preamble discussion, the phrase 
``qualifying LIHEAP or other payment'' refers to those LIHEAP or other 
similar energy assistance program payments that are in excess of $20 
annually and have been received by or made on behalf of the household 
in the current or immediately preceding 12 months.
    The language in the Act refers to LIHEAP or other similar energy 
assistance program payments received by or made ``on behalf of'' 
households, while the existing regulatory language refers to direct or 
indirect payments received by households. To support consistency, the 
Department proposes that the regulatory language reflect the statutory 
language.

Qualifying LIHEAP or Other Payment

    Section 5(e)(6)(C)(iv)(I) of the Act, as amended by Section 4006 of 
the Agricultural Act of 2014, requires that the payment received by or 
made on behalf of the household must exceed $20 annually. The 
Department does not have discretion to alter the $20 threshold. 
However, standards regarding the payment would be important and helpful 
in order to ensure uniformity across State agencies. Therefore, the 
payment must be quantifiable in order to be acceptable for purposes of 
granting the HCSUA. By quantifiable, the Department means that the 
State agency must be able to quantify, in dollars, the amount of the 
payment. The Department is proposing to codify these requirements at 
revised 7 CFR 273.9(d)(6)(iii)(C)(1)(iii).
    Section 5(e)(6)(C)(iv)(I) of the Act also requires receipt of the 
payment in the ``current'' month or the immediately preceding 12 months 
in order to confer eligibility for the HCSUA. As proposed, the 
``current month'' refers strictly to the calendar month, meaning from 
the first to the final day of a given month.
    On a related note, the Department proposes to revise language at 7 
CFR 273.10(d)(6), which currently provides that all energy assistance 
payments except for those made under the LIHEAA must be prorated over 
the entire heating or cooling season that the payment is intended to 
cover. This was a technical error that FNS proposes to correct in this 
rule. Such a correction is consistent with the language in the 
Agricultural Act of 2014 that qualifying LIHEAP payments must be 
received in the current month or the immediately preceding 12 months in 
order to confer eligibility for the HCSUA. Additionally, the 
Agricultural Act of 2014 struck language in Section 5(e)(6)(C)(iv)(I) 
of the Act requiring that households incur ``out-of-pocket heating or 
cooling expenses in excess of any assistance paid on behalf of the 
household to an energy provider.'' In light of these changes made by 
the Agricultural Act of 2014, FNS is proposing to amend 7 CFR 
273.10(d)(6) to reflect the requirement in Section 5(e)(6)(C)(iv)(IV) 
that assistance under LIHEAA be considered to be prorated over the 
heating or cooling season.
    The new language in Section 5(e)(6)(C)(iv)(I) of the Act no longer 
allows a household to qualify for a HCSUA based on anticipated receipt 
in future months. This rule proposes that applying the HCSUA to a 
household's case based on anticipated receipt is only permissible if 
the payment is anticipated to be received by the household within the 
current calendar month. At the State agency's option, if a qualifying 
LIHEAP or other payment greater than $20 (or payment which would bring 
the household's total payments for the year to a total greater than 
$20) is scheduled for the current month, the payment may be considered

[[Page 23191]]

to have been received for the purposes of conferring eligibility for 
the HCSUA. However, if the payment is not actually made within that 
month, benefits received by the household would be considered an 
overissuance and the State agency should pursue a claim against the 
household for any benefits issued in error in accordance with its 
established claims management procedures. The Department is proposing 
to revise 7 CFR 273.9(d)(6)(iii)(C) accordingly to codify these 
requirements.
    State agencies would be responsible for tracking the date and 
receipt of the qualifying LIHEAP or other payment to ensure the payment 
satisfies the timing requirements and exceeds the $20 minimum 
threshold. The Department encourages State agencies to modify data 
sharing agreements with their respective LIHEAP agencies, as 
appropriate, to ensure transmission of timely and accurate information 
needed for SNAP eligibility and benefit determinations.
    If a household has not received a qualifying LIHEAP or other 
payment at the time of certification and has not incurred actual 
utility expenses, the household would not be entitled to the HCSUA at 
certification. If the household were to subsequently receive a 
qualifying LIHEAP or other payment, or if one were made on the 
household's behalf during the certification period, the State agency 
would need to take action according to the rules of their chosen 
reporting system under 7 CFR 273.12.
    The Department notes that this provision does not affect a 
household's ability, if any, to use actual costs rather than the 
standardized HCSUA. SNAP households that are billed directly for 
utility costs are entitled to a Standard Utility Allowance (SUA) 
appropriate to the types of utility expenses they incur. In States that 
do not have mandatory SUA policies, the household is entitled to use 
its actual costs, rather than the standard. The Department encourages 
all State agencies to review their available utility allowances to 
ensure that all households with actual expenses are able to claim an 
allowance that best represents that types of utility expenses they 
have.
    As a related issue, the regulations at 7 CFR 273.9(d)(6)(iii)(C) as 
currently written provide that a HCSUA is available to households in 
private rental housing who are billed by their landlords on the basis 
of individual usage or who are charged a flat rate separately from 
their rent. However, the Department understands that some individuals 
renting in public housing may also be billed based on individual usage 
or separately from their rent. Although the more common situation is 
for public housing properties to include heating and cooling costs in 
the rent, public housing rental situations with separate heating and 
cooling costs do exist. For these reasons, the Department is proposing 
a technical correction to Sec.  273.9(d)(6)(iii)(C) by removing the 
word ``private'' from this provision.
    In States with mandatory HCSUAs, utility costs do not require 
verification for SNAP purposes, unless questionable. Similarly, receipt 
of more than $20 in qualifying LIHEAP or other payments would not 
require verification for SNAP purposes, unless questionable. In States 
that do not mandate use of the HCSUA, verification of utility costs is 
mandatory if the household wishes to claim utility costs in excess of 
the State agency's HCSUA and the expense would actually result in a 
deduction. State agencies should consider program access, integrity, 
and the potential for Quality Control errors in determining their 
verification procedures.

Special Circumstances

    State agencies that use the HCSUA would need to make the HCSUA 
available to SNAP households that have received a qualifying LIHEAP or 
other similar energy assistance program payment, regardless of any 
change in the household's residence or address. The Act does not 
specify that the qualifying LIHEAP or other payment must be received at 
the household's current address or place of residence.
    If the State agency has an indication that a household received a 
qualifying LIHEAP or other payment in another State, the State would 
need to act on it. Again, for States that have elected to use a HCSUA, 
the HCSUA would need to be made available to households that have 
received a qualifying LIHEAP or other payment, provided that the 
payment was received in the current month or preceding 12 months and 
was in excess of $20 over the same time period.
    If a household that has received a qualifying LIHEAP or other 
payment subsequently splits into two SNAP households, State agencies 
would need to determine which one household is eligible for the HCSUA 
based on the qualifying LIHEAP or other payment. The Department 
believes the State agency is in the best situation to determine which 
household would receive the HCSUA based on the qualifying LIHEAP or 
other payment. As with other discretionary policy decisions, a State's 
chosen policy would need to be applied in a consistent and equitable 
way. The Department is proposing to revise 7 CFR 273.9(d)(6)(iii)(C) to 
incorporate these standards.
    The Department has received several inquiries regarding 
weatherization projects and eligibility for the HCSUA. The Department 
understands that State agencies may use a portion of LIHEAP block grant 
funding to support weatherization projects. Section 5(e)(6)(C)(iv) of 
the Act requires State agencies that use the HCSUA to make the HCSUA 
available to SNAP households that have received a LIHEAP or other 
payment, provided the payment was received by or made on behalf of the 
household in the current or preceding 12 months and exceeds $20 
annually.
    The Act does not explicitly address how State agencies should 
evaluate LIHEAP funds that are used to pay for weatherization projects 
on behalf of households in multi-family dwellings. However, to be an 
acceptable qualifying LIHEAP or other payment, the payment must be 
quantifiable to the household. The Department is proposing that 
weatherization projects for multi-family dwellings cannot confer 
eligibility for the HCSUA for households within the multi-family 
dwelling. The Act does not explicitly address how State agencies should 
evaluate LIHEAP funds that are used to pay for weatherization projects 
in multi-family dwellings. However, in a June 15, 1999 Information 
Memorandum issued by the Department of Health and Human Services (HHS), 
which oversees LIHEAP at the Federal level, HHS determined that 
weatherization of multi-unit buildings ``is not a benefit provided to 
an individual, household or family eligibility unit.'' Because the Act 
requires that the LIHEAP or other payment must have been received by or 
made on behalf of a household, the Department is proposing that such 
payments cannot confer eligibility for the HCSUA. However, the 
Department requests comment on whether HHS' guidance is fully 
applicable in this situation, such as when weatherization of multi-
family dwellings is funded by other similar energy assistance programs, 
and is considering alternative approaches that may allow multi-family 
dwelling weatherization projects to confer eligibility for the HCSUA. 
The Department requests comment on this proposal as well as potential 
alternative approaches.

Procedural Matters

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and

[[Page 23192]]

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 proposed rule has been determined to be economically 
significant and was reviewed by the Office of Management and Budget 
(OMB) in conformance with Executive Order 12866.

Regulatory Impact Analysis

    As required for all rules that have been designated as significant 
by OMB, a RIA was developed for this proposed rule. The RIA for this 
rule was published as part of docket number [Docket Placeholder] on 
www.regulations.gov. A summary of the analysis follows:
    The Regulatory Impact Analysis (RIA) that accompanies this proposed 
rule outlines the savings to the Government as well as the effect of 
the proposed rule on low-income families, program participation, and 
State agencies. The RIA also outlines the uncertainty in assumptions on 
savings and alternatives considered when drafting the proposed rule.
    The Department estimates that the total savings to the Government 
from reduced SNAP benefits will be $2.2 billion between FY 2016 and FY 
2020. The Department estimates that the effect of the rule on low-
income families will result in potentially smaller benefit amounts for 
some families, primarily those living in States that have minimum 
LIHEAP payments below the new minimum threshold for LIHEAP payments 
required to be eligible for a HCSUA. The Department estimates that the 
impact on SNAP participation will be minimal, with one-fourth of 
households in States that do not increase their LIHEAP payment above 
the $20 threshold seeing a decrease in benefits, but likely still being 
eligible to participate in the program. The Department estimates that 
the impact on State agencies will be minimal since States already made 
changes to their current caseload in accordance with the timeframes 
established under Section 4006 of the Agricultural Act of 2014 and the 
FNS guidance implementing Section 4006. There is some uncertainty 
concerning the estimates in the RIA, in part because they assume no 
changes in State behavior over time. Thirteen States have increased 
their minimum LIHEAP payments following the enactment of Section 4006 
of the Agricultural Act of 2014. If one or more of these thirteen 
states decreases or discontinues these minimum payments in future 
years, savings would increase. Conversely, if any additional States 
decide to issue LIHEAP payments above the $20 threshold in future 
years, savings would decrease. The Department did not consider any 
alternatives to this rule because the language in the Agricultural Act 
of 2014 was very specific and prescriptive regarding the implementation 
dates and the payment threshold required.

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 would minimize any significant impacts on a 
substantial number of small entities. Pursuant to that review, it has 
been certified that this proposed rule would not have a significant 
impact on a substantial number of small entities. State agencies that 
administer SNAP will be affected to the extent they implement the 
changes to program operations.

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 and 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 proposed and final rules with ``Federal 
mandates'' that may result in expenditures by State, local or Tribal 
governments, in the aggregate, or 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 most cost effective or least burdensome alternative that achieves 
the objectives of the rule.
    This proposed rule does not contain 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 
Programs under 10.551. For the reasons set forth in the final rule in 7 
CFR part 3015, subpart V, and related Notice (48 FR 29115, June 24, 
1983), this program is included in the scope of Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials.

Federalism Summary Impact Statement

    Executive Order 13132 requires Federal agencies to consider the 
impact of their regulatory actions on State and local governments. 
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 Executive Order 13121.
    The Department has determined that this proposed rule does not have 
Federalism implications. This rule does not impose substantial or 
direct compliance costs on State and local governments. Therefore, 
under Section 6(b) of the Executive Order, a Federalism summary impact 
statement is not required.

Executive Order 12988, Civil Justice Reform

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule, when published as a final rule, is 
intended to have preemptive effect with respect to any State or local 
laws, regulations or policies which conflict with its provisions or 
which would otherwise impede its full and timely implementation. This 
rule is not intended to have retroactive effect unless so specified in 
the Effective Dates section of the final rule. Prior to any judicial 
challenge to the provisions of the final rule, all applicable 
administrative procedures must be exhausted.

Civil Rights Impact Analysis

    The Department has reviewed this proposed rule in accordance with 
the Department Regulation 4300-4, ``Civil Rights Impact Analysis,'' to 
identify and address any major civil rights impacts the rule might have 
on minorities, women, and persons with disabilities. After a careful 
review of the rule's intent and provisions, the Department has 
determined that this rule will not in any way limit or reduce the 
ability of protected classes of individuals. The Department has 
reviewed this proposed rule in accordance with USDA Regulation 4300-4, 
``Civil Rights Impact Analysis,'' to identify any major civil rights 
impacts the rule might have on

[[Page 23193]]

program participants on the basis of age, race, color, national origin, 
sex, or disability.
    The changes to SNAP regulations in this proposed rule are required 
by law and are not intended to limit the participation of any group of 
individuals in the SNAP program.
    Impact on Households: This mandatory change will impact all 
households uniformly, regardless of status in a protected class. 
Although LIHEAP and other similar energy assistance program payments 
are issued by agencies other than USDA, FNS understands that these 
payments are not disseminated to specific portions of the population 
based on status in a protected class. Nor does FNS have information 
indicating that particular protected classes receive these payments.
    In States that do not provide minimum LIHEAP payments greater than 
$20, the new legislation may affect the number of households that 
qualify for the HCSUA and may cause a reduction to those households' 
monthly SNAP benefit amounts. However, households that previously 
qualified for the HCSUA based on the receipt of a $20 or less LIHEAP 
payment may still qualify for the HCSUA if they incur heating or 
cooling expenses. Only those households without actual heating and 
cooling costs will experience a benefit change due to the 
implementation of this provision of the Agricultural Act of 2014.
    Further, FNS specifically prohibits the State and local government 
agencies that administer the program from engaging in discriminatory 
actions. Discrimination in any aspect of program administration is 
prohibited by SNAP regulations, the Food and Nutrition Act of 2008, the 
Age Discrimination Act of 1975, Section 504 of the Rehabilitation Act 
of 1973, the Americans with Disabilities Act of 1990 and Title VI of 
the Civil Rights Act of 1964. Where State agencies have options, and 
they choose to implement a certain provision, they must implement it in 
such a way that it complies with these requirements and the regulations 
at 7 CFR 272.6.
    Impact on State Agencies: State agencies have already implemented 
this requirement, and have already completed necessary changes to 
eligibility systems, manuals, and training procedures for staff. Also, 
although State agencies had some flexibility to stagger the application 
of this provision to ongoing caseloads, at this point, the new 
requirements are being used to determine program eligibility for all 
new applicants and ongoing cases.
    Training and Outreach: SNAP is administered by State agencies which 
communicate program information and program rules based on Federal law 
and regulations to those within their jurisdiction, including 
individuals from protected classes that may be affected by program 
changes. After the passage of the Agricultural Act of 2014, FNS worked 
with State agencies to ensure their understanding of the changes 
required by Section 4006. FNS released an implementation memorandum on 
this provision with all State agencies on March 5, 2014. In response to 
various State agencies' questions on LIHEAP-related issues, FNS shared 
guidance through a Question & Answer memorandum on April 7, 2014 and a 
second Q&A memorandum on August 20, 2014 to address the State agencies' 
questions and concerns and ensure clarity on requirements for 
implementing the requirement.
    FNS also maintains a public Web site that provides basic 
information on each program, including SNAP. Interested persons, 
including potential applicants, applicants, and participants can find 
information about these changes as well as State agency contact 
information, downloadable applications, and links to State agency Web 
sites and online applications.
    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 proposed rule will not have a 
disparate impact on any group or class of persons.

Executive Order 13175

    This proposed 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 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.
    FNS has assessed the impact of this proposed rule on Indian tribes 
and determined that this rule does not, to our knowledge, have tribal 
implications that require tribal consultation under E.O. 13175. On 
February 18, 2015, the agency held a webinar for tribal participation 
and comments. No comments were received. 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.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; 5 CFR 
13200) requires that the Office of Management and Budget (OMB) approve 
all collections of information by a Federal agency before they can be 
implemented. This proposed rule does not contain information collection 
requirements subject to approval of OMB under the Paperwork Reduction 
Act of 1994. State agencies were required to make minimal, one-time 
changes to their eligibility systems, manuals, and training procedures 
for staff by May 5, 2014 to comply with the provisions of the statute. 
Other minimal burdens imposed on State agencies by this proposed rule 
are usual and customary within the course of their normal business 
activities.

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.

List of Subjects in 7 CFR Part 273

    Determining household eligibility and benefit levels, Income and 
deductions.

    Accordingly, 7 CFR part 273 is proposed to be amended as follows:

PART 273--CERTIFICATION OF ELIGIBLE HOUSEHOLDS

0
1. The authority citation for part 273 continues to read as follows:

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

0
2. In Sec.  273.9, revise paragraph (d)(6)(iii)(C) to read as follows:


Sec.  273.9  Income and deductions.

* * * * *
    (d) * * *
    (6) * * *
    (iii) * * *
    (C)(1) A standard with a heating or cooling component must be made 
available to the following households:
    (i) Households that incur heating or cooling expenses separately 
from their rent or mortgage;

[[Page 23194]]

    (ii) Households in rental housing who are billed by their landlords 
on the basis of individual usage or who are charged a flat rate 
separately from their rent. However, households in public housing units 
which have central utility meters and which charge households only for 
excess heating or cooling costs are not entitled to a standard that 
includes heating or cooling costs based only on the charge for excess 
usage, unless the State agency mandates the use of standard utility 
allowances in accordance with paragraph (d)(6)(iii)(E) of this section; 
and
    (iii) Households that receive a payment or on behalf of which a 
payment was made under the Low Income Home Energy Assistance Act of 
1981 (LIHEAA) or other similar energy assistance program, if in the 
current month or in the immediately preceding 12 months and such 
payment was greater than $20 annually. Other similar energy assistance 
programs are separate home energy assistance programs designed to 
provide heating or cooling assistance through a payment received by or 
made on behalf of low-income households. A payment received by a 
household or made on behalf of a household under LIHEAA or other 
similar energy assistance program must be quantifiable in order to 
confer eligibility for the heating and cooling standard utility 
allowance. A quantifiable payment is one that the State agency 
quantifies, in dollars. The State agency shall document the date and 
receipt of a payment made under LIHEAA or other similar energy 
assistance program to ensure the payment was received in the current 
month or the immediately preceding 12 months and exceeds $20 annually. 
In determining a household's eligibility for the HCSUA, State agencies 
shall not consider anticipated receipt of a payment to be an actual 
payment received under the LIHEAA or other similar energy assistance 
program. However, for purposes of this subclause, a State agency may 
consider a payment under the LIHEAA or other similar energy assistance 
program to be received by the household or on behalf of the household 
if the household is scheduled to receive the payment in the current 
month. In a case where a payment is scheduled to be received in the 
current month and the payment is not actually made within that month, 
the State agency is responsible for determining whether an overissuance 
has occurred and, if so, establishing a claim against the household for 
any benefits issued in error in accordance with the requirements at 7 
CFR 273.18. If a household that has received a payment made under the 
LIHEAA or other similar energy assistance program or such a payment has 
been made on a household's behalf and the household subsequently splits 
into two SNAP households, the State agency must determine which one 
household is eligible for the heating and cooling standard utility 
allowance as a result of receiving that payment.
    (2) A household that has both an occupied home and an unoccupied 
home is only entitled to one standard.
* * * * *
0
3. In Sec.  273.10, revise paragraph (d)(6) to read as follows:


Sec.  273.10  Determining household eligibility and benefit levels.

* * * * *
    (d) * * *
    (6) Energy Assistance Payments. The State agency shall prorate 
energy assistance payments as provided for in Sec.  273.9(d) of this 
part over the entire heating or cooling season the payment is intended 
to cover.
* * * * *

    Dated: April 12, 2016.
Kevin Concannon,
Under Secretary for Food, Nutrition, and Consumer Services.
[FR Doc. 2016-09114 Filed 4-19-16; 8:45 am]
BILLING CODE 3410-30-P



                                                                      Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Proposed Rules                                          23189

                                                  Since this change is a technical                     information and services, and for other                DEPARTMENT OF AGRICULTURE
                                               correction and editorial in nature, and                 purposes.
                                               will not result in a change to the way                                                                         Food and Nutrition Service
                                                                                                       List of Subjects in 7 CFR Part 56
                                               service is provided to our customers,
                                               AMS has determined it will not have a                     Agriculture, Eggs and egg products,                  7 CFR Part 273
                                               financial impact on small entities that                 Food grades and standards, Food                        RIN 0584–AE43
                                               utilize their services.                                 labeling, Food packaging, Reporting and
                                                  AMS also proposes to revise the                      recordkeeping requirements, Voluntary                  Supplemental Nutrition Assistance
                                               prerequisite requirement of shell eggs                  standards.                                             Program: Standard Utility Allowances
                                               eligible for USDA grading and                                                                                  Based on the Receipt of Energy
                                               certification. The revision will prohibit                 For the reasons set forth in the                     Assistance Payments Under the
                                               the use of SE-adulterated shell eggs or                 preamble, it is proposed that 7 CFR part               Agricultural Act of 2014
                                               recalled shell eggs from being presented                56 be amended as follows:
                                               to USDA for grading and certification.                                                                         AGENCY:  Food and Nutrition Service
                                                                                                       PART 56—REGULATIONS                                    (FNS), USDA.
                                                  The FDA prohibits the use of SE-                     GOVERNING THE VOLUNTARY
                                               adulterated shell eggs from being sold to                                                                      ACTION: Proposed rule.
                                                                                                       GRADING OF SHELL EGGS
                                               consumers. When shell eggs are
                                                                                                                                                              SUMMARY:    This proposed rule would
                                               suspected of being adulterated with SE,
                                                                                                       ■ 1. The authority citation for part 56                revise Supplemental Nutrition
                                               the packing facility is obligated to test
                                                                                                       continues to read as follows:                          Assistance Program (SNAP) regulations
                                               the shell eggs to assure only safe
                                                                                                           Authority: 7 U.S.C. 1621 et seq.                   in accordance with amendments made
                                               product is distributed to consumers. If
                                                                                                                                                              to the Food and Nutrition Act of 2008
                                               shell eggs are found to be adulterated
                                                                                                       ■ 2. Amend § 56.1 by revising the                      (the Act) that requires States that elect
                                               with SE, the FDA will issue a request to
                                                                                                       definition of Condition to read as                     to use a heating or cooling standard
                                               the packing facility to voluntarily recall
                                                                                                       follows:                                               utility allowance (HCSUA) in SNAP
                                               the product, or will exercise its
                                                                                                                                                              eligibility determinations to make the
                                               mandatory recall authority to return the                § 56.1 Meaning of words and terms                      HCSUA available to households that
                                               product to the origin facility. The                     defined.
                                                                                                                                                              have received a payment under the
                                               product must either be destroyed or                     *     *     *     *     *                              Low-Income Home Energy Assistance
                                               reconditioned under FDA supervision.
                                                                                                         Condition means any characteristic                   Act of 1981 (LIHEAA) (known as a Low-
                                                  Since SE-adulterated shell eggs or                   detected by sensory examination                        Income Home Energy Assistance
                                               shell eggs that have been recalled are no               (visual, touch, or odor), including the                Program (LIHEAP) payment), or other
                                               longer eligible for distribution to                     state of preservation, cleanliness,                    similar energy assistance program
                                               consumers, but are either destroyed or                  soundness, or fitness for human food                   payment, greater than $20 annually in
                                               reconditioned under the direction of the                that affects the marketing of the product.             the current month or in the immediately
                                               FDA, changing the AMS regulation will                                                                          preceding 12 months.
                                               not have an impact on small entities                    *     *     *     *     *
                                                                                                       ■ 3. Amend § 56.40 by revising                         DATES: Written comments must be
                                               since those shell eggs are deemed unfit
                                               for human consumption.                                  paragraphs (c)(2) and (3) and adding                   received on or before June 20, 2016 to
                                                                                                       paragraphs (c)(4) and (5) to read as                   be assured of consideration.
                                               Paperwork Reduction Act                                                                                        ADDRESSES: The USDA Food and
                                                                                                       follows:
                                                  In accordance with the Paperwork                                                                            Nutrition Service invites interested
                                                                                                       § 56.40 Grading requirements of shell                  persons to submit written comments on
                                               Reduction Act of 1995 (44 U.S.C. 3501
                                                                                                       eggs identified with grademarks.                       this proposed rule. Comments may be
                                               et seq.), the Office of Management and
                                               Budget (OMB) has approved the                           *     *      *    *     *                              submitted in writing by one of the
                                               information collection and                                (c) * * *                                            following methods:
                                               recordkeeping requirements included in                                                                            • Preferred Method: Federal
                                                                                                         (2) Not possess any undesirable odors
                                               this proposed rule, and there are no new                                                                       eRulemaking Portal: Go to http://
                                                                                                       or flavors;
                                               requirements. Should any changes                                                                               www.regulations.gov. Follow the online
                                               become necessary they would be                            (3) Not have previously been shipped                 instructions for submitting comments.
                                               submitted to OMB for approval. The                      for retail sale;                                          • Mail: Send comments to Sasha
                                               assigned OMB control number is 0581–                      (4) Not originate from a layer house                 Gersten-Paal, Branch Chief, Certification
                                               0128, as approved on July 8, 2014.                      environment determined positive for the                Policy Branch, Program Development
                                                  AMS is committed to compliance                       presence of Salmonella Enteritidis (SE)                Division, FNS, 3101 Park Center Drive,
                                               with the Government Paperwork                           unless the eggs from the layer house                   Alexandria, Virginia 22302, 703–305–
                                               Elimination Act, which requires                         have been sampled and have tested                      2507.
                                               government agencies in general to                       negative for the presence of SE in the                    All written comments submitted in
                                               provide the public the option of                        eggs; and                                              response to this proposed rule will be
                                               submitting information or transacting                     (5) Not originate from eggs testing                  included in the record and will be made
                                               business electronically to the maximum                  positive for SE, or not have been subject              available to the public. Please be
                                               extent possible.                                        to a product recall.                                   advised that the substance of the
                                                                                                                                                              comments and the identity of the
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               E-Government Act                                        *     *      *    *     *                              individuals or entities submitting the
                                                  AMS is committed to complying with                     Dated: April 14, 2016.                               comments will be subject to public
                                               the E-Government Act of 2002 to                         Elanor Starmer,                                        disclosure. FNS will make the written
                                               promote the use of the Internet and                     Administrator, Agricultural Marketing                  comments publicly available on the
                                               other information technologies to                       Service.                                               Internet via http://www.regulations.gov.
                                               provide increased opportunities for                     [FR Doc. 2016–09139 Filed 4–19–16; 8:45 am]            FOR FURTHER INFORMATION CONTACT:
                                               citizen access to government                            BILLING CODE 3410–02–P                                 Sasha Gersten-Paal, Branch Chief,


                                          VerDate Sep<11>2014   14:51 Apr 19, 2016   Jkt 238001   PO 00000   Frm 00002   Fmt 4702   Sfmt 4702   E:\FR\FM\20APP1.SGM   20APP1


                                               23190                  Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Proposed Rules

                                               Certification Policy Branch, Program                       Section 4006 of the Agricultural Act                have discretion to alter the $20
                                               Development Division, Food and                          of 2014 amends Section 5(e)(6)(C)(iv)(I)               threshold. However, standards regarding
                                               Nutrition Service, 3101 Park Center                     of the Act by requiring States electing to             the payment would be important and
                                               Drive, Alexandria, Virginia 22302, 703–                 use an HCSUA to make the HCSUA                         helpful in order to ensure uniformity
                                               305–2507.                                               available to households that received a                across State agencies. Therefore, the
                                               SUPPLEMENTARY INFORMATION:                              payment or on behalf of which a                        payment must be quantifiable in order
                                                                                                       payment was made under the Low-                        to be acceptable for purposes of granting
                                               Background                                              Income Home Energy Assistance Act of                   the HCSUA. By quantifiable, the
                                                  The Food and Nutrition Act of 2008,                  1981 or other similar energy assistance                Department means that the State agency
                                               as amended, establishes uniform                         program, if in the current month or in                 must be able to quantify, in dollars, the
                                               national eligibility standards for SNAP,                the immediately preceding 12 months,                   amount of the payment. The Department
                                               including the definition of a SNAP                      the household either received such a                   is proposing to codify these
                                               household, countable income and                         payment or such a payment was made                     requirements at revised 7 CFR
                                               assets, allowable deductions from gross                 on behalf of the household that was                    273.9(d)(6)(iii)(C)(1)(iii).
                                               income, and maximum benefit levels.                     greater than $20 annually.                                Section 5(e)(6)(C)(iv)(I) of the Act also
                                               Households are allowed to deduct                           This rule codifies guidance FNS                     requires receipt of the payment in the
                                               certain amounts from their gross                        issued to States following passage of the              ‘‘current’’ month or the immediately
                                               monthly income, including shelter                       Agricultural Act of 2014. The                          preceding 12 months in order to confer
                                               expenses that exceed 50 percent of their                Department is proposing to amend the                   eligibility for the HCSUA. As proposed,
                                               income after all other deductions (up to                regulations at 7 CFR 273.9(d)(6)(iii)(C)               the ‘‘current month’’ refers strictly to the
                                               a maximum limit for households that do                  to incorporate these changes.                          calendar month, meaning from the first
                                               not have elderly or disabled members).                                                                         to the final day of a given month.
                                                                                                       Other Similar Energy Assistance                           On a related note, the Department
                                               Household benefits are calculated based
                                                                                                       Program                                                proposes to revise language at 7 CFR
                                               on the household’s maximum allotment
                                               and net income; households with lower                      Section 5(e)(6)(C)(iv)(I) of the Act, as            273.10(d)(6), which currently provides
                                               net incomes generally receive larger                    amended by Section 4006 of the                         that all energy assistance payments
                                               benefits than households with higher                    Agricultural Act of 2014, provides for                 except for those made under the
                                               net incomes.                                            the HCSUA upon receipt of LIHEAP                       LIHEAA must be prorated over the
                                                  Shelter expenses include the basic                   payments as well as payments from an                   entire heating or cooling season that the
                                               cost of housing as well as utilities and                ‘‘other similar energy assistance                      payment is intended to cover. This was
                                               other allowable expenses. In order to                   program.’’ The Department is also                      a technical error that FNS proposes to
                                               simplify program administration, States                 proposing to amend the regulations at 7                correct in this rule. Such a correction is
                                               are permitted to establish Standard                     CFR 273.9(d)(6)(iii)(C) to establish a                 consistent with the language in the
                                               Utility Allowances (SUAs) that                          standard for determining what                          Agricultural Act of 2014 that qualifying
                                               households may use in lieu of actual                    constitutes an ‘‘other similar energy                  LIHEAP payments must be received in
                                               utility expenses. States may establish                  assistance program.’’ ‘‘[O]ther similar                the current month or the immediately
                                               multiple SUAs to reflect differences in                 energy assistance program’’ would be                   preceding 12 months in order to confer
                                               households’ circumstances. The heating                  defined as a separate home energy                      eligibility for the HCSUA. Additionally,
                                               or cooling SUA (HCSUA) is one such                      assistance program designed to provide                 the Agricultural Act of 2014 struck
                                               SUA and is available to households that                 heating or cooling assistance through a                language in Section 5(e)(6)(C)(iv)(I) of
                                               pay heating or cooling expenses                         payment directly to or on behalf of low-               the Act requiring that households incur
                                               separate from their rent or mortgage, as                income households.                                     ‘‘out-of-pocket heating or cooling
                                               well as households that receive Low-                       For the purposes of this preamble                   expenses in excess of any assistance
                                               Income Home Energy Assistance                           discussion, the phrase ‘‘qualifying                    paid on behalf of the household to an
                                               Program (LIHEAP) payments or other                      LIHEAP or other payment’’ refers to                    energy provider.’’ In light of these
                                               similar energy assistance program                       those LIHEAP or other similar energy                   changes made by the Agricultural Act of
                                               payments. Households that do not pay                    assistance program payments that are in                2014, FNS is proposing to amend 7 CFR
                                               heating or cooling expenses out-of-                     excess of $20 annually and have been                   273.10(d)(6) to reflect the requirement
                                               pocket but that are billed directly for                 received by or made on behalf of the                   in Section 5(e)(6)(C)(iv)(IV) that
                                               other utility costs are entitled to a SUA               household in the current or immediately                assistance under LIHEAA be considered
                                               (or SUAs) appropriate to the types of                   preceding 12 months.                                   to be prorated over the heating or
                                               utility expenses they incur, where                         The language in the Act refers to                   cooling season.
                                               applicable.                                             LIHEAP or other similar energy                            The new language in Section
                                                  For the purposes of the HCSUA,                       assistance program payments received                   5(e)(6)(C)(iv)(I) of the Act no longer
                                               receipt of a LIHEAP payment serves as                   by or made ‘‘on behalf of’’ households,                allows a household to qualify for a
                                               a reasonable proxy for the actual utility               while the existing regulatory language                 HCSUA based on anticipated receipt in
                                               costs that a household incurs, providing                refers to direct or indirect payments                  future months. This rule proposes that
                                               a simpler way for States and applicants                 received by households. To support                     applying the HCSUA to a household’s
                                               to determine utility costs. Before the                  consistency, the Department proposes                   case based on anticipated receipt is only
                                               enactment of the Agricultural Act of                    that the regulatory language reflect the               permissible if the payment is
                                               2014, Section 5(e)(6)(C)(iv) of the Act                 statutory language.                                    anticipated to be received by the
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               provided that all households receiving a                                                                       household within the current calendar
                                               LIHEAP payment or on behalf of which                    Qualifying LIHEAP or Other Payment                     month. At the State agency’s option, if
                                               a LIHEAP payment was made                                 Section 5(e)(6)(C)(iv)(I) of the Act, as             a qualifying LIHEAP or other payment
                                               automatically qualified for the HCSUA,                  amended by Section 4006 of the                         greater than $20 (or payment which
                                               regardless of the amount of the LIHEAP                  Agricultural Act of 2014, requires that                would bring the household’s total
                                               payment. Current regulations at 7 CFR                   the payment received by or made on                     payments for the year to a total greater
                                               273.9(d)(6)(iii)(C) reflect this                        behalf of the household must exceed                    than $20) is scheduled for the current
                                               requirement.                                            $20 annually. The Department does not                  month, the payment may be considered


                                          VerDate Sep<11>2014   14:51 Apr 19, 2016   Jkt 238001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\20APP1.SGM   20APP1


                                                                      Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Proposed Rules                                           23191

                                               to have been received for the purposes                  may also be billed based on individual                 proposing to revise 7 CFR
                                               of conferring eligibility for the HCSUA.                usage or separately from their rent.                   273.9(d)(6)(iii)(C) to incorporate these
                                               However, if the payment is not actually                 Although the more common situation is                  standards.
                                               made within that month, benefits                        for public housing properties to include                  The Department has received several
                                               received by the household would be                      heating and cooling costs in the rent,                 inquiries regarding weatherization
                                               considered an overissuance and the                      public housing rental situations with                  projects and eligibility for the HCSUA.
                                               State agency should pursue a claim                      separate heating and cooling costs do                  The Department understands that State
                                               against the household for any benefits                  exist. For these reasons, the Department               agencies may use a portion of LIHEAP
                                               issued in error in accordance with its                  is proposing a technical correction to                 block grant funding to support
                                               established claims management                           § 273.9(d)(6)(iii)(C) by removing the                  weatherization projects. Section
                                               procedures. The Department is                           word ‘‘private’’ from this provision.                  5(e)(6)(C)(iv) of the Act requires State
                                               proposing to revise 7 CFR                                  In States with mandatory HCSUAs,                    agencies that use the HCSUA to make
                                               273.9(d)(6)(iii)(C) accordingly to codify               utility costs do not require verification              the HCSUA available to SNAP
                                               these requirements.                                     for SNAP purposes, unless questionable.                households that have received a
                                                  State agencies would be responsible                  Similarly, receipt of more than $20 in                 LIHEAP or other payment, provided the
                                               for tracking the date and receipt of the                qualifying LIHEAP or other payments                    payment was received by or made on
                                               qualifying LIHEAP or other payment to                   would not require verification for SNAP                behalf of the household in the current
                                               ensure the payment satisfies the timing                 purposes, unless questionable. In States               or preceding 12 months and exceeds
                                               requirements and exceeds the $20                        that do not mandate use of the HCSUA,                  $20 annually.
                                               minimum threshold. The Department                       verification of utility costs is mandatory                The Act does not explicitly address
                                               encourages State agencies to modify                     if the household wishes to claim utility               how State agencies should evaluate
                                               data sharing agreements with their                      costs in excess of the State agency’s                  LIHEAP funds that are used to pay for
                                               respective LIHEAP agencies, as                          HCSUA and the expense would actually                   weatherization projects on behalf of
                                               appropriate, to ensure transmission of                  result in a deduction. State agencies                  households in multi-family dwellings.
                                               timely and accurate information needed                  should consider program access,                        However, to be an acceptable qualifying
                                               for SNAP eligibility and benefit                        integrity, and the potential for Quality               LIHEAP or other payment, the payment
                                               determinations.                                         Control errors in determining their                    must be quantifiable to the household.
                                                  If a household has not received a                    verification procedures.                               The Department is proposing that
                                               qualifying LIHEAP or other payment at                                                                          weatherization projects for multi-family
                                               the time of certification and has not                   Special Circumstances
                                                                                                                                                              dwellings cannot confer eligibility for
                                               incurred actual utility expenses, the                      State agencies that use the HCSUA                   the HCSUA for households within the
                                               household would not be entitled to the                  would need to make the HCSUA                           multi-family dwelling. The Act does not
                                               HCSUA at certification. If the household                available to SNAP households that have                 explicitly address how State agencies
                                               were to subsequently receive a                          received a qualifying LIHEAP or other                  should evaluate LIHEAP funds that are
                                               qualifying LIHEAP or other payment, or                  similar energy assistance program                      used to pay for weatherization projects
                                               if one were made on the household’s                     payment, regardless of any change in                   in multi-family dwellings. However, in
                                               behalf during the certification period,                 the household’s residence or address.
                                                                                                                                                              a June 15, 1999 Information
                                               the State agency would need to take                     The Act does not specify that the
                                                                                                                                                              Memorandum issued by the Department
                                               action according to the rules of their                  qualifying LIHEAP or other payment
                                                                                                                                                              of Health and Human Services (HHS),
                                               chosen reporting system under 7 CFR                     must be received at the household’s
                                                                                                                                                              which oversees LIHEAP at the Federal
                                               273.12.                                                 current address or place of residence.
                                                                                                          If the State agency has an indication               level, HHS determined that
                                                  The Department notes that this
                                                                                                       that a household received a qualifying                 weatherization of multi-unit buildings
                                               provision does not affect a household’s
                                                                                                       LIHEAP or other payment in another                     ‘‘is not a benefit provided to an
                                               ability, if any, to use actual costs rather
                                                                                                       State, the State would need to act on it.              individual, household or family
                                               than the standardized HCSUA. SNAP
                                                                                                       Again, for States that have elected to use             eligibility unit.’’ Because the Act
                                               households that are billed directly for
                                                                                                       a HCSUA, the HCSUA would need to be                    requires that the LIHEAP or other
                                               utility costs are entitled to a Standard
                                                                                                       made available to households that have                 payment must have been received by or
                                               Utility Allowance (SUA) appropriate to
                                                                                                       received a qualifying LIHEAP or other                  made on behalf of a household, the
                                               the types of utility expenses they incur.
                                                                                                       payment, provided that the payment                     Department is proposing that such
                                               In States that do not have mandatory
                                               SUA policies, the household is entitled                 was received in the current month or                   payments cannot confer eligibility for
                                               to use its actual costs, rather than the                preceding 12 months and was in excess                  the HCSUA. However, the Department
                                               standard. The Department encourages                     of $20 over the same time period.                      requests comment on whether HHS’
                                               all State agencies to review their                         If a household that has received a                  guidance is fully applicable in this
                                               available utility allowances to ensure                  qualifying LIHEAP or other payment                     situation, such as when weatherization
                                               that all households with actual expenses                subsequently splits into two SNAP                      of multi-family dwellings is funded by
                                               are able to claim an allowance that best                households, State agencies would need                  other similar energy assistance
                                               represents that types of utility expenses               to determine which one household is                    programs, and is considering alternative
                                               they have.                                              eligible for the HCSUA based on the                    approaches that may allow multi-family
                                                  As a related issue, the regulations at               qualifying LIHEAP or other payment.                    dwelling weatherization projects to
                                               7 CFR 273.9(d)(6)(iii)(C) as currently                  The Department believes the State                      confer eligibility for the HCSUA. The
                                                                                                                                                              Department requests comment on this
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               written provide that a HCSUA is                         agency is in the best situation to
                                               available to households in private rental               determine which household would                        proposal as well as potential alternative
                                               housing who are billed by their                         receive the HCSUA based on the                         approaches.
                                               landlords on the basis of individual                    qualifying LIHEAP or other payment. As                 Procedural Matters
                                               usage or who are charged a flat rate                    with other discretionary policy
                                               separately from their rent. However, the                decisions, a State’s chosen policy would               Executive Orders 12866 and 13563
                                               Department understands that some                        need to be applied in a consistent and                   Executive Orders 12866 and 13563
                                               individuals renting in public housing                   equitable way. The Department is                       direct agencies to assess all costs and


                                          VerDate Sep<11>2014   14:51 Apr 19, 2016   Jkt 238001   PO 00000   Frm 00004   Fmt 4702   Sfmt 4702   E:\FR\FM\20APP1.SGM   20APP1


                                               23192                  Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Proposed Rules

                                               benefits of available regulatory                        have increased their minimum LIHEAP                    under 10.551. For the reasons set forth
                                               alternatives and, if regulation is                      payments following the enactment of                    in the final rule in 7 CFR part 3015,
                                               necessary, to select regulatory                         Section 4006 of the Agricultural Act of                subpart V, and related Notice (48 FR
                                               approaches that maximize net benefits                   2014. If one or more of these thirteen                 29115, June 24, 1983), this program is
                                               (including potential economic,                          states decreases or discontinues these                 included in the scope of Executive
                                               environmental, public health and safety                 minimum payments in future years,                      Order 12372, which requires
                                               effects, distributive impacts, and                      savings would increase. Conversely, if                 intergovernmental consultation with
                                               equity). Executive Order 13563                          any additional States decide to issue                  State and local officials.
                                               emphasizes the importance of                            LIHEAP payments above the $20
                                                                                                                                                              Federalism Summary Impact Statement
                                               quantifying both costs and benefits, of                 threshold in future years, savings would
                                               reducing costs, of harmonizing rules,                   decrease. The Department did not                          Executive Order 13132 requires
                                               and of promoting flexibility.                           consider any alternatives to this rule                 Federal agencies to consider the impact
                                                  This proposed rule has been                          because the language in the Agricultural               of their regulatory actions on State and
                                               determined to be economically                           Act of 2014 was very specific and                      local governments. Where such actions
                                               significant and was reviewed by the                     prescriptive regarding the                             have federalism implications, agencies
                                               Office of Management and Budget                         implementation dates and the payment                   are directed to provide a statement for
                                               (OMB) in conformance with Executive                     threshold required.                                    inclusion in the preamble to the
                                               Order 12866.                                                                                                   regulations describing the agency’s
                                                                                                       Regulatory Flexibility Act                             considerations in terms of the three
                                               Regulatory Impact Analysis                                 The Regulatory Flexibility Act (5                   categories called for under Section
                                                 As required for all rules that have                   U.S.C. 601–612) requires Agencies to                   (6)(b)(2)(B) of Executive Order 13121.
                                               been designated as significant by OMB,                  analyze the impact of rulemaking on                       The Department has determined that
                                               a RIA was developed for this proposed                   small entities and consider alternatives               this proposed rule does not have
                                               rule. The RIA for this rule was                         that would minimize any significant                    Federalism implications. This rule does
                                               published as part of docket number                      impacts on a substantial number of                     not impose substantial or direct
                                               [Docket Placeholder] on                                 small entities. Pursuant to that review,               compliance costs on State and local
                                               www.regulations.gov. A summary of the                   it has been certified that this proposed               governments. Therefore, under Section
                                               analysis follows:                                       rule would not have a significant impact               6(b) of the Executive Order, a
                                                 The Regulatory Impact Analysis (RIA)                  on a substantial number of small                       Federalism summary impact statement
                                               that accompanies this proposed rule                     entities. State agencies that administer               is not required.
                                               outlines the savings to the Government                  SNAP will be affected to the extent they
                                               as well as the effect of the proposed rule                                                                     Executive Order 12988, Civil Justice
                                                                                                       implement the changes to program                       Reform
                                               on low-income families, program                         operations.
                                               participation, and State agencies. The                                                                           This proposed rule has been reviewed
                                               RIA also outlines the uncertainty in                    Unfunded Mandates Reform Act                           under Executive Order 12988, Civil
                                               assumptions on savings and alternatives                    Title II of the Unfunded Mandates                   Justice Reform. This rule, when
                                               considered when drafting the proposed                   Reform Act of 1995 (UMRA), Public                      published as a final rule, is intended to
                                               rule.                                                   Law 104–4, establishes requirements for                have preemptive effect with respect to
                                                 The Department estimates that the                     Federal agencies to assess the effects of              any State or local laws, regulations or
                                               total savings to the Government from                    their regulatory actions on State, local               policies which conflict with its
                                               reduced SNAP benefits will be $2.2                      and Tribal governments and the private                 provisions or which would otherwise
                                               billion between FY 2016 and FY 2020.                    sector. Under section 202 of the UMRA,                 impede its full and timely
                                               The Department estimates that the effect                the Department generally must prepare                  implementation. This rule is not
                                               of the rule on low-income families will                 a written statement, including a cost                  intended to have retroactive effect
                                               result in potentially smaller benefit                   benefit analysis, for proposed and final               unless so specified in the Effective Dates
                                               amounts for some families, primarily                    rules with ‘‘Federal mandates’’ that may               section of the final rule. Prior to any
                                               those living in States that have                        result in expenditures by State, local or              judicial challenge to the provisions of
                                               minimum LIHEAP payments below the                       Tribal governments, in the aggregate, or               the final rule, all applicable
                                               new minimum threshold for LIHEAP                        the private sector, of $100 million or                 administrative procedures must be
                                               payments required to be eligible for a                  more in any one year. When such a                      exhausted.
                                               HCSUA. The Department estimates that                    statement is needed for a rule, Section
                                               the impact on SNAP participation will                                                                          Civil Rights Impact Analysis
                                                                                                       205 of the UMRA generally requires the
                                               be minimal, with one-fourth of                          Department to identify and consider a                     The Department has reviewed this
                                               households in States that do not                        reasonable number of regulatory                        proposed rule in accordance with the
                                               increase their LIHEAP payment above                     alternatives and adopt the most cost                   Department Regulation 4300–4, ‘‘Civil
                                               the $20 threshold seeing a decrease in                  effective or least burdensome alternative              Rights Impact Analysis,’’ to identify and
                                               benefits, but likely still being eligible to            that achieves the objectives of the rule.              address any major civil rights impacts
                                               participate in the program. The                            This proposed rule does not contain                 the rule might have on minorities,
                                               Department estimates that the impact on                 Federal mandates (under the regulatory                 women, and persons with disabilities.
                                               State agencies will be minimal since                    provisions of Title II of the UMRA) for                After a careful review of the rule’s intent
                                               States already made changes to their                    State, local and Tribal governments or                 and provisions, the Department has
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               current caseload in accordance with the                 the private sector of $100 million or                  determined that this rule will not in any
                                               timeframes established under Section                    more in any one year. Thus, the rule is                way limit or reduce the ability of
                                               4006 of the Agricultural Act of 2014 and                not subject to the requirements of                     protected classes of individuals. The
                                               the FNS guidance implementing Section                   sections 202 and 205 of the UMRA.                      Department has reviewed this proposed
                                               4006. There is some uncertainty                                                                                rule in accordance with USDA
                                               concerning the estimates in the RIA, in                 Executive Order 12372                                  Regulation 4300–4, ‘‘Civil Rights Impact
                                               part because they assume no changes in                    SNAP is listed in the Catalog of                     Analysis,’’ to identify any major civil
                                               State behavior over time. Thirteen States               Federal Domestic Assistance Programs                   rights impacts the rule might have on


                                          VerDate Sep<11>2014   14:51 Apr 19, 2016   Jkt 238001   PO 00000   Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\20APP1.SGM   20APP1


                                                                      Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Proposed Rules                                              23193

                                               program participants on the basis of age,               eligibility for all new applicants and                 agency held a webinar for tribal
                                               race, color, national origin, sex, or                   ongoing cases.                                         participation and comments. No
                                               disability.                                                Training and Outreach: SNAP is                      comments were received. If a Tribe
                                                  The changes to SNAP regulations in                   administered by State agencies which                   requests consultation, FNS will work
                                               this proposed rule are required by law                  communicate program information and                    with the Office of Tribal Relations to
                                               and are not intended to limit the                       program rules based on Federal law and                 ensure meaningful consultation is
                                               participation of any group of                           regulations to those within their                      provided where changes, additions, and
                                               individuals in the SNAP program.                        jurisdiction, including individuals from               modifications identified herein are not
                                                  Impact on Households: This                           protected classes that may be affected by              expressly mandated by Congress.
                                               mandatory change will impact all                        program changes. After the passage of
                                                                                                       the Agricultural Act of 2014, FNS                      Paperwork Reduction Act
                                               households uniformly, regardless of
                                               status in a protected class. Although                   worked with State agencies to ensure                      The Paperwork Reduction Act of 1995
                                               LIHEAP and other similar energy                         their understanding of the changes                     (44 U.S.C. Chap. 35; 5 CFR 13200)
                                               assistance program payments are issued                  required by Section 4006. FNS released                 requires that the Office of Management
                                               by agencies other than USDA, FNS                        an implementation memorandum on                        and Budget (OMB) approve all
                                               understands that these payments are not                 this provision with all State agencies on              collections of information by a Federal
                                               disseminated to specific portions of the                March 5, 2014. In response to various                  agency before they can be implemented.
                                               population based on status in a                         State agencies’ questions on LIHEAP-                   This proposed rule does not contain
                                               protected class. Nor does FNS have                      related issues, FNS shared guidance                    information collection requirements
                                               information indicating that particular                  through a Question & Answer                            subject to approval of OMB under the
                                               protected classes receive these                         memorandum on April 7, 2014 and a                      Paperwork Reduction Act of 1994. State
                                               payments.                                               second Q&A memorandum on August                        agencies were required to make
                                                  In States that do not provide                        20, 2014 to address the State agencies’                minimal, one-time changes to their
                                               minimum LIHEAP payments greater                         questions and concerns and ensure                      eligibility systems, manuals, and
                                               than $20, the new legislation may affect                clarity on requirements for                            training procedures for staff by May 5,
                                               the number of households that qualify                   implementing the requirement.                          2014 to comply with the provisions of
                                                                                                          FNS also maintains a public Web site                the statute. Other minimal burdens
                                               for the HCSUA and may cause a
                                                                                                       that provides basic information on each                imposed on State agencies by this
                                               reduction to those households’ monthly
                                                                                                       program, including SNAP. Interested                    proposed rule are usual and customary
                                               SNAP benefit amounts. However,                          persons, including potential applicants,
                                               households that previously qualified for                                                                       within the course of their normal
                                                                                                       applicants, and participants can find                  business activities.
                                               the HCSUA based on the receipt of a                     information about these changes as well
                                               $20 or less LIHEAP payment may still                    as State agency contact information,                   E-Government Act Compliance
                                               qualify for the HCSUA if they incur                     downloadable applications, and links to
                                               heating or cooling expenses. Only those                                                                           The Department is committed to
                                                                                                       State agency Web sites and online                      complying with the E-Government Act,
                                               households without actual heating and                   applications.
                                               cooling costs will experience a benefit                                                                        to promote the use of the Internet and
                                                                                                          After careful review of the rule’s                  other information technologies to
                                               change due to the implementation of                     intent and provisions, and the
                                               this provision of the Agricultural Act of                                                                      provide increased opportunities for
                                                                                                       characteristics of SNAP households and                 citizen access to Government
                                               2014.                                                   individual participants, the Department
                                                  Further, FNS specifically prohibits                                                                         information and services, and for other
                                                                                                       has determined that this proposed rule                 purposes.
                                               the State and local government agencies                 will not have a disparate impact on any
                                               that administer the program from                        group or class of persons.                             List of Subjects in 7 CFR Part 273
                                               engaging in discriminatory actions.
                                               Discrimination in any aspect of program                 Executive Order 13175                                    Determining household eligibility and
                                               administration is prohibited by SNAP                                                                           benefit levels, Income and deductions.
                                                                                                         This proposed rule has been reviewed
                                               regulations, the Food and Nutrition Act                 in accordance with the requirements of                   Accordingly, 7 CFR part 273 is
                                               of 2008, the Age Discrimination Act of                  Executive Order 13175, ‘‘Consultation                  proposed to be amended as follows:
                                               1975, Section 504 of the Rehabilitation                 and Coordination with Indian Tribal
                                               Act of 1973, the Americans with                                                                                PART 273—CERTIFICATION OF
                                                                                                       Governments.’’ Executive Order 13175
                                               Disabilities Act of 1990 and Title VI of                                                                       ELIGIBLE HOUSEHOLDS
                                                                                                       requires Federal agencies to consult and
                                               the Civil Rights Act of 1964. Where                     coordinate with tribes on a government-                ■ 1. The authority citation for part 273
                                               State agencies have options, and they                   to-government basis on policies that                   continues to read as follows:
                                               choose to implement a certain                           have tribal implications, including
                                               provision, they must implement it in                    regulations, legislative comments or                       Authority: 7 U.S.C. 2011–2036.
                                               such a way that it complies with these                  proposed legislation, and other policy                 ■ 2. In § 273.9, revise paragraph
                                               requirements and the regulations at 7                   statements or actions that have                        (d)(6)(iii)(C) to read as follows:
                                               CFR 272.6.                                              substantial direct effects on one or more
                                                  Impact on State Agencies: State                      Indian tribes, on the relationship                     § 273.9   Income and deductions.
                                               agencies have already implemented this                  between the Federal Government and                     *      *    *     *    *
                                               requirement, and have already                           Indian tribes or on the distribution of                  (d) * * *
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               completed necessary changes to                          power and responsibilities between the                   (6) * * *
                                               eligibility systems, manuals, and                       Federal Government and Indian tribes.                    (iii) * * *
                                               training procedures for staff. Also,                      FNS has assessed the impact of this                    (C)(1) A standard with a heating or
                                               although State agencies had some                        proposed rule on Indian tribes and                     cooling component must be made
                                               flexibility to stagger the application of               determined that this rule does not, to                 available to the following households:
                                               this provision to ongoing caseloads, at                 our knowledge, have tribal implications                  (i) Households that incur heating or
                                               this point, the new requirements are                    that require tribal consultation under                 cooling expenses separately from their
                                               being used to determine program                         E.O. 13175. On February 18, 2015, the                  rent or mortgage;


                                          VerDate Sep<11>2014   14:51 Apr 19, 2016   Jkt 238001   PO 00000   Frm 00006   Fmt 4702   Sfmt 4702   E:\FR\FM\20APP1.SGM   20APP1


                                               23194                  Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Proposed Rules

                                                  (ii) Households in rental housing who                If a household that has received a                     products thereof, processed in certified
                                               are billed by their landlords on the basis              payment made under the LIHEAA or                       Polish establishments, would be eligible
                                               of individual usage or who are charged                  other similar energy assistance program                for export to the United States.
                                               a flat rate separately from their rent.                 or such a payment has been made on a                   Although Poland may be listed in FSIS’s
                                               However, households in public housing                   household’s behalf and the household                   regulations as eligible to export poultry
                                               units which have central utility meters                 subsequently splits into two SNAP                      products to the United States, the
                                               and which charge households only for                    households, the State agency must                      products must also comply with all
                                               excess heating or cooling costs are not                 determine which one household is                       other applicable requirements of the
                                               entitled to a standard that includes                    eligible for the heating and cooling                   United States, including those of
                                               heating or cooling costs based only on                  standard utility allowance as a result of              USDA’s Animal and Plant Health
                                               the charge for excess usage, unless the                 receiving that payment.                                Inspection Service (APHIS), before any
                                               State agency mandates the use of                           (2) A household that has both an                    products can enter the United States.
                                               standard utility allowances in                          occupied home and an unoccupied                        All such products would be subject to
                                               accordance with paragraph (d)(6)(iii)(E)                home is only entitled to one standard.                 re-inspection at U.S. ports-of-entry by
                                               of this section; and                                    *      *    *      *    *                              FSIS inspectors.
                                                  (iii) Households that receive a                      ■ 3. In § 273.10, revise paragraph (d)(6)              DATES: Comments must be received on
                                               payment or on behalf of which a                         to read as follows:                                    or before June 20, 2016.
                                               payment was made under the Low                                                                                 ADDRESSES: FSIS invites interested
                                                                                                       § 273.10 Determining household eligibility
                                               Income Home Energy Assistance Act of                    and benefit levels.                                    persons to submit comments on this
                                               1981 (LIHEAA) or other similar energy                                                                          proposed rule. Comments may be
                                               assistance program, if in the current                   *      *    *     *     *
                                                                                                                                                              submitted by one of the following
                                               month or in the immediately preceding                      (d) * * *
                                                                                                          (6) Energy Assistance Payments. The                 methods:
                                               12 months and such payment was                                                                                    • Federal eRulemaking Portal: This
                                                                                                       State agency shall prorate energy
                                               greater than $20 annually. Other similar                                                                       Web site provides the ability to type
                                                                                                       assistance payments as provided for in
                                               energy assistance programs are separate                                                                        short comments directly into the
                                                                                                       § 273.9(d) of this part over the entire
                                               home energy assistance programs                                                                                comment field on this Web page or
                                                                                                       heating or cooling season the payment
                                               designed to provide heating or cooling                                                                         attach a file for lengthier comments. Go
                                                                                                       is intended to cover.
                                               assistance through a payment received                                                                          to http://www.regulations.gov. Follow
                                               by or made on behalf of low-income                      *      *    *     *     *                              the online instructions at that site for
                                               households. A payment received by a                       Dated: April 12, 2016.                               submitting comments.
                                               household or made on behalf of a                        Kevin Concannon,                                          • Mail, including CD–ROMs, etc.:
                                               household under LIHEAA or other                         Under Secretary for Food, Nutrition, and               Send to Docket Clerk, U.S. Department
                                               similar energy assistance program must                  Consumer Services.                                     of Agriculture, Food Safety and
                                               be quantifiable in order to confer                      [FR Doc. 2016–09114 Filed 4–19–16; 8:45 am]            Inspection Service, Patriots Plaza 3,
                                               eligibility for the heating and cooling                 BILLING CODE 3410–30–P
                                                                                                                                                              1400 Independence Avenue SW.,
                                               standard utility allowance. A                                                                                  Mailstop 3782, Room 8–163A,
                                               quantifiable payment is one that the                                                                           Washington, DC 20250–3700.
                                               State agency quantifies, in dollars. The                DEPARTMENT OF AGRICULTURE                                 • Hand- or courier-delivered
                                               State agency shall document the date                                                                           submittals: Deliver to Patriots Plaza 3,
                                               and receipt of a payment made under                     Food Safety and Inspection Service                     355 E Street SW., Room 8–163B,
                                               LIHEAA or other similar energy                                                                                 Washington, DC 20250–3700.
                                               assistance program to ensure the                        9 CFR Part 381                                            Instructions: All items submitted by
                                               payment was received in the current                                                                            mail or electronic mail must include the
                                                                                                       [Docket No. FSIS–2015–0042]
                                               month or the immediately preceding 12                                                                          Agency name and docket number FSIS–
                                               months and exceeds $20 annually. In                     RIN 0583–ZA11                                          2015–0042. Comments received in
                                               determining a household’s eligibility for                                                                      response to this docket will be made
                                               the HCSUA, State agencies shall not                     Eligibility of the Republic of Poland To               available for public inspection and
                                               consider anticipated receipt of a                       Export Poultry Products to the United                  posted without change, including any
                                               payment to be an actual payment                         States                                                 personal information, to http://
                                               received under the LIHEAA or other                      AGENCY:  Food Safety and Inspection                    www.regulations.gov.
                                               similar energy assistance program.                      Service, USDA.                                            Docket: For access to background
                                               However, for purposes of this subclause,                                                                       documents or comments received, go to
                                                                                                       ACTION: Proposed rule.
                                               a State agency may consider a payment                                                                          the FSIS Docket Room at Patriots Plaza
                                               under the LIHEAA or other similar                       SUMMARY:    The Food Safety and                        3, 355 E Street SW., Room 8–164,
                                               energy assistance program to be                         Inspection Service (FSIS) is proposing                 Washington, DC 20250–3700 between
                                               received by the household or on behalf                  to add the Republic of Poland (Poland)                 8:00 a.m. and 4:30 p.m., Monday
                                               of the household if the household is                    to the list of countries in the regulations            through Friday.
                                               scheduled to receive the payment in the                 eligible to export poultry products to the             FOR FURTHER INFORMATION CONTACT: Dr.
                                               current month. In a case where a                        United States. FSIS has reviewed                       Daniel Engeljohn, Assistant
                                               payment is scheduled to be received in                  Poland’s poultry laws, regulations, and                Administrator, Office of Policy and
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               the current month and the payment is                    inspection system as implemented and                   Program Development; Telephone: (202)
                                               not actually made within that month,                    has tentatively determined that they are               205–0495.
                                               the State agency is responsible for                     equivalent to the Poultry Products                     SUPPLEMENTARY INFORMATION:
                                               determining whether an overissuance                     Inspection Act (PPIA), the regulations
                                               has occurred and, if so, establishing a                 implementing this statute, and the U.S.                Background
                                               claim against the household for any                     food safety system for poultry.                          FSIS is proposing to amend its
                                               benefits issued in error in accordance                     Should this rule become final,                      poultry products inspection regulations
                                               with the requirements at 7 CFR 273.18.                  slaughtered poultry, or parts or other                 to add Poland to the list of countries


                                          VerDate Sep<11>2014   14:51 Apr 19, 2016   Jkt 238001   PO 00000   Frm 00007   Fmt 4702   Sfmt 4702   E:\FR\FM\20APP1.SGM   20APP1



Document Created: 2016-04-20 01:51:40
Document Modified: 2016-04-20 01:51:40
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.
DatesWritten comments must be received on or before June 20, 2016 to be assured of consideration.
ContactSasha Gersten-Paal, Branch Chief, Certification Policy Branch, Program Development Division, Food and Nutrition Service, 3101 Park Center Drive, Alexandria, Virginia 22302, 703-305-2507.
FR Citation81 FR 23189 
RIN Number0584-AE43
CFR AssociatedDetermining Household Eligibility and Benefit Levels and Income and Deductions

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR