82 FR 11131 - Supplemental Nutrition Assistance Program (SNAP): Eligibility, Certification, and Employment and Training Provisions of the Food, Conservation and Energy Act of 2008; Extension of Effective Dates and Comment Period

DEPARTMENT OF AGRICULTURE
Food and Nutrition Service

Federal Register Volume 82, Issue 33 (February 21, 2017)

Consistent with the memorandum of January 20, 2017, to the heads of executive departments and agencies from the Assistant to the President and Chief of Staff entitled ``Regulatory Freeze Pending Review'', the Department of Agriculture's Food and Nutrition Service (FNS) is extending the effective dates and comment period for this rule, which was published January 6, 2017 and implements provisions of the Food, Conservation and Energy Act of 2008 (FCEA) affecting the eligibility, benefits, certification, and employment and training (E&T) requirements for applicant or participant households in the Supplemental Nutrition Assistance Program (SNAP).

[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Rules and Regulations]
[Pages 11131-11132]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03337]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 
282, 283, and 285

[FNS 2011-0008]
RIN 0584-AD87


Supplemental Nutrition Assistance Program (SNAP): Eligibility, 
Certification, and Employment and Training Provisions of the Food, 
Conservation and Energy Act of 2008; Extension of Effective Dates and 
Comment Period

AGENCY: Food and Nutrition Service, USDA.

ACTION: Final rule and interim final rule; delay of effective dates and 
extension of comment period.

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SUMMARY: Consistent with the memorandum of January 20, 2017, to the 
heads of executive departments and agencies from the Assistant to the 
President and Chief of Staff entitled ``Regulatory Freeze Pending 
Review'', the Department of Agriculture's Food and Nutrition Service 
(FNS) is extending the effective dates and comment period for this 
rule, which was published January 6, 2017 and implements provisions of 
the Food, Conservation and Energy Act of 2008 (FCEA) affecting the 
eligibility, benefits, certification, and employment and training (E&T) 
requirements for applicant or participant households in the 
Supplemental Nutrition Assistance Program (SNAP).

DATES: 
    Effective dates: The effective date for the final rule published on 
January 6, 2017 (82 FR 2010) is delayed to May 8, 2017. The effective 
date for the amendments to 7 CFR 273.11(e) and 273.11(f), which were 
issued as an interim final rule, is delayed to June 5, 2017. The 
effective date for the amendments to 7 CFR 273.2(c)(1)(v) is delayed to 
March 9, 2018.
    Comment date: FNS will consider comments from the public on the 
amendments to 7 CFR 273.11(e) and 273.11(f). Comments must be received 
at one of the addresses provided below. The comment date has been 
extended from March 7, 2017, to April 6, 2017.

ADDRESSES: FNS invites interested persons to submit comments on the 
interim rule provisions at 7 CFR 273.11(e) and 273.11(f). Comments may 
be submitted by one of the following methods:
     Federal e-Rulemaking Portal: Go to http://www.regulations.gov. Preferred method; follow the online instructions 
for submitting comments on docket FNS 2011-0008.
     Fax: Submit comments by facsimile transmission to: Sasha 
Gersten-Paal, Certification Policy Branch, Fax number 703-305-2486.
     Mail: Comments should be addressed to Sasha Gersten-Paal, 
Certification Policy Branch, 3101 Park Center Drive, Alexandria, VA 
22302.
     Hand Delivery or Courier: Deliver comments to Sasha 
Gersten-Paal, Certification Policy Branch, 3101 Park Center Drive, 
Alexandria, VA 22302, Monday-Friday, 8:30 a.m.-5:00 p.m.
    All comments submitted in response to the interim rule provision 
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 comments publicly 
available on the Internet via http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Sasha Gersten-Paal, Branch Chief, 
Certification Policy Branch, Program Development Division, Food and 
Nutrition Service (FNS), 3101 Park Center Drive, Room 810, Alexandria, 
Virginia, 22302, (703) 305-2507, [email protected].

SUPPLEMENTARY INFORMATION: Consistent with the memorandum of January 
20, 2017, to the heads of executive departments and agencies from the

[[Page 11132]]

Assistant to the President and Chief of Staff entitle ``regulatory 
Freeze Pending Review'', FNS is delaying the effective dates by 60 days 
and extending the comment period by 30 days for this rule as noted 
under the DATES section to ensure that the public has sufficient time 
to review and comment on the rule.
    The January 6, 2017 rule amends the SNAP regulations to: Exclude 
military combat pay from the income of SNAP households; raise the 
minimum standard deduction and the minimum benefit for small 
households; eliminate the cap on the deduction for dependent care 
expenses; index resource limits to inflation; exclude retirement and 
education accounts from countable resources; clarify reporting 
requirements under simplified reporting; permit States to provide 
transitional benefits to households leaving State-funded cash 
assistance programs; allow States to establish telephonic and gestured 
signature systems; permit States to use E&T funds to provide job 
retention services; and update requirements regarding the E&T funding 
cycle. These provisions are intended to more accurately reflect needs, 
reduce barriers to participation, and improve efficiency in the 
administration of the program. This rule also replaces outdated 
language in SNAP certification regulations with the new program name 
and updates procedures for accessing SNAP benefits in drug and alcohol 
treatment centers and group living arrangements with use of electronic 
benefit transfer (EBT) cards. This rule provides States with regulatory 
options for conducting telephone interviews in lieu of face-to-face 
interviews and for averaging student work hours.
    Finally, the Department issued a portion of the rule as an interim 
final rule (with a request for additional comment) that will require 
that drug and alcohol treatment and group living arrangements (GLA) 
centers to: Submit completed change report forms to the State agency 
when a resident leaves the center; notify the State agency within 5 
days when the center is not able to provide the resident with their EBT 
card at departure; and return EBT cards to residents with pro-rated 
benefits based up on the date of their departure.
    To the extent that 5 U.S.C. 553(b)(A) applies to this action, it is 
exempt from notice and comment rulemaking for good cause and for 
reasons cited above, FNS finds that notice and solicitation of comment 
regarding the brief extension of the effective dates and comment period 
are impracticable, unnecessary, or contrary to the public interest 
pursuant to 5 U.S.C. 553(b)(B). FNS believes that affected parties need 
to be informed as soon as possible of the extensions and their length.

    Dated: February 8, 2017.
Jessica Shahin,
Acting Administrator, Food and Nutrition Service.
[FR Doc. 2017-03337 Filed 2-17-17; 8:45 am]
 BILLING CODE 3410-30-P