83_FR_8050 83 FR 8013 - Supplemental Nutrition Assistance Program: Requirements and Services for Able-Bodied Adults Without Dependents; Advance Notice of Proposed Rulemaking

83 FR 8013 - Supplemental Nutrition Assistance Program: Requirements and Services for Able-Bodied Adults Without Dependents; Advance Notice of Proposed Rulemaking

DEPARTMENT OF AGRICULTURE
Food and Nutrition Service

Federal Register Volume 83, Issue 37 (February 23, 2018)

Page Range8013-8016
FR Document2018-03752

The Food and Nutrition Act of 2008, as amended (the Act), limits the amount of time an able-bodied adult without dependents (ABAWD) can receive Supplemental Nutrition Assistance Program (SNAP) benefits to 3 months in a 36-month period, unless the individual is working and/or participating in a work program half-time or more, or participating in workfare. The Act exempts individuals from the time limit for several reasons, including age, unfitness for work, or having a dependent child. The Act also provides State agencies with flexibility to request a waiver of this time limit if unemployment is high or the area does not have a sufficient number of jobs to provide employment. Moreover, the Act gives States discretion to exempt 15 percent of the individuals who would otherwise be subject to the time limit. The Department of Agriculture's (Department's) policy goal is to address food insecurity by providing supplemental food assistance and helping able-bodied SNAP participants move out of poverty and into work in a manner that is consistent with the structure and the intent of the Act. As described in Sections 2 and 6(d) of the Act, the goals of the program are to promote food security, self-sufficiency, well-being, and economic mobility. In this Notice, the Department is seeking public input to inform potential policy, program, and regulatory changes to more consistently advance this goal.

Federal Register, Volume 83 Issue 37 (Friday, February 23, 2018)
[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Proposed Rules]
[Pages 8013-8016]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03752]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / 
Proposed Rules

[[Page 8013]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 273

RIN 0584-AE57


Supplemental Nutrition Assistance Program: Requirements and 
Services for Able-Bodied Adults Without Dependents; Advance Notice of 
Proposed Rulemaking

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

ACTION: Advanced notice of proposed rulemaking.

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

SUMMARY: The Food and Nutrition Act of 2008, as amended (the Act), 
limits the amount of time an able-bodied adult without dependents 
(ABAWD) can receive Supplemental Nutrition Assistance Program (SNAP) 
benefits to 3 months in a 36-month period, unless the individual is 
working and/or participating in a work program half-time or more, or 
participating in workfare. The Act exempts individuals from the time 
limit for several reasons, including age, unfitness for work, or having 
a dependent child. The Act also provides State agencies with 
flexibility to request a waiver of this time limit if unemployment is 
high or the area does not have a sufficient number of jobs to provide 
employment. Moreover, the Act gives States discretion to exempt 15 
percent of the individuals who would otherwise be subject to the time 
limit.
    The Department of Agriculture's (Department's) policy goal is to 
address food insecurity by providing supplemental food assistance and 
helping able-bodied SNAP participants move out of poverty and into work 
in a manner that is consistent with the structure and the intent of the 
Act. As described in Sections 2 and 6(d) of the Act, the goals of the 
program are to promote food security, self-sufficiency, well-being, and 
economic mobility. In this Notice, the Department is seeking public 
input to inform potential policy, program, and regulatory changes to 
more consistently advance this goal.

DATES: Written comments must be received on or before April 9, 2018 to 
be assured of consideration.

ADDRESSES: The Food and Nutrition Service, USDA, invites interested 
persons to submit written comments on this advanced notice of proposed 
rulemaking. Comments may be submitted in writing by one of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Send comments to SNAP Program Development Division, 
Food and Nutrition, Services, USDA, 3101 Park Center Drive, Room 812, 
Alexandria, Virginia 22302.
     All written comments submitted in response to this 
advanced notice of proposed rulemaking 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, Chief, 
Certification Policy Branch, SNAP Program Development Division, Food 
and Nutrition, Services, USDA, 3101 Park Center Drive, Room 812, 
Alexandria, Virginia 22302 or (703) 305-2507 during regular business 
hours 8:30 a.m. to 5 p.m.) Monday through Friday.

SUPPLEMENTARY INFORMATION: 

Need To Issue This Notice

    SNAP offers nutrition assistance to millions of low-income 
individuals and families. SNAP is the largest federal nutrition 
assistance program in the United States. As a result of the Great 
Recession, the national unemployment rate peaked at 9.7 percent for 
Fiscal Year (FY) 2010. As with other recessions, there was a lag 
between the time that the national unemployment rate began to decrease 
and the time that the national poverty rate and SNAP participation 
began to decrease. SNAP participation peaked at an average of 47.6 
million recipients per month in FY 2013. During that time period, the 
national average unemployment rate was 7.6 percent. In FY 2017, the 
program served an average of 42.1 million recipients per month, and the 
national average unemployment rate was 4.5 percent. As Americans get 
back to work, it is appropriate to review how SNAP can better promote 
work and self-sufficiency so that fewer Americans need assistance from 
the program.
    The Department is soliciting public comments on potential policy, 
program, and regulatory changes that could advance its goal of 
addressing food insecurity by helping able-bodied SNAP recipients 
obtain and maintain employment and aligning program regulations with 
the President's Budget proposals related to ABAWDs. The Department will 
consider comments received through this Notice to help inform 
development of potential policy, program, or regulatory changes.
    The Department seeks input on potential regulatory or other changes 
that might better support States in accurately identifying ABAWDs 
subject to the time limit and providing meaningful opportunities for 
them to move towards self-sufficiency. The Department is also asking 
whether changes should be made to the existing process by which State 
agencies request to waive the ABAWD time limit, the information and 
data States are required to provide in supporting the waiver request, 
and the Department's implementation and duration of the waiver 
approval. If so, the Department is asking for information on changes 
that would better support the Department's goals. Moreover, the 
Department seeks input on 15 percent exemptions and how they may be 
better used to support State efforts to serve ABAWDs. The Department is 
receptive to suggested changes that could be made within the current 
statutory authority as well as changes that may require new or revised 
statutory authority. The Department believes that this public comment 
can inform the development of any rule that may ultimately be proposed.

References--the Following References May Be Useful To Help Inform Those 
Wishing To Provide Comments

(1) Section 6(d) and section 6(o) of the Food and Nutrition Act of 
2008, as amended
(2) Code of Federal Regulations Title 7, Parts 273.7 and 273.24
(3) Food Stamp Program: Personal Responsibility Provisions of the 
Personal

[[Page 8014]]

Responsibility and Work Opportunity Reconciliation Act of 1996, 
Proposed Rule, 64 FR 70920 (December 17, 1999). Available at: 
https://www.federalregister.gov/documents/1999/12/17/99-32527/food-stamp-program-personal-responsibility-provisions-of-the-personal-responsibility-and-work
(4) Food Stamp Program: Personal Responsibility Provisions of the 
Personal Responsibility and Work Opportunity Reconciliation Act of 
1996, Final Rule, 66 FR 4437 (January 17, 2001). Available at: 
https://www.federalregister.gov/documents/2001/01/17/01-1025/food-stamp-program-personal-responsibility-provisions-of-the-personal-responsibility-and-work
(5) Guide to Serving ABAWDs Subject to Time-limited Participation, 
2015. Available at: https://fns-prod.azureedge.net/sites/default/files/Guide_to_Serving_ABAWDs_Subject_to_Time_Limit.pdf
(6) Guide to Supporting Requests to Waiver the Time Limit for Able-
Bodied Adults without Dependents, 2016. Available at: https://fns-prod.azureedge.net/sites/default/files/snap/SNAP-Guide-to-Supporting-Requests-to-Waive-the-Time-Limit-for-ABAWDs.pdf
(7) Expiration of Statewide ABAWD Time Limit Waivers, 2015. 
Available at: https://fns-prod.azureedge.net/sites/default/files/snap/SNAP-Expiration-of-Statewide-ABAWD-Time-Limit-Waivers.pdf
(8) ABAWD Time Limit Policy and Program Access, 2015. Available at: 
https://fns-prod.azureedge.net/sites/default/files/snap/ABAWD-Time-Limit-Policy-and-Program-Access-Memo-Nov2015.pdf
(9) ABAWD Questions and Answers, 2015. Available at: https://fns-prod.azureedge.net/sites/default/files/snap/ABAWD-Questions-and-Answers-June%202015.pdf
(10) ABAWD Questions and Answers, 2013. Available at internet site: 
https://fns-prod.azureedge.net/sites/default/files/snap/ABAWD-Questions-and-Answers-December-2013.pdf

Overview of Current SNAP Work Policies

    SNAP work-related policies are best understood as three distinct, 
but interrelated and mutually supportive areas: The general work 
requirements, SNAP Employment and Training (SNAP E&T) programs, and the 
ABAWD time limit and work requirement. These work-related policies, the 
people they affect, and the ways in which they interact are summarized 
below.

The General Work Requirements: Section 6(d) of the Act and 7 CFR 273.7

    The general work requirements apply to people ages 16 through 59, 
except for those who are physically or mentally unfit for employment, 
care for a child under age 6 or an incapacitated person, are already 
employed 30 hours or more per week, are already participating in a work 
program, or are in school half-time or more. In order to be eligible 
for SNAP benefits, people who are subject to the general work 
requirements must register for work, report to an employer if referred 
by the State agency, accept a bona fide offer of a suitable job, not 
voluntarily quit a job or reduce their work hours below 30 hours a 
week, and participate in a SNAP E&T program or a workfare program if 
assigned by the State agency.
    People subject to the general work requirements are commonly called 
``work registrants.'' People that do not comply with the general work 
requirements without good cause are disqualified from receiving SNAP 
for a period of time. These disqualification periods can vary by State 
and circumstances. When a person subject to the general work 
requirements does not comply, the State must determine whether the 
person has good cause before imposing any disqualification. Examples of 
good cause include illness, household emergency, lack of 
transportation, or other circumstances beyond the person's control. In 
accordance with current law, if the State finds that a person has good 
cause, it must not disqualify them.

The ABAWD Time Limit and Work Requirement: Section 6(o) of the Act and 
7 CFR 273.24

    The ABAWD time limit and work requirement apply to people ages 18 
through 49, unless they are already exempt from the general work 
requirements, medically certified as physically or mentally unfit for 
employment, responsible for a child under 18, or pregnant. ABAWDs are 
also work registrants and must meet the general work requirements. In 
addition, ABAWDs subject to the time limit must work and/or participate 
in a work program 80 hours per month or more, or participate in and 
comply with workfare in order to receive SNAP for more than 3 months in 
a 36-month period. Participation in SNAP E&T, which is a type of work 
program, is one way a person can meet the 80 hour per month ABAWD work 
requirement, but other work programs are acceptable as well.
    State agencies can request to waive the ABAWD time limit if an area 
has an unemployment rate of over 10 percent or the State can meet one 
of the regulatory options to show it does not have a sufficient number 
of jobs to provide employment. If the time limit is waived, individuals 
are not required to meet the ABAWD work requirement in order to receive 
SNAP for more than 3 months in a 36-month period. However, even if the 
time limit is waived, ABAWDs remain subject to the general work 
requirements, as ABAWDs are work registrants, and the general work 
requirements cannot be waived. State agencies also have discretion to 
exempt, on a month-to-month basis, 15 percent of the individuals who 
would otherwise be subject to the time limit as estimated by the 
Department each year. Each 15 percent exemption extends eligibility to 
one ABAWD for one month.

SNAP Employment and Training Programs: Section 6(d) of the Act and 7 
CFR 273.7

    The Department strongly supports the goal that individuals obtain 
gainful employment as a means to move to self-sufficiency. SNAP E&T 
programs are intended to help SNAP recipients gain skills, training, 
work, or experience that will increase their ability to obtain regular 
employment and become self-sufficient. The State agency must operate 
E&T programs, though it has significant flexibility in program design. 
The State determines who to serve through its E&T programs, what kind 
of activities to provide, and where to provide them. The State may 
provide other wrap-around services such as on-going case management, 
job coaching, or job retention services. The State is required to 
provide participant reimbursements for things that are necessary for 
participation in SNAP E&T such as transportation, books, safety 
equipment, or other items or services.
    The State has the option to offer E&T on a voluntary basis to 
certain or all SNAP participants; or, the State can require all or 
certain work registrants to participate in E&T as a condition of 
eligibility, often referred to as ``mandatory E&T''. If a work 
registrant is required to participate in E&T and does not comply 
without good cause, they are disqualified from receiving SNAP as 
explained above under The General Work Requirements. In deciding 
whether to require E&T participation the State must carefully consider 
its capacity to serve E&T participants and provide reimbursements for 
participants with access barriers such as lack of transportation or 
child care.
    Currently, States have several options to provide ABAWDs nutrition 
assistance while getting experience or training that will help them get 
jobs and become self-sufficient. States may refer ABAWDs to other work 
programs such as State or local programs or programs operated through 
the Workforce Innovation Opportunity Act (WIOA) American Job Centers 
(AJCs). States may provide ABAWDs a slot in a workfare program or a 
SNAP E&T Program. However, all

[[Page 8015]]

of these options may have their own limitations such as funding, 
capacity, or competing State priorities.
    There is no current requirement that States serve any or all ABAWDs 
through their SNAP E&T programs. However, if the State does require 
ABAWDs who are subject to the time limit to participate in E&T, it must 
apply the time limit and disqualify ABAWDs who fail to comply with the 
mandatory E&T requirements through the sanction process. In addition, 
States are eligible for a portion of a pool of $20 million in 
additional E&T funds if they pledge to offer all ABAWDs who are in the 
last month of their 3-month time limit a slot in an E&T component that 
fulfills the work requirement. These 100 percent federal funds are 
allocated across all pledge States based on the number of ABAWDs in 
each participating State, as a percentage of ABAWDs in all of the 
participating States.

Discussion

    The Department is concerned that, in some cases, the State 
flexibilities provided under 7 CFR 273.7 and 7 CFR 273.24 have been 
used in ways that do not strengthen the goal of helping SNAP recipients 
find and keep work when jobs are sufficiently available. In particular, 
the ABAWD time limit waivers represent an area of concern for the 
Department.
    The decision to request and implement an ABAWD time limit waiver 
rests with the States. States can request to waive some areas in the 
State but not others, and not all States that are eligible for ABAWD 
time limit waivers request one. Economic conditions in the wake of the 
Great Recession resulted in an increase in the use of ABAWD time limit 
waivers. The American Recovery and Reinvestment Act suspended the time 
limit across the country from April 1, 2009, through September 30, 
2010, effectively waiving the time limit in all 50 States, the District 
of Columbia, Guam, and the Virgin Islands for the second half of FY 
2009 and all of FY 2010. From October 2010 through December 2013, the 
vast majority of States qualified for and continued to implement 
statewide ABAWD time limit waivers, meaning the waivers covered the 
entire State or jurisdiction.
    Since that time, as economic conditions improved, there has been a 
decline in the use of these waivers. In the fourth quarter of FY 2013, 
45 states, the District of Columbia, Guam, and the Virgin Islands had 
waivers of the ABAWD time limit. Of those, 42 covered the entire state 
or jurisdiction and 6 covered only certain areas in the state or 
jurisdiction. In the fourth quarter of FY 2017, 33 states, the District 
of Columbia, Guam, and the Virgin Islands had waivers of the ABAWD time 
limit. Of those, 9 covered the entire state or jurisdiction, and 27 
covered only certain areas in the state or jurisdiction. However, the 
Department is concerned that the number of areas waived has not 
decreased as much as would be expected during the continued decline in 
unemployment rates over this time period. For these reasons, the 
Department is seeking comments on how to ensure the waiver criteria 
best reflects economic conditions.

ABAWD Policy Review Issues

    The following questions represent particular areas in which the 
Department is interested in receiving comments. The questions are 
focused on ideas for regulatory or policy changes and seek information 
on better ways to meet the needs of SNAP participants and State 
agencies. However, the Department also invites commenters to address 
additional issues that are not described below but are within the scope 
of this review, particularly as it relates to opportunities to help 
participants move to self-sufficiency. Other comments that are not 
within the scope of this Notice will not be considered; therefore 
please refrain from including any comments that are not responsive to 
this particular request.
    The Department believes that this review will benefit from a broad 
scope of public input. However, in addressing the questions that 
follow, commenters are encouraged to be as specific as possible. Please 
be sure to include the rationale underlying any suggested changes.
    1. The Department is reviewing how it could take action on limiting 
ABAWD waivers as proposed in the President's budget proposals. In light 
of the Department's interest in helping SNAP participants find and 
maintain meaningful employment, how could the process for requesting to 
waive the time limit, the information needed to support waiver 
approval, and the waiver eligibility parameters be changed in order to 
provide appropriate relief for areas of high unemployment and a clearly 
demonstrated lack of jobs?
    (a) How could the definition of ``lack of sufficient jobs'' be 
revised to better support these goals?
    (b) States currently have discretion to define the area they are 
requesting to waive. Should States maintain this flexibility? Should an 
``economic area'' be limited in geographic scope, such as to a single 
county, metropolitan area, or labor market area?
    (c) Should FNS accept data from additional sources of information 
that are currently not considered? If so:
    1. What data sources would that be?
    2. What review process should FNS use to verify the validity of the 
data?
    (d) How recent should the data and information used in support of a 
waiver be in relation to the waiver implementation date?
    (e) Waivers are typically approved for 1 year, although under 
certain criteria 2 year waivers are available. Should FNS consider 
waivers of different time periods? If so, what time period and under 
what conditions?
    2. How can existing authority and resources be best used to support 
ABAWDs as they transition to meaningful work and self-sufficiency? How 
could the Department better support State efforts to assess 
individuals' work readiness and identify appropriate services to help 
participants obtain and retain employment?
    (a) What challenges and barriers do States face in helping ABAWDs 
find and maintain employment? What do States need to build or 
strengthen their capacity, investment, and expertise in working with 
this population?
    (b) What is the appropriate role of States in assessing ABAWDs for 
barriers to employment, job skills, and career interests in order 
identify appropriate opportunities for fulfilling the work 
requirements? At what point in the process is this most useful? During 
the interview? After certification?
    (c) How can existing resources be leveraged by States to help 
ABAWDs find and maintain employment? Are there State/local/Federal or 
other stakeholders that can be leveraged to provide holistic services 
to ABAWDs?
    (d) Are there evidence-based activities that States could offer 
through their SNAP E&T programs that would help reduce barriers to 
employment among ABAWDs? What kinds of support services, job-retention 
services and other activities would increase success of ABAWDs moving 
into gainful employment?
    (e) Are there additional ways that States could incentivize 
employers to provide jobs to ABAWDs?
    (f) Should ABAWDs be subject to additional reporting requirements 
or be limited to a specific type of reporting system (e.g., change 
reporting, monthly reporting, quarterly reporting, or simplified 
reporting)? Have States that have assigned ABAWDs to a reporting system 
other than simplified reporting found this to be beneficial?
    (g) What approaches have States found effective in communicating 
with ABAWDs to educate them on the

[[Page 8016]]

program's work requirements, tools and resources that can help them 
find or keep employment, and crucial administrative actions or 
deadlines they must adhere to?
    3. The accurate determination of whether an individual is 
physically or mentally unfit for employment is fundamental to applying 
the time limit to the proper individuals, and exempting others, 
consistent with the Act. In addition, it allows States to focus work 
strategies on those individuals who are truly capable of benefiting 
from them.
    (a) What is the appropriate scope of conditions and indicators of 
physical or mental unfitness for employment under current statutory 
authority, particularly in State determinations of whether an 
individual is obviously physically or mentally unfit for employment? 
What level of State flexibility is appropriate in this area? Why?
    (b) How do current certification processes (use of technology, lack 
of face-to-face interaction) affect the ability to determine exceptions 
or exemptions to the ABAWD time limit? How can these processes be 
modified or enhanced to best support these determinations, while 
providing any needed reasonable accommodations for individuals?
    (c) Who should determine whether a participant is fit to work? What 
technical and information resources, or other resources, would best 
support States to better screen for unfitness for employment and other 
exceptions to the ABAWD time limit? What performance and/or 
accountability measures would support this process?
    (d) How can the Department/States better engage and serve 
individuals determined to be unfit for employment? How can State 
agencies provide these individuals with services or opportunities that 
may increase their fitness for work?
    (e) What are best practices for the use of 15 percent exemptions in 
supporting the appropriate application of ABAWD requirements?

Procedural Matters

Executive Order 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This action has been determined to be significant and was 
reviewed by the Office of Management and Budget (OMB) in conformance 
with Executive Order 12866.

Executive Order 13771

    This Advanced Notice of Proposed Rulemaking is not a regulatory 
action under Executive Order 13771.

Executive Order 13175

    This Advance Notice of Proposed Rulemaking (ANPRM) 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.
    The Food and Nutrition Service (FNS) has assessed the impact of 
this ANPRM on Indian tribes and determined that this ANPRM does not, to 
our knowledge, have tribal implications that require tribal 
consultation under E.O. 13175. 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.

    Dated: February 20, 2018.
Brandon Lipps,
Acting Deputy Under Secretary Food, Nutrition, and Consumer Services.
[FR Doc. 2018-03752 Filed 2-22-18; 8:45 am]
 BILLING CODE 3410-30-P



                                                                                                                                                                                                      8013

                                                 Proposed Rules                                                                                                Federal Register
                                                                                                                                                               Vol. 83, No. 37

                                                                                                                                                               Friday, February 23, 2018



                                                 This section of the FEDERAL REGISTER                    program, and regulatory changes to                    was 7.6 percent. In FY 2017, the
                                                 contains notices to the public of the proposed          more consistently advance this goal.                  program served an average of 42.1
                                                 issuance of rules and regulations. The                  DATES: Written comments must be                       million recipients per month, and the
                                                 purpose of these notices is to give interested          received on or before April 9, 2018 to                national average unemployment rate
                                                 persons an opportunity to participate in the                                                                  was 4.5 percent. As Americans get back
                                                 rule making prior to the adoption of the final
                                                                                                         be assured of consideration.
                                                                                                         ADDRESSES: The Food and Nutrition                     to work, it is appropriate to review how
                                                 rules.
                                                                                                         Service, USDA, invites interested                     SNAP can better promote work and self-
                                                                                                         persons to submit written comments on                 sufficiency so that fewer Americans
                                                 DEPARTMENT OF AGRICULTURE                               this advanced notice of proposed                      need assistance from the program.
                                                                                                         rulemaking. Comments may be                              The Department is soliciting public
                                                 Food and Nutrition Service                              submitted in writing by one of the                    comments on potential policy, program,
                                                                                                         following methods:                                    and regulatory changes that could
                                                 7 CFR Part 273                                            • Federal eRulemaking Portal: Go to                 advance its goal of addressing food
                                                                                                         http://www.regulations.gov. Follow the                insecurity by helping able-bodied SNAP
                                                 RIN 0584–AE57                                           online instructions for submitting                    recipients obtain and maintain
                                                                                                         comments.                                             employment and aligning program
                                                 Supplemental Nutrition Assistance
                                                                                                           • Mail: Send comments to SNAP                       regulations with the President’s Budget
                                                 Program: Requirements and Services                                                                            proposals related to ABAWDs. The
                                                                                                         Program Development Division, Food
                                                 for Able-Bodied Adults Without                                                                                Department will consider comments
                                                                                                         and Nutrition, Services, USDA, 3101
                                                 Dependents; Advance Notice of                                                                                 received through this Notice to help
                                                                                                         Park Center Drive, Room 812,
                                                 Proposed Rulemaking                                                                                           inform development of potential policy,
                                                                                                         Alexandria, Virginia 22302.
                                                 AGENCY: Food and Nutrition Service                        • All written comments submitted in                 program, or regulatory changes.
                                                 (FNS), USDA.                                            response to this advanced notice of                      The Department seeks input on
                                                                                                         proposed rulemaking will be included                  potential regulatory or other changes
                                                 ACTION: Advanced notice of proposed
                                                                                                         in the record and will be made available              that might better support States in
                                                 rulemaking.
                                                                                                         to the public. Please be advised that the             accurately identifying ABAWDs subject
                                                 SUMMARY:   The Food and Nutrition Act                   substance of the comments and the                     to the time limit and providing
                                                 of 2008, as amended (the Act), limits the               identity of the individuals or entities               meaningful opportunities for them to
                                                 amount of time an able-bodied adult                     submitting the comments will be subject               move towards self-sufficiency. The
                                                 without dependents (ABAWD) can                          to public disclosure. FNS will make the               Department is also asking whether
                                                 receive Supplemental Nutrition                          written comments publicly available on                changes should be made to the existing
                                                 Assistance Program (SNAP) benefits to 3                 the internet via http://                              process by which State agencies request
                                                 months in a 36-month period, unless the                 www.regulations.gov.                                  to waive the ABAWD time limit, the
                                                 individual is working and/or                            FOR FURTHER INFORMATION CONTACT:                      information and data States are required
                                                 participating in a work program half-                   Sasha Gersten-Paal, Chief, Certification              to provide in supporting the waiver
                                                 time or more, or participating in                       Policy Branch, SNAP Program                           request, and the Department’s
                                                 workfare. The Act exempts individuals                   Development Division, Food and                        implementation and duration of the
                                                 from the time limit for several reasons,                Nutrition, Services, USDA, 3101 Park                  waiver approval. If so, the Department
                                                 including age, unfitness for work, or                   Center Drive, Room 812, Alexandria,                   is asking for information on changes
                                                 having a dependent child. The Act also                  Virginia 22302 or (703) 305–2507 during               that would better support the
                                                 provides State agencies with flexibility                regular business hours 8:30 a.m. to 5                 Department’s goals. Moreover, the
                                                 to request a waiver of this time limit if               p.m.) Monday through Friday.                          Department seeks input on 15 percent
                                                 unemployment is high or the area does                                                                         exemptions and how they may be better
                                                                                                         SUPPLEMENTARY INFORMATION:
                                                 not have a sufficient number of jobs to                                                                       used to support State efforts to serve
                                                 provide employment. Moreover, the Act                   Need To Issue This Notice                             ABAWDs. The Department is receptive
                                                 gives States discretion to exempt 15                      SNAP offers nutrition assistance to                 to suggested changes that could be made
                                                 percent of the individuals who would                    millions of low-income individuals and                within the current statutory authority as
                                                 otherwise be subject to the time limit.                 families. SNAP is the largest federal                 well as changes that may require new or
                                                    The Department of Agriculture’s                      nutrition assistance program in the                   revised statutory authority. The
                                                 (Department’s) policy goal is to address                United States. As a result of the Great               Department believes that this public
                                                 food insecurity by providing                            Recession, the national unemployment                  comment can inform the development
                                                 supplemental food assistance and                        rate peaked at 9.7 percent for Fiscal                 of any rule that may ultimately be
                                                 helping able-bodied SNAP participants                   Year (FY) 2010. As with other                         proposed.
                                                 move out of poverty and into work in                    recessions, there was a lag between the               References—the Following References
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                                                 a manner that is consistent with the                    time that the national unemployment                   May Be Useful To Help Inform Those
                                                 structure and the intent of the Act. As                 rate began to decrease and the time that              Wishing To Provide Comments
                                                 described in Sections 2 and 6(d) of the                 the national poverty rate and SNAP
                                                 Act, the goals of the program are to                    participation began to decrease. SNAP                 (1) Section 6(d) and section 6(o) of the Food
                                                                                                                                                                    and Nutrition Act of 2008, as amended
                                                 promote food security, self-sufficiency,                participation peaked at an average of                 (2) Code of Federal Regulations Title 7, Parts
                                                 well-being, and economic mobility. In                   47.6 million recipients per month in FY                    273.7 and 273.24
                                                 this Notice, the Department is seeking                  2013. During that time period, the                    (3) Food Stamp Program: Personal
                                                 public input to inform potential policy,                national average unemployment rate                         Responsibility Provisions of the Personal



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                                                 8014                    Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules

                                                      Responsibility and Work Opportunity                work program, or are in school half-time              ABAWDs remain subject to the general
                                                      Reconciliation Act of 1996, Proposed               or more. In order to be eligible for SNAP             work requirements, as ABAWDs are
                                                      Rule, 64 FR 70920 (December 17, 1999).             benefits, people who are subject to the               work registrants, and the general work
                                                      Available at: https://www.federalregister.
                                                                                                         general work requirements must register               requirements cannot be waived. State
                                                      gov/documents/1999/12/17/99-32527/
                                                      food-stamp-program-personal-                       for work, report to an employer if                    agencies also have discretion to exempt,
                                                      responsibility-provisions-of-the-personal-         referred by the State agency, accept a                on a month-to-month basis, 15 percent
                                                      responsibility-and-work                            bona fide offer of a suitable job, not                of the individuals who would otherwise
                                                 (4) Food Stamp Program: Personal                        voluntarily quit a job or reduce their                be subject to the time limit as estimated
                                                      Responsibility Provisions of the Personal          work hours below 30 hours a week, and                 by the Department each year. Each 15
                                                      Responsibility and Work Opportunity                participate in a SNAP E&T program or                  percent exemption extends eligibility to
                                                      Reconciliation Act of 1996, Final Rule,            a workfare program if assigned by the                 one ABAWD for one month.
                                                      66 FR 4437 (January 17, 2001). Available
                                                                                                         State agency.
                                                      at: https://www.federalregister.gov/
                                                                                                            People subject to the general work                 SNAP Employment and Training
                                                      documents/2001/01/17/01-1025/food-                                                                       Programs: Section 6(d) of the Act and 7
                                                      stamp-program-personal-responsibility-             requirements are commonly called
                                                                                                         ‘‘work registrants.’’ People that do not              CFR 273.7
                                                      provisions-of-the-personal-responsibility-
                                                      and-work                                           comply with the general work                             The Department strongly supports the
                                                 (5) Guide to Serving ABAWDs Subject to                  requirements without good cause are                   goal that individuals obtain gainful
                                                      Time-limited Participation, 2015.                  disqualified from receiving SNAP for a                employment as a means to move to self-
                                                      Available at: https://fns-prod.azureedge.          period of time. These disqualification                sufficiency. SNAP E&T programs are
                                                      net/sites/default/files/Guide_to_Serving_          periods can vary by State and                         intended to help SNAP recipients gain
                                                      ABAWDs_Subject_to_Time_Limit.pdf                                                                         skills, training, work, or experience that
                                                 (6) Guide to Supporting Requests to Waiver
                                                                                                         circumstances. When a person subject to
                                                      the Time Limit for Able-Bodied Adults              the general work requirements does not                will increase their ability to obtain
                                                      without Dependents, 2016. Available at:            comply, the State must determine                      regular employment and become self-
                                                      https://fns-prod.azureedge.net/sites/              whether the person has good cause                     sufficient. The State agency must
                                                      default/files/snap/SNAP-Guide-to-                  before imposing any disqualification.                 operate E&T programs, though it has
                                                      Supporting-Requests-to-Waive-the-Time-             Examples of good cause include illness,               significant flexibility in program design.
                                                      Limit-for-ABAWDs.pdf                               household emergency, lack of                          The State determines who to serve
                                                 (7) Expiration of Statewide ABAWD Time                  transportation, or other circumstances                through its E&T programs, what kind of
                                                      Limit Waivers, 2015. Available at:                 beyond the person’s control. In                       activities to provide, and where to
                                                      https://fns-prod.azureedge.net/sites/                                                                    provide them. The State may provide
                                                      default/files/snap/SNAP-Expiration-of-
                                                                                                         accordance with current law, if the State
                                                      Statewide-ABAWD-Time-Limit-                        finds that a person has good cause, it                other wrap-around services such as on-
                                                      Waivers.pdf                                        must not disqualify them.                             going case management, job coaching, or
                                                 (8) ABAWD Time Limit Policy and Program                                                                       job retention services. The State is
                                                                                                         The ABAWD Time Limit and Work                         required to provide participant
                                                      Access, 2015. Available at: https://fns-
                                                      prod.azureedge.net/sites/default/files/
                                                                                                         Requirement: Section 6(o) of the Act                  reimbursements for things that are
                                                      snap/ABAWD-Time-Limit-Policy-and-                  and 7 CFR 273.24                                      necessary for participation in SNAP
                                                      Program-Access-Memo-Nov2015.pdf                      The ABAWD time limit and work                       E&T such as transportation, books,
                                                 (9) ABAWD Questions and Answers, 2015.                  requirement apply to people ages 18                   safety equipment, or other items or
                                                      Available at: https://fns-prod.azureedge.          through 49, unless they are already                   services.
                                                      net/sites/default/files/snap/ABAWD-
                                                                                                         exempt from the general work                             The State has the option to offer E&T
                                                      Questions-and-Answers-June%
                                                      202015.pdf                                         requirements, medically certified as                  on a voluntary basis to certain or all
                                                 (10) ABAWD Questions and Answers, 2013.                 physically or mentally unfit for                      SNAP participants; or, the State can
                                                      Available at internet site: https://fns-           employment, responsible for a child                   require all or certain work registrants to
                                                      prod.azureedge.net/sites/default/files/            under 18, or pregnant. ABAWDs are also                participate in E&T as a condition of
                                                      snap/ABAWD-Questions-and-Answers-                  work registrants and must meet the                    eligibility, often referred to as
                                                      December-2013.pdf                                  general work requirements. In addition,               ‘‘mandatory E&T’’. If a work registrant is
                                                                                                         ABAWDs subject to the time limit must                 required to participate in E&T and does
                                                 Overview of Current SNAP Work                           work and/or participate in a work                     not comply without good cause, they are
                                                 Policies                                                program 80 hours per month or more, or                disqualified from receiving SNAP as
                                                    SNAP work-related policies are best                  participate in and comply with workfare               explained above under The General
                                                 understood as three distinct, but                       in order to receive SNAP for more than                Work Requirements. In deciding
                                                 interrelated and mutually supportive                    3 months in a 36-month period.                        whether to require E&T participation the
                                                 areas: The general work requirements,                   Participation in SNAP E&T, which is a                 State must carefully consider its
                                                 SNAP Employment and Training (SNAP                      type of work program, is one way a                    capacity to serve E&T participants and
                                                 E&T) programs, and the ABAWD time                       person can meet the 80 hour per month                 provide reimbursements for participants
                                                 limit and work requirement. These                       ABAWD work requirement, but other                     with access barriers such as lack of
                                                 work-related policies, the people they                  work programs are acceptable as well.                 transportation or child care.
                                                 affect, and the ways in which they                        State agencies can request to waive                    Currently, States have several options
                                                 interact are summarized below.                          the ABAWD time limit if an area has an                to provide ABAWDs nutrition assistance
                                                                                                         unemployment rate of over 10 percent                  while getting experience or training that
                                                 The General Work Requirements:                          or the State can meet one of the                      will help them get jobs and become self-
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                                                 Section 6(d) of the Act and 7 CFR 273.7                 regulatory options to show it does not                sufficient. States may refer ABAWDs to
                                                   The general work requirements apply                   have a sufficient number of jobs to                   other work programs such as State or
                                                 to people ages 16 through 59, except for                provide employment. If the time limit is              local programs or programs operated
                                                 those who are physically or mentally                    waived, individuals are not required to               through the Workforce Innovation
                                                 unfit for employment, care for a child                  meet the ABAWD work requirement in                    Opportunity Act (WIOA) American Job
                                                 under age 6 or an incapacitated person,                 order to receive SNAP for more than 3                 Centers (AJCs). States may provide
                                                 are already employed 30 hours or more                   months in a 36-month period. However,                 ABAWDs a slot in a workfare program
                                                 per week, are already participating in a                even if the time limit is waived,                     or a SNAP E&T Program. However, all


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                                                                         Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules                                          8015

                                                 of these options may have their own                     quarter of FY 2017, 33 states, the                       (c) Should FNS accept data from
                                                 limitations such as funding, capacity, or               District of Columbia, Guam, and the                   additional sources of information that
                                                 competing State priorities.                             Virgin Islands had waivers of the                     are currently not considered? If so:
                                                   There is no current requirement that                  ABAWD time limit. Of those, 9 covered                    1. What data sources would that be?
                                                 States serve any or all ABAWDs through                  the entire state or jurisdiction, and 27                 2. What review process should FNS
                                                 their SNAP E&T programs. However, if                    covered only certain areas in the state or            use to verify the validity of the data?
                                                 the State does require ABAWDs who are                   jurisdiction. However, the Department                    (d) How recent should the data and
                                                 subject to the time limit to participate in             is concerned that the number of areas                 information used in support of a waiver
                                                 E&T, it must apply the time limit and                   waived has not decreased as much as                   be in relation to the waiver
                                                 disqualify ABAWDs who fail to comply                    would be expected during the continued                implementation date?
                                                 with the mandatory E&T requirements                     decline in unemployment rates over this                  (e) Waivers are typically approved for
                                                 through the sanction process. In                        time period. For these reasons, the                   1 year, although under certain criteria 2
                                                 addition, States are eligible for a portion             Department is seeking comments on                     year waivers are available. Should FNS
                                                 of a pool of $20 million in additional                  how to ensure the waiver criteria best                consider waivers of different time
                                                 E&T funds if they pledge to offer all                   reflects economic conditions.                         periods? If so, what time period and
                                                 ABAWDs who are in the last month of                                                                           under what conditions?
                                                 their 3-month time limit a slot in an                   ABAWD Policy Review Issues                               2. How can existing authority and
                                                 E&T component that fulfills the work                       The following questions represent                  resources be best used to support
                                                 requirement. These 100 percent federal                  particular areas in which the                         ABAWDs as they transition to
                                                 funds are allocated across all pledge                   Department is interested in receiving                 meaningful work and self-sufficiency?
                                                 States based on the number of ABAWDs                    comments. The questions are focused on                How could the Department better
                                                 in each participating State, as a                       ideas for regulatory or policy changes                support State efforts to assess
                                                 percentage of ABAWDs in all of the                      and seek information on better ways to                individuals’ work readiness and identify
                                                 participating States.                                   meet the needs of SNAP participants                   appropriate services to help participants
                                                                                                         and State agencies. However, the                      obtain and retain employment?
                                                 Discussion                                                                                                       (a) What challenges and barriers do
                                                                                                         Department also invites commenters to
                                                    The Department is concerned that, in                                                                       States face in helping ABAWDs find and
                                                                                                         address additional issues that are not
                                                 some cases, the State flexibilities                                                                           maintain employment? What do States
                                                                                                         described below but are within the
                                                 provided under 7 CFR 273.7 and 7 CFR                                                                          need to build or strengthen their
                                                                                                         scope of this review, particularly as it
                                                 273.24 have been used in ways that do                                                                         capacity, investment, and expertise in
                                                                                                         relates to opportunities to help
                                                 not strengthen the goal of helping SNAP                                                                       working with this population?
                                                                                                         participants move to self-sufficiency.
                                                 recipients find and keep work when                                                                               (b) What is the appropriate role of
                                                                                                         Other comments that are not within the
                                                 jobs are sufficiently available. In                                                                           States in assessing ABAWDs for barriers
                                                                                                         scope of this Notice will not be
                                                 particular, the ABAWD time limit                                                                              to employment, job skills, and career
                                                                                                         considered; therefore please refrain from
                                                 waivers represent an area of concern for                                                                      interests in order identify appropriate
                                                                                                         including any comments that are not
                                                 the Department.                                                                                               opportunities for fulfilling the work
                                                    The decision to request and                          responsive to this particular request.
                                                                                                                                                               requirements? At what point in the
                                                 implement an ABAWD time limit                              The Department believes that this
                                                                                                                                                               process is this most useful? During the
                                                 waiver rests with the States. States can                review will benefit from a broad scope
                                                                                                                                                               interview? After certification?
                                                 request to waive some areas in the State                of public input. However, in addressing                  (c) How can existing resources be
                                                 but not others, and not all States that are             the questions that follow, commenters                 leveraged by States to help ABAWDs
                                                 eligible for ABAWD time limit waivers                   are encouraged to be as specific as                   find and maintain employment? Are
                                                 request one. Economic conditions in the                 possible. Please be sure to include the               there State/local/Federal or other
                                                 wake of the Great Recession resulted in                 rationale underlying any suggested                    stakeholders that can be leveraged to
                                                 an increase in the use of ABAWD time                    changes.                                              provide holistic services to ABAWDs?
                                                 limit waivers. The American Recovery                       1. The Department is reviewing how                    (d) Are there evidence-based activities
                                                 and Reinvestment Act suspended the                      it could take action on limiting ABAWD                that States could offer through their
                                                 time limit across the country from April                waivers as proposed in the President’s                SNAP E&T programs that would help
                                                 1, 2009, through September 30, 2010,                    budget proposals. In light of the                     reduce barriers to employment among
                                                 effectively waiving the time limit in all               Department’s interest in helping SNAP                 ABAWDs? What kinds of support
                                                 50 States, the District of Columbia,                    participants find and maintain                        services, job-retention services and
                                                 Guam, and the Virgin Islands for the                    meaningful employment, how could the                  other activities would increase success
                                                 second half of FY 2009 and all of FY                    process for requesting to waive the time              of ABAWDs moving into gainful
                                                 2010. From October 2010 through                         limit, the information needed to support              employment?
                                                 December 2013, the vast majority of                     waiver approval, and the waiver                          (e) Are there additional ways that
                                                 States qualified for and continued to                   eligibility parameters be changed in                  States could incentivize employers to
                                                 implement statewide ABAWD time                          order to provide appropriate relief for               provide jobs to ABAWDs?
                                                 limit waivers, meaning the waivers                      areas of high unemployment and a                         (f) Should ABAWDs be subject to
                                                 covered the entire State or jurisdiction.               clearly demonstrated lack of jobs?                    additional reporting requirements or be
                                                    Since that time, as economic                            (a) How could the definition of ‘‘lack             limited to a specific type of reporting
                                                 conditions improved, there has been a                   of sufficient jobs’’ be revised to better             system (e.g., change reporting, monthly
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                                                 decline in the use of these waivers. In                 support these goals?                                  reporting, quarterly reporting, or
                                                 the fourth quarter of FY 2013, 45 states,                  (b) States currently have discretion to            simplified reporting)? Have States that
                                                 the District of Columbia, Guam, and the                 define the area they are requesting to                have assigned ABAWDs to a reporting
                                                 Virgin Islands had waivers of the                       waive. Should States maintain this                    system other than simplified reporting
                                                 ABAWD time limit. Of those, 42                          flexibility? Should an ‘‘economic area’’              found this to be beneficial?
                                                 covered the entire state or jurisdiction                be limited in geographic scope, such as                  (g) What approaches have States
                                                 and 6 covered only certain areas in the                 to a single county, metropolitan area, or             found effective in communicating with
                                                 state or jurisdiction. In the fourth                    labor market area?                                    ABAWDs to educate them on the


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                                                 8016                    Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Proposed Rules

                                                 program’s work requirements, tools and                  quantifying both costs and benefits, of               ACTION: Notice of comment period
                                                 resources that can help them find or                    reducing costs, of harmonizing rules,                 extension.
                                                 keep employment, and crucial                            and of promoting flexibility. This action
                                                 administrative actions or deadlines they                has been determined to be significant                 SUMMARY:    The Department of Energy
                                                 must adhere to?                                         and was reviewed by the Office of                     (DOE) published, on November 28,
                                                    3. The accurate determination of                     Management and Budget (OMB) in                        2017, a Request for Information (RFI)
                                                 whether an individual is physically or                  conformance with Executive Order                      seeking comments from interested
                                                 mentally unfit for employment is                        12866.                                                parties to assist DOE in evaluating the
                                                 fundamental to applying the time limit                                                                        potential advantages and disadvantages
                                                                                                         Executive Order 13771                                 of additional flexibilities in the U.S.
                                                 to the proper individuals, and
                                                 exempting others, consistent with the                     This Advanced Notice of Proposed                    Appliance and Equipment Energy
                                                 Act. In addition, it allows States to focus             Rulemaking is not a regulatory action                 Conservations Standards (ECS) program.
                                                 work strategies on those individuals                    under Executive Order 13771.                          The comment period for the RFI ends on
                                                 who are truly capable of benefiting from                                                                      February 26, 2018. Through this notice,
                                                                                                         Executive Order 13175                                 DOE extends the comment period until
                                                 them.
                                                    (a) What is the appropriate scope of                    This Advance Notice of Proposed                    March 26, 2018.
                                                 conditions and indicators of physical or                Rulemaking (ANPRM) has been                           DATES: The comment period for the RFI
                                                 mental unfitness for employment under                   reviewed in accordance with the                       published in the Federal Register on
                                                 current statutory authority, particularly               requirements of Executive Order 13175,                November 28, 2017 (82 FR 56181) is
                                                 in State determinations of whether an                   ‘‘Consultation and Coordination with                  extended to March 26, 2018. Written
                                                 individual is obviously physically or                   Indian Tribal Governments.’’ Executive                comments and information are
                                                 mentally unfit for employment? What                     Order 13175 requires Federal agencies                 requested on or before March 26, 2018.
                                                 level of State flexibility is appropriate in            to consult and coordinate with tribes on              ADDRESSES: Interested persons are
                                                 this area? Why?                                         a government-to-government basis on                   encouraged to submit comments by any
                                                    (b) How do current certification                     policies that have tribal implications,               of the following methods:
                                                 processes (use of technology, lack of                   including regulations, legislative                       • Federal eRulemaking Portal: http://
                                                 face-to-face interaction) affect the ability            comments or proposed legislation, and                 www.regulations.gov. Follow the
                                                 to determine exceptions or exemptions                   other policy statements or actions that               instructions for submitting comments.
                                                 to the ABAWD time limit? How can                        have substantial direct effects on one or                • Email: ProgramDesign
                                                 these processes be modified or                          more Indian tribes, on the relationship               2017STD0059@ee.doe.gov. Include
                                                 enhanced to best support these                          between the Federal Government and                    ‘‘EERE–2017–BT–STD–0059’’ in the
                                                 determinations, while providing any                     Indian tribes or on the distribution of               subject line of the message.
                                                 needed reasonable accommodations for                    power and responsibilities between the                   • Postal Mail: Appliance and
                                                 individuals?                                            Federal Government and Indian tribes.                 Equipment Standards Program, U.S.
                                                    (c) Who should determine whether a                      The Food and Nutrition Service (FNS)               Department of Energy, Building
                                                 participant is fit to work? What                        has assessed the impact of this ANPRM                 Technologies Office, Mailstop EE–5B,
                                                 technical and information resources, or                 on Indian tribes and determined that                  1000 Independence Avenue SW,
                                                 other resources, would best support                     this ANPRM does not, to our                           Washington, DC, 20585–0121.
                                                 States to better screen for unfitness for               knowledge, have tribal implications that                 Docket: The docket for this activity,
                                                 employment and other exceptions to the                  require tribal consultation under E.O.                which includes Federal Register
                                                 ABAWD time limit? What performance                      13175. If a Tribe requests consultation,              notices, comments, and other
                                                 and/or accountability measures would                    FNS will work with the Office of Tribal               supporting documents/materials, is
                                                 support this process?                                   Relations to ensure meaningful                        available for review at http://
                                                    (d) How can the Department/States                    consultation is provided where changes,               www.regulations.gov. All documents in
                                                 better engage and serve individuals                     additions and modifications identified                the docket are listed in the http://
                                                 determined to be unfit for employment?                  herein are not expressly mandated by                  www.regulations.gov index. However,
                                                 How can State agencies provide these                    Congress.                                             some documents listed in the index,
                                                 individuals with services or                              Dated: February 20, 2018.                           such as those containing information
                                                 opportunities that may increase their                   Brandon Lipps,                                        that is exempt from public disclosure,
                                                 fitness for work?                                                                                             may not be publicly available.
                                                                                                         Acting Deputy Under Secretary Food,
                                                    (e) What are best practices for the use              Nutrition, and Consumer Services.                        The docket web page can be found at
                                                 of 15 percent exemptions in supporting                                                                        https://www.regulations.gov/docket?D=
                                                                                                         [FR Doc. 2018–03752 Filed 2–22–18; 8:45 am]
                                                 the appropriate application of ABAWD                                                                          EERE-2017-BT-STD-0059. The docket
                                                                                                         BILLING CODE 3410–30–P
                                                 requirements?                                                                                                 web page will contain simple
                                                                                                                                                               instructions on how to access all
                                                 Procedural Matters
                                                                                                                                                               documents, including public comments,
                                                 Executive Order 12866 and 13563                         DEPARTMENT OF ENERGY                                  in the docket.
                                                    Executive Orders 12866 and 13563                                                                           FOR FURTHER INFORMATION CONTACT:
                                                 direct agencies to assess all costs and                 10 CFR Part 430                                       Appliance and Equipment Standards
                                                 benefits of available regulatory                                                                              Program Staff, U.S. Department of
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                                                 alternatives and, if regulation is                      [EERE–2017–BT–STD–0059]                               Energy, Office of Energy Efficiency and
                                                 necessary, to select regulatory                                                                               Renewable Energy, Building
                                                                                                         Energy Conservation Program: Energy                   Technologies Program, EE–5B, 1000
                                                 approaches that maximize net benefits                   Conservation Standards Program
                                                 (including potential economic,                                                                                Independence Avenue SW, Washington,
                                                                                                         Design                                                DC 20585–0121. Telephone: (202) 287–
                                                 environmental, public health and safety
                                                 effects, distributive impacts, and                      AGENCY: Office of Energy Efficiency and               1445. Email: ProgramDesign
                                                 equity). Executive Order 13563                          Renewable Energy, Department of                       2017STD0059@ee.doe.gov.
                                                 emphasizes the importance of                            Energy.                                               SUPPLEMENTARY INFORMATION:



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Document Created: 2018-02-23 01:32:53
Document Modified: 2018-02-23 01:32:53
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
ActionAdvanced notice of proposed rulemaking.
DatesWritten comments must be received on or before April 9, 2018 to be assured of consideration.
ContactSasha Gersten-Paal, Chief, Certification Policy Branch, SNAP Program Development Division, Food and Nutrition, Services, USDA, 3101 Park Center Drive, Room 812, Alexandria, Virginia 22302 or (703) 305-2507 during regular business hours 8:30 a.m. to 5 p.m.) Monday through Friday.
FR Citation83 FR 8013 
RIN Number0584-AE57

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