Supplemental Nutrition Assistance Program: Rescission of Requirements for Able-Bodied Adults Without Dependents: Notice of Vacatur
| Published date | 30 June 2021 |
| Citation | 86 FR 34605 |
| Record Number | 2021-14045 |
| Section | Rules and Regulations |
| Court | Food And Nutrition Service |
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
Rules and Regulations Federal Register
34605
Vol. 86, No. 123
Wednesday, June 30, 2021
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Part 273
[FNS–2021–0012]
RIN 0584–AE87
Supplemental Nutrition Assistance
Program: Rescission of Requirements
for Able-Bodied Adults Without
Dependents: Notice of Vacatur
AGENCY
: Food and Nutrition Service
(FNS), USDA.
ACTION
: Final rule.
SUMMARY
: This final rule removes from
the Code of Federal Regulations the
final rule published on December 5,
2019, titled ‘‘Supplemental Nutrition
Assistance Program: Requirements for
Able-Bodied Adults Without
Dependents.’’ This action responds to a
decision of the U.S. District Court for
the District of Columbia that vacated the
rule.
DATES
: The action is effective June 30,
2021. However, the court order had
legal effect immediately upon its filing
on October 18, 2020.
ADDRESSES
: SNAP Program
Development Division, Food and
Nutrition Service, USDA, 1320
Braddock Place, Alexandria, Virginia
22314.
FOR FURTHER INFORMATION CONTACT
:
Arpan Dasgupta, Certification Policy
Branch, Program Development Division,
Food and Nutrition Service, 703–305–
1623, SNAPCPBrules@usda.gov.
SUPPLEMENTARY INFORMATION
: On
December 5, 2019, the Food and
Nutrition Service (FNS) published a
final rule titled ‘‘Supplemental
Nutrition Assistance Program:
Requirements for Able-Bodied Adults
Without Dependents’’ (84 FR 66782)
(hereinafter ‘‘2019 Final Rule’’). The
2019 Final Rule revised conditions
under which USDA would waive, when
requested by States, the able-bodied
adult without dependents (ABAWD)
time limit in areas that have an
unemployment rate of over 10 percent
or a lack of sufficient jobs. In addition,
the 2019 Final Rule limited carryover of
ABAWD discretionary exemptions.
In the October 18, 2020, decision in
District of Columbia, et al., v. United
States Department of Agriculture, et al.,
No. 20–cv–00119–BAH (D.D.C. 2020),
the U.S. District Court for the District of
Columbia vacated the 2019 Final Rule.
This rule is being promulgated to
revert the language of the regulations
amended by the 2019 Final Rule to that
which existed prior to the 2019 Final
Rule. This rule is not subject to the
requirement to provide notice and an
opportunity for public comments
because it falls under the good cause
exception at 5 U.S.C. 553(b)(B). The
good cause exception is satisfied when
notice and comment is ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Id. The 2019 Final Rule has
already been vacated by a court of law.
This rule is simply an administrative
step that reverts the language of the
relevant regulations to reflect the court’s
order vacating the 2019 Final Rule.
Additionally, because this rule
implements a court order already in
effect, FNS has good cause to waive the
30-day effective date under 5 U.S.C.
553(d).
List of Subjects in 7 CFR Part 273
Able-bodied adults without
dependents, Administrative practice
and procedures, Employment, Indian
Reservations, Time limit, U.S.
Territories, Waivers, Work
Requirements.
Accordingly 7 CFR part 273 is
amended as follows:
PART 273—CERTIFICATION OF
ELIGIBLE HOUSEHOLDS
■1. The authority citation for part 273
continues to read as follows:
Authority: 7 U.S.C. 2011–2036.
■2. In § 273.24, revise paragraphs (f)
and (h) to read as follows:
§ 273.24 Time limit for able-bodied adults.
* * * * *
(f) Waivers—(1) General. On the
request of a State agency, FNS may
waive the time limit for a group of
individuals in the State if we determine
that the area in which the individuals
reside:
(i) Has an unemployment rate of over
10 percent; or
(ii) Does not have a sufficient number
of jobs to provide employment for the
individuals.
(2) Required data. The State agency
may submit whatever data it deems
appropriate to support its request.
However, to support waiver requests
based on unemployment rates or labor
force data, States must submit data that
relies on standard Bureau of Labor
Statistics (BLS) data or methods. A non-
exhaustive list of the kinds of data a
State agency may submit follows:
(i) To support a claim of
unemployment over 10 percent, a State
agency may submit evidence that an
area has a recent 12 month average
unemployment rate over 10 percent; a
recent three month average
unemployment rate over 10 percent; or
an historical seasonal unemployment
rate over 10 percent; or
(ii) To support a claim of lack of
sufficient jobs, a State may submit
evidence that an area: Is designated as
a Labor Surplus Area (LSA) by the
Department of Labor’s Employment and
Training Administration (ETA); is
determined by the Department of
Labor’s Unemployment Insurance
Service as qualifying for extended
unemployment benefits; has a low and
declining employment-to-population
ratio; has a lack of jobs in declining
occupations or industries; is described
in an academic study or other
publications as an area where there are
lack of jobs; has a 24-month average
unemployment rate 20 percent above
the national average for the same 24-
month period. This 24-month period
may not be any earlier than the same 24-
month period the ETA uses to designate
LSAs for the current fiscal year.
(3) Waivers that are readily
approvable. FNS will approve State
agency waivers where FNS confirms:
(i) Data from the BLS or the BLS
cooperating agency that shows an area
has a most recent 12 month average
unemployment rate over 10 percent;
(ii) Evidence that the area has been
designated a Labor Surplus Area by the
ETA for the current fiscal year; or
(iii) Data from the BLS or the BLS
cooperating agency that an area has a 24
month average unemployment rate that
exceeds the national average by 20
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Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations
percent for any 24-month period no
earlier than the same period the ETA
uses to designate LSAs for the current
fiscal year.
(4) Effective date of certain waivers. In
areas for which the State certifies that
data from the BLS or the BLS
cooperating agency show a most recent
12 month average unemployment rate
over 10 percent; or the area has been
designated as a Labor Surplus Area by
the Department of Labor’s Employment
and Training Administration for the
current fiscal year, the State may begin
to operate the waiver at the time the
waiver request is submitted. FNS will
contact the State if the waiver must be
modified.
(5) Duration of waiver. In general,
waivers will be approved for one year.
The duration of a waiver should bear
some relationship to the documentation
provided in support of the waiver
request. FNS will consider approving
waivers for up to one year based on
documentation covering a shorter
period, but the State agency must show
that the basis for the waiver is not a
seasonal or short term aberration. We
reserve the right to approve waivers for
a shorter period at the State agency’s
request or if the data is insufficient. We
reserve the right to approve a waiver for
a longer period if the reasons are
compelling.
(6) Areas covered by waivers. States
may define areas to be covered by
waivers. We encourage State agencies to
submit data and analyses that
correspond to the defined area. If
corresponding data does not exist, State
agencies should submit data that
corresponds as closely to the area as
possible.
* * * * *
(h) Adjustments. FNS will make
adjustments as follows:
(1) Caseload adjustments. FNS will
adjust the number of exemptions
estimated for a State agency under
paragraph (g)(2) of this section during a
fiscal year if the number of SNAP
recipients in the State varies from the
State’s caseload by more than 10
percent, as estimated by FNS.
(2) Exemption adjustments. During
each fiscal year, FNS will adjust the
number of exemptions allocated to a
State agency based on the number of
exemptions in effect in the State for the
preceding fiscal year.
(i) If the State agency does not use all
of its exemptions by the end of the fiscal
year, FNS will increase the estimated
number of exemptions allocated to the
State agency for the subsequent fiscal
year by the remaining balance.
(ii) If the State agency exceeds its
exemptions by the end of the fiscal year,
FNS will reduce the estimated number
of exemptions allocated to the State
agency for the subsequent fiscal year by
the corresponding number.
* * * * *
Cynthia Long,
Acting Administrator, Food and Nutrition
Service.
[FR Doc. 2021–14045 Filed 6–29–21; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Parts 407 and 457
[Docket ID FCIC–21–0005]
RIN 0563–AC74
Area Risk Protection Insurance
Regulations and Common Crop
Insurance Policy Basic Provisions
AGENCY
: Federal Crop Insurance
Corporation, U.S. Department of
Agriculture (USDA).
ACTION
: Final rule with request for
comments.
SUMMARY
: The Federal Crop Insurance
Corporation (FCIC) amends the Area
Risk Protection Insurance (ARPI)
Regulations and Common Crop
Insurance Policy (CCIP), Basic
Provisions. The intended effect of this
action is to improve unit provisions and
organic farming practice provisions,
revise the definition of veteran farmer or
rancher, and clarify provisions. The
changes to the policy made in this rule
are applicable for the 2022 and
succeeding crop years for crops with a
contract change date on or after June 30,
2021. For all other crops, the changes to
the policy made in this rule are
applicable for the 2023 and succeeding
crop years.
DATES
:
Effective date: This final rule is
effective June 30, 2021.
Comment date: We will consider
comments that we receive by the close
of business August 30, 2021. FCIC may
consider the comments received and
may conduct additional rulemaking
based on the comments.
ADDRESSES
: We invite you to submit
comments on this rule. You may submit
comments by either of the following
methods, although FCIC prefers that you
submit comments electronically through
the Federal eRulemaking Portal:
•Federal eRulemaking Portal: Go to
http://www.regulations.gov and search
for Docket ID FCIC–21–0005. Follow the
instructions for submitting comments.
•Mail: Director, Product
Administration and Standards Division,
Risk Management Agency (RMA), US
Department of Agriculture, P.O. Box
419205, Kansas City, MO 64133–6205.
In your comment, specify docket ID
FCIC–21–0005.
Comments will be available for
viewing online at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT
:
Francie Tolle; telephone (816) 926–
7829; or email francie.tolle@usda.gov.
Persons with disabilities who require
alternative means for communication
should contact the USDA Target Center
at (202) 720–2600 or 844–433–2774
(toll-free nationwide).
SUPPLEMENTARY INFORMATION
:
Background
FCIC serves America’s agricultural
producers through effective, market-
based risk management tools to
strengthen the economic stability of
agricultural producers and rural
communities. The Risk Management
Agency (RMA) administers the FCIC
regulations. FCIC is committed to
increasing the availability and
effectiveness of Federal crop insurance
as a risk management tool. Approved
Insurance Providers (AIPs) sell and
service Federal crop insurance policies
in every state through a public-private
partnership. FCIC reinsures the AIPs
who share the risks associated with
catastrophic losses due to major weather
events. FCIC’s vision is to secure the
future of agriculture by providing world
class risk management tools to rural
America.
Federal crop insurance policies
typically consist of the Basic Provisions,
the Crop Provisions, the Special
Provisions, the Commodity Exchange
Price Provisions, if applicable, other
applicable endorsements or options, the
actuarial documents for the insured
agricultural commodity, the
Catastrophic Risk Protection
Endorsement, if applicable, and the
applicable regulations published in 7
CFR chapter IV.
FCIC amends the ARPI Basic
Provisions (7 CFR 407) and the CCIP
Basic Provisions (7 CFR 457.8). The
changes to the policy made in this rule
are applicable for the 2022 and
succeeding crop years for crops with a
contract change date on or after June 30,
2021. For all other crops, the changes to
the policy made in this rule are
applicable for the 2023 and succeeding
crop years. These changes resulted from
public comments received on two final
rules with request for comment.
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