[Federal Register Volume 59, Number 110 (Thursday, June 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13864]


  Federal Register / Vol. 59, No. 110 / Thursday, June 9, 1994 /
  
[[Page Unknown]]

[Federal Register: June 9, 1994]


                                                   VOL. 59, NO. 110

                                             Thursday, June 9, 1994

DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 271, 272, 273, 275, 276, 278, and 279

[Amdt. No. 356]

 

Food Stamp Program: Technical Amendments to Various Provisions of 
Food Stamp Rules

AGENCY: Food and Nutrition Service, USDA.

ACTION: Final rule.

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SUMMARY: This rule is implementing technical amendments to numerous 
provisions of the regulations governing the Food Stamp Program. These 
technical amendments: (1) Correct errors in spelling, grammar, 
regulatory references and typographical errors; (2) provide consistency 
or conformity with other regulatory provisions; and (3) finalize 
proposed technical changes published on March 28, 1991. These technical 
amendments do not change the substance of the affected provisions.

EFFECTIVE DATE: This final rule is effective June 9, 1994.

FOR FURTHER INFORMATION CONTACT: Questions regarding this rulemaking 
should be addressed to Judith M. Seymour, Eligibility and Certification 
Regulation Section, Certification Policy Branch, Program Development 
Division, Food and Nutrition Service, 3101 Park Center Drive, 
Alexandria, VA 22302 or FAX (703) 305-2454.

SUPPLEMENTARY INFORMATION

Classification

Executive Order 12372

    The Food Stamp Program is listed in the Catalog of Federal Domestic 
Assistance under No. 10.551. For the reasons set forth in the proposed 
rule and related notices of 7 CFR part 3015, subpart V (48 FR 29115), 
this Program is excluded from the scope of Executive Order 12372, which 
requires intergovernmental consultation with State and local officials.

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget.

Executive Order 12778

    This final rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This rule is intended to have preemptive effect 
with respect to any State or local laws, regulations or policies which 
conflict with its provisions or which would otherwise impede its full 
implementation. This final rule is not intended to have retroactive 
effect unless so specified in the ``Effective Date'' paragraph of this 
preamble. Prior to any judicial challenge to the provisions of this 
rule or the application of its provisions, all applicable 
administrative procedures must be exhausted. In the Food Stamp Program, 
the administrative procedures are as follows: (1) For program benefit 
recipients--State administrative procedures issued to 7 U.S.C. 
2020(e)(10) and 7 CFR 273.15; (2) for State agencies--administrative 
procedures issued pursuant to 7 U.S.C. 2023 set out at 7 CFR 276.7 (for 
rules related to non-quality control (QC) liabilities) or part 284 (for 
rules related to QC liabilities); (3) for program retailers and 
wholesalers--administrative procedures issued pursuant to 7 U.S.C. 2023 
set out at 7 CFR 278.8.

Regulatory Flexibility Act

    The Department has also reviewed this final rule in relation to the 
requirements of the Regulatory Flexibility Act of 1980 (Pub. L. 96-354, 
94 Stat. 1164, September 19, 1980). William E. Ludwig, Administrator of 
the Food and Nutrition Service (FNS), has certified that this rule does 
not have a significant economic impact on a substantial number of small 
entities. State and local welfare agencies will be the most affected to 
the extent that they administer the Program. The amendments addressed 
in this final rule are technical corrections and do not change the 
principles nor the policy intent of the provisions affected.

Paperwork Reduction Act

    This final rule does not contain reporting or recordkeeping 
requirements subject to approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (44 U.S.C. 3507).

Public Participation

    Those portions of this final rule, which were not previously 
proposed in 56 FR 12857 on March 28, 1991, are being published without 
providing an opportunity for public comment and will become effective 
on the date published in the Federal Register. The action, with respect 
to those portions not previously proposed, is technical in nature and 
public comment would not be useful or necessary. The action concerns 
codification of prior approvals obtained from OMB of the information 
collection and recordkeeping burdens contained in Food Stamp Program 
regulations. These approvals were previously announced only in the 
preamble section of the regulations as they were individually published 
in the Federal Register over the years. For these reasons, William E. 
Ludwig, the Administrator of the Food and Nutrition Service has 
determined that, in accordance with 5 U.S.C. 553(b)(3)(B), good cause 
exists both for publishing this regulation without taking public 
comment and for making the rule effective upon publication. Those 
portions of this final rule which were previously proposed in 56 FR 
12857 on March 28, 1991 received no comments. The remaining provisions 
of that proposed rule, which pertained to retail grocers, are being 
withdrawn by this rule.

Background

Technical Amendments and Corrections

    On a periodic basis, the Department reviews the Food Stamp Program 
regulations to ensure the text is clear and correct. During the last 
review, the Department noted numerous technical errors in the text of 
the regulations. In order to correct these errors, the Department is 
making technical amendments to: (1) Correct errors in spelling, 
grammar, regulatory references, and other typographical errors; (2) 
provide consistency or conformity with other regulatory provisions; and 
(3) finalize proposed technical changes published on March 28, 1991 (56 
FR 12857). The amendments do not change the substance of the provisions 
affected. There are several technical amendments that require some 
explanation about why the Department is making these changes.
    On June 29, 1982 the Department published a final regulation at 47 
FR 28067, ``pursuant to the Food Stamp Act of 1977, and to legislation 
enacted on March 24, 1976, approving and reiterating the `Covenant to 
Establish a Commonwealth of the Northern Mariana Islands in Political 
Union with the United States of America', Public Law 94-241 and Public 
Law 96-597.'' That final rule added part 284 to the food stamp 
regulations. Part 284 describes the general terms and conditions under 
which a modified Food Stamp Program shall be provided by the Food and 
Nutrition Service (FNS) to the Commonwealth of the Northern Mariana 
Islands (CNMI). In preparing this final rule, the Department failed to 
add a reference to part 284 in 7 CFR 271.1(b), which describes the 
scope of food stamp regulations. The Department is taking this 
opportunity to include a conforming amendment to Sec. 271.1(b) to 
explain that part 284 provides for a nutrition assistance program for 
CNMI.
    Current regulations at 7 CFR 273.1(e)(1)(i), originally published 
on October 17, 1978 at 43 FR 47889, grant food stamp eligibility to 
residents of federally subsidized housing for the elderly built under 
either section 202 of the Housing Act of 1959 or section 236 of the 
National Housing Act. Subsequently in 1988, FNS Policy Interpretation 
Response System (PIRS) Memo 88-9, dated April 19, 1988, was issued to 
explain that section 236 of the National Housing Act was no longer 
effective and other housing programs for the elderly had been developed 
since Sec. 273.1(e)(1)(i) was originally implemented. For this reason, 
the Department is removing the reference to section 236 of the National 
Housing Act in 7 CFR 273.1(e)(1)(i).
    The Department is also amending 7 CFR 273.17 by removing paragraph 
(i), which discusses the losses of benefits that occurred prior to 
elimination of the purchase requirement. The purchase requirement for 
food stamps was terminated with the enactment of the Food Stamp Act of 
1977. The Department originally implemented Sec. 273.17(i) to protect 
households during the change from the purchase requirement to the 
current Food Stamp Program system of benefit delivery. The Department 
believes there is no further need for Sec. 273.17(i) at this time and 
is removing this section from food stamp regulations.
    Under current regulations at 7 CFR 273.20, the States of California 
and Wisconsin are listed as ``SSI Cash-Out States''. Under the ``SSI 
Cash-Out'' demonstration project, California and Wisconsin provide 
recipients of Supplemental Security Income (SSI) payments with the cash 
value of their food stamp allotment, in lieu of coupons, by increasing 
the SSI grant award. Residents of these states are considered 
ineligible for food stamp benefits.
    On January 1, 1992, the State of Wisconsin officially ended its 
``SSI Cash-out'' demonstration project, thereby making SSI recipients 
eligible for food stamp benefits. In order to ensure conformity, the 
Department is removing all references to Wisconsin throughout 7 CFR 
273.20.
    The Department is making several technical changes to regulations 
in part 278, which pertain to the participation of retail food stores, 
wholesale food concerns and insured financial institutions. The 
Department is also adding the word ``accepted'' immediately before the 
words ``in accordance'' in 7 CFR 278.2(g) which describes how firms may 
redeem coupons. The word was inadvertently omitted from the regulations 
when they were last published.
    The Department is deleting the reference in 7 CFR 278.6(e) to ``FNS 
regional offices'' being the agent of FNS in disqualification actions 
taken against retail food stores and wholesale food concerns. Instead, 
the regulation will state that ``FNS'' shall take action. This change 
in wording is being made to reflect the fact that some FNS regional 
offices have delegated authority to act in these matters to their field 
offices.
    Lastly, the Department is using this rulemaking to finalize 
proposed technical changes to part 279 that were originally published 
in a proposed rule on March 28, 1991 at 56 FR 12857. The remaining 
proposals in that rulemaking (pertaining to authorizing and educating 
retail grocers and assigning penalties to retailers who violate program 
rules) have been withdrawn by the Department. No comments were received 
concerning the proposed technical changes.
    The amendments are being made to the following sections of 7 CFR:

271.1(b)
271.6(b)(1)(ii), (iii), (vi), and (vii)
271.7(d)(1)(ii)
272.1(g)(7)(viii), (g)(10), (g)(17)(i)(B), (g)(36), (g)(74), 
(g)(84)(i), (g)(90)
272.2(a)(2)
272.6(c)(3)
272.8(i)
272.10(a)(2)(iii)
273.1(c)(3)(i) and (ii), (e)(1)(i)
273.8(i)(2)(i)
273.11(b)(1)(ii)(A) and (B)
273.15(r)(2)
273.17(i)
273.18(d)(2)
273.20(a), (b), (c)
273.22(f)(6)(iii)(A)
275.8(a)
275.9(c)(1)
276.3(b)(3)
276.7(h)(4)
278.1(j)(1), (k)(1)(ii)
278.2(g)
279.2(a), (b)
279.3(a), (b)
279.7(b), (c), (d)
279.8(a), (a)(1), (b), (c), (d), (e), (f), (g)
279.9(a), (b)
279.10(a)

Effective Date

    This final rule does not change the current policy under which 
State agencies are operating. Therefore, the final rule does not 
require special implementation procedures by State agencies. This rule 
is effective upon the date of publication.

List of Subjects

7 CFR Part 271

    Administrative practice and procedure, Food stamps, Grant 
programs--social programs.

7 CFR Part 272

    Alaska, Civil rights, Food stamps, Reporting and recordkeeping 
requirements.

7 CFR Part 273

    Administrative practice and procedures, Aliens, Claims, Food 
stamps, Grant programs--social programs, Penalties, Reporting and 
recordkeeping requirements, Social security, Students.

7 CFR Part 275

    Administrative practice and procedure, Food stamps, Reporting and 
recordkeeping requirements.

7 CFR Part 276

    Administrative practice and procedure, Food stamps, Fraud, Grant 
programs--social programs, Penalties.

7 CFR Part 278

    Administrative practice and procedure, Banks, Banking, Claims, Food 
stamps, General line--wholesalers, Groceries, Groceries--retail, 
Penalties.

7 CFR Part 279

    Administrative practice and procedure, Food stamps, General line--
wholesalers, Groceries, Groceries--retail.

    Accordingly, parts 271, 272, 273, 275, 276, 278 and 279 are amended 
as follows:
    1. The authority citations for parts 271, 272, 273, 275, 276, 278 
and 279 continues to read as follows:

    Authority: 7 U.S.C. 2011-2032.

PART 271--GENERAL INFORMATION AND DEFINITIONS


Sec. 271.1  [Amended]

    2. In Sec. 271.1, paragraph (b) is amended by adding a new sentence 
between the twelfth and last sentences of the paragraph to read as 
follows:


Sec. 271.1  General purpose and scope.

* * * * *
    (b) Scope of the regulations. * * * Part 284 provides for a 
nutrition assistance program for the Commonwealth of the Northern 
Mariana Islands (CNMI).


Sec. 271.6  [Amended]

    3. In Sec. 271.6:
    a. Paragraph (b)(1)(ii) is amended by removing the words ``1100 
Spring Street NW, Room 200, Atlanta, Ga. 30367'' and adding in their 
place the words ``77 Forsyth Street SW., Suite 112, Atlanta, GA 30303-
3427'';
    b. Paragraph (b)(1)(iii) is amended by removing the words ``50 East 
Washington Street, Chicago, Ill. 60602'' and adding in their place the 
words ``77 West Jackson Blvd., 20th Floor, Chicago, IL 60604-3507'';
    c. Paragraph (b)(1)(vi) is amended by removing the words ``33 North 
Avenue, Burlington, Mass. 01803'' and adding in their place the words 
``10 Causeway St., Boston, MA 02222-1069'';
    d. Paragraph (b)(1)(vii) is amended by removing the words ``2420 
West 26th Avenue, Suite 430-D, Denver, Colo. 80211'' and adding in 
their place the words ``1244 Speer Blvd., Suite 903, Denver, CO 80204-
3581''.


Sec. 271.7  [Amended]

    4. In Sec. 271.7, the first sentence of paragraph (d)(1)(ii) is 
amended by removing the words ``upcoming month's allotments'' and 
adding in their place the words ``upcoming month's allotment''.

PART 272--REQUIREMENTS FOR PARTICIPATING STATE AGENCIES


Sec. 272.1  [Amended]

    5. In Sec. 272.1:
    a. The third sentence of paragraph (g)(7)(viii) is amended by 
adding a comma after the words ``Discrepancies and Other Information'';
    b. The second sentence of paragraph (g)(10) is amended by removing 
the word ``seperate'' and adding in its place the word ``separate'';
    c. The second sentence of paragraph (g)(17)(i)(B) is amended by 
removing the words ``Secretary of Health, Education, and Welfare'' and 
adding in their place the words ``Secretary of Health and Human 
Services'';
    d. The second sentence of paragraph (g)(36) is amended by removing 
the hyphen in the word ``State-wide'';
    e. Paragraph (g)(74) is amended by redesignating paragraphs (g)(74) 
(1), (2) introductory text, (i) and (ii) as (g)(74) (i), (ii) 
introductory text, (A) and (B), respectively;
    f. In paragraph (g)(84)(i) the second sentence is amended by 
removing the words ``any eligible determination'' and adding in their 
place the words ``any eligibility determination'';
    g. The first sentence of paragraph (g)(90) is amended by removing 
the words ``applying the provisions'' and adding in their place the 
words ``applying the provision''.


Sec. 272.2  [Amended]

    6. In Sec. 272.2, the fifth sentence of paragraph (a)(2) is amended 
by removing the words ``State Plan of Operations'' and adding in their 
place the words ``State Plan of Operation''.


Sec. 272.6  [Amended]

    7. In Sec. 272.6, paragraph (c)(3) is amended by removing the words 
``(iii), (iv)'' and adding in their place the words ``(iii) or (iv)''.


Sec. 272.8  [Amended]

    8. In Sec. 272.8, the heading of paragraph (i) is amended by 
removing the words ``Plan of Operations'' and adding in their place the 
words ``State Plan of Operation'' and the introductory text of 
paragraph (i) is amended by removing the words ``State Agency's Plan of 
Operations'' and adding in their place the words ``State Plan of 
Operation.''


Sec. 272.10  [Amended]

    9. In Sec. 272.10, the first sentence of paragraph (a)(2)(iii) is 
amended by adding the word ``and'' between the words ``each planned 
activity,'' and ``including a consideration''.

PART 273--CERTIFICATION OF ELIGIBLE HOUSEHOLDS


Sec. 273.1  [Amended]

    10. In Sec. 273.1:
    a. Paragraphs (c)(3) (i) and (ii) are amended by removing the words 
``Thrifty Food Plan'' and adding in their place the words ``maximum 
food stamp allotment'';
    b. Paragraph (e)(1)(i) is amended by removing the words ``or 
section 236 of the National Housing Act'' at the end of the paragraph.


Sec. 273.8  [Amended]

    11. In Sec. 273.8, paragraph (i)(2)(i) is amended by removing the 
word ``personnel'' and adding in its place the word ``personal''.


Sec. 273.11  [Amended]

    12. In Sec. 273.11, paragraphs (b)(1)(ii) (A) and (B) are amended 
by removing the words ``thrifty food plan'' and adding in their place 
the words ``maximum food stamp allotment''.


Sec. 273.15  [Amended]

    13. In Sec. 273.15, the first sentence of paragraph (r)(2) is 
amended by adding a hyphen between the words ``45'' and ``day''.


Sec. 273.17  [Amended]

    14. In Sec. 273.17, paragraph (i) is removed.


Sec. 273.18  [Amended]

    15. In Sec. 273.18, the last sentence of paragraph (d)(2) is 
amended by removing the words ``guilty of misrepresentation of fraud'' 
and adding in their place the words ``guilty of misrepresentation or 
fraud''.


Sec. 273.20  [Amended]

    16. In Sec. 273.20, paragraphs (a), (b), and (c) are amended by 
removing the word ``Wisconsin'' wherever it appears.


Sec. 273.22  [Amended]

    17. In Sec. 273.22, the first sentence of paragraph (f)(6)(iii)(A) 
is amended by removing the comma between the words ``income'' and 
``standard''.

PART 275--PERFORMANCE REPORTING SYSTEM


Sec. 275.8  [Amended]

    18. In Sec. 275.8, the last sentence of paragraph (a) is amended by 
removing the words ``agencies would have 60 days'' and adding in their 
place the words ``agencies have 60 days''.


Sec. 275.9  [Amended]

    19. In Sec. 275.9, the second sentence of paragraph (c)(1) is 
amended by removing the words ``to determine it the project'' and 
adding in their place the words ``to determine if the project''.

PART 276--STATE AGENCY LIABILITIES AND FEDERAL SANCTIONS


Sec. 276.3  [Amended]

    20. In Sec. 276.3, the first sentence in paragraph (b)(3) is 
amended by removing the words ``base it determinations'' and adding in 
their place ``base its determinations''.


Sec. 276.7  [Amended]

    21. In Sec. 276.7, the last sentence in paragraph (h)(4) is amended 
by removing the words ``prior of the expiration'' and adding in their 
place the words ``prior to the expiration''.

PART 278--PARTICIPATION OF RETAIL FOOD STORES, WHOLESALE FOOD 
CONCERNS AND INSURED FINANCIAL INSTITUTIONS


Sec. 278.1  [Amended]

    22. In Sec. 278.1:
    (a) Paragraph (j)(1) is amended by removing the reference to 
``paragraphs (b), (c), (d), and (e)'' and adding in its place the 
reference to ``paragraphs (b), (c), (d), (e), (f), (g), or (h)'';
    (b) Paragraph (k)(1)(ii) is amended by removing the reference to 
``paragraphs (b), (c), (d), or (e)'' and adding in its place a 
reference to ``paragraph (b), (c), (d), (e), (f), (g), or (h)''.


Sec. 278.2  [Amended]

    23. In Sec. 278.2:
    a. The first sentence of paragraph (g) is amended by adding the 
word ``accepted'' immediately preceding the words ``in accordance'';
    b. The last sentence of paragraph (g) is amended by removing the 
word ``and'' from the words ``and shelters for battered women''.


Sec. 278.5  [Amended]

    24. In Sec. 278.5, the fourth sentence of paragraph (e) is amended 
by removing the words ``Federal Operations Division, FNS, U.S. 
Department of Agriculture, Washington, DC 20250'' and adding in their 
place the words ``Benefit Redemption Division, FSP, FNS, U.S. 
Department of Agriculture, 3101 Park Center Drive, Alexandria, VA 
22302''.

PART 279--ADMINISTRATIVE AND JUDICIAL REVIEW--FOOD RETAILERS AND 
FOOD WHOLESALERS


Sec. 279.1  [Amended]

    25. In Sec. 279.1, the first and third sentences are amended by 
removing the words ``food stamp'' and adding in their place the word 
``administrative'' each time they precede the words ``review officer''.


Sec. 279.2  [Amended]

    26. In Sec. 279.2:
    a. The section heading is amended by removing the words ``Food 
Stamp'' and adding in their place the word ``Administrative'';
    b. Paragraphs (a) and (b) are amended by removing the words ``food 
stamp'' each time they appear and adding in their place the word 
``administrative''.


Sec. 279.3  [Amended]

    27. In Sec. 279.3, paragraphs (a) and (b) are amended by removing 
the words ``food stamp'' each time they appear and replacing them with 
the word ``administrative''.


Sec. 279.7  [Amended]

    28. In Sec. 279.7:
    a. Paragraph (b) is amended by removing the words ``food stamp'' in 
the first sentence and adding in their place the word 
``administrative'' and by removing the word ``regional'' in the last 
sentence.
    b. Paragraphs (c) and (d) are amended by removing the words ``food 
stamp'' each time they appear and adding in their place the word 
``administrative''.


Sec. 279.8  [Amended]

    29. In Sec. 279.8:
    a. The section heading is amended by removing the words ``food 
stamp'' and adding in their place the word ``administrative'';
    b. The introductory text of paragraph (a) is amended by removing 
the words ``food stamp'' each time they appear and adding in their 
place the word ``administrative'';
    c. Paragraph (a)(1) is amended by removing the words ``FNS 
regional'' and adding in their place the words ``appropriate FNS'';
    d. Paragraph (b) is amended by removing the words ``food stamp'' 
and adding in their place the word ``administrative'';
    e. Paragraph (c) is amended by removing the words ``food stamp'' 
each time they appear and adding in their place the word 
``administrative'' and by removing the word ``regional'' whenever it 
appears and adding in its place the words ``appropriate FNS'';
    f. Paragraphs (d) and (e) are amended by removing the words ``food 
stamp'' each time they appear and adding in their place the word 
``administrative'';
    g. The heading of paragraph (f) is amended by removing the word 
``regional'' and adding in its place the words ``appropriate FNS''. The 
text of paragraph (f) is amended by removing the words ``food stamp'' 
and adding in their place the word ``administrative'', and by removing 
the word ``regional'';
    h. Paragraph (g) is amended by removing the words ``food stamp'' 
and replacing them with the word ``administrative''.


Sec. 279.9  [Amended]

    30. In Sec. 279.9, paragraphs (a) and (b) are amended by removing 
the words ``food stamp'' each time they appear and adding in their 
place the word ``administrative''.


Sec. 279.10  [Amended]

    31. In Sec. 279.10, paragraph (a) is amended by removing the words 
``food stamp'' each time they appear and adding in their place the word 
``administrative''.

    Dated: June 1, 1994.
William E. Ludwig,
Administrator.
[FR Doc. 94-13864 Filed 6-8-94; 8:45 am]
BILLING CODE 3410-30-U