[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.
-----------------------------------------------------------------------
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