[Federal Register Volume 66, Number 71 (Thursday, April 12, 2001)]
[Rules and Regulations]
[Page 18869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9052]



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  Federal Register / Vol. 66, No. 71 / Thursday, April 12, 2001 / Rules 
and Regulations  

[[Page 18869]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 271 and 278

RIN 0584-AB90


Food Stamp Program: Revisions to the Retail Food Store Definition 
and Program Authorization Guidance: Delay of Effective Date

AGENCY: Food and Nutrition Service, USDA.

ACTION: Final rule; delay of effective date.

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SUMMARY: In accordance with the memorandum of January 20, 2001, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Review Plan,'' published in the Federal Register on 
January 24, 2001, a decision has been made to further temporarily delay 
for 120 days the effective date of the rule entitled Food Stamp 
Program: Revisions to the Retail Food Store Definition and Program 
Authorization Guidance, published in the Federal Register on January 
12, 2001, 66 FR 2795. The rule implements provisions of the Food Stamp 
Program Improvements Act of 1994 to revise the criteria for eligibility 
of firms to participate in the Food Stamp Program as retail food 
stores, and to provide for notification to such firms of eligibility 
criteria for participation. The original effective date of this rule, 
February 12, 2001, was temporarily delayed for 60 days, to April 13, 
2001, by a final rule published in the Federal Register on February 5, 
2001, 66 FR 8885. To the extent that 5 U.S.C. section 553 applies to 
this action, it is exempt from notice and comment because it 
constitutes a rule of procedure under 5 U.S.C. section 553(b)(A). 
Alternatively, the Department's implementation of this rule without 
opportunity for public comment, effective immediately upon publication 
today in the Federal Register, is based on the good cause exceptions in 
5 U.S.C. section 553(b)(B) and 553(d)(3). Seeking public comment is 
impracticable, unnecessary and contrary to the public interest. The 
additional 120 day delay in the effective date is necessary to give 
Department officials the opportunity for further review and 
consideration of new regulations, consistent with the Assistant to the 
President's memorandum on January 20, 2001. Given the imminence of the 
effective date, seeking prior public comment on this temporary delay 
would have been impractical, as well as contrary to the public interest 
in the orderly promulgation and implementation of regulations. The 
imminence of the effective date is also good cause for making this rule 
effective upon publication.

DATES: As of April 12, 2001, the effective date of the final rule 
entitled Food Stamp Program: Revisions to the Retail Food Store 
Definition and Program Authorization Guidance, published in the Federal 
Register on January 12, 2001, at 66 FR 2795, the effective date of 
which was delayed for 60 days by a final rule published in the Federal 
Register on February 5, 2001 at 66 FR 8885, is further delayed for 120 
days, from April 13, 2001, to a new effective date of August 13, 2001.

FOR FURTHER INFORMATION CONTACT: Sheri Ackerman, Regulatory Control 
Officer, Food and Nutrition Service, 3101 Park Center Drive, 
Alexandria, Virginia 22302-1954 or by telephone to (703) 305-2246.

    Dated: April 6, 2001.
Ann M. Veneman,
Secretary.
[FR Doc. 01-9052 Filed 4-11-01; 8:45 am]
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