[Federal Register Volume 78, Number 149 (Friday, August 2, 2013)]
[Rules and Regulations]
[Page 46799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18597]



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Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Rules 
and Regulations

[[Page 46799]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 272

[FNS-2009-0024]
RIN 0584-AD91


Supplemental Nutrition Assistance Program: Privacy Protections of 
Information From Applicant Households

AGENCY: Food and Nutrition Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: The Food and Nutrition Service (FNS) is issuing this 
affirmation of a final rule, without change, of an interim rule that 
amended Supplemental Nutrition Assistance Program (SNAP) regulations at 
Sec.  272.1, to permit SNAP State agencies to share information with 
local educational agencies (LEAs) administering the National School 
Lunch Program established under the Richard B. Russell National School 
Lunch Act or the School Breakfast Program established under the Child 
Nutrition Act of 1966, in order to directly certify the eligibility of 
school-age children for receipt of free school lunches and breakfasts 
based on their receipt of SNAP benefits.

DATES: Effective August 2, 2013, the Department is adopting as a final 
rule the interim rule published at 76 FR 28165, dated May 16, 2011.

FOR FURTHER INFORMATION CONTACT: Jane Duffield, Chief, State 
Administration Branch, Supplemental Nutrition Assistance Program, Food 
and Nutrition Service, U.S. Department of Agriculture, 3101 Park Center 
Drive, Room 818, Alexandria, VA 22302, (703) 605-4385, or 
Jane.Duffield@fns.usda.gov.

SUPPLEMENTARY INFORMATION: 

Background

    On May 16, 2011, the Department published an interim rule 
implementing a nondiscretionary privacy protection provision of section 
4120 of Public Law 110-246, the Food, Conservation and Energy Act of 
2008 (FCEA), which amends section 11(e)(8) of the Food and Nutrition 
Act of 2008 (the Act), 7 U.S.C 2020(e)(8). The revision amended SNAP 
regulations at Sec.  272.1(c), to make clear that SNAP applicant or 
recipient information may be used for certifying children for free 
school meals based on their family's eligibility for SNAP benefits.
    Direct certification of SNAP children for the free school breakfast 
and lunch programs went into effect July 2006 for large school 
districts and by July 2008 for all school districts. Accordingly, the 
revision to Sec.  272.1(c) did not change policy, so new State action 
was not required. USDA also concluded that because implementation of 
section 4120 was nondiscretionary and specific, and because the 
rulemaking would not require any changes on the part of State agencies 
in how they protect information provided by SNAP applicants, it was 
unnecessary to issue the rule as a proposed rule. The comment period 
ended on July 16, 2011.
    No comments were submitted during the comment period. For reasons 
given in the interim rule, the Department is adopting the interim rule 
as a final rule without change.

List of Subjects in 7 CFR Part 272

    Alaska, Civil rights, Claims, SNAP, Grant programs-social programs, 
Reporting and recordkeeping requirements, Unemployment compensation, 
Wages.

PART 272--REQUIREMENTS FOR PARTICIPATING STATE AGENCIES

0
Accordingly, the Department is adopting as a final rule, without 
change, the interim rule that amended 7 CFR part 272 and was published 
at 76 FR 28165 on May 16, 2011.

     Dated: July 22, 2013.
Audrey Rowe,
Administrator, Food and Nutrition Service.
[FR Doc. 2013-18597 Filed 8-1-13; 8:45 am]
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