[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Rules and Regulations]
[Pages 34605-34606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14045]
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Rules and Regulations
Federal Register
________________________________________________________________________
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.
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Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 /
Rules and Regulations
[[Page 34605]]
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.
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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, [email protected].
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
0
1. The authority citation for part 273 continues to read as follows:
Authority: 7 U.S.C. 2011-2036.
0
2. In Sec. 273.24, revise paragraphs (f) and (h) to read as follows:
Sec. 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
[[Page 34606]]
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]
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