[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
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 This section of the FEDERAL REGISTER contains regulatory 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.

-----------------------------------------------------------------------

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]
BILLING CODE 3410-30-P