[Federal Register Volume 86, Number 143 (Thursday, July 29, 2021)]
[Rules and Regulations]
[Pages 40763-40764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16123]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules 
and Regulations  

[[Page 40763]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 274

[FNS 2016-0074]
RIN 0584-AE02


Supplemental Nutrition Assistance Program (SNAP): 2008 Farm Bill 
Provisions on Clarification of Split Issuance; Accrual of Benefits and 
Definition Changes: Delay of Implementation Date for Certain Provisions

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Interim final rule; request for comments.

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SUMMARY: This interim final rule delays from September 24, 2021, until 
September 24, 2022, the implementation date of certain provisions of 
the final rule entitled, ``Supplemental Nutrition Assistance Program 
(SNAP): 2008 Farm Bill Provisions on Clarification of Split Issuance; 
Accrual of Benefits and Definition Changes'' (``the Final Rule''), 
which was published in the Federal Register on August 24, 2020 and 
became effective on September 23, 2020. The original implementation 
date for the final rule was September 24, 2021. For reasons explained 
below, mostly arising from the burden on State agency resources caused 
by the COVID-19 pandemic, FNS is changing the implementation date for 
certain provisions of the final rule to September 24, 2022, effective 
immediately.

DATES: 
    Effective date: This interim final regulation regarding the delay 
of the implementation date is effective July 29, 2021.
    Comments due date: To be considered, written comments on this 
interim final rule must be received on or before August 30, 2021.
    Implementation date: State agencies must fully implement the 
requirements at 7 CFR parts 274.2(h) and 274.2(i)(1)-(3) as established 
by the final rule published August 24, 2020 (85 FR 52025), no later 
than September 24, 2022.

ADDRESSES: Comments may be submitted through the Federal eRulemaking 
Portal. Go to http://www.regulations.gov and follow the instructions 
for submitting comments electronically. Comments may be submitted via 
email to [email protected]. You may also mail comments to: Shanta 
Swezy, Chief, Issuance Support Branch, Retailer and Issuance Policy and 
Innovation Division, Food and Nutrition Service (FNS), U.S. Department 
of Agriculture (USDA), 1320 Braddock Place, Alexandria, Virginia 22314.

FOR FURTHER INFORMATION CONTACT: Shanta Swezy at the address above or 
(703) 305-2238, [email protected].

SUPPLEMENTARY INFORMATION: The final rule, in part, amended SNAP 
regulations at 7 CFR 274.2(h) and 274.2(i)(1)-(3) to implement 
provisions of the Food, Conservation and Energy Act of 2008 (Pub. L. 
110-234) (2008 Farm Bill) and the Agriculture Improvement Act of 2018 
(Pub. L. 115-334) (2018 Farm Bill) regarding storage of benefits off-
line and permanent expungement of unused benefits. Due to the 
extenuating circumstances of COVID-19, State agencies have been 
focusing efforts on the programming necessary for the 15 percent 
Thrifty Food Plan increase authorized by the Consolidated 
Appropriations Act, 2021 (Pub. L 116-133), Pandemic EBT (P-EBT) 
authorized by the Families First Coronavirus Response Act (FFCRA, Pub. 
L. 116-127), and Emergency Allotments authorized by FFCRA, which have 
been essential to providing households additional support during the 
COVID-19 pandemic. As such, the September 24, 2021 implementation date 
poses administrative and management information system challenges for 
State agencies, and efforts to meet it would divert resources from 
other, more pressing programs and the nutrition assistance that they 
provide at this critical time. The new implementation date of September 
24, 2022, as established by this interim final rule, is intended to 
result in more effective and efficient implementation of the new 
requirements for offline storage and expungement, and enable State 
agencies to better manage any cost adjustments arising from the 
changes.

Administrative Procedure Act Statement

    Pursuant to the Administrative Procedure Act (APA), notice and 
comment are not required prior to the issuance of a rule if an agency, 
for good cause, finds that ``notice and public procedure thereon are 
impracticable, unnecessary, or contrary to the public interest.'' 5 
U.S.C. 553(b)(B). USDA recognizes that courts have held that the good 
cause exception to notice and comment rulemaking is to be narrowly 
construed and only reluctantly countenanced.
    Following these principles, the Department finds for good cause 
that notice and public comment is impracticable, unnecessary, and 
contrary to the public interest for this rule. Due to the extenuating 
circumstances of the COVID-19 pandemic, State agencies have intently 
been working to meet multiple essential pandemic-related requirements. 
This has limited their ability to implement the final rule, 
necessitating an implementation date change for certain provisions of 
the final rule. A notice and public comment period would be 
impracticable because it would consume time before certainty about the 
implementation date could be achieved, when State agencies need to know 
immediately whether the September 24, 2021 implementation date still 
stands, as it is fast approaching. During a notice and comment period, 
States would face challenges regarding how best to use their resources. 
States likely would divert resources from other pandemic-related 
requirements to ensure they can meet an implementation date that might, 
after the notice and comment period, not be sustained. Accordingly, the 
purpose of delaying the implementation date--averting the States' 
diversion of resources--would be impeded by waiting until after a 
notice and comment period to determine if the implementation date would 
be delayed. In addition, being informed of the implementation date 
change is critical to State agency planning and allocation of 
resources, and having to divide those

[[Page 40764]]

resources between COVID-19 needs and implementation of this final rule 
could potentially compromise important State efforts related to COVID-
19. Thus, it is in the best interest of the public to proceed to change 
the implementation date immediately without notice-and-comment 
rulemaking.

Timothy English,
Acting Administrator, Food and Nutrition Service.
[FR Doc. 2021-16123 Filed 7-28-21; 8:45 am]
BILLING CODE 3410-30-P