[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Rules and Regulations]
[Page 23559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08122]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 74 / Tuesday, April 18, 2023 / Rules 
and Regulations  

[[Page 23559]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 275

[FNS-2018-0043]
RIN 0584-AE64


Supplemental Nutrition Assistance Program: Non-Discretionary 
Quality Control Provisions of Title IV of the Agricultural Improvement 
Act of 2018

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

ACTION: Final rule.

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

SUMMARY: The Department of Agriculture (USDA) is adopting the interim 
final rule on non-discretionary quality control provisions of Title IV 
of the Agricultural Improvement Act of 2018, and its correction, as 
final. In this final rule, USDA is also removing one obsolete paragraph 
from the interim final rule due to the Office of Management and 
Budget's (OMB) subsequent approval of information collection activities 
associated with the rule.

DATES: Effective April 18, 2023.

FOR FURTHER INFORMATION CONTACT: John McCleskey, 703-457-7747, Food and 
Nutrition Service, 1320 Braddock Place, 5th Floor; Alexandria, Virginia 
22314, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Department published an interim final rule on August 13, 2021, 
which addressed non-discretionary quality control (QC) provisions of 
Title IV of the Agricultural Improvement Act of 2018 (86 FR 44575). 
This rule became effective August 13, 2021. USDA also published a 
correction to that interim final rule on September 2, 2021 (86 FR 
49229). The interim final rule established requirements on the use and 
Federal oversight of third-party contractors for the Supplemental 
Nutrition Assistance Program's (SNAP) QC system in State agencies; 
Federal QC reviewer access to State eligibility computer systems 
containing SNAP household information; the use of FNS' existing 
management evaluation process to annually review at least two State 
agency QC systems for integrity purposes; and inclusion of SNAP cases 
originally processed by the Social Security Administration in the 
annual review of QC cases. The rule also clarified which QC records 
must be kept for QC recordkeeping purposes, that QC cases must be final 
when submitted to FNS for Federal review, and that the OMB-approved FNS 
380 QC form and all of its supporting documentation must be submitted 
to FNS upon completion of the State's case review.
    The interim final rule also included 7 CFR 275.2(c)(4) because the 
rule included information-collection activities that required revision 
of existing OMB-approved collections. Per the interim final rulemaking, 
paragraph (c)(4) states that compliance with paragraph (c)(1) will not 
be required until paragraph (c)(4) is removed or contains a compliance 
date, after review of such requirements by OMB pursuant to the 
Paperwork Reduction Act (PRA). On July 29, 2022, OMB concluded its 
review of and approved the PRA requirements for the two affected 
collections requiring revision, OMB 0584-0074--Worksheet for the 
Supplemental Nutrition Assistance Program's Quality Control Reviews and 
OMB 0584-0303--Supplemental Nutrition Assistance Program Regulations, 
Part 275--Quality Control.
    One comment on the interim final rule was received, sharing the 
commenter's general thoughts about SNAP's integrity; however, the 
comment was not germane to the interim final rule. No other comments 
were received by the November 1, 2021, comment date.
    As such, USDA is adopting the interim final rule and its correction 
as final. In doing so, USDA is also removing 7 CFR 275.2(c)(4) from the 
rule due to OMB's approval of information collection activities 
included in 7 CFR 275.2(c)(1).
    This action also affirms the information contained in the interim 
final rule concerning Executive Orders 12866 and the Regulatory 
Flexibility Act, Executive Orders 13563, 13175, and 12988.

List of Subjects in 7 CFR Part 275

    Grant programs--social programs, Reporting and recordkeeping 
requirements.

    Accordingly, the interim rule amending 7 CFR part 275, published 
August 13, 2021, at 86 FR 44575, and corrected September 2, 2021, at 86 
FR 49229, is adopted as final with the following changes:

PART 275--PERFORMANCE REPORTING SYSTEM

0
1. The authority citation for part 275 continues to read as follows:

    Authority: 7 U.S.C. 2011-2036.


Sec.  275.2  [Amended]

0
2. Amend Sec.  275.2 by removing paragraph (c)(4).

Cynthia Long,
Administrator, Food and Nutrition Service.
[FR Doc. 2023-08122 Filed 4-17-23; 8:45 am]
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