Rule2021-16123
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
Primary source
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Published
July 29, 2021
Effective
July 29, 2021
Issuing agencies
Agriculture DepartmentFood and Nutrition Service
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 143 (Thursday, July 29, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16123]
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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. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> and follow the instructions
for submitting comments electronically. Comments may be submitted via
email to <a href="/cdn-cgi/l/email-protection#86d5eee7e8f2e7a8d5f1e3fcffc6f3f5e2e7a8e1e9f0"><span class="__cf_email__" data-cfemail="a5f6cdc4cbd1c48bf6d2c0dfdce5d0d6c1c48bc2cad3">[email protected]</span></a>. 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, <a href="/cdn-cgi/l/email-protection#63300b020d17024d301406191a23161007024d040c15"><span class="__cf_email__" data-cfemail="4f1c272e213b2e611c382a35360f3a3c2b2e61282039">[email protected]</span></a>.
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
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