Proposed Rule2024-22096
Supplemental Nutrition Assistance Program (SNAP): Disaster Supplemental Nutrition Assistance Program (D-SNAP); Withdrawal
Primary source
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Published
September 27, 2024
Issuing agencies
Agriculture DepartmentFood and Nutrition Service
Abstract
This document informs the public that the Food and Nutrition Service (FNS) of the U.S. Department of Agriculture (USDA) is withdrawing the proposed rule titled Supplemental Nutrition Assistance Program (SNAP): Disaster Supplemental Nutrition Assistance Program (D- SNAP) that published in the Federal Register on May 10, 2016. This rule would have amended the SNAP regulations to establish procedures for planning, requesting and operating D-SNAP. The Department is withdrawing this proposed rule to maintain the flexibility to adapt D- SNAP to unique disaster situations. The importance of this flexibility became apparent as the Department adjusted traditional D-SNAP operations to accommodate the changing circumstances during the public health emergency. The proposed rule would have prevented the Department from enacting many of the successful responses utilized during the public health emergency to best serve households and State agencies in the aftermath of a disaster. After enacting these critical adaptations to D-SNAP design during the public health emergency, receiving feedback from D-SNAP listening sessions, and reviewing the comments received on the proposed rule, the Department is withdrawing the proposed rule to reduce the burden on State agencies and households responding to disasters.
Full Text
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<title>Federal Register, Volume 89 Issue 188 (Friday, September 27, 2024)</title>
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[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Proposed Rules]
[Pages 79174-79175]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22096]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 /
Proposed Rules
[[Page 79174]]
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Parts 272, 274, and 280
[FNS-2015-0021]
RIN 0584-AE00
Supplemental Nutrition Assistance Program (SNAP): Disaster
Supplemental Nutrition Assistance Program (D-SNAP); Withdrawal
AGENCY: Food and Nutrition Service (FNS), USDA.
ACTION: Proposed rule; withdrawal.
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SUMMARY: This document informs the public that the Food and Nutrition
Service (FNS) of the U.S. Department of Agriculture (USDA) is
withdrawing the proposed rule titled Supplemental Nutrition Assistance
Program (SNAP): Disaster Supplemental Nutrition Assistance Program (D-
SNAP) that published in the Federal Register on May 10, 2016. This rule
would have amended the SNAP regulations to establish procedures for
planning, requesting and operating D-SNAP. The Department is
withdrawing this proposed rule to maintain the flexibility to adapt D-
SNAP to unique disaster situations. The importance of this flexibility
became apparent as the Department adjusted traditional D-SNAP
operations to accommodate the changing circumstances during the public
health emergency. The proposed rule would have prevented the Department
from enacting many of the successful responses utilized during the
public health emergency to best serve households and State agencies in
the aftermath of a disaster. After enacting these critical adaptations
to D-SNAP design during the public health emergency, receiving feedback
from D-SNAP listening sessions, and reviewing the comments received on
the proposed rule, the Department is withdrawing the proposed rule to
reduce the burden on State agencies and households responding to
disasters.
DATES: As of September 27, 2024, the proposed rule published on May 10,
2016, at 81 FR 28738-28758, is officially withdrawn.
ADDRESSES: SNAP Program Development Division, Food and Nutrition
Service, USDA, 1320 Braddock Place, Alexandria, VA 22314.
FOR FURTHER INFORMATION CONTACT: John Noble, Branch Chief,
Modernization and Integration Branch, Program Development Division,
Supplemental Nutrition Assistance Program, Food and Nutrition Service,
1320 Braddock Place, Alexandria, VA 22314, 703-305-2022.
SUPPLEMENTARY INFORMATION: The decision to withdraw the proposed rule
and maintain the current D-SNAP regulations is allowable due to the
authority granted by Sec. 412 of the Stafford Act and Sec. 5(h)(1)
the Food and Nutrition Act (FNA) of 2008. The Stafford Act authorizes
the Secretary of Agriculture to approve D-SNAP operations when affected
areas receive a Presidential Major Disaster Declaration for Individual
Assistance (IA) and commercial channels of food distribution are
available. The FNA permits the Secretary to establish temporary
emergency standards for program eligibility during a disaster without
regard to section 4(c) of the FNA or the procedures set forth in the
Administrative Procedure Act (Sec. 553 of title 5 of the U.S. Code).
This means that if an unusual disaster situation warranted unique
eligibility standards, the Department may establish separate
eligibility standards for that disaster.
This action withdraws a proposed rule published in the Federal
Register on May 10, 2016, (81 FR 28738) which proposed to revise the
SNAP regulations to establish specific procedures for planning,
requesting and operating D-SNAP. The rule also proposed to specify
State responsibilities in planning, reporting, and monitoring D-SNAP.
Comments on Proposed Rule
During the proposed rule's 60-day comment period ending March 7,
2016, FNS received 19 comments. The comments were submitted by various
entities, including advocate organizations; individuals that identified
as SNAP participants; individuals that did not identify with a State
agency or organization; and State/local government agencies. The
comments were generally supportive of the proposed rule and current
guidance.\1\
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\1\ <a href="https://www.fns.usda.gov/sites/default/files/resource-files/D-SNAP_handbook.pdf">https://www.fns.usda.gov/sites/default/files/resource-files/D-SNAP_handbook.pdf</a>.
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Despite the support for the proposed rule, there have been
significant changes to the program design resulting from the COVID-19
public health emergency. The public health emergency, which began on
January 31, 2020, and ended on May 11, 2023, highlighted the need for
regulatory flexibility to adapt to new programmatic challenges.
Historically, State agencies operate D-SNAPs via an in-person
application and interview process. During the public health emergency,
State agencies faced unprecedented challenges to protect the health and
safety of households and staff while responding to more frequent
natural disasters. The Department approved novel virtual D-SNAP
components to ensure social distancing and leveraged regulatory
flexibility to meet household needs. The regulatory flexibility allows
the Department to tailor D-SNAP responses on a case-by-case basis to
maintain program integrity and equitable access. Additionally, feedback
solicited during D-SNAP listening sessions contributes to the decision
to withdraw this rule.
Flexibility During Public Health Emergency
The Department would not be responsive to household needs under the
proposed rule. Household safety, supply chain issues, and other
changing circumstances during the public health emergency demanded the
Department adapt traditional D-SNAP operations. Under the proposed
rule, FNS would have been restricted from enacting many of the
successful responses utilized during the public health emergency to
best serve households.
Allowing virtual components in D-SNAP operations is a significant
deviation from the design outlined in the proposed rule. The Department
is also currently evaluating the use of virtual components in D-SNAP
operations. Withdrawing this rule allows the Department to fully
evaluate the responses implemented during the public health emergency
and reconsider future disaster response needs and rulemaking.
[[Page 79175]]
February 2023 Listening Sessions
The Department solicited feedback from external partners on the
planning, requesting, and operating of D-SNAP in February 2023. Over
three listening sessions, FNS explored ways to improve meeting the
immediate needs of families following a disaster, with the aim to
improve existing D-SNAP guidance. FNS held separate sessions for
community partners, electronic benefit transfer (EBT) vendors, and
State agencies administering SNAP. During these sessions, participants
provided valuable insight into what is working well with D-SNAP and
what could be improved moving forward. Overall, the feedback from
participants in these listening sessions highlighted the benefits of
maintaining flexibility in disaster response requirements.
Withdrawal
After reviewing feedback received through listening sessions and
comments on the proposed rule, and considering program flexibility
during the public health emergency, the Department has determined that
the proposed rule to revise the current disaster regulations should not
be finalized. In withdrawing this proposed rule, the Department
reaffirms its longstanding D-SNAP operation policies and practices,
authorized by Sec. 412 of the Stafford Act and Sec. 5(h)(1) of the
FNA. The Department acknowledges that the flexibility afforded by
current practices and D-SNAP guidance are critical to reducing the
burden on needy households and State agencies who are responding to the
aftermath of a disaster.
The Department agrees with the issues raised by many commenters and
will use this feedback to inform any necessary updates to D-SNAP
guidance. The Department no longer believes that finalizing this now
outdated rule would allow for maximum flexibility in disaster response
or sufficiently address the comments on the proposed rule. Accordingly,
the proposed rule to revise D-SNAP regulations published in the Federal
Register on May 10, 2016, (81 FR 28738) is hereby withdrawn.
Tameka Owens,
Acting Administrator and Assistant Administrator, Food and Nutrition
Service.
[FR Doc. 2024-22096 Filed 9-26-24; 8:45 am]
BILLING CODE 3410-30-P
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