Appendix L. Proposed Rule

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Proposed Rules

Federal Register
Vol. 81, No. 231
Thursday, December 1, 2016

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.

DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Parts 271, 272 and 273
[FNS 2015–0038]
RIN 0584–AE41

Supplemental Nutrition Assistance
Program: Student Eligibility, Convicted
Felons, Lottery and Gambling, and
State Verification Provisions of the
Agricultural Act of 2014
Food and Nutrition Service
(FNS), USDA.
ACTION: Proposed rule.
AGENCY:

The proposed action would
implement four sections of the
Agricultural Act of 2014, (2014 Farm
Bill), affecting eligibility, benefits, and
program administration requirements
for the Supplemental Nutrition
Assistance Program (SNAP). Section
4007 clarifies that participants in a
SNAP Employment & Training (E&T)
program are eligible for benefits if they
are enrolled or participate in specific
programs that will assist SNAP
recipients in obtaining the skills needed
for the current job market. Section 4008
prohibits anyone convicted of Federal
aggravated sexual abuse, murder, sexual
exploitation and abuse of children,
sexual assault, or similar State laws, and
who are also not in compliance with the
terms of their sentence or parole or are
a fleeing felon, from receiving SNAP
benefits. Section 4009 prohibits
households containing a member with
substantial lottery and gambling
winnings from receiving SNAP benefits,
until the household meets the allowable
financial resources and income
eligibility requirements of the program.
Section 4009 also provides that State
SNAP agencies are required, to the
maximum extent practicable, to
establish cooperative agreements with
gaming entities in the State to identify
SNAP recipients with substantial
winnings. Section 4015 requires all
State agencies to have a system in place

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SUMMARY:

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to verify income, eligibility and
immigration status.
DATES: Written comments must be
received on or before January 30, 2017
to be assured of consideration.
ADDRESSES: The Food and Nutrition
Service, USDA, invites interested
persons to submit written comments on
this proposed rule. Comments may be
submitted in writing by one of the
following methods:
• Preferred Method: Federal
eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: Submit comments by facsimile
transmission to: Sasha Gersten-Paal,
Certification Policy Branch, Fax number
703–305–2486.
• Mail: Send comments to Sasha
Gersten-Paal, Branch Chief, Certification
Policy Branch, Program Development
Division, FNS, 3101 Park Center Drive,
Alexandria, Virginia 22302, 703–305–
2507.
All written comments submitted in
response to this proposed rule will be
included in the record and made
available to the public. Please be
advised that the substance of comments
and the identity of individuals or
entities submitting the comments will
be subject to public disclosure. FNS will
make written comments publicly
available online at http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:

Sasha Gersten-Paal, Branch Chief,
Certification Policy Branch, Program
Development Division, Food and
Nutrition Service, 3101 Park Center
Drive, Alexandria, Virginia 22302, 703–
305–2507.
SUPPLEMENTARY INFORMATION:
Background
Section 4007: Student Eligibility
Disqualifications
Students enrolled at least half-time in
an institution of higher education are
ineligible to participate in SNAP under
section 6(e)(3)(B) of the Food and
Nutrition Act of 2008 (the Act), as
amended, and 7 CFR 273.5(a). There are
several exemptions to this prohibition,
one of which is for students assigned to
or placed in an institution of higher
education under a SNAP E&T program.
Section 4007 of the 2014 Farm Bill
(Public Law 113–79) amends Section
6(e)(3)(B) of the Act by providing

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additional detail as to what SNAP E&Tassigned education programs and/or
courses satisfy the exemption for higher
education under a SNAP E&T program.
In particular, section 4007 provides that
the exemption is limited to those who
are enrolled in a course or program of
study that is part of a program of career
and technical education (as defined in
Section 3 of the Carl D. Perkins Career
and Technical Education Act of 2006)
(the Perkins Act) that may be completed
in not more than 4 years at an
institution of higher education (as
defined in section 102 of the Higher
Education Act of 1965), or enrolled in
courses for remedial education, basic
adult education, literacy, or English as
a second language.
Currently, individuals enrolled at
least half-time in an institution of higher
education are not eligible for SNAP
benefits unless the individual meets at
least one of the exemption criteria under
7 CFR 273.5(b), including section
273.5(b)(11)(ii), which exempts
individuals assigned to an E&T program
under section 273.7. The E&T exception
to the student rule, as described at
section 273.7(e)(1)(vi), includes
educational programs or activities to
improve basic skills or otherwise
improve employability including
educational programs determined by the
State agency to expand the job search
abilities or employability of those
subject to the program. The State must
establish a link between the education
and job-readiness.
The Department of Agriculture (the
Department) is proposing to revise
section 273.5(b)(11)(ii) to incorporate
section 4007’s modifications to the
eligibility requirements for students
who are participating in an E&T
education component. The additional
language would essentially track the
language in Section 4007. Criteria
contained at section 273.7(e)(1)(vi) are
also proposed to be revised to include
courses or programs of study that are
part of a program of career and technical
education (as defined in section 3 of the
Perkins Act). Other criteria contained at
section 273.7(e)(1)(vi) would remain
unchanged. For example, individuals
participating in remedial courses, basic
adult education, literacy instruction or
English as a second language would also
continue to qualify for the student
exemption. The purpose of this
exemption is to connect participants to

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programs that lead to employment and
economic self-sufficiency. The
Department strives to ensure that SNAP
E&T programs are aligned with effective
practices in workforce development. As
such, for the purpose of this exemption,
courses or programs of study that are
part of a program of career and technical
education may be offered concurrently
or contextually with remedial courses,
basic adult education, literacy
instruction or English as a second
language.
Section 3 of the Perkins Act provides
a general definition of the term ‘‘career
and technical education.’’ The
Department understands that States
have some discretion to determine what
courses meet that general definition.
That is, while all States have adopted
the basic definition, they also have
State-specific criteria as well. For
example, States may choose to include
more rigorous requirements or specific
courses, among other individuallytailored standards. The Department also
notes that the program does not have to
be receiving Perkins funding, it would
just need to meet the general definition.
For these reasons, the Department
believes that State agencies are in the
best position to determine what courses
or programs of study are parts of a
program that meets the definition of
career and technical education under
the Perkins Act for SNAP as well. The
Department is interested in receiving
comments on following this approach.
Section 4007 provides that the course
or program of study may be completed
in not more than four years. The
Department notes that many students
pursuing four-year degrees are unable to
finish in that time. Therefore, the
Department is proposing that students
participating in qualifying courses or
programs of study that are designed to
be completed in up to four years, but
actually take longer than four years to
complete, satisfy the new requirement.
Thirty-four States offered education
components through their E&T
programs in FY 2015. These States
would need to evaluate whether those
components meet the student eligibility
criteria proposed in this rule. However,
the Department believes that the cost
implications of this proposed rule for
those States are minimal and the
provisions do not materially alter the
rights and obligations of SNAP
recipients because there would continue
to be work requirement exemptions for
students enrolled more than half-time in
an institution of higher education under
section 273.7(b)(viii).

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Section 4008: Eligibility
Disqualifications for Certain Convicted
Felons
Section 4008 of the 2014 Farm Bill
added new section 6(r)(1) to the Act to
prohibit anyone convicted of certain
sexual crimes, child abuse, and murder
who are also not in compliance with the
terms of their sentence, or who are
fleeing felons or parole or probation
violators as described in section 6(k) of
the Act, from receiving SNAP benefits.
The listed offenses in section 4008
include the following: (i) Aggravated
sexual abuse under section 2241 of Title
18, United States Code, (ii) murder
under section 1111 of Title 18, United
States Code, (iii) sexual exploitation and
other abuse of children under chapter
110 of Title 18, United States Code, (iv)
a Federal or State offense involving
sexual assault, as defined in section
40002(a) of the Violence Against
Women Act of 1994 (42 U.S.C.
13925(a)), or (v) an offense under State
law determined by the United States
Attorney General to be substantially
similar to the offenses in (i) through (iii)
above.
Section 4008 also imposes a new
requirement that individuals applying
for SNAP benefits must attest whether
the applicant, or any other member of
the household, was convicted of any of
the listed Federal offenses or
substantially similar State offenses. The
provisions in section 4008 do not apply
to convictions for conduct occurring on
or before the date of enactment of the
2014 Farm Bill, February 7, 2014.
Section 4008 also provides that
although those disqualified from
receiving SNAP benefits under this
provision are not SNAP-eligible
members of the household, their income
and resources are to be considered in
determining the eligibility and value of
the benefits for the rest of the
household.
Disqualification
The Department is proposing to revise
the regulations at section 273.11 by
adding a new subsection (section
273.11(s)) to include the language
contained in section 4008. The
regulatory provision would essentially
track the language in the statute, and
would specify that the provision would
not apply to convictions for conduct
occurring on or before February 7, 2014.
Fleeing felons and probation or parole
violators covered in section 273.11(n)
are also cited in proposed section
273.11(s) as ineligible for SNAP
benefits.
The Department notes that before
passage of the 2014 Farm Bill, section

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6(k) of the Act, (reflected at section
273.11(n)), already prohibited certain
fleeing felons and probation and parole
violators from receiving SNAP benefits.
The Department published a proposed
rule, Clarification of Eligibility of
Fleeing Felons (76 FR 51907), on August
19, 2011, and the final rule (80 FR
54410) on September 10, 2015, to
implement section 4112 of the Food,
Conservation, and Energy Act of 2008,
Public Law 110–246, which required the
Secretary of Agriculture to define the
terms ‘‘fleeing’’ and ‘‘actively seeking.’’
Section 4008 does not affect the
existing prohibition that precludes
fleeing felons and probation or parole
violators from obtaining SNAP benefits
under section 6(k) of the Act. The
proposed § 273.11(s) would extend
SNAP ineligibility to those individuals
with convictions for Federal or State
offenses as described in section 4008
who are also out of compliance with the
terms of their sentence. The intent of the
proposed subsection(s) is not to exclude
individuals who have been convicted of
such a crime but who have complied
with the terms of their sentence,
probation or parole.
This regulatory provision would
apply to adults and to minors convicted
as adults. It would not apply to minors
who are under 18 unless they are
convicted as adults. The Department
understands that under Federal Law,
juvenile offenses are penalized through
‘‘juvenile delinquencies’’ or ‘‘juvenile
adjudications’’ rather than convictions
and sentences, and that States have
similar distinctions. Therefore, the
Department believes that Congress did
not intend to include such individuals
in the prohibition.
Relatedly, section 273.2(j)(2)(vii) lists
households that must never be
considered categorically eligible for
SNAP benefits. Section
273.2(j)(2)(vii)(D) already prohibits a
household from being categorically
eligible if any member of the household
is ineligible under § 273.11(m) by virtue
of a conviction for a drug-related felony.
In this rule, the Department proposes to
revise section 273.2(j)(2)(vii)(D) to add
convicted felons under section 273.11(s)
and fleeing felons and probation or
parole violators under section 273.11(n)
to this subsection. This prohibition from
categorical eligibility would apply to
households containing individuals
disqualified as a result of having certain
convictions and not being in
compliance with the sentence as
provided in proposed section 273.11(s).
It also would apply to households
containing a fleeing felon or individual
violating parole or probation, a
prohibition which was inadvertently not

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captured in the Department’s September
10, 2015 rule, Clarification of Eligibility
of Fleeing Felons (80 FR 54410).
State agencies are reminded that
Privacy Act restrictions and
confidentiality provisions found at
section 11(e)(8) of the Act remain intact
for individuals who would be covered
by this proposed rule. A request for
information about a SNAP recipient or
applicant by law enforcement officials
must be made during the proper
exercise of an official duty. Information
about potential convicted felons covered
by section 4008 of the 2014 Farm Bill
whether it is alleged that they have been
convicted for Federal or State crimes
listed in section 4008 and are violating
their sentences, or who are fleeing
felons or parole or probation violators,
must not be released to other persons
such as bounty hunters, who are not
official law enforcement representatives
of a Federal or State entity.
State agencies would be required to
establish clear and consistent standards
for determining whether an individual
is not in compliance with the terms of
his or her sentence. Those standards
must not be arbitrary or capricious.
Standards for determining whether
someone is a fleeing felon or probation
or parole violator are addressed in the
final rule titled Clarification of
Eligibility of Fleeing Felons (80 FR
54410) published on September 10,
2015.
Section 4008 gives the United States
Attorney General the authority to
determine what statutory crimes and
sentences convictions are substantially
similar under State law. The U.S.
Department of Justice (DOJ) may
establish guidelines for determining
which State offenses are substantially
similar to the Federal offenses listed in
section 4008. More information on the
matter is forthcoming, through either
regulations or guidance from DOJ.
Attestation
Section 4008 also requires every
person applying for SNAP benefits to
attest whether the individual, or any
member of the household of the
individual, has been convicted for a
crime covered by this section. The
Department proposes to add the
attestation requirement to the
regulations at new paragraph section
273.2(o). In addition to the language
contained in section 4008 regarding
attestation, the Department also
proposes to incorporate other specific
standards and procedures for the
attestation into the regulation. Although
State agencies do have some discretion
with the attestation requirement, basic
standards will help ensure consistency

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across State agencies. Those standards
are proposed as follows below.
Specifically, the individual applying
for benefits would be responsible for
attesting whether he or she, or any other
household member, has been convicted
as an adult of the crimes in section
4008. As part of that attestation, the
Department would also require that the
household attest as to whether any
convicted member is complying with
the terms of the sentence. The
Department does not believe it is
feasible for each individual member of
the household to attest. If the SNAP
household uses an authorized
representative, the authorized
representative would complete the
attestation. State agencies would be
required to update their application
process to include the attestation
requirement. It may be done in writing,
verbally, or both, provided that the
attestation is legally binding in the
State. States could accomplish this by,
for example, adding the attestation to
the application for benefits, or by
updating their interview process to
include the attestation. The Department
expects that the attestation would take
place during the interview process, and
anticipates that most attestations will be
in writing. If an applicant is not present
in person to hand in an application
along with the attestation, the
Department prefers that the State agency
accept a written as opposed to verbal
attestation and not require individuals
to come into the office solely for the
purpose of completing an attestation. To
do otherwise could place an undue
burden on the household and have a
negative effect on program access. The
attestation would be documented in the
case file. Whatever procedure a State
chooses to implement would need to be
reasonable and consistent for all
households applying for SNAP benefits,
and would need to be part of
certification and recertification
procedures. The Department believes
this discretion provides State agencies
the flexibility to determine a standard
that best suits their needs and
administrative structures, while still
supporting uniformity and legal
enforceability.
The State agency would be required to
verify any attestation that no member of
the household has been convicted as an
adult of the crimes in this section if its
veracity is questionable. The State
agency would have the discretion to
determine what makes an attestation
questionable. In the event an attestation
is questionable, the State agency would
have to evaluate each case separately,
using a reasonable standard established
by the State to ensure consistency for all

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cases, and document the case file
accordingly. At a minimum, the
Department expects that State agencies
would verify each element of the
attestation—that the individual has been
convicted of a crime listed in section
4008, and that the individual is not in
compliance with the terms of their
sentence.
The Department is also proposing that
the State agency must verify when the
household attests that there is a
disqualified felon not in compliance
with the sentence to avoid any
unnecessary confusion on the part of the
household. That is, if a SNAP applicant
attests to being a convicted felon not in
compliance with the sentence, or attests
that another member of the household is
a convicted felon not in compliance
with the sentence, the State agency
would be responsible for verifying the
disqualified felon status of the
individual. The Department believes the
State agency is in a better position than
applicants to understand the specific
requirements of the attestation and to
obtain appropriate verification. Also, an
applicant who attests for other members
of the household may not have all of the
information or a clear understanding of
the situation involving that household
member, and the State agency would be
able to more reliably confirm felon
status and whether the individual is
complying with the sentence. The State
agency would need to establish a
reasonable standard to ensure
consistency for all cases, and document
the case file accordingly, in order to
properly conduct this verification. The
Department proposes to codify this
requirement at section 273.2(f)(5)(i). The
Department reminds State agencies that
under section 273.2(f)(3) they have the
option to implement mandatory
verification where appropriate.
Section 4009: Lottery and Gambling
Winners
Section 4009 of the Farm Bill directs
the Department to institute new
regulations regarding the receipt of
substantial lottery or gambling winnings
among SNAP households. It provides
that any household that receives
substantial lottery or gambling
winnings, as determined by the
Secretary, must lose eligibility for
benefits immediately upon receipt of
winnings. It also requires that those
households remain ineligible until they
again meet the allowable financial
resources and income eligibility
requirements of the Act. Section 4009
also requires the Secretary to set
standards for each State agency to
establish agreements, to the maximum
extent practicable, with entities

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responsible for the regulation or
sponsorship of gaming in the State to
identify SNAP individuals with
substantial winnings.
Disqualification for Substantial Lottery
or Gambling Winnings
Section 4009 requires that households
that have received substantial lottery or
gambling winnings shall immediately
lose eligibility for SNAP benefits, and
gives the Secretary authority to define
what amount constitutes substantial
winnings. In order to implement section
4009, the Department is proposing a
new 7 CFR 273.11(r) to codify the
disqualification and definition.
Substantial lottery or gambling
winnings would be defined as a cash
prize won in a single game equal to or
greater than $25,000 before taxes or
other amounts are withheld. If multiple
individuals shared in the purchase of a
ticket, hand, or similar bet, then only
the portion of the winnings allocated to
the member of the SNAP household
would be counted toward the eligibility
determination. Non-cash prizes are not
included in the definition of substantial
winnings.
FNS based its definition of substantial
winnings on the amount that would
cause a significant lifestyle change for a
majority of SNAP households. Small
amounts of winnings that would be
quickly spent by a household for
common expenses like paying down
debt, making car repairs, saving for an
apartment security deposit, or buying
long put-off necessities would not meet
the definition of substantial. One way to
understand substantial winnings that
would result in a significant lifestyle
change is an amount that would push a
household’s income above the SNAP
gross income limits for a household of
three considered annually for a given
fiscal year. Gross income limits for a
household of three would be used to set
the threshold because the average SNAP
household size is between two and
three.
In fiscal year 2017, the gross monthly
income limit for a household of three is
$2,184. This value multiplied by 12 and
rounded to the nearest five thousand
equals $25,000. FNS proposes rounding
to the nearest $5000 to allow for ease in
administration and communication with
gaming entities and SNAP recipients.
Every new fiscal year the threshold
would be re-calculated using the new
value for the gross monthly income
limit for a household of three for that
fiscal year rounded to the nearest five
thousand dollars. FNS would provide
the adjusted threshold amount to State
agencies along with the SNAP income
and resource limits each year. FNS asks

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for comments on this proposed
definition of substantial winnings.
All households certified to receive
SNAP benefits would be subject to this
rule. If a member of a SNAP household
wins a substantial amount, the entire
SNAP household would lose eligibility
for the program. Section 4009 requires
that households disqualified by this
provision shall remain ineligible for
SNAP until that household meets the
allowable financial resources and
income eligibility requirements under
subsections (c), (d), (e), (f), (g), (i), (k),
(l), (m) and (n) of section 5 of the Act.
Cooperative Agreements
The Department proposes to add a
new section 272.17 to codify the
requirement in section 4009 by setting
standards for States’ establishment of
cooperative agreements with entities
responsible for the regulation or
sponsorship of gaming in the State, in
order to identify individuals with
substantial winnings, as defined by this
rule, within their State. Gaming entities
would be those entities responsible for
the regulation or sponsorship of gaming
in the State. Examples include, but are
not limited to, State lotteries, casinos,
race tracks that permit wagering, offtrack betting facilities, State gambling
oversight boards, and other entities that
regulate gambling in public or private
organizations in the State or on Tribal
lands. Gaming entities that do not payout cash winnings equal to or greater
than the substantial amount defined
above would not be subject to this rule.
State agencies will not be required to
establish cooperative agreements with
gaming entities within their State if all
gaming activities are deemed illegal by
State and Federal law. However, if a
State agency becomes aware of a
member of a SNAP household receiving
benefits within their State who wins
substantial lottery or gambling
winnings, as defined by this rule, either
within or outside their State, then the
State agency would be required to
enforce this rule for that individual and
the individual’s household even if
gambling is illegal in the State where
the household is receiving benefits.
Gaming entities that enter into
cooperative agreements with State
agencies to identify SNAP recipients
with substantial winnings would be
responsible for meeting the terms of
these agreements. The cooperative
agreements would solely allow for the
gaming entities to transmit information
to State agencies; State agencies would
be prohibited from sharing any
information about SNAP households
with gaming entities. Gaming entities
would not be authorized to use data

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matches to receive or view information
on SNAP households. In addition,
section 4009 does not require gaming
entities to withhold winnings of a
substantial amount, as defined by this
rule, from a winner. The Department
anticipates gaming entities would only
share information with the State agency
on individuals who win an amount
equal to or greater than a substantial
amount, as defined by this rule. The
State agency would only use the
information obtained through the data
matches with gaming entities to identify
individuals with substantial winnings,
as defined by this rule.
The Department anticipates that a
cooperative agreement established
between the State agency and a gaming
entity would specify that the gaming
entity, either directly or through a third
party, will share information about
individuals with substantial winnings,
as defined by this rule, over an agreed
upon time period with the State agency.
As contained in proposed section
273.17(b), at a minimum these
agreements would need to specify the
type of information to be shared by the
gaming entity, the procedures used to
share information, the frequency of
sharing information, and the job titles of
individuals who would have access to
the data. Cooperative agreements should
also include safeguards limiting release
or disclosure of personally identifiable
information to parties outside those
included in the agreement.
Because the types of lottery and
gambling activities allowed within a
State, and the administration and
oversight of these games, vary from
State to State, State agencies would have
discretion in determining which types
of games and gaming entities will be
subject to this rule; however, the
Department expects State agencies to
include as many gaming entities in their
implementation of this rule as is
practicable. State agencies should make
a good faith effort to enter into
cooperative agreements with entities
within their State responsible for the
regulation or sponsorship of gaming. If
a State agency and a gaming entity
cannot come to an agreement after the
State agency makes a good faith effort,
then the State agency need not continue
to pursue an agreement with that
gaming entity at that time.
State agencies have some discretion to
determine how often matches are made
to identify winners. FNS expects State
agencies to perform matches as
frequently as is feasibly possible to
identify SNAP recipients with
substantial winnings, as defined in this
rule. However, at a minimum, matches
would be conducted when a recipient

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files a periodic report and at
recertification. The Department
proposes to codify this requirement at
new section 272.17(d). States would be
required to include in their State Plan
of Operations the names of gaming
entities with whom they have
cooperative agreements, the frequency
of data matches with these entities, and
if the State considers information from
the data matches verified upon receipt.
The Department proposes to codify this
requirement at new section 272.17(e).
Self-Reporting
SNAP recipients would be required to
self-report substantial winnings, as
defined in this rule, to the State agency
administering the household’s benefits
within 10 days of collecting the
winnings regardless of the State where
the winnings were won, in accordance
with the 10 day reporting timeframes
outlined in section 273.12(a)(2). SNAP
recipients would be required to report
substantial winnings, as defined in this
rule, from State lotteries and other
gaming entities both in the State where
they receive benefits and in other States,
as well as any substantial winnings from
multi-state lotteries. If a State agency
learns through self-reporting that a
SNAP recipient received substantial
winnings, as defined by this rule, the
State agency must act immediately by
closing the entire household’s case.
Before closing a household’s case, the
State agency may verify information
about self-reported substantial
winnings, as defined in this rule, if the
information is questionable. The
Department proposes to codify the
reporting requirements surrounding this
disqualification at new section
273.12(a)(1)(viii) and section
273.12(a)(5)(vi)(B)(5). The Department
also proposes to add to section
273.12(a)(5)(iii)(E) the requirement that
households report when a member of
the household wins substantial lottery
or gambling winnings in accordance
with new section 273.11(r).
State agencies must inform SNAP
households upon certification that,
should any member of the household
win substantial lottery or gambling
winnings, as defined in this rule, they
must contact the State agency within 10
days to reassess their eligibility for
SNAP. Section 4009 only applies to
eligibility determinations of enrolled
SNAP households, not households who
are applying to receive benefits. As a
result it would not be necessary to
include a question on the initial SNAP
application asking applicants if anyone
in the household has ever won
substantial winnings. However, it is at
the discretion of the State agency to

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determine whether to include a question
on the SNAP periodic report or
recertification forms asking if anyone in
the recipient household has won
substantial lottery or gambling
winnings, as defined by this rule, since
the time of the household’s most recent
certification. In making this decision
States should consider the potential
increase in response burden for SNAP
households relative to the number of
households likely to report substantial
winnings.
The Department notes that its rule,
Supplemental Nutrition Assistance
Program (SNAP): Eligibility,
Certification, and Employment and
Training Provisions of the Food,
Conservation and Energy Act of 2008, is
currently in the process to be published
as a final rule. That rule also references
sections of section 273.12. Assuming
that final rule is published by the time
this rule is in the final rule process, the
Department may be required to redesignate paragraph citations
accordingly.
Verification of Data Matches
Data received through cooperative
agreements with gaming entities may
come from a wide variety of gaming
entities (e.g. public or private entities;
local, statewide or national entities)
with varying degrees of reliability.
Although verification of information
about substantial winnings, as defined
in this rule, is required, the Department
will leave to State discretion whether
information received through data
matches will be considered verified
upon receipt, and if not, how the State
will verify that information. States
should establish and apply consistent
procedures for verifying substantial
lottery and gambling winnings in
accordance with sections
273.12(a)(5)(vi)(B) and§ 273.2(f). The
Department proposes to codify the
requirement that the State agency verify
information that a member of the
household has won substantial lottery
or gambling winnings in accordance
with new sections 272.17(c) and
273.12(a)(5)(vi)(B).
If a State agency identifies a SNAP
recipient who has received substantial
winnings, as defined by this rule, before
the recipient reports the collection of
winnings, the State would need to verify
that information, if it is not considered
verified upon receipt. Procedures
established in new section 272.17(c)
require that if a household is found to
have received, during their certification
period, substantial winnings, as defined
in this rule, prior to any action to
terminate the household’s benefits, the
State agency shall provide the

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household notice, in accordance with
the provisions on notices of adverse
action appearing in section 273.13. For
households that are found to have
received substantial winnings at the
time of their case’s recertification, the
State agency shall provide these
households with a notice of denial, in
accordance with section 273.10(g)(2).
The State agency shall also establish
claims as appropriate.
The Department recognizes that some
States will consider information
received through data matches verified
upon receipt, whereas other States will
need to pursue verification regardless of
how the State has chosen to act on
changes. Upon receipt of a positive data
match, all States would need to take
immediate action to either to pursue
verification, as needed, and close the
case, if appropriate, regardless of
whether the State has chosen to act on
all changes or to act only on certain
changes.
Eligibility for Previously Disqualified
SNAP Households
Section 4009 does not require SNAP
applicants to be screened for eligibility
based on past lottery or gambling
winnings. The only exception would be
applicant households containing a
member who was previously
disqualified for substantial winnings, as
defined by this rule, since section 4009
requires that such households remain
ineligible until they meet the income
and eligibility requirements in the Act
detailed in sections 273.8 and 273.9..
The eligibility determinations for these
households at the time of re-application
would need to be based on the
requirements in sections 273.8 and
273.9. To identify members of applicant
households previously disqualified for
substantial winnings, as defined in this
rule, SNAP eligibility workers could
conduct a search of past case records or
question the household during the
interview. The Department feels that
including a question on the SNAP
application about past disqualification
for substantial winnings, as defined in
this rule, will unnecessarily burden the
vast majority of SNAP applicants not
subject to this rule. Other methods, such
as those noted above, may be more
effective in obtaining the necessary
information without adding burden to
all SNAP applicants.
Section 4015: Mandating Certain
Verification Systems
Section 4015 of the 2014 Farm Bill
amends section 11(p) of the Act by
providing that a State agency must use
an immigration status verification
system established under section 1137

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of the Social Security Act (SSA) and an
income and eligibility verification
system. Before the 2014 Farm Bill, use
of these verification systems was
optional. In particular, section 11(p) of
the Act previously provided that State
agencies were not required to use an
income and eligibility or immigration
status verification system established
under section 1137 of the SSA.
Immigration Status Verification System
The Department proposes to amend
the regulations at 7 CFR 273.2(f)(1)(ii) to
largely reflect the statutory language in
section 4015 by requiring States to use
an immigration status verification
system established under section 1137
of the SSA (42 U.S.C. 1320b–7) when
verifying immigration status of SNAP
applicants.
Section 1137(d)(3) of the SSA (42
U.S.C. 1320b–7(d)(3)) requires
verification of immigration status
‘‘through an automated or other system’’
designated by the Immigration and
Naturalization Service (INS) for use by
the States. INS ceased to exist as a result
of the Homeland Security Act of 2002,
P.L. 107–296, on March 1, 2003, and its
functions were transferred from the
Department of Justice to the newlycreated Department of Homeland
Security (DHS). Three agencies were
established within DHS—including the
U.S. Citizenship and Immigration
Services (USCIS).
USCIS administers the Systematic
Alien Verification for Entitlements
(SAVE) Program to help Federal, State
and local agencies authorized to use the
service to verify the immigration status
of public benefits applicants. SAVE is
an inter-governmental web-based
service that provides timely
immigration status information, thereby
allowing those user agencies to ensure
that they are issuing public benefits
only to individuals entitled to receive
them.
USCIS has confirmed with the
Department that there are only two ways
a SNAP State agency can verify
immigration status with USCIS. Both
ways are through the SAVE system—
either through an electronic search or a
manual G–845 paper form search (there
is also a G–845 Supplement form if the
State agency would like to request more
detailed information on immigration
status, citizenship and sponsorship).
USCIS offers no other options for a
SNAP State agency to verify
immigration status, and either method
would satisfy the immigration
verification requirements of section
4015. Typically, the manual search is
available after an initial electronic
search if additional verification is

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needed. Whether using the electronic
search or manual G–845 forms search,
the State agency must sign a
memorandum of agreement with USCIS
to conduct the verification.
Current SNAP regulations at section
273.2(f)(1)(ii) require that States verify
the immigration status of non-citizens
who apply for SNAP, but do not
mandate the use of SAVE to do so. As
Section 4015 now mandates that all
States use an immigration status
verification system established under
Section 1137 of the SSA, in effect, it
now requires the use of SAVE to verify
immigration status. Therefore, the
Department is proposing to revise
references to SAVE throughout §§ 272
and 273 to reflect this new mandatory
requirement.
Since SAVE is administered by
another Federal agency that could
change the name or other details of the
service, the Department proposes to
revise section 273.2(f)(1)(ii) to reflect the
broader language of section 4015 in the
event USCIS makes any changes to that
system. Provisions regarding the
optional use of SAVE to verify the
validity of documents are available at
sections 272.11(a) and 273.2(f)(10) and
are proposed to be updated only to
reflect the new mandatory requirement
that the system be one established under
section 1137 of the SSA. Other
provisions contained at section 272.11
involve necessary logistical steps for the
use of SAVE, such as establishing
agreements with INS (now USCIS), and
administrative requirements such as use
of the data, and are unaffected by this
proposed rule. Similarly, other
requirements at section 273.2(f)(10),
regarding procedures in verifying the
validity of documents provided by alien
applicants, are unaffected by this
proposed rule.
All 53 State agencies (including the
District of Columbia, Guam and the
Virgin Islands) have indicated to FNS
that they currently use the SAVE
database, so the Department does not
believe the requirement will have a big
impact on most States. Because SAVE is
the system used by USCIS for
immigration status verification, State
SNAP agencies’ use of SAVE would
satisfy the immigration verification
requirement in section 4015. Ensuring
that all States use an immigration status
verification system established under
section 1137 of the SSA helps ensure
State agencies follow consistent
standards in verifying immigration
status. The Department may require the
State agency to provide written
confirmation from USCIS that the
system used by the State is an
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established under section 1137 of the
SSA.
Although section 4015 does not
specifically require State agencies to use
the electronic SAVE search, USCIS has
indicated its preference for the
electronic search over the paper-based
G–845 SAVE search. This is because the
electronic SAVE search is faster and
more efficient. The Department also
understands that an electronic SAVE
search is more cost effective per search
than the paper-based process. For these
reasons, the Department encourages
State agencies to use an electronic
before a manual SAVE search.
As a related matter, the Department is
taking this opportunity to propose an
update of the terminology used in the
current regulations for the Federal
agency that handles immigration status
issues. Current SNAP regulations refer
to the Department of Justice (DOJ)
Immigration and Naturalization Service
(INS) as the entity responsible for
fulfilling Federal immigration functions.
As previously noted, INS no longer
exists and USCIS now oversees lawful
immigration to the United States and
naturalization of new American
citizens, including the management of
SAVE. The Department proposes to
update references from INS to USCIS
throughout sections 271, 272 and 273
accordingly.
To further clarify existing
requirements, this proposed rule would
more explicitly include in the regulatory
text the requirement that State agencies
must verify the immigration status of all
non-citizens applying for SNAP
benefits. Although an applicant must
provide documentation of his or her
status when applying for benefits, such
as a green card, doing so does not negate
the State agency’s responsibility to
verify that status with DHS. This is
essential because SNAP eligibility
workers do not have the expertise to
confirm the validity of those documents.
Such confirmation must come from the
Federal agency charged with overseeing
immigration status issues—DHS’ USCIS.
This clarification is proposed at sections
273.2(f)(1)(ii) and (f)(10).
Finally, the Department reminds
commenters that section 5(i) of the Act
and section 273.4(c)(4) of the
regulations require that the income and
resources of sponsors be deemed to
sponsored non-citizens when they apply
for SNAP (with exceptions for particular
vulnerable populations as listed at
section 273.4(c)(3)). Sponsored noncitizens applying for SNAP are required
to provide information and
documentation about their sponsor’s
income and resources. The Department
understands that SAVE search results

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provide information on whether or not
a non-citizen has a sponsor. The
Department proposes to add section
273.2(f)(10)(vi) to allow State agencies
to use SAVE to confirm whether an
affidavit of support has been executed
in accordance with the deeming
requirements at section 273.4(c)(2)
Since the electronic or manual SAVE
searches provide information on
whether an individual has an executed
affidavit of support (USCIS Form I–864
or I–864A), and sponsor deeming is
required, State agencies may use that
information as a means to check
whether an applicant has a sponsor.
Income and Eligibility Verification
System (IEVS)
Section 4015 also requires States to
use an income and eligibility
verification system established under
Section 1137 of the SSA in accordance
with standards set by the Secretary.
Standards for IEVS already exist at
section 272.8(a)(1), section 273.2(b)(2)
and section 273.2(f)(9). Except for
updating these provisions to remove the
optional use of IEVS, the Department
proposes to maintain current
requirements without change. States
would need to maintain a system that
ensures compliance with the applicant
verification standards in section
273.2(f). Those standards contain
procedures on, for example, items
requiring mandatory verification and
verification when questionable,
describes sources of verification, among
other standards.
Procedural Matters

jstallworth on DSK7TPTVN1PROD with PROPOSALS

Executive Order 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility.
This proposed rule has been
determined to be not significant and
was not reviewed by the Office of
Management and Budget (OMB) in
conformance with Executive Order
12866.
Regulatory Impact Analysis
This rule has been designated as not
significant by the Office of Management

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and Budget, therefore, no Regulatory
Impact Analysis is required.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601–612) requires Agencies to
analyze the impact of rulemaking on
small entities and consider alternatives
that would minimize any significant
impacts on a substantial number of
small entities. Pursuant to that review,
it has been certified that this rule would
not have a significant impact on a
substantial number of small entities.
While there may be some burden/
impact on State agencies and small
entities involved in the gaming
industries, the impact is not significant
as the burden would be on State
agencies to ensure appropriate
cooperative agreements are entered into.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local
and Tribal governments and the private
sector. Under section 202 of the UMRA,
the Department generally must prepare
a written statement, including a cost
benefit analysis, for proposed and final
rules with ‘‘Federal mandates’’ that may
result in expenditures by State, local or
Tribal governments, in the aggregate, or
the private sector, of $146 million or
more (when adjusted for inflation; GDP
deflator source: Table 1.1.9 at http://
www.bea.gov/iTable) in any one year.
When such a statement is needed for a
rule, Section 205 of the UMRA generally
requires the Department to identify and
consider a reasonable number of
regulatory alternatives and adopt the
most cost effective or least burdensome
alternative that achieves the objectives
of the rule. This proposed rule does not
contain Federal mandates (under the
regulatory provisions of Title II of the
UMRA) for State, local and Tribal
governments or the private sector of
$146 million or more in any one year.
Thus, the rule is not subject to the
requirements of sections 202 and 205 of
the UMRA.
Executive Order 12372
SNAP is listed in the Catalog of
Federal Domestic Assistance Programs
under 10.551. For the reasons set forth
in the final rule in 7 CFR part 3015,
subpart V, and related Notice (48 FR
29115, June 24, 1983), this program is
included in the scope of Executive
Order 12372 which requires
intergovernmental consultation with
State and local officials.

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Federalism Summary Impact Statement
Executive Order 13132 requires
Federal agencies to consider the impact
of their regulatory actions on State and
local governments. Where such actions
have federalism implications, agencies
are directed to provide a statement for
inclusion in the preamble to the
regulations describing the agency’s
considerations in terms of the three
categories called for under Section
(6)(b)(2)(B) of Executive Order 13121.
The Department has considered the
impact of this rule on State and local
governments and has determined that
this rule does not have federalism
implications. Therefore, under section
6(b) of the Executive Order, a federalism
summary is not required.
Executive Order 12988, Civil Justice
Reform
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule is intended to
have preemptive effect with respect to
any State or local laws, regulations or
policies which conflict with its
provisions or which would otherwise
impede its full and timely
implementation. This rule is not
intended to have retroactive effect
unless so specified in the Effective Dates
section of the final rule. Prior to any
judicial challenge to the provisions of
the final rule, all applicable
administrative procedures must be
exhausted.
Civil Rights Impact Analysis
FNS has reviewed this proposed rule
in accordance with USDA Regulation
4300–4, ‘‘Civil Rights Impact Analysis,’’
to identify any major civil rights
impacts the rule might have on program
participants on the basis of age, race,
color, national origin, sex or disability.
After a careful review of the rule’s intent
and provisions, FNS has determined
that the changes to SNAP regulations in
this proposed rule are driven by
legislation and therefore required. The
Department specifically prohibits the
State and local government agencies
that administer the program from
engaging in discriminatory actions.
Discrimination in any aspect of program
administration is prohibited by SNAP
regulations, the Food and Nutrition Act
of 2008, the Age Discrimination Act of
1975, Section 504 of the Rehabilitation
Act of 1973, the Americans with
Disabilities Act of 1990 and Title VI of
the Civil Rights Act of 1964. Where
State agencies have options, and they
choose to implement a certain
provision, they must implement it in
such a way that it complies with these

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Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Proposed Rules
requirements and the regulations at 7
CFR 272.6.
Student Provision: This provision
implements the provision requiring that
the exception provided to participants
of a SNAP E&T program is limited to
those who are enrolled in a course or
program of study that is part of a
program of career and technical
education (as defined in Section 3 of the
Carl D. Perkins Career and Technical
Education Act of 2006) that may be
completed in not more than 4 years at
an institution of higher education (as
defined in section 102 of the Higher
Education Act of 1965), or enrolled in
courses for remedial education, basic
adult education, literacy, or English as
a second language.
Impact on Households: This
mandatory change will be applied
uniformly across households.
Classification in an E&T program is not
based on status in a protected class.
Impact on State Agencies: Thirty-four
States offer education components
through their E&T programs in FY 2015.
These States will need to evaluate
whether those components meet the
student eligibility criteria proposed in
this rule. Impacts are expected to be
minimal.
Felon Disqualification: This provision
disqualifies individuals who are
convicted of certain crimes who are also
not in compliance with the terms of
their sentence or fleeing felons from
receiving SNAP benefits, and requires
individuals convicted of those crimes to
attest to same.
Impact on Households: The
household will be responsible for
honestly representing whether any
household member has been convicted
of the stated crimes. This change is also
mandatory and will impact all houses
uniformly regardless of status in a
protected class. The Department does
not have any information that
individuals in a protected class are more
likely to violate the terms of their
sentence or probation or parole. The
Department therefore does not
anticipate a greater impact on any
protected class.
Impact on State agencies: State
agencies will be required to update their
application processes to obtain the
attestation and document same in the
case file. State agencies will also be
responsible for verifying that those
individuals are disqualified felons.
Lottery and Gambling Winnings
Disqualification: This provision
disqualifies individuals who receive
substantial lottery or gambling winnings
from receiving SNAP benefits.
Impact on Households: This provision
is intended to make households that

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receive a substantial amount of
gambling or lottery winnings ineligible
for SNAP. All SNAP households will be
subject to this provision equally,
whereby if a SNAP household receives
substantial winnings they will be made
ineligible for benefits until they again
meet normal program income and
resource requirements.
Impact on State agencies: State
agencies are required to implement a
data matching system with entities
within the state that are involved in
lotteries and gaming. As such, this rule
will have an impact on those entities
involved in cooperative agreements
with the State agencies.
Income and Eligibility and
Immigration Verification Systems: This
provision requires States to have an
income and eligibility and immigration
verification system.
Impact on Households: This provision
will not impact households directly.
The Department anticipates that the
only potential impact on households
will be a benefit in that non-citizens
applying for SNAP benefits will have
their immigration status verified
through more consistent methods across
States.
Impact on State agencies: States were
required to implement the immigration
verification system immediately upon
implementation of the 2014 Farm Bill.
The vast majority of States already had
a system in place that adheres to these
requirements. Many States already have
an income and eligibility verification in
place already as well. For those reasons,
the Department does not anticipate that
this provision will result in a significant
impact on State agencies.
Training and Outreach: SNAP is
administered by State agencies which
communicate program information and
program rules based on Federal law and
regulations to those within their
jurisdiction, including individuals from
protected classes that may be affected by
program changes. After the passage of
the 2014 Farm Bill, the Department
worked with State agencies to ensure
their understanding of the changes
required by these provisions. The
Department released an implementation
memorandum on these provisions on
March 21, 2014. The Department also
shared guidance through a Question &
Answer memorandum on June 10, 2014,
to address the State agencies’ questions
and concerns and ensure clarity on
requirements for implementing the
requirement.
The Department participated in a May
21, 2014, Tribal Consultation on the
lottery provision, during which the
Department received no significant
feedback or questions.

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The Department maintains a public
Web site that provides basic information
on each program, including SNAP.
Interested persons, including potential
applicants, applicants, and participants
can find information about these
changes as well as State agency contact
information, downloadable
applications, and links to State agency
Web sites and online applications.
Finding and Conclusion: After careful
review of the rule’s intent and
provisions, and the characteristics of
SNAP households and individual
participants, the Department has
determined that this proposed rule will
not have a disparate impact on any
group or class of persons.
Executive Order 13175
Executive Order 13175 requires
Federal agencies to consult and
coordinate with Tribes on a
government-to-government basis on
policies that have Tribal implications,
including regulations, legislative
comments or proposed legislation, and
other policy statements or actions that
have substantial direct effects on one or
more Indian Tribes, on the relationship
between the Federal Government and
Indian Tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian Tribes.
The Department participated in a Tribal
Consultation on the Lottery provisions
of this rule. Tribal organizations with
gaming facilities may be approached by
the State(s) in which they are located to
participate in the cooperative
agreements to identify individuals with
significant lottery or gambling winnings.
The Department also notes that the
regulatory changes proposed in this rule
regarding students enrolled more than
half-time and certain convicted felons
will not have a greater substantial direct
effect on tribal organizations than all
other applicants applying for SNAP. We
are unaware of any current Tribal laws
that could be in conflict with the final
rule.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. Chap. 35; 5 CFR 1320)
requires the Office of Management and
Budget (OMB) approve all collections of
information by a Federal agency before
they can be implemented. Respondents
are not required to respond to any
collection of information unless it
displays a current valid OMB control
number. This rule proposes information
collections that are subject to review
and approval by the Office of
Management and Budget; therefore, FNS
is submitting for public comment the
changes in the information collection

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burden that would result from adoption
of the proposals in the rule. In
accordance with the Paperwork
Reduction Act of 1995, this notice
invites the general public and other
public agencies to comment on this
proposed information collection.
This is a new collection for proposed
rule, Lottery and Gambling Winners in
the Supplemental Nutrition Assistance
Program, which would require States to
make ineligible SNAP participants with
substantial lottery or gambling winnings
and establish cooperative agreements
with gaming entities within their States
to identify SNAP participants with
substantial winnings. The provisions
regarding students, felon
disqualification and State eligibility
verification systems in this proposed
rule do not contain information
collection requirements subject to
approval by OMB under the Paperwork
Reduction Act of 1994.
State agencies will be required to
make minimal, one-time changes to
their application process in order to
comply with the provisions of the felon
disqualification attestation requirement.
Since State agencies are already
required to verify the immigration status
of non-citizens applying for the
program, the impact of this provision is
negligible. Other minimal burdens
imposed on State agencies by this
proposed rule are usual and customary
within the course of their normal
business activities. These changes are
contingent upon OMB approval under
the Paperwork Reduction Act of 1995.
When the information collection
requirements have been approved, FNS
will publish a separate action in the
Federal Register announcing OMB’s
approval.
Comments on this information
collection pursuant this proposed rule
must be received on or before January
30, 2017.
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions that were
used; (c) ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) ways to minimize
the burden of the collection of
information on those who are to
respond, including use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology.

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Comments may be sent to: Mary Rose
Conroy, Food and Nutrition Service,
U.S. Department of Agriculture, 3101
Park Center Drive, Room 810,
Alexandria, VA 22302. Comments may
also be submitted via fax to the attention
of Mary Rose Conroy at 703–305–2803
or via email to maryrose.conroy@
fns.usda.gov. Comments will also be
accepted through the Federal
eRulemaking Portal. Go to http://
www.regulations.gov, and follow the
online instructions for submitting
comments electronically. All responses
to this notice will be summarized and
included in the request for Office of
Management and Budget approval. All
comments will be a matter of public
record.
Title: Supplemental Nutrition
Assistance Program: Student Eligibility,
Convicted Felons, Lottery and
Gambling, and State Verification
Provisions of the Agricultural Act of
2014.
OMB Number: 0584–NEW.
Expiration Date: [Not Yet
Determined.]
Type of Request: New collection
Abstract: This proposed rule is
intended to implement several section
of the Agricultural Act of 2014
including section 4009 (Ending
Supplemental Nutrition Assistance
Program Benefits for Lottery or
Gambling Winners). This provision
makes households in which a members
receives substantial lottery and
gambling winnings (as determined by
the Secretary) ineligible for SNAP until
they meet allowable financial resources
and income eligibility requirements.
The provision also requires States to
establish cooperative agreements, to the
maximum extent practicable, with
entities responsible for gaming in their
State in order to identify individuals
with substantial winnings.
This rule does not require any
recordkeeping burden. Reporting detail
burden information is provided below.
Estimates of the Hour Burden of the
Reporting of Information
First Year Burden Hours
The affected public for this collection
is 53 State SNAP agencies, 53 State
public agency gaming entities, and 159
private business gaming entities. It is
estimated that each of the 53 State
SNAP agencies will establish
cooperative agreements once with one
State public agency gaming entity
within the State and 3 private business
gaming entities within the State for a
total of 212 annual responses which will
take approximately 320 hours per
response for a total of 67,840 annual

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burden hours. This one time activity
includes time for the State SNAP agency
to reach out to the State public agency
gaming entities and private business
gaming entities in the State, negotiate
terms for sharing identifying
information of winners, establish secure
connections for sharing information,
and to complete all necessary reviews of
agreements by legal counsel and State
leadership. Each of the 53 State public
agency gaming entities will also incur a
burden entering into cooperative
agreements with their State SNAP
agency, which will take approximately
320 hours per response for a total of
16,960 burden hours. This one time
activity includes time for the State
public agency gaming entity to negotiate
terms for sharing identifying
information of winners, establish secure
connections for sharing information,
and to complete all necessary reviews of
agreements by legal counsel and State
public agency gaming entity leadership.
It is estimated that each of 159 affected
private business gaming entities will
establish cooperative agreements once
with their respective State SNAP
agency, which will take approximately
320 hours per response for a total of
50,880 annual burden hours. Our
estimate assumes all 53 State SNAP
agencies receiving SNAP funding will
implement this rule despite large
variations in gaming activities from
State to State.
It is estimated that each of the 53
State SNAP agencies will create a data
matching system once to match
information on winners from State
public agency gaming entities and
private business gaming entities within
the State with SNAP participation lists,
which will take approximately 160
hours per response for a total of 8,480
annual burden hours. All State SNAP
agencies currently make use of other
computerized data matching systems
(e.g. SAVE for immigration verification),
so costs assume States will re-program
existing systems.
Ongoing Yearly Costs
Once the matching system is in place,
for every year thereafter, the State
public agency and private business
gaming entities will have to enter
information into the system for every
individual who wins over the threshold
for winnings. There is no national
database of how many people win large
amounts of money in State lotteries or
through other gaming activities. For this
estimate, it is assumed that each of the
53 State public agency gaming entities
would have 200 individuals who win
over the threshold in a given year for a
total of 10,600 annual responses. It will

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Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Proposed Rules
take approximately 0.08 hours for the
State public agency gaming entity to
identify the winner and enter the
appropriate information into the
matching system for a total of 848
annual burden hours per year. In
addition, it is estimated that each of the
159 private business gaming entities
will identify 100 individuals per year
who have won over the threshold for a
total of 15,900 annual responses. It will
take approximately 0.08 hours for the
private business gaming agency to
identify the winner and enter the
appropriate information into the
matching system for a total of 1,272
annual burden hours per year.
Once the matching system is in place,
for every year thereafter, the matches
between the winner list and SNAP
participation list should occur
automatically and with negligible cost.
For this estimate, it is assumed that each
of the 53 State SNAP agencies will
positively match with the one State

public agency and three private
business gaming entities in their
respective States an average of 35
records per year for a total annual
response of approximately 1,855 SNAP
participants nationally. Each of 53 State
SNAP agencies will have to identify
among the responses above those that
are misidentified as SNAP participants
because of a similar name, inaccurate
reporting etc. FNS anticipates that each
of the 53 State SNAP agencies will
receive approximately 5 total annual
records with misidentified participants
for a total annual response of 265
records. It will take approximately 0.667
hours to identify these types of
misidentifications for a total annual
burden of 176.76 burden hours.
Additionally, each of the 53 State SNAP
agencies will have to follow-up with
and disqualify SNAP participants
discovered through the above matches
to have actual substantial lottery or
gambling winnings. FNS anticipates
Estimated
number of
respondents

Reg. Section

Respondent type

Description of
activity

7 CFR 272.17 .......

State SNAP Agency Managers.

7 CFR 272.17 .......

State Public Agency Gaming Entity Managers.

7 CFR 272.17 .......

State SNAP Agency Managers.

272.17 and
273.11(r).

State SNAP Agency Eligibility
Worker.

7 CFR 272.17 and
7 CFR 273.11(r).

State SNAP Agency Eligibility
Worker.
State Public Agency Gaming Entity Staff Member.

Establish cooperative agreements
with State public
agency and private business
gaming entities.**
Establish cooperative agreements
with State SNAP
agency.**
Create a data
matching system with State
public agency
and private business gaming entities.**
Eligibility worker
follow-up—
misidentified
winners.
Eligibility worker
follow-up—true
winners.
Input data into
data matching
system for use
by State SNAP
agency.

7 CFR 272.17 .......

jstallworth on DSK7TPTVN1PROD with PROPOSALS

State Agency Subtotal Reporting
7 CFR 272.17 .......

Private Business
Gaming Entity
Managers.

7 CFR 272.17 .......

Private Business
Gaming Entity
Staff Member.

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13:51 Nov 30, 2016

Establish cooperative agreements
with State SNAP
agency.**
Input data into
data matching
system for use
by State SNAP
agency.

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Annual
Total annual
report or
record filed responses

86623

approximately 30 records annually per
State SNAP agency will be households
with actual substantial winnings and it
will take approximately 1 hour of the
State SNAP agency’s time for this
activity for a total of approximately
1590 annual burden hours.
Lottery or gambling winners who lose
eligibility for SNAP will need to be reevaluated according to normal program
rules if they again decide to apply for
SNAP benefits. In order to identify
applicants who were previously
disqualified due to substantial
winnings, eligibility workers may
conduct a routine search of past
enrollment files at the time of
application. In most cases, eligibility
workers are already doing this search to
identify other relevant information for
the current household application, and
as a result the cost is negligible.
There is no recordkeeping burden
required for this information collection
request.

Number of
burden
hours per
response

Estimated Hourly wage Estimate cost to
total burden
rate *
respondents
hours
($)
($)

53

4

212

320

67,840

$45.64

$3,096,217.60

53

1

53

320

16,960

45.64

774,054.40

53

1

53

160

8,480

45.64

387,027.20

53

5

265

0.667

176.76

20.41

3,607.57

53

30

1590

1

1590

20.41

32,451.90

53

200

10,600

0.08

848

18.46

15,654.08

53

241

12,773 ....................

95,894.76 ....................

4,309,012.60

159

1

159

320

50,880

71.79

3,652,675.20

159

100

15,900

0.08

1272

13.25

16,854

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Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Proposed Rules

Respondent type

Description of
activity

Estimated
number of
respondents

Business Subtotal Reporting

Annual
Total annual
report or
record filed responses

159

States and Business Reporting Grand Total Burden
Estimates

Number of
burden
hours per
response

Estimated Hourly wage Estimate cost to
total burden
rate *
respondents
hours
($)
($)

101

16,059 ....................

52,152 ....................

3,669,529.20

212 ....................

28,832 ....................

148,046.76 ....................

7,978,541.80

* Based on the Bureau of Labor Statistics May 2014 Occupational and Wage Statistics. The salaries of State SNAP agency managers and public gaming entity
managers are considered to be ‘‘General and Operations Managers, Local Government (11–1021).’’ The salaries of private gaming entity managers are considered to
be ‘‘General and Operations Managers, Management in Companies and Enterprises (11–1021).’’ The salaries of private gaming entity managers are considered to be
‘‘Gaming Managers (11–9071).’’ The salaries of the eligibility workers are considered to be ‘‘Eligibility Interviewers, Government Programs (43–4061).’’ The salaries of
public gaming entity staff member are considered to be ‘‘Information and Record Clerks, All Other (43–4199).’’ The salaries of private gaming entity staff member are
considered to be ‘‘Gaming Cage Workers (43–3041).’’ (http://www.bls.gov/oes/home.htm).
** These are only first year costs and are not expected to re-occur annually.

jstallworth on DSK7TPTVN1PROD with PROPOSALS

Description of Costs and Assumptions
The estimate of respondent cost is
based on the burden estimates and
utilizes the Department of Labor, Bureau
of Labor Statistic, May 2015 National
Occupational and Wage Statistics,
Occupational Groups (11–1021), (11–
9071), (43–4061), (43–4199), and (43–
3041).
The total annual cost to respondents
is $7,978,541.80. This includes
$3,669,529.20 for Business and
$4,309,012.60 for State Agencies. It is
estimated that State SNAP agency
mangers in the General and Operations
Managers for Local Government
occupation group (11–1021) in the 53
State SNAP agencies will spend a total
of 67,840 hours to establish cooperative
agreements with State public agency
and private business gaming entities at
a rate of $45.64 per hour for a total
estimated cost of $3,096,217.60 for all
respondents in the first year.
It is estimated that State public
agency gaming entity managers in the
General and Operations Managers for
Local Government occupation group
(11–1021) in the 53 State SNAP agencies
will spend a total of 16,960 hours to
establish cooperative agreements with
State SNAP agencies at a rate of $45.64
per hour for a total estimated cost of
$774,054.40 for all respondents in the
first year.
It is estimated that State SNAP agency
mangers in the General and Operations
Managers for Local Government
occupation group (11–1021) in the 53
State SNAP agencies will spend a total
of 8480 hours to establish data matching
systems with State public agency and
private business gaming entities at a rate
of $45.64 per hour for a total estimated
cost of $387,027.20 for all respondents
in the first year.
It is estimated that State SNAP agency
eligibility workers in the Eligibility,
Interviews, Government Programs
occupation group (43–4061) in the 53
State SNAP agencies will spend a total
of 176.76 hours to review matches for
misidentified winners at a rate of $20.41

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Jkt 241001

per hour for a total estimated cost of
$3,607.57 for all respondents annually.
It is estimated that State SNAP agency
eligibility workers in the Eligibility,
Interviews, Government Programs
occupation group (43–4061) in the 53
State SNAP agencies will spend a total
of 1590 hours to follow-up with and
disqualify correctly matched winners at
a rate of $20.41 per hour for a total
estimated cost of $32,451.90 for all
respondents annually.
It is estimated that State public
agency gaming entity staff in the
Information and Record Clerks, All
Other occupation group (43–4199) in
the 53 State public agency gaming
entities will spend a total of 848 hours
to enter appropriate information into the
data matching system with the State
SNAP agency at a rate of $18.46 per
hour for a total estimated cost of
$15,654.08 for all respondents annually.
It is estimated that private gaming
entity managers in the General and
Operations Managers, Management in
Companies and Enterprises occupation
group (11–1021) in the 159 private
business gaming entities will spend a
total of 50,880 hours to establish
cooperative agreements with State
SNAP agencies at a rate of $71.79 per
hour for a total estimated cost of
$3,652,675.20 for all respondents in the
first year.
It is estimated that private business
gaming entity staff in the Gaming Cage
Workers occupation group (43–3041) in
the 159 private business gaming entities
will spend a total of 1272 hours to enter
appropriate information into the data
matching system with the State SNAP
agency at a rate of $13.25 per hour for
a total estimated cost of $16,854 for all
respondents annually.
E-Government Act Compliance
The Department is committed to
complying with the E-Government Act
of 2002, to promote the use of the
Internet and other information
technologies to provide increased
opportunities for citizen access to

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Government information and services,
and for other purposes.
List of Subjects
7 CFR Part 271
Food stamps, Grant programs—social
programs, Reporting and recordkeeping
requirements.
7 CFR Part 272
Alaska, Civil rights, Supplemental
Nutrition Assistance Program, Grant
programs—social programs, Penalties,
Reporting and recordkeeping
requirements.
7 CFR Part 273
Administrative practice and
procedures, Aliens, Claims,
Supplemental Nutrition Assistance
Program, Fraud, Grant programs—social
programs, Penalties, Reporting and
recordkeeping requirements, Social
Security, Students.
For the reasons set forth in the
preamble, 7 CFR parts 271, 272 and 273
are proposed to be amended as follows:
■ 1. The authority citation for Parts 271,
272 and 273 continue to read as follows:
Authority: 7 U.S.C. 2011–2036.

PART 271—GENERAL INFORMATION
AND DEFINITIONS
2. In § 271.2:
a. In the definition for Alien Status
Verification Index (ASVI), remove the
words ‘‘Immigration and Naturalization
Service’’ and add in its place the words
‘‘United States Citizenship and
Immigration Services (USCIS)’’.
■ b. Remove the definition for
‘‘Immigration and Naturalization
Service (INS).’’
■ c. Add a definition for ‘‘United States
Citizenship and Immigration Services
(USCIS)’’.
The addition to read as follows:
■
■

§ 271.2

Definitions.

*

*
*
*
*
United States Citizenship and
Immigration Services (USCIS) means the
U.S. Citizenship and Immigration

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Services, U.S. Department of Homeland
Security.’’
*
*
*
*
*
PART 272—REQUIREMENTS FOR
PARTICIPATING STATE AGENCIES
3. In § 272.11 (b) and (d), remove the
word ‘‘INS’’ and add in its place the
word ‘‘USCIS’’.
■ 4. Revise the first sentence of
§ 272.8(a)(1), to read as follows:
■

§ 272.8 State income and eligibility
verification system.

(a) * * *
(1) State agencies shall maintain and
use an income and eligibility
verification system (IEVS), as specified
in this section. * * *
*
*
*
*
*
■ 5. Revise § 272.11(a) to read as
follows:
§ 272.11 Systematic Alien Verification for
Entitlements (SAVE) Program.

(a) General. A State agency shall use
an immigration status verification
system established under Section 1137
of the Social Security Act (42 U.S.C.
1320b–7) to verify the eligible status of
all aliens applying for SNAP benefits.
USCIS maintains the Systematic Alien
Verification for Entitlements (SAVE)
Program to conduct such verification.
*
*
*
*
*
■ 6. Add § 272.17, to read as follows:

jstallworth on DSK7TPTVN1PROD with PROPOSALS

§ 272.17 Data matching for substantial
lottery or gambling winnings.

(a) General. Each State agency, to the
maximum extent practicable, shall
establish cooperative agreements with
gaming entities within their State to
identify members of certified
households who have won substantial
lottery or gambling winnings as defined
in § 273.11(r).
(b) Cooperative Agreements. State
agencies, to the maximum extent
practicable, shall enter into cooperative
agreements with the gaming entities
responsible for the regulation or
sponsorship of gaming in the State.
Cooperative agreements should specify
the type of information to be shared by
the gaming entity, the procedures used
to share information, the frequency of
sharing information, and the job titles of
individuals who will have access to the
data. Cooperative agreements shall also
include safeguards limiting release or
disclosure of personally identifiable
information of SNAP recipients who are
the subject of data matches.
(c) Use of match data. States shall
provide a system for:
(1) Comparing information obtained
from gaming entities about individuals
with substantial winnings with

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Jkt 241001

databases of currently certified
households within the State;
(2) The reporting of instances where
there is a match;
(3) If match information is not
considered verified upon receipt, the
verification of matches to determine
their accuracy in accordance with
§ 273.2(f);
(4) If during a household’s
certification period, the household is
found to have received substantial
winnings, as defined in § 273.11(r),
prior to any action to terminate the
household’s benefits, the State agency
shall provide the household notice in
accordance with the provisions on
notices of adverse action appearing in
§ 273.13. For households that are found
to have received substantial winnings at
the time of the household’s
recertification, the State agency shall
notify such households, in accordance
with the provisions on notices of denial
appearing in § 273.10(g)(2); and
(5) The establishment and collection
of claims as appropriate.
(d) Frequency of data matches. The
State agency shall perform data matches
as frequently as is feasibly possible to
identify SNAP recipients with
substantial winnings, as defined in
§ 273.11(r); however, at a minimum the
State agency shall conduct data matches
when a household files a periodic report
and at the time of the household’s
recertification.
(e) State Plan of Operations. The State
agency shall include as an attachment to
the annual State Plan of Operations, as
required in accordance with § 272.2, the
names of gaming entities with which the
State agency has entered into
cooperative agreements, the frequency
of data matches with such entities, and
if information is considered verified
upon receipt.
PART 273—CERTIFICATION OF
ELIGIBLE HOUSEHOLDS
7. In Part 273, remove the word ‘‘INS’’
wherever it appears and add in its place
‘‘USCIS’’.
■ 8. In § 273.2:
■ a. Revise the first sentence of
paragraph (b)(2);
■ b. Revise the first sentence of
paragraph (f)(1)(ii)(A) and add new
second sentence;
■ c. Amend paragraph (f)(5)(i) by adding
a sentence at the end of paragraph;
■ d. Amend paragraph (f)(9) by revising
the paragraph heading and paragraphs
(i) and (ii);
■ e. Revise the paragraph heading and
introductory text of (f)(10);
■ f. Add paragraph (f)(10)(vi);
■ g. Revise § 273.2(j)(2)(vii)(D);
■

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86625

h. Add new paragraph (o).
The revisions and additions to read as
follows:

■

§ 273.2 Office operations and application
processing.

*

*
*
*
*
(b) * * *
(2) * * * In using IEVS in accordance
with paragraph (f)(9) of this section, it
must notify all applicants for food
stamp benefits at the time of application
and at each recertification through a
written statement on or provided with
the application form that information
available through IEVS will be
requested, used and may be verified
through collateral contact when
discrepancies are found by the State
agency, and that such information may
affect the household’s eligibility and
level of benefits. * * *
*
*
*
*
*
(f) * * *
(1) * * *
(ii) * * *
(A) The State agency shall verify the
eligible status of all aliens applying for
SNAP benefits by using an immigration
status verification system established
under Section 1137 of the Social
Security Act (42 U.S.C. 1320b–7). FNS
may require State agencies to provide
written confirmation from USCIS that
the system used by the State is an
immigration status verification system
established under Section 1137 of the
Social Security Act. * * *
*
*
*
*
*
(5) * * *
(i) * * * However, if a SNAP
applicant’s attestation regarding
disqualified felon status described in
§ 273.2(o) is questionable, the State
agency shall verify the attestation. The
State agency shall verify the felon status
when an applicant affirmatively attests
that he or she or a member of their
household is such a convicted felon and
is not in compliance with the sentence.
Each element of an affirmative
attestation—that the individual has been
convicted of a crime listed at
§ 273.11(s), and that the individual is
not in compliance with the terms of
their sentence—shall be verified. In
conducting verifications of both
questionable attestations and affirmative
attestations under this paragraph the
State agency shall establish reasonable,
consistent standards, evaluate each case
separately, and document the case file
accordingly.
*
*
*
*
*
(9) Mandatory use of IEVS. (i) The
State agency must obtain information
through IEVS in accordance with
procedures specified in § 272.8 of this

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chapter and use it to verify the
eligibility and benefit levels of
applicants and participating
households.
(ii) The State agency must access data
through the IEVS in accordance with the
disclosure safeguards and data exchange
agreements required by part 272.
*
*
*
*
*
(10) Use of SAVE. Households are
required to submit documentation for
each alien applying for SNAP benefits
in order for the State agency to verify
their immigration statuses. State
agencies shall verify the validity of such
documents through an immigration
status verification system established
under Section 1137 of the Social
Security Act (42 U.S.C. 1320b–7) in
accordance with § 272.11 of this
chapter. USCIS maintains the SAVE
system to conduct this verification.
When using SAVE to verify immigration
status, State agencies shall use the
following procedures:
*
*
*
*
*
(vi) State agencies may use
information contained in SAVE search
results to confirm whether a non-citizen
has a sponsor who has signed a legally
binding affidavit of support when
evaluating the non-citizen’s application
for SNAP benefits in accordance with
the deeming requirements described in
§ 273.4(c)(2).
*
*
*
*
*
(j) * * *
(2) * * *
(vii) * * *
(D) Any member of that household is
ineligible under § 273.11(m) by virtue of
a conviction for a drug-related felony,
under § 273.11(n) for being a fleeing
felon or a probation or parole violator,
or under § 273.11(s) for having a
conviction for certain crimes and not
being in compliance with the sentence.
*
*
*
*
*
(o) Each State agency shall require the
individual applying for SNAP benefits
to attest to whether the individual or
any other member of the household has
been convicted of a crime as an adult as
described in § 273.11(s) and whether
any convicted member is complying
with the terms of the sentence.
(1) The State agency shall update its
application process, including
certification and recertification
procedures, to include the attestation
requirement. It may be done in writing,
verbally, or both, provided that the
attestation is legally binding in the law
of the State. Whatever procedure a State
chooses to implement must be
reasonable and consistent for all
households applying for SNAP benefits.

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(2) The State agency shall document
this attestation in the case file.
(3) The State agency shall establish
standards for determining what makes
an attestation under this subsection
questionable and for verifying a
questionable attestation as described in
§ 273.2(f)(2).
■ 9. Revise § 273.5(b)(11)(ii), to read as
follows:
§ 273.5

*
*
*
*
(b) * * *
(11) * * *
(ii) An employment and training
program under § 273.7, subject to the
condition that the course or program of
study, as determined by the State
agency:
(A) is part of a program of career and
technical education (as defined in
section 3 of the Carl D. Perkins Career
and Technical Education Act of 2006
(20 U.S.C. 2302) designed to be
completed in not more than 4 years at
an institution of higher education (as
defined in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 2296);
or
(B) is limited to remedial courses,
basic adult education, literacy, or
English as a second language.
*
*
*
*
*
■ 10. Revise § 273.7(e)(1)(vi) to read as
follows:
Work provisions.

*

*
*
*
*
(e) * * *
(1) * * *
(vi) Educational programs or activities
to improve basic skills or otherwise
improve employability including
educational programs or activities
determined by the State agency to
expand the job search abilities or
employability of those subject to the
program.
(A) Allowable educational programs
or activities may include, but are not
limited to, courses or programs of study
that are part of a program of career and
technical education (as defined in
section 3 of the Carl D. Perkins Act of
2006), high school or equivalent
educational programs, remedial
education programs to achieve a basic
literacy level, and instructional
programs in English as a second
language.
(B) Only educational programs or
activities that enhance the
employability of the participants are
allowable. A link between the education
and job-readiness must be established
for a component to be approved.
*
*
*
*
*
■ 11. In § 273.11:

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Fmt 4702

§ 273.11 Action on households with
special circumstances.

*

Students.

*

§ 273.7

a. Amend paragraph (c)(1)
introductory text by revising the
sentence after the paragraph heading;
and
■ b. Add paragraphs (r) and (s).
The revisions and additions to read as
follows:
■

Sfmt 4702

*
*
*
*
(c) * * *
(1) * * * The eligibility and benefit
level of any remaining household
members of a household containing
individuals determined ineligible
because of a disqualification for an
intentional Program violation, a felony
drug conviction, their fleeing felon
status, noncompliance with a work
requirement of § 273.7, imposition of a
sanction while they were participating
in a household disqualified because of
failure to comply with workfare
requirements, or certain convicted
felons as provided at § 273.11(s) shall be
determined as follows:
*
*
*
*
*
(r) Disqualification for Substantial
Lottery or Gambling Winnings. Any
household certified to receive benefits
shall lose eligibility for benefits
immediately upon receipt by any
individual in the household of
substantial lottery or gambling
winnings, as defined in paragraph (r)(2)
of this section. The household shall
report the receipt of substantial
winnings to the State agency in
accordance with the reporting
requirements contained in
§ 273.12(a)(5)(iii)(E)(3) and within the
time-frame described in § 273.12(a)(2).
The State agency shall also take action
to disqualify any household identified
as including a member with substantial
winnings in accordance with § 272.17.
(1) Regaining Eligibility. Such
households shall remain ineligible until
they meet the allowable resources and
income eligibility requirements
described in §§ 273.8 and 273.9,
respectively.
(2) Substantial Winnings.— (i) In
General. Substantial lottery or gambling
winnings are defined as a cash prize
equal to or greater than $25,000 won in
a single game before taxes or other
withholdings. If multiple individuals
shared in the purchase of a ticket, hand,
or similar bet, then only the portion of
the winnings allocated to the member of
the SNAP household would be counted
in the eligibility determination.
(ii) Adjustment. The value of
substantial winnings shall be adjusted
annually, as needed, by multiplying the
gross monthly income limit for a

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Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Proposed Rules
household of three by 12 months and
rounding the value to the nearest $5000.
(s) Disqualification for certain
convicted felons. An individual shall
not be eligible for SNAP benefits if:
(1) The individual is convicted as an
adult of:
(i) Aggravated sexual abuse under
Section 2241 of Title 18, United States
Code;
(ii) Murder under Section 1111 of
Title 18, United States Code;
(iii) An offense under Chapter 110 of
Title 18, United States Code;
(iv) A Federal or State offense
involving sexual assault, as defined in
40002(a) of the Violence Against
Women Act of 1994 (42 U.S.C.
13925(a)); or
(v) An offense under State law
determined by the Attorney General to
be substantially similar to an offense
described in clause (i), (ii), or (iii) and
(2) The individual is not in
compliance with the terms of the
sentence of the individual or the
restrictions under § 273.11(n).
(3) The disqualification contained in
this subsection shall not apply to a
conviction if the conviction is for
conduct occurring on or before February
7, 2014.
■ 12. In § 273.12:
■ a. Add paragraph (a)(1)(viii)
■ b. Revise paragraph (a)(4)(iv)
■ c. Revise paragraph (a)(5)(iii)(E); and
■ d. Revise paragraph (a)(5)(vi)(B).
The revisions to read as follows:

jstallworth on DSK7TPTVN1PROD with PROPOSALS

§ 273.12 Requirements for Change
Reporting Households.

13:51 Nov 30, 2016

Jkt 241001

Federal Aviation Administration

supply units (EPSUs) in production and
in service. This proposed AD would
require an inspection to determine the
part number and serial number of each
EPSU, and replacement if necessary. We
are proposing this AD to address the
unsafe condition on these products.
DATES: We must receive comments on
this proposed AD by January 17, 2017.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For ATR service information
identified in this NPRM, contact ATR—
GIE Avions de Transport Re´gional, 1,
Alle´e Pierre Nadot, 31712 Blagnac
Cedex, France; telephone +33 (0) 5 62
21 62 21; fax +33 (0) 5 62 21 67 18;
email [email protected];
Internet http://www.aerochain.com.
For COBHAM service information
identified in this NPRM, contact
COBHAM 174–178 Quai de Jemmapes,
75010, Paris, France; telephone +33 (0)
1 53 38 98 98; fax +33 (0) 1 42 00 67
83.
You may view this referenced service
information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue
SW., Renton, WA. For information on
the availability of this material at the
FAA, call 425–227–1221.

14 CFR Part 39

Examining the AD Docket

Dated: November 17, 2016.
Audrey Rowe,
Administrator, Food and Nutrition Service.
[FR Doc. 2016–28520 Filed 11–30–16; 8:45 am]

(a) * * *
(1) * * *
(viii) whenever a member of the
household wins substantial lottery or
gambling winnings in accord with
§ 273.11(r).
(4) * * *
(iv) Content of the quarterly report
form. The State agency may include all
of the items subject to reporting under
paragraph (a)(1) of this section in the
quarterly report, except changes
reportable under paragraphs (a)(1)(vii)
of this section, or may limit the report
to specific items while requiring that
households report other items through
the use of the change report form.
(5) * * *
(iii) * * *
(E) The periodic report form shall be
the sole reporting requirement for any
information that is required to be
reported on the form, except that a
household required to report less
frequently than quarterly shall report:
(1) when the household monthly gross
income exceeds the monthly gross
income limit for its household size in

VerDate Sep<11>2014

accordance with paragraph (a)(5)(v) of
this section;
(2) whenever able-bodied adults
subject to the time limit of § 273.24 have
their work hours fall below 20 hours per
week, averaged monthly, and;
(3) whenever a member of the
household wins substantial lottery or
gambling winnings in accord with
§ 273.11(r).
*
*
*
*
*
(vi) * * *
(B) * * *
(1) The household has voluntarily
requested that its case be closed in
accordance with § 273.13(b)(12);
(2) The State agency has information
about the household’s circumstances
considered verified upon receipt;
(3) A household member has been
identified as a fleeing felon or probation
or parole violator in accord with
§ 273.11(n);
(4) There has been a change in the
household’s PA grant, or GA grant in
project areas where GA and food stamp
cases are jointly processed in accord
with § 273.2(j)(2); or
(5) The State agency has verified
information (including information
considered verified upon receipt) that a
member of a SNAP household has won
substantial lottery or gambling winnings
in accordance with § 273.11(r).
*
*
*
*
*

86627

BILLING CODE 3410–30–P

DEPARTMENT OF TRANSPORTATION

[Docket No. FAA–2016–9430; Directorate
Identifier 2016–NM–051–AD]
RIN 2120–AA64

Airworthiness Directives; ATR–GIE
Avions de Transport Re´gional
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:

We propose to adopt a new
airworthiness directive (AD) for certain
ATR–GIE Avions de Transport Re´gional
Model ATR42–500 and Model ATR72–
102, –202, –212, and –212A airplanes.
This proposed AD was prompted by
reports of failure of emergency power

SUMMARY:

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Sfmt 4702

You may examine the AD docket on
the Internet at http://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
9430; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Operations
office (telephone 800–647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT:
Shahram Daneshmandi, Aerospace
Engineer, International Branch, ANM–
116, Transport Airplane Directorate,

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01DEP1