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.

Proposed Rules Federal Register

79174 

Vol. 89, No. 188 

Friday, September 27, 2024 

1https://www.fns.usda.gov/sites/default/files/ 

resource-files/D-SNAP_handbook.pdf. 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Parts 272, 274, and 280 

[FNS–2015–0021] 

RIN 0584–AE00 

Supplemental Nutrition Assistance 

Program (SNAP): Disaster 

Supplemental Nutrition Assistance 

Program (D–SNAP); Withdrawal 

AGENCY: Food and Nutrition Service 

(FNS), USDA. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: This document informs the 

public that the Food and Nutrition 

Service (FNS) of the U.S. Department of 

Agriculture (USDA) is withdrawing the 

proposed rule titled Supplemental 

Nutrition Assistance Program (SNAP): 

Disaster Supplemental Nutrition 

Assistance Program (D–SNAP) that 

published in the Federal Register on 

May 10, 2016. This rule would have 

amended the SNAP regulations to 

establish procedures for planning, 

requesting and operating D–SNAP. The 

Department is withdrawing this 

proposed rule to maintain the flexibility 

to adapt D–SNAP to unique disaster 

situations. The importance of this 

flexibility became apparent as the 

Department adjusted traditional D– 

SNAP operations to accommodate the 

changing circumstances during the 

public health emergency. The proposed 

rule would have prevented the 

Department from enacting many of the 

successful responses utilized during the 

public health emergency to best serve 

households and State agencies in the 

aftermath of a disaster. After enacting 

these critical adaptations to D–SNAP 

design during the public health 

emergency, receiving feedback from D– 

SNAP listening sessions, and reviewing 

the comments received on the proposed 

rule, the Department is withdrawing the 

proposed rule to reduce the burden on 

State agencies and households 

responding to disasters. 

DATES: As of September 27, 2024, the 

proposed rule published on May 10, 

2016, at 81 FR 28738–28758, is officially 

withdrawn. 

ADDRESSES: SNAP Program 

Development Division, Food and 

Nutrition Service, USDA, 1320 

Braddock Place, Alexandria, VA 22314. 

FOR FURTHER INFORMATION CONTACT: John 

Noble, Branch Chief, Modernization and 

Integration Branch, Program 

Development Division, Supplemental 

Nutrition Assistance Program, Food and 

Nutrition Service, 1320 Braddock Place, 

Alexandria, VA 22314, 703–305–2022. 

SUPPLEMENTARY INFORMATION: The 

decision to withdraw the proposed rule 

and maintain the current D–SNAP 

regulations is allowable due to the 

authority granted by § 412 of the 

Stafford Act and § 5(h)(1) the Food and 

Nutrition Act (FNA) of 2008. The 

Stafford Act authorizes the Secretary of 

Agriculture to approve D–SNAP 

operations when affected areas receive a 

Presidential Major Disaster Declaration 

for Individual Assistance (IA) and 

commercial channels of food 

distribution are available. The FNA 

permits the Secretary to establish 

temporary emergency standards for 

program eligibility during a disaster 

without regard to section 4(c) of the 

FNA or the procedures set forth in the 

Administrative Procedure Act (Sec. 553 

of title 5 of the U.S. Code). This means 

that if an unusual disaster situation 

warranted unique eligibility standards, 

the Department may establish separate 

eligibility standards for that disaster. 

This action withdraws a proposed 

rule published in the Federal Register 

on May 10, 2016, (81 FR 28738) which 

proposed to revise the SNAP regulations 

to establish specific procedures for 

planning, requesting and operating D– 

SNAP. The rule also proposed to specify 

State responsibilities in planning, 

reporting, and monitoring D–SNAP. 

Comments on Proposed Rule 

During the proposed rule’s 60-day 

comment period ending March 7, 2016, 

FNS received 19 comments. The 

comments were submitted by various 

entities, including advocate 

organizations; individuals that 

identified as SNAP participants; 

individuals that did not identify with a 

State agency or organization; and State/ 

local government agencies. The 

comments were generally supportive of 

the proposed rule and current 

guidance.1

Despite the support for the proposed 

rule, there have been significant changes 

to the program design resulting from the 

COVID–19 public health emergency. 

The public health emergency, which 

began on January 31, 2020, and ended 

on May 11, 2023, highlighted the need 

for regulatory flexibility to adapt to new 

programmatic challenges. 

Historically, State agencies operate D– 

SNAPs via an in-person application and 

interview process. During the public 

health emergency, State agencies faced 

unprecedented challenges to protect the 

health and safety of households and 

staff while responding to more frequent 

natural disasters. The Department 

approved novel virtual D–SNAP 

components to ensure social distancing 

and leveraged regulatory flexibility to 

meet household needs. The regulatory 

flexibility allows the Department to 

tailor D–SNAP responses on a case-bycase basis to maintain program integrity 

and equitable access. Additionally, 

feedback solicited during D–SNAP 

listening sessions contributes to the 

decision to withdraw this rule. 

Flexibility During Public Health 

Emergency 

The Department would not be 

responsive to household needs under 

the proposed rule. Household safety, 

supply chain issues, and other changing 

circumstances during the public health 

emergency demanded the Department 

adapt traditional D–SNAP operations. 

Under the proposed rule, FNS would 

have been restricted from enacting many 

of the successful responses utilized 

during the public health emergency to 

best serve households. 

Allowing virtual components in D– 

SNAP operations is a significant 

deviation from the design outlined in 

the proposed rule. The Department is 

also currently evaluating the use of 

virtual components in D–SNAP 

operations. Withdrawing this rule 

allows the Department to fully evaluate 

the responses implemented during the 

public health emergency and reconsider 

future disaster response needs and 

rulemaking. 


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Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Proposed Rules 79175 

February 2023 Listening Sessions 

The Department solicited feedback 

from external partners on the planning, 

requesting, and operating of D–SNAP in 

February 2023. Over three listening 

sessions, FNS explored ways to improve 

meeting the immediate needs of families 

following a disaster, with the aim to 

improve existing D–SNAP guidance. 

FNS held separate sessions for 

community partners, electronic benefit 

transfer (EBT) vendors, and State 

agencies administering SNAP. During 

these sessions, participants provided 

valuable insight into what is working 

well with D–SNAP and what could be 

improved moving forward. Overall, the 

feedback from participants in these 

listening sessions highlighted the 

benefits of maintaining flexibility in 

disaster response requirements. 

Withdrawal 

After reviewing feedback received 

through listening sessions and 

comments on the proposed rule, and 

considering program flexibility during 

the public health emergency, the 

Department has determined that the 

proposed rule to revise the current 

disaster regulations should not be 

finalized. In withdrawing this proposed 

rule, the Department reaffirms its 

longstanding D–SNAP operation 

policies and practices, authorized by 

§ 412 of the Stafford Act and § 5(h)(1) of 

the FNA. The Department acknowledges 

that the flexibility afforded by current 

practices and D–SNAP guidance are 

critical to reducing the burden on needy 

households and State agencies who are 

responding to the aftermath of a 

disaster. 

The Department agrees with the 

issues raised by many commenters and 

will use this feedback to inform any 

necessary updates to D–SNAP guidance. 

The Department no longer believes that 

finalizing this now outdated rule would 

allow for maximum flexibility in 

disaster response or sufficiently address 

the comments on the proposed rule. 

Accordingly, the proposed rule to revise 

D–SNAP regulations published in the 

Federal Register on May 10, 2016, (81 

FR 28738) is hereby withdrawn. 

Tameka Owens, 

Acting Administrator and Assistant 

Administrator, Food and Nutrition Service. 

[FR Doc. 2024–22096 Filed 9–26–24; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 945 

[Doc. No. AMS–SC–24–0042] 

Irish Potatoes Grown in Certain 

Designated Counties in Idaho, and 

Malheur County, Oregon; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

implement a recommendation from the 

Idaho-Eastern Oregon Potato Committee 

(Committee) to increase the assessment 

rate established for the 2024–2025 fiscal 

period and subsequent fiscal periods 

from $0.002 to $0.003 per 

hundredweight of potatoes handled 

under the marketing order. The 

proposed assessment rate would remain 

in effect indefinitely unless modified, 

suspended, or terminated. 

DATES: Comments must be received by 

October 28, 2024. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposed rule. 

Comments can be sent to the Docket 

Clerk, Market Development Division, 

Specialty Crops Program, AMS, USDA, 

1400 Independence Avenue SW, STOP 

0237, Washington, DC 20250–0237. 

Comments can also be submitted to the 

Docket Clerk electronically by Email: 

MarketingOrderComment@usda.gov or 

via the internet at: https://

www.regulations.gov. Comments should 

reference the document number and the 

date and page number of this issue of 

the Federal Register. Comments 

submitted in response to this proposed 

rule will be included in the record and 

made available to the public and can be 

viewed at: https://www.regulations.gov. 

Please be advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Gregory A. Breasher, Marketing 

Specialist, or Barry M. Broadbent, Chief, 

Northwest Region Branch, Market 

Development Division, Specialty Crops 

Program, AMS, USDA; Telephone: (503) 

326–2282, or Email: gregory.breasher@

usda.gov or barry.broadbent@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Richard Lower, 

Market Development Division, Specialty 

Crops Program, AMS, USDA, 1400 

Independence Avenue SW, STOP 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–8085, or Email: 

Richard.Lower@usda.gov. 

SUPPLEMENTARY INFORMATION: This 

action, pursuant to 5 U.S.C. 553, 

proposes to amend regulations issued to 

carry out a marketing order as defined 

in 7 CFR 900.2(j). This proposed rule is 

issued under Marketing Agreement No. 

98 and Marketing Order No. 945, both 

as amended (7 CFR part 945), regulating 

the handling of potatoes grown in 

certain counties in Idaho, and Malheur 

County, Oregon. Part 945 (referred to as 

the ‘‘Order’’) is effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’ The 

Committee locally administers the 

Order and comprises producers and 

handlers of potatoes operating within 

the area of production. 

The Agricultural Marketing Service 

(AMS) is issuing this proposed rule in 

conformance with Executive Orders 

12866, 13563, and 14094. 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, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

14094 reaffirms, supplements, and 

updates Executive Order 12866 and 

further directs agencies to solicit and 

consider input from a wide range of 

affected and interested parties through a 

variety of means. This proposed action 

falls within a category of regulatory 

actions that the Office of Management 

and Budget (OMB) exempted from 

Executive Order 12866 review. 

This proposed rule has been reviewed 

under Executive Order 13175— 

Consultation and Coordination with 

Indian Tribal Governments, which 

requires Federal agencies to consider 

whether their rulemaking actions would 

have Tribal implications. AMS has 

determined that this proposed rule is 

unlikely to 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. 

This proposed rule has been reviewed 

under Executive Order 12988—Civil 

Justice Reform. Under the Order now in 

effect, Idaho-Eastern Oregon potato 


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