[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Proposed Rules]
[Pages 79174-79175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22096]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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

[[Page 79174]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 272, 274, and 280

[FNS-2015-0021]
RIN 0584-AE00


Supplemental Nutrition Assistance Program (SNAP): Disaster 
Supplemental Nutrition Assistance Program (D-SNAP); Withdrawal

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

ACTION: Proposed rule; withdrawal.

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SUMMARY:  This document informs the public that the Food and Nutrition 
Service (FNS) of the U.S. Department of Agriculture (USDA) is 
withdrawing the proposed rule titled Supplemental Nutrition Assistance 
Program (SNAP): Disaster Supplemental Nutrition Assistance Program (D-
SNAP) that published in the Federal Register on May 10, 2016. This rule 
would have amended the SNAP regulations to establish procedures for 
planning, requesting and operating D-SNAP. The Department is 
withdrawing this proposed rule to maintain the flexibility to adapt D-
SNAP to unique disaster situations. The importance of this flexibility 
became apparent as the Department adjusted traditional D-SNAP 
operations to accommodate the changing circumstances during the public 
health emergency. The proposed rule would have prevented the Department 
from enacting many of the successful responses utilized during the 
public health emergency to best serve households and State agencies in 
the aftermath of a disaster. After enacting these critical adaptations 
to D-SNAP design during the public health emergency, receiving feedback 
from D-SNAP listening sessions, and reviewing the comments received on 
the proposed rule, the Department is withdrawing the proposed rule to 
reduce the burden on State agencies and households responding to 
disasters.

DATES: As of September 27, 2024, the proposed rule published on May 10, 
2016, at 81 FR 28738-28758, is officially withdrawn.

ADDRESSES: SNAP Program Development Division, Food and Nutrition 
Service, USDA, 1320 Braddock Place, Alexandria, VA 22314.

FOR FURTHER INFORMATION CONTACT: John Noble, Branch Chief, 
Modernization and Integration Branch, Program Development Division, 
Supplemental Nutrition Assistance Program, Food and Nutrition Service, 
1320 Braddock Place, Alexandria, VA 22314, 703-305-2022.

SUPPLEMENTARY INFORMATION: The decision to withdraw the proposed rule 
and maintain the current D-SNAP regulations is allowable due to the 
authority granted by Sec.  412 of the Stafford Act and Sec.  5(h)(1) 
the Food and Nutrition Act (FNA) of 2008. The Stafford Act authorizes 
the Secretary of Agriculture to approve D-SNAP operations when affected 
areas receive a Presidential Major Disaster Declaration for Individual 
Assistance (IA) and commercial channels of food distribution are 
available. The FNA permits the Secretary to establish temporary 
emergency standards for program eligibility during a disaster without 
regard to section 4(c) of the FNA or the procedures set forth in the 
Administrative Procedure Act (Sec. 553 of title 5 of the U.S. Code). 
This means that if an unusual disaster situation warranted unique 
eligibility standards, the Department may establish separate 
eligibility standards for that disaster.
    This action withdraws a proposed rule published in the Federal 
Register on May 10, 2016, (81 FR 28738) which proposed to revise the 
SNAP regulations to establish specific procedures for planning, 
requesting and operating D-SNAP. The rule also proposed to specify 
State responsibilities in planning, reporting, and monitoring D-SNAP.

Comments on Proposed Rule

    During the proposed rule's 60-day comment period ending March 7, 
2016, FNS received 19 comments. The comments were submitted by various 
entities, including advocate organizations; individuals that identified 
as SNAP participants; individuals that did not identify with a State 
agency or organization; and State/local government agencies. The 
comments were generally supportive of the proposed rule and current 
guidance.\1\
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    \1\ https://www.fns.usda.gov/sites/default/files/resource-files/D-SNAP_handbook.pdf.
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    Despite the support for the proposed rule, there have been 
significant changes to the program design resulting from the COVID-19 
public health emergency. The public health emergency, which began on 
January 31, 2020, and ended on May 11, 2023, highlighted the need for 
regulatory flexibility to adapt to new programmatic challenges.
    Historically, State agencies operate D-SNAPs via an in-person 
application and interview process. During the public health emergency, 
State agencies faced unprecedented challenges to protect the health and 
safety of households and staff while responding to more frequent 
natural disasters. The Department approved novel virtual D-SNAP 
components to ensure social distancing and leveraged regulatory 
flexibility to meet household needs. The regulatory flexibility allows 
the Department to tailor D-SNAP responses on a case-by-case basis to 
maintain program integrity and equitable access. Additionally, feedback 
solicited during D-SNAP listening sessions contributes to the decision 
to withdraw this rule.

Flexibility During Public Health Emergency

    The Department would not be responsive to household needs under the 
proposed rule. Household safety, supply chain issues, and other 
changing circumstances during the public health emergency demanded the 
Department adapt traditional D-SNAP operations. Under the proposed 
rule, FNS would have been restricted from enacting many of the 
successful responses utilized during the public health emergency to 
best serve households.
    Allowing virtual components in D-SNAP operations is a significant 
deviation from the design outlined in the proposed rule. The Department 
is also currently evaluating the use of virtual components in D-SNAP 
operations. Withdrawing this rule allows the Department to fully 
evaluate the responses implemented during the public health emergency 
and reconsider future disaster response needs and rulemaking.

[[Page 79175]]

February 2023 Listening Sessions

    The Department solicited feedback from external partners on the 
planning, requesting, and operating of D-SNAP in February 2023. Over 
three listening sessions, FNS explored ways to improve meeting the 
immediate needs of families following a disaster, with the aim to 
improve existing D-SNAP guidance. FNS held separate sessions for 
community partners, electronic benefit transfer (EBT) vendors, and 
State agencies administering SNAP. During these sessions, participants 
provided valuable insight into what is working well with D-SNAP and 
what could be improved moving forward. Overall, the feedback from 
participants in these listening sessions highlighted the benefits of 
maintaining flexibility in disaster response requirements.

Withdrawal

    After reviewing feedback received through listening sessions and 
comments on the proposed rule, and considering program flexibility 
during the public health emergency, the Department has determined that 
the proposed rule to revise the current disaster regulations should not 
be finalized. In withdrawing this proposed rule, the Department 
reaffirms its longstanding D-SNAP operation policies and practices, 
authorized by Sec.  412 of the Stafford Act and Sec.  5(h)(1) of the 
FNA. The Department acknowledges that the flexibility afforded by 
current practices and D-SNAP guidance are critical to reducing the 
burden on needy households and State agencies who are responding to the 
aftermath of a disaster.
    The Department agrees with the issues raised by many commenters and 
will use this feedback to inform any necessary updates to D-SNAP 
guidance. The Department no longer believes that finalizing this now 
outdated rule would allow for maximum flexibility in disaster response 
or sufficiently address the comments on the proposed rule. Accordingly, 
the proposed rule to revise D-SNAP regulations published in the Federal 
Register on May 10, 2016, (81 FR 28738) is hereby withdrawn.

Tameka Owens,
Acting Administrator and Assistant Administrator, Food and Nutrition 
Service.
[FR Doc. 2024-22096 Filed 9-26-24; 8:45 am]
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