Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices 18579

and the January-June average from 1976

through 1986 (a 1.53 percent increase

over January-June costs in Alaska and

1.82 percent increase in Hawaii).

For the period January through June

1996, the average cost of the TFP was

$491.50 in Alaska, and $625.20 in

Hawaii. The proxy in Alaska for actual

June 1996 TFP costs was $499.02. This

proxy is multiplied by three separate

adjustment factors to create three TFPs

for Urban Alaska, Rural I Alaska, and

Rural II Alaska. The proxy in Hawaii

was $636.57. The June 1996 cost of the

TFP was $590.40 in Guam and $515.00

in the Virgin Islands.

The TFP is also the basis for

establishing food stamp allotments.

‘‘Allotment’’ is defined in Section 3(a)

of the Act as ‘‘the total value of coupons

a household is authorized to receive

during each month.’’ Food stamp

allotments are adjusted periodically to

reflect the changes in food cost levels

indicated in the changing amounts of

the TFP. Prior to the amendment of

Section (3)(o) of the Act by Section 804

of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996,

Pub. Law 104–193, on August 22, 1996,

allotment amounts were established on

each October 1 at 103 percent of the cost

of the TFP in the previous June.

Amended Section 3(o)(4) of the Act now

provides that the TFP will be adjusted

each October 1 to reflect the exact cost,

or 100 percent, of the TFP for the

previous June. This provision was

implemented by the Department as a

requirement of the Food Stamp Program

on October 1, 1996, without prior notice

and comment due to the binding, nondiscretionary nature of the statutory

provision. In accordance with 5 U.S.C.

553(b)(3)(B), the Department has

determined that good cause existed to

justify such implementation. In a

subsequent rulemaking, the Department

will issue a corresponding regulatory

change to 7 CFR 273.10(e)(4)(ii).

The maximum food stamp allotment

is paid to households that have no net

income. For households with some type

of income, their allotments are

determined by reducing the maximum

allotment for their household size by 30

percent of the household’s net income

in accordance with Section 8(a) of the

Act, 7 U.S.C. 2017(a). To obtain the

maximum food stamp allotment for each

household size, the TFP costs are

divided by four, multiplied by the

appropriate household size and

economy of scale factor, and the final

result rounded down to the nearest

dollar.

Section 804 of Pub. L. 104–193 also

amended Section 3(o) of the Act to

prohibit reducing food stamp allotments

for Fiscal Year (FY) 1997 below those in

effect on September 30, 1996. In FY

1996, Alaska (Urban, Rural I and II) and

Hawaii maximum food stamp

allotments for a four person household

were $510, $650, $791, and $663,

respectively. Based on the formula

discussed above, FY 1997 allotments

would have fallen below FY 1996 levels

to $502, $641, $780, and $636,

respectively. Consequently, in

accordance with the law, the food stamp

allotments for Alaska and Hawaii

published in this notice will remain the

same as last year’s.

Pursuant to Section 3(o)(3) of the Act,

maximum food stamp benefits for Guam

and the Virgin Islands cannot exceed

those in the 50 States and the District of

Columbia, so they are based upon the

lower of their respective TFPs or the

TFP for rural II Alaska.

MAXIMUM ALLOTMENT AMOUNTS 1.—OCTOBER 1996, AS ADJUSTED

Household size Urban

Alaska 2

Rural I

Alaska 2

Rural II

Alaska 2 Hawaii 2 Guam 3 Virgin Islands 3

1 .................................................................................................... $153 $195 $237 $198 $177 $154

2 .................................................................................................... 280 357 435 364 324 283

3 .................................................................................................... 401 512 623 522 464 405

4 .................................................................................................... 510 650 791 663 590 515

5 .................................................................................................... 605 772 939 787 701 611

6 .................................................................................................... 726 926 1127 945 841 733

7 .................................................................................................... 803 1024 1246 1044 929 811

8 .................................................................................................... 918 1170 1424 1193 1062 927

Each additional member ............................................................... +115 +146 +178 +149 +133 +116

1Adjusted to reflect the cost of food in June, adjustments for each household size, economies of scale, and 1.00 percent of the TFP and

rounding. 2 Held at FY 1996 levels as a result of the Personal Responsibility and Work Opportunity Act of 1996.

3Adjusted to reflect changes in the cost of food in the 48 States and the District of Columbia, which correlate with price changes in these

areas. Maximum allotments in these areas cannot exceed those in Rural II Alaska.

Maximum allotments for the 48 States

and the District of Columbia are

published in a separate notice in the

Federal Register. Adjustments covered

by this notice are announced for Alaska,

Hawaii, Guam, and the Virgin Islands

only, reflecting revisions required by

changes in the cost of food and Pub.

Law 104–193.

(7 U.S.C. 2011–2034)

Dated: April 4, 1997.

William E. Ludwig,

Administrator.

[FR Doc. 97–9858 Filed 4–15–97; 8:45 am]

BILLING CODE 3410–30–U

DEPARTMENT OF AGRICULTURE

Food and Consumer Service

RIN 0584–AC53

Food Stamp Program: Maximum

Allotments for the 48 States and the

District of Columbia, and Income

Eligibility Standards and Deductions

for the 48 States and the District of

Columbia, Alaska, Hawaii, Guam and

the Virgin Islands

AGENCY: Food and Consumer Service,

USDA.

ACTION: General notice.

SUMMARY: The purpose of this notice is

to update for Fiscal Year 1997: the

maximum allotment levels, which are

the basis for determining the amount of

food stamps which participating

households receive, the gross and net

income limits for food stamp eligibility,

the standard deduction available to

certain households, and the homeless

household shelter allowance. These

adjustments, required by law, take into

account changes in the cost of living

and statutory adjustments since the

amounts were last calculated.

DATES: The effective date of this notice

regarding the adjustment of the

maximum allotments was October 1,
18580 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices

1996. The effective date of this notice

regarding deductions from income was

January 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Margaret Werts Batko, Assistant Chief,

Certification Policy Branch, Program

Development Division, Food Stamp

Program, Food and Consumer Service,

USDA, 3101 Park Center Drive,

Alexandria, Virginia 22302, (703) 305–

2516.

SUPPLEMENTARY INFORMATION:

Implementation

As required by Section 3(o) of the

Food Stamp Act of 1977 (the Act), 7

U.S.C. 2012(o), State agencies should

have implemented the adjustments to

the maximum food stamp allotments

reflected in this notice on October 1,

1996, based on advance notice of the

new amounts. Similarly, State agencies

received notice of the changes in

deductions from income that were

required to be implemented on January

1, 997. In accordance with regulations

published at 47 FR 46485–46487

(October 19, 1982), annual statutory

adjustments to the maximum allotment

levels, income eligibility standards, and

deductions are issued by general notices

published in the Federal Register and

not through rulemaking proceedings.

Public Law 104–193, the Personal

Responsibility and Work Opportunity

Reconciliation Act of 1996, was enacted

on August 22, 1996. Several provisions

of that law affect Food Stamp Program

allotment levels, income eligibility

standards and deduction amounts. The

provisions of Pub. L. 104–193 discussed

herein were intended by Congress to be

binding and non-discretionary. In that

light, the Department has determined in

accord with 5 U.S.C. 553(b)(2)(B) that

good cause existed to implement the

required statutory changes without prior

notice and comment. To meet the

implementation requirements of Public

Law 104–193, State agencies were

informed of the new standards in

guidance issued by the Department

prior to the publication of this notice.

Subsequent to the publishing of this

notice, various regulatory changes

corresponding to the statutory changes

will be promulgated. These regulatory

changes will not affect the provisions of

Pub. L. 104–193 hereby implemented

but will simply correlate the Code of

Federal Regulations with the Act.

Classification

Executive Order 12866

This notice has been determined to be

not significant for purposes of Executive

Order 12866 and therefore has not been

reviewed by the Office of Management

and Budget (OMB).

Executive Order 12372

The Food Stamp Program is listed in

the Catalog of Federal Domestic

Assistance Under No. 10.551. For the

reasons set forth in the final rule related

notice to 7 CFR Part 3015, Subpart V (48

FR 29116, June 24, 1983), this program

is excluded from the scope of Executive

Order 12372 which requires

intergovernmental consultation with

State and local officials.

Regulatory Flexibility Act

The Under Secretary for Food,

Nutrition and Consumer Services, has

certified that this action will not have a

significant economic impact on a

substantial number of small entities.

The action will increase the amount of

money spent on food through food

stamps. However, this money will be

distributed among the nation’s food

vendors, so the effect on any one vendor

will not be significant.

Paperwork Reduction Act

This action does not contain reporting

or record keeping requirements subject

to approval by OMB pursuant to the

provisions of the Paperwork Reduction

Act of 1995, 44 U.S.C. 3507.

Background

Income Eligibility Standards

The eligibility of households for the

Food Stamp Program, except those in

which all members are receiving

‘‘benefits under a State program funded

under part A of title IV of the Social

Security Act [], supplemental security

income [SSI] benefits under title XVI of

the Social Security Act [], or aid to the

aged, blind, or disabled under title I, X,

XIV, or XV of the Social Security Act.

* * *’’, is determined by comparing

their incomes to the appropriate income

eligibility standards (limits). Pursuant to

Section 5(c)(2) of the Act, 7 U.S.C.

2014(c)(2), households containing an

elderly or disabled member are required

to have qualifying net incomes, while

households which do not contain an

elderly or disabled member must have

qualifying net incomes and qualifying

gross incomes. Households in which all

members are receiving Social Security

Act title IV benefits or SSI are

‘‘categorically eligible;’’ under 7 CFR

273.2(j)(2) their incomes do not have to

be below the income limits.

As provided in Section 5(c)(1) of the

Act, the net and gross income limits

applicable to food stamp eligibility are

derived from the Federal income

poverty guidelines established under

Section 673(2) of the Community

Services Block Grant Act, 42 U.S.C.

9902(2). The net income limit is 100

percent of the poverty line. The gross

income limit is 130 percent of the

poverty line. The guidelines are updated

annually. Based on that update, the

Food Stamp Program’s income

eligibility standards are updated each

October 1. Instructions for

implementation of the required

adjustments for October 1, 1996, were

issued by the Deputy Administrator of

the Food and Consumer Service in an

August 2, 1996, memorandum to all

State Food Stamp Program Directors.

The revised income eligibility standards

for the 48 States (including the District

of Columbia, Guam and the Virgin

Islands), Alaska and Hawaii are as

follows:

Food Stamp Program; October 1, 1996–September 30, 1997

NET MONTHLY INCOME ELIGIBILITY STANDARDS

[100 Percent of Poverty Level]

Household size 48 States Alaska Hawaii

1 ................................................................................................................................................................ $ 645 $ 805 $ 743

2 ................................................................................................................................................................ 864 1,079 994

3 ................................................................................................................................................................ 1,082 1,352 1,245

4 ................................................................................................................................................................ 1,300 1,625 1,495

5 ................................................................................................................................................................ 1,519 1,899 1,746

6 ................................................................................................................................................................ 1,737 2,172 1,997

7 ................................................................................................................................................................ 1,955 2,445 2,248

8 ................................................................................................................................................................ 2,174 2,719 2,499
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices 18581

NET MONTHLY INCOME ELIGIBILITY STANDARDS—Continued

[100 Percent of Poverty Level]

Household size 48 States Alaska Hawaii

Each add. member ................................................................................................................................... +219 +274 +251

GROSS MONTHLY INCOME ELIGIBILITY STANDARDS

[130 Percent of Poverty Level]

Household size 48 States Alaska Hawaii

1 ................................................................................................................................................................ $ 839 $1,047 $ 966

2 ................................................................................................................................................................ 1,123 1,402 1,292

3 ................................................................................................................................................................ 1,407 1,758 1,618

4 ................................................................................................................................................................ 1,690 2,113 1,944

5 ................................................................................................................................................................ 1,974 2,468 2,270

6 ................................................................................................................................................................ 2,258 2,824 2,596

7 ................................................................................................................................................................ 2,542 3,179 2,922

8 ................................................................................................................................................................ 2,826 3,534 3,248

Each add. member ................................................................................................................................... +284 +356 +327

GROSS MONTHLY INCOME ELIGIBILITY STANDARDS FOR HOUSEHOLDS WHERE ELDERLY DISABLED ARE A SEPARATE

HOUSEHOLD

[165 Percent of Poverty Level]

Household size 48 States Alaska Hawaii

1 ................................................................................................................................................................ $1,065 $1,329 $1,226

2 ................................................................................................................................................................ 1,425 1,780 1,639

3 ................................................................................................................................................................ 1,785 2,231 2,053

4 ................................................................................................................................................................ 2,145 2,682 2,467

5 ................................................................................................................................................................ 2,506 3,133 2,881

6 ................................................................................................................................................................ 2,866 3,584 3,295

7 ................................................................................................................................................................ 3,226 4,035 3,709

8 ................................................................................................................................................................ 3,586 4,486 4,123

Each add. member ................................................................................................................................... +361 +451 +414

Thrifty Food Plan (TFP) and Allotments

As provided for in Section 3(o) of the

Act, the TFP is a plan for the

consumption of foods of different types

(food groups) that a household might

use to provide nutritious meals and

snacks for household members. The

plan reflects a diet required to feed a

family of four persons consisting of a

man and a woman aged 20 to 50, a child

6 to 8 and a child 9 to 11. The cost of

the TFP is adjusted monthly to reflect

changes in the costs of the food groups.

The TFP is also the basis for

establishing food stamp allotments.

‘‘Allotment’’ is defined in Section 3(a)

of the Act as ‘‘the total value of coupons

a household is authorized to receive

during each month.’’ Food stamp

allotments are adjusted periodically to

reflect the changes in food cost levels

indicated in the changing amounts of

the TFP. Prior to the amendment of

Section 3(o) of the Act by Section 804

of Pub. L. 104–193, allotment amounts

were established on each October 1 at

103% of the cost of the TFP in the

previous June. Amended Section 3(o)(4)

of the Act now provides that the TFP

will be adjusted each October 1 to

reflect the exact cost, or 100%, of the

TFP for the previous June, rounding the

results to the nearest lower dollar

increment for each household size,

except that on October 1, 1996, the TFP

was not to have been reduced below the

amounts in effect on September 30,

1996.

To obtain the maximum food stamp

allotment for each household size for

the period October 1, 1996 to September

30, 1997, June 1996 TFP costs for the

above described four-person household

were divided by four, multiplied by the

appropriate household size and

economy of scale factor, in accordance

with Section 3(o)(1) of the Act and the

final result was rounded down to the

nearest dollar. The maximum benefit, or

allotment, is paid to households with no

net income. For a household with

income, the household’s allotment is

determined by reducing the maximum

allotment for the household’s size by 30

percent of the individual household’s

net income in accordance with Section

8(a) of the Act, 7 U.S.C. 2017(a). The

following tables show the current

allotments for the 48 States and the

District of Columbia.

Food Stamp Program; October 1, 1996–

September 30, 1997

MAXIMUM FOOD STAMP ALLOTMENTS

Household size

48 States and

the District

of Columbia

1 ...................................... $120

2 ...................................... 220

3 ...................................... 315

4 ...................................... 400

5 ...................................... 475

6 ...................................... 570

7 ...................................... 630

8 ...................................... 720

Each additional person ... +90

Minimum Benefit

Prior to Public Law 104–193, Section

8(a) of the Act, 7 U.S.C. 2017(a),

provided that the minimum benefit for

one- and two-person households would

be $10 per month and would be

adjusted to the nearest $5 each October

1 based on the percentage change in the

TFP for the twelve-month period ending
18582 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Notices

the preceding June. Section 826 of

Public Law 104–193 amended Section

8(a) effective October 1, 1996 by

removing the annual adjustment

provision, thus freezing the minimum

benefit at $10.

Standard Deduction

Section 5(e)(1) of the Act, 7 U.S.C.

2014(e)(1), provides that, in computing

household income, households shall be

allowed a standard deduction. Prior to

August 22, 1996, Section 5(e) also

required that the standard deduction be

adjusted periodically. Section 809 of

Public Law 104–193 amended Section

5(e)(1) to eliminate the periodic

adjustment, freezing the standard

deduction for each household in the 48

contiguous States and the District of

Columbia, Alaska, Hawaii, Guam, and

the Virgin Islands of the United States

at the 1994 level, $134, $229, $189,

$269, and $118, respectively.

Shelter Deduction

Prior to August 22, 1996, Section 5(e)

of the Act also mandated increases in

the shelter deduction limitation

effective July 1, 1994, and October 1,

1995, and an elimination of the

limitation effective January 1, 1997.

Section 809 of Public Law 104–193

amended Section 5(e)(7) of the Act to

provide that a household shall be

entitled to an excess shelter expense

deduction to the extent that the monthly

amount expended by a household for

shelter exceeds an amount equal to 50

percent of monthly household income

after all other applicable deductions

have been allowed. However, in the case

of a household that does not contain an

elderly or disabled individual, in the 48

contiguous States and the District of

Columbia, Alaska, Hawaii, Guam and

the Virgin Islands of the United States,

the excess shelter deduction shall not

exceed:

(i) for the period beginning on the

date of enactment of the law and ending

on December 31, 1996, $247, $429,

$353, $300, and $182 per month,

respectively;

(ii) for the period beginning on

January 1, 1997, and ending September

30, 1998, $250, $434, $357, $304, and

$184 per month, respectively;

(iii) for fiscal years 1999 and 2000,

$275, $478, $393, $334, and $203 per

month, respectively;

(iv) for fiscal year 2001 and each

subsequent fiscal year, $300, $521,

$429, $364, and $221 per month,

respectively.

Homeless Shelter Allowance

Prior to August 22, 1996, Section

11(e)(3)(E) of the Act, 7 U.S.C.

2020(e)(3)(E), required the Secretary of

Agriculture to prescribe rules requiring

State agencies to develop standard

estimates of the shelter expenses that

could reasonably be expected to be

incurred by households in which all

members were homeless but which are

not receiving free shelter throughout the

month. In recognition of the difficulty

State agencies could face in gathering

the necessary information to compute

standard shelter estimates for their

States, the Department offered a

standard estimate which could be used

by all State agencies in lieu of their own

estimates.

Sections 809 and 835 of Pub. L. 104–

193 required revisions in the above

described procedures. Section 809

amended Section 5(e)(5) of the Act, 7

U.S.C. 2014(e)(5), to allow State

agencies the option to develop a

standard, stand-alone homeless shelter

allowance, which shall not exceed $143

per month and is not to be adjusted

annually, for such expenses as may

reasonably be expected to be incurred

by households in which all members are

homeless individuals but are not

receiving free shelter throughout the

month. State agencies that develop the

allowance may use it in determining

eligibility and allotments for the

households. State agencies may make a

household with extremely low shelter

costs ineligible for the allowance. In

essence, these rules match those in

existence at 7 CFR 273.9(d)(5), with the

exception of establishing a maximum

allowance of $143. Therefore, no

additional rulemaking was required

prior to the implementation of this

provision of Pub. L. 104–193. Section

835 of Pub. L. 104–193 repealed Section

11(e)(3)(E) of the Act.

Dated: April 4, 1997.

William E. Ludwig,

Administrator, Food and Consumer Service.

[FR Doc. 97–9830 Filed 4–15–97; 8:45 am]

BILLING CODE 3410–30–U

DEPARTMENT OF AGRICULTURE

Forest Service

Availability of Appealable Decisions

AGENCY: Forest Service, USDA.

ACTION: Notice: Availability of

appealable decisions; legal notice for

availability for comment of decisions

that may be appealable under 36 CFR

part 215.

SUMMARY: Responsible Officials in the

Southwestern Region will publish

notice of availability for comment and

notice of decisions that may be subject

to administrative appeal under 36 CFR

part 215. These notices will be

published in the legal notice section of

the newspapers listed in the

Supplementary Information section of

this notice. As provided in 36 CFR 215.5

and 215.9, such notice shall constitute

legal evidence that the agency has given

timely and constructive notice for

comment and notice of decisions that

may be subject to administrative appeal.

Newspaper publication of notices of

decisions is in addition to direct notice

to those who have requested notice in

writing and those known to be

interested in or affected by a specific

decision.

DATES: Use of these newspapers for

purpose of publishing legal notices for

comment and decisions that may be

subject to appeal under 36 CFR part 215

shall begin April 16, 1997 and continue

until further notice.

FOR FURTHER INFORMATION CONTACT:

Pat Jackson, Regional Appeals

Coordinator, Southwestern Region, 517

Gold Avenue SW., Albuquerque, NM

87102, 505–842–3305.

SUPPLEMENTARY INFORMATION:

Responsible Officials in the

Southwestern Region will give legal

notice of decisions that may be subject

to appeal under 36 CFR part 215 in the

following newspaper which are listed

by Forest Service administrative unit.

Where more than one newspaper is

listed for any unit, the first newspaper

listed is the primary newspaper which

shall be used to constitute legal

evidence that the agency has given

timely and constructive notice for

comment and for decisions that may be

subject to administrative appeal. As

provided in 36 CFR part 215.5, the

timeframe for appeal shall be based on

the date of publication of a notice for

decision in the primary newspaper.

Notice by Regional Forester of

Availability for Comment and Decisions

Affecting New Mexico Forests

Albuquereque Journal, published

daily in Albuquerque, Bernalillo

County, New Mexico, for comment and

decisions affecting National Forest

System lands in the State of New

Mexico and for any decisions of Regionwide impact.

Notice by Regional Forester of

Availability for Comment and Decisions

Affecting Arizona Forests

The Arizona Republic published daily

in Phoenix, Maricopa County, Arizona,

for comment and decisions affecting

National Forest System lands in the

State of Arizona and for any decisions

of Region-wide impact