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

266 

Vol. 90, No. 2 

Friday, January 3, 2025 

1https://www.fns.usda.gov/pd/supplementalnutrition-assistance-program-snap. 

2FNS refers to the negative case error rate as the 

case and procedural error rate, or CAPER. 

3https://fns-prod.azureedge.net/sites/default/ 

files/snap/FNS_310_Handbook.pdf. 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Part 275 

[FNS–2024–0030] 

RIN 0584–AF05 

Supplemental Nutrition Assistance 

Program Quality Control Review 

Handbook Incorporation by Reference 

AGENCY: Food and Nutrition Service 

(FNS), USDA. 

ACTION: Notice of proposed rulemaking, 

incorporation by reference. 

SUMMARY: The U.S. Department of 

Agriculture (the Department) is issuing 

this proposed rule to formally 

incorporate by reference the FNS 

Handbook 310 into SNAP regulations. 

By doing so, the Department is ensuring 

that the public receives a notice and 

comment period prior to 

implementation of revisions to the 

Handbook, which is the standard 

operating procedure manual for 

conducting quality control (QC) reviews 

of SNAP cases. The Department also 

proposes to remove reference to FNS 

Handbook 311 until it can be 

incorporated by reference. The 

Department requests comment on these 

proposed provisions. 

DATES: Written comments must be 

received on or before March 4, 2024 to 

ensure their 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: 

—Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow 

the online instructions for submitting 

comments. 

—Mail: Send comments to John 

McCleskey, Branch Chief, Quality 

Control Branch, Program 

Administration and Nutrition 

Division; Food and Nutrition Service; 

1320 Braddock Place, 5th Floor; 

Alexandria, Virginia 22314. 

—Email: Send comments to 

SM.FN.SNAPHQ-WEB@usda.gov. 

Include ‘‘SNAP QC Review Handbook 

Incorporation by Reference’’ in the 

subject line of the message. 

—All written comments submitted in 

response to this proposed rule will be 

included in the record and will be 

made available to the public. Please 

be advised that the substance of the 

comments and the identity of the 

individuals or entities submitting the 

comments will be subject to public 

disclosure. FNS will make the written 

comments publicly available on the 

internet via http://

www.regulations.gov. 

—FNS Handbook 310, Supplemental 

Nutrition Assistance Program Quality 

Control Review Handbook, can be 

viewed online at https://www.fns.

usda.gov/snap/qc. 

FOR FURTHER INFORMATION CONTACT: John 

McCleskey, 703–457–7747, Food and 

Nutrition Service, 1320 Braddock Place, 

5th Floor; Alexandria, Virginia 22314, 

SM.FN.SNAPHQ-WEB@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

SNAP QC—In General 

The Supplemental Nutrition 

Assistance Program (SNAP) is the 

nation’s largest domestic food assistance 

program for Americans, reaching about 

42 million people per month during 

fiscal year 2023.1

Although the Federal government 

funds SNAP benefits per 7 U.S.C. 

2020(a)(1), State agencies are 

responsible for general program 

administration of SNAP within their 

States, including determining the 

eligibility of individuals and 

households to receive SNAP benefits 

and issuing monthly allotments of 

benefits. 

Pursuant to Section 16 of the Food 

and Nutrition Act of 2008 (FNA), as 

amended, each State agency is 

responsible for monitoring and 

improving its administration of SNAP. 

The Quality Control (QC) system is 

necessary to help ensure State agencies 

measure improper payments and 

improve their administration of SNAP. 

SNAP QC reviews have four goals, 

identified at 7 CFR 275.10(b), which are 

to provide: (1) a systematic method of 

measuring the validity of the SNAP 

eligibility caseload; (2) a basis for 

determining all SNAP error rates; (3) a 

timely, continuous flow of information 

on which to base corrective action at all 

levels of administration; and (4) a basis 

for establishing State agency liability for 

payment errors that exceed the National 

performance measure pursuant to 

Section 16(c)(1)(C) of the FNA. 

To comply with Section 16 of the 

FNA, State agencies conduct monthly 

reviews of a statistically representative 

sample of both participating SNAP 

households (active cases) and 

households for whom participation was 

denied, terminated, or suspended 

(negative cases). Once the State’s review 

is complete, the case is submitted to 

FNS for possible Federal re-review. The 

role of the Federal reviewer is to 

validate the State reviews were done 

accurately and in accordance with 

Federal SNAP policies and procedures. 

QC reviews measure the accuracy of 

SNAP eligibility and allotment 

determinations and ultimately serve as 

the basis for the SNAP payment error 

rate (PER) and case and procedural error 

rate (CAPER).2 The results of these 

reviews provide feedback on State-byState and national administration of the 

Program, including how State agencies’ 

chosen policy options, waivers, and 

business processes affect the accuracy of 

their eligibility determinations. In short, 

the QC system allows FNS and the 

States to assess the integrity of SNAP 

and ensure effective stewardship of 

taxpayer dollars by determining the 

extent to which the program is operating 

as required by statute and regulations. 

Background Information on FNS 

Handbook 310 

The FNS Handbook 310, the ‘‘SNAP 

QC Review Handbook’’, is the standard 

operating procedure manual for 

conducting QC reviews of SNAP cases.3

The FNS Handbook 310 provides both 

State and Federal QC reviewers with 

procedures for the QC review process 

for active and negative cases. This 

procedural manual aligns with SNAP’s 

statutory and Federal regulatory 

program rules to ensure its process for 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Proposed Rules 267 

4https://www.govinfo.gov/content/pkg/FR-1983- 

07-29/pdf/FR-1983-07-29.pdf. 

5https://archives.federalregister.gov/issue_slice/ 

1984/2/17/6278-6313.pdf. 

evaluating SNAP eligibility and 

allotments delivers accurate results. 

The FNS Handbook 310 was first 

introduced into regulation in the July 

29, 1983, proposed rule titled, Food 

Stamp Program; Technical 

Amendments to the Quality Control 

Review Process.4 Following publication 

of the proposed rule, the Department 

received comments indicating State 

agencies needed a consistent, complete, 

national handbook for conducting QC 

reviews of SNAP cases that would also 

be continually updated as SNAP 

policies are updated and changed. The 

handbook provisions were implemented 

with the February 17, 1984, final rule 

titled, Food Stamp Program, Quality 

Control Reviews.5 The provisions in the 

final rule require State agencies to use 

FNS-designed handbooks, worksheets, 

and coding forms in the QC review 

process to ensure consistency of reviews 

nationwide. 

Incorporation by Reference 

The Department proposes, at 7 CFR 

275.14(b), to incorporate by reference 

the FNS Handbook 310, ‘‘SNAP QC 

Review Handbook’’, dated October 

2024, and add a centralized IBR 

paragraph at 7 CFR 275.14(f). In the 

1984 final rule, the Department 

included the FNS Handbook 310 in the 

code of Federal regulations but did not 

specifically undertake the incorporation 

by reference (IBR) process. This rule 

addresses that oversight. 

The FNS Handbook 310 is readily 

available to all interested parties. The 

FNS Handbook 310 is publicly available 

as listed in the ADDRESSES section of this 

proposed rule. Additionally, the FNS 

Handbook 310 has been consistently 

available on the FNS public website 

since 2003 and on the USDA Partner 

Web since 2008. The Partner Web is a 

web-based SharePoint site accessible 

with Federal e-authentication. 

The FNS Handbook 310 does not 

detract from the legal or practical 

attributes of the Federal Register since 

it does not introduce new program 

requirements, but rather details 

operational procedures for the QC 

review process to evaluate compliance 

with existing SNAP laws and 

regulations. Publishing the entire FNS 

Handbook 310 in the Federal Register is 

impractical due not only due to its 

extensive 300-page length, but also for 

readability. The Federal Register is 

limited to strict formatting capabilities 

and a procedural manual requires 

examples using bullets, indentions, text 

boxes, side by side comparisons, as well 

as flow charts, etc. and many times on 

the same pages as one another, which is 

why incorporation by reference is most 

appropriate. 

The Department also proposes to 

remove reference to the FNS Handbook 

311 until it can be incorporated by 

reference. The Department proposes to 

reserve new paragraphs (e) and (f)(2) in 

anticipation of incorporating FNS 

Handbook 311 in the future. 

Procedural Matters 

Executive Order 12866, 13563, and 

14094 

Executive Orders 12866, 13563, and 

14094 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). Under Executive Order 12866, 

as amended, OMB’s Office of 

Information and Regulatory Affairs 

(OIRA) determines whether a regulatory 

action is significant and, therefore, 

subject to OMB review. Executive Order 

13563 emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. Executive 

Order 14094 focuses on modernizing 

regulatory review and updates the 

definition of a significant regulation. 

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 

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. The entities impacted by 

this rule are State SNAP agencies that 

conduct QC reviews, which are not 

considered small entities for purposes of 

this analysis. 

Pursuant to our review, the 

Department certifies that this rule will 

not have a significant impact on a 

substantial number of small entities. 

Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a ‘major rule’, 

as defined by 5 U.S.C. 804(2). 

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 $100 million or 

more 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 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 $100 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 sam.gov 

Assistance Listings under Number 

10.551. For the reasons set forth in the 

Final Rule codified in 7 CFR part 3015, 

subpart V and the related Notice (48 FR 

29115), this Program is excluded from 

the scope of Executive Order 12372, 

which requires intergovernmental 

consultation with State and local 

officials. 

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 proposed rule, with 

comment, on State and local 

governments and has determined that 

this rule does not have federalism 

implications. Therefore, under Section 


lotter on DSK11XQN23PROD with PROPOSALS1
268 Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Proposed Rules 

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 rule in 

accordance with the Department 

Regulation 4300–004, ‘‘Civil Rights 

Impact Analysis,’’ to identify and 

address any major civil rights impacts 

that the rule might have on minorities, 

women, and persons with disabilities. 

After a careful review of the rule’s intent 

and provisions, FNS has determined 

that this rule has no likely impact on 

any of the protected classes. These 

changes primarily affect the QC review 

process and not individuals’ eligibility 

for or participation in SNAP. 

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. 

After a careful review of the rule’s 

intent, FNS has determined that this 

rule has no intended impact on Tribal 

implications. 

Paperwork Reduction Act 

Reporting and recordkeeping 

requirements associated with the use of 

the FNS Handbook 310 are already 

permitted by the Office of Management 

and Budget (OMB) under four separate, 

approved information collections under 

the Paperwork Reduction Act of 1995. 

Those collections are: 0584–0074, FNS– 

380, Worksheet for the Supplemental 

Nutrition Assistance Program Quality 

Control Reviews (expires 7/31/2025); 

0584–0299, FNS–380–1 Supplemental 

Nutrition Assistance Program’s Quality 

Control Review Schedule (expires 9/30/ 

2026); 0584–0034, FNS–245: SNAP 

Negative Case Action Review Schedule 

(expires 12/31/2024); and 0584–0303, 

Supplemental Nutrition Assistance 

Program Regulations, Part 275—Quality 

Control (expires 7/31/2025). 

E-Government Act Compliance 

The Department is committed to 

complying with the E-Government Act, 

2002 to promote the use of the internet 

and other information technologies to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. 

List of Subjects in 7 CFR Part 275 

Grant programs—social programs, 

Incorporation by reference, Reporting 

and recordkeeping requirements. 

Accordingly, the Food and Nutrition 

Service proposes to amend 7 CFR part 

275 as follows: 

PART 275—PERFORMANCE 

REPORTING SYSTEM 

■ 1. The authority citation for part 275 

continues to read as follows: 

Authority: 7 U.S.C. 2011–2036. 

■ 2. In § 275.14: 

■ a. Revise paragraphs (a) and (b); 

■ b. Amend paragraph (c) introductory 

text by removing the word ‘‘the’’ at the 

beginning of the text and adding in its 

place ‘‘OMB 0584–0074,’’; 

■ c. Amend paragraph (d) introductory 

text by adding at the end of the sentence 

the phrase ‘‘, OMB 0584–0299’’, adding 

at the end of the second sentence the 

phrase ‘‘, OMB 0584–0074’’, and in the 

last sentence remove the phrase 

‘‘Negative Quality Control Review 

Schedule, Form FNS–245’’ and adding 

in its place the phrase ‘‘OMB 0584– 

0034, Form FNS–245: SNAP Negative 

Case Action Review Schedule’’; 

■ d. Reserve paragraph (e); and 

■ e. Add paragraph (f). 

The revisions and additions read as 

follows: 

§ 275.14 Review Processing. 

(a) General. Each State agency shall 

use FNS handbooks, OMB approved 

quality control information collection 

forms, and SNAP QC policy memos in 

the quality control review process. QC 

reviews are consistent with SNAP’s 

statutory and regulatory requirements. 

(b) Review Handbook. The reviewer 

shall follow the procedures outlined in 

the Quality Control Review Handbook, 

the FNS Handbook 310, to conduct 

quality control reviews. 

* * * * * 

(e) [Reserved] 

(f) Incorporation by Reference. The 

material listed in this paragraph (f) is 

incorporated by reference into this 

section with the approval of the Director 

of the Federal Register under 5 U.S.C. 

552(a) and 1 CFR part 51. All approved 

material is available for inspection at 

the Food and Nutrition Service (FNS) 

and at the National Archives and 

Records Administration (NARA). 

Contact the FNS at: 1320 Braddock 

Place, 5th Floor; Alexandria, Virginia 

22314; email: SM.FN.SNAPHQ-WEB@

usda.gov, website: https://

www.fns.usda.gov/snap/qc. For 

information on the availability of this 

material at NARA, visit 

www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@

nara.gov. 

(1) FNS Handbook 310, SNAP QC 

Review Handbook, dated October 2024, 

through PM 25–01. (Available at: 

https://www.fns.usda.gov/snap/qc 

under the ‘‘Policy and Guidance 

Documents’’ section.) 

(2) Reserved. 

Tameka Owens, 

Acting Administrator and Assistant 

Administrator, Food and Nutrition Service. 

[FR Doc. 2024–30578 Filed 1–2–25; 8:45 am] 

BILLING CODE 3410–30–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2024–0180] 

RIN 3150–AL21 

List of Approved Spent Fuel Storage 

Casks: NAC International, Inc. 

MAGNASTOR® Storage System, 

Certificate of Compliance No. 1031, 

Amendment No. 14 and Revisions to 

Amendment Nos. 0 Through 13 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend its spent fuel regulations by 

revising the NAC International, Inc. 

MAGNASTOR® Storage System listing 

within the ‘‘List of approved spent fuel 

storage casks’’ to include Amendment 

No. 14 and revisions to Amendment 

Nos. 0 through 13 to Certificate of 

Compliance No. 1031. Amendment No. 

14 and revisions to Amendment Nos. 0 


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