This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

34605 

Vol. 86, No. 123 

Wednesday, June 30, 2021 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Part 273 

[FNS–2021–0012] 

RIN 0584–AE87 

Supplemental Nutrition Assistance 

Program: Rescission of Requirements 

for Able-Bodied Adults Without 

Dependents: Notice of Vacatur 

AGENCY: Food and Nutrition Service 

(FNS), USDA. 

ACTION: Final rule. 

SUMMARY: This final rule removes from 

the Code of Federal Regulations the 

final rule published on December 5, 

2019, titled ‘‘Supplemental Nutrition 

Assistance Program: Requirements for 

Able-Bodied Adults Without 

Dependents.’’ This action responds to a 

decision of the U.S. District Court for 

the District of Columbia that vacated the 

rule. 

DATES: The action is effective June 30, 

2021. However, the court order had 

legal effect immediately upon its filing 

on October 18, 2020. 

ADDRESSES: SNAP Program 

Development Division, Food and 

Nutrition Service, USDA, 1320 

Braddock Place, Alexandria, Virginia 

22314. 

FOR FURTHER INFORMATION CONTACT: 

Arpan Dasgupta, Certification Policy 

Branch, Program Development Division, 

Food and Nutrition Service, 703–305– 

1623, SNAPCPBrules@usda.gov. 

SUPPLEMENTARY INFORMATION: On 

December 5, 2019, the Food and 

Nutrition Service (FNS) published a 

final rule titled ‘‘Supplemental 

Nutrition Assistance Program: 

Requirements for Able-Bodied Adults 

Without Dependents’’ (84 FR 66782) 

(hereinafter ‘‘2019 Final Rule’’). The 

2019 Final Rule revised conditions 

under which USDA would waive, when 

requested by States, the able-bodied 

adult without dependents (ABAWD) 

time limit in areas that have an 

unemployment rate of over 10 percent 

or a lack of sufficient jobs. In addition, 

the 2019 Final Rule limited carryover of 

ABAWD discretionary exemptions. 

In the October 18, 2020, decision in 

District of Columbia, et al., v. United 

States Department of Agriculture, et al., 

No. 20–cv–00119–BAH (D.D.C. 2020), 

the U.S. District Court for the District of 

Columbia vacated the 2019 Final Rule. 

This rule is being promulgated to 

revert the language of the regulations 

amended by the 2019 Final Rule to that 

which existed prior to the 2019 Final 

Rule. This rule is not subject to the 

requirement to provide notice and an 

opportunity for public comments 

because it falls under the good cause 

exception at 5 U.S.C. 553(b)(B). The 

good cause exception is satisfied when 

notice and comment is ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Id. The 2019 Final Rule has 

already been vacated by a court of law. 

This rule is simply an administrative 

step that reverts the language of the 

relevant regulations to reflect the court’s 

order vacating the 2019 Final Rule. 

Additionally, because this rule 

implements a court order already in 

effect, FNS has good cause to waive the 

30-day effective date under 5 U.S.C. 

553(d). 

List of Subjects in 7 CFR Part 273 

Able-bodied adults without 

dependents, Administrative practice 

and procedures, Employment, Indian 

Reservations, Time limit, U.S. 

Territories, Waivers, Work 

Requirements. 

Accordingly 7 CFR part 273 is 

amended as follows: 

PART 273—CERTIFICATION OF 

ELIGIBLE HOUSEHOLDS 

■ 1. The authority citation for part 273 

continues to read as follows: 

Authority: 7 U.S.C. 2011–2036. 

■ 2. In § 273.24, revise paragraphs (f) 

and (h) to read as follows: 

§ 273.24 Time limit for able-bodied adults. 

* * * * * 

(f) Waivers—(1) General. On the 

request of a State agency, FNS may 

waive the time limit for a group of 

individuals in the State if we determine 

that the area in which the individuals 

reside: 

(i) Has an unemployment rate of over 

10 percent; or 

(ii) Does not have a sufficient number 

of jobs to provide employment for the 

individuals. 

(2) Required data. The State agency 

may submit whatever data it deems 

appropriate to support its request. 

However, to support waiver requests 

based on unemployment rates or labor 

force data, States must submit data that 

relies on standard Bureau of Labor 

Statistics (BLS) data or methods. A nonexhaustive list of the kinds of data a 

State agency may submit follows: 

(i) To support a claim of 

unemployment over 10 percent, a State 

agency may submit evidence that an 

area has a recent 12 month average 

unemployment rate over 10 percent; a 

recent three month average 

unemployment rate over 10 percent; or 

an historical seasonal unemployment 

rate over 10 percent; or 

(ii) To support a claim of lack of 

sufficient jobs, a State may submit 

evidence that an area: Is designated as 

a Labor Surplus Area (LSA) by the 

Department of Labor’s Employment and 

Training Administration (ETA); is 

determined by the Department of 

Labor’s Unemployment Insurance 

Service as qualifying for extended 

unemployment benefits; has a low and 

declining employment-to-population 

ratio; has a lack of jobs in declining 

occupations or industries; is described 

in an academic study or other 

publications as an area where there are 

lack of jobs; has a 24-month average 

unemployment rate 20 percent above 

the national average for the same 24- 

month period. This 24-month period 

may not be any earlier than the same 24- 

month period the ETA uses to designate 

LSAs for the current fiscal year. 

(3) Waivers that are readily 

approvable. FNS will approve State 

agency waivers where FNS confirms: 

(i) Data from the BLS or the BLS 

cooperating agency that shows an area 

has a most recent 12 month average 

unemployment rate over 10 percent; 

(ii) Evidence that the area has been 

designated a Labor Surplus Area by the 

ETA for the current fiscal year; or 

(iii) Data from the BLS or the BLS 

cooperating agency that an area has a 24 

month average unemployment rate that 

exceeds the national average by 20 


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34606 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations 

percent for any 24-month period no 

earlier than the same period the ETA 

uses to designate LSAs for the current 

fiscal year. 

(4) Effective date of certain waivers. In 

areas for which the State certifies that 

data from the BLS or the BLS 

cooperating agency show a most recent 

12 month average unemployment rate 

over 10 percent; or the area has been 

designated as a Labor Surplus Area by 

the Department of Labor’s Employment 

and Training Administration for the 

current fiscal year, the State may begin 

to operate the waiver at the time the 

waiver request is submitted. FNS will 

contact the State if the waiver must be 

modified. 

(5) Duration of waiver. In general, 

waivers will be approved for one year. 

The duration of a waiver should bear 

some relationship to the documentation 

provided in support of the waiver 

request. FNS will consider approving 

waivers for up to one year based on 

documentation covering a shorter 

period, but the State agency must show 

that the basis for the waiver is not a 

seasonal or short term aberration. We 

reserve the right to approve waivers for 

a shorter period at the State agency’s 

request or if the data is insufficient. We 

reserve the right to approve a waiver for 

a longer period if the reasons are 

compelling. 

(6) Areas covered by waivers. States 

may define areas to be covered by 

waivers. We encourage State agencies to 

submit data and analyses that 

correspond to the defined area. If 

corresponding data does not exist, State 

agencies should submit data that 

corresponds as closely to the area as 

possible. 

* * * * * 

(h) Adjustments. FNS will make 

adjustments as follows: 

(1) Caseload adjustments. FNS will 

adjust the number of exemptions 

estimated for a State agency under 

paragraph (g)(2) of this section during a 

fiscal year if the number of SNAP 

recipients in the State varies from the 

State’s caseload by more than 10 

percent, as estimated by FNS. 

(2) Exemption adjustments. During 

each fiscal year, FNS will adjust the 

number of exemptions allocated to a 

State agency based on the number of 

exemptions in effect in the State for the 

preceding fiscal year. 

(i) If the State agency does not use all 

of its exemptions by the end of the fiscal 

year, FNS will increase the estimated 

number of exemptions allocated to the 

State agency for the subsequent fiscal 

year by the remaining balance. 

(ii) If the State agency exceeds its 

exemptions by the end of the fiscal year, 

FNS will reduce the estimated number 

of exemptions allocated to the State 

agency for the subsequent fiscal year by 

the corresponding number. 

* * * * * 

Cynthia Long, 

Acting Administrator, Food and Nutrition 

Service. 

[FR Doc. 2021–14045 Filed 6–29–21; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Federal Crop Insurance Corporation 

7 CFR Parts 407 and 457 

[Docket ID FCIC–21–0005] 

RIN 0563–AC74 

Area Risk Protection Insurance 

Regulations and Common Crop 

Insurance Policy Basic Provisions 

AGENCY: Federal Crop Insurance 

Corporation, U.S. Department of 

Agriculture (USDA). 

ACTION: Final rule with request for 

comments. 

SUMMARY: The Federal Crop Insurance 

Corporation (FCIC) amends the Area 

Risk Protection Insurance (ARPI) 

Regulations and Common Crop 

Insurance Policy (CCIP), Basic 

Provisions. The intended effect of this 

action is to improve unit provisions and 

organic farming practice provisions, 

revise the definition of veteran farmer or 

rancher, and clarify provisions. The 

changes to the policy made in this rule 

are applicable for the 2022 and 

succeeding crop years for crops with a 

contract change date on or after June 30, 

2021. For all other crops, the changes to 

the policy made in this rule are 

applicable for the 2023 and succeeding 

crop years. 

DATES:

Effective date: This final rule is 

effective June 30, 2021. 

Comment date: We will consider 

comments that we receive by the close 

of business August 30, 2021. FCIC may 

consider the comments received and 

may conduct additional rulemaking 

based on the comments. 

ADDRESSES: We invite you to submit 

comments on this rule. You may submit 

comments by either of the following 

methods, although FCIC prefers that you 

submit comments electronically through 

the Federal eRulemaking Portal: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and search 

for Docket ID FCIC–21–0005. Follow the 

instructions for submitting comments. 

• Mail: Director, Product 

Administration and Standards Division, 

Risk Management Agency (RMA), US 

Department of Agriculture, P.O. Box 

419205, Kansas City, MO 64133–6205. 

In your comment, specify docket ID 

FCIC–21–0005. 

Comments will be available for 

viewing online at www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Francie Tolle; telephone (816) 926– 

7829; or email francie.tolle@usda.gov. 

Persons with disabilities who require 

alternative means for communication 

should contact the USDA Target Center 

at (202) 720–2600 or 844–433–2774 

(toll-free nationwide). 

SUPPLEMENTARY INFORMATION: 

Background 

FCIC serves America’s agricultural 

producers through effective, marketbased risk management tools to 

strengthen the economic stability of 

agricultural producers and rural 

communities. The Risk Management 

Agency (RMA) administers the FCIC 

regulations. FCIC is committed to 

increasing the availability and 

effectiveness of Federal crop insurance 

as a risk management tool. Approved 

Insurance Providers (AIPs) sell and 

service Federal crop insurance policies 

in every state through a public-private 

partnership. FCIC reinsures the AIPs 

who share the risks associated with 

catastrophic losses due to major weather 

events. FCIC’s vision is to secure the 

future of agriculture by providing world 

class risk management tools to rural 

America. 

Federal crop insurance policies 

typically consist of the Basic Provisions, 

the Crop Provisions, the Special 

Provisions, the Commodity Exchange 

Price Provisions, if applicable, other 

applicable endorsements or options, the 

actuarial documents for the insured 

agricultural commodity, the 

Catastrophic Risk Protection 

Endorsement, if applicable, and the 

applicable regulations published in 7 

CFR chapter IV. 

FCIC amends the ARPI Basic 

Provisions (7 CFR 407) and the CCIP 

Basic Provisions (7 CFR 457.8). The 

changes to the policy made in this rule 

are applicable for the 2022 and 

succeeding crop years for crops with a 

contract change date on or after June 30, 

2021. For all other crops, the changes to 

the policy made in this rule are 

applicable for the 2023 and succeeding 

crop years. These changes resulted from 

public comments received on two final 

rules with request for comment. 


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