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contains regulatory documents having general

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Rules and Regulations Federal Register

4159 

Vol. 81, No. 16 

Tuesday, January 26, 2016 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Part 272 

[FNS–2015–0029] 

RIN 0584–AE36 

SNAP Requirement for National 

Directory of New Hires Employment 

Verification and Annual Program 

Activity Reporting 

AGENCY: Food and Nutrition Service 

(FNS), USDA. 

ACTION: Interim final rule. 

SUMMARY: The Food and Nutrition 

Service is codifying the requirement for 

State agencies to verify applicant 

employment data through the National 

Directory of New Hires (NDNH) for the 

determination of Supplemental 

Nutrition Assistance Program (SNAP) 

eligibility and correct amount of 

benefits, pursuant to section 4013 of the 

Agricultural Act of 2014. This interim 

final rule requires that State agencies 

access employment data through the 

NDNH at the time of SNAP certification, 

including recertification, and aims to 

improve Program integrity by reducing 

the risk of improper payments due to 

unreported or misreported income. This 

rule further amends regulations to 

change the reporting frequency 

requirement for the ‘‘Program and 

Budget Summary Statement Part B— 

Program Activity Statement’’ from an 

annual submission based on the State 

fiscal year to a quarterly submission 

based on the Federal fiscal year. 

DATES: To be considered, written 

comments on this interim final rule 

must be received on or before March 28, 

2016. This rule will become effective 

March 28, 2016. 

Implementation Date: State agencies 

have already been instructed through 

FNS directive to implement this 

provision as required by the 

Agricultural Act of 2014. 

ADDRESSES: 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 written comments to 

Jane Duffield, State Administration 

Branch, Program Accountability and 

Administration Division, Supplemental 

Nutrition Assistance Program, Food and 

Nutrition Service, USDA, 3101 Park 

Center Drive, Room 818, Alexandria, VA 

22302. 

• All written comments submitted in 

response to this interim final 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. 

FOR FURTHER INFORMATION CONTACT: Jane 

Duffield, Food and Nutrition Service, 

U.S. Department of Agriculture, 3101 

Park Center Drive, Room 818, 

Alexandria, VA 22302, by phone at 

(703) 305–2425 or via email at 

Jane.Duffield@fns.usda.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

With this interim final rule, the Food 

and Nutrition Service (FNS) amends the 

SNAP regulations at 7 CFR part 272 to 

require State agencies to access 

employment data through the National 

Directory of New Hires (NDNH) at the 

time of certification, including 

recertification, to determine the 

eligibility status and correct benefit 

amount for SNAP applicants and 

participants. This requirement codifies 

section 4013 of the Agricultural Act of 

2014 (Pub. L. 113–79). The legislation 

was effective on February 7, 2014, and 

FNS implemented the mandated 

requirements, including that associated 

with the NDNH requirement, by 

directive to all SNAP State agencies on 

March 21, 2014. This interim rule also 

amends regulations at 7 CFR 272.2 to 

change the requirement for State agency 

submission of the ‘‘Program and Budget 

Summary Statement Part B—Program 

Activity Statement’’ (FNS–366B, OMB 

#0584–0594, expiration date 6/30/2017) 

from an annual submission based on the 

State fiscal year to a quarterly 

submission based on the Federal fiscal 

year. 

Implement National Directory of New 

Hires Employment Verification 

Requirement 

Current regulations at § 273.2(f)(1)(i) 

require State agencies to verify gross 

non-exempt income for all households 

prior to certification or, in instances 

where the State’s attempts to verify the 

income with the employer have been 

unsuccessful, use the best available 

information to determine benefits. 

Additionally, regulations at § 273.12(a) 

and § 273.21 establish the SNAP 

household’s responsibility to report 

applicable changes in income while 

participating in the Program. Thus, the 

accuracy of Program benefits issued to 

a household relies on the accuracy of 

reported and verified information. 

The NDNH is a repository of 

employment, unemployment insurance, 

and quarterly wage data maintained by 

the U.S. Department of Health and 

Human Services (HHS) Office of Child 

Support Enforcement (OCSE). The data 

residing in the NDNH includes W–4 

(new hire) records from the State 

Directory of New Hires, quarterly wage 

and unemployment insurance data from 

the State workforce agencies, and new 

hire and quarterly wage data from 

Federal agencies. The Personal 

Responsibility and Work Opportunity 

Reconciliation Act (PRWORA) 

mandated the establishment of the 

NDNH in 1996. A major component of 

the Federal Parent Locator Service 

(FPLS), the NDNH was originally 

established for State Child Support 

Enforcement (CSE) Agencies to locate 

non-custodial parents in order to 

establish and enforce child support 

orders. As of February 2015, there were 

64,571 employers and 33,610 

subsidiaries listed in the NDNH. The 

number of employers and their 

subsidiaries listed in the NDNH 

generally increase each year. In 2014, 

over 4,320 new employers were added 

to the database. 

The NDNH may only be accessed by 

authorized agencies with legislative 

authority. On July 27, 2006, Public Law 

109–250 amended section 453(j) of 

Social Security Act (42 U.S.C. 653(j)) by 

the adding a new paragraph (10), which 

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4160 Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Rules and Regulations 

authorized State agencies administering 

SNAP under the Food and Nutrition Act 

of 2008 [7 U.S.C. 2011 et seq.] to access 

NDNH data for carrying out Program 

responsibilities. Prior to the 

amendment, State SNAP agencies could 

only access employment data made 

available through their own State 

Directory of New Hires for the 

determination of SNAP eligibility. 

Public Law 109–250 gave State SNAP 

agencies the option to access NDNH, 

thus providing an opportunity to receive 

employment data from other States, 

multi-State employers, and Federal 

agencies. Despite this change in 

legislation, few State agencies exercised 

the option to use it. Most State agencies 

instead opted to access employment 

data via their respective State Directory 

of New Hires, State Workforce Agency, 

and other data sources. By now 

requiring State agencies to access NDNH 

data for SNAP, FNS believes States will 

benefit from a reduction in improper 

payments due to unreported income. 

This rule codifies in § 272.16 the 

requirement that each State agency must 

establish a system to compare 

identifiable information about each 

adult household member against data 

from the NDNH. Section 4013 of the 

Agricultural Act of 2014 mandates that 

States use NDNH to verify applicant and 

participant employment data and enter 

into a computer matching agreement 

with HHS pursuant to the authority in 

42 U.S.C. 653(j)(10). State agencies must 

enter into a computer matching 

agreement with HHS in order to access 

the NDNH. States must continue to 

adhere to requirements § 272.12 

addressing the use of information 

obtained from computer matching 

programs. The State agency may only 

use the required data matching to verify 

that the employment status of adult 

household members is accurately 

reported on the SNAP application. 

Because the NDNH does not include 

employment data on individuals under 

the age of 18, this verification 

requirement is limited to adult 

household members. The law further 

mandates the State agency to conduct 

matches against NDNH new hire data at 

the time of certification. FNS believes 

that conducting the match at both initial 

application and recertification will meet 

the intent of section 4013, and is 

therefore codifying the requirement for 

both certification and recertification. 

The NDNH maintains three data sets. 

While this rule addresses the 

requirement for State agency matching 

against the NDNH new hire data set, 

States have the option to match against 

the quarterly wage and unemployment 

insurance data sets at their own 

discretion. Because the timeliness of 

quarterly wage and quarterly 

unemployment insurance data may not 

provide a true benefit to the State 

agency in determining eligibility and 

benefit levels, this rule only requires 

that States match against NDNH new 

hire data at minimum. 

Data matching has provided many 

positive results for the efficient and 

effective administration of the program. 

However, it has come to the attention of 

FNS that there has been some confusion 

regarding reporting systems and 

integrity provisions for SNAP, 

specifically with regard to simplified 

reporting. Therefore, FNS wishes to 

clarify that in addition to the 

requirements of these integrity 

provisions, State agencies are also 

expected to comply with the 

requirements of the reporting system 

applicable to SNAP households 

provided at 7 CFR 273.12. State options 

for action on reported changes during 

the certification period must be 

followed, even for required data 

matches. 

Data received through NDNH is not 

considered verified upon receipt. 

Consistent with requirements set forth 

in the Privacy Act (5 U.S.C. 552a(p)) and 

in SNAP regulation at 7 CFR 272.12(c), 

the State agency may not take any 

adverse action to terminate, deny, 

suspend, or reduce benefits to an 

applicant or SNAP recipient based on 

information provided by the NDNH 

unless the match information has been 

independently verified and a Notice of 

Adverse Action or Notice of Denial has 

been sent to the household. The Privacy 

Act defines independent verification as 

the investigation and confirmation of 

specific information relating to an 

individual used as a basis for an adverse 

action against the individual. Should 

there be a delay in the State agency’s 

ability to verify the NDNH new hire 

match results within the required 

application processing timeline, the 

State agency is expected to continue 

processing the application without the 

requested documentation verifying the 

information. If, after either certification 

or recertification is completed, the State 

agency receives verification of 

information obtained through the NDNH 

match indicating that the household is 

ineligible or was approved for the 

incorrect benefit amount, the State 

should deny, reduce or terminate 

benefits, as applicable, and establish a 

claim to collect any benefits that were 

overpaid, in accordance with 

regulations at § 273.18. 

Change the Reporting Frequency of 

Program Activity Statement (FNS–366B) 

With this rule, FNS is also modifying 

a reporting requirement of Stte agencies 

by increasing the frequency of 

submitting a Program Activity 

Statement from an annual submission 

based on the State fiscal year to a 

quarterly submission based on the 

Federal fiscal year. Section 16(a) of the 

Food and Nutrition Act of 2008 

authorizes 50 percent Federal 

reimbursement for State agency costs to 

administer SNAP. SNAP regulations at 

7 CFR 272.2(a) require that State 

agencies plan and budget Program 

operations and establish objectives for 

the next year. The basic components of 

the State Plan of Operation are the 

Federal/State Agreement, the Budget 

Projection Statement and the Program 

Activity Statement (7 CFR 272.2(a)(2)). 

Under current regulations at 7 CFR 

272.2(c), the State agency is required to 

submit to FNS for approval a Budget 

Projection Statement (FNS–366A) which 

projects total Federal administrative 

costs for the upcoming fiscal year and 

a Program Activity Statement (FNS– 

366B) which provides Program activity 

data for the preceding fiscal year. 

Current regulations at 7 CFR 

272.2(e)(2)(ii) require State agencies to 

submit the Program Activity Statement 

to FNS no later than 45 days after the 

end of the State agency’s fiscal year, 

which is typically August 15 for most 

States. The Program Activity Statement 

was created to substantiate the costs the 

State agency expects to incur during the 

next fiscal year. It currently provides 

data on the number of SNAP 

applications the State agency processed, 

the number of fair hearings the State 

agency conducted, and the fraud control 

activities in which the State agency was 

engaged in the preceding year. FNS uses 

the data to monitor State agency activity 

levels and performance. 

While originally intended only to 

support the States’ annual SNAP budget 

request by providing a summary of State 

SNAP activities in the previous State 

fiscal year, the data reported on the 

Program Activity Statement has also 

become a vital tool for monitoring State 

operations related to application 

processing, fair hearings, and fraud 

prevention activities. The data reported 

on the Program Activity Statement 

enables FNS to identify areas that may 

need improvement and to provide more 

effective technical assistance to State 

agencies. The Agency believes an 

increase in reporting frequency will 

allow for greater and more timely access 

to Program data. It will help States, 

FNS, and other stakeholders identify 

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Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Rules and Regulations 4161 

trends, inconsistencies and 

inefficiencies earlier in each fiscal year. 

A 2014 U.S. Government Accountability 

Office (GAO) performance audit of FNS 

(GAO–14–641, Enhanced Detection 

Tools and Reporting Could Improve 

Efforts to Combat Recipient Fraud) 

concluded that State-reported data on 

anti-fraud activities are not reliable for 

ensuring Program integrity and 

assessing States’ performance. 

Additionally, the study warned that 

data inconsistencies could limit FNS’ 

ability to identify more effective and 

efficient practices for State anti-fraud 

efforts. With more current data, States 

and other interested parties will be able 

to identify gaps and areas in need of 

greater attention, and allow States to 

respond more quickly to those gaps. 

This increased responsiveness, along 

with a concurrent FNS effort to update 

and improve the reliability of the data 

collected in the Program Activity 

Statement, will help to address directly 

the concerns raised by GAO. With this 

regulation, FNS is also aligning the new 

quarterly requirement to the Federal 

fiscal year. As most SNAP data is 

reported monthly, quarterly or annually 

based on the Federal fiscal year, this 

change will improve FNS’ ability to 

conduct data analysis by using data 

collected over consistent periods of 

time. 

II. Procedural Matters 

Executive Order 12866 and 13563 

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, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This 

interim final 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 interim final 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. Pursuant to that review, 

it has been certified that this interim 

final rule would not have a significant 

impact on a substantial number of small 

entities. While there may be some 

impact on the State and local agencies 

that administer the Program in 

implementing this provision, the impact 

is not expected to be significant. 

Applicants and recipients may also be 

impacted to the extent that matching 

client information with records in the 

National Directory of New Hires may 

identify a client as ineligible for the 

Program, thus preventing them from 

Program participation. 

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 interim final 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 

The Supplemental Nutrition 

Assistance Program is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.551. For the reasons set 

forth in the Final Rule codified in 7 CFR 

part 3015, subpart V and related Notice 

(48 FR 29115, June 24, 1983), 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 13132. 

The Department has considered the 

impact of this interim final rule on State 

and local governments and has 

determined that this rule does not have 

federalism implications. Therefore, 

under section 6(b) of the Executive 

Order, a federalism summary is not 

required. 

Executive Order 12988, Civil Justice 

Reform 

This interim final 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 interim final 

rule in accordance with USDA 

Regulation 4300–4, ‘‘Civil Rights Impact 

Analysis,’’ to identify any major civil 

rights impacts the rule might have on 

Program participants on the basis of age, 

race, color, national origin, sex or 

disability. After a careful review of the 

rule’s intent and provisions, FNS has 

determined that this rule is not expected 

to affect the participation of protected 

individuals in SNAP. 

Executive Order 13175 

This rule has been reviewed in 

accordance with the requirements of 

Executive Order 13175, ‘‘Consultation 

and Coordination with Indian Tribal 

Governments.’’ Executive Order 13175 

requires Federal agencies to consult and 

coordinate with tribes on a governmentto-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 

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4162 Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Rules and Regulations 

between the Federal Government and 

Indian tribes or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

FNS has assessed the impact of this 

rule on Indian tribes and determined 

that this rule does not, to our 

knowledge, have tribal implications that 

require tribal consultation under E.O. 

13175. On February 18, 2015, the 

agency held a webinar for tribal 

participation and comments. If a Tribe 

requests consultation, FNS will work 

with the Office of Tribal Relations to 

ensure meaningful consultation is 

provided where changes, additions and 

modifications identified herein are not 

expressly mandated by Congress. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. Chap. 35; 5 CFR part 1320) 

requires the Office of Management and 

Budget (OMB) approve all collections of 

information by a Federal agency before 

they can be implemented. Respondents 

are not required to respond to any 

collection of information unless it 

displays a current valid OMB control 

number. 

In accordance with the Paperwork 

Reduction Act of 1995, this interim final 

rule contains information collections 

that are subject to review and approval 

by the Office of Management and 

Budget; therefore, FNS is submitting an 

information collection under 0584– 

NEW, which contains the burden 

information in the rule for OMB’s 

review and approval. These changes are 

contingent upon OMB approval under 

the Paperwork Reduction Act of 1995. 

When the information collection 

requirements have been approved, the 

Department will publish a separate 

action in the Federal Register 

announcing OMB’s approval. Once 

approved the new provisions in this 

rule and the burden requirement 

associated with the National Directory 

of New Hires will be merged into the 

existing information collection for 

Supplemental Nutrition Assistance 

Program (SNAP) Forms: Applications, 

Periodic Reporting, Notices, OMB 

Control Number #0584–0064, expiration 

date 4/30/2016, which is currently 

under revision. New provisions and 

burden requirements in this rule 

associated with the Program Activity 

Statement (FNS–366B) will be merged 

into the existing information collection 

for the Food and Nutrition Service Food 

Programs Reporting System (FPRS), 

OMB Control Number #0584–0594, 

expiration date 6/30/2017, which is 

currently under revision. 

Comments on this interim final rule 

must be received by March 28, 2016. 

Send comments to Office of 

Information and Regulatory Affairs, 

OMB, Attention: Desk Officer for FNS, 

Washington, DC 20403. Please also send 

a copy of your comments to Jane 

Duffield, Food and Nutrition Service, 

U.S. Department of Agriculture, 3101 

Park Center Drive, Alexandria, VA 

22302. For further information, or for 

copies of the information collection, 

please contact Jane Duffield at the above 

address. 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology. 

All responses to this notice will be 

summarized and included in the request 

for OMB approval. All comments will 

also become a matter of public record. 

Title: Supplemental Nutrition 

Assistance Program: Requirement for 

National Directory of New Hires 

Employment Verification and Annual 

Program Activity Reporting. 

OMB Number: 0584—NEW. 

Expiration Date: N/A. 

Type of Request: New Collection. 

Abstract: This rule codifies section 

4013 of the Agricultural Act of 2014, 

requiring State agencies to access 

employment data through the National 

Directory of New Hires (NDNH) at the 

time of certification, including 

recertification, to determine eligibility 

status and correct benefit amount for 

SNAP applicants. This rule also amends 

regulations at 7 CFR 272.2 to increase 

the frequency of the requirement for 

State agency submission of the Program 

Activity Statement from an annual 

requirement based on the State fiscal 

year to a quarterly requirement, unless 

otherwise directed by FNS, based on the 

Federal fiscal year. 

272.2—Program Activity Statement 

(FNS–366B) 

State agencies are required to submit 

(quarterly) to FNS a Program Activity 

Statement (FNS–366B) providing a 

summary of Program activity for the 

State agency’s operations during the 

previous reporting period. The activity 

report provides data on the number of 

applications processed, number of fair 

hearings and fraud control activity. FNS 

uses the data to monitor State agency 

activity levels and performance. 

272.16—National Directory of New 

Hires 

Applicant and Recipient Screening: 

The State agency must compare 

identifiable information about each 

adult household member against 

information from the NDNH. States 

must make the comparison of matched 

data at the time of application and 

recertification and must independently 

verify any positive match results. 

Verification of Match: The State 

agency must independently verify the 

information prior to taking any adverse 

action against an individual. Should the 

State agency receive employment 

information via the NDNH that was 

previously unreported by the 

household, the State agency may issue 

a Request for Contact to the household 

to verify the information or contact the 

employer directly, depending upon 

applicable reporting requirements as 

defined at 7 CFR 273.12. 

Notice: The Notice of Adverse Action 

or Notice of Denial is issued by State 

agencies to participating households 

whose benefits will be reduced or 

terminated as the result of a change in 

household circumstances. Should the 

State agency independently verify 

unreported or underreported income 

discovered through NDNH, and that 

income results in a reduction of benefits 

or change in eligibility, the State agency 

must take action by issuing the 

household a Notice of Adverse Action 

or Notice of Denial and adjusting 

benefits accordingly. 

Burden Estimates: Out of the 

251,482.35 hours requested for this new 

information collection request and after 

OMB’s approval, FNS will merge the 

total reporting burden estimates into 

0584–0064 are 249,252.64 burden hours 

& 12,276,992 total annual responses; 

and, the total reporting burden into 

0584–0594 is 2,229.71 burden hours and 

159 total annual responses. After 

approval into these existing collection 

packages and there are no recordkeeping 

requirements with these new or 

changing provisions. 

See the burden breakdown by affected 

public below. After OMB approval of 

this information collection request, the 

program plans to publish another notice 

in the Federal Register announcing 

OMB’s approval. 

Respondents: State and local agencies, 

households. 

Estimated Number of Respondents: 

891,125. 

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Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Rules and Regulations 4163 

Estimated Number of Responses per 

Respondent: 13.78. 

Estimated Total Annual Burden on 

Respondents: 252,432.64 hours. See the 

table below for estimated total annual 

burden for each type of respondent. 

STATE AGENCIES

CFR Action Number of 

respondents 

Frequency 

per 

respondent 

Total annual 

responses 

Burden hours 

per response 

Total 

burden 

hours 

Previous 

submission 

total hours 

Difference 

due to 

program 

changes 

Difference 

due to 

adjustments 

272.2 ......... Program Activity Statement 

(FNS 366B).

53 4 212 15 3,180 950.29 2,229.71 0.00 

272.16 ....... NDNH—Applicant/Recipient 

Screening.

53 1 9,158,240 0.017 155,690.08 0.00 155,690.08 0.00 

272.16 ....... NDNH—Verification of Match 53 1 1,237,600 0.03 37,128 0.00 37,128.00 0.00 

272.16 ....... NDNH—Notice of Adverse 

Action or Notice of Denial.

53 1 495,040 0.03 14,851.20 0.00 14,851.20 0.00 

Total .. ............................................... 53 .................... 10,891,092 0.019359792 210,849.28 950.29 209,898.99 0.00 

HOUSEHOLDS

CFR Action Number of 

respondents 

Frequency 

per 

respondent 

Total annual 

responses 

Burden 

hours per 

response 

Total 

burden 

hours 

Previous 

submission 

total hours 

Difference 

due to 

program 

changes 

Difference 

due to 

adjustments 

272.16 ....... NDNH—Request for Contact 891,072 1 891,072 0.03 26,732.16 0.00 26,732.16 0.00 

272.16 ....... NDNH—Notice of Adverse 

Action or Notice of Denial.

495,040 1 495,040 0.03 14,851.20 0.00 14,851.20 0.00 

Total .. ............................................... 891,072 .................... 1,386,112 0.03 41,583.36 0.00 41,583.36 0.00 

E-Government Act Compliance 

The Department is committed to 

complying with the E-Government Act 

of 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 272 

Civil rights, Supplemental Nutrition 

Assistance Program, Grant programs— 

social programs, Reporting and 

recordkeeping requirements. 

Accordingly, 7 CFR part 272 is 

amended as follows: 

PART 272—REQUIREMENTS FOR 

PARTICIPATING STATE AGENCIES 

■ 1. The authority citation for part 272 

continues to read as follows: 

Authority: 7 U.S.C. 2011–2036. 

■ 2. In § 272.2, revise paragraphs 

(c)(1)(ii) and (e)(2)(ii) to read as follows: 

§ 272.2 Plan of operation. 

* * * * * 

(c) * * * 

(1) * * * 

(ii) The Program Activity Statement, 

to be submitted quarterly (unless 

otherwise directed by FNS), solicits a 

summary of Program activity for the 

State agency’s operations during the 

preceding reporting period. 

* * * * * 

(e) * * * 

(2) * * * 

(ii) The Program Activity Statement 

shall be submitted quarterly (unless 

otherwise directed by FNS) based on the 

Federal fiscal year. 

* * * * * 

■ 3. Add § 272.16 to read as follows: 

§ 272.16 National Directory of New Hires. 

(a) General. Each State agency shall 

establish a system to verify applicant 

employment data for the determination 

of SNAP eligibility and correct benefit 

amount. 

(b) Data source. States shall use the 

U.S. Department of Health and Human 

Service (HHS) National Directory of 

New Hires (NDNH) and enter into a 

computer matching agreement with 

HHS pursuant to the authority in 42 

U.S.C. 653(j)(10). 

(c) Use of match data. In accordance 

with the procedural requirements and 

privacy protections required for 

computer data matching at 5 U.S.C. 

552a(p), States shall provide a system 

for: 

(1) Comparing identifiable 

information about each adult household 

member against data from the NDNH. 

States must, at minimum, match 

household members against new hire 

data available in the database. States 

shall make the comparison of matched 

data at the time of application and 

recertification. 

(2) The reporting of instances where 

there is a match; 

(3) The independent verification of 

match hits to determine their accuracy; 

(4) Notice to the household of match 

results; 

(5) An opportunity for the household 

to respond to the match prior to an 

adverse action to deny, reduce, or 

terminate benefits; and 

(6) The establishment and collection 

of claims as appropriate. 

Dated: January 14, 2016. 

Audrey Rowe, 

Administrator, Food and Nutrition Service. 

[FR Doc. 2016–01402 Filed 1–25–16; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2015–1281; Directorate 

Identifier 2014–NM–241–AD; Amendment 

39–18346; AD 2015–25–08] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting an 

airworthiness directive (AD) that 

published in the Federal Register. That 

AD applies to all The Boeing Company 

Model 777 airplanes. Paragraph (i)(4) of 

the regulatory text contains a reference 

to a nonexistent paragraph. This 

mstockstill on DSK4VPTVN1PROD with RULES