Unknown. Final rule

5,088 words·~23 min read·/register/2010/12/15/2010-31459·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2010-12-15.xml --- 75 240 Wednesday, December 15, 2010 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Privacy Act; Systems of Records, 78203-78207 2010-31400 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service See Rural Business-Cooperative Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 78268 2010-31401 Animal Animal and Plant Health Inspection Service NOTICES Pest Risk Analysis for the Importation of Fresh Rambutan Fruit from Malaysia and Vietnam; Availability, 78207-78208 2010-31461 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2012 Economic Census Classification Report for Construction, Manufacturing, and Mining Sectors, etc., 78213-78214 2010-31385 Center for Economic Studies Research Proposal Process and Project Management, 78212-78213 2010-31471 Questionnaire for Building Permit Official, 78211-78212 2010-31466 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 78246 2010-31427 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare Program: Re-chartering of Advisory Panel on Ambulatory Payment Classification Groups, 78246-78247 2010-31372 Meetings: Medicare Program; Physician Quality Reporting System, 78247-78249 2010-31301 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Annisquam River and Blynman Canal, Gloucester, MA, 78163-78164 2010-31407 Mystic River, Mystic, CT, 78163 2010-31409 Upper Mississippi River, Clinton, IA, 78162-78163 2010-31408 Commerce Commerce Department See Census Bureau See Economic Development Administration See Industry and Security Bureau See International Trade Administration See Minority Business Development Agency See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2010-31406 78210-78211 2010-31464 Privacy Act; Systems of Records, 78211 2010-31422 Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Information Management Requirements for Derivatives Clearing Organizations, 78185-78197 2010-31131 Defense Department Defense Department See Navy Department Economic Development Economic Development Administration NOTICES Petitions for Determination of Eligibility to Apply for Trade Adjustment Assistance, 78214-78215 2010-31444 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 78230-78231 2010-31503 Supplemental Priorities for Discretionary Grant Programs, 78486-78511 2010-31189 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Management of Energy and Water Efficiency in Federal Buildings; Guidance Availability, 78231 2010-31467 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans:

Milwaukee-Racine and Sheboygan Areas, WI; Determination of Attainment of 1997 8-hour Ozone Standard, 78164-78167 2010-31339 Revisions to Arizona State Implementation Plan: Maricopa County, 78167-78168 2010-31331 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans: Milwaukee-Racine and Sheboygan Areas, WI; Determination of Attainment of 1997 8-hour Ozone Standard, 78197-78198 2010-31341 Final Policy on Consultation and Coordination with Indian Tribes, 78198-78202 2010-31332 Protection of Stratospheric Ozone:

Amendments to the Section 608 Leak Repair Requirements, 78558-78585 2010-31337 NOTICES Access to Confidential Business Information: Science Applications International Corp. and Its Identified Subcontractors, 78238-78239 2010-31492 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Confidentiality Rules, 78239-78240 2010-31481 Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 78240-78243 2010-31218 Registration Review Final Decisions;

Availability: Propionic Acid and Salts, Urea Sulfate, Methidathion, and Methyl Parathion, 78243-78244 2010-31338 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Cessna Aircraft Co. Model 172 Airplanes Modified by Supplemental Type Certificate SA01303WI, 78177-78179 2010-31428 Federal Communications Federal Communications Commission RULES Amateur Service Rules, 78169-78172 2010-31349 NOTICES Meetings: Emergency Access Advisory Committee;

Establishment and Members and Co-Chairpersons, 78244-78245 2010-31513 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Dodge Mill Realty, LLC, 78235-78236 2010-31418 Lock+ Hydro Friends Fund XLII, FFP Missouri 10, LLC, and Braddock Hydro, LLC, 78232-78233 2010-31413 Lock+ Hydro Friends Fund XLVII, FFP Missouri 16, LLC, Solia 7 Hydroelectric, LLC, et al., 78236-78237 2010-31415 Lock+ Hydro Friends Fund XXXIV, FFP Missouri 5, LLC, and Solia 2 Hydroelectric, LLC, et al., 78234 2010-31414 Lock+ Hydro Friends Fund XXXVI, FFP Missouri 8, LLC, et al., 78231-78232 2010-31411 Lock+ Hydro Friends Fund XXXVII, FFP Missouri 6, LLC, and Solia 1 Hydroelectric, LLC, 78233 2010-31412 Lock+ Hydro Friends Fund XXXVIII, FFP Missouri 12, LLC, Allegheny 2 Hydro, LLC, et al., 78234-78235 2010-31416 Pennamaquan Tidal Power, LLC, 78236 2010-31417 Proposed Restricted List for Managing Properties Included or Eligible for National Register of Historic Places:

Uniontown Hydro, LLC and Newburgh Hydro, LLC, 78237-78238 2010-31419 Federal Highway Federal Highway Administration NOTICES Buy America Waivers, 78339-78340 2010-31421 Final Federal Agency Actions on Proposed Highway in Nevada, 78340 2010-31424 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 78245 2010-31496 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 78245 2010-31462 Federal Trade Federal Trade Commission PROPOSED RULES Telemarketing Sales Rule, 78179-78185 2010-31390 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants:

Revised Critical Habitat for the Prebles Meadow Jumping Mouse in Colorado, 78430-78483 2010-30571 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Petition to List Astragalus microcymbus and Astragalus schmolliae as Endangered or Threatened, 78514-78556 2010-31225 Food and Drug Food and Drug Administration RULES Uniform Compliance Date for Food Labeling Regulations, 78155-78156 2010-31382 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Experimental Study of Patient Information Prototypes, 78252-78256 2010-31388 Generic Food and Drug Administration Rapid Response Surveys, 78251-78252 2010-31381 Guidance for Industry on Citizen Petitions and Petitions for Stay of Action Subject to Section 505(q) of Federal Food, Drug, and Cosmetic Act, 78249-78251 2010-31380 Institutional Review Boards, 78252 2010-31389 Public Health Notification Readership Survey, 78256-78257 2010-31387 Voluntary Cosmetic Registration Program, 78257-78259 2010-31386 Draft Guidance for Industry;

Availability: Codevelopment of Two or More Unmarketed Investigational Drugs for Use in Combination, 78259 2010-31426 Statements of Organization, Functions and Delegations of Authority, 78259-78262 2010-31383 Food and Nutrition Food and Nutrition Service RULES Supplemental Nutrition Assistance Program: Clarifications and Corrections to Recipient Claim Establishment and Collection Standards, 78151-78154 2010-31459 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.:

Black Hills National Forest, Northern Hills Ranger District; South Dakota; Steamboat Project, 78208-78209 2010-31443 Meetings: Black Hills National Forest Advisory Board, 78209 2010-31431 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: HUD Conditional Commitment/Direct Endorsement Statement of Appraised Value, 78265-78266 2010-31511 Mortgage Record Change, 78265 2010-31506 Industry Industry and Security Bureau RULES Updated Statements of Legal Authority to Reflect Continuation of Emergency Declared in Executive Order 12938, 78154-78155 2010-31488 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service RULES Farmer and Fisherman Income Averaging, 78157-78160 2010-31497 Requirement of a Statement Disclosing Uncertain Tax Positions, 78160-78161 2010-31576 International Trade Adm International Trade Administration NOTICES Limitation of Duty-free Imports of Apparel:

Articles Assembled in Haiti under the Haitian Hemispheric Opportunity Through Partnership for Encouragement Act, 78215-78216 2010-31518 Preliminary Results of Antidumping Duty Administrative Review: Certain Circular Welded Non-Alloy Steel Pipe from Mexico, 78216-78223 2010-31517 Preliminary Results of Countervailing Duty Changed Circumstances Review and Intent to Revoke, In Part: Certain Pasta from Italy, 78223-78224 2010-31494 International Trade Com International Trade Commission NOTICES Complaints:

Certain Starter Motors and Alternators, 78266-78267 2010-31395 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Justice Programs Office NOTICES Extension of Public Comment Period on Proposed Consent Decrees, 78267 2010-31394 Lodging of Consent Decrees Under the Clean Air Act, 78267-78268 2010-31392 Justice Programs Justice Programs Office NOTICES Draft NIJ Selection and Application Guides: Ballistic-Resistant Body Armor for Law Enforcement, Corrections, and Public Safety, 78268-78269 2010-31473 Vehicular Digital Multimedia Evidence Recording System Standard for Law Enforcement, 78269 2010-31486 Labor Department Labor Department See Workers Compensation Programs Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Telephone Point of Purchase Survey, 78269-78270 2010-31404 Land Land Management Bureau NOTICES Filing of Plats of Survey: Oregon/Washington, 78266 2010-31430 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 78270-78271 2010-31645 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78340-78341 2010-31396 Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Reports, Forms and Recordkeeping Requirements, 78341 2010-31402 Minority Business Minority Business Development Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Survey of Minority-Owned Business Participation, Opportunities and Barriers to Global Commerce, 78225 2010-31398 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Building for Environmental and Economic Sustainability

(BEES)Please, 78225-78226 2010-31423 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Exclusive Economic Zone Off Alaska: Groundfish Retention Standard; Emergency Rule, 78172-78176 2010-31531 Fisheries off West Coast States; Pacific Coast Groundfish Fishery Management Plan: Amendments 20 and 21; Trawl Rationalization Program, 78344-78427 2010-30527 NOTICES Endangered and Threatened Species: Take of Anadromous Fish, 78226-78227 2010-31519 Meetings: Science Advisory Board, 78227 2010-31399 Permits: Endangered Species (File No. 14400), 78227-78228 2010-31520 Takes of Marine Mammals Incidental to Specified Activities: Columbia River Crossing Project, Washington and Oregon, 78228-78229 2010-31528 Navy Navy Department NOTICES Record of Decision for the U.S. Marine Corps East Coast Basing of F-35B Aircraft, 78229 2010-31469 Record of Decision for the U.S. Marine Corps West Coast Basing of F-35B Aircraft, 78229-78230 2010-31468 Pension Benefit Pension Benefit Guaranty Corporation RULES Allocation of Assets in Single-Employer Plans: Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits, 78161-78162 2010-31616 Personnel Personnel Management Office NOTICES Privacy Act; Systems of Records, 78271 2010-31555 Rural Business Rural Business-Cooperative Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for Revision of Currently Approved Information Collection, 78209-78210 2010-31493 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 78315-78316, 78327-78328 2010-31450 2010-31472 BATS Y-Exchange, Inc., 78328-78330 2010-31448 Chicago Board Options Exchange, Inc., 78278-78279, 78282-78285, 78306-78307 2010-31436 2010-31437 2010-31447 2010-31479 Chicago Stock Exchange, Inc., 78279-78281, 78310-78312 2010-31449 2010-31475 EDGA Exchange, Inc., 78313-78315, 78318-78319, 78334-78335 2010-31433 2010-31434 2010-31491 EDGX Exchange, Inc., 78271-78274, 78319-78320 2010-31432 2010-31435 2010-31490 Financial Industry Regulatory Authority, Inc., 78277-78278, 78316-78318 2010-31445 2010-31480 International Securities Exchange, LLC, 78275-78277, 78288-78290, 78301-78302 2010-31441 2010-31456 2010-31484 NASDAQ OMX BX, 78312-78313 2010-31474 NASDAQ OMX BX, Inc., 78299-78300 2010-31452 NASDAQ OMX PHLX LLC, 78286-78288, 78296-78299, 78304-78306, 78320-78327 2010-31453 2010-31454 2010-31457 2010-31482 2010-31487 NASDAQ Stock Market LLC, 78281-78282, 78300-78304 2010-31451 2010-31483 2010-31485 National Stock Exchange, Inc., 78330-78331 2010-31446 New York Stock Exchange LLC, 78274-78275, 78309-78310 2010-31439 2010-31477 NYSE Amex LLC, 78307-78309, 78333-78334 2010-31440 2010-31478 NYSE Arca, Inc., 78285-78286, 78290-78295, 78331-78332 2010-31442 2010-31455 2010-31470 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations: Thomas Lawrence; Regency Power and Brilliance, 78335-78336 2010-31499 Designations as Foreign Terrorist Organization: Gamaa al-Islamiyya (IG and Other Aliases), 78336 2010-31348 Finding of No Significant Impact from the Expansion, Renovation, etc.: Nogales Mariposa Commercial Mariposa Commercial and Pedestrian Border Crossing, 78336-78338 2010-31502 Meetings: President's Emergency Plan for AIDS Relief Scientific Advisory Board, 78338 2010-31498 United States-Oman Joint Forum on Environmental Cooperation, 78338-78339 2010-31504 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Transportation Security Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Airport Federalization, 78262-78263 2010-31532 Treasury Treasury Department See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78263-78265 2010-31500 2010-31501 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Division of Longshore and Harbor Workers' Compensation, 78270 2010-31295 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 78344-78427 2010-30527 Part III Interior Department, Fish and Wildlife Service, 78430-78483 2010-30571 Part IV Education Department, 78486-78511 2010-31189 Part V Interior Department, Fish and Wildlife Service, 78514-78556 2010-31225 Part VI Environmental Protection Agency, 78558-78585 2010-31337 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 240 Wednesday, December 15, 2010 Rules and Regulations DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Parts 271, 272, 273, and 276 [FNS-2008-0034] RIN 0584-AD25 Supplemental Nutrition Assistance Program (SNAP): Clarifications and Corrections to Recipient Claim Establishment and Collection Standards AGENCY: Food and Nutrition Service, USDA. ACTION: Final rule. SUMMARY: Supplemental Nutrition Assistance Program

(SNAP)recipient claims are established and collected against households that receive more benefits than they are entitled to receive. This rulemaking corrects and clarifies provisions of the final rule on recipient claims published at 65 FR 41752 on July 6, 2000. The purposes of this final rulemaking are to remove a definition and several provisions that were made obsolete by the final rule; correct the typographical errors; correct the omission of the requirement that a copy of the claims management plan be submitted to the FNS Regional Office for informational purposes; reinforce current practices and requirements in the areas of fair hearings, fees, due dates, delinquent claims, retention, claim referrals, negligence and fraud; make conforming changes needed as a result of a subsequent rulemaking pertaining to a sponsor's responsibility for overissuances of an alien household; and to remove an overpayment exception that is no longer applicable to the Program. DATES: This rule is effective January 14, 2011. FOR FURTHER INFORMATION CONTACT: Jane Duffield, State Administration Branch, Program Accountability and Administration Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, Room 818, Alexandria, Virginia 22302. Telephone:

(703)605-4385. Internet: *jane.duffield@fns.usda.gov.* SUPPLEMENTARY INFORMATION: On April 2, 2009 (74 FR 14935), the Department published a proposed rule clarifying and correcting provisions of the final rule on recipient claims published at 65 FR 41752, July 6, 2000. One comment was received on the proposed rule. The comment addressed fair hearing and due process rights of recipients who are subject to a claim. Because these issues are not being considered in this rulemaking, we have not addressed the comment in this final rule. Therefore, without exception, the Department is adopting the proposed rule as final. I. Procedural Matters Executive Order 12866 This final rule has been determined to be not significant and was not reviewed by the Office of Management and Budget under Executive Order 12866. Regulatory Flexibility Act This rule has been reviewed with regard to the requirements of the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612). It has been certified that this rule will not have a significant impact on a substantial number of small entities. State and local welfare agencies will be the most affected to the extent that they administer the Program. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995, Public Law 104-4 (UMRA), 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 UMRA, FNS generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with Federal mandates that may result in expenditures to State, local, or Tribal governments, in the aggregate, or to 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 FNS to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, more cost-effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no 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. This rule is therefore, not subject to the requirements of sections 202 and 205 of the UMRA. Executive Order 12372 SNAP is listed in the Catalog of Federal Domestic Assistance under No. 10.551. For the reasons set forth in the final rule in 7 CFR part 3015, Subpart V and related Notice (48 FR 29,115, June 24, 1983), this Program is excluded from the scope of Executive Order 12372 that requires intergovernmental consultation with State and local officials. Executive Order 13132 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. FNS has considered this rule's impact on State and local agencies and has determined that it does not have federalism implications under Executive Order 13132. Executive Order 12988 This 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 implementation. As addressed in the Dates paragraph, with the exception of providing an informational copy of the claims management plan, the provisions are already in force. Prior to any judicial challenge to the provisions of this rule or the application of its provisions, all applicable administrative procedures must be exhausted. Civil Rights Impact Analysis FNS has reviewed this final rule in accordance with the Department Regulation 4300-4, “Civil Rights Impact Analysis,” to identify and address any major civil rights impacts the rule might have on minorities, women, and persons with disabilities. After a careful review of the rule's intent and provisions, and the characteristics of SNAP households and individual participants, FNS has determined that there are no civil rights impacts in this final rule. All data available to FNS indicate that protected individuals have the same opportunity to participate in SNAP as non-protected individuals. FNS specifically prohibits the State and local government agencies that administer the Program from engaging in actions that discriminate against any application or participant in any aspect of Program administration, including, but not limited to, the certification of households, the issuance of benefits, the conduct of fair hearings, or the conduct of any other Program service for reasons of age, race, color, sex, handicap, religious creed, national origin, or political beliefs. SNAP nondiscrimination policy can be found at 7 CFR 272.6(a). Discrimination in any aspect of Program administration is prohibited by these regulations, the Food and Nutrition Act of 2008, the Age Discrimination Act of 1975 (Pub. L. 94-135), the Rehabilitation Act of 1973 (Pub. L. 93-112, section 504), and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d)). Where State agencies have options, and they choose to implement a certain provision, they must implement it in such a way that it complies with the regulations at 7 CFR 272.6. Enforcement action may be brought under any applicable Federal law. Title VI complaints shall be processed in accord with 7 CFR part 15. Executive Order 13175 USDA will undertake, within 6 months after this rule becomes effective, a series of Tribal consultation sessions to gain input by elected Tribal officials or their designees concerning the impact of this rule on Tribal governments, communities and individuals. These sessions will establish a baseline of consultation for future actions, should any be necessary, regarding this rule. Reports from these sessions for consultation will be made part of the USDA annual reporting on Tribal Consultation and Collaboration. USDA will respond in a timely and meaningful manner to all Tribal government requests for consultation concerning this rule and will provide additional venues, such as webinars and teleconferences, to periodically host collaborative conversations with Tribal leaders and their representatives concerning ways to improve this rule in Indian country. The policies contained in this rule would not have Tribal implications that preempt Tribal law. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; *see* 5 CFR part 1320) requires that the Office of Management and Budget

(OMB)approve all collections of information by a Federal agency from the public 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. Information collections in this final rule have been previously approved under OMB Nos. 0584-0069, expiration date 8/2012, 0584-0446, expiration date 2/2013 and 0584-0492, expiration date 7/2011. FNS-209 Report (OMB No. 0584-0069) Claims activity is reported by State agencies on the Status of Claims Against Households (FNS-209) report. The OMB approved the information collection requirements for completing and submitting the FNS-209 report under OMB Control Number 0584-0069. This rule does not change this burden. Federal Collection Methods for Supplemental Nutrition Assistance Program Recipient Claims (0584-0446) The information collection burden for Federal collections of recipient claims is covered under OMB Control Number 0584-0446. This rule makes some changes to those requirements. This rule does not change this burden. Repayment Demand and Program Disqualification (0584-0492) The burden associated with providing notice and demand for payment to households has been approved under OMB Control Number 0584-0492. This rule does not change this burden. E-Government Act Compliance FNS is committed to compliance with the E-Government Act of 2002 (Pub. L. 107-347) (E-Gov), 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 to the extent possible. II. Background Prior to the July 6, 2000 final rule, the last major revision to the SNAP recipient claim regulations was in 1983. The July 6, 2000 final rule accomplished several specific objectives while updating the SNAP recipient claims regulations. First, it incorporated changes mandated by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. 104-193). Second, it streamlined the presentations of our policies, and in some cases, the policies themselves. Third, it incorporated Federal debt management regulations and statutory revisions into recipient claim management. Finally, that rule provided State agencies with additional tools to facilitate the establishment, collections and disposition of recipient claims. Purpose of this Rule This rulemaking corrects and clarifies provisions of the July 6, 2000 final rule on recipient claims published at 65 FR 41752, July 6, 2000. This rule does not create new standards for establishing and collecting SNAP recipient claims. Rather, consistent with what we indicated in our proposals, this rulemaking clarifies areas of the final rule, as published, to reflect longstanding policy. Additionally, this rule makes minor technical changes and corrects typographical errors. With this final rule we continue to improve claims management in SNAP while affirming our longstanding position that State agencies have a great amount of flexibility in their efforts to increase claim collection. Areas of Policy Clarification The following policy areas are being clarified in this rulemaking: fair hearings, fees, due dates, delinquency date, retention of collections, and claim referral timeframes. All of these policy areas fall within 7 CFR 273.18. Claims and Fair Hearings Section 11(e)(10) of the Food and Nutrition Act of 2008, as amended (7 U.S.C. 2020(e)(10)) specifically provides for a fair hearing when a claim for an over issuance is established against a household. We are concerned that the omission of the word “fair” in paragraphs 273.18(e)(3)(iii) and 273.18(e)(3)(iv)(I) could inadvertently deprive a household of its due process rights. Therefore, we are adding the word “fair” into the regulatory text. By adding this text, we are affirming the household's right to a fair hearing. Due Dates In accordance with paragraph 273.18(e)(3)(iv), when a claim is established, the State issues an initial notification letter or demand letter to the household. Among other things, current rules require that the initial notification letter include a due date or time frame to either repay or make arrangements to repay the claim unless the State agency is going to impose allotment reduction. However, we recognize that households that may initially repay their claims through allotment reduction may at some point cease to receive benefits. In order to ensure that all households are treated fairly, we expect that these households will be notified of a due date or time frame to either repay or make arrangements to repay the claim should they cease to receive benefits while they have an outstanding claim. Therefore, we are adding new language at paragraph 273.18(e)(3)(iv)(O) that reinforces this expectation that all households be notified of a due date in the initial notification letter. Delinquency Date FNS is required by the Debt Collection Improvement Act of 1996 (Pub. L. 104-134), to submit eligible SNAP recipient debts to the Treasury Offset Program

(TOP)for collection. One of the requirements is that a SNAP recipient debt must be at least 180 days delinquent in order to be submitted to TOP. We consider the starting point for counting the 180 days to be the delinquency date. We intend that the delinquency date, once established, remain the same throughout the existence of the claim. The change in regulatory text contained in this rulemaking at paragraph 273.18(e)(5)(iii) emphasizes that post-delinquency repayment agreements do not alter the delinquency date. Retention of Claims Section 16(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2024(a)) permits States to retain 35 percent collected for Intentional Program Violation

(IPV)claims and 20 percent for Inadvertent Household Error

(IHE)claims. We are adding provisions at paragraph 273.18(k)(2) to clarify that there is no retention by the State in situations where payments are not returned to the State because the household is ordered by a court to perform community service in lieu of a claim or in situations where payments made to a court are not forwarded to the State. This was inadvertently not addressed in the July 6, 2000, rulemaking. Claim Referral and Establishment Under the Claim Referral Management section at paragraph 273.18(d), State agencies have a standard timeframe for establishing claims. These timeframes are intended to be used primarily as a management tool by States to prevent the backlog of claims and to reinforce our expectation that States run an efficient and effective claims management system. States have always had the option to develop and follow their own claims referral management plan. We do not consider recipient claims that have been established outside of these timeframes invalid claims. However, claims that are established timely have a better chance of being collected. Therefore, we are adding a paragraph at paragraph 273.18(d)(3) that clarifies FNS's position that States must establish SNAP recipient claims even if they cannot be established within the referral management timeframes outlined in paragraph 273.18(d). Additional Actions of this Regulation Other final actions included in this rule are corrections as a result of typographical errors and changes that were neglected at the time of the July 6, 2000 rulemaking; removal of the definition for “Claims Collection Point”' from § 271.2 because the term is no longer used; addition of the requirement at paragraph 272.2(d)(1)(x) for State agencies to submit an informational copy of the claims management plan to the FNS regional office; changes to conform paragraph 273.18(a)(4) to subsequent changes made by the November 21, 2000 (65 FR 70134) final regulation on sponsored aliens, which eliminated the sponsor's liability for overpayments of the alien household's benefits; and removal of the exception to overpayments caused by households transacting Authorization to Participate

(ATP)cards, as they are no longer used in the Program. List of Subjects 7 CFR Part 271 SNAP, Grant programs—social programs, Reporting and recordkeeping requirements. 7 CFR Part 272 Alaska, Civil rights, SNAP, Grant programs—social programs, Reporting and recordkeeping requirements. 7 CFR Part 273 Administrative practice and procedure, Aliens, Claims, SNAP, Fraud, Grant programs—social programs, Penalties, Reporting and recordkeeping requirements, Social Security, Students. 7 CFR Part 276 Administrative practice and procedure, SNAP, Fraud, Grant programs—social programs. Accordingly, 7 CFR parts 271, 272, 273, and 276 are amended as follows: 1. The authority citation for parts 271, 272, 273 and 276 continues to read as follows: Authority: 7 U.S.C. 2011 through 2036. PART 271—GENERAL INFORMATION AND DEFINITIONS § 271.2 [Amended] 2. In § 271.2, remove the definition for “Claims Collection Point”. PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES 3. In § 272.2 revise paragraph (d)(1)(x) to read as follows. § 272.2 Plan of operation.

(d)* * *

(1)* * *

(x)Claims Management Plan as required by § 273.18(a)(3) to be submitted for informational purposes only; not subject to approval as part of the plan submission procedures under paragraph

(e)of this section. PART 273—CERTIFICATION OF ELIGIBLE HOUSEHOLDS 4. In § 273.18: a. Remove paragraph (a)(4)(ii) and redesignate (a)(4)(iii) as (a)(4)(ii); b. Amend paragraph (b)(3) by removing the last sentence; c. Amend paragraph (c)(1)(ii)(D) by removing “(e)(1)(ii)(C)” and adding in its place “(c)(1)(ii)(C)”; d. Add paragraph (d)(3); e. Amend paragraph (e)(1) by removing “(g)(2)” and adding in its place “(e)(2)”; f. Remove “a hearing” and add in its place “a fair hearing” in paragraphs (e)(3)(iii) and (e)(3)(iv)(I); g. Redesignate paragraph (e)(3)(iv)(O) as (e)(3)(iv)(P) and add a new paragraph (e)(3)(iv)(O); h. Revise the first sentence of paragraph (e)(5)(iii); i. Revise paragraph (k)(2). The additions and revisions read as follows: § 273.18 Claims against households.

(d)* * *

(3)States must establish claims even if they cannot be established within the timeframes outlined under paragraph

(d)of this section.

(e)* * *

(3)* * *

(iv)* * *

(O)If allotment reduction is to be imposed, a due date or time frame to either repay or make arrangements to repay the claim in the event that the household stops receiving benefits.

(5)* * *

(iii)The date of delinquency for a claim covered under paragraph (e)(5)(i)(B) of this section is the due date of the missed installment payment unless the claim was delinquent prior to entering into a repayment agreement, in which case the due date will be the due date on the initial notification/demand letter. * * *

(k)* * *

(2)These rates do not apply to:

(i)Any reduction in benefits when you disqualify someone for an IPV;

(ii)The value of court-ordered public service performed in lieu of the payment of a claim; or

(iii)Payments made to a court that are not subsequently forwarded as payment of an established claim. PART 276—STATE AGENCY LIABILITIES AND FEDERAL SANCTIONS § 276.2 [Amended] 5. In § 276.2, amend paragraph

(c)by removing “273.18(h)” and adding in its place “273.18(l)”. Dated: December 2, 2010. Julia Paradis, Administrator, Food and Nutrition Service. [FR Doc. 2010-31459 Filed 12-14-10; 8:45 am]

Connectionstraces to 9

Traces to 9 documents