Unknown. Final rule

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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-2011-05-12.xml --- 76 92 Thursday, May 12, 2011 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Food and Nutrition Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27633 2011-11589 Army Army Department See Engineers Corps Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Disease Centers for Disease Control and Prevention NOTICES Establishment of World Trade Center Health Program Scientific/Technical Advisory Committee, 27648-27649 2011-11698 Meetings:

Disease, Disability, and Injury Prevention and Control Special Interest Projects, 27649 2011-11683 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Commodity Credit Commodity Credit Corporation NOTICES Funds Availabilities; Extension of Application Due Date: Market Access, Foreign Market Development Cooperator, Emerging Markets, Technical Assistance for Specialty Crops, and Quality Samples Programs, 27633-27634 2011-11703 Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Capital Requirements of Swap Dealers and Major Swap Participants, 27802-27841 2011-10881 Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants, 27621-27622 2011-10880 Defense Department Defense Department See Engineers Corps NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions, 27648 2011-11609 Education Education Department NOTICES Supplemental Priorities for Discretionary Grant Programs; Corrections, 27637-27641 2011-11650 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 27641-27642 2011-11840 Employment and Training Employment and Training Administration NOTICES Negative Determinations on Reconsideration:

ASC Machine Tools, Inc., Spokane Valley, WA, 27668 2011-11639 A T and T Services, Inc., Reynoldsburg, OH, 27666 2011-11637 Chrysler, LLC, Mopar Parts Distribution Center, 27666-27667 2011-11638 Enesco, LLC, Itasco, IL, 27667-27668 2011-11640 Revised Determinations on Reconsideration: Algonac Cast Products, Inc., Algonac, MI, 27668-27669 2011-11644 Automotive Components Holdings, LLC, et al., Saline, MI, 27669 2011-11642 Termination of Investigations: Penske Logistics LLC, et al., El Paso, TX, 27669-27670 2011-11641 Wacker Neuson Corp., Menomonee Falls, WI, 27670 2011-11643 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Intent to Grant Partially Exclusive License of United States Patent:

Biogenic Template for Enhanced Sorption of Contaminants, 27636-27637 2011-11634 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans: Maryland; Adoption of Control Techniques Guidelines for Large Appliance Coatings, 27610-27613 2011-11557 Revisions to California State Implementation Plan: California Air Resources Board; Consumer Products, 27613-27614 2011-11438 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans:

Maryland; Adoption of Control Techniques Guidelines for Large Appliance Coatings, 27622 2011-11558 Approvals and Promulgations of State Implementation Plan Revisions: South Dakota, Infrastructure Requirements for 1997 8-hour Ozone National Ambient Air Quality Standards, 27622-27629 2011-11723 NOTICES Transfer of Data to Department of Homeland Security, 27642-27643 2011-11552 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Bombardier, Inc.

Model DHC-8-400 Series Airplanes, 27615-27619 2011-11604 2011-11605 Revision of Class E Airspace: Talkeetna, AK, 27619-27621 2011-11581 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification of Airports, 27742-27743 2011-11586 Certification; Pilots and Flight Instructors, 27742 2011-11579 Environmental Assessments; Availability, etc.: Proposed Airport Traffic Control Tower and Base Building, University of Illinois Willard Airport, Savoy, IL, 27743 2011-11696 Meetings:

RTCA Program Management Committee, 27743-27744 2011-11575 RTCA Special Committee 159; Global Positioning System, 27744 2011-11577 RTCA Special Committee 217; Joint with EUROCAE WG-44 Terrain and Airport Mapping Databases, 27744-27745 2011-11578 Federal Contract Federal Contract Compliance Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27670-27671 2011-11570 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings;

Sunshine Act, 27643 2011-11789 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 27642 2011-11592 Federal Maritime Federal Maritime Commission NOTICES Ocean Transportation Intermediary License; Applicants, 27643 2011-11603 Ocean Transportation Intermediary License; Reissuances, 27643-27644 2011-11606 Ocean Transportation Intermediary License; Rescissions of Orders of Revocation, 27644 2011-11600 Ocean Transportation Intermediary License; Revocations, 27644 2011-11602 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 27645 2011-11636 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 27645-27648 2011-11686 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Listing Mountain Plover as Threatened; Withdrawal, 27756-27799 2011-11056 Listing of the Altamaha Spinymussel and Designation of Critical Habitat, 27629-27632 2011-11607 NOTICES Endangered Species; Marine Mammals; Issuance of Permits, 27660 2011-11706 Endangered Species; Receipt of Applications for Permit, 27660-27661 2011-11709 Food and Nutrition Food and Nutrition Service RULES Supplemental Nutrition Assistance Program;

Civil Rights Protections for SNAP Households, 27603-27606 2011-11419 Forest Forest Service NOTICES Meetings: West Virginia Resource Advisory Committee, 27634 2011-11621 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions, 27648 2011-11609 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES HIV/AIDS Bureau Policy Notice 11-01 (Replaces Policy Notice 99-02), 27649-27651 2011-11649 Meetings:

Advisory Commission on Childhood Vaccines, 27651 2011-11648 Homeland Homeland Security Department See Transportation Security Administration See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Tribal Colleges and University Programs, 27658-27659 2011-11702 Funding Avaliability: Fair Housing Initiatives Program Enforcement Testing Technical Assistance Program;

Correction, 27659 2011-11671 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service RULES Reduction of Foreign Tax Credit Limitation Categories; Correction, 27609-27610 2011-11580 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27747-27753 2011-11587 2011-11588 2011-11590 2011-11591 2011-11593 2011-11594 2011-11595 2011-11596 2011-11598 2011-11599 International Trade Adm International Trade Administration NOTICES Countervailing Duty Changed Circumstances Reviews and Revocations, in Part;

Final Results: Certain Pasta from Italy, 27634-27636 2011-11700 International Trade Com International Trade Commission NOTICES Complaints, 27662-27663 2011-11632 Expedited Five-Year Review of Antidumping Duty Orders: Granular Polytetrafluoroethylene Resin from Italy, 27663 2011-11647 Investigations: Purified Carboxymethylcellulose From Finland, Mexico, Netherlands and Sweden, 27663-27664 2011-11635 Justice Department Justice Department NOTICES Meetings: Office on Violence Against Women, 27664-27665 2011-11656 Labor Department Labor Department See Employment and Training Administration See Federal Contract Compliance Programs Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Consumer Price Index Commodities and Services Survey, 27665 2011-11676 Land Land Management Bureau NOTICES Filing of Plats of Survey: Montana, 27661 2011-11682 Meetings: Western Montana Resource Advisory Council, 27661-27662 2011-11685 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions, 27648 2011-11609 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:

Humanities Panel, 27671 2011-11597 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 27652-27653 2011-11661 2011-11663 2011-11667 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 27651 2011-11666 Fogarty International Center, 27652 2011-11665 National Center for Complementary and Alternative Medicine, 27651 2011-11664 National Institute of Environmental Health Sciences, 27653 2011-11662 Office of Biotechnology Activities;

Recombinant DNA Research: Action Under the NIH Guidelines for Research Involving Recombinant DNA Molecules, 27653-27655 2011-11668 National Oceanic National Oceanic and Atmospheric Administration NOTICES Permits; Foreign Fishing, 27636 2011-11670 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Commerce Spectrum Management Advisory Committee, 27636 2011-11651 Research Innovative Research and Innovative Technology Administration NOTICES Request for Information:

Wireless Innovation for Transportation, 27745-27747 2011-11653 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27671-27674 2011-11625 2011-11626 2011-11627 Applications: PennantPark Investment Corp., et al., 27674-27675 2011-11622 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 27684-27687 2011-11681 BATS Y-Exchange, Inc., 27680-27683, 27694-27697 2011-11624 2011-11675 Chicago Board Options Exchange, Inc., 27687-27689, 27730-27732 2011-11583 2011-11680 Chicago Stock Exchange, Inc., 27683-27684, 27735-27737 2011-11585 2011-11674 EDGA Exchange, Inc., 27701-27702 2011-11618 EDGX Exchange, Inc., 27702-27704 2011-11617 Financial Industry Regulatory Authority, Inc., 27707-27708 2011-11614 International Securities Exchange, LLC, 27677-27678 2011-11613 NASDAQ OMX BX, Inc., 27704-27706, 27710-27730 2011-11610 2011-11616 NASDAQ OMX PHLX LLC, 27693-27694, 27732-27734 2011-11584 2011-11669 NASDAQ Stock Market LLC, 27678-27680, 27699-27701 2011-11615 2011-11619 National Stock Exchange, Inc., 27689-27691 2011-11673 New York Stock Exchange LLC, 27675-27677 2011-11611 NYSE Amex LLC, 27708-27710 2011-11612 NYSE Arca, Inc., 27691-27693 2011-11672 Options Clearing Corp., 27697-27698 2011-11623 Suspension of Trading Orders:

Diversified Investors Corp.; Drew Resources; DTI Medical Corp.; DTLL, Inc.; Dunn's Supply Store, Inc., 27738 2011-11760 Small Business Small Business Administration NOTICES Disaster Declarations: Alabama, 27740-27741 2011-11630 2011-11645 California; Amendment 1, 27739 2011-11659 Connecticut, 27738 2011-11628 Georgia; Amendment 3, 27739 2011-11660 Iowa, 27738-27739 2011-11631 Louisiana, 27740 2011-11633 Tennessee; Amendment 1, 27739 2011-11658 Wisconsin, 27740 2011-11646 State Department State Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Technology Security/Clearance Plans, Screening Records, and Non-Disclosure Agreements, 27741-27742 2011-11688 Culturally Significant Objects Imported for Exhibition Determinations: Picasso, Masterpieces from Musee National Picasso, Paris, 27742 2011-11684 Thrift Supervision Thrift Supervision Office NOTICES Approval of Conversion Applications: American Eagle Savings Bank, Boothwyn, PA, 27753 2011-11439 Transportation Department Transportation Department See Federal Aviation Administration See Research and Innovative Technology Administration See Transportation Security Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Flight Crew Self-Defense Training; Registration and Evaluation, 27656-27657 2011-11655 Passenger Civil Aviation Security Service Fees, 27655-27656 2011-11652 Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office Customs U.S. Customs and Border Protection RULES Removal of Obsolete References to Non-Automated Carriers from Electronic Cargo Manifest Regulations, 27606-27609 2011-11248 NOTICES Petitions to Contest Tariff Classification Determinations:

Wickless Wax Objects, 27657-27658 2011-11608 Tariff-Rate Quotas for Calendar Year 2011: Tuna, 27658 2011-11687 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 27756-27799 2011-11056 Part III Commodity Futures Trading Commission, 27802-27841 2011-10881 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. 76 92 Thursday, May 12, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Parts 271 and 272 RIN 0584-AD89 Supplemental Nutrition Assistance Program:

Civil Rights Protections for SNAP Households AGENCY: Food and Nutrition Service, USDA. ACTION: Final rule. SUMMARY: The Food and Nutrition Service

(FNS)is amending Supplemental Nutrition Assistance Program

(SNAP)regulations that secure civil rights protections for SNAP households and applicants. The nondiscretionary change complies with an amendment made to the Food, Conservation, and Energy Act of 2008 which specifically enumerates four statutory protections that must be complied with by State agencies in administering SNAP. This nondiscretionary change to the regulations is not expected to have an implementation impact on SNAP State agencies, as they have been subject to such statutes for several years. DATES: *Effective Date:* This is effective June 13, 2011. *Implementation Date:* State agencies must implement the provisions of this rule no later than June 13, 2011. FOR FURTHER INFORMATION CONTACT: Jane Duffield, Chief, State Administration Branch, Supplemental Nutrition Assistance Program, Food and Nutrition Service, U.S. Department of Agriculture, 3101 Park Center Drive, Room 818, Alexandria, VA 22302, 703-605-4385, and *Jane.Duffield@fns.usda.gov.* SUPPLEMENTARY INFORMATION: Procedural Matters Executive Order 12866 and Executive Order 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 final rule has been designated non-significant under section 3(f) of Executive Order 12866. Regulatory Flexibility Act This rule has been reviewed with regard to the requirements of the Regulatory Flexibility Act

(RFA)of 1980 (5 U.S.C. 601-612). Pursuant to that review, it has been certified that this rule would not have a significant impact on a substantial number of small entities. This final rule does not impose any additional or unnecessary and disproportionately burdensome demands upon small governmental jurisdictions with limited resources. 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 final 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. 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

(SNAP)is listed in the Catalog of Federal Domestic Assistance under 10.551. For the reasons set forth in the final rule at 7 CFR Part 3015, Subpart V and related Notice (48 FR 29115, June 24, 1983), SNAP 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. This rulemaking is not expected to have an impact on State agencies. State agencies have had to comply with the Americans with Disabilities Act

(ADA)(42 U.S.C. 12101) provisions ever since enactment in 1990, over 20 years ago. Current provisions in 7 CFR 272.6 prohibiting discrimination on the basis of handicap has been in effect for over 10 years. Further, State agencies have long had to comply with SNAP regulations that prohibit discrimination on the basis of disability. Accordingly, we anticipate that this rulemaking will not require new State agency implementation action. Therefore, there are no additional requirements on State and local agencies requiring prior consultation with State officials. State agencies will need to continue to consider any accessibility issues that may arise regarding disabled participants or applicants before making changes to SNAP administration or launching any new initiative. State agencies should continue to self-evaluate their administration of SNAP to ensure service to all eligible people with disabilities. Executive Order 12988 This 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 This rule will not in any way limit or reduce the ability of protected classes of individuals. Executive Order 12250 delegates the approval of rules based on the Civil Rights Act to the Attorney General. This rule has been reviewed by the Department of Justice (DOJ). There is no pertinent information as to the result of the DOJ review. Section 4117 of the Food, Conservation, and Energy Act of 2008

(FCEA)amended Section 11(c) of the Food and Nutrition Act of 2008, 7 U.S.C. 202(c), to provide that the administration of SNAP by a State agency shall be consistent with the rights of households under the Age Discrimination Act of 1975, 42 U.S.C. 6101, *et seq.,* Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 *et seq.,* and title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d *et seq.* As amended, Section 11(c) of the Food and Nutrition Act provides statutory clarification that civil rights protections provided in the specified statutes apply to persons with disabilities who seek to participate in SNAP. The SNAP administration by State agencies is already subject to all four of these civil rights laws. SNAP regulations at 7 CFR 272.6(a) specify three of the four civil rights laws. However, 7 CFR 272.6(a) does not currently include the Americans with Disabilities Act of 1990. Current rules at 7 CFR 272.6(a) do prohibit discrimination in the certification of households, the issuance of benefits, the conduct of fair hearings, or the conduct of any program service for reasons of age, race, color, sex, handicap, religious creed, national origin, or political beliefs. USDA has also promulgated general, department-wide civil rights regulations at 7 CFR 15b, which also protect the civil rights of persons with disabilities. The Americans with Disabilities Act

(ADA)of 1990 (42 U.S.C. 12101) was signed into law on July 26, 1990. Title II of the ADA prohibits discrimination on the basis of disability in all services, programs, and activities provided to the public by public entities including State and local governments. It applies to all State and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of State and local governments. The ADA requires a public entity to make reasonable accommodations to allow participants with disabilities to participate in the program. If the public entity can demonstrate that a particular modification would fundamentally alter the nature of its service, program, or activity, it is not required to make that modification. Public entities do not necessarily have to make each of their existing facilities accessible. They may provide program accessibility by a number of methods including alteration of existing facilities, acquisition or construction of additional facilities, relocation of a service or program to an accessible facility, or provision of services at alternate accessible sites. An example of reasonable accommodations may include access ramps for people who use wheelchairs to access buildings. Since the inception of the program, SNAP State agencies have always served the disabled. In FY 2007, SNAP served a monthly average of 2.8 million households containing disabled nonelderly people. Households with disabled nonelderly people represented 24 percent of all SNAP households and received an average monthly SNAP benefit of $148. About 57 percent of SNAP households with disabled nonelderly people were single-person households. Households may file SNAP applications by submitting the form to the SNAP office in person, through an authorized representative, by fax or other electronic transmission, by mail, or by completing an on-line electronic application in States where available. As of September 2010, a total of 26 States allow applicants to apply online and additional States are working on systems that will allow applicants to apply by computer. Communication between the caseworker and the applicant is an important part of the SNAP application process. The State agency shall provide each household at the time of application for certification and recertification with a notice that informs the household of the verification requirements the household must meet as part of the application process. The notice shall also inform the household of the State agency's responsibility to assist the household in obtaining required verification provided that the household is cooperating with the State agency. As part of the application process, the household completes and signs the application form, the household or its authorized representative is interviewed by the State agency, and certain information on the application must be verified to determine eligibility. Examples of reasonable accommodation in the application process may include qualified sign language interpreters and written materials for individuals with hearing impairments. Other examples may include qualified readers and Brailed or large print materials for individuals with vision impairments. SNAP requires an interview for every initial certification and for recertification, at least once every 12 months. The interview would be face-to-face unless FNS waives the requirement to document the hardship to the household, or the State agency determines individually that the face-to-face aspect would be a hardship under 7 CFR 273.2(e)(2). FNS has not established strict guidelines about what this hardship would be, preferring to allow State agencies a degree of flexibility in determining household hardship situations. As provided in the regulations, these situations include, but are not limited to, illness, transportation difficulties, care of a household member, hardships due to residency in a rural area, prolonged severe weather, or work or training hours which prevent the household from participating in the in-office interview. The State agency must document the case file to show when a waiver was granted because of hardship. The State agency may opt to waive the face-to-face interview in favor of a telephone interview to all households which have no earned income and all members of the household are elderly or disabled. Regardless of any approved waivers, the State agency must grant a face-to-face interview to any household that requests one. The State agency has the option of conducting a telephone interview or a home visit that is scheduled in advance with the household if the office interview is waived. SNAP benefits are issued in the form of electronic benefit transfer (EBT), which is essentially a system that uses a SNAP debit card for use in authorized retail food stores to purchase eligible food for the household's consumption. Written materials and/or other information, including the specific rights to benefits in an EBT system, must be provided for households with disabilities. State agencies are required to provide training for all EBT users and especially for persons with disabilities. In addition, in accordance with SNAP regulations at 7 CFR 274.8(b)(vi)(4)(G), EBT systems used by State agencies are required to provide reasonable accommodation for the needs of households with disabilities in keeping with the ADA. With the household's permission, an authorized household representative may use the household's EBT card to purchase eligible food for the household. As the first step, FNS encourages clients with disabilities to share any accessibility concerns on applying for and receiving SNAP benefits they may have with the State agencies. The State agency is in the best position to consider the client's concern and make timely and reasonable accommodations to serve the household. For example while the face-to-face interview may be conducted at the local SNAP office, it may also be conducted at another mutually acceptable location, including a household's residence. If the household's accessibility concerns are not promptly addressed, individuals may file a written complaint with the Secretary or the Administrator, FNS, Washington, DC 20250. FNS is committed to ensuring that all eligible persons can participate in SNAP. FNS wishes to note that there are differences in the definitions for disability and disabled between the ADA and SNAP regulations and that they are used for different purposes. Under the ADA, a *disability* is defined as a physical or mental impairment that substantially limits one or more of an individual's major life activities, having a record of such impairment, or being regarded as having such an impairment. The ADA disability definition is used to identify qualified individuals with disabilities which would then be followed by any necessary and reasonable modification of physical barriers or processes that may have the unintended impact of inadvertently screening out people with disabilities. However, under SNAP regulations, *disabled* is defined as a household member who receives disability benefits under the Social Security Act or receives certain other disability payments specified in 7 CFR 271.2. The SNAP *disabled* definition is used in making the SNAP eligibility determination and benefit calculation. Specifically, the elderly and disabled are potentially eligible for higher benefits in SNAP that are not available to the nonelderly and the non-disabled with the same income and excess medical expenses. SNAP regulations at 7 CFR 273.9(d)(3) provide for the deduction from income of the excess medical deduction which would be that portion of medical expenses exceeding $35 per month. This deduction is made for the calculation of the household's income on which the SNAP benefit will be based. This deduction provides additional assistance to the elderly or disabled who have higher medical bills and thus would have less household funds available to purchase food and pay for other necessities. The lower income calculation based on the higher deduction for higher medical costs produces higher SNAP benefits for the elderly or disabled. The eligibility and benefit rules for SNAP also contain other provisions that benefit the disabled but do not apply to other households. These include but are not limited to allowing disabled recipients who receive SSI to be categorically eligible for SNAP, imposing no cap on the shelter deduction for the disabled, and imposing no gross income limit for the disabled. The disabled who cannot prepare their own meals can, under certain circumstances, be a separate household, along with a spouse. For purposes of making reasonable accommodations to allow participants with disabilities to apply for the program and receive program services, State agencies are to use the ADA *disability* definition. However, the SNAP *disabled* definition in 7 CFR 271.2 will continue to apply to the eligibility and benefit determination for SNAP applicants. FNS wishes to point out that in directing State agencies to use the ADA disability definition for purposes of making reasonable accommodation, it is not our intent to diminish other State agency procedures and initiatives to serve applicants, including the disabled. For example, the State agency is not limited to the ADA disability definition when considering hardship for waiving the face-to-face interview. A State agency may continue to waive the face-to-face interview for a reason that is not included in the ADA disability definition. Thus, the use of the ADA definition of disability for purposes of making a decision on reasonable accommodation is not intended to reduce in any way the services to disabled or other households that the State agencies now routinely provide under current FNS regulations, including services in hardship situations determined under 7 CFR 273.2(e)(2). Outreach and Communication to Minorities, Women, and Persons With Disabilities State agencies receiving financial assistance under the SNAP program must provide to FNS a written assurance that SNAP will be operated in compliance with USDA and FNS nondiscrimination laws, regulations, instructions, policies, and guidelines. The FNS Regional Offices

(RO)obtain written assurance of nondiscrimination compliance from each State agency and ensure that State agencies are obtaining assurance from local agencies or other sub-recipients that receive Federal financial assistance for compliance. Civil rights assurance is governed by SNAP regulations at 7 CFR 272.6(a). Under FNS Instruction 113-1, Part XI, civil rights training is required so that all involved in all levels of administration of programs that received Federal financial assistance understand civil rights related laws, regulations, procedures and directives. This training is part of the technical assistance to the State agencies, and the FNS ROs are responsible for providing such training. Specific training includes: Collection and use of data; effective public notification systems; complaint procedures; compliance review techniques; resolution of noncompliance; requirements for reasonable accommodation of persons with disabilities; requirements for language assistance; conflict resolution; and customer service. FNS also requires each RO Office of Civil Rights to conduct on-going civil rights compliance reviews in its respective States. Under 7 CFR part 275, the State agencies are also required to conduct a civil rights review annually for large project areas, every 2 years for medium project areas, and 3 years for small project areas. There are no additional outreach efforts regarding this final rule. Removing the word “handicap” and adding in its place the word “disability” will not have a disadvantageous effect on the protected groups. Summary and Conclusion 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, FNS has determined that there is no way to soften the effect on any of the protected classes regarding those provisions of the rule. Removing the word “handicap” and adding in its place the word “disability” will not affect the protected groups, but is technical in nature. The term “disability” is consistent with the statutory mandate of the ADA. Executive Order 13175 E.O. 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. In late 2010 and early 2011, USDA engaged in a series of consultative sessions to obtain input by Tribal officials or their designees concerning the impact of this rule on the tribe or Indian Tribal governments, or whether this rule may preempt Tribal law. Reports from these consultations 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 officials or their designees concerning ways to improve this rule in Indian country. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; see 5 CFR 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. This rule does not contain information collection requirements subject to approval by OMB under the Paperwork Reduction Act of 1995. E-Government Act Compliance The Food and Nutrition Service 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. Implementation In accordance with Section 11(c) of the Food and Nutrition Act of 2008, as amended by Section 4117 of the FCEA, the Department is amending 7 CFR 272.6(a) specifically to provide that State agency administration of the program must be consistent with the Americans with Disabilities Act (42 U.S.C. 12101). The Department is also making a change in terminology to update a section of SNAP regulations. The current provision in 7 CFR 272.6 prohibits discrimination on the basis of “handicap.” The prohibition of discrimination on the basis of handicap originated in the Rehabilitation Act of 1973, which preceded enactment of the ADA. However, the ADA uses the term “disability” and most SNAP regulations use the term “disabled.” Accordingly, FNS is amending 7 CFR 272.6 to replace the term “handicap” as a prohibited basis for discrimination with the term “disability” to conform to the terminology in the ADA. We are making a similar change in terminology in 7 CFR 271.6(a), which provides that civil rights complaints under all the listed bases are to be handled in accordance with 7 CFR 272.6. Finally, the Department is making one additional change in terminology in this section of the regulations. The current 7 CFR 272.6 refers to the issuance of “coupons” as one program activity. Section 825 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 amended Section 7(i) of what is now the Food and Nutrition Act of 2008, 7 U.S.C. 2016(i), to mandate that all States must convert from paper coupon systems to an EBT system. By fiscal year 2004, all State agencies had converted to EBT. Accordingly, the Department is using this opportunity to amend 7 CFR 272.6(a) where it refers to the issuance of coupons to replace the term “coupons” with the term “benefits.” This rule is effective June 13, 2011. The ADA requirements were effective by law on January 26, 1992. The current provision in 7 CFR 272.6 prohibiting discrimination on the basis of handicap has been in effect for over 10 years. Accordingly, this rule reflects the statutory provision and the terminology change consistent with the ADA. List of Subjects 7 CFR Part 271 Grant programs—social programs, Reporting and recordkeeping requirements. 7 CFR Part 272 Alaska, Civil rights, Claims, Grant programs—social programs, Reporting and recordkeeping requirements, Unemployment compensation, Wages. For the reasons set forth in the preamble, 7 CFR parts 271 and 272 are amended as follows: PART 271—GENERAL INFORMATION AND DEFINITIONS 1. The authority citation for part 271 continues to read as follows: Authority: 7 U.S.C. 2011-2036. § 271.6 [Amended] 2. In § 271.6, in paragraph (a)(1), the second sentence is amended by removing the word “handicap” and adding in its place the word “disability”. PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES 3. The authority citation for part 272.1 continues to read as follows: Authority: 7 U.S.C. 2011-2036. § 272.6 [Amended] 4. In § 272.6, paragraph

(a)is amended by removing the word “handicap” in the first sentence and adding in its place the word “disability” and in the second sentence by adding the words “Americans with Disabilities Act of 1990 (42 U.S.C. 12101)” immediately following the words “the Rehabilitation Act of 1973 (Pub. L. 93-112, section 504)”. Dated: May 3, 2011. Audrey Rowe, Administrator, Food and Nutrition Service. [FR Doc. 2011-11419 Filed 5-11-11; 8:45 am]

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