Unknown. Interim final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-01-26.xml --- 81 16 Tuesday, January 26, 2016 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Meetings: Healthcare Research and Quality Subcommittee, 4300-4301 2016-01354 Software Developers on the Common Formats for Patient Safety Data Collection and Event Reporting, 4301-4302 2016-01353 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service See National Institute of Food and Agriculture See Rural Utilities Service PROPOSED RULES Identifying and Reducing Regulatory Burdens, 4213-4214 2016-00693 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Importation of Wooden Handicrafts from China, 4245-4246 2016-01439 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Board of Scientific Counselors, National Center for Health Statistics, 4303 2016-01442 Requests for Nominations: Advisory Committee on Immunization Practices, 4302-4303 2016-01443 Civil Rights Civil Rights Commission NOTICES Meetings: Hawai'i State Advisory Committee, 4248-4249 2016-01440 Michigan Advisory Committee, 4248 2016-01413 Coast Guard Coast Guard RULES Drawbridge Operations:

Upper Mississippi River, St. Paul, MN, 4191 2016-01444 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4249 2016-01395 Defense Department Defense Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 4266-4267 2016-01481 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 4267-4268 2016-01670 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission RULES Energy Conservation Program: Energy Conservation Standards for Pumps, 4368-4433 2016-00324 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4269 2016-01493 Authority to Import and Export Natural Gas and Liquefied Natural Gas, etc:

Ensorcia America, LLC, 4268-4269 2016-01492 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Interim Waiver and Request for Waiver from Refrigerator and Refrigerator-Freezer Test Procedures: Panasonic Appliances Refrigeration Systems Corporation of America, 4270-4274 2016-01496 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Montana -- Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5 National Ambient Air Quality Standards, 4225-4239 2016-01403 Oil and Natural Gas Sectors:

National Emission Standards for Hazardous Air Pollutants; Extension of Comment Period, 4239 2016-01508 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Hazardous Chemical Reporting—Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II), 4295-4296 2016-01482 NSPS for Phosphate Fertilizer Industry, 4288-4289 2016-01472 Designation of a New Equivalent Methods: Ambient Air Monitoring Reference, 4294-4295 2016-01560 Draft National Pollutant Discharge Elimination System:

Pesticide General Permit for Point Source Discharges from the Application of Pesticides, 4289-4294 2016-01564 Meetings: Board of Scientific Counselors Executive Committee, 4297 2016-01506 Science Advisory Board Environmental Economics Advisory Committee, 4296-4297 2016-01507 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Guidance: Federal Financial Accounting Technical Release, 4297-4298 2016-01449 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus Airplanes, 4167-4172 2016-00952 2016-01108 CFM International S.A. Turbofan Engines, 4172-4174 2016-01266 Engine Alliance Turbofan Engines, 4165-4167 2016-01268 The Boeing Company Airplanes, 4163-4165 2016-01441 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 4174-4177 2016-00878 2016-00880 PROPOSED RULES Airworthiness Directives: Mitsubishi Heavy Industries, Ltd. Airplanes, 4217-4220 2016-01381 Piper Aircraft, Inc.

Airplanes, 4214-4217 2016-01380 Revocation of Class D Airspace: Vancouver, WA, 4220-4221 2016-01415 NOTICES Airport Property Releases: Cartersville-Bartow Airport, Cartersville, GA, 4360 2016-01510 Noise Compatibility Program Approvals: Laughlin/Bullhead International Airport, Bullhead City, AZ, 4359-4360 2016-01416 Federal Communications Federal Communications Commission NOTICES Instructions for for FCC Form 175 Application to Participate in the Forward Auction, Auction 1002, 4298 2016-01484 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings:

Changes in Subject Matter of Agency, 4298-4299 2016-01445 Terminations of Receivership: First Cherokee State Bank, Woodstock, GA, 4298 2016-01447 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 4299 2016-01516 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Admissions Applications (Long and Short) and Stipend Forms, 4330-4331 2016-01495 Meetings:

Technical Mapping Advisory Council, 4329-4330 2016-01497 Proposed Flood Hazard Determinations, 4328-4329 2016-01563 Federal Energy Federal Energy Regulatory Commission RULES Critical Infrastructure Protection Reliability Standards, 4177-4191 2016-01505 NOTICES Applications: Broken Bow, OK, 4279-4281 2016-01466 2016-01467 Combined Filings, 4275, 4278, 4282-4286 2016-01453 2016-01454 2016-01457 2016-01462 2016-01463 2016-01470 Complaints: Sage Grouse Energy Project, LLC, v. PacifiCorp, 4274-4275 2016-01465 Compliance Filings:

San Diego Gas and Electric Co. v. Sellers of Energy and Ancillary Services into Markets Operated by the California Independent System Operator Corp. and the California Power Exchanges, 4283-4284 2016-01456 Environmental Assessments; Availability, etc.: National Fuel Gas Supply Corp.; Line QP, Line Q, and Queen Storage Project, 4276-4278 2016-01464 Paulsboro Natural Gas Pipeline Co., LLC; Delaware River Pipeline Relocation Project, 4286-4288 2016-01455 Permit Applications: Energy Resources USA, Inc., 4276, 4282 2016-01459 2016-01460 Palo Verde Power, 4281-4282 2016-01458 Preliminary Determinations of a Qualifying Conduit Hydropower Facility:

Thoreson Family Ranch, LLC, 4278-4279 2016-01461 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 4299 2016-01488 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4360-4361 2016-01475 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 4299 2016-01621 Federal Trade Federal Trade Commission NOTICES Revised Jurisdictional Thresholds for Section 7a of the Clayton Act, 4299-4300 2016-01451 Revised Jurisdictional Thresholds for Section 8 of the Clayton Act, 4300 2016-01452 Fiscal Fiscal Service NOTICES Surety Companies Acceptable on Federal Bonds:

Fair American Insurance and Reinsurance Co., 4365 2016-01549 Lexington National Insurance Corp.; Change in State of Incorporation, 4365 2016-01551 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants: Draft Recovery Plan for the Laguna Mountains Skipper, 4333-4334 2016-01131 Food and Drug Food and Drug Administration NOTICES Determinations That Products Were Not Withdrawn from Sale for Reasons of Safety or Effectiveness: IZBA (Travoprost Ophthalmic Solution), 0.003 Percent, 4310-4311 2016-01473 Guidance:

Design Considerations and Premarket Submission Recommendations for Interoperable Medical Devices, 4303-4305 2016-01471 Meetings: Food and Drug Administration/Xavier University PharmaLink Conference; Increasing Product Confidence, 4311-4312 2016-01486 International Drug Scheduling; Convention on Psychotropic Substances, 4305-4310 2016-01474 Requests for Nominations: National Mammography Quality Assurance Advisory Committee, 4311 2016-01487 Food and Nutrition Food and Nutrition Service RULES SNAP Requirement for National Directory of New Hires Employment Verification and Annual Program Activity Reporting, 4159-4163 2016-01402 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 4365-4366 2016-01352 Foreign Trade Foreign-Trade Zones Board NOTICES Subzone Applications:

Cabela's Inc., Foreign-Trade Zone 30, Salt Lake City, UT, 4250 2016-01575 CNH Industrial America, LLC, Benson, MN, 4250 2016-01574 FTZ Networks, Inc., Foreign-Trade Zone 287, Olive Branch, MS, 4249-4250 2016-01562 Forest Forest Service NOTICES Meetings: Davy Crockett Resource Advisory Committee, 4246-4247 2016-01436 Eleven Point Resource Advisory Committee, 4246 2016-01543 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Alaska Beak Deformity Observations, 4334 2016-01430 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health See Substance Abuse and Mental Health Services Administration RULES Medical Examination of Aliens: Medical Screening Process, 4191-4206 2016-01418 Health Resources Health Resources and Services Administration NOTICES Meetings:

Advisory Committee on Heritable Disorders in Newborns and Children, 4312-4313 2016-01432 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection See U.S. Immigration and Customs Enforcement NOTICES Meetings: DHS Data Privacy and Integrity Advisory Committee, 4331-4332 2016-01469 Indian Health Indian Health Service PROPOSED RULES Catastrophic Health Emergency Fund, 4239-4244 2016-01138 Industry Industry and Security Bureau NOTICES Denials of Export Privileges:

Ribway Airlines Co. Ltd., et al., 4250-4251 2016-01438 Interior Interior Department See Fish and Wildlife Service See Geological Survey Internal Revenue Internal Revenue Service PROPOSED RULES Special Enrollment Examination User Fee for Enrolled Agents, 4221-4223 2016-01629 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Seamless Refined Copper Pipe and Tube from the People's Republic of China and Mexico, 4252-4253 2016-01498 Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China, 4253-4254, 4256-4258 2016-01509 2016-01573 Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China;

Correction, 4251-4252 2016-01499 Export Trade Certificates of Review: Association for the Administration of Rice Quotas, Inc., 4254-4255 2016-01570 Sales at Less Than Fair Value: Certain Corrosion-Resistant Steel Products from Taiwan; Postponement of Final Determination, 4255-4256 2016-01566 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Amorphous Silica Fabric from China, 4335 2016-01423 Justice Department Justice Department NOTICES United States Assumption of Concurrent Federal Criminal Jurisdiction:

Mille Lacs Band of Ojibwe, 4335-4336 2016-01524 Labor Department Labor Department See Mine Safety and Health Administration PROPOSED RULES Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act, 4494-4572 2016-01213 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Benefit Accuracy Measurement Program; Correction, 4336 2016-01553 Employee Retirement Income Security Act Summary Annual Report Requirement;

Correction, 4336-4337 2016-01554 Required Elements for Submission of the Unified or Combined State Plan and Plan Modifications under the Workforce Innovation and Opportunity Act; Correction, 4336 2016-01552 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 4338-4340 2016-01515 Mine Mine Safety and Health Administration NOTICES Petitions for Modification of Application of Existing Mandatory Safety Standards, 4337-4338 2016-01429 NASA National Aeronautics and Space Administration NOTICES Intent to Grant Exclusive Term Licenses, 4341 2016-01426 Meetings:

National Aeronautics and Space Administration Advisory Council; Science Committee; Planetary Science Subcommittee, 4341-4342 2016-01424 National Council National Council on Disability NOTICES Meetings; Sunshine Act, 4342 2016-01522 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Import Eligibility: Nonconforming 2010 Harley-Davidson FX, XL, and VR Motorcycle, 4362-4363 2016-01489 Petitions for Inconsequential Noncompliance: 2009 Buell 1125R, Ulysses XB, Lightning XB, and Blast Motorcycles;

Eligible for Importation, 4363-4364 2016-01490 National Institute Food National Institute of Food and Agriculture NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4247 2016-01389 National Institute National Institute of Standards and Technology NOTICES Funding Availability: Award Competitions for Hollings Manufacturing Extension Partnership Center; AL, AR, CA, GA, LA, MA, MI, MT, OH, PA, PR, UT, VT, 4258-4264 2016-01405 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Conference, Meeting, Workshop, and Poster Session Registration Generic Clearance, 4315-4316 2016-01555 Meetings: Center for Scientific Review, 4316-4318 2016-01363 2016-01364 National Cancer Institute, 4319, 4321-4322 2016-01361 2016-01365 2016-01366 2016-01367 National Institute of Diabetes and Digestive and Kidney Disease, 4313-4314 2016-01362 National Institute on Aging, 4315 2016-01368 National Library of Medicine, 4314-4315, 4319-4321 2016-01355 2016-01356 2016-01357 2016-01358 2016-01359 2016-01360 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Bering Sea and Aleutian Islands Crab Rationalization Program, 4206-4212 2016-01406 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4265-4266 2016-01384 2016-01385 Endangered and Threatened Species: Initiation of 5-Year Review for Southern Resident Killer Whales, 4264-4265 2016-01400 National Science National Science Foundation NOTICES Antarctic Conservation Act Permit Applications, 4344 2016-01378 Meetings: Advisory Committee for Mathematical and Physical Sciences, 4343 2016-01434 Committee on Equal Opportunities in Science and Engineering, 4343 2016-01485 Proposal Review Panel for Ocean Sciences, 4342-4343 2016-01433 Proposal Review Panel for Physics, 4344 2016-01435 Meetings;

Sunshine Act, 4344 2016-01643 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings: Advisory Committee on Reactor Safeguards, 4344-4346 2016-01477 Advisory Committee on Reactor Safeguards Subcommittee on Fukushima, 4346 2016-01478 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4247-4248 2016-01437 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 4352-4353 2016-01394 Meetings; Sunshine Act, 4346 2016-01541 Self-Regulatory Organizations; Proposed Rule Changes: International Securities Exchange, LLC, 4347-4349 2016-01392 NYSE Arca, Inc., 4353-4358 2016-01393 NYSE MKT, LLC, 4350-4352 2016-01391 Trading Suspension Orders, 4346-4347, 4349-4350 2016-01612 2016-01613 Small Business Small Business Administration RULES Small Business Size Standards: Industries with Employee Based Size Standards Not Part of Manufacturing, Wholesale Trade, or Retail Trade, 4436-4469 2016-00922 Manufacturing, 4469-4492 2016-00924 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 4322-4326 2016-01479 2016-01480 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prioritization and Allocation Authority Exercised by the Secretary of Transportation under the Defense Production Act, 4364 2016-01428 Treasury Treasury Department See Fiscal Service See Foreign Assets Control Office See Internal Revenue Service Customs U.S.

Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prior Disclosure, 4326-4327 2016-01556 Commercial Gaugers; Approvals: Saybolt, LP, 4327 2016-01565 Revocation of Customs Broker's License, 4326 2016-01558 Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4332-4333 2016-01425 Veteran Affairs Veterans Affairs Department PROPOSED RULES Fisher Houses and Other Temporary Lodging, 4223-4225 2016-01491 Separate Parts In This Issue Part II Energy Department, 4368-4433 2016-00324 Part III Small Business Administration, 4436-4492 2016-00922 2016-00924 Part IV Labor Department, 4494-4572 2016-01213 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, 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. 81 16 Tuesday, January 26, 2016 Rules and Regulations 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 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 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 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. 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. *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]

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