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

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF AGRICULTURE
Food and Nutrition Service 7 CFR Part 273
FNS20210012
RIN 0584AE87

Supplemental Nutrition Assistance Program: Rescission of Requirements for Able-Bodied Adults Without Dependents: Notice of Vacatur Food and Nutrition Service FNS, USDA.
ACTION: Final rule.
AGENCY:

This final rule removes from the Code of Federal Regulations the final rule published on December 5, 2019, titled Supplemental Nutrition Assistance Program: Requirements for Able-Bodied Adults Without Dependents. This action responds to a decision of the U.S. District Court for the District of Columbia that vacated the rule.
DATES: The action is effective June 30, 2021. However, the court order had legal effect immediately upon its filing on October 18, 2020.
ADDRESSES: SNAP Program Development Division, Food and Nutrition Service, USDA, 1320
Braddock Place, Alexandria, Virginia 22314.
SUMMARY:

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FOR FURTHER INFORMATION CONTACT:

Arpan Dasgupta, Certification Policy Branch, Program Development Division, Food and Nutrition Service, 703305
1623, SNAPCPBrules@usda.gov.
SUPPLEMENTARY INFORMATION: On December 5, 2019, the Food and Nutrition Service FNS published a final rule titled Supplemental Nutrition Assistance Program:
Requirements for Able-Bodied Adults Without Dependents 84 FR 66782
hereinafter 2019 Final Rule. The 2019 Final Rule revised conditions under which USDA would waive, when
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requested by States, the able-bodied adult without dependents ABAWD
time limit in areas that have an unemployment rate of over 10 percent or a lack of sufficient jobs. In addition, the 2019 Final Rule limited carryover of ABAWD discretionary exemptions.
In the October 18, 2020, decision in District of Columbia, et al., v. United States Department of Agriculture, et al., No. 20cv00119BAH D.D.C. 2020, the U.S. District Court for the District of Columbia vacated the 2019 Final Rule.
This rule is being promulgated to revert the language of the regulations amended by the 2019 Final Rule to that which existed prior to the 2019 Final Rule. This rule is not subject to the requirement to provide notice and an opportunity for public comments because it falls under the good cause exception at 5 U.S.C. 553bB. The good cause exception is satisfied when notice and comment is impracticable, unnecessary, or contrary to the public interest. Id. The 2019 Final Rule has already been vacated by a court of law.
This rule is simply an administrative step that reverts the language of the relevant regulations to reflect the courts order vacating the 2019 Final Rule.
Additionally, because this rule implements a court order already in effect, FNS has good cause to waive the 30-day effective date under 5 U.S.C.
553d.
List of Subjects in 7 CFR Part 273
Able-bodied adults without dependents, Administrative practice and procedures, Employment, Indian Reservations, Time limit, U.S.
Territories, Waivers, Work Requirements.
Accordingly 7 CFR part 273 is amended as follows:
PART 273CERTIFICATION OF
ELIGIBLE HOUSEHOLDS
1. The authority citation for part 273
continues to read as follows:

Authority: 7 U.S.C. 20112036.

2. In 273.24, revise paragraphs f and h to read as follows:

273.24

Time limit for able-bodied adults.

f Waivers1 General. On the request of a State agency, FNS may waive the time limit for a group of individuals in the State if we determine
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that the area in which the individuals reside:
i Has an unemployment rate of over 10 percent; or ii Does not have a sufficient number of jobs to provide employment for the individuals.
2 Required data. The State agency may submit whatever data it deems appropriate to support its request.
However, to support waiver requests based on unemployment rates or labor force data, States must submit data that relies on standard Bureau of Labor Statistics BLS data or methods. A nonexhaustive list of the kinds of data a State agency may submit follows:
i To support a claim of unemployment over 10 percent, a State agency may submit evidence that an area has a recent 12 month average unemployment rate over 10 percent; a recent three month average unemployment rate over 10 percent; or an historical seasonal unemployment rate over 10 percent; or ii To support a claim of lack of sufficient jobs, a State may submit evidence that an area: Is designated as a Labor Surplus Area LSA by the Department of Labors Employment and Training Administration ETA; is determined by the Department of Labors Unemployment Insurance Service as qualifying for extended unemployment benefits; has a low and declining employment-to-population ratio; has a lack of jobs in declining occupations or industries; is described in an academic study or other publications as an area where there are lack of jobs; has a 24-month average unemployment rate 20 percent above the national average for the same 24month period. This 24-month period may not be any earlier than the same 24month period the ETA uses to designate LSAs for the current fiscal year.
3 Waivers that are readily approvable. FNS will approve State agency waivers where FNS confirms:
i Data from the BLS or the BLS
cooperating agency that shows an area has a most recent 12 month average unemployment rate over 10 percent;
ii Evidence that the area has been designated a Labor Surplus Area by the ETA for the current fiscal year; or iii Data from the BLS or the BLS
cooperating agency that an area has a 24
month average unemployment rate that exceeds the national average by 20

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