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Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Rules and Regulations 6b2B of Executive Order 13132.
The Department has considered the impact of this rule on State and local governments and has determined that this rule does not have federalism implications. Therefore, under section 6b of the Executive Order, a federalism summary is not required.

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Executive Order 12988, Civil Justice Reform 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 FNS has reviewed the final rule, in accordance with Departmental Regulation 4300004, Civil Rights Impact Analysis, to identify and address any major civil rights impacts the rule might have on participants on the basis of race, color, national origin, sex, age, or disability. A comprehensive Civil Rights Impact Analysis CRIA was conducted on the final rule, including an analysis of participant data and provisions contained in the final rule.
While the CRIA did not find any major civil rights implications, the CRIA
outlines outreach and mitigation strategies that would lessen any possible civil rights impacts. This final rule will impact all State agencies in their administration of the E&T programs.
Additionally, the final rule will impact applicants and recipients of SNAP who are E&T participants. However, the Department finds that the CRIA and the mitigation and outreach strategies outlined within the CRIA provide ample consideration to applicants and participants ability to participate in SNAP. For instance, FNS will provide implementation guidance and technical assistance to support State agencies implementation of the new regulations consistent with the final rule. FNS, through review and approval of E&T
State plans, performance of management evaluations, and collection and analysis of required data elements, will monitor the implementation of the new rule to mitigate potential civil rights violations.
Among the outreach strategies included in the CRIA, FNS National Office will
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communicate regulatory changes to Regional Offices who directly interact and provide technical assistance to State agencies. Regional Offices will also communicate with the National Office regarding implementation challenges so that FNS can take appropriate action.
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.
Additionally, other policy statements or actions that have substantial direct effects on one or more Indian Tribes, the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes also require consultation.
The USDAs Office of Tribal Relations OTR has assessed the impact of this rule on Indian tribes and determined that this rule has tribal implications that require consultation under E.O. 13175.
FNS discussed the proposed rule in Washington, DC on May 1, 2019, at the United States Department of Agriculture Farm Bill Tribal Consultation. FNS also discussed the final rule in a virtual Tribal SNAP Learning Session on October 30, 2020. FNS received no comments.
Paperwork Reduction Act The Paperwork Reduction Act of 1995
44 U.S.C. Chap. 35; 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.
In accordance with the Paperwork Reduction Act of 1995, this final rule contains information collections that are subject to review and approval by the Office of Management and Budget;
therefore, FNS is submitting for public comment the changes in the information collection burden that would result from adoption of the proposals in the rule. Once the information collection request is approved by OMB, the agency will publish a separate notice in the Federal Register announcing OMB
approval.
Title: Employment and Training Opportunities in the Supplemental Nutrition Assistance Program.

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OMB Number: 0584NEW.
Form Number: FNS 583.
Expiration Date: N/A.
Type of Request: New request.
Abstract: This final rule would implement changes made by section 4005 of the Act to the E&T program to strengthen State and Federal accountability to move SNAP
participants toward self-sufficiency.
FNS is requesting a new OMB Control Number for the requirements in this final rule. Some of the final changes will modify current regulations resulting in an increase in the reporting burden for State agencies. Other requirements are new and will result in new mandatory reporting burden requirements for State agencies, as well as individuals participating in E&T. First, the Act requires that State agencies provide individuals participating in E&T with case management services. Many State agencies already provide case management activities to SNAP E&T
participants; however, State agencies are not currently reporting this activity to the Department and the Department is not currently collecting case management activities from these State agencies. This regulatory change to require that State agencies provide these services as part of their E&T programs and include them in their E&T State plans will help ensure that E&T
participants receive the guidance and support needed to move toward selfsufficiency. Second, the Act establishes that individuals participating in an E&T
component who receive a provider determination i.e., are determined illsuited by the E&T provider for that component, must be engaged by the State agency to assess their mental or physical fitness or to identify another type of training or assistance. The Department requires at 7 CFR
273.7c18i that individuals who have received a provider determination be notified of this determination, and if the individual is an ABAWD, be notified that they will begin to accrue countable months. This process to notify individuals with a provider determination will constitute a new burden for State agencies and for SNAP
participants who must exchange the information. Third, to increase State accountability for moving SNAP
participants toward self-sufficiency, the Department has added at 7 CFR
273.7c11 four additional data elements to the final quarterly E&T
Program Activity Report FNS 583
reports SNAP Employment and Training Program activity Report; OMB
Control Number: 05840594; Expiration Date: 7/31/2023 currently under renewal to collect information on the
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