Appendix F_NDNH Interim Final Rule

Appendix F: NDNH Interim Final Rule

Rules and Regulations

4159
Federal Register
Vol. 81, No. 16

Tuesday, January 26, 2016
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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

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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

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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.

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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 governmentto-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

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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.

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Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Rules and Regulations

Estimated Number of Responses per
Respondent: 13.78.

Estimated Total Annual Burden on
Respondents: 252,432.64 hours. See the

STATE AGENCIES

Number of
respondents

Frequency
per
respondent

Total annual
responses

Burden hours
per response

table below for estimated total annual
burden for each type of respondent.

Total
burden
hours

Previous
submission
total hours

Difference
due to
program
changes

Difference
due to
adjustments

CFR

Action

272.2 .........

Program Activity Statement
(FNS 366B).
NDNH—Applicant/Recipient
Screening.
NDNH—Verification of Match
NDNH—Notice of Adverse
Action or Notice of Denial.

53

4

212

15

3,180

950.29

2,229.71

0.00

53

1

9,158,240

0.017

155,690.08

0.00

155,690.08

0.00

53
53

1
1

1,237,600
495,040

0.03
0.03

37,128
14,851.20

0.00
0.00

37,128.00
14,851.20

0.00
0.00

...............................................

53

....................

10,891,092

0.019359792

210,849.28

950.29

209,898.99

0.00

Burden
hours per
response

Total
burden
hours

272.16 .......
272.16 .......
272.16 .......
Total ..

HOUSEHOLDS
Number of
respondents

CFR

Action

272.16 .......
272.16 .......

NDNH—Request for Contact
NDNH—Notice of Adverse
Action or Notice of Denial.

891,072
495,040

Total ..

...............................................

891,072

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) * * *

Frequency
per
respondent
1
1
....................

Total annual
responses

Previous
submission
total hours

Difference
due to
program
changes

Difference
due to
adjustments

891,072
495,040

0.03
0.03

26,732.16
14,851.20

0.00
0.00

26,732.16
14,851.20

0.00
0.00

1,386,112

0.03

41,583.36

0.00

41,583.36

0.00

(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]
BILLING CODE 3410–30–P

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2015–1281; Directorate
Identifier 2014–NM–241–AD; Amendment
39–18346; AD 2015–25–08]
RIN 2120–AA64

Airworthiness Directives; The Boeing
Company Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; correction.

SUMMARY:

The FAA is correcting an
airworthiness directive (AD) that
published in the Federal Register. That
AD applies to all The Boeing Company
Model 777 airplanes. Paragraph (i)(4) of
the regulatory text contains a reference
to a nonexistent paragraph. This