Notice2021-27223
Agency Information Collection Activities: FNS Information Collection Needs Due to COVID-19; Comment Request for Extending Approval for OMB #0584-0654
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Published
December 16, 2021
Issuing agencies
Agriculture DepartmentFood and Nutrition Service
Abstract
FNS is seeking public comment on its intent to ask the Office of Management and Budget (OMB) to extend approval of the information collection under OMB approval #0584-0654 from January 31, 2022 until August 27, 2023. In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed extension of this currently approved information collection, which focuses on FNS' information collection needs due to COVID-19 based on information currently known.
Full Text
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<title>Federal Register, Volume 86 Issue 239 (Thursday, December 16, 2021)</title>
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[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Notices]
[Pages 71418-71420]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27223]
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Agency Information Collection Activities: FNS Information
Collection Needs Due to COVID-19; Comment Request for Extending
Approval for OMB #0584-0654
AGENCY: Food and Nutrition Service (FNS), USDA.
ACTION: Notice.
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SUMMARY: FNS is seeking public comment on its intent to ask the Office
of Management and Budget (OMB) to extend approval of the information
collection under OMB approval #0584-0654 from January 31, 2022 until
August 27, 2023. In accordance with the Paperwork Reduction Act of
1995, this notice invites the general public and other public agencies
to comment on the proposed extension of this currently approved
information collection, which focuses on FNS' information collection
needs due to COVID-19 based on information currently known.
DATES: Written comments must be received on or before January 18, 2022.
ADDRESSES: Comments may be sent to: Maureen Lydon and Jamia Franklin of
the Food and Nutrition Service, U.S. Department of Agriculture, via
email to <a href="/cdn-cgi/l/email-protection#94d9f5e1e6f1f1fabaf8edf0fbfad4e1e7f0f5baf3fbe2"><span class="__cf_email__" data-cfemail="612c00141304040f4f0d18050e0f21141205004f060e17">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#b5ffd4d8dcd49bf3c7d4dbded9dcdbf5c0c6d1d49bd2dac3"><span class="__cf_email__" data-cfemail="eca68d81858dc2aa9e8d8287808582ac999f888dc28b839a">[email protected]</span></a>. Comments
will also be accepted through the Federal eRulemaking Portal. Go to
<a href="http://www.regulations.gov">http://www.regulations.gov</a>, and follow the online instructions for
submitting comments electronically.
All responses to this notice will be summarized and included in the
request for Office of Management and Budget (OMB) approval. All
comments will be a matter of public record.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of this information collection should be directed to Jamia
Franklin at <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="f1bb909c9890df9783909f9a9d989fb184829590df969e87">[email protected]</a> or 703-305-2403, and Maureen Lydon
at <a href="/cdn-cgi/l/email-protection#672a061215020209490b1e030809271214030649000811"><span class="__cf_email__" data-cfemail="c984a8bcbbacaca7e7a5b0ada6a789bcbaada8e7aea6bf">[email protected]</span></a>, or 703-457-7713.
SUPPLEMENTARY INFORMATION: Comments are invited on: (a) The proposed
extension of OMB approval and 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 that were 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.
Title: FNS Information Collection Needs due to COVID-19.
Form Number:
OMB Number: 0584-0654.
Expiration Date: January 31, 2022.
Type of Request: Extension of a currently approved collection.
Abstract: As the Food and Nutrition Service (FNS) continues
responding to the COVID-19 Coronavirus pandemic, it is implementing a
number of waivers and program adjustments to ensure Americans in need
can access nutrition assistance during the crisis while maintaining
recommended practices.
Two pieces of legislation have detailed many of the program
adjustments available to FNS. The Families First Coronavirus Response
Act (Pub. L. 116-127) (FFCRA) and the Coronavirus Aid, Relief and
Economic Security (CARES) Act (Pub. L. 116-136) provided a number of
program adjustments and additional funding, respectively. The statutes
describing these waivers and flexibilities also have reporting
requirements. The Department obtained OMB approval to collect the
information described in this Notice (OMB 0584-0654; expiration 1/31/
2022). USDA anticipates the need to collect data beyond the expiration
date and is seeking approval of this Information Collection Request in
order to meet continuing information collection and reporting
requirements, as well as program administration needs to implement the
CARES Act.
In addition to program adjustments and waiver flexibilities
authorized under the FFCRA and CARES Act, Section 12(l) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1760(l)) (NSLA) allows
FNS to waive statutory and regulatory requirements established under
the NSLA or Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) for a
State or eligible service provider administering a Child Nutrition
Program (CNP). FNS issues statewide waivers under NSLA waiver authority
in response to State agencies' requests to facilitate the ability for
Program operators to carry out the purposes of CNPs during COVID-19-
related operations. FNS has issued waivers under NSLA authority to
enable program operators to operate CNPs with appropriate safety
measures in place with respect to the COVID-19 pandemic. NSLA waiver
authority requires States or eligible service providers in need of a
waiver of program requirements to submit a detailed application that
identifies the statutory or regulatory requirements to be waived.
Applications must also describe any actions undertaken to remove
barriers, describe the goal of the waiver to improve services, and
include a description of the impediments to the efficient operation and
administration of the program. States must provide notice to the public
regarding each waiver request submitted to FNS, and States that receive
a waiver approval of program requirements under NSLA waiver authority
must submit a report on waiver implementation, including whether the
waiver resulted in improved services to children.
Section 2302(a)(2) of the FFCRA allowed USDA to adjust, at the
request of State agencies or by guidance in consultation with one or
more State agencies, issuance methods and application and reporting
requirements for the Supplemental Nutrition Assistance Program (SNAP)
under the Food and Nutrition Act (FNA) of 2008, as amended, to be
consistent with what is practicable under actual conditions in affected
areas. Section 2302(c) of FFCRA required the Secretary of Agriculture
to submit a report to Congress following the end of the public health
emergency, including a description of the measures taken to address the
food security needs of affected populations during the emergency,
including any information or data supporting State agency requests,
among other information not included in this information collection
(IC).
Section 2203(a)(1) of the FFCRA allowed State agencies
administering the Special Supplemental Nutrition Program for Women,
Infants and Children (WIC) to request a waiver of 17(d)(3)(C)(i) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(C)(i)), which
requires applicants be physically present in the clinic. Local agencies
are required to submit a report detailing the use and benefits of this
waiver within one year of use of such waiver, and State agencies are
required to submit a summary report of local agency usage of waivers
under this Section within 18 months. Section 2204(a)(1) gave State
agencies administering WIC and the WIC Farmers Market Nutrition Program
(FMNP) the opportunity to request a waiver or modification of qualified
regulatory requirements from USDA if such requirements cannot be met
due to COVID-19, and such waivers are necessary to provide assistance
to WIC and WIC FMNP participants. State
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agencies are also required under this Section to provide a report to
USDA no later than one year after such waivers were granted, detailing
their use of the waiver and how it improved services to women, infants
and children.
In the instances described above, the information collection
addressed and/or will address burden associated with requirements under
provisions of the NSLA, FFCRA, and CARES Act, as well as Nationwide
waivers under some of the aforementioned authorities. State agencies
have been required to develop and submit waiver requests in response to
COVID-19, provide public notification regarding waiver requests, and
report to FNS evaluation data on how waivers impacted Federal benefit
programs.
Additionally, FNS is asking State agencies to report the USDA
commodities used during a disaster on a more frequent basis. This
information is currently collected in an OMB-approved form, the FNS-
292A, Report of Commodity Distribution for Disaster Relief (OMB Control
Number 0584-0594 Food Programs Reporting System, expiration July 31,
2023). State distributing agencies may release commodity or donated
foods procured by the USDA to disaster organizations to provide
nutritional assistance to disaster victims. Under the Code of Federal
Regulations (CFR) at 7 CFR 250.69(f), State distributing agencies shall
provide a summary report to FNS within 45 days following termination of
the disaster assistance, and maintain records of these reports and
other information relating to disasters. OMB approved FNS to change the
frequency of the collection of the commodity reports from 45 days after
the completion of the disaster, to a weekly basis. This change was
requested due to the number of requests and the burden of the FNS
regional offices. This request allowed FNS Food Distribution (FD) staff
to monitor levels of USDA commodities more frequently to ensure States
had access to USDA commodities.
Affected Public: State, Local and Tribal Government: Respondent
groups identified include: (1) State agencies and Indian Tribal
Organizations that operate USDA Nutrition Assistance Programs; and (2)
Local WIC Agencies.
Estimated Number of Respondents: The total estimated number of
respondents is 1,349. This includes: 53 SNAP State agencies who will
submit waiver information, evaluation information, and weekly
operational updates; 20 WIC State program staff who will submit
evaluation information and a data pull from their MIS system; 22
Farmers Market Nutrition Program staff who will submit evaluation
information; 67 CNP State agencies who will develop and submit waiver
requests, provide public notification, and report to FNS on waiver
implementation; Food Distribution Program Staff in 60 State Agencies
who will submit required forms; and 800 WIC Local Agency Program staff
who will submit information on an evaluation survey. Table 1, the
estimated burden table below, delineates the number of respondents
carrying out each of the aforementioned activities.
As shown in Table 1, FNS anticipates two types of respondents:
State Government workers and Local Government workers. Together, their
reporting burden is approximately 11,549 burden hours, assuming data
collection over 12 months.
SNAP State Program Staff will have two types of burden:
<bullet> Waivers: FNS anticipates approximately 3 waiver requests
per every 3 months per State agency. SNAP Program Staff in 53 State
Agencies will submit approximately 3 waiver requests per every 3
months. Each waiver will take about 10 hours to complete for a total of
6,360 burden hours. [53 State Agency staff x 3 waivers per every 3
months on an annual basis (12 waiver requests) = 636 responses x 10
hours = 6,360 burden hours].
<bullet> Data Reports: SNAP Program Staff in 53 State Agencies will
submit approximately 3 data reports, reporting on the evaluation data
required by FFRCA. It will require about 3 hours to report the data in
the data reports for a total of 159 burden hours. (53 State Agency
Staff x 3 data reports = 159 responses x 3 hours = 477 burden hours).
<bullet> Weekly operational update: SNAP program staff in 53 State
Agencies will submit 1 weekly update to their FNS Regional Offices.
Each update will take approximately 1 hour to complete. (53 State
agencies x 52 weekly reports = 2,756 annual responses x 1 hour per
response = 2,756 burden hours).
WIC State Program Staff will have one type of burden:
<bullet> Evaluation Information: WIC Program Staff in 20 State
Agencies will submit 1 survey, reporting on the evaluation data
required by the FFRCA. It will take them about 2 hours to complete the
survey, for a total of 40 burden hours. (20 State Agency Staff x 1
survey = 20 responses x 2 hours = 40 burden hours).
<bullet> MIS Data Pull: FNS will request states submit a data pull
from their MIS systems to help facilitate the evaluation data reporting
on the number of WIC participants affected by different waivers. (20
WIC State Agencies x 1 data pull = 20 Responses x 1.5 hours per
response = 30 burden hours).
FMNP State Program Staff will have one type of burden:
<bullet> Evaluation Information: FMNP Program Staff in 22 State
Agencies will submit 1 State Plan, reporting on the evaluation data
required by the FFRCA. It will take them about 2 hours to complete the
report, for a total of 44 burden hours. (22 State Agency Staff x 1
State Plan = 22 Responses x 2 hours = 44 burden hours).
CN Program Staff will have one type of burden:
<bullet> Statewide, COVID-related waivers authorized under Section
12(l) of the NSLA: It is estimated 67 State agencies review statewide
waiver protocol and guidance pertaining to the waiver authority
established at Section 12(l) of the NSLA, such as Child Nutrition
Program Waiver Request Guidance and Protocol--Revised (Memo code: SP15
CACFP 12 SFSP 05-2018). FNS estimates State agencies revisit NSLA
waiver guidance one time each year, and that it takes approximately 15
minutes (.25 hours) to review guidance (67 responses x .25 hours =
16.75 hours).
Furthermore, FNS estimates 67 CN State agencies will request
statewide waivers that follow guidance outlined in Child Nutrition
Program Waiver Request Guidance and Protocol--Revised (Memo code: SP15
CACFP 12 SFSP 05-2018) and submit waiver requests to FNS. It is
estimated, together, 67 State agencies will develop and request a total
of 130 statewide waivers of CN Program requirements and that each
request will take approximately 1 hour to develop and submit to FNS
(130 responses x 1 hour = 130 hours). Each State agency that submits a
request is required to provide public notice regarding the request. FNS
estimates 67 State agencies will provide 130 public notices associated
with statewide waiver requests submitted under Section 12(l) waiver
authority, and that it takes 30 minutes (.5 hours) to provide each
public notice (130 responses x .5 hours = 65 hours).
Of the total 130 estimated statewide waiver requests, FNS estimates
100 will be approved, and will require State agencies to report on
waiver implementation within 1 year of the approval date. It takes
approximately 30 minutes (.5 hours) for State agencies to develop and
submit evaluation data on statewide waiver implementation (100
responses x .5 hours = 50 hours).
Food Distribution State program staff will have one type of burden:
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<bullet> FNS292A: Food Distribution Program Staff in 60 State
Agencies will submit form FNS 292A 52 times (weekly over twelve
months). It will take them approximately 15 minutes to complete the
form each time for a total of 780 burden hours (60 State Agency Staff x
52 submissions = 3,120 responses x .25 hours = 780 burden hours).
WIC Local Government Agency Staff: Local Agency staff in about 800
Local WIC agencies will submit 1 survey to FNS. It will take 1 hour to
complete and submit the report for a total of 800 burden hours (800
Local Agency Staff x 1 submission = 800 responses x 1 hour = 800 burden
hours).
Table 1--Respondent Estimated Burden Table
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Estimated Total Annual
Respondent category and type Number of frequency annual Hours per estimated
of respondent Instruments respondents of estimated response burden
response responses (hours)
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State Government Estimates
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SNAP State Program........... Waiver.......... 53 12 636 10 6,360
SNAP State Program........... Data Reports.... 53 3 159 3 477
SNAP State Agency............ Weekly 53 52 2,756 1 2,756
Operational
Update.
WIC State Program Staff...... Evaluation 20 1 20 2 40
Survey.
WIC State Program Staff...... MIS Data Pull... 20 1 20 1.5 30
FMNP State Program Staff..... Evaluation Info. 22 1 22 2 44
CN State Agency.............. Review 12(l) 67 1 67 .25 16.75
waiver guidance.
CN State Agency.............. 12(l) Waiver 67 1.94 130 1 130
Development and
Submission.
CN State Agency.............. 12(l) Waiver 67 1.94 130 .5 65
Public Notice.
CN State Agency.............. 12(l) Reporting. 67 1.5 100 .5 50
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Local Government Estimates
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Food Distribution State Form FNS292A.... 60 52 3,120 .25 780
Program.
WIC Local Agency Program Report to State. 800 1 800 1 800
Staff.
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Respondent Estimated ................ 1,349 129.38 7,960 23 11,548.75
Total.
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Cynthia Long,
Administrator, Food and Nutrition Service.
[FR Doc. 2021-27223 Filed 12-15-21; 8:45 am]
BILLING CODE 3410-30-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.