Agency Information Collection Activities: Supplemental Nutrition Assistance Program (SNAP)-Waiver Requests To Offer Incentives to SNAP Recipients at SNAP Authorized Stores

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Published

February 8, 2023

Issuing agencies

Agriculture DepartmentFood and Nutrition Service

Abstract

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This is an existing collection in use without an OMB Control Number in which we are seeking approval to establish a process for requesting a waiver from the Food and Nutrition Service (FNS) to offer SNAP recipients incentives at SNAP authorized retailer locations that encourage them to purchase healthier foods. This collection burden only affects SNAP retailers as well as private organizations or governmental entities who partner with SNAP retailers. There are no data collection activities for SNAP households in this request.

Full Text

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<title>Federal Register, Volume 88 Issue 26 (Wednesday, February 8, 2023)</title>
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[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Notices]
[Pages 8255-8256]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02660]

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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

Agency Information Collection Activities: Supplemental Nutrition
Assistance Program (SNAP)--Waiver Requests To Offer Incentives to SNAP
Recipients at SNAP Authorized Stores

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this
notice invites the general public and other public agencies to comment
on this proposed information collection. This is an existing collection
in use without an OMB Control Number in which we are seeking approval
to establish a process for requesting a waiver from the Food and
Nutrition Service (FNS) to offer SNAP recipients incentives at SNAP
authorized retailer locations that encourage them to purchase healthier
foods. This collection burden only affects SNAP retailers as well as
private organizations or governmental entities who partner with SNAP
retailers. There are no data collection activities for SNAP households
in this request.

DATES: Written comments must be received on or before April 10, 2023.

ADDRESSES: The Food and Nutrition Service, USDA, invites interested
persons to submit written comments on this information collection.
Comments may be submitted in writing by one of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for submitting
comments.
<bullet> Mail: Comments should be addressed to Marga Ortiz, Chief,
Retailer Policy Branch, Retailer Policy Division, 1320 Braddock Place,
Alexandria, Virginia 22314.
All responses to this notice summarized and included in the request
for Office of Management and Budget 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 Marga Ortiz
at 703-305-2546.

SUPPLEMENTARY INFORMATION: 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
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: SNAP Retailer Incentive Waiver Request.
Form Number: Not Applicable.
OMB Number: 0584-NEW.
Expiration Date: Not Yet Determined.
Type of Request: Existing collection in use without an OMB Control
Number.
Abstract: SNAP equal treatment provisions at 7 CFR 278.2(b) and 7
CFR 274.7(f) require that SNAP recipients receive treatment equal to
that received by other customers at all stores authorized to
participate in SNAP with the exception that sales tax may not be
charged on eligible foods purchased with SNAP benefits. This equal
treatment provision prohibits both negative treatment (such as
discriminatory practices) as well as preferential treatment (such as
incentive programs). Pursuant to Section 4008 of the Agriculture
Improvement Act of 2018, Public Law 115-334 (2018 Farm Bill),
individual SNAP authorized retailers (or private organizations or
governmental entities, which partner with authorized stores) may
request that FNS waive the SNAP equal treatment provisions in order to
be allowed to implement an incentive program the meets the requirements
under 7 U.S.C. 2018(j) to encourage SNAP recipients to purchase
healthier foods. Most SNAP authorized stores that offer incentives to
SNAP recipients are either farmers' markets or part of a federally-
funded grant program that is authorized by statute, including the Gus
Schumacher Nutrition Incentive Program (GusNIP) administered by the
USDA's National Institute of Food and Agriculture (NIFA), and the
Healthy Fluid Milk Incentive (HFMI) project administered by the Food
and Nutrition Service.
Farmer's markets are also already authorized to provide incentives
to SNAP recipients under a blanket FNS waiver of the SNAP equal
treatment provision, specifically for farmers' markets. Only incentive
projects that are funded outside of a Federal grant, other than
projects funded by farmers' markets, are required to have a waiver from
FNS to provide incentives to SNAP households at authorized SNAP
retailer locations. FNS provided incentive waivers to SNAP retailers
prior to passage of the 2018 Farm Bill under FNS' regular waiver
process and has been providing the waivers under a streamlined approach
since 2020. Over the past 3 years, FNS has received an average of nine
incentive waiver requests that generally cover multiple retailer
locations, and we expect those numbers to increase over the next 5
years. With this new streamlined process, the Department estimates that
out of 254,350 authorized retailers that participate in our program,
approximately 730 different retailers would be covered under 15
different incentive waiver requests annually. In general, the waivers
are granted for three years.
The process for requesting a waiver involves utilizing a form on
FNS' website that is directly fillable online and automatically sent to
FNS through the website. The information a retailer must submit
includes:
1. Requestor Information;
2. Dates of Operation;
3. Retailer location(s), including the FNS number, name, and
address of each participating retailer;
4. Foods being incentivized;
5. Description of the incentive model; and
6. The goal of the incentive program.
The Department has identified and outlined the activity and the
estimated burden hours associated with submitting a SNAP Retailer
Incentive Waiver Request.

SNAP Retailer Incentive Waiver Request

Affected Public: (a) Business or other for-profit, (b) Not-for-
profit institution, and (c) State, local or Tribal Government.
Respondent groups identified include: Up to a total of four SNAP
authorized stores, five not-for-profit institutions, and six State,
local or Tribal governments, which are neither farmers' markets nor
operating an incentive program under a Federal grant.

[[Page 8256]]

Business or Other For-Profit/Not-For-Profit Institution/State, Local or
Tribal Government Annual Burden

Estimated Annual Number of Respondents: 15.
Estimated Annual Number of Responses per Respondent: 1.
Estimated Total Annual Responses: 15.
Estimated Annual Time per Response: 2 hours.
Estimated Total Annual Burden on Respondents: 30 hours.
See the table below for estimated total annual burden for each type
of respondent.

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Estimated
Estimated Responses Total avg. # of Estimated
Respondent CFR citation Activity annual # annually annual hours per annual
respondent per responses response total hours
respondent annually
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Business or other for-profit......... 7 CFR 274.7(f) and SNAP Retailer Incentive 4.00 1.00 4.00 2.0 8.0
278.2(b). Waiver Request.
Not-for-profit institution........... 7 CFR 274.7(f) and SNAP Retailer Incentive 5.00 1.00 5.00 2.0 10.0
278.2(b). Waiver Request.
Sub-total of for-profit ....................... ....................... 9.00 1.00 9.00 4.0 18.0
businesses and not-for-profit
institutions.
State, local or Tribal Government.... 7 CFR 274.7(f) and SNAP Retailer Incentive 6.00 1.00 6.00 2.0 12.0
278.2(b). Waiver Request.
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Grand Total Reporting Burden. ....................... ....................... 15 1 15 6.0 30.0
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Hourly Base salary
Total FNS salaries for Fringe + fringe
Requirement--national office responses FNS hrs per response Total federal GS13, step 1 FNS base benefits at benefits =
per year response per hours GS14, step 1 salary costs 33% total
respondent GS15, step 1 salary
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A B C D E F G H I

(B x C x D = E) (E x F = G) (G x .33 = (G + H = I) ...........
H)
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a. Program Analyst GS13 Step 1. Estimates 15 1.25 1 18.75 $53.67 $1,006.31 $332.08 $1,338.40
of Annualized Cost to Federal Government
for reviewing, drafting response, sending
response.................................
b. Program Branch Chief GS14 Step 1. 15 0.5 1 7.5 63.43 475.73 156.99 632.71
Estimates of Annualized Cost to Federal
Government for drafting, reviewing and
approving response.......................
c. Program Division Director GS15 Step 1. 15 0.25 1 3.75 74.60 279.75 92.32 372.07
Estimates of Annualized Cost to Federal
Government for, reviewing and approving
response.................................
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30 2,343.18
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Tameka Owens,
Assistant Administrator, Food and Nutrition Service.
[FR Doc. 2023-02660 Filed 2-7-23; 8:45 am]
BILLING CODE 3410-30-P

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