Notice2024-10204
Agency Information Collection Activities: Supplemental Nutrition Assistance Program (SNAP) Repayment Demand and Program Disqualification
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Published
May 10, 2024
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 a revision of currently approved information collection requirements associated with initiating collection actions against individuals/households (I/HH) who have received an overissuance in SNAP.
Full Text
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<title>Federal Register, Volume 89 Issue 92 (Friday, May 10, 2024)</title>
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[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Notices]
[Pages 40458-40462]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10204]
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Agency Information Collection Activities: Supplemental Nutrition
Assistance Program (SNAP) Repayment Demand and Program Disqualification
AGENCY: Food and Nutrition Service (FNS), Department of Agriculture.
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 a revision of
currently approved information collection requirements associated with
initiating collection actions against individuals/households (I/HH) who
have received an overissuance in SNAP.
DATES: Written comments must be received on or before July 9, 2024.
ADDRESSES: Comments may be sent to: Maribelle Balbes, Food and
Nutrition Service, U.S. Department of Agriculture, 1320 Braddock Place,
5th Floor, Alexandria, VA 22314. Comments may also be submitted via
email to <a href="/cdn-cgi/l/email-protection#0c7f626d7c7f6d6e4c797f686d226b637a"><span class="__cf_email__" data-cfemail="d1a2bfb0a1a2b0b391a4a2b5b0ffb6bea7">[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 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 Jennifer
Ragan at <a href="/cdn-cgi/l/email-protection#5625383726253734162325323778313920"><span class="__cf_email__" data-cfemail="22514c435251434062575146430c454d54">[email protected]</span></a>, 703-457-6786.
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: Supplemental Nutrition Assistance Program Repayment Demand
and Program Disqualification.
Form Number: N/A.
OMB Control Number: 0584-0492.
Expiration Date: 07/31/2024.
Type of Request: Revision of a currently approved collection.
Abstract: Section 13(b) of the Food and Nutrition Act of 2008, as
amended (7 U.S.C. 2022(b)), and SNAP regulations at 7 CFR 273.18
require State agencies to initiate collection action against I/HH that
have been overissued benefits. To initiate collection action, State
agencies must provide an affected I/HH with written notification
informing the I/HH of the claim and demanding repayment. This process
is automated in most State agencies.
SNAP regulations at 7 CFR 273.16(e)(3) require State agencies to
investigate any case of suspected fraud and, where applicable, make an
Intentional Program Violation (IPV) determination either
administratively or judicially. Notifications and activities involved
in the IPV process include:
--The State agency providing written notification informing an
individual suspected of committing an IPV of an impending
administrative disqualification hearing or court action;
--An individual opting to accept the disqualification and waiving the
right to an administrative disqualification hearing or court action by
signing either a waiver to an administrative disqualification hearing
or a disqualification consent agreement in cases of deferred
adjudication and returning it to the State agency; and
--Once a determination is made regarding an IPV, the State agency
sending notification to the affected individual of the action taken on
the administrative disqualification hearing or court decision.
SNAP regulations at 7 CFR 273.16 require State agencies to use
disqualified recipient data to ascertain the correct penalty for IPVs,
based on prior disqualifications. State agencies determine this by
accessing and reviewing records located in the Electronic Disqualified
Recipient System (eDRS). eDRS is an automated system developed by the
Food and Nutrition Service that contains records of disqualifications
in every State. State agencies are also responsible for updating the
system, as required at 7 CFR 237.16, which includes reporting
disqualifications in eDRS as they occur and updating eDRS when records
are no longer accurate, relevant, or complete.
This information collection covers activities associated with
initiating overissuance collections and IPV determinations. The burden
associated with reporting collections and other claims management
information on the FNS-209 form is covered under the Food Program
Reporting System, OMB control number 0584-0594, expiration date 09/30/
2026. The burden associated with referring delinquent claims and
receiving collections through the Treasury Offset Program is covered
under currently approved OMB control number 0584-0446, expiration date
09/30/2025.
Summary of Estimated Burden
The burden consists of two major components: the initiation of
overissuance collections and actions associated with IPV
determinations. As an exception, due to the variances in data
associated with implementing COVID flexibilities during the Public
Health Emergency, a 3-year average for fiscal years 2021-2023 has been
used to compare against the currently approved burden. The estimated
total 3-year average annual burden for this collection is 99,786.9643
hours (69,343.3710 State agency reporting hours + 14,910.3556 I/HH
reporting hours + 15,533.2377 State agency recordkeeping hours). The
net aggregate change to this collection is a decrease of 35,739.02
total burden hours from the currently approved burden of 135,525.9843
hours. The estimated total annual responses for this collection is
1,498,759.9962 responses (547,029.3333 State agency reporting total
annual response + 486,663.6667 I/HH reporting total annual responses +
465,066.9962 State agency recordkeeping total annual records). The
burden hours associated with overissuance collection initiation and IPV
activity have decreased due to a decrease in the number of claims
established and the number of States initiating IPV activity against
SNAP I/HH over the last 3 fiscal years (2021-2023).
[[Page 40459]]
Reporting
Affected Public: State, Local and Tribal government (State agency);
I/HH.
Respondent Type: SNAP participants.
State Agency Reporting Burden
States have done these activities for many years. Based on prior
experience in how long these activities take, FNS estimates it will
take the 53 State agencies an average 7 minutes (0.1268 hours) to issue
each letter or notice or take the actions described below. The
following is a summary total for the activities described below.
Estimated Number of Respondents: 53.
Estimated Total Number of Responses per Respondent: 10,321.3082.
Estimated Total Annual Responses: 547,029.3333.
Estimated Time per Response: 0.1268.
Estimated Total Annual Reporting Burden: 69,343.3710.
Demand Letter for Overissuance 7 CFR 273.18 (a)(2)
Based on many years of doing these activities, FNS estimates it
will take the 53State agencies 8 minutes (0.1336 hours) to issue a
Demand Letter, and that they will issue 7,339.2642 letters each, for a
total of 51,967.8616 hours. The prior approval included 74,787.2760
hours. The new burden estimate is 22,819.4144 fewer hours than the
previously approved burden amount due to program adjustments. (53 State
agencies * 7,339.2642 letters each * 8 minutes (0.1336 hours) =
51,967.8616 hours). Prior approval 74,787.2760 hours-51,967.8616 hours
= 22,819.4144 hours less than the currently approved burden amount).
Notice for Hearing or Prosecution 7 CFR 273.16(e)(3)
FNS estimates that 53 State agencies will issue 745.3333 Notices
for Hearing or Prosecution for a total of 39,502.6667 responses. FNS
estimates it will take approximately 8 minutes (0.1336 hours) to issue
a Notice for Hearing or Prosecution for an estimated 5,277.5563 total
hours. The previously approved burden was 5,716.6104 hours. This
represents a change of 439.0541 fewer hours associated with this burden
due to program adjustments. (53 State agencies * 745.3333 responses * 8
minutes (0.1336 hours) = 5,277.5563 hours). Prior approval 5,716.6104
hours-5,277.5563 hours = 439.0541 hours less than previously approved
burden.)
Action Taken on Hearing or Court Decision: For IPV Findings 7 CFR
273.16(e)(9)
FNS estimates that 53 State agencies will take action on 690.2516
IPV findings for a total of 36,583.3333 responses. FNS estimates that
it will take approximately 10 minutes (0.1670 hours) for a State agency
to take action on a court decision for IPV findings for a total of
6,109.4167 annual burden hours. This represents a change of 419.7823
fewer hours from the previously approved burden of 6,529.1990 hours due
to program adjustments. (53 State agencies * 690.2516 responses * 10
minutes (0.167 hours) = 6,109.4167 hours). Prior approval hours
6,529.1990-6,109.4167 hours = 419.7823 hours less than previously
approved burden.)
Action Taken on Hearing or Court Decision: For No IPV Findings 7 CFR
273.16(e)(9)
FNS estimates that 53 State agencies will take action on 83.1258
instances of no IPVs as a result of a hearing or court decision for a
total of 4,405.6667 total responses. FNS estimates that it will take
approximately 5 minutes (0.0835 hours) for a State agency to take
action on a hearing or court decision for no IPV findings for a total
of 367.8732 annual burden hours. This represents a change of 59.5912
additional burden hours from the previously approved burden of 308.2820
hours due to program adjustments. (53 State agencies * 83.1258
responses * 5 minutes (0.0835 hours) = 367.8732 hours). Prior approval
308.2820 hours-367.8732 hours = 59.5912 additional burden hours than
previously reported.)
Electronic Disqualified Recipient System Breakout For eDRS Reporting 7
CFR 273.16(i)(2)(i)
FNS estimates that 53 State agencies will generate reporting from
their eDRS system 690.2516 times for a total of 36,583.3333 annual
responses. FNS estimates that it will take approximately 5 minutes
(0.0835 hours) for a State agency to generate reporting from eDRS for a
total of 3,054.7083 burden hours. This represents a change of 209.8912
fewer burden hours from the previously approved burden of 3,264.5995
hours due to program adjustments. (53 State agencies * 690.2516
responses * 5 minutes (0.0835 hours) = 3,054.7083 hours). Prior
approval of 3,264.5995 hours-3,054.7083 hours = 209.8912 fewer burden
hours than previously reported.)
Electronic Disqualified Recipient System Breakout: For Editing and
Resubmission 7 CFR 272.1(f)(3)
FNS estimates that 53 State agencies will edit and resubmit
reporting to the eDRS system 82.8302 times for a total of 4,390.0000
annual responses. FNS estimates that it will take approximately 10
minutes (0.167 hours) for a State agency to edit and resubmit reporting
to eDRS for a total of 733.1300 burden hours. This represents a change
of 50.3739 fewer burden hours from the previously approved 783.5039
hours due to program adjustments. (53 State agencies * 82.8302
responses * 10 minutes (0.167 hours) = 733.1300 hours). Prior approval
of 783.5039 hours-733.1300 = 50.3739 fewer burden hours than previously
reported.)
Electronic Disqualified Recipient System Breakout: For Penalty
Checks using Mainframe 7 CFR 273.16(i)(4)
FNS estimates that 53 State agencies will use eDRS for penalty
checks using the mainframe 690.2516 times for a total of 36,583.3333
annual responses. FNS estimates that it will take approximately 3
minutes (0.0501 hours) for a State agency to run a penalty check using
the mainframe for a total of 1,832.8250 burden hours. This represents a
change of 125.9347 fewer burden hours from the previously approved
1958.7597 hours due to program adjustments. (53 State agencies *
690.2516 responses * 3 minutes (0.0501 hours) = 1,832.8250 hours).
Prior approval of 1958.7597 hours-1,832.8250 hours = 125.9347 less
annual burden hours than previously reported.)
I/HH Reporting Burden
Based on prior experience in how long these activities take, FNS
estimates it will take the 486,663.6667 I/HH respondents an average of
less than 2 minutes (0.0306 hours) to respond as requested by the State
agency. The following is a summary total for the activities related to
I/HH reporting requirements as described below.
Estimated Number of Respondents: 486,663.6667.
Estimated Number of Responses per Respondent: 1.
Total Number of Annual Responses: 486,663.6667.
Estimated Time per Response: 0.0306.
Estimated Total Annual Reporting Burden: 14,910.3556.
Initiation of Overissuance Collection 7 CFR 273.18(a)(2)
Based on many years of reporting these activities, FNS estimates
approximately 388,981.0000 respondents will respond 1 time for a demand
letter for overissuance for a total of 388,981.0000 annual responses.
FNS estimates that it will take approximately 2 minutes (0.0334 hours)
for a respondent to respond to a demand letter for a total estimate of
12,991.9654 annual burden hours. This represents a change of 5,704.8536
fewer annual burden hours from the previously
[[Page 40460]]
approved burden of 18,696.8190 hours due to a program adjustment.
(388,981.0000 respondents * 1 response per respondent * 2 minutes
(0.0334 hours) = 12,991.9654 hours). Prior approval of 18,696.8190-
12,991.9654 = 5,704.8536 fewer annual burden hours than previously
reported for I/HH.)
Notice for Hearing or Prosecution 7 CFR 273.16(e)(3)
FNS estimates approximately 39,502.6667 respondents will respond 1
time for a notice for hearing or prosecution for a total of 39,502.6667
annual responses. FNS estimates that it will take approximately 1
minute (0.0167 hours) for a respondent to read a notice for hearing or
prosecution for a total estimate of 659.6945 annual burden hours. This
represents a change of 57.8818 fewer annual burden hours from the
previously approved burden of 714.5763 hours due to a program
adjustment. (39,502.6667 respondents * 1 response per respondent * 1
minute (0.0167 hours) = 659.6945 hours). Prior approval of 714.5763-
659.6945 = 54.8818 fewer annual burden hours than previously reported
for I/HH.)
Administrative Disqualification Hearing Waiver 7 CFR 273.16(i)(2)
FNS estimates approximately 14,542.6667 respondents will respond 1
time for an administrative disqualification hearing waiver for a total
of 14,542.6667 annual responses. FNS estimates that it will take
approximately 2 minutes (0.0334 hours) for a respondent to submit an
administrative disqualification hearing waiver for a total estimate of
485.7251 annual burden hours. This represents a change of 37.4525 fewer
annual burden hours from the previously approved burden of 523.1776
hours due to a program adjustment. (14,542.6667 respondents * 1
response per respondent * 2 minutes (0.0334 hours) = 485.7251 hours).
Prior approval of 523.1776-485.7251 = 37.4525 fewer burden hours than
previously reported for I/HH.)
Disqualification Consent Agreement 7 CFR 273.16(i)(2)
FNS estimates approximately 2,648.3333 respondents will respond 1
time for a disqualification consent agreement for a total of 2,648.3333
annual responses. FNS estimates that it will take approximately 2
minutes (0.0334 hours) for a respondent to submit a disqualification
consent agreement for a total estimate of 88.4543 annual burden hours.
This represents a change of 8.3389 fewer annual burden hours from the
previously approved burden of 96.7932 hours due to a program
adjustment. (2,648.3333 respondents * 1 response per respondent * 2
minutes (0.0334 hours) = 88.4543 hours). Prior approval of 96.7932-
88.4543 = 8.3389 fewer burden hours than previously reported for I/HH.)
Action Taken on Hearing or Court Decision: For IPV Findings 7 CFR
273.16(e)(9)
FNS estimates approximately 36,583.3333 respondents will respond 1
time for an action taken on hearing or court decision for IPV findings
for a total of 36,583.3333 annual responses. FNS estimates that it will
take approximately 1 minute (0.0167 hours) for a respondent to submit
an action taken on hearing or court decision for IPV findings for a
total estimate of 610.9417 annual burden hours. This represents a
change of 41.9782 fewer annual burden hours from the previously
approved burden of 652.9199 hours due to a program adjustment.
(36,583.3333 respondents * 1 response per respondent * 1 minute (0.0167
hours) = 610.9417 hours). Prior approval of 652.9199-610.9417 = 41.9782
fewer burden hours than previously reported for I/HH.)
Action Taken on Hearing or Court Decision: For No IPV Findings 7
CFR 273.16(e)(9)
FNS estimates approximately 4,405.6667 respondents will respond 1
time for an action taken on hearing or court decision for no IPV
findings for a total of 4,405.6667 annual responses. FNS estimates that
it will take approximately 1 minute (0.0167 hours) for a respondent to
submit an action taken on a hearing or court decision for no IPV
findings for a total estimate of annual 73.5746 burden hours. This
represents a change of 11.9182 additional annual burden hours from the
previously approved burden of 61.6564 hours due to a program
adjustment. (4,405.6667 respondents * 1 response per respondent * 1
minute (0.0167 hours) = 73.5746 hours). Prior approval 61.6564-73.5746
= 11.9182 additional burden hours than previously reported for I/HH.)
Recordkeeping
State Agency Recordkeeping Burden
States have done these activities for many years. Based on prior
experience in how long these activities take, FNS estimates it will
take the 53 State agencies an average of 2 minutes (0.0334 hours) to
perform the required recordkeeping. The following is a summary total
for the activities described below.
Estimated Number of Recordkeepers: 53.
Estimated Total Records per Recordkeeper: 8,774.8490.
Estimated Total Annual Records: 465,066.9962.
Estimated Average # of Hours per Response: 0.0334.
Estimated Total Recordkeeping Hours: 15,533.2377.
Initiation of Overissuance Collection 7 CFR 272.1(f)
Based on many years of performing these activities, FNS estimates
that 53 State agencies will perform recordkeeping for initiating a
collection action approximately 7,339.2642 times for a total of
388,981.0000 annual records. FNS estimates that it will take
approximately 2 minutes (0.0334 hours) for a State agency to perform
recordkeeping for initiation of a collection action for a total of
12,991.9654 burden hours. This represents a change of 5,704.8536 fewer
burden hours from the previously approved burden of 18,696.8190 hours
due to program adjustments. (53 State agencies * 7,339.2642 records * 2
minutes (0.0334 hours) = 12,991.9654 hours). Prior approval of
18,696.8190 hours-12,991.9654 hours = 5,704.8536 fewer annual burden
hours than previously reported.)
IPV Determinations 7 CFR 272.1(f)
FNS estimates that 53 State agencies will perform recordkeeping for
IPVs 1,435.5848 times for a total of 76,085.9962 annual records. FNS
estimates that it will take approximately 2 minutes (0.0334 hours) for
a State agency to update records for IPVs for a total of 2,541.2723
annual burden hours. This represents a change of 193.7201 fewer annual
burden hours from the previously approved burden of 2,734.9924 hours
due to program adjustments. (53 State agencies * 1,435.5848 records * 2
minutes (0.0334 hours) = 2,541.2723 hours). Prior approval of
2,734.9924 hours-2,541.2723 = 193.7201 fewer annual burden hours than
previously reported.)
Overall Grand Total Reporting and Recordkeeping Burden for All Affected
Public
Estimated Overall Total Number of Respondents: 486,769.6667.
Estimated Overall Responses per Respondents: 3.0790.
Estimated Overall Total Annual Responses: 1,498,759.9962.
Estimated Overall Time per Response: 0.0666.
Estimated Overall Grand Total Annual Reporting and Recordkeeping
Burden: 99,786.9643.
[[Page 40461]]
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Total annual Estimated avg.
Respondent category (affected Type of respondents Burden activity CFR Section of Estimated number Responses per responses (Col. number of hours Estimated total
public) regulations of respondents respondent ExF) per response hours (Col. GxH)
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REPORTING
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State Agency Reporting
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State Government................ State Agency....... Demand Letter for 273.18(a)(2) 53 7,339.2642 388,981.0000 0.1336 51,967.8616
Overissuance.
Notice for Hearing or 273.16(e)(3) 53 745.3333 39,502.6667 0.1336 5,277.5563
Prosecution.
Action Taken on Hearing 273.16(e)(9) 53 690.2516 36,583.3333 0.1670 6,109.4167
or Court Decision: For
IPV Findings.
Action Taken on Hearing 273.16(e)(9) 53 83.1258 4,405.6667 0.0835 367.8732
or Court Decision: For
No IPV Findings.
Electronic Disqualified 273.16(i)(2)(i) 53 690.2516 36,583.3333 0.0835 3,054.7083
Recipient System
Breakout: For eDRS
Reporting.
Electronic Disqualified 272.1(f)(3) 53 82.8302 4,390.0000 0.1670 733.1300
Recipient System
Breakout: For Editing
and Resubmission.
Electronic Disqualified 273.16(i)(4) 53 690.2516 36,583.3333 0.0501 1,832.8250
Recipient System
Breakout: For Penalty
Checks using Mainframe.
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State Agency Reporting Sub-Total 53 10,321.3082 547,029.3333 0.1268 69,343.3710
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Individuals/Household Reporting
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Individuals/Household........... SNAP Households.... Demand Letter for 273.18(a)(2) 388,981.0000 1 388,981.0000 0.0334 12,991.9654
Overissuance.
Notice for Hearing or 273.16(e)(3) 39,502.6667 1 39,502.6667 0.0167 659.6945
Prosecution.
Administrative 273.16(i)(2) 14,542.6667 1 14,542.6667 0.0334 485.7251
Disqualification
Hearing Waiver.
Disqualification 273.16(i)(2) 2,648.3333 1 2,648.3333 0.0334 88.4543
Consent Agreement.
Action Taken on Hearing 273.16(e)(9) 36,583.3333 1 36,583.3333 0.0167 610.9417
or Court Decision: For
IPV Findings.
Action Taken on Hearing 273.16(e)(9) 4,405.6667 1 4,405.6667 0.0167 73.5746
or Court Decision: For
No IPV Findings.
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Individuals/Household Reporting Sub-Total 486,663.6667 1 486,663.6667 0.0306 14,910.3556
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Total Reporting 486,716.6667 10,322.3082 1,033,693.0000 0.0815 84,253.7267
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Recordkeeping
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State Government................ State Agency....... Recordkeeping Breakout: 272.1(f) 53 7,339.2642 388,981.0000 0.0334 12,991.9654
For initiating
Collection Action.
Recordkeeping Breakout: 272.1(f) 53 1,435.5848 76,085.9962 0.0334 2,541.2723
For IPVs.
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Total Recordkeeping 53 8,774.8490 465,066.9962 0.0334 15,533.2377
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TOTAL BURDEN
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Grand Total Reporting and Recordkeeping 486,769.6667 3.0790 1,498,759.9962 0.0666 99,786.9643
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[[Page 40462]]
Tameka Owens,
Assistant Administrator, Food and Nutrition Service.
[FR Doc. 2024-10204 Filed 5-9-24; 8:45 am]
BILLING CODE 3410-30-P
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