Notice2024-31264
Agency Information Collection Activities: Waiver and State Plans (WiSP)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 30, 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 collection is a: New collection.
Full Text
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<title>Federal Register, Volume 89 Issue 249 (Monday, December 30, 2024)</title>
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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106420-106422]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31264]
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Agency Information Collection Activities: Waiver and State Plans
(WiSP)
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 collection is a: New
collection.
DATES: Written comments must be received on or before TBD February 28,
2025.
ADDRESSES: We invite you to submit written comments on this notice.
--Preferred method: Federal eRulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, and follow the online instructions for submitting
comments electronically.
--Mail: Amanda Vega, WIC Program Integrity and Monitory Branch, Food
and Nutrition Service, U.S. Department of Agriculture, 1320 Braddock
Place, Alexandria, Virginia 22314.
--Email: email comments to <a href="/cdn-cgi/l/email-protection#8beae6eae5efeaa5fdeeeceacbfef8efeaa5ece4fd"><span class="__cf_email__" data-cfemail="39585458575d58174f5c5e58794c4a5d58175e564f">[email protected]</span></a>.
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 Andrea
Whitley at <a href="/cdn-cgi/l/email-protection#5b3a353f293e3a752c33322f373e221b2e283f3a753c342d"><span class="__cf_email__" data-cfemail="aecfc0cadccbcf80d9c6c7dac2cbd7eedbddcacf80c9c1d8">[email protected]</span></a>, 703-305-2465.
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: Waivers and State Plans (WiSP).
Form Number: Not Yet Determined.
OMB Number: Not Yet Assigned.
Expiration Date: Not Yet Determined.
Type of Request: New collection.
Abstract: The burden activities that are covered by this
Information Collection Request include the transition from individual
collections for Program waivers and State Plans to a new application
supporting multiple USDA Programs. This application will allow State
agencies to request Program waivers and submit State Plans to the USDA
Food and Nutrition Service (FNS), FNS staff to manage data provided
within the application, and covers the gathering and maintenance of all
supporting data from each State agency. The Waivers and State Plans
(WiSP) application will support the following USDA Programs and be
available to all participating State agencies in each Program: Special
Supplemental Nutrition Program for Woman, Infants and Children (WIC),
Farmers Market Nutrition Program (FMNP), and Seniors Farmers Market
Nutrition Program (SFMNP).
The purpose of WIC is to provide supplemental foods, nutrition
education, and health care referrals to low income, nutritionally at-
risk pregnant, breastfeeding and postpartum women, infants, and
children up to age five. The WIC Program is authorized by the Child
Nutrition Act of 1966, as amended. WIC currently operates through a
Federal/State partnership in which the Department of Agriculture/Food
and Nutrition Service (FNS) provides grants to State agencies in 50
U.S. States, 6 U.S. Territories, and 32 Indian Tribal Organizations
(ITO's). The WIC Program requirements are specified in Section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(m)(8)), and WIC
regulations at 7 CFR part 246.
FMNP is designed to provide fresh, unprepared, locally grown fruits
and vegetables to WIC participants and expand the awareness, use of,
and sales at farmers markets. FMNP currently operates through a
Federal/State partnership in which FNS provides grants to State
agencies in 42 U.S. States, 3 U.S. Territories, and 6 ITOs. FMNP
Program requirements are specified in Section 17(m)(8) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(m)(8)), and FMNP regulations at 7
CFR part 248.
SFMNP is designed to provide low-income seniors with access to
locally grown fruits, vegetables, honey and herbs and aid in the
development of new and additional farmers markets, roadside stands, and
community support agricultural programs. SFMNP currently operates
through a Federal/State partnership in which FNS provides grants in 44
U.S. States, 3 U.S. Territories, and 7 ITOs. SFMNP Program requirements
are specified in the Farm Security and Rural Investment Act of 2002, as
amended, (Pub. L. 107-171) and SFMNP regulations at 7 CFR part 249.
The reporting and record-keeping burden activities that are covered
by the information collection include requirements that involve the new
application allowing State agencies to submit waiver requests and State
Plan submissions to FNS. The WiSP application will provide a way for
State agency staff to request pre-defined standard waivers, nationwide
opt-in waivers, disaster related waivers, and to build custom ad hoc
waiver requests. The application will support current and future
legislation providing FNS with waiver authority for WIC, FMNP, and
SFMNP program requirements. Depending on the legislation, this waiver
authority may be temporary, as is the case for waivers granted under
the American Rescue Plan Act (ARPA, Pub. L. 117-2), or permanent, as is
the case for waivers granted under the Access to Baby Formula Act of
2022 (ABFA, Pub. L. 117-129). Application users will be able to respond
to requests for more information, as needed, within the application.
This will streamline the waiver request process and ensure that all
waiver correspondence is kept associated to the waiver request. Waivers
are requested on an as needed basis, and not all State agencies will
request a waiver for a Program requirements. Waivers are authorized by
specific legislation and may have a
[[Page 106421]]
scope that only applies to some of the Programs. State Plan Program
operations are also supported in the WiSP application. Federal
regulations require that State Plan Program-related information be
collected and that full and complete records concerning Program
operations are maintained. State Plans are the principal source of
information about how each State agency operates WIC, FMNP and SFMNP.
State agencies gather information to inform their initial and annual
State Plan submissions throughout their work during an average year.
This involves consolidating and summarizing the results of: local
agency authorization and monitoring; participant certification of
eligibility; authorized outlet selection, authorization,
disqualification, monitoring visits, and monitoring reviews; face-to-
face training results; Food instrument receipt, issuance, and
disposition; complaint handling; policy establishment for sanctions;
financial management system establishment and maintenance; management
evaluation system establishment and maintenance; and corrective action
plan establishment and maintenance all of which are associated to the
reporting burden approved under OMB Control Numbers: 0584-0687 (WIC),
0584-0447 (FMNP) and 0584-0541 (SFMNP).
Current and new State agencies are required to submit State Plans
annually per the guidelines of the respective Programs, as an
application or prerequisite to the receipt of federal funds from FNS.
Each Program has one or more designated checklists that cover
different Program requirements. FMNP and SFMNP optionally allow for
some Programs to be combined into a single, consolidated State Plan
checklist. The new application will support each Program's individual
checklists, and allowable, consolidated checklists.
WIC State agencies are required to submit their full Program
planning data in 10 distinct checklist documents. Each fiscal year,
only a portion of the total checklists are required to be submitted.
The required checklists are published prior to the due date of WIC
State Plans and apply equally to all State agencies. It is estimated
that each State agencies will be required to annually submit 4
checklists per FY from each WIC State agency. State agencies may choose
provide updates to the other 6 checklists on file but are not required
to submit updates for these.
FMNP and SFMNP Programs require that each of their State agencies
submit 1 (one) of the of the 3 different versions of State Plan
checklists available: FMNP only, SFMNP only, and S/FMNP Consolidated.
The Consolidated checklist is for State agencies who administer both
Programs.
The burden table information collection items are grouped by
Waivers and then State Plan items, then by the collection items. The
lines in the collection grouping identify the State agency category
group for the respondents. For each collection item, we have identified
the estimated burden by State agency category.
Reporting Burden
Affected Public: Respondent groups identified include State agency
officials from the 50 geographic States, 6 US Territories, and 32
Indian Tribal Organizations. Not all identified State agencies
participate with all Programs or with all application features. Program
Waivers are issued based upon regulations these non-mandatory requests
are available for the State agencies at their option. WIC, FMNP and
SFMNP Programs require that each of their State agencies file a Program
specific State Plan each year.
Estimated Number of Respondents: The total estimated number of
respondents is 2,656 (1176 Waiver respondents + 1480 State Plan
respondents including one time effort activities), which represents the
estimated sum of all State agencies for all applicable FNS Programs,
across all collection items for both Waivers and State Plans.
Estimated Number of Responses per Year: The State agencies will be
able to use the WiSP application to submit Program Waivers, and State
Plans. The estimated total number of responses per year is 2,652.28
(380.28 Waiver responses + 2272.00 State Plan responses including one
time effort activities), which represents the estimated sum of all
requests estimated from State agencies for all applicable FNS Programs,
across all collection items for both Waivers and State Plans. The
distinct number of responses is broken down below for Waivers and then
State Plans.
Estimated Time per Response: The estimated time of response for
both Waivers and State Plans varies from 0.89 to 11.77 hours depending
on respondent group and instrument, as shown in the table below, with
an average estimated time of 10.21 hours for all participants.
Estimated Total Annual Burden on Respondents: The estimated total
annual burden on respondents for both Waivers and State Plan items is
27,074.66 hours. See the table below for estimated total annual burden
for each type of respondent.
Record-Keeping Burden
Affected Public: Record-keeping groups identified include State
agency officials from the 50 geographic States, 6 US Territories, and
32 Indian Tribal Organizations.
Estimated Number of Record-Keepers: The total estimated number of
record-keepers is 196.00 which represents the estimated sum of all
State agencies for all applicable FNS Programs, across all collection
items for State Plans.
Estimated Number of Records per Year: The estimated total number of
annual records is 196.00 for State Plans.
Estimated Time per Record Keeper: The estimated time per record-
keeper for State Plans is 1.00 hours.
Estimated Total Record-Keeping Burden Hours: The estimated total
annual burden on record-keepers State Plans is 196.00 hours.
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Estimated
Estimated annual
Information collected number of frequency of Total annual Hours per Total annual
respondents response per responses response burden (hours)
respondent
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Gathering data for waiver 196.00 0.48 94.90 1.00 94.90
request........................
Waiver request form............. 588.00 0.34 202.47 2.67 162.29
Supplemental Data waiver 196.00 0.16 31.89 1.00 31.89
requests.......................
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Waiver Sub Total............ 1,176.00 0.32 380.28 0.89 340.10
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Import of all existing State 196.00 5.04 988.00 2.00 1,976.00
Plans..........................
Application data entry training. 500.00 1.00 500.00 2.00 1,000.00
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[[Page 106422]]
State Plan One Time Effort 696.00 2.14 1,488.00 2.00 2,976.00
Sub Total..................
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State Plan of Operations........ 588.00 1.00 588.00 40.07 23,562.56
State Plan Record Maintenance... 196.00 1.00 196.00 1.00 196.00
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State Plan Annual Effort Sub 784.00 1.00 784.00 30.30 23,758.56
Total......................
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State Plan Sub Total.... 1,480.00 1.54 2,272.00 11.77 26,734.56
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Grand Totals........ 2,656.00 1.00 2,652.28 10.21 27,074.66
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Tameka Owens,
Acting Administrator and Assistant Administrator, Food and Nutrition
Service.
[FR Doc. 2024-31264 Filed 12-27-24; 8:45 am]
BILLING CODE 3410-30-P
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