#0584-0034 Part A Justification REV

Part A
Supporting Statement for the
FNS-245 and FNS-248
OMB Number 0584-0034
A.

Justification

1.

Explain the circumstances that make the collection of information necessary.
Identify any legal or administrative requirements that necessitate the collection.
Attach a copy of the appropriate section of each statute and regulation mandating
or authorizing the collection of information.
State agencies are required to perform Quality Control (QC) reviews for the Food Stamp
Program (FSP). The FNS-245 (Negative Case Action Review Schedule) and FNS-248
(Status of Sample Selection and Completion), as revised by the Food and Nutrition
Service (FNS), is for State use to collect Quality Control (QC) data and information on
the status of case reviews. Instructions for completing Form FNS-245 are in the Food
and Nutrition Service (FNS) Handbook 310. We are proposing to eliminate form FNS248 in the Proposed Rule entitled “Food Stamp Program: Discretionary Quality Control
Provisions of Title IV of Public Law 107-171” which was published in the Federal
Register on September, 23, 2005. In accordance with current regulations at CFR
275.21(c), State agencies may submit the required information other than on form FNS248. FNS expects to publish a final rule on this subject in October 2006. Until then, the
FNS-248 will remain in effect.
The legislative basis for the QC system is Section 16 of the Food Stamp Act of 1977.
Part 275, Subpart C, of the Food Stamp Program regulations implements the legislative
mandates found in Section 16. The regulatory basis for the QC reporting requirements is
provided by 7 CFR 275.14(d) and 7 CFR 275.21.
The legislative basis for the recordkeeping requirements is Section 11(a) of the Food
Stamp Act of 1977. The Food Stamp Program regulations, in Section 272.1(f), specify
that program records are to be retained for a period of three years from the month of
origin.

2.

Indicate how, by whom, and for what purpose the information is to be used. Except
for a new collection, indicate the actual use the agency has made of the information
received from the current collection.
The FNS-245 (Negative Case Action Review Schedule), as revised by the Food and
Nutrition Service (FNS), serves as the data collection form for negative case action
reviews. Negative case actions include the denial, termination or suspension of benefits.
The form consists of four sections and is used to record data in negative case reviews
only. The first section, Case Management Information, is designed for State use only.
The second section, Identifying Information, provides space for entering information

about the household. In the third section, Analysis of Review Activity, space is allowed
for coding compliance with notice requirements. The fourth section, Description of
Variances, provides for the detailed coding of each distinct variance identified in the
Review and the recorded reasons for the agency’s action.
The FNS-248 (Status of Sample Selection and Completion) collects information
on the status of State agencies’ active and negative case reviews. It is a monthly
report which is used by State and Federal agencies to monitor the progress of
sample selection and completion to help insure compliance with the requirements
of the Act and its regulations. Although States will no longer submit this
information on the FNS-248, they are still required to collect this data.
3.

Describe whether, and to what extent, the collection of information involves the use
of automated, electronic, mechanical, or other technological techniques or other
forms of information technology, e.g., permitting electronic submission of responses,
and the basis for the decision for adopting this means of collection. Also describe
any consideration of using information technology to reduce burden.
The FNS-245 serves as both the data summary entry form that the QC reviewer
completes during each negative QC case review and subsequently as the data
input document for direct data entry into the National Information Technology
Center (NITC). Therefore, while data is manually collected, it is electronically
submitted to NITC for tabulation and analysis.
In an effort to streamline and automate, the Form FNS-248 will be eliminated;
however, State agencies will be allowed to electronically report data and
information using the automated negative system.
In compliance with the Government Paperwork Elimination Act (GPEA), FNS
has reviewed the QC review and sampling process. We have made every effort to
streamline and automate the process.

4.

Describe any efforts to identify duplication.
There is no duplication of effort since there is no similar data available.

5.

If the collection of information involves small business or other small entities,
describe any methods used to minimize burden.
The collection of information does not involve any small businesses or other
small entities.

6.

Describe the consequences to Federal program or policy activities if the
collection is not conducted or is conducted less frequently, as well as any
technical or legal obstacles to reducing burden.

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Invalid denials, terminations or suspensions would not be effectively monitored or
related policy improvements identified without information obtained through the
negative review. Less frequent reporting would delay the awarding of monetary
incentives in which the negative error rate plays a role.
Legal obstacles to reducing the frequency of this collection are contained in the
Food Stamp regulations, referenced under Question #1 of this statement.
7.

Explain any special circumstances that would cause an information collection to be
conducted in a manner inconsistent with the guidelines in 5 CFR 1320.6
There are no special circumstances that cause the information collection for the
FNS-245 and FNS-248 to be conducted in a manner inconsistent with the
guidelines in 5 CFR 1320.6. State agencies are required to select and conduct
quality control reviews on a monthly, ongoing basis. The results of those reviews
are required by regulations at 7 CFR 275.21 to be reported on a monthly, ongoing
basis (See Exhibit 4).

8.

Provide a copy and identify the date and page number of publication in the
Federal Register of the agency's notice required by 5CFR 1320.8(d) soliciting
comments on the information collection prior to submission to OMB.
Summarize public comments received in response to that notice and describe
actions taken by the agency in response to these comments. Specifically
address comments received on cost and hour burden.
Also, describe efforts to consult with persons outside the agency to obtain
their views on the availability of data, frequency of collection, the clarity of
instructions and recordkeeping, disclosure, or reporting format (if any), and
on the data elements to be recorded, disclosed, or reported.
FNS solicited comments on the proposed information collection through a notice
published in the Federal Register (71 FR 10003) on February 28, 2006. No public
comments were received in response to this notice.
Consultations on all aspects of the above forms have been held with State
agencies.

9.

Explain any decision to provide any payment or gift to respondents, other
than remuneration of contractors or grantees.
No payments or gifts are made to respondents.

10.

Describe any assurance of confidentiality provided to respondents and the
basis for the assurance in statute, regulation, or agency policy.
Information gathered from State agency records and information gathered in interviews
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during the negative case reviews (FNS-245) is subject to the same confidentiality as
information obtained from households applying for Food Stamp Program benefits.
Section 11(e)(8) of the Food Stamp Act of 1977 mandates that each State agency shall
provide "safeguards which limit the use or disclosure of information obtained from
applicant households to persons directly connected with the administration or
enforcement of the provisions of this Act, regulations issued pursuant to this Act, Federal
Assistance programs, or federally assisted State programs...". Section 272.1(c) of the
Food Stamp Program regulations implements this legislative mandate. The findings of
negative case reviews, when compiled do not identify the recipient by name.
11.

Provide additional justification for any questions of a sensitive nature, such
as sexual behavior and attitudes, religious beliefs, and other matters that are
commonly considered private.
There are no questions of a sensitive nature.

12.

Provide estimates of the hour burden of the collection of information. This
should include the number of respondents, frequency of response, annual
hour burden, and an explanation of how the burden was estimated.
Also, provide estimates of annualized costs to respondents for the hour
burdens for collection of information, identifying and using appropriate
wage rate categories.
There are 53 State agencies required to conduct QC reviews of the negative cases as part
of the Performance Reporting System. The number of negative cases that must be
selected and reviewed by each State agency during each annual review period is
determined based on the State's size and choice of sampling options. We estimate an
annual negative case sample of 39,803 cases nationwide. We estimate that State agencies
will need an average of 3.03 hours per response for reporting on the FNS-245.
Additionally, each State agency is required to provide monthly information associated
with the Status of Sample Selection and Completion. We estimate that it takes 0.5236
hours to report this information. This reporting burden totals 120,681 hours per year.
In addition, each of the 53 State agencies is required to maintain records of the
Form FNS-245 for the recordkeeping requirement. We estimate 939
recordkeeping hours. We also estimate that the burden is 12 annual hours for
maintaining records associated with the Status of Sample Selection and
Completion. This recordkeeping burden totals 954 hours per year.
We estimate the total burden of the reporting and recordkeeping burden for this
collection to be 121,635 hours. The above burdens were arrived at by adding
together the estimated reporting burden + the estimated recordkeeping burden.
The burdens described above were estimated as follows:

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a.

Estimated Reporting Burden:

Form
Number
FNS-245
Sample
Selection
and
Completion
b.

Number of
Burden Hours Per
Response
3.0236

Estimated
Total
Burden Hours
120,348

Respondents

53

Number of
Responses per
Respondent
751

636

0.5236

333

53

12

Estimated Recordkeeping Burden:

Form
Number
FNS-245
Sample
Selection
and
Completion
c.

Number of
Annual
Responses
39,803

Number of
Annual
Records
39,803

Number of
Burden Hours Per
Recordkeeping
.0236

Estimated
Total
Burden Hours
939

Respondents

53

Number of
Recordkeepings
per Respondent
751

636

.0236

15

53

12

Annualized Reporting Costs – States
39,803
x 3.03
x $16.77
x ½
$1,011,256.90

=
=
=
=

Estimated number of negative sample cases per annum.
Number of hours per response.
Cost per hour.
States’ share of costs.

= Total State Reporting Cost.

The estimated annual cost to respondents resulting from the collection of information is
$1,011,256.90. This cost was estimated as outlined above.
d.

Annualized Recordkeeping Costs – States
39,803
x .0236
x $16.77
x
½

=
=
=
=

Estimated number of recordkeepings annually.
Number of hours per recordkeeping.
Cost per hour.
States’ share of costs.

$7,876.44

= Total State recordkeeping Cost.

The estimated annual cost to respondents resulting from the recordkeepings is $7,876.44.
This cost was estimated as outlined above.

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13.

Provide an estimate of the total annual cost burden to respondents or recordkeepers
resulting from the collection of information.
We estimate the total annualized cost to be $1,019,133.34. This cost was arrived at by
adding together the estimated total Federal reporting costs + the estimated total Federal
recordkeeping costs + the estimated Federal operational costs.

14.

Provide estimates of annualized costs to the Federal government. Also, provide a
description of the method used to estimate cost, which should include quantification
of hours, operational expenses and any other expense that would not have been
incurred without this collection of information.
We estimate the total annualized cost to the Federal government to be $1,020,425.65.
This cost was arrived at by adding together the estimated total Federal reporting costs +
the estimated total Federal recordkeeping costs + the estimated Federal operational costs
as outlined:

a.

Annualized Reporting Costs – Federal
39,803
x 3.03
x $16.77
x ½
$1,011,256.90

=
=
=
=

Estimated number of negative sample cases per annum.
Number of hours per response.
Cost per hour.
Federal share of costs.

= Total Federal reporting cost.

The estimated Federal annual cost resulting from the collection of information is
$1,011,256.90. This cost was estimated as outlined above.
b.

Annualized Recordkeeping Costs - Federal
39,803
x .0236
x $16.77
x ½

=
=
=
=

Estimated number of recordkeepings annually.
Number of hours per recordkeeping.
Cost per hour.
Federal share of costs.

$7,876.44

= Total Federal recordkeeping cost.

The estimated annual Federal cost resulting from the recordkeepings is $7,876.44. This
cost was estimated as outlined above.
c.

Annualized Operational Expenses
The actual printing costs for FY 2004 totaled $1,292.91. No other annualized operating
expenses are directly attributable to the FNS-245 or FNS-248 forms.
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15.

Explain the reasons for any program changes or adjustments reported in Items 13
or 14 of OMB Form 83-1.
The proposed OMB inventory for the reporting and recordkeeping burdens associated
with this collection is 121,635 annual burden hours. The difference between the old
burden of 123,374 hours and the new burden of 121,635 hours is –1,739 hours. This
difference is a result of a decrease of the total case selection from 40,262 to 39,803. The
decrease in the number of cases selected is an adjustment, resulting in a decrease in
burden hours of 1,739.

16.

For collections of information whose results are to be published, outline plans for
tabulation and publication. Address any complex analytical techniques that will be
used. Provide the time schedule for the entire project, including beginning and
ending dates of the collection of information, completion of report, publication
dates, and other actions.
Data tabulation is achieved through established computer programs.
Data included in this collection of information is gathered throughout each annual (fiscal
year) review period. The data is then published in the Food Stamp Program Quality
Control Annual Report. This report presents official quality control error rates, and
related data for the United States, individual States, Guam, the Virgin Islands and the
District of Columbia. Publication of this report occurs approximately within one-year
after the end of each annual review period.

17.

If seeking approval to not display the expiration date for OMB approval of the
information collection, explain the reasons that display would be inappropriate.
Limited funds do not permit us to destroy editions of the FNS-245 each time an
OMB extension is obtained; therefore, FNS does not believe it is economically
feasible to display the OMB expiration date.

18.

Explain each exception to the certification statement identified in Item 19,
"Certification for Paperwork Reduction Act Submissions" of OMB Form 83-1.
No exceptions are noted.

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