Attachment B. Estimate of the Information Collection Burden for OMB# 0584-NEW Meal Service and Monitoring in the National School Lunch and School Breakfast Programs

Attachment B. Estimate of the Information Collection Burden for OMB #0584-NEW Meal Service and Monitoring in the National School Lunch and School Breakfast Program

Estimate of the Information Collection Burden for

OMB #0584-NEW associated with Proposed Rule Simplifying Meal Service and Monitoring Requirements in the National School Lunch and School Breakfast Programs RIN 0584-AE67

This document explains the calculation of the information collection burden for the OMB control #0584-NEW Meal Service and Monitoring Requirements in the National School Lunch and School Breakfast Programs, which is associated with the Proposed Rule titled, “Simplifying Meal Service and Monitoring Requirements in the National School Lunch and School Breakfast Programs” (RIN 0584-AE67). A 60-Day notice was embedded into this proposed rule, which was published in the Federal Register on January 23, 2020 (Volume 85, Number 15, pages 4094-4134). Once FNS publishes the final rule and OMB approves the final rule ICR, the burden estimates (including the adjustments made to account for reductions in the number of SFAs participating in the School Lunch Programs) associated with the rule will be merged into the primary data collection 0584-0006, Expiration Date 4/30/2020 (this collection is currently under review at OMB and the expiration date is being updated on a monthly basis).

REPORTING REQUIREMENTS

AFFECTED PUBLIC: STATE AGENCIES (SAs)

1. Section 210.18(i)(3) requires SAs to provide written notification to SFAs of review findings, corrective actions, deadlines for completion, and potential fiscal action with right to appeal. FNS estimates there are 56 SAs that will each file 68 reports annually for a total of 3,808 responses (56 x 68 = 3,808). The estimated average number of burden hours per response is 8 hours resulting in an estimated total annual burden hours of 30,464 (3,808 x 8 = 30,464). This adds 30,464 hours to OMB’s inventory due to a program change for the new collection. Once FNS publishes the final rule, OMB approves the final rule ICR, and the rule-related changes are merged into OMB #0584-0006, FNS estimates that 20,160 hours will be reduced from the currently approved burden due to the change in frequency of the administrative review cycle and that 2,240 hours will be removed due to reduction in the number of participating SFAs, resulting in a total estimated reduction of 22,400 hours.

2. The proposed rule amends the requirements found at Section 210.5(d)(2)(ii) that SAs submit a quarterly report to FNS detailing the disbursement of performance based reimbursement to SFAs by changing the frequency of the report to annually . FNS estimates that there are 56 SAs that will each file 1 report annually for a total of 56 responses (56x1=56). The estimated average number of burden hours per response is 15 minutes (0.25 hours) resulting in an estimated total annual burden hours of 14 (56x0.25=14). This adds 14 hours to OMB’s inventory due to a program change for the new collection.

AFFECTED PUBLIC: SCHOOL FOOD AUTHORITIES (SFAs)

1. Sections 210.15(a)(3) and 210.18(j)(2) require SFAs to submit to the SA a written response to reviews documenting corrective action taken for Program deficiencies. FNS estimates 3,808 SFAs will each file 1 report annually for a total of 3,808 responses (3,808 X 1 = 3,808). The estimated average number of burden hours per response is 8 hours resulting in an estimated total annual burden hours of 30,464 (3,808 x 8 = 30,464). This adds 30,464 hours to OMB’s inventory due to a program change for the new collection. Once FNS publishes the final rule, OMB approves the final rule ICR, and the rule-related changes are merged into OMB #0584-0006, FNS estimates that 20,256 hours will be reduced from the currently approved burden due to the change in frequency of the administrative review cycle and that 2,136 hours will be removed due to reduction in the number of participating SFAs, resulting in a total estimated reduction of 22,392 hours.

RECORDKEEPING REQUIREMENTS

AFFECTED PUBLIC: STATE AGENCIES (SA)

1. Section 210.18(h)(2)(iv) requires each SA to ensure that the LEA and SFA comply with the nutrition standards for all competitive food and maintain records documenting compliance. FNS estimates that 56 SAs will each maintain 68 records annually for a total estimated number of records of 3,808 (56 x 68 = 3,808). The estimated average number of burden hours per record is 15 minutes (0.25 hours) resulting in an estimated total annual burden hours of 952 (3,808 x 0.25 = 952). This adds 952 hours to OMB’s inventory due to a program change for the new collection. Once FNS publishes the final rule, OMB approves the final rule ICR, and the rule-related changes are merged into OMB #0584-0006, FNS estimates that 630 hours will be reduced from the currently approved burden due to the change in frequency of the administrative review cycle and that 70 hours will be removed due to reduction in the number of participating SFAs, resulting in an estimated total reduction of 700 hours.

2. Sections 210.20(b)(6); 210.18(o)(f)(k)(l)(m); and 210.23(c) require the SA to maintain records of all reviews and audits (including Program violations, corrective action, fiscal action, and withholding of payments). FNS estimates that there are 56 SAs that will each file 68 records annually for a total of 3,808 records (56 X 68 = 3,808). The estimated average number of burden hours per record is 8.0021 hours resulting in a revised estimated total annual burden hours of 30,472 hours. (3,808 x 8.00214 = 30,472). This adds 30,472 hours to OMB’s inventory due to a program change for the new collection. Once FNS publishes the final rule, OMB approves the final rule ICR, and the rule-related changes are merged into OMB #0584-0006, FNS estimates that 20,166 hours will be reduced from the currently approved burden due to the change in frequency of the administrative review cycle and 2,240 hours will be removed due to a reduction in the number of participating SFAs, resulting in an estimated total reduction of 22,406 hours.

3. Sections 210.20(b)(7); 210.19(c); and 210.18(o) require the SA document fiscal action taken to disallow improper claims submitted by SFAs, as determined through claims processing, reviews and audits. FNS estimates that there are 56 SAs that will each file 68 records annually for a total of 3,808 records (56 x 68 = 3,808). The estimated average number of burden hours per record is 30 minutes (0.50 hours) resulting in an estimated total annual burden hours of 1,904 hours (3,808 x 0.5 = 1,904). This adds 1,904 hours to OMB’s inventory due to a program change for the new collection. Once FNS publishes the final rule, OMB approves the final rule ICR, and the rule-related changes are merged into OMB #0584-0006, FNS estimates that 1,260 hours will be reduced from the currently approved burden due to the change in frequency of the administrative review cycle and that 140 hours will be removed due to reduction in the number of participating SFAs, resulting in an estimated total reduction of 1,400 hours.

4. Sections 210.18 (c-h) require the SA to complete and maintain documentation used to conduct Administrative Review. FNS estimates there are 56 SAs that will each file 68 reports annually for a total of 3,808 responses (56 x 68 = 3,808). The estimated average number of burden hours per response is 48 hours resulting in an estimated total annual burden hours of 182,784. (3,808 x 48 = 182,784). This adds 182,784 hours to OMB’s inventory due to a program change for the new collection.

5. Section 210.18 (c) as amended in the proposed rule requires the SA to complete and maintain documentation used to conduct targeted Follow Up Administrative Review. FNS estimates there are 56 SAs that will each file 23 reports annually for a total of 1,288 responses (56 x 23 = 1,288). The estimated average number of burden hours per response is 16 hours resulting in an estimated total annual burden hours of 20,608 (1,288 x 16 = 20,608). This adds 20,608 hours to OMB’s inventory due to a program change.

PUBLIC NOTIFICATION REQUIREMENTS

AFFECTED PUBLIC: STATE AGENCIES (SAs)

1. Section 210.18(m)(1) requires SAs to make the most recent final administrative review results available to the public in an easily accessible manner (by posting a summary to the SA website and making a copy available upon request). FNS estimates there are 56 SAs that will each file 68 reports annually for a total of 3,808 responses (56 x 68 = 3,808). The estimated average number of burden hours per response is 15 minutes (0.25 hours) resulting in an estimated total annual burden hours of 952 (3,808x 0.25 = 952). This adds 952 hours to OMB’s inventory due to a program change for the new collection. Once FNS publishes the final rule, OMB approves the final rule ICR, and the rule-related changes are merged into OMB #0584-0006, FNS estimates that 630 hours will be reduced from the currently approved burden due to the change in frequency of the administrative review cycle and that 154 hours will be removed due to a reduction in the number of participating SFAs, resulting in an estimated total reduction of 784 hours.