Appendix F 86 FR 71418

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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Notices

DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Agency Information Collection
Activities: FNS Information Collection
Needs Due to COVID–19; Comment
Request for Extending Approval for
OMB #0584–0654
Food and Nutrition Service
(FNS), USDA.
ACTION: Notice.
AGENCY:

FNS is seeking public
comment on its intent to ask the Office
of Management and Budget (OMB) to
extend approval of the information
collection under OMB approval #0584–
0654 from January 31, 2022 until August
27, 2023. In accordance with the
Paperwork Reduction Act of 1995, this
notice invites the general public and
other public agencies to comment on the
proposed extension of this currently
approved information collection, which
focuses on FNS’ information collection
needs due to COVID–19 based on
information currently known.
DATES: Written comments must be
received on or before January 18, 2022.
ADDRESSES: Comments may be sent to:
Maureen Lydon and Jamia Franklin of
the Food and Nutrition Service, U.S.
Department of Agriculture, via email to
[email protected] and
[email protected]. Comments
will also be accepted through the
Federal eRulemaking Portal. Go to
http://www.regulations.gov, 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
(OMB) 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 Jamia Franklin at
[email protected] or 703–305–
2403, and Maureen Lydon at
[email protected], or 703–457–
7713.
SUMMARY:

Comments
are invited on: (a) The proposed
extension of OMB approval and 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,

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SUPPLEMENTARY INFORMATION:

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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: FNS Information Collection
Needs due to COVID–19.
Form Number:
OMB Number: 0584–0654.
Expiration Date: January 31, 2022.
Type of Request: Extension of a
currently approved collection.
Abstract: As the Food and Nutrition
Service (FNS) continues responding to
the COVID–19 Coronavirus pandemic, it
is implementing a number of waivers
and program adjustments to ensure
Americans in need can access nutrition
assistance during the crisis while
maintaining recommended practices.
Two pieces of legislation have
detailed many of the program
adjustments available to FNS. The
Families First Coronavirus Response
Act (Pub. L. 116–127) (FFCRA) and the
Coronavirus Aid, Relief and Economic
Security (CARES) Act (Pub. L. 116–136)
provided a number of program
adjustments and additional funding,
respectively. The statutes describing
these waivers and flexibilities also have
reporting requirements. The Department
obtained OMB approval to collect the
information described in this Notice
(OMB 0584–0654; expiration 1/31/
2022). USDA anticipates the need to
collect data beyond the expiration date
and is seeking approval of this
Information Collection Request in order
to meet continuing information
collection and reporting requirements,
as well as program administration needs
to implement the CARES Act.
In addition to program adjustments
and waiver flexibilities authorized
under the FFCRA and CARES Act,
Section 12(l) of the Richard B. Russell
National School Lunch Act (42 U.S.C.
1760(l)) (NSLA) allows FNS to waive
statutory and regulatory requirements
established under the NSLA or Child
Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.) for a State or eligible service
provider administering a Child
Nutrition Program (CNP). FNS issues
statewide waivers under NSLA waiver
authority in response to State agencies’
requests to facilitate the ability for
Program operators to carry out the
purposes of CNPs during COVID–19related operations. FNS has issued
waivers under NSLA authority to enable
program operators to operate CNPs with
appropriate safety measures in place
with respect to the COVID–19

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pandemic. NSLA waiver authority
requires States or eligible service
providers in need of a waiver of
program requirements to submit a
detailed application that identifies the
statutory or regulatory requirements to
be waived. Applications must also
describe any actions undertaken to
remove barriers, describe the goal of the
waiver to improve services, and include
a description of the impediments to the
efficient operation and administration of
the program. States must provide notice
to the public regarding each waiver
request submitted to FNS, and States
that receive a waiver approval of
program requirements under NSLA
waiver authority must submit a report
on waiver implementation, including
whether the waiver resulted in
improved services to children.
Section 2302(a)(2) of the FFCRA
allowed USDA to adjust, at the request
of State agencies or by guidance in
consultation with one or more State
agencies, issuance methods and
application and reporting requirements
for the Supplemental Nutrition
Assistance Program (SNAP) under the
Food and Nutrition Act (FNA) of 2008,
as amended, to be consistent with what
is practicable under actual conditions in
affected areas. Section 2302(c) of FFCRA
required the Secretary of Agriculture to
submit a report to Congress following
the end of the public health emergency,
including a description of the measures
taken to address the food security needs
of affected populations during the
emergency, including any information
or data supporting State agency
requests, among other information not
included in this information collection
(IC).
Section 2203(a)(1) of the FFCRA
allowed State agencies administering
the Special Supplemental Nutrition
Program for Women, Infants and
Children (WIC) to request a waiver of
17(d)(3)(C)(i) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(d)(3)(C)(i)),
which requires applicants be physically
present in the clinic. Local agencies are
required to submit a report detailing the
use and benefits of this waiver within
one year of use of such waiver, and
State agencies are required to submit a
summary report of local agency usage of
waivers under this Section within 18
months. Section 2204(a)(1) gave State
agencies administering WIC and the
WIC Farmers Market Nutrition Program
(FMNP) the opportunity to request a
waiver or modification of qualified
regulatory requirements from USDA if
such requirements cannot be met due to
COVID–19, and such waivers are
necessary to provide assistance to WIC
and WIC FMNP participants. State

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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Notices
agencies are also required under this
Section to provide a report to USDA no
later than one year after such waivers
were granted, detailing their use of the
waiver and how it improved services to
women, infants and children.
In the instances described above, the
information collection addressed and/or
will address burden associated with
requirements under provisions of the
NSLA, FFCRA, and CARES Act, as well
as Nationwide waivers under some of
the aforementioned authorities. State
agencies have been required to develop
and submit waiver requests in response
to COVID–19, provide public
notification regarding waiver requests,
and report to FNS evaluation data on
how waivers impacted Federal benefit
programs.
Additionally, FNS is asking State
agencies to report the USDA
commodities used during a disaster on
a more frequent basis. This information
is currently collected in an OMBapproved form, the FNS–292A, Report
of Commodity Distribution for Disaster
Relief (OMB Control Number 0584–0594
Food Programs Reporting System,
expiration July 31, 2023). State
distributing agencies may release
commodity or donated foods procured
by the USDA to disaster organizations to
provide nutritional assistance to disaster
victims. Under the Code of Federal
Regulations (CFR) at 7 CFR 250.69(f),
State distributing agencies shall provide
a summary report to FNS within 45 days
following termination of the disaster
assistance, and maintain records of
these reports and other information
relating to disasters. OMB approved
FNS to change the frequency of the
collection of the commodity reports
from 45 days after the completion of the
disaster, to a weekly basis. This change
was requested due to the number of
requests and the burden of the FNS
regional offices. This request allowed
FNS Food Distribution (FD) staff to
monitor levels of USDA commodities
more frequently to ensure States had
access to USDA commodities.
Affected Public: State, Local and
Tribal Government: Respondent groups
identified include: (1) State agencies
and Indian Tribal Organizations that
operate USDA Nutrition Assistance
Programs; and (2) Local WIC Agencies.
Estimated Number of Respondents:
The total estimated number of
respondents is 1,349. This includes: 53
SNAP State agencies who will submit
waiver information, evaluation
information, and weekly operational
updates; 20 WIC State program staff
who will submit evaluation information
and a data pull from their MIS system;
22 Farmers Market Nutrition Program

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staff who will submit evaluation
information; 67 CNP State agencies who
will develop and submit waiver
requests, provide public notification,
and report to FNS on waiver
implementation; Food Distribution
Program Staff in 60 State Agencies who
will submit required forms; and 800
WIC Local Agency Program staff who
will submit information on an
evaluation survey. Table 1, the
estimated burden table below,
delineates the number of respondents
carrying out each of the aforementioned
activities.
As shown in Table 1, FNS anticipates
two types of respondents: State
Government workers and Local
Government workers. Together, their
reporting burden is approximately
11,549 burden hours, assuming data
collection over 12 months.
SNAP State Program Staff will have
two types of burden:
• Waivers: FNS anticipates
approximately 3 waiver requests per
every 3 months per State agency. SNAP
Program Staff in 53 State Agencies will
submit approximately 3 waiver requests
per every 3 months. Each waiver will
take about 10 hours to complete for a
total of 6,360 burden hours. [53 State
Agency staff × 3 waivers per every 3
months on an annual basis (12 waiver
requests) = 636 responses × 10 hours =
6,360 burden hours].
• Data Reports: SNAP Program Staff
in 53 State Agencies will submit
approximately 3 data reports, reporting
on the evaluation data required by
FFRCA. It will require about 3 hours to
report the data in the data reports for a
total of 159 burden hours. (53 State
Agency Staff × 3 data reports = 159
responses × 3 hours = 477 burden
hours).
• Weekly operational update: SNAP
program staff in 53 State Agencies will
submit 1 weekly update to their FNS
Regional Offices. Each update will take
approximately 1 hour to complete. (53
State agencies × 52 weekly reports =
2,756 annual responses × 1 hour per
response = 2,756 burden hours).
WIC State Program Staff will have one
type of burden:
• Evaluation Information: WIC
Program Staff in 20 State Agencies will
submit 1 survey, reporting on the
evaluation data required by the FFRCA.
It will take them about 2 hours to
complete the survey, for a total of 40
burden hours. (20 State Agency Staff ×
1 survey = 20 responses × 2 hours = 40
burden hours).
• MIS Data Pull: FNS will request
states submit a data pull from their MIS
systems to help facilitate the evaluation
data reporting on the number of WIC

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71419

participants affected by different
waivers. (20 WIC State Agencies × 1
data pull = 20 Responses × 1.5 hours per
response = 30 burden hours).
FMNP State Program Staff will have
one type of burden:
• Evaluation Information: FMNP
Program Staff in 22 State Agencies will
submit 1 State Plan, reporting on the
evaluation data required by the FFRCA.
It will take them about 2 hours to
complete the report, for a total of 44
burden hours. (22 State Agency Staff ×
1 State Plan = 22 Responses × 2 hours
= 44 burden hours).
CN Program Staff will have one type
of burden:
• Statewide, COVID-related waivers
authorized under Section 12(l) of the
NSLA: It is estimated 67 State agencies
review statewide waiver protocol and
guidance pertaining to the waiver
authority established at Section 12(l) of
the NSLA, such as Child Nutrition
Program Waiver Request Guidance and
Protocol—Revised (Memo code: SP15
CACFP 12 SFSP 05–2018). FNS
estimates State agencies revisit NSLA
waiver guidance one time each year,
and that it takes approximately 15
minutes (.25 hours) to review guidance
(67 responses × .25 hours = 16.75
hours).
Furthermore, FNS estimates 67 CN
State agencies will request statewide
waivers that follow guidance outlined in
Child Nutrition Program Waiver Request
Guidance and Protocol—Revised (Memo
code: SP15 CACFP 12 SFSP 05–2018)
and submit waiver requests to FNS. It is
estimated, together, 67 State agencies
will develop and request a total of 130
statewide waivers of CN Program
requirements and that each request will
take approximately 1 hour to develop
and submit to FNS (130 responses × 1
hour = 130 hours). Each State agency
that submits a request is required to
provide public notice regarding the
request. FNS estimates 67 State agencies
will provide 130 public notices
associated with statewide waiver
requests submitted under Section 12(l)
waiver authority, and that it takes 30
minutes (.5 hours) to provide each
public notice (130 responses × .5 hours
= 65 hours).
Of the total 130 estimated statewide
waiver requests, FNS estimates 100 will
be approved, and will require State
agencies to report on waiver
implementation within 1 year of the
approval date. It takes approximately 30
minutes (.5 hours) for State agencies to
develop and submit evaluation data on
statewide waiver implementation (100
responses × .5 hours = 50 hours).
Food Distribution State program staff
will have one type of burden:

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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Notices

• FNS292A: Food Distribution
Program Staff in 60 State Agencies will
submit form FNS 292A 52 times (weekly
over twelve months). It will take them
approximately 15 minutes to complete
the form each time for a total of 780

burden hours (60 State Agency Staff ×
52 submissions = 3,120 responses × .25
hours = 780 burden hours).
WIC Local Government Agency Staff:
Local Agency staff in about 800 Local
WIC agencies will submit 1 survey to

FNS. It will take 1 hour to complete and
submit the report for a total of 800
burden hours (800 Local Agency Staff ×
1 submission = 800 responses × 1 hour
= 800 burden hours).

TABLE 1—RESPONDENT ESTIMATED BURDEN TABLE
Respondent category and type of respondent

Annual
estimated
burden
(hours)

Estimated
frequency of
response

Total annual
estimated
responses

53
53
53
20
20
22
67
67
67
67

12
3
52
1
1
1
1
1.94
1.94
1.5

636
159
2,756
20
20
22
67
130
130
100

10
3
1
2
1.5
2
.25
1
.5
.5

6,360
477
2,756
40
30
44
16.75
130
65
50

Number of
respondents

Instruments

Hours per
response

State Government Estimates
SNAP State Program .....................................
SNAP State Program .....................................
SNAP State Agency ......................................
WIC State Program Staff ...............................
WIC State Program Staff ...............................
FMNP State Program Staff ............................
CN State Agency ...........................................
CN State Agency ...........................................
CN State Agency ...........................................
CN State Agency ...........................................

Waiver ...........................................................
Data Reports .................................................
Weekly Operational Update ..........................
Evaluation Survey .........................................
MIS Data Pull ................................................
Evaluation Info ..............................................
Review 12(l) waiver guidance ......................
12(l) Waiver Development and Submission
12(l) Waiver Public Notice ............................
12(l) Reporting ..............................................
Local Government Estimates

Food Distribution State Program ...................
WIC Local Agency Program Staff .................

Form FNS292A .............................................
Report to State .............................................

60
800

52
1

3,120
800

.25
1

780
800

Respondent Estimated Total ..................

.......................................................................

1,349

129.38

7,960

23

11,548.75

Cynthia Long,
Administrator, Food and Nutrition Service.
[FR Doc. 2021–27223 Filed 12–15–21; 8:45 am]
BILLING CODE 3410–30–P

DEPARTMENT OF COMMERCE
International Trade Administration
Advisory Committee on Supply Chain
Competitiveness Solicitation of
Nominations for Membership
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an opportunity to
apply for membership on the Advisory
Committee on Supply Chain
Competitiveness.
AGENCY:

The Department of
Commerce, International Trade
Administration (ITA), seeks
nominations for immediate
consideration to fill positions on the
Advisory Committee on Supply Chain
Competitiveness (‘‘the Committee’’).
The Committee advises the Secretary on
the necessary elements of a
comprehensive policy approach to
supply chain competitiveness. The
Department intends for the Committee
to play a key role in formulating
recommendations to address current
global supply chain challenges,
including identifying key bottlenecks in
supply chains and actionable solutions

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SUMMARY:

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to address them, advising on the latest
advances in supply chain management
technology and how to apply them to
the current challenges in the economy,
and developing long term
recommendations to make supply
chains more resilient. The Department
seeks members who, by virtue of their
current roles and past experience, bring
a track record of effective senior
executive leadership on issues
impacting the U.S. and global supply
chains.
DATES: ITA will accept nominations on
a rolling basis for membership on the
Committee for the two-year charter term
that began on November 10, 2021, and
will expire on November 9, 2023.
Immediate consideration will be given
to applications received by December
29, 2021. ITA will accept nominations
under this notice on an on-going basis
during the charter term to fill vacancies
as they arise.
ADDRESSES: Richard Boll, Office of
Supply Chain, Professional & Business
Services, Room 11004, U.S. Department
of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; phone
202–482–1135; email: richard.boll@
trade.gov.
FOR FURTHER INFORMATION CONTACT:
Richard Boll, Office of Supply Chain,
Professional & Business Services, Room
11004, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230; phone 202–482–
1135; email: [email protected].

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Please visit the Advisory Committee on
Supply Chain Competitiveness website
at: https://www.trade.gov/acscc.
SUPPLEMENTARY INFORMATION:
I. Background
The Committee advises the Secretary
on the necessary elements of a
comprehensive policy approach to
supply chain competitiveness designed
to support national economic
competitiveness and U.S. export growth,
encourage innovation, facilitate the
movement of goods, and improve the
competitiveness of U.S. supply chains
for goods and services in the domestic
and global economy; and on regulatory
policies and programs and investment
priorities that affect the competitiveness
of U.S. supply chains. The Committee
provides detailed policy and technical
advice, information, and
recommendations to the Secretary
regarding:
(1) National, state, or local factors in
trade programs and policies that affect
the efficient domestic and international
operation and competitiveness of U.S.
global supply chains from point of
origin to destination;
(2) elements of national policies
affecting the movement of goods,
infrastructure, investment, and
regulatory factors that affect supply
chain competitiveness and
sustainability; and
(3) information and data systems to
generate metrics that can be used to

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