Updated Supporting Statement for 0584-0654 1 27 22

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.

This submission seeks OMB’s revision of an existing data collection (OMB 0584-0654, expiration 1/31/22) and extension of the approval date. In summary, FNS is seeking three categories of information collection through this approval and the requirements and/or authorizations are discussed below:

Waiver Requests and Notification Requirements. As described below, States have flexibilities through the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief and Economic Security (CARES) Act (PL 116-136). Depending on the flexibility, they either make a request to FNS or notify FNS that they will use the flexibility. 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-19-related operations. States must provide notice to the public regarding each waiver request submitted. 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. This submission seeks burden associated with those requests and notices.
Data Reporting required by FFCRA and Section 12 of the NSLA. The FFCRA requires anyone using FFCRA-related flexibilities to report on their use, depending on the flexibility. NSLA waiver authority requires States that receive a waiver approval of program requirements to submit a report on waiver implementation, describing whether the waiver resulted in improved services to children. This submission seeks burden associated with reporting data to FNS.
Data Reporting needed to monitor levels of commodity use and availability. FNS is asking state agencies to report the USDA commodities used during a disaster more frequently using OMB-approved form, the FNS-292. Local agency staff in about 800 Local WIC agencies will submit 1 survey to FNS. This submission seeks burden associated with reporting the data to FNS.

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 (PL 116-127) (FFCRA) and the Coronavirus Aid, Relief and Economic Security (CARES) Act (PL 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-19-related 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 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 and impact, including whether the waiver resulted in improved services to children. Data reports submitted to FNS assist in meeting the NLSA’s requirement for the Secretary of Agriculture to submit a report to Congress summarizing the use of statewide waivers and how waivers impacted 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 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 OMB-approved 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.

Table 1 summarizes the instruments which will be utilized to facilitate the collection and reporting of information under the proposed revision of 0584-0654.

Table 1

Respondent Category and Type of Respondent	Instruments	OMB #	Explanation (Including how info is submitted)	Appendix
State Government
SNAP State Program	Waiver	0584-0083 Exp. 8/31/23	Information is approved under referenced Information Collection (IC). Waiver requests are submitted via the Waiver Information Management System (WIMS) as needed. Reporting is covered under OMB approval 0584-0083 which covers the SNAP WIMS system.	Appendix I: SNAP Waiver Request & Reporting Data Instructions.
SNAP State Program	Data Reports FFCRA	0584-0083	This addresses required reporting under FFCRA. Information submitted via Microsoft Form or email as needed, per use of waivers. Reporting is covered under OMB approval 0584-0083 which covers the SNAP WIMS system. SNAP program staff in 53 state agencies will submit approx. 3 data reports, reporting on evaluation data required by FFCRA. The number of reports to be submitted will depend on the state.	Appendix I: SNAP Waiver Request & Reporting Data Instructions.
SNAP State Agency	Weekly Operational Update	0584-0083 Exp. 8/31/23	States required to submit this info in their State Plans of operations (approved under the referenced ICR) and required to update FNS of any changes. The current estimate is weekly emails but the frequency could be less. SNAP program staff in 53 state agencies will submit 1 weekly update to their FNS Regional Offices.	Appendix J: SNAP Weekly Operational Update
WIC State Program Staff	Evaluation Survey	0584-0654	WIC program staff in 20 state agencies will submit 1 survey reporting on the evaluation data required by FFCRA. Will take about 2 hours per survey.	Appendix K: WIC State Agency Waiver FFCRA Reporting Data Online Form
WIC State Program Staff	MIS Data Pull	0584-0654	FNS will request states submit a data pull from their MIS systems to help facilitate the evaluation data reporting on the number of WIC participants affected by different waivers. 20 WIC State Agencies impacted. Approximately 1.5 hours required per response.	Appendix L: WIC MIS Data Pull InstructionsAppendix M: WIC MIS Data Pull Form
FMNP State Program Staff	Evaluation Info-	0584-0654	FMNP Program Staff in each of 22 State Agencies will submit 1 State Plan, reporting on the evaluation data required by the FFRCA. It will take each about 2 hours to complete each report.	Appendix N: FMNP State Agency Waiver FFCRA Reporting Data Online form
CN State Agency	Review 12(l) waiver guidance	0584-0654	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 for each review of guidance.	Appendix O: Child Nutrition Program (CNP) Waiver Request Guidance and Protocol- Revised (Memo code: SP15 CACFP 12 SFSP 05-2018)
CN State Agency	12(l) Waiver Development and Submission	0584-0654	FNS estimates 67 CN State agencies will request statewide waivers per guidance outlined in Child Nutrition Program Waiver Request Guidance and Protocol- Revised (Memo code: SP15 CACFP 12 SFSP 05-2018) and submit waiver requests. It’s estimated, together, 67 State agencies will develop and request total of 130 statewide waivers of CN Program requirements. Each request will take approximately 1 hour to develop and submit to FNS.	Appendix O
CN State Agency	12(l) Waiver Public Notice	0584-0654	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.	Appendix O
CN State Agency	12(l) Reporting	0584-0654	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.	Appendix O
Local Government
Food Distribution State Program	Form FNS292A	0584-0594 Exp. 7/31/23	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.	Appendix P: USDA commodities reporting data
WIC Local Agency Program Staff	Report to State	0584-0654	Local Agency staff in about 800 Local WIC agencies will submit 1 survey per agency. It will take 1 hour to complete and submit each report.	Appendix Q: WIC Local Agency Waiver FFCRA Reporting Data Online form

A2. Purpose and Use of the Information.

Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate how the agency has actually used the information received from the current collection.

As the Food and Nutrition Service (FNS) responds to the COVID-19 Coronavirus pandemic, it continues to implement a number of waivers and program adjustments to ensure that Americans in need can access nutrition assistance during the pandemic while maintaining recommended practices. The information collection described here is necessary to ensure that State agencies are able to continue operations under the unique circumstances resulting from COVID-19. As a result, households impacted by COVID-19 will be able to continue to apply for and receive nutrition assistance.

FNS used the information in the current collection in three ways: (1) The waiver and state notification of use of waivers enabled FNS to quickly and efficiently determine if they could approve waivers requested by States to operate the nutrition programs during the Public Health Crisis. States had the option of electing to use waivers; (2) Data Reporting required by FFCRA was used to report to Congress in required reports on how the waivers were used, how many people they reached, and whether or not they improved program efficiency during the Public Health Crisis. This was mandatory reporting. FNS staff compiled the data and considered lessons learned. The information also helped FNS to consider how best to respond in the future should the need arise; and (3) Finally, data reporting helped to monitor levels of commodity use and availability. The Food Distribution data collected provided the ability to FNS to monitor distribution of USDA commodities by State education and welfare agencies following disasters. The information received also allowed FNS Food Distribution (FD) staff to monitor levels of USDA commodities more frequently to ensure States had access to USDA commodities over time. Form FNS-292A was used by State distributing agencies to provide a mandatory summary report to FNS of disaster commodity food assistance and would have been used to request replacement of commodity foods distributed during any disaster or situation of distress. Information collected on FNS- 292A was used by the FNS Administrator and the Food Distribution Division to monitor program activity, assess coverage provided to needy recipients, ensure the validity of requested commodity reimbursements and to prepare budget requests. Data from Form 292A has been used in the past to report to the Secretary of Agriculture, the Federal Emergency Management Agency, the White House and Congress on FNS disaster relief efforts.

A3. Use of information technology and burden reduction.

Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection 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.

In compliance with E-Government Act of 2002 (E-Gov), State agencies have the authority to use the technology that best suits the needs of their individual or unique systems of operation to comply with the reporting and recordkeeping requirements contained in this submission. FNS has made every effort to provide for electronic submission as an alternative to paper submission in compliance with the E-Gov. FNS provides funding to support the development of electronic systems through Federal matching of States’ administrative costs. Electronic submission of responses is permitted.

A4. Efforts to identify duplication.

Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Question 2.

All of the information being collected for this effort are specific to COVID and are not being collected elsewhere.

A5. Impacts on small businesses or other small entities.

If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden.

This collection does not have a direct impact on small businesses or other small entities. State agencies, administer the FNS programs at the State level and collect the necessary data to ensure correct eligibility determinations and delivery of benefit. The State agencies are not considered small entities. Similarly, Local WIC Agencies are government agencies at the local level and are not considered small businesses or entities.

A6. Consequences of collecting the information less frequently.

Describe the consequence 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.

FNS is not interested in collecting any information more frequently than necessary. This data collection is required under statutes arising from the COVID-19 pandemic and Section 12(l) of the NSLA. States can elect whether or not to utilize a waiver or flexibility approved under FFCRA, as applicable. If they do so, they will be required to submit FFCRA Reporting Data information required by FFCRA. States that request and receive a statewide waiver approval under the NSLA’s waiver authority, must meet the public notification and reporting requirements set forth under Section 12(l) of the NSLA. Lastly, if States use commodities during this time, they will be required to report on FNS292A. Were FNS not to collect the data associated with FFCRA requirements and other pandemic response, FNS would not be following statutory requirements and would not be able to collect information for pandemic response-related funding, report on the flexibilities’ use and efficacy, or provide monitoring and tracking of the pandemic response.

A7. Special circumstances relating to the Guidelines of 5 CFR 1320.5.

Explain any special circumstances that would cause an information collection to be conducted in a manner:

Requiring respondents to report information to the agency more often than quarterly;

As shown in Table 1 FNS is requesting that State agencies report the SNAP weekly operational update up to weekly, though this will change based on the level of COVID need in a given state, and the USDA commodities used during a disaster on a weekly basis. The burden estimate is the maximum amount (52 weekly reports in a year) but in practice has been less as states’ needs increase and decrease over the course of the pandemic. The other information collections referenced in 0584-0654 are one-time only.

Requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
Requiring respondents to submit more than an original and two copies of any document;
Requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;
In connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;
Requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
That includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
Requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

There are no other special circumstances. The collection of information is conducted in a manner consistent with the guidelines in 5 CFR 1320.5.

A8. Comments to the Federal Register Notice and efforts for consultation.

If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 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.

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.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years even if the collection of information activity is the same as in prior years. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

FNS published an FR Notice on December 16, 2021, 86 FR 71418 (in Appendix F) and the comment period closed on January 18, 2022. The Agency received three public comments (identified in appendices G1-G3). One was received via email on December 18, 2021, and two were received via the Federal Docket Management System (FDMS) on January 18, 2022.

One comment, received via FDMS, is from the School Nutrition Association (SNA) and included in Appendix G1. The SNA noted that there has been considerable data collection and documentation for waivers requested of State agencies and Local Educational Agencies. The SNA emphasized that, with an extended period for data collection, these submitted reports and documentation should be utilized in order to reduce burden and disruption to schools and State agencies. This is important because, as stated, “school districts as well as State agencies, are continuing to address issues to provide meal service and food inventory during this on-going public health emergency.” FNS agrees with the message in the SNA letter and responded as such. FNS agrees that it’s important to utilize reports and documentation to reduce burden and disruption to schools and State agencies. The intent of the review and approval of statewide waivers, where appropriate, is to reduce burden and disruption. FNS remains fully committed to requesting only necessary information, utilizing any pertinent information already in hand, and reducing burden wherever possible.

The second comment, received via FDMS, is from the National Family Farm Coalition (NFFC). The NFFC letter (Appendix G2) notes that, “While the proposed extension of waivers and reporting requirements do not directly affect our members, we are compelled to highlight our primary concerns about them based on the fact that the COVID-19 pandemic and related emergencies persist, providing merit to the extension.” The NFFC highlights that many school districts, particularly in rural areas, receive fresh produce from local family farms, as a result of the waivers. They note that, “Finding the right balance between safety norms, local market supports, and healthy food access, while addressing the social inequalities of our food system, will require more than temporary waivers and increased reporting.” NFFC summarizes, “In short, we ask for: a) equal opportunities for family local farmers, food procurement agencies, and beneficiaries; and b) transparency about the data collected, particularly regarding the option to analyze the data in way can help to redefine and improve our unsustainable food system.” FNS thanked NFFC for its comment and noted that the issues raised are much broader than the specific information collection in question (#0584-0654) which is the subject of the proposed extension. FNS offered to share follow-up information with NFFC explaining how to access publicly-available FNS analyses, if NFFC was interested.

The third comment (Appendix G3), received via email, was not relevant to this data collection as it did not relate to the necessity of the information collection, the practical utility to achieve the stated objectives, or elements impacting burden. As such, the comment was deemed not germane to this collection.

Consultation with External Subject Matter Experts

The last consultation with external subject matter experts was less than three years ago because OMB previously approved the collection for one year from its last approval of 1/31/21. Although FNS was not required to do so because consultation was less than three years ago, FNS sought out consultation with three subject matter experts and received responses from two, listed below, regarding the forms to be completed and information to be submitted for their respective areas.

The following is a summary of feedback received:

The instructions for state agencies which are the focus of this information collection are clear. The burden estimates for review of waiver guidance, waiver public notice, and reporting for each individual statewide waiver request, as described in the information collection, are correct.

The burden estimates for waiver development and submission were described as being correct in one comment, and on the “upper end of the amount of time it could take” depending on the type of waiver, in a second comment.

The burden estimates on data reporting are on target. However, the number of reports to be submitted will depend on the state. (This latter comment was added to Table 1 included in the response to question A1.)

The burden estimates for submission of weekly operational updates are on target, but the suggested burden of one hour per update may be the maximum amount of time required, especially for states where there is little change from week to week.

A comment on Appendix I focused on the following language in the Appendix: “Also, for administrative consistency and ease, approval for FFCRA adjustments will generally last for 3 months. FNS will now approve requests for flexibilities for up to 3-calendar-month intervals beyond the month in which the State submits a request and attests to the presence of a State emergency or disaster declaration at the time of the request. In addition, no FFCRA adjustments may continue beyond the end of the month subsequent to the month in which the public health emergency declaration related to COVID-19 is lifted by the Secretary of Health and Human Services.” It was suggested that the guidance clarify which emergency declaration trumps the other (e.g., if the Federal public health emergency (PHE) ends but the State’s emergency declaration continues, the adjustments will expire in the month subsequent to the month the Federal PHE ends).” In response, FNS thanked the commenter, clarified that this information is already included in the guidance and identified where it’s located. In response to the comment, FNS’ SNAP program plans to continue to highlight that these adjustments are tied to the Federal public health emergency as FNS provides technical assistance to States.

Name of Expert who Responded to Inquiry

Affiliation

Contact

Vonda Ramp M.S., R.D.

State Director, Child Nutrition Programs

Division of Food and Nutrition

Bureau of Budget and Fiscal Management

[email protected]

717-783-6556

Bethany Caputo

SNAP Administrator

RI Department of Human Services

[email protected]

401-559-7077

A9. Explain any decisions to provide any payment or gift to respondents.

Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

No payments or gifts are provided to respondents under this collection.

A10. Assurances of confidentiality provided to respondents.

Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

The Department complies with the Privacy Act of 1974. No confidential information is associated with this collection of information and no such assurances of confidentiality are provided. This ICR does not request any personally identifiable information nor does it contain any forms that require a Privacy Act Statement.

A11. Justification for any questions of a sensitive nature.

Provide additional justification for any questions of a sensitive nature, such as sexual behavior or attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

No private or sensitive questions will be asked.

A12. Estimates of the hour burden of the collection of information.

Provide estimates of the hour burden of the collection of information. Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated.

A. Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

As shown in Appendix A: Burden Table, FNS anticipates two types of respondents: State Government workers and Local Government workers at WIC agencies. The total number of respondents is 1,349. Together, their reporting burden is 11,548.97 burden hours. The estimates assume data collection over one year.

In all cases, the estimates were calculated based on the number of submissions and the length of time each submission would take to submit. The amount of time it takes to submit varies by the type of information. The calculations and details are shown in Appendix A: Burden Table and Appendix B. Burden Narrative.

B. Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories.

The information collection burden falls on two categories of government employees: State program staff and, for the WIC waivers, program staff who work for Local WIC Agencies. Standard wage rate categories used in determining annualized burden costs were based on the most recent Bureau of Labor Statistics (BLS) Occupational Employment and Wages Statistics data, using the corresponding occupation code 11-9151, Social and Community Services Managers (available at www.bls.gov/oes/current/oes119151.htm). (The most recent May 2020 statistics were released on 3/31/21. The 2021 statistics will not be available until sometime in January 2021.) According to the BLS data, workers in this occupation earn a median wage rate of $35.05 per hour. States would incur an annualized administrative cost of $35.05 per hour burden in the information collection.

For SNAP, fifty percent of administrative costs incurred by State agencies are reimbursed by FNS. Half of the $35.05 per hour wage rate is $17.53 per burden hour.

As shown in Appendix A: Burden Table, the initial State and Local costs are $236,722.04.

In order to account for fringe benefits (fully-loaded wage rates), an additional 33% of the initial cost has been added. With the fully-loaded rate, the total annual respondent cost is $314,840.31.

A13. Estimates of other total annual cost burden.

Provide estimates of the total annual cost burden to respondents or record keepers resulting from the collection of information, (do not include the cost of any hour burden shown in questions 12 and 14). The cost estimates should be split into two components: (a) a total capital and start-up cost component annualized over its expected useful life; and (b) a total operation and maintenance and purchase of services component.

FNS does not expect any additional annual cost burden to respondents or record keepers.

A14. Provide estimates of annualized cost to the Federal government.

Provide estimates of annualized cost to the Federal government. Provide a description of the method used to estimate cost and any other expense that would not have been incurred without this collection of information.

As shown in the Federal Cost section at the bottom of the Appendix A: Burden Table the total federal cost is $541,746.21.

This comes from three cost categories, all of which assume a GS13, step 1 Federal worker in the Washington, DC area examines the information. Current federal hourly wage rates for the Washington, DC area, based on OPM information is $49.68 per hour. Wage rages determined in accordance with the Office of Personnel Management salaries and wages information (available at www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/21Tables/html/DCB_h.aspx). The fully-loaded rate adds 33% for fringe benefits, bringing the hourly wage rate to $66.07.

SNAP Administrative Cost Sharing. SNAP funds cover 50% of State Administrative costs:

$ 168,165.29

Federal Staff to examine waiver data:

$ 10,868.52

Federal staff to examine FFCRA Reporting Data:

$ 278,774.44

Federal Staff to respond to waiver requests and maintain reports associated with CN-related waiver approvals:

$ 32,403.38

Federal staff to examine commodities use (FNS292A):

$ 51,534.60

A15. Explanation of program changes or adjustments.

Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 83-I.

This request has multiple components. This new information collection request is the result of program evolution/changes and will reduce burden hours by 8,341.03 and reduce responses in OMB’s inventory by 5,492. The total burden hours requested in this package is 11,548.97.

The changes from the last information collection include those discussed below.

With regard to the Child Nutrition Programs, under 0584-0654, it will not be necessary to include forms FNS-10, FNS-44 and FNS-418; they are currently covered and included in the information collection titled “Food Programs Reporting System (FPRS),” OMB Control Number 0584-0594.

In addition, FNS has addressed in this ICR package statewide, COVID-related waivers authorized under Section 12(l) of the NSLA. Section 12(l) of the 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. 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-19-related 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 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 and supplemental information; States read the associated guidance in order to prepare the application. In addition, 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. All of this has been captured in this ICR.

With regard to the SNAP program, there are currently active waivers across the country. This ICR revision assumes that states will request adjustments as the pandemic continues. This ICR takes into account the submission of such requests and associated required data reports and weekly operational updates as applicable.

With regard to the WIC state programs, the current burden estimates reflect what FNS knows will occur through 2023, that is, no new waiver requests but a need to capture burden for required reporting for State agencies and Local agencies associated with waivers previously received. This is similarly true as it relates to reporting requirements for FMNP state program staff.

A16. Plans for tabulation, and publication and project time schedule.

For collections of information whose results are planned to be published, outline plans for tabulation and publication.

SNAP will submit a report to the House and Senate Agriculture Committees, within 18 months after the public health emergency is lifted, detailing the measures taken to address food security needs of affected populations during the emergency and recommendations to changes to the Secretary’s authority to assist in preparation for any future emergency, which would include FFCRA Reporting Data. FFCRA Reporting Data collection and reporting will follow approximately the following schedule:

March 2020 through end of public health emergency – Update public website with list of approved adjustments, within 10 days of approval.
June 2020 through the month subsequent the end of the public health emergency – Collect evaluation reporting data via Microsoft Form or email, due 45 days after the expiration of an adjustment. FNS may need to reach out and continue collecting reports after 45 days if they are not submitted timely by the State agencies.
18 months after the end of public health emergency – Submit report to Congress.

A17. Displaying the OMB Approval Expiration Date.

If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

The agency plans to display the expiration date for OMB approval of the information collection on all instruments.

A18. Exceptions to the certification statement identified in Item 19.

Explain each exception to the certification statement identified in Item 19 of the OMB 83-I "Certification for Paperwork Reduction Act."

FNS does not have any exceptions to the certification statement

File Type	application/vnd.openxmlformats-officedocument.wordprocessingml.document
Author	Lydon, Maureen - FNS
File Modified	0000-00-00
File Created	2022-01-28