December 19 2023 Emergency Information Collection Related to CNs Summer EBT IFR (002)

December 19, 2023
MEMORANDUM
TO:

Laurel Havas
Desk Officer for FNS
Office of Information and Regulatory Affairs, OMB

THRU:

Maureen Lydon, Chief
Digitally signed by MAUREEN
Planning and Regulatory Affairs Office (PRAO) Food and LYDON
Nutrition Service
Date: 2023.12.19 16:39:37
-05'00'

Ruth Brown
Departmental Clearance Officer
Office of the Chief Information Officer
United States Department of Agriculture
FROM:

Cindy Long
Administrator
Food and Nutrition Service

CYNTHIA
LONG

Digitally signed by
CYNTHIA LONG
Date: 2023.12.19 17:19:26
-05'00'

SUBJECT: Emergency Approval of Information Collection under New FNS Rule
The Food and Nutrition Service (FNS) of the United States Department of Agriculture
(USDA) is requesting emergency approval under the Paperwork Reduction Act (PRA) to
conduct information collections necessitated by a new FNS regulation entitled, “Implementing
Provisions from the Consolidated Appropriations Act, 2023: Establishing the Summer EBT Program
and Rural Non-congregate Option in the Summer Meal Programs (0584-AE96).” Emergency
approval is needed so that FNS can collect this information immediately upon publication
and effectiveness of this Interim Final Rule (IFR). The use of normal clearance procedures
was not possible in this circumstance. Comments received through the IFR will be used to
inform the final collection of information.
This interim final rule will codify provisions of the Consolidated Appropriations Act of 2023
that provides State agencies operating the Summer Food Service Program (SFSP) the option to
provide non-congregate meal service in rural areas with no congregate meal service and
establishes a permanent summer electronic benefits transfer for children program (Summer
EBT). As a result, the changes to SFSP meal delivery would provide flexibilities to program
operators, including home delivery and parent pick-up meal service options, that would increase
opportunities to rural children and families to benefit from SFSP. Likewise, the Summer EBT
Program will ensure continued access to food when school is not in session for the summer.
In accordance with the Paperwork Reduction Act of 1995, this interim final rule revises existing
information collection requirements and contains new information collection requirements,
which are subject to review and approval by OMB. The interim final rule will add additional
new information collection requirements that extend the non-congregate meal service option to
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SFAs utilizing the Seamless Summer Option (SSO) of the National School Lunch Program
(NSLP). The rule is introducing new information collection requirements associated with the
Summer EBT Program. This rulemaking revises existing and proposes new reporting and
public disclosure requirements for State agencies, local sponsoring organizations, and nonprofit private institutions and camps that administer the Summer Food Service Program (SFSP),
as well as households that participate in the Program. This interim final rule also proposes new
reporting, recordkeeping, and public disclosure requirements for Summer EBT agencies,
Summer EBT Authorized Retailers, and households that will administer and participate in the
Summer EBT Program.
FNS will be requesting an OMB control number for a new information collection to contain the
new reporting, recordkeeping, and public disclosure information collection requirements for the
7 CFR Part 292, Summer EBT Program that will result from this rulemaking and is also seeking
public comment on this collection via the publication of the Interim Final Rule.
Below is a detailed summary of the changes to burden in the rule and the accompanying
reporting requirements for state agencies, school food authorities, and households that are being
impacted by this rule.
Detailed Summary of Changes Resulting from Rule with Information Collection Burden
Impact
The interim final rule will codify provisions of the Consolidated Appropriations Act of 2023 that
establish rural non-congregate service options in the Seamless Summer Option (SSO) of the
National School Lunch Program (NSLP). In current regulations, there is not an option for rural
schools to provide non-congregate meal service. The interim final rule allows schools, in an area
designated as rural, to have the option to enroll as non-congregate schools for the summer
operating period.
This interim final rule will amend regulations 7 CFR 210.18(e) and 7 CFR 210.34(a) to extend
the non-congregate service option to SSO and require that State agencies conduct at least two
site reviews of a school food authority (SFA) that chooses to operate non-congregate meal
service through SSO.
The changes in this interim rule will add new reporting requirements for State agencies and
School Food Authorities (SFAs).
USDA estimates that 56 State agencies will be required to fulfill the requirement at 7 CFR
210.18(e)(3)(ii) that the State agency must review the Seamless Summer Option (SSO), if the
school food authority (SFA) operates congregate and non-congregate meal service, at a
minimum of two sites, one congregate and one non-congregate. USDA estimates that the 56
State agencies will review 338 schools that operate non-congregate meal service through SSO
and that it takes approximately 2 hours to complete this reporting requirement for each record,
which is estimated to add a total of 37,895 annual burden hours and 18,947 responses to the
inventory.
USDA estimates that 1,997 school food authorities will be required to fulfill the requirement at 7
CFR 210.34(a) that an SFA operating the SSO in a rural area may be approved to offer a nonPage 2 of 37

congregate meal service consistent with that established in part 225 of this chapter. USDA
estimates that the 1,997 school food authorities each will approve 3,111 meals consistent with
non-congregate meal service during the summer operational period and that it takes
approximately 5 minutes (0.0835 hours) to complete this requirement, which is estimated to add
a total of 518,698 annual burden hours and 6,211,948 responses into OMB’s information
collection inventory. Of the 6,211,948 meals being served, USDA estimates that 5% of noncongregate meals will be served utilizing the home delivery meal service option. Estimates from
the ongoing Meals to You (MTY) demonstration estimate that the mailing costs associated with
home delivery is equal to the SFSP lunch meal reimbursement rate. As such, USDA estimates
that this requirement will also have $1,537,457.13 (6,211,948 meals * .05 * $4.95) in mailing
costs.
USDA expects that 1,997 school food authorities will be required to fulfill the requirement at 7
CFR 210.34(a) that an SFA must comply with the non-congregate meals service provisions set
forth at §225.16(b)(5)(i) to obtain prior parental consent, if meals are to be delivered to a child’s
home. USDA expects that the 1,997 school food authorities will obtain 3 adult consent forms
annually and that it takes approximately 1 hour to complete this requirement, which is estimated
to add a total of 5,647 annual burden hours and 5,647 responses into OMB’s information
collection inventory.
USDA estimates that 1,997 school food authorities will be required to fulfill the requirement at 7
CFR 210.34(a) that an SFA must comply with the non-congregate meals service provisions set
forth at §225.16(b)(5)(iv) to claim reimbursement for all eligible meals served to children at sites
in areas in which poor economic conditions exist, as defined in §225.2. At all other sites, only
the non-congregate meals served to children who meet the eligibility standards for this Program
may be reimbursed. USDA estimates that the 1,997 school food authorities will report
reimbursement claims for 55 days during the summer operating period annually and that it takes
approximately 1 hour to complete this requirement, which is estimated to add a total of 109,835
annual burden hours and 109,835 responses into OMB’s information collection inventory.
USDA expects that 1,997 school food authorities will be required to fulfill the requirement at 7
CFR 210.34(a) that an SFA may use the non-congregate meal service options contained in
§225.16(i) of this chapter. SFAs electing to operate non-congregate meal service must have a
system in place to ensure that the proper number of meals are distributed to each eligible child.
USDA expects that the 1,997 school food authorities will have a system in place to ensure that
the proper number of meals are distributed to each eligible child annually and that it takes
approximately 5 hours to complete this requirement, which adds a total of 9,985 annual burden
hours and 1,997 responses into OMB’s information collection inventory.
USDA estimates that 1,997 school food authorities will be required to fulfill the requirement at 7
CFR 210.34(a) that an SFA may use the non-congregate meal service options contained in
§225.16(i) of this chapter. USDA estimates that the 1,997 school food authorities will have
procedures in place to ensure that bulk meal components meet the requirements annually and that
it takes approximately 2 hours to complete this requirement, which adds a total of 3,994 annual
burden hours and 1,997 responses into OMB’s information collection inventory.
Households
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The changes to be implemented in this rule will add households, and reporting requirements for
those households, to the types of respondents and information collection requirements that are
currently approved. Currently, households are not part of the respondents currently covered
under this collection.
USDA estimates that 5,647 households will be required to fulfill the requirement at 7 CFR
210.34(a) that households provide written consent to participate in the Program at a rural site that
utilizes the home delivery option. USDA estimates that 5,647 households will submit a parental
consent form annually and that it takes approximately 15 minutes (0.25 hours) to complete this
requirement, which is estimated to add a total of 1,412 annual burden hours, 5,647 responses,
and 5,647 respondents into OMB’s information collection inventory.
USDA expects that 5,647 households will be required to fulfill the requirement at 7 CFR
210.34(a) that households travel to the parent or guardian pick-up site to take meals home to
their children. USDA expects that the 5,647 households will travel to the pick-up site once a
week for a total of 11 weeks during the summer operational period annually, and that it takes
approximately 2 hours to complete this requirement, which is estimated to add a total of 124,239
annual burden hours, 62,119 responses, and 5,647 respondents into OMB’s information
collection inventory.
As a result of this interim final rule, USDA estimates that the burden for this existing
information collection will increase to a total of 127,229 respondents, 54,050,134 responses, and
10,620,405 burden hours, which is an increase of 13,347 respondents, 6,418,138 responses,
811,704 burden hours. The average burden per response and the annual burden hours are
explained below and summarized in the charts which follow. Once the ICR for the final rule is
approved, USDA estimates that the existing burden will increase by 6,418,138 responses,
811,704 burden hours, 11,294 respondents, and $1,537,457.13 in total costs.
For NSLP, USDA estimates a cost of $769.88 per school food authority in mailing costs to
provide home delivered meals to households in areas designated as rural due to this interim final
rule. Therefore, as a result of the proposals outlined in this interim final rule, USDA estimates
that this collection is expected to have $1,537,457.13 in costs related to the provision of home
delivered meals that will be added to the currently approved burden for NSLP.
Below is a summary of the changes in the rule and the accompanying reporting and public
disclosure requirements for the state/local/tribal agencies, non-profit institutions, camps, and
participating households that are being impacted by this rule.
The interim final rule will codify provisions of the Consolidated Appropriations Act of 2023 that
establish rural non-congregate meal service options in SFSP. In current regulations, there is not
an option for rural sites to provide non-congregate meal service. The interim final rule allows
sites, in an area designated as rural, to have the option to enroll as non-congregate sites for the
summer operating period.
Currently, the regulations define “rural” as any areas in a county which is not a part of a
Metropolitan Statistical Area or any “pocket” within a Metropolitan Statistical Area which is
determined to be geographically isolated from urban areas. The interim final rule will expand the
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“rural” definition to also include any census tract classified as a non-metropolitan area based on
Rural-Urban Commuting Area codes, areas of a Metropolitan Statistical Area which is not part
of a Census Bureau-defined urban area, and areas of a State which are not part of an urban areas
as determined by the Secretary. These revisions will expand access to SFSP by increasing the
defined total rural service area. This will provide more program operators with an additional
option for offering no-cost meals to children in rural areas.
This interim final rule will amend 7 CFR 225.16(b)(5) and 7 CFR 225.16(i) to define noncongregate meal service and the options available under the new meal service provisions. The
revisions will establish the sponsors eligible for the new meal service options and the
requirements for rural non-congregate participation.
Reporting
State/Local/Tribal Governments
The changes in this rule will introduce new reporting requirements for State/Local/Tribal
governments.
USDA estimates that 53 State agencies will be required to fulfill the requirement at 7 CFR
225.3(e)(1) that State agencies must establish, and update annually as needed, a coordinated
services plan to coordinate the statewide availability of services offered through the Summer
Food Service Program described in this part and the Summer EBT program established in 7 CFR
part 292. USDA estimates that the 53 State agencies will be required to submit a coordinated
services plan annually and that it takes approximately 1 hour to complete this reporting
requirement for the plans. This new requirement will add 53 hours and responses to the
collection.
USDA estimates that 53 State agencies will be required to fulfil the new requirement at 7 CFR
225.4(d)(7) that State agencies must develop a plan for ensuring compliance with the food
service management company procurement requirements set forth at Section 225.6(l). USDA
estimates that the 53 State agencies will be required to develop a compliance plan annually and
that it takes approximately 5 hours to complete this requirement, which is estimated to add a total
of 265 annual burden hours and 53 responses to the collection.
USDA estimates that 53 State agencies will be required to fulfill the new requirement at 7 CFR
225.4(d)(8) that State agencies must provide an estimate of the State’s need for monies available
to pay for the cost of conducting health inspections and meal quality tests. USDA estimates that
the 53 State agencies will be required to conduct a budget estimate for conducting health and
meal quality inspections annually and that it takes approximately 5 hours to complete this
requirement, which is estimated to add a total of 265 annual burden hours and 53 responses to
the collection.
USDA estimates that 53 State agencies will be required to fulfill the new requirement at 7 CFR
225.4(d)(9) that State agencies must include in the Program Management Administration Plan
(MAP) a plan to provide a reasonable opportunity for children to access meals across all areas of
the State. USDA estimates that the 53 State agencies will be required to include a plan to provide
a reasonable opportunity for children to access meals across all areas of the State as a part of

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their MAP annually and that it takes approximately 5 hours to complete this requirement, which
is estimated to add a total of 265 annual burden hours and 53 responses to the collection.
USDA expects that 53 State agencies will be required to fulfill the new requirement at 7 CFR
225.4(d)(10) that State agencies must include in the Program Management Administration Plan
(MAP) a plan for Program delivery in areas that could benefit the most from the provision of
non-congregate meals, including the State’s plan to identify areas with no congregate meal
service, and target priority areas for non-congregate meal service. USDA expects that the 53
State agencies will be required to submit the Program delivery plan annually as a part of their
MAP and that it takes approximately 5 hours to complete this requirement, which is estimated to
add a total of 265 annual burden hours and 53 responses to the collection.
USDA expects that 53 State agencies will be required to fulfill the new requirement at 7 CFR
225.6(a)(2) that State agencies must identify rural areas with no congregate meal service and
encourage participating sponsors to provide non-congregate meals in those areas. USDA expects
that 53 State agencies will be required to identify rural areas within their State annually and that
it will take approximately 5 hours to complete this rural identification, which is estimated to add
265 hours and 53 responses to the collection.
USDA estimates that 53 State agencies will be required to fulfill the new requirement at 7 CFR
225.6(b)(6) that State agencies may approve exceptions for any sponsor to operate more than 200
sites or to serve more than an average of 50,000 children per day, if the applicant demonstrates it
has the capability of managing a program larger than these limits, and the SA has the capacity to
conduct reviews of at least 10 percent of the sponsor’s sites, as described in 225.7(e)(4)(v).
USDA estimates that the 53 State agencies will each approve exceptions for at least 1 sponsor
annually for a total of 76 responses and that it takes approximately 1 hour to complete the
requirement, which is estimated to add 76 annual burden hours and responses to the collection.
USDA expects that 53 State agencies will be required to fulfill the new requirement at 7 CFR
225.6(c)(2) that State agencies must review applications submitted by new sponsors, new sites,
and, as determined by the State agency, sponsors and sites which have experienced significant
operational problems, for the provided information on the procedures that document meals are
only distributed, to a reasonable extent, to eligible children and that duplicate meals are not
distributed to any child, if the applicant sponsor is electing to use the non-congregate meal
service options described in paragraphs (1) and (2) of §225.16(i). USDA expects that the 53
State agencies will each review 20 applications annually for a total of 1,066 responses and that it
takes approximately 1 hour to complete the requirement, which is estimated to add 1,066 annual
burden hours and responses to the collection.
USDA estimates that 640 local government sponsors will be required to fulfill the new
requirement at 7 CFR 225.6(c)(2)(ix) that new sponsors, new sites, and, as determined by the
State agency, sponsors and sites which have experienced significant operational problems must
provide information on the procedures that document meals are only distributed, to a reasonable
extent, to eligible children and that duplicate meals are not distributed to any child if the
applicant sponsor is electing to use the non-congregate meal service options described in
paragraphs (1) and (2) of §225.16(i). USDA estimates that 640 local government sponsors will
each provide information on their procedures to document meals annually and that it takes
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approximately 1 hour to complete the requirement, which is estimated to add 640 annual burden
hours and responses to the collection.
USDA expects that 53 State agencies will be required to fulfill the new requirement at 7 CFR
225.6(c)(3)(viii) that State agencies must review applications submitted by experienced sponsors
and experienced sites and review provided information on the procedures that document meals
are only distributed, to a reasonable extent, to eligible children and that duplicate meals are not
distributed to any child, if the applicant sponsor is electing to use the non-congregate meal
service options described in paragraphs (1) and (2) of §225.16(i). USDA expects that the 53
State agencies will review provided information from 84 sponsors for a total of 4,458 responses
and that it takes approximately 1 hour to complete the requirement, which is estimated to add
4,458 annual burden hours and responses to the collection.
USDA estimates that 2,675 local government sponsors will be required to fulfill the new
requirement at 7 CFR 225.6(c)(3)(viii) that experienced sponsors and experienced sites must
provide information on the procedures that document that meals are only distributed, to a
reasonable extent, to eligible children and that duplicate meals are not distributed to any child, if
the applicant sponsor is elected to use the non-congregate meal service options described in
paragraphs (1) and (2) of §225.16(i). USDA estimates that 2,675 local government sponsors will
be required to provide information annually and that it takes approximately 1 hour to complete
the requirement, which is estimated to add 2,675 annual burden hours and responses to the
collection.
USDA expects that 567 local government sponsors will be required to fulfill the new
requirement at 7 CFR 225.6(f)(1)(iii) that sponsors must submit the policy statement of all camps
and conditional non-congregate sites that charge separately for meals that includes specific
eligibility information and a copy of its hearing procedures with its application. USDA expects
that the 567 local government sponsors will need to submit the policy statement annually with its
application and that it takes approximately 1 hour to complete the requirement, which is
estimated to add 567 total annual burden hours and responses to the collection.
USDA estimates that 53 State agencies will be required to fulfill the new requirement at 7 CFR
225.6(g)(1) that State agencies must review the site information sheet submitted by sponsors, for
new sites where non-congregate meal service is proposed for the first time. USDA estimates that
the 53 State agencies will review at least 1 site information sheet annually for a total of 53
responses and that it will take approximately 1 hour to complete the requirement, which is
estimated to add 53 annual burden hours and responses to the collection.
USDA expects that 38 local government sponsors will be required to fulfill the new requirement
at 7 CFR 225.6(g)(1) that sponsors must submit documentation, for new sites where noncongregate meals service is proposed for the first time, once every five years, or earlier if the
State agency determines that an area’s rural status has changed significantly since the last
designation, on the site information sheet. USDA expects that the 38 local government sponsors
will submit documentation once every five years for a total 8 responses annually and that it takes
approximately 1 hour to complete the requirement, which is estimated to add 8 annual burden
hours and responses to the collection.

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USDA estimates that 53 State agencies will be required to fulfill the new requirement at 7 CFR
226.6(g)(2) that State agencies must review the site information sheet submitted by sponsors, for
experienced sites where non-congregate meal service is proposed for the first time. USDA
estimates that the 53 State agencies will review 3 site information sheets annually for a total of
177 annual responses and that it takes approximately 1 hour to complete the requirement, which
is estimated to add 177 annual burden hours and responses to the collection.
USDA expects that 529 local government sponsors will be required to fulfill the new
requirement at 7 CFR 225.6(g)(2) that sponsors must submit documentation, for experienced
sites where non-congregate meal service operation is proposed for the first time, once every 5
years, or earlier, if the State agency determines that an area’s rural status has changed
significantly since the last designation, on the site information sheet. USDA expects that the 529
local government sponsors will submit documentation once every five years for a total of 106
responses annually and that it takes approximately 1 hour to complete the requirement, which is
estimated to add 106 annual burden hours and responses to the collection.
USDA expects that 53 local government sponsors will be required to fulfill the new requirement
at 7 CFR 225.6(h)(3) and 7 CFR 225.6(h)(4) that State agencies must ensure that sites applying
for non-congregate meal service, or sites applying for both congregate and non-congregate meal
service, meet the requirements for non-congregate meal service. USDA estimates that 53 State
agencies will submit 18 responses annually and that it takes approximately 1 hour to complete
this requirement, which is estimated to add 946 hours and responses to the collection.
USDA estimates that 53 local government sponsors will be required to fulfill the requirement at
7 CFR 225.7(d) that State agencies must review sponsors and sites to ensure compliance with
Program regulations, including all applicant sponsors that did not participate in the prior year, all
applicant sponsors that had operational problems noted in the prior year, and all sites that the
State agency has determined need a pre-approval visit, including sites did not participate in the
prior year or sites that are new to non-congregate meal service. USDA estimates that 53 local
government agencies will submit 485 responses annually and that it takes approximately 2 hours
to complete this requirement for each record. The interim final rule is increasing the number of
estimated sites that must respond to this requirement, which in turn increases the responses for
this collection by 946 responses, from 24,764 to 25,710 responses. This results in an increase in
the burden hours for this requirement by 49,364 hours, from 2,055 to 51,419 hours per year.
USDA expects that 53 State agencies will be required to fulfill the new requirement at 7 CFR
225.7(d)(2) that State agencies may conduct pre-approval visits of a CACFP institution if it was
reviewed by the State agency under their respective programs during the preceding 12 months,
and had no significant deficiencies noted in that review. USDA expects that the 53 State agencies
will review 64 CACFP institutions annually and that it takes approximately 2 hours to complete
this requirement, which is estimated to add 6,750 annual burden hours and 3,375 responses into
OMB’s information collection inventory.
USDA expects that 53 State agencies will be required to fulfill the new requirement at 7 CFR
225.7(d)(4) that State agencies must establish a process to determine which sites need a preapproval visit, including sites that did not participate in the Program in the prior year, existing
sites that are new to non-congregate meal service and existing sites that exhibited operational
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problems in the prior year. USDA expects that 53 State agencies will establish a process annually
and that it takes approximately 5 hours to complete this requirement, which is estimated to add
265 hours and 53 responses to the collection.
USDA estimates that 53 State agencies will be required to fulfill the new requirement at 7 CFR
225.7(e)(4)(i) that State agencies must conduct a review of every new sponsor at least once
during the first year of operation. USDA estimates that the 53 State agencies will conduct a
review of 7 new sponsors annually for a total of 370 responses and that it takes approximately 2
hours to complete the requirement, which is estimated to add 740 annual burden hours and 370
responses to the collection.
USDA expects that 53 State agencies will be required to fulfill the new requirement at 7 CFR
225.7(e)(4)(ii) that State agencies must annually review every sponsor that experienced
significant operational problems in the prior year. USDA expects that the 53 State agencies will
conduct a review of 3 sponsors with significant operation problems annually for a total of 159
responses and that it takes approximately 2 hours to complete the requirement, which is
estimated to add 318 annual burden hours and 159 responses to the collection.
USDA estimates that 53 State agencies will be required to fulfill the new requirement at 7 CFR
225.7(e)(4)(iii) that State agencies must review each sponsor at least once every three years.
USDA estimates that the 53 State agencies will review at least 35 sponsors annually for a total of
1,841 responses and that it will take approximately 2 hours to complete the requirement, which is
estimated to add 3,683 annual burden hours and 1,841 responses to the collection.
USDA expects that 53 State agencies will be required to fulfill the new requirement at 7 CFR
225.7(e)(4)(iv) that State agencies may review sponsors that require additional technical
assistance more frequently at their own discretion. USDA expects that the 53 State agencies will
review 3 sponsors annually for a total of 159 responses and that it takes approximately 2 hours to
complete the requirement, which is estimated to add 318 annual burden hours and 159 responses
to the collection.
USDA estimates that 53 State agencies will be required to fulfill the new requirements at 7 CFR
225.7(j) that State agencies must develop and provide monitor review forms to all approved
sponsors. USDA estimates that the 53 State agencies will each develop a monitor review form
annually and that it takes approximately 5 hours to complete the requirement, which is estimated
to add 265 annual burden hours and 53 responses to the collection.
USDA expects that 3,314 local government sponsors will be required to fulfill the new
requirement at 7 CFR 225.7(j) that sponsors must complete provided monitor review forms and
include the required information. USDA expects that the 3,314 local government sponsors will
complete a monitor review form annually and that it takes approximately 1 hour to complete the
requirement, which is estimated to add 3,314 annual burden hours and responses to the
collection.
USDA expects that 53 State agencies will be required to fulfill the requirement at 7 CFR
225.8(e) that State agencies, by May 1 of each fiscal year, submit to FNS a list of open site
locations and their operational details via the Summer Meal Site Locator form (FNS-905) and
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update weekly as needed, with a minimum of 3 updates during the summer operational period.
USDA expects that 53 State agencies will submit 3 Summer Meal Site Locator forms annually
for a total of 159 responses and that it takes approximately 7.5 minutes (0.125 hours) to complete
this requirement.
USDA estimates that an additional 20 annual burden hours and 159 responses beyond what is
currently approved for reporting under form FNS-905 will be needed due to this interim final
rule. To account for this burden, USDA is adding this requirement into this collection and
estimates that it will add 20 burden hours and 159 responses into the collection.
USDA estimates that 53 State agencies will be required to fulfill the new requirement at 7 CFR
225.8(e) that State agencies will update Information Systems (IS) to facilitate the submission of
FNS-905 forms to FNS. USDA estimates that the 53 State agencies will each need to update
their Information Systems to support the submission of FNS-905 forms to FNS and that it will
take approximately 10 hours to complete the requirement. Furthermore, USDA estimates that
each of the 53 State agencies incur a total of $14,542.96 in start-up costs to complete the
requirement. USDA estimates that this requirement will add 530 annual burden hours, 53
responses, and $14,542.96 in costs to the collection.
USDA estimates that 28 local government sponsors will be required to fulfill the new
requirement at 7 CFR 225.14(d)(6) that sponsors that operate non-congregate meal service and
deliver meals directly to children’s homes obtain written parental participation consent. USDA
estimates that 28 local government agencies will submit 226 responses annually and that it takes
approximately 15 minutes (0.25 hours) to complete this requirement, which is estimated to add
1,603 hours and 6,410 responses to the collection.
USDA expects that 567 local government sponsors will be required to fulfill the new
requirement at 7 CFR 225.14(d)(7) that sponsors that operate conditional non-congregate sites
must certify that it will collect information to determine children’s Program eligibility to support
its claims for reimbursement. USDA expects that 567 local government agencies will submit a
certification annually and that it takes approximately 1 hour to complete this requirement, which
is estimated to add 567 hours and responses will be added to the collection.
USDA estimates that 53 State agencies will be required to fulfill the requirement at 7 CFR
225.15(d)(1) that SAs must develop training for administrative and site personnel, which must
include: the purpose of the Program, site eligibility, recordkeeping, congregate and noncongregate meal services, meal pattern requirements, and the duties of the monitor. USDA
estimates that 53 State agencies will need to develop training for SFSP annually and that it takes
approximately 10 hours to complete this requirement, which is estimated to add 530 annual
burden hours and 53 responses to the collection.
USDA estimates that 3,314 local government sponsors will be required to fulfill the new
requirement at 7 CFR 225.15(d)(1) that sponsors must hold Program training sessions for its
administrative and site personnel, which must include: the purpose of the Program, site
eligibility, recordkeeping, congregate and non-congregate meal services, meal pattern
requirements, and the duties of the monitor. USDA estimates that the 3,314 local government
sponsors will each conduct a training session for its administrative and site personnel annually
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and that it takes approximately 5 hours to complete this requirement, which is estimated to add
16,570 annual burden hours and 3,314 responses to the collection.
USDA estimates that 3,314 local government sponsors will be required to fulfill the new
requirement at 7 CFR 225.15(d)(1) that sponsors must provide documentation that its
administrative personnel have attended the State agency training provided to the sponsors.
USDA estimates that the 3,314 local government sponsors will each submit documentation
annually and that it takes approximately 1 hour to complete this requirement, which is estimated
to add 3,314 annual burden hours and responses to the collection.
USDA estimates that 3,314 local government sponsors will be required to fulfill the new
requirement at 7 CFR 225.15(d)(2) that sponsors must conduct pre-operational visits for new
sites, including existing sites that are new to non-congregate meal service, sites that experienced
operational problems the previous year, and sites that have experienced significant staff turnover
from the prior year before a site operates the Program to determine that the sites have the
facilities and capability to provide and conduct the proposed meal service for the anticipated
number of children. USDA estimates that 3,314 local government agencies will conduct 9 preoperational visits annually and that it takes approximately 2 hours to complete this requirement,
which is estimated to add 60,787 hours and 30,393 responses to the collection.
USDA estimates that 3,314 local government sponsors will be required to fulfill the requirement
at 7 CFR 225.15(d)(3) that sponsors must visit each of their sites at least once during the first
week of operation under the Program. USDA estimates that the 3,314 local government sponsors
will conduct 9 site visits annually for a total of 30,393 responses and that it takes approximately
30 minutes (0.5 hours) to complete the requirement for a total of 15,197 hours. The interim final
rule moves the requirement to 7 CFR 225.15(d)(3). USDA also estimates that the number of
responses will increase by 567, from 29,826 to 30,393 responses, and that the number of annual
burden hours will increase by 284, from 14,913 to 15,197 burden hours.
USDA expects that 3,314 local government sponsors will be required to fulfill the requirement at
7 CFR 225.15(d)(4) that sponsors must review food service operations for all sites at least once
during the first four weeks of Program operations, and thereafter maintain a reasonable level of
monitoring. USDA expects that the 3,314 local government sponsors will review 9 food service
operations annually for a total 30,393 responses and that it takes approximately 2 hours to
complete the requirement for a total of 60,787 hours. The interim final rule moves this
requirement to 7 CFR 225.15(d)(4). USDA also estimates that the number of responses will
increase by 567, from 29,826 to 30,393 responses, and that the number of annual burden hours
will increase by 1,135, from 59,652 to 60,787 burden hours.
USDA estimates that 567 local government sponsors will be required to fulfill the new
requirement at 7 CFR 225.16(b)(5)(i) that a sponsor that is approved to provide non-congregate
meals in rural areas with no congregate meal service must obtain prior parental consent, if meals
are to be delivered to a child’s home. USDA estimates that the 567 local government sponsors
will obtain 11 parental consent forms annually for a total of 6,410 responses and that it takes
approximately 1 hour to complete the requirement, which is estimated to add 6,410 annual
burden hours and responses to the collection.

Page 11 of 37

USDA expects that 567 local government sponsors will be required to fulfill the new
requirement at 7 CFR 225.16(b)(5)(ii) that a sponsor that is approved to provide parent or
guardian pick-up non-congregate meals in rural areas with no congregate meal service must
serve meals as described in paragraph (b)(3) of this section. USDA expects that the 567 local
government sponsors will serve 11,805 meals annually for a total of 6,698,902 responses and
that it takes approximately 5 minutes (0.0835 hours) to complete the requirement, which is
estimated to add 559,358 annual burden hours and 6,698,902 responses to the collection. Of the
6,698,902 meals being served, USDA estimates that 5% of non-congregate meals will be served
utilizing the home delivery meal service option. Estimates from the ongoing Meals to You
(MTY) demonstration estimate that the mailing costs associated with home delivery is equal to
the SFSP lunch meal reimbursement rate. As such, USDA estimates that $1,657,978.25
(6,698,902 meals * .05 * $4.95) in mailing costs will be associated with this requirement.
USDA estimates that 567 local government sponsors will be required to fulfill the new
requirement at 7 CFR 225.16(b)(5)(ii) that a sponsor that is approved to provide multi-day meal
issuance or bulk meal component non-congregate meals in rural areas with no congregate meals
service must serve meals as described in paragraph (b)(3) of this section. USDA expects that the
567 local government sponsors will serve 621 meals annually for a total of 352,574 responses
and that it takes approximately 2 hours to complete the requirement, which is estimated to add
705,148 annual burden hours and 352,574 responses to the collection.
USDA expects that 567 local government sponsors will be required to fulfill the new
requirement at 7 CFR 225.16(b)(5)(iv) that a sponsor that is approved to provide non-congregate
meals in rural areas with no congregate meal service must claim reimbursement for all eligible
meals served to children at sites in areas in which poor economic conditions exist, as defined in
§225.2. At all other sites, only the non-congregate meals served to children who meet the
eligibility standards for this Program may be reimbursed. USDA expects that the 567 local
government sponsors will submit reimbursement claims for 55 days during the summer operating
period annually, for a total of 31,211 responses and that it takes approximately 1 hour to
complete the requirement, which is estimated to add 31,211 annual burden hours and responses
to the collection.
USDA estimates that 567 local government sponsors will be required to fulfill the new
requirement at 7 CFR 225.16(i) that sponsors electing to operate multi-day meal issuance, parent
or guardian pick-up, or bulk meal component non-congregate meal service must have a system in
place to ensure that the proper number of meals are distributed to each eligible child. USDA
estimates that 567 local government agencies will need to ensure that a system is in place
annually, for 567 responses, and that it takes approximately 5 hours to complete this
requirement, which is estimated to add 2,837 hours and 567 responses to the collection.
USDA expects that 188 local government sponsors will be required to fulfill the new
requirement at 7 CFR 225.16(i)(3) that sponsors electing to serve bulk meal components must
ensure that required food components for each reimbursable meal are served, as described in
paragraph (d) of this section. USDA expects that the 188 local government sponsors will have
procedures in place to ensure that bulk meal components meal service meets the requirements
annually and that it takes approximately 2 hours to complete the requirement; which is estimated
to add 3,376 annual burden hours and 188 responses to the collection.
Page 12 of 37

USDA estimates that 53 State agencies will be required to fulfill the requirement at 7 CFR
225.3(b) to notify USDA if it intends to administer SFSP, by January 1 of each fiscal year, and
submit an agreement that contains assurance that the State agency will comply with policy,
instructions, guidance, and handbooks issued by FNS. USDA estimates that the 53 State agencies
will be required to notify USDA annually and that it takes approximately 36 hours to complete
this requirement. The interim final rule revises the submission date for the currently approved
Program agreement from November 1 to January 1. As such, the 1,908 total annual burden hours
and 56 responses will remain unchanged from the currently approved collection.
USDA expects that 53 State agencies will be required to fulfill the requirement at 7 CFR
225.8(d)(2) that State agencies within 5 days of approval of sponsors, must notify the appropriate
FNSRO of sponsors, approved sites, locations, days of operation, estimated daily attendance,
type of site approval, and other important details about each site. USDA expects that 53 State
agencies will notify the appropriate FNSRO 104 times annually, once for each operating
sponsor, and that it takes approximately 1 hour to complete this requirement. The interim final
rule adds type of site approval to the information collected about the site. This revision, however,
is not expected to change the currently approved burden of 5,512 annual burden hours and
responses.
Businesses (Non-profit Institutions and Camps)
The changes proposed in this rule will introduce new reporting requirements and impact existing
ones.
USDA estimates that 426 non-profit institutions and camps be required to fulfill the new
requirement at 7 CFR 225.6(c)(2)(ix) that new sponsors, new sites, and, as determined by the
State agency, sponsors and sites which have experienced significant operational problems must
provide information on the procedures that document meals are only distributed, to a reasonable
extent, to eligible children and that duplicate meals are not distributed to any child, if the
applicant sponsor is electing to use the non-congregate meal service options described in
paragraphs (1) and (2) of Section 225.16(i). USDA estimates that the 426 non-profit institutions
and camps will provide information on their procedures annually and that it takes approximately
1 hour to complete the requirement, which is estimated to add 426 annual burden hours and
responses to the collection.
USDA expects that 1,783 non-profit institutions and camps will be required to fulfill the new
requirement at 7 CFR 225.6(c)(3)(viii) that experienced sponsors and experienced sites must
provide information on the procedures that document meals are only distributed, to a reasonable
extent, to eligible children and that duplicate meals are not distributed to any child. USDA
expects that the 1,783 non-profit institutions and camps will provide information on their
procedures annually and that it takes approximately 1 hour to complete the requirement, which is
estimated to add 1,783 annual burden hours and responses to the collection.
USDA estimates that 378 non-profit institutions and camps will be required to fulfill the new
requirement at 7 CFR 225.6(f)(1)(iii) that sponsors submit the policy statement of all camps and
conditional non-congregate sites that charge separately for meals that includes specific eligibility
information and a copy of its hearing procedures with its application. USDA estimates that the
Page 13 of 37

378 non-profit institutions and camps will submit a policy statement annually and that it takes
approximately 1 hour to complete the requirement, which is estimated to add 378 annual burden
hours and responses to the collection.
USDA expects that 25 non-profit institutions and camps will be required to fulfill the new
requirement at 7 CFR 225.6(g)(1) that sponsors must submit documentation, for new sites where
non-congregate meal service operation is proposed for the first time, once every 5 years, or
earlier, if the State agency determines that an area’s rural status has changed significantly since
the last designation, on the site information sheet. USDA expects that the 25 non-profit
institutions and camps will submit documentation once every 5 years for a total of 5 responses
annual and that it takes approximately 1 hour to complete the requirement, which is estimated to
add 5 annual burden hours and responses to the collection.
USDA estimates that 353 non-profit institutions and camps will be required to fulfill the new
requirement at 7 CFR 225.6(g)(2) that sponsors must submit documentation, for experienced
sites where non-congregate meal service operation is proposed for the first time, once every 5
years, or earlier, if the State agency determines that an area’s rural status has changed
significantly since the last designation, on the site information sheet. USDA estimates that the
353 non-profit institutions and camps will submit documentation once every five years for a total
of 71 responses annually and that it takes approximately 1 hour to complete the requirement,
which is estimated to add 71 annual burden hours and responses to the collection.
USDA expects that 2,210 non-profit businesses and camps will be required to fulfill the new
requirements at 7 CFR 225.7(j) that sponsors must complete provided monitor review forms and
include the required information. USDA expects that the 2,210 non-profit institutions and camps
will be required to complete the monitor review form annually and that it takes approximately 1
hour to complete the requirement, which is estimated to add 2,210 annual burden hours and
responses to the collection.
USDA expects that 19 non-profit institutions and camps will be required to fulfill the new
requirement at 7 CFR 225.14(d)(6) that sponsors that operate non-congregate meal service and
deliver meals directly to children’s homes must obtain participation consent from an adult
household member. USDA expects that 19 non-profit institutions and camps will collect 226
consent forms annually and that it takes approximately 15 minutes (0.25 hours) to complete this
requirement, which is estimated to add 1,069 hours and 4,275 responses to the collection.
USDA estimates that 378 non-profit institutions and camps will be required to fulfill the new
requirement at 7 CFR 225.14(d)(7) that sponsors that operate a conditional non-congregate site
must certify that it will collect information to determine children’s Program eligibility to support
its claims for reimbursement. USDA estimates that 378 non-profit institutions and camps will
certify that it will collect information annually and that it takes approximately 1 hour to complete
this requirement, which is estimated to add 378 hours and responses to the collection.
USDA expects that 2,210 non-profit institutions and camps will be required to fulfill the new
requirement at 7 CFR 225.14(d)(8) that sponsors that are not a school food authority (SFA) must
enter into a written agreement or Memoranda of Understanding (MOU) with the State agency or
SFA if it chooses to receive school data to determine children’s Program eligibility, as required
Page 14 of 37

under 225.15(k). USDA expects that 2,210 non-profit institutions and camps will enter an MOU
annually and that it takes approximately 1 hour to complete this requirement, which is estimated
to add 2,210 hours and responses to the collection.
USDA estimates that 2,210 non-profit institutions and camps will be required to fulfill the new
requirement at 7 CFR 225.15(d)(1) that sponsors must hold Program training sessions for its
administrative and site personnel. USDA estimates that the 2,210 non-profit institutions and
camps will hold a training session annually for administrative and site personnel and that it takes
approximately 5 hours to complete the requirement; which is estimated to add 11,050 annual
burden hours and 2,210 responses to the collection.
USDA estimates that 2,210 non-profit institutions and camps will be required to fulfill the new
requirement at 7 CFR 225.15(d)(1) that sponsors must provide documentation that its
administrative personnel have attended the State agency training provided to the sponsors.
USDA estimates that the 2,210 non-profit institutions and camps will provide documentation
annually and that it takes approximately 1 hour to complete the requirement, which is estimated
to add 2,210 annual burden hours and responses to the collection.
USDA estimates that 2,210 non-profit institutions and camps will be required to fulfill the
requirement at 7 CFR 225.15(d)(2) that sponsors must conduct pre-operational visits for new
sites, including existing sites that are new to non-congregate meal service, and sites that
experienced operational problems the previous year before a site operates the Program to
determine that the sites have the facilities and capability to provide and conduct the proposed
meal service for the anticipated number of children. USDA estimates that 2,210 non-profit
institutions and camps will conduct 9 pre-operational visits annually and that it takes
approximately 30 minutes (0.5 hours) to complete this requirement, which is estimated to add
10,134 hours and 20,268 responses to the collection.
USDA estimates that 2,210 local government sponsors will be required to fulfill the requirement
at 7 CFR 225.15(d)(3) that sponsors must visit each of their sites at least once during the first
week of operation under the Program. USDA estimates that the 2,210 local government sponsors
will conduct 9 site visits annually for a total of 20,268 responses and that it takes approximately
30 minutes (0.5 hours) to complete the requirement for a total of 10,134 hours. This requirement
is currently approved, but the interim final rule moves the requirement to 7 CFR 225.15(d)(3).
USDA also estimates that the number of responses will increase by 378, from 19,890 to 20,268
responses, and that the number of annual burden hours will increase by 189, from 9,945 to
10,134 hours.
USDA expects that 2,210 local government sponsors will be required to fulfill the requirement at
7 CFR 225.15(d)(4) that sponsors must review food service operations for all sites at least once
during the first four weeks of Program operations, and thereafter maintain a reasonable level of
monitoring. USDA expects that the 2,210 local government sponsors will review 9 food service
operations annually for a total 20,268 responses and that it takes approximately 2 hours to
complete this requirement for a total of 40,537 hours. This requirement is currently approved but
the interim final rule moves it to 7 CFR 225.15(d)(4). USDA also estimates that the number of
responses will increase by 378, from 19,890 to 20,268 responses, and that the number of annual
burden hours will increase by 757, from 39,780 to 40,537 hours.
Page 15 of 37

USDA estimates that 2,210 non-profit institutions and camps will be required to fulfill the new
requirement at 7 CFR 225.15(f) that sponsors may also use the household application procedures
to identify eligible children in non-area eligible areas instead of entering into a written agreement
or MOU with the local SFA. USDA estimates that the 2,210 non-profit institutions and camps
will use household application procedures to identify 26 eligible children each for a total of
58,365 responses annually and that it takes approximately 30 minutes (0.5 hours) to complete the
requirement, which is estimated to add 29,183 annual burden hours and 58,365 responses into
the collection.
USDA expects that 378 non-profit institutions and camps will be required to fulfill the new
requirement at 7 CFR 225.16(b)(5)(i) that a sponsor that is approved to provide non-congregate
meals in rural areas with no congregate meal service must obtain prior parental consent, if meals
are to be delivered to a child’s home. USDA expects that the 378 non-profit institutions and
camps will obtain 11 parental consent forms for a total of 4,275 responses annually and that it
takes approximately 1 hour to complete the requirement, which is estimated to add 4,275 annual
burden hours and responses to the collection.
USDA estimates that 378 non-profit institutions and camps will be required to fulfill the new
requirement at 7 CFR 225.16(b)(5)(ii) that a sponsor that is approved to provide parent or
guardian pick-up of non-congregate meals in rural areas with no congregate meal service must
serve meals as described in paragraph (b)(3) of this section. USDA estimates that the 378 nonprofit institutions and camps will each serve 11,805 meals for a total of 4,467,283 responses
annually and that it takes approximately 5 minutes (0.0835 hours) to complete the requirement,
which is estimated to add 373,018 annual burden hours and 4,467,283 responses to the
collection. Of the 4,467,283 meals being served, USDA estimates that 5% of non-congregate
meals will be served utilizing the home delivery meal service option. Estimates from the ongoing
Meals to You (MTY) demonstration estimate that the mailing costs associated with home
delivery is equal to the SFSP lunch meal reimbursement rate. As such, USDA estimates that
$1,105,652.54 (4,467,2831,337,472 meals * .05 * $4.95) in mailing costs will also be added to
this requirement.
USDA expects that 378 non-profit institutions and camps will be required to fulfill the new
requirement at 7 CFR 225.16(b)(5)(ii) that a sponsor that is approved to provide multi-day meal
issuance or bulk meal component non-congregate meal service in rural areas with no congregate
meal service must serve meals as described in paragraph (b)(3) of this section. USDA expects
that the 378 non-profit institutions and camps will each serve 621 meals for a total of 235,120
responses annually and that it takes approximately 2 hours to complete the requirement, which is
estimated to add 470,240 annual burden hours and 235,120 to the collection.
USDA estimates that 378 non-profit institutions and camps will be required to fulfill the new
requirement at 7 CFR 225.16(b)(5)(iv) that a sponsor that is approved to provide non-congregate
meals in rural areas with no congregate meal service must claim reimbursement for all eligible
meals served to children at sites in areas in which poor economic conditions exist, as defined in
§225.2. At all other sites, only the non-congregate meals served to children who meet the
eligibility standards for this Program may be reimbursed. USDA estimates that the 378 nonprofit institutions and camps will each submit reimbursement claims for 55 days during the
Page 16 of 37

summer operational period annually and that it takes approximately 1 hour to complete the
requirement, which is estimated to add 20,814 annual burden hours and responses to the
collection.
USDA expects that 378 non-profit institutions and camps will be required to fulfill the new
requirement at 7 CFR 225.16(i) that sponsors electing to operate multi-day meal issuance, parent
or guardian pick-up, or bulk meal component non-congregate meal service must have a system in
place to ensure that the proper number of meals are distributed to each eligible child. USDA
expects that 378 non-profit institutions and camps will ensure that a system is in place annually
and that it takes approximately 5 hours to complete this requirement, which is estimated to add
1,892 hours and 378 responses to the collection.
USDA estimates that 125 local government sponsors will be required to fulfill the new
requirement at 7 CFR 225.16(i)(3) that sponsors electing to serve bulk meal components must
ensure that required food components for each reimbursable meal are served, as described in
paragraph (d) of this section USDA estimates that the 125 local government sponsors will have
procedures in place to ensure that bulk meal components meal service meets the requirements
annually and that it takes approximately 2 hours to complete the requirement, which is estimated
to add 251 annual burden hours and 125 responses to the collection.
Households
The changes proposed in this rule will add new reporting requirements for Households.
USDA estimates that 10,685 households will be required to fulfill the new requirement at 7 CFR
225.14(d)(6) that households provide written consent to participate in the Program at a rural site
that utilizes the home delivery option. USDA estimates that 10,685 households will have to
provide their written consent to participate annually and that it takes approximately 15 minutes
(0.25 hours) to complete this requirement, which is estimated to add 2,671 hours and 10,685
responses to the collection.
USDA expects that 10,685 households will be required to fulfill the new requirement at 7 CFR
225.16(i)(2) that households travel to the parent or guardian pick-up site to take meals home to
their children. USDA expects that the 10,685 households will travel to the pick-up site 11 times
annually for a total of 117,539 responses and that it takes approximately 2 hours to complete the
requirement, which is estimated to add 235,078 annual burden hours and 117,539 responses to
this collection.
Public Disclosure
State/Local/Tribal Governments
The changes proposed in this rule will add a new public disclosure requirement for
State/Local/Tribal Governments.
USDA estimates 53 State agencies will be required to fulfill the new requirement at 7 CFR
225.3(e)(4) that State agencies must make their service coordination plans available to the public
through a website, or through similar means. USDA estimates that the 53 State agencies will
have to make their state coordination plans publicly available annually and that it takes

Page 17 of 37

approximately 15 minutes (0.25 hours) to complete the requirement, which is estimated to add 13
hours and 53 responses to the collection.
Businesses (Non-profit institutions and camps)
The changes proposed in this rule will add a new public disclosure requirement for Businesses
(Non-profit institutions and camps).
USDA estimates that 2,210 non-profit institutions and camps will be required to fulfill the
requirement at 7 CFR 225.15(e) that each sponsor of sites that use free meal applications to
determine individual eligibility must include certain information as a part of its notification to
enrolled children. USDA estimates that the 2,210 non-profit institutions and camps will be
required to provide the information as a part of its notification to 26 enrolled children annually
for a total of 58,365 responses and that it takes approximately 15 minutes (0.25 hours) to
complete the requirement, which is estimated to add 14,591 annual burden hours and 58,365
responses the collection.
As a result of the proposals outlined in this rulemaking, USDA estimates that this information
collection will have 63,942 respondents, 12,505,697 responses, and 3,120,966 burden hours. The
average burden per response and the annual burden hours are explained below and summarized
in the charts which follow. Once the ICR for the final rule is approved USDA estimates that the
burden will increase by 12,113,902 responses and 2,658,267 burden hours.
For SFSP, there is a wide variation in development and administration costs to implement
information systems to accommodate the FNS-905 requirements. USDA estimates a cost of
$14,542.96 per State agency to perform the necessary system upgrades for respondents of this
interim rule ICR. Likewise, program operators will face increased costs to offer home delivered
meals as a part of this interim final rule ICR. USDA estimates a cost of $2,924.12 for each local
government sponsor and a cost of $2,925.01 for each non-profit institution and camp to cover
mailing costs associated with providing home delivery. Therefore, as a result of the interim final
rule, USDA estimates that this collection is expected to have $770,777 in system upgrade costs,
$1,657,978.25 in local government sponsor mailing costs, and $1,105,652.54 in non-profit
institution and camp mailing costs, which will add a total of $3,534,407.79 in combined system
upgrades and annual mailing costs to the currently approved burden for SFSP.
New OMB Control Number for Additional Information Collection/Burden for Summer
EBT Program
FNS is requesting a new OMB Control Number for the information collection requirements and
associated burden for the Summer EBT program which is being implemented as a result of the
interim final rule, “Implementing Provisions from the Consolidated Appropriations Act, 2023:
Establishing the Summer EBT Program and Rural Non-congregate Option in the Summer Food
Service Program. Below is a summary of the changes in the rule and the accompanying
reporting, recordkeeping, and public disclosure requirements that will impact the burden on
Summer EBT Agencies (State agencies and Indian Tribal Organizations (ITOs)), the
Commonwealth of Puerto Rico, local government agencies, Summer EBT authorized retailers
(firms and retail food stores), and participating households.
Page 18 of 37

The interim final rule will codify provisions of the Consolidated Appropriations Act of 2023 that
establish a permanent, nationwide Summer EBT Program, beginning in 2024. The Summer EBT
program will provide benefits on EBT cards for families to purchase food for their children,
during the summer months, when school is not in session.
The interim final rule will create a new chapter in 7 CFR part 292 to establish the Summer EBT
Program and the required procedures to fully implement the Program. This rulemaking will
introduce new reporting, recordkeeping, and public disclosure requirements to ensure State
agencies and Indian Tribal Organization (ITO) operations are compliant with the NSLA and the
regulations. New requirements include State agency responsibilities, new eligibility and benefit
issuance requirements, and the development of standards and monitoring requirements to ensure
that eligible children receive the proper benefit and protect program integrity. The interim final
rule will create new reporting and recordkeeping responsibilities that Summer EBT authorized
retailers must comply with in order to redeem Summer EBT benefits spent at their locations. As
a part of this rulemaking, some households will be required to submit an income eligibility,
notify the appropriate Summer EBT agency for opting-out of Program participation or seeking
an appeal of a Summer EBT decision, and respond to a Summer EBT agency’s request for
verification their Program eligibility to participate in the Program.
Reporting
Summer EBT Agencies (State Agencies, Indian Tribal Organizations, and the
Commonwealth of Puerto Rico)
The changes proposed in this rule will establish new reporting requirements, as required by
statute, for State/Local/Tribal governments.
USDA estimates that 55 State agencies will be required to fulfill the requirement at 7 CFR
292.3(b)(1) that State agencies that have been approved to administer the Program must enter
into a written agreement with FNS for the administration of the Program in the State (this is
known as the Federal/State agreement). USDA estimates that the 55 State agencies will be
required to enter into a Program agreement annually, and that it takes approximately 1 hour to
complete this requirement, which is estimated to add 55 annual burden hours and responses into
the inventory.
USDA expects that 55 State agencies will be required to fulfill the requirement at 7 CFR
292.3(e) that if the State has designated partnering agencies to provide support services to the
Program, State agencies designated as the Summer EBT Coordinating Agency in their State must
enter into a written agreement with partnering Summer EBT agencies that defines the roles and
responsibilities of each (known as an inter-agency agreement). USDA expects that 55 State
agencies will be required to enter into an inter-agency agreement annually, and that it takes
approximately 1 hour to complete this requirement, which is estimated to add 55 annual burden
hours and responses into the inventory.
USDA estimates that 55 State agencies will be required to fulfill the requirement at 7 CFR
292.3(f)(2) that the State agency may submit a request for a waiver under paragraph (f)(1) of this
section. USDA estimates that the 55 State agencies will submit a request for a waiver annually
Page 19 of 37

and that it takes approximately 1 hour to complete this requirement, which is estimated to add
55 annual burden hours and responses to the inventory.
USDA expects that 55 State agencies will be required to fulfill the requirement at 7 CFR
292.3(f)(3) that State agencies may submit a request to waive specific statutory or regulatory
requirements on behalf of eligible service providers that operate in the State. USDA expects that
the 55 State agencies will submit a waiver request on behalf of 757 eligible service providers
annually and that it takes approximately 1 hour to complete this requirement, which is estimated
to add 41,635 annual burden hours and responses to the inventory.
USDA estimates that 55 State agencies will be required to fulfill the requirement at 7 CFR
292.3(f)(4) that State agencies must review any waiver request submitted by an eligible service
provider and promptly forward approved requests to the appropriate FNSRO. USDA estimates
that the 55 State agencies will review 757 waiver requests annually and that it takes
approximately 1 hour to complete this requirement, which is estimated to add 41,635 annual
burden hours and responses to the inventory.
USDA expects that 55 State agencies will be required to fulfill the requirement at 7 CFR
292.3(f)(4)(v) that the State agency must notify the requesting eligible service provider that the
request is denied and state the reason for denying the request in writing within 30 calendar days
of the receipt of the request. USDA expects that the 55 State agencies will notify 757 eligible
service providers annually and that it takes approximately 1 hour to complete this requirement,
which is estimated to add 41,635 annual burden hours and responses to the inventory.
USDA estimates that 102 Indian Tribal Organizations will be required to fulfill the requirement
at 7 CFR 292.3(h)(3) that Indian Tribal Organizations must provide compelling justification for
the waiver request in terms of how the waiver will improve the efficiency and effectiveness of
the administration of the Program. USDA estimates that the 102 Indian Tribal Organizations will
provide justification for a waiver request annually and that it takes approximately 1 hour to
complete this requirement, which is estimated to add 102 annual burden hours and responses to
the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.8(a) that State and Indian Tribal Organization Summer EBT agencies must, by August
15th of each fiscal year, submit to the appropriate FNS Regional Office (FNSRO) of its intent to
administer the Summer EBT Program. USDA expects that the 157 Summer EBT agencies will
be required to submit its intent to administer the Program annually and that it takes
approximately 5 minutes (0.08 hours) to complete this requirement, which is estimated to add
13 annual burden hours and 157 responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.8(a) that, for 2024, State and Indian Tribal Organization Summer EBT agencies must
submit to the FNSRO its intent to administer the Summer EBT Program by January 1st, 2024.
USDA estimates that the 157 Summer EBT agencies will be required to submit its intent to
operate the Program annually and that it takes approximately 5 minutes (0,08 hours) to complete
this requirement, which is estimated to add 13 annual burden hours and 157 responses to the
inventory.
Page 20 of 37

USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.8(a) that, for 2024, State and Indian Tribal Organization Summer EBT agencies must
submit an interim Plan for Operations and Management that must include the programmatic
information required in §292.8(e) and (f). USDA expects that the 157 Summer EBT agencies
will submit an interim Plan for Operations and Management annually and that it takes
approximately 4 hours to complete this requirement, which is estimated to add 628 annual
burden hours and 157 responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.8(b)(1) that, no later than February 15th of each year, the State and Indian Tribal
Organization Summer EBT agencies must submit to the FNSRO a final Plan for Operations and
Management that addresses all the requirements of §292.8(e) and (f), for the Summer EBT
Program for that fiscal year if the State has elected to participate in the Program. USDA
estimates that the 157 Summer EBT agencies must submit a final Plan for Operations and
Management annually and that it takes approximately 4 hours to complete this requirement;
which is estimated to add 628 annual burden hours and 157 responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.8(d) that State and Indian Tribal Organization Summer EBT agencies may amend an
interim or final Plan for Operations and Management to reflect changes and must submit the
amendments to USDA for approval. USDA expects that the 157 Summer EBT agencies will
submit an amendment annually and that it takes approximately 2 hours to complete this
requirement, which is estimated to add 314 annual burden hours and 157 responses to the
inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.8(e) that State and Indian Tribal Organization Summer EBT agencies must include
their final Plan for Operation and Management, which includes all of the required agreements,
plans, procedures, and other documentation. USDA estimates that the 157 Summer EBT
agencies will include the required documents as a part of their final Plan for Operations and
Management annually and that it takes approximately 4 hours to complete this requirement,
which is estimated to add 628 annual burden hours and 157 responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.8(e)(3) that State and Indian Tribal Organization Summer EBT agencies must submit
an administrative budget on behalf of the entire Program as part of the Plan for Operations and
Management, using the FNS-366A Form. USDA expects that the 157 Summer EBT agencies
will submit an FNS-366a form annually, and that it takes approximately 12 hours and 49 minutes
(12.82 hours) to complete this requirement, which is estimated to add 2,012 annual burden hours
and 157 responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.8(e)(3) that State and Indian Tribal Organization Summer EBT agencies must submit
an amended expenditure plan should administrative fund needs change. USDA estimates that the
157 Summer EBT agencies will submit amendments annually and that it takes approximately 2
hours to complete this requirement, which is estimated to add 314 annual burden hours and 157
responses to the inventory.
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USDA estimates that 102 Indian Tribal Organizations will be required to fulfill the requirement
at 7 CFR 292.8(f) that Indian Tribal Organization Summer EBT agencies must also include the
required plans, descriptions, lists, and other documentation as part of their final Plan for
Operations and Management. USDA estimates that the 102 Indian Tribal Organizations will
submit the required information annually and that it takes approximately 4 hours to complete this
requirement, which is estimated to add 408 annual burden hours and 102 responses to the
inventory.
USDA expects that 55 State agencies will be required to fulfill the requirement at 7 CFR
292.9(b) that State agencies and Indian Tribal Organizations serving the same geographic areas
must enter into a written agreement to ensure the coordination of Summer EBT program
services. USDA expects that the 55 State agencies will enter into approximately 1.85 agreements
with an ITO annually and that it takes approximately 1 hour to complete this requirement, which
is estimated to add 102 burden hours and responses to the inventory.
USDA estimates that 102 Indian Tribal Organizations will be required to fulfill the requirement
at 7 CFR 292.9(b) that State agencies and Indian Tribal Organizations serving the same
geographic areas must enter into a written agreement to ensure the coordination of Summer EBT
program services. USDA estimates that the 102 Indian Tribal Organizations will enter into
approximately 0.54 agreements with the State agency annually and that it takes approximately 1
hour to complete this requirement, which is estimated to 55 burden hours and responses to the
inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.10(a) that State and Indian Tribal Organization Summer EBT agencies must establish,
and update annually as needed, a plan to coordinate the statewide availability of services offered
through the Summer Food Service Program (SFSP) and Summer EBT Program. USDA expects
that the 157 Summer EBT agencies will establish and update a coordinated services plan
annually and that it takes approximately 5 hours to complete this requirement, which is estimated
to add 785 burden hours and 157 responses to the inventory.
USDA estimates that 55 State Summer EBT agencies will be required to fulfill the requirement
at 7 CFR 292.11(b) that State Summer EBT agencies must acquire Information Systems (IS)
equipment or services to be utilized in an EBT system and adhere to the ADP process. USDA
estimates that the 55 State Summer EBT agencies will be required to acquire IS equipment or
services annually and that it takes approximately 10 hours to complete this requirement.
Furthermore, USDA estimates that the 55 State Summer EBT agencies will face a total of
$73,317,942 in start-up costs and $25,760,358 in ongoing operation and maintenance costs
related to this requirement. USDA estimates that this will add 550 annual burden hours, 55
responses, and $99,078,300 in total costs to the inventory.
USDA expects that 55 State Summer EBT agencies will be required to fulfill the requirement at
7 CFR 292.11(b)(4)(i) that State Summer EBT agencies must submit a new Planning APD,
Implementation APD, and Testing documents to FNS for approval of IS projects. USDA expects
that the 55 State Summer EBT agencies will be required to submit a new Planning APD,
Implementation APD, and Testing documents to FNS annually and that it takes approximately 10

Page 22 of 37

hours to complete this requirement, which is estimated to add 550 annual burden hours and 55
responses to the inventory.
USDA estimates that 55 State Summer EBT agencies will be required to fulfill the requirement
at 7 CFR 292.11(b)(4)(ii) that State Summer EBT agencies must submit an Annual APD to FNS
60 days prior to the expiration of the Federal Financial Participation (FFP) approval for the
initial implementation of Summer EBT and subsequent significant project changes. USDA
estimates that the 55 State Summer EBT agencies will be required to submit annual Planning
APD to FNS annually and that it takes approximately 2 hours to complete this requirement,
which is estimated to add 110 annual burden hours and 55 responses to the inventory.
USDA expects that 55 State Summer EBT agencies will be required to fulfill the requirement at
7 CFR 292.11(g) that State Summer EBT agencies must execute service agreements when IS
services are to be provided by a State central IT facility or another State or local agency. USDA
expects that the 55 State Summer EBT agencies will be required to execute a service agreement
annually and that it takes approximately 1 hour to complete this requirement, which is estimated
to add 55 annual burden hours and responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.11(q)(2) that State and Indian Tribal Organization Summer EBT agencies must
implement and maintain a comprehensive Security Program for IS and installations involved in
the administration of Summer EBT. USDA estimates that the 157 Summer EBT agencies will be
required to implement and maintain a comprehensive Security Program annually and that it takes
approximately 10 hours to complete this requirement, which is estimated to add 1,570 annual
burden hours and 157 responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.11(q)(3) that State and Indian Tribal Organization Summer State agencies must
establish and maintain a program for conducting periodic risk analysis to ensure that appropriate,
cost-effective safeguards are incorporated into the new and existing system. USDA expects that
the 157 Summer EBT agencies will be required to establish and maintain a program for
conducting periodic risk analysis annually and that it takes approximately 10 hours to complete
this requirement, which is estimated to add 1,570 annual burden hours and 157 responses to the
inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirements at 7
CFR 292.11(q)(4) that State and Indian Tribal Organization Summer EBT agencies must review
the security of IS involved in the administration of Summer EBT on a biennial basis. USDA
estimates that the 157 Summer EBT agencies will be required to review the security of IS
systems twice annually and that it takes approximately 2 hours to complete this requirement,
which is estimated to add 628 annual burden hours and 314 responses to the inventory.
USDA expects that 102 Indian Tribal Organization Summer EBT agencies will be required to
fulfill the requirement at 7 CFR 292.11(r) that Indian Tribal Organization Summer EBT agencies
must acquire IS equipment or services to be utilized in an EBT system and adhere to the ADP
process. USDA expects that the 102 Indian Tribal Organization Summer EBT agencies will
acquire IS equipment or services annually and that it takes approximately 10 hours to complete
Page 23 of 37

this requirement. Furthermore, USDA estimates that the 102 Indian Tribal Organization Summer
EBT agencies will face a total of $136,018,290 in start-up costs and $47,790,210 in ongoing
operation and maintenance costs to complete the requirement. USDA estimates that this
requirement adds 1,020 annual burden hours, 102 responses, and $183,808,500 in total costs to
the inventory.
USDA expects that 102 Indian Tribal Organization Summer EBT agencies will be required to
fulfill the requirement at 7 CFR 292.11(s)(1) that ITO Summer EBT agencies must follow the
Department APD requirements and submit Planning and Implementation APDs and appropriate
updates. USDA expects that the 102 ITO EBT Coordinating agencies will submit Planning and
Implementation APDs annually and that it takes approximately 10 hours to complete this
requirement, which is estimated to add 1,020 burden hours and 102 responses to the inventory.
USDA estimates that 102 Indian Tribal Organization Summer EBT agencies will be required to
follow the requirements at 7 CFR 292.11(s)(3) that Indian Tribal Organization Summer EBT
agencies must submit EBT project status reports annually as a part of the State plan. USDA
estimates that the 102 State Summer EBT agencies will submit a EBT project status report
annually and that it takes approximately 2 hours to complete this requirement, which is estimated
to add 204 burden hours and 102 responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.12(b)(1) that Summer EBT agencies must establish procedures to ensure correct
eligibility determinations. USDA expects that the 157 State and Indian Tribal Organization
Summer EBT agencies will each develop a process to determine eligibility annually and that it
takes approximately 10 hours to complete this reporting requirement, which is estimated to add
1,570 annual burden hours and 157 responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.12(b)(2) that State and Indian Tribal Organization Summer EBT agencies must
establish procedures that allow households to provide updated contact information for the
purpose of receiving Summer EBT benefits. USDA estimates that the 157 Summer EBT
agencies will each develop a process to update contact information annually and that it takes
approximately 10 hours to complete this requirement, which is estimated to add 1,570 annual
burden hours and 157 responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.12(b)(3) that State and Indian Tribal Organization Summer EBT agencies must
establish procedures that allow eligible households to opt out of participation in the Program.
USDA estimates that the 157 State and Summer EBT agencies must establish procedures
annually and that it takes approximately 10 hours to complete this requirement, which is
estimated to add 1,570 annual burden hours and 157 responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.12(c) that State and Indian Tribal Organization Summer EBT agencies must establish
and maintain a State/ITO wide database of all children in NSLP/SBP participating schools within
the State or ITO service area for the purposes of enrolling children for Summer EBT benefits and
preventing duplicate benefit issuance. USDA expects that the 157 Summer EBT agencies will
Page 24 of 37

establish and maintain a State/ITO wide database annually and that it takes approximately 10
hours to complete this requirement. Furthermore, USDA estimates that the 157 State and Indian
Tribal Organization Summer EBT agencies will face a total of $207,325,800 in start-up costs and
$72,755,100 in ongoing operation and maintenance costs for this requirement. USDA estimates
that a total of 1,570 annual burden hours, 157 responses, and $280,080,900 in costs will be added
to the inventory.
USDA estimates that 102 Indian Tribal Organization Summer EBT agencies will be required to
fulfill the requirement at 7 CFR 292.12(c) that Indian Tribal Organization Summer EBT agencies
may submit for USDA approval alternate plans to enroll children for Summer EBT benefits and
detect and prevent duplicate benefit issuance, if an ITO determines that establishing and
maintaining a database is not feasible or is unnecessary. USDA estimates that the 102 Indian
Tribal Organization Summer EBT agencies will submit for approval an alternate plan annually
and that it takes approximately 10 hours to complete this requirement, which is estimated to add
1,020 annual burden hours and 102 responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.12(d) that Summer EBT agencies must use streamlined certification to automatically
enroll, without further application, each eligible child without regard to whether the child has
been matched against an NSLP/SBP enrollment list. USDA expects that the 157 Summer EBT
agencies will each automatically enroll 66,304 eligible children annually and that it takes
approximately 5 minutes (0.08 hours) to complete this requirement; which is estimated to add
869,212 annual burden hours and 10,409,726 responses to the inventory.
USDA estimates that 102 Indian Tribal Organization Summer EBT agencies will be required to
fulfill the requirement at 7 CFR 292.12(d)(4) that Indian Tribal Organization Summer EBT
agencies may submit for USDA approval alternate plans to efficiently enroll children with
minimal burden for households if it determines that any element of automatic enrollment with
Streamlined Certification is not feasible or is unnecessary. USDA estimates that the 102 Indian
Tribal Organization Summer EBT agencies will submit an alternate plan annually and that it
takes approximately 10 hours to complete this requirement, which is estimated to add 1,020
annual burden hours and 102 responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.12(e) that State and Indian Tribal Organization Summer EBT agencies must make an
application available to children who attend NSLP/SBP participating schools not already
identified through streamlined certification and enroll them after matching against the statewide
eligibility database. USDA estimates that the 157 Summer EBT agencies will each enroll 91,185
eligible children annually and that it takes approximately 5 minutes (0.08 hours) to complete this
requirement, which is estimated to add 1,195,387 annual burden hours and 14,316,012 responses
to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.12(e)(2) that State and Indian Tribal Organization Summer EBT agencies must match
children on applications submitted directly to a Summer EBT agency against the statewide
eligibility database, as required in Section 292.12(c) prior to benefit issuance. USDA expects that
the 157 Summer EBT agencies will each match 91,185 eligible children annually and that it
Page 25 of 37

takes approximately 5 minutes (0.08 hours) to complete this requirement, which is estimated to
add 1,195,387 annual burden hours and 14,316,012 responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.12(f)(1) that State and Indian Tribal Organization Summer EBT agencies must notify
the household that filed an income application of their children’s eligibility within 15 operating
days of receiving the application from the household. USDA estimates that the 157 Summer
EBT agencies will send 91,185 notifications annually and that it takes approximately 1 minute
(0.02 hours) to complete this requirement, which is estimated to add 239,077 annual burden
hours and 14,316,012 responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.12(f)(2) that State and Indian Tribal Organization Summer EBT agencies must notify
households that their children are eligible for Summer EBT and that no application is required.
USDA estimates that the 157 Summer EBT agencies will each notify 66,304 eligible households
annually and that it takes approximately 1 minute (0.02 hours) to complete this requirement,
which is estimated to add 173,842 annual burden hours and 10,409,726 responses to the
inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.12(g) that State and Indian Tribal Organization Summer EBT agencies must notify
households that submitted an incomplete application or does not meet the eligibility requirements
for Summer EBT benefits that their application has been denied, the reason for the denial, the
notification of the right to appeal, instructions on how to appeal, and a statement reminding
households that they may reapply for benefits at any time. USDA estimates that the 157 Summer
EBT agencies will each notify 4,559 households annually and that it takes approximately 1
minute (0.02 hours) to complete this requirement; which is estimated to add 11,954 annual
burden hours and 715,801 responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.12(h) that State and Indian Tribal Organization Summer EBT agencies must receive a
request for an appeal by households that submitted a denied application and promptly schedule a
fair hearing upon request. USDA expects that the 157 Summer EBT agencies will each receive
4,559 requests annually and that it takes approximately 5 minutes (0.08 hours) to complete this
requirement, which is estimated to add 59,769 annual burden hours and 715,801 responses to the
inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.12(h) that State and Indian Tribal Organization Summer EBT agencies must provide a
conference to a household upon request to provide the opportunity for the household to discuss
the situation, present information, and obtain an explanation of the data submitted in the
application or the decision rendered. USDA estimates that the 157 Summer EBT agencies will
provide 4,559 conferences annually and that it takes approximately 1 hour to complete this
requirement, which is estimated to add 715,801 annual burden hours and responses to the
inventory.

Page 26 of 37

USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.13(a) that, by 2025, State and Indian Tribal Organization Summer EBT agencies must
develop a Summer EBT application to make available to households whose children attend
NSLP/SBP participating schools, and who do not already have an individual eligibility
determination. USDA expects that the 157 Summer EBT agencies will each develop an
application annually and that it takes approximately 10 hours to complete this requirement,
which is estimated to add 1,570 annual burden hours and 157 responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.13(h) that State and Indian Tribal Organization Summer EBT agencies may establish a
system for executing household applications electronically and using electronic signatures.
USDA estimates that the 157 Summer EBT agencies will establish a system for executing
household applications electronically annually and that it takes approximately 10 hours to
complete this requirement. Furthermore, USDA estimates that the 157 State and Indian Tribal
Organization Summer EBT agencies will face a total of $207,325,800 in start-up costs and
$72,755,100 in ongoing operation and maintenance costs to complete the requirement. USDA
estimates that this requirement adds a total of 1,570 annual burden hours, 157 responses, and
$280,080,900 in total costs to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement 7 CFR
292.14(a)(1) that State and Indian Tribal Organization Summer EBT agencies must verify
questionable applications, on a case-by-case basis. USDA expects that the 157 Summer EBT
agencies will verify 531 applications and that it takes approximately 1 hour to complete this
requirement, which is estimated to add 83,311 burden hours and responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.14(a)(2) that State and Indian Tribal Organization Summer EBT agencies may verify
an application for cause at any time during the instructional year or summer operational period,
but verification must be completed within 30 days of receipt of the application. USDA estimates
that the 157 Summer EBT agencies will verify 531 applications for cause and that it takes
approximately 1 hour to complete this requirement; which is estimated to add 83,311 burden
hours and responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.14(a)(3) that State and Indian Tribal Organization Summer EBT agencies must verify
eligibility of children in a sample of household Summer EBT applications approved for benefits
for the summer. USDA estimates that the 157 Summer EBT agencies will sample 3,011
applications and that it takes approximately 1 hour to complete this requirement, which is
estimated to add 472,766 burden hours and responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.14(f)(2) that State and Indian Tribal Organization Summer EBT agencies must provide
written notification to households that their application has been selected for verification. USDA
estimates that the 157 Summer EBT agencies will each notify 531 households annually and that
it takes approximately 1 minute (0.02 hours) to complete this requirement, which is estimated to
add 1,391 annual burden hours and 83,311 responses to the inventory.

Page 27 of 37

USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.14(f)(6) that State and Indian Tribal Organization Summer EBT agencies must make at
least two attempts, at least one week apart, to contact any household that does not respond to a
verification request. USDA expects that the 157 Summer EBT agencies will make 1,134
attempts to follow-up on verification requests annually and that it takes approximately 2 hours to
complete this requirement, which is estimated to add 356,076 annual burden hours and 178,038
responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.14(f)(7) that State and Indian Tribal Organizations Summer EBT agencies must
provide written notification to households of any reduction or termination of benefits as a result
of verification. USDA expects that the 157 Summer EBT agencies will each notify 531
households annually and that it takes approximately 1 minute (0.02 hours) to complete this
requirement, which is estimated to add 1,391 annual burden hours and 83,311 responses to the
inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.15(c)(1)(i) that State and ITO Summer EBT agencies are responsible for the timely and
accurate issuance of benefits to certified eligible children. USDA expects that the 157 Summer
EBT agencies will issue benefits to 157,489 eligible children annually and that it takes
approximately 1 minute (0.02 hours) to complete this requirement, which is estimated to add
412,920 annual burden hours and 24,725,737 responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.15(f)(2)(ii) that State and Indian Tribal Organization Summer EBT agencies must
establish an availability date for household access to their benefits and inform households of this
date. USDA estimates that the 157 Summer EBT agencies will establish an availability date
annually and that it takes approximately 1 hour to complete this requirement, which is estimated
to add 157 annual burden hours and responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.15(g)(1) that State and Indian Tribal Organization Summer EBT agencies provide
written training materials to each household prior to or at Summer EBT issuance. USDA expects
that the 157 Summer EBT agencies will issue training materials to 157,489 households annually
and that it takes approximately 5 minutes (0.08 hours) to complete this requirement, which is
estimated to add 2,064,599 annual burden hours and 24,725,737 responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.15(g)(4) that State and Indian Tribal Organization Summer EBT agencies must provide
replacement EBT cards available for pickup or place the card in the mail within two businesses
days following notification by the household to the State agency that the card has been lost,
stolen, or damaged and report issuance. USDA estimates that the 157 Summer EBT agencies will
issue replacement benefits to 40 households annually and that it takes approximately 1 minute
(0.02 hours) to complete this requirement, which is estimated to add 104 annual burden hours
and 6,227 responses to the inventory.

Page 28 of 37

USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.15(g)(5) that State and Indian Tribal Organization Summer EBT agencies must provide
replacement EBT benefits to households whose benefits were stolen or who lost Summer EBT
benefits as a result of a natural disaster. USDA expects that the 157 Summer EBT agencies will
issue replacement benefits to 40 households annually and that it takes approximately 1 minute
(0.02 hours) to complete this requirement, which is estimated to add 104 annual burden hours
and 6,227 responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.15(h)(1)(ii) that Summer EBT agencies must provide notice, no less than 30 calendar
days before benefit expungement is expected to begin, to households that their Summer EBT
benefits are approaching expungement due to nonuse/inactivity. USDA estimates that the 157
Summer EBT agencies will notify 11,812 households annually and that it takes approximately 1
minute (0.02 hours) to complete this requirement, which is estimated to add 30,969 annual
burden hours and 1,854,430 responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.15(h)(2) that State and Indian Tribal Organization Summer EBT agencies must
establish procedures to permit the appropriate managers to adjust Summer EBT benefits that
have already been posted to an EBT account prior to the household accessing the account, or to
remove benefits from inactive accounts for expungement. USDA expects that the 157 Summer
EBT agencies establish procedures annually and that it takes approximately 10 hours to complete
this requirement, which is estimated to add 1,570 annual burden hours and 157 responses to the
inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.15(h)(2)(ii) that State and Indian Tribal Organization Summer EBT agencies must
produce issuance reports that reflect the adjustment made to the Summer EBT agency issuance
totals to comply with the reporting requirements in §292.23. USDA estimates that the 157
Summer EBT agencies will produce 11,812 issuance reports annually and that it takes
approximately 5 minutes (0.08 hours) to complete this requirement, which is estimated to add
154,845 annual burden hours and 1,854,430 responses to the inventory.
USDA estimates that 55 State agencies will be required to fulfill the requirement at 7 CFR
292.16(a) that State agencies must establish issuance and accountability systems as defined in
§274.1. USDA estimates that the 55 State agencies will establish issuance and accountability
systems annually and that it takes approximately 10 hours to complete this requirement, which is
estimated to add 550 annual burden hours and 55 responses to the inventory.
USDA expects that the Commonwealth of Puerto Rico will be required to fulfill the requirement
at 7 CFR 292.18 that the Commonwealth of Puerto Rico is authorized to establish issuance and
accountability systems which ensure that only certified eligible households receive Summer EBT
benefits. USDA expects that the Commonwealth of Puerto Rico will establish issuance and
accountability systems annually and that it takes approximately 10 hours to complete this
requirement, which is estimated to add 10 annual burden hours and 1 response to the collection.

Page 29 of 37

USDA estimates that 102 ITOs will be required to fulfill the requirement at 7 CFR 292.19(c) that
ITOs must create a system that ensures effective vendor integrity in accordance to specification.
USDA estimates that the 102 ITOs will establish a system annually and that it takes
approximately 10 hours to complete this requirement, which is estimated to add 1,020 annual
burden hours and 102 responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.21(b)(4) that State and Indian Tribal Organization Summer EBT Agencies must
provide for effective control and accountability by the Summer EBT agency for all Program
funds, property, and other assets acquired with Program funds. USDA expects that the 157
Summer EBT agencies will provide for effective control and accountability for all Program
funds, property, and other assets annually and that it takes approximately 4 hours to complete
this requirement, which is estimated to add 628 annual burden hours and 157 responses to the
inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.21(b)(5) that State and Indian Tribal Organization Summer EBT agencies must
complete an Automated Standard Application for Payment (ASAP) setup form so that FNS may
set up a Letter of Credit by which Summer EBT funds will be made available. USDA estimates
that the 157 Summer EBT agencies will each submit an ASAP form annually and that it takes
approximately 4 hours to complete this requirement, which is estimated to add 628 annual
burden hours and 157 responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.21(b)(6) that State and Indian Tribal Organization Summer EBT agencies must provide
for controls which minimize the time between the receipt of Federal Funds from the United
States Treasury and their disbursement for Program costs. USDA expects that the 157 Summer
EBT agencies will provide controls annually and that it takes 10 hours to complete this
requirement, which is estimated to add 1,570 annual burden hours and 157 responses to the
inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.21(b)(7) that State and Indian Tribal Organization Summer EBT agencies must provide
for procedures to determine the reasonableness, allowability, and allocability of costs in
accordance with the applicable provisions prescribed in 2 CFR part 200, subpart D, and USDA
implementing regulations 2 CFR part 400 and part 415. USDA estimates that the 157 Summer
EBT agencies will provide for procedures annually and that it takes approximately 10 hours to
complete this requirement, which is estimated to add 1,570 annual burden hours and 157
responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.21(b)(9) that the State and Indian Tribal Organization Summer EBT agencies must
provide for an audit trail including identification of time periods, initial and summary accounts,
cost determination and allocation procedures, cost centers or other accounting procedures to
support any costs claimed for Program administration. USDA expects that the 157 Summer EBT
agencies will provide for an audit trail annually and that it takes approximately 10 hours to

Page 30 of 37

complete this requirement, which is estimated to add of 1,570 annual burden hours and 157
responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.22 that State and Indian Tribal Organization Summer EBT agencies must monitor and
document compliance with Performance Standards I - IV. USDA estimates that the 157 Summer
EBT agencies will document 3 compliance reviews and that it takes approximately 10 hours to
complete this requirement, which is estimated to add 4,160 annual burden hours and 416
responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.23(d) that, for Summer EBT Administrative Grants, State and Indian Tribal
Organizations Summer EBT agencies will be required to submit an expenditure plan by August
15th, prior to the beginning of each fiscal year. USDA expects that the 157 Summer EBT
agencies will submit an expenditure plan annually and that it takes 1 hour to complete this
requirement, which is estimated to add 157 annual burden hours and responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.23(e) that State Administrative Grant expenditures will be reported to FNS quarterly on
a Summer EBT financial status report, using the FNS-778 Federal Financial Form. USDA
estimates that the 157 Summer EBT agencies will report 4 Summer EBT financial status reports
and that it takes 1 hour to complete this requirement, which is estimated to add 628 annual
burden hours and responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.23(f) that State and Indian Tribal Organization Summer EBT agencies must report
participation and issuance on a monthly basis using the FNS-388 Form. USDA expects that the
157 Summer EBT agencies will submit 12 FNS-388 forms annually and that it takes
approximately 1 hour to complete this requirement, which is estimated to add 1,884 annual
burden hours and responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.24(a) that State and Indian Tribal Organization Summer EBT agencies shall arrange for
audits of their own operations to be conducted in accordance with 2 CFR part 200, subpart F and
USDA implementing regulations 2 CFR part 400 and part 415. USDA expects that the 157
Summer EBT agencies will conduct an audit of their own operations and that it takes
approximately 4 hours to complete this requirement, which is estimated to add 628 annual
burden hours and 157 responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.24(b) that State and Indian Tribal Organization Summer EBT agencies shall provide
FNS with the full opportunity to conduct management evaluations and financial management
reviews of all operations of the SA or ITO. USDA estimates that the 157 Summer EBT agencies
will conduct an audit of their own operations annually and that it takes approximately 4 hours to
complete this requirement, which is estimated to add 628 annual burden hours and 157 responses
to the inventory.

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USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.25 that State and Indian Tribal Organization Summer EBT agencies shall promptly
investigate complaints received or irregularities noted in connection with the operation of the
Program, and shall take appropriate action to correct any irregularities. USDA expects that the
157 Summer EBT agencies will review 121 complaints received or irregularities noted in
connection with the operation of the Program annually and that it takes 4 hours to complete this
requirement, which is estimated to add 75,700 annual burden hours and 18,925 responses to the
inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.26(a) that State and Indian Tribal Organization Summer EBT agencies must establish a
fair hearing procedure that is applicable to the State or ITO program as a whole. USDA expects
that the 157 Summer EBT agencies will establish a process annually and that it takes
approximately 10 hours to complete this requirement, which is estimated to add 1,570 annual
burden hours and 157 responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.26(b) that State and Indian Tribal Organization Summer EBT agencies must produce
oral or documentary evidence for a requested hearing. USDA expects that the 157 Summer EBT
agencies will produce oral or documentary evidence for 4,559 hearings and that it takes
approximately 4 hours to complete this requirement, which is estimated to add 2,863,202 annual
burden hours and 715,801 responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.26(b)(9) that a hearing official must transmit written notification to the Summer EBT
agency and the household of the hearing official’s decision. USDA expects that the 157 Summer
EBT agencies will notify 4,559 households and that it takes approximately 5 minutes (0.08
hours) to complete this requirement, which is estimated to add 59,769 annual burden hours and
715,801 responses to the inventory.
Local Government Agencies
The changes proposed in this rule will establish a new reporting requirement, as required by
statute, for the local government agencies.
USDA estimates that 757 local government agencies will be required to fulfill the requirement at
7 CFR 292.3(f)(4) that eligible service providers may submit a request for a waiver under
paragraph (f)(1) of this section in accordance with section 12(l) and the provisions of this part.
USDA estimates that the 757 local government agencies will submit a waiver request annually
and that it takes approximately 1 hour to complete this requirement, which is estimated to add
757 annual burden hours and responses to the inventory.
Businesses (Summer EBT Authorized Retailers)
The changes proposed in this rule will establish new reporting requirements, as required by
statute, for the Summer EBT Authorized Retailers.

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USDA estimates that 247,636 Summer EBT Authorized Retailers will be required to fulfill the
requirement at 7 CFR 292.17(a) that firms shall submit claims in accordance to the standards for
determination and disposition of claims described at §278.7. USDA estimates that the 247,636
Summer EBT Authorized Retailers will submit a claim monthly (12 claims annually) and that it
takes approximately 5 minutes (0.08 hours) to complete this requirement, which is estimated to
add 248,131 annual burden hours and 2,971,632 responses to the inventory.
USDA expects that 9,552 Summer EBT Authorized Retailers will be required to fulfill the
requirement at 7 CFR 292.17(e) that firms aggrieved by administrative action may request an
administrative review of the administrative action with FNS. USDA expects that the 9,552
Summer EBT Authorized Retailers will submit a request annually and that it takes approximately
5 minutes (0.08 hours) to complete this requirement, which is estimated to add 798 annual
burden hours and 9,552 responses to the inventory.
Households
The changes proposed in this rule will establish new reporting requirements, as required by
statute, for households.
USDA estimates that 14,316,012 households will be required to fulfill the requirement at 7 CFR
292.12(f)(1) that households not directly certified must submit an income application to
determine eligibility for Summer EBT benefits. USDA estimates that the 14,316,012 households
will submit an application annually and that it takes approximately 1 hour to complete this
requirement, which is estimated to add 14,316,012 annual burden hours and responses to the
inventory.
USDA expects that 2,132,112 households will be required to fulfill the requirement at 7 CFR
292.12(f)(3) that households must notify the appropriate Summer EBT agency that they decline
their Summer EBT benefits. USDA expects that the 2,132,112 households will notify the
Summer EBT agency annually and that it takes approximately 5 minutes (0.08 hours) to
complete this requirement; which is estimated to add 178,031 annual burden hours and 2,132,112
responses to the inventory.
USDA estimates that 715,801 households will be required to fulfill the requirement at 7 CFR
292.12(h) that households that received a notice of denial may seek an appeal in accordance to
the procedures established by the Summer EBT agency or LEA. USDA estimates that the
715,801 households will submit a request for appeal annually and that it takes approximately 1
hour to complete this requirement; which is estimated to add 715,801 annual burden hours and
responses to the inventory.
USDA expects that 715,801 households will be required to fulfill the requirement at 7 CFR
292.12(h) that households can request and participate for a conference to provide the opportunity
for the household to discuss the situation, present information, and obtain an explanation of the
data submitted in the application or the decision rendered. USDA expects that the 715, 801
households will request and participate in a conference annually and that it takes approximately 2
hours to complete this requirement, which is estimated to add 1,431,601 annual burden hours and
715,801 responses to the inventory.
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USDA estimates that 83,311 households will be required to fulfill the requirement at 7 CFR
292.14(f) that households selected and notified of their selection for verification must provide
documentation of income or evidence of SNAP, FDPIR, or TANF participation. USDA
estimates that the 83,311 households will notify the Summer EBT agency annually and that it
takes approximately 2 hours to complete this requirement; which is estimated to add 166,623
annual burden hours and 83,311 responses to the inventory.
USDA expects that 83,311 households will be required to fulfill the requirement at 7 CFR
292.14(f)(6) that households must respond to a follow-up attempt at verification by the Summer
EBT agency. USDA expects that the 83,311 households will participate in a follow-up meeting
annually and that it takes approximately 2 hours to complete this requirement, which is estimated
to add 166,623 annual burden hours and 83,311 responses to the inventory.
USDA estimates that 57,874 households will be required to fulfill the requirement at 7 CFR
292.26(a) that households can request for an appeal from a decision made with respect to the
application the family has made for Summer EBT benefits. USDA estimates that the 57,874
households will request for an appeal annually and that it takes approximately 5 minutes (0.08
hours) to complete this requirement, which is estimated to add 4,833 annual burden hours and
57,874 responses to the inventory.
USDA expects that 57,874 households will be required to fulfill the requirement at 7 CFR
292.26(b)(5) that households may present oral or documentary evidence and arguments that
support their position. USDA expects that the 57,874 households will present oral or
documentary evidence and arguments before a hearing official annually and that it takes
approximately 4 hours to complete this requirement, which is estimated to add 231,497 annual
burden hours and 57,874 responses to the inventory.
Recordkeeping
State/Local/Tribal Governments
The changes proposed in this rule will establish new recordkeeping requirements, as required by
statute, State agencies and the Summer EBT agencies.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.12(c) that State and Indian Tribal Organization Summer EBT agencies must establish
and maintain a statewide database of eligible children that attend NLSP/SBP participating
schools for the purposes of conducting streamlined certification. USDA estimates that the 157
Summer EBT agencies will maintain records of 157,489 eligible children and that it takes
approximately 5 minutes (0.08 hours) to complete the requirement, which is estimated to add
2,064,599 annual burden hours and 24,725,737 responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.12(f)(3) that State and Indian Tribal Organization Summer EBT agencies must
document and maintain a record or any notification from a household declining Summer EBT
benefits. USDA expects that the 157 Summer EBT agencies will each maintain 32,257 records
annually and that it takes approximately 5 minutes (0.08 hours) to complete this requirement;
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which is estimated to add a total of 422,870 annual burden hours and 5,064,308 responses to the
inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.12(g) that State and Indian Tribal Organization Summer EBT agencies must document
and maintain a record of the reasons for an ineligibility determination for a written application.
USDA expects that the 157 Summer EBT agencies will each maintain 4,559 records annually
and that it takes approximately 5 minutes (0.08 hours) to complete this requirement, which is
estimated to add 59,769 annual burden hours and 715,801 responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.15(h)(2)(i) that State and Indian Tribal Organization Summer EBT agencies must
document the date and amount of benefits in the household case file whenever benefits are
expunged. USDA expects that the 157 Summer EBT agencies will each document the date and
amount of 145,677 records annually and that it takes approximately 5 minutes (0.08 hours) to
complete this requirement, which is estimated to add 1,909,754 annual burden hours and
22,871,307 responses to the inventory.
USDA expects that 55 Summer agencies will be required to fulfill the requirement at 7 CFR
292.16(h) that State and Indian Tribal Organization Summer EBT agencies must maintain
issuance, inventory, reconciliation, and other accountability records as described in §274.5.
USDA expects that the 55 State agencies will each maintain 12 records annually and that it takes
approximately 5 minutes (0.08 hours) to complete this requirement, which is estimated to add 55
annual burden hours and 660 responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.20(h) that State and Indian Tribal Organization Summer EBT agencies must maintain
Program records as necessary to support the administrative costs claimed and the reports
submitted to FNS under this paragraph and ensure that such records are retained for a period of 3
years. USDA estimates that the 157 Summer EBT agencies will each maintain a record of
administrative costs claimed and that it takes approximately 5 minutes (0.08 hours) to complete
this requirement, which is estimated to add 13 annual burden hours and 157 responses to the
inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.22 that State and Indian Tribal Organization Summer EBT agencies must monitor and
document the performance standards listed in this paragraph. USDA expects that the 157
Summer EBT agencies will each maintain 1 record annually and that it takes approximately 5
minutes (0.08 hours) to complete this requirement, which is estimated to add 13 annual burden
hours and 157 responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.23(b) that State and Indian Tribal Organization Summer EBT agencies must retain
records substantiating eligibility determinations on file for at least 3 years after the date of the
submission of the final financial reports or until the audit findings have been resolved. USDA
estimates that the 157 Summer EBT agencies will each maintain 157,489 records annually and

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that it takes approximately 5 minutes (0.08 hours) to complete this requirement, which is
estimated to add 2,064,599 annual burden hours and 24,725,737 responses to the inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.25 that State and Indian Tribal Organizations Summer EBT agencies shall maintain on
file all evidence relating to such investigations and corrective action procedures. USDA expects
that the 157 Summer EBT agencies will each maintain 121 records annually and that it takes
approximately 5 minutes (0.08 hours) to complete this requirement, which is estimated to add
1,580 annual burden hours and 18,925 responses to the inventory.
USDA estimates that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.26(b)(11) that State and Indian Tribal Organization Summer EBT agencies shall
preserve a written record of each hearing for a period of 3 years. USDA estimates that the 157
Summer EBT agencies will each maintain 4,559 records annually and that it takes approximately
5 minutes (0.08 hours) to complete this requirement, which is estimated to add 59,769 annual
burden hours and 715,801 responses to the inventory.
Businesses (Summer EBT Authorized Retailers)
The changes proposed in this rule will establish a new recordkeeping requirement, as required by
statute, for the Summer EBT Authorized Retailers.
USDA expects that 2,428 Summer EBT Authorized Retailers will be required to fulfill the
requirement at 7 CFR 292.19(c)(3) that retail food stores and wholesale food concerns shall
submit claims in accordance to the standards for determination and disposition of claims
described in §246.12. USDA expects that 2,428 firms will retain 12 records of submitted claims
and that it takes approximately 5 minutes (0.08 hours) to complete this requirement, which is
estimated to add 2,433 annual burden hours and 29,134 responses to the inventory.
Public Disclosure
The changes in this rule will establish new public disclosure requirements, as required by statute,
for the Summer EBT agencies.
State/Local/Tribal Governments
USDA estimates 157 Summer EBT agencies will be required to fulfill the requirement at 7 CFR
292.10(d) that State and Indian Tribal Organization Summer EBT agencies must make their
coordinated service plans available to the public through a website, or through similar means.
USDA estimates that the 157 Summer EBT agencies will each make their coordinated service
plans available to the public annually and that it takes 15 minutes (0.25 hours) to complete the
requirement, which is estimated to add 39 annual burden hours and 157 responses to the
inventory.
USDA expects that 157 Summer EBT agencies will be required to fulfill the requirement at 7
CFR 292.12(a)(1) that State and Indian Tribal Organization Summer EBT agencies shall inform
participant and applicant households of their Program rights and responsibilities and that the
materials meet the requirements. USDA expects that the 157 Summer EBT agencies will each
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publicly disclose to 157,489 households annually and that it takes approximately 1 minute (0.02
hours) to complete the requirement, which is estimated to add 412,920 annual burden hours and
24,725,737 responses to the inventory.
As a result of the proposals outlined in this rulemaking, FNS estimates that this new information
collection will have 16,696,674 respondents, 246,393,631 responses, and 35,748,275 burden
hours. The average burden per response and the annual burden hours are explained below and
summarized in the charts which follow. Once the ICR for the final rule is approved, FNS
estimates that the burden for Summer Electronic Benefits Transfer (Summer EBT) Program will
increase OMB’s information collection inventory by 246,393,631 responses and 35,748,275
burden hours.
For S-EBT, given the wide variation in information system development and maintenance costs
across State and ITO Summer EBT agencies, USDA estimates a total program cost of
$282,886,800 to acquire IS technology and perform system upgrades annually for the Advanced
Planning Document (ADP) process described in this interim final rule ICR. Likewise, USDA
estimates a total program cost of $280,080,900 to acquire and develop statewide NSLP/SBP
databases per State and ITO Summer EBT agency and an additional cost of $280,080,900 to
develop and maintain a system that is capable of processing electronic applications for S-EBT.
Therefore, as a result of the proposals outlined in this final rule, USDA estimates that this
collection is expected to have $628,260,000 in start-up costs related to system upgrades, and an
additional $220,740,000 in ongoing operation and maintenance costs. USDA estimates that a
total of $849,000,000 in combined start-up costs and ongoing operation and maintenance costs
will be added to the inventory.
Next Steps
Prior to the expiration of this requested Emergency clearance, FNS will submit revisions to two
existing OMB-approved information collections and will submit a new Information Collection
Request (ICR) addressing the information collections for topics not addressed in any existing
OMB approved ICRs. Prior to these submissions, FNS will take into account: 1) any public
comment received on the PRA section of the applicable rule to be published; and 2) any
feedback from the field on implementation of the new rule during the first 60 days of
implementation. On an ongoing basis, FNS will continue to incorporate feedback on these
collections to inform future revisions.
We appreciate OMB’s consideration of this Emergency Request.

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