Child and Adult Care Food Program (CACFP) and Summer Food Service Program (SFSP) National Disqualified List

Forms and Documents

Document Name	Status
Form FNS-843 State Agencies - CACFP and SFSP Form	Modified
NDL_ICR_Supporting_Statement_MB Final.docx Supporting Statement A	2024-12-18
Attachment_F_7_CFR_part_226.pdf Supplementary Document	2024-10-29
Attachment_B_Healthy_Hunger_Free_Kids_Act.pdf Supplementary Document	2024-10-29
Attachment_A_Richard B. Russell National School Lunch Act.pdf Supplementary Document	2024-10-29

IC Document Collections

IC ID	Document Title	Status
206841	State Agencies - CACFP and SFSP Form	Modified

ICR Details

OMB Control No: 0584-0584	ICR Reference No: 202410-0584-006
Status: Received in OIRA	Previous ICR Reference No: 202307-0584-006
Agency/Subagency: USDA/FNS	Agency Tracking No: Proposed Serious Deficiency Rule (AE83)
Title: Child and Adult Care Food Program (CACFP) and Summer Food Service Program (SFSP) National Disqualified List
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 02/21/2025

	Requested	Previously Approved
Expiration Date	09/30/2026	09/30/2026
Responses	2,045	1,568
Time Burden (Hours)	1,023	784
Cost Burden (Dollars)	0	0

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Abstract: This submission is in support of a proposed rule, "Serious Deficiency Process in the Child and Adult Care Food Program and Summer Food Service Program (RIN 0584-AE83)." The proposed rule is adding reporting requirements to the National Disqualified List to account for the extension of the serious deficiency process to the SFSP. The new reporting requirements will include information on disqualified institutions and individual who are declared seriously deficient in SFSP to prevent their participation under other Programs or States. The title of this collection has also been updated to include the Summer Food Service Program since the proposed rule is extending the use of the National Disqualified List to this collection as well. The previous submission was an extension without change of a previously approved collection for which approval is expiring for maintaining the Child and Adult Care Food Program (CACFP) National Disqualified List (NDL) of institutions, day care home providers, and individuals that have been terminated or otherwise disqualified from CACFP participation.

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Authorizing Statute(s): PL: Pub.L. 106 - 224 243(c) Name of Law: Agricultural Risk Protection Act of 2000
   US Code: 42 USC 1766(d)(5)(E)(i) and (ii) Name of Law: Richard B. Russell National School Lunch Act (NSLA)
   PL: Pub.L. 111 - 296 3307 Name of Law: Healthy, Hunger-Free Kids Act of 2010
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0584-AE83	Proposed rulemaking	89 FR 13150	02/21/2024

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 13150	02/21/2024
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
State Agencies - CACFP and SFSP	FNS-843, FNS-844	Report of Disqualification from Participation: Institution and Responsible Principals/Individuals ,   Report of Disqualification from Participation: Individually Disqualified Responsible Principal/Individual or Day Care Home Provider

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	2,045	1,568	0	477	0	0
Annual Time Burden (Hours)	1,023	784	0	239	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This collection is currently approved with 56 respondents, 1,568 responses, and 784 burden hours. The proposed rule, "Serious Deficiency Process in the Child and Adult Care Food Program and Summer Food Service Program (RIN 0584-AE83) extends the use of the National Disqualified List, which is currently only used in the Child and Adult Care Food Program, to the Summer Food Service Program as well. The use of the National Disqualified List in the Summer Food Service Program is expected to add 53 respondents, 477 responses, and 239 burden hours to the collection due to a program change. FNS estimates that this proposed rule, if it is adopted as a final rule, will update the total burden for this collection to 2,045 responses, 1,023 burden hours, and 109 respondents.

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Annual Cost to Federal Government: $23,006

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 02/21/2025

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