Federal Register, Volume 62 Issue 24 (Wednesday, February 5, 1997)

[Federal Register Volume 62, Number 24 (Wednesday, February 5, 1997)]
[Notices]
[Pages 5380-5384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2832]

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Notices
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.

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Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 /
Notices

[[Page 5380]]

DEPARTMENT OF AGRICULTURE

Food and Consumer Service

Agency Information Collection Activities; Proposed Collection;
Comment Request; Model Food Stamp Forms, Periodic Reporting, Notice of
Late/Incomplete Report, etc.

AGENCY: Food and Consumer Service, USDA.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this
notice invites the general public and other public agencies to comment
on proposed information collections. The information collection
requirements described below are limited to that which is necessary to
comply with Sections 3, 5, 6, 11 and 13 of the Food Stamp Act of 1977,
governing the application, certification, and ongoing eligibility of
food stamp households.

DATES: Written comments must be submitted on or before April 7, 1997.

ADDRESSES: Comments may be sent to Judith M. Seymour, Chief,
Certification Policy Branch, Program Development Division, Food and
Consumer Service, U.S. Department of Agriculture, 3101 Park Center
Drive, Alexandria, VA 22302. Comments are invited on: (a) Whether the
proposed collection of information is necessary for the proper
performance of the functions of the agency, including whether the
information has practical utility; (b) the accuracy of the agency's
estimate of the burden of the proposed collection of information,
including the validity of the methodology and assumptions used; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and, (d) ways to minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology.
All responses to this notice will be summarized and included in the
request for OMB approval. All comments will also become a matter of
public record.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the pertinent forms should be directed to Judith M. Seymour
(703) 305-2494.

SUPPLEMENTARY INFORMATION:

Title: Model Food Stamp Forms, Periodic Reporting, Notice of Late
Incomplete Reports, etc.
OMB Number: 0584-0064.
Form Numbers: FCS-385, 386, 387, 394, 396, 437, 439, 441, 442.
Expiration Date: 04/30/97.
Type of Request: Extension of a currently approved information
collection.
Abstract: Title 7 CFR Part 273 of the Food Stamp Program (Program)
regulations sets forth the requirements for food stamp household
application, certification, and continued eligibility for food stamp
benefits.
Ending use of FCS-designed certification related forms. Section 835
of Pub. L. 104-193, the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, amended section 11(e)(2) of the Food Stamp
Act of 1977 (the Act), 7 U.S.C. 2020(e)(2), to revoke the mandate that
the Food and Consumer Service (FCS) develop a model application form
which States are required to use. Prior to this amendment, FCS approval
was required for use of a State-designed deviation from the model
application form. Section 11(e)(2)(B)(ii) of the Act now makes State
agencies responsible for developing an application for participation
requiring information necessary to comply with the certification
provisions of the Act. In the past, FCS undertook the task of
developing and updating several forms relating to certification of
Program applications and distributed them to State agencies. States had
the option of using these forms or developing their own as long as they
met the requirements described in the Program regulations. Because FCS
is no longer responsible for designing uniform certification forms,
include a model application form, FCS is proposing to discontinue all
the FCS model certification forms. State agencies are expected to
design their own forms to document the certification activities
described in the regulations. The information collection, reporting, or
recordkeeping burden associated with each application/certification
action remains in effect and will continue to be reported to OMB.
In addition, while this notice addresses the proposed burden
associated with extending OMB approval of all line items currently
covered under OMB No. 0584-0064, we intend to separate the burden
described and submit two separate information collection packages to
OMB for approval. One package will include only application and
certification related burden as described in items 1 through 11 below
and will be entitled ``Application and Certification of Food Stamp
Program Households.'' The remaining burden (items 12 through 14) will
be submitted to OMB for approval separately in order to capture burden
associated with all fraud related activities under one separate and
distinct OMB approval number. The FCS model notices associated with
these fraud activities will also be discontinued. State agencies will
design their own notices.
The estimated burden hours associated with Program applications is
derived from using a base figure of 18,300,000 which is the average
number of applications received each year based on data obtained from
the FCS-366B report submitted by State agencies to FCS. The 18,300,000
estimated figure includes both those applications which are approved
for participation and those that are rejected. Thus, the actual number
of application forms filed will always exceed the number of households
actually participating in the program.
The actual number of households currently receiving food stamps is
approximately 10,900,000 (hereafter referred to as the caseload) as
reported by the FCS-388 report. This figure is used in computing burden
associated with participating households. This figure is also the basis
for determining burden imposed on local agency staff who deal with
households on a daily basis. Due to a lack of data on the number of
local staff and/or the number of food stamp cases each staff person
handles in a given year. FCS assumes

[[Page 5381]]

there is one local agency worker per applicant/participating household.
Proposed estimated information collection and recordkeeping burden
hours associated with burden approved under OMB No. 0584-0064 are
outlined below and adjusted to reflect recent data:
(1) Application burden. State agencies must design an application
which contains the information necessary to comply with the eligibility
requirements of the Act. Households must complete an application in
order to obtain benefits. The number of burden hours assumes that all
applicants will complete the entire application because no data is
available on the number of households that complete only part of the
application. Number of respondents is equal to the number of initial
and recertification applications received annually as reported by State
agencies on form FNS-366B, Program Activity Statement. The data
assumes, on average, that each applicant will file either one initial
or one recertification application yearly. Household burden to complete
an application is estimated to be 13.274 minutes (or .2290 hours).
(2) Calculating food stamp eligibility through use of a worksheet.
An application worksheet is used by eligibility workers to make income
and resource eligibility determinations and calculate benefit levels
for households. A worksheet will be used with 80% (14,640,000) of all
applications received; 25% (2,289,000) of all change in circumstances
report forms received (as discussed below); and 16% (3,348,480) of all
monthly report forms received (as discussed below). Based on these
estimates, the total average number of worksheets processed annually is
estimated to be 20,277,480. Average time to complete a worksheet is
estimated at 27.837 minutes (or .4640 hours).
(3) Monthly reporting burden. State agencies have the option to
require certain households to report information on a monthly basis.
These households must complete a monthly report form, designed by the
State agency, in order to meet the monthly reporting requirements. The
estimated number of households who submit monthly reports is 16% of the
total number of households participating in the Program (1,744,000).
This amount is multiplied by 12 months to determine the total number of
monthly reports. Burden to complete this form is estimated to be 9.702
minutes (or .1617 hours) per form.
(4) Explaining monthly reporting to households. Where State
agencies have opted for monthly reporting, the process must be
explained to affected households. Eligibility workers will explain the
monthly reporting process at least once to 16% of the total number of
households participating in the Program (1,744,000). Explaining monthly
reporting is estimated to be a burden of 4.998 minutes (or .0833 hours)
per household.
(5) Households reporting changes in circumstances. Households not
required to monthly report, including those subject to less frequent
periodic reporting, must report certain changes in household
circumstances as they occur anything during the certification period.
It is estimated that one change report form will be submitted annually
by non-monthly reporting households which represents about 84% of the
total caseload (9,156,000). Estimated time to complete this form is
9.703 minutes (or .1617 hours).
(6) Notice to monthly reporting households of late/incomplete
monthly reports. Monthly households must be given additional time to
file a late report or to provide missing information or verification.
It is estimated that 5% (1,046,400) of the monthly reports expected to
be received (10,928,000) will be late or incomplete resulting in the
use of such a notice. Reporting burden is estimated to be 6.69 minutes
(or .1115 hours) per notice.
(7) Informing households about action taken on their food stamp
case. Each household that submits an initial application or a re-
application must receive notification of the action taken by the State
agency. The notice contains one of three actions: notice of
eligibility, denial notice, or notice of pending status. Estimates are
based on the need to provide this notice to 18,300,000 households
annually. It is estimated that it takes a caseworker 6.69 minutes (or
.1115 hours) to prepare this form.
(8) Notifying households of the expiration of their certification
periods. Households must be provided with a notice of expiration
regarding the certification process and the need to reapply for
benefits. It is estimated that 10% of the caseload (those certified for
less than 6 months) will submit two re-applications a year; 24% of the
caseload (those certified for six months) will submit one re-
application; and 66% of the caseload (those certified for more than six
months) will submit either an application for recertification or an
initial application. Only half (3,598,500) of the households certified
for more than six months will be applying for recertification.
Eligibility workers will generate notices of expiration an average of
.745 times per household, for a total of 8,120,500 (10,900,000 x .745).
The estimated preparation time for this form is 4.998 minutes (or .0833
hours) per form.
(9) Informing households about a reduction in their food stamps.
Non-monthly reporting households which submit a change in circumstances
report form must receive a written notice of any action to reduce or
terminate benefits in advance of the date the action will become
effective. It is estimated that 50% of change reports received will
result in reduction or termination of benefits which require
eligibility workers to provide this notice. On average, caseworkers
will generate 4,578,000 of these notices annually with a preparation
time of 9.96 minutes (or .1666 hours) for each notice.
(10) Adequate notice to monthly reporting households. Monthly
reporting households must receive written notice that their benefits
will be or have been increased, reduced or terminated. It is estimated
that 30% of the monthly reports (6,083,244) received by caseworkers
will result in an increase, a reduction or a termination of benefits.
The remaining 70% of monthly reports have no change in benefits, so no
notice is necessary. It is estimated that it takes caseworkers 6.69
minutes (or .1115 hours) to prepare this notice.
(11) Sponsored aliens. Recently enacted legislation has affected
the food stamp eligibility of ``sponsored aliens,'' that is, aliens
lawfully admitted for permanent residence in the United States. Section
421 of Pub. L. 104-193 requires that all of an alien sponsor's income
and resources and all the sponsor's spouse's income and resources be
attributed to the alien until he becomes a U.S. citizen or has worked
40 qualifying quarters for any period beginning after December 31,
1996. In addition, Section 421 requires that the alien not have
received any Federal means-tested public benefit during this period in
order to be eligible to begin receiving a Federal means-tested public
benefit such as food stamps. At the same time, various other sections
of P.L. 104-193 establish new participation requirements for aliens in
general and more restrictive conditions for alien immigrants in
particular. For Food Stamp Program purposes, during the period that
P.L. 104-193 requires the attribution of the sponsor's income, any
sponsored alien without 40 qualifying quarters would already be
ineligible for food stamps pursuant to Section 6(f) of the Act, 7
U.S.C. Sec. 2015(F). However, Section 510 of Pub. L. 104-208 requires
State agencies to recertify currently participating alien households
during the period April 1, 1997 to August 22, 1997. Information
obtained from the Immigration and Naturalization Service

[[Page 5382]]

by FCS showed that approximately 100,000 aliens were approved each year
as lawful permanent residents. Of the 100,000 aliens approved for
lawful permanent residence each year, it is assumed that 5% will
actually apply for food stamps at least once during any given year. The
potential number of annual responses is estimated to be 5,000. Burden
is estimated to be 30 minutes (or .5000 hours) per response.
(12) Demand Letter for Overissuance. State agencies are required to
establish a claim and send a demand letter for repayment when food
stamp benefits are overissued either as a result of a household error,
State agency error, or an intentional Program violation. A demand
letter is used for this purpose. Based on data reporting the number of
new claims established for FY 1995 (form FCS-209), State agencies
generated demand letters for about .07 percent of the caseload. On
average, 7.698 minutes (or .1283 hrs.) is required to compose a demand
letter.
(130 Advance Notice of Administrative Disqualification Hearing.
Household members suspected of committing an intentional Program
violation must be provided with advance notice of a State agency's
intent to disqualify them from participation in the Program which,
among other things, announces the date of disqualification hearing, the
charge against the household, summarizes the evidence, and explains the
consequences of a guilty finding by the hearing officials. Based on
reports of the number of disqualification hearings held in FY 1995
(form FCS-336B), State agencies generate this notice for about .004
percent of the caseload at a rate of 15 minutes (or .2500 hrs.) per
notice.
(14) Action Taken on Administrative Disqualification Hearing.
Household members subject to an administrative disqualification hearing
must receive written notice of a guilty or not guilty finding by the
hearing official. The notice also explains, among other things, the
reason for the decision and the date program disqualification, if
appropriate, will take effect. Data contained in the FCS-366B report
indicates that, State agencies generate this notice for .002 percent of
the caseload annually at a rate of 9.996 minutes (or .1666 hrs.) per
notice.

Recordkeeping Burden

Case records: Local agencies are required to maintain client case
records for three years and to perform duplicate participation checks
on individual household members to reduce the possibility of duplicate
participation. The burden estimates for casefile maintenance are based
on an estimated number of casefiles, the number of records in the
casefiles and assumes one recordkeeper per State (53 State welfare
agencies). Using this methodology, average burden per recordkeeper is
estimated to be 685,466.038 hours (36,329,700 hours/53 recordkeepers).
Monitoring Duplicate Participation: The estimated annual
recordkeeping burden to perform duplicate participation checks is based
on the average number of persons (2.442) in each food stamp household.
The estimated number of applications is 18,300,000. The estimated
average number of persons who must be checked is 44,688,600
(18,300,000 x 2.442). Burden is estimated to be 15 seconds or (or.0042
hours) per eligibility worker, which results in an estimated annual
recordkeeping burden of hours of 187,692.120 (44,688,600 x .0042). The
average burden hours per recordkeeper is estimated to be 9,947,682.360
(187,692.120 hours x 53 recordkeepers).
Affected Public: State and local governments; potential program
applicants and currently participating households.
Estimated Number of Respondents: 18,305,000.
Estimated Number of Responses per Respondent: 5.9461573.
Estimated Total Annual Burden on Respondents: 22,681.621 hours.

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Average Annual burden hours
Annual Annual burden per (Calculations may not
number of frequency response be exact due to
respondents (hours) rounding)
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7 CFR 273.1, 273.3, 273.5, 273.6, 273.7 Food Stamp Application

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Existing........................................ 18,700,000 1.00 .2290 4,282,923
Proposed........................................ 18,300,000 1.00 .2290 4,191,310
Difference.................................. ........... ........... ........... -992,223

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7 CFR 273.2, 273.10, 273.11 Application Worksheet

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Existing........................................ 11,100,000 1.798 .4640 9,258,122
Proposed........................................ 10,900,000 1.793 .4640 9,067,903
Difference.................................. ........... ........... ........... -19,022

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7 CFR 273.12, 273.21 Monthly Reporting

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Existing........................................ 11,100,000 1.920 .1617 3,446,150
Proposed........................................ 10,900,000 1.920 .1617 3,384,058
Difference.................................. ........... ........... ........... -62,093

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7 CFR 273.12, 273.12 Explaining Monthly Reporting to Households

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Existing........................................ 11,100,000 .160 .0833 147,941
Proposed........................................ 10,900,000 .160 .0833 145,275
Difference.................................. ........... ........... ........... -2,666

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[[Page 5383]]

7 CFR 273.21 Notice of Late/Incomplete Report to Monthly Reporting Households

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Existing........................................ 11,100,000 .096 .1115 118,816
Proposed........................................ 10,900,000 .096 .1115 116,674
Difference.................................. ........... ........... ........... -2,141

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7 CFR 273.2 Informing Households about Action Taken on Food Stamp Case

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Existing........................................ 18,700,000 1.00 .1115 2,085,050
Proposed........................................ 18,300,000 1.00 .1115 2,040,450
Difference.................................. ........... ........... ........... -44,600

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7 CFR 273.2 Notifying Household that Certification Period Will End

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Existing........................................ 11,100,000 .745 .0833 688,849
Proposed........................................ 10,900,000 .745 .0833 676,438
Difference.................................. ........... ........... ........... -12,412

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7 CFR 273.12, 273.21 Households Reporting Changes

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Existing........................................ 11,100,000 .840 .1617 1,507,691
Proposed........................................ 10,900,000 .840 .1617 1,480,525
Difference.................................. ........... ........... ........... -21,166

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7 CFR 273.13 Notifying Household about a Reduction in Food Stamps

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Existing........................................ 11,100,000 .420 .1666 776,689
Proposed........................................ 10,900,000 .420 .1666 762,695
Difference.................................. ........... ........... ........... -13,994

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7 CFR 273.21 Adequate Notice to Monthly Reporting Households

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Existing........................................ 11,100,000 .576 .1115 712,886
Proposed........................................ 10,900,000 .576 .1115 700,042
Difference.................................. ........... ........... ........... -12,844

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7 CFR 273.11 Sponsored Aliens

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7 CFR 273.18 Demand Letter for Overissuance

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Existing........................................ 11,100,000 .069 .1283 98,880
Proposed........................................ 10,900,000 .071 .1283 99,291
Difference.................................. ........... ........... ........... +557

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7 CFR 273.17 Advance Notice of Administrative Disqualification Hearing

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Existing........................................ 11,100,000 .004 .2500 11,095
Proposed........................................ 10,900,000 .004 .2500 11,163
Difference.................................. ........... ........... ........... +68

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7 CFR 273.16 Action Taken on Administrative Disqualification Hearing

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Existing........................................ 11,100,000 .002 .1666 4,234
Proposed........................................ 10,900,000 .002 .1666 2,724
Difference.................................. ........... ........... ........... -1,510
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[[Page 5384]]

Dated: January 27, 1997.
William E. Ludwig,
Adminstrator, Food and Consumer Service.
[FR Doc. 97-2832 Filed 2-4-97; 8:45 am]
BILLING CODE 3410-30-M