[Federal Register Volume 70, Number 208 (Friday, October 28, 2005)]
[Notices]
[Pages 62090-62091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21630]


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 Notices
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  Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / 
Notices  

[[Page 62090]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Agency Information Collection Activities: Proposed Collection, 
Comment Request--Commodity Supplemental Food Program, the Food 
Distribution Program on Indian Reservations, and the Food Stamp 
Program: Title VI Civil Rights Collection Reports

AGENCY: Food and Nutrition Service, USDA.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Food and Nutrition Service (FNS) is soliciting public comment on a 
proposed information collection. The proposed collection is a revision 
of a collection currently approved under OMB No. 0584-0025, Civil 
Rights Title VI Collection Reports--Forms FNS-191 and FNS-101, for the 
Commodity Supplemental Food Program, the Food Distribution Program on 
Indian Reservations, and the Food Stamp Program.

DATES: Comments on this notice must be received by December 27, 2005.

ADDRESSES: Send comments and requests for copies of this information 
collection to Barbara Hallman, Chief, State Administration Branch, Food 
Stamp Program, Food and Nutrition Service, USDA, 3101 Park Center 
Drive, Alexandria, VA 22302. Copies of the estimate of the information 
collection can be obtained by contacting Ms. Hallman.
    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 will have practical 
utility; (b) the accuracy of the Agency's estimate of the burden of the 
proposed collection of information including the validity of the 
methodology and assumptions 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 comments will be summarized and included in the request for 
Office of Management and Budget (OMB) approval of the information 
collection. All comments will become a matter of public record.

FOR FURTHER INFORMATION CONTACT: Barbara Hallman, telephone number 
(703) 305-2383.

SUPPLEMENTARY INFORMATION:
    Title: Civil Rights Title VI Collection Reports--FNS-191 and FNS-
101.
    OMB Number: 0584-0025.
    Expiration Date: December 2005.
    Type of Request: Revision of a currently approved collection.
    Abstract: Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d 
to 2000d-7, prohibits discrimination on the basis of race, color, and 
national origin in programs receiving Federal financial assistance. 
Department of Justice (DOJ) regulations, 28 CFR 42.406, require all 
Federal agencies to provide for the collection of racial/ethnic data 
and information from applicants for and recipients of Federal 
assistance sufficient to permit effective enforcement of Title VI.
    For purposes of the Information Collection Notice only, the Food 
and Nutrition Service (FNS) employs program terminology in place of the 
standard Title VI terminology adopted by the U.S. Department of 
Agriculture (USDA) and codified at 7 CFR 15.2. Thus, ``State 
agencies,'' ``local agencies,'' and/or ``operators'' are the program 
entities responsible for fulfilling the data collection requirements 
associated with ``primary recipients'' and/or ``recipients'' as defined 
by Title VI. Moreover, the program terms ``respondents,'' 
``applicants,'' and/or ``participants'' refer to the ``potential 
beneficiaries,'' ``applicant beneficiaries,'' and/or ``actual 
beneficiaries'' of Federal financial assistance as defined by Title VI.
    In order to conform with the statutory mandates of Title VI of the 
Civil Rights Act of 1964, DOJ regulations, and USDA regulations on 
nondiscrimination in Federally assisted programs, the USDA's Food and 
Nutrition Service (FNS) requires State agencies to submit data on the 
racial/ethnic categories of persons receiving benefits from FNS food 
assistance programs.
    In all three programs, State and local agencies collect racial/
ethnic information on the benefits application form that applicants may 
complete and file manually or electronically. The application form must 
clearly indicate that the information is voluntary and that the race 
and ethnic information will not affect an applicant's eligibility or 
level of benefits. It must also state that the reason for the 
collection of the information is to assure that program benefits are 
distributed without regard to race, color or national origin. All three 
programs allow the individual to self-identify his or her racial/ethnic 
status on the application. Visual observation by a program 
representative is used to collect the data when the individual does not 
self-identify. In either case the information is recorded on the 
application form and entered into the agency's information system. The 
Federal reporting forms do not identify individual participants.
    Local agencies use the two forms referenced above (i.e., the FNS-
191 and FNS-101) to report data on the Commodity Supplemental Food 
Program (CSFP), the Food Distribution Program on Indian Reservations 
(FDPIR), and the Food Stamp Program (FSP) to FNS as explained below. 
FNS' data collection requirement for operators is found in the 
regulations for the CSFP at 7 CFR part 247.29(b), and for the FSP at 7 
CFR part 272.6(g); the requirement for the FDPIR is found in FNS 
Handbook 501.
    All State or local agencies must submit the appropriate form in 
order to receive benefits and comply with applicable legislation. If a 
State or local agency does not comply voluntarily, the State or local 
agency is subject to fund termination, suspension, or denial, or to 
judicial action.
    CSFP local agencies complete the FNS-191 for the CSFP. FNS requires 
local agencies to provide annually the actual number and racial/ethnic 
designations of women, infants,

[[Page 62091]]

children and elderly who receive CSFP benefits during the month of 
April.
    FSP and FDPIR State, local or Tribal agencies complete the FNS-101. 
FNS requires State, local or Tribal agencies to report annually the 
actual number and racial/ethnic designation of households who receive 
FDPIR and/or FSP benefits in the month of July.
    On October 30, 1997, OMB issued revised standards for the 
classification of Federal data on race and ethnicity in a notice in the 
Federal Register (62 FR 58782). The OMB standards revise the racial and 
ethnic categories and require that respondents be offered the option of 
selecting one or more racial designations. On November 27, 2002, FNS 
published a proposed rule (67 FR 70861) to codify a general requirement 
for the new racial and ethnic data collection and reporting 
requirements and which would implement the new data collection and 
reporting for the FSP. On the same day, FNS published a Notice (67 FR 
70916) on the proposed information collection requirements for CSFP, 
FDPIR, and FSP for public comment. The comment period for both the 
proposed rule and the Notice ended on January 27, 2003. FNS received 
comments on the proposed rule and considered them in writing the final 
rule. A final rule for the FSP is in the final stages of clearance. 
Once the final rule is published, FNS plans to implement the new 
information collection and reporting for all three programs.
    The current OMB approval of this information collection will expire 
on December 31, 2005. FNS had planned to publish the final rule in the 
latter half of 2005. However, the clearance was not completed within 
our expected timeframe. In order to ensure that we remain in compliance 
with the Paperwork Reduction Act, FNS is providing a comment period for 
extending the current information collection for CSFP, FDPIR, and FSP. 
After the final rule has been published, FNS will formally announce the 
effective date(s) for each of the affected programs through 
implementing memoranda as appropriate and will provide copies of the 
revised forms at that time.

Burden Estimate

    Respondents: Local agencies that administer the CSFP, FDPIR, and 
FSP.
    Number of Respondents: 2,867 (144 for CSFP, 110 for FDPIR, and 
2,613 for FSP).
    Estimated Number of Responses per Respondent: Form FNS-191: 144 
local CSFP agencies once a year. Form FNS-101: 110 local FDPIR agencies 
and 2,613 local FSP agencies once a year.
    Estimate of Burden: Form FNS-191: The local CSFP agencies submit 
Form FNS-191 at an estimate of 1.92 hours per respondent, or 276.48 
total hours. There is an additional recordkeeping burden of .08 hours 
per respondent for maintaining the responses, or 11.52 hours. Total 
burden is 288 hours.
    Form FNS-101: The local FDPIR and FSP agencies submit Form FNS-101 
at an estimate of 2.17 hours per respondent, or 5,908.91 hours. There 
is an additional burden of .08 hours per respondent for maintaining the 
responses, or 217.84 hours. Total burden is 6,126.75 hours.
    Estimated Total Annual Burden on Respondents: The revised annual 
reporting and recordkeeping burden for OMB No. 0584-0025 is estimated 
to be 6,414.75 hours, a reduction of 249.25 hours. The burden reduction 
is due to the decrease in the number of CSFP, FDPIR, and FSP agencies 
that will complete a report.

    Dated: October 26, 2005.
George A. Braley,
Associate Administrator.
[FR Doc. 05-21630 Filed 10-27-05; 8:45 am]
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