[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Notices]
[Pages 10740-10741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3750]



[[Page 10740]]

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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Agency Information Collection Activities: Proposed Collection; 
Comment Request--Food Stamp Program Repayment Demand and Program 
Disqualification

AGENCY: Food and Nutrition 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. This Notice of Proposed 
Information Collection announces the intent of the Food and Nutrition 
Service (FNS) to request a revision for the information collection 
requirements associated with initiating collection actions against 
households who have received an overissuance in the Food Stamp Program. 
In addition, this Notice announces FNS' intent to request a revision of 
OMB approval for the information collection requirements associated 
with intentional Program violation determinations.

DATES: Written comments must be submitted on or before April 28, 2008 
to be assured consideration.

ADDRESSES: Send comments to Jane Duffield, Chief, State Administration 
Branch, Food and Nutrition Service, USDA, 3101 Park Center Drive, Room 
822, Alexandria, Virginia 22302.
    Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), 
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 approval of the information collection. 
All comments will become a matter of public record.

FOR FURTHER INFORMATION CONTACT: For initiating collection action, 
contact Dawn Washington at (703) 305-2450. For Intentional Program 
Violation (IPV) determination, contact Greg Fortine at (703) 305-2401.

SUPPLEMENTARY INFORMATION: 
    Title: Food Stamp Program Repayment Demand and Program 
Disqualification.
    OMB Number: 0584-0492.
    Form Number: None.
    Expiration Date: April 30, 2008.
    Type of Request: Revision of a currently approved collection.
    Abstract: Section 13(b) of the Food Stamp Act of 1977, as amended 
(7 U.S.C. 2022(b)), and Food Stamp Program (FSP) regulations at 7 CFR 
273.18 require State agencies to initiate collection action against 
households that have been overissued benefits. To initiate collection 
action, State agencies must provide an affected household with written 
notification informing the household of the claim and demanding 
repayment. This process is automated in most State agencies. For 
initiating collection action on an overissuance, we are decreasing the 
estimated annual reporting and recordkeeping burden for State agencies 
and households from 166,329 hours to 135,393. The reason for the 
decrease is to reflect the lower number of claims that were established 
in fiscal year (FY) 2006.
    Note that for recipient claims, this Federal Register Notice only 
covers the reporting and recordkeeping burden for initiating collection 
action. The burden associated with reporting collections and other 
claims management information on the FNS-209 report is covered under 
currently approved OMB number 0584-0069. The burden associated with 
referring delinquent claims and receiving collections through the 
Treasury Offset Program is covered under currently approved OMB number 
0584-0446.
    FSP regulations at 7 CFR 273.16 require State agencies to 
investigate any case of suspected fraud and, where applicable, make an 
intentional program violation (IPV) determination either 
administratively or judicially. Notifications and activity involved in 
the IPV process include:
     The State agency providing written notification informing 
an individual suspected of committing an IPV of an impending 
administrative disqualification hearing or court action.
     An individual opting to accept the disqualification and 
waiving the right to an administrative disqualification hearing or 
court action by signing either a waiver to an administrative 
disqualification hearing or a disqualification consent agreement in 
cases of deferred adjudication.
     Once a determination is made regarding an IPV, the State 
agency sends notification to the affected individual of the action 
taken on the administrative disqualification hearing or court decision.
    Despite an increase in FSP participation, IPV activity has 
experienced a decline. Therefore, we are decreasing the State agency 
and household annual reporting and recordkeeping burden for the 
activities related to IPV disqualifications from 38,435 hours to 11,045 
hours.
    One of the factors used by a State agency to determine the 
appropriate disqualification penalty to assign to an individual is 
whether or not the individual was found to have committed any prior 
IPVs. The way that State agencies determine this is by accessing and 
checking the Electronic Disqualified Recipient Subsystem (eDRS). eDRS 
is an automated system developed by FNS that contains records of 
disqualifications in every State. State agencies are responsible for 
updating the system and checking it to determine the appropriate length 
of each disqualification. An estimate of the annual burden associated 
with the eDRS process reflects a decrease from 7,418 to 5,563 hours per 
year.

Summary of Estimated Burden

    The net aggregate change from the existing to the proposed annual 
burden for this collection is a reduction of 30,936 hours, from the 
currently approved burden of 166,329 hours. For initiating collection 
action on an overissuance, we are decreasing the estimated annual 
burden for State agencies and households from 142,510 hours to 118,786 
hours to reflect the lower number of claims established in FY 2006. The 
IPV-related State agency and household annual burden, has decreased 
from 16,401 hours to 11,044 hours to reflect the lower number of 
disqualifications. An estimate of the annual burden associated with the 
eDRS process reflects a total decrease from 7,418 to 5,563 hours per 
year. Adjustments have been made to the burden to include requirements 
not previously identified, burden identified incorrectly, and 
corrections made in the calculations of the number of responses and 
hours per response.
    Affected Public: State and local government, and food stamp 
households.
    Estimated Number of Respondents: 556,053.

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    Number of Responses per Respondent: 2.53.
    Total Number of Annual Responses: 1,404,718.
    Estimated Time per Response: 0.09.
    Estimated Total Annual Burden: 135,393.

    Dated: February 22, 2008.
Roberto Salazar,
Administrator, Food and Nutrition Service.
 [FR Doc. E8-3750 Filed 2-27-08; 8:45 am]
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