[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Notices]
[Pages 61778-61779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24784]


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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 Supplemental 
Nutrition Assistance 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, this 
notice invites the general public and other public agencies to comment 
on a proposed information collection. The 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 Supplemental Nutrition Assistance Program.

DATES: Written comments on this notice must be received by December 16, 
2008.

ADDRESSES: 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.
    Comments may be sent to Jane Duffield, Chief, State Administration 
Branch, Supplemental Nutrition Assistance Program, Food and Nutrition 
Service, U.S. Department of Agriculture, 3101 Park Center Drive, Room 
818, Alexandria, VA 22302. Comments may also be submitted via fax to 
the attention of Ms. Duffield at 703-605-0795 or via e-mail to 
[email protected] Comments will also be accepted through the 
Federal eRulemaking Portal. Go to http://www.regulations.gov. and 
follow the online instructions for submitting comments electronically.
    All written comments will be open for public inspection at the 
office of the Food and Nutrition Service during regular business hours 
(8:30 a.m. to 5 p.m. Monday through Friday) at 3101 Park Center Drive, 
Room 818, Alexandria, Virginia 22302.
    All responses to this notice 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: Requests for additional information or 
copies of this information collection should be directed to Jane 
Duffield at (703) 605-4365.

SUPPLEMENTARY INFORMATION:
    Title: Civil Rights Title VI Collection Reports--FNS-191 and FNS-
101.
    OMB Number: 0584-0025.
    Expiration Date: March 2009.
    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.

[[Page 61779]]

    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 Supplemental Nutrition Assistance Program (SNAP) to 
FNS as explained below. FNS' data collection requirement for operators 
is found in the regulations for the CSFP at 7 CFR 247.29(b), and for 
the SNAP at 7 CFR 272.6(g); the requirement for the FDPIR is found in 
FNS Handbook 501.
    On October 1, 2008, the Supplemental Nutrition Assistance Program 
(SNAP) became the new name for the Federal Food Stamp Program. This 
change is mandated under the Food, Conservation and Energy Act of 2008. 
The new name reflects the program's focus on nutrition and putting 
healthy food within reach for low-income households. This program name 
change does not affect the need to continue the information collection 
for the program.
    All State or local agencies must submit the appropriate form in 
order to receive Federal assistance 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. FNS requires local 
agencies to provide annually the actual number and racial/ethnic 
designations of participants who receive CSFP benefits during the month 
of April.
    SNAP 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 household contacts 
who receive FDPIR and/or SNAP benefits in the month of July.

Burden Estimates

    Respondents: Local agencies that administer the CSFP, FDPIR, and 
SNAP.
    Number of Respondents: 2,863 (144 for CSFP, 111 for FDPIR, and 
2,608 for SNAP).
    Estimated Number of Responses per Respondent:
    Form FNS-191: 144 local CSFP agencies once a year.
    Form FNS-101: 111 local FDPIR agencies and 2,608 local SNAP 
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 SNAP agencies submit Form FNS-101 
at an estimate of 1.92 hours per respondent, or 5,220.48 hours. There 
is an additional burden of.08 hours per respondent for maintaining the 
responses, or 217.52 hours. Total burden is 5,438 hours.
    Estimated Total Annual Burden on Respondents: The revised annual 
reporting and recordkeeping burden for OMB No. 0584-0025 is estimated 
to be 5,726 hours, a reduction of 20 hours. The burden reduction is due 
to the decrease in the number of CSFP, FDPIR, and SNAP agencies that 
will complete a report.

    Dated: October 9, 2008.
Roberto Salazar,
Administrator.
 [FR Doc. E8-24784 Filed 10-16-08; 8:45 am]
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