[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Notices]
[Pages 53786-53790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18850]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
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  Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / 
Notices  

[[Page 53786]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Agency Information Collection Activities: Proposed Collection; 
Comment Request--Supplemental Nutrition Assistance Program Repayment 
Demand and Program Disqualification

AGENCY: Food and Nutrition Service, Agriculture (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 is a revision of currently 
approved information collection requirements associated with initiating 
collection actions against households who have received an overissuance 
in the Supplemental Nutrition Assistance Program (SNAP).

DATES: Written comments must be submitted on or before October 30, 
2020.

ADDRESSES: Comments may be sent to: Maribelle Balbes, Chief, State 
Administration Branch, Food and Nutrition Service, U.S. Department of 
Agriculture, 1320 Braddock Place Alexandria, VA 22314. Comments may 
also be submitted via email to [email protected], or 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 1320 Braddock Place 
Alexandria, Virginia 22314. All responses to this notice will be 
summarized and included in the request for Office of Management and 
Budget approval. All comments will be a matter of public record.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of this information collection should be directed to Evan 
Sieradzki 703-605-3212.

SUPPLEMENTARY INFORMATION: 
    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 shall 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 that were 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 use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    Title: Supplemental Nutrition Assistance Program Repayment Demand 
and Program Disqualification.
    OMB Number: 0584-0492.
    Form Number: None.
    Expiration Date: March 31, 2021.
    Type of Request: Revision of a currently approved collection.
    Abstract: Section 13(b) of the Food and Nutrition Act of 2008, as 
amended (7 U.S.C. 2022(b)), and Supplemental Nutrition Assistance 
Program (SNAP) 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. Note that for overissuance claims, this information 
collection only covers the activities associated with initiating 
collection.
    The burden associated with reporting collections and other claims 
management information on the FNS- 209 form is covered under the Food 
Program Reporting System OMB number 0584- 0594, expiration date 7/31/
2023. The burden associated with referring delinquent claims and 
receiving collections through the Treasury Offset Program is covered 
under currently approved OMB number 0584-0446, expiration date 11/30/
2022.
    SNAP regulations at 7 CFR 273.16(e)(3) 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 activities 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 and returning it to the State agency; and
--Once a determination is made regarding an IPV, the State agency 
sending notification to the affected individual of the action taken on 
the administrative disqualification hearing or court decision.

    SNAP regulations at 7 CFR 273.16 require State agencies to use 
disqualified recipient data to ascertain the correct penalty for IPVs, 
based on prior disqualifications. State agencies determine this by 
accessing and reviewing records located in the Electronic Disqualified 
Recipient System (eDRS). eDRS is an automated system developed by FNS 
that contains records of disqualifications in every State. State 
agencies are also responsible for updating the system, as required at 7 
CFR 237.16, which includes reporting disqualifications in eDRS as they 
occur and updating eDRS when records are no longer accurate, relevant, 
or complete.

Summary of Estimated Burden

    The burden consists of two major components: The initiation of 
overissuance collection and actions associated with IPV determinations. 
The estimated total annual burden for this collection is 135,525.984 
hours (93,348.230 SA reporting hours + 21,431.811 SA record keeping 
hours + 20,745.942 household reporting hours). The net aggregate change 
to this collection is a decrease of 68,061.307

[[Page 53787]]

total burden hours from the currently approved burden of 203,587.291 
hours. The estimated total annual responses for this collection is 
2,033,844.640 responses (728,248.640 SA reporting total annual response 
+ 641,671.000 SA recordkeeping total annual records + 663,925.000 
household reporting total annual responses). The burden hours 
associated with overissuance collection initiation have decreased due 
to a decrease in the amount of claims established in fiscal year (FY) 
2019. The burden hours associated with IPV activity have decreased 
slightly as a result of a decreased number of SNAP households that 
States initiated IPV activity against in FY2019.
    Affected Public: State, Local and Tribal government (SA); 
Individual/Households (I/H).
    Respondent Type: SNAP participants.

SA Reporting Burden

    States have done these activities for many years. Based on prior 
experience in how long these activities take, USDA estimates it will 
take the 53 State SNAP Agencies 8 minutes (0.1336 hours) to issue the 
types of letters and notices described below. The following is a 
summary total of the activities described below.
    Estimated Number of Respondents: 53.
    Estimate Total Number of Responses per Respondent: 13,818.261.
    Estimated Total Annual Responses: 728,248.640.
    Estimated Time per Response: 0.12818.
    Estimated Total Annual Reporting Burden: 93,348.230.

Demand Letter for Overissuance CFR 273.18 (a)(2)

    Based on many years of doing these activities, FNS estimates it 
will take the 53 State SNAP Agencies 8 minutes (0.1336 hours) to issue 
a Demand Letter, and that they will issue 10,562 letters each, for a 
total of 74,787.276 hours. The prior approval included 118,171.338 
hours. The new burden estimate is 43,384.062 hours less than the 
previously approved burden amount due to program adjustments.
    (53 States * 10,562 letters each * 8 minutes (0.1336 hours) = 
74,787.276 hours).
    Prior approval 118,171.338 hours--74,787.276 hours = 43,384.062 
hours less than the currently approved burden amount).

Notice for Hearing or Prosecution 7 CFR 273.16(e)(3)

    FNS estimates that 53 State agencies will issue 807.34 Notices for 
Hearing or Prosecution for a total of 42,789.00 responses. FNS 
estimates it will take approximately 8 minutes (0.1336 hours) to issue 
a Notice for Hearing or Prosecution for an estimated 5,716.61 total 
hours. The previously approved burden was 5,374.728 hours. This 
represents an addition of 341.882 additional hours associated with this 
burden due to program adjustment.
    (53 States * 807.34 responses * 8 minutes (0.1336 hours) = 
5,716.610 hours). Prior approval 5,374.728 hours--5,716.61 hours = 
341.882 hours more than previously approved burden.

Action Taken on Hearing or Court Decision: For IPV Findings 7 CFR 
273.16(e)(9)

    FNS estimates that 53 State agencies will take action on 815.40 
Intentional Program Violation findings for a total of 39,097.00 
responses. FNS estimates that it will take approximately 10 minutes 
(0.167 hours) for a State to take action on a court decision for 
Intentional Program Violation findings for a total of 6,529.199 annual 
burden hours. This represents a change of 1,223.289 fewer hours from 
the previous approved burden of 7,752.488 hours due to program 
adjustments.
    (53 State agencies * 815.4 responses * 10 minutes (0.167 hours) = 
6,529.199 hours). Prior approval 7,752.488 hours--6,529.199 hours = 
1,223.289 hours less than previously approved burden.

Action Taken on Hearing or Court Decision: For No IPV Findings 7 CFR 
273.16(e)(9)

    FNS estimates that 53 State agencies will take action on 69.66 
instances of no Intentional Program Violations as a result of a hearing 
or court decision for a total of 3,692.00 total responses. FNS 
estimates that it will take approximately 5 minutes (0.0835 hours) for 
a State to take action on a hearing or court decision for no 
Intentional Program Violation findings for a total of 308.282 annual 
burden hours. This represents a change of 179.609 additional burden 
hours from the previously approved burden of 128.674 hours due to 
program adjustments.
    (53 State agencies * 69.66 responses * 5 minutes (0.0835 hours) = 
308.282 hours). Prior approval 128.678 hours--308.282 hours = 179.609 
additional burden hours than previously reported.

Electronic Disqualified Recipient System Breakout: For eDRS Reporting 7 
CFR 273.16(i)(2)(i)

    FNS estimates that 53 State agencies will generate reporting from 
their eDRS system 737.68 times for a total of 39,097.00 annual 
responses. FNS estimates that it will take approximately 5 minutes 
(0.0835 hours) for a State to generate reporting from eDRS for a total 
of 3,264.60 burden hours. This represents a change of 1,533.394 fewer 
burden hours from the previously approved burden of 4,797.994 hours due 
to program adjustments.
    (53 State agencies * 737.68 responses * 5 minutes (0.0835 hours) = 
3,264.600 hours). Prior approval of 4,797.994 hours--3,264.600 hours = 
1,533.394 fewer burden hours than previously reported.

Electronic Disqualified Recipient System Breakout: For Editing and 
Resubmission 7 CFR 272.1(f)(3)

    FNS estimates that 53 State agencies will edit and resubmit 
reporting to eDRS system 88.52 times for a total of 4,691.64 annual 
responses. FNS estimates that it will take approximately 10 minutes 
(0.167 hours) for a State to edit and resubmit reporting to eDRS for a 
total of 783.504 burden hours. This represents a change of 365.739 
fewer burden hours from the previously approved 1,149.243 hours due to 
program adjustments.
    (53 State agencies * 88.52 responses * 10 minutes (0.167 hours) = 
783.504 hours). Prior approval of 1,149.243 hours--783.504 = 365.739 
fewer burden hours than previously reported.

Electronic Disqualified Recipient System Breakout: For Penalty Checks 
using Mainframe 7 CFR 273.16(i)(4)

    FNS estimates that 53 State agencies will use eDRS for penalty 
checks using the mainframe 737.68 times for a total of 39,097.00 annual 
responses. FNS estimates that it will take approximately 3 minutes 
(0.0501 hours) for a State to run a penalty check using the mainframe 
for a total of 1,958.760 burden hours. This represents a change of 
20.661 additional burden hours from the previously approved 1,938.099 
hours due to program adjustments.
    (53 State agencies * 737.68 responses * 3 minutes (0.0501 hours) = 
1,958.760 hours). Prior approval of 1,938.099 hours--1,958.76 hours = 
20.661 additional annual burden hours than previously reported.

SA Recordkeeping Burden

    Estimated Number of Recordkeepers: 53.
    Estimated Total Records per Recordkeeper: 12,107.
    Estimated Total Annual Records: 641,671.
    Estimated Average # of Hours per Response: 0.0334.

[[Page 53788]]

    Estimated Total Recordkeeping Hours: 21,431.811

Initiation of Overissuance Collection CFR 272.1(f)

    Based on many years of performing these activities, FNS estimates 
that 53 State agencies will perform recordkeeping for initiating a 
collection action approximately 10,561.98 times for a total of 
559,785.00 annual records. FNS estimates that it will take 
approximately 2 minutes (0.0334 hours) for a State agency to perform 
recordkeeping for initiation of a collection action for a total of 
18,696.819 burden hours. This represents a change of 10,846.015 fewer 
burden hours from the previously approved burden of 29,542.834 hours 
due to program adjustments.
    (53 State agencies * 10,561.98 records * 2 minutes (0.0334 hours) = 
18,696.819 hours). Prior approval of 29,542.834 hours--18,696.819 hours 
= 10,846.015 fewer annual burden hours than previously reported.

IPV Determinations CFR 272.1(f)

    FNS estimates that 53 State agencies will perform recordkeeping for 
Intentional program violations (IPVs) 1,545.02 times for a total of 
81,886.00 annual records. FNS estimates that it will take approximately 
2 minutes (0.0334 hours) for a State agency to update records for IPVs 
for a total of 2,734.992 annual burden hours. This represents a change 
of 162.257 fewer annual burden hours from the previously approved 
burden of 2,897.25 hours due to program adjustments.
    (53 State agencies *1,545.02 records * 2 minutes (0.0334 hours) = 
2,734.992 hours). Prior approval of 2,897.25 hours--2,734.992 = 162.257 
fewer annual burden hours than previously reported.

I/H Reporting Burden

    Estimated Number of Respondents: 559,785.
    Estimated Number of Responses per Respondent: 1.18604.
    Total Number of Annual Responses: 663,925.00.
    Estimated Time per Response: 0.03125
    Estimated Total Annual Reporting Burden: 20,745.942.

Initiation of Overissuance Collection 7 CFR 273.18(a)(2)

    Based on many years of reporting these activities, FNS estimates 
approximately 559,785 respondents will respond 1 time for a demand 
letter for overissuance for a total of 559,785 annual responses. FNS 
estimates that it will take approximately 2 minutes (0.0334 hours) for 
a respondent to respond to a demand letter for a total estimate of 
18,696.819 annual burden hours. This represents a change of 10,846.015 
fewer annual burden hours due to a program adjustment from the 
previously approved burden of 29,542.834 hours.
    (559,785 respondents * 1 response per respondent * 2 minutes 
(0.0334 hours) = 18,696.819 hours). Prior approval of 29,542.834 -
18,696.819 = 10,846.015 fewer annual burden hours than previously 
reported for individuals/households.

Notice for Hearing or Prosecution 7 CFR 273.16(e)(3)

    FNS estimates approximately 42,789 respondents will respond 1 time 
for a notice for hearing or prosecution for a total of 42,789 annual 
responses. FNS estimates that it will take approximately 1 minute 
(0.0167 hours) for a respondent to read a notice for hearing or 
prosecution for a total estimate of 714.065 annual burden hours. This 
represents a change of 14.488 fewer annual burden hours due to a 
program adjustment from the previously approved burden of 729.065 
hours.
    (42,789 respondents * 1 response per respondent * 1 minute (0.0167 
hours) = 714.576 hours). Prior approval of 729.065--714.576 = 14.488 
fewer annual burden hours than previously reported for individuals/
households.

Administrative Disqualification Hearing Waiver 7 CFR 273.16(i)(2)

    FNS estimates approximately 15,664 respondents will respond 1 time 
for an administrative disqualification hearing waiver for a total of 
15,664 annual responses. FNS estimates that it will take approximately 
2 minutes (0.0334 hours) for a respondent to submit an administrative 
disqualification hearing waiver for a total estimate of 523.178 annual 
burden hours. This represents a change of 81.763 fewer annual burden 
hours due to a program adjustment from the previously approved burden 
of 604.941 hours.
    (15,664 respondents * 1 response per respondent * 2 minutes (0.0334 
hours) = 523.178 hours). Prior approval of 604.941--523.178 = 81.763 
fewer burden hours than previously reported for individuals/households.

Disqualification Consent Agreement 7 CFR 273.16(i)(2)

    FNS estimates approximately 2,898 respondents will respond 1 time 
for a disqualification consent agreement for a total of 2,898 annual 
responses. FNS estimates that it will take approximately 2 minutes 
(0.0334 hours) for a respondent to submit a disqualification consent 
agreement for a total estimate of 96.793 annual burden hours. This 
represents a change of 131.963 fewer annual burden hours due to a 
program adjustment from the previously approved burden of 228.757 
hours.
    (2,898 respondents * 1 response per respondent * 2 minutes (0.0334 
hours) = 96.793 hours). Prior approval of 228.757--96.793 = 131.963 
fewer burden hours than previously reported for individuals/households.

Action Taken on Hearing or Court Decision: For IPV Findings 
273.16(e)(9)

    FNS estimates approximately 39,097 respondents will respond 1 time 
for an action taken on hearing or court decision for IPV findings for a 
total of 39,097 annual responses. FNS estimates that it will take 
approximately 1 minute (0.0167 hours) for a respondent to submit an 
action taken on hearing or court decision for IPV findings for a total 
estimate of 652.920 annual burden hours. This represents a change of 
54.361 fewer annual burden hours due to a program adjustment from the 
previously approved burden of 707.281 hours.
    (39,097 respondents 1 response per respondent * 1 minute (0.0167 
hours) = 652.920 hours). Prior approval of 707.281--652.920 = 54.361 
fewer burden hours than previously reported for individuals/households.

Action Taken on Hearing or Court Decision: For No IPV Findings

    FNS estimates approximately 3,692 respondents will respond 1 time 
for an action taken on hearing or court decision for no IPV findings 
for a total of 3,692 annual responses. FNS estimates that it will take 
approximately 1 minute (0.0167 hours) for a respondent to submit an 
action taken on a hearing or court decision for no IPV findings for a 
total estimate of 61.656 annual burden hours. This represents a change 
of 39.889 additional annual burden hours due to a program adjustment 
from the previously approved burden of 21.767 hours.
    (3,692 respondents * 1 response per respondent * 1 minute (0.0167 
hours) = 61.656 hours). Prior approval 21.767--61.656 = 39.889 
additional burden hours than previously reported for individuals/
households.
    Grand Total Burden Reporting and Recordkeeping Burden: 135,525.984 
total burden hours and 2,033,844.640 responses.

[[Page 53789]]



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                                                                                                            Estimated
                                                              Estimated                     Total annual     average     Estimated                      Due to
               Title                     CFR section of       number of    Responses per      responses     number of   total hours    Previously      program       Due to an         Total
                                           regulations       respondents     respondent      (Col. DxE)     hours per    (Col. FxG)     approved        change      adjustment      difference
                                                                                                             response
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                                                                                          STATE AGENCY
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                                                                                        Reporting Burden
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Demand Letter for Overissuance.....  273.18(a)(2)..........           53        10,561.98      559,785.00       0.1336   74,787.276     118,171.338        0.000     -43,384.062     -43,384.062
Notice for Hearing or Prosecution..  273.16(e)(3)..........           53           807.34       42,789.00       0.1336    5,716.610       5,374.728        0.000         341.882         341.882
Action Taken on Hearing or Court     273.16(e)(9)..........           53           815.40       39,097.00        0.167    6,529.199       7,752.488        0.000      -1,223.289      -1,223.289
 Decision: For IPV Findings.
Action Taken on Hearing or Court     273.16(e)(9)..........           53            69.66        3,692.00       0.0835      308.282         128.674        0.000         179.609         179.609
 Decision: For No IPV Findings.
Electronic Disqualified Recipient    273.16(i)(2)(i).......           53           737.68       39,097.00       0.0835    3,264.600       4,797.994        0.000      -1,533.394      -1,533.394
 System Breakout: For eDRS
 Reporting.
Electronic Disqualified Recipient    272.1(f)(3)...........           53            88.52        4,691.64        0.167      783.504       1,149.243        0.000        -365.739        -365.739
 System Breakout: For Editing and
 Resubmission.
Electronic Disqualified Recipient    273.16(i)(4)..........           53           737.68       39,097.00      0.05010    1,958.760       1,938.099        0.000          20.661          20.661
 System Breakout: For Penalty
 Checks using Mainframe.
                                    ------------------------------------------------------------------------------------------------------------------------------------------------------------
    Total State Agency Reporting     ......................           53       13,818.261     728,248.640      0.12818   93,348.230     139,312.563        0.000     -45,964.332     -45,964.332
     Burden.
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                                                                                                            Estimated
                                                             Estimated                                       average     Estimated                      Due to
               Title                                         number of      Records per    Annual records   number of      total       Previously      program       Due to an         Total
                                                           recordkeepers    recordkeeper                    hours per      annual       approved        change      adjustment      difference
                                                                                                             response     records
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Recordkeeping Breakout: For          272.1(f)............            53         10,561.98      559,785.00       0.0334   18,696.819      29,542.834        0.000     -10,846.015     -10,846.015
 initiating Collection Action.
Recordkeeping Breakout: For IPVs...  272.1(f)............            53          1,545.02       81,886.00       0.0334    2,734.992       2,897.250        0.000        -162.257        -162.257
                                    ------------------------------------------------------------------------------------------------------------------------------------------------------------
    Total State Agency               ....................            53        12,107.000     641,671.000       0.0334   21,431.811      32,440.084        0.000     -11,008.273     -11,008.273
     Recordkeeping Burden.
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                                                                                                            Estimated
                                                         Estimated                                           average                                    Due to
                                      CFR section of     number of     Responses per       Total annual     number of    Estimated     Previously      program       Due to an         Total
                                        regulations     respondents      respondent         responses       hours per   total hours     approved        change      adjustment      difference
                                                                                                             response
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total State Agency Burden.........  ..................           53         25,847.540      1,369,919.640       0.0838  114,780.042     171,752.647        0.000     -56,972.605     -56,972.605
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------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              Estimated
                                                                 Estimated                    Total annual     average     Estimated                    Due to
                 Title                                           number of    Responses per     responses     number of   total hours   Previously     program       Due to an         Total
                                                                respondents    respondent      (Col. DxE)     hours per    (Col. FxG)    approved       change      adjustment      difference
                                                                                                               response
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            HOUSEHOLD
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Reporting Burden
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Demand Letter for Overissuance........  273.18(a)(2)..........   559,785.00            1.00      559,785.00       0.0334   18,696.819    29,542.834        0.000     -10,846.015     -10,846.015
Notice for Hearing or Prosecution.....  273.16(e)(3)..........    42,789.00            1.00       42,789.00       0.0167      714.576       729.065        0.000         -14.488         -14.488
Administrative Disqualification         273.16(i)(2)..........    15,664.00            1.00       15,664.00       0.0334      523.178       604.941        0.000         -81.763         -81.763
 Hearing Waiver.
Disqualification Consent Agreement....  273.16(i)(2)..........     2,898.00            1.00        2,898.00       0.0334       96.793       228.757        0.000        -131.963        -131.963
Action Taken on Hearing or Court        273.16(e)(9)..........    39,097.00            1.00       39,097.00       0.0167      652.920       707.281        0.000         -54.361         -54.361
 Decision: For IPV Findings.
Action Taken on Hearing or Court        273.16(e)(9)..........     3,692.00            1.00        3,692.00       0.0167       61.656        21.767        0.000          39.889          39.889
 Decision: For No IPV Findings.
                                       ---------------------------------------------------------------------------------------------------------------------------------------------------------
    Total Household Reporting Burden..  ......................      559,785         1.18604     663,925.000      0.03125   20,745.942    31,834.644        0.000     -11,088.702     -11,088.702
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                                                                                        SUMMARY OF BURDEN
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
State Agency Level....................  ......................           53  ..............   1,369,919.640  ...........  114,780.042   171,752.647        0.000     -56,972.605     -56,972.605
Household.............................  ......................      559,785  ..............     663,925.000  ...........   20,745.942    31,834.644        0.000     -11,088.702     -11,088.702
                                       ---------------------------------------------------------------------------------------------------------------------------------------------------------
    Total Burden This Collection......  ......................      559,838         3.63292   2,033,844.640      0.06664  135,525.984   203,587.291        0.000     -68,061.307     -68,061.307
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[[Page 53790]]

Pamilyn Miller,
Administrator, Food and Nutrition Service.
[FR Doc. 2020-18850 Filed 8-28-20; 8:45 am]
BILLING CODE 3410-30-P