[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Notices]
[Pages 71418-71420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27223]



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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Agency Information Collection Activities: FNS Information 
Collection Needs Due to COVID-19; Comment Request for Extending 
Approval for OMB #0584-0654

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Notice.

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SUMMARY: FNS is seeking public comment on its intent to ask the Office 
of Management and Budget (OMB) to extend approval of the information 
collection under OMB approval #0584-0654 from January 31, 2022 until 
August 27, 2023. In accordance with the Paperwork Reduction Act of 
1995, this notice invites the general public and other public agencies 
to comment on the proposed extension of this currently approved 
information collection, which focuses on FNS' information collection 
needs due to COVID-19 based on information currently known.

DATES: Written comments must be received on or before January 18, 2022.

ADDRESSES: Comments may be sent to: Maureen Lydon and Jamia Franklin of 
the Food and Nutrition Service, U.S. Department of Agriculture, via 
email to [email protected] and [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 responses to this notice will be summarized and included in the 
request for Office of Management and Budget (OMB) 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 Jamia 
Franklin at [email protected] or 703-305-2403, and Maureen Lydon 
at [email protected], or 703-457-7713.

SUPPLEMENTARY INFORMATION: Comments are invited on: (a) The proposed 
extension of OMB approval and 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: FNS Information Collection Needs due to COVID-19.
    Form Number:
    OMB Number: 0584-0654.
    Expiration Date: January 31, 2022.
    Type of Request: Extension of a currently approved collection.
    Abstract: As the Food and Nutrition Service (FNS) continues 
responding to the COVID-19 Coronavirus pandemic, it is implementing a 
number of waivers and program adjustments to ensure Americans in need 
can access nutrition assistance during the crisis while maintaining 
recommended practices.
    Two pieces of legislation have detailed many of the program 
adjustments available to FNS. The Families First Coronavirus Response 
Act (Pub. L. 116-127) (FFCRA) and the Coronavirus Aid, Relief and 
Economic Security (CARES) Act (Pub. L. 116-136) provided a number of 
program adjustments and additional funding, respectively. The statutes 
describing these waivers and flexibilities also have reporting 
requirements. The Department obtained OMB approval to collect the 
information described in this Notice (OMB 0584-0654; expiration 1/31/
2022). USDA anticipates the need to collect data beyond the expiration 
date and is seeking approval of this Information Collection Request in 
order to meet continuing information collection and reporting 
requirements, as well as program administration needs to implement the 
CARES Act.
    In addition to program adjustments and waiver flexibilities 
authorized under the FFCRA and CARES Act, Section 12(l) of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 1760(l)) (NSLA) allows 
FNS to waive statutory and regulatory requirements established under 
the NSLA or Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) for a 
State or eligible service provider administering a Child Nutrition 
Program (CNP). FNS issues statewide waivers under NSLA waiver authority 
in response to State agencies' requests to facilitate the ability for 
Program operators to carry out the purposes of CNPs during COVID-19-
related operations. FNS has issued waivers under NSLA authority to 
enable program operators to operate CNPs with appropriate safety 
measures in place with respect to the COVID-19 pandemic. NSLA waiver 
authority requires States or eligible service providers in need of a 
waiver of program requirements to submit a detailed application that 
identifies the statutory or regulatory requirements to be waived. 
Applications must also describe any actions undertaken to remove 
barriers, describe the goal of the waiver to improve services, and 
include a description of the impediments to the efficient operation and 
administration of the program. States must provide notice to the public 
regarding each waiver request submitted to FNS, and States that receive 
a waiver approval of program requirements under NSLA waiver authority 
must submit a report on waiver implementation, including whether the 
waiver resulted in improved services to children.
    Section 2302(a)(2) of the FFCRA allowed USDA to adjust, at the 
request of State agencies or by guidance in consultation with one or 
more State agencies, issuance methods and application and reporting 
requirements for the Supplemental Nutrition Assistance Program (SNAP) 
under the Food and Nutrition Act (FNA) of 2008, as amended, to be 
consistent with what is practicable under actual conditions in affected 
areas. Section 2302(c) of FFCRA required the Secretary of Agriculture 
to submit a report to Congress following the end of the public health 
emergency, including a description of the measures taken to address the 
food security needs of affected populations during the emergency, 
including any information or data supporting State agency requests, 
among other information not included in this information collection 
(IC).
    Section 2203(a)(1) of the FFCRA allowed State agencies 
administering the Special Supplemental Nutrition Program for Women, 
Infants and Children (WIC) to request a waiver of 17(d)(3)(C)(i) of the 
Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(C)(i)), which 
requires applicants be physically present in the clinic. Local agencies 
are required to submit a report detailing the use and benefits of this 
waiver within one year of use of such waiver, and State agencies are 
required to submit a summary report of local agency usage of waivers 
under this Section within 18 months. Section 2204(a)(1) gave State 
agencies administering WIC and the WIC Farmers Market Nutrition Program 
(FMNP) the opportunity to request a waiver or modification of qualified 
regulatory requirements from USDA if such requirements cannot be met 
due to COVID-19, and such waivers are necessary to provide assistance 
to WIC and WIC FMNP participants. State

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agencies are also required under this Section to provide a report to 
USDA no later than one year after such waivers were granted, detailing 
their use of the waiver and how it improved services to women, infants 
and children.
    In the instances described above, the information collection 
addressed and/or will address burden associated with requirements under 
provisions of the NSLA, FFCRA, and CARES Act, as well as Nationwide 
waivers under some of the aforementioned authorities. State agencies 
have been required to develop and submit waiver requests in response to 
COVID-19, provide public notification regarding waiver requests, and 
report to FNS evaluation data on how waivers impacted Federal benefit 
programs.
    Additionally, FNS is asking State agencies to report the USDA 
commodities used during a disaster on a more frequent basis. This 
information is currently collected in an OMB-approved form, the FNS-
292A, Report of Commodity Distribution for Disaster Relief (OMB Control 
Number 0584-0594 Food Programs Reporting System, expiration July 31, 
2023). State distributing agencies may release commodity or donated 
foods procured by the USDA to disaster organizations to provide 
nutritional assistance to disaster victims. Under the Code of Federal 
Regulations (CFR) at 7 CFR 250.69(f), State distributing agencies shall 
provide a summary report to FNS within 45 days following termination of 
the disaster assistance, and maintain records of these reports and 
other information relating to disasters. OMB approved FNS to change the 
frequency of the collection of the commodity reports from 45 days after 
the completion of the disaster, to a weekly basis. This change was 
requested due to the number of requests and the burden of the FNS 
regional offices. This request allowed FNS Food Distribution (FD) staff 
to monitor levels of USDA commodities more frequently to ensure States 
had access to USDA commodities.
    Affected Public: State, Local and Tribal Government: Respondent 
groups identified include: (1) State agencies and Indian Tribal 
Organizations that operate USDA Nutrition Assistance Programs; and (2) 
Local WIC Agencies.
    Estimated Number of Respondents: The total estimated number of 
respondents is 1,349. This includes: 53 SNAP State agencies who will 
submit waiver information, evaluation information, and weekly 
operational updates; 20 WIC State program staff who will submit 
evaluation information and a data pull from their MIS system; 22 
Farmers Market Nutrition Program staff who will submit evaluation 
information; 67 CNP State agencies who will develop and submit waiver 
requests, provide public notification, and report to FNS on waiver 
implementation; Food Distribution Program Staff in 60 State Agencies 
who will submit required forms; and 800 WIC Local Agency Program staff 
who will submit information on an evaluation survey. Table 1, the 
estimated burden table below, delineates the number of respondents 
carrying out each of the aforementioned activities.
    As shown in Table 1, FNS anticipates two types of respondents: 
State Government workers and Local Government workers. Together, their 
reporting burden is approximately 11,549 burden hours, assuming data 
collection over 12 months.
    SNAP State Program Staff will have two types of burden:
     Waivers: FNS anticipates approximately 3 waiver requests 
per every 3 months per State agency. SNAP Program Staff in 53 State 
Agencies will submit approximately 3 waiver requests per every 3 
months. Each waiver will take about 10 hours to complete for a total of 
6,360 burden hours. [53 State Agency staff x 3 waivers per every 3 
months on an annual basis (12 waiver requests) = 636 responses x 10 
hours = 6,360 burden hours].
     Data Reports: SNAP Program Staff in 53 State Agencies will 
submit approximately 3 data reports, reporting on the evaluation data 
required by FFRCA. It will require about 3 hours to report the data in 
the data reports for a total of 159 burden hours. (53 State Agency 
Staff x 3 data reports = 159 responses x 3 hours = 477 burden hours).
     Weekly operational update: SNAP program staff in 53 State 
Agencies will submit 1 weekly update to their FNS Regional Offices. 
Each update will take approximately 1 hour to complete. (53 State 
agencies x 52 weekly reports = 2,756 annual responses x 1 hour per 
response = 2,756 burden hours).
    WIC State Program Staff will have one type of burden:
     Evaluation Information: WIC Program Staff in 20 State 
Agencies will submit 1 survey, reporting on the evaluation data 
required by the FFRCA. It will take them about 2 hours to complete the 
survey, for a total of 40 burden hours. (20 State Agency Staff x 1 
survey = 20 responses x 2 hours = 40 burden hours).
     MIS Data Pull: FNS will request states submit a data pull 
from their MIS systems to help facilitate the evaluation data reporting 
on the number of WIC participants affected by different waivers. (20 
WIC State Agencies x 1 data pull = 20 Responses x 1.5 hours per 
response = 30 burden hours).
    FMNP State Program Staff will have one type of burden:
     Evaluation Information: FMNP Program Staff in 22 State 
Agencies will submit 1 State Plan, reporting on the evaluation data 
required by the FFRCA. It will take them about 2 hours to complete the 
report, for a total of 44 burden hours. (22 State Agency Staff x 1 
State Plan = 22 Responses x 2 hours = 44 burden hours).
    CN Program Staff will have one type of burden:
     Statewide, COVID-related waivers authorized under Section 
12(l) of the NSLA: It is estimated 67 State agencies review statewide 
waiver protocol and guidance pertaining to the waiver authority 
established at Section 12(l) of the NSLA, such as Child Nutrition 
Program Waiver Request Guidance and Protocol--Revised (Memo code: SP15 
CACFP 12 SFSP 05-2018). FNS estimates State agencies revisit NSLA 
waiver guidance one time each year, and that it takes approximately 15 
minutes (.25 hours) to review guidance (67 responses x .25 hours = 
16.75 hours).
    Furthermore, FNS estimates 67 CN State agencies will request 
statewide waivers that follow guidance outlined in Child Nutrition 
Program Waiver Request Guidance and Protocol--Revised (Memo code: SP15 
CACFP 12 SFSP 05-2018) and submit waiver requests to FNS. It is 
estimated, together, 67 State agencies will develop and request a total 
of 130 statewide waivers of CN Program requirements and that each 
request will take approximately 1 hour to develop and submit to FNS 
(130 responses x 1 hour = 130 hours). Each State agency that submits a 
request is required to provide public notice regarding the request. FNS 
estimates 67 State agencies will provide 130 public notices associated 
with statewide waiver requests submitted under Section 12(l) waiver 
authority, and that it takes 30 minutes (.5 hours) to provide each 
public notice (130 responses x .5 hours = 65 hours).
    Of the total 130 estimated statewide waiver requests, FNS estimates 
100 will be approved, and will require State agencies to report on 
waiver implementation within 1 year of the approval date. It takes 
approximately 30 minutes (.5 hours) for State agencies to develop and 
submit evaluation data on statewide waiver implementation (100 
responses x .5 hours = 50 hours).
    Food Distribution State program staff will have one type of burden:

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     FNS292A: Food Distribution Program Staff in 60 State 
Agencies will submit form FNS 292A 52 times (weekly over twelve 
months). It will take them approximately 15 minutes to complete the 
form each time for a total of 780 burden hours (60 State Agency Staff x 
52 submissions = 3,120 responses x .25 hours = 780 burden hours).
    WIC Local Government Agency Staff: Local Agency staff in about 800 
Local WIC agencies will submit 1 survey to FNS. It will take 1 hour to 
complete and submit the report for a total of 800 burden hours (800 
Local Agency Staff x 1 submission = 800 responses x 1 hour = 800 burden 
hours).

                                   Table 1--Respondent Estimated Burden Table
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                                                               Estimated      Total                     Annual
 Respondent category and type                     Number of    frequency      annual     Hours per    estimated
        of respondent             Instruments    respondents       of       estimated     response      burden
                                                                response    responses                  (hours)
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                                           State Government Estimates
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SNAP State Program...........  Waiver..........           53           12          636           10        6,360
SNAP State Program...........  Data Reports....           53            3          159            3          477
SNAP State Agency............  Weekly                     53           52        2,756            1        2,756
                                Operational
                                Update.
WIC State Program Staff......  Evaluation                 20            1           20            2           40
                                Survey.
WIC State Program Staff......  MIS Data Pull...           20            1           20          1.5           30
FMNP State Program Staff.....  Evaluation Info.           22            1           22            2           44
CN State Agency..............  Review 12(l)               67            1           67          .25        16.75
                                waiver guidance.
CN State Agency..............  12(l) Waiver               67         1.94          130            1          130
                                Development and
                                Submission.
CN State Agency..............  12(l) Waiver               67         1.94          130           .5           65
                                Public Notice.
CN State Agency..............  12(l) Reporting.           67          1.5          100           .5           50
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                                           Local Government Estimates
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Food Distribution State        Form FNS292A....           60           52        3,120          .25          780
 Program.
WIC Local Agency Program       Report to State.          800            1          800            1          800
 Staff.
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    Respondent Estimated       ................        1,349       129.38        7,960           23    11,548.75
     Total.
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Cynthia Long,
Administrator, Food and Nutrition Service.
[FR Doc. 2021-27223 Filed 12-15-21; 8:45 am]
BILLING CODE 3410-30-P