[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Notices]
[Pages 71294-71296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25410]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Agency Information Collection Activities: Supplemental Nutrition 
Assistance Program Emergency Allotments (COVID-19)

AGENCY: Food and Nutrition Service (FNS), 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 this proposed information collection. This collection is an 
extension, without change, of a currently approved collection for 
activities associated with administering emergency allotments (EA) 
waivers. The Families First Coronavirus Response Act of 2020, enacted 
March 18, 2020, includes a general provision that allows the Department 
of Agriculture to issue EA waivers based on a public health emergency 
declaration by the Secretary of Health and Human Services under section 
319 of the Public Health Service Act related to an outbreak of COVID-19 
when a State has also issued an emergency or disaster declaration.

DATES: Written comments must be received on or before January 23, 2023.

ADDRESSES: Comments may be sent to: Erica Kain, Food and Nutrition 
Service, U.S. Department of Agriculture, 1320 Braddock Place, 5th 
Floor, Alexandria, VA 22314; or by phone at (312) 339-1939. Comments 
may also be submitted via email 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 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 Erica Kain 
at [email protected]; or by phone at (312) 339-1939.

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: Agency Information Collection Activities: Supplemental 
Nutrition Assistance Program Emergency Allotments (COVID-19).
    OMB Number: 0584-0652.
    Expiration Date: 8/31/2023.

[[Page 71295]]

    Type of Request: Extension, without change, of a currently approved 
collection.
    Abstract: The Families First Coronavirus Response Act of 2020 (Pub. 
L. 116-127), enacted March 18, 2020, includes a general provision that 
allows the Department of Agriculture to issue emergency allotments (EA) 
based on a public health emergency declaration by the Secretary of 
Health and Human Services under section 319 of the Public Health 
Service Act related to an outbreak of COVID-19 when a State has also 
issued an emergency or disaster declaration. In January 2021, the 
Department obtained Office of Management and Budget (OMB) approval to 
collect the information as described in this Notice for a period of one 
year (OMB Control Number 0584-0652; expiration 1/31/2022). The 
President's Executive Order on Economic Relief Related to the COVID-19 
Pandemic, issued January 22, 2021, directed all Federal agencies to 
consider administrative actions to better address the current economic 
crisis resulting from the pandemic. FNS reviewed existing EA policy and 
issued updated State guidance \1\ on April 1, 2021, outlining a new 
approach to calculating EA that provides greater equity for households 
most in need. The April 2021 guidance superseded previous guidance 
issued in March 2020 and April 2020. In addition to outlining a new EA 
minimum benefit policy, the April 2021 guidance described an EA phase-
out request States may use when their State-level emergency declaration 
expiration date is imminent. The State agency process for requesting 
EA, as outlined in the April 2021 guidance, now includes an attestation 
requirement confirming that the State's emergency or disaster 
declaration remains active when requesting EA. On May 21, 2021, FNS 
provided further operational guidance to SNAP State Agencies and 
Regional Offices in a Q&A document provided in response to questions 
raised during webinars based on the April 1, 2021 guidance.\2\ FNS 
reiterated April 1, 2021 guidance in a memorandum dated December 14, 
2021, in which FNS described the EA phase-out process.\3\ USDA 
anticipates the need to collect the data beyond the expiration date and 
is seeking approval of this Information Collection Request in order to 
meet the continuing information collection and reporting requirements 
detailed in the Families First Coronavirus Response Act of 2020.
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    \1\ https://fns-prod.azureedge.net/sites/default/files/resource-files/snap-covid-emergency-allotments-phase-3-guidance.pdf.
    \2\ https://fns-prod.azureedge.us/sites/default/files/resource-files/EA%20QAs_5_20_2021_FINAL.pdf.
    \3\ https://fns-prod.azureedge.us/sites/default/files/resource-files/snap-ea-information-end-national-phe.pdf.
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    As authorized by Families First Coronavirus Response Act of 2020, 
State agencies impacted by COVID-19 may submit an EA waiver request to 
their FNS Regional Office for approval to provide an EA to households 
to bring all households up to the maximum benefit due to pandemic 
related economic conditions. As outlined in the April 2021 guidance, 
State agency waivers will generally be approved under one or more the 
following conditions as it relates to COVID-19:
     Residents of the State are confirmed to have contracted 
COVID-19.
     Some or all areas of the State are containment or 
quarantine zones.
     Businesses have closed or significantly reduced their 
hours.
     The State's residents have experienced economic impacts 
due to job suspensions or losses.
     The State's residents have been directed to practice 
social distancing.
    The State agency must also confirm that the State's emergency or 
disaster declaration remains active.
    In addition, to allow for State EA phase-out upon expiration of the 
State's emergency declaration, States may request EA approval for one 
additional issuance month if:
     The national public health emergency declaration that was 
extended on October 13, 2022, by the Secretary for Health and Human 
Services under section 319 of the Public Health Service Act remains in 
place, and
     The State-issued emergency or disaster declaration has 
expired or will expire in the current month. This will allow a State 
that has lost or will lose its declaration in the current month to 
provide one additional issuance month of EA and to notify SNAP 
participants that EA benefits will be ending.
    Once the State's EA waiver has been approved by FNS, the State may 
provide the EA without contacting the household. Following waiver 
approval, FNS will require State Agencies to attest to FNS on a monthly 
basis the EA waiver is still needed and that the State declaration 
remains in place. Both the initial EA waiver and the monthly 
attestation are conducted via email. FNS expects 53 State agencies will 
submit one initial EA waiver to FNS. Currently 36 State agencies are 
operating under an EA waiver. Although there are currently less than 53 
States operating under an EA waiver, it is possible that States may 
have more than one declared public health emergency over the next few 
years as COVID-19 rates ebb and flow. For this reason, we are including 
hours for the entire universe for State agencies. We are requesting 
approval for 53 initial waiver requests in this IC as a precautionary 
measure.
    There are three reporting requirements for this information 
collection request. (1) Each initial EA waiver submission should take 
approximately one hour to complete. (2) Each monthly email attesting to 
the continued need for the EA waiver is expected to take 15 minutes to 
complete. FNS expects that any phase-out request, as outlined in the 
April 2021 guidance, would be included in the email as part of the 
monthly attestation process; the indication of phase-out would simply 
signal the end of that State's need for EA and, thus, monthly 
attestations. The phase out request is expected to take 1 minute of the 
15 minutes estimated for monthly attestation; therefore, no additional 
burden is estimated for phase-out requests.
    Section 18(b) of the Food and Nutrition Act of 2008, as amended, 
requires that, ``In any fiscal year, the Secretary shall limit the 
value of those allotments issued to an amount not in excess of the 
appropriation for such fiscal year.'' Because the EA waiver increases 
the monthly benefit of participants above the amount originally 
anticipated for this fiscal year, the amount of benefits issued and 
redeemed must be carefully tracked to ensure FNS does not exceed its 
appropriation. As such, it is necessary for FNS to collect information 
from State agencies operating EA on a more frequent basis than would be 
reported normally. Generally, States report disaster-related SNAP 
participation and issuance data to FNS on the FNS-292B, Report of 
Disaster Supplemental Nutrition Assistance Benefit Issuance, within 45 
days of terminating disaster assistance.
    While a State is operating under an EA waiver, (3) FNS requires the 
State to submit bi-weekly FNS-292B reports. The burden for a State 
agency to submit FNS-292B reports during normal operations is currently 
captured under the information collection for the Food Programs 
Reporting System (FPRS), OMB Control Number 0584-0594 (expiration date 
7/31/2023). However, FNS is accounting for the additional burden used 
for EA in this request and including the burden for submitting this 
form more frequently under this information collection and is not 
duplicating the burden efforts for the routine normal operations 
captured in the FPRS collection.

[[Page 71296]]

     FNS-292B--Takes States approximately 24 minutes or 0.4008 
hours per response x 53 State Agencies x 26 weeks = 552.30 hours.
    Affected Public: State, Local and Tribal Governments.
    Estimated Number of Respondents: 53.
    Estimated Number of Responses per Respondent: 39.
    Estimated Total Annual Responses: 2,067.
    Estimated Time per Response: 0.36976294 hours.
    Estimated Total Annual Burden on Respondents: 764.30.

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                                                                             Number of     Frequency of    Total annual      Hours per     Annual burden
  Respondent category           Instruments                 Form            respondents      response        responses       response         (hours)
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State Agencies.........  Bi-weekly EA Reporting to  FNS-292B............              53              26           1,378          0.4008          552.20
                          FNS.
                         Initial Waiver Request--   N/A.................              53               1              53               1              53
                          Emergency Allotment.
                         Monthly EA Attestation     N/A.................              53              12             636            0.25             159
                          (including Phase-Out
                          Requests).
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    Total..............  .........................  ....................              53              39           2,067      0.36976294          764.30
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Tameka Owens,
Assistant Administrator, Food and Nutrition Service.
[FR Doc. 2022-25410 Filed 11-21-22; 8:45 am]
BILLING CODE 3410-30-P