[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Notices]
[Pages 8255-8256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02660]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Agency Information Collection Activities: Supplemental Nutrition 
Assistance Program (SNAP)--Waiver Requests To Offer Incentives to SNAP 
Recipients at SNAP Authorized Stores

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 is an existing collection 
in use without an OMB Control Number in which we are seeking approval 
to establish a process for requesting a waiver from the Food and 
Nutrition Service (FNS) to offer SNAP recipients incentives at SNAP 
authorized retailer locations that encourage them to purchase healthier 
foods. This collection burden only affects SNAP retailers as well as 
private organizations or governmental entities who partner with SNAP 
retailers. There are no data collection activities for SNAP households 
in this request.

DATES: Written comments must be received on or before April 10, 2023.

ADDRESSES: The Food and Nutrition Service, USDA, invites interested 
persons to submit written comments on this information collection. 
Comments may be submitted in writing by one of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Comments should be addressed to Marga Ortiz, Chief, 
Retailer Policy Branch, Retailer Policy Division, 1320 Braddock Place, 
Alexandria, Virginia 22314.
    All responses to this notice 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 Marga Ortiz 
at 703-305-2546.

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: SNAP Retailer Incentive Waiver Request.
    Form Number: Not Applicable.
    OMB Number: 0584-NEW.
    Expiration Date: Not Yet Determined.
    Type of Request: Existing collection in use without an OMB Control 
Number.
    Abstract: SNAP equal treatment provisions at 7 CFR 278.2(b) and 7 
CFR 274.7(f) require that SNAP recipients receive treatment equal to 
that received by other customers at all stores authorized to 
participate in SNAP with the exception that sales tax may not be 
charged on eligible foods purchased with SNAP benefits. This equal 
treatment provision prohibits both negative treatment (such as 
discriminatory practices) as well as preferential treatment (such as 
incentive programs). Pursuant to Section 4008 of the Agriculture 
Improvement Act of 2018, Public Law 115-334 (2018 Farm Bill), 
individual SNAP authorized retailers (or private organizations or 
governmental entities, which partner with authorized stores) may 
request that FNS waive the SNAP equal treatment provisions in order to 
be allowed to implement an incentive program the meets the requirements 
under 7 U.S.C. 2018(j) to encourage SNAP recipients to purchase 
healthier foods. Most SNAP authorized stores that offer incentives to 
SNAP recipients are either farmers' markets or part of a federally-
funded grant program that is authorized by statute, including the Gus 
Schumacher Nutrition Incentive Program (GusNIP) administered by the 
USDA's National Institute of Food and Agriculture (NIFA), and the 
Healthy Fluid Milk Incentive (HFMI) project administered by the Food 
and Nutrition Service.
    Farmer's markets are also already authorized to provide incentives 
to SNAP recipients under a blanket FNS waiver of the SNAP equal 
treatment provision, specifically for farmers' markets. Only incentive 
projects that are funded outside of a Federal grant, other than 
projects funded by farmers' markets, are required to have a waiver from 
FNS to provide incentives to SNAP households at authorized SNAP 
retailer locations. FNS provided incentive waivers to SNAP retailers 
prior to passage of the 2018 Farm Bill under FNS' regular waiver 
process and has been providing the waivers under a streamlined approach 
since 2020. Over the past 3 years, FNS has received an average of nine 
incentive waiver requests that generally cover multiple retailer 
locations, and we expect those numbers to increase over the next 5 
years. With this new streamlined process, the Department estimates that 
out of 254,350 authorized retailers that participate in our program, 
approximately 730 different retailers would be covered under 15 
different incentive waiver requests annually. In general, the waivers 
are granted for three years.
    The process for requesting a waiver involves utilizing a form on 
FNS' website that is directly fillable online and automatically sent to 
FNS through the website. The information a retailer must submit 
includes:
    1. Requestor Information;
    2. Dates of Operation;
    3. Retailer location(s), including the FNS number, name, and 
address of each participating retailer;
    4. Foods being incentivized;
    5. Description of the incentive model; and
    6. The goal of the incentive program.
    The Department has identified and outlined the activity and the 
estimated burden hours associated with submitting a SNAP Retailer 
Incentive Waiver Request.

SNAP Retailer Incentive Waiver Request

    Affected Public: (a) Business or other for-profit, (b) Not-for-
profit institution, and (c) State, local or Tribal Government. 
Respondent groups identified include: Up to a total of four SNAP 
authorized stores, five not-for-profit institutions, and six State, 
local or Tribal governments, which are neither farmers' markets nor 
operating an incentive program under a Federal grant.

[[Page 8256]]

Business or Other For-Profit/Not-For-Profit Institution/State, Local or 
Tribal Government Annual Burden

    Estimated Annual Number of Respondents: 15.
    Estimated Annual Number of Responses per Respondent: 1.
    Estimated Total Annual Responses: 15.
    Estimated Annual Time per Response: 2 hours.
    Estimated Total Annual Burden on Respondents: 30 hours.
    See the table below for estimated total annual burden for each type 
of respondent.

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                                                                                                                                 Estimated
                                                                                          Estimated    Responses      Total      avg. # of    Estimated
              Respondent                     CFR citation               Activity           annual #     annually      annual     hours per      annual
                                                                                          respondent      per       responses     response   total hours
                                                                                                       respondent                 annually
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Business or other for-profit.........  7 CFR 274.7(f) and       SNAP Retailer Incentive         4.00         1.00         4.00          2.0          8.0
                                        278.2(b).                Waiver Request.
Not-for-profit institution...........  7 CFR 274.7(f) and       SNAP Retailer Incentive         5.00         1.00         5.00          2.0         10.0
                                        278.2(b).                Waiver Request.
    Sub-total of for-profit            .......................  .......................         9.00         1.00         9.00          4.0         18.0
     businesses and not-for-profit
     institutions.
State, local or Tribal Government....  7 CFR 274.7(f) and       SNAP Retailer Incentive         6.00         1.00         6.00          2.0         12.0
                                        278.2(b).                Waiver Request.
                                                                                        ----------------------------------------------------------------
        Grand Total Reporting Burden.  .......................  .......................           15            1           15          6.0         30.0
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                                                                                                       Hourly                                Base salary
                                               Total                      FNS                       salaries for                   Fringe      + fringe
       Requirement--national office          responses   FNS hrs per    response    Total federal   GS13, step 1    FNS base    benefits at   benefits =
                                              per year     response       per           hours       GS14, step 1  salary costs      33%         total
                                                                       respondent                   GS15, step 1                                salary
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A                                                     B            C            D                E             F             G            H            I
 
                                                                                   (B x C x D = E)   (E x F = G)    (G x .33 =  (G + H = I)  ...........
                                                                                                                            H)
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a. Program Analyst GS13 Step 1. Estimates            15         1.25            1            18.75        $53.67     $1,006.31      $332.08    $1,338.40
 of Annualized Cost to Federal Government
 for reviewing, drafting response, sending
 response.................................
b. Program Branch Chief GS14 Step 1.                 15          0.5            1              7.5         63.43        475.73       156.99       632.71
 Estimates of Annualized Cost to Federal
 Government for drafting, reviewing and
 approving response.......................
c. Program Division Director GS15 Step 1.            15         0.25            1             3.75         74.60        279.75        92.32       372.07
 Estimates of Annualized Cost to Federal
 Government for, reviewing and approving
 response.................................
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                                                                                                30                                              2,343.18
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Tameka Owens,
Assistant Administrator, Food and Nutrition Service.
[FR Doc. 2023-02660 Filed 2-7-23; 8:45 am]
BILLING CODE 3410-30-P