[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Notices]
[Pages 17784-17790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06107]
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Agency Information Collection Activities: Proposed Collection;
Comment Request--Supplemental Nutrition Assistance Program (SNAP):
Operating Guidelines, Forms, Waivers, and Annual State Report on
Verification of SNAP Participation
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 information collection. This is a revision of a currently
approved collection that consists of several components of State agency
reporting and/or recordkeeping: State Plan of Operations, Puerto Rico
Plan of Operations, Territory Memorandums of Understanding (MOUs), a
budget projection statement, a program activity report, waiver requests
submitted via the Waiver Information Management System (WIMS), card
skimming reporting, and other plans and submissions such as advance
planning documents for information systems and for electronic benefit
transfer (EBT) systems. This collection also merges the activities
under the Annual State Report on Verification of SNAP participation,
OMB Control Number 0584-0605, expiration date 06/30/2025 into this
collection which ensures that no person who is deceased, or who has
been permanently disqualified from SNAP, improperly received SNAP
benefits for the fiscal year preceding the report submission. Section
4032 of the Agriculture Act of 2014 is the basis for this collection.
The Food and Nutrition Service (FNS) considers an email from each State
agency to their corresponding FNS Regional SNAP Program Director
verifying their compliance with Section 4032 of the Agriculture Act of
2014 as the mechanism for compliance. FNS intends to discontinue the
Annual State Report of Verification of SNAP Participants, OMB Control
Number 0584-0605 expiration date 06/30/2025 following OMB approval of
this information collection request.
DATES: Written comments must be received on or before May 23, 2023.
ADDRESSES: Comments may be sent to: Maribelle Balbes, Branch Chief,
State Administration Branch, Program Administration and Nutrition
Division, Food and Nutrition Service, 5th Floor, U.S. Department of
Agriculture, 1320 Braddock Place, Alexandria, VA 22302. 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 Maribelle
Balbes 703-605-4272.
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: Operating Guidelines, Forms, Waivers, and Annual State
Report on Verification of SNAP Participation.
OMB Number: 0584-0083.
Forms: FNS-366A; FNS-366B; FNS-388; FNS-388A; SF-425/FNS-778
Recordkeeping Only.
Expiration Date: August 31, 2023.
Type of Request: Revision of a currently approved collection.
Abstract: Section 16(a) of the Food and Nutrition Act of 2008 (the
Act) authorizes 50 percent Federal reimbursement for State agency costs
to administer the program. 7 CFR 272.2(a) of SNAP regulations states
that State agencies shall periodically plan and budget program
operations and establish objectives for the next year. The basic
components of the State Plan of Operation are the Federal/State
Agreement, the Budget Projection Statement (FNS-366A), the Program
Activity Statement (FNS-366B) (7 CFR 272.2(a)(2)), and a new
requirement for State plans for the replacement of stolen SNAP benefits
using Federal funds as required by statute under section 501(b) of the
Consolidated Appropriations Act, 2023. Under 7 CFR 272.2(c), the State
agency shall annually submit to FNS for approval a Budget Projection
Statement (FNS-366A) which shall contain projections for each quarter
of the next Federal Fiscal Year and a narrative justification document
explaining the assumptions used to arrive at the projections. The State
agency shall also submit quarterly a Program Activity Statement (FNS-
366B) soliciting a summary of Program activity for the State agency's
operations during the preceding reporting period. Additionally, State
agencies and territories will submit a monthly report of benefit
issuance and participation data using the FNS-388, and a semi-annual
report of benefit and participation data by project area using the FNS-
388A. The FNS-366A, the FNS-366B, FNS-388 and FNS 388A are submitted
via the Food Programs Reporting System (FPRS), OMB Control Number 0584-
0594 expiration date 07/31/2023, at https://fprs.fns.usda.gov. State
agencies must also submit annually a State plan for the replacement of
benefits stolen via card skimming, card cloning, and other similar
fraudulent methods, which allows States to replace stolen benefits with
Federal funds. All State Plans of Operation are submitted to FNS via
the FNS PartnerWeb at https://partnerweb.usda.gov/. Additionally, State
agencies must submit quarterly data reports on card skimming via WIMS.
Certain attachments to the plan are to be submitted, as applicable.
State agencies must provide FNS with changes to these attachments as
they occur. Consequently, these attachments are considered State plan
updates. Puerto Rico submits a State Plan of Operations while American
Samoa and Commonwealth of Northern Mariana Islands (CNMI) submit an MOU
that functions as a State Plan of Operations, each of these documents
are submitted via email. While working on this revision, FNS became
aware that the agency has been collecting this information from
American Samoa, Puerto Rico, and the Commonwealth of the Northern
Mariana Islands (CNMI); this information was not previously accounted
for in this information collection, in violation of the Paperwork
[[Page 17785]]
Reduction Act (PRA). FNS has addressed this oversight in this revision.
Under Section 11(o) of the Act, each State agency is required to
develop and submit plans via email for the use of automated data
processing (ADP) and information retrieval systems to administer SNAP.
State agencies and territories are also required to submit a
transmittal letter along with the ADP to verify the accuracy of
information provided to FNS. Section 16(a) of the Act authorizes
partial Federal reimbursement of State costs for State ADP systems that
the Secretary determines will assist meeting the requirements of the
Act, meets conditions prescribed by the Secretary, are likely to
provide more efficient and effective administration of the program, and
are compatible with certain other Federally-funded systems. Under 7 CFR
277.18(c)(1) of SNAP regulations, State agencies must obtain prior
written approval from FNS when it plans to enhance, replace, or acquire
Information System (IS) equipment with a total acquisition cost of $6
million or more in Federal and State funds. The State agency must
submit via email an Advance Planning Document (APD) prior to acquiring
planning services and an Implementation APD prior to acquiring ADP
equipment or services. Additionally, State agencies administering SNAP
may submit a request through WIMS, to obtain approval from FNS to
deviate from a specific program rule or regulation. Current procedures
require that in order for FNS to approve a SNAP waiver request, the
State agency must submit the SNAP Waiver Request to FNS via WIMS.
SNAP regulations at 7 CFR 273.16 require that State agencies
disqualify an individual who has committed an intentional program
violation (IPV). Paragraph 7 CFR 273.16(e)(8) requires that these
individuals ``be disqualified in accordance with the disqualification
periods and procedures in paragraph (b) of this section'' (7 CFR
273.16(b)). Paragraph 7 CFR 273.16(i) requires State agencies to report
information concerning each individual disqualified for an IPV to the
disqualified recipient database, the electronic Disqualified Recipient
System (eDRS), and to use eDRS data to determine the eligibility of
individual applicants prior to certification. Activities associated
with the reporting of this data are covered under Federal Collection
Methods for SNAP Recipient Claims, OMB Control Number 0584-0446,
expiration 09/30/2025; SNAP regulations at 7 CFR 272.14 require that
each State agency establish a system to verify and ensure that benefits
are not issued to individuals who are deceased, and that data source is
the Social Security Administration's (SSA) Death Master File. The
information required for the Annual State Report on Verification of
SNAP Participation is obtained by validating that the State had the
appropriate systems in place and followed procedures currently mandated
at 7 CFR 272.14 and 7 CFR 273.16 for the preceding fiscal year. The
burdens associated with establishing a system to verify and ensure that
benefits are not issued to deceased individuals or those permanently
disqualified from SNAP using both the SSA Death Master File and eDRS
are already approved under SNAP Forms: Applications Periodic Reporting,
Notices, OMB burden number 0584-0064, expiration date 02/29/2024.
In order to meet the reporting requirements specified in section
4032 of the Act, States are required to confirm via email to their FNS
Regional SNAP Program Director that in the immediately preceding
Federal fiscal year, they had the appropriate systems in place to meet
the requirements of regulations at 7 CFR 272.14 and 273.16(i)(4) and
that they conducted the matches required by these regulations. States
are required to submit their section 4032 reports to the FNS Regional
SNAP Director by March 31 each year for the preceding Federal fiscal
year. The reporting and recordkeeping burden from OMB Control Number
0584-0605, Annual State Report on Verification of SNAP Participation,
expiration date 06/30/2025 is being merged into this collection to
improve operational efficiency and streamline information collection.
The reporting burden being merged from this collection includes an
annual email reminder from the FNS regional Offices, the compilation of
information to confirm proper systems are in place for matches, and
reporting information to FNS via email. Recordkeeping burden being
merged from this collection includes maintaining match records.
Burden Estimates: The burden within this collection consists of
reporting burden for the State Plan of Operation and Territory
Memorandum of Understandings, APD Plans or Updates, and SNAP waiver
requests via WIMS. With the merging of reporting burden from OMB
Control Number 054-0605 into this collection, additional reporting
burden includes an annual email reminder from FNS Regional Offices, the
compiling of information to confirm proper systems are in place for
eDRS and Deceased Matching System, and reporting that information to
FNS via email. Recordkeeping burden for this collection includes forms
FNS-366A FNS-366B, FNS-388, and FNS 388A, Plan of Operations Updates,
card skimming records, Territory MOU Updates, SF-425, other APD Plans
or Updates, and the maintenance of the confirmation of match records.
The previously reported burden for this information collection was
1,124 burden hours. The requested burden for this collection is
1,230.95 hours (1,138.1 reporting burden hours and 92.85 recordkeeping
hours). The increase in requested burden is to account for previously
unreported burden related to information collected from territories in
violation of the PRA, the merging of OMB Control Number 0584-0605 into
this collection, the addition of card skimming plans as a part of the
State Plans of Operations, and card skimming reporting.
Reporting
Reporting Burden Estimates: Affected public: State, Territory,
local and Tribal Government agencies.
Estimated Number of Respondents: 164.
Estimated Number of Responses per Respondent: 4.82.
Estimated Total Annual Responses: 790.
Estimated Reporting Time per Response: 1.44.
Estimated Annual Reporting Burden Hours: 1,138.10.
Under 7 CFR 272.2 & 285.3--State Plan of Operations: 53 State
agencies submit 1 response annually for a total of 53 annual responses.
The reporting burden for submission of updates to State Plans of
Operation is 7.5845 hours per respondent, resulting in an estimated
401.98 burden hours. FNS increased the time it takes to complete a
State Plan of Operations by 1 hour, from 6.5845 hours per respondent to
7.5845 hours per respondent to account for the annual submission of a
card skimming plan as a part of the State Plan of Operations.
Under the Consolidated Appropriations Act, 2023 Section 501(b)--
Card Skimming Reporting: 53 State agencies report on card skimming
quarterly (4) for a total of 212 responses. The reporting burden for
submissions of card skimming reporting is 1 hour per respondent,
resulting in an estimated 212 burden hours.
Under 7 U.S.C. 2028 and 7 CFR 272.2--Territories Memorandum of
Understandings and Puerto Rico Plan of Operations: 3 Territories (CNMI
American Samoa, and Puerto Rico) submit 1 response annually for a total
of 3 annual responses. The reporting
[[Page 17786]]
burden for submission of Territory MOUs and Puerto Rico Plan of
Operations is 6.5845 hours per respondent resulting in an estimated
19.7535 burden hours.
Under 7 CFR 277.18--Advance Planning Document: FNS estimates that
up to 56 State agencies and territories submit 1 APD, plan, or update
submissions for a total of 56 annual responses at an average estimate
of 2.5 hours per respondent. The estimated reporting burden for
submission of other APD Plans or Updates is 140 burden hours.
Under 7 CFR 277.18--Report ADP to FNS via email: FNS estimates that
56 State agencies and territories will submit 1 APD via email to FNS
once a year for a total of 56 responses. FNS estimates it will take
approximately .5 hours (30 minutes) to compile this information and
email it to FNS for a total of 28 burden hours.
Under 7 CFR 277.18--FNS Transmittal Letter for APD: FNS estimates
that 56 State agencies and territories may submit 1 transmittal letter
in conjunction with the APD to verify the accuracy of the information
they are submitting once per year for a total of 56 annual responses.
FNS estimates it will take .167 hours (10 minutes) for a State agency
to draft and submit the transmittal letter for an estimated burden of
9.352 hours.
Under 7 CFR 277.18--Other APD Plan or Update: FNS estimates that
approximately 12 State agencies or territories will update its APD once
a year for a total of 12 annual responses. FNS estimates it will take
2.5 hours to update the APD plan for a total of 30 burden hours to
submit updates to the APD.
Under 7 CFR 272.3(c)--SNAP Waiver Requests (WIMS): FNS estimates
that 45 of 53 State agencies will submit 4 waivers annually for a total
number of 180 waivers annually. Completion and submission of these
waivers take approximately 1 hour for a total of 180 burden hours
annually.
Under 7 CFR 272.13 and 7 CFR 273.16--Annual Email Reminder from FNS
Regional Offices: FNS estimates that 53 State agencies and Puerto Rico
will receive an annual reminder to confirm use of matches related to
eDRS and/or Deceased Matching System for an estimated total annual
response of 54. FNS estimates it will take .167 hours (10 minutes) to
delegate this task for a total of 9.018 burden hours.
Under 7 CFR 272.13 and 7 CFR 273.16--Compile Information to Confirm
Proper Systems are in Place for Matches: FNS estimates that 53 State
agencies and Puerto Rico will compile information to confirm their
systems are in place for eDRS and Deceased Matching Systems for an
estimated total annual response of 54. FNS estimates it will take
approximately 1 hours to compile this information for a total of 54
annual burden hours.
Under 7 CFR 272.13 and 7 CFR 273.16--Report Information to FNS via
Email: FNS estimates that 53 State agencies and Puerto Rico will report
the compiled information to FNS once for a total of 54 annual
responses. FNS estimates it will take approximately 1 hour to report
this information to FNS for a total of 54 annual burden hours.
[[Page 17787]]
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Burden
hours in Previously
Estimated Estimated Estimated Estimated Estimated use approved Previously Difference Differences
Regulation Respondent type Burden activity number of responses per total hours per total without a burden hours approved due to due to
respondents respondent annual response annual valid OMB merge from burden hours adjustments program
responses hours control 0605 for 0083 changes
No.
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REPORTING
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State Agency Burden
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272.2, 285.3............................. State Government Management Plan of Operations......... 53 1 53 7.5845 401.9785 ......... .............. 348.74 53.2385 ...........
Analyst.
Consolidated Appropriations Act, Section State Government Management Card Skimming Reporting.... 53 4 212 1 212 ......... .............. .............. ........... 212
501(b). Analyst.
272.2.................................... State Government Management Territory Memorandum of 3 1 3 6.5845 19.7535 19.7535 .............. .............. 19.7535 ...........
Analyst. Understanding (MOU) and
Puerto Rico Plan of
Operations.
277.18................................... State Government Management Advance Planning Document 56 1 56 2.5 140 140 .............. .............. 140 ...........
Analyst. (APD).
277.18................................... State Government Management Report ADP to FNS via email 56 1 56 0.5 28 28 .............. .............. 28 ...........
Analyst.
277.18................................... State Government Management Transmittal Letter for APD. 56 1 56 0.167 9.352 9.352 .............. .............. 9.352 ...........
Analyst.
277.18................................... State Government Management Other APD Plan or Update*.. 12 1 12 2.5 30 ......... .............. 530 -500 ...........
Analyst.
272.3(c)................................. State Government Management SNAP Waiver Requests (WIMS) 45 4 180 1 180 ......... .............. 177.3 2.7 ...........
Analyst.
272.14, 273.16........................... Administrative Manager...... Annual Email Reminder from 54 1 54 0.167 9.018 0.167 8.85 .............. 0.167 ...........
FNS Regional Offices
(0605) *.
272.14, 273.16........................... Eligibility Interviewer..... Compile Information to 54 1 54 1 54 1 53 .............. 1 ...........
Confirm Proper Systems are
in Place for Matches
(0605).
272.14, 273.16........................... Administrative Manager...... Report Information to FNS 54 1 54 1 54 1 53 .............. 1 ...........
via email (0605) *.
State Agency Reporting Total Burden 164......................... 4.817073171................ 790 1.440635443 1138.10 199.2725 ......... ......... -244.789 212 ........... ...........
Estimates.
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* Note: 54 State agency Administrative Managers and 54 State agency Eligibility Interviewer are counted 1 time each, plus the 56 State agencies and territories for a total of 164 respondents for this data collection.
[[Page 17788]]
Recordkeeping
Recordkeeping Burden Estimates: Affected Public: State, Territory,
Local and Tribal Government Agencies.
Estimated Number of Recordkeepers: 68.
Estimated Number of Records per Recordkeepers: 25.35.
Estimated Total Annual Records: 1,724.
Estimated Recordkeeping time per Recordkeepers: 0.06.
Estimated Annual Recordkeeping Burden Hours: 93.45.
Using 7 CFR 272.21(f) for all of the recordkeeping burden
established for this information collection request--FNS-366A: 53 State
agencies and Puerto Rico, are required to submit to FNS for approval a
Budget Projection Statement, Form FNS-366A, which includes projections
of the total Federal costs for major areas of program operations. There
is a total of 54 recordkeepers for this activity. Each respondent
submits 1 response annually for a total of 54 annual responses. A copy
is maintained for 3 years. It takes approximately 0.0501 hours (3
minutes) to maintain each record. Total annual recordkeeping burden for
FNS-366A is estimated at 2.7054 hours annually.
FNS-366B: 53 State agencies, Puerto Rico, and CNMI are required to
submit to FNS quarterly, a Program Activity Statement, Form FNS-366B,
providing a summary of program activity for the State agency's
operations during its preceding quarter. Each State agency submits 4
responses annually for a total of 220 annual responses; each record
takes approximately 0.0501 hours (3 minutes) to maintain. The annual
recordkeeping burden for FNS-366B is estimated to be 11.022 hours.
FNS-388: 53 State agencies, American Samoa, CNMI, and Puerto Rico
are required to submit to FNS a monthly report of benefit issuance and
participation data using the form FNS-388. Each State agency submits 12
responses annually for a total of 672 annual responses; each record
takes approximately .0501 hours (3 minutes) to maintain. The annual
recordkeeping burden for FNS-388 is estimated to be 33.6672 hours.
FNS-388A: 53 State agencies and American Samoa are required to
submit to FNS a semi-annual report of benefit and participation data by
project area using the form FNS-388A. Each State agency submits 2
responses annually for a total of 108 annual responses; each record
takes approximately .0501 hours (3 minutes) to maintain. The annual
recordkeeping burden for FNS-388A is estimated to be 5.4108 hours.
State Plan of Operation Updates: 53 State agencies update the State
plan of operations once annually for a total of 53 annual records; each
record takes approximately 0.0668 hours (4 minutes) to maintain. The
annual recordkeeping burden for updates to State Plans of Operation is
3.5404 hours.
Card Skimming Records: 53 State agencies are required to submit to
FNS quarterly, card skimming records, providing updates and estimates
on card skimming plans and activities in their State. Each State agency
submits 4 responses annually for a total of 212 annual responses; each
record takes approximately 0.668 hours (4 minutes) to maintain. The
annual recordkeeping burden for updates to card skimming Records is
14.16 hours.
Territory MOUs and Puerto Rico Plan of Operations Updates: American
Samoa and CNMI update their MOUs, and Puerto Rico updates its Plan of
Operations, once annually for a total of 3 total annual records. Each
record takes approximately .0668 hours (4 minutes) to maintain. The
annual recordkeeping burden for updates to Territory MOUs and Puerto
Rico Plan of Operations Updates is .2004 hours.
SF 425/FNS-778: 53 State agencies, Puerto Rico, CNMI, and American
Samoa complete an SF-425/FNS-778 quarterly for a total of 224 estimated
total records. It takes approximately .0501 hours (3 minutes) to
maintain these records for a total of 11.2224 recordkeeping burden
hours.
Advance Planning Documents: FNS estimates that 56 State agencies
and 3 territories may submit 1 APD submission and approximately 56
records at an average estimate of 0.0501 hours (3 minutes) per record
for an estimated total of 2.8056 recordkeeping burden hours.
Transmittal Letter for APD: FNS estimates that 56 State agencies
and territories submit 1 transmittal letter for APDs for a total of 56
submissions and records at an estimate of .0501 hours (3 minutes) per
record. The total estimated recordkeeping hours for a transmittal
letter for APDs is 2.8056 hours.
Other APD plan or Update: FNS estimates that 12 State agencies and
territories may submit 1 update to its APD for a total of 12 records.
FNS estimates it will take .1169 hours (7 minutes) to maintain each
record for a total of 1.4028 recordkeeping burden hours.
Maintain Confirmation of Match Records: FNS estimates that 53 State
agencies and Puerto Rico will maintain 1 confirmation of match records
for an estimated total of 54 annual records. FNS estimates it will take
.0835 hours (5 minutes) to maintain these records for an estimated
total of 4.51 recordkeeping burden hours.
[[Page 17789]]
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Burden
hours in Previously Previously
Number of Estimated Estimated Estimated use approved approved Difference Differences
Regulations Respondent type Form No. or activities Number of records per total hours per total without a burden hours burden hours due to due to
recordkeepers recordkeeper annual recordkeeper annual valid OMB merge from merge from adjustments program
records hours control 0605 0083 changes
No.
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State Government FNS-366A................. 54 1 54 0.0501 2.7054 0.0501 .............. 2.65 0.0501 ...........
Management Analyst.
State Government FNS-366B................. 55 4 220 0.0501 11.022 0.4008 .............. 10.6 0.4008 ...........
Management Analyst.
State Government FNS-388.................. 56 12 672 0.0501 33.6672 1.8036 .............. 15.26 20.2108 ...........
Management Analyst.
State Government FNS-388A................. 54 2 108 0.0501 5.4108 0.1002 .............. 2.54 2.971 ...........
Management Analyst.
State Government Plan of Operations 53 1 53 0.0668 3.5404 ......... .............. 3.15 0.3904 ...........
Management Analyst. Updates.
State Government Card Skimming Records.... 53 4 212 0.0668 14.1616 ......... .............. .............. ........... 14.1616
Management Analyst.
State Government Territory MOU and Puerto 3 1 3 0.0668 0.2004 0.2004 .............. .............. 0.2004 ...........
Management Analyst. Rico Plan of Operations
Updates.
State Government SF-425/FNS-778........... 56 4 224 0.0501 11.2224 0.6012 .............. 10.6 0.6012 ...........
Management Analyst.
State Government Advance Planning Document 56 1 56 0.0501 2.8056 2.8056 .............. .............. 2.8056 ...........
Management Analyst. (APD).
State Government Transmittal Letter for 56 1 56 0.0501 2.8056 2.8056 .............. .............. 2.8056 ...........
Management Analyst. APD.
State Government Other APD Plan or Update. 12 1 12 0.1169 1.4028 ......... .............. 23.32 -21.9172 ...........
Management Analyst.
7 CFR 272.1(f)......................... Eligibility Interviewer... Maintain Confirmation of 54 1 54 0.0835 4.51 0.0835 4.4 .............. 0.0835 ...........
Match Records (0605).
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Recordkeeping Total Estimates...... .......................... ......................... 68 25.35294118 1,724 0.054207193 93.45 8.8009 .............. .............. 8.5521 14.1616
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* Note: The 56 State agencies and territories employees and the maintenance of match records employees were only counted once each for a total of 112 recordkeepers.
[[Page 17790]]
Tameka Owens,
Assistant Administrator, Food and Nutrition Service.
[FR Doc. 2023-06107 Filed 3-23-23; 8:45 am]
BILLING CODE 3410-30-P