[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Notices]
[Pages 40458-40462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10204]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Agency Information Collection Activities: Supplemental Nutrition 
Assistance Program (SNAP) Repayment Demand and Program Disqualification

AGENCY: Food and Nutrition Service (FNS), Department of Agriculture.

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 a revision of 
currently approved information collection requirements associated with 
initiating collection actions against individuals/households (I/HH) who 
have received an overissuance in SNAP.

DATES: Written comments must be received on or before July 9, 2024.

ADDRESSES: Comments may be sent to: Maribelle Balbes, Food and 
Nutrition Service, U.S. Department of Agriculture, 1320 Braddock Place, 
5th Floor, Alexandria, VA 22314. 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 Jennifer 
Ragan at [email protected], 703-457-6786.

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.
    Form Number: N/A.
    OMB Control Number: 0584-0492.
    Expiration Date: 07/31/2024.
    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 SNAP regulations at 7 CFR 273.18 
require State agencies to initiate collection action against I/HH that 
have been overissued benefits. To initiate collection action, State 
agencies must provide an affected I/HH with written notification 
informing the I/HH of the claim and demanding repayment. This process 
is automated in most State agencies.
    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 the 
Food and Nutrition Service 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.
    This information collection covers activities associated with 
initiating overissuance collections and IPV determinations. 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 control number 0584-0594, expiration date 09/30/
2026. The burden associated with referring delinquent claims and 
receiving collections through the Treasury Offset Program is covered 
under currently approved OMB control number 0584-0446, expiration date 
09/30/2025.

Summary of Estimated Burden

    The burden consists of two major components: the initiation of 
overissuance collections and actions associated with IPV 
determinations. As an exception, due to the variances in data 
associated with implementing COVID flexibilities during the Public 
Health Emergency, a 3-year average for fiscal years 2021-2023 has been 
used to compare against the currently approved burden. The estimated 
total 3-year average annual burden for this collection is 99,786.9643 
hours (69,343.3710 State agency reporting hours + 14,910.3556 I/HH 
reporting hours + 15,533.2377 State agency recordkeeping hours). The 
net aggregate change to this collection is a decrease of 35,739.02 
total burden hours from the currently approved burden of 135,525.9843 
hours. The estimated total annual responses for this collection is 
1,498,759.9962 responses (547,029.3333 State agency reporting total 
annual response + 486,663.6667 I/HH reporting total annual responses + 
465,066.9962 State agency recordkeeping total annual records). The 
burden hours associated with overissuance collection initiation and IPV 
activity have decreased due to a decrease in the number of claims 
established and the number of States initiating IPV activity against 
SNAP I/HH over the last 3 fiscal years (2021-2023).

[[Page 40459]]

Reporting

    Affected Public: State, Local and Tribal government (State agency); 
I/HH.
    Respondent Type: SNAP participants.
State Agency Reporting Burden
    States have done these activities for many years. Based on prior 
experience in how long these activities take, FNS estimates it will 
take the 53 State agencies an average 7 minutes (0.1268 hours) to issue 
each letter or notice or take the actions described below. The 
following is a summary total for the activities described below.
    Estimated Number of Respondents: 53.
    Estimated Total Number of Responses per Respondent: 10,321.3082.
    Estimated Total Annual Responses: 547,029.3333.
    Estimated Time per Response: 0.1268.
    Estimated Total Annual Reporting Burden: 69,343.3710.

Demand Letter for Overissuance 7 CFR 273.18 (a)(2)

    Based on many years of doing these activities, FNS estimates it 
will take the 53State agencies 8 minutes (0.1336 hours) to issue a 
Demand Letter, and that they will issue 7,339.2642 letters each, for a 
total of 51,967.8616 hours. The prior approval included 74,787.2760 
hours. The new burden estimate is 22,819.4144 fewer hours than the 
previously approved burden amount due to program adjustments. (53 State 
agencies * 7,339.2642 letters each * 8 minutes (0.1336 hours) = 
51,967.8616 hours). Prior approval 74,787.2760 hours-51,967.8616 hours 
= 22,819.4144 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 745.3333 Notices 
for Hearing or Prosecution for a total of 39,502.6667 responses. FNS 
estimates it will take approximately 8 minutes (0.1336 hours) to issue 
a Notice for Hearing or Prosecution for an estimated 5,277.5563 total 
hours. The previously approved burden was 5,716.6104 hours. This 
represents a change of 439.0541 fewer hours associated with this burden 
due to program adjustments. (53 State agencies * 745.3333 responses * 8 
minutes (0.1336 hours) = 5,277.5563 hours). Prior approval 5,716.6104 
hours-5,277.5563 hours = 439.0541 hours less 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 690.2516 
IPV findings for a total of 36,583.3333 responses. FNS estimates that 
it will take approximately 10 minutes (0.1670 hours) for a State agency 
to take action on a court decision for IPV findings for a total of 
6,109.4167 annual burden hours. This represents a change of 419.7823 
fewer hours from the previously approved burden of 6,529.1990 hours due 
to program adjustments. (53 State agencies * 690.2516 responses * 10 
minutes (0.167 hours) = 6,109.4167 hours). Prior approval hours 
6,529.1990-6,109.4167 hours = 419.7823 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 83.1258 
instances of no IPVs as a result of a hearing or court decision for a 
total of 4,405.6667 total responses. FNS estimates that it will take 
approximately 5 minutes (0.0835 hours) for a State agency to take 
action on a hearing or court decision for no IPV findings for a total 
of 367.8732 annual burden hours. This represents a change of 59.5912 
additional burden hours from the previously approved burden of 308.2820 
hours due to program adjustments. (53 State agencies * 83.1258 
responses * 5 minutes (0.0835 hours) = 367.8732 hours). Prior approval 
308.2820 hours-367.8732 hours = 59.5912 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 690.2516 times for a total of 36,583.3333 annual 
responses. FNS estimates that it will take approximately 5 minutes 
(0.0835 hours) for a State agency to generate reporting from eDRS for a 
total of 3,054.7083 burden hours. This represents a change of 209.8912 
fewer burden hours from the previously approved burden of 3,264.5995 
hours due to program adjustments. (53 State agencies * 690.2516 
responses * 5 minutes (0.0835 hours) = 3,054.7083 hours). Prior 
approval of 3,264.5995 hours-3,054.7083 hours = 209.8912 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 the eDRS system 82.8302 times for a total of 4,390.0000 
annual responses. FNS estimates that it will take approximately 10 
minutes (0.167 hours) for a State agency to edit and resubmit reporting 
to eDRS for a total of 733.1300 burden hours. This represents a change 
of 50.3739 fewer burden hours from the previously approved 783.5039 
hours due to program adjustments. (53 State agencies * 82.8302 
responses * 10 minutes (0.167 hours) = 733.1300 hours). Prior approval 
of 783.5039 hours-733.1300 = 50.3739 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 690.2516 times for a total of 36,583.3333 
annual responses. FNS estimates that it will take approximately 3 
minutes (0.0501 hours) for a State agency to run a penalty check using 
the mainframe for a total of 1,832.8250 burden hours. This represents a 
change of 125.9347 fewer burden hours from the previously approved 
1958.7597 hours due to program adjustments. (53 State agencies * 
690.2516 responses * 3 minutes (0.0501 hours) = 1,832.8250 hours). 
Prior approval of 1958.7597 hours-1,832.8250 hours = 125.9347 less 
annual burden hours than previously reported.)
I/HH Reporting Burden
    Based on prior experience in how long these activities take, FNS 
estimates it will take the 486,663.6667 I/HH respondents an average of 
less than 2 minutes (0.0306 hours) to respond as requested by the State 
agency. The following is a summary total for the activities related to 
I/HH reporting requirements as described below.
    Estimated Number of Respondents: 486,663.6667.
    Estimated Number of Responses per Respondent: 1.
    Total Number of Annual Responses: 486,663.6667.
    Estimated Time per Response: 0.0306.
    Estimated Total Annual Reporting Burden: 14,910.3556.

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

    Based on many years of reporting these activities, FNS estimates 
approximately 388,981.0000 respondents will respond 1 time for a demand 
letter for overissuance for a total of 388,981.0000 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 
12,991.9654 annual burden hours. This represents a change of 5,704.8536 
fewer annual burden hours from the previously

[[Page 40460]]

approved burden of 18,696.8190 hours due to a program adjustment. 
(388,981.0000 respondents * 1 response per respondent * 2 minutes 
(0.0334 hours) = 12,991.9654 hours). Prior approval of 18,696.8190-
12,991.9654 = 5,704.8536 fewer annual burden hours than previously 
reported for I/HH.)

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

    FNS estimates approximately 39,502.6667 respondents will respond 1 
time for a notice for hearing or prosecution for a total of 39,502.6667 
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 659.6945 annual burden hours. This 
represents a change of 57.8818 fewer annual burden hours from the 
previously approved burden of 714.5763 hours due to a program 
adjustment. (39,502.6667 respondents * 1 response per respondent * 1 
minute (0.0167 hours) = 659.6945 hours). Prior approval of 714.5763-
659.6945 = 54.8818 fewer annual burden hours than previously reported 
for I/HH.)

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

    FNS estimates approximately 14,542.6667 respondents will respond 1 
time for an administrative disqualification hearing waiver for a total 
of 14,542.6667 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 
485.7251 annual burden hours. This represents a change of 37.4525 fewer 
annual burden hours from the previously approved burden of 523.1776 
hours due to a program adjustment. (14,542.6667 respondents * 1 
response per respondent * 2 minutes (0.0334 hours) = 485.7251 hours). 
Prior approval of 523.1776-485.7251 = 37.4525 fewer burden hours than 
previously reported for I/HH.)

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

    FNS estimates approximately 2,648.3333 respondents will respond 1 
time for a disqualification consent agreement for a total of 2,648.3333 
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 88.4543 annual burden hours. 
This represents a change of 8.3389 fewer annual burden hours from the 
previously approved burden of 96.7932 hours due to a program 
adjustment. (2,648.3333 respondents * 1 response per respondent * 2 
minutes (0.0334 hours) = 88.4543 hours). Prior approval of 96.7932-
88.4543 = 8.3389 fewer burden hours than previously reported for I/HH.)

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

    FNS estimates approximately 36,583.3333 respondents will respond 1 
time for an action taken on hearing or court decision for IPV findings 
for a total of 36,583.3333 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 610.9417 annual burden hours. This represents a 
change of 41.9782 fewer annual burden hours from the previously 
approved burden of 652.9199 hours due to a program adjustment. 
(36,583.3333 respondents * 1 response per respondent * 1 minute (0.0167 
hours) = 610.9417 hours). Prior approval of 652.9199-610.9417 = 41.9782 
fewer burden hours than previously reported for I/HH.)

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

    FNS estimates approximately 4,405.6667 respondents will respond 1 
time for an action taken on hearing or court decision for no IPV 
findings for a total of 4,405.6667 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 annual 73.5746 burden hours. This 
represents a change of 11.9182 additional annual burden hours from the 
previously approved burden of 61.6564 hours due to a program 
adjustment. (4,405.6667 respondents * 1 response per respondent * 1 
minute (0.0167 hours) = 73.5746 hours). Prior approval 61.6564-73.5746 
= 11.9182 additional burden hours than previously reported for I/HH.)

Recordkeeping

State Agency Recordkeeping Burden
    States have done these activities for many years. Based on prior 
experience in how long these activities take, FNS estimates it will 
take the 53 State agencies an average of 2 minutes (0.0334 hours) to 
perform the required recordkeeping. The following is a summary total 
for the activities described below.
    Estimated Number of Recordkeepers: 53.
    Estimated Total Records per Recordkeeper: 8,774.8490.
    Estimated Total Annual Records: 465,066.9962.
    Estimated Average # of Hours per Response: 0.0334.
    Estimated Total Recordkeeping Hours: 15,533.2377.

Initiation of Overissuance Collection 7 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 7,339.2642 times for a total of 
388,981.0000 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 
12,991.9654 burden hours. This represents a change of 5,704.8536 fewer 
burden hours from the previously approved burden of 18,696.8190 hours 
due to program adjustments. (53 State agencies * 7,339.2642 records * 2 
minutes (0.0334 hours) = 12,991.9654 hours). Prior approval of 
18,696.8190 hours-12,991.9654 hours = 5,704.8536 fewer annual burden 
hours than previously reported.)

IPV Determinations 7 CFR 272.1(f)

    FNS estimates that 53 State agencies will perform recordkeeping for 
IPVs 1,435.5848 times for a total of 76,085.9962 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 2,541.2723 
annual burden hours. This represents a change of 193.7201 fewer annual 
burden hours from the previously approved burden of 2,734.9924 hours 
due to program adjustments. (53 State agencies * 1,435.5848 records * 2 
minutes (0.0334 hours) = 2,541.2723 hours). Prior approval of 
2,734.9924 hours-2,541.2723 = 193.7201 fewer annual burden hours than 
previously reported.)

Overall Grand Total Reporting and Recordkeeping Burden for All Affected 
Public

    Estimated Overall Total Number of Respondents: 486,769.6667.
    Estimated Overall Responses per Respondents: 3.0790.
    Estimated Overall Total Annual Responses: 1,498,759.9962.
    Estimated Overall Time per Response: 0.0666.
    Estimated Overall Grand Total Annual Reporting and Recordkeeping 
Burden: 99,786.9643.

[[Page 40461]]



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                                                                                                                                            Total annual      Estimated avg.
  Respondent category (affected   Type of respondents      Burden activity        CFR Section of    Estimated number    Responses per     responses (Col.    number of hours    Estimated total
             public)                                                               regulations       of respondents       respondent            ExF)           per response     hours (Col. GxH)
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                                                                                            REPORTING
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                                                                                     State Agency Reporting
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State Government................  State Agency.......  Demand Letter for             273.18(a)(2)                 53         7,339.2642       388,981.0000             0.1336        51,967.8616
                                                        Overissuance.
                                                       Notice for Hearing or         273.16(e)(3)                 53           745.3333        39,502.6667             0.1336         5,277.5563
                                                        Prosecution.
                                                       Action Taken on Hearing       273.16(e)(9)                 53           690.2516        36,583.3333             0.1670         6,109.4167
                                                        or Court Decision: For
                                                        IPV Findings.
                                                       Action Taken on Hearing       273.16(e)(9)                 53            83.1258         4,405.6667             0.0835           367.8732
                                                        or Court Decision: For
                                                        No IPV Findings.
                                                       Electronic Disqualified    273.16(i)(2)(i)                 53           690.2516        36,583.3333             0.0835         3,054.7083
                                                        Recipient System
                                                        Breakout: For eDRS
                                                        Reporting.
                                                       Electronic Disqualified        272.1(f)(3)                 53            82.8302         4,390.0000             0.1670           733.1300
                                                        Recipient System
                                                        Breakout: For Editing
                                                        and Resubmission.
                                                       Electronic Disqualified       273.16(i)(4)                 53           690.2516        36,583.3333             0.0501         1,832.8250
                                                        Recipient System
                                                        Breakout: For Penalty
                                                        Checks using Mainframe.
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State Agency Reporting Sub-Total                                                                                  53        10,321.3082       547,029.3333             0.1268        69,343.3710
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                                                                                 Individuals/Household Reporting
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Individuals/Household...........  SNAP Households....  Demand Letter for             273.18(a)(2)       388,981.0000                  1       388,981.0000             0.0334        12,991.9654
                                                        Overissuance.
                                                       Notice for Hearing or         273.16(e)(3)        39,502.6667                  1        39,502.6667             0.0167           659.6945
                                                        Prosecution.
                                                       Administrative                273.16(i)(2)        14,542.6667                  1        14,542.6667             0.0334           485.7251
                                                        Disqualification
                                                        Hearing Waiver.
                                                       Disqualification              273.16(i)(2)         2,648.3333                  1         2,648.3333             0.0334            88.4543
                                                        Consent Agreement.
                                                       Action Taken on Hearing       273.16(e)(9)        36,583.3333                  1        36,583.3333             0.0167           610.9417
                                                        or Court Decision: For
                                                        IPV Findings.
                                                       Action Taken on Hearing       273.16(e)(9)         4,405.6667                  1         4,405.6667             0.0167            73.5746
                                                        or Court Decision: For
                                                        No IPV Findings.
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Individuals/Household Reporting Sub-Total                                                               486,663.6667                  1       486,663.6667             0.0306        14,910.3556
                                 ---------------------------------------------------------------------------------------------------------------------------------------------------------------
 Total Reporting                                                                                        486,716.6667        10,322.3082     1,033,693.0000             0.0815        84,253.7267
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                                                                                          Recordkeeping
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State Government................  State Agency.......  Recordkeeping Breakout:           272.1(f)                 53         7,339.2642       388,981.0000             0.0334        12,991.9654
                                                        For initiating
                                                        Collection Action.
                                                       Recordkeeping Breakout:           272.1(f)                 53         1,435.5848        76,085.9962             0.0334         2,541.2723
                                                        For IPVs.
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Total Recordkeeping                                                                                               53         8,774.8490       465,066.9962             0.0334        15,533.2377
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                                                                                          TOTAL BURDEN
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Grand Total Reporting and Recordkeeping                                                                 486,769.6667             3.0790     1,498,759.9962             0.0666        99,786.9643
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[[Page 40462]]

Tameka Owens,
Assistant Administrator, Food and Nutrition Service.
[FR Doc. 2024-10204 Filed 5-9-24; 8:45 am]
BILLING CODE 3410-30-P