Federal Register - August 13, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations
Executive Order 13175
Executive Order 13175 requires Federal agencies to consult and coordinate with Tribes on a government-to-government basis on policies that have Tribal implications, including regulations, legislative comments, or proposed legislation.
Additionally, other policy statements or actions that have substantial direct effects on one or more Indian Tribes, the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes also require consultation. This regulation discloses there are no tribal implications associated with this rule. FNS attended a tribal consultation meeting on May 1, 2019, in Washington, DC where the changes to this rule were explained. No questions or concerns were brought to FNSs attention about this rule by any tribal leaders at the meeting. If a tribe requests consultation in the future, FNS
will work with the Office of Tribal Relations to ensure meaningful consultation is provided.
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Paperwork Reduction Act The Paperwork Reduction Act of 1995
44 U.S.C. Chap. 35; see 5 CFR 1320, requires that the Office of Management and Budget OMB approve all collections of information by a Federal agency from the public before they can be implemented. Respondents are not required to respond to any collection of information unless it displays a current, valid OMB control number.
In accordance with the Paperwork Reduction Act of 1995, this interim final rule contains information collections that are subject to review and approval by the Office of Management and Budget; therefore, FNS is submitting for public comment the changes in the information collection burden that would result from adoption of the proposals in the rule. The agency is seeking a three-year renewal date for both OMB control numbers. Once OMB
approves these burden requirements associated with OMB Control Numbers:
05840074 and 05840303, the agency plans to publish separate notices in the Federal Register announcing OMBs approval.
We are revising two existing burden inventories for this rulemaking. The current burden inventories affected are Worksheet for the Supplemental Nutrition Assistance Program Quality Control Reviews FNS380 OMB
Control Number: 05840074, expiration date 04/30/2023 and Supplemental Nutrition Assistance Program 275 QC
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Regulations OMB Control Number:
05840303, expiration date 1/31/2024
respectively. These changes are contingent upon OMB approval under the Paperwork Reduction Act of 1995
and as such are including two 60 day notices for comment on the affected collections.
Comments on both the information collections in this interim final rule must be received by October 12, 2021.
Send comments to the Office of Information and Regulatory Affairs, OMB, Attention: Desk Officer for FNS, Washington, DC 20503, Fax 202395
7285, or email to oira_submission@
omb.eop.gov. Please also send a copy of your comments to any of the following:
via mail to Stephanie Proska, Branch Chief, Quality Control Branch, Program Accountability and Administration Division, 1320 Braddock Place, 5th Floor; Alexandria, Virginia 22314; via fax to the attention of Stephanie Proska at 7033050928; or via email to SNAPHQ-WEB@fns.usda.gov.
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, or for copies of the information collection requirements, please contact Stephanie Proska at the address indicated above or email SNAPHQ-WEB@fns.usda.gov.
Comments are invited on: 1 Whether the proposed collection of information is necessary for the proper performance of the Agencys functions, including whether the information will have practical utility; 2 the accuracy of the Agencys estimate of the proposed information collection burden, including the validity of the methodology and assumptions used; 3
ways to enhance the quality, utility and clarity of the information to be collected; and 4 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.
All responses to these requests for comment will be summarized and included in the request for OMB
approval. All comments will also become a matter of public record.
Title: Worksheet for the Supplemental Nutrition Assistance Programs Quality Control Reviews.
Form Number: FNS 380.
OMB Control Number: 05840074.
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Expiration Date: April 30, 2023.
Type of Request: Revision of a currently approved collection due to rulemaking.
Abstract: Section 16 of the Food and Nutrition Act of 2008 provides the legislative basis for the operation of the Quality Control QC system. Part 275, Subpart C, of SNAP regulations implements the legislative mandates found in Section 16. Regulations at 7
CFR 275.1, 275.14d and 275.21a and b1 provide the regulatory basis for the QC reporting requirements.
Section 11a of the Food and Nutrition Act of 2008 provides the legislative basis for the recordkeeping requirements. SNAP regulations, at 7
CFR 272.1f, specify that program records must be retained for three years from the month of origin. Regulations at 7 CFR 275.4 specifically address record retention requirements for form FNS
380.
Form FNS380, is a SNAP worksheet used to determine eligibility and benefits for households selected for review in the QC sample of active SNAP
cases. This form provides a systematic means of aiding the States Quality Control Reviewer in analyzing the case record, planning and doing field investigation and gathering, comparing, analyzing and evaluating data.
Due to this interim-final rulemaking, the FNS 380 form must include a new State agency respondent burden for a new requirement at 7 CFR 275.2c1v.
The Department will require that if the State discusses individual sampled cases with a contractor, the State must document, within the case file, the contents of the discussion and any action taken by the State as a result of the discussion. If the discussion occurs orally, FNS must be given notice 24
hours in advance of the discussion and must be allowed to participate in the discussion. If the discussion occurs in writing, the State must ensure that FNS
is copied on all written correspondence discussing individual sampled cases.
FNS estimates this new notification requirement will affect 5 State agency respondents at least one time per year for a total burden of 5 minutes 0.0835
hour per response, estimating an additional 25 minutes 0.40 hour to the current information collection. No additional recordkeeping requirements are necessary.
We estimate the total reporting burden for the collection of information to support SNAP QC as 405,995.67
hours. This includes approximately 8.48
hours for State Agencies to analyze each household case record including planning and carrying out the field investigation; gathering, comparing,
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