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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations

Action: 60 day Notice.
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 in this interim final rule. This collection is a revision of a currently approved information collection request.
Dates: Written comments must be received on or before 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 one 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.

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Supplementary Information Comments are invited on: 1 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; 2 the accuracy of the agencys estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions that were 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.
Title: Supplemental Nutrition Assistance Program SNAP.
Form Number: FNS 74 A and FNS
74B.
OMB Number: 05840303.
Expiration Date: January 31, 2024.

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Type of Request: Revision of a currently approved collection.
Abstract: Section 16 of the Food and Nutrition Act of 2008, as amended, provides the legislative basis for the operation of the SNAP QC system. Part 275, Subpart C, of SNAP regulations implements the legislative mandates found in Section 16. Section 11d of the Food and Nutrition Act of 2008, as amended the Act, requires each State agency administering SNAP to submit a plan of operation specifying the manner in which the program is conducted and Section 11e of the Act authorizes the inclusion of other provisions as required by regulation. In Part 275, due to this interim final rulemaking there will now be five components of the Quality Control QC system that are covered in this required information collection.
They are: 1 The sampling plan; 2
Third party contractors new requirement; 3 the arbitration process;
4 the good cause process; and 5 QCrelated New Investments.
Each State agency is required to develop a sampling plan that demonstrates the integrity of its case selection process. The QC system is designed to measure each State agencys payment error rate and case and procedural error rate based on a statistically valid sample of SNAP cases.
A State agencys payment error rate represents the proportion of cases that were reported through a QC review as being ineligible, as well as the proportion of SNAP benefits that were either overissued or under-issued to SNAP households. A State agencys case and procedural error rate represents the correctness of a proportion of cases that were measured in a QC review in which the State agency took an action to deny an application or suspend or terminate the benefits of a participating household. It also includes the accuracy of measuring a States compliance with Federal procedural requirements for those actions, which include the timeliness of the action and adherence to notice requirements.
Due to this interim-final rulemaking, the QC system will require States to notify FNS about its intent to hire third party contractors for QC purposes, send FNS the signed contracts that are awarded, send FNS information on the third party contractors completed deliverables to FNS, and notify FNS of training sessions that will be hosted by 3rd party contractors in the event the State agency intends to request federal reimbursement for administrative expenses associated with the third party contract.
The QC system also contains procedures for resolving differences in
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review findings between State Agencies and FNS. This is referred to as the arbitration process. As part of the arbitration process, State agencies must defend, in writing, their disagreement with the Federal re-reviewers finding or disposition of a case and submit their defense to the arbitrator for a decision to be made on their disagreement. Due to this interim-final rulemaking, the regulatory reference is being updated to the revised designation of 7 CFR
275.2d4.
The QC system also contains procedures that provide relief for State agencies from all or a part of a QC
liability when a State agency can demonstrate that a part or all of an excessive error rate was due to an unusual event that had an uncontrollable impact on the State agencys payment error rate. This is referred to as the good cause process.
Finally, when a State agency is unable to demonstrate that a part or all of an excessive error rate was due to an unusual event that had an uncontrollable impact on the State agencys payment error rate and chooses to settle with FNS by investing fifty percent of their total QC liability using new State agency funds into the SNAP
program to target the root causes of their errors, the State agency must submit a new investment plan and, after approval, new investment progress reports every six months until the plan is complete.
Note: The ability for a State agency to settle its error rate related liability is described in Section 16c of the Food and Nutrition Act of 2008, as amended.
Burden for the QC system includes reporting and recordkeeping burden for State agencies to create a QC sampling plan, notify and submit the required information regarding the use of third party contractors to FNS, and participate in the arbitration, good cause, new investment plan and new investment progress report processes.
The requested extension of unchanged estimates and revisions for the reporting burdens due to new requirements for each component are as follows: 1 The estimated annual reporting burden associated with the QC
sampling plan is 1,060 hours, no change from the current collection; 2 the four new annual collection estimates for reporting burden associated with the notifications and submissions activities of third party contractors combined estimates is 3.99 hours; 3 the estimated annual reporting burden associated with arbitration is 1,224 hours, no change from the current collection; 4 The estimated annual reporting burden associated with the good cause process
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