[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Notices]
[Pages 16598-16599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6950]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Agency Information Collection Activities: Proposed Collection; 
Comment Request--Supplemental Nutrition Assistance Program Repayment 
Demand and Program Disqualification

AGENCY: Food and Nutrition Service, 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 proposed information collections. This collection is a revision of 
currently approved information collection requirements associated with 
initiating collection actions against households who have received an 
overissuance in the Supplemental Nutrition Assistance Program (SNAP).

DATES: Written comments must be submitted on or before May 23, 2011 to 
be assured consideration.

ADDRESSES: 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. Comments may be sent to: Jane 
Duffield, Chief, State Administration Branch, Food and Nutrition 
Service, U.S. Department of Agriculture, 3101 Park Center Drive, Room 
822, Alexandria, VA 22302. Comments may also be submitted via fax to 
the attention of Jane Duffield at 703-305-0928 or via e-mail to 
<a href="/cdn-cgi/l/email-protection#c389a2ada6ed87b6a5a5aaa6afa783a5adb0edb6b0a7a2eda4acb5"><span class="__cf_email__" data-cfemail="86cce7e8e3a8c2f3e0e0efe3eae2c6e0e8f5a8f3f5e2e7a8e1e9f0">[email protected]</span></a>. 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 written comments will be open for public inspection at the 
office of the Food and Nutrition Service during regular business hours 
(8:30 a.m. to 5 p.m. Monday through Friday) at 3101 Park Center Drive, 
Room 822, Alexandria, Virginia 22302. 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 Christine 
Daffan at 703-305-2473.

SUPPLEMENTARY INFORMATION: 
    Title: Supplemental Nutrition Assistance Program Repayment Demand 
and Program Disqualification.
    OMB Number: 0584-0492.
    Form Number: None.
    Expiration Date: July 31, 2011.
    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 Supplemental Nutrition Assistance 
Program (SNAP) regulations at 7 CFR 273.18 require State agencies to 
initiate collection action against households that have been overissued 
benefits. To initiate collection action, State agencies must provide an 
affected household with written notification informing the household of 
the claim and demanding repayment. This process is automated in most 
State agencies. For initiating collection action on an overissuance, we 
are increasing the estimated annual reporting and recordkeeping burden 
for State agencies and households from 111,200 hours to 137,584 hours. 
The reason for the increase is to reflect the higher number of claims 
that were established in fiscal year (FY) 2009.
    Note that for recipient claims, this Federal Register notice only 
covers the reporting and recordkeeping burden for initiating collection 
action. The burden associated with reporting collections and other 
claims management information on the FNS-209 report is covered under 
currently approved OMB number 0584-0069 expiration date 8/31/2012. The 
burden associated with referring delinquent claims and receiving 
collections through the Treasury Offset Program is covered under 
currently approved OMB number 0584-0446 expiration date 2/28/2013. SNAP 
regulations at 7 CFR 273.16 require State agencies to investigate any 
case of suspected fraud and, where applicable, make an intentional 
Program violation (IPV) determination either administratively or 
judicially. Examples of notifications and activity involved in the IPV 
process include:
    <bullet> The State agency providing written notification informing 
an individual suspected of committing an IPV of an impending 
administrative disqualification hearing or court action;
    <bullet> 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
    <bullet> Once a determination is made regarding an IPV, the State 
agency sends notification to the affected individual of the action 
taken on the administrative disqualification hearing or court decision.
    Despite an increase in SNAP participation, IPV activity has only 
increased slightly. We are increasing the

[[Page 16599]]

household annual reporting burden for the activities related to IPV 
disqualifications from 2,348 hours to 2,710 hours.
    The States' annual reporting burden for the activities related to 
IPV disqualifications and hearing notices has increased from 13,340 
hours to 15,381 hours. The States' annual recordkeeping burden for the 
IPV related activities increased from 2,942 hours to 3,396 hours. These 
increases are due to Program changes as a result of an increased number 
of SNAP households that States have reported as disqualified.
    One of the factors used by a State agency to determine the 
appropriate disqualification penalty to assign to an individual is 
whether or not the individual was found to have committed any prior 
IPVs. The way that State agencies determine this is by accessing and 
checking the Electronic Disqualified Recipient System (eDRS), which is 
an automated system developed by FNS that contains records of 
disqualifications in every State. State agencies are responsible for 
updating the system and checking it to determine the appropriate length 
of each disqualification. An estimate of the annual burden associated 
with the eDRS process reflects an increase from 5,563 hours to 7,967 
hours per year.

Summary of Estimated Burden

    The net aggregate change from the currently approved burden of 
135,393 hours to the proposed annual burden for this collection of 
167,038 hours is an increase of 31,645 hours. For initiating collection 
action on an overissuance, we are increasing the estimated annual 
burden for State agencies and households from 111,200 hours to 137,584 
hours to reflect the higher number of claims established in FY 2009. 
The IPV-related State agency and household annual reporting and 
recordkeeping burden has increased from 18,630 hours to 21,487 hours to 
reflect the higher number of disqualifications. An estimate of the 
annual burden associated with the eDRS process reflects a total 
increase from 5,563 hours to 7,967 hours per year. Adjustments have 
been made to the burden to include requirements not previously 
identified, burden identified incorrectly, and corrections made in the 
calculations of the number of responses and hours per response.
    Affected Public: State, Local and Tribal government (SA); 
Individual/Households (I/H).
    Respondent Type: SNAP participants.

SA Reporting Burden

    Estimated Number of Respondents: 53.
    Estimate Total Number of Responses per Respondent: 17,015.77.
    Estimated Total Annual Responses: 901,836.
    Estimated Time per Response: 0.12760.
    Estimated Total Annual Reporting Burden: 115,071.418.

SA Recordkeeping Burden

    Estimated Number of Recordkeepers: 53.
    Estimated Total Records per Recordkeeper: 14,902.77.
    Annual Records: 789,794 + 53 Recordkeepers = 789,847.
    Estimated Average # of Hours per Response: 0.03333.
    Estimated Total Recordkeeping Hours: 26,326.20.

I/H Reporting Burden

    Estimated Number of Respondents: 687,922.
    Estimated Number of Responses per Respondent: 1.19333.
    Total Number of Annual Responses: 820,917.96.
    Estimated Time per Response: 0.03123.
    Estimated Total Annual Reporting Burden: 25,640.36.
    Grand Total Burden Reporting and Recordkeeping Burden: 167,037.

    Dated: March 18, 2011.
Julia Paradis,
Administrator, Food and Nutrition Service.
[FR Doc. 2011-6950 Filed 3-23-11; 8:45 am]
BILLING CODE 3410-30-P


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