Attachment B - Burden Narrative: Estimate of the Information Collection Burden (Narrative) for the 7 CFR Part 225 Summer Food Service Program (OMB# 0584-0280)

ATTACHMENT B: BURDEN NARRATIVE

Estimate of the Information Collection Burden (Narrative) for the

7 CFR Part 225 Summer Food Service Program (OMB #0584-0280)

This document explains the calculation of the information collection burden for the Summer Food Service Program under OMB #0584-0280 as submitted for the revision of the existing regulation. This revision adds existing information requirements related to site visits that have been in use without an OMB control number, which is a violation of the Paperwork Reduction Act. A 60-day notice was published in the Federal Register on July 23, 2021 (Volume 86, Number 139, pages 38974-38976).

REPORTING REQUIREMENTS

AFFECTED PUBLIC: STATE, LOCAL, AND TRIBAL GOVERNMENT

1. Section 225.3(b) requires that each State agency must notify the Department by November 1 of each fiscal year regarding its intention to administer the Summer Food Service Program. The agreement shall contain an assurance that the State agency will comply with policy, instructions, guidance, and handbooks issued by FNS.

FNS estimates that each of the 53 State agencies will file 1 report annually for a total of 53 responses (53 × 1=53). The estimated average number of burden hours per response is 36 hours (3 hours per month) resulting in an estimated total burden hours of 1,908 (53 × 36=1,908). There is no change in burden.

2. Section 225.4(a) requires that no later than February 15 of each year, each State agency shall submit to the FNS Regional office (FNSRO) a Program Management and Administration Plan for that fiscal year.

FNS estimates that each of the 53 State agencies will file 1 Management and

Administration Plan annually for a total of 53 responses (53 × 1=53). The estimated average number of burden hours per response is 1 resulting in an estimated total burden hours of 53 (53 × 1=53). There is no change in burden.

3. Section 225.8(d)(1) requires that by May 1 of each year, State agencies must submit to the FNSRO a list of potential private nonprofit organization sponsors for each site, the first day of operation, and the estimated daily attendance.

FNS estimates that there will be audits of 53 State agencies and each will file 1

(average number of potential private nonprofit sponsors/State agency) report annually for a total of 53 responses (53 × 1=53). The estimated average number of burden hours per response is 1 hour resulting in estimated total burden hours of 53 (53 × 1=53). There is no change in burden.

4. Section 225.8(d)(2) requires that State agencies within 5 days of approval of sponsors, must notify FNSROs of sponsors, approved sites, locations, and days of operation and estimated daily attendance.

FNS estimates that each of the 53 State agencies will file 104 (5,524 sponsors ÷ 53 State agency = 104 reports) reports annually for a total of 5,512 responses

(53 × 104=5,512). The estimated average number of burden hours per response is 1 hour resulting in an estimated total burden hours of 5,512 (5,512 × 1=5,512). There is no change in burden.

5. Section 225.9(b)(2) requires that the State agency prepare and submit a list of sponsors eligible to receive commodities and the daily number of eligible meals to be served by each sponsor not later than June 1 of each year.

FNS estimates that the 53 State agencies will each file 1 report annually for a total of 53 responses (53 × 1=53). The estimated average number of burden hours per response is 1 hour resulting in estimated total burden hours of 53 (53 × 1=53). There is no change in burden.

6. Section 225.9(d)(4) requires that the State agency shall forward reimbursement

within 45 days of receiving valid claims.

FNS estimates that of the 53 State agencies, 312 (104 × 3=312) reports will be filed annually for a total of 16,536 (53 × 312=16,536) responses. The estimated average number of burden hours per response is 30 minutes (0.5 hours) resulting in estimated total burden hours of 8,268 (16,536 × 0.5=8,268). There is no change in burden.

7. Section 225.12(a) requires that the State agency shall disallow any portion of a claim for reimbursement and recover any payment to a sponsor not properly payable.

FNS estimates that 53 State agencies will each file 10 (10% of the average number of sponsors ÷ State agency) reports annually for a total of 530 (53 × 10=530). The estimated average number of burden hours per response is 4 hours resulting in an estimated total burden hours of 2,120 (530 × 4=2,120). There is no change in burden.

8. Section 225.18(b)(2) requires that the State agency shall terminate a sponsor’s participation in the program by written notice whenever it is determined by the State

agency that the sponsor has failed to comply.

FNS estimates that of the 53 State agencies, each will file 5 reports (average number of terminated sponsors per year) annually for a total of 265 (53 × 5=265). The estimated average number of burden hours per response is 1 resulting in estimated total burden hours of 265 (265 × 1=265). There is no change in burden.

9. Section 225.7(d)(2) requires that the State agency review sponsors and sites to ensure compliance with program regulations. Per policy guidance, State agencies must validate 100% of claims for sponsors under review.

FNS estimates that 53 State agencies will each validate 467.24 claims per year, resulting in a total of 24,764 annual records. The estimated average number of burden hours per response is 5 minutes (.08 hours) resulting in an estimated total burden hours of 2,055.39 (24,764 × .08=2,055.39). There is no change in burden.

10. Sections 225.6(c)(1), 225.6(c)(4), 225.14(a), and 225.14(c) require that sponsors submit written applications to State agencies for participation in the SFSP. The sponsor must demonstrate financial and administrative capability for Program operations and accept final financial and administrative responsibility for total Program operations at all sites at which it proposes to conduct a food service. In order to do so, sponsors must comply with policy, instructions, guidance, and handbooks issued by FNS.

FNS estimates that there are 3,314 Local and Tribal Government sponsors that will each file 1 report annually for a total of 3,314 responses (3,314 × 1=3,314). The estimated average number of burden hours per response is 39 hours and 30 minutes (39.5 hours) resulting in an estimated total burden hours of 130,903 (3,314 × 39.5=130,903). There is no change in burden.

11. Section 225.6(c)(2) requires that new sponsors and sites, and, as determined by the State agency, sponsors and sites which have experienced significant operational problems, submit site information for each site where a food service operation is proposed.

FNS estimates that of the 5,524 sponsors, 19.31% are new. Therefore, there are 1,066 (5,524 × .1931=1,066) new sponsors and sites, and sites which have experienced significant operational problems. FNS estimates that this includes 640 Local and Tribal Government sponsors, which will each file 1 report annually for a total of 640 responses (640 × 1=640). The estimated average number of burden hours per response is 1 hour resulting in estimated total burden hours of 640 (640 × 1= 640). There is no change in burden.

12. Section 225.6(c)(3) requires that experienced sponsors and sites submit site information for each site where a food service operation is proposed.

FNS estimates that there are 4,458 experienced sponsors and sites that will each file 1 report annually for a total of 4,458 responses (4,458 × 1=4,458). FNS estimates that this includes 2,675 Local and Tribal Government sponsors. The estimated average number of burden hours per response is 1 hour resulting in an estimated total burden hours of 2,675 (2,675× 1= 2,675). There is no change in burden.

13. Sections 225.6(e) and 225.14(c)(7) require that sponsors approved for participation in SFSP enter into written agreements with State agencies to operate the program in accordance with regulatory requirements.

FNS estimates that there are 332 Local and Tribal Government sponsors that will each file 1 report annually for a total of 332 responses (332 x 1 = 332). The estimated average number of burden hours per response is 7 minutes (.12 hours) resulting in estimated total burden hours of 41 (332 × .123=40.84). There is no change in burden.

14. Section 225.6(h)(2)(iii) requires that sponsors provide food service management

Companies (FSMC) with a list of approved sites, along with the approved level for the number of meals which may be claimed for reimbursement for each site.

FNS estimates that approximately 1,929 sponsors (34.93% of 5,524 sponsors) contract with FSMCs. Of these, FNS estimates 1,157 are Local and Tribal Government sponsors that will each file 1 report annually for a total of 1,157

(1,157 × 1=1,157). The estimated average number of burden hours per response is 30 minutes (.5 hours) resulting in estimated total burden hours of 578.50 (1,157 × .5=578.50). There is no change in burden.

15. Section 225.6(h)(3) requires that all meals prepared by a food service management company be unitized unless the sponsors submit requests to State agencies for exceptions to the unitizing requirements for certain components of a meal.

FNS estimates that 1% of sponsors that have contracts with FSMCS will submit 1 of these requests. FNS estimates that 1,157 Local and Tribal Government sponsors hire food service management companies and of these, FNS estimates, 1% of that would file 1 report annually for a total of 11.57 (11.57 × 1=11.57). The estimated average number of burden hours per response is 30 minutes (.5 hours) resulting in estimated total burden hours of 5.79 (11.57 × .5=5.79). There is no change in burden.

16. Sections 225.6(h)(5) and 225.6(h)(2) require that sponsors submit to State agencies copies of the contracts with food service management companies, the bids received, and the reasons why the food service management company was chosen.

FNS estimates that there are approximately 1,157 FSMC contracted with Local and Tribal Governments for SFSP and that sponsors submit 1 report annually for a total of 1,157 annual responses (1,157× 1 = 1,157). The estimated average number of burden hours per response is 20 hours resulting in estimated total burden hours of 23,140 (1,176 × 20 = 23,140). There is no change in burden.

17. Section 225.15(d)(2) requires sponsors to visit each of their sites at least once during the first week of operation under the Program.

FNS estimates that approximately 3,314 Local Tribal Government sponsors complete, on average, 9 first week site visit reports annually, for a total of 29,826 (3,314 x 9=29,826). The estimated average number of burden hours per response is 30 minutes (.50 hours) resulting in estimated burden hours of 14,913 (29,826 x .50=14,913). This change, due to existing monitoring requirements that were previously omitted, resulted in an increase of 14,913 hours as a result of a program change.

18. Section 225.15(d)(3) requires sponsors to review food service operations for all sites at least once during the first four weeks of Program operations, and thereafter maintain a reasonable level of monitoring.

FNS estimates that approximately 3,314 Local Tribal Government sponsors complete, on average, 9 food service reviews annually for a total of 29,826 (3,314 x 9=29,826). The estimated average number of burden hours per response is 2 hours (2.0 hours) resulting in estimated burden hours of 59,652 (29,826 x 2=59,652). This change, due to existing monitoring requirements that were previously omitted, resulted in an increase of 59,652 hours as a result of a program change.

19. Section 225.16(a) requires sponsors to submit to the State agency a copy of their letter advising the appropriate health department of their intention to provide a food service during a specific period at specific sites within two weeks of receiving notification of their approval.

FNS estimates that approximately 3,314 Local and Tribal Government sponsors will submit a copy of their letter to the health department and will each file one report annually for a total of 3,314 (3,314 × 1=3,314). The estimated average number of burden hours per response is 15 minutes (.25 hours) resulting in estimated total burden hours of 828.50 (3,314 × .25=828.50). There is no change in burden.

AFFECTED PUBLIC: BUSINESSES (NON-PROFIT INSTITUTIONS AND CAMPS)

1. Sections 225.6(c)(1), 225.6(c)(4), 225.14(a), and 225.14(c) require that sponsors submit written applications to State agencies for participation in the SFSP. The sponsor must demonstrate financial and administrative capability for Program operations and accept final financial and administrative responsibility for total Program operations at all sites at which it proposes to conduct a food service. In order to do so, sponsors must comply with policy, instructions, guidance, and handbooks issued by FNS.

FNS estimates that there are 2,210 non-profit institution/ camp sponsors that will each file 1 report annually for a total of 2,210 responses (2,210 × 1=2,210). The estimated average number of burden hours per response is 39 hours and 30 minutes (39.5 hours) resulting in an estimated total burden hours of 87,295 (2,210 × 39.5= 87,295). There is no change in burden.

2. Section 225.6(c)(2) requires that new sponsors and sites, and, as determined by the State agency, sponsors and sites which have experienced significant operational problems, submit site information for each site where a food service operation is proposed.

FNS estimates that of the 5,524 sponsors, 19.31% are new. Therefore, there are 1,066 (5,524 × .1931=1,066) new sponsors and sites, and sites which have experienced significant operational problems. FNS estimates this includes 426 non-profit institution/ camp sponsors, which will each file 1 report annually for a total of 426 responses (426 × 1=426). The estimated average number of burden hours per response is 1 hour resulting in estimated total burden hours of 426 (426 × 1= 426). There is no change in burden.

3. Section 225.6(c)(3) requires that experienced sponsors and sites submit site information for each site where a food service operation is proposed.

FNS estimates that there are 1,783 non-profit institution/ camp sponsors that will each file 1 report annually for a total of 1,783 responses (1,783 x 1 = 1,783). The estimated average number of burden hours per response is 1 hour resulting in an estimated total burden hours of 1,783 (1,783× 1= 1,783). There is no change in burden.

3. Sections 225.6(e) and 225.14(c)(7) require that sponsors approved for participation in SFSP enter into written agreements with State agencies to operate the program in accordance with regulatory requirements.

FNS estimates that there are 221 sponsors (10% of the 2,210 non-profit institution/ camp sponsors) that will each file 1 report annually for a total of 221 responses (221 × 1 = 221). The estimated average number of burden hours per response is 7 minutes (.12 hours) resulting in estimated total burden hours of 27 (221 × .12=27). There is no change in burden.

3. Section 225.6(h)(2)(iii) requires that sponsors provide food service management

Companies (FSMC) with a list of approved sites, along with the approved level for the number of meals which may be claimed for reimbursement for each site.

FNS estimates that approximately 1,929 (34.93% of 5,524) sponsors contract with FSMCs. Of these, FNS estimates that 772 FSMCs will each file 1 report annually for a total of 722 (722 × 1=722). The estimated average number of burden hours per response is 30 minutes (.5 hours) resulting in estimated total burden hours of 386 (722 × .5=386). There is no change in burden.

3. Section 225.6(h)(3) requires that all meals prepared by a food service management company be unitized unless the sponsors submit requests to State agencies for exceptions to the unitizing requirements for certain components of a meal.

FNS estimates that 1% of sponsors that have contracts with FSMCS will submit 1 of these requests. FNS estimates that 772 non-profit institution/camp sponsors hire food service management companies, 1% of that would be 7.72 would file 1 report annually for a total of 7.72 (7.72 × 1=7.72). The estimated average number of burden hours per response is 30 minutes (.5 hours) resulting in estimated total burden hours of 7.72 (7.72 × .5=3.86). There is no change in burden.

3. Sections 225.6(h)(5) and 225.6(h)(2) require that sponsors submit to State agencies copies of the contracts with food service management companies, the bids received, and the reasons why the food service management company was chosen.

FNS estimates that there are approximately 772 food service management companies doing business with non-profit institution/camp sponsors in the SFSP and that sponsors submit 1 report annually for a total of 772 annual responses (772× 1 = 772). The estimated average number of burden hours per response is 20 hours resulting in estimated total burden hours of 15,440 (772 × 20 = 15,440). There is no change in burden.

3. Section 225.15(d)(2) requires sponsors to visit each of their sites at least once during the first week of operation under the Program.

FNS estimates that approximately 2,210 nonprofit institution/camp sponsors, complete on average, 9 first week site visit reports annually, for a total of 19,890 (2,210 x 9=19,890). The estimated average number of burden hours per response is 30 minutes (.50 hours) resulting in estimated burden hours of 9,945 hours (19,890 x .50=9,945). This change, due to existing monitoring requirements that were previously omitted, resulted in an increase of 9,945 hours because of a program change.

3. Section 225.15(d)(3) requires sponsors to review food service operations for all sites at least once during the first four weeks of Program operations, and thereafter maintain a reasonable level of monitoring.

FNS estimates that approximately 2,210 nonprofit institutions/camp sponsors, complete on average approximately 9 food service reviews annually for a total of 19,890 (2,210 x 9=19,890). The estimated average number of burden hours per response is 2 hours (2.0 hours) resulting in estimated burden hours of 39,780 (19,890 x 2.0=39,780). This change, due to existing monitoring requirements that were previously omitted, resulted in an increase of 39,780 hours as a result of a program change.

3. Section 225.16(a) requires sponsors to submit to the State agency a copy of their letter advising the appropriate health department of their intention to provide a food service during a specific period at specific sites within two weeks of receiving notification of their approval.

FNS estimates that approximately 2,210 non-profit institution/camp sponsors will submit a copy of their letter to the health department and will each file one report annually for a total of 2,210 (2,210 × 1=2,210). The estimated average number of burden hours per response is 15 minutes (.25 hours) resulting in estimated total burden hours of 553 (2,210 × .25=553). There is no change in burden.

3. Section 225.6(c)(5) requires that camps submit copies of hearing procedures.

FNS estimates that 333 camps participate in the SFSP. Each camp will file 1 report annually for a total of 333 responses (333 × 1=333). The estimated average number of burden hours per response is 15 minutes (.25 hours) resulting in an estimated total burden hours of 83.25 (333 × .25=83.25). There is no change in burden.

AFFECTED PUBLIC: HOUSEHOLDS

1. Section 225.15(f) requires households enrolled in camps or closed enrolled sites to read instructions, complete free meal applications, and return to camps and sites.

FNS estimates that 58,365 households participate in SFSP camps or other sites where applications are used to determine the eligibility of individual children. Each household will file 1 report annually for a total of 58,365 responses (58,365 × 1=58,365). The estimated average number of burden hours per response is 30 minutes (.5 hours) resulting in estimated total burden hours of 29,182.50 (58,365 × .5=29,182.50). There is no change in burden.

2. Section 225.15(j) requires households to provide written consent for sponsors to use or disclose information.

FNS estimates that 58,365 households participate in SFSP sites where written consent from children’s parents or guardian are required. Each household will file 1 report annually for a total of 58,365 responses (58,365 × 1=58,365). The estimated average number of burden hours per response is 15 minutes (.25 hours) resulting in estimated total burden hours of 14,591.25 (58,365 × .25=14,591.25). There is no change in burden.

RECORDKEEPING REQUIREMENTS

AFFECTED PUBLIC: STATE, LOCAL, AND TRIBAL GOVERNMENTS

1. Section 225.8(a), 225.7(d)(5) and 225.13(d) require state agencies to maintain accurate accounting records for reviews, appeals, and accounting for three years.

FNS estimates that 53 state agencies will maintain 39 records for reviews resulting in 2,067 total records (53 × 39=2,067). The estimated average number of burden hours per each record is 5 minutes (0.08 hours) resulting in 165.36 hours (2067 × .08=165.36). Similarly, FNS estimates that 53 state agencies will each maintain 2 appeal records resulting in 106 records (53 × 2=106) and estimated average number of burden hours per each record is 5 minutes (0.08 hours) resulting in 8.48 hours (106 × 0.08=8.48). For accounting records 53 state agencies will each maintain 104 records resulting in 5,512 (53 ×104) and estimated average time per each record is 5 minutes (0.08 hours) resulting in estimated total burden hours of 440.96 (5,512 × 0.08=440.96). There is no change in burden.

2. Sections 225.15(a), 225.15(c), and 225.15(g) require sponsors to maintain records that justify all costs and meals claimed.

FNS estimates that 3,314 Local/Tribal Government sponsors will each maintain 1 record for a total of 3,314 records. The estimated average burden for each record is 5 minutes (0.08 hours) resulting in a total of 265.12 burden hours (3,314x 0.08=265.12). There is no change in burden.

AFFECTED PUBLIC: BUSINESSESS (NON-PROFIT INSTITUTIONS AND CAMPS)

1. Sections 225.15(a), 225.15(c), and 225.15(g) require sponsors to maintain records that justify all costs and meals claimed.

FNS estimates that 2,210 sponsors will each maintain 1 record for a total of 2,210 records. The estimated average burden for each record is 5 minutes (0.08 hours) resulting in a total of 176 hours and 48 minutes (.80 hours) burden hours (2,210 x 0.08=176.80). There is no change in burden.

2. Section 225.16(b)(1) requires camps and sponsors to maintain copies of the documentation establishing the eligibility of children receiving meals and all other meal service requirement information.

FNS estimates that 840 non-profit institution/camp sponsors will each maintain 104 records resulting in 87,360 (840 x 104=87,360) records. The estimated average burden hours for each record are 5 minutes (0.08 hours) resulting in a total of 6,988.80 hours (87,360 x 0.08=6,988.80). Sponsors who collect eligibility forms are required to maintain copies of the documentation. Of the 2,210 non-profit institutions/camp sponsors in SFSP, FNS estimates that 38% are closed enrolled sites or camps and therefore collect income eligibility documents There is no change in burden.

3. Section 225.6(c)(5)(xii) requires that camps maintain records of hearings for three years.

FNS estimates that 333 camps participate in the SFSP. Each camp will maintain 1 record of hearing annually for a total of 333 responses (333 × 1=333). The estimated average number of burden hours per response is 18 minutes (.3 hours) resulting in estimated total burden hours of 99 hours and 54 minutes (.9 hours) (333 × .3=99.9). There is no change in burden.

AFFECTED PUBLIC: HOUSEHOLDS

There are no burden hours associated with record keeping requirements for the households.

PUBLIC DISCLOSURE REQUIREMENTS

AFFECTED PUBLIC: STATE, LOCAL, AND TRIBAL GOVERNMENTS

1. Section 225.15(e) requires sponsors to annually announce in the media serving the area from which it draws its attendance the availability of free meals. Per FNS policy guidance SFSP 07-2014, Expanding Awareness and Access to Summer Meals, November 12, 2013, FNS encourages State agencies to complete this requirement for all sponsors in their State through an all-inclusive statewide media release.

FNS estimates that approximately 53 State agencies will make an announcement in the media once a year for a total of 53 (53 × 1=53). The estimated average number of burden hours per response is 0.25 resulting in estimated total burden hours of 13 (53 × 0.25=13).

2. Section 225.15(e) requires sponsors to annually announce in the media serving the area from which it draws its attendance the availability of free meals.

FNS estimates that approximately 3,314 Local/Tribal Government sponsors will make an announcement in the media once a year for a total of 3,314 (3,314 × 1=3,314). The estimated average number of burden hours per response is 15 minutes (.25 hours) resulting in estimated total burden hours of 828 (3,314 × .25=828).

AFFECTED PUBLIC: BUSINESSESS (NON-PROFIT INSTITUTIONS AND CAMPS)

1. Section 225.15(e) requires sponsors to annually announce in the media serving the area from which it draws its attendance the availability of free meals.

FNS estimates that approximately 2,210 non-profit institution/camp sponsors will make an announcement in the media once a year for a total of 2,210 (2,210 × 1=2,210). The estimated average number of burden hours per response is 15 minutes (.25 hours) resulting in estimated total burden hours of 553 (2,210 × .25=553).

AFFECTED PUBLIC: HOUSEHOLDS

There are no burden hours associated with public disclosure requirements for the households.

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