Emergency ICR for FNS regulation On Establishing Summer EBT and Rural Non-congregate Option in Summer Meals Program

Forms and Documents

Document Name	Status
December 19 2023 Emergency Information Collection Related to CNs Summer EBT IFR (002).pdf Supporting Statement A	2023-12-20

IC Document Collections

IC ID	Document Title	Status
264014	Business	New
264006	State Agencies	New

ICR Details

OMB Control No:	ICR Reference No: 202312-0584-004
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: USDA/FNS	Agency Tracking No:
Title: Emergency ICR for FNS regulation On Establishing Summer EBT and Rural Non-congregate Option in Summer Meals Program
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 12/22/2023
Date Submitted to OIRA: 12/20/2023

	Requested	Previously Approved
Expiration Date	6 Months From Approved
Responses	317,055,068	0
Time Burden (Hours)	49,722,166	0
Cost Burden (Dollars)	0	0

---

Abstract: USDA’s Food and Nutrition Service (FNS) is requesting emergency approval under PRA to conduct information collections necessitated by a new FNS regulation entitled, “Implementing Provisions from the Consolidated Appropriations Act, 2023: Establishing the Summer EBT Program and Rural Non-congregate Option in the Summer Meal Programs (0584-AE96).” This interim final rule will codify provisions of the Consolidated Appropriations Act of 2023 that provides State agencies operating the Summer Food Service Program (SFSP) the option to provide non-congregate meal service in rural areas with no congregate meal service and establishes a permanent summer electronic benefits transfer for children program (Summer EBT). As a result, the changes to SFSP meal delivery would provide flexibilities to program operators, including home delivery and parent pick-up meal service options, that would increase opportunities to rural children and families to benefit from SFSP. Likewise, the Summer EBT Program will ensure continued access to food when school is not in session for the summer. In order for this rule to be properly implemented, information must be submitted to and collected by FNS, thereby necessitating this emergency clearance.

Emergency Justfication: Emergency approval is needed so that FNS can collect this information immediately upon publication and effectiveness of this Interim Final Rule (IFR). The use of normal clearance procedures was not possible in this circumstance. Comments received through the IFR will be used to inform the final collection of information. A statutory requirement at 42 U.S.C. 1762(a) establishes a new program and specifies that it must begin in Summer 2024. In addition, statutory requirements established at 42 U.S.C. 1761(a)(13)(F) and 42 U.S.C. 1762(f) specify that the promulgation of regulations (to include interim final regulations) must occur not later than December 29, 2023. A delay in collecting required data associated with these regulatory provisions would prevent the initiation of a new program, impede program stakeholders' ability to timely implement these regulatory provisions in support of Summer 2024 program operations, and interfere with the provision of nutritious meals to children when school is not in session, all of which conflict with statutory Congressional direction.

---

Authorizing Statute(s): PL: Pub.L. 117 - 328 502 Name of Law: Consolidated Appropriations Act, 2023
   US Code: 42 USC 1761 and 1762 Name of Law: Richard B. Russell National School Lunch Act (NSLA)
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Business
State Agencies

---

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	317,055,068	0	0	317,055,068	0	0
Annual Time Burden (Hours)	49,722,166	0	0	49,722,166	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new emergency information collection that will add 49,722,166 estimated burden hours and 317,055,068 annual responses to the OMB information collection inventory.

---

Annual Cost to Federal Government:

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/20/2023

---