Attachment B. Estimate of the Information Collection Burden (Narrative) for the final rule, Child Nutrition Programs: Meal Patterns Consistent with the 2020-2025 Dietary Guidelines for Americans

Attachment B. CACFP Burden Narrative 0584-0055 4.16.24.docx

Child and Adult Care Food Program (CACFP)

Attachment B. Estimate of the Information Collection Burden (Narrative) for the final rule, Child Nutrition Programs: Meal Patterns Consistent with the 2020-2025 Dietary Guidelines for Americans

OMB: 0584-0055

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Attachment B: Estimate of the Information Collection Burden (Narrative) for the final rule, Child Nutrition Programs: Meal Patterns Consistent with the 2020-2025 Dietary Guidelines for Americans



Child and Adult Care Food Program (CACFP) (OMB #0584-0055)



This document explains the calculation of the information collection burden for the Child and Adult Care Food Program (CACFP) – 7 CFR Part 226, OMB Control No. 0584-0055. This collection is a revision to add the recordkeeping requirements resulting from the final rule, Child Nutrition Programs: Meal Patterns Consistent with the 2020-2025 Dietary Guidelines for Americans (RIN 0584-AE88).



REPORTING REQUIREMENTS


AFFECTED PUBLIC: STATE, LOCAL, AND TRIBAL GOVERNMENT


State Agencies (SAs)


This section of the burden narrative describes the burden associated with State government agencies.


  1. Section 226.3(c) requires SAs that have been approved to administer the Program to enter into written agreement with FNS for the administration of the Program in the State (Federal/State agreement).


Ongoing burden hours: FNS estimates that the burden for entering into written agreement with FNS is 0 hours because the burden for completing the FNS-74 form will be captured in the upcoming renewal of the State Administrative Expense (SAE) Funds Information Collection Request (ICR), OMB Control Number 0584‑0067. There is no change in the burden.


  1. Section 226.6(b)(1) requires SAs to review applications submitted by new institutions.


Ongoing burden hours: FNS estimates that 56 SAs will each review 5 applications annually, for a total of 280 responses (56 x 5 = 280). The estimated average number of burden hours per response is 1 hour, resulting in a total estimated burden of 280 hours (280 x 1 = 280). There is no change in the burden.


  1. Section 226.6(b)(2) requires SAs to review updated documentation submitted by renewing institutions.


Ongoing burden hours: FNS estimates that 56 SAs will each review documentation from 390 renewing institutions annually, for a total of 21,840 responses (56 x 390 = 21,840). The estimated average number of burden hours per response is 30 minutes (0.5 hours), resulting in a total estimated burden of 10,920 hours (21,840 x 0.5 = 10,920). There is no change in the burden.

  1. Section 226.6(b)(3) requires SAs to notify an institution of approval or disapproval of its application within 30 calendar days of receipt of a complete application. The agreement shall contain an assurance that the State agency will comply with policy, instructions, guidance, and handbooks issued by FNS.


Ongoing burden hours: FNS estimates that 56 SAs will each send 15 notices annually, for a total of 840 responses (56 x 15 = 840). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 210 hours (840 x 0.25 = 210). There is no change in the burden.


  1. Section 226.6(b)(4) requires SAs to enter into written agreement with an institution that has been approved for participation in the Program (State/Institution agreement).


Ongoing burden hours: FNS estimates that 56 SAs will each enter into a written agreement with 5 new institutions annually, for a total of 280 responses (56 x 5 = 280). The estimated average number of burden hours per response is 30 minutes (0.5 hours), resulting in a total estimated burden of 140 hours (280 x 0.5 = 140). There is no change in the burden.


  1. Sections 226.6(c)(1)(iii)(A), 226.6(c)(2)(iii)(A), 226.6(c)(3)(iii)(A), and 226.6(c)(6)(ii)(A) require SAs to notify an institution’s executive director and chairman of the board of directors that the institution has been determined to be seriously deficient. At the same time the notice is issued, the SAs must add the institution to the SA list, along with the basis for the serious deficiency determination, and provide a copy of the notice to the appropriate FNS Regional Office (FNSRO).


Ongoing burden hours: FNS estimates that 56 SAs will each send 10 notices annually, for a total of 560 responses (56 x 10 = 560). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 140 hours (560 x 0.25 = 140). There is no change in burden.


  1. Sections 226.6(c)(1)(iii)(B), 226.6(c)(2)(iii)(B), 226.6(c)(3)(iii)(B), and 226.6(c)(6)(ii)(C) require SAs to submit a copy of successful corrective action (temporary deferment or serious deficiency determination) notices to FNSRO for new, renewing, and participating institutions.


Ongoing burden hours: FNS estimates that 56 SAs will each send 7 notices annually, for a total of 392 responses (56 x 7 = 392). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 98 hours (392 x 0.25 = 98). There is no change in the burden.


  1. Sections 226.6(c)(1)(iii)(B), 226.6(c)(2)(iii)(B), 226.6(c)(3)(iii)(B), and 226.6(c)(6)(ii)(C) require SAs to submit a copy of successful corrective action (temporary deferment or serious deficiency determination) notices to FNSRO for new, renewing, and participating institutions.


Ongoing burden hours: FNS estimates that 56 SAs will each send 7 notices annually, for a total of 392 responses (56 x 7 = 392). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 98 hours (392 x 0.25 = 98). There is no change in the burden.

  1. Sections 226.6(c)(1)(iii)(C), 226.6(c)(2)(iii)(C), 226.6(c)(3)(iii)(C), and 226.6(c)(6)(ii)(D) require SAs to submit a copy of application denial and proposed disqualification notice to FNSRO.


Ongoing burden hours: FNS estimates that 56 SAs will each send 3 notices annually, for a total of 168 responses (56 x 3 = 168). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 42 hours (168 x 0.25 = 42). There is no change in the burden.

  1. Sections 226.6(c)(1)(iii)(E), 226.6(c)(2)(iii)(D), 226.6(c)(3)(iii)(E), and 226.6(c)(5)(i)(C) require SAs submit copies of disqualification notices to the FNSRO for new, renewing, and participating institutions.


Ongoing burden hours: FNS estimates that 56 SAs will each send 3 notices annually, for a total of 168 responses (56 x 3 = 168). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 42 hours (168 x 0.25 = 42). There is no change in the burden.


  1. Section 226.6(c)(3)(i) states that, if a SA holds an agreement with an institution operating in more than one State that has been disqualified from the Program by another SA and has been placed on the National Disqualified List, the SA must terminate the institution’s agreement effective no later than 45 days from the date of the institution’s disqualification by the other SA.


Ongoing burden hours: FNS estimates that 56 SAs will each send 3 notices annually, for a total of 168 responses (56 x 3 = 168). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 42 hours (168 x 0.25 = 42). There is no change in the burden.


  1. Sections 226.6(c)(1)(iii)(E), 226.6(c)(2)(iii)(D), 226.6(c)(3)(i), 226.6(c)(3)(iii)(E), 226.6(c)(5)(i)(C), and 226.6(c)(6)(ii)(E) require SAs to submit copies of disqualification notices and supportive documentation to the FNSRO.


Ongoing burden hours: FNS estimates that 56 SAs will each send 3 notices and supportive documentation annually, for a total of 168 responses (56 x 3 = 168). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 42 hours (168 x 0.25 = 42). There is no change in the burden.


  1. Sections 226.6(c)(5)(i)(A)-(B), 226.6(c)(5)(ii)(A)-(B), 226.6(c)(5)(ii)(B), 226.6(c)(5)(ii)(D), and 226.6(c)(6)(ii)(B) require SAs to submit copies of proposed suspension of participation notices to the FNSRO.


Ongoing burden hours: FNS estimates that 56 SAs will each submit 1 notice annually, for a total of 56 responses (56 x 1 = 56). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 14 hours (56 x 0.25 = 14). There is no change in the burden.


  1. Section 226.6(c)(6)(ii)(G) requires SAs to terminate an institution's agreement no later than 45 days after the date of the institution’s disqualification if FNS determines that institution to be seriously deficient and subsequently disqualifies the institution. At the same time the notice of termination is issued, the SA must add the institution to the State agency list and provide a copy of the notice to the appropriate FNSRO.


Ongoing burden hours: FNS estimates that 56 SAs will each send 3 notices annually, for a total of 168 responses (56 x 3 = 168). The estimated average number of burden hours per response is 15 minutes (0.25 hours), resulting in a total estimated ongoing burden of 42 hours (168 x 0.25 = 42). There is no change in the burden.


  1. Section 226.6(c)(8)(C)(ii) states that the SA must provide the appropriate FNSRO the name, mailing address, and date of birth of each day care home provider whose agreement is terminated for cause, within 10 days of receiving a notice of termination and disqualification from a sponsoring organization.


Ongoing burden hours: FNS estimates that 56 SAs will each provide the required information for 12 sponsoring organizations annually, for a total of 672 responses (56 x 12 = 672). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 168 hours (672 x 0.25 = 168). There is no change in burden.


  1. Sections 226.6(d)(1) and 226.6(e) require SAs to establish licensing/compliance review procedures for child care centers, at-risk afterschool care centers, day care homes, outside-school hours care centers, and adult day centers. Because SAs currently administer the Program in accordance with licensing/compliance review procedures, now the burden associated with this requirement is to revise/update the established procedures, as necessary.


Ongoing burden hours: FNS estimates that 10 SAs will each revise/update 1 established procedure annually for a total of 10 responses (10 x 1 = 10). The estimated average burden per response is 1 hour, resulting in a total estimated burden of 10 hours (10 x 1= 10). There is no change in burden.


  1. Section 226.6(d)(3) requires SAs to establish alternate procedures for review of institutions for which licensing or approval is not available.


Ongoing burden hours: FNS estimates that 10 SAs will each establish 1 alternate procedure annually, for a total of 10 responses (10 x 1 = 10). The estimated average burden per response is 3 hours, resulting in a total estimated burden of 30 hours (10 x 3 = 30). There is no change in burden.


  1. Section 226.6(e)(1)(ix)(A) requires SAs to coordinate with the NSLP State agency to ensure the receipt of a list of schools in the State in which at least one-half of the children enrolled are certified eligible to receive free or reduced-price meals.


Ongoing burden hours: FNS estimates that 56 SAs will each coordinate with the NSLP State agency once annually, for a total of 56 responses (56 x 1 = 56). The estimated average number of burden hours per response is 30 minutes (0.5 hours), resulting in a total estimated burden of 28 hours (56 x 0.5 = 28). There is no change in the burden.


  1. Section 226.6(f)(1)(i) requires SAs to annually inform institutions that are pricing programs of their responsibility to ensure that free and reduced-price meals are served to participants unable to pay the full price.


Ongoing burden hours: FNS estimates that 56 SAs will each inform institutions once annually, for a total of 56 responses (56 x 1 = 56). The estimated average number of burden hours per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 14 hours (56 x 0.25 = 14). There is no change in the burden.


  1. Section 226.6(f)(1)(ii) requires SAs to annually provide all institutions a copy of the income standards to be used by institutions for determining the eligibility of participants for free and reduced-price meals under the Program. These standards are provided in Appendix E5. Child Nutrition Programs Income Eligibility Guidelines.


Ongoing burden hours: FNS estimates that 56 SAs will each provide 1 copy of the income standards annually, for a total of 56 responses (56 x 1 = 56). The estimated average burden per response is 30 minutes (0.50 hours), resulting in a total estimated burden of 28 hours (56 x 0.50 = 28). There is no change in burden.


  1. Section 226.6(f)(1)(viii)(A) requires SAs provide day care home sponsoring organizations a list of elementary schools in which at least one-half of the children enrolled receive free/reduced-price meals on an annual basis.


Ongoing burden hours: FNS estimates that 56 SAs will each provide 11 lists annually, for a total of 616 responses (56 x 11 = 616). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 154 hours (616 x 0.25 = 154). There is no change in the burden.


  1. Section 226.6(f)(1)(viii)(D) requires SAs to provide day care home sponsors a listing of State-funded programs, participation in which a parent or child will qualify for a meal served to a child in a tier II home for the tier I rate of reimbursement on an annual basis.


Ongoing burden hours: FNS estimates that 56 SAs will each provide 11 lists annually, for a total of 616 responses (56 x 11 = 616). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 154 hours (616 x 0.25 = 154). There is no change in the burden.


  1. Section 226.6(f)(1)(viii)(E) requires SAs to submit to the SNAP SA a list of family day care home providers receiving Tier I benefits on an annual basis.


Ongoing burden hours: FNS estimates that 56 SAs will each submit 1 list annually, for a total of 56 responses (56 x 1 = 56). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 14 hours (56 x 0.25 = 14). There is no change in burden.


  1. Section 226.6(f)(1)(ix)(A) requires SAs to provide at-risk-afterschool care centers and sponsoring organizations the list of schools in which one-half of children enrolled are eligible for free/reduced-price meals on an annual basis.


Ongoing burden hours: FNS estimates that 56 SAs will each provide 1 list annually, for a total of 56 responses (56 x 1 = 56). The estimated average burden per response is 2 hours, resulting in a total estimated burden of 112 hours (56 x 2 = 112). There is no change in the burden.


  1. Section 226.6(f)(3)(iii) requires SAs to provide census data to day care home sponsoring organizations.


Ongoing burden hours: FNS estimates that 56 SAs will each provide 11 census data sets annually, for a total of 616 responses (56 x 11 = 616). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 154 hours (616 x 0.25 = 154). There is no change in the burden.


  1. Section 226.6(h) requires SAs to submit, to the State commodity distribution agency, a list of institutions receiving commodities, by June 1 of each year.


Ongoing burden hours: FNS estimates that 15 SAs will each submit 1 list annually, for a total of 15 responses (15 x 1 = 15). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 3.75 hours (15 x 0.25 = 3.75). There is no change in burden.


  1. Section 226.6(i) requires SAs to develop a standard contract in accordance with section 226.21 for use between institutions and food service management companies. The contract must stipulate the requirements under 226.6(i), as well as adherence to procurement provisions.


Ongoing burden hours: FNS estimates that 56 SAs will each develop 1 standard contract annually, for a total of 56 responses (56 x 1 = 56). The estimated average burden per response is 1 hour, resulting in a total estimated burden of 56 hours (56 x 1 = 56). There is no change in the burden.


  1. Section 226.6(k)(4)(i) requires SAs to annually submit administrative review (appeal) procedures to all institutions.


Ongoing burden hours: FNS estimates that 56 SAs will each submit 390 administrative review procedures annually, for a total of 21,840 responses (56 x 390 = 21,840). The estimated average burden per response is approximately 1 minute (0.0167 hours), resulting in a total estimated burden of approximately 364 hours and 44 minutes (364.7280 hours) (21,840 x 0.0167 = 364.7280). There is no change in the burden.


  1. Section 226.6(k)(4)(ii) requires each SA to submit administrative review (appeal) procedures when applicable action is taken.


Ongoing burden hours: FNS estimates that 56 SAs will each submit 5 reports annually for a total of 280 responses (56 x 5 = 280). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 70 hours (280 x 0.25 = 70). There is no change in burden.


  1. Section 226.6(k)(5)(i) requires SAs to notify the institution's executive director and chairman of the board of directors, and the responsible principals and responsible individuals, of the action being taken or proposed, the basis for the action, and the procedures under which the institution and the responsible principals or responsible individuals may request an administrative review (appeal) of the action.


Ongoing burden hours: FNS estimates that 56 SAs will each notify 3 institutions annually, for a total of 168 responses (56 x 3 = 168). The estimated average number of burden hours per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 42 hours (168 x 0.25 = 42). There is no change in the burden.

  1. Section 226.6(k)(5)(ii) requires the Administrative Review Official to acknowledge the receipt of the request for an administrative review (appeal) within 10 days of its receipt of the request.


Ongoing burden hours: FNS estimates that 56 SAs will each acknowledge the receipt of a request from 3 institutions annually, for a total of 168 responses (56 x 3 = 168). The estimated average number of burden hours per response is approximately 5 minutes (0.0835 hours), resulting in a total estimated burden of approximately 14 hours and 2 minutes (14.0280 hours) (168 x 0.0835 = 14.0280). There is no change in the burden.

  1. Section 226.6(k)(5)(v) requires the Administrative Review Official to review documentation submitted to refute the findings contained in the notice of action.


Ongoing burden hours: FNS estimates that 56 SAs will each review documentation from 3 institutions annually, for a total of 168 responses (56 x 3 = 168). The estimated average number of burden hours per response is 2 hours, resulting in a total estimated ongoing burden of 336 hours (168 x 2 = 336). There is no change in the burden.


  1. Section 226.6(k)(5)(vi) requires the Administrative Review Official to hold a hearing if requested in the written request for an administrative review (appeal).


Ongoing burden hours: FNS estimates that 56 SAs will each hold 3 hearings annually, for a total of 168 responses (56 x 3 = 168). The estimated average number of burden hours per response is 4 hours, resulting in a total estimated ongoing burden of 672 hours (168 x 4 = 672). There is no change in the burden.


  1. Sections 226.6(k)(5)(ix) and 226.6(k)(9) require the Administrative Review Official to inform the SA, the institution's executive director, and chairman of the board of directors, and the responsible principals and responsible individuals, of the administrative review's outcome within 60 days of the State agency's receipt of the request for an administrative review.


Ongoing burden hours: FNS estimates that 56 SAs will each inform of the outcome of 3 administrative reviews annually, for a total of 168 responses (56 x 3 = 168). The estimated average number of burden hours per response is 30 minutes (0.5 hours), resulting in a total estimated burden of 84 hours (168 x 0.5 = 84). There is no change in the burden.


  1. Section 226.6(l) mandates that the SA establish/revise administrative review (appeal) procedures for day care home providers AND notify the appropriate FNSRO of any change to the procedures or the selected option for offering an administrative review (appeal) to day care home providers.


Ongoing burden hours: FNS estimates that 18 SAs will each establish/revise procedures and send 1 notice annually for a total of 18 responses (18 x 1 = 18). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 4 hours and 30 minutes (4.5 hours) (18 x 0.25 = 4.50). There is no change in burden.


  1. Section 226.6(m)(5) states that SAs must submit to FNSROs, no later than April 1, 2005, the policies and procedures they have developed governing household contacts. Because SAs have already submitted these policies and procedures, now the burden associated with this requirement is to revise/update the established procedures, as necessary.


Ongoing burden hours: FNS estimates that 15 SAs will each submit to FNSRO revisions/edits to household contact policies once a year, for a total of 15 responses (15 x 1 = 15). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 3 hours and 45 minutes (3.75 hours) (15 x 0.25 = 3.75). There is no change in burden.


  1. Section 226.6(m)(6) requires SAs to annually review at least 33.3 percent of all institutions. As part of its conduct of reviews, the SA must assess each institution's compliance with the requirements of 7 CFR 226 pertaining to: recordkeeping; meal counts; administrative costs; FNS instructions and handbooks; facility licensing and approval (if sponsoring organization); participant enrollment and eligibility; Civil Rights requirements; meal service; training and monitoring of facilities (if sponsoring organization); serious deficiency and termination procedures (if sponsoring organization); classification of Tier I and Tier II day care homes (if sponsoring organization); agreements; procurement standards, policies and actions; and all other Program requirements.


Ongoing burden hours: FNS estimates that 56 SAs will each review 129 institutions annually, for a total of 7,224 responses (56 x 129 = 7,224). The estimated average number of burden hours per response is 20 hours, resulting in a total estimated burden of 144,480 hours (7,224 x 20 = 144,480). There is no change in the burden.


  1. Section 226.6(p) requires SAs develop/revise and provide sponsoring organization agreement between sponsor and facilities.


Ongoing burden hours: FNS estimates that 15 SAs will each provide a revised agreement once a year, for a total of 15 responses (15 x 1 = 15). The estimated average burden per response is 6 hours, resulting in a total estimated burden of 90 hours (15 x 6 = 90). There is no change in the burden.

  1. Sections 226.6(r) requires SAs to provide information on the importance and benefits of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and WIC income eligibility guidelines to participating institutions.


Ongoing burden hours: FNS estimates that 56 SAs will each disseminate information once annually, for a total of 56 responses (56 x 1 = 56). The estimated average number of burden hours per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 14 hours (56 x 0.25 = 14). There is no change in the burden.


  1. Section 226.7(c) requires that each SA submit to the FNSRO a written plan for correcting serious deficiencies noted in Management Evaluations/Audits.

Ongoing burden hours: FNS estimates that 28 SAs will each submit 1 written plan annually, for a total of 28 responses (28 x 1 = 28). The estimated average burden per response is 5 hours, resulting in a total estimated burden of 140 hours (28 x 5 = 140). There is no change in burden.


  1. Sections 226.7(d) requires SAs to submit CACFP Report to FNS 30 and 90 days following the month being reported.


Ongoing burden hours: The burden for submitting the CACFP Reports to FNS is 0 hours because the burden is already captured in the Food Programs Reporting System (FPRS) ICR, OMB Control Number 0584‑0594, Form FNS-44. There is no change in burden.


  1. Section 226.7(e) requires SAs submit an annual plan for the use of State administrative expense funds.


Ongoing burden hours: FNS estimates that 56 SAs will each submit 1 plan annually, for a total of 56 responses (56 x 1 = 56). The estimated average burden per response is 2 hours, resulting in a total estimated burden of 112 hours (56 x 2 = 112). There is no change in the burden.


  1. Sections 226.7(g) requires SAs to review institutions’ budgets on an annual basis.


Ongoing burden hours: FNS estimates that 56 SAs will each review 390 budgets annually, for a total of 21,840 responses (56 x 390 = 21,840). The estimated average number of burden hours per response is 2 hours, resulting in a total estimated burden of 43,680 hours (21,840 x 2 = 43,680). There is no change in the burden.


  1. Sections 226.7(h), 226.7(i), and 226.7(j) require SAs to establish procedures for start-ups, advances, and recovery of over-payments. Annually, SAs revise/edit these policies, as necessary.


Ongoing burden hours: FNS estimates that 10 SAs will each revise/edit their policies once a year, for a total of 10 responses (10 x 1 = 10). The estimated average burden per response is 2 hours, resulting in a total estimated burden of 20 hours (10 x 2 = 20). There is no change in burden.


  1. Section 226.7(k) requires each SA to process claims for reimbursement to institutions on a monthly basis.


Ongoing burden hours: FNS estimates that 56 SAs will each process claims for reimbursement 12 times each year, for a total of 672 responses (56 x 12 = 672). The estimated average burden per response is 1 hour, resulting in a total estimated burden of 672 hours (672 x 1 = 672). There is no change in burden.


  1. Section 226.9(a) requires each SA to annually assign rates of reimbursement to institutions on the basis of family-size and income information, and national average payment rates.


Ongoing burden hours: FNS estimates that 56 SAs will each adjust assigned rates of reimbursement once a year, for a total of 56 responses (56 x 1 = 56). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 14 hours (56 x 0.25 = 14). There is no change in burden.


  1. Section 226.10(e) requires SAs make adjustments to a final Claim for Reimbursement postmarked and/or submitted to the SA no later than 60 days following the last day of the full month covered by the claim.


Ongoing burden hours: FNS estimates that 56 SAs will each make adjustments to final Claims for Reimbursement 12 times a year, for a total of 672 responses (56 x 12 = 672). The estimated average burden per response is 2 hours, resulting in a total estimated burden of 1,344 hours (672 x 2 = 1,344). There is no change in burden.


  1. Section 226.14(a) mandates that SAs notify institutions of disallowed claim and demand repayment.


Ongoing burden hours: FNS estimates that 56 SAs will each send 39 notices annually, for a total of 2,184 responses (56 x 39 = 2,184). The estimated average burden per response is approximately 1 minute (0.0167 hours), resulting in a total estimated burden of approximately 36 hours and 29 minutes (36.4728 hours) (2,184 x 0.0167 = 36.4728). There is no change in the burden.


  1. Section 226.23(l) states that SAs must obtain written consent from children’s parents or guardians prior to the use or disclosure of information, if the SA plans to use or disclose information about children eligible for free/reduced-price meals in ways not specified in the regulations.


Ongoing burden hours: FNS estimates that none of the 56 SAs plan to use or disclose information about children eligible for free/reduced-price meals in ways not specified in the regulations. Therefore, the total burden hours associated with this requirement is 0. There is no change in burden.


  1. Sections 226.23(m)(1) and 226.23(m)(2) state that SAs should enter into a written agreement with the party requesting children’s free/reduced-price eligibility information.


Ongoing burden hours: FNS estimates that all 56 SAs already have entered into written agreements with the parties requesting children’s free/reduced-price eligibility information. Therefore, the total burden hours associated with this requirement is 0. There is no change in burden.


  1. Section 226.24 states that administering agencies must follow the policies and procedures governing title, use, and disposition of equipment obtained by purchase, whose cost was acquired in whole or part with food service equipment assistance funds.


Ongoing burden hours: FNS believes that all administering agencies have already established the policies and procedures governing the use, title, and disposition of equipment. Therefore, the total burden hours associated with this requirement is 0. There is no change in burden.


Local Government Agencies


FNS estimates that, in total, there are 21,858 institutions. Of these, 3,257 are local government agencies (14.9%) and 18,601 are businesses (85.1%). This section of the burden narrative describes the burden associated with institutions that are local government agencies.


  1. Section 226.6(b)(4) requires an institution that has been approved for participation in the Program to enter into written agreement with the SA (State/Institution agreement).


Ongoing burden hours: FNS estimates that 42 institutions that are local government agencies will each enter into 1 written agreement with SAs annually, for a total of 42 responses (42 x 1 = 42). The estimated average number of burden hours per response is 30 minutes (0.5 hours), resulting in a total estimated burden of 21 hours (42 x 0.5 = 21). There is no change in the burden.


  1. Sections 226.6(d), 226.6(e), and 226.6(f)(1)(vi) require that sponsors and institutions submit documentation to SAs to demonstrate that facilities are in compliance with licensing/approval criteria.


Ongoing burden hours: FNS estimates 3,257 institutions that are local government agencies will each submit 1 set of documentation annually, for a total of 3,257 responses (3,257 x 1 = 3,257). The estimated average burden per response is approximately 5 minutes (0.0835 hours), resulting in a total estimated burden of approximately 271 hours and 58 minutes (271.9595 hours) (3,257 x 0.0835 = 271.9595). There is no change in the burden.


  1. Section 226.6(f)(1)(iii) requires centers to submit current eligibility information on enrolled participants, in order to calculate a blended rate or claiming percentage in accordance with section 226.9(b).


Ongoing burden hours: FNS estimates 3,257 institutions that are local government agencies will each submit eligibility information 12 times each year, for a total of 39,084 responses (3,257 x 12 = 39,084). The estimated average burden per response is 30 minutes (0.50 hours), resulting in a total estimated burden of 19,542 hours (39,084 x 0.5 = 19,542). There is no change in the burden.


  1. Section 226.6(f)(1)(viii)(E) requires sponsoring organizations of day care homes to submit annually to the SA a list of family day care home providers receiving Tier I benefits based on SNAP participation.


Ongoing burden hours: FNS estimates that 83 institutions that are local government agencies will each submit 1 list annually, for a total of 83 responses (83 x 1 = 83). The estimated average burden per response is approximately 1 minute (0.0167 hours), resulting in a total estimated burden of approximately 1 hour and 23 minutes (1.3861 hours) (83 x 0.0167 = 1.3861). There is no change in the burden.


  1. Section 226.6(f)(2)(i) mandates each participating institution must re-apply to continue its participation at intervals that cannot exceed 36 months.


Ongoing burden hours: FNS estimates that 3,257 institutions that are local government agencies will each re-apply once each year, for a total of 3,257 responses (3,257 x 1 = 3,257). The estimated average burden per response is 30 minutes (0.5 hours), resulting in a total estimated burden of 1,628 hours and 30 minutes (1,628.50 hours) (3,257 x 0.50 = 1,628.50). There is no change in the burden.


  1. Section 226.6(n) mandates sponsoring organizations participate and provide necessary documentation requested as part of investigations.


Ongoing burden hours: FNS estimates that 9 institutions that are local government agencies will each provide 1 set of documentation annually, for a total of 9 responses (9 x 1 = 9). The estimated average burden per response is 1 hour and 30 minutes (1.50 hours), resulting in a total estimated burden of 13 hours and 30 minutes (13.50 hours) (9 x 1.50 = 13.50). There is no change in the burden.


  1. Section 226.7(g) requires sponsoring organizations to submit an administrative budget to the SA annually, and independent centers must submit budgets as frequently as required by the SA.


Ongoing burden hours: FNS estimates that 3,257 institutions that are local government agencies will each provide 1 administrative budget annually, for a total of 3,257 responses (3,257 x 1 = 3,257). The estimated average burden per response is 30 minutes (0.50 hours), resulting in a total estimated burden of 1,628 hours and 30 minutes (1,628.50 hours) (3,257 x 0.50 = 1,628.50). There is no change in the burden.


  1. Sections 226.10, 226.13(b), and 226.15(i) require sponsors/institutions to report the number of meals claimed for reimbursement to the SA.


Ongoing burden hours: FNS estimates that 3,257 institutions that are local government agencies will each submit 12 reports annually, for a total of 39,084 responses (3,257 x 12 = 39,084). The estimated average number of burden hours per response is approximately 1 hour and 40 minutes (1.67 hours), resulting in a total estimated burden of approximately 65,270 hours and 17 minutes (65,270.28 hours) (39,084 x 1.67 = 65,270.28). There is no change in the burden.


  1. Section 226.10(c) requires sponsoring organizations to submit documentation to verify for profit center eligibility.


Ongoing burden hours: FNS estimates that 1,456 institutions that are local government agencies will each submit 12 sets of documentation annually, for a total of 17,472 responses (1,456 x 12 = 17,472). The estimated average burden per response is 30 minutes (0.5 hours), resulting in a total estimated burden of 8,736 hours (17,472 x 0.5 = 8,736). There is no change in the burden.

  1. Section 226.13(d)(3)(i)-(iii) requires sponsoring organizations of family day care homes to establish and provide reimbursement rates for Tier 2 providers with income-eligible children.


Ongoing burden hours: FNS estimates that 83 institutions that are local government agencies will each establish reimbursement rates 5 times a year, for a total of 415 responses (83 x 5 = 415). The estimated average burden per response is approximately 18 minutes (0.3006 hours), resulting in a total estimated burden of approximately 124 hours and 45 minutes (124.75 hours) (415 x 0.30 = 124.75). There is no change in the burden.


  1. Section 226.15(b) requires new and participating institutions to submit to the SA, with its application, all information required for its approval. The application must demonstrate that the institution has the administrative and financial capability to operate the Program in accordance with the Program regulations.


Ongoing burden hours: FNS estimates that, each year, 42 new institutions that are local government agencies will submit 1 application, for a total of 42 responses (42 x 1 = 42). The estimated average burden per response is 8 hours, resulting in a total estimated burden of 336 hours (42 x 8 = 336). There is no change in the burden.


  1. Section 226.15(b) requires participating institutions to submit documentation required for renewal to the SA.


Ongoing burden hours: FNS estimates that 3,257 participating institutions that are local government agencies will each submit 1 set of documentation annually, for a total of 3,257 responses (3,257 x 1 = 3,257). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 814 hours and 15 minutes (814.25 hours) (3,257 x 0.25 = 814.25). There is no change in the burden.


  1. Section 226.15(g) requires sponsoring organizations of at-risk afterschool care centers to provide information that permits SA to determine eligibility of at-risk afterschool care centers.


Ongoing burden hours: FNS estimates that 3,257 institutions that are local government agencies will each provide 1 report for a total of 3,257 responses (3,257 x 1 = 3,257). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 814 hours and 15 minutes (814.25 hours) (3,257 x 0.25 = 814.25). There is no change in the burden.

  1. Section 226.15(n) requires each institution to comply with all regulations issued by FNS and the Department, all instructions and handbooks issued by FNS and the Department to clarify or explain existing regulations, and all regulations, instructions and handbooks issued by the SA that are consistent with the provisions established in Program regulations. NOTE: Handbooks are provided as a reference in Appendix E and include: Appendix E1. 2017 Edition of the Eligibility Manual for School Meals; Appendix E2. At-Risk Handbook; Appendix E3. CACFP Adult Day Care Handbook; Appendix E4. CACFP Duration of Income Eligibility Determinations; Appendix E6. Independent Child Care Centers Handbook; Appendix E8. Crediting Handbook for the CACFP; Appendix E9. Guidance for Management Plans and Budgets – A CACFP Handbook; Appendix E10. Monitoring Handbook for State Agencies – A CACFP Handbook; Appendix E11. Serious Deficiency, Suspension, & Appeals for State Agencies & Sponsoring Organizations – A CACFP Handbook; Appendix E12. Family Day Care Homes Monitor Handbook; and Appendix E13. Collection of Race and Ethnicity Data by Visual Observation and Identification in the CACFP and Summer Food Service Program – Policy Rescission.


Ongoing burden hours: FNS estimates that, each year, 3,257 institutions that are local government agencies will each review FNS materials in order to comply with all regulations and guidance issued by FNS, for a total of 3,257 responses (3,257 x 1 = 3,257). The estimated average burden per response is 36 hours, resulting in a total estimated burden of 117,252 hours (3,257 x 36 = 117,252). There is no change in the burden.

  1. Section 226.15(o) requires institutions to ensure that parents of enrolled children are provided with current information on the benefits and importance of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and the eligibility requirements for WIC participation. (Each institution other than outside-school-hours care centers, at-risk afterschool care centers, emergency shelters, and adult day care centers.)


Ongoing burden hours: FNS estimates that 3,257 institutions that are local government agencies will each provide information once annually for a total of 3,257 responses (3,257 x 1 = 3,257). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 814 hours and 15 minutes (814.25 hours) (3,257 x 0.25 = 814.25). There is no change in the burden.


  1. Section 226.16(b) requires each sponsoring organization to submit to the SA, with its application, all information required for its approval, and the approval of the facilities under its jurisdiction. The application must demonstrate that the institution has the administrative and financial capability to operate the Program in accordance with the Program regulations.


Ongoing burden hours: FNS estimates that all 3,257 institutions that are local government agencies already submitted all required application information. Therefore, adding this existing requirement to the collection, as a program change, does not change the burden (i.e., the burden is 0 hours).


  1. Section 226.16(d)(4)(vi) requires sponsoring organizations to provide each center with written notification of the right of the sponsoring organizations, the SA, the Department, and other State and Federal officials to make announced or unannounced reviews of its operations during the center's normal hours of operation, and must also notify sponsored centers that anyone making such reviews must show photo identification that demonstrates that they are employees of one of these entities.


Ongoing burden hours: FNS estimates that 3,257 institutions that are local government agencies will each provide 1 written notification for a total of 3,257 responses (3,257 x 1 = 3,257). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 814 hours and 15 minutes (814.25 hours) (3,257 x 0.25 = 814.25). There is no change in the burden.


  1. Section 226.16(d)(4)(viii) requires sponsoring organizations that discover in a facility conduct or conditions that pose an imminent threat to the health or safety of participating children or the public to immediately notify the appropriate State or local licensing or health authorities and take action that is consistent with the recommendations and requirements of those authorities.


Ongoing burden hours: FNS estimates that 814 institutions that are local government agencies will each provide 1 notice for a total of 814 responses (814 x 1 = 814). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 203 hours and 30 minutes (203.50 hours) (814 x 0.25 = 203.50). There is no change in the burden.


  1. Section 226.16(l)(3)(i) requires sponsoring organizations to notify the day care home that it has been found to be seriously deficient.


Ongoing burden hours: FNS estimates that 83 institutions that are local government agencies will each notify once annually for a total of 83 responses (83 x 1 = 83). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 20 hours and 45 minutes (20.75 hours) (83 x 0.25 = 20.75). There is no change in the burden.


  1. Section 226.16(l)(4) requires sponsoring organizations to conduct the following activities if State or local health or licensing officials have cited a day care home for serious health or safety violations: (1) immediately suspend the home's CACFP participation prior to any formal action to revoke the home's licensure or approval; (2) notify the day care home that its participation has been suspended, that the day care home has been determined seriously deficient, and that the sponsoring organization proposes to terminate the day care home's agreement for cause; (3) provide a copy of the notice to the State agency.


Ongoing burden hours: FNS estimates that 21 institutions that are local government agencies will each provide 1 notice annually for a total of 21 responses (21 x 1 = 21). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 5 hours and 15 minutes (5.25 hours) (21 x 0.25 = 5.25). There is no change in the burden.

  1. Section 226.17a(e) requires sponsoring organizations to make written application to the SA for any afterschool care program that it wants to operate as an at-risk afterschool care center.


Ongoing burden hours: FNS estimates that 564 institutions that are local government agencies will each make 1 written application to the SA annually for a total of 564 responses (564 x 1 = 564). The estimated average burden per response is 1 hour, resulting in a total estimated burden of 564 hours (564 x 1 = 564). There is no change in the burden.


  1. Section 226.17a(h) requires independent at-risk afterschool care centers or sponsors of at-risk afterschool care centers to advise the SA of any substantive changes to the afterschool care program. Sponsoring organizations that want to add new at-risk afterschool care centers must provide the SA with the information sufficient to demonstrate that the new centers meet the requirements of this section.


Ongoing burden hours: FNS estimates that 564 institutions that are local government agencies will each advise the SA of 1 substantive change annually for a total of 564 responses (564 x 1 = 564). The estimated average burden per response is 30 minutes (0.5 hours), resulting in a total estimated burden of 282 hours (564 x 0.5 = 282). There is no change in the burden.

  1. Section 226.23 describes the free/reduced-price meal requirements applicable to independent centers and sponsoring organizations.


Ongoing burden hours: FNS estimates that 3,791 institutions that are local government agencies will comply with the free/reduced-price meal requirements each year, for a total of 3,791 responses (3,791 x 1 = 3,791). The estimated average burden per response is approximately 1 minute (0.0167 hours), resulting in a total estimated burden of approximately 63 hours and 18 minutes (63.3097 hours) (3,791 x 0.0167 = 63.3097). There is no change in the burden.


  1. Section 226.23(l) states that child care institutions that plan to use or disclose information about children eligible for free/reduced-price meals in ways not specified in the regulations must obtain written consent from children’s parents or guardians prior to the use or disclosure.


Ongoing burden hours: FNS estimates that 29 institutions that are local government agencies will each obtain 1 written consent, for a total of 29 responses (29 x 1 = 29). The estimated average burden per response is approximately 5 minutes (0.0835 hours), resulting in a total estimated burden of approximately 2 hours and 25 minutes (2.4215 hours) (29 x 0.0835 = 2.4215). There is no change in the burden.


  1. Section 226.23(m) states that a child care institution should have a written agreement or Memorandum of Understanding (MOU) with programs or individuals receiving eligibility information, prior to disclosing children’s free and reduced-price meal eligibility information.


Ongoing burden hours: FNS estimates that 29 institutions that are local government agencies will each have 1 agreement or MOU, for a total of 29 responses (29 x 1 = 29). The estimated average burden per response is approximately 5 minutes (0.0835 hours), resulting in a total estimated burden of approximately 2 hours and 25 minutes (2.4215 hours) (29 x 0.0835 = 2.4215). There is no change in the burden.


AFFECTED PUBLIC: BUSINESSES


Institutions


FNS estimates that, in total, there are 21,858 institutions. Of these, 3,257 are local government agencies (14.9%) and 18,601 are businesses (85.1%). This section of the burden narrative describes the burden associated with institutions that are businesses.


  1. Section 226.6(b)(4) requires SA to enter into written agreement with an institution that has been approved for participation in the Program (State/Institution agreement).


Ongoing burden hours: FNS estimates that 238 institutions that are businesses will each enter into 1 written agreement with SAs annually, for a total of 238 responses (238 x 1 = 238). The estimated average number of burden hours per response is 30 minutes (0.5 hours), resulting in a total estimated burden of 119 hours (238 x 0.5 = 119). There is no change in the burden.


  1. Sections 226.6(d), 226.6(e), and 226.6(f)(1)(vi) require that sponsoring organizations and institutions submit documentation to SAs in order to demonstrate that facilities are in compliance with licensing/approval criteria.


Ongoing burden hours: FNS estimates that 18,601 institutions that are businesses will each submit 1 set of documentation annually, for a total of 18,601 responses (18,601 x 1 = 18,601). The estimated average burden per response is approximately 5 minutes (0.0835 hours), resulting in a total estimated burden of approximately 1,553 hours and 11 minutes (1,553.1835 hours) (21,466 x 0.0835 = 1,553.1835). There is no change in the burden.


  1. Section 226.6(f)(1)(iii) requires centers to submit current eligibility information on enrolled participants, in order to calculate a blended rate or claiming percentage in accordance with section 226.9(b).


Ongoing burden hours: FNS estimates that 18,601 institutions that are businesses will each submit eligibility information 12 times each year, for a total of 223,212 responses (18,601 x 12 = 223,212). The estimated average burden per response is 30 minutes (0.50 hours), resulting in a total estimated burden of 111,606 hours (223,212 x 0.5 = 111,606). There is no change in the burden.


  1. Section 226.6(f)(1)(viii)(E) requires sponsoring organizations of day care homes to submit annually a list of family day care home providers receiving tier I benefits based on SNAP participation.


Ongoing burden hours: FNS estimates that 540 sponsoring organizations of day care homes will each submit 1 list annually, for a total of 540 responses (540 x 1 = 540). The estimated average burden per response is approximately 1 minute (0.0167 hours), resulting in a total estimated burden of approximately 9 hours and 1 minute (9.0180 hours) (540 x 0.0167 = 9.0180). There is no change in the burden.


  1. Section 226.6(f)(2)(i) mandates each participating institution must re-apply to continue its participation at intervals that cannot exceed 36 months.


Ongoing burden hours: FNS estimates that 18,601 participating institutions that are businesses will each submit 1 application annually, for a total of 18,601 responses (18,601 x 1 = 18,601). The estimated average burden per response is 30 minutes (0.50 hours), resulting in a total estimated burden of 9,300 hours and 30 minutes (9,300.50 hours) (18,601 x 0.50 = 9,300.50). There is no change in the burden.


  1. Section 226.6(n) mandates sponsoring organizations participate and provide necessary documentation requested as part of investigations.


Ongoing burden hours: FNS estimates that 51 institutions that are businesses will each provide 1 set of documentation annually, for a total of 51 responses (51 x 1 = 51). The estimated average burden per response is 1 hour and 30 minutes (1.50 hours), resulting in a total estimated burden of 76 hours and 30 minutes (76.50 hours) (51 x 1.50 = 76.50). There is no change in the burden.


  1. Section 226.7(g) requires sponsoring organizations to submit an administrative budget to the SA annually, and independent centers must submit budgets as frequently as required by the SA.


Ongoing burden hours: FNS estimates that 18,601 institutions that are businesses will each provide 1 administrative budget annually, for a total of 18,601 responses (18,601 x 1 = 18,601). The estimated average burden per response is 30 minutes (0.50 hours), resulting in a total estimated burden of 9,300 hours and 30 minutes (9,300.50 hours) (18,601 x 0.50 = 9,300.50). There is no change in the burden.


  1. Sections 226.10, 226.13(b), and 226.15(i) require sponsoring organizations and institutions to report to the SA the number of meals claimed for reimbursement.


Ongoing burden hours: FNS estimates that 18,601 institutions that are businesses will each submit 12 reports annually, for a total of 223,212 responses (18,601 x 12 = 223,212). The estimated average number of burden hours per response is approximately 1 hour and 40 minutes (1.67 hours), resulting in a total estimated burden of approximately 372,764 hours and 2 minutes (372,764.04 hours) (223,212 x 1.67 = 372,764.04). There is no change in the burden.


  1. Section 226.10(c) requires sponsoring organizations to submit documentation to verify for profit center eligibility.


Ongoing burden hours: FNS estimates that 8,314 institutions that are businesses will each submit 12 sets of documentation annually, for a total of 99,768 responses (8,314 x 12 = 99,768). The estimated average burden per response is 30 minutes (0.5 hours), resulting in a total estimated burden of 49,884 hours (99,768 x 0.5 = 49,884). There is no change in the burden.


  1. Section 226.13(d)(3)(i)-(iii) requires sponsoring organizations of family day care homes to establish reimbursement rates for Tier 2 providers with income-eligible children.


Ongoing burden hours: FNS estimates that 540 sponsoring organizations of family day care homes will each establish reimbursement rates 5 times a year, for a total of 2,700 responses (540 x 5 = 2,700). The estimated average burden per response is 18 minutes (0.30 hours), resulting in a total estimated burden of 811 hours and 37 minutes (811.62 hours) (2,700 x 0.3006 = 811.62). There is no change in the burden.


  1. Section 226.15(b) requires new and participating institutions to submit to the SA, with its application, all information required for its approval. The application must demonstrate that the institution has the administrative and financial capability to operate the Program in accordance with the Program regulations.


Ongoing burden hours: FNS estimates that, each year, 238 new institutions will submit 1 application, for a total of 238 responses (238 x 1 = 238). The estimated average burden per response is 8 hours, resulting in a total estimated burden of 1,904 hours (238 x 8 = 1,904). There is no change in the burden.


  1. Section 226.15(b) requires participating institutions to submit documentation required for renewal to the SA.


Ongoing burden hours: FNS estimates that 18,601 participating institutions that are businesses will each submit 1 set of documentation annually, for a total of 18,601 responses (18,601 x 1 = 18,601). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 4,650 hours and 15 minutes (4,650.25 hours) (18,601 x 0.25 = 4,650.25). There is no change in the burden.


  1. Section 226.15(g) requires sponsoring organizations of at-risk afterschool care centers to provide information that permits SA to determine eligibility of at-risk afterschool care centers.


Ongoing burden hours: FNS estimates that 18,601 sponsoring organization will each provide 1 report for a total of 18,601 responses (18,601 x 1 = 18,601). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 4,650 hours and 15 minutes (4,650.25 hours) (18,601 x 0.25 = 4,650.25). There is no change in the burden.

  1. Section 226.15(n) requires each institution to comply with all regulations issued by FNS and the Department, all instructions and handbooks issued by FNS and the Department to clarify or explain existing regulations, and all regulations, instructions and handbooks issued by the SA that are consistent with the provisions established in Program regulations. NOTE: Handbooks are provided as a reference in Appendix E and include: Appendix E1. 2017 Edition of the Eligibility Manual for School Meals; Appendix E2. At-Risk Handbook; Appendix E3. CACFP Adult Day Care Handbook; Appendix E4. CACFP Duration of Income Eligibility Determinations; Appendix E6. Independent Child Care Centers Handbook; Appendix E8. Crediting Handbook for the CACFP; Appendix E9. Guidance for Management Plans and Budgets – A CACFP Handbook; Appendix E10. Monitoring Handbook for State Agencies – A CACFP Handbook; Appendix E11. Serious Deficiency, Suspension, & Appeals for State Agencies & Sponsoring Organizations – A CACFP Handbook; Appendix E12. Family Day Care Homes Monitor Handbook; and Appendix E13. Collection of Race and Ethnicity Data by Visual Observation and Identification in the CACFP and Summer Food Service Program – Policy Rescission.


Ongoing burden hours: FNS estimates that, each year, 18,601 institutions that are businesses will each review FNS materials in order to comply with all regulations and guidance issued by FNS, for a total of 18,601 responses (18,601 x 1 = 18,601). The estimated average burden per response is 36 hours, resulting in a total estimated burden of 669,636 hours (18,601 x 36 = 669,636). There is no change in the burden.


  1. Section 226.15(o) requires institutions to ensure that parents of enrolled children are provided with current information on the benefits and importance of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and the eligibility requirements for WIC participation. (Each institution other than outside-school-hours care centers, at-risk afterschool care centers, emergency shelters, and adult day care centers.)


Ongoing burden hours: FNS estimates that 18,601 institutions that are businesses will each provide information once annually for a total of 18,601 responses (18,601 x 1 = 18,601). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 4,650 hours and 15 minutes (4,650.25 hours) (18,601 x 0.25 = 4,650.25). There is no change in the burden.


  1. Section 226.16(b) requires each sponsoring organization to submit to the SA, with its application, all information required for its approval, and the approval of the facilities under its jurisdiction. The application must demonstrate that the institution has the administrative and financial capability to operate the Program in accordance with the Program regulations.


Ongoing burden hours: FNS estimates that all institutions already submitted all required application information. Therefore, the total burden hours associated with this requirement is 0. There is no change in the burden.


  1. Section 226.16(d)(4)(vi) requires sponsoring organizations of centers to provide each center with written notification of the right of the sponsoring organization, the State agency, the Department, and other State and Federal officials to make announced or unannounced reviews of its operations during the center's normal hours of operation, and must also notify sponsored centers that anyone making such reviews must show photo identification that demonstrates that they are employees of one of these entities.


Ongoing burden hours: FNS estimates that 18,601 institutions that are businesses will each provide 1 written notification for a total of 18,601 responses (18,601 x 1 = 18,601). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 4,650 hours and 15 minutes (4,650.25 hours) (18,601 x 0.25 = 4,650.25). There is no change in the burden.


  1. Section 226.16(d)(4)(viii) requires sponsoring organizations that discover in a facility conduct or conditions that pose an imminent threat to the health or safety of participating children or the public to immediately notify the appropriate State or local licensing or health authorities and take action that is consistent with the recommendations and requirements of those authorities.


Ongoing burden hours: FNS estimates that 4,650 institutions that are businesses will each provide 1 notice annually, for a total of 4,650 responses (4,650 x 1 = 4,650). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 1,162 hours and 30 minutes (1,162.50 hours) (4,650 x 0.25 = 1,162.50). There is no change in the burden.


  1. Section 226.16(l)(3)(i) requires sponsoring organizations to notify the day care home that it has been found to be seriously deficient.


Ongoing burden hours: FNS estimates that 540 sponsoring organizations will each provide one notice annually for a total of 540 responses (540 x 1 = 540). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 135 hours (540 x 0.25 = 135). There is no change in the burden.


  1. Section 226.16(l)(4) requires sponsoring organizations to conduct the following activities if State or local health or licensing officials have cited a day care home for serious health or safety violations: (1) immediately suspend the home's CACFP participation prior to any formal action to revoke the home's licensure or approval; (2) notify the day care home that its participation has been suspended, that the day care home has been determined seriously deficient, and that the sponsoring organization proposes to terminate the day care home's agreement for cause; (3) provide a copy of the notice to the State agency.


Ongoing burden hours: FNS estimates that 135 sponsoring organizations will each provide one notice annually for a total of 135 responses (135 x 1 = 135). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 33 hours and 45 minutes (33.75 hours) (135 x 0.25 = 33.75). There is no change in the burden.


  1. Section 226.17a(e) requires sponsoring organizations to make a written application to the SA for any afterschool care program that it wants to operate as an at-risk afterschool care center.


Ongoing burden hours: FNS estimates that 3,220 sponsoring organizations will each make 1 written application to the SA annually for a total of 3,220 responses (3,220 x 1 = 3,220). The estimated average burden per response is 1 hour, resulting in a total estimated burden of 3,220 hours (3,220 x 1 = 3,220). There is no change in the burden.


  1. Section 226.17a(h) requires independent at-risk afterschool care centers or sponsoring organizations of at-risk afterschool care centers to advise the SA of any substantive changes to the afterschool care program. Sponsoring organizations that want to add new at-risk afterschool care centers must provide the SA with the information sufficient to demonstrate that the new centers meet the requirements of this section.


Ongoing burden hours: FNS estimates that 3,220 sponsoring organizations will each advise the SA of 1 substantive change annually for a total of 3,220 responses (3,220 x 1 = 3,220). The estimated average burden per response is 30 minutes (0.5 hours), resulting in a total estimated burden of 1,610 hours (3,220 x 0.5 = 1,610). There is no change in the burden.


  1. Section 226.23 describes the free/reduced-price meal requirements applicable to independent centers and sponsoring organizations.


Ongoing burden hours: FNS estimates that 21,650 sponsors/institutions will comply with the free/reduced-price meal requirements each year, for a total of 21,650 responses (21,650 x 1 = 21,650). The estimated average burden per response is approximately 1 minute (0.0167 hours), resulting in a total estimated burden of 361 hours and 33 minutes (361.5550 hours) (21,650 x 0.0167 = 361.5550). There is no change in the burden.


  1. Section 226.23(l) states that child care institutions that plan to use or disclose information about children eligible for free/reduced-price meals in ways not specified in the regulations must obtain written consent from children’s parents or guardians prior to the use or disclosure.


Ongoing burden hours: FNS estimates that 167 institutions will each obtain 1 written consent, for a total of 167 responses (167 x 1 = 167). The estimated average burden per response is approximately 5 minutes (0.0835 hours), resulting in a total estimated burden of approximately 13 hours and 57 minutes (13.9445 hours) (167 x 0.0835 = 13.9445). There is no change in the burden.


  1. Section 226.23(m) states that a child care institution should have a written agreement or Memorandum of Understanding (MOU) with programs or individuals receiving eligibility information, prior to disclosing children’s free and reduced-price meal eligibility information.


Ongoing burden hours: FNS estimates that 167 institutions will each have 1 agreement or MOU, for a total of 167 responses (167 x 1 = 167). The estimated average burden per response is approximately 5 minutes (0.0835 hours), resulting in a total estimated burden of approximately 13 hours and 57 minutes (13.9445 hours) (167 x 0.0835 = 13.9445). There is no change in the burden.


Facilities


  1. Sections 226.11(b)(2) and 226.17a(p) require centers to report each month to the SA the total number of Program meals.


Ongoing burden hours: FNS estimates that 69,647 facilities will each provide 12 reports annually, for a total of 835,764 responses (69,647 x 12 = 835,764). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 208,941 hours (835,764 x 0.25 = 208,941). There is no change in the burden.


  1. Sections 226.13(d)(1), 226.13(d)(2), 226.13(d)(3), and 226.18(e) require day care home providers to submit daily meal counts to sponsors monthly.


Ongoing burden hours: FNS estimates 89,843 facilities will each provide 12 reports annually, for a total of 1,078,116 responses (89,843 x 12 = 1,078,116). The estimated average burden per response is 30 minutes (0.50 hours), resulting in a total estimated burden of 539,058 hours (1,078,116 x 0.50 = 539,058). There is no change in the burden.


  1. Section 226.17(d) requires a sponsored center to distribute to parents a copy of the sponsoring organization's notice to parents, if so instructed by its sponsoring organization.


Ongoing burden hours: FNS estimates that 69,647 sponsoring organizations will distribute a notice annually for a total of 69,647 responses (69,647 x 1 = 69,647). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 17,411 hours and 45 minutes (17,411.75 hours) (69,647 x 0.25 = 17,411.75). There is no change in the burden.

  1. Section 226.18(a)(5) requires a day care home to promptly inform the sponsoring organization about any change in the number of children enrolled for care or in its licensing or approval status.


Ongoing burden hours: FNS estimates that 89,843 day care homes will inform sponsoring organizations 5 times each year, for a total of 449,215 responses (89,843 x 5 = 449,215). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 112,303 hours and 45 minutes (112,303.75 hours) (449,215 x 0.25 = 112,303.75). There is no change in the burden.


  1. Section 226.18(a)(14) requires a day care home to notify their sponsoring organization in advance whenever they are planning to be out of their home during the meal service period.


Ongoing burden hours: FNS estimates that 89,843 day care homes will inform sponsoring organizations 5 times each year, for a total of 449,215 responses (89,843 x 5 = 449,215). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 112,303 hours and 45 minutes (112,303.75 hours) (449,215 x 0.25 = 112,303.75). There is no change in the burden.



AFFECTED PUBLIC: HOUSEHOLDS


This section of the burden narrative describes the burden associated with households.


  1. Sections 226.15(e)(2), 226.17(b)(8), and 226.18(e) require households to annually update enrollment documentation, signed by a parent or legal guardian, and include information on enrolled children’s normal days and hours of care and the meals normally received while in care.


Ongoing burden hours: FNS estimates that 3,599,004 households will each provide 1.59 enrollment documents, on average, annually, for a total of 5,722,416 responses (3,599,004 x 1.59 = 5,722,416). The estimated average burden per response is approximately 5 minutes (0.0835 hours), resulting in a total estimated burden of approximately 477,821 hours and 46 minutes (477,821.7661hours) (5,722,416 x 0.0835 = 477,821.7661). There is no change in the burden.


  1. Section 226.23(e)(1) requires households of participants enrolled in institutions, day care home providers who wish to enroll their own eligible children in the Program, and households of all children enrolled in the day care home, as applicable, to apply for free/reduced-price meals. The application must include information on household income. NOTE: Appendix D includes a Household Income Statement Template.


Ongoing burden hours: FNS estimates that 3,599,004 households will each provide 1.59 applications, for a total of 5,722,416 responses (3,599,004 x 1.59 = 5,722,416). The estimated average burden per response is approximately 5 minutes (0.0835 hours), resulting in a total estimated burden of approximately 477,821 hours and 46 minutes (477,821.7661 hours) (5,722,416 x 0.0835 = 477,821.7661). There is no change in the burden.


  1. Section 226.20(g) requires households to provide a written statement to support the need for substitutions, on a case-by-case basis, for foods and meals for individual participants. NOTE: A memorandum that explains the nutrition requirements for fluid milk and fluid milk substitutes in the Program is included in Appendix E7. Nutrition Requirements for Fluid Milk and Milk Substitutions.


Ongoing burden hours: FNS estimates that 267,355 households will provide 1 written request for substitutions annually, for a total of 267,355 responses (267,355 x 1 = 267,355). The estimated average burden per response is approximately 5 minutes (0.0835 hours), resulting in a total estimated burden of approximately 22,324 hours and 9 minutes (22,324.1425 hours) (267,355 x 0.0835 = 22,324.1425). There is no change in the burden.


RECORDKEEPING REQUIREMENTS



AFFECTED PUBLIC: STATE, LOCAL, AND TRIBAL GOVERNMENT


State Agencies (SAs)


This section of the burden narrative describes the burden associated with State government agencies.


  1. Section 226.6 requires SAs to collect and maintain on file CACFP agreements (Federal/State and State/Institutions), records received from applicant and participating institutions, National Disqualified List/State Agency Lists, and documentation of administrative review (appeals) and Program assistance activities, results, and corrective actions.


Ongoing burden hours: FNS estimates that 56 SAs will each maintain 5 reports annually, for a total of 280 responses (56 x 5 = 280). The estimated average burden per response is 5 hours, resulting in a total estimated burden of 1,400 hours (280 x 5 = 1,400). There is no change in the burden.


  1. Sections 226.6(b), 226.6(d), 226.6(m)(5), 226.7(h), 226.7(i), 226.7(j), 226.7(k), 226.7(l), and 226.8 require SAs to establish and maintain Program procedures, such as procedures: to determine the eligibility of institutions, including to conduct pre-approval visits; for monitoring institutions and conducting household contacts; for claims processing and payments; to annually review information submitted by institutions; for serious deficiencies; for administrative reviews; and to audit institutions.


Ongoing burden hours: FNS estimates that 56 SAs will each maintain a set of their program procedures annually, for a total of 56 responses (56 x 1 = 56). The estimated average burden per response is 16 hours, resulting in a total estimated burden of 896 hours (56 x 16 = 896). There is no change in the burden.


  1. Section 226.6(n) requires each SA to maintain on file evidence of complaints received or irregularities noted in connection with the operation of the program.


Ongoing burden hours: FNS estimates that, each year, 56 SAs will each maintain 21 records of findings of irregularities in investigations, for a total of 1,176 responses (56 x 21 = 1,176). The estimated average burden per response is 1 hour and 30 minutes (1.50 hours), resulting in a total estimated burden of 1,764 hours (1,176 x 1.50 = 1,764). There is no change in burden.


  1. Sections 226.7(b) and 226.7(m) require SAs to establish and maintain an acceptable financial management system, adhere to financial management standards and otherwise carry out financial management policies in accordance with 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400, part 415, and part 416, as applicable; and FNS guidance to identify allowable Program costs and set standards for institutional recordkeeping and reporting.


Ongoing burden hours: FNS estimates that 56 SAs will each maintain a record of their financial management activities, for a total of 56 responses (56 x 1 = 56). The estimated average burden per response is 80 hours, resulting in a total estimated burden of 4,480 hours (56 x 80 = 4,480) annually. There is no change in the burden.


Local Government Agencies


This section of the burden narrative describes the burden associated with institutions that are local government agencies.


  1. Sections 226.10(d), 226.11(e), 226.15(e), 226.15(e)(1), 226.15(e)(2), 226.17(b)(8), 226.18(e), 226.22(d), and 226.22(k) require sponsors/institutions to collect and maintain for a period of 3 years and the current year Program applications, enrollment documents, income eligibility forms, attendance records, menus, meal counts, invoices and receipts, all accounts and records to support the claims, licenses, administrative and operating costs records, training documentation, financial management systems records, written code of standards of conduct, procurement history, and any other records required by the SA. All copies of documents and supporting documents submitted to the State must be maintained.


Ongoing burden hours: FNS estimates that 3,791 local government agencies will each maintain 3 sets of documents annually, for a total of 11,373 responses (3,791 x 3 = 11,373). The estimated average burden per response is 1 hour, resulting in a total estimated burden of 11,373 hours (11,373 x 1 = 11,373). There is no change in the burden.


  1. Section 226.15(e)(3) requires sponsoring organizations to maintain documentation used to classify homes as Tier 1.


Ongoing burden hours: FNS estimates that, each year, 83 sponsoring organizations of day care homes will each maintain 127 documents used to classify homes as tier 1, for a total of 10,541 responses (83 x 127 = 10,541). The estimated average burden per response is 1 minute and 30 seconds (0.025 hours), resulting in a total estimated burden of 263 hours and 32 minutes (263.525 hours) (10,541 x 0.025 = 263.525). There is no change in the burden.


  1. Section 226.23(h)(6) requires sponsoring organizations to maintain information to verify homes that qualify as Tier 1 based on provider’s income.


Ongoing burden hours: FNS estimates that 83 sponsoring organizations will each maintain 42 sets of documents with information used to verify homes that qualify as tier 1 based on provider’s income, for a total of 3,486 responses (83 x 42 = 3,486). The estimated average burden per response is 1 minute and 30 seconds (0.025 hours), resulting in a total estimated burden of 87 hours and 9 minutes (87.150 hours) (3,486 x 0.025 = 87.150). There is no change in the burden.


AFFECTED PUBLIC: BUSINESSES


Institutions


This section of the burden narrative describes the burden associated with institutions that are businesses.


  1. Sections 226.10(d), 226.11(e), 226.15(e), 226.15(e)(1), 226.15(e)(2), 226.17(b)(8), 226.18(e), 226.22(d), and 226.22(k) require sponsors/institutions to collect and maintain for a period of 3 years and the current year Program applications, enrollment documents, income eligibility forms, attendance records, menus, meal counts, invoices and receipts, all accounts and records to support the claim, licenses, administrative and operating costs records, training documentation, financial management systems records, written code of standards of conduct, procurement history, and any other records required by the SA. All copies of documents and supporting documents submitted to the State must be maintained.


Ongoing burden hours: FNS estimates that 21,650 sponsors/institutions will each maintain 3 sets of documents annually, for a total of 64,950 responses (21,650 x 3 = 64,950). The estimated average burden per response is 1 hour, resulting in a total estimated burden of 64,950 hours (64,950 x 1 = 64,950). There is no change in the burden.


  1. Section 226.15(e)(3) requires sponsoring organizations to maintain documentation used to classify homes as Tier 1.


Ongoing burden hours: FNS estimates that, each year, 551 institutions will each maintain 127 documents used to classify homes as tier 1, for a total of 69,977 responses (551 x 127 = 69,977). The estimated average burden per response is 1 minute and 30 seconds (0.025 hours), resulting in a total estimated burden of approximately 1,749 hours and 26 minutes (1,749.425 hours) (69,977 x 0.025 = 1,749.425). There is no change in the burden.


  1. Section 226.23(h)(6) requires sponsoring organizations to maintain information to verify homes that qualify as Tier 1 based on provider’s income.


Ongoing burden hours: FNS estimates that 551 sponsoring organizations will each maintain 42 sets of documents with information used to verify homes that qualify as tier 1 based on provider’s income, for a total of 23,142 responses (551 x 42 = 23,142). The estimated average burden per response is 1 minute and 30 seconds (0.025 hours), resulting in a total estimated burden of approximately 578 hours and 33 minutes (578.550 hours) (23,142 x 0.025 = 578.550). There is no change in the burden.


  1. Section 226.20(f) allows providers to serve starchy vegetables in place of bread in certain territories: American Samoa, Puerto Rico, Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands. Documentation is required to show if institutions serve primarily American Indian and Alaska Native children.


FNS estimates that 70 institutions will serve American Indian and Alaska Native participants primarily through CACFP. Each sponsor will maintain 1 record annually for a total of 70 responses (70 x 1 = 70). The estimated average number of burden hours per response is 75 minutes (1.25 hours) resulting in estimated total burden of 88 hours (70 x 1.25 = 88). This new requirement adds 88 hours and 70 responses to the collection due to a program change.



Facilities


This section of the burden narrative describes the burden associated with facilities.


  1. Sections 226.10(d), 226.11(b)(2), 226.15(e), 226.17(b)(8), 226.17(b)(9), 226.17a(o), 226.17a(p), 226.18(b)(4), 226.18(e), 226.18(g) 226.19a(b)(8), 226.19a(b)(9), and 226.19a(b)(10) require facilities to collect and maintain for a period of 3 years and the current year Program applications, enrollment documents, income eligibility forms, attendance records, menu planning records, time of service, snacks and meal counts, invoices and receipts, claims for reimbursement, licenses, administrative and operating costs records, training documentation, and any other records required by the SA. Adult day care centers must maintain records on the age of each enrolled person, functional impairment eligibilities are meant if under 60, and that qualified participants resides in their homes.


Ongoing burden hours: FNS estimates that 159,490 facilities will each maintain 3 sets of documents annually, for a total of 478,470 responses (159,490 x 3 = 478,470). The estimated average burden per response is 1 hour, resulting in a total estimated burden of 478,470 hours (478,470 x 1 = 478,470). There is no change in the burden.


  1. Section 226.20(f) allows providers to serve starchy vegetables in place of bread in certain territories: American Samoa, Puerto Rico, Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands. Documentation is required to show if facilities serve primarily American Indian and Alaska Native children.


FNS estimates that 540 facilities will serve American Indian and Alaska Native students primarily through CACFP. Each sponsor will maintain 1 record annually for a total of 540 responses (540 x 1 = 540). The estimated average number of burden hours per response is 75 minutes (1.25 hours) resulting in estimated total burden of 675 hours (540 x 1.25 = 675). This new requirement adds 675 hours and 540 responses to the information collection due to a program change.



Third-Party (PUBLIC) DISCLOSURE REQUIREMENTS



AFFECTED PUBLIC: STATE, LOCAL, AND TRIBAL GOVERNMENT


State Agencies (SAs)


This section of the burden narrative describes the burden associated with State government agencies.


  1. Section 226.23(d) requires institutions to annually provide the information media serving the area from which the institution draws its attendance with a public release, unless the SA has issued a Statewide media release on behalf of all institutions. The public release includes information about the availability of free and reduced-price meals or free milk.


Ongoing burden hours: FNS estimates that 28 SAs will each provide 1 public release annually, for a total of 28 responses (28 x 1 = 28). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 7 hours (28 x 0.25 = 7). There is no change in the burden.


Local Government Agencies


This section of the burden narrative describes the burden associated with institutions that are local government agencies.


  1. Section 226.23(d) requires institutions to annually provide the information media serving the area from which the institution draws its attendance with a public release, unless, the SA has issued a Statewide media release on behalf of all institutions. The public release includes information about the availability of free and reduced-price meals or free milk.


Ongoing burden hours: FNS estimates that 1,629 local government agencies will each provide 1 public release annually, for a total of 1,629 responses (1,629 x 1 =1,629). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 407 hours and 15 minutes (407.25 hours) (1,629 x 0.25 = 407.25). There is no change in the burden.


AFFECTED PUBLIC: BUSINESSES


This section of the burden narrative describes the burden associated with institutions that are businesses.


Institutions


  1. Section 226.23(d) requires institutions to annually provide the information media serving the area from which the institution draws its attendance with a public release, unless, the SA has issued a Statewide media release on behalf of all institutions. The public release includes information about the availability of free and reduced-price meals or free milk.


Ongoing burden hours: FNS estimates that 9,301 institutions will each provide 1 public release annually, for a total of 9,301 responses (9,301 x 1 = 9,301). The estimated average burden per response is 15 minutes (0.25 hours), resulting in a total estimated burden of 2,325 hours and 15 minutes (2,325.25 hours) (9,301 x 0.25 = 2,325.25). There is no change in the burden.


Annualized Costs



As a result of the implementation of the provisions in this rule, there will be some start-up and maintenance costs for this collection. These include costs for such items as extra supplies or funding to implement the updated meal patterns, as well as costs related to updating websites, materials, menus, and recipes. Regarding the CACFP collection, FNS estimates that $305,000 will be added to the collection to account for the start-up costs associated with menu changes for CACFP operators. These totals result from $500 per operator affected by the potential menu changes (610 operators).



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AuthorBarbara J. Smith
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