Agency Information Collection Activities: Supplemental Nutrition Assistance Program (SNAP)-Waiver Requests To Offer Incentives to SNAP Recipients at SNAP Authorized Stores, 27709-27711 [2020-09993]

Agencies

• DEPARTMENT OF AGRICULTURE
• Food and Nutrition Service

[Federal Register Volume 85, Number 91 (Monday, May 11, 2020)]
[Notices]
[Pages 27709-27711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09993]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Agency Information Collection Activities: Supplemental Nutrition 
Assistance Program (SNAP)--Waiver Requests To Offer Incentives to SNAP 
Recipients at SNAP Authorized Stores

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
notice invites the general public and other public agencies to comment 
on this proposed information collection. This is an existing collection 
in use without an OMB Control Number in which we are seeking approval 
to establish a process for SNAP authorized

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retailers to request a waiver from the Food and Nutrition Service (FNS) 
to offer SNAP recipients incentives that encourage them to purchase 
healthier foods. This collection burden only affects SNAP retailers and 
non-profit organizations or governmental entities who partner with 
SNAP-authorized stores. There is no data collection activities for SNAP 
households in this request.

DATES: Written comments must be received on or before July 10, 2020.

ADDRESSES: The Food and Nutrition Service, USDA, invites interested 
persons to submit written comments on this information collection. 
Comments may be submitted in writing by one of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Comments should be addressed to Vicky Robinson, 
Chief, Retailer Management and Issuance Branch, Retailer Policy and 
Management Division, 1320 Braddock Place, Alexandria, Virginia 22314.
    All responses to this notice will be summarized and included in the 
request for Office of Management and Budget approval. All comments will 
be a matter of public record.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of this information collection should be directed to Vicky 
Robinson at 703-305-2476.

SUPPLEMENTARY INFORMATION: 
    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions that were used; (c) ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
(d) ways to minimize the burden of the collection of information on 
those who are to respond, including use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    Title: SNAP Retailer Incentive Waiver Request.
    Form Number: Not Applicable.
    OMB Number: 0584-NEW.
    Expiration Date: Not Yet Determined.
    Type of Request: Existing collection in use without an OMB Control 
Number.
    Abstract: SNAP equal treatment provisions at 7 CFR 278.2(b) and 7 
CFR 274.7(f) require that SNAP recipients receive treatment equal to 
that received by other customers at all stores authorized to 
participate in SNAP with the exception that sales tax may not be 
charged on eligible foods purchased with SNAP benefits. This equal 
treatment provision prohibits both negative treatment (such as 
discriminatory practices) as well as preferential treatment (such as 
incentive programs). Pursuant to Section 4008 of the Agriculture 
Improvement Act of 2018, Public Law 115-334 (2018 Farm Bill), 
individual SNAP authorized retailers (or non-profit organizations or 
governmental entities, which partner with authorized stores) may 
request that FNS waive the SNAP equal treatment provisions in order to 
be allowed to implement an incentive program the meets the requirements 
under 7 U.S.C. 2018(j) to encourage SNAP recipients to purchase 
healthier foods.
    Most SNAP authorized stores that offer incentives to SNAP 
recipients are either farmers' markets or part of the statutorily-
authorized Gus Schumacher Nutrition Incentive Program (GusNIP), which 
is administered by the USDA's National Institute of Food and 
Agriculture (NIFA).
    Farmer's markets are already authorized to provide incentives to 
SNAP recipients under a blanket FNS waiver of the SNAP equal treatment 
provision, specifically for farmers' markets. GusNIP grantees are 
authorized to provide incentives to SNAP recipients through GusNIP 
grant projects under 7 U.S.C. 7517 and, therefore, do not require a 
waiver to implement a SNAP incentive program. Only SNAP retailers that 
are not farmers' markets or that are not offering incentives under a 
GusNIP grant are required to obtain individual waivers from FNS to 
provide incentives at authorized SNAP retailer locations to SNAP 
households. FNS has been providing incentive waivers to SNAP retailers 
prior to passage of the 2018 Farm Bill under FNS' regular waiver 
process. To date, FNS has been receiving an average of four incentive 
waiver requests per year. Waivers provided to non-profit institutions 
or State/local/Tribal governments generally cover multiple retailer 
locations. With this new streamlined process, the Department estimates 
that out of 245,000 authorized retailers that participate in our 
program, approximately 18 different retailers would be covered under 10 
different incentive waiver requests annually. In general, the waivers 
are granted for one year.
    The new streamlined process for requesting a waiver would involve 
emailing information to a specified FNS email box. The information a 
retailer must submit would include:
    1. FNS number, name, and address of each participating retailer;
    2. A description of the incentive program;
    3. The incentive program start and end dates; and
    4. A brief description of any data collection/analysis the store 
would be conducting on its own behalf to measure program impact if 
applicable.
    The Department has identified and outlined the activity and the 
estimated burden hours associated with submitting a SNAP Retailer 
Incentive Waiver Request.

SNAP Retailer Incentive Waiver Request

    Affected Public: (a) Business or other for-profit, (b) Not-for-
profit institution, and (c) State, local or Tribal Government. 
Respondent groups identified include: Up to a total of three SNAP 
authorized stores, five not-for-profit institutions, and two State, 
local or Tribal governments, which are neither farmers' markets nor 
operating an incentive program under a GusNIP grant.

Business or Other For-Profit/Not-For-Profit Institution/State, Local or 
Tribal Government Annual Burden

    Estimated Annual Number of Respondents: 10.
    Estimated Annual Number of Responses per Respondent: 1.
    Estimated Total Annual Responses: 10.
    Estimated Annual Time per Response: 30 minutes or 0.5 hours.
    Estimated Total Annual Burden on Respondents: 5 hours.

[[Page 27711]]



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                                                                                                                                 Estimated
                                                                                         Estimated    Responses      Total       avg. # of    Estimated
             Respondent                     CFR citation               Activity           annual #     annually      annual      hours per      annual
                                                                                         respondent      per       responses     response    total hours
                                                                                                      respondent                 annually
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Business or other for-profit........  7 CFR 274.7(f) and       SNAP Retailer Incentive            3            1            3           0.5          1.5
                                       278.2(b).                Waiver Request.
Business-not-for-profit institution.  7 CFR 274.7(f) and       SNAP Retailer Incentive            5            1            5           0.5          2.5
                                       278.2(b).                Waiver Request.
                                                                                       -----------------------------------------------------------------
    Sub-total Business-for-not-for-   .......................  .......................            8            1            8           0.5          4.0
     profit.
State, local or Tribal Government...  7 CFR 274.7(f) and       SNAP Retailer Incentive            2            1            2           0.5          1.0
                                       278.2(b).                Waiver Request.
                                                                                       -----------------------------------------------------------------
    Grand-Total for Business-for-not- .......................  .......................           10            1           10           0.5          5.0
     for-profit and State, Local and
     Tribal.
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Pamilyn Miller,
Administrator, Food and Nutrition Service.
[FR Doc. 2020-09993 Filed 5-8-20; 8:45 am]
 BILLING CODE 3410-30-P