Agency Information Collection Activities: Fourth Access, Participation, Eligibility, and Certification Study Series (APEC IV), 41938-41943 [2021-16642]
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41938
Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Agency Information Collection
Activities: Fourth Access,
Participation, Eligibility, and
Certification Study Series (APEC IV)
Food and Nutrition Service
(FNS), USDA.
ACTION: Notice.
AGENCY:
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 collection is a Reinstatement, with
change, of a previously approved
collection for which approval has
expired (OMB Number 0584–0530,
Discontinued: 10/31/2020); for the
Fourth Access, Participation, Eligibility,
and Certification Study Series (APEC
IV).
SUMMARY:
Written comments must be
received on or before October 4, 2021.
ADDRESSES: Comments may be sent to:
Amy Rosenthal, Food and Nutrition
Service, U.S. Department of Agriculture,
1320 Braddock Place, 5th floor,
Alexandria, VA 22314. Comments may
also be via email to Amy Rosenthal at
amy.rosenthal@usda.gov. Comments
will also be accepted through the
Federal eRulemaking Portal. Go to
https://www.regulations.gov, and follow
the online instructions for submitting
comments electronically.
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 Amy Rosenthal at
amy.rosenthal@usda.gov, 703–305–
2245.
DATES:
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
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SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
16:45 Aug 03, 2021
Jkt 253001
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology.
Title: Fourth Access, Participation,
Eligibility, and Certification Study
Series (APEC IV).
Form Number: Not applicable.
OMB Number: 0584–0530.
Expiration Date: Not Yet Determined.
Type of Request: Reinstatement, with
change, of a previously approved
collection for which approval has
expired.
Abstract:
USDA’s Food and Nutrition Service
(FNS) depends upon the APEC study
series to provide reliable, national
estimates of errors and improper
payments made to school districts in
which the National School Lunch
Program and School Breakfast Program
are operated. This is the fourth study in
the APEC series and it will provide the
required information for school year
(SY) 2023–2024.
Program errors fall into three broad
categories: Certification (determining
the eligibility of a student for a given
level of reimbursement), aggregation
(adding up all the meal counts by
reimbursement category as they are
transmitted through the claims process),
and meal claiming (ensuring that meals
claimed meet the meal pattern
requirements). Certification and
aggregation errors contribute to
improper payments, while meal
claiming error is an operational error
that does not result in an improper
payment. The majority of improper
payments in the programs result from
certification errors, while aggregation
errors are relatively rare.
The Payment Integrity Information
Act of 2019 (PIIA) requires that FNS
identify and reduce improper payments
in these programs, including both
underpayments and overpayments. In
order to comply with the law, programs
must have a statistically valid rate of
improper payment below 10 percent,
and programs out of compliance with
PIIA are subject to increased scrutiny
and reporting requirements.
Beyond statutory improper payment
reporting requirements, FNS recognizes
the human and economic costs of
program error. For example,
certification error may result in children
being certified at a lower or higher level
than the one for which they qualify;
aggregation error may cause school
districts to receive a lower or higher
reimbursement than they should have
received; and meal claiming error may
result in a participant receiving a less
balanced and nutritious meal than they
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would have if the meal pattern was
followed.
Although the APEC II and the
forthcoming APEC III findings show
substantial improvement in certain
types of error since APEC I, there is an
ongoing need to identify and correct
sources of program error.
The specific study objectives of APEC
IV are:
• Objective 1: Generate a national
estimate of the annual amount of
improper payments in the National
School Lunch Program and School
Breakfast Program based on SY 2023–
2024 by replicating and refining the
methodology used in prior APEC
studies.
• Objective 2: Provide a robust
examination of the relationship between
error rates and student (household),
school, and school food authority (SFA)
characteristics.
• Objective 3: Conduct two substudies testing the effect that data
collection methods have on responses.
Æ Electronic Application Sub-study:
Evaluate whether USDA’s online
application prototype with integrity
features generates a more accurate and
complete accounting of household size
and income compared to other online
application types and paper
applications.
Æ Mode Effect Sub-Study: Assess the
effect of in-person versus telephone
interviews on responses to the
household survey.
Consistent with methodology used in
the previous studies in the APEC series,
we will collect data to address the study
objectives using a multistage–clustered
sample design, which will include:
• A nationally representative sample
of SFAs in the contiguous 48 states and
the District of Columbia;
• A stratified sample of schools
within each SFA; and
• A random sample of students
(households) within each sampled
school that applied for free and
reduced-price meals, were categorically
eligible for free meals, or were directly
certified for free meals.
APEC IV will collect data to measure
certification, aggregation, and meal
claiming errors via in-person visits to
SFAs and schools and surveys of SFA
directors and households. Data
collection will include (a) abstraction
from income eligibility applications and
categorical eligibility records; (b)
abstraction of meal count and claiming
records from SFAs, schools, States, and
FNS administrative data; (c) an online
survey of SFA directors; (d) meal
observations in schools; and (e) a
telephone survey of households.
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Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices
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The analysis plan includes the
following components: (a) Calculating
error rates; (b) estimating improper
payments; (c) comparisons to previous
APEC estimates (APEC I, II, III); and (d)
quantitative analyses to identify factors
associated with errors. The calculation
of estimates from APEC IV will include
the incidence of error, the total dollar
amount of error, and the dollar based
error rate. The comparisons to prior
APEC studies will include tests for
significant changes over time. The
quantitative analyses will examine the
sources and causes of errors with a
focus on identifying strategies for
reducing errors.
Affected Public: Individuals/
Households and State, Local, or Tribal
Governments. Respondent groups
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16:45 Aug 03, 2021
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identified include: (1) Child Nutrition
State agencies, (2) SFAs, (3) schools,
and (4) parents/guardians of sampled
students that are either certified to
receive a free or reduced price meal or
who applied for but were denied
benefits in SY 2023–24.
Estimated Number of Respondents:
The estimated number of respondents is
13,068. This includes 5,210 responses
and 7,858 non-responses. The number
of unique respondents expected to
provide data for this study are 4,112
households and 1,098 State and Local
Governments (44 State Agencies, 295
SFAs, and 759 schools).
Estimated Number of Responses per
Respondent: All respondents will be
asked to respond to each specific data
collection activity only once. The
overall average number of responses per
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41939
respondent across the entire collection
is 5.14.
Estimated Total Annual Responses:
The estimated number of total annual
responses is 67,317.
Estimated Time per Response: The
estimated time of response varies from
1 minute to 4 hours depending on the
respondent group, as shown in the
burden table below. The estimated time
per response is 11.49 minutes (0.191
hours).
Estimated Total Annual Burden on
Respondents: 12,851.4 hours. This
includes 12,419.6 hours for respondents
and 431.7 hours for non-respondents.
See the table below for estimated total
annual burden for each type of
respondent.
BILLING CODE 3410–30–P
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"iii
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Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices
Timothy English,
Acting Administrator, Food and Nutrition
Service.
[FR Doc. 2021–16642 Filed 8–3–21; 8:45 am]
BILLING CODE 3410–30–C
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Request for Information: Buy American
in the National School Lunch Program
and School Breakfast Program
Food and Nutrition Service
(FNS), USDA.
ACTION: Notice: Request for information.
AGENCY:
This is a Request for
Information from stakeholders,
including local operators, State
administrators, industry and producers,
about the Buy American provision in
the National School Lunch Program
(NSLP) and the School Breakfast
Program (SBP). The NSLP and SBP,
which are administered by the United
States Department of Agriculture
(USDA) Food and Nutrition Service
(FNS), play a critical role in ensuring
that America’s children have access to
nutritious food they need to learn and
succeed in the classroom, in addition to
supporting American agriculture, and
small, minority, and women’s
businesses and agricultural producers.
In order to claim Federal reimbursement
for meals served, school food authorities
(SFAs) must follow Federal
procurement and program regulations.
These include the Buy American
provision. The purpose of this Request
for Information is to help FNS gather
feedback from a wide variety of
stakeholders on how the Buy American
provision and guidance are currently
implemented, changes FNS should
make to current regulations and
guidance and feedback on how FNS can
better support local operators as they
strive to purchase domestic foods and
food products.
DATES: Written comments must be
received on or before November 2, 2021.
ADDRESSES: USDA invites the
submission of the requested information
through one of the following methods:
• Federal eRulemaking Portal
(preferred method): Go to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Send written comments to the
School Meals Monitoring Branch,
Program Monitoring and Operational
Support Division, Child Nutrition
Programs, USDA Food and Nutrition
Service, Braddock Metro Center II, 1320
Braddock Place, Alexandria, VA 22314.
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SUMMARY:
VerDate Sep<11>2014
16:45 Aug 03, 2021
Jkt 253001
All comments submitted in response to
this Request for Information will be
included in the record and will be made
available to the public. Please be
advised that the substance of the
comments and the identity of the
individuals or entities submitting the
comments will be subject to public
disclosure. USDA will make the
comments publicly available via https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Jessica Saracino, School Meals
Monitoring Branch, Program Monitoring
and Operational Support Division,
Child Nutrition Programs, USDA Food
and Nutrition Service, 703–605–3223.
SUPPLEMENTARY INFORMATION: On
January 25, 2021, President Biden
signed the Executive Order on Ensuring
the Future is Made in All of America by
All of America’s Workers (referred to as
the Buy American Executive order
hereafter) supporting the American
economy by requiring terms and
conditions of Federal financial
assistance awards and Federal
procurements to maximize the use of
goods, products, and materials
produced in, and services offered in, the
United States. FNS is issuing this RFI in
response to this Executive Order.
Section 104(d) of the William F.
Goodling Child Nutrition
Reauthorization Act of 1998 (Pub. L.
105–336) added a provision, Section
12(n) to the National School Lunch Act
(NSLA) (42 U.S.C. 1760(n)), requiring
school food authorities (SFAs) to
purchase, to the maximum extent
practicable, domestic commodities or
products. This Buy American provision
supports the mission of the Child
Nutrition Programs, which is to serve
children nutritious meals and support
American agriculture. The existing
regulatory provision stems directly from
the statutory requirement.
The Buy American provision applies
to SFAs located in the 48 contiguous
United States and is one of the
procurement standards these SFAs must
comply with when purchasing
commercial food and food products
served in NSLP and SBP. Although
Alaska, Hawaii, and the U.S. territories
are exempt from the Buy American
provision, SFAs in Hawaii are required
to purchase food and food products
produced in Hawaii in sufficient
quantities, as determined by the SFA, to
meet NSLP and SBP needs per 7 CFR
210.21(d)(3) and 7 CFR 220.16(d)(3).
Likewise, SFAs in Puerto Rico are
required to purchase food and food
products produced in Puerto Rico in
sufficient quantities, under 42 U.S.C.
1760(n)(4).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
41943
Section 12(n) of the NSLA defines
‘‘domestic commodity or product’’ as an
agricultural commodity that is produced
in the United States and a food product
that is processed in the United States
substantially using agricultural
commodities produced in the United
States. Report language accompanying
the legislation noted that ‘‘substantially
means over 51% from American
products.’’ Accordingly, FNS has
established in guidance that over 51%
of the final processed product must
consist of agricultural commodities that
were grown domestically. Thus, for
foods that are unprocessed, agricultural
commodities must be domestic, and for
foods that are processed, they must be
processed domestically using domestic
agricultural food components that are
comprised of over 51% domestically
grown items, as determined by the SFA.
Any processed product used must
contain over 51% of the product’s food
component from United States origin.
This definition of domestic product
serves both the needs of schools and
American agriculture. Foods and food
products from Guam, American Samoa,
Virgin Islands, Puerto Rico, and the
Northern Mariana Islands are
considered domestic products under
this provision as these products are
from the territories of the United States.
FNS has provided through guidance
limited exceptions to the Buy American
provision which allow for the purchase
of foods not meeting the ‘‘domestic’’
standard as described above (i.e., ‘‘nondomestic’’) in circumstances when use
of domestic foods is truly not
practicable. These exceptions, as
determined by the SFA, are:
• The product is not produced or
manufactured in the United States in
sufficient and reasonably available
quantities of a satisfactory quality; or
• Competitive bids reveal the costs of
a United States product are significantly
higher than the non-domestic product.
It should be noted that FNS has not
defined a dollar amount or percentage
triggering possible use of an exception.
It is each individual SFA’s
responsibility to determine what dollar
amount or percentage constitutes a
significantly higher price thus
permitting the use of the exception. If an
SFA is using one of the above
exceptions, there is no requirement at
this time to request a waiver from the
State agency or FNS in order to
purchase a non-domestic product. SFAs
must, however, keep documentation
justifying their use of exception(s). State
agencies must ensure SFA compliance
with the Buy American provision when
conducting oversight processes.
E:\FR\FM\04AUN1.SGM
04AUN1
Agencies
[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Pages 41938-41943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16642]
[[Page 41938]]
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Agency Information Collection Activities: Fourth Access,
Participation, Eligibility, and Certification Study Series (APEC IV)
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 collection is a
Reinstatement, with change, of a previously approved collection for
which approval has expired (OMB Number 0584-0530, Discontinued: 10/31/
2020); for the Fourth Access, Participation, Eligibility, and
Certification Study Series (APEC IV).
DATES: Written comments must be received on or before October 4, 2021.
ADDRESSES: Comments may be sent to: Amy Rosenthal, Food and Nutrition
Service, U.S. Department of Agriculture, 1320 Braddock Place, 5th
floor, Alexandria, VA 22314. Comments may also be via email to Amy
Rosenthal at [email protected]. Comments will also be accepted
through the Federal eRulemaking Portal. Go to https://www.regulations.gov, and follow the online instructions for submitting
comments electronically.
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 Amy
Rosenthal at [email protected], 703-305-2245.
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: Fourth Access, Participation, Eligibility, and Certification
Study Series (APEC IV).
Form Number: Not applicable.
OMB Number: 0584-0530.
Expiration Date: Not Yet Determined.
Type of Request: Reinstatement, with change, of a previously
approved collection for which approval has expired.
Abstract:
USDA's Food and Nutrition Service (FNS) depends upon the APEC study
series to provide reliable, national estimates of errors and improper
payments made to school districts in which the National School Lunch
Program and School Breakfast Program are operated. This is the fourth
study in the APEC series and it will provide the required information
for school year (SY) 2023-2024.
Program errors fall into three broad categories: Certification
(determining the eligibility of a student for a given level of
reimbursement), aggregation (adding up all the meal counts by
reimbursement category as they are transmitted through the claims
process), and meal claiming (ensuring that meals claimed meet the meal
pattern requirements). Certification and aggregation errors contribute
to improper payments, while meal claiming error is an operational error
that does not result in an improper payment. The majority of improper
payments in the programs result from certification errors, while
aggregation errors are relatively rare.
The Payment Integrity Information Act of 2019 (PIIA) requires that
FNS identify and reduce improper payments in these programs, including
both underpayments and overpayments. In order to comply with the law,
programs must have a statistically valid rate of improper payment below
10 percent, and programs out of compliance with PIIA are subject to
increased scrutiny and reporting requirements.
Beyond statutory improper payment reporting requirements, FNS
recognizes the human and economic costs of program error. For example,
certification error may result in children being certified at a lower
or higher level than the one for which they qualify; aggregation error
may cause school districts to receive a lower or higher reimbursement
than they should have received; and meal claiming error may result in a
participant receiving a less balanced and nutritious meal than they
would have if the meal pattern was followed.
Although the APEC II and the forthcoming APEC III findings show
substantial improvement in certain types of error since APEC I, there
is an ongoing need to identify and correct sources of program error.
The specific study objectives of APEC IV are:
Objective 1: Generate a national estimate of the annual
amount of improper payments in the National School Lunch Program and
School Breakfast Program based on SY 2023-2024 by replicating and
refining the methodology used in prior APEC studies.
Objective 2: Provide a robust examination of the
relationship between error rates and student (household), school, and
school food authority (SFA) characteristics.
Objective 3: Conduct two sub-studies testing the effect
that data collection methods have on responses.
[cir] Electronic Application Sub-study: Evaluate whether USDA's
online application prototype with integrity features generates a more
accurate and complete accounting of household size and income compared
to other online application types and paper applications.
[cir] Mode Effect Sub-Study: Assess the effect of in-person versus
telephone interviews on responses to the household survey.
Consistent with methodology used in the previous studies in the
APEC series, we will collect data to address the study objectives using
a multistage-clustered sample design, which will include:
A nationally representative sample of SFAs in the
contiguous 48 states and the District of Columbia;
A stratified sample of schools within each SFA; and
A random sample of students (households) within each
sampled school that applied for free and reduced-price meals, were
categorically eligible for free meals, or were directly certified for
free meals.
APEC IV will collect data to measure certification, aggregation,
and meal claiming errors via in-person visits to SFAs and schools and
surveys of SFA directors and households. Data collection will include
(a) abstraction from income eligibility applications and categorical
eligibility records; (b) abstraction of meal count and claiming records
from SFAs, schools, States, and FNS administrative data; (c) an online
survey of SFA directors; (d) meal observations in schools; and (e) a
telephone survey of households.
[[Page 41939]]
The analysis plan includes the following components: (a)
Calculating error rates; (b) estimating improper payments; (c)
comparisons to previous APEC estimates (APEC I, II, III); and (d)
quantitative analyses to identify factors associated with errors. The
calculation of estimates from APEC IV will include the incidence of
error, the total dollar amount of error, and the dollar based error
rate. The comparisons to prior APEC studies will include tests for
significant changes over time. The quantitative analyses will examine
the sources and causes of errors with a focus on identifying strategies
for reducing errors.
Affected Public: Individuals/Households and State, Local, or Tribal
Governments. Respondent groups identified include: (1) Child Nutrition
State agencies, (2) SFAs, (3) schools, and (4) parents/guardians of
sampled students that are either certified to receive a free or reduced
price meal or who applied for but were denied benefits in SY 2023-24.
Estimated Number of Respondents: The estimated number of
respondents is 13,068. This includes 5,210 responses and 7,858 non-
responses. The number of unique respondents expected to provide data
for this study are 4,112 households and 1,098 State and Local
Governments (44 State Agencies, 295 SFAs, and 759 schools).
Estimated Number of Responses per Respondent: All respondents will
be asked to respond to each specific data collection activity only
once. The overall average number of responses per respondent across the
entire collection is 5.14.
Estimated Total Annual Responses: The estimated number of total
annual responses is 67,317.
Estimated Time per Response: The estimated time of response varies
from 1 minute to 4 hours depending on the respondent group, as shown in
the burden table below. The estimated time per response is 11.49
minutes (0.191 hours).
Estimated Total Annual Burden on Respondents: 12,851.4 hours. This
includes 12,419.6 hours for respondents and 431.7 hours for non-
respondents. See the table below for estimated total annual burden for
each type of respondent.
BILLING CODE 3410-30-P
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[[Page 41943]]
Timothy English,
Acting Administrator, Food and Nutrition Service.
[FR Doc. 2021-16642 Filed 8-3-21; 8:45 am]
BILLING CODE 3410-30-C