Agency Information Collection Activities: Waiver and State Plans (WiSP), 106420-106422 [2024-31264]

Agencies

• DEPARTMENT OF AGRICULTURE
• Food and Nutrition Service

[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106420-106422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31264]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Agency Information Collection Activities: Waiver and State Plans 
(WiSP)

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: New 
collection.

DATES: Written comments must be received on or before TBD February 28, 
2025.

ADDRESSES: We invite you to submit written comments on this notice.
--Preferred method: Federal eRulemaking Portal. Go to https://www.regulations.gov, and follow the online instructions for submitting 
comments electronically.
--Mail: Amanda Vega, WIC Program Integrity and Monitory Branch, Food 
and Nutrition Service, U.S. Department of Agriculture, 1320 Braddock 
Place, Alexandria, Virginia 22314.
--Email: email comments to [email protected].
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 Andrea 
Whitley at [email protected], 703-305-2465.

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: Waivers and State Plans (WiSP).
    Form Number: Not Yet Determined.
    OMB Number: Not Yet Assigned.
    Expiration Date: Not Yet Determined.
    Type of Request: New collection.
    Abstract: The burden activities that are covered by this 
Information Collection Request include the transition from individual 
collections for Program waivers and State Plans to a new application 
supporting multiple USDA Programs. This application will allow State 
agencies to request Program waivers and submit State Plans to the USDA 
Food and Nutrition Service (FNS), FNS staff to manage data provided 
within the application, and covers the gathering and maintenance of all 
supporting data from each State agency. The Waivers and State Plans 
(WiSP) application will support the following USDA Programs and be 
available to all participating State agencies in each Program: Special 
Supplemental Nutrition Program for Woman, Infants and Children (WIC), 
Farmers Market Nutrition Program (FMNP), and Seniors Farmers Market 
Nutrition Program (SFMNP).
    The purpose of WIC is to provide supplemental foods, nutrition 
education, and health care referrals to low income, nutritionally at-
risk pregnant, breastfeeding and postpartum women, infants, and 
children up to age five. The WIC Program is authorized by the Child 
Nutrition Act of 1966, as amended. WIC currently operates through a 
Federal/State partnership in which the Department of Agriculture/Food 
and Nutrition Service (FNS) provides grants to State agencies in 50 
U.S. States, 6 U.S. Territories, and 32 Indian Tribal Organizations 
(ITO's). The WIC Program requirements are specified in Section 17 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786(m)(8)), and WIC 
regulations at 7 CFR part 246.
    FMNP is designed to provide fresh, unprepared, locally grown fruits 
and vegetables to WIC participants and expand the awareness, use of, 
and sales at farmers markets. FMNP currently operates through a 
Federal/State partnership in which FNS provides grants to State 
agencies in 42 U.S. States, 3 U.S. Territories, and 6 ITOs. FMNP 
Program requirements are specified in Section 17(m)(8) of the Child 
Nutrition Act of 1966 (42 U.S.C. 1786(m)(8)), and FMNP regulations at 7 
CFR part 248.
    SFMNP is designed to provide low-income seniors with access to 
locally grown fruits, vegetables, honey and herbs and aid in the 
development of new and additional farmers markets, roadside stands, and 
community support agricultural programs. SFMNP currently operates 
through a Federal/State partnership in which FNS provides grants in 44 
U.S. States, 3 U.S. Territories, and 7 ITOs. SFMNP Program requirements 
are specified in the Farm Security and Rural Investment Act of 2002, as 
amended, (Pub. L. 107-171) and SFMNP regulations at 7 CFR part 249.
    The reporting and record-keeping burden activities that are covered 
by the information collection include requirements that involve the new 
application allowing State agencies to submit waiver requests and State 
Plan submissions to FNS. The WiSP application will provide a way for 
State agency staff to request pre-defined standard waivers, nationwide 
opt-in waivers, disaster related waivers, and to build custom ad hoc 
waiver requests. The application will support current and future 
legislation providing FNS with waiver authority for WIC, FMNP, and 
SFMNP program requirements. Depending on the legislation, this waiver 
authority may be temporary, as is the case for waivers granted under 
the American Rescue Plan Act (ARPA, Pub. L. 117-2), or permanent, as is 
the case for waivers granted under the Access to Baby Formula Act of 
2022 (ABFA, Pub. L. 117-129). Application users will be able to respond 
to requests for more information, as needed, within the application. 
This will streamline the waiver request process and ensure that all 
waiver correspondence is kept associated to the waiver request. Waivers 
are requested on an as needed basis, and not all State agencies will 
request a waiver for a Program requirements. Waivers are authorized by 
specific legislation and may have a

[[Page 106421]]

scope that only applies to some of the Programs. State Plan Program 
operations are also supported in the WiSP application. Federal 
regulations require that State Plan Program-related information be 
collected and that full and complete records concerning Program 
operations are maintained. State Plans are the principal source of 
information about how each State agency operates WIC, FMNP and SFMNP. 
State agencies gather information to inform their initial and annual 
State Plan submissions throughout their work during an average year. 
This involves consolidating and summarizing the results of: local 
agency authorization and monitoring; participant certification of 
eligibility; authorized outlet selection, authorization, 
disqualification, monitoring visits, and monitoring reviews; face-to-
face training results; Food instrument receipt, issuance, and 
disposition; complaint handling; policy establishment for sanctions; 
financial management system establishment and maintenance; management 
evaluation system establishment and maintenance; and corrective action 
plan establishment and maintenance all of which are associated to the 
reporting burden approved under OMB Control Numbers: 0584-0687 (WIC), 
0584-0447 (FMNP) and 0584-0541 (SFMNP).
    Current and new State agencies are required to submit State Plans 
annually per the guidelines of the respective Programs, as an 
application or prerequisite to the receipt of federal funds from FNS.
    Each Program has one or more designated checklists that cover 
different Program requirements. FMNP and SFMNP optionally allow for 
some Programs to be combined into a single, consolidated State Plan 
checklist. The new application will support each Program's individual 
checklists, and allowable, consolidated checklists.
    WIC State agencies are required to submit their full Program 
planning data in 10 distinct checklist documents. Each fiscal year, 
only a portion of the total checklists are required to be submitted. 
The required checklists are published prior to the due date of WIC 
State Plans and apply equally to all State agencies. It is estimated 
that each State agencies will be required to annually submit 4 
checklists per FY from each WIC State agency. State agencies may choose 
provide updates to the other 6 checklists on file but are not required 
to submit updates for these.
    FMNP and SFMNP Programs require that each of their State agencies 
submit 1 (one) of the of the 3 different versions of State Plan 
checklists available: FMNP only, SFMNP only, and S/FMNP Consolidated. 
The Consolidated checklist is for State agencies who administer both 
Programs.
    The burden table information collection items are grouped by 
Waivers and then State Plan items, then by the collection items. The 
lines in the collection grouping identify the State agency category 
group for the respondents. For each collection item, we have identified 
the estimated burden by State agency category.

Reporting Burden

    Affected Public: Respondent groups identified include State agency 
officials from the 50 geographic States, 6 US Territories, and 32 
Indian Tribal Organizations. Not all identified State agencies 
participate with all Programs or with all application features. Program 
Waivers are issued based upon regulations these non-mandatory requests 
are available for the State agencies at their option. WIC, FMNP and 
SFMNP Programs require that each of their State agencies file a Program 
specific State Plan each year.
    Estimated Number of Respondents: The total estimated number of 
respondents is 2,656 (1176 Waiver respondents + 1480 State Plan 
respondents including one time effort activities), which represents the 
estimated sum of all State agencies for all applicable FNS Programs, 
across all collection items for both Waivers and State Plans.
    Estimated Number of Responses per Year: The State agencies will be 
able to use the WiSP application to submit Program Waivers, and State 
Plans. The estimated total number of responses per year is 2,652.28 
(380.28 Waiver responses + 2272.00 State Plan responses including one 
time effort activities), which represents the estimated sum of all 
requests estimated from State agencies for all applicable FNS Programs, 
across all collection items for both Waivers and State Plans. The 
distinct number of responses is broken down below for Waivers and then 
State Plans.
    Estimated Time per Response: The estimated time of response for 
both Waivers and State Plans varies from 0.89 to 11.77 hours depending 
on respondent group and instrument, as shown in the table below, with 
an average estimated time of 10.21 hours for all participants.
    Estimated Total Annual Burden on Respondents: The estimated total 
annual burden on respondents for both Waivers and State Plan items is 
27,074.66 hours. See the table below for estimated total annual burden 
for each type of respondent.

Record-Keeping Burden

    Affected Public: Record-keeping groups identified include State 
agency officials from the 50 geographic States, 6 US Territories, and 
32 Indian Tribal Organizations.
    Estimated Number of Record-Keepers: The total estimated number of 
record-keepers is 196.00 which represents the estimated sum of all 
State agencies for all applicable FNS Programs, across all collection 
items for State Plans.
    Estimated Number of Records per Year: The estimated total number of 
annual records is 196.00 for State Plans.
    Estimated Time per Record Keeper: The estimated time per record-
keeper for State Plans is 1.00 hours.
    Estimated Total Record-Keeping Burden Hours: The estimated total 
annual burden on record-keepers State Plans is 196.00 hours.

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                                                     Estimated
                                     Estimated        annual
      Information collected          number of     frequency of    Total annual      Hours per     Total annual
                                    respondents    response per      responses       response     burden (hours)
                                                    respondent
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Gathering data for waiver                 196.00            0.48           94.90            1.00           94.90
 request........................
Waiver request form.............          588.00            0.34          202.47            2.67          162.29
Supplemental Data waiver                  196.00            0.16           31.89            1.00           31.89
 requests.......................
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    Waiver Sub Total............        1,176.00            0.32          380.28            0.89          340.10
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Import of all existing State              196.00            5.04          988.00            2.00        1,976.00
 Plans..........................
Application data entry training.          500.00            1.00          500.00            2.00        1,000.00
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[[Page 106422]]

 
    State Plan One Time Effort            696.00            2.14        1,488.00            2.00        2,976.00
     Sub Total..................
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State Plan of Operations........          588.00            1.00          588.00           40.07       23,562.56
State Plan Record Maintenance...          196.00            1.00          196.00            1.00          196.00
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    State Plan Annual Effort Sub          784.00            1.00          784.00           30.30       23,758.56
     Total......................
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        State Plan Sub Total....        1,480.00            1.54        2,272.00           11.77       26,734.56
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            Grand Totals........        2,656.00            1.00        2,652.28           10.21       27,074.66
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Tameka Owens,
Acting Administrator and Assistant Administrator, Food and Nutrition 
Service.
[FR Doc. 2024-31264 Filed 12-27-24; 8:45 am]
BILLING CODE 3410-30-P