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 a revision of a currently approved collection. This information collection addresses the state agency reporting and recordkeeping burden associated with the following state agency options under the Supplemental Nutrition Assistance Program (SNAP): establishing and reviewing standard utility allowances (SUAs) and establishing methodology for offsetting cost of producing self-employment income.
Request for Comments
Written comments must be received on or before July 27, 2026.
Comments may be sent to: Kari Hardgrove, Food and Nutrition Service, U.S. Department of Agriculture, 1320 Braddock Place, 5th Floor, Alexandria, VA 22314. Comments may also be submitted via email at SNAPCPBRules@usda.gov. Comments will also be accepted through the Federal eRulemaking Portal. Go to 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 (OMB) approval. All comments will be a matter of public record.
Abstract
The information collection addresses the mandatory state agency information and burden estimates associated with the following state agency options under SNAP: establishing a methodology for offsetting cost of producing self-employment income and establishing and reviewing SUAs.
SNAP regulations at 7 CFR 273.11(b) require state agencies to calculate a household's self-employment income by excluding the cost of producing such income. The regulations allow state agencies, with approval from FNS, to establish the methodology for offsetting the costs of producing self-employment income, as long as the procedure does not increase program costs. Once approved by FNS via email, states can use these methodologies to determine net self-employment income for SNAP eligibility purposes.
SNAP regulations at 7 CFR 273.9(d)(6)(iii) allow state agencies to establish SUAs in place of the actual utility costs incurred by a household. State agencies must review and adjust SUAs annually to reflect changes in the costs of utilities. The final rule titled, Supplemental Nutrition Assistance Program: Standardization of Heating and Cooling Standard Utility Allowance (the final rule), published Nov. 18, 2024, revised SNAP regulations at 7 CFR 273.9(d)(6)(iii) to add the requirement that state agencies must submit for FNS approval their SUA methodologies at least every five years. Methodology submissions must incorporate any revisions necessary to demonstrate that the baseline expenditure data and underlying methodology reflect recent trends and changes. Additionally, state agencies' methodologies must:
- Reflect the entire state or geographic area the SUA covers;
- Use data sourced from utility providers or similarly reliable source;
- Reflect expenses incurred by low-income households; and
- Reflect residential utility expenses.
This revision incorporates the ongoing burden from the final rule, which is currently covered in OMB Control Number 0584-0651, expiration determined by final codification with the final rule. Following OMB approval of this revision, the Department plans to publish an additional notice in the Federal Register discontinuing 0584-0651 to reduce duplicative information collections since both capture SUA methodology burden.
Using FNS-388 and 388A (both approved under OMB Control Number 0584-0594, expiration date: 09/30/2026), states send aggregate level data on participation, benefits issued, and other basic program information to FNS using the Food Programs Reporting System (FPRS).
This collection uses information submitted in these FNS approved forms as supplemental data. However, this collection is not seeking approval for burden hours associated with the use of these forms because the burden is already accounted for under OMB Control Number 0584-0594.