[Federal Register Volume 66, Number 149 (Thursday, August 2, 2001)]
[Proposed Rules]
[Pages 40152-40153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19331]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 66, No. 149 / Thursday, August 2, 2001 / 
Proposed Rules  

[[Page 40152]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 246

RIN: 0584-AA80


Special Supplemental Nutrition Program for Women, Infants and 
Children (WIC): Food Delivery Systems--Delay of Implementation Date; 
Proposed Rule

AGENCY: Food and Nutrition Service, USDA.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would delay the implementation date of the 
final rule entitled Special Supplemental Nutrition Program for Women, 
Infants and Children (WIC): Food Delivery Systems, published in the 
Federal Register on December 29, 2000, 65 FR 83248, which became 
effective on April 28, 2001 and has an implementation date of February 
27, 2002. The rule strengthens vendor management in retail food 
delivery systems by establishing mandatory selection criteria, training 
requirements, criteria to be used to identify high-risk vendors, and 
monitoring requirements, including compliance investigations. The 
proposed delay of the implementation date until October 1, 2002 is 
necessary to provide State agencies additional time to implement the 
rule, to promote more effective and efficient implementation of the new 
requirements, and because the new implementation date corresponds with 
the beginning of the Federal fiscal year.

DATES: To be assured of consideration, written comments must be 
postmarked on or before September 4, 2001. Since comments are being 
accepted simultaneously on several separate rulemakings, commenters on 
this proposed rule are asked to label their comments: ``Delay of 
Implementation Date.'' Electronic transmissions of comments, including 
data faxes and electronic mail, will not be accepted. Any comments 
received on requirements or provisions contained in the final rule 
published on December 29, 2000, will not be considered.

ADDRESSES: Comments should be sent to Patricia N. Daniels, Director, 
Supplemental Food Programs Division, Food and Nutrition Service, U.S. 
Department of Agriculture, 3101 Park Center Drive, Room 1414, 
Alexandria, VA 22302. All written submissions will be available for 
public inspection at this address during normal business hours (8:30 
a.m. to 5:00 p.m.), Mondays through Fridays.

FOR FURTHER INFORMATION CONTACT: Debra R. Whitford, Chief, Policy and 
Program Development Branch, at the above address or by telephone to 
(703) 305-2746.

SUPPLEMENTARY INFORMATION:

Background

Why Are We Proposing To Delay the Implementation Date?

    A final rule entitled Special Supplemental Nutrition Program for 
Women, Infants and Children (WIC): Food Delivery Systems, was published 
in the Federal Register on December 29, 2000, 65 FR 83248, with an 
implementation date of February 27, 2002. The rule strengthens vendor 
management in retail food delivery systems by establishing mandatory 
selection criteria, training requirements, criteria to be used to 
identify high-risk vendors, and monitoring requirements, including 
compliance investigations. Some of the requirements in the final rule, 
such as the annual identification of high-risk vendors and related 
monitoring requirements, are based on the Federal fiscal year. Further, 
the rule establishes many new State Plan requirements. Approval of 
State Plans for each fiscal year is a prerequisite to the receipt of 
Federal funds for that fiscal year. Moving the implementation date to 
the beginning of the fiscal year, October 1, 2002, is intended to 
result in more efficient and effective implementation of the rule by 
State agencies. For these reasons, we believe the October 1, 2002 date 
is a more appropriate alternative implementation date.

Why Is the Comment Period Limited to 30 Days?

    In light of the noncontroversial nature and limited scope of this 
change, the Department limited the comment period to 30 days to provide 
State agencies with notification of this change as quickly as possible.

Executive Order 12866

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866, and, therefore, has not been 
reviewed by the Office of Management and Budget (OMB).

Regulatory Flexibility Act

    This rule has been reviewed with regard to the requirements of the 
Regulatory Flexibility Act (5 U.S.C. 601-612). The Acting Administrator 
of the Food and Nutrition Service (FNS) has certified that this rule 
will not have a significant economic impact on a substantial number of 
small entities. While procedures in this rulemaking will affect State 
and local agencies that administer the WIC Program, any economic effect 
will not be significant.

Unfunded Mandate Reform Act of 1995

    Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, FNS 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, or tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. When such a statement is needed for a rule, section 205 of 
the UMRA generally requires FNS to identify and consider a reasonable 
number of regulatory alternatives and adopt the least costly, more 
cost-effective or least burdensome alternative that achieves the 
objectives of the rule. This rule contains no Federal mandates (under 
the regulatory provisions of Title II of the UMRA) for State, local, 
and tribal governments or the private sector of $100 million or more in 
any one year. Thus, this rule is not subject to the requirements of 
sections 202 and 205 of the UMRA.

Executive Order 12372

    The WIC Program is listed in the Catalog of Federal Domestic 
Assistance under 10.557. For the reasons set forth

[[Page 40153]]

in the final rule in 7 CFR Part 3015, Subpart V, and related Notice (48 
FR 29115), this program is included in the scope of Executive Order 
12372 which requires intergovernmental consultation with State and 
local officials.

Paperwork Reduction Act of 1995

    This proposed rule contains no new information collection 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507). The existing recordkeeping and reporting requirements, which 
were approved by OMB under control number 0584-0045, will not change as 
a result of this rule.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This proposed rule is intended to have preemptive 
effect with respect to any State or local laws, regulations, or 
policies which conflict with its provisions or which would otherwise 
impede its full implementation. This rule is not intended to have 
retroactive effect unless so specified in the DATES section of the 
preamble. Prior to any judicial challenge to the application of the 
provisions of this proposed rule, all applicable administrative 
procedures must be exhausted.

List of Subjects in 7 CFR Part 246

    Administrative practice and procedure, Civil rights, Food 
assistance programs, Food and Nutrition Service, Food donations, Grant 
programs--health, Grant programs--social programs, Indians, Infants and 
children, Maternal and child health, Nutrition, Nutrition education, 
Penalties, Reporting and recordkeeping requirements, Public assistance 
programs, WIC, Women.

George A. Braley,
Acting Administrator, Food and Nutrition Service.
[FR Doc. 01-19331 Filed 8-1-01; 8:45 am]
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