[Federal Register Volume 66, Number 202 (Thursday, October 18, 2001)]
[Rules and Regulations]
[Pages 52849-52850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26194]



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 Rules and Regulations
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  Federal Register / Vol. 66, No. 202 / Thursday, October 18, 2001 / 
Rules and Regulations  

[[Page 52849]]



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

AGENCY: Food and Nutrition Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule delays from February 27, 2002 until October 1, 
2002 the implementation date of the final rule entitled Special 
Supplemental Nutrition Program for Women, Infants and Children (WIC): 
Food Delivery Systems, which was published in the Federal Register on 
December 29, 2000, 65 FR 83248, and became effective on April 28, 2001. 
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 new 
implementation date of October 1, 2002 provides State agencies 
additional time to implement the rule, promotes more effective and 
efficient implementation of the new requirements, and corresponds with 
the beginning of the Federal fiscal year.

DATES: This rule is effective November 19, 2001. State agencies must 
fully implement the provisions of the WIC Food Delivery Systems final 
rule no later than October 1, 2002.

FOR FURTHER INFORMATION CONTACT: Debra R. Whitford, Supplemental Food 
Programs Division, Food and Nutrition Service, 3101 Park Center Drive, 
Room 522, Alexandria, Virginia 22302, (703) 305-2746.

SUPPLEMENTARY INFORMATION:

Background

    On August 2, 2001, the Department published a proposed rule at 66 
FR 40152 that would delay the implementation date of the WIC Food 
Delivery Systems final rule from February 27, 2002 to October 1, 2002. 
A total of nine comment letters were received during the comment 
period, which ended on September 4, 2001. All nine comment letters 
generally supported the delay of the implementation date. Whereas one 
commenter suggested further delaying the implementation date until 
September 30, 2003, another commenter indicated that it would not 
support delaying the implementation beyond the proposed date of October 
1, 2002. We considered the proposed changes to its implementation date 
and concluded that the proposed date of October 1, 2002 is the most 
appropriate. Therefore, based on the comments received, and for the 
reasons cited in the proposed rule, the Department has decided to delay 
the implementation date of the WIC Food Delivery Systems final rule 
until October 1, 2002, as proposed. The Department has given all 
comments careful consideration in the development of this final rule 
and would like to thank all commenters who responded to the proposal.
    For the reasons set forth in the above paragraph, the WIC Food 
Delivery Systems final rule, published December 29, 2000, at 65 FR 
83248, is amended to extend the final date for implementation from 
February 27, 2002 to October 1, 2002.

Executive Order 12866

    This final 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 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 final 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 final 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

[[Page 52850]]

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 final 
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.

    Dated: October 12, 2001.
George A. Braley,
Acting Administrator, Food and Nutrition Service.
[FR Doc. 01-26194 Filed 10-17-01; 8:45 am]
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