[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Notices]
[Pages 59379-59381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24575]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Agency Information Collection Activities: Proposed Collection; 
Comment Request--National Universal Product Code (UPC) Database

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 revision 
of a currently approved collection for the development and maintenance 
of a central repository containing information about authorized WIC 
foods as approved by various WIC State agencies.

DATES: Written comments must be received on or before November 25, 
2011.

ADDRESSES: 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

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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. Comments may be sent to: Debra Whitford, 
Food and Nutrition Service, U.S. Department of Agriculture, 3101 Park 
Center Drive, Room 520, Alexandria, VA 22302. Comments may also be 
submitted via e-mail to [email protected]. Comments will also be 
accepted through the Federal eRulemaking Portal. Go to http://www.regulations.gov, and follow the online instructions for submitting 
comments electronically.
    All written comments will be open for public inspection at the 
office of the Food and Nutrition Service during regular business hours 
(8:30 a.m. to 5 p.m. Monday through Friday) at 3101 Park Center Drive, 
Room 528, Alexandria, Virginia 22302.
    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 Patricia 
Davis at 703-305-2746.

SUPPLEMENTARY INFORMATION:
    Title: National Universal Product Code (UPC) Database.
    Form Number: N/A.
    OMB Number: 0584-0552.
    Expiration Date: March 31, 2012.
    Type of Request: Revision of a currently approved collection.
    Abstract: The Special Supplemental Nutrition Program for Woman, 
Infants and Children (WIC), (Public Law 109-85), provides low-income 
pregnant, breastfeeding, and postpartum women, infants, and children up 
to age five with nutritious supplemental foods. The program also 
provides nutrition education and referrals to health and social 
services.
    The WIC Program is administered by the USDA Food and Nutrition 
Service (FNS). FNS provides grant funding and issues regulations which 
are utilized by WIC State agencies to operate the WIC Program and 
distribute benefits through local WIC clinics. The program operates 
throughout the 50 States, in the District of Columbia, Guam, Puerto 
Rico, American Samoa, Commonwealth of the Northern Mariana Islands, the 
Virgin Islands, and in 34 Indian Tribal Organizations.
    WIC State agencies are required to authorize eligible foods on 
their WIC food list by federal regulations at 7 CFR part 246. Under 
these regulations, State agencies must review food products for 
eligibility in accordance with federal regulations and State agency 
(SA) policies. State agencies are not required to authorize all food 
products eligible under Federal regulations, but generally select foods 
based on factors such as cost, availability and acceptability to 
participants. After review, the State agency develops a list of food 
items available to WIC participants for purchase. State agencies 
require Authorized Vendors (i.e., stores authorized to provide WIC 
foods) to ensure that only authorized food items are purchased. A few 
of these vendors have programmed their point of sale systems to 
identify WIC approved foods and their associated Universal Product Code 
(UPC) or Price Look-Up (PLU) code as individual products are scanned at 
the checkout; however, many vendors still rely on their checkout clerks 
to ensure only authorized WIC products are approved for purchase.
    WIC State agencies operating WIC Electronic Benefit Transfer (EBT) 
systems provide their Authorized Vendors with an electronic file 
containing the State agency's current list of authorized foods. This 
food list is known as the Authorized Products List (APL). In State 
agencies that have implemented EBT systems, as products are scanned at 
the checkout lane, the UPC or PLU is matched to the State specific APL. 
Food items that match the APL, and which are presented in quantities 
less than or equal to the remaining benefit balance associated with the 
participant's WIC EBT card, are approved for purchase. Unmatched items, 
or items in excess of the available account balance, may not be 
purchased. Authorized WIC Vendors then submit an electronic claim for 
payment which is evaluated by the SA and is sometimes adjusted by the 
SA prior to making payment. Subsequent payment of an Authorized 
Vendor's claim for redemption of WIC benefits is made via an Automated 
Clearinghouse House electronic transfer.
    The Healthy, Hunger-Free Kids Act of 2010 directs the Secretary of 
Agriculture to establish a National Universal Product Code (NUPC) 
database to be used by all WIC State agencies as they implement 
Electronic Benefit Transfer (EBT) statewide, which is a requirement of 
the law. As a result of this legislation, FNS has adopted a plan to 
expand the number of data elements contained in the existing NUPC 
database while simultaneously reducing the burden of manual data entry 
currently borne by WIC State agency employees tasked with populating 
the database. Planned NUPC database modifications and expansion 
activities are expected to allow for the storage and retrieval of 
additional data elements for each WIC authorized food to include: 
Nutrition facts panel, ingredients, allergies, gluten free status, 
special processing practices (e.g. Kosher or Halal), free form comments 
field at the Federal level, and all currently existing product 
identifier fields. Responsibility for populating the NUPC database, 
which currently resides with individual State agencies, will be shifted 
to an independent contractor who will serve as the single point of 
entry for all information entering the NUPC database to ensure that 
NUPC data is captured with a high level of accuracy while preserving 
data integrity in a standardized format. Currently it is anticipated 
that State agencies intending to utilize the NUPC database to create an 
initial APL may choose to provide only 5 data elements (i.e. UPC, Item 
Name, Package size, Container type, and National Category & Subcategory 
code) when adding new products to the NUPC database. In addition, State 
agencies which operate WIC EBT systems, or distribute an APL to their 
Authorized Vendors, will be asked to forward a copy of their APL to the 
NUPC database as changes occur.
    The NUPC database will therefore provide all State agencies with 
access to a central repository containing comprehensive information 
about authorized WIC foods. State agencies are expected to use the NUPC 
database to create an initial list of authorized foods eligible for 
redemption by WIC Program participants. Subsequently, State agencies 
may use the NUPC database to maintain their list of authorized foods 
and to create an APL for distribution to Authorized Vendors operating 
in the EBT environment.
    Affected Public: State and Tribal Governments. Respondent groups 
identified include all WIC State agencies currently operating WIC EBT 
systems, all WIC State agencies currently implementing WIC EBT systems, 
and all WIC State agencies which have requested funding to implement 
WIC EBT systems.
    Estimated Number of Respondents (March 2012 to March 2015): The 
total estimated number of respondents is 17. This includes 10 WIC State 
agencies currently operating EBT systems, 3 WIC State agencies 
currently implementing WIC EBT systems, and 4 WIC State

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agencies which have requested funds for EBT implementation projects.
    Estimated Number of Responses per Respondent: The WIC State 
agencies operating or implementing EBT systems will be asked to provide 
an electronic copy of their APL in the format specified in the ANSI 
standard X.9.93 2008 part 2 whenever the contents of the APL change. 
FNS estimates that each State agency will modify their respective APL's 
no more than 3 times per week which is equivalent to a maximum of 156 
responses per year.
    Estimated Total Annual Responses: 2,652 = 17 SA's * 3 submissions/
week * 52 weeks/year.
    Estimated Time per Response: 648.153 seconds (10.8 minutes or 0.180 
hours). The estimated time per response is comprised of the following 
three components: 92.307 seconds (0.025641 hours) which represents a 
one-time expenditure of 4 hours per State agency per year to develop or 
maintain a software application for use transmitting the APL to FNS 
(amortized over 156 responses per year); 2 seconds (.000243 hours) per 
response to transmit each APL file electronically; and 553.846 seconds 
(0.153846 hours) which represents a recurring expenditure of 24 hours 
per State agency per year to correct or troubleshoot failed APL 
transmissions (amortized over 156 responses per year).
    Estimated Total Annual Burden on Respondents: 28,641.6 minutes 
(477.36 hours). The table below provides an estimated total annual 
burden for each type of respondent.

                                                Reporting Burden
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                                                                                  Estimated avg.
                                     Estimated       Responses     Total annual      number of       Estimated
           Respondent                 number       annually per      responses       hours per      total hours
                                    respondent      respondent                       response
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WIC State agencies operating EBT              10             156            1560           0.180          280.80
 systems........................
WIC State agencies implementing                3             156             468           0.180           84.24
 EBT systems....................
WIC State agencies requesting                  4             156             624           0.180          112.32
 implementation funds...........
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    Total Reporting Burden......              17  ..............            2652  ..............          477.36
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    Dated: September 12, 2011.
Audrey Rowe,
Administrator, Food and Nutrition Service.
[FR Doc. 2011-24575 Filed 9-23-11; 8:45 am]
BILLING CODE 3410-30-P