[Federal Register Volume 78, Number 56 (Friday, March 22, 2013)]
[Notices]
[Pages 17631-17632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06547]


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DEPARTMENT OF AGRICULTURE


Food and Nutrition Service

Special Supplemental Nutrition Program for Women, Infants and 
Children (WIC): Income Eligibility Guidelines

AGENCY: Food and Nutrition Service, USDA.

ACTION: Notice.

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SUMMARY: The U.S. Department of Agriculture (``Department'') announces 
adjusted income eligibility guidelines to be used by State agencies in 
determining the income eligibility of persons applying to participate 
in the Special Supplemental Nutrition Program for Women, Infants and 
Children Program (WIC). These income eligibility guidelines are to be 
used in conjunction with the WIC Regulations.

DATES: Effective Date: July 1, 2013.

FOR FURTHER INFORMATION CONTACT: Donna Hines, Chief, Policy Branch, 
Supplemental Food Programs Division, FNS, USDA, 3101 Park Center Drive, 
Alexandria, Virginia 22302, (703) 305-2746.

SUPPLEMENTARY INFORMATION: 

Executive Order 12866

    This notice has been determined to be not significant and was not 
reviewed by the Office of Management and Budget (OMB) in conformance 
with Executive Order 12866.

Regulatory Flexibility Act

    This action is not a rule as defined by the Regulatory Flexibility 
Act (5 U.S.C. 601-612) and thus is exempt from the provisions of this 
Act.

Paperwork Reduction Act of 1995

    This notice does not contain reporting or recordkeeping 
requirements subject to approval by OMB in accordance with the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3507).

Executive Order 12372

    This program is listed in the Catalog of Federal Domestic 
Assistance Programs under No. 10.557, and is subject to the provisions 
of Executive Order 12372, which requires intergovernmental consultation 
with State and local officials (7 CFR part 3015, subpart V, 48 FR 
29114, June 24, 1983, and 49 FR 22676, May 31, 1984).
    Description: Section 17(d)(2)(A) of the Child Nutrition Act of 
1966, as amended (42 U.S.C. 1786(d)(2)(A)), requires the Secretary of 
Agriculture to establish income criteria to be used with nutritional 
risk criteria in determining a person's eligibility for participation 
in the WIC Program. The law provides that persons will be income 
eligible for the WIC Program only if they are members of families that 
satisfy the income standard prescribed for reduced-price school meals 
under section 9(b) of the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1758(b)). Under section 9(b), the income limit for reduced-
price school meals is 185 percent of the Federal poverty guidelines, as 
adjusted.
    Section 9(b) also requires that these guidelines be revised 
annually to reflect changes in the Consumer Price Index. The annual 
revision for 2013/2014 was published by the Department of Health and 
Human Services (HHS) at 78 FR 16, January 24, 2013. The guidelines 
published by HHS are referred to as the poverty guidelines.
    Section 246.7(d)(1) of the WIC regulations (Title 7, Code of 
Federal Regulations) specifies that State agencies may prescribe income 
guidelines either equaling the income guidelines established under 
section 9 of the Richard B. Russell National School Lunch Act for 
reduced-price school meals, or identical to State or local guidelines 
for free or reduced-price health care. However, in conforming WIC 
income guidelines to State or local health care guidelines, the State 
cannot establish WIC guidelines which exceed the guidelines for 
reduced-price school meals, or which are less than 100 percent of the 
Federal poverty guidelines. Consistent with the method used to compute 
income eligibility guidelines for reduced-price meals under the 
National School Lunch Program, the poverty guidelines were multiplied 
by 1.85 and the results rounded upward to the next whole dollar. At 
this time, the Department is publishing the maximum and minimum WIC 
income eligibility guidelines by household size for the period July 1, 
2013, through June 30, 2014. Consistent with section 17(f)(17) of the 
Child Nutrition Act of 1966, as amended (42 U.S.C. 1786(f)(17)), a 
State agency may implement the revised WIC income eligibility 
guidelines concurrently with the implementation of income eligibility 
guidelines under the Medicaid Program established under Title XIX of 
the Social Security Act (42 U.S.C. 1396, et seq.). State agencies may 
coordinate implementation with the revised Medicaid guidelines, i.e., 
earlier in the year, but in no case may implementation take place later 
than July 1, 2013.
    State agencies that do not coordinate implementation with the 
revised Medicaid guidelines must implement the WIC income eligibility 
guidelines on July 1, 2013. The first table of this Notice contains the 
income limits by household size for the 48 contiguous States, the 
District of Columbia, and all Territories, including Guam.

[[Page 17632]]

[GRAPHIC] [TIFF OMITTED] TN22MR13.001

    Because the poverty guidelines for Alaska and Hawaii are higher 
than for the 48 contiguous States, separate tables for Alaska and 
Hawaii have been included for the convenience of the State agencies.

    Authority:  42 U.S.C. 1786.

    Dated: March 8, 2013.
Audrey Rowe,
Administrator.
[FR Doc. 2013-06547 Filed 3-21-13; 8:45 am]
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