[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Notices]
[Pages 10569-10571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04262]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Agency Information Collection Activities: WIC Program Regulations

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 to add the submittal of Authorized 
Product Lists in the Special Supplemental Nutrition Program for Women, 
Infants and Children (WIC) into the collection.

DATES: Written comments must be received on or before May 2, 2016.

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 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: Jerilyn Malliet, Chief, WIC EBT Branch, 
Supplemental Food Programs Division, Food and Nutrition Service, USDA, 
3101 Park Center Drive, Room 522, Alexandria, Virginia 22302. Comments 
may also be submitted via fax to the attention of Jerilyn Malliet at 
703-305-2196 or via email 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 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 Jerilyn 
Malliet at 703-305-2746.

SUPPLEMENTARY INFORMATION: 
    Title: WIC Program Regulations.
    Form Number: N/A.
    OMB Number: 0584-0043.
    Expiration Date: April 30, 2017.
    Type of Request: Revision of a currently approved collection.
    Abstract: The Special Supplemental Nutrition Program for Women, 
Infants and Children (WIC) 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 including breastfeeding promotion and support, 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. The 
Healthy Hunger-Free Kids Act of 2010 (hereinafter referred to as the 
HHFKA) (Pub. L. 111-296) requires all WIC State agencies to convert to 
an Electronic Benefit Transfer (EBT) benefit delivery method by October 
1, 2020. A Proposed Rule regarding WIC EBT-related provisions from the 
HHFKA was published on February 28, 2013 (Federal Register February 28, 
2013 at 79 FR 13549). The WIC EBT-related provisions of the HHFKA and 
other EBT implementation requirements included in this final rule are: 
(1) A definition of EBT; (2) a mandate that all WIC State agencies 
implement an EBT delivery method by October 1, 2020; (3) system 
management and reporting requirements; (4) revisions to current 
provisions that prohibit imposition of costs on vendors; (5) a 
requirement for the Secretary of Agriculture to establish minimum lane 
equipage standards; (6) a requirement for the Secretary of Agriculture 
to establish technical standards and operating rules; and (7) a 
requirement that State agencies use the National Universal Product Code 
(NUPC) database.
    While a conforming amendment has added two additional State Plan 
requirements in addition to the requirement for an annual EBT status 
update, the Department considers these to be minimal reporting burden. 
The annual status report replaces existing updates required for benefit 
delivery methods using paper food instruments. The two conforming 
amendments clarify content for EBT delivery replacing the existing 
paper food instrument or other food delivery content.
    The final rule at 7 CFR 246.12(y) requires each State agency to 
have an active EBT project within 90 days of the effective date of the 
regulation and, if they have not yet begun EBT planning, to submit 
their EBT Planning Advanced Planning Document (PAPD) for FNS approval. 
Under OMB Control Number 0584-0043, it is estimated that 15 APDs would 
be submitted each year As a result, the current estimate of 15 
submissions per year is unchanged. The existing recordkeeping and 
reporting requirements related to APD documents, which were approved 
under OMB Control Number 0584-0043, will not change as a result of this 
rule.
    WIC State agencies are required to authorize eligible foods on 
their WIC food list by federal regulations at 7 CFR part 246.10. Under 
these regulations, State agencies must review food products for 
eligibility in accordance with Federal regulations and State agency 
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

[[Page 10570]]

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 only WIC-authorized food items are purchased. 
Under an EBT delivery method, authorized WIC vendors have programmed 
their point-of-sale systems to identify WIC authorized foods and their 
associated Universal Product Code (UPC) or Price Look-Up (PLU) code as 
individual products are scanned at the checkout lane.
    WIC State agencies using an EBT delivery method provide their 
authorized vendors with an electronic file containing the State 
agency's current list of authorized foods. This is known as the 
Authorized Products List (APL). In EBT system designs, food item UPCs 
or PLU codes are scanned at the checkout lane and then matched to the 
UPC or PLU listed on the State specific APL. Food items matching 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 food balance, cannot be purchased with WIC benefits.
    At present, under OMB Control Number 0584-0043, each State agency 
provides an updated food list annually as part of the State Plan 
requirements at 7 CFR 246.10(b)(2)(i); and as the food lists are 
updated. Section 246.12(cc) requires each State agency to use the NUPC 
database, at a minimum, to submit their APL as they begin statewide 
rollout and as it is updated. The Department has determined that a 
State agency operating an EBT delivery method may satisfy these annual 
and `as updated' reporting requirements by submitting the APL in place 
of the food list because it contains the brands, sizes and quantities 
allowed by each WIC State agency. The APLs are updated as new products 
are added or removed by each WIC State agency. The annual burden for 
the next three years is based on an average of 37 WIC State agencies 
expected to be operating WIC EBT during the next three years and who 
will distribute APL's to their WIC-authorized vendors. This estimate of 
37 EBT operational State agencies is based on implementation projects 
approved in December 2015 by the Department. Each State agency is 
estimated to update the APL 2.5 times per week totaling 130 updates per 
year. Approximately 30 seconds (0.0083 hours) is the estimated time 
necessary to submit the APL to the Department.
    FNS estimates that these final rule provisions will increase the 
reporting burden for the WIC state and local agencies by 40 hours and 
4,810 responses. This final rule does not impact the remaining 
reporting burden for this collection, nor does it impact the 
recordkeeping burden. FNS will submit an Information Collection Request 
clearance package to the Office of Management and Budget (OMB) based on 
the provisions of this final rule and comments received on this 60-Day 
Notice. These amended information collection requirements will not 
become effective until approved by OMB. When OMB has approved these 
information collection requirements, FNS will publish a separate action 
in the Federal Register announcing the approval.

Reporting Burden

    Affected Public: The final EBT rule only affects the State, Local, 
and Tribal Governments respondent group and impacts only the WIC State 
agencies currently operating WIC EBT systems. While this information 
collection burden also covers businesses and other for profit 
organizations, and individuals and households, the rule does not 
increase the reporting burden for these other respondents.
    Estimated Number of Respondents: Out of a total of 9,011,137 
respondents for this collection, FNS estimates that these final rule 
provisions will affect an average of 37 WIC State agencies. This 
estimate includes 25 WIC State agencies operating EBT in 2016, 38 WIC 
State agencies operating EBT in 2017, and 47 WIC State agencies 
operating EBT in 2018. The annual average of 37 State agencies is the 
sum of the number of State agencies estimated to be EBT operational 
divided by three years.
    Estimated Frequency of Responses per Respondent per year: 2.78 
responses. FNS estimates that 37 WIC State agencies will submit an APL 
2.5 times per week. Submitting 2.5 APLs per week over 52 weeks per year 
equals 130 responses per WIC State agency annually. FNS estimates that 
this revision will change the frequency of State agency responses to 
6,533.
    Estimated Total Annual Responses: FNS estimates that the final rule 
provisions concerning the submission of the APL will add 4,810 
responses (37 WIC State agencies x 130 estimated responses per 
respondent) to the collection, increasing the overall total estimated 
annual responses to 25,046,888.
    Estimated Time per Response: FNS estimates that it will take each 
State agency 30 seconds (0.0083 hours) to submit the APL. The estimated 
time per response for the state or local agencies is 0.20 and the 
overall estimated time per response is 0.13. WIC State agencies are not 
expected to expend additional time to gather or format the requested 
information for the federal government reporting requirement since this 
information is already collected in support of each State agency's EBT 
operations. The estimated time required to maintain and troubleshoot 
electronic systems is amortized over the expected number of responses.
    Estimated Total Annual Burden on Respondents: FNS estimates that 
the final rule provisions will add 40 hours (4,810 responses x 0.0083 
hours per response) to the total burden for the State and local 
agencies, increasing it from 2,516,924 to 2,516,964. This in turn 
increases the overall reporting burden for this collection to 3,324,780 
burden hours.
    Current OMB Inventory: 3,324,740 hours.
    Difference (Burden Revisions Requested Due to the Final Rule): 40 
hours.

Recordkeeping Burden

    Affected Public: State, Local, and Tribal Agencies (including 
Indian Tribal Organizations and U.S. Territories).
    Estimated Number of Recordkeepers: 11,929.
    Estimated Number of Records: 3,011.
    Total Estimated Annual Records: 35,919,470.
    Estimated Annual Hours per Recordkeeper: .02 hours.
    Estimated Total Recordkeeping Burden Hours: 695,758.
    Current OMB Inventory: 695,758.
    Difference (Burden Revisions Requested Due to the Final Rule): 
None.
    Estimated Grand Total for Reporting and Recordkeeping Burden: 
4,020,537 hours.
    The estimated total annual reporting and recordkeeping burden for 
each type of respondent is shown below:

[[Page 10571]]



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                                                   Frequency of                      Estimated
                                     Estimated     responses per   Total annual    average # of      Estimated
           Respondent                number of      respondent       responses       hours per      total hours
                                    respondents     (annually)     (Col. b x c)      response      (Col. d x c)
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Reporting Burden:
    State, Local, and Indian               1,929           6,533      12,602,967            0.20       2,516,964
     Tribal Governments (WIC
     State agencies and WIC
     local agencies)............
    Business or Other For-Profit          48,621            2.23         108,302            1.77         191,987
     (WIC Authorized Vendors)...
    Individuals and Households         8,960,587            1.38      12,335,620            0.05         615,829
     (WIC Participants).........
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        Reporting Grand Total...       9,011,137            2.78      25,046,888            0.13       3,324,780
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                                                                       Total
                                     Estimated       Estimated       estimated       Estimated       Estimated
           Respondent                number of       number of        annual       time  (hours)   burden hours
                                   recordkeepers      records         records
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      Recordkeeping Burden:
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    State, Local, and Tribal              11,929           3,011      35,919,470            0.02         695,758
     Government (State and Local
     agencies, including Indian
     Tribal Organizations and
     U.S. Territories)..........
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        Grand Total--Reporting         9,023,066           3,014      60,966,358            0.15       4,020,537
         and Recordkeeping......
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    Dated: February 19, 2016.
Audrey Rowe,
Administrator, Food and Nutrition Service.
[FR Doc. 2016-04262 Filed 2-29-16; 8:45 am]
 BILLING CODE 3410-30-P