[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]
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