[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Notices]
[Pages 16599-16603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6946]


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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 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, 2011.

FOR FURTHER INFORMATION CONTACT: Anne Bartholomew, Branch 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 is exempt from review by the Office of Management and 
Budget under 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 the Office of Management and Budget 
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 2011/2012 was published by the Department of Health and 
Human Services (HHS) at 76 FR 3637, January 20, 2011. 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

[[Page 16600]]

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, 2011, through June 30, 2012. 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, 2011.
    State agencies that do not coordinate implementation with the 
revised Medicaid guidelines must implement the WIC income eligibility 
guidelines on July 1, 2011. 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. 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.
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    Authority: 42 U.S.C. 1786.

    Dated: March 18, 2011.
Julia Paradis,
Administrator.
[FR Doc. 2011-6946 Filed 3-23-11; 8:45 am]
BILLING CODE 3410-30-C