This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

48845 

Vol. 74, No. 185 

Friday, September 25, 2009 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Part 246 

RIN 0584–AD77 

Special Supplemental Nutrition 

Program for Women, Infants and 

Children (WIC): Revisions in the WIC 

Food Packages 

AGENCY: Food and Nutrition Service 

(FNS), USDA. 

ACTION: Final rule; technical correction. 

SUMMARY: This document corrects a 

typographical error published in an 

interim final rule concerning maximum 

monthly allowances of supplemental 

foods for infants in food (packages I, II, 

and III) published in the Federal 

Register on December 6, 2007. A table 

contained a typographical error; this 

document corrects that error. All other 

information remains unchanged. 

DATES: Effective Date: This correction is 

effective September 25, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Debra R. Whitford, Chief, Policy and 

Program Development Branch, 

Supplemental Food Programs Division, 

Food and Nutrition Service, USDA, 

3101 Park Center Drive, Room 528, 

Alexandria, VA 22302, (703) 305–2746; 

Debbie.Whitford@fns.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Correction 

Interim rule document ‘‘Special 

Supplemental Nutrition Program for 

Women, Infants and Children (WIC): 

Revisions in the WIC Food Packages’’ 

published on December 6, 2007, at 72 

FR 68966, § 246.10, ‘‘Table 1.— 

Maximum Monthly Allowances of 

Supplemental Foods For Infants in Food 

Packages I, II, and III’’, contained a 

typographical error in the heading of the 

5th column. As a result, the January 

2009 revision of the CFR contained the 

incorrect column heading. This 

document ensures the correct heading 

will appear in the January 2010 edition 

of the CFR. For reasons of convenience 

and context, we are presenting table 1 

revised in its entirety, though the only 

change is the above-mentioned 

typographical error. 

List of Subject in 7 CFR Part 246 

Administrative practice and 

procedure, Civil rights, Food assistance 

programs, Grant programs—health, 

Grant programs—social programs, 

Infants and children, Maternal and child 

health, Nutrition. 

■ For reasons set forth in the preamble, 

the Food and Nutrition Service correctly 

amends 7 CFR part 246 as follows: 

PART 246—SPECIAL SUPPLEMENTAL 

NUTRITION PROGRAM FOR WOMEN, 

INFANTS AND CHILDREN 

■ 1. The authority citation for part 246 

continues to read as follows: 

Authority: 42 U.S.C. 1786. 

■ 2. In § 246.10, revise table 1 to read as 

follows: 

§ 246.10 Supplemental foods. 

* * * * * 

TABLE 1—MAXIMUM MONTHLY ALLOWANCES OF SUPPLEMENTAL FOODS FOR INFANTS IN FOOD PACKAGES I, II AND III 

Foods 1

Fully formula fed (FF) Partially breastfed (BF/FF) Fully breastfed (BF) 

Food packages 

I-FF & III–FF 

A: 0 through 3 

months 

B: 4 through 5 

months 

Food packages 

II–FF & III–FF 

6 through 11 

months 

Food packages 

I-BF/FF & III BF/FF 

A: 0 to 1 month 2

B: 1 through 3 

months 2

C: 4 through 5 

months 

Food packages IIBF/FF & III BF/FF 

6 through 11 

months 

Food package 

I–BF 

0 through 5 

months 

Food package 

II–BF 

6 through 11 

months 

WIC Formula 4567 .. A: 806 fl oz reconstituted liquid 

concentrate or 

832 fl. oz. RTF 

or 870 fl oz reconstituted powder.

B: 884 fl oz reconstituted liquid 

concentrate or 

896 fl. oz. RTF 

or 960 fl oz reconstituted powder.

624 fl. oz. reconstituted liquid concentrate or 640 

fl. oz. RTF or 

696 fl oz reconstituted powder.

A: 104 fl oz reconstituted powder 3.

B: 364 fl oz reconstituted liquid 

concentrate or 

384 fl oz RTF or 

435 fl oz reconstituted powder.

C: 442 fl. oz. reconstituted liquid 

concentrate or 

448 fl. oz. RTF 

or 522 fl oz reconstituted powder.

312 fl. oz. reconstituted liquid concentrate or 320 

fl. oz. RTF or 

384 fl oz reconstituted powder.

Infant cereal 8 ......... ............................... 24 oz ..................... ............................... 24 oz ..................... ........................... 24 oz. 

Infant food fruits 

and vegetables 8 9 10.

............................... 128 oz ................... ............................... 128 oz ................... ........................... 256 oz. 


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48846 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 

TABLE 1—MAXIMUM MONTHLY ALLOWANCES OF SUPPLEMENTAL FOODS FOR INFANTS IN FOOD PACKAGES I, II AND III— 

Continued 

Foods 1

Fully formula fed (FF) Partially breastfed (BF/FF) Fully breastfed (BF) 

Food packages 

I-FF & III–FF 

A: 0 through 3 

months 

B: 4 through 5 

months 

Food packages 

II–FF & III–FF 

6 through 11 

months 

Food packages 

I-BF/FF & III BF/FF 

A: 0 to 1 month 2

B: 1 through 3 

months 2

C: 4 through 5 

months 

Food packages IIBF/FF & III BF/FF 

6 through 11 

months 

Food package 

I–BF 

0 through 5 

months 

Food package 

II–BF 

6 through 11 

months 

Infant food meat 8 10 ............................... ............................... ............................... ............................... ........................... 77.5 oz. 

Table 1 Footnotes: (Abbreviations in order of appearance in table): FF = fully formula fed; BF/FF = partially breastfed (i.e., the infant is 

breastfed but also receives formula from the WIC Program); BF = fully breastfed (i.e., the infant receives no formula through the WIC program). 1 Table 4 describes the minimum requirements and specifications for the supplemental foods. 2 The powder form is the form recommended for partially breastfed infants ages 0 through 3 months in Food Package I. 3 Liquid concentrate and ready-to-feed (RTF) may be substituted at rates that provide comparable nutritive value. 4 WIC formula means infant formula, exempt infant formula, or WIC-eligible medical food. Only infant formula may be issued for infants in Food 

Packages I and II. Exempt infant formula may only be issued for infants in Food Package III. 5 The maximum monthly allowance is specified in reconstituted fluid ounces for liquid concentrate, RTF liquid, and powder forms of infant formula and exempt infant formula. Reconstituted fluid ounce is the form prepared for consumption as directed on the container. 6 If powder infant formula is provided, State agencies must provide at least the number of reconstituted fluid ounces as the maximum allowance for the liquid concentrate form of the same product in the same Food Package up to the maximum monthly allowance for powder. State 

agencies must issue whole containers that are all the same size. 7 State agencies may round up and disperse whole containers of infant formula over the food package timeframe to allow participants to receive the full authorized nutritional benefit (FNB). State agencies must use the methodology described in accordance with paragraph (h)(1) of 

this section. 8 State agencies may round up and disperse whole containers of infant foods (infant cereal, fruits and vegetables, and meat) over the Food 

Package timeframe. State agencies must use the methodology described in accordance with paragraph (h)(2) of this section. 9 Fresh banana may replace up to 16 ounces of infant food fruit at a rate of 1 pound of bananas per 8 ounces of infant food fruit. 10 In lieu of infant foods (cereal, fruit and vegetables, and meat), infants greater than 6 months of age in Food Package III may receive exempt 

infant formula or WIC-eligible medical foods at the same maximum monthly allowance as infants ages 4 through 5 months of age of the same 

feeding option. 

* * * * * 

Dated: August 25, 2009. 

Julia Paradis, 

Administrator, Food and Nutrition Service. 

[FR Doc. E9–22590 Filed 9–24–09; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 916 and 917 

[Doc. No. AMS–FV–09–0013; FV09–916/917– 

2 IFR] 

Nectarines and Peaches Grown in 

California; Decreased Assessment 

Rates 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim final rule 

as final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule that decreased the assessment 

rates established for the Nectarine 

Administrative Committee and the 

Peach Commodity Committee 

(Committees) for the 2009–10 and 

subsequent fiscal periods. The Nectarine 

Administrative Committee (NAC) 

program decreased its assessment rate 

from $0.06 to $0.0175 per 25-pound 

container or container equivalent of 

nectarines handled. The Peach 

Commodity Committee (PCC) program 

decreased its assessment rate from $0.06 

to $0.0025 per 25-pound container or 

container equivalent of peaches 

handled. The Committees locally 

administer the marketing orders for 

nectarines and peaches grown in 

California (order). The interim final rule 

was necessary to align the Committees’ 

expected revenue with decreases in its 

proposed budget for the 2009–10 fiscal 

period, which began March 1, 2009. 

DATES: Effective Date: Effective 

September 26, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Robinson, Marketing Specialist, 

or Kurt J. Kimmel, Regional Manager, 

California Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (559) 487– 

5901, Fax: (559) 487–5906; or E-mail: 

Jen.Robinson@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov. 

Small businesses may obtain 

information on complying with this and 

other marketing order regulations by 

viewing a guide at the following Web 

site: http://www.ams.usda.gov/

AMSv1.0/ams.fetchTemplateData.do?

template=TemplateN&page=Marketing

OrdersSmallBusinessGuide; or by 

contacting Jay Guerber, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; 

Telephone: (202) 720–2491, fax: (202) 

720–8938, or e-mail: 

Jay.Guerber@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order Nos. 

916 and 917, both as amended (7 CFR 

parts 916 and 917), regulating the 

handling of nectarines and peaches 

grown in California, respectively, 

hereinafter referred to as the ‘‘orders.’’ 

The orders are effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’ 

USDA is issuing this rule in 

conformance with Executive Order 

12866. 

Under the orders, California nectarine 

and peach handlers are subject to 

assessments, which provide funds to 

administer the orders. Assessment rates 

issued under the orders are intended to 

be the applicable to all assessable 

nectarines and peaches for the entire 

fiscal period, and continue indefinitely 

until amended, suspended, or 

terminated. The Committee’s fiscal 

period begins on March 1, and ends on 

the last day of February. 

In an interim final rule published in 

the Federal Register on June 18, 2009, 

and effective on June 19, 2009 (74 FR 

28869, Doc. No. AMS–FV–09–0013; 

FV09–916/917–2 IFR), §§ 916.234 and 


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