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 Department of Agriculture Food and Nutrition Service
 AGENCY: Food and Nutrition Service (FNS), USDA.
 ACTION: Notice.
 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, 2012.
 FOR FURTHER INFORMATION CONTACT: Donna Hines, 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 2012/2013 was published by the Department of Health and Human 
                    ( print page 17007)
                    Services (HHS) at 77 FR 4034, January 26, 2012. 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, 2012, through June 30, 2013. 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, 2012. State agencies that do not coordinate implementation with the revised Medicaid guidelines must implement the WIC income eligibility guidelines on July 1, 2012. 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. Income Eligibility Guidelines
[Effective from July 1, 2012 to June 30, 2013]
Household size
Federal poverty guidelines—100%
Reduced price meals—185%Annual
Monthly
Twice-monthly
Bi-weekly
Weekly
Annual
Monthly
Twice-monthly
Bi-weekly
Weekly**48 Contiguous States, D.C., Guam and Territories**1
$11,170
$931
$466
$430
$215
$20,665
$1,723
$862
$795
$3982
15,130
1,261
631
582
291
27,991
2,333
1,167
1,077
5393
19,090
1,591
796
735
368
35,317
2,944
1,472
1,359
6804
23,050
1,921
961
887
444
42,643
3,554
1,777
1,641
8215
27,010
2,251
1,126
1,039
520
49,969
4,165
2,083
1,922
9616
30,970
2,581
1,291
1,192
596
57,295
4,775
2,388
2,204
1,1027
34,930
2,911
1,456
1,344
672
64,621
5,386
2,693
2,486
1,2438
38,890
3,241
1,621
1,496
748
71,947
5,996
2,998
2,768
1,384Each add'l family member add
+3,960
+330
+165
+153
+77
+7,326
+611
+306
+282
+141**Alaska**1
13,970
1,165
583
538
269
25,845
2,154
1,077
995
4982
18,920
1,577
789
728
364
35,002
2,917
1,459
1,347
6743
23,870
1,990
995
919
460
44,160
3,680
1,840
1,699
8504
28,820
2,402
1,201
1,109
555
53,317
4,444
2,222
2,051
1,0265
33,770
2,815
1,408
1,299
650
62,475
5,207
2,604
2,403
1,2026
38,720
3,227
1,614
1,490
745
71,632
5,970
2,985
2,756
1,3787
43,670
3,640
1,820
1,680
840
80,790
6,733
3,367
3,108
1,5548
48,620
4,052
2,026
1,870
935
89,947
7,496
3,748
3,460
1,730Each add'l family member add
+4,950
+413
+207
+191
+96
+9,158
+764
+382
+353
+177**Hawaii**1
12,860
1,072
536
495
248
23,791
1,983
992
916
4582
17,410
1,451
726
670
335
32,209
2,685
1,343
1,239
6203
21,960
1,830
915
845
423
40,626
3,386
1,693
1,563
7824
26,510
2,210
1,105
1,020
510
49,044
4,087
2,044
1,887
9445
31,060
2,589
1,295
1,195
598
57,461
4,789
2,395
2,211
1,1066
35,610
2,968
1,484
1,370
685
65,879
5,490
2,745
2,534
1,2677
40,160
3,347
1,674
1,545
773
74,296
6,192
3,096
2,858
1,4298
44,710
3,726
1,863
1,720
860
82,714
6,893
3,447
3,182
1,591Each add'l family member add
+4,550
+380
+190
+175
+88
+8,418
+702
+351
+324
+162
 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 19, 2012. Jeffrey J. Tribiano, Acting Administrator.


[FR Doc. 2012-7037 Filed 3-22-12; 8:45 am] BILLING CODE 3410-30-P