[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Notices]
[Pages 17029-17031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07369]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service


Agency Information Collection Activities: Proposed Collection; 
Comment Request--National Universal Product Code (NUPC) Database

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 is a revision of a 
currently approved collection for the development and maintenance of a 
central repository containing information about authorized WIC foods as 
approved by various WIC State agencies.

DATES: Written comments must be received on or before June 1, 2015.

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

[[Page 17030]]

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: Steve Porter, Food and Nutrition Service, 
U.S. Department of Agriculture, 3101 Park Center Drive, Room 528, 
Alexandria, VA 22302. Comments may also be submitted via fax to the 
attention of Steve Porter at 703-305-2196 or via email to 
<a href="/cdn-cgi/l/email-protection#9fccebfae9fab1cff0edebfaeddff9f1ecb1eaecfbfeb1f8f0e9"><span class="__cf_email__" data-cfemail="abf8dfceddce85fbc4d9dfced9ebcdc5d885ded8cfca85ccc4dd">[email protected]</span></a>. 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 Steve 
Porter at 703-305-2721.

SUPPLEMENTARY INFORMATION: 
    Title: National Universal Product Code (NUPC) Database
    Form Number: N/A
    OMB Number: 0584-0552
    Expiration Date: May 31, 2015
    Type of Request: Revision of a currently approved collection
    Abstract: The Special Supplemental Nutrition Program for Women, 
Infants and Children (WIC), (Pub. L. 109-85), 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 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, 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 USDA Food and Nutrition Service previously included WIC State 
agencies in burden calculations for the NUPC database. WIC State 
agencies have been removed from this burden calculation and will 
instead be included in the burden calculation associated with the final 
regulations for WIC Electronic Benefit Transfer promulgated as a result 
of The Healthy Hunger-Free Kids Act of 2010 (Pub. L. 111-296). The 
remainder of this abstract provides a brief description of WIC program 
operations and recent modifications to the NUPC database.
    WIC State agencies are required to authorize eligible foods on 
their WIC food list by federal regulations at 7 CFR part 246. 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 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 authorized food items are purchased. A few of 
these vendors have programmed their point of sale systems to identify 
WIC approved foods and their associated Universal Product Code (UPC) or 
Price Look-Up (PLU) code as individual products are scanned at the 
checkout; however, many vendors still rely on their checkout clerks to 
ensure only authorized WIC products are approved for purchase.
    WIC State agencies currently operating Electronic Benefit Transfer 
(EBT) systems provide their Authorized Vendors with an electronic file 
containing the State agency's current list of authorized foods. This 
food list is known as the Authorized Products List (APL). In State 
agencies where EBT systems are operational, as products are scanned at 
the checkout lane, the UPC or PLU is matched to 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 account balance, may not be 
purchased with WIC benefits.
    The Healthy, Hunger-Free Kids Act of 2010 directs the Secretary of 
Agriculture to establish a National Universal Product Code (NUPC) 
database for use by all WIC State agencies as they implement Electronic 
Benefit Transfer (EBT) statewide. As a result of this legislation, FNS 
has adopted a plan to expand the number of data elements contained in 
the existing NUPC database while simultaneously attempting to reduce 
the burden on WIC State agency employees tasked with creating State 
specific APL's by assembling food product information in an easily 
accessible repository.
    NUPC database modifications and expansion activities have allowed 
for the storage and retrieval of additional data elements for each WIC 
authorized food to include: Nutrition facts panel, ingredients, special 
processing practices (i.e., Kosher or Halal), and a free form comments 
field. All previously used product identifier fields were retained. 
Responsibility for populating the NUPC database, which previously 
resided with individual WIC State agencies, has been transferred to an 
independent contractor who will serve as the single point of entry for 
all information entering the NUPC database. This contractor will ensure 
NUPC data is captured with a high level of accuracy while preserving 
data integrity in a standardized format.
    The NUPC database will provide all WIC State agencies with access 
to a central repository containing comprehensive information about 
authorized WIC foods. State agencies may choose to use the NUPC 
database to create an initial list of authorized foods eligible for 
redemption by WIC Program participants. Subsequently, State agencies 
may use the NUPC database to maintain their list of authorized foods 
and to create an APL for distribution to Authorized Vendors when 
operating in the EBT environment.
    Affected Public: Businesses or Other For Profit Organizations. 
Respondent groups identified include: (1) Food Manufacturers and 
Distributors; and (2) Authorized Vendors.
    Estimated Number of Respondents: The total estimated number of 
respondents is 360. This includes 240 Food Manufacturers or 
Distributors and 120 Authorized Vendors.
    Estimated Frequency of Responses per Respondent: 3.33. The 240 Food 
Manufacturers or Distributors will be asked to provide product 
information in electronic format (.doc, .xls, .pdf). All responses are 
voluntary. FNS estimates that each of the Food Manufacturers or 
Distributors will be asked to provide product information 4 times per 
year on average and that each of the 120 Authorized Vendors will be 
asked to provide product information 2 times per year on average.
    Estimated Total Annual Responses: The total number of responses is 
estimated to be 1,200. FNS estimates

[[Page 17031]]

Food Manufacturers or Distributors will be asked to respond a total of 
960 times per year (240 Food Manufacturers or Distributors x 4 
responses per year each = 960). FNS estimates Authorized Vendors will 
be asked to respond a total of 240 times per year (120 Authorized 
Vendors x 2 responses per year each = 240). All responses are 
voluntary.
    Estimated Time per Response: 8.6 hours.
    The estimated time per response varies by type of respondent. FNS 
expects all respondents will expend 12 hours per respondent per year to 
develop, maintain, and troubleshoot the electronic systems for use in 
transmitting information. The estimated time required to develop, 
maintain, and troubleshoot electronic systems is amortized over the 
expected number of responses. FNS also expects all respondents will 
expend 2 seconds per response to transmit information to FNS 
electronically. Since the time required to actually transmit the 
information to FNS is considered negligible (total of 40 minutes per 
year for all respondents), it was omitted from the burden calculation. 
FNS expects that Food Manufacturers or Distributors will expend 6 hours 
per response to gather and format the requested information. Authorized 
Vendors are expected to expend 1 hour per response to gather and format 
the requested information.The estimated time per response for Food 
Manufacturers or Distributors is expected to be 9 hours per response 
((12 hours per year/4 responses per year) + 6 hours per response = 9 
hours per response).
    The estimated time per response for Authorized Vendors is expected 
to be 7 hours per response ((12 hours per year/2 responses per year) + 
1 hour per response = 7 hours per response).
    Estimated Total Annual Burden on all Respondents: 10,320 hours. The 
table below provides an estimated total annual burden for each type of 
respondent.

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                                                   Frequency of                      Estimated
                                     Estimated     responses per   Total annual   average number     Estimated
           Respondent                number of      respondent       responses     of hours per     total hours
                                    respondents     (annually)                       response
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Food Manufacturers and                       240            4                960             9.0         8,640.0
 Distributors (Voluntary).......
Authorized Vendors (Voluntary)..             120            2                240             7.0         1,680.0
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    Total Reporting Burden......             360            3.33           1,200             8.6        10,320.0
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    Dated: March 19, 2015.
Audrey Rowe,
Administrator, Food and Nutrition Service.
[FR Doc. 2015-07369 Filed 3-30-15; 8:45 am]
BILLING CODE 3410-30-P


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