Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 5631 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[Docket ID: DoD–2024–HA–0119] 

RIN 0720–AB91 

Special Supplemental Food Program 

for Women, Infants, and Children (WIC) 

Overseas: Revision to Definition of 

Drafts 

AGENCY: Defense Health Agency, 

Assistant Secretary of Defense for 

Health Affairs (ASD(HA)), Department 

of Defense (DoD). 

ACTION: Final rule. 

SUMMARY: The ASD(HA) is issuing this 

final rule to revise the definition of 

drafts, currently defined as paper 

instruments, within the regulation 

governing the WIC Overseas Program. 

This final rule modernizes the 

definition of drafts to include not only 

paper instruments but also other 

methods and processes, including 

electronic benefit transfers. The rule is 

being published as a final rule as the 

change to the definition of drafts 

involve only a minor, technical 

amendment to the existing regulation. 

The Department has determined that 

notice and comment would be 

unnecessary and contrary to public 

interest. 

DATES: This rule is effective January 17, 

2025. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Stakes, 703–275–6055, 

kimberly.l.stakes.civ@health.mil. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Statement of Need for This Rule 

The WIC Overseas Program is a DoD 

nutrition education and supplemental 

food program, similar to the United 

States (U.S.) Department of 

Agriculture’s WIC program in the 

United States, for U.S. active-duty 

military personnel and other support 

staff stationed overseas and their 

dependents. The program provides 

multiple benefits such as food vouchers 

(or drafts), nutrition education and 

health screenings to help families save 

money and lead healthier lives. 

Providing WIC Overseas participants a 

specific prescription of supplemental 

nutritious foods based on their 

nutritional needs is a cornerstone of 

WIC’s mission. Counselors provide 

participants with an approved food list 

and redeemable food checks called 

‘‘drafts,’’ which participants exchange 

for specific foods and quantities in 

overseas commissaries and Navy 

Exchange Markets (NEXMARTs). 

Currently, WIC Overseas participants 

receive drafts, paper food instruments 

that contain their food prescription. The 

drafts are then transacted at 

participating overseas commissaries and 

NEXMARTs enabling the participant to 

receive their WIC Overseas Program 

food benefits. 

Modernizing the definition of drafts 

in § 199.23 of title 32 of the Code of 

Federal Regulations (CFR) will provide 

the DoD with additional flexibility, 

similar to what already exists under the 

WIC program in the U.S., to issue drafts 

in the form of electronic benefit cards or 

other approved access devices or 

methods. For example, modernizing the 

definition of drafts in 32 CFR 199.23 

could permit enrollees to use electronic 

benefit transactions, similar to a debit 

card, or other non-paper methods and 

processes, to purchase their authorized 

supplemental food items at their 

convenience and through multiple trips 

if desired or if required when items are 

temporarily out of stock. Existing paper 

instruments do not provide this level of 

flexibility as enrollees must use their 

monthly paper drafts in totality in a 

single shopping trip, regardless of 

whether they receive all the allotted 

foods authorized on the monthly paper 

draft. Expanding the definition of draft 

in the WIC Overseas Program allows 

both the WIC Overseas Program and its 

participants to use advanced 

technologies in the delivery of benefits 

and helps support the WIC Overseas 

Program’s goal to improve client 

services through increased convenience, 

efficiency, and flexibility in how and 

when participants may purchase the 

authorized food items. The DoD also 

anticipates that the use of advanced 

technologies will provide opportunities 

for increased data analysis and feedback 

on the type, brand, and cost of each food 

item to better control food cost and help 

manage the WIC Overseas Program more 

efficiently. Additionally, the use of 

advanced technologies will likely 

reduce the risk of fraud and abuse 

within the program. 

Generally, the Administrative 

Procedure Act (APA) requires a Federal 

agency to provide the public with notice 

and an opportunity to comment on 

agency rulemaking. The APA, however, 

creates an exception in cases where an 

agency for good cause determines that 

notice and public procedures are 

impracticable, unnecessary, or contrary 

to public interest. The rule is being 

published as a final rule as the change 

to the definition of drafts involve only 

a minor, technical amendment to the 

existing regulation. The Department has 

good cause to determine that notice and 

comment would be unnecessary and 

contrary to public interest. 

Furthermore, the APA generally 

provides that a final rule may not 

become effective until at least 30 days 

after its publication in the Federal 

Register unless the agency determines 

that good cause exists to dispense with 

this requirement. As noted above, given 

that the rule does not impose new 

requirements and the change to the 

definition of drafts involve only a 

minor, technical amendment to the 

existing regulation, the Department 

finds sufficient good cause exists to 

dispense with the 30-day effective date 

requirement. The rule will be effective 

immediately upon publication. 

B. Legal Authority 

The legal authority for this final rule 

resides in chapter 53 of title 10, United 

States Code (U.S.C.). Within 10 U.S.C. 

chapter 53, section 1060a gives the 

Secretary of Defense the authority and 

responsibility to administer the Special 

Supplemental Food Program, known as 

the WIC Overseas Program, to provide 

supplemental foods and nutrition 

education to members of the armed 

forces on duty at stations outside the 

United States (and its territories and 

possessions) and to eligible civilians 

serving with, employed by, or 

accompanying the armed forces outside 

the United States (and its territories and 

possessions). The text of 10 U.S.C. 

chapter 53 can be found at https://

uscode.house.gov/view.xhtml?req=

(title:%20section:1060a%20edition:

prelim)%20OR%20(granuleid:U.S.C.- 

prelim-title-section1060a)&f=treesort&

edition=prelim&num=0&jumpTo=true. 

C. Applicability 

This rule will modernize the 

definition of drafts under the DoD’s WIC 

Overseas Program. It is anticipated that 

the Department’s use of the additional 

flexibility provided by a modernized 

definition of drafts will have a positive 

impact on eligible participants living 

overseas as it will give them more 

flexibility to purchase WIC Overseas 

approved foods. 

D. Regulatory History 

Section 199.23 was added to 32 CFR 

part 199 when the final rule published 

on March 26, 2004 (69 FR 15678) and 

has not been revised since. The only 

change being made in this final rule is 

to revise the definition of drafts in 

§ 199.23. 


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5632 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

II. Impact of This Regulation 

There is no direct monetary impact to 

modernizing the definition of drafts in 

§ 199.23 to provide greater flexibility in 

the future method(s) of issuing benefits 

for supplemental food prescribed under 

the program. It is anticipated that use of 

this flexibility will result in greater 

participant convenience and flexibility 

for the approximately 10,000 

participants enrolled in the WIC 

Overseas Program. 

III. Regulatory Compliance Analysis 

A. Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ as Amended by 

Executive Order 14094, ‘‘Modernizing 

Regulatory Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Executive Orders 12866 (as amended 

by Executive Order 14094) and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health, and safety 

effects; distribution of impacts; and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been designated not significant, 

under section 3(f) of Executive Order 

12866, as amended by Executive Order 

14094. 

B. Congressional Review Act (5 U.S.C. 

801 et seq.) 

Pursuant to the Congressional Review 

Act, this rule has not been designated a 

major rule, as defined by 5 U.S.C. 

804(2). 

C. Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

The ASD(HA) certified that this rule 

is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

Therefore, the Regulatory Flexibility 

Act, as amended, does not require us to 

prepare a regulatory flexibility analysis. 

D. Sec. 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

1532) requires agencies to assess 

anticipated costs and benefits before 

issuing any rule whose mandates 

require spending in any 1 year of $100 

million in 1995 dollars, updated 

annually for inflation. This rule will not 

mandate any requirements for State, 

local, or tribal governments, and will 

not affect private sector costs. 

E. Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been determined that this rule 

does not impose any new reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. The 

existing WIC Overseas Program 

information collection has been 

reviewed and approved by the Office of 

Management and Budget (OMB) under 

OMB Control Number 0720–0030, 

‘‘Women, Infants, and Children 

Overseas–Eligibility Determination.’’ 

F. Executive Order 13132, ‘‘Federalism’’ 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a rule 

that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has federalism implications. 

This rule will not have a substantial 

effect on State and local governments. 

G. Executive Order 13175, 

‘‘Consultation and Coordination With 

Indian Tribal Governments’’ 

Executive Order 13175 establishes 

certain requirements that an agency 

must meet when it promulgates a rule 

that imposes substantial direct 

compliance costs on one or more Indian 

tribes, preempts tribal law, or effects the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. This rule 

will not have a substantial effect on 

Indian tribal governments. 

List of Subjects in 32 CFR Part 199 

Administrative practice and 

procedure, Claims, Dental health, Fraud, 

Health care, Health insurance, 

Individuals with disabilities, Mental 

health programs, Military personnel. 

Accordingly, the Department of 

Defense amends 32 CFR part 199 as 

follows: 

PART 199—CIVILIAN HEALTH AND 

MEDICAL PROGRAM OF THE 

UNIFORMED SERVICES (CHAMPUS) 

■ 1. The authority citation for part 199 

continues to read as follows: 

Authority: 5 U.S.C. 301; 10 U.S.C. chapter 

55. 

■ 2. Amend § 199.23 by revising the first 

sentence of paragraph (b)(10) to read as 

follows: 

§ 199.23 Special Supplemental Food 

Program. 

* * * * * 

(b) * * * 

(10) Drafts. Food instruments, similar 

to a voucher (whether paper, card or 

other approved access device or 

method), issued in the WIC Overseas 

offices to program participants. * * * 

* * * * * 

Dated: January 14, 2025. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2025–01127 Filed 1–16–25; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2023–0969] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Umpqua River, Reedsport, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the name and operating schedule that 

governs the Central Oregon and Pacific 

railroad bridge across the Umpqua 

River, mile 11.5, at Reedsport, OR. This 

rule changes the name of the Central 

Oregon and Pacific railroad bridge; 

allows that bridge to be maintained in 

the closed to navigation position, 

removes the requirement for fog signals 

for that bridge and changes the name of 

the US 101 Bridge that crosses the side 

channel of the Umpqua River. 

DATES: This rule is effective February 

18, 2025. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type the docket 

number (USCG–2023–0969) in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. In 

the Document Type column, select 

‘‘Supporting & Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Danny McReynolds, Bridge 

Management Specialist, Thirteenth 

Coast Guard District Bridge Office; 

telephone 206–220–7234, email d13- 

smb-d13-bridges@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CBRL Coos Bay Rail Line 


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