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Special Supplemental Nutrition Program for Women, Infants and
Children (WIC): Implementation of Nondiscretionary WIC Certification and
General Administrative Provisions -
Interim Final Rule
This interim final rule, published on March 3, 2008,
amends the regulations for the Special Supplemental Nutrition Program
for Women, Infants and Children (WIC) by implementing most of the
nondiscretionary provisions of the Child Nutrition and WIC
Reauthorization Act of 2004 that address participant certification and
general program administration in the WIC Program. It also implements
the exclusions from income eligibility determinations set forth in the
National Defense Authorization Act for Fiscal Year (FY) 2006 and in the
National Flood Insurance Act of 1968, as amended, and clarifies an
inconsistency related to fair hearings and notices of adverse actions
that was inadvertently omitted in the publication of the Final WIC
Miscellaneous Rule. Finally, this rulemaking includes technical
amendments to correct the address and telephone numbers to which
complaints alleging discrimination in the WIC Program should be
directed, and to correct the address of the Western Regional Office of
the Food and Nutrition Service (FNS).
The provisions set forth in this rulemaking are nondiscretionary,
i.e., the Department has not exercised any authority to interpret the
statutory provisions beyond the language that is specifically provided
in the legislation. However, the Department believes that at least one
of the provisions in this rulemaking may generate additional questions
or comments concerning its implementation. Therefore, the rule is being
issued as an interim final rule, to afford the public the opportunity to
comment on the possible implications of the provisions contained herein.
Effective Date: This rule will become effective on May 2,
2008.
Implementation Date: State agencies must implement the provisions
of this rule no later than April 2, 2008.
Comments: To be considered, comments on this interim rule must be
postmarked on or before June 2, 2008.
The Food and Nutrition Service (FNS) invites interested persons to
submit comments on this interim rule. Comments may be submitted by one
of the following methods:
- Federal eRulemaking Portal: Go to
http://www.regulations.gov . Under the ``Comment or Submission''
tab, enter Docket ID FNS-2007-0009 to submit or view public comments
and to view supporting and related materials available
electronically. Information on using Regulations.gov,
including instructions for accessing documents, submitting comments,
and viewing the docket after the close of the comment period, is
available through the site's
User Tips link.
- Mail: Send comments to Patricia N. Daniels, Director,
Supplemental Food Programs Division, Food and Nutrition Service,
USDA, 3101 Park Center Drive, Room 528, Alexandria, Virginia 22302,
(703) 305-2746.
Comments submitted in response to this interim rule will be included
in the record and will be made available to the public. Please be
advised that the substance of the comments and the identities of the
individuals or entities submitting the comments will be subject to
public disclosure. FNS will make the comments publicly available on the
Internet via
http://www.regulations.gov.
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