[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Rules and Regulations]
[Page 32049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15968]



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  Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Rules 
and Regulations  

[[Page 32049]]



DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 246

RIN 0584-AD73
[FNS-2007-0009]


Special Supplemental Nutrition Program for Women, Infants and 
Children (WIC): Implementation of Nondiscretionary WIC Certification 
and General Administrative Provisions

AGENCY: Food and Nutrition Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: This is an affirmation by the Department of a final rule, 
without change, of an interim rule that amended 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. The rule 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 
interim rule was necessary to implement the non-discretionary 
provisions of this law.

DATES: Effective on July 7, 2009, the Department is adopting as a final 
rule the interim rule published at 73 FR 11305 on March 3, 2008.

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, or [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On, March 3, 2008, the Department published an interim rule 
implementing most of the nondiscretionary provisions of the Child 
Nutrition and WIC Reauthorization Act of 2004, in addition to 
provisions from the National Defense and Authorization Act of 2004 and 
the National Flood Insurance Act of 1968. The revisions address 
participant certification and general program administration in the WIC 
Program. While most of the provisions in the interim rule were 
implemented exactly as written in the law, the Department believed the 
provision related to State-paid EBT costs might be somewhat confusing 
to State agencies. Comments were invited on that provision in an effort 
to explain its implementation more fully.
    The comment period ended on June 2, 2008. Only one comment letter 
was submitted during the comment period. The regulatory provisions 
addressed in that letter pertained only to the nondiscretionary 
provisions set forth in the interim rule. Because the nondiscretionary 
provisions have been implemented as set forth in the law, they are 
retained as written in this final rule.
    For reasons given in the interim rule, the Department is adopting 
the interim rule as a final rule without change.
    This action also affirms information contained in the interim rule 
concerning Executive Order 12866, the Regulatory Flexibility Act, 
Executive Order 12988, and the Paperwork Reduction Act. Further, for 
this action, the Office of Management and Budget has waived its review 
under Executive Order 12866.

List of Subjects in 7 CFR Part 246

    Food assistance programs, Food donations, Grant programs--Social 
programs, Indians, Infants and children, Maternal and child health, 
Nondiscrimination, Nutrition education, Public assistance programs, 
WIC, Women.

PART 246--SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS 
AND CHILDREN

0
Accordingly, the Department is adopting as a final rule, without 
change, the interim rule that amended 7 CFR part 246 and was published 
at 73 FR 11305 on March 3, 2008.

    Dated: June 29, 2009.
Julia Paradis,
Administrator, Food and Nutrition Service.
[FR Doc. E9-15968 Filed 7-6-09; 8:45 am]
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