This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

3375

Vol. 65, No. 14

Friday, January 21, 2000

DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 246

RIN 0584–AC76

Special Supplemental Nutrition

Program for Women, Infants and

Children (WIC): Certification Integrity

AGENCY: Food and Nutrition Service,

USDA.

ACTION: Interim rule.

SUMMARY: This interim rule amends

regulations for the Special

Supplemental Nutrition Program for

Women, Infants and Children (WIC).

The rule adds three legislative

requirements that affect the application

and certification process for the WIC

Program. The legislative requirements

can be found in the William F. Goodling

Child Nutrition Reauthorization Act of

1998. Therefore, this rulemaking

requires WIC applicants, except in

limited circumstances, to present

documentation of family income at

certification for those individuals who

are not certified based on adjunctive

income eligibility procedures; present

proof of residency as part of a State

agency’s system to prevent dual

participation; and, physically present

themselves at certification. The intent of

these provisions is to strengthen the

integrity of the WIC certification

process.

DATES: The provisions in this interim

rule are effective February 22, 2000. To

be assured of consideration, written

comments must be postmarked on or

before April 20, 2000. Since comments

are being accepted simultaneously on

several separate rulemakings,

commenters on this rulemaking are

requested to label their comments ‘‘WIC

Certification Integrity Rule.’’

ADDRESSES: Data faxes of comments

may be sent to (703) 305–2196.

Comments may be mailed to Patricia

Daniels, Director, Supplemental Food

Programs Division, Food and Nutrition

Service, USDA, 3101 Park Center Drive,

Room 540, Alexandria, VA 22302. All

written comments will be available for

public inspection at this address during

regular business hours (8:30 a.m. to 5:00

p.m.) Monday through Friday.

Comments may be sent via email to

the following address: WICHQSFPD@fns.usda.gov.

FOR FURTHER INFORMATION CONTACT:

Debbie Whitford at (703) 305–2730

during regular business hours.

SUPPLEMENTARY INFORMATION:

1. What are the Procedures for

Submitting Comments on This

Regulation?

As noted above, comments may be

sent in one of three ways. You may: (1)

Send comments electronically via the

Internet to: WICHQ-SFPD@fns.usda.gov,

(2) fax comments to 703–305–2196, or

(3) mail comments to Patricia Daniels,

Director, Supplemental Food Programs

Division at the address noted above. In

all cases, including when comments are

sent via the Internet, please label your

comments as ‘‘WIC Certification

Integrity Rule’’ and include your name,

title, and address. Comments are most

helpful when a specific section or

paragraph of the interim rule is

identified, they indicate support,

support with modification, or

opposition to the specific section or

paragraph, and there is an explanation

of the reason(s) for any recommended

change.

2. What Requirements are in This

Regulation?

This regulation requires, with limited

exceptions, that WIC agencies require

WIC applicants and participants to: (1)

Provide proof or documentation of

family income in cases where an

individual is not determined

adjunctively or automatically income

eligible; (2) provide proof or

documentation of an applicant’s

residency; and, (3) physically present

themselves at the WIC clinic at

certification.

3. Why is This Regulation Necessary?

The William F. Goodling Child

Nutrition Reauthorization Act of 1998

(Public Law 105–336), enacted October

31, 1998, contains three provisions to

strengthen the WIC certification process.

These provisions affect all program

applicants, including individuals who

are currently participating in the

program but are re-applying because

their certification period is about to

expire. The legislative provisions

include requiring applicants to: (1)

Present documentation of family income

at certification for those individuals

who are not certified based on

adjunctive or automatic income

eligibility procedures; (2) present proof

of residency at certification, as part of a

State agency’s system to identify

participants participating at more than

one WIC site; and, (3) to physically

present themselves at certification. Each

of these provisions includes exceptions

in limited circumstances as noted

below.

4. Why is This Regulation an Interim

Rule?

As noted above, the provisions of

Public Law 105–336 took effect October

1, 1998. Many State agencies were

already using a variety of measures to

ensure integrity in the certification

process. For these State agencies, few if

any changes in their operating

procedures were necessary to

implement the new requirements.

Although State agencies are already

implementing these provisions, it is

important to codify these legislative

requirements and ensure consistent

application. Therefore, making the WIC

certification integrity provisions

contained in this rulemaking effective

before taking public comment is in the

public’s interest.

For these reasons, the Administrator

has determined in accordance with 5

U.S.C. 553(b) that prior notice and

comments would be unnecessary,

impracticable, and contrary to public

interest.

5. What Does This Regulation Require

of WIC Agencies and Applicants and

Participants?

a. Documentation of Family Income—

Section 246.7(d)(2)(v)

Section 203(a)(3) of Public Law 105–

336 added section 17(d)(3)(E) to the

Child Nutrition Act (CNA) of 1966 (42

U.S.C. 1786 (d)(3)(E)) to require

documentation of adjunct eligibility.

This legislative requirement merely

3376 Federal Register / Vol. 65, No. 14 / Friday, January 21, 2000 / Rules and Regulations

reinforces Section 246.7(d)(2)(vi)(A) of

WIC regulations. This section currently

requires persons who are adjunctively

income eligible to show documentation

of eligibility to receive benefits under

certain programs when they seek

certification or subsequent certification

of WIC Program benefits. Adjunctive

income eligibility is based on an

applicant’s or certain family members’

current eligibility to receive Food

Stamps, Medicaid, or Temporary

Assistance for Needy Families (formerly

known as Aid to Families With

Dependent Children (AFDC).

Additionally, we have determined

that Verification of Certification (VOC)

cards presented by instream migrant

farmworkers and their family members

under 7 CFR 246.7(d)(2)(ix) satisfy the

new documentation of income

requirement of section 17(d)(3)(D) (42

U.S.C. 1786(d)(3)(D)). This is because

VOC cards represent documentary

evidence of income eligibility related to

the specific individuals seeking program

benefits. Additionally, due to the

unique economic condition of the

instream migrant population, VOC cards

(supported by an annual determination

of each migrant farmworker family’s

income as required by 7 CFR

246.7(d)(2)(ix)) are a sufficiently

accurate measure of a family’s income to

assure the program integrity goals of

Public Law 105–336.

Section 203(a)(2) of Public Law 105–

336 added section 17(d)(3)(D) to the

CNA which requires that an individual

(except for those deemed adjunctively

income eligible) seeking certification for

participation in the WIC Program must

provide documentation of family

income, with limited exceptions for: (1)

An individual for whom the necessary

documentation is not available; or, (2)

an individual, such as a homeless

woman or child, for whom the agency

determines the requirement would

present an unreasonable barrier to

participation.

This rule adds a definition of

‘‘applicants’’ in section 246.2 to clearly

identify whose documentation of

income or residency must be presented

and which individuals must be

physically present. As defined,

‘‘applicants’’ means pregnant women,

breastfeeding women, postpartum

women, infants, and children who are

applying to receive WIC benefits under

the program, and the breastfed infants of

applicant breastfeeding women.

Applicants include individuals who are

currently participating in the program

but are reapplying because their

certification period is about to expire. In

addition, in Section 246.2, this rule

adds a definition of ‘‘documentation.’’

As defined, ‘‘documentation’’ means the

presentation of written documents

which substantiate statements made by

an applicant or participant or a person

applying on behalf of an applicant.

(1) Exceptions to the Income

Documentation Requirement

As reflected in the legislation,

exceptions may be necessary to the

requirement for applicants to provide

documentation of family income.

Therefore, consistent with the law, this

rule amends Section 246.7(d)(2)(v)(C) to

set forth the legislative exceptions to the

income documentation requirement.

Such exceptions include individuals for

whom: (1) The necessary documentation

is unavailable; or, (2) the agency

determines the income documentation

requirement would present an

unreasonable barrier to participation

such as in the case of a homeless

woman or child. Examples of

individuals for whom the necessary

documentation is not available include

individuals with no income or no proof

of income such as an applicant or

applicant’s parent who is a migrant

farmworker or other individual who

works for cash. Some applicants may

indicate they have no income. In such

cases, State and local agencies should

discuss in detail with the applicant his/

her family size, their living

circumstances, and how the individual

obtains basic living necessities to

establish if, in fact, the individual is

truly with minimal or no resources.

These are the only exceptions that may

be used. When such exceptions are

made, the State or local agency must

require the applicant to sign a statement

specifying why he/she cannot provide

documentation of income. This

statement is not required when there is

no income.

(2) Verification of Income

This rulemaking continues to include

a provision, in Section 246.7(d)(2)(v)(D),

to afford the State or local agency the

authority to verify information it

determines necessary to confirm income

eligibility for program benefits.

Verification is a process whereby the

information presented is validated

through an external source of

information other than the applicant.

Verification is encouraged in

questionable cases.

b. Dual Participation Prevention—Proof

of Residency Section 246.7(l)(2)

Section 203(e) of Public Law 105–336

added section 17(f)(23) to the CNA

which requires each WIC State agency

to implement a system to identify

individuals who are participating at

more than one site under the program.

Program regulations at Section 246.7(l)

already make State agencies responsible

for detection and prevention of dual

participation.

Currently WIC regulations at Section

246.7(l)(2) require WIC local agencies to

check an individual’s identity at

certification and when issuing food, in

a direct distribution or home delivery

system, or food instruments in a retail

purchase system. However, the

regulations give State agencies some

flexibility in meeting the requirement to

prevent and detect dual participation.

In light of a renewed emphasis on

detecting dual participation, as set forth

in Public Law 105–336, section

246.7(l)(2) is revised in this interim rule

to add the requirement that in addition

to checking identity at certification,

State and local agencies must require

each applicant at certification to present

proof of residency.

Proving residency entails establishing

the location or address where the

applicant routinely lives or spends the

night. For an infant or child applicant,

documentation of residency must be

provided for the person with whom the

infant or child resides. In addition,

documentation of residency must also

be provided by a person who transfers

from another area or State and presents

a valid Verification of Certification

(VOC) card at a new WIC site. Providing

a post office box is not sufficient proof

of residency. Acceptable forms of proof

of residency include current utility bills,

rent or mortgage receipts for lodging/

housing, or a State/local document that

can only be obtained through proof of

current State or local residency.

(1) Special Residency Procedures for

Indian State Agencies

Section 246.7(c)(1) of the WIC

regulations requires all State agencies

except Indian State agencies to require

applicants to reside within the

jurisdiction of the State. Indian/Native

American State agencies may establish a

requirement for applicants to reside

within their area of legal jurisdiction.

State agencies also may establish a local

service area residency requirement. For

WIC purposes, the residency

requirement has no durational or formal

legal aspect and need not represent a

legal residence. Also, length of

residency cannot be a prerequisite to

receiving WIC benefits.

(2) Exceptions to the Identity and

Residency Documentation Requirements

When no proof of residency or

identity exists, this rule permits State

agencies, in Section 246.7(l)(2), to

exempt an applicant from the residency

Federal Register / Vol. 65, No. 14 / Friday, January 21, 2000 / Rules and Regulations 3377

and/or identity documentation

requirements. Applicants who may

require an exemption include a victim

of theft, loss, or disaster; a homeless

individual; or, a migrant farm worker. In

such cases, at a minimum, the State or

local agency must require the applicant

to confirm in writing his/her residency

or identity.

c. Physical Presence at WIC

Certification—Section 246.7(p)

Section 203(a)(1) of Public Law 105–

336 added a new section 17(d)(3)(C) to

the CNA which requires individuals

seeking participation in the WIC

Program to be physically present at the

initial WIC certification and subsequent

recertifications, except in certain

limited circumstances. This requirement

is reflected in a new paragraph (p) to

Section 246.7. In addition, a definition

has been added for an ‘‘individual with

disabilities’’ in Section 246.2.

This legislative mandate reinforces

the Department’s long-standing position

that the physical presence of an

individual at certification is basic to

WIC Program effectiveness. The

physical presence requirement not only

improves program accountability and

integrity, it also facilitates an

individual’s access to other needed

health and social services. Physical

presence is based on public health

standards of practice for nutrition and

health assessment. That process entails

gathering objective and subjective

information about the applicant through

observation and physical assessment.

WIC has many success stories that can

be attributed to a policy of physical

presence, that is, observing and

assessing women and children who

have been found by WIC staff to be in

need of immediate medical attention.

Physical presence of and staff contact

with the applicant also enables the

health professional to more effectively

tailor WIC food packages, given the

applicant’s nutritional needs. Requiring

physical presence is also beneficial to

program clients. It permits the

individual to actively participate in

nutrition education, including young

children, and learn good nutrition and

ways to improve their eating habits. In

addition, in clinics with other onsite

services, the physical presence of WIC

applicants can, in many cases, result in

the provision of immediate health

services such as immunizations or lead

screening for children or prenatal care

for women.

In establishing a legislative provision

to require physical presence, Congress

emphasized in the Conference Report

accompanying Public Law 105–336

other legislative requirements and

policy which are intended to maximize

access to the WIC Program and its

benefits. Such provisions include

accommodating working parents or

caretakers to minimize the time they are

absent from the workplace for WIC

certification purposes such as providing

early morning, evening and/or weekend

appointments. In addition, parents or

caretakers may designate another

responsible person as a proxy to bring

an infant or child to a WIC appointment

along with the required documentation.

The use of such policies and procedures

by State and local agencies will

minimize the potential for barriers that

might be created by the physical

presence requirement.

The only exceptions to the physical

presence requirement as set forth in the

legislation are discussed below.

Although an applicant may be exempt

from the physical presence requirement,

State and local agencies must ensure

that all necessary income, identity and

other documentation are provided in

order to make a WIC eligibility

determination in the absence of the

applicant. The applicant’s parent,

caretaker or proxy can bring in the

documents necessary to determine

eligibility for WIC.

The length of time an applicant may

be exempt from the physical presence

requirement is limited to the

certification period for which it was

provided in the case of short-term

situations or conditions. At

reapplication, the need for the

applicant’s physical presence must be

reassessed. In the case of long-term or

permanent conditions, an extended

exception to the physical presence

requirement may be required.

(1) Exceptions for Reasonable

Accommodation of Disabilities for

Women, Infants or Children

Section 203(a)(1)(C)(i) of Public Law

105–336 exempts from the physical

presence requirement WIC applicants

protected by the Americans with

Disabilities Act (ADA) of 1990 (42

U.S.C. 12101 et seq.) and Section 504 of

the Rehabilitation Act of 1973 (29 U.S.C.

794). The Rehabilitation Act has applied

to the WIC Program since its enactment

in 1973, therefore, State agencies should

already be in compliance.

Section 504 of the Rehabilitation Act

prohibits discrimination on the basis of

disability in any program or activity that

either receives Federal financial

assistance (such as the WIC Program) or

is conducted by any Executive agency or

the United States Postal Service. Section

504 applies to all aspects of the delivery

of WIC benefits, not just the physical

presence requirement. USDA

regulations implementing Section 504

are found at 7 CFR Part 15b. The ADA

prohibits discrimination on the basis of

disability in employment, State and

local government, public

accommodations, commercial facilities,

transportation, and telecommunications.

It also applies to the United States

Congress.

Section 15b.3 of the USDA regulations

concerning the Rehabilitation Act

defines a ‘‘handicapped person’’ as a

person who has a physical or mental

impairment that substantially limits one

or more major life activities, a person

who has a history or record of such an

impairment, or a person who is

perceived by others as having such an

impairment. Neither the Rehabilitation

Act, the ADA, nor the USDA regulations

specifically names all of the

impairments that are covered. ‘‘Major

life activities’’ include functions such as

caring for oneself, performing manual

tasks, walking, seeing, hearing,

speaking, breathing, learning, and

working. This rule amends section 246.2

to define an ‘‘individual with

disabilities’’ to mean a handicapped

person as defined by 7 CFR 15b.3.

Under the Rehabilitation Act and

USDA’s regulations, WIC agencies may

not deny a qualified handicapped

person the opportunity to participate in

the WIC Program. Therefore, as set forth

by this rule in section 246.7(p)(2), if an

applicant, or parent or caretaker of an

applicant, is a qualified individual with

disabilities and is unable to be

physically present at the WIC clinic

because of their disabilities, the

individual may be certified without

being physically present. All persons

with disabilities are not automatically

exempt from the physical presence

requirement. Only those disabilities that

create a current barrier to the physical

presence requirement may serve as a

basis for an exception from the

requirement. In this rulemaking, Section

246.7(p)(2)(i)(A)–(C) specifies that such

conditions include: (1) A medical

condition that necessitates the use of

medical equipment that is not easily

transportable; (2) a medical condition

that requires confinement to bed rest; or

(3) a serious illness that may be

exacerbated by coming in to the clinic.

(2) State Agency Option to Exempt

Certain Infants or Children

In addition to the legislative

exception discussed above, Section

203(a)(1)(ii) of Public Law 105–336

amends section 17(d)(3) of the CNA by

providing State agencies the option, if

physical presence would present an

unreasonable barrier to participation, to

exempt certain infants or children from

3378 Federal Register / Vol. 65, No. 14 / Friday, January 21, 2000 / Rules and Regulations

the physical presence requirement in

the following situations:

An infant or child:

• Who was present at his/her initial

WIC certification; and

• Has documented ongoing health

care from a provider other than the local

agency; or

An infant or child:

• Who was present at his/her initial

WIC certification; and

• Was present at a WIC certification

or recertification determination within

the 1-year period ending on the date of

the most recent certification or

recertification determination; and

• Is under the care of one or more

working parents or one or more primary

working caretakers whose working

status presents a barrier to bringing the

infant or child in to the WIC clinic.

d. Certification Forms Section 246.7(i)

Finally, this rule requires in Sections

246.7(i)(3)–(i)(5) that the certification

form or other form, which may be paper

or electronic, reflect the type of

document(s) used to determine or

confirm income eligibility, residency

and identity or include a copy of the

document(s) in the file. In those cases

where there is no proof of income, the

file must include a copy of the written

statement by the applicant indicating

why he/she cannot provide

documentation of income. Further, in

applicable cases, the file must specify if

the applicant has no income.

This section also requires an

indication of whether the applicant is

physically present at certification, and if

not, the reason why an exception was

granted or a copy of a document(s) in

the file which explains the reason for

the exception. Documentation of

physical presence may consist of simply

checking off an appropriate annotated

box on a form (paper or electronic).

These requirements are necessary for

program integrity, accountability and

audit purposes.

6. Procedural Matters

Executive Order 12866

This interim rule has been determined

to be not significant for purposes of

Executive Order 12866 and, therefore,

has not been reviewed by the Office of

Management and Budget.

Regulatory Flexibility Act

This rule has been reviewed with

regard to the requirements of the

Regulatory Flexibility Act (5 U.S.C.

601–612). Pursuant to that review,

Samuel Chambers, Jr., Administrator,

Food and Nutrition Service, has

certified that this rule would not have

a significant impact on a substantial

number of small entities. This rule

would modify WIC certification

procedures. Therefore, the effect of

these changes would be primarily on

State and local WIC agencies, some of

which are small entities. However, the

impact on small entities is not expected

to be significant.

Executive Order 12372

The WIC Program is listed in the

Catalog of Federal Domestic Assistance

Programs under 10.557. For the reasons

set forth in the final rule in 7 CFR part

3015, Subpart V, and related Notice (48

FR 29115), this program is included in

the scope of Executive Order 12372

which requires intergovernmental

consultation with State and local

officials.

Executive Order 12988

This interim rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. This interim rule is

intended to have preemptive effect with

respect to any State or local laws,

regulations or policies which conflict

with its provisions or which would

otherwise impede its full

implementation. This rule is not

intended to have retroactive effect

unless so specified in the DATES section

of the preamble of this interim rule.

Prior to any judicial challenge to the

application of the provisions of the

interim rule, all applicable

administrative procedures must be

exhausted.

Public Law 104–4

Title II of the Unfunded Mandates

Reform Act of 1995 ((UMRA) (2 U.S.C.

1531–38)) establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local

and tribal governments and the private

sector. Under section 202 of the UMRA,

the Food and Nutrition Service (FNS)

generally must prepare a written

statement, including a cost benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures to State, local or

tribal governments, in the aggregate, or

the private sector, of $100 million or

more in any one year. When such a

statement is needed for a rule, section

204 of the UMRA generally requires

FNS to identify and consider a

reasonable number of regulatory

alternatives and adopt the most cost

effective or least burdensome alternative

that achieves the objectives of the rule.

This interim rule contains no Federal

mandates (under the regulatory

provisions of Title II of the UMRA) for

State, local and tribal governments or

the private sector of $100 million or

more in any one year. Thus, the rule is

not subject to the requirements of

sections 202 and 205 of the UMRA.

Paperwork Reduction Act of 1995

This regulation contains information

collection that is subject to review and

approval by the Office of Management

and Budget. The information collection

contained in Section 246.7(i)(3)–(i)(5) of

this regulation is approved under OMB

No. 0584–0043.

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, Nutrition

education, Public assistance programs,

WIC, Women.

For the reasons set forth in the

preamble, 7 CFR part 246 is amended as

follows:

PART 246—SPECIAL SUPPLEMENTAL

NUTRITION PROGRAM FOR WOMEN,

INFANTS AND CHILDREN

1. The authority citation for part 246

continues to read as follows:

Authority: 42 U.S.C. 1786.

2. In § 246.2, add new definitions of

Applicants, Documentation, and

Individual with disabilities in

alphabetical order to read as follows:

§ 246.2 Definitions.

* * * * *

Applicants means pregnant women,

breastfeeding women, postpartum

women, infants, and children who are

applying to receive WIC benefits, and

the breastfed infants of applicant

breastfeeding women. Applicants

include individuals who are currently

participating in the program but are reapplying because their certification

period is about to expire.

* * * * *

Documentation means the

presentation of written documents

which substantiate statements made by

an applicant or participant or a person

applying on behalf of an applicant.

* * * * *

Individual with disabilities means a

handicapped person as defined in 7 CFR

15b.3.

* * * * *

3. In § 246.7:

a. revise paragraph (d)(2)(v);

b. revise paragraph (d)(2)(ix)

c. redesignate paragraphs (i)(3)

through (i)(9) as paragraphs (i)(5)

through (i)(11);

d. add new paragraphs (i)(3) and

(i)(4);

Federal Register / Vol. 65, No. 14 / Friday, January 21, 2000 / Rules and Regulations 3379

e. revise newly redesignated

paragraph (i)(5);

f. revise paragraph (l)(2); and

g. add new paragraph (p).

The additions and revisions read as

follows:

§ 246.7 Certification of participants.

* * * * *

(d) * * *

(2) * * *

(v) Are applicants required to

document income eligibility? (A)

Adjuctively/automatically income

eligible applicants. The State or local

agency must require applicants

determined to be adjunctively or

automatically income eligible to

document their eligibility for the

program that makes them income

eligible as set forth in paragraph

(d)(2)(vi) of this section.

(B) Other applicants. The State or

local agency must require all other

applicants to provide documentation of

family income at certification.

(C) Exceptions. The income

documentation requirement does not

apply to an individual for whom the

necessary documentation is not

available or an individual such as a

homeless woman or child for whom the

agency determines the income

documentation requirement would

present an unreasonable barrier to

participation. Examples of individuals

for whom the necessary documentation

is not available include those with no

income or no proof of income (such as

an applicant or applicant’s parent who

is a migrant farmworker or other

individual who works for cash). These

are the only exceptions that may be

used. When using these exceptions, the

State or local agency must require the

applicant to sign a statement specifying

why he/she cannot provide

documentation of income. Such a

statement is not required when there is

no income.

(D) Verification. The State or local

agency may require verification of

information it determines necessary to

confirm income eligibility for Program

benefits.

* * * * *

(ix) Are instream migrant

farmworkers and their family members

required to document income eligibility?

Certain instream migrant farmworkers

and their family members with expired

Verification of Certification cards shall

be declared to satisfy the State agency’s

income standard and income

documentation requirements. Such

cases include when income of that

instream migrant farmworker is

determined at least once every 12

months. Such families shall satisfy the

income criteria in any State for any

subsequent certification while the

migrant is instream during the 12-month

period following the determination. The

determination can occur either in the

migrant’s home base area before the

migrant has entered the stream for a

particular agricultural season, or in an

instream area during the agricultural

season.

* * * * *

(i) * * *

(3) An indication of whether the

applicant was physically present at

certification and, if not, the reason why

an exception was granted or a copy of

the document(s) in the file which

explains the reason for the exception;

(4) A description of the document(s)

used to determine residency and

identity or a copy of the document(s)

used or the applicant’s written

statement when no documentation

exists;

(5) Information regarding income

eligibility for the Program as specified

in paragraph (d) of this section as

follows:

(i) A description of the document(s)

used to determine income eligibility or

a copy of the document(s) in the file;

(ii) An indication that no

documentation is available and the

reason(s) why or a copy of the

applicant’s written statement explaining

such circumstances; or

(iii) An indication that the applicant

has no income.

* * * * *

(l) * * *

(2) At certification, the State or local

agency must require each applicant to

present proof of residency (i.e., location

or address where the applicant routinely

lives or spends the night) and proof of

identity. The State or local agency must

also check the identity of participants,

or in the case of infants or children, the

identity of the parent or guardian, or

proxies when issuing food or food

instruments. The State agency may

authorize the certification of applicants

when no proof of residency or identity

exists (such as when an applicant or an

applicant’s parent is a victim of theft,

loss, or disaster, a homeless individual,

or a migrant farmworker). In these cases,

the State or local agency must require

the applicant to confirm in writing his/

her residency or identity.

* * * * *

(p) Are applicants required to be

physically present at certification? (1) In

general. The State or local agency must

require all applicants to be physically

present at each WIC certification.

(2) Exceptions. (i) Disabilities. The

State or local agency must grant an

exception to applicants who are

qualified individuals with disabilities

and are unable to be physically present

at the WIC clinic because of their

disabilities or applicants whose parents

or caretakers are individuals with

disabilities that meet this standard.

Examples of such situations include:

(A) A medical condition that

necessitates the use of medical

equipment that is not easily

transportable;

(B) A medical condition that requires

confinement to bed rest; and

(C) A serious illness that may be

exacerbated by coming in to the WIC

clinic.

(ii) Receiving ongoing health care.

The State agency may exempt from the

physical presence requirement, if being

physically present would pose an

unreasonable barrier, an infant or child

who was present at his/her initial WIC

certification and has documented

ongoing health care from a health care

provider other than the WIC local

agency.

(iii) Working parents or caretakers.

The State agency may exempt from the

physical presence requirement an infant

or child who was present at his/her

initial WIC certification and was present

at a WIC certification or recertification

determination within the 1-year period

ending on the date of the most recent

certification or recertification

determination and is under the care of

one or more working parents or one or

more primary working caretakers whose

working status presents a barrier to

bringing the infant or child in to the

WIC clinic.

Dated: January 13, 2000.

Samuel Chambers, Jr.,

Administrator, Food and Nutrition Service.

[FR Doc. 00–1489 Filed 1–20–00; 8:45 am]

BILLING CODE 3410–30–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–05–AD; Amendment

39–11519; AD 2000–01–51]

RIN 2120–AA64

Airworthiness Directives; CL–604

Variant of Bombardier Model Canadair

CL–600–2B16 Series Airplanes

Modified in Accordance With

Supplemental Type Certificate

SA8060NM–D, SA8072NM–D, or

SA8086NM–D

AGENCY: Federal Aviation

Administration, DOT.