[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Rules and Regulations]
[Page 10303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4496]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 /
Rules and Regulations
[[Page 10303]]
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
7 CFR Chapter VIII
7 CFR Chapter I, Part 68
9 CFR Chapter II
Use of Direct Final Rulemaking
AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.
ACTION: Policy statement.
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SUMMARY: The Grain Inspection, Packers and Stockyards Administration
(GIPSA) is implementing a new rulemaking procedure to expedite making
noncontroversial changes to regulations. Rules that the agency judges
to be noncontroversial and unlikely to result in adverse comments will
be published as ``direct final'' rules. {``Adverse comments'' are
comments that suggest that a rule should not be adopted or suggest that
a change should be made to the rule.} Such direct final rules will
advise the public that no adverse comments are anticipated, and that
unless written adverse comments or written notice of intent to submit
adverse comments are received within 30 days, the revision made by the
rule will be effective 60 days from the date the direct final rule is
published in the Federal Register. This new policy should expedite the
promulgation of routine or otherwise noncontroversial rules by reducing
the time that would be required to develop, review, clear, and publish
separate proposed and final rules.
ADDRESSES: If you wish to submit comments on this notice, please send
them to George Wollam, USDA, GIPSA, room 0623-S, P.O. Box 96454,
Washington, DC 20090-6454. Comments received may be inspected at USDA,
room 0623, South Building, 14 and Independence Ave SW, Washington, DC
between 8 a.m. and 3:30 p.m., Monday through Friday, except holidays.
FOR FURTHER INFORMATION CONTACT:
George Wollam, address same as above, (202) 720-0292.
SUPPLEMENTARY INFORMATION: GIPSA is committed to improving the
efficiency of its regulatory processes to fulfill agency missions in a
manner that imposes the least necessary burden. In pursuit of this
goal, GIPSA plans to employ the rulemaking technique known as ``direct
final rulemaking'' to promulgate some of its rules.
The Direct Final Rule Process
Rules that the agency judges to be noncontroversial and unlikely to
result in adverse comments will be published as direct final rules.
Such direct final rules advise the public that no adverse comments are
anticipated, and that unless written adverse comments or written notice
of intent to submit adverse comments are received within 30 days, the
revision made by the rule will be effective 60 days from the date the
direct final rule is published in the Federal Register.
By ``adverse comment'' we mean comments that suggest that the rule
should not be adopted or that suggest that a change should be made to
the rule. A comment expressing support for the rule as published would
obviously not be considered adverse. Neither would a comment suggesting
that requirements in the rule should, or should not, be employed by
GIPSA in other programs or situations outside the scope of the direct
final rule.
In accordance with the rulemaking provisions of the Administrative
Procedures Act (5 U.S.C. 553), this procedure gives the public general
notice of GIPSA's intent to adopt a rule and gives interested persons
an opportunity to participate in the rulemaking through submission of
comments. The major feature of direct final rulemaking is that if GIPSA
receives no written adverse comments within 30 days of the publication
of a direct final rule, nor any written notice of intent to submit
adverse comments, the rule will become effective without the need to
publish a separate rule.
If GIPSA receives written adverse comments or written notice of
intent to submit adverse comments within 30 days of the publication of
a direct final rule, a notice of withdrawal of the direct final rule
will be published in the Federal Register and a proposed rule will be
published establishing a comment period for the rule making action.
Following the close of the comment period, the comments will be
considered, and a final rule addressing the comments will be published.
As discussed above, if GIPSA receives no written adverse comments
within 30 days of the publication of a direct final rule, nor any
written notice of intent to submit adverse comments, the direct final
rule will become effective 60 days following publication. However,
GIPSA will publish a notice in the Federal Register indicating that no
adverse comments were received on the direct final rule, and confirming
that it is effective on the date indicated in the direct rule.
Determining When To Use Direct Final Rulemaking
Not all GIPSA rules are good candidates for direct final
rulemaking. Many GIPSA rules address complex marketing and regulatory
situations where the trade and public may have a variety of opinions to
offer on the need for the rule, or possible alternative methods for
achieving the purpose of the rule. In these cases, GIPSA plans to
continue to publish a proposed rule and establish a comment period to
allow submission of comments, followed by a final rule addressing the
comments.
GIPSA plans to use direct final rulemaking on a case-by-case basis
when we do not anticipate adverse comments. The decision to use direct
final rulemaking for a rule would be based upon our experience with
similar rules. If similar rules were published in the past as proposals
that did not elicit adverse comments, we would consider publishing such
rules in the future as direct final rules.
Dated: February 15, 1995.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 95-4496 Filed 2-23-95; 8:45 am]
BILLING CODE 3410-EN-M
