94-16109. Use of Direct Final Rulemaking  

  • [Federal Register Volume 59, Number 127 (Tuesday, July 5, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-16109]
    
    
    [[Page Unknown]]
    
    [Federal Register: July 5, 1994]
    
    
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    DEPARTMENT OF AGRICULTURE
    Food Safety and Inspection Service
    
    9 CFR Chapter III
    
    [Docket No. 94-019N]
    
     
    
    Use of Direct Final Rulemaking
    
    AGENCY: Food Safety and Inspection Service.
    
    ACTION: Policy statement.
    
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    SUMMARY: The Food Safety and Inspection Service is implementing a new 
    rulemaking procedure to expedite noncontroversial changes to its 
    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. Each direct final rule 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.
    
    FOR FURTHER INFORMATION CONTACT: Paula M. Cohen, Director, Regulations 
    Development, Policy, Evaluation and Planning Staff, Room 3812 South 
    Agriculture Building, 14th and Independence Avenue SW., Washington, DC 
    20250-3700; (202) 720-7164.
    
    SUPPLEMENTARY INFORMATION: The Food Safety and Inspection Service 
    (FSIS) is committed to improving the efficiency of our regulatory 
    process. As such, we plan to adopt the rulemaking technique known as 
    ``direct final rulemaking,'' which will be used to promulgate some of 
    FSIS' rules.
    
    The Direct Final Rule Process
    
        Rules that FSIS judges to be noncontroversial and unlikely to 
    generate adverse comments will be published as direct final rules. 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.
        ``Adverse comments'' are comments that suggest that the rule should 
    not be adopted or that a change should be made to the rule. A comment 
    expressing support for the rule as published would not be considered 
    adverse. Also, a comment suggesting that requirements in the rule 
    should, or should not, be employed by FSIS in programs or situations 
    outside the scope of the direct final rule would not be considered 
    adverse.
        In accordance with the rulemaking provisions of the Administrative 
    Procedure Act (5 U.S.C. 553), this procedure gives the public general 
    notice of FSIS' intent to revise or adopt a new 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 FSIS receives no written adverse comments within 
    30 days of the publication of a direct final rule or any written notice 
    of intent to submit adverse comments, the rule will become effective 
    without the need to publish a separate final rule. However, FSIS will 
    publish notice in the Federal Register stating that no written adverse 
    comments and no written notice of intent to submit adverse comments 
    were received regarding the direct final rule, and confirming that the 
    direct final rule is effective on the date stated in the direct final 
    rule.
        If FSIS receives written adverse comments or written notice of 
    intent to submit adverse comments within 30 days of the publication of 
    a direct final rule, FSIS will publish in the Federal Register a notice 
    of withdrawal of the direct final rule. If FSIS intends to proceed with 
    the rulemaking, the direct final rule will be republished as a proposed 
    rule, and we will proceed through the normal notice-and-comment 
    rulemaking procedures.
    
    Determining When To Use Direct Final Rulemaking
    
        Not all FSIS rules are good candidates for direct final rulemaking. 
    We intend to use the direct final procedure only for rules that we 
    consider noncontroversial and unlikely to generate adverse comments. 
    The decision to use direct final rulemaking for particular situations 
    will be based on FSIS' experience with similar rules.
    
        Done in Washington, DC., on June 27, 1994.
    William J. Hudnall,
    Acting Administrator.
    [FR Doc. 94-16109 Filed 7-1-94; 8:45 am]
    BILLING CODE 3410-DM-P
    
    
    

Document Information

Published:
07/05/1994
Department:
Food Safety and Inspection Service
Entry Type:
Uncategorized Document
Action:
Policy statement.
Document Number:
94-16109
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: July 5, 1994, Docket No. 94-019N
CFR: (1)
9 CFR None