[Federal Register Volume 59, Number 159 (Thursday, August 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20012]
Federal Register / Vol. 59, No. 159 / Thursday, August 18, 1994 /
[[Page Unknown]]
[Federal Register: August 18, 1994]
VOL. 59, NO. 159
Thursday, August 18, 1994
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Chapter IV
Use of Direct Final Rulemaking
AGENCY: Federal Crop Insurance Corporation, USDA.
ACTION: Policy statement.
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SUMMARY: The Federal Crop Insurance Corporation (FCIC) is implementing
a new rulemaking procedure to expedite making noncontroversial changes
to its regulations. Rules that FCIC 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 is required to develop, review, clear, and publish separate
proposed and final rules.
EFFECTIVE DATE: August 18, 1994.
FOR FURTHER INFORMATION CONTACT:
Mari L. Dunleavy, Regulatory Specialist, Regulatory and Procedural
Development Staff, Federal Crop Insurance Corporation, U.S. Department
of Agriculture, Washington, DC, 20250, telephone (202) 254-8450.
SUPPLEMENTARY INFORMATION: The FCIC is committed to improving the
efficiency of its regulatory process. In pursuit of this goal, it plans
to employ the rulemaking procedure known as ``direct final rulemaking''
to promulgate some FCIC rules.
The Direct Final Rule Process
Rules that FCIC judges to be noncontroversial and unlikely to
result in adverse comments will be published as direct final rules.
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 direct final 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 suggest that a change should be made to the
rule. A comment expressing support for the rule as published will not
be considered adverse. Further, a comment suggesting that requirements
in the rule should, or should not, be employed by FCIC in other
programs or situations outside the scope of the direct final rule will
not be considered adverse.
In accordance with the rulemaking provisions of the Administrative
Procedure Act (5 U.S.C. 553), the direct final rulemaking procedure
gives the public general notice of FCIC's intent to adopt a rule, and
gives interested persons an opportunity to participate in the
rulemaking process through submission of comments. The major feature of
direct final rulemaking is that if FCIC receives no written adverse
comments and no written notice of intent to submit adverse comments
within 30 days of the publication of the direct final rule, the rule
will become effective without the need to publish a separate final
rule. However, FCIC will publish a document in the Federal Register
stating that no 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 FCIC 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. If FCIC intends to proceed
with the rulemaking, the direct final rule will be republished as a
proposed rule and we will proceed with the normal notice-and-comment
rulemaking procedures.
Determining When To Use Direct Final Rulemaking
Not all FCIC rules are good candidates for direct final rulemaking.
FCIC intends to use the direct final rulemaking procedure only for
rules that are considered to be noncontroversial and unlikely to
generate adverse comments. The decision to use direct final rulemaking
for a rule will be based on FCIC's past experience with similar rules.
Done in Washington, DC, this 29th day of July 1994.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 94-20012 Filed 8-17-94; 8:45 am]
BILLING CODE 3410-08-M
