[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]
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