[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 /
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[[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