[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
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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]
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