[Federal Register Volume 62, Number 205 (Thursday, October 23, 1997)]
[Rules and Regulations]
[Pages 55141-55142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28062]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / 
Rules and Regulations  

[[Page 55141]]


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DEPARTMENT OF AGRICULTURE

Food and Consumer Service

7 CFR Chapter II


Use of Direct Final Rulemaking

AGENCY: Food and Consumer Service, USDA.

ACTION: Policy statement.

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SUMMARY: The Food and Consumer Service 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 
notices of intent to submit adverse comments are postmarked within the 
comment period, the revisions made by the rule will, in most instances, 
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 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: Lillie Ragan, Assistant Branch Chief, 
Household Programs Branch, Food Distribution Division, Food and 
Consumer Service, U.S. Department of Agriculture, Park Office Center, 
Room 502, 3101 Park Center Drive, Alexandria, VA 22302-1594, or 
telephone (703) 305-2662.

SUPPLEMENTARY INFORMATION: In the interest of implementing needed 
changes in program administrative procedures in a more expeditious 
manner, the Food and Consumer Service (FCS) plans to improve the 
efficiency of its regulatory procedures by employing 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 may be published as direct final rules. The 
direct final rules will specify a comment period of at least 30 days. 
Such direct final rules will advise the public that no adverse comments 
are anticipated, and that unless written adverse comments or written 
notices of intent to submit adverse comments are postmarked within the 
comment period, the revisions made by the rule will, in most instances, 
be effective 60 days from the date the direct final rule is published 
in the Federal Register. In instances in which a waiting period other 
than 60 days is established, the effective date will be specified in 
the rule.
    ``Adverse comments'' means 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 FCS 
in other programs or situations outside the scope of the direct final 
rule.
    In accordance with the rulemaking provisions of the Administrative 
Procedure Act (5 U.S.C. 553), this procedure gives the public general 
notice of FCS' 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 FCS 
receives neither written adverse comments nor written notices of intent 
to submit adverse comments that are postmarked within the comment 
period, the rule will, in most instances, be effective 60 days from the 
date the direct final rule is published in the Federal Register.
    If FCS receives timely adverse comments or notices of intent to 
submit such comments, 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 rulemaking 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, absent timely adverse comments or notices to 
submit such comments, the rule will, in most instances, become 
effective 60 days following the rule's publication. However, FCS 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 final rule.
    In some instances, FCS may choose to publish a document in the 
proposed rules section of the same issue of the Federal Register 
proposing approval of and soliciting comments on the same provisions 
contained in the direct final rule. In such instances, if timely 
written adverse comments or written notices of intent to submit adverse 
comments are received in response to the direct final rule, the direct 
final rule will be withdrawn and the comments received will be 
addressed, along with comments received in response to the proposed 
rule, in a subsequent final rule.

Determining When To Use Direct Final Rulemaking

    Not all FCS rules are good candidates for direct final rulemaking. 
Many FCS rules address more complex issues for which the public may 
have a variety of opinions to offer on the need for the rule, or 
alternative methods for achieving the intended results. In these cases, 
FCS 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.
    FCS 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 on 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.


[[Page 55142]]


    Dated: October 15, 1997.
Yvette S. Jackson,
Acting Administrator, Food and Consumer Service.
[FR Doc. 97-28062 Filed 10-22-97; 8:45 am]
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