[Federal Register Volume 68, Number 59 (Thursday, March 27, 2003)]
[Rules and Regulations]
[Page 14889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7238]



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 Rules and Regulations
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  Federal Register / Vol. 68, No. 59 / Thursday, March 27, 2003 / Rules 
and Regulations  

[[Page 14889]]



DEPARTMENT OF AGRICULTURE

Rural Housing Service

7 CFR Chapters XVIII and XXXV


Policy Statement for Direct Final Rulemaking

AGENCY: Rural Housing Service, USDA.

ACTION: Policy statement.

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SUMMARY: The Rural Housing Service (RHS) is implementing a new 
rulemaking procedure to expedite making noncontroversial changes to its 
regulations. Rules that RHS determines to be noncontroversial and 
unlikely to result in adverse comments will be published as ``direct 
final'' rules. ``Adverse comments'' are those comments that suggest a 
rule should not be adopted or 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 60 days 
from the date the direct final rule is published in the Federal 
Register, the rule will be effective 75 days from the date the direct 
final rule is published in the Federal Register.

DATES: Effective March 27, 2003.

FOR FURTHER INFORMATION CONTACT: Dan Riggs, Community Programs, Direct 
Loan and Grant Processing Division, Rural Housing Service, U.S. 
Department of Agriculture, STOP 0787, 1400 Independence Ave. SW., 
Washington, DC 20250-0787. Telephone: 202-720-1490, FAX: 202-690-0471, 
E-mail: [email protected].

SUPPLEMENTARY INFORMATION: RHS is committed to improving the efficiency 
of its regulatory process. In pursuit of this goal, we plan to employ 
the rulemaking procedure known as direct final rulemaking to promulgate 
some RHS rules.

The Direct Final Rule Process

    Rules that RHS determines to be noncontroversial and unlikely to 
result in adverse comments will be published in the Federal Register as 
direct final rules. Each direct final rule will advise the public that 
no adverse comments are anticipated and, that unless any adverse 
comments are received within 60 days, the direct final rule will be 
effective 75 days from the date the direct final rule is published in 
the Federal Register.
    Adverse comments are comments that suggest 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, will not be considered 
adverse. Further, a comment suggesting that requirements in the rule 
should, or should not, be employed by RHS in other programs or 
situations outside the scope of the direct final rule will not be 
considered adverse.
    If RHS receives written adverse comments or written notice of 
intent to submit adverse comments within 60 days of the publication of 
a direct final rule, a document withdrawing the direct final rule prior 
to its effective date will be published in the Federal Register stating 
that adverse comments were received.
    In accordance with rulemaking provisions of the Administrative 
Procedure Act (5 U.S.C. 553), the direct final rulemaking procedure 
gives the public general notice of RHS's intent to adopt a new rule and 
gives interested persons an opportunity to participate in the 
rulemaking process through submission of comments for consideration by 
RHS. The major feature of the direct final rulemaking process is that 
if RHS receives no written adverse comments and no written notice of 
intent to submit adverse comments within the comment period specified, 
the RHS 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 
specified in the direct final rule.

Determining When To Use Direct Final Rulemaking

    Not all RHS rules are good candidates for the direct final 
rulemaking. RHS intends to use the direct final rulemaking procedure 
only for rules that we consider to be noncontroversial and unlikely to 
generate adverse comments. The decision whether to use the direct final 
rulemaking process for a particular action will be based on RHS 
experience with similar actions.

    Dated: March 19, 2003.
Arthur A. Garcia,
Administrator, Rural Housing Service.
[FR Doc. 03-7238 Filed 3-26-03; 8:45 am]
BILLING CODE 3410-XV-P