This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

64477

Vol. 69, No. 214

Friday, November 5, 2004

DEPARTMENT OF AGRICULTURE 

7 CFR Chaper XXX 

Office of the Chief Financial Officer; 

Policy Statement for Direct Final 

Rulemaking

AGENCY: Office of the Chief Financial 

Officer, USDA.

ACTION: Policy statement.

SUMMARY: The Office of the Chief 

Financial Officer (OCFO) is 

implementing a new ‘‘direct final’’ 

rulemaking procedure to expedite any 

noncontroversial changes to its 

regulations.

DATES: Effective November 5, 2004.

FOR FURTHER INFORMATION CONTACT:

Matthew Faulkner, Office of the Chief 

Financial Officer, Credit, Travel and 

Grants Policy Division, United States 

Department of Agriculture, (202) 720–

1307.

SUPPLEMENTARY INFORMATION: 

The Direct Final Rule Process 

Rules that OCFO 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. Unless any adverse 

comments are received within 60 days, 

the direct final rule will take effect 90 

days after it is published in the Federal 

Register. 

If OCFO receives written adverse 

comments or notice of intent to submit 

such comments within 60 days of the 

publication of a direct final rule, OCFO 

will publish in the Federal Register a 

document stating that adverse 

comments were received and 

withdrawing the direct final rule prior 

to its effective date. 

Any comment expressing support for 

the rule as published will not be 

considered adverse. Additionally, any 

comment suggesting that requirements 

in the rule should or should not be 

employed by OCFO in other programs 

or situations outside the scope of the 

direct final rule will not be considered 

adverse. 

In accordance with rulemaking 

provisions of the Administrative 

Procedure Act (5 U.S.C. 553), the direct 

final rulemaking procedure notifies the 

public of OCFO intent to adopt a new 

rule and gives interested persons an 

opportunity to participate in the 

rulemaking process through the 

submission of comments for 

consideration. If neither written adverse 

comments nor written notice of intent to 

submit such comments are received, 

OCFO will publish a document in the 

Federal Register stating that no adverse 

comments were received and 

confirming the direct final rule’s 

effective date. 

Determining When To Use Direct Final 

Rulemaking 

OCFO promulgates USDA-wide 

policies pertaining to Federal financial 

assistance. Many of these policies 

implement broader Federal policies 

established by the Office of Management 

and Budget (OMB), frequently through 

OMB circulars. OMB typically uses a 

notifier and comment process in 

adopting the OMB circulars. OCFO has 

limited discretion in implementing 

these policies through rulemakings 

governing USDA financial assistance. 

Typically, such OMB policies are 

implemented verbatim. 

OCFO may use the direct final 

rulemaking process to revise USDA 

regulations to implement revisions to 

OMB Circulars. For instance, if OMB 

revises the dollar thresholds in an OMB 

Circular, OCFO would use a direct final 

rulemaking to incorporate the revisions 

into USDA-implementing regulations. 

Not all OCFO rules are good 

candidates for the direct final 

rulemaking. OCFO intends to use the 

direct final rulemaking procedure only 

for rules considered 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 OCFO 

experience with similar actions.

Patricia E. Healy, 

Acting Chief Financial Officer. 

Ann M. Veneman, 

Secretary of Agriculture.

[FR Doc. 04–23254 Filed 11–4–04; 8:45 am] 

BILLING CODE 3410–90–P

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Parts 215, 235, and 252

[DHS 2007–0002] 

RIN 1650–AA00

Notice to Nonimmigrant Aliens Subject 

To Be Enrolled in the United States 

Visitor and Immigrant Status Indicator 

Technology System (US–VISIT); 

Extension of Comment Period

AGENCY: Border and Transportation 

Security Directorate, DHS.

ACTION: Interim rule; extension of 

comment period. 

SUMMARY: On August 31, 2004, the 

Department of Homeland Security 

(DHS) published in the Federal Register

at 69 FR 53318, an interim rule which 

extended the US–VISIT program to 

include persons traveling without visas 

under the Visa Waiver Program, 

expanded US–VISIT to the 50 most 

highly trafficked land border ports of 

entry, and made several other minor 

changes to the US–VISIT program. The 

comment period for this regulation was 

set to expire on November 1, 2004. 

However, DHS has extended the 

comment period for this interim rule for 

an additional 30 days. This document 

informs the public that the comment 

period has been extended until 

December 1, 2004.

DATES: Written comments must be 

submitted on or before December 1, 

2004.

ADDRESSES: You may submit comments 

identified by RIN 1615–AA00 to the 

Docket Management Facility at the EPA. 

To avoid duplication, please use only 

one of the following methods: 

(1) Web Site: http://www.epa.gov/

edocket. Follow the instructions for 

submitting comments at that Web site. 

(2) Mail: Written comments may be 

submitted to Michael Hardin, Senior