[Federal Register Volume 69, Number 214 (Friday, November 5, 2004)]
[Rules and Regulations]
[Page 64477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23254]



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Rules and Regulations
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Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / 
Rules and Regulations

[[Page 64477]]



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.

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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]
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