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Direct-Final Rule

A direct-final rule is a rule published first as a final rule with an accompanying statement indicating that the rule will take effect in X days unless someone submits a significant adverse or negative comment, or a notice of intent to submit such a comment, within a stated number of days. If no such comment is received, the rule automatically takes effect. If even one such comment is received, and the agency wishes to go forward, the agency must republish the document as a proposed rule and proceed with normal notice-and-comment rulemaking. Direct-final rulemaking was developed by agencies as a streamlining technique to be used when they are confident that a rule will be noncontroversial.
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