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The amended ruleset will adopt by reference the amended federal USofA rules, namely 18 CFR
Part 101.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
No, the subject matter of the rules is not contained in any guideline, handbook, manual,
instructional bulletin, form, or operational memoranda.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
No, the proposed ruleset is not listed in LARA’s 2023-2024 Regulatory Plan.
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?
Full Process
13. Please describe the extent to which the rules exceed similar regulations, compliance
requirements, or other standards adopted at the state, regional, or federal level.
The proposed ruleset will amend state rules to adopt by reference federal rules that go into effect
on January 1, 2025. The ruleset will, therefore, not exceed these regulatory requirements.
14. Do the rules incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules? If yes, please explain.
No recommendations were received from the public regarding this ruleset.
15. If amending an existing rule set, please provide the date of the last evaluation of the rules
and the degree, if any, to which technology, economic conditions, or other factors have changed
the regulatory activity covered by the rules since the last evaluation.
The ruleset was last amended in 2011 to update the adoption by reference of the federal USofA
rules to the version that went into effect on April 1, 2010. The regulatory activity associated with
the USofA rules has not changed.
16. Are there any changes or developments since implementation that demonstrate there is no
continued need for the rules, or any portion of the rules?
No, there are no changes or developments that would demonstrate there is no continued need for
the rules.
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL
24.239(2))? If so, please attach the decision record.
No
Based on the information provided in this RFR, MOAHR concludes that there are sufficient
policy and legal bases for approving the RFR. The RFR satisfies the requirements of the
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive
Order No. 2019-6.
MCL 24.239