- WEB EXCLUSIVE
- PE COFFEEHAUS
The notice states that, under Section 25(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA must provide the Secretary of Agriculture with a copy of a proposed regulation at least 60 days before signing it for publication in the Federal Register, and that the draft proposed rule is not available to the public until after it has been signed by EPA. If the Secretary comments in writing within 30 days after receiving it, the EPA Administrator shall include the comments of the Secretary, and the Administrator’s response to those comments, in the proposed rule when it is published in the Federal Register. If the Secretary does not comment in writing within 30 days, the EPA Administrator may sign the proposed regulation for publication in the Federal Register anytime after the 30-day period. EPA submitted the draft rule to the Office of Management and Budget for review on Sept. 29, 2010.
At this stage, this would appear to be mostly a pro forma step to both comply with the FIFRA 60-day notice to the U.S. Department of Agriculture (USDA) requirement, and to allow the EPA to meet its commitment to issue the rule by Jan. 16, 2011. Whether USDA or other federal agencies will seek to significantly affect the draft rule before issuance of the Notice of Proposed Rulemaking (NPRM) is uncertain. The proposed rule is expected to closely track the text that was included in the court settlement ( www.lawbc.com/news/2010/06/epa-settles-case-concerning-human-subjects-protections-rule). Whether comments submitted on the proposed rule might lead to any significant revisions, which are responsive to critics other than the non-governmental organization (NGO) community, will be of interest to those parties who have had difficulty in complying with the current rule and interpretations.