40 CFR 173.3 – Initiation of rescission proceedings
(a) Whenever the Administrator determines that a State having primary enforcement responsibility for pesticide use violations is not carrying out such responsibility, or cannot carry out such responsibility due to the lack of adequate legal authority, the Administrator shall notify the State in writing of his intent to rescind its primary enforcement responsibility, in whole or in part, by serving upon the State a notice of intent to rescind.
Terms Used In 40 CFR 173.3
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(b) The notice of intent to rescind shall:
(1) Specify those aspects of the State’s pesticide use enforcement program determined to be inadequate;
(2) Specify the facts which underlie the findings contained in the rescission notice;
(3) Have attached thereto copies of any relevant documents discoverable under the Federal Rules of Civil Procedure and the Freedom of Information Act which contain data relied upon by the Administrator in making his decision to issue the notice;
(4) Have attached thereto a copy of this part; and
(5) Be sent to the State by certified mail, return receipt requested.
(c) The State may respond in writing to the findings specified in the notice of intent to rescind.