1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation is of interest to you (briefly). Will this proposed regulation affect you or the business in which you are working? How?
Food and Drug Administration (FDA) - I decided to choose this proposal to satisfy my curiosity to how the FDA plays a role in examining the safety of sunscreen and the steps taken in the approval for over the counter (OTC) sales. This particular proposal will affect my decision when I purchase sunscreen (brand, dosage, cream/spray, etc.) considering certain ingredients may be unsafe and not effective in protecting from UV Rays or exposure.
2. Describe ...view middle of the document...
Many people take pride in protecting their skin and look for as many facts/tips possible in making a decision when purchasing sunscreen. When a person is educated on relevant product information, this helps support the consumer’s decision to buy a particular product. Most companies are concerned with making a profit and not protecting their customer’s health or well being. Sometimes manufacturers and physicians exaggerate with how much sunscreen to put on, which SPF number is needed, how often it needs to be reapplied, and if it is truly waterproof. With this proposal/change, companies may not be at risk for lawsuit as the result of an allergic reaction from the use of their product.
4. Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was).
The deadline for public comment expired on September 15, 2011.
5A. Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)?
After the deadline for comments have expired, the document is published in the Federal Register for additional comments- only for an additional 30 day period. Individuals who commented on the rule(s) during the proposal stage can challenge the validity of the rules in court.
There are a few ways in which an administrative rule can be challenged. The first way is to determine if that rule is arbitrary, capricious, an abuse of discretion, or in violation of some other law. This is usually applied to formal rulemaking and simply requires the agency to show evidence to support the proposed rule. Once the comment period is over, there are three choices an agency has to determine what to do with the proposed rule(s). (1) Adopting the rule, (2) Modification of the proposed rules and going through the public comment process again, or (3) withdrawing the rule. The Administrative Procedure Act (APA) allows the agency to adopt a modified version of the rule without having to go through the public comment period again, only if the modification is minor.
B. If the proposal passes, identify and explain the five legal theories you could use in an...