finally made.” Jones v. D.C. Redevelopment Land Agency , 499 
F. 2d 502, 511 (D.C. Cir. 1974) . If this EIS is to be of 
significance, NIH must take an open position on the adequacy 
of these guidelines, and indeed, on whether to fund recombinant 
research at all. While it is laudable that N.I.H. consulted 
the scientific community in establishing guidelines, only by 
the NEPA process can the opinions of members of the general 
public be integrated into the decision-making process. See 
Greene County Planning Board v. FPC , 455 F. 2d 412, 422, 
cert, denied 409 U.S. 849 (1972). We urge Director Fredrickson 
to maintain an open position on the adequacy of the guidelines, 
and to seriously consider their revision in light of comments 
to the DEIS. 
The procedure whereby the guidelines were issued was 
also unusual. Federal regulations are normally not effective 
xintil published in the Federal Register with a period for 
comment. Administrative Procedure Act, 5 U.S.C. § 553. 
Nevertheless, we support the effectuation of the guidelines 
in the interim period when comments on them and on the DEIS 
are being considered, in light of existing grants for 
recombinant research. We note that the period for comment on 
the guidelines expires on November 1, 1976, and assume that 
the Director will consider the current guidelines as subject 
to revision. 
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Appendix K — 82 
