4 
Insofar as EPA authority to regulate insect pathogens 
under FIFRA is concerned, we would note that in 40 C.F.R. 
§172. 3 (a), EPA indicates that a substance "put through 
laboratory or greenhouse tests, or limited replicated field 
trials to confirm such tests" on less than 10 acres of field 
is not considered a "pesticide" within the meaning of the 
act. 
5. The NIH should cease its practice of 
evaluating and approving proposals for deliberate 
release from commercial biotechnology companies. The 
NIH should review proposals only from parties engaged 
in NIH-sponsored research, and refer request from 
industry to the appropriate agency.... 
ABC COMMENT: At present, NIH has the greatest 
expertise of any federal institution in appraising 
recombinant DNA activities. Until the federal regulatory 
agencies become fully conversant in recombinant DNA 
technology (a process in which ABC intends to make a 
positive contribution) , it would be foolish not to permit 
biotechnology companies to call upon that expertise. It 
should be noted that approval of a proposal by NIH does not 
shield the proposer from federal regulations or, indeed, 
from private tort actions. It is possible that scrutiny of 
a questionable proposal by NIH will lead a company to 
abandon a proposal or to alter its experimental protocol so 
as to provide additional safeguards. Such activities on the 
part of NIH are certainly beneficial to the public. When 
EPA regulations are in place, NIH may reconsider its role. 
6. The NIH and USDA should revise the membership 
of their respective RACs to include individuals 
specifically trained in ecology and the environmental 
sciences. . . . 
ABC COMMENT: ABC fully agrees with this 
recommendation. However, ABC feels that even without such 
individuals, NIH has given appropriate consideration to 
ecological issues. It should be noted that the RAC's 
ecological expertise far exceeds that of any court which 
might review its actions. 
7. GAO should review the activities of USDA in 
overseeing biotechnology and evaluate the agency's 
authority to regulate deliberate releases.... 
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