Three steps must precede a finding of failure
What the document says“``(B) provide such person with a 45-day period beginning on the date of receipt of such noncompliance letter to respond in writing as set forth in such paragraph; and”
Subsection (b) of section 6602 adds a new paragraph (4). Before concluding that a person failed to meet a requirement, the Secretary must issue a noncompliance letter, give the person 45 days from receipt to respond in writing, and after reviewing the response decide whether the person showed a lack of due diligence.
What the document actually says“``(B) provide such person with a 45-day period beginning on the date of receipt of such noncompliance letter to respond in writing as set forth in such paragraph; and”
The maker gets 45 days to answer in writing. The clock starts when the letter arrives.
The health chief must send a letter first. Then comes the answer. Only after reading it can the chief find a failure.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.