[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1990.104]

[Page 211-212]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR--(CONTINUED)
 
PART 1990--IDENTIFICATION, CLASSIFICATION, AND REGULATION OF POTENTIAL OCCUPATIONAL CARCINOGENS--Table of Contents
 
Sec. 1990.104  Scientific review panel.

    (a) General. At any time, the Secretary may request the Director of 
NCI, the Director of NIEHS and/or the Director of NIOSH to convene a 
scientific review panel (``the panel'') to provide recommendations to 
the Secretary in the identification, classification, or regulation of 
any potential occupational carcinogen.
    (b) Membership. The panel will consist of individuals chosen by the 
respective Director(s). The panel will consist of

[[Page 212]]

individuals who are appropriately qualified in the disciplines relevant 
to the issues to be considered, and who are employed by the United 
States. The panel does not constitute an advisory committee within the 
meaning of section 6(b) or 7(b) of the Act, or the Federal Advisory 
Committee Act (Pub. L. 92-463, 86 Stat. 770).
    (c) Report. The Secretary shall request that the panel submit a 
report of its evaluation within ninety (90) days after the appointment 
of the members of the panel. The Secretary shall place a copy of the 
report in the record of any relevant rulemaking undertaken pursuant to 
this part and allow an appropriate time for public review and comment. 
If a panel is not established or fails to file a timely report, or if 
the Secretary determines that it is necessary to proceed without waiting 
for the panel's report, the Secretary may proceed in making any 
determination without such report.
    (d) Other aid and assistance. Nothing herein precludes the Secretary 
from obtaining advice or other aid from any person or organization 
including NCI, NIEHS, and NIOSH.