[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1990.121]

[Page 231-232]
 
                             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. 1990.121  Candidate list of potential occupational carcinogens.

    (a) Contents. The Secretary shall prepare a list of substances (the 
``Candidate List'') which are reported to be present in any American 
workplace and which, on the basis of a brief scientific review of 
available data, may be considered candidates for further scientific 
review and possible regulation as Category I Potential Carcinogens or 
Category II Potential Carcinogens. For the purposes of this paragraph, 
``available data'' means:
    (1) The data submitted by any person;
    (2) Any data referred to by the Secretary of HHS or by the Director 
of NIOSH, either in the latest list entitled ``Suspected Carcinogens'' 
or any other communication;
    (3) Literature referred to in U.S. Public Health Service, 
Publication No. 149;
    (4) Data summarized and reviewed in Monographs of the International 
Agency for Research on Cancer (IARC) of the World Health Organization;
    (5) The Toxic Substances Control Act Inventory of Chemical 
Substances, published by the Administrator of EPA;
    (6) The Secretary of HHS's Annual Report to the President and the 
Congress as required by the Community Mental Health Centers Extension 
Act of 1978, section 404(a)(9), 42 U.S.C. 285.
    (7) Any other relevant data of which the Secretary has actual 
knowledge.
    (b) Tentative classification. The Secretary may tentatively 
designate substances on the Candidate List as candidates for 
classification as Category I Potential Carcinogens or as Category II 
Potential Carcinogens, or may list substances without a tentative 
designation, based on the brief scientific review of available data for 
the purpose of initiating a more extensive scientific review.
    (c) No legal rights established. The inclusion or exclusion of any 
substance from the Candidate List shall not be subject to judicial 
review nor be the basis of any legal action, nor shall the exclusion of 
any substance from the

[[Page 232]]

list prevent the regulation of that substance as a potential 
occupational carcinogen. The inclusion of a substance on the Candidate 
List and its possible tentative designation as a Category I Potential 
Carcinogen or a Category II Potential Carcinogen therein do not reflect 
a final scientific determination that the substance is, in fact, a 
Category I Potential Carcinogen or a Category II Potential Carcinogen. 
It is a policy determination based on the brief scientific review that 
the Secretary should conduct a thorough review of all relevant 
scientific data concerning the substance.

    Effective Date Note: At 48 FR 243, Jan. 4, 1983, in Sec. 1990.121, 
paragraphs (a) and (b) were stayed in order to evaluate the impact of 
publishing the Candidate Lists and Priority List and to reconsider the 
criteria used in establishing the lists (see also 47 FR 187, Jan. 5, 
1982).