[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: 29CFR1990.145]

[Page 237-238]
 
                             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. 1990.145  Consideration of substantial new issues or substantial new 
evidence.

    (a) Substantial new issues. Notwithstanding any other provision of 
this part, the Secretary will consider in a rulemaking proceeding on a 
specific substance any substantial new issues upon which the Secretary 
did not reach a conclusion in the rulemaking proceeding(s) underlying 
this part including conclusions presented in the preamble.
    (b) Substantial new evidence. Notwithstanding any other provision of 
this part, the Secretary will consider in a rulemaking proceeding on a 
specific substance any arguments, data or views which he determines are 
based upon substantial new evidence which may warrant the amendment of 
one or more provisions of this part. For the purposes of this part, 
``substantial new evidence'' is evidence directly relevant to any 
provision of this part and is based upon data, views or arguments which 
differ significantly from those presented in establishing this part, 
including amendments thereto.
    (c) Petitions for consideration of substantial new evidence--(1) 
Petition. Any interested person may file a written petition with the 
Secretary to consider ``substantial new evidence'' or one or more 
``substantial new issues'' which contains the information specified in 
paragraph (c)(2) of this section. The Secretary shall treat such a 
petition as a request to amend this part, as well as a petition to 
consider ``substantial new evidence''.
    (2) Contents. Each petition for consideration of ``substantial new 
evidence'' or one or more ``substantial new issues'' shall contain at 
least the following information:
    (i) Name and address of the petitioner;
    (ii) All of the data, views and arguments that the petitioner would 
like the Secretary to consider;
    (iii) The provision or provisions that petitioner believes are 
inappropriate or should be added to this part in light of the new data, 
views, and arguments;
    (iv) A statement which demonstrates that the data, views, and 
arguments relied upon by petitioners are directly relevant to the 
substance or class of substances that is the subject of a rulemaking or 
an Advance Notice of Proposed Rulemaking;
    (v) A detailed statement and analysis as to why the petitioner 
believes that the data, views, and arguments presented by the 
petitioner:

[[Page 238]]

    (A) Differ significantly from those presented in the proceeding(s) 
which establish this part;
    (B) Are so substantial as to warrant amendment of this part; and
    (C) Constitute a new issue or new evidence within the meaning of 
paragraphs (a) and (b) of this section.
    (3) Deadline for petitions. (i) Petitions which comply with 
paragraph (c) of this section, shall be filed in accordance with the 
schedule set forth in the Advanced Notice of Proposed Rulemaking.
    (ii) In extraordinary cases the Secretary may consider evidence 
submitted after the deadline if the petitioner establishes that the 
evidence relied upon was not available and could not have reasonably 
been available in whole or substantial part by the deadline and that it 
is being submitted at the earliest possible time.
    (d) Secretary's response. (1) The Secretary shall respond to 
petitions under this paragraph in accordance with Sec. 1990.106.
    (2) Whenever the Secretary determines that the ``substantial new 
issue'' or the ``substantial new evidence'' submitted under this 
paragraph is sufficient to initiate a proceeding to amend this part, the 
Secretary shall:
    (i) Issue a notice to consider amendment to this part and not 
proceed on the rulemaking concerning the individual substance until 
completion of the amendment proceeding; or
    (ii) Issue a notice to consider amendment to this part and 
consolidate it with the proceeding on the individual substance.