[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: 29CFR1990.147]

[Page 238-239]
 
                             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. 1990.147  Final action.

    (a) Within one hundred twenty (120) days from the last day of any 
hearing or ninety (90) days from the close of any post hearing comment 
period, whichever occurs first, the Secretary shall publish in the 
Federal Register:
    (1) A final standard based upon the record in the proceeding; or

[[Page 239]]

    (2) A statement that no final standard will be issued, and the 
reasons therefor, or
    (3) A statement that the Secretary intends to issue a final rule, 
but that he is unable to do so at the present time, including:
    (i) The reasons therefor; and
    (ii) The date by which the standard will be published, which may not 
exceed one hundred twenty (120) days thereafter.
    (iii) The Secretary may issue no more than one such notice, unless 
the Secretary determines that (A) new evidence which was unavailable 
during the rulemaking proceeding has just become available; (B) the 
evidence is so important that a final rule could not reasonably be 
issued without this evidence, and; (C) the record is reopened for 
receipt of comments and/or a hearing on this evidence. This paragraph 
does not require the Secretary to consider any evidence which is 
submitted after the dates established for the submission of evidence.
    (b) The failure of the Secretary to comply with the required 
timeframes shall not be a basis to set aside any standard or to require 
the issuance of a new proposal on any individual substance.
    (c) The final standard shall state whether the substance or group of 
substances subject to the rulemaking is classified as a Category I 
Potential Carcinogen or as a Category II Potential Carcinogen. If the 
classification differs from that in the notice of proposed rulemaking, 
the Secretary shall explain the reasons for the change in classification 
in the preamble to the final standard.
    (d) If the substance is classified as a Category I Potential 
Carcinogen, the final standard shall conform to the provisions of Sec. 
1990.142(a)(2)(iii). If the final standard contains other provisions 
that substantially differ from the proposed provisions, the Secretary 
shall explain the reasons for the changes in the preamble to the final 
standard.
    (e) If the substance is classified as a Category II potential 
carcinogen, the final standard shall conform to the provisions of Sec. 
1990.142(a)(3)(iii). If the final standard contains other provisions 
that substantially differ from the proposed provisions, the Secretary 
shall explain the reasons for the changes in the preamble to the final 
standard.
    (f) If the substance is classified as a Category II potential 
carcinogen, the Secretary shall notify the applicable federal and state 
agencies, including the Administrator of EPA, the Director of NCI, the 
Director of NIEHS, the Director of NIOSH, the Commissioner of FDA and 
the Chairperson of CPSC of such determination and request that the 
applicable agencies engage in, or stimulate, further research pursuant 
to their legislative authority, to develop new and additional scientific 
data.
    (g) If, after a rulemaking, the Secretary determines that the 
substance under consideration should not be classified as a Category I 
potential carcinogen or a Category II potential carcinogen, the 
Secretary shall publish a notice of this determination in the Federal 
Register, together with the reasons therefor.

                             Model Standards