[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1990.106]

[Page 228-229]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR (CONTINUED)
 
PART 1990_IDENTIFICATION, CLAS SI FI CA TION, AND REG U LA TION OF 
PO TEN TIAL OC CU PA TION AL CAR CIN O GENS--Table of Contents
 
Sec. 1990.106  Amendments to this policy.

    (a) Initiation of review of this policy--(1) Secretary's request. No 
later than every three (3) years from the effective date of this part, 
or from the last general review, the Secretary shall request the 
Director of NCI, the Director of NIEHS and/or the Director of NIOSH, to 
review this part and render their opinions on whether significant 
scientific or technical advances made since the effective date of this 
part warrant any amendment to this part. The request shall ask that the 
answer be provided to the Secretary within one hundred twenty (120) 
days.
    (2) Recommendations by the institutes. At any time, the Director of 
NCI, the Director of NIEHS and/or the Director of NIOSH may submit 
recommendations to the Secretary for amendments to this part whenever 
any of them believes that scientific or technical advances justify such 
amendments.
    (3) Petitions from the public. (i) Any interested person may 
petition the Secretary concerning amendments to this part based upon 
substantial new issues or substantial new evidence.
    (ii) For the purposes of this part, substantial new evidence is 
evidence which differs significantly from that presented in establishing 
this part, including amendments.
    (iii) For the purposes of this part, substantial new issues are 
issues which differ significantly from those upon

[[Page 229]]

which the Secretary has reached a conclusion in the rulemaking 
establishing this part (including the conclusions reached in the 
preamble).
    (iv) Each petition to amend this part shall contain at least the 
following information:
    (A) Name and address of petitioner;
    (B) The provisions which the petitioner believes are inappropriate;
    (C) All data, views and arguments relied upon by the petitioner; and
    (D) A detailed statement and analysis as to why the petitioner 
believes that the data, views and arguments presented by petitioner:
    (1) Constitute substantial new issues or substantial new evidence; 
and
    (2) Are so significant as to warrant amendment of this part.
    (b) Response to recommendations and petitions--(1) By the 
institutes. Whenever any Director recommends an amendment to this part, 
the Secretary shall, within one hundred twenty (120) days after receipt 
of the recommendation, publish in the Federal Register, a notice which:
    (i) States the reasons why the Secretary has determined not to 
commence a rulemaking proceeding to amend this part, in whole or in 
part, at that time; or
    (ii) Commences a rulemaking proceeding to consider amending this 
part accordingly; or
    (iii) Appoints an Advisory Committee as provided for by Sec. 
1990.105 of this part and sections 6(b) and 7 of the Act.
    (2) By the public. Within ninety (90) days, or as soon thereafter as 
possible, after receipt of a petition pursuant to Sec. 1990.106(a)(3), 
the Secretary shall:
    (i) Refer the petition to the Director of NCI, the Director of NIEHS 
and/or the Director of NIOSH, in which case the provisions of Sec. 
1990.106 (a)(1) and (b)(1) are applicable; or
    (ii) Appoint an advisory committee;
    (iii) Deny the petition, briefly giving the reasons therefor; or
    (iv) Commence a rulemaking proceeding to consider amending this part 
accordingly.
    (3) On the Secretary's motion. At any time, the Secretary may, on 
his own motion, commence a rulemaking proceeding to amend this part.

[45 FR 5282, Jan. 22, 1980; 45 FR 43405, June 27, 1980]

                         The OSHA Cancer Policy