[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: 29CFR1990.131]

[Page 231-232]
 
                             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. 1990.131  Priority lists for regulating potential occupational 
carcinogens.

    The Secretary shall establish two priority lists for regulating 
potential occupational carcinogens. One list should include 
approximately ten (10) candidates for rulemaking as Category I Potential 
Carcinogens; the other approximately ten (10) candidates for rulemaking 
as Category II Potential Carcinogens. The order of placement of 
substances on these lists will not reflect the Secretary's determination 
of the exact order in which these substances should be regulated in 
rulemaking proceedings but rather a policy

[[Page 232]]

determination that the Secretary plans to address some or all of these 
substances prior to proceeding with a thorough scientific review of data 
concerning other substances on the Candidate List. The inclusion or 
exclusion of any substance on these lists shall not be subject to 
judicial review or be the basis for any legal action. The Secretary may 
regulate a potential occupational carcinogen which has not been placed 
on these lists. The inclusion of a substance on either of these lists 
does not reflect a final scientific determination that the substance is, 
in fact, a Category I Potential Carcinogen or a Category II Potential 
Carcinogen.

    Effective Date Note: At 48 FR 243, Jan. 4, 1983, Sec. 1990.131 was 
stayed in order to evaluate the impact of publishing the Candidate List 
and Priority Lists and to reconsider the criteria used in establishing 
the lists (see also 47 FR 187, Jan. 5, 1982).