Under 1990.147(a) the Secretary must publish in the FEDERAL REGISTER within 120 days from the last day of any hearing or 90 days from the close of any post-hearing comment period, whichever occurs first. See the timing requirement in 1990.147(a).
Under 1990.147(a), the Secretary must publish one of three items in the FEDERAL REGISTER: a final standard based on the record, a statement that no final standard will be issued with reasons, or a statement that the Secretary intends to issue a final rule but is unable to do so at the present time (with reasons and a target date). See the options listed in 1990.147(a).
Under 1990.147(a)(3), the notice must explain the reasons why a final standard cannot be issued now and must state the date by which the standard will be published, and that date may not exceed 120 days after the notice. See the requirements in 1990.147(a)(3) and the timing limit in 1990.147(a)(3)(ii).
Under 1990.147(a)(3)(iii), the Secretary may issue no more than one such notice delaying final action unless specific conditions are met. See the one-notice limit in 1990.147(a)(3)(iii).
Under 1990.147(a)(3)(iii)(A)-(C), the Secretary may issue more than one delay notice only if (1) new evidence that was unavailable during the rulemaking has just become available, (2) that evidence is so important that a final rule could not reasonably be issued without it, and (3) the record is reopened for comments and/or a hearing on that evidence. See the criteria in 1990.147(a)(3)(iii)(A), 1990.147(a)(3)(iii)(B), and 1990.147(a)(3)(iii)(C).
Under 1990.147(a)(3)(iii), the Secretary is not required to consider evidence submitted after the dates established for the submission of evidence. See the explicit limitation in 1990.147(a)(3)(iii).
Under 1990.147(b), failure of the Secretary to meet the required timeframes does not provide a basis to set aside any standard or to require issuance of a new proposal for any individual substance. See the non-waiver of standards due to timing in 1990.147(b).
Under 1990.147(c), the final standard must state whether the substance or group of substances is classified as a Category I Potential Carcinogen or as a Category II Potential Carcinogen, and if this classification differs from the proposed rule the Secretary must explain the reasons in the preamble to the final standard. See the classification and explanation requirement in 1990.147(c).
Under 1990.147(d), if the substance is classified as a Category I Potential Carcinogen, the final standard must conform to the provisions of 1990.142(a)(2)(iii) as required by 1990.147(d).
Under 1990.147(e), if the substance is classified as a Category II Potential Carcinogen, the final standard must conform to the provisions of 1990.142(a)(3)(iii) as required by 1990.147(e).
Under 1990.147(e) and the related provision, the Secretary must explain the reasons for any substantial changes from the proposed provisions in the preamble to the final standard. See this explanation requirement in 1990.147(e).
Under 1990.147(f), the Secretary must notify 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—and request that those agencies engage in or stimulate further research under their legislative authority to develop new scientific data. See the notification and research-request requirement in 1990.147(f).
Under 1990.147(g), the Secretary must publish a notice in the FEDERAL REGISTER stating that the substance should not be classified as a Category I or Category II potential carcinogen, along with the reasons for that determination. See the publication requirement in 1990.147(g).
Under 1990.147(a)(3)(ii), the date by which the final standard will be published may not exceed 120 days after the notice stating the Secretary intends to issue a final rule but cannot do so immediately. See the 120-day maximum in 1990.147(a)(3)(ii).
Under 1990.147(a), 'whichever occurs first' means you measure two clocks—the 120 days from the last day of any hearing and the 90 days from the close of any post-hearing comment period—and the earlier of those two dates is the deadline to publish the required notice in the FEDERAL REGISTER. See the timing rule in 1990.147(a).
Under 1990.147(a)(3)(iii)(C), 'reopen the record' means the Secretary must permit the receipt of comments and/or hold a hearing on the newly available evidence before issuing a final rule. See the reopening requirement in 1990.147(a)(3)(iii)(C).
Under 1990.147(c) and 1990.147(e), the Secretary must explain any change in classification or any substantial change from the proposed provisions in the preamble to the final standard published in the FEDERAL REGISTER. See 1990.147(c) and 1990.147(e).