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Regulations (Preambles to Final Rules) - Table of Contents
• Record Type: Lead Exposure in Construction
• Section: 7
• Title: Section 7 - VII. Date of Effectiveness and Absence of Notice and Comment

VII. Date of Effectiveness and Absence of Notice and Comment

Section 1031 of the Housing and Community Development Act specifically provides that the "not later than 180 days after enactment of this Act, the Secretary of Labor shall issue an interim final regulation regulating occupational exposure to lead."

The express use of the phrase "interim final regulation," which in the rulemaking context commonly describes a rule issued without notice and comment, in connection with the extremely limited time frame provided by this section, makes clear that Congress intended this rule to be issued without the time-consuming process of notice and comment. The Agency, therefore, concludes that neither the notice and comment rulemaking provisions of the OSH Act nor those of the Administrative Procedures Act are applicable to the issuance of this interim final rule. This view is further supported in the Act's Legislative Committee report which states that "...the procedural requirements of section 6 of the OSH Act do not apply to the promulgation of the interim final regulation," [n]or ... do the notice and comment provisions of the Administrative procedures Act apply."

[58 FR 26590, May 4, 1993]

Regulations (Preambles to Final Rules) - Table of Contents

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