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National Grain & Feed Ass'n v. OSHA

ELR Citation: 18 ELR 21265
Nos. No. 87-1603, 845 F.2d 345/(D.C. Cir., 05/03/1988)

The court rules that for purposes of §6(f) of the Occupational Safety and Health Act, a standard is promulgated on the date that it is published in the Federal Register, rather than when it is filed with the Office of the Federal Register. Existing Occupational Safety and Health Administration regulations only address when a standard is issued, not when it is promulgated. The court also holds that a petition challenging the final standard regulating hazard communication was timely, since it was filed within 60 days of the standard's publication in the Federal Register.

Counsel for Petitioner
Marc L. Fleischaker
Arent, Fox, Kintner, Plotkin & Kahn
Washington Sq., 1050 Connecticut Ave. NW, Washington DC 20036-5339
(202) 857-6000

Counsel for Respondent
Allen H. Feldman
200 Constitution Ave. NW, Rm. N-2700, Washington DC 20210
(202) 533-8237

Before ROBINSON, SILBERMAN, and WILLIAMS, Circuit Judges.