[Federal Register: April 20, 2010 (Volume 75, Number 75)]
[Proposed Rules]
[Page 20546-20547]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap10-15]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
42 CFR Part 84
[Docket Number NIOSH-0137]
RIN 0920-AA33
Total Inward Leakage Requirements for Respirators
AGENCY: Centers for Disease Control and Prevention, Department of
Health and Human Services.
ACTION: Notice of proposed rulemaking; reopening of comment period.
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SUMMARY: The Centers for Disease Control and Prevention (CDC) is
reopening the comment period for the notice of proposed rulemaking by
the National Institute for Occupational Safety and Health (NIOSH) of
CDC, entitled ``Total Inward Leakage Requirements for Respirators,''
published in the Federal Register on October 30, 2009 (74 FR 56141).
The comment period on this proposed regulation closed on March 29, 2010
(74 FR 66935) and is being reopened until September 30, 2010.
DATES: All written comments must be received on or before September 30,
2010.
ADDRESSES: You may submit comments, identified by RIN: 0920-AA33, by
any of the following methods:
[[Page 20547]]
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: niocindocket@cdc.gov. Include ``RIN: 0920-AA33''
and ``42 CFR Part 84'' in the subject line of the message.
Mail: NIOSH Docket Office, Robert A. Taft Laboratories,
MS-C34, 4676 Columbia Parkway, Cincinnati, OH 45226.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking, RIN: 0920-AA33. All comments received will be posted
without change to http://www.cdc.gov/niosh/docket, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to http://www.cdc.gov/niosh/docket.
FOR FURTHER INFORMATION CONTACT: Jonathan V. Szalajda, NIOSH, National
Personal Protective Technology Laboratory (NPPTL), Post Office Box
18070, 626 Cochrans Mill Road, Pittsburgh, Pennsylvania 15236,
telephone (412) 386-5200, facsimile (412) 386-4089, e-mail
zfx1@cdc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 30, 2009, the Department of Health and Human Services
proposed a rule to establish total inward leakage (TIL) requirements
for half-mask air-purifying particulate respirators approved by NIOSH.
The proposed new requirements specify TIL minimum performance
requirements and testing to be conducted by NIOSH and respirator
manufacturers to demonstrate that these respirators, when selected and
used correctly, provide effective respiratory protection to intended
users against toxic dusts, mists, fumes, fibers, and biological and
infectious aerosols (e.g., influenza A (H5N1), Bacillus anthracis,
severe acute respiratory syndrome (SARS) coronavirus, and Mycobacterium
tuberculosis). The agency held a public meeting on December 3, 2009 to
take comments on the proposed regulation (74 FR 59501). Based on
requests to extend the comment period submitted in writing and made
orally at the public meeting, the agency extended the comment period
until March 29, 2010 (74 FR 66935).
II. Reopening of Comment Period
Prior to the close of the comment period on March 29, 2010, two
commenters requested the comment period be extended for up to one
additional year because they are conducting independent research into
scientific requirements of the proposed rule and/or its economic
impact. The commenters stated that they needed this amount of time to
complete this research before they can fully comment.
Due to the fact that the proposed rule contains only one new
performance requirement that the commenters need to analyze and that
the comment period has already been extended once, the Centers for
Disease Control and Prevention (CDC) has determined that an additional
reopening of the comment period to September 30, 2010 provides
sufficient time to allow for public comment.
III. Public Meeting
NIOSH will conduct a public meeting in June or July 2010 to hear
from stakeholders on the preliminary results of their independent
research. A formal notice will be published in the Federal Register
announcing the date and location of that meeting.
Kathleen Sebelius,
Secretary, Department of Health and Human Services.
[FR Doc. 2010-9085 Filed 4-19-10; 8:45 am]
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