[Federal Register Volume 74, Number 241 (Thursday, December 17, 2009)]
[Proposed Rules]
[Page 66935]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29959]


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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; extension of comment period.

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SUMMARY: The Centers for Disease Control and Prevention (CDC) is 
extending to March 29, 2010, 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 Friday, October 
30, 2009 (74 FR 56141). In the notice of proposed rulemaking, CDC 
requested comments by December 29, 2009. The Agency is taking this 
action in response to requests for an extension to allow interested 
parties additional time to submit comments.

DATES: Comments: The public comment period is extended by 90 days, from 
December 29, 2009, as established in the proposed rule of October 30, 
2009 (74 FR 56141). All written comments must be received on or before 
March 29, 2010.

ADDRESSES: You may submit comments, identified by RIN: 0920-AA33, by 
any of the following methods:
     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 Regulation Identifier 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: The Department of Health and Human Services 
published a proposed rule entitled ``Total Inward Leakage Requirements 
for Respirators,'' on Friday, October 30, 2009 (74 FR 56141). A public 
meeting was held on December 3, 2009.
    The proposed rule would 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), severe 
acute respiratory syndrome (SARS) coronavirus, and Mycobacterium 
tuberculosis).
    CDC received a written request to extend the comment period for 90 
days beyond the December 3, 2009 public meeting on this proposed rule. 
CDC also received notice during presentations at the December 3, 2009 
public meeting that two stakeholders intend to submit written requests 
for 90-day extensions from the original December 29 deadline. One of 
these stakeholders indicated that additional time is necessary in order 
to conduct laboratory research and collect and analyze data on the 
potential impact of the proposed rule. CDC has considered the requests 
and is extending the comment period for an additional 90 days past the 
original deadline of December 29, 2009, such that all written comments 
must now be received on or before March 29, 2010. The proposed rule 
contains only one performance requirement and uses criteria and a test 
method which are already required by the Occupational Safety and Health 
Administration (OSHA) for the use of this type of respirator. This 
extended deadline will have provided commenters with a full 90 days for 
comment on the proposed rule while preserving the Agency's ability to 
make timely progress on this occupational health priority.

    Dated: December 10, 2009.
Kathleen Sebelius,
Secretary.
[FR Doc. E9-29959 Filed 12-16-09; 8:45 am]
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