[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Proposed Rules]
[Page 54315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24950]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
42 CFR Part 84
[Docket No. HHS-OS-2009-0019; NIOSH-0137]
RIN 0920-AA33
Total Inward Leakage Requirements for Respirators
AGENCY: Centers for Disease Control and Prevention (CDC), Department of
Health and Human Services (HHS).
ACTION: Notice of proposed rulemaking; withdrawal.
-----------------------------------------------------------------------
SUMMARY: The National Institute for Occupational Safety and Health
(NIOSH), Centers for Disease Control and Prevention (CDC), located
within the Department of Health and Human Services (HHS) announces the
withdrawal of its 2009 notice of proposed rulemaking (NPRM). The 2009
NPRM proposed to establish total inward leakage requirements for half-
mask, air-purifying particulate respirators approved by NIOSH.
DATES: As of November 17, 2017, the proposed rule published on October
30, 2009, at 74 FR 56141, is withdrawn.
FOR FURTHER INFORMATION CONTACT: Rachel Weiss, Office of the Director,
National Institute for Occupational Safety and Health, 1090 Tusculum
Avenue, MS-C46, Cincinnati, OH 45226. Telephone: (855) 818-1629 (this
is a toll-free number); email: [email protected].
SUPPLEMENTARY INFORMATION: On October 30, 2009, HHS published an NPRM
(74 FR 56141) that proposed to establish total inward leakage
requirements for half-mask, air-purifying particulate respirators
approved by NIOSH under regulations found in 42 CFR part 84. The NPRM
included a 60-day comment period closing on December 29, 2009, which
was eventually extended to September 30, 2010 (April 20, 2010, 75 FR
20546).
In response to the proposed rule, HHS received comments from five
respirator manufacturers, one manufacturer of laboratory test
equipment, two labor unions, one trade organization, one state's
departments of public health and occupational safety and health, three
consulting firms, and three private individuals in the field of
respiratory protection. Stakeholders presented evidence that the
approval decision outcomes could vary significantly between human
subject panels that would be constituted according to the proposed test
protocol, and expressed concern that the proposed approval requirements
would not improve the performance of NIOSH-approved respirators on the
market and might eliminate good-performing respirators from the market.
Stakeholders also expressed concern that the cost of conducting inward
leakage testing using the protocol proposed by NIOSH would be
prohibitive and that costs would likely outweigh benefits.
As a result of the stakeholder input submitted to the docket and
during public meetings, NIOSH decided instead to pursue improved inward
leakage performance of this class of respirators through participation
in national and international consensus standard development efforts,
rather than rulemaking. Thus, HHS finds that the public interest is
best served by withdrawing the 2009 total inward leakage NPRM. The
withdrawal of the 2009 total inward leakage NPRM does not preclude HHS
from initiating future rulemaking concerning total inward leakage
requirements for half-mask, air-purifying particulate respirators.
The NPRM published on October 30, 2009 (74 FR 56141) is hereby
withdrawn.
Dated: November 13, 2017.
Eric D. Hargan,
Acting Secretary, Department of Health and Human Services.
[FR Doc. 2017-24950 Filed 11-16-17; 8:45 am]
BILLING CODE 4163-18-P