[Federal Register Volume 75, Number 75 (Tuesday, April 20, 2010)]
[Proposed Rules]
[Pages 20546-20547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9085]



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.


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, 

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: [email protected]. 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.

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 
[email protected].


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]