Closed-Circuit Escape Respirators; Final Guidance for Industry; Availability, 18002-18004 [2017-07587]
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18002
Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Notices
TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS—Continued
Number of
respondents
Form name
Number of
responses per
respondent *
Total
responses
Average
burden per
response
(in hours)
Total burden
hours
Heart Recipient Registration ................................................
Heart Follow-Up (6 Months) ................................................
Heart Follow-Up (1–5 Years) ...............................................
Heart Follow-Up (Post 5 Years) ..........................................
Heart Post-Transplant Malignancy ......................................
Lung Candidate Registration ...............................................
Lung Recipient Registration .................................................
Lung Follow-Up (6 Months) .................................................
Lung Follow-Up (1–5 Years) ................................................
Lung Follow-Up (Post 5 Years) ...........................................
Lung Post-Transplant Malignancy .......................................
Heart/Lung Candidate Registration .....................................
Heart/Lung Recipient Registration .......................................
Heart/Lung Follow-Up (6 Months) .......................................
Heart/Lung Follow-Up (1–5 Years) ......................................
Heart/Lung Follow-Up (Post 5 Years) .................................
Heart/Lung Post-Transplant Malignancy .............................
Liver Candidate Registration ...............................................
Liver Recipient Registration .................................................
Liver Follow-Up (6 Months–5 Years) ...................................
Liver Follow-Up (Post 5 Years) ...........................................
Liver Recipient Explant Pathology .......................................
Liver Post-Transplant Malignancy .......................................
Intestine Candidate Registration ..........................................
Intestine Recipient Registration ...........................................
Intestine Follow-Up (6 Months–5 Years) .............................
Intestine Follow-Up (Post 5 Years) ......................................
Intestine Post-Transplant Malignancy ..................................
Kidney Candidate Registration ............................................
Kidney Recipient Registration ..............................................
Kidney Follow-Up (6 Months–5 Years) ................................
Kidney Follow-Up (Post 5 Years) ........................................
Kidney Post-Transplant Malignancy ....................................
Pancreas Candidate Registration ........................................
Pancreas Recipient Registration .........................................
Pancreas Follow-Up (6 Months–5 Years) ...........................
Pancreas Follow-Up (Post 5 Years) ....................................
Pancreas Post-Transplant Malignancy ................................
Kidney/Pancreas Candidate Registration ............................
Kidney/Pancreas Recipient Registration .............................
Kidney/Pancreas Follow-Up (6 Months–5 Years) ...............
Kidney/Pancreas Follow-Up (Post 5 Years) ........................
Kidney/Pancreas Post-Transplant Malignancy Form ..........
VCA Candidate Registration ................................................
VCA Recipient Registration .................................................
VCA Recipient Follow-Up ....................................................
137
137
137
137
137
70
70
70
70
70
70
68
68
68
68
68
68
140
140
140
140
140
140
40
40
40
40
40
238
238
238
238
238
133
133
133
133
133
133
133
133
133
133
28
28
28
20.5
16.5
77.3
117.4
11.8
37.0
29.4
25.8
99.1
70.0
15.8
0.7
0.2
0.2
1.4
2.9
0.3
85.9
50.9
235.6
279.3
12.9
14.2
5.0
3.5
13.3
16.4
0.6
151.6
75.2
383.3
375.9
22.4
2.9
1.8
9.4
14.7
0.9
9.5
5.4
32.0
51.7
2.1
1.8
1.8
1.8
2.805
2,261
10,595
16,085
1,623
2,592
2,058
1,809
6,939
4,898
1,106
46
14
13
94
199
21
12,026
7,125
32,985
39,108
1,812
1,985
200
141
530
655
24
36,076
17,899
91,234
89,453
5,327
389
233
1,252
1,953
120
1,265
718
4,262
6,876
283
49
49
49
1.2
0.4
0.9
0.5
0.9
0.9
1.2
0.5
1.1
0.6
0.4
1.1
1.3
0.8
1.1
0.6
0.4
0.8
1.2
1
0.5
0.6
0.8
1.3
1.8
1.5
0.4
1
0.8
1.2
0.9
0.5
0.8
0.6
1.2
0.5
0.5
0.6
0.6
1.2
0.5
0.6
0.4
0.4
1.3
1
3,366.0
904.4
9,535.5
8,042.5
1,460.7
2,332.8
2,469.6
904.5
7,632.9
2,938.8
442.4
50.6
18.2
10.4
103.4
119.4
8.4
9,620.8
8,550.0
32,985.0
19,554.0
1,087.2
1,588.0
260.0
253.8
795.0
262.0
24.0
28,860.8
21,478.8
82,110.6
44,726.5
4,261.6
233.4
279.6
626.0
976.5
72.0
759.0
861.6
2,131.0
4,125.6
113.2
19.6
63.7
49.0
Total ..............................................................................
** 463
........................
488,980
........................
370,274.9
* The Number of Responses per Respondent was calculated by dividing the Total Responses by the Number of Respondents and rounding to
the nearest tenth.
** Total number of OPTN member institutions as of April 6, 2017. Number of respondents for transplant candidate or recipient forms based on
the organ-specific programs associated with each form.
Amy McNulty,
Deputy Director, Division of the Executive
Secretariat.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[FR Doc. 2017–07526 Filed 4–13–17; 8:45 am]
[Docket Number CDC–2016–0121; NIOSH–
285]
sradovich on DSK3GMQ082PROD with NOTICES
BILLING CODE 4165–15–P
Closed-Circuit Escape Respirators;
Final Guidance for Industry;
Availability
Centers for Disease Control and
Prevention, HHS.
ACTION: Notice of availability.
AGENCY:
VerDate Sep<11>2014
16:21 Apr 13, 2017
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On December 28, 2016, the
National Institute for Occupational
Safety and Health (NIOSH), within the
Centers for Disease Control and
Prevention, Department of Health and
Human Services, published a notice in
the Federal Register announcing the
availability of an interim guidance
document addressing the availability of
closed-circuit escape respirators
(CCERs) for purchase, and the readiness
of respirator manufacturers to comply
with the regulatory provisions
SUMMARY:
E:\FR\FM\14APN1.SGM
14APN1
sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Notices
addressing these respirators. After
consideration of public comments,
NIOSH has revised the guidance and
now announces that NIOSH does not
intend to revoke any certificate of
approval for any escape respirator
approved for use in mining in
accordance with NIOSH regulations,
that are manufactured, labeled, or sold
prior to June 1, 2019, provided that
th.ere is no cause for revocation under
existing NIOSH regulation.
DATES: The final guidance announced in
this Federal Register notice is effective
on April 14, 2017.
FOR FURTHER INFORMATION CONTACT:
Maryann D’Alessandro, NIOSH National
Personal Protective Technology
Laboratory, 626 Cochrans Mill Road,
Pittsburgh, PA 15236; 1–888–654–2294
(this is a toll-free phone number);
PPEconcerns@cdc.gov.
SUPPLEMENTARY INFORMATION: The final
guidance announced in this notice
addresses the availability of closedcircuit escape respirators (CCERs) for
purchase and the readiness of respirator
manufacturers to comply with the
provisions in Part 84, Subpart O, of Title
42 of the Code of Federal Regulations
(CFR). Pursuant to a Federal Register
notice published on February 10, 2016,
beginning on January 4, 2017,
manufacturers were no longer
authorized to manufacture, label, and
sell 1-hour escape respirators, known in
the mining community as self-contained
self-rescuers (SCSRs), approved in
accordance with the certification testing
standards in Part 84, Subpart H.1
Beginning on May 14, 2016,
manufacturers were no longer
authorized to manufacture, label, or sell
10-minute escape respirators for use in
mining approved pursuant to Subpart
H.2
In an interim guidance document
published on December 28, 2016,3
NIOSH announced its intention not to
revoke any certificate of approval for 1hour escape respirators approved in
accordance with 42 CFR part 84,
Subpart H, that are manufactured,
labeled, or sold prior to January 4, 2018,
provided that there is no cause for
revocation under 42 CFR 84.34 or
84.43(c). Upon consideration of public
comments submitted to the docket for
this action, NIOSH has reconsidered the
scope of the guidance as well as the
1 81
FR 7121.
NIOSH final rule, Closed-Circuit Escape
Respirators; Extension of Transition Period, 80 FR
48268 (August 12, 2015).
3 The December 2016 guidance was announced in
a Federal Register notice published on December
28, 2016 (81 FR 95623).
2 See
VerDate Sep<11>2014
16:21 Apr 13, 2017
Jkt 241001
18003
compliance deadline.4 The final
guidance is summarized below. The full
final guidance, entitled ‘‘Closed-Circuit
Escape Respirators Approved for Use in
Mining, 42 CFR part 84, Subpart O
Compliance; Guidance for Industry;
Final’’ is available on the NIOSH
National Personal Protective
Technology Web site at www.cdc.gov/
niosh/npptl.
Standards for the approval of CCERs
were updated in a final rule published
March 8, 2012, in which HHS codified
the new Subpart O and removed only
those technical requirements in 42 CFR
part 84, Subpart H that were uniquely
applicable to CCERs.5 All other
applicable requirements of 42 CFR part
84 were unchanged. The purpose of
these updated requirements is to enable
NIOSH and the Mine Safety and Health
Administration (MSHA), which coapproves respirators used in
underground coal mining, respirator
manufacturers, and ultimately,
respirator users, to more effectively
ensure the performance, reliability, and
safety of CCERs used in all workplace
applications.6 The March 2012 final rule
established a sunset provision for the
Subpart H standards on April 9, 2015,
three years after the final rule’s effective
date; the three-year period was intended
to provide sufficient time for
manufacturers to obtain certificates of
approval for CCER designs developed
under the Subpart O standards. Since
April 10, 2012, no new applications for
approval of Subpart H SCSRs have been
accepted.
However, manufacturers did not
develop small capacity CCERs approved
for use in mining or large capacity
CCERs approved for use in non-mining
and mining in time to meet the April
2015 transition deadline and, as a result,
NIOSH ultimately extended the
deadline to one year after the date that
the first approval was granted to those
CCER models.7 Under this deadline
extension formula, manufacturers were
authorized to continue the
manufacturing, labeling, and sale of 10minute Subpart H escape respirators
approved for use in mining until May
13, 2016 and 1-hour Subpart H escape
respirators for use in mining until
January 4, 2017.
The deadline extensions have
contributed to the availability of new
escape respirator designs which
conform to the Subpart O requirements,
and have addressed the needs of certain
broad segments of the market for such
devices; 8 however, MSHA has recently
expressed concern that a market gap is
imminent in the underground coal
mining industry.9 Further
communications with stakeholders,
including the underground coal mine
industry and respirator manufacturers,
some of whom submitted comments to
the docket for this action, have
indicated that the supply of Subpart O
CCERs approved for use in mining are
insufficient to meet the current needs of
the mining industry.
In order to allow mine operators
access to all of the tools necessary to
protect miners, to give respirator
manufacturers time to develop a
solution to the mine industry’s desire
for person-wearable Subpart O CCERs,
and to ensure a smooth transition from
the Subpart H to Subpart O approval
standards, NIOSH does not intend to
revoke any certificate of approval for
escape respirators approved for use in
mining in accordance with 42 CFR part
84, Subpart H, that are manufactured,
labeled, or sold prior to June 1, 2019,
provided that there is no cause for
revocation under 42 CFR 84.34 or
84.43(c), including misuse of approval
labels and markings, misleading
advertising, and failure to maintain or
cause to be maintained the applicable
quality control requirements.
The final guidance, available on the
NIOSH National Personal Protective
Technology Web site, does not create
any new deadlines or waive any existing
deadlines. The final guidance is not an
interpretation of 42 CFR 84.301(a), it is
a policy statement regarding NIOSH’s
intent to not revoke, except for cause,
any certificate of approval for escape
respirators approved for use in mining
in accordance with 42 CFR part 84,
4 One public commenter asked that we extend the
comment period for this action. Although we are
closing the comment period for this final guidance,
we are considering additional steps, such as a
public meeting, to continue a dialog with
stakeholders concerning the implementation of the
CCER standards in 42 CFR part 84, Subpart O.
5 77 FR 14168.
6 See 77 FR 14168 at 14169–14182 to read the
background for this rulemaking; additional
background materials as well as public comments
are available in NIOSH Docket 005.
7 80 FR 4801 (January 29, 2015).
8 The maritime market, which includes the U.S.
Navy, have been quick adopters of newly-approved
small capacity (Cap 1) CCERs (often referred to in
that market as emergency escape breathing devices
or EEBDs). Cap 1 CCERs which were available to
replace Subpart H, 10-minute approved apparatus
are being deployed in that market segment in great
numbers.
9 Joe Main, Assistant Secretary of Labor, MSHA,
letter to John Howard, Director, NIOSH, December
14, 2016. This letter is available in the docket for
this guidance and corresponding Federal Register
notice.
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18004
Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Notices
Subpart H, that are manufactured,
labeled, or sold prior to June 1, 2019.
Notice of accreditation of King
Laboratories, Inc., as a commercial
laboratory.
ACTION:
Thomas E. Price,
Secretary, Department of Health and Human
Services.
Notice is hereby given,
pursuant to CBP regulations, that King
Laboratories, Inc., has been accredited
to test petroleum and certain petroleum
products for customs purposes as of
February 15, 2017.
DATES: Effective: The accreditation of
King Laboratories, Inc., as commercial
laboratory became effective on February
15, 2017. The next triennial inspection
date will be scheduled for September
2018.
SUMMARY:
[FR Doc. 2017–07587 Filed 4–13–17; 8:45 am]
BILLING CODE 4163–19–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Accreditation of King Laboratories,
Inc., as a Commercial Laboratory
FOR FURTHER INFORMATION CONTACT:
Approved Gauger and Accredited
Laboratories Manager, Laboratories and
Scientific Services Directorate, U.S.
U.S. Customs and Border
Protection, Department of Homeland
Security.
AGENCY:
CBPL No.
ASTM
ASTM D7153
Title
Standard Test Method for Freezing Point of Aviation Fuels (Automatic Laser Method).
Anyone wishing to employ this entity
to conduct laboratory analyses and
gauger services should request and
receive written assurances from the
entity that it is accredited or approved
by the U.S. Customs and Border
Protection to conduct the specific test or
gauger service requested. Alternatively,
inquiries regarding the specific test or
gauger service this entity is accredited
or approved to perform may be directed
to the U.S. Customs and Border
Protection by calling (202) 344–1060.
The inquiry may also be sent to
CBPGaugersLabs@cbp.dhs.gov. Please
reference the Web site listed below for
a complete listing of CBP approved
gaugers and accredited laboratories.
https://www.cbp.gov/about/labsscientific/commercial-gaugers-andlaboratories.
Dated: April 7, 2017.
Ira S. Reese,
Executive Director, Laboratories and
Scientific Services Directorate.
[FR Doc. 2017–07559 Filed 4–13–17; 8:45 am]
sradovich on DSK3GMQ082PROD with NOTICES
BILLING CODE 9111–14–P
VerDate Sep<11>2014
16:21 Apr 13, 2017
Jkt 241001
Customs and Border Protection, 1300
Pennsylvania Avenue NW., Suite
1500N, Washington, DC 20229, tel. 202–
344–1060.
SUPPLEMENTARY INFORMATION: Notice is
hereby given pursuant to 19 CFR 151.12,
that King Laboratories, Inc., 1300 E.
223rd St., #401, Carson, CA 90745, has
been accredited to test petroleum and
certain petroleum products for customs
purposes, in accordance with the
provisions of 19 CFR 151.12.
King Laboratories, Inc., is accredited
for the following laboratory analysis
procedures and methods for petroleum
and certain petroleum products set forth
by the U.S. Customs and Border
Protection Laboratory Methods (CBPL)
and American Society for Testing and
Materials (ASTM):
DEPARTMENT OF HOMELAND
SECURITY
U.S. Immigration and Customs
Enforcement
Agency Information Collection
Activities: Extension, Without Change,
of an Existing Information Collection;
Comment Request; OMB Control No.
1653–0051
U.S. Immigration and Customs
Enforcement, Department of Homeland
Security.
ACTION: 30-Day Notice of Information
collection for review; Standards to
Prevent, Detect, and Respond to Sexual
Abuse and Assault in Confinement
Facilities; OMB Control No. 1653–0051.
AGENCY:
The Department of Homeland
Security, U.S. Immigration and Customs
Enforcement (USICE) is submitting the
following information collection request
for review and clearance in accordance
with the Paperwork Reduction Act of
1995. The information collection is
published in the Federal Register to
obtain comments from the public and
affected agencies. This information
collection was previously published in
the Federal Register on February 8,
2017, Vol. 82 No. 9752 allowing for a 60
day comment period. No comments
were received on this information
collection. The purpose of this notice is
to allow an additional 30 days for public
comments.
Written comments and suggestions
regarding items contained in this notice
and especially with regard to the
estimated public burden and associated
PO 00000
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Fmt 4703
Sfmt 4703
response time should be directed to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget. Comments should be addressed
to the OMB Desk Officer for U.S.
Immigration and Customs Enforcement,
Department of Homeland Security, and
sent via electronic mail to oira_
submission@omb.eop.gov or faxed to
(202) 395–5806.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information should address one or more
of the following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agencies estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
E:\FR\FM\14APN1.SGM
14APN1
]]>Agencies
[Federal Register Volume 82, Number 71 (Friday, April 14, 2017)]
[Notices]
[Pages 18002-18004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07587]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
[Docket Number CDC-2016-0121; NIOSH-285]
Closed-Circuit Escape Respirators; Final Guidance for Industry;
Availability
AGENCY: Centers for Disease Control and Prevention, HHS.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: On December 28, 2016, the National Institute for Occupational
Safety and Health (NIOSH), within the Centers for Disease Control and
Prevention, Department of Health and Human Services, published a notice
in the Federal Register announcing the availability of an interim
guidance document addressing the availability of closed-circuit escape
respirators (CCERs) for purchase, and the readiness of respirator
manufacturers to comply with the regulatory provisions
[[Page 18003]]
addressing these respirators. After consideration of public comments,
NIOSH has revised the guidance and now announces that NIOSH does not
intend to revoke any certificate of approval for any escape respirator
approved for use in mining in accordance with NIOSH regulations, that
are manufactured, labeled, or sold prior to June 1, 2019, provided that
th.ere is no cause for revocation under existing NIOSH regulation.
DATES: The final guidance announced in this Federal Register notice is
effective on April 14, 2017.
FOR FURTHER INFORMATION CONTACT: Maryann D'Alessandro, NIOSH National
Personal Protective Technology Laboratory, 626 Cochrans Mill Road,
Pittsburgh, PA 15236; 1-888-654-2294 (this is a toll-free phone
number); PPEconcerns@cdc.gov.
SUPPLEMENTARY INFORMATION: The final guidance announced in this notice
addresses the availability of closed-circuit escape respirators (CCERs)
for purchase and the readiness of respirator manufacturers to comply
with the provisions in Part 84, Subpart O, of Title 42 of the Code of
Federal Regulations (CFR). Pursuant to a Federal Register notice
published on February 10, 2016, beginning on January 4, 2017,
manufacturers were no longer authorized to manufacture, label, and sell
1-hour escape respirators, known in the mining community as self-
contained self-rescuers (SCSRs), approved in accordance with the
certification testing standards in Part 84, Subpart H.\1\ Beginning on
May 14, 2016, manufacturers were no longer authorized to manufacture,
label, or sell 10-minute escape respirators for use in mining approved
pursuant to Subpart H.\2\
---------------------------------------------------------------------------
\1\ 81 FR 7121.
\2\ See NIOSH final rule, Closed-Circuit Escape Respirators;
Extension of Transition Period, 80 FR 48268 (August 12, 2015).
---------------------------------------------------------------------------
In an interim guidance document published on December 28, 2016,\3\
NIOSH announced its intention not to revoke any certificate of approval
for 1-hour escape respirators approved in accordance with 42 CFR part
84, Subpart H, that are manufactured, labeled, or sold prior to January
4, 2018, provided that there is no cause for revocation under 42 CFR
84.34 or 84.43(c). Upon consideration of public comments submitted to
the docket for this action, NIOSH has reconsidered the scope of the
guidance as well as the compliance deadline.\4\ The final guidance is
summarized below. The full final guidance, entitled ``Closed-Circuit
Escape Respirators Approved for Use in Mining, 42 CFR part 84, Subpart
O Compliance; Guidance for Industry; Final'' is available on the NIOSH
National Personal Protective Technology Web site at www.cdc.gov/niosh/npptl.
---------------------------------------------------------------------------
\3\ The December 2016 guidance was announced in a Federal
Register notice published on December 28, 2016 (81 FR 95623).
\4\ One public commenter asked that we extend the comment period
for this action. Although we are closing the comment period for this
final guidance, we are considering additional steps, such as a
public meeting, to continue a dialog with stakeholders concerning
the implementation of the CCER standards in 42 CFR part 84, Subpart
O.
---------------------------------------------------------------------------
Standards for the approval of CCERs were updated in a final rule
published March 8, 2012, in which HHS codified the new Subpart O and
removed only those technical requirements in 42 CFR part 84, Subpart H
that were uniquely applicable to CCERs.\5\ All other applicable
requirements of 42 CFR part 84 were unchanged. The purpose of these
updated requirements is to enable NIOSH and the Mine Safety and Health
Administration (MSHA), which co-approves respirators used in
underground coal mining, respirator manufacturers, and ultimately,
respirator users, to more effectively ensure the performance,
reliability, and safety of CCERs used in all workplace applications.\6\
The March 2012 final rule established a sunset provision for the
Subpart H standards on April 9, 2015, three years after the final
rule's effective date; the three-year period was intended to provide
sufficient time for manufacturers to obtain certificates of approval
for CCER designs developed under the Subpart O standards. Since April
10, 2012, no new applications for approval of Subpart H SCSRs have been
accepted.
---------------------------------------------------------------------------
\5\ 77 FR 14168.
\6\ See 77 FR 14168 at 14169-14182 to read the background for
this rulemaking; additional background materials as well as public
comments are available in NIOSH Docket 005.
---------------------------------------------------------------------------
However, manufacturers did not develop small capacity CCERs
approved for use in mining or large capacity CCERs approved for use in
non-mining and mining in time to meet the April 2015 transition
deadline and, as a result, NIOSH ultimately extended the deadline to
one year after the date that the first approval was granted to those
CCER models.\7\ Under this deadline extension formula, manufacturers
were authorized to continue the manufacturing, labeling, and sale of
10-minute Subpart H escape respirators approved for use in mining until
May 13, 2016 and 1-hour Subpart H escape respirators for use in mining
until January 4, 2017.
---------------------------------------------------------------------------
\7\ 80 FR 4801 (January 29, 2015).
---------------------------------------------------------------------------
The deadline extensions have contributed to the availability of new
escape respirator designs which conform to the Subpart O requirements,
and have addressed the needs of certain broad segments of the market
for such devices; \8\ however, MSHA has recently expressed concern that
a market gap is imminent in the underground coal mining industry.\9\
Further communications with stakeholders, including the underground
coal mine industry and respirator manufacturers, some of whom submitted
comments to the docket for this action, have indicated that the supply
of Subpart O CCERs approved for use in mining are insufficient to meet
the current needs of the mining industry.
---------------------------------------------------------------------------
\8\ The maritime market, which includes the U.S. Navy, have been
quick adopters of newly-approved small capacity (Cap 1) CCERs (often
referred to in that market as emergency escape breathing devices or
EEBDs). Cap 1 CCERs which were available to replace Subpart H, 10-
minute approved apparatus are being deployed in that market segment
in great numbers.
\9\ Joe Main, Assistant Secretary of Labor, MSHA, letter to John
Howard, Director, NIOSH, December 14, 2016. This letter is available
in the docket for this guidance and corresponding Federal Register
notice.
---------------------------------------------------------------------------
In order to allow mine operators access to all of the tools
necessary to protect miners, to give respirator manufacturers time to
develop a solution to the mine industry's desire for person-wearable
Subpart O CCERs, and to ensure a smooth transition from the Subpart H
to Subpart O approval standards, NIOSH does not intend to revoke any
certificate of approval for escape respirators approved for use in
mining in accordance with 42 CFR part 84, Subpart H, that are
manufactured, labeled, or sold prior to June 1, 2019, provided that
there is no cause for revocation under 42 CFR 84.34 or 84.43(c),
including misuse of approval labels and markings, misleading
advertising, and failure to maintain or cause to be maintained the
applicable quality control requirements.
The final guidance, available on the NIOSH National Personal
Protective Technology Web site, does not create any new deadlines or
waive any existing deadlines. The final guidance is not an
interpretation of 42 CFR 84.301(a), it is a policy statement regarding
NIOSH's intent to not revoke, except for cause, any certificate of
approval for escape respirators approved for use in mining in
accordance with 42 CFR part 84,
[[Page 18004]]
Subpart H, that are manufactured, labeled, or sold prior to June 1,
2019.
Thomas E. Price,
Secretary, Department of Health and Human Services.
[FR Doc. 2017-07587 Filed 4-13-17; 8:45 am]
BILLING CODE 4163-19-P
