NIOSH published a proposed rule on the Approval Tests and Standards for Closed-Circuit Escape Respirators on December 10, 2008 and asked for comments on or before February 9, 2009 [73 FR 75027]. On March 4, 2009 NIOSH published a document announcing two public meetings and reopening the comment period for this proposed rule until April 10, 2009 [74 FR 9380]. NIOSH held the two public meetings on March 16, 2009 and March 23, 2009. Commenters at the meeting requested additional time to review data and provide additional comments regarding the proposal. After reviewing the record, NIOSH has concluded that reopening the comment period until June 19, 2009 was reasonable. This reopening of the docket was published on May 21, 2009 [74 FR 23814 ].

The Department held two public meetings on the proposed rule at the following times and locations: March 16, 2009; at the Marriott Denver Tech Center; 4900 S. Syracuse Street; Denver, CO 80237; and March 23, 2009; at the Marriott Inn and Conference Center UMUC; 3501 University Boulevard E., Adelphi, MD 20783.

The National Institute for Occupational Safety and Health (NIOSH) has proposed new requirements to test and approve closed-circuit respirators used for escaping atmospheres considered to be immediately dangerous to life and health (IDLH), including such respirators required by the Mine Safety and Health Administration (MSHA) for use in underground mines. These respirators are approved by NIOSH or NIOSH and MSHA under 42 CFR Part 84 – Approval of Respiratory Protective Devices.

This docket collects the public comments related to the Notice of Proposed Rulemaking. Information submitted to the docket will be considered in the context of developing a Final Rule to update the requirements for CCERs used by the American workforce. Information on the development of concepts that led to this Notice of Proposed Rulemaking can be found NIOSHdocket0005.html.

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