G/TBT/N/USA/1978  
23 March 2023  
(23-2103) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Federal Railroad Administration (FRA) [2009]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Emergency escape breathing apparatus; Occupational safety. Industrial hygiene (ICS 
code(s): 13.100); Protective eq uipment (ICS code(s): 13.340)  
5. Title, number of pages and language(s) of the notified document:  Emergency 
Escape Breathing Apparatus Standards; (33 page(s), in English)  
6. Description of content:  Supplemental notice of proposed rulemaking - FRA is prop osing 
to amend its regulations related to occupational noise exposure in three ways. First, in 
response to a Congressional mandate, FRA is proposing to expand those regulations to 
require that railroads provide an appropriate atmosphere -supplying emergency  escape 
breathing apparatus to every train crew member and certain other employees while they 
are occupying a locomotive cab of a freight train transporting a hazardous material that 
would pose an inhalation hazard in the event of release during an acciden t. Second, FRA 
is proposing to change the name of this part of its regulations from "Occupational Noise 
Exposure" to "Occupational Safety and Health in the Locomotive Cab" to reflect the 
additional subject matter of this SNPRM and to make other conforming amendments. 
Third, FRA is proposing to remove the provision stating the preemptive effect of this part 
of FRA's regulations because it is unnecessary.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of huma n health or safety  
8. Relevant documents:   
88 Federal Register (FR) 17302, 22 March 2023; Title 49 Code of Federal Regulations 
(CFR) Part 227:  
https://www.govinfo.gov/content/pkg/FR -2023-03-22/html/2023 -05074.htm  
https://www.govin fo.gov/content/pkg/FR -2023-03-22/pdf/2023 -05074.pdf  G/TBT/N/USA/1978  
 
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  This supplemental notice of proposed rulemaking is identified by Docket Number FRA -
2009-0044. The Docket Folder is available on Regulations.gov at 
https://www.regulations.gov/docket/FRA -2009-0044/document  and provides access to 
primary and supporting documents as well as comments received. Documents are also 
accessible from Regulations.gov  by searching the Docket Number. WTO Members and 
their stakeholders are asked to submit comments to the USA TBT Enquiry Point . 
Comments received by the USA TBT Enquiry Point from WTO Members and their 
stakeholders by 4pm Eastern Time  on 20 June 2023 will be shared with the regulator and 
will also be submitted to the Docket  on Regulations.gov if received within the comment 
period.  
Emergency Escape Breathing Appara tus Standards, Notice of proposed rulemaking 
published 5 October 2010:  
https://www.govinfo.gov/content/pkg/FR -2010-10-05/html/2010 -24732.htm  
https://www.govinfo.gov/content/pkg/FR -2010-10-05/pdf/2010 -24732.pdf  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  20 June 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_8404_00_e.pdf