16408 Federal Register / Vol. 84, No. 76 / Friday, April 19, 2019 / Rules and Regulations 
ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 271 
[EPA–R04–RCRA–2018–0529; FRL–9992– 
49–Region 4] 
Alabama: Final Authorization of State 
Hazardous Waste Management Program Revisions 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Final authorization. 
SUMMARY : The Environmental Protection 
Agency (EPA) is granting Alabama final authorization for changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The Agency published a proposed rule on December 10, 2018 and provided for public comment. The Agency received three comments in support of authorizing the Alabama program changes. These comments can be reviewed in the docket for this action under Docket ID No. EPA–R04–RCRA– 2018–0529. No further opportunity for comment will be provided. 
DATES : This final authorization is 
effective April 19, 2019. 
ADDRESSES : The EPA has established a 
docket for this action under Docket ID No. EPA–R04–RCRA–2018–0529. All documents in the docket are listed on the http://www.regulations.gov website. 
Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through http://www.regulations.gov. 
FOR FURTHER INFORMATION CONTACT : 
Audrey E. Baker, Materials and Waste Management Branch, RCR Division, U.S. Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960; telephone number: (404) 562–8562; fax number: (404) 562–9964; email address: baker.audrey@epa.gov. 
SUPPLEMENTARY INFORMATION : 
A. What changes to Alabama’s hazardous waste program is EPA authorizing with this action? 
Alabama submitted final complete 
program revision applications, dated November 2, 2016 and May 11, 2018, seeking authorization of changes to its hazardous waste program in accordance with 40 CFR 271.21. EPA now makes a final decision that Alabama’s hazardous waste program revisions that are being authorized are equivalent to, consistent with, and no less stringent than the Federal program, and therefore satisfy 
all of the requirements necessary to qualify for final authorization. For a list of State rules being authorized with this Final Authorization, please see the proposed rule published in the December 10, 2018 Federal Register at 83 FR 63461. 
B. What is codification and is EPA 
codifying Alabama’s hazardous waste program as authorized in this rule? 
Codification is the process of placing 
citations and references to the State’s statutes and regulations that comprise the State’s authorized hazardous waste program into the Code of Federal Regulations. EPA does this by adding those citations and references to the authorized State rules in 40 CFR part 272. EPA is not codifying the authorization of Alabama’s revisions at this time. However, EPA reserves the ability to amend 40 CFR part 272, 
subpart B for the authorization of Alabama’s program changes at a later date. 
C. Statutory and Executive Order 
Reviews 
This final authorization revises 
Alabama’s authorized hazardous waste management program pursuant to Section 3006 of RCRA and imposes no requirements other than those currently imposed by State law. For further information on how this authorization complies with applicable executive orders and statutory provisions, please see the Proposed Rule published in the December 10, 2018 Federal Register at 83 FR 63461. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this document and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This final action will be effective April 19, 2019. 
List of Subjects in 40 CFR Part 271 
Environmental protection, 
Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste transportation, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. 
Authority: This action is issued under the 
authority of sections 2002(a), 3006, and 
7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C. 6912(a), 6926, and 6974(b). 
Dated: March 30, 2019. 
Mary S. Walker, 
Acting Regional Administrator, Region 4. 
[FR Doc. 2019–07922 Filed 4–18–19; 8:45 am] 
BILLING CODE 6560–50–P 
DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 
42 CFR Part 84 
[Docket No. CDC–2018–0003; NIOSH–309] 
RIN 0920–AA66 
[Docket No. CDC–2018–0068; NIOSH–318] RIN 0920–AA67 
Removal of Compliance Deadline for 
Closed-Circuit Escape Respirators and Clarification of Post-Approval Testing Standards for Closed-Circuit Escape Respirators 
AGENCY : Centers for Disease Control and 
Prevention, HHS. 
ACTION : Final rule. 
SUMMARY : With this deregulatory action, 
the Department of Health and Human Services (HHS) revises regulatory language to remove a deadline by which respirator manufacturers must discontinue the manufacturing, labeling, and sale of certain self-contained self- rescuer models. The National Institute for Occupational Safety and Health (NIOSH) within the Centers for Disease Control and Prevention, HHS, has determined that discontinuing the manufacturing, labeling, and sale of certain self-contained self-rescuer models is likely to result in a shortage of person-wearable large capacity escape respirators for underground coal miners who rely on these devices. In addition to removing the compliance deadline, HHS is also modifying regulatory language to clarify that post-approval testing of closed-circuit escape respirators may exclude human subject testing and environmental conditioning, at the discretion of NIOSH. 
DATES : This final rule is effective on 
May 20, 2019. 
FOR FURTHER INFORMATION CONTACT : 
Rachel Weiss, Office of the Director, NIOSH; 1090 Tusculum Avenue, MS:C– 48, Cincinnati, OH 45226; telephone 
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1Notice of proposed rulemaking: Removal of 
Compliance Deadline for Closed-Circuit Escape 
Respirators, 83 FR 53835 (October 25, 2018). See 
Docket No. CDC–2018–0068; NIOSH–318 to read public comments. 
2Notice of proposed rulemaking: Clarification of 
Post-Approval Testing Standards for Closed-Circuit Escape Respirators; Technical Amendments, 83 FR 12527 (March 22, 2018). 3Notice of availability, Closed-Circuit Escape 
Respirators; Final Guidance for Industry; Availability, 82 FR 18002 (April 14, 2017). (855) 818–1629 (this is a toll-free 
number); email NIOSHregs@cdc.gov. 
SUPPLEMENTARY INFORMATION : 
I. Public Participation 
Interested persons or organizations 
were invited to participate in this rulemaking by submitting written views, recommendations, and data. Substantive comments supportive of this action were submitted by three interested parties to the rulemaking docket for the closed-circuit escape respirator (CCER) compliance deadline notice of proposed rulemaking (NPRM), RIN 0920–AA67.
1 
Commenters included a mining industry trade association, a mining company, and a respirator manufacturer. No comments were received on the post- approval testing standards NPRM, RIN 0920–AA66.
2The public comments are 
described in section IV, below. 
II. Statutory Authority 
Pursuant to the Occupational Safety 
and Health (OSH) Act of 1970 (Pub. L. 
91–596), the Organic Act of 1910 (Pub. L. 179), and the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 842(h), 844, 957; Pub. L. 91–173), NIOSH is authorized to approve respiratory equipment used in mines and other workplaces for the protection of employees potentially exposed to hazardous breathing atmospheres. The Department of Labor’s Mine Safety and Health Administration (MSHA) requires U.S. coal mine operators to supply NIOSH-approved respirators to miners whenever the use of respirators is required. 
III. Background 
As discussed in the October 2018 
NPRM, NIOSH uses the terms ‘‘self- 
contained self-rescuer’’ (SCSR) and ‘‘closed-circuit escape respirator’’ (CCER) to distinguish closed-circuit devices approved under 42 CFR part 84, subpart H from those approved under subpart O, respectively. The SCSRs approved under subpart H and CCERs approved under subpart O reflect two generations of the same respirator type used in certain industrial and other work settings during emergencies to enable users to escape from atmospheres that can be immediately dangerous to life and health. SCSRs and CCERs are used by miners and other workers to escape dangerous atmospheres. 
Since the publication of an April 2017 
guidance document in which NIOSH announced its intent not to revoke any certificate of approval for subpart H 1-hour SCSRs manufactured, labeled, or sold prior to June 1, 2019,
3no new 
CCER approvals have been issued by the NIOSH National Personal Protective Technology Laboratory. Accordingly, NIOSH determined that removing further restrictions on manufacturers’ abilities to manufacture, label, or sell subpart H SCSRs is necessary for the safety of underground coal miners who rely on these devices. HHS published an NPRM in October 2018 to propose revising 42 CFR part 84 to allow the continued manufacturing, labeling, and sale of subpart H SCSRs with current certificates of approval, indefinitely. The need for this rulemaking is discussed in greater detail in the NPRM, available in the docket for this action. 
HHS also published a March 2018 
NPRM to propose the clarification of regulatory text that failed to specify that neither the human subject trials described in 42 CFR 84.303–84.305, nor the environmental conditioning described in § 84.305, would be conducted on post-market respirators (through the NIOSH National Personal Protective Technology Laboratory’s Long-Term Field Evaluation program) except at NIOSH’s discretion. 
IV. Summary of Public Comments and 
HHS Response 
Three comments were received on the 
CCER compliance deadline NPRM. All three commenters support the HHS proposal to revise the regulatory language in §§ 84.70 and 84.301 to allow the indefinite manufacturing, labeling, and sale of approved subpart H SCSRs. 
One of the commenters expressed 
concern about whether subpart H SCSRs were available in sufficient quantity to replenish the portion of the inventory that reached the end of its service life in 2017 and 2018. The commenter asked that NIOSH coordinate with MSHA to determine whether a sufficient number of SCSRs will be produced to replace retiring units. 
Throughout the history of this action, 
at no time was the manufacturing, labeling, or sale of 1-hour SCSRs for mining prohibited by the changing compliance deadline. HHS is not aware that either SCSR manufacturer stopped production because of the compliance deadline extensions, and neither company has indicated to NIOSH that it 
was unable to fill orders to replace out- of-date units. NIOSH has and will continue to work closely with respirator manufacturers and other industry stakeholders to ensure the uninterrupted supply of NIOSH- approved escape respirators. 
V. Summary of Final Rule 
For the reasons discussed in the 
NPRM published in October 2018, 
NIOSH has determined that removing further restrictions on manufacturers’ abilities to manufacture, label, or sell subpart H SCSRs is necessary for the safety of underground coal miners who rely on these devices. Therefore, with this final rule HHS now allows the continued manufacturing, labeling, and sale of subpart H SCSRs with current certificates of approval, indefinitely. No new approvals under subpart H will be issued. Accordingly, § 84.70 is revised by removing paragraph (a), which was added in 2012 to limit the scope of subpart H to open-circuit escape respirators and those closed-circuit escape respirators approved under subpart H. Removing this paragraph alleviates any confusion about the applicability of subpart H. The remainder of the section is unchanged but for the remaining paragraphs being redesignated (a) through (d). 
Paragraph § 84.301(c) is redesignated 
as paragraph (a) and revised to state plainly that any CCER approvals issued after April 9, 2012, the original effective date for the subpart O standards, must comply with the technical requirements of subpart O. Paragraph § 84.301(a) is redesignated as paragraph (b) and is revised to indicate that the manufacturing, labeling, and sale of SCSRs already holding a subpart H approval for units intended to be used in mining may continue indefinitely. Finally, paragraph § 84.301(b) is 
redesignated as paragraph (c) and revised to strike the word ‘‘former,’’ to indicate that the subpart H technical requirements would still be used for maintenance of subpart H approvals. The paragraph continues to state that major modifications to a design approved under subpart H will render that approval obsolete. In that case, the entire resulting redesign must fully meet the technical requirements of subpart O and the manufacturer will be issued a new approval accordingly. 
For the reasons discussed in the 
March 2018 NPRM, HHS is revising 42 CFR 84.310 to clarify that neither human subject testing nor environmental testing is required to be routinely conducted on respirators obtained by the NIOSH National 
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Personal Protective Technology 
Laboratory’s Long-Term Field Evaluation program. The revision allows NIOSH to forego human subject testing or environmental treatments in the Program when NIOSH deems either or both of those tests to be unnecessary. The language in existing paragraph (d) is unchanged, and moved into a new paragraph (c)(2). The remainder of the paragraphs in § 84.310 are redesignated accordingly. 
VI. Regulatory Assessment 
Requirements 
A. Executive Order 12866 (Regulatory 
Planning and Review) and Executive Order 13563 (Improving Regulation and Regulatory Review) 
Executive Orders 12866 and 13563 
direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. 
This final rule has been determined 
not to be a ‘‘significant regulatory action’’ under section 3(f) of E.O. 12866. 
The revision finalized in this notice allows respirator manufacturers to continue the indefinite manufacturing, labeling, and sale of SCSRs approved under subpart H of 42 CFR part 84 and co-approved by MSHA pursuant to 30 CFR 75.1714–1. 
Because this final rule is intended to 
remove a restriction on the future sale of subpart H SCSRs, HHS expects that manufacturers holding approvals under subpart H will continue making and selling these devices without the uncertainty caused by the sunset clause in 42 CFR 84.301 and the aforementioned NIOSH guidance document. Manufacturers will not be forced to stop making and selling previously approved subpart H devices, nor will they need to develop new respirators under subpart O. 
Mine operators will be able to choose 
between purchasing subpart H devices, some of which are belt-wearable, and subpart O devices, some of which are also belt-wearable but may be larger, heavier, and more expensive. Thus, operators may experience cost-savings, as discussed below. 
This deregulatory action will not 
impose costs on either manufacturers or mine operators. Accordingly, HHS has not prepared an economic analysis and the Office of Management and Budget (OMB) has not reviewed this rulemaking. 
B. Executive Order 13771 (Reducing 
Regulation and Controlling Regulatory Costs) 
Executive Order 13771 requires 
executive departments and agencies to eliminate at least two existing 
regulations for every new significant regulation that imposes costs. HHS has determined that this rulemaking is cost- saving because it does not require any new action by stakeholders and because mine operators who rely on subpart H respirators can continue to purchase them as needed, which is likely to be more economical for some than switching to the subpart O devices. 
HHS has determined that for most of 
the respirator models currently deployed in underground coal mines, the cost of a new subpart O CCER is presently greater than the cost of a comparable subpart H SCSR. Assuming that mine operators will replace subpart H SCSRs that have reached the end of their service life (10 or 15 years, depending on the model) with an identical subpart H SCSR, rather than a more expensive subpart O CCER, HHS expects mine operators to experience cost savings as a result of not being required to purchase the more costly units. 
To estimate potential cost savings, 
HHS reviewed the 2018 inventory of all SCSRs and CCERs currently used in underground coal mines. Of the six models of subpart H SCSRs and three models of subpart O CCERs in use, HHS was able to obtain current pricing on six models (see Table 1). 
TABLE 1—C URRENT PRICES OF SUBPART H SCSR S AND SUBPART O CCER S 
Respirator type Respirator model Per unit cost 
($) 
Subpart H 1-hour .......................................................................................................... SRLD . ....................................................... $854.05 
EBA 6.5 ..................................................... 673.00 
Subpart O Cap 3 .......................................................................................................... SR 200 0 .................................................... 831.25 
EBA 7.5 ..................................................... 852.15 
Subpart H 10-minute .................................................................................................... M 20.2 .. ..................................................... 408.00 
Subpart O Cap 1 .......................................................................................................... M 20.3 ....................................................... 489.00 
Because the price of a subpart H 1- 
hour SRLD is greater than the price of 
a comparable subpart O Cap 3 SR 2000, the portion of the coal mining respirator market relying on the SRLD models is not affected and hence was not included in this analysis. HHS found that, because the subpart H 1-hour SCSR manufactured by Ocenco Inc., the EBA 6.5, costs less than the subpart O Cap 3 CCER, the EBA 7.5, mine operators would save $179.15 per unit by not purchasing the subpart O CCER. By not replacing the subpart H 10-minute SCSR manufactured by Ocenco, the M 20.2, with the subpart O Cap 1 CCER, the M 20.3, mine operators would save $81.00 per unit. By eliminating the compliance deadline requiring coal mine operators to purchase newer Subpart O Cap 3 CCERs to replace older Subpart H 1- hour SCSRs that have reached the end of their service life, HHS estimates that mine operators may experience a cost savings between approximately $16 
million and $20 million over the course of the 15 years that subpart H SCSRs must be replaced (see Tables 2 and 3). 
This is likely an over-estimate, since it is foreseeable that the cost of subpart O CCERs and the number of coal miners who must be supplied with escape respirators will both decrease in future years. 
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TABLE 2—C OSTSAVED BY NOTREPLACING SUBPART H 1-H OUR SCSR SWITHSUBPART O C AP3 CCER S 
[2018 $] 
Year # deployed EBA 
6.5 units to be 
replaced with EBA 
7.5 units Undiscounted 
($) Discounted 
3% 
($) Discounted 
7% 
($) 
2019 ........................................................................................................... 266 47,653.90 .. ...................... ........................
2020 ........................................................................................................... 439 78,646.85 76 ,358.23 73,503.35 
2021 ........................................................................................................... 4,101 734,694.15  692,522.71 641,681.87 
2022 ........................................................................................................... 11,865 2,125,614 .75 1,945,150.06 1,735,139.32 
2023 ........................................................................................................... 12,131 2,173,268 .65 1,930,949.20 1,657,986.65 
2024 ........................................................................................................... 7,843 1,405,073. 45 1,212,016.36 1,001,817.37 
2025 ........................................................................................................... 12,781 2,289,716 .15 1,917,637.28 1,525,637.87 
2026 ........................................................................................................... 24,943 4,468,538 .45 3,633,368.61 2,782,558.89 
2027 ........................................................................................................... 15,908 2,849,918 .2 2,249,725.48 1,658,652.39 
2028 ........................................................................................................... 14,429 2,584,955 .35 1,981,109.78 1,405,957.21 
2029 ........................................................................................................... 6,795 1,217,324. 25 905,810.97 618,765.92 
2030 ........................................................................................................... 4,114 737,023.10  532,425.49 350,159.67 
2031 ........................................................................................................... 9,130 1,635,639. 50 1,147,237.55 726,223.94 
2032 ........................................................................................................... 8,531 1,528,328. 65 1,040,791.81 634,256.39 
2033 ........................................................................................................... 1,775 317,991.25  210,224.01 123,317.01 
Total cost savings ............................................................................... .............................. 24,194,386.65 19,475,327.54 14,935,657.85 
TABLE 3—C OST OF REPLACING SUBPART H 10-M INUTE SCSR SWITHSUBPART O C AP1 CCER S 
[2018 $] 
Year # deployed M 20.2 
units to be 
replaced with M 
20.3 units Undiscounted 
($) Discounted 
3% 
($) Discounted 
7% 
($) 
2019 ........................................................................................................... 16 1,296.00 1,258.29 1,211.24 
2020 ........................................................................................................... 35 2,835.00 2,672.27 2,476.09 
2021 ........................................................................................................... 653 52,893.00 48 ,402.38 43,176.56 
2022 ........................................................................................................... 1,070 86,670.00 77,066.30 66,120.54 
2023 ........................................................................................................... 874 70,794.00 61 ,066.90 43,540.70 
2024 ........................................................................................................... 462 37,422.00 31 ,340.93 24,934.28 
2025 ........................................................................................................... 1,504 121,824.00  99,055.09 75,871.99 
2026 ........................................................................................................... 3,647 295,407.00  233,194.29 171,926.87 
2027 ........................................................................................................... 2,551 206,631.00  158,362.00 112,386.60 
2028 ........................................................................................................... 2,076 168,156.00  125,124.88 85,490.51 
2029 ........................................................................................................... 2,412 195,372.00  141,136.73 92,821.24 
2030 ........................................................................................................... 3,180 257,580.00  180,666.61 114,365.52 
2031 ........................................................................................................... 2,659 215,379.00  146,673.10 89,382.29 
2032 ........................................................................................................... 1,318 106,758.00  70,577.71 41,400.75 
2033 ........................................................................................................... 602 48,762.00 31 ,300.38 17,676.23 
Total cost savings ...................................................................................... ....................... ....... 1,867,779.00 1,407,897.86 982,781.41 
Because OMB has determined that 
this rulemaking is not significant, 
pursuant to E.O. 12866, and because it 
is both a deregulatory action and does not impose costs, OMB has determined that this rulemaking is exempt from the requirements of E.O. 13771. Thus it has not been reviewed by OMB. 
C. Regulatory Flexibility Act 
The Regulatory Flexibility Act (RFA), 
5 U.S.C. 601 et seq., requires each 
agency to consider the potential impact 
of its regulations on small entities including small businesses, small governmental units, and small not-for- profit organizations. HHS certifies that this rule has ‘‘no significant economic 
impact upon a substantial number of small entities’’ within the meaning of 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
D. Paperwork Reduction Act 
The Paperwork Reduction Act (PRA), 
44 U.S.C. 3501 et seq., requires an 
agency to invite public comment on, and to obtain OMB approval of, any regulation that requires 10 or more people to report information to the agency or to keep certain records. In accordance with section 3507(d) of the PRA, HHS has determined that the Paperwork Reduction Act does apply to information collection and 
recordkeeping requirements included in this rulemaking. The Office of Management and Budget (OMB) has already approved the information collection and recordkeeping requirements under OMB Control Number 0920–0109, Information Collection Provisions in 42 CFR part 84—Tests and Requirements for Certification and Approval of Respiratory Protective Devices (expiration date 4/30/2021). The revisions in this rulemaking would not impact the collection of data. 
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E. Small Business Regulatory 
Enforcement Fairness Act 
As required by Congress under the 
Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801 et seq.), HHS will report the promulgation of this rule to Congress prior to its effective date. 
F. Unfunded Mandates Reform Act of 
1995 
Title II of the Unfunded Mandates 
Reform Act of 1995 (2 U.S.C. 1531 et seq.) directs agencies to assess the effects of Federal regulatory actions on State, local, and Tribal governments, and the private sector ‘‘other than to the 
extent that such regulations incorporate requirements specifically set forth in law.’’ For purposes of the Unfunded Mandates Reform Act, this rule does not include any Federal mandate that may result in increased annual expenditures in excess of $100 million by State, local, or Tribal governments in the aggregate, or by the private sector. 
G. Executive Order 12988 (Civil Justice 
Reform) 
This rule has been drafted and 
reviewed in accordance with Executive Order 12988 and will not unduly burden the Federal court system. This rule has been reviewed carefully to eliminate drafting errors and ambiguities. 
H. Executive Order 13132 (Federalism) 
HHS has reviewed this rule in 
accordance with Executive Order 13132 
regarding federalism, and has determined that it does not have ‘‘federalism implications.’’ The rule would not ‘‘have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ 
I. Executive Order 13045 (Protection of 
Children From Environmental Health Risks and Safety Risks) 
In accordance with Executive Order 
13045, HHS has evaluated the environmental health and safety effects of this rule on children. HHS has determined that the rule would have no environmental health and safety effect on children. 
J. Executive Order 13211 (Actions 
Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use) 
In accordance with Executive Order 
13211, HHS has evaluated the effects of this rule on energy supply, distribution or use, and has determined that the rule would not have a significant adverse effect. 
K. Plain Writing Act of 2010 
Under Public Law 111–274 (October 
13, 2010), executive Departments and 
Agencies are required to use plain language in documents that explain to the public how to comply with a requirement the Federal government administers or enforces. HHS has attempted to use plain language in promulgating the rule consistent with the Federal Plain Writing Act guidelines. 
List of Subjects in 42 CFR Part 84 
Mine safety and health, Occupational 
safety and health, Personal protective 
equipment, Respirators. 
Final Rule 
For the reasons discussed in the 
preamble, the Department of Health and 
Human Services amends 42 CFR part 84 as follows: 
PART 84—APPROVAL OF 
RESPIRATORY PROTECTIVE DEVICES 
■1. The authority citation for part 84 
continues to read as follows: 
Authority: 29 U.S.C. 651 et seq.; 30 U.S.C. 
3, 5, 7, 811, 842(h), 844. 
§ 84.70 [Amended] 
■2. Amend § 84.70 by removing 
paragraph (a) and redesignating 
paragraphs (b) through (e) as (a) through (d). 
■3. Revise § 84.301 to read as follows: 
§ 84.301 Applicability to new and 
previously approved CCERs. 
(a) Any CCER approval issued after 
April 9, 2012 must comply with the 
technical requirements of subpart O. 
(b) The continued manufacturing, 
labeling, and sale of closed-circuit apparatus previously approved under subpart H is authorized for units required for use in underground coal mines pursuant to 30 CFR 75.1714–1. 
(c) Any manufacturer-requested 
modification to a device approved under the subpart H technical requirements must comply with the subpart H technical requirements and address an identified worker safety or health concern to be granted an extension of the NIOSH approval. Major modifications to the configuration that will result in a new approval must meet and be issued approvals under the requirements of this subpart O. 
■4. Amend § 84.310 by revising 
paragraph (c), removing paragraph (d), and redesignating paragraphs (e) through (g) as (d) through (f). The revision reads as follows: 
§ 84.310 Post-approval testing. 
* * * * * 
(c) NIOSH will conduct such testing 
pursuant to the methods specified in §§ 84.303 through 84.305, except as provided under paragraphs (c)(1) and (2) of this section: 
(1) Post-approval tests may exclude 
human subject testing and environmental conditioning at the discretion of NIOSH. 
(2) The numbers of units of an 
approved CCER to be tested under this section may exceed the numbers of units specified for testing in §§ 84.304 and 84.305. 
* * * * * 
Dated: April 9, 2019. 
Alex M. Azar II, 
Secretary, Department of Health and Human 
Services. 
[FR Doc. 2019–07935 Filed 4–18–19; 8:45 am] 
BILLING CODE 4163–19–P 
FEDERAL COMMUNICATIONS 
COMMISSION 
47 CFR Part 1 
[WC Docket No. 17–84, WT Docket No. 17– 
79; FCC 18–111] 
Accelerating Wireline Broadband 
Deployment by Removing Barriers to Infrastructure Investment 
AGENCY : Federal Communications 
Commission. 
ACTION : Final rule; announcement of 
effective date. 
SUMMARY : In this document, the 
Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission’s revised pole attachment access rules. This document is consistent with Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, Third Report and Order and Declaratory Ruling, FCC 18–111, which stated that 
the Commission would publish a document in the Federal Register announcing the effective date of the revised rules. 
DATES : The amendments to 47 CFR 
1.1411, 1.1412, and 1.1415 published at 83 FR 46812, September 14, 2018, are effective May 20, 2019. 
FOR FURTHER INFORMATION CONTACT : 
Michael Ray, Attorney Advisor, Wireline Competition Bureau, at (202) 418–0357, or by email at Michael.Ray@fcc.gov. For additional information 
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