. /.   WORLD TRADE  
ORGANIZATION  G/TBT/N/USA/438 
18 December 2008  
 (08-6216) 
Committee on Technical Barriers to Trade Original:   English 
  
 
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6 
 
1. Member to Agreement notifying:  UNITED STATES
  
If applicable, name of local governme nt involved (Article 3.2 and 7.2):     
2. Agency responsible:  Department of Health and Huma n Services, Centers for Disease 
Control  (HHS, CDC)  (451)  
Name and address (including telephone and fax numbers, email and web-site 
addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above :    
3. Notified under Article 2.9.2 [ X ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:   
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable):  Respirators  (HS: 9020, 
ICS: 13.340.30)  
5. Title, number of pages and language(s) of the notified document:  Approval Tests and 
Standards for Closed-Circuit Escape Respirators (19 pages, in English).  
6. Description of content:  This notice proposes updated require ments that the Department of 
Health and Human Service's (HHS), Centers for Disease Control a nd Prevention's (CDC) 
National Institute for Occupational Safety and Health (NIOSH) would employ to test and approve closed-circuit respirators used for escaping atmospheres considered to be immediately dangerous to  life and health, including such re spirators required by the Mine 
Safety and Health Administ ration (MSHA) for use in underground mines. NIOSH and 
MSHA jointly review and approve this type of re spirator used for mine emergencies under 42 
CFR pt. 84, Approval of Respiratory Prot ective Devices. NIOSH also approves these 
respirators used in other work environments where escape equipment may be provided to workers, such as vessels oper ated by U.S. Navy and Coast Guard personnel. The proposed 
rule would replace only those technical require ments in 42 CFR Part 84--Subpart H that are 
uniquely applicable to closed-circuit escape re spirators (CCERs), a subset of the variety of 
escape respirators pres ently covered by Subpart H. All ot her applicable requirements of 42 
CFR Part 84 would remain unchanged. The pur pose of these updated requirements is to 
enable NIOSH and MSHA to more effectively ensu re the performance, reliability, and safety 
of CCERs. 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
Protection of human health  G/TBT/N/USA/438 
Page 2  
 
  8. Relevant documents:   73 Federal Register (FR) 75027 10 December 2008 Title 42 Code of 
Federal Regulations (CFR) Part 84. Will appear in the Federal Register when adopted.   
9. Proposed date of adoption:   
Proposed date of entry into force:   }To be determined 
10. Final date for comments:  9 February  2009 
11. Text available from: National enquiry po int [ X], or address, telephone and fax 
numbers, e-mail and web-site addres ses, if available of the other body:    
Full texts are now available on the Internet at URLs: 
http://edocket.access.gpo.gov/2008/E8-29235.htm  
http://edocket.access.gpo.gov/2008/pdf/E8-29235.pdf