Federal Register / Vol. 89, No. 52 / Friday, March 15, 2024 / Proposed Rules 18867 

instructions on commenting and visiting 

the docket, along with more information 

about dockets generally, is available at 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt, EPA Region 10, 1200 Sixth 

Avenue, Suite 155, Seattle, WA 98101, 

at (206) 553–0256 or hunt.jeff@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

document extends the public comment 

period established in the Federal 

Register of February 23, 2024 (89 FR 

13622) (FRL–11593–01–R10) for 30 

days, from March 25, 2024, to April 24, 

2024. 

This extension is in response to 

requests that the EPA received which 

asked for additional time to develop and 

submit comments on the proposed 

rulemaking. After considering several 

factors, the EPA believes it is 

appropriate to extend the comment 

period for 30 days to give stakeholders 

additional time to review the documents 

and prepare comments. As discussed in 

the Federal Register document of 

February 23, 2024 (89 FR 13622 (FRL– 

11593–01–R10)), the EPA is proposing 

approval of the regional haze state 

implementation plan revision submitted 

by Oregon on April 29, 2022, as 

supplemented on November 22, 2023, as 

satisfying applicable requirements 

under the Clean Air Act and the EPA’s 

Regional Haze Rule for the program’s 

second implementation period. If you 

have questions, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: March 8, 2024. 

Casey Sixkiller, 

Regional Administrator, Region 10. 

[FR Doc. 2024–05510 Filed 3–14–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR PART 52 

[EPA–R05–OAR–2020–0055; FRL–11687– 

03–R5] 

Air Plan Approval; Ohio; Withdrawal of 

Technical Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

public comment period. 

SUMMARY: The Environmental Protection 

Agency (EPA) is extending the comment 

period for a proposed rule published 

February 22, 2024. 

DATES: The comment period is extended 

to April 24, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2020–0055 at https://

www.regulations.gov, or via email to 

arra.sarah@epa.gov. Additional 

instructions to comment can be found in 

the notice of proposed rulemaking 

published February 22, 2024 (89 FR 

13304). 

FOR FURTHER INFORMATION CONTACT: 

Christos Panos, Attainment Planning 

and Maintenance Section, Air Programs 

Branch (AR18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–8328, panos.christos@

epa.gov. 

SUPPLEMENTARY INFORMATION: On 

February 22, 2024, EPA proposed to 

determine that its November 19, 2020, 

final action to remove the Air Nuisance 

Rule (ANR) from the Ohio State 

Implementation Plan using the Clean 

Air Act error correction provision was 

in error, and to correct that action by 

reinstating the ANR as part of the Ohio 

SIP. In response to a request in a public 

comment, EPA is extending the 

comment period for 30 days. 

Dated: March 8, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2024–05448 Filed 3–14–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 84 

[Docket No. CDC–2024–0005; NIOSH–351] 

RIN 0920–AA83 

Approval Tests and Standards for 

Combination Unit Respirators 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Health and 

Human Service (HHS) proposes to 

amend regulatory requirements that 

would be used by the Centers for 

Disease Control and Prevention’s (CDC) 

National Institute for Occupational 

Safety and Health (NIOSH) to test and 

approve combination unit respirators. 

This rulemaking would establish this 

new class of respiratory protective 

device, combination unit respirators 

(CURs), by incorporating by reference 

the performance requirements 

established in the National Fire 

Protection Association (NFPA) 

voluntary consensus standard NFPA 

1987, Standard on Combination Unit 

Respirator Systems for Tactical and 

Technical Operations. 

DATES: Comments must be received by 

May 14, 2024. Comments on the 

information collection approval request 

sought under the Paperwork Reduction 

Act must be received by May 14, 2024. 

ADDRESSES: 

Written comments: Comments, 

including those related to the 

Paperwork Reduction Act, may be 

submitted by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments to 

the docket. 

• Mail: NIOSH Docket Office, Robert 

A. Taft Laboratories, MS–C34, 1090 

Tusculum Avenue, Cincinnati, OH 

45226. 

Instructions: All submissions received 

must include the agency name (Centers 

for Disease Control and Prevention, 

HHS) and docket number (CDC–2024– 

0005; NIOSH–351) or Regulation 

Identifier Number (0920–AA83) for this 

rulemaking. All relevant comments, 

including any personal information 

provided, will be posted without change 

to http://www.regulations.gov. Do not 

submit comments by email. CDC does 

not accept comments by email. For 

detailed instructions on submitting 

public comments, see the ‘‘Public 

Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Peterson, NIOSH National 

Personal Protective Technology 

Laboratory (NPPTL), Pittsburgh, PA; 

(412) 386–6111 (this is not a toll-free 

number); email to NIOSHregs@cdc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

Interested persons or organizations 

are invited to participate in this 

rulemaking by submitting written views, 

opinions, recommendations, and data. 

Comments received, including 

attachments and other supporting 

materials, are part of the public record 

and subject to public disclosure. Any 

information in comments or supporting 

materials that is confidential or 

inappropriate for public disclosure 


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1NIOSH Approved® (NIOSH Approved) is a 

certification mark of the U.S. Department of Health 

and Human Services (HHS) registered in the United 

States and several international jurisdictions. 

2An open-circuit SCBA is designed for use 

during entry into and escape from or escape only 

from hazardous atmospheres. Oxygen is supplied to 

the wearer and the wearer’s exhalations are vented 

to the atmosphere and are not rebreathed. See 42 

CFR part 84, subpart H. 

3Air-purifying respirators (APRs) ‘‘utilize the 

wearer’s negative inhalation pressure to draw the 

ambient air through the air-purifying filter elements 

(filters) to remove particulates from the ambient air. 

They are designed for use as respiratory protection 

against atmospheres with particulate contaminants 

at concentrations that are not immediately 

dangerous to life or health and that contain 

adequate oxygen to support life.’’ Powered airpurifying respirators (PAPRs) use a blower to move 

air through the filters. See 42 CFR part 84, subpart 

K. 

4See https://www.nfpa.org/codes-and-standards/ 

all-codes-and-standards/list-of-codes-andstandards/detail?code=1987. 

5NIOSH Docket Number 082 [Oct. 2006], 

Combination Units—SCBA/PAPR/APR, http://

www.cdc.gov/niosh/docket/archive/docket082.html. 

6NIOSH Docket Number 082–A [Dec. 2010], 

Chemical, Biological, Radiological and Nuclear 

(CBRN) Combination Respirator Unit (CRU), http:// 

www.cdc.gov/niosh/docket/archive/ 

docket082A.html. 

7NIOSH–NPPTL [Feb. 3, 2015], Letter to All 

Respirator Manufacturers, Subject: Implementation 

Plan for the Respirator Certification Fees, https://

www.cdc.gov/niosh/npptl/resources/pressrel/ 

letters/Manufacturers/pdfs/lttr-02032015-508.pdf. 

8NIOSH–NPPTL [Feb. 18, 2015], Webinar 

Concerning Standard for Performance Requirements 

of the Combination Unit Respirator, https://

www.cdc.gov/niosh/npptl/resources/pressrel/ 

letters/interestedparties/pdfs/lttr-02182015-508.pdf. 

9https://www.nationalacademies.org/our-work/ 

developing-a-performance-standard-forcombination-unit-respirators-a-workshop 

10 Institute of Medicine of the National 

Academies [2015], Developing a Performance 

Standard for Combination Unit Respirators— 

Workshop in Brief; https://nap.nationalacademies.

org/read/21765/chapter/1. 

11OSHA’s regulation requires employers to use 

the APFs to select a respirator that meets or exceeds 

the required level of employee protection. 

should not be included. HHS will 

carefully consider all comments 

submitted in preparation of the final 

rule and may revise the final rule as 

appropriate. 

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 (Pub. L. 91–173 

(codified at 30 U.S.C. 842(h), 844, 957)), 

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 

Occupational Safety and Health 

Administration (OSHA) requires U.S. 

employers to supply NIOSH 

Approved® 1 respirators to their 

employees whenever the employer 

requires the use of a respirator (29 CFR 

1910.134(d)(1)). The National 

Technology Transfer and Advancement 

Act of 1995 (Pub. L. 104–113) directs 

agencies to use voluntary consensus 

standards, instead of governmentunique publications, when it is practical 

and consistent with law. 

III. Background 

The NIOSH Respirator Approval 

Program approves respiratory protective 

devices pursuant to the performance 

standards in 42 CFR part 84, Approval 

of Respiratory Protective Devices. A 

combination unit respirator is a 

respiratory protective device that 

employs the technology of at least two 

different types of respiratory protective 

devices, with one being an open-circuit 

self-contained breathing apparatus 

(SCBA) 2 and at least one other method 

being air-purifying or powered airpurifying,3 and that allows the wearer to 

select the operating mode. Despite the 

current lack of a NIOSH approval 

standard for CURs, they are used today 

in military, law enforcement, and some 

industrial settings where the versatility 

of these devices allows users to perform 

in various hazardous environments. A 

CUR allows the worker to carry or wear 

one respirator into an environment in 

which the hazards are either unknown 

or might change rapidly, and to readily 

switch between types of respiratory 

protection after assessing their 

individual risk. 

Regulations in 42 CFR part 84 do not 

currently allow for NIOSH approval of 

a single respirator unit for more than 

one respirator class where the user can 

select the appropriate level of protection 

required from within a single respirator 

system. With this rulemaking, HHS 

proposes to establish performance 

standards for NIOSH approval of CURs 

in a new part 84, subpart P, by 

incorporating by reference the 

performance requirements in Chapter 7 

of NFPA 1987, Standard on 

Combination Unit Respirator Systems 

for Tactical and Technical Operations, 

2023 edition.4

A. Background and History 

NIOSH has explored and discussed 

the need to develop a regulatory 

standard for NIOSH approval of 

combination unit respirators with 

manufacturers and other interested 

parties since at least 2006, while 

developing performance requirements 

for chemical, biological, radiological, 

and nuclear (CBRN) protections. The 

conceptual requirements for the CBRN 

CUR were presented to obtain initial 

comments from manufacturers and 

other interested parties during an 

October 12, 2006, public meeting.5

Using this input, NIOSH identified the 

need to promulgate a CUR performance 

standard in part 84. A public meeting 

dedicated to discussion of a 

combination respirator standard was 

held in December 2010; participants 

expressed their support for a standard 

that recognizes each type of respiratory 

protection comprising the combination.6

NIOSH conducted a respirator 

manufacturers’ meeting 7 and a 

stakeholder webinar 8 in March 2015 to 

solicit additional stakeholder input 

regarding CUR research needs. It then 

engaged the National Academies 

Institute of Medicine (IOM) to examine 

aspects of CUR technology, use, and the 

development of a performance standard. 

In April 2015, IOM convened a public 

workshop, sponsored by NIOSH, on the 

development of a CUR performance 

standard.9 The workshop engaged 

OSHA, NFPA, and CUR manufacturers 

and users, including presenters and 

participants engaged in law 

enforcement, fire service, mining, 

military, and hazardous waste 

remediation. The CUR users and 

manufacturers gave presentations to 

attendees, after which the workshop 

participants, speakers, and committee 

members met in breakout groups to 

define priorities in three areas: research, 

standards and regulations, and training 

needs and hazard assessment. 

Participants discussed the unique 

attributes of CURs and expressed 

concern about a disconnect between 

OSHA and NIOSH regulations.10

Specifically, in 29 CFR 

1910.134(d)(3)(i)(A), OSHA established 

its assigned protection factors (APFs) 

standard and requires that for a 

combination respirator ‘‘employers must 

ensure that the assigned protection 

factor is appropriate to the mode of 

operation in which the respirator is 

being used.’’ 11

In contrast, in 42 CFR 84.63(b), 

NIOSH classifies combination 

respirators ‘‘by the type of respirator in 

the combination which provides the 

least protection to the user.’’ So, for 

example, pursuant to § 84.63(b), a 

respirator that combines an air-purifying 

mode (APF=50) and an open-circuit 

self-contained mode (APF=10,000) will 

be classified by NIOSH as an airpurifying respirator, the least protective 

of the two modes. Thus, if OSHA 

requires that the hazards at a specific 

worksite necessitate respiratory 

protection with an APF of 10,000, then 

the employer cannot use the combined 

air-purifying/open-circuit SCBA 


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12See supra note 4 at 1. 

respirator approved by NIOSH at the 

least protective level (in this example, 

50) because the APF for air-purifying 

respirators is insufficient to meet the 

needs of the worksite. 

After the IOM published its workshop 

summary in June 2015, NIOSH 

determined there were no existing CUR 

performance standards that met the 

needs identified by the workshop 

participants. At that time, NIOSH 

considered the following alternative 

approaches to address those needs: 

(1) develop the CUR performance 

standard and promulgate the standard 

into 42 CFR part 84; 

(2) collaborate with a voluntary 

consensus standards development 

organization, such as NFPA, to develop 

the CUR performance standard and 

incorporate it into 42 CFR part 84 by 

reference; or 

(3) develop the base respiratory 

protection requirements and collaborate 

with a standards development 

organization to develop additional 

unique requirements, such as 

communication and tactical equipment 

interoperability, to meet the needs of 

user groups for incorporation by 

reference into 42 CFR part 84. 

NIOSH evaluated these options and 

considered both the formal request from 

a representative of the Federal Bureau of 

Investigation (FBI) and a subsequent 

Interagency Board endorsement letter of 

the FBI’s request to the NFPA to 

develop CUR performance standards.12

NIOSH determined that collaborating 

with NFPA to develop and adopt a CUR 

performance standard provided the 

most effective outcome for users and 

was the most efficient use of NIOSH 

resources. In a letter dated June 22, 

2015, NIOSH endorsed the FBI’s request 

that NFPA develop a CUR performance 

standard. In August 2015, NFPA 

responded to the FBI request by 

assigning this new project to the 

Technical Committee on Tactical and 

Technical Operations Respiratory 

Protection Equipment. User groups and 

CUR manufacturers participated 

throughout the NFPA CUR standard 

development process, and unique 

requirements such as communication 

and tactical equipment interoperability 

requirements were incorporated into the 

consensus standard to meet the needs of 

specific user groups. NIOSH provided 

additional expertise to conduct 

research, fully participated on the NFPA 

technical committee, and devoted 

agency resources to conduct the 

necessary research and development 

testing and evaluation to support NFPA 

in developing the CUR standard. 

B. Scope of the Proposed Rulemaking 

This rulemaking proposes a new 42 

CFR part 84, subpart P to create a new 

respirator class, combination unit 

respirators, which are respirators 

capable of protecting wearers (a) in 

open-circuit SCBA-mode during either 

entry into or escape from immediately 

dangerous to life or health (IDLH) 

environments, and (b) in air-purifying or 

powered air-purifying mode during 

entry into non-IDLH environments and 

escape from non-IDLH or IDLH 

environments. The combination unit 

respirator allows the wearer to select the 

operating mode and thus change from 

one APF to another as necessary. 

C. Need for Rulemaking 

Providing a mechanism to allow 

manufacturers to obtain NIOSH 

approvals of respirators conforming to 

the proposed standard for the new CUR 

class in subpart P would benefit those 

workers and employers who encounter 

various types of hazardous exposures 

and currently rely on multiple types of 

NIOSH Approved respiratory protective 

devices in the course of their duties on 

OSHA-regulated worksites. The 

flexibility provided using one NIOSH 

Approved respirator that can perform 

multiple functions might also benefit 

employers by allowing them to purchase 

fewer respirators, which NIOSH expects 

will result in cost savings. This 

rulemaking would also benefit 

employers who are required by OSHA to 

provide workers with NIOSH Approved 

respirators but currently use CURs that 

do not have NIOSH approval; HHS 

assumes that, as a result of this 

rulemaking, employers will choose to 

purchase NIOSH Approved products, 

allowing them to come into compliance 

with OSHA rules. Moreover, the 

proposed new subpart P would bring 

the regulations in 42 CFR part 84 into 

alignment with the OSHA APF standard 

29 CFR 1910.134(d)(3)(i)(A), discussed 

above, allowing employers to purchase 

CURs rated at more than one APF. 

This rulemaking would benefit 

approval holders that currently produce 

combination unit respirators, and new 

CUR manufacturers that would enter the 

NIOSH Approved CUR market if such 

approval were to become available. By 

promulgating this rule, HHS would be 

removing a barrier that currently 

prevents CUR manufacturers from 

accessing the market demand for NIOSH 

Approved respirators. Adding a new 

subpart P to part 84 would allow 

manufacturers to apply for and obtain 

NIOSH approval of CURs capable of 

allowing the wearer to switch between 

operational modes, which can be 

identified by more than one APF. 

This rulemaking also proposes the 

revision of an existing definition in 42 

CFR 84.2 and the addition of two new 

terms to reflect NIOSH’s ongoing and 

evolving relationship with business 

entities that produce and sell 

respirators. HHS proposes revising the 

existing definition of the term 

‘‘applicant’’ to clarify the role and 

responsibilities of those parties who 

submit an application for NIOSH 

approval of a product’s design, 

performance, configuration 

management, manufacture, quality, and 

support. A new definition of the term 

‘‘approval holder’’ would be added to 

the existing definitions section. The 

terms ‘‘applicant’’ and ‘‘approval 

holder’’ would replace the term 

‘‘manufacturers’’ throughout part 84, as 

appropriate, to reflect the fact that 

seeking and maintaining NIOSH 

approval includes more than the 

manufacturing of the respirator or 

respirator components. An approval 

holder has at least one respirator 

approval on the NIOSH Certified 

Equipment List (CEL), a directory of 

NIOSH Approved respirators, which 

would also be defined in § 84.2. The 

CEL is regularly updated as respirator 

approvals are added, made obsolete, or 

otherwise changed in status. The CEL is 

available in a searchable database at 

https://wwwn.cdc.gov/niosh-cel/. 

D. Effects of Rulemaking on Federal 

Agencies 

The proposed rule would not require 

OSHA to make any changes to 29 CFR 

1910.134, the OSHA respiratory 

protection requirements. The proposed 

rule is expected to benefit Federal law 

enforcement agencies and military 

branches whose members currently rely 

on CURs that are not NIOSH Approved 

respirators. The performance 

requirements proposed in this 

rulemaking are designed to protect 

workers relying on CURs for their 

survival in IDLH atmospheres better 

than combination respirators approved 

pursuant to 42 CFR 84.63(b) or CURs 

not approved to any performance 

standard. 

IV. Incorporation by Reference 

With this rulemaking, HHS proposes 

to incorporate by reference the CUR 

performance requirements in Chapter 7 

of NFPA 1987, Standard on 

Combination Unit Respirator Systems 

for Tactical and Technical Operations, 

2023 edition, into a new part 84, subpart 

P. NFPA 1987 specifies the minimum 

requirements for the design, 


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18870 Federal Register / Vol. 89, No. 52 / Friday, March 15, 2024 / Proposed Rules 

performance, testing, and certification of 

new combination unit respirator 

systems. Only the NFPA 1987, Chapter 

7, respiratory performance requirements 

are incorporated into part 84, subpart P. 

NFPA 1987, 2023 edition, is reasonably 

available to interested parties. Interested 

parties may purchase a copy from 

NFPA, 1 Batterymarch Park, P.O. Box 

9101, Quincy, MA 02269–9101, 

www.nfpa.org. All NFPA codes and 

standards can be viewed at no cost at 

nfpa.org/docinfo. 

V. Summary of Proposed Rule 

For the reasons discussed above, HHS 

proposes the following changes to 42 

CFR part 84. 

Section 84.2 Definitions 

HHS proposes the addition of two 

new definitions to the existing 

Definitions section in 84.2: ‘‘approval 

holder’’ and ‘‘NIOSH Certified 

Equipment List (CEL).’’ An approval 

holder is an applicant who has at least 

one NIOSH Approved respirator on the 

NIOSH Certified Equipment List, which 

is the directory of NIOSH Approved 

respirators. Finally, HHS proposes a 

revision to the existing term 

‘‘applicant,’’ to clarify that the applicant 

is the entity that maintains and 

demonstrates responsibility for, and 

control of, product design, performance, 

configuration management, 

manufacture, quality, and support. 

Throughout part 84, the words 

‘‘manufacturer,’’ ‘‘manufacturers,’’ and 

‘‘manufacturer’s’’ would be replaced 

with variations of ‘‘applicant’’ and 

‘‘approval holder,’’ as appropriate. 

Section 84.63 Test Requirements; 

General 

Existing § 84.63(b) allows the 

combination of two or more classes of 

respirators and requires the resulting 

combination respirator to meet the 

minimum requirements for each class of 

respirator in the combination. Each 

resulting combination respirator will be 

classified by the class of respirator in 

the combination that provides the least 

amount of protection to the wearer. 

Paragraph (b) would be revised to clarify 

that CURs approved under the proposed 

new subpart P would be excepted from 

this general rule. 

Section 84.400 Combination Unit 

Respirators (CUR); Description 

In a new subpart P, a new § 84.400 

would describe that CURs are intended 

to protect wearers using the CUR (a) in 

open-circuit SCBA-mode during either 

entry into or escape from immediately 

dangerous to life or health (IDLH) 

environments, and (b) in air-purifying or 

powered air-purifying mode during 

entry into non-IDLH environments and 

escape from non-IDLH or IDLH 

environments. 

Section 84.401 Technical 

Specifications and Performance 

Requirements 

A new § 84.401(a) would incorporate 

by reference the performance 

requirements established in Chapter 7 of 

NFPA 1987, Standard on Combination 

Unit Respirator Systems for Tactical 

and Technical Operations, 2023 edition. 

Tables in paragraphs (a)(1), (2), (3), and 

(4) would specify the NFPA 1987 

performance requirements for CUR 

systems, including the CUR open-circuit 

self-contained mode, the powered airpurifying mode, and the air-purifying 

mode. The incorporation of NFPA 1987 

would establish systems evaluation and 

minimum performance requirements for 

each operational mode providing 

respiratory protection, including airpurifying, powered air-purifying, and 

open-circuit self-contained breathing 

apparatus; the ability to safely switch 

operational modes; universal emergency 

breathing safety system; end-of-servicetime indicator; and for assessing the 

chemical, biological, radiological, and 

nuclear performance of the CUR. A new 

paragraph (b) would stipulate that the 

42 CFR part 84 provisions prevail in the 

event that there is a conflict with the 

requirements of NFPA 1987. 

Section 84.402 General Construction 

and Approval Requirements 

A new § 84.402(a) would specify that 

CURs are required to meet the minimum 

construction requirements in subpart G 

of part 84. Paragraph (b) would specify 

that the prospective approval holder 

must concurrently submit the device to 

an organization accredited to ISO/IEC 

17065, Conformity Assessment— 

Requirements for Bodies Certifying 

Products, Processes and Services, for 

NFPA 1987 certification. The 

conformity assessment body will assess 

those requirements in NFPA 1987 that 

are not incorporated by reference into 

42 CFR part 84, subpart P. NIOSH 

approval is contingent upon the 

applicant receiving NFPA 1987 

certification from a conformity 

assessment body. The certification letter 

issued by the conformity assessment 

body will be issued concurrent with the 

NIOSH National Personal Protective 

Technology Laboratory approval letter. 

Updates to Internal References 

In §§ 84.30, 84.50, 84.51, 84.52, 84.53, 

84.60, 84.63, 84.64, 84.65, the text 

would be edited to point to the 

technical standards in subparts H 

through the proposed new subpart P. 

VI. Regulatory Impact Analyses 

HHS has examined the impacts of this 

rule as required by Executive Order 

12866 on Regulatory Planning and 

Review (September 30, 1993), Executive 

Order 13563 on Improving Regulation 

and Regulatory Review (January 18, 

2011), Executive Order 14094 entitled 

‘‘Modernizing Regulatory Review’’ 

(April 6, 2023), the Regulatory 

Flexibility Act (RFA) (September 19, 

1980, Pub. L. 96–354), section 1102(b) of 

the Social Security Act, section 202 of 

the Unfunded Mandates Reform Act of 

1995 (March 22, 1995; Pub. L. 104–4), 

and Executive Order 13132 on 

Federalism (August 4, 1999). 

A. Executive Order 12866 (Regulatory 

Planning and Review), Executive Order 

13563 (Improving Regulation and 

Regulatory Review), and Executive 

Order 14094 (Modernizing 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). The Executive Order 14094 

entitled ‘‘Modernizing Regulatory 

Review’’ (hereinafter, the Modernizing 

E.O.) amends section 3(f)(1) of Executive 

Order 12866 (Regulatory Planning and 

Review). The amended section 3(f) of 

Executive Order 12866 defines a 

‘‘significant regulatory action’’ as an 

action that is likely to result in a rule: 

(1) having an annual effect on the 

economy of $200 million or more in any 

1 year (adjusted every 3 years by the 

Administrator of OIRA for changes in 

gross domestic product), or adversely 

affect in a material way the economy, a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

territorial, or tribal governments or 

communities; (2) creating a serious 

inconsistency or otherwise interfering 

with an action taken or planned by 

another agency; (3) materially altering 

the budgetary impacts of entitlement 

grants, user fees, or loan programs or the 

rights and obligations of recipients 

thereof; or (4) raise legal or policy issues 

for which centralized review would 

meaningfully further the President’s 

priorities or the principles set forth in 

this Executive order, as specifically 

authorized in a timely manner by the 

Administrator of OIRA in each case. A 


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13 42 CFR part 84, Appendix B. 

regulatory impact analysis (RIA) must 

be prepared for major rules with 

significant regulatory action/s and/or 

with significant effects as per section 

3(f)(1) ($200 million or more in any 1 

year). 

This proposed rule has been 

determined not to be a ‘‘significant 

regulatory action’’ under section 3(f) of 

E.O. 12866. The rulemaking is intended 

to remove regulatory barriers to the 

manufacturing, labeling, and selling of 

new CUR designs with NIOSH approval 

that include both open-circuit selfcontained breathing apparatus and 

either air-purifying or powered airpurifying respirator capabilities. This 

rulemaking would give applicants the 

option to seek NIOSH approval of CURs 

meeting the performance requirements 

in chapter 7 of NFPA 1987, Standard on 

Combination Unit Respirator Systems 

for Tactical and Technical Operations, 

2023 edition, incorporated by reference 

into a new 42 CFR part 84, subpart P. 

NIOSH approval would be contingent 

on concurrent NFPA 1987 certification 

from the certification body. 

Costs 

This rule would not impose any 

mandatory costs on the public and 

would benefit applicants who choose to 

develop a product under these new 

technical requirements and the 

employers who purchase CURs. HHS 

estimates the fees associated with CUR 

approvals, including applications, site 

qualifications, and testing fees, pursuant 

to 42 CFR part 84, subpart C—Fees and 

Fee Schedule B—Application-Based 

Fees in part 84, appendix B. Because 

CUR-specific testing fees must be added 

to Fee Schedule B by rulemaking,13

until HHS can conduct such a 

rulemaking, fees associated with those 

tests would be assessed pursuant to 

§ 84.24, which authorizes NIOSH to 

conduct or cause to be conducted any 

additional examinations, inspections, or tests 

it deems necessary to determine the quality 

and effectiveness of any respirator submitted 

to NIOSH for the purposes of seeking a 

certificate of approval. 

CUR-specific testing fees would be 

charged under the New and Unspecified 

Tests category of Fee Schedule B, 

allowing the NIOSH Respirator 

Approval Program to recoup $500 per 

day plus the actual cost of non-NIOSH 

staff (typically medical staff and test 

subjects), which is roughly equivalent to 

the actual costs of those tests. The 

application plus NIOSH testing and 

evaluation fees are estimated to be 

$15,600 in total. 

The costs associated with the CBRN 

chemical warfare agent (CWA) tests, 

which NIOSH requires to be conducted 

by the U.S. Army Combat Capabilities 

Development Command (DEVCOM), 

Chemical Biological Center (CBC), are 

estimated to cost $101,000. These fees 

are established by CBC. 

Fees associated with the independent 

certification body NFPA 1987 

certification will be assessed by the 

certification body utilized. HHS 

estimates that NFPA 1987 certification 

will cost $90,000 for initial testing and 

evaluation and $42,000 annually 

thereafter. Finally, HHS estimates that 

the application itself will take an 

average of 240 hours to complete, 

costing applicants approximately 

$11,374 per application (see Section 

V.C., below). 

In addition to the one-time cost of a 

new NIOSH approval, pursuant to 

Respirator Certification Fee Schedule 

A—Annual (Fixed) Fees, the annual 

NIOSH approval maintenance costs to 

maintain one approval are estimated to 

be $10,691. 

In total, HHS estimates that the initial 

cost of a new CUR approval application 

submitted to NIOSH will be $217,974. 

HHS further estimates that the total cost 

of maintaining a NIOSH CUR approval 

will be $52,691. See Table 1. 

TABLE 1—ESTIMATED COST OF NIOSH CUR APPROVAL

[2023$] 

Fees Estimated first-year 

costs for 1 approval 

Estimated annual costs 

for 1 approval 

NIOSH approval, Fee Schedule A .......................................................................................... ........................................ $10,691 

NIOSH approval, Fee Schedule B .......................................................................................... $15,600 ........................................

Application paperwork burden ................................................................................................. 11,374 ........................................

CBRN testing by DEVCOM ..................................................................................................... 101,000 ........................................

NFPA 1987 certification ........................................................................................................... 90,000 ........................................

NFPA 1987 certification annual fee ......................................................................................... ........................................ 42,000 

Total .................................................................................................................................. 217,974 52,691 

Benefits 

HHS anticipates that the benefits of 

this rulemaking far outweigh the costs 

to applicants of obtaining NIOSH CUR 

approval. CURs without NIOSH 

approval currently cost from $7,500 to 

$12,000; HHS does not have information 

about the potential cost of NIOSH 

Approved CURs but expects CUR 

approval holders to recoup the full cost 

of the NIOSH approval and profit from 

the sale of CURs to end users. 

Moreover, this rulemaking would 

open up a new market segment to 

approval holders, allowing them to sell 

NIOSH Approved CURs to employers 

who are only able to purchase NIOSH 

Approved respirators as well as those 

who currently use non-NIOSH 

Approved CUR but wish to use NIOSH 

Approved respirators. Such employers 

are likely to include State and local law 

enforcement agencies in states that have 

an OSHA-approved State Plan, 

Department of Defense contractors, and 

private businesses where workers 

encounter hazards in industrial settings. 

HHS expects that employers who 

must supply workers on OSHAregulated jobsites with more than one 

type of NIOSH Approved respirator to 

protect them from more than one type 

of inhalational hazard would see a cost 

savings when those respirators are 

replaced with one NIOSH Approved 

CUR. Employers may also save 

resources by reducing employee 

trainings on multiple types of 

respirators. 

Finally, the performance requirements 

proposed in this rulemaking are 

designed to protect workers relying on 

CURs for their survival in IDLH 

atmospheres better than combination 

respirators approved pursuant to 42 CFR 

84.63(b) or CURs that are not approved 

to any performance standard. CURs 

approved under this new subpart will 


khammond on DSKJM1Z7X2PROD with PROPOSALS
18872 Federal Register / Vol. 89, No. 52 / Friday, March 15, 2024 / Proposed Rules 

14U.S. Bureau of Labor Statistics, Occupational 

Employment and Wages, May 2022: 1702112 

Industrial Engineers, https://www.bls.gov/oes/ 

current/oes172112.htm. 

demonstrate that the NIOSH Approved 

CUR maintains a minimum level of 

protection when the modes of 

protection are switched by the user, as 

needed to perform their work. The 

concurrent NFPA 1987 approval issued 

by NIOSH and the ISO 17065 

certification body ensures minimum 

performance is demonstrated for the 

respiratory and non-respiratory 

requirements needed to protect these 

users. Although HHS lacks information 

on the number of workers annually who 

rely on a CUR for their survival and the 

quantifiable benefit they would derive 

from this rule, HHS anticipates that the 

use of NIOSH Approved CURs will 

result in cost savings associated with 

reducing illness, death, or disability 

resulting from work in IDLH 

atmospheres. 

HHS encourages submission to the 

docket of any information or data that 

would inform our understanding of the 

impact of this rulemaking on regulated 

entities. 

B. 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-forprofit organizations. The Secretary 

certifies that this proposed rule would 

have ‘‘no significant economic impact 

upon a substantial number of small 

entities’’ within the meaning of the 

RFA. HHS estimates that two 

manufacturers considered to be small 

businesses are currently producing 

combination unit respirators used in 

military, law enforcement, and some 

industrial settings. HHS expects that 

any economic burden accrued through 

compliance with this rulemaking would 

not disproportionately or unfairly 

impact small CUR manufacturers and 

that any such burden would be offset by 

economic gains from compliance with 

the new CUR performance standard. 

C. 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. The 

Office of Management and Budget 

(OMB) has already approved the 

information collection and 

recordkeeping requirements for 

certification and approval of respiratory 

protective devices 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 March 31, 2024). Due to 

this proposed rule, which would allow 

for the NIOSH approval of respirators in 

a new class, combination unit 

respirators, there is likely to be a change 

in burden in the approved collection of 

information. 

Comments are invited on the 

following: (a) 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; (b) the accuracy of the 

Agency’s estimate of the burden of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents. Written comments must 

be received within 60 days of the 

publication of this notice. The addition 

of additional paperwork requirements 

resulting from this proposed rule will 

increase the burden associated with the 

addition of a new 42 CFR part 84, 

subpart P. 

Based on known manufacturers of 

combination unit respirators on the 

market, NIOSH estimates that up to 5 

respirator manufacturers may submit 

approximately 15 applications for CUR 

approvals to the National Personal 

Protective Technology Laboratory from 

April 2024 to April 2025. Each 

application is expected to require an 

average of 240 hours to complete and 

maintain. 

Accordingly, NIOSH expects 3,600 

burden hours to be attributed to 

applications for CUR approvals under 

the new subpart P. NIOSH estimates an 

average hourly wage rate of $47.39 for 

industrial engineers.14

Section Title Number of 

respondents 

Average 

responses per 

respondent 

Average 

burden per 

response 

(hr) 

Total burden 

(hr) 

84.400 .................... Combination unit respirators (CUR); description ........ 5 3 240 3,600 

Section Title 

Total 

burden hours 

(from above) 

Estimated 

hourly 

wage rate 

Total cost 

of hour burden 

84.400 .................... Combination unit respirators (CUR); description .................................... 3,600 $47.39 $170,604 

D. Unfunded Mandates Reform Act of 

1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (2 U.S.C. 

1531 et seq.) directs agencies to assess 

the effects of Federal regulatory actions 

on State, local, and Tribal governments, 

and on the private sector ‘‘other than to 

the extent that such regulations 

incorporate requirements specifically 

set forth in law.’’ Section 202 of the 

UMRA also requires that agencies assess 

anticipated costs and benefits before 

issuing any rule whose mandates 

require spending in any 1 year of $100 

million in 1995 dollars, updated 

annually for inflation. In 2023, that 

threshold is approximately $177 

million. This proposed rule does not 

mandate any requirements for State, 

local, or tribal governments, or for the 

private sector, and this rule would not 

impose a mandate that will result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of more than $177 

million in any 1 year. 

E. Executive Order 12988 (Civil Justice 

Reform) 

This proposed rule has been drafted 

and reviewed in accordance with 

Executive Order 12988 and will not 

unduly burden the Federal court 

system. This proposed rule has been 


khammond on DSKJM1Z7X2PROD with PROPOSALS

I I I 
Federal Register / Vol. 89, No. 52 / Friday, March 15, 2024 / Proposed Rules 18873 

reviewed carefully to eliminate drafting 

errors and ambiguities. 

F. Executive Order 13132 (Federalism) 

HHS has reviewed this proposed rule 

in accordance with Executive Order 

13132 regarding federalism and has 

determined that it does not have 

‘‘federalism implications.’’ The rule 

does 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.’’ 

G. 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 proposed rule on children. HHS 

has determined that the proposed rule 

would have no environmental health 

and safety effect on children. 

H. 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 proposed rule on energy supply, 

distribution, or use, and has determined 

that the proposed rule will not have a 

significant adverse effect. 

I. 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 

issuing the notice of proposed 

rulemaking consistent with the Federal 

Plain Writing Act guidelines but notes 

that these standards are technical in 

nature. 

List of Subjects in 42 CFR Part 84 

Fees, Incorporation by reference, 

Labeling, Laboratories, Mine safety and 

health, Occupational safety and health, 

Personal protective equipment, 

Respirators. 

For the reasons discussed in the 

preamble, the Department of Health and 

Human Services proposes to amend 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., and 

657(g); 30 U.S.C. 3, 5, 7, 811, 842(h), 844. 

Subpart A—General Provisions 

■ 2. Amend § 84.2 by revising the 

definition for ‘‘Applicant’’ and adding 

the definitions for ‘‘Approval holder’’ 

and ‘‘NIOSH Certified Equipment List’’ 

in alphabetical order to read as follows: 

§ 84.2 Definitions. 

Applicant means an individual, 

partnership, company, corporation, 

association, or other organization that 

controls the design, manufactures, and 

controls the assembly of a respirator and 

who seeks to obtain a certificate of 

approval for such respirator. The 

applicant demonstrates responsibility 

for, and control of, product design, 

performance, configuration 

management, manufacture, quality, and 

support. The applicant may be an 

existing approval holder. 

* * * * * 

Approval holder means an applicant 

who has successfully received and 

maintains at least one approval 

currently listed on the NIOSH Certified 

Equipment List. The approval holder 

maintains responsibility for, and control 

of, product design, performance, 

configuration management, quality, and 

support. 

* * * * * 

NIOSH Certified Equipment List (CEL) 

means a directory maintained by NIOSH 

of respirators which have been granted 

approval. 

* * * * * 

Subpart B—Application for Approval 

§ 84.10 [Amended] 

■ 3. Amend § 84.10(d) by replacing 

‘‘manufacturers’’ with ‘‘approval 

holders’’. 

Subpart C—Fees 

§ 84.22 (c) [Amended] 

■ 4. Amend § 84.22(c) by removing 

‘‘manufacturer’’ and adding in its place 

‘‘applicant or approval holder’’. 

Subpart D—Approval and Disapproval 

§ 84.30 [Amended] 

■ 5. Amend § 84.30(a) by removing ‘‘H 

through L’’ and adding in its place ‘‘H 

through P’’. 

Subpart F—Classification of Approved 

Respirators; Scope of Approval; 

Atmospheric Hazards; Service Time 

§ 84.50 [Amended] 

■ 6. Amend § 84.50 by removing ‘‘G 

through L’’ and adding in its place ‘‘G 

through P’’. 

§ 84.51 [Amended] 

■ 7. Amend § 84.51 by removing ‘‘H 

through L’’ and adding in its place ‘‘H 

through P’’. 

§ 84.52 [Amended] 

■ 8. Amend § 84.52 by removing ‘‘H 

through L’’ and adding in its place ‘‘H 

through P’’. 

§ 84.53 [Amended] 

■ 9. Amend § 84.53(a) by removing ‘‘H 

through L’’ and adding in its place ‘‘H 

through P’’. 

Subpart G—General Construction and 

Performance Requirements 

§ 84.60 [Amended] 

■ 10. Amend § 84.60(a) by removing ‘‘H 

through O’’ and adding in its place ‘‘H 

through P’’ and (b) by removing ‘‘H 

through L’’ and adding in its place ‘‘H 

through P’’. 

§ 84.63 [Amended] 

■ 11. Amend § 84.63 by: 

■ A. In paragraphs (a) and (c) remove ‘‘H 

through O’’ and add in its place ‘‘H 

though P’’. 

■ B. In paragraph (b) removing the 

phrase ‘‘except as specified in 

§ 84.70(b)(2)’’ and adding in its place 

the phrase ‘‘except as specified in 

§ 84.70(b)(2) and subpart P’’. 

§ 84.64 [Amended] 

■ 12. Amend § 84.64 by removing ‘‘H 

through O’’ and adding in its place ‘‘H 

through P’’. 

§ 84.65 [Amended] 

■ 13. Amend § 84.65 by removing ‘‘H 

through O’’ and adding in its place ‘‘H 

through P’’. 

Subpart J—Supplied-Air Respirators 

§ 84.149 [Amended] 

■ 14. In § 84.149, amend paragraph (b) 

by removing ‘‘manufacturer’’ and 

adding in its place ‘‘applicant’’ and 

amend paragraph (d)(2) by removing 

‘‘manufacturer’s’’ and adding in its 

place ‘‘applicant’s’’. 

Subpart K—Air-Purifying Particulate 

Respirators 

§ 84.171 [Amended] 

■ 15. Amend § 84.171(b) by removing 

‘‘The respirator manufacturer, as part of 

the application for certification,’’ and 

adding in its place ‘‘The applicant’’. 

§ 84.172 [Amended] 

■ 16. Amend § 84.172(b) by removing 

‘‘manufacturer’’ and adding in its place 

‘‘applicant’’. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
18874 Federal Register / Vol. 89, No. 52 / Friday, March 15, 2024 / Proposed Rules 

Subpart N—Special Use Respirators 

§ 84.252 [Amended] 

■ 17. Amend § 84.252 by removing 

‘‘manufacturer’s’’ and removing ‘‘a 

manufacturer’’ and adding in its place 

‘‘an applicant’’. 

§ 84.257 [Amended] 

■ 18. Amend § 84.257(a) by removing 

‘‘manufacturer’s’’ and adding in its 

place ‘‘approval holder’s’’. 

Subpart O—Closed-Circuit Escape 

Respirators 

§ 84.301 [Amended] 

■ 19. Amend § 84.301(c) by removing 

‘‘manufacturer-requested’’ and adding 

in its place ‘‘approval holderrequested’’. 

§ 84.302 [Amended] 

■ 20. Amend § 84.302(a)(2) and (c) by 

removing ‘‘manufacturer’’ and adding in 

its place ‘‘applicant’’. 

§ 84.304 [Amended] 

■ 21. Amend § 84.304(a)(3) and (c) by 

removing ‘‘manufacturer’’ and adding in 

its place ‘‘applicant’’. 

§ 84.305 [Amended] 

■ 22. Amend § 84.305(d) by removing 

‘‘manufacturer’s’’ and adding in its 

place ‘‘applicant’s’’. 

§ 84.306 [Amended] 

■ 23. Amend § 84.306(b)(1) by removing 

‘‘manufacturer’’ and adding in its place 

‘‘applicant’’. 

§ 84.309 [Amended] 

■ 24. Amend § 84.309(d) by removing 

‘‘manufacturer’’ and adding in its place 

‘‘applicant’’. 

■ 25. Add subpart P to read as follows: 

Subpart P—Combination Unit 

Respirators 

Sec. 

84.400 Combination unit respirators (CUR); 

description. 

84.401 Technical specifications and 

performance requirements. 

84.402 General construction and approval 

requirements. 

§ 84.400 Combination unit respirators 

(CUR); description. 

(a) Combination unit respirators 

including all completely assembled 

respirators are designed for use as 

respiratory protection during: 

(1) Entry into or escape from 

atmospheres immediately dangerous to 

life or health, when active in the opencircuit self-contained operational mode, 

and 

(2) Entry into atmospheres not 

immediately dangerous to life or health, 

or escape only from hazardous 

atmospheres containing adequate 

oxygen to support life when active in 

the air-purifying or powered airpurifying operational mode. 

(b) A respirator that meets the 

minimum requirements for such 

respirators set forth in this subpart will 

be classified as a combination unit 

respirator. 

§ 84.401 Technical specifications and 

performance requirements. 

(a) Combination unit respirators must 

meet those respiratory protection 

performance requirements established 

in NFPA 1987, Standard on 

Combination Unit Respirator Systems 

for Tactical and Technical Operations, 

2023 edition, specified in paragraphs 

(a)(1), (2), (3), and (4) of this section. 

Accordingly, the NFPA 1987 

performance requirements in Chapter 7, 

specified in paragraphs (a)(1), (2), (3,), 

and (4), are incorporated by reference 

into this section and have been 

approved by the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. This material 

is available for inspection at the 

National Institute for Occupational 

Safety and Health (NIOSH) and at the 

National Archives and Records 

Administration (NARA). Contact NIOSH 

at National Personal Protection 

Technology Laboratory, P.O. Box 18070, 

626 Cochrans Mill Road, Pittsburgh, PA 

15236. To arrange for an inspection at 

NIOSH, call 412–386–6111 or email 

PPEConcerns@cdc.gov. For information 

on the availability of this material at 

NARA, visit www.archives.gov/federalregister/cfr/ibr-locations or email 

fr.inspection@nara.gov. The material 

may be obtained from the National Fire 

Protection Association at: phone: 800– 

344–3555; email: custserv@nfpa.org; 

website: https://www.nfpa.org/codesand-standards/all-codes-and-standards/ 

list-of-codes-and-standards/ 

detail?code=1987. 

(1) CUR system performance 

requirements: 

NFPA 1987 performance requirements NFPA 1987 

section 

(i) Chemical Agent Permeation and Penetration Resistance against Distilled Sulfur Mustard (HD) and Sarin (GB) Performance Requirements ............................................................................................................................................................................................ 7.1.1 

(ii) Laboratory Respiratory Protection Level (LRPL) ............................................................................................................................... 7.1.2 

(iii) Flexible Facepiece Lens Abrasion Resistance Performance ............................................................................................................ 7.1.5 

(2) CUR/open-circuit self-contained 

mode performance requirements: 

NFPA 1987 performance requirements NFPA 1987 

section 

(i) Service Time Performance .................................................................................................................................................................. 7.2.2 

(ii) Human Subject Performance Test for Low-Temperature Operations ............................................................................................... 7.2.3 

(iii) Human Subject Performance Tests During Physical Exertions ........................................................................................................ 7.2.4 

(iv) Integrity of Couplings Performance ................................................................................................................................................... 7.2.5 

(v) CUR Standby Air Supply Airflow Performance .................................................................................................................................. 7.2.6 

(vi) CUR Connection to a Standby Air Source Performance .................................................................................................................. 7.2.7 

(vii) CUR Air Flow Capabilities in Event of Second-Stage Regulator Failure Performance ................................................................... 7.2.8 

(viii) CUR Gauge Accuracy Performance ................................................................................................................................................ 7.2.9 


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Federal Register / Vol. 89, No. 52 / Friday, March 15, 2024 / Proposed Rules 18875 

(3) CUR/powered air-purifying mode 

performance requirements: 

NFPA 1987 performance requirements NFPA 1987 

section 

(i) PAPR Airflow Performance ................................................................................................................................................................. 7.3.1 

(ii) PAPR Silica Dust Loading Performance ............................................................................................................................................ 7.3.2 

(iii) Airflow Resistance Performance in Breath-Responsive, Powered Air-Purifying Respirators ........................................................... 7.3.3 

(iv) PAPR Performance with the Blower Off ........................................................................................................................................... 7.3.4 

(4) CUR/air-purifying mode 

performance requirements: 

NFPA 1987 performance requirements NFPA 1987 

section 

(i) Breathing Resistance .......................................................................................................................................................................... 7.4.1 

(ii) Hydration Leakage ............................................................................................................................................................................. 7.4.2 

(iii) Canister Test Challenge and Test Breakthrough Concentrations .................................................................................................... 7.4.3 

(iv) Particulate/Aerosol Canister .............................................................................................................................................................. 7.4.4 

(v) Low-Temperature/Fogging ................................................................................................................................................................. 7.4.5 

(vi) ESLI Drop Test for Canisters ............................................................................................................................................................ 7.4.6 

(vii) ESLI Test for Canisters .................................................................................................................................................................... 7.4.7 

(b) To the extent there is a conflict 

between the terms or provisions of 

NFPA 1987 and this part, the provisions 

of this part control. 

§ 84.402 General construction and 

approval requirements. 

(a) Each CUR must meet the minimum 

construction requirements set forth in 

subpart G of this part. 

(b) Applications for NFPA 1987 

certification must be submitted to a 

conformity assessment body accredited 

to ISO/IEC 17065, Conformity 

Assessment—Requirements for Bodies 

Certifying Products, Processes and 

Services, at the same time the CUR 

approval application is submitted to 

NIOSH. NIOSH approval is contingent 

upon and will be issued in conjunction 

with NFPA 1987 certification. 

Xavier Becerra, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2024–03849 Filed 3–14–24; 8:45 am] 

BILLING CODE 4163–18–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 25 

[IB Docket Nos. 22–271, 22–272; FCC 24– 

21; FR ID 207048] 

Space Innovation; Facilitating 

Capabilities for In-Space Servicing, 

Assembly, and Manufacturing 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission (FCC or 

Commission) adopted a Notice of 

Proposed Rulemaking that seeks 

comment on a proposed new framework 

for licensing space stations engaged in 

in-space servicing, assembly, and 

manufacturing (ISAM). 

DATES: Comments are due on or before 

April 29, 2024. Reply comments are due 

on or before May 29, 2024. 

ADDRESSES: You may submit comments, 

identified by IB Docket Nos. 22–271 and 

22–272, by any of the following 

methods: 

• Electronic Filers. Comments may be 

filed electronically using the internet by 

accessing the ECFS, http://apps.fcc.gov/ 

ecfs. 

• Paper Filers. Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

• Filings can be sent by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, DA 20–304 (March 19, 2020). 

https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. 

Persons with Disabilities. To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice) or 202– 

418–0432 (TTY). 

FOR FURTHER INFORMATION CONTACT: 

Jameyanne Fuller, Space Bureau, 

Satellite Programs and Policy Division, 

202–418–0945, jameyanne.fuller@

fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking (NPRM), in IB 

Docket Nos. 22–271 and 22–272; FCC 

24–21, adopted February 15, 2024, and 

released February 16, 2024. The full text 

of this document is available at https:// 

docs.fcc.gov/public/attachments/FCC24-21A1.pdf. 

Ex Parte Presentations 

The Commission will treat this 

proceeding as a ‘‘permit-but-disclose’’ 

proceeding in accordance with the 

Commission’s ex parte rules. Persons 

making ex parte presentations must file 

a copy of any written presentation or a 

memorandum summarizing any oral 

presentation within two business days 

after the presentation (unless a different 


khammond on DSKJM1Z7X2PROD with PROPOSALS