Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Proposed Rules 23815 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 84 

[Docket Number NIOSH–109] 

RIN 0920–AA04 

Quality Assurance Requirements for 

Respirators 

AGENCY: Centers for Disease Control and 

Prevention, HHS. 

ACTION: Notice of proposed rulemaking; 

reopening of comment period. 

SUMMARY: The Department of Health and 

Human Services (DHHS) is reopening 

the comment period until October 9, 

2009 for the Notice of Proposed 

Rulemaking on Quality Assurance 

Requirements for Respirators that was 

published in the Federal Register on 

Wednesday, December 10, 2008 (73 FR 

75045). The comment period previously 

closed on April 10, 2009. 

DATES: All written comments on the 

proposed rule must be received on or 

before October 9, 2009. 

ADDRESSES: You may submit comments, 

identified by RIN: 0920–AA04, by any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: niocindocket@cdc.gov. 

Include ‘‘RIN: 0920–AA04’’ and ‘‘42 

CFR pt. 84’’ in the subject line of the 

message. 

• Mail: NIOSH Docket Office, Docket 

#109, Robert A. Taft Laboratories, MS– 

C34, 4676 Columbia Parkway, 

Cincinnati, OH 45226. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

rulemaking, RIN: 0920–AA04. All 

comments received will be posted 

without change to http://www.cdc.gov/ 

niosh/docket, including any personal 

information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.cdc.gov/niosh/docket. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan V. Szalajda, NIOSH, National 

Personal Protective Technology 

Laboratory (NPPTL), Post Office Box 

18070, 626 Cochrans Mill Road, 

Pittsburgh, Pennsylvania 15236, 

telephone (412) 386–5200, facsimile 

(412) 386–4089, e-mail zfx1@cdc.gov. 

SUPPLEMENTARY INFORMATION: The 

Department of Health and Human 

Services published a proposed rule on 

the Quality Assurance Requirements for 

Respirators on December 10, 2008 and 

requested comments on this proposed 

rule on or before February 9, 2009 (73 

FR 75045). On March 4, 2009, the 

Department announced two public 

meetings and reopened the comment 

period for the proposed rule until April 

10, 2009 (74 FR 9381). The Department 

held the two public meetings on March 

23, 2009 and March 30, 2009. A 

commenter requested that the 

Department extend the public comment 

period, noting that the costs associated 

with the proposed QA requirements 

related to inspections, audits, 

documentation, complaint management, 

and document control administration 

are significant. The Department believes 

that the request to re-open the comment 

period is reasonable. Therefore, we are 

reopening the comment period for this 

proposal until October 9, 2009. 

Dated: May 15, 2009. 

Ashley Files Flory, 

Acting Executive Secretary to the Department. 

[FR Doc. E9–11947 Filed 5–20–09; 8:45 am] 

BILLING CODE 4163–18–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket 03–123; FCC 09–39] 

Telecommunications Relay Services 

and Speech-to-Speech Services for 

Individuals With Hearing and Speech 

Disabilities 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission seeks comment on whether 

it should adopt new Video Relay 

Service (VRS) reimbursement rates that 

reflect the cost data in the fund 

administrator’s recent filing with the 

FCC, rather than continuing the current 

rates. 

DATES: Comments are due June 4, 2009. 

Reply comments are due on or before 

June 11, 2009. 

ADDRESSES: Interested parties may 

submit comments identified by CG 

Docket No. 03–123, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting electronic 

filings. 

• Federal Communications 

Commission’s Web Site: http:// 

www.fcc.gov/cgb/ecfs. Follow the 

instructions for submitting electronic 

filings. In completing the transmittal 

screen, filers should include their full 

name, U.S. Postal Service mailing 

address, and CG Docket No. 03–123. 

Parties may also submit an electronic 

comment by Internet e-mail. To get 

filing instructions, filers should send an 

e-mail to ecfs@fcc.gov, and include the 

following words in the body of the 

message, ‘‘get form <your e-mail 

address>.’’ A sample form and 

directions will be sent in response. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. Filings can be 

sent by hand or messenger delivery, by 

commercial overnight courier, or by 

first-class or overnight U.S. Postal 

Service mail (although the Commission 

continues to experience delays in 

receiving U.S. Postal Service mail). All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• The Commission’s contractor will 

receive hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary at 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002. The filing hours 

at this location are 8 a.m. to 7 p.m. All 

hand deliveries must be held together 

with rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. 

• Commercial mail sent by overnight 

mail (other than U.S. Postal Service 

Express Mail and Priority Mail) must be 

sent to 9300 East Hampton Drive, 

Capitol Heights, MD 20743. 

• U.S. Postal Service first-class, 

Express, and Priority mail should be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. 

To request materials in accessible 

formats for people with disabilities 

(braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer 

and Governmental Affairs Bureau at 

(202) 418–0530 (voice), (202) 418–0432 

(TTY). FCC 09–39 can also be 

downloaded in Word or Portable 

Document Format (PDF) at: http:// 

www.fcc.gov/cgb/dro/trs.html. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Chandler, Consumer and 

Governmental Affairs Bureau, Disability 

Rights Office, at (202) 418–1475 (voice), 

(202) 418–0597 (TTY), or e-mail: 

Thomas.Chandler@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

Telecommunications Relay Services and 

Speech-to-Speech Services for 

Individuals with Hearing and Speech 

Disabilities, Notice of Proposed 

Rulemaking, document FCC 09–39, 


dwashington3 on PROD1PC60 with PROPOSALS-1
23816 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Proposed Rules 

adopted May 12, 2009 and released May 

14, 2009 (NPRM), in CG Docket No. 03– 

123, seeking comment on whether the 

Commission should adjust VRS rates for 

the 2009–2010 Fund year. The full text 

of FCC 09–39 and subsequently filed 

documents in this matter are available 

for public inspection and copying 

during regular business hours at the 

FCC Reference Information Center, 

Portals II, 445 12th Street, SW., Room 

CY–A257, Washington, DC 20554. They 

may also be purchased from the 

Commission’s duplicating contractor at 

Portals II, 445 12th Street, SW., Room 

CY–B402, Washington, DC 20554; the 

contractor’s Web site, http:// 

www.bcpiweb.com; or by calling (800) 

378–3160. FCC 09–39 and subsequently 

filed documents in this matter may also 

be found by searching ECFS at http:// 

www.fcc.gov/cgb/ecfs (insert CG Docket 

No. 03–123 into the Proceeding block). 

To request materials in accessible 

formats for people with disabilities 

(braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer 

and Governmental Affairs Bureau at 

(202) 418–0530 (voice), (202) 418–0432 

(TTY). FCC 09–39 can also be 

downloaded in Word or Portable 

Document Format (PDF) at: http:// 

www.fcc.gov/cgb/dro/trs.html. 

Initial Paperwork Reduction Act of 

1995 Analysis 

The NPRM does not contain proposed 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Synopsis 

In the NPRM, the Commission seeks 

comment on whether it should 

recalculate the VRS rates established in 

Telecommunications Relay Services and 

Speech-to-Speech Services for 

Individuals with Hearing and Speech 

Disabilities, Report and Order and 

Declaratory Ruling, CG Docket No. 03– 

123, FCC 07–186, published at 73 FR 

44170, July 30, 2008 (2007 TRS Rate 

Methodology Order) for the 2009–2010 

Fund year based on recent data 

reflecting the actual costs of providing 

this service. The funding requirement 

for all forms of TRS has grown from 

approximately $64 million for the 2002– 

2003 Fund year (the first year VRS was 

widely offered) to a proposed 

$890,992,075 for the 2009–2010 Fund 

year, and VRS continues to represent an 

increasingly large percentage of the total 

Fund size (for 2009–2010, 123,844,666 

projected minutes of use, with payments 

totaling approximately $779,873,811, or 

87 percent of the total Fund). The NPRM 

notes that the VRS rates adopted in 2007 

may not accurately reflect the providers’ 

reasonable actual costs of providing 

service in compliance with FCC rules. 

Current data show that VRS providers’ 

average actual costs per minute were 

$4.5568 in 2006, $3.9950 in 2007, and 

$4.1393 in 2008. 

The Commission, therefore, seeks 

comment on whether, for the 2009–2010 

Fund year, it should adopt new VRS 

rates that correlate to providers’ cost 

data, rather than continuing to base 

rates on the 2007 TRS Rate Methodology 

Order. 

Initial Regulatory Flexability Act 

The Regulatory Flexibility Act of 

1980, as amended (RFA), requires that 

an initial regulatory flexibility analysis 

be prepared for notice-and-comment 

rulemaking proceedings, unless the 

agency certifies that ‘‘the rule will not, 

if promulgated, have a significant 

economic impact on a substantial 

number of small entities.’’ The RFA 

generally defines the term ‘‘small 

entity’’ as having the same meaning as 

the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

jurisdiction.’’ In addition, the term 

‘‘small business’’ has the same meaning 

as the term ‘‘small business concern’’ 

under the Small Business Act. A ‘‘small 

business concern’’ is one that: (1) Is 

independently owned and operated; (2) 

is not dominant in its field of operation; 

and (3) satisfies any additional criteria 

established by the Small Business 

Administration (SBA). The NPRM seeks 

comment on a proposal for recalculating 

the VRS rates for the 2009–2010 Fund 

year based on recent data reflecting the 

actual costs of providing this service. 

The Commission notes that the funding 

requirement has grown from 

approximately $64 million for the 2002– 

2003 Fund year to a proposed 

$890,992,075 for the 2009–2010 Fund 

year, and that VRS continues to 

represent an increasingly large 

percentage of the total Fund size (for 

2009–2010, 123,844,666 projected 

minutes of use, with payments totaling 

approximately $779,873,811, or 87 

percent). The Commission also notes 

that the Fund administrator has 

indicated that VRS providers’ average 

actual cost per minute was $4.5568 in 

2006, $3.9950 in 2007, and $4.1393 in 

2008. The Commission now has the 

benefit of experience with two VRS rate 

cycles since the adoption of the 2007 

TRS Rate Methodology Order, and the 

VRS rates adopted in that order may not 

accurately reflect the providers’ 

reasonable actual costs of providing 

service in compliance with our rules. 

The Commission therefore seeks 

comment on whether to adopt new VRS 

rates that reflect providers’ cost data, 

rather than continue to base rates on the 

2007 TRS Rate Methodology Order that 

may result in the overpayment of 

providers contrary to section 225 and 

our rules. The Commission believes this 

action is consistent with its duty to 

protect the integrity of the Fund and 

American consumers who pay into the 

Fund, and with the statutory mandate to 

ensure that TRS is offered ‘‘in the most 

efficient manner’’ to persons with 

hearing and speech disabilities, 47 

U.S.C. 225(b)(1); see also Telecator 

Network of America v. FCC, 691 F.2d 

525, 550 n. 191 (DC Cir. 1982) (‘‘The 

Commission has an ongoing obligation 

to monitor its regulatory programs and 

make adjustments in light of actual 

experience. * * * This duty to finetune 

its regulatory approach as more 

information becomes available is 

necessarily the price of leeway the 

courts accord the Commission to pursue 

plans and policies bottomed on 

informed prediction.’’). 

Ordering Clauses 

Pursuant to Sections 1, 4(i) and (o), 

225, 303(r), 403, 624(g), and 706 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i) and (o), 

225, 303(r), 403, 554(g), and 606, the 

Notice of Proposed Rulemaking is 

adopted. 

The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, SHALL SEND a 

copy of the Notice of Proposed 

Rulemaking, including the Initial 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–11934 Filed 5–20–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[WP Docket No. 07–100; FCC 09–29] 

Private Land Mobile Radio Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 


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