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How to Petition NIOSH to Initiate Rulemaking Activity Related to the Approval of Respiratory Protective Devices

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This page was created as a mechanism for interested parties to submit petitions to NIOSH to initiate new rulemaking or changes to existing rules related to the approval of respiratory protective devices. This page is not to be used to submit comment on something that is or may be in the rulemaking process. Comments on issues in the rulemaking process should be submitted through regulations.gov.

Under the Administrative Procedure Act (5 U.S.C. § 553(e)), each agency must give an interested person the right to petition that agency for the issuance, amendment, or repeal of a rule.

A rulemaking petition must include the following information:

  1. Your name and the name of the organization you represent, if applicable, and contact information, including mailing address, email address, and phone number. NIOSH may contact you with questions or clarifications about your petition.
  2. An explanation of your proposed action (addition of a new rule, or revision or removal of an existing rule) and its purpose.
  3. The language you propose for a new or amended rule, or the language you would remove from an existing rule, or the existing rule you would like repealed.
  4. An explanation of why your proposed action would be in the public interest.
  5. Information and/or arguments that support and demonstrate the need for your proposed action, including any relevant journal articles or other references, and technical and scientific data. If possible, please include information or data pertaining to the costs, benefits, or other possible burdens or impacts of your proposed action.

You do not need to be or work with a lawyer to file a rulemaking petition. However, if you are aware of a specific statute or regulation relevant to your petition, it is helpful to include such information in your supporting argument. Please include any other pertinent information that will enable NIOSH to fully and efficiently consider your petition.

Submissions should be emailed to NIOSHregs@cdc.gov

Or, mailed to: NIOSH NPPTL, Office of the Director, 626 Cochrans Mill Road, Pittsburgh, PA 15236

Once it is determined that your submission is valid (addressed all five criteria listed above) you will receive an acknowledgement.