[Federal Register Volume 59, Number 99 (Tuesday, May 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11944]
[[Page Unknown]]
[Federal Register: May 24, 1994]
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Part III
Department of Labor
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Mine Safety and Health Administration
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30 CFR Parts 11, 70, and 71
Respiratory Protective Devices; Proposed Rule
DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 11, 70, and 71
Respiratory Protective Devices
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Proposed rule.
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SUMMARY: This proposal would remove existing rules for the joint
approval of respiratory protective equipment by the Mine Safety and
Health Administration (MSHA) and the National Institute for
Occupational Safety and Health (NIOSH), U.S. Department of Health and
Human Services. The existing rules would be replaced by revised
approval procedures and technical requirements for respirators being
proposed by NIOSH in a separate rulemaking. The existing rules, which
are currently administered jointly by NIOSH and MSHA, would be replaced
by new rules, which will be administered solely by NIOSH, with joint
certification and approval by NIOSH and MSHA of certain specified
mining-related devices. Removal of the existing rules would be
contingent upon the NIOSH rulemaking becoming final. Existing
provisions for the selection, use, and maintenance of respirators at
coal mines would be retained and recodified. This notice should be read
in conjunction with the proposed rule published by NIOSH elsewhere in
today's Federal Register.
DATES: Written comments must be submitted on or before July 25, 1994.
ADDRESSES: Send written comments to the Mine Safety and Health
Administration (MSHA), Office of Standards, Regulations, and Variances,
room 631, Ballston Tower No. 3, 4015 Wilson Boulevard, Arlington,
Virginia 22203.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, Office
of Standards, Regulations, and Variances, MSHA (703) 235-1910.
SUPPLEMENTARY INFORMATION:
I. Background
The existing rules and procedures in 30 CFR part 11 for approval of
respiratory protective devices, or respirators, evolved from rules and
procedures developed by the U.S. Department of the Interior, Bureau of
Mines. Until 1972, the Bureau of Mines was solely responsible for
testing and approving respirators. In 1972, the Bureau of Mines and
NIOSH jointly published 30 CFR part 11. These regulations replaced the
Bureau of Mines' rules and procedures, and delineated the
responsibilities of the two agencies. Under these regulations, the
Bureau of Mines evaluated respirator performance, and NIOSH was
responsible for administration of the quality control provisions. The
Bureau of Mines also tested the safety of electrical components of
respirators intended for use in potentially explosive atmospheres in
underground gassy mines (intrinsic safety) under the requirements of 30
CFR part 18.
A Memorandum of Understanding between the two agencies of May 30,
1972, refined their respective roles and in 1973, part 11 was amended.
Under this arrangement, NIOSH undertook primary responsibility for
performance testing of respirators. Although all approvals continued to
be issued jointly, the Bureau of Mines principally retained only the
responsibility to test for intrinsic safety the small number of
respirators with electrical components intended for use in gassy
underground mines.
In 1974, the Mining Enforcement and Safety Administration, MSHA's
predecessor agency, was created and the responsibilities of the Bureau
of Mines under part 11 were transferred to that agency. Since it was
created in 1978, MSHA has continued to test electrical components of
certain respirators for intrinsic safety and has issued separate
approvals for respirators meeting the requirements of 30 CFR part 18.
While MSHA currently reviews applications for respirator approvals and
has conducted some product evaluations, laboratory testing, quality
assurance, and product audit for certain respirators, the testing and
certification activities specified by part 11 are primarily conducted
by NIOSH.
II. Discussion of Proposal
Elsewhere in today's Federal Register, NIOSH is proposing in a
separate rulemaking to transfer requirements for the approval of
respiratory protective equipment to 42 CFR part 84, and upgrade the
testing requirements for particulate filters. Under the NIOSH proposal,
MSHA and NIOSH would continue to review and approve respirators jointly
for mine emergencies and mine rescue, and their associated service-life
plans and users' manuals. Among the types of devices which would
continue to be subject to joint approval are self-contained, self-
rescue devices. Retention of joint approval under the NIOSH proposal
would preserve MSHA's role in the certification of certain respirators
whose unique use in mining is an important part of safeguarding the
health and safety of miners. In addition, MSHA would continue to test
electrical components of certain respirators to be used in mines and
issue a separate MSHA approval under 30 CFR part 18 for such
respirators.
In implementing the proposed regulation, NIOSH and MSHA will
develop a new Memorandum of Understanding (MOU) which will reflect the
roles of both agencies in the respirator approval program. For example,
the MOU will provide that NIOSH will notify MSHA immediately of field
complaints and identified deficiencies concerning approved respirators.
MSHA's rulemaking would remove part 11 from title 30. Removal of
part 11 would, however, be contingent on publication of the NIOSH
proposal as a final rule. All existing MSHA respirator use provisions
in part 11 would be retained and recodified in 30 CFR parts 70 and 71.
Commenters responding to the separate NIOSH proposal to revise the
particulate filter provisions should direct those comments to NIOSH, to
be included in the appropriate rulemaking record. The issue of MSHA's
role in the approval of respirators will also be the subject of the
NIOSH proposal and, therefore, commenters should direct responses on
this issue to both MSHA and NIOSH. Both rulemaking activities will be
coordinated to ensure that the level of protection afforded to miners
and other affected workers is maintained at all times during the
transition period. All technical data and commenter information will be
shared by the respective agencies.
III. Other Sections Affected
After the title 42 rulemaking is completed and part 11 is removed,
MSHA anticipates that conforming nomenclature revisions would be needed
in standards in title 30 that reference the use of approved
respirators.
These conforming nomenclature revisions may require that references
be made to NIOSH, or that references to MSHA or the Secretary of Labor
be deleted. Nothing in the anticipated nomenclature revisions would
change the compliance responsibility of mine operators, who would
continue to be required to provide miners with ``approved''
respirators.
IV. Executive Order 12866 and Regulatory Flexibility Act
This is not a significant rule under Executive Order 12866. In
addition, this rule would not have a significant economic impact on a
substantial number of small entities. Therefore, a regulatory
flexibility analysis is not been prepared.
V. Paperwork Reduction Act
The recordkeeping and reporting requirements in 30 CFR part 11
would be transferred to 42 CFR part 84 under NIOSH. Comments on these
requirements should be addressed directly to NIOSH.
List of Subjects in 30 CFR Parts 11, 70, and 71
Administrative practice and procedure, Mine safety and health,
Reporting and recordkeeping requirements.
Dated: May 11, 1994.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
Accordingly, under the authority of 30 U.S.C. 957, it is proposed
to amend subchapter B and subchapter O, chapter I, title 30 of the Code
of Federal Regulations as follows:
[Secs. 11.2-1 and 11.4 Redesignated as Secs. 70.310 and 71.710]
1. Sections 11.2-1 and 11.4 are redesignated as Secs. 70.310 in
subpart D of part 70 and 71.710 in subpart H of part 71, respectively.
PART 11--[REMOVED]
1. Part 11 is removed.
PART 70--[AMENDED]
1. The authority citation for part 70 continues to read as follows:
Authority: 30 U.S.C. 811, 813(h), 957, and 961.
2. Newly redesignated Sec. 70.310 is revised to read as follows:
Sec. 70.310 Selection, fit, use, and maintenance of approved
respirators.
In order to assure the maximum amount of respiratory protection,
approved respirators shall be selected, fitted, used, and maintained in
accordance with the provisions of the American National Standards
Institute's ANSI Z88.2-1969, ``Practices for Respiratory Protection,''
which is hereby incorporated by reference. This publication may be
obtained from the American National Standards Institute, Inc., 1430
Broadway, New York, NY 10018, and may be inspected at any Coal Mine
Health and Safety District and Subdistrict Office, or at MSHA's Office
of Standards, 4015 Wilson Boulevard, Arlington, VA, and at the Office
of the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51.
PART 71--[AMENDED]
1. The authority citation for part 71 is revised to read as
follows:
Authority: 30 U.S.C. 811, 957, and 961.
2. Newly redesignated Sec. 71.710 is revised to read as follows:
Sec. 71.710 Selection, fit, use, and maintenance of approved
respirators.
In order to assure the maximum amount of respiratory protection,
approved respirators shall be selected, fitted, used, and maintained in
accordance with the provisions of the American National Standards
Institute's ANSI Z88.2-1969, ``Practices for Respiratory Protection,''
which is hereby incorporated by reference. This publication may be
obtained from the American National Standards Institute, Inc., 1430
Broadway, New York, NY 10018, and may be inspected at any Coal Mine
Health and Safety District and Subdistrict Office, or at MSHA's Office
of Standards, 4015 Wilson Boulevard, Arlington, VA, and at the Office
of the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51.
[FR Doc. 94-11944 Filed 5-19-94; 9:44 am]
BILLING CODE 4510-43-P
