Proposed Rule2025-11743
Powered Air Purifying Respirators (PAPRs) in Underground Mines
Primary source
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Published
July 1, 2025
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
MSHA is proposing to allow the use of non-permissible Powered Air Purifying Respirators (PAPRs) in specified underground areas of mines, if the equipment meets certain technical specifications and is operated under specific conditions. This proposed rule would codify technical specifications and working conditions to allow the use of non-permissible PAPRs in underground gassy mines. This proposed rule would reduce burden because mine operators would no longer need to submit a petition for modification to use non-permissible PAPRs.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28406-28418]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11743]
[[Page 28406]]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 57 and 75
[Docket No. MSHA-2025-0089]
RIN 1219-AC17
Powered Air Purifying Respirators (PAPRs) in Underground Mines
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Proposed rule; request for comments.
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SUMMARY: MSHA is proposing to allow the use of non-permissible Powered
Air Purifying Respirators (PAPRs) in specified underground areas of
mines, if the equipment meets certain technical specifications and is
operated under specific conditions. This proposed rule would codify
technical specifications and working conditions to allow the use of
non-permissible PAPRs in underground gassy mines. This proposed rule
would reduce burden because mine operators would no longer need to
submit a petition for modification to use non-permissible PAPRs.
DATES: Comments must be received on or before July 31, 2025.
ADDRESSES: All submissions must include RIN 1219-AC17 or Docket No.
MSHA-2025-0089. You should not include personal or proprietary
information that you do not wish to disclose publicly. If you mark
parts of a comment as ``business confidential'' information, MSHA will
not post those parts of the comment. Otherwise, MSHA will post all
comments without change, including any personal information provided.
MSHA cautions against submitting personal information.
You may submit comments and informational materials, clearly
identified by RIN 1219-AC17 or Docket No. MSHA-2025-0089, by any of the
following methods:
1. Federal E-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the online instructions for submitting comments for MSHA-2025-0089.
2. Email: <a href="/cdn-cgi/l/email-protection#3c4646716f747d115f5351515952484f7c585350125b534a"><span class="__cf_email__" data-cfemail="3f4545726c777e125c5052525a514b4c7f5b505311585049">[email protected]</span></a>. Include ``RIN 1219-AC17'' in the
subject line of the message.
3. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, Room C3522, 200 Constitution Avenue NW,
Washington, DC 20210. Before visiting MSHA in person, call 202-693-9440
to make an appointment.
No telefacsimiles (``faxes'') will be accepted.
FOR FURTHER INFORMATION CONTACT: Jessica D. Senk, Acting Director,
Office of Standards, Regulations, and Variances, MSHA at 202-693-9440
(voice). This is not a toll-free number.
SUPPLEMENTARY INFORMATION:
I. Background
Approved Electrical Products
PAPRs are electric, reusable respirators that protect against a
variety of respirable contaminants when equipped with the appropriate
filter, cartridge, or canister. PAPRs use a battery-powered fan to pull
air through the attached filter, cartridge, or canister.
The Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801)
(Mine Act) requires MSHA to establish requirements for the technical
design, construction, and testing of electrical products, including
PAPRs, that must be approved by MSHA prior to use in gassy mines. In
underground gassy mines, flammable or explosive gases such as methane,
and/or float coal dust can form explosive mixtures when combined with
air. Before PAPRs can be used in gassy mines in the U.S., they must
first be approved by MSHA.
MSHA's requirements in title 30, Code of Federal Regulations (30
CFR) part 18 ensure electric motor-driven products are designed and
manufactured so that they will not emit a spark strong enough, or
temperature sufficient to cause a fire or explosion. Those seeking MSHA
approval (applicants) are typically product designers and manufacturers
of electrical products such as PAPRs. MSHA's approval process includes
testing and evaluating the electrical product to determine whether it
performs according to certain technical and safety requirements. MSHA
issues an approval if the electrical product passes all the tests and
evaluations. Once the electrical product is approved by MSHA, it must
display an MSHA approval marking indicating that the product is
approved for use in gassy mines. MSHA refers to electrical products
approved for use in gassy areas of mines as ``permissible.'' To
continue to use the MSHA approval marking, the approval holder must
maintain the quality of the electrical product according to the
technical requirements upon which its approval was based.
Currently, there are no permissible PAPRs commercially available in
the U.S. market. Mine operators must seek MSHA approval for the use of
PAPRs in underground mines by filing petitions for modification under
30 CFR part 44.
Petitions for Modification
Section 101(c) of the Mine Act allows mine operators or
representatives of miners to file a petition, or request, to modify the
application of any mandatory safety standard to a mine. MSHA reviews
petitions for modification to determine whether the petitioner's
alternative method of achieving the result of the standard will at all
times guarantee no less than the same measure of protection afforded by
the standard, or the application of the standard will result in a
diminution of safety to the miners.
30 CFR part 44 establishes the procedures and rules of practice for
filing a petition for modification under section 101(c) of the Mine
Act. Once a petition has been filed by a mine operator or
representative of miners, a notice requesting comment on the petition
is published in the Federal Register and MSHA personnel investigate to
promptly determine whether to grant or deny the petition. Taking into
consideration the alternative methods proposed by the petitioner and
any additional requirements, MSHA will grant the petition for
modification if the Agency determines that the alternative method of
achieving the result of the standard will at all times guarantee no
less than the same measure of protection afforded by the standard, or
the application of the standard will result in a diminution of safety
to the miners. The granted modification, together with any conditions,
will have the same effect as a mandatory safety standard.
Since 2021, MSHA has received more than 150 petitions for
modification requesting MSHA allow the use of non-permissible PAPRs in
areas of underground mines where the use of approved equipment is
required. These petitions for modification generally propose very
similar alternative methods, or conditions and terms, for the safe use
of non-permissible PAPRs in gassy areas of underground mines to ensure
that miners are at all times afforded the same measure of protection as
when using permissible equipment.
II. Discussion
MSHA proposes to codify certain technical specifications and
working conditions to allow the use of PAPRs in specified underground
areas of underground metal and nonmetal (MNM) and coal mines, so that
mine operators no longer need to file petitions for modification. This
proposed rule would allow mine operators to safely use the best and
most current
[[Page 28407]]
technology available, while not reducing miner safety.
This proposed rule would not revise the language of any Proposed
Decisions and Orders granted by MSHA for PAPRs. Operators with granted
petitions would decide between complying with the terms of their
Proposed Decision and Order or complying with the requirements proposed
in this rule and dismissing their petitions.
Under the proposed rule, there would be no change to existing
ventilation requirements, methane monitoring requirements, de-
energization requirements, or rock-dusting requirements. The Agency has
preliminarily determined that this proposed rule, including the
protective requirements that are generally consistent with the terms in
granted petitions, would not reduce existing protections for miners.
MSHA seeks comments on any aspects of this proposed rule, including
what records are appropriate for mine operators to maintain to ensure
compliance.
III. Section-by-Section Analysis
A. Sections 57.22316 and 75.530--Non-Permissible Powered Air-Purifying
Respirators (PAPRs): Purpose and Scope
This proposed rule would allow non-permissible PAPRs that have not
been evaluated and approved by MSHA using the 30 CFR part 18
requirements to be used in specified underground areas of gassy mines.
The proposed rule would also establish requirements for the features
and maintenance of non-permissible PAPRs and the mining conditions
where non-permissible PAPRs can be used.
B. Sections 57.22316-1 and 75.531--Non-Permissible PAPRs: Definitions
The proposed rule would define commercially available, Powered Air
Purifying Respirators (PAPRs), production activities, and specified
underground areas for MNM mines in part 57 and coal mines in part 75.
The definitions for commercially available and Powered Air
Purifying Respirators (PAPRs) are the same in parts 57 and 75. However,
the definitions for production activities and specified underground
area are different in parts 57 and 75 because of differences in the
commodities mined, mining methods, geology, and construction of MNM
mines compared to coal mines.
C. Sections 57.22316-2 and 75.532--Non-Permissible PAPRs: Approval and
Certification Requirements
Proposed Sec. Sec. 57.22316-2 and 75.532 would require that non-
permissible PAPRs taken into specified underground areas meet certain
conditions. Non-permissible PAPRs must meet the appropriate UL
(formerly Underwriters Laboratories) voluntary consensus safety
standard.
Proposed paragraphs Sec. Sec. 57.22316-2(a)(2) and 75.532(a)(2)
would require non-permissible PAPRs to be certified to the American
National Standards Institute (ANSI)/UL 60079-11, Standard for Safety
for Explosive Atmospheres--Part 11: Equipment Protection by Intrinsic
Safety ``i'', Sixth Edition, Dated February 15, 2013, including
revisions through September 14, 2018 (ANSI/UL 60079-11).
Certification to the ANSI/UL 60079-11 standard must be conducted by
organizations meeting the requirements of the Occupational Safety and
Health Administration's (OSHA) Nationally Recognized Testing Laboratory
(NRTL) program. A NRTL is a private-sector organization that OSHA has
recognized as meeting the requirements in 29 CFR 1910.7 to perform
testing and certification of products using consensus-based test
standards. To receive OSHA's recognition as an NRTL, an organization
must have the necessary capability both as a product safety testing
laboratory and as a product certification body.
Proposed paragraph (b) lists the eight voluntary consensus
standards that MSHA would incorporate by reference in parts 57 and 75.
While MSHA would require certification for non-permissible PAPRs only
to ANSI/UL 60079-11, the Agency is incorporating by reference seven
additional ANSI-approved standards because these are referenced
throughout ANSI/UL 60079-11.
The proposed incorporation by reference of the eight voluntary
consensus standards is consistent with the Office of Management and
Budget's (OMB) Circular A-119 (Jan. 27, 2016 (81 FR 4673)), which
establishes policy guidance for Federal agencies. Circular A-119, based
on the National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 3701 et seq.), section 12(d), directs Federal agencies to use
technical standards developed or adopted by voluntary consensus
standards bodies to carry out policies or activities. Additionally,
Circular A-119 directs agencies to use voluntary consensus standards in
lieu of government-unique standards, except where inconsistent with law
or otherwise impractical. The intent of the policy guidance in Circular
A-119 is to minimize agency reliance on government-unique standards to
decrease the burden of complying with agency regulations and promote
efficiency and economic competition through harmonization of standards.
(See <a href="https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-119-1.pdf">https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-119-1.pdf</a>).
D. Sections 57.22316-3 and 75.533--Non-Permissible PAPRs: Requirements
Before Use
Proposed Sec. Sec. 57.22316-3 and 75.533 would specify the
requirements for examination of non-permissible PAPRs to ensure they
are in a safe condition before being used in the specified areas of an
underground mine.
E. Sections 57.22316-4 and 75.534--Non-Permissible PAPRs: Continuous
Monitoring During Operation
Proposed Sec. Sec. 57.22316-4 and 75.534 would require a competent
person, for MNM mines, or qualified person, for coal mines, to monitor
for methane. Proposed paragraphs (c) and (d) would require methane
detectors to meet certain requirements to ensure their safe operation.
Proposed paragraph (e) would require immediately de-energizing and
removing non-permissible PAPRs from the specified underground area if a
certain percentage of methane is detected.
The timely detection of methane gas and the immediate removal of
the non-permissible PAPRs out of the specified underground areas would
be the primary method of protection against ignitions and explosions.
F. Sections 57.22316-5 and 75.535--Non-Permissible PAPRs: Requirements
for Batteries
Proposed Sec. Sec. 57.22316-5 and 75.535 would address
requirements for the batteries used in non-permissible PAPRs to ensure
their safe operation if methane or float coal dust is present.
I. Sections 57.22316-6 and 75.536--Non-Permissible PAPRs: Maintenance
and Examination
Proposed Sec. Sec. 57.22316-6 and 75.536 would address the
maintenance and examination requirements for non-permissible PAPRs to
ensure their safe operating condition. All non-permissible PAPRs would
be required to be withdrawn from specified underground areas if a
potentially dangerous condition was found.
J. Sections 57.22316-7 and 75.537--Non-Permissible PAPRs: Training
Proposed Sec. Sec. 57.22316-7 and 75.537 would address the
importance of training miners on safety practices where new
technologies are utilized and would require specific training for those
who will be using non-permissible
[[Page 28408]]
PAPRs. In addition to 30 CFR part 48 training requirements, MSHA is
proposing to require specific training to address concerns regarding
the use of non-permissible PAPRs in specified underground areas.
K. Incorporation by Reference
In proposed Sec. Sec. 57.22305-3 and 75.532, MSHA would
incorporate by reference the following voluntary consensus standards.
(1) ANSI/International Society of Automation (ISA) 60079-11
(12.02.01)-2014, Standard for Explosive Atmospheres--Part 11: Equipment
protection by intrinsic safety ``i'' (Group I, Level of Protection
`ia'), Edition 6.2, dated March 28, 2014, that specifies the
construction and testing of intrinsically safe apparatus intended for
use in an explosive atmosphere and for associated apparatus that is
intended for connection to intrinsically safe circuits which enter such
atmospheres. This standard is also applicable to electrical equipment
or parts of electrical equipment located outside the explosive
atmosphere or protected where the intrinsic safety of the electrical
circuits in the explosive atmosphere may depend upon the design and
construction of such electrical equipment or parts of such electrical
equipment. The electrical circuits exposed to the explosive atmosphere
are evaluated for use in such an atmosphere by applying this standard.
(2) ANSI/ISA 60079-25 (12.02.05)-2011, Standard for Explosive
Atmospheres--Part 25: Intrinsically safe electrical systems (Group I,
Level of protection `ia'), dated December 2, 2011, which contains the
specific requirements for construction and assessment of intrinsically
safe electrical systems, type of protection ``i'', intended for use, as
a whole or in part, in Class I, Zone 0, 1, or 2, or Zone 20, 21, or 22
hazardous (classified) locations as defined by the NEC[supreg], ANSI/
NFPA 70[supreg].
(3) ANSI/UL 60079-0, Standard for Explosive Atmospheres--Part 0:
Equipment--General Requirements (Group I), Seventh Edition, dated March
26, 2019, which specifies the general requirements for construction,
testing and marking of Ex Equipment and Ex Components intended for use
in explosive atmospheres. This standard is an adoption of IEC 60079-0,
Explosive atmospheres--Part 0: Equipment--General requirements,
(seventh edition issued by IEC December 2017) as a new IEC-based UL
standard with U.S. national differences.
(4) ANSI/UL 60079-1, Standard for Explosive Atmospheres--Part 1:
Equipment Protection by Flameproof Enclosures ``d'' (Group I, Level of
protection `da'), Seventh Edition, dated September 18, 2015, which
contains specific requirements for the construction and testing of
electrical equipment with the type of protection flameproof enclosure
``d'', intended for use in explosive gas atmospheres. This standard is
an adoption of IEC 60079-1, Explosive Atmospheres--Part 1: Equipment
Protection by Flameproof Enclosures ``d'' (seventh edition, issued June
2014) with U.S. national differences.
(5) ANSI/UL 60079-11, Standard for Explosive Atmospheres--Part 11:
Equipment Protection by Intrinsic Safety ``i'' (Group I, Level of
protection `ia'), Sixth Edition, dated February 15, 2013, including
revisions through September 14, 2018 (ANSI/UL 60079-11), which
specifies the construction and testing of intrinsically safe apparatus
intended for use in an explosive atmosphere and for associated
apparatus, which is intended for connection to intrinsically safe
circuits which enter such atmospheres. This standard is also applicable
to electrical equipment or parts of electrical equipment located
outside the explosive atmosphere or protected where the intrinsic
safety of the electrical circuits in the explosive atmosphere may
depend upon the design and construction of such electrical equipment or
parts of such electrical equipment. The electrical circuits exposed to
the explosive atmosphere are evaluated for use in such an atmosphere by
applying this standard. This standard incorporates all of the U.S.
national differences for UL 60079-11 and is based on IEC 60079-11,
Edition 6, published in 2011.
(6) ANSI/UL 60079-18, Standard for Explosive Atmospheres--Part 18:
Equipment Protection by Encapsulation ``m'' (Group I, Level of
Protection `ma'), Fourth Edition, dated December 14, 2015, which
provides the specific requirements for the construction, testing and
marking of electrical equipment, parts of electrical equipment and Ex
components with the type of protection encapsulation ``m'' intended for
use in explosive gas atmospheres or explosive dust atmospheres. This
standard applies only for encapsulated electrical equipment,
encapsulated parts of electrical equipment, and encapsulated Ex
components where the rated voltage does not exceed 11 kV. This standard
incorporates all of the U.S. national differences and is based on IEC
60079-18, Explosive Atmospheres--Part 18: Equipment Protection by
Encapsulation ``m'', (fourth edition issued December 2014).
(7) ANSI/UL 60079-25, Standard for Explosive Atmospheres--Part 25:
Intrinsically Safe Electrical Systems (Group I, Level of Protection
`ia'), Second Edition, Dated December 2, 2011, which contains the
specific requirements for construction and assessment of intrinsically
safe electrical systems, type of protection ``i'', intended for use, as
a whole or in part, in Class I, Zone 0, 1, or 2 hazardous (classified)
locations as defined by the NEC[supreg], ANSI/NFPA 70[supreg]. This
standard is an adoption of ANSI/ISA 60079-25, Standard for Explosive
Atmospheres--Part 25: Intrinsically Safe Electrical Systems.
(8) ANSI/UL 60079-28 Ed. 2-2017, Standard for Explosive
Atmospheres--Part 28: Protection of Equipment and Transmission Systems
Using Optical Radiation (Group I, Equipment Protection Level `Ma'),
dated September 15, 2017, which specifies the requirements, testing and
marking of equipment emitting optical radiation intended for use in
explosive atmospheres. It also covers equipment located outside the
explosive atmosphere or protected, but which generates optical
radiation that is intended to enter an explosive atmosphere. This
standard incorporates all of the U.S. national differences for UL
60079-28 and is based on IEC 60079-28, Edition 2.0 published May 2015.
Availability of Standards To Be Incorporated by Reference
MSHA proposes to incorporate by reference two ISA standards. ISA
provides free online public access to read-only copies of its standards
that are incorporated into Federal regulations through an agreement
with ANSI. These standards are available to the public for free viewing
online in the ANSI Incorporated by Reference Portal website at: <a href="https://ibr.ansi.org/Standards/isa.aspx">https://ibr.ansi.org/Standards/isa.aspx</a>. In addition to the free online
availability of these standards for viewing on the ANSI website,
hardcopies and printable versions are available for purchase from ISA.
The ISA website address to purchase standards is: <a href="http://www.isa.org/standards-and-publications/isastandards/find-isa-standards-innumerical-order">www.isa.org/standards-and-publications/isastandards/find-isa-standards-innumerical-order</a>. Interested persons may also contact ISA directly at
International Society of Automation (ISA), 67 T.W. Alexander Drive,
P.O. Box 12277, Research Triangle Park, NC 27709, Tel: (919) 549-8411.
In addition, during the comment period and rulemaking process, ISA
standards will
[[Page 28409]]
be available for review, free of charge, at MSHA, Office of Standards,
Regulations, and Variances, Room C3522, 200 Constitution Avenue NW,
Washington, DC 20210 and at MSHA's Approval and Certification Center
(A&CC) at 765 Technology Drive, Triadelphia, WV 26059 (304-547-0400).
There are six ANSI/UL standards that would be incorporated by
reference in this proposed rule. These standards are available online
and may be purchased on UL's website at: <a href="http://www.shopulstandards.com">www.shopulstandards.com</a>.
Interested persons may also contact UL directly at UL Solutions, Comm
2000, 151 Eastern Avenue, Bensenville, IL 60106, Tel: (888) 853-3503.
In addition, during the comment period and rulemaking process, UL
standards will be available for review, free of charge, at MSHA, Office
of Standards, Regulations, and Variances, Room C3522, 200 Constitution
Avenue NW, Washington, DC 20210 and at MSHA's A&CC at 765 Technology
Drive, Triadelphia, WV 26059 (304-547-0400).
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
Executive Order (E.O.) 12866, ``Regulatory Planning and Review'' 58
FR 51735 (Oct. 4, 1993), requires agencies, to the extent permitted by
law, to (1) propose or adopt a regulation only upon a reasoned
determination that its benefits justify its costs (recognizing that
some benefits and costs are difficult to quantify); (2) tailor
regulations to impose the least burden on society, consistent with
obtaining regulatory objectives, taking into account, among other
things, and to the extent practicable, the costs of cumulative
regulations; (3) select, in choosing among alternative regulatory
approaches, those approaches that maximize net benefits; (4) to the
extent feasible, specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated entities must
adopt; and (5) identify and assess available alternatives to direct
regulation, including providing economic incentives to encourage the
desired behavior, such as user fees or marketable permits, or providing
information upon which choices can be made by the public.
E.O. 13563, ``Improving Regulation and Regulatory Review'' 76 FR
3821 (Jan. 21, 2011), requires agencies to use the best available
techniques to quantify anticipated present and future benefits and
costs as accurately as possible. E.O. 13563 reaffirms the principles of
E.O. 12866 while calling for improvements in the nation's regulatory
system to promote predictability, reduce uncertainty, and use the best,
most innovative, and least burdensome tools for achieving regulatory
ends.
E.O. 12866 and E.O. 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Background
Currently, there are no permissible PAPRs commercially available on
the U.S. market. Mine operators have to file petitions for modification
to use PAPRs in underground mine environments and are only granted
permission for their use if the petition is approved. Under the
proposed rule, mine operators would be allowed to use PAPRs in
specified underground areas of underground mines without filing
petitions. This proposed rule would allow mine operators to safely use
the best and most current technology available, while not reducing
miner safety.
Based on MSHA internal data, the Agency estimates there will be
approximately 197 underground metal and nonmetal (MNM) mines and 215
underground coal mines operating each year that would be impacted by
this proposed rule.\1\ All estimated figures are expressed in 2024
dollars.
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\1\ Number of mines inspected at least once in 2024 and the
mine's current status is listed as active, intermittent, or
nonproducing active on April 14, 2025.
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Under the baseline scenario, coal mine operators would continue
their current practice of filing petitions to be able to use PAPRs in
underground mines and would purchase and use the PAPRs if their
petition is approved. Under the proposed rule, mine operators would no
longer need to file petitions to use PAPRs. There would be no change to
the existing requirements placed on mine operators using PAPRs: methane
monitoring, regular PAPR equipment inspection, and hazard awareness
training for miners. These requirements would continue to be applied to
all underground mines that use PAPRs under the proposed rule.
Benefits
This proposed rule would codify new standards for using non-
permissible PAPRs in underground mines, based on technical
specifications and working conditions. The proposed rule would
substantially reduce future costs and delays related to filing
petitions for modification. MSHA received 150 petitions for PAPRs
between 2021 and 2024. These petitions show that, despite the costs
associated with filing petitions, a substantial number of mines find
that using PAPRs is beneficial to their operations. Being able to use
PAPRs without having to file a petition would allow mine operators to
safely use the latest technology without diminishing safety in
underground mines.
Compliance Costs of Using PAPRs
The total compliance costs associated with using PAPRs would result
from allowing underground mine operators to purchase and use PAPRs
without filing a petition for modification. MSHA assumes the cost of
filing a petition currently presents a barrier to the use of PAPRs, and
when that barrier is removed the purchase and use of PAPRs would be
economically feasible for more mine operators.
The total compliance costs of using PAPRs include the following:
1. Equipment purchases: MSHA estimates that over the 10-year
analysis period, each underground MNM mine operator would purchase 10
PAPRs per mine and each underground coal mine operator would purchase
50 PAPRs per mine. At a cost of $3,000 per PAPR, the 10-year total cost
would be $36.0 million undiscounted.
2. Methane monitoring by competent or qualified persons: MSHA
estimates that in underground MNM mines over the 10-year analysis
period, mining supervisors earning $75.63 per hour would spend a total
of 12,549 hours monitoring methane; and over that same time period in
underground coal mines, mining supervisors earning $95.72 per hour
would spend a total of 125,488 hours monitoring methane. This yields a
total cost over 10 years of $13.1 million.
3. Examination of non-permissible PAPR equipment:
a. Pre-use examinations: MSHA estimates that, over 10 years, mining
supervisors would need to conduct 2,150 pre-use examinations in
underground MNM mines (1 examination per mine per year) and 3,940
examinations in underground coal mines (2 examinations per mine per
year). At a unit cost of $5.51 per examination, the 10-year total cost
would be $33,556 undiscounted covering 6,090 pre-use examinations.
b. Weekly examinations: MSHA estimates mining supervisors would
conduct 4 weekly examinations per mine each year for 215 underground
[[Page 28410]]
MNM mines and 197 underground coal mines. This results in a 10-year
total of 16,480 examinations. At a unit cost of $9.48 per examination,
the 10-year cost of weekly examinations would be $0.2 million
undiscounted.
4. Hazard awareness training for miners: MSHA estimates mine
operators would train 2 MNM miners and 20 coal miners per mine each
year on the hazards involved in using PAPRs. Assuming the training
takes 1 hour to complete and using an estimated wage rate of $49.78 per
hour for MNM miners and $57.85 per hour for coal miners, the 10-year
cost of training would be $12,566 undiscounted over 10 years.
Cost Savings
Under the baseline scenario, MSHA believes mine operators would
continue to file petitions to use PAPRs, while no new petitions would
be filed under the proposed rule. Over the 10-year analysis period,
MSHA estimates that under the baseline there would be 20 petitions
filed and approved without revision, 330 petitions filed and approved
with revisions, and 30 petitions litigated. MSHA assumes that the cost
of petitions is $6,367 per petition approved without revision, $25,468
per petition approved with revisions, and $397,943 per litigated
petition.\2\ Under the proposed rule, mine operators would not have to
file petitions and thus would avoid petition associated costs of $20.47
million undiscounted over 10 years. The annualized cost savings would
be $2.05 million at a 0 percent discount rate, $2.25 million at a 3
percent discount rate, and $2.52 million at a 7 percent discount rate.
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\2\ The litigation of a petition by a mine operator can take
several years to resolve, which could amount to hundreds, and
possibly even thousands of legal hours.
---------------------------------------------------------------------------
Summary
To use PAPRs, mine operators would incur compliance costs of $4
million undiscounted over 10 years, under both the baseline scenario
(filing a petition in order to use PAPRS) or the proposed rule (using
PAPRs without having to file a petition). Therefore, compliance costs
are not considered incremental costs under the proposed rule.
Under the proposed rule, there would be incremental cost savings
from avoided costs associated with filing petitions and potentially
going through litigation of $20.47 million. MSHA estimates that the
annualized cost savings for this proposed rule at discount rates of 0
percent, 3 percent, and 7 percent would be $2.05 million, $2.25
million, and $2.52 million, respectively.
Significance Determination
Under section 3(f) of E.O. 12866, a ``significant regulatory
action'' is a regulatory action that is likely to result in a rule that
may:
(1) have an annual effect on the economy of $100 million or more,
or adversely affect in a material way he economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or communities
(also referred to as economically significant);
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of
recipients; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the E.O.
Under section 6(a) of E.O. 12866, the Office of Management and
Budget's (OMB's) Office of Information and Regulatory Affairs (OIRA)
determines whether a regulatory action is significant and whether
Agencies are required to submit the regulatory action to OIRA for
review. Adding the provisions concerning the use of PAPRs in specified
underground areas of mines would not impose new compliance costs to
underground mine operators or reduce the protections afforded to
miners. This proposed rule is determined to not constitute a
``significant regulatory action'' because it does meet any of the four
``significant regulatory action'' criteria under section 3(f) of E.O.
12866. Accordingly, this proposed rule was not submitted to OIRA for
review under E.O. 12866.
No alternatives were considered for this proposed deregulatory
action.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, as amended by the
Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996,
requires preparation of an Initial Regulatory Flexibility Analysis
(IRFA) for any rule that by law must be proposed for public comment,
unless the agency certifies that the rule, if promulgated, will not
have a significant economic impact on a substantial number of small
entities. The RFA defines small entities to include small businesses,
small organizations, including not-for-profit organizations, and small
governmental jurisdictions. MSHA reviewed this proposed rule under the
provisions of the RFA, which eliminates burdensome regulations.
Under the RFA, MSHA uses the Small Business Administration's (SBA)
definition to set thresholds for small business sizes for the MNM and
coal mining industries defined at the 6-digit North American Industry
Classification System (NAICS) level. For underground MNM mines the
threshold ranges from 500-1,500 employees depending on the specific
commodity being mined. For underground coal mines the threshold is
1,500 employees.
MSHA estimates the total annual revenues for MNM commodities to be
$105.6 billion. This was calculated using the 2024 production values
for all metal and industrial minerals reported in U.S. Geological
Survey' Mineral Commodity Summaries 2025 Report. Using MSHA internal
data the agency estimates that $44.0 billion of the total revenues were
generated by small MNM mines.
MSHA evaluated data routinely provided by mine operators related to
the number of mines, employment, and production from MSHA's
Standardized Information System (MSIS) for underground coal mines. MSHA
calculated revenue as production times the average price of coal. Using
internal data, MSHA estimates that small coal mines produce roughly
92.1 million tons of coal annually. Using U.S Energy Information
Administration Annual Coal Report 2023 Table 28, Average Sales Price of
Coal by State and Mine Type, the average coal price was $54.04 per
short ton in 2023. The price was then adjusted to 2024 dollars using
CPI-U, $55.63 per short ton, to estimate national coal revenues of $5.1
billion generated by small coal mines.
MSHA assesses the impacts on small entities by comparing the
estimated compliance costs of the proposed rule for small entities
affected by the rule to the estimated revenues for the affected sector.
When estimated compliance costs are less than 1 percent of the
estimated revenues, the Agency believes it is generally appropriate to
conclude that there is no significant economic impact on a substantial
number of small entities. When estimated compliance costs exceed 1
percent of revenues, MSHA investigates whether further analysis is
required. The impact as a percentage of revenue is essentially zero
under the proposed rule: for small MNM and coal mine operators total
annualized cost is $4.93 million while total annual revenue is $49.1
billion, resulting in the ratio of 0.010 percent. Thus, no further
analysis is required.
MSHA considered the compliance costs on small mines when developing
[[Page 28411]]
the proposed rule. MSHA reviewed this proposed rule under the
provisions of the RFA, which eliminates burdensome regulations.
Therefore, MSHA initially concludes that the impacts of the proposed
rule would not have a ``significant economic impact on a substantial
number of small entities,'' and the preparation of an IRFA is not
warranted. MSHA will transmit this certification and supporting
statement of factual basis to the Chief Counsel for Advocacy of the
Small Business Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
provides for the Federal Government's collection, use, and
dissemination of information. The goals of the Paperwork Reduction Act
include minimizing paperwork and reporting burdens and ensuring the
maximum possible utility from the information that is collected under 5
CFR part 1320. The Paperwork Reduction Act requires Federal agencies to
obtain approval from OMB before requesting or requiring ``a collection
of information'' from the public.
This proposed rule imposes no new information collection or
recordkeeping requirements. The requirements for training recordkeeping
are fully covered in a currently approved information collection
request, OMB Control Number 1219-0009 ``Training Plans and Records of
Training for Underground Miners and Miners Working at Surface Mines and
Surface Areas of Underground Mines.'' There is no change to this
information collection request.
However, this proposed rule would result in substantive changes to
another currently approved information collection request, OMB Control
Number 1219-0065 ``Petitions for Modification of Mandatory Safety
Standards.'' The currently approved information collection request
covers requirements in 30 CFR part 44, which set forth the procedures
and rules to govern petitions for modification of mandatory safety
standards filed under section 101(c) of the Mine Act.
Under this proposed rule, MNM and coal mine operators would no
longer have to file petitions for modification to use PAPRs in
underground mine environments. This proposed change would decrease the
paperwork burden and costs to mine operators as they would no longer
file petitions for using PAPRs in underground MNM and coal mines. MSHA
proposes to revise the supporting statement for the information
collection request 1219-0065 to reflect these changes and seeks public
comment on these changes.
Type of Review: Substantive Change to currently approved
information collection.
OMB Control Number: 1219-0065.
Title: Petitions for Modifications of Mandatory Safety Standards.
Description of the ICR:
Background
Under 30 CFR 44.4, mine operators can file a petition for
modification to use an alternative method of achieving the same result
of an existing standard that will at all times guarantee no less than
the same measure of protection afforded by the standard. Currently,
this is the only way mine operators are able to use non-permissible
PAPRs. Under the proposed rule, the requirements for using such
equipment would be codified and mine operators would no longer have to
file a petition for their use.
Based on MSHA records of petitions for modification received
between 2021 through 2023, there were an average of 46 petitions each
year. Of these submitted petitions, there was an average of 26
submissions that requested the use of PAPRs. Under this proposed rule,
the Agency estimates that the average annual petitions would be reduced
from 46 to 20 petitions, as the 26 petitions concerning PAPRs would no
longer need to be filed. MSHA assumes that 24 petitions for PAPRS would
have been filed by underground coal mines and 2 by underground MNM
mines. Additionally, it is assumed that under the proposed rule, of the
remaining 20 petitions filed each year, 19 petitions would be from coal
mines and 1 would be from a MNM mine.
Summary of Changes
This substantive change request will change the supporting
statement for this information collection request due to an addition in
the recordkeeping requirements in the proposed 30 CFR 57.22316 through
57.22316-7 and 75.530 through 75.537. Forty-six mines are currently
impacted under 1219-0065 and under the proposed rule this figure would
decrease to 20. This change does not modify the authority or number of
affected mine operators and contractors, but it does decrease the
paperwork burden and costs associated with filing petitions as captured
by this information collection request.
The number of respondents, frequency of response, annual hour
burden, and recordkeeping cost are described below.
1. Preparing and Filing Petitions for Modification (30 FR 44.10 and
44.11(a))
Under 30 CFR 44.10 and 44.11(a), a mine operator or any
representative of miners may file a petition for modification of the
application of a mandatory safety standard. MSHA assumes that petitions
will either be filed by mine operators or by third-party sources on
behalf of mine operators. Under the proposed rule, MSHA assumes that
each year 16 petitions would be prepared by mine operators, 15 from
coal mines and 1 from a MNM mine. MSHA estimates that it takes 40 hours
to prepare and file a petition, which will be completed by a coal or
MNM mining supervisor, earning $95.72 or $75.63 per hour, respectively.
As related to these requirements, the proposed rule would reduce
the number of annual respondents from 37 to 16, the number of annual
responses from 37 to 16, and the annual burden hours from 1,480 to 640.
Additionally, MSHA assumes that 4 petitions are prepared by third-
party sources (independent legal counsel) each year. MSHA estimates
that it takes an independent counsel, earning $182.79 per hour,
approximately 16 hours to prepare a petition. This will be a total of
$11,699 spent preparing the 4 petitions. This would be a decrease from
the previous recordkeeping cost estimate of $24,814.
The prepared petitions must be submitted to MSHA for review and
approval. Each year, MSHA estimates only 1 petition would be submitted
by mail and 19 would be submitted electronically. MSHA assumes that
there is no filing cost if submitted electronically. MSHA estimates the
mailing costs for a petition for modification is $8.00 if using
certified mail from USPS. This proposed rule would reduce the
recordkeeping cost burden from $16 to $8.
2. Posting Copies of Petitions on the Mine Bulletin Boards (30 CFR
44.9)
Under 30 CFR 44.9, a mine operator must, when there is no
representative of miners, post a copy of each petition for modification
concerning the mine on the mine bulletin board and must maintain the
posting until a ruling on the petition becomes final. MSHA assumes that
all mine operators will post the petition for modification on the
mine's bulletin board.
MSHA assumes each year there will be 19 petitions from coal mines
and 1 from a MNM mine. MSHA estimates that it takes 10 minutes to make
copies of the petition and post the petition to the mine bulletin
board. This will be
[[Page 28412]]
done by a coal or MNM clerk, earning $44.53 or $45.42 per hour,
respectively.
As related to this item, the proposed rule would reduce the number
of annual respondents from 46 to 20, the number of annual responses
from 46 to 20, and the annual burden hours from 7.67 to 3.33.
Additionally, MSHA assumes that on average a petition for
modification is 3 pages long and the printing cost is $0.15 per page,
so the material cost of printing a copy of the petition would be $0.45.
By reducing the number of petitions to be posted on the mine bulletin
board by 26, this proposed rule reduces the annual recordkeeping cost
to respondents by $11.70.
In summary, this proposed rule would reduce the number of annual
respondents from 46 to 20, the number of annual responses from 46 to
20, and the annual burden hours from 7.67 to 3.33. The annual
recordkeeping cost to respondents would decrease from $20.70 to $9.00.
3. Serving Representatives of Miners With Petitions (30 CFR 44.10)
Under 30 CFR 44.10, if a petition is filed by a mine operator, a
copy of the petition must be served to a representative of miners at
the affected mine. MSHA assumes that 20 petitions would be filed each
year, 19 from coal mines and 1 from a MNM mine. MSHA estimates that it
takes 10 minutes to make copies of the petition and serve the petition
to a representative of miners. A coal or MNM clerk earns $44.53 or
$45.42 per hour, respectively.
As related to this item, the proposed rule would reduce the number
of annual respondents from 46 to 20, the number of annual responses
from 46 to 20, and the annual burden hours from 7.67 to 3.33.
Additionally, MSHA assumes that on average a petition for
modification is 3 pages long and the printing cost is $0.15 per page,
so the material cost of printing a copy of the petition would be $0.45.
By reducing the number of petitions to be served to miners'
representatives by 26 this proposed rule reduces the annual other cost
burden by $11.70.
In summary, this proposed rule would reduce the number of annual
respondents from 46 to 20, the number of annual responses from 46 to
20, and the annual burden hours from 7.67 to 3.33. The annual
recordkeeping cost to respondents would decrease from $20.70 to $9.00.
4. Serving Miners' Representative With Copies of the Final Actions
Granting Petitions and Posting Copies to the Mine Bulletin Boards (30
CFR 44.5(b))
Under 30 CFR 44.5(b), every final action granting a petition for
modification must be posted by the operator on the mine bulletin board
at the affected mine and remain posted as long as the modification is
effective. If a summary of the final action is posted on the mine
bulletin board, a copy of the full decision must be kept at the
affected mine office and made available to the miners.
Under the baseline, MSHA estimates that each year 46 petitions
would be submitted. Of the 46, 26 would be related to PAPRs, 3 of which
would be denied and 23 approved. The proposed rule removes the need for
the 26 petitions. Of the remaining 20 petitions submitted annually,
MSHA estimates 12 would be approved, 11 from coal mines and 1 from a
MNM mine. MSHA estimates that it takes 10 minutes to make copies of the
final action and then to serve them to the miners' representative or
post on the mine bulletin board. This will be done by a coal or MNM
clerk, earning $44.53 or $45.42 per hour, respectively.
As related to this item, the proposed rule would reduce the number
of annual respondents from 46 to 20, the number of annual responses
from 46 to 20, and the annual burden hours from 7.67 to 3.33.
Additionally, MSHA assumes that a mine operator will make 2 copies
of each final actions granting petitions: 1 copy to be posted on the
bulletin board and 1 copy available to miners. MSHA assumes that on
average a petition for modification is 3 pages long and the printing
cost is $0.15 per page, so the cost of printing a copy of the petition
would be $0.45. This recission would reduce the number of copies of
final actions made by 46 (23 served to miners' representatives and 23
posted to mine bulletin boards). This recission reduces the annual
other cost burden from $31.50 to $10.80.
This portion of the PRA requirements would reduce the number of
annual respondents from 35 to 12, the number of annual responses from
35 to 12, and the annual burden hours from 5.83 to 2.00. The annual
recordkeeping cost to respondents would decrease from $31.50 to $10.80.
Summary of the Collection of Information
Under the proposed rule, the estimated number of respondents,
responses, burden hours, and recordkeeping costs to respondents would
decrease from the currently approved information collection request.
Affected Public: Businesses or For-Profit.
Estimated Number of Respondents: 20 (-26 from proposed rule).
Frequency: On occasion.
Estimated Number of Responses: 68 (-96 from proposed rule).
Estimated Number of Burden Hours: 649 (-853 from proposed rule).
Estimated Recordkeeping Costs to Respondents: $11,735 (-$13,095
from proposed rule).
D. Review Under Executive Order 13132
E.O. 13132, ``Federalism,'' 64 FR 43255 (August 10, 1999), imposes
certain requirements on Federal agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The E.O. requires agencies to examine the constitutional
and statutory authority supporting any action that would limit the
policymaking discretion of the States and to carefully assess the
necessity for such actions. The E.O. also requires agencies to have an
accountable process to ensure meaningful and timely input by State and
local officials in the development of regulatory policies that have
federalism implications.
MSHA has determined that the proposed rule would not have
federalism implications because it would 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. Accordingly,
E.O. 13132 requires no further action or analysis.
E. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal agencies
the general duty to adhere to the following requirements: (1) eliminate
drafting errors and ambiguity; (2) write regulations to minimize
litigation; (3) provide a clear legal standard for affected conduct
rather than a general standard; and (4) promote simplification and
burden reduction. Regarding the review required by section 3(a),
section 3(b) of E.O. 12988 specifically requires that Executive
agencies make every reasonable effort to ensure that the regulation:
(1) clearly specifies the preemptive effect, if any; (2) clearly
specifies any effect on
[[Page 28413]]
existing Federal law or regulation; (3) provides a clear legal standard
for affected conduct while promoting simplification and burden
reduction; (4) specifies the retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses other important issues affecting
clarity and general draftsmanship under any guidelines issued by the
Attorney General.
Section 3(c) of E.O. 12988 requires Executive agencies to review
regulations in light of applicable standards in section 3(a) and
section 3(b) to determine whether they are met or it is unreasonable to
meet one or more of them. MSHA has completed the required review and
determined that, to the extent permitted by law, this proposed rule
meets the relevant standards of E.O. 12988.
F. Review Under the Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action likely to result in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)). The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect them.
MSHA examined this proposed rule according to UMRA and its
statement of policy and determined that the proposed rule does not
contain a Federal intergovernmental mandate, nor is it expected to
require expenditures of $100 million or more in any one year by State,
local, and Tribal governments, in the aggregate, or by the private
sector. As a result, no further Agency action or analysis is required.
G. Review Under the National Environmental Policy Act
The National Environmental Policy Act (NEPA) of 1969 (42 U.S.C.
4321 et seq.), requires each Federal agency to consider the
environmental effects of regulatory actions and to prepare an
environmental impact statement on Agency actions that would
significantly affect the quality of the environment; unless the action
is considered categorically excluded under 29 CFR 11.10. MSHA has
reviewed the proposed rule in accordance with NEPA requirements and the
Department of Labor's NEPA procedures (29 CFR part 11). As a result of
this review, MSHA has determined that this proposed rule would not
impact air, water, or soil quality, plant or animal life, the use of
land or other aspects of the human environment. Therefore, MSHA has not
conducted an environmental assessment nor provided an environmental
impact statement.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, MSHA has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights'' 53 FR 8859 (March 18,
1988), MSHA has determined that this proposed rule would not result in
any takings that might require compensation under the Fifth Amendment
to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to the public under
information quality guidelines established by each agency pursuant to
general guidelines issued by OMB. OMB's guidelines were published at 67
FR 8452 (Feb. 22, 2002). MSHA has reviewed this proposed rule and has
concluded that it is consistent with applicable policies in the OMB
guidelines.
K. Review Under Executive Order 13175
E.O. 13175, ``Consultation and Coordination With Indian Tribal
Governments'' 65 FR 67249 (Nov. 9, 2000), requires agencies to consult
with tribal officials when developing policies that may have ``tribal
implications.'' This proposed rule does not have ``tribal
implications'' because it will not ``have substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
Accordingly, under E.O. 13175, no further Agency action or analysis is
required.
L. Review Under Executive Order 13211
E.O. 13211, ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use'' 66 FR 28355 (May 22,
2001), requires agencies to publish a statement of energy effects when
a rule has a significant energy action that adversely affects energy
supply, distribution, or use. MSHA has reviewed this proposed rule for
its energy effects. For the energy analysis, this proposed rule will
not exceed the relevant criteria for adverse impact.
M. Plain Language
E.O. 12866 and E.O. 13563 require regulations to be written in a
manner that is easy to understand. MSHA has drafted the proposed rule
in plain language.
N. Review Under Additional Executive Orders and Presidential Memoranda
MSHA has examined this proposed rule and has determined that it is
consistent with the policies and directives outlined in E.O. 14154,
``Unleashing American Energy'' 90 FR 8353 (Jan. 29, 2025); E.O. 14192,
``Unleashing Prosperity Through Deregulation'' 90 FR 9065 (Feb. 6,
2025); and the Presidential Memorandum, ``Delivering Emergency Price
Relief for American Families and Defeating the Cost of Living Crisis''
90 FR 8245 (Jan. 28, 2025). This proposed rule is expected to be an
E.O. 14192 deregulatory action.
List of Subjects
30 CFR Part 57
Chemicals, Electric power, Explosives, Fire prevention, Gases,
Hazardous substances, Incorporation by reference, Metals, Mine safety
and health, Mines, Noise control, Radiation protection, Reporting and
recordkeeping requirements, Underground mining.
[[Page 28414]]
30 CFR Part 75
Communications equipment, Electric power, Emergency medical
services, Incorporation by reference, Mandatory safety standards,
Explosives, Fire prevention, Mine safety and health, Reporting and
recordkeeping requirements, Training, Underground coal mines.
For the reasons set forth in the preamble, and under the authority
of the Federal Mine Safety and Health Act of 1977, as amended by the
Mine Improvement and New Emergency Response Act of 2006, MSHA proposes
to amend chapter I of title 30 of the Code of Federal Regulations as
follows:
PART 57--SAFETY AND HEALTH STANDARDS--UNDERGROUND METAL AND
NONMETAL MINES
0
1. The authority citation for part 57 continues to read as follows:
Authority: 30 U.S.C. 811.
Subpart T--Safety Standards for Methane in Metal and Nonmetal Mines
0
2. Add Sec. Sec. 57.22316 through 57.22316-7 to read as follows:
Sec. 57.22316 Non-permissible powered air purifying respirators
(PAPRs): Purpose and scope.
Sec. 57.22316-1 Non-permissible PAPRs: Definitions.
Sec. 57.22316-2 Non-permissible PAPRs: Approval and certification
requirements.
Sec. 57.22316-3 Non-permissible PAPRs: Requirements before use.
Sec. 57.22316-4 Non-permissible PAPRs: Continuous monitoring during
operation.
Sec. 57.22316-5 Non-permissible PAPRs: Requirements for batteries.
Sec. 57.22316-6 Non-permissible PAPRs: Maintenance and examination.
Sec. 57.22316-7 Non-permissible PAPRs: Training.
Sec. 57.22316 Non-permissible powered air purifying respirators
(PAPRs): Purpose and scope.
(a) Non-permissible PAPRs meeting the provisions in Sec. Sec.
57.22316-1 through 57-22316-7 are permitted when no MSHA-approved PAPRs
are commercially available.
(b) In the event that an operator implements a non-permissible PAPR
at a mine, the operator must replace non-permissible PAPRs with
approved PAPRs at the end of the non-permissible PAPR useful life or 2
years after the date of manufacture, whichever is sooner, if approved
PAPRs become commercially available.
(c) PAPRs which are not MSHA-approved may be taken into and
operated in specified underground areas: in or beyond the last open
crosscut and in areas where methane may enter the air current, such as
pillar recovery workings, longwall faces and shortwall faces, when
PAPRs that meet the permissibility requirements in part 18 of this
chapter do not exist.
(d) Sections 57.22316-1 through 57-22316-7 establish requirements
for the features, use, and maintenance of non-permissible PAPRs, and
the training of the personnel using such equipment when production
activities are occurring and when production activities cease.
Sec. 57.22316-1 Non-permissible PAPRs: Definitions.
The following definitions apply:
Commercially available. Currently being manufactured and available
for sale in the U.S.
Powered air purifying respirators (PAPRs). Battery-powered devices
certified by the National Institute for Occupational Safety and Health
(NIOSH) equipped with a facepiece, hood, or helmet, breathing tube,
canister, cartridge, filter, canister with filter, or cartridge with
filter, and a blower.
Production activities. Activities that generate dust containing
volatile matter or combustible gases including but not limited to
cutting, drilling, blasting, transporting, cleaning, loading, and
unloading.
Specified underground area. An underground area located in or
beyond the last open crosscut and areas where methane may enter the air
current, such as pillar recovery workings, longwall faces and shortwall
faces or any underground area requiring electrical equipment that is
approved by MSHA under the applicable requirements of 30 CFR parts 18
through 36. These areas are considered where explosive concentrations
of methane gas are most likely to occur.
Sec. 57.22316-2 Non-permissible PAPRs: Approval and certification
requirements.
(a) PAPRs which are not MSHA-approved and taken into specified
underground areas must meet the following conditions:
(1) Non-permissible PAPRs, including batteries when assembled for
use, must be approved by the National Institute for Occupational Safety
and Health (NIOSH) under 42 CFR part 84.
(2) Non-permissible PAPRs must be certified to the ANSI/UL 60079-11
standard listed in Sec. 57.22316-2(b)(1)(i) by a Nationally Recognized
Testing Laboratory (NRTL) in accordance with 29 CFR 1910.7.
Certification allows the manufacturer to mark the device as ``Ex ia
I'', meaning that the unit is certified to be used in hazardous
locations (``Ex''), has met the most onerous level of intrinsic safety
protection (``ia''), the Equipment Protection Level (``very high''),
and is acceptable for use in mines susceptible to firedamp (``I'').
(b) The material listed in this paragraph (b) is incorporated by
reference into this section with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved
incorporation by reference (IBR) material is available for inspection
at the U.S. Department of Labor, Mine Safety and Health Administration
(MSHA) and at the National Archives and Records Administration (NARA).
Contact MSHA at 200 Constitution Avenue NW, Washington, DC 20210. For
information on the availability of this material at NARA, visit
<a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email
<a href="/cdn-cgi/l/email-protection#4325316d2a2d30332620372a2c2d032d2231226d242c35"><span class="__cf_email__" data-cfemail="86e0f4a8efe8f5f6e3e5f2efe9e8c6e8e7f4e7a8e1e9f0">[email protected]</span></a>. The material is available as follows:
(1) International Society of Automation (ISA), 67 T.W. Alexander
Drive, P.O. Box 12277, Research Triangle Park, NC 27709; phone: (919)
549-8411; website: <a href="http://www.isa.org">www.isa.org</a>.
(i) ANSI/ISA 60079-11 (12.02.01)-2014, American National Standard
for Explosive Atmospheres--Part 11: Equipment protection by intrinsic
safety ``i'', Edition 6.2, Approved March 28, 2014.
(ii) ANSI/ISA 60079-25 (12.02.05)-2011, American National Standard
for Explosive Atmospheres--Part 25: Intrinsically safe electrical
systems, Approved December 2, 2011.
(2) UL Solutions. Comm 2000. 151 Eastern Avenue, Bensenville, IL
60106; phone: (888) 853-3503; website: <a href="http://www.ul.com">www.ul.com</a>.
(i) ANSI/UL 60079-0, Standard for Safety for Explosive
Atmospheres--Part 0: Equipment--General Requirements, Seventh Edition,
Dated March 26, 2019, including revisions through April 15, 2020 (ANSI/
UL 60079-0).
(ii) ANSI/UL 60079-1, Standard for Safety for Explosive
Atmospheres--Part 1: Equipment Protection by Flameproof Enclosures
``d'', Seventh Edition, Dated September 18, 2015, including revisions
through January 23, 2020 (ANSI/UL 60079-1).
(iii) ANSI/UL 60079-11, Standard for Safety for Explosive
Atmospheres--Part 11: Equipment Protection by Intrinsic Safety ``i'',
Sixth Edition, Dated February 15, 2013, including revisions through
September 14, 2018 (ANSI/UL 60079-11).
(iv) ANSI/UL 60079-18, Standard for Safety for Explosive
Atmospheres--Part 18: Equipment Protection by Encapsulation ``m'',
Fourth Edition,
[[Page 28415]]
Dated December 14, 2015, including revisions through February 7, 2019
(ANSI/UL 60079-18).
(v) ANSI/UL 60079-25, Standard for Safety for Explosive
Atmospheres--Part 25: Intrinsically Safe Electrical Systems, Second
Edition, Dated December 2, 2011, including revisions through June 12,
2020 (ANSI/UL 60079-25).
(vi) ANSI/UL 60079-28 Ed. 2-2017, Standard for Safety for Explosive
Atmospheres--Part 28: Protection of Equipment and Transmission Systems
Using Optical Radiation, Second Edition, Dated September 15, 2017,
including revisions through December 7, 2021 (ANSI/UL 60079-28).
Note 1 to Sec. 57.22316-2: The voluntary consensus standards
listed in this section may also be obtained from the American
National Standards Institute (ANSI), 1899 L Street NW, 11th Floor,
Washington, DC 20036; phone: (202) 293-8020; website: <a href="http://www.ansi.org">www.ansi.org</a>.
Sec. 57.22316-3 Non-permissible PAPRs: Requirements before use.
(a) Prior to being taken into specified underground areas, each
non-permissible PAPR shall be:
(1) Physically examined by a competent person as defined in Sec.
57.22002.
(i) The examination shall include the battery pack, and all
associated wiring and connections to determine if there are any
observable defects or damage that could negatively impact intrinsic
safety.
(ii) If any defect or damage is found, the non-permissible PAPR
shall be removed from service.
(2) Examined by the user in accordance with the manufacturer's
instructions to ensure the equipment is used according to the
manufacturer's recommendations and maintained in a safe operating
condition.
(b) The examination under (a)(1) and (a)(2) shall include:
(1) Checking the equipment for any physical damage and the
integrity of the case;
(2) Removing the battery (if removable/accessible) and examining
for corrosion;
(3) Inspecting the electrical contact points to ensure a secure
connection to the battery (if removable/accessible);
(4) Reinserting the battery (if removable/accessible) and powering
up and shutting down to ensure proper connections;
(5) Checking the battery compartment cover or battery attachment
(if removable/accessible) to ensure that it is securely fastened, and
for ingress of dust or moisture; and
(6) For equipment utilizing lithium type cells, ensuring that
lithium cells and/or packs are not damaged or swollen.
Sec. 57.22316-4 Non-permissible PAPRs: Continuous monitoring during
operation.
(a) Prior to energizing the non-permissible PAPR in the specified
underground areas, tests for methane shall be conducted in the mine
atmosphere of the specified area by a competent person.
(b) A competent person shall continuously monitor for methane in
the specified underground area immediately before and while non-
permissible PAPRs are present.
(c) All hand-held methane detectors shall be MSHA-approved and
maintained in permissible and proper operating condition.
(d) All methane detectors must provide visual and audible warnings
when the percent methane listed in Sec. Sec. 57.22232 through 57.22236
for the corresponding mine categories in Sec. 57.22003 is detected.
(e) When the percent methane listed in Sec. Sec. 57.22232 through
57.22236 for the corresponding mine categories in Sec. 57.22003 is
detected while the non-permissible PAPR is being used in the specified
underground areas, the equipment shall be de-energized immediately and
withdrawn from the area to outby the last open crosscut, out of areas
where methane may enter the air current, such as pillar recovery
workings, longwall faces and shortwall faces.
Sec. 57.22316-5 Non-permissible PAPRs: Requirements for batteries.
(a) Before each shift, all batteries for the non-permissible PAPRs
must be charged sufficiently to function the entire shift.
(b) Replacement batteries for non-permissible PAPRs must not be
taken into the specified underground areas.
(c) Batteries contained in the non-permissible PAPRs must be
changed in intake air outside of the specified underground areas.
(d) No batteries may be charged underground.
(e) The following maintenance and use conditions must apply to
equipment containing lithium-type batteries:
(1) Neither the battery pack nor the power unit may be disassembled
or modified by anyone other than permitted by the equipment
manufacturer.
(2) The battery must only be charged using the manufacturer's
recommended battery charger.
(3) Neither the battery pack nor the power unit, which contain the
internal battery, shall be exposed to water, allowed to get wet, or
immersed in liquid. This does not preclude incidental exposure of the
battery pack nor the power unit assembly.
(4) The non-permissible PAPR, including the internal battery, must
not be used, charged, or stored in locations where the manufacturer's
recommended temperature limits are exceeded. The non-permissible PAPR
must not be placed in direct sunlight nor stored near a source of heat.
(f) Follow the manufacturer's recommendations and instructions.
Check and monitor each non-permissible PAPR's run time.
(1) Routinely check the battery's charge status according to the
manufacturer's recommendation.
(2) Remove the battery from service when the battery fails to meet
the manufacturer's specifications including, but not limited to, run
time, temperature, and charging time.
(g) Follow the storage instructions as recommended by the
manufacturer. If the instructions are not followed for a battery stored
or otherwise unused for an extended period or the battery has no charge
remaining, consider it to be damaged and do not recharge it or use it.
Remove it from service and replace it with a new battery.
Sec. 57.22316-6 Non-permissible PAPRs: Maintenance and examination.
(a) All non-permissible PAPRs must be maintained to ensure safe
operating condition. When a potentially dangerous condition is found
with the equipment, such equipment must be immediately withdrawn from
the specified underground areas, taken out of service, and must be
repaired before returning to service.
(b) As specified under Sec. 57.22316-3, non-permissible PAPRs must
be examined according to the manufacturer's recommendations to ensure
safe operating condition.
(c) The mine operator must ensure that all non-permissible PAPRs
are serviced according to the manufacturer's recommendations.
Sec. 57.22316-7 Non-permissible PAPRs: Training.
(a) Miners who will use non-permissible PAPRs must be trained on
the requirements in Sec. Sec. 57.22316-1 through 57-22316-7 before the
non-permissible PAPRs can be used.
(b) Mine operators must train new miners under Sec. 48.5, train
experienced miners under Sec. 48.6, and train miners assigned new work
tasks under Sec. 48.7, on the requirements in Sec. Sec. 57.22316-1
through 57-22316-7. The training must include hazard recognition
specific to the mine.
[[Page 28416]]
(c) Mine operators must provide annual retraining to all miners who
may use non-permissible PAPRs under Sec. 48.8.
(d) Mine operators must include the following in their training:
(1) The proper use and maintenance of the non-permissible PAPRs, in
accordance with established manufacturer guidelines.
(2) How to recognize the hazards and limitations associated with
the use of non-permissible PAPRs in the areas where methane could be
present.
(3) That the PAPR is not approved under 30 CFR part 18 and must be
de-energized when 1.0 or more percent methane is detected.
(4) The proper procedures to safely de-energize the non-permissible
PAPR.
(5) How to examine the non-permissible PAPR before use to identify
any damage that could negatively impact intrinsic safety, or any of the
stipulations in Sec. Sec. 57.22316-1 through 57-22316-7.
(6) How to recognize non-permissible PAPR filter replacement
indicators.
(7) How to change filters when indicated.
(8) The proper procedures for transferring to self-rescue devices
during a mine emergency while wearing the non-permissible PAPR.
(e) Records of training required under this part must comply with
part 48.
(f) Mine operators must provide such records to MSHA upon request.
PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES
0
3. The authority citation for part 75 continues to read as follows:
Authority: 30 U.S.C. 811, 813(h), 957.
Subpart F--Electrical Equipment--General.
0
4. Add Sec. Sec. 75.530 through 75.537 to read as follows:
Sec. 75.530 Non-permissible powered air purifying respirators
(PAPRs): Purpose and scope.
Sec. 75.531 Non-permissible PAPRs: Definitions.
Sec. 75.532 Non-permissible PAPRs: Approval and certification
requirements.
Sec. 75.533 Non-permissible PAPRs: Requirements before use.
Sec. 75.534 Non-permissible PAPRs: Continuous monitoring during
operation.
Sec. 75.535 Non-permissible PAPRs: Requirements for batteries.
Sec. 75.536 Non-permissible PAPRs: Maintenance and examination.
Sec. 75.537 Non-permissible PAPRs: Training.
Sec. 75.530 Non-permissible powered air purifying respirators
(PAPRs): Purpose and scope.
(a) Non-permissible PAPRs meeting the provisions in Sec. Sec.
75.531 through 75.537 are permitted when no MSHA-approved PAPRs are
commercially available.
(b) In the event that an operator implements a non-permissible PAPR
at a mine, the operator must replace non-permissible PAPRs with
approved PAPRs at the end of the non-permissible PAPR useful life or 2
years after the date of manufacture, whichever is sooner, if approved
PAPRs become commercially available.
(c) PAPRs which are not MSHA-approved may be taken into and
operated in specified underground areas: in or inby the last open
crosscut, Sec. 75.500(d), in the return air outby the last open
crosscut, Sec. 75.507-1(a), or within 150 feet of the pillar workings
or longwall faces, Sec. 75.1002(a), when PAPRs that meet the
permissibility requirements in part 18 of this chapter do not exist.
(d) Sections 75.531 through 75.537 also establish requirements for
the features, use, and maintenance of non-permissible PAPRs, and the
training of the personnel using such equipment when production
activities are occurring and when production activities cease.
Sec. 75.531 Non-permissible PAPRs: Definitions.
The following definitions apply:
Commercially available. Currently being manufactured and available
for sale in the U.S.
Powered air purifying respirators (PAPRs). Battery-powered devices
certified by the National Institute for Occupational Safety and Health
(NIOSH) equipped with a facepiece, hood, or helmet, breathing tube,
canister, cartridge, filter, canister with filter, or cartridge with
filter, and a blower.
Production activities. Activities that generate coal dust or
methane gas including but not limited to cutting, drilling, blasting,
transporting, cleaning, loading, and unloading.
Specified underground area. An underground area located in or inby
the last open crosscut, in the return air outby the last open crosscut,
or within 150 feet of the pillar workings or longwall faces.
Sec. 75.532 Non-permissible PAPRs: Approval and certification
requirements.
(a) PAPRs which are not MSHA-approved and taken into specified
underground areas must meet the following conditions:
(1) Non-permissible PAPRs, including batteries when assembled for
use must be approved by the National Institute for Occupational Safety
and Health (NIOSH) under 42 CFR part 84.
(2) Non-permissible PAPRs must be certified to the ANSI/UL 60079-11
standard listed in this section by a Nationally Recognized Testing
Laboratory (NRTL) in accordance with 29 CFR 1910.7. Certification
allows the manufacturer to mark the device as ``Ex ia I'', meaning that
the unit is certified to be used in hazardous locations (``Ex''), has
met the most onerous level of intrinsic safety protection (``ia''), the
Equipment Protection Level (``very high''), and is acceptable for use
in mines susceptible to firedamp (``I'').
(b) The material listed in this paragraph (b) is incorporated by
reference into this section with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved
incorporation by Reference (IBR) material is available for inspection
at the U.S. Department of Labor, Mine Safety and Health Administration
(MSHA) and at the National Archives and Records Administration (NARA).
Contact MSHA at 200 Constitution Avenue NW, Washington, DC 20210. For
information on the availability of this material at NARA, visit
<a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email
<a href="/cdn-cgi/l/email-protection#b9dfcb97d0d7cac9dcdacdd0d6d7f9d7d8cbd897ded6cf"><span class="__cf_email__" data-cfemail="fb9d89d59295888b9e988f929495bb959a899ad59c948d">[email protected]</span></a>. The material may be obtained from the following
sources in this paragraph (b).
(1) International Society of Automation (ISA), 67 T.W. Alexander
Drive, P.O. Box 12277, Research Triangle Park, NC 27709; phone: (919)
549-8411; website: <a href="http://www.isa.org">www.isa.org</a>.
(i) ANSI/ISA 60079-11 (12.02.01)-2014, American National Standard
for Explosive Atmospheres--Part 11: Equipment protection by intrinsic
safety ``i'', Edition 6.2, Approved March 28, 2014.
(ii) ANSI/ISA 60079-25 (12.02.05)-2011, American National Standard
for Explosive Atmospheres--Part 25: Intrinsically safe electrical
systems, Approved December 2, 2011.
(2) UL Solutions. Comm 2000. 151 Eastern Avenue, Bensenville, IL
60106; phone: (888) 853-3503; website: <a href="http://www.ul.com">www.ul.com</a>.
(i) ANSI/UL 60079-0, Standard for Safety for Explosive
Atmospheres--Part 0: Equipment--General Requirements, Seventh Edition,
Dated March 26, 2019, including revisions through April 15, 2020 (ANSI/
UL 60079-0).
(ii) ANSI/UL 60079-1, Standard for Safety for Explosive
Atmospheres--Part 1: Equipment Protection by Flameproof Enclosures
``d'', Seventh Edition, Dated
[[Page 28417]]
September 18, 2015, including revisions through January 23, 2020 (ANSI/
UL 60079-1).
(iii) ANSI/UL 60079-11, Standard for Safety for Explosive
Atmospheres--Part 11: Equipment Protection by Intrinsic Safety ``i'',
Sixth Edition, Dated February 15, 2013, including revisions through
September 14, 2018 (ANSI/UL 60079-11).
(iv) ANSI/UL 60079-18, Standard for Safety for Explosive
Atmospheres--Part 18: Equipment Protection by Encapsulation ``m'',
Fourth Edition, Dated December 14, 2015, including revisions through
February 7, 2019 (ANSI/UL 60079-18).
(v) ANSI/UL 60079-25, Standard for Safety for Explosive
Atmospheres--Part 25: Intrinsically Safe Electrical Systems, Second
Edition, Dated December 2, 2011, including revisions through June 12,
2020 (ANSI/UL 60079-25).
(vi) ANSI/UL 60079-28, Standard for Safety for Explosive
Atmospheres--Part 28: Protection of Equipment and Transmission Systems
Using Optical Radiation, Second Edition, Dated September 15, 2017,
including revisions through December 7, 2021 (ANSI/UL 60079-28).
Note 1 to Sec. 75.532: The voluntary consensus standards
listed in this section may also be obtained from the American
National Standards Institute (ANSI), 1899 L Street NW, 11th Floor,
Washington, DC 20036; phone: (202) 293-8020; website: <a href="http://www.ansi.org">www.ansi.org</a>.
Sec. 75.533 Non-permissible PAPRs: Requirements before use.
(a) Prior to being taken into specified underground areas, each
non-permissible PAPR shall be:
(1) Physically examined by a qualified person as defined in Sec.
75.153.
(i) The examination shall include the battery pack, and all
associated wiring and connections to determine if there are any
observable defects or damage that could negatively impact intrinsic
safety.
(ii) If any defect or damage is found, the non-permissible PAPR
shall be removed from service.
(2) Examined by the user in accordance with the manufacturer's
instructions to ensure the equipment is used according to the
manufacturer's recommendations and maintained in a safe operating
condition.
(b) The examination under (a)(1) and (a)(2) shall include:
(1) Checking the equipment for any physical damage and the
integrity of the case;
(2) Removing the battery (if removable/accessible) and examining
for corrosion;
(3) Inspecting the contact points to ensure a secure connection to
the battery (if removable/accessible);
(4) Reinserting the battery (if removable/accessible) and powering
up and shutting down to ensure proper connections;
(5) Checking the battery compartment cover or battery attachment
(if removable/accessible) to ensure that it is securely fastened, and
for ingress of dust or moisture; and
(6) For equipment utilizing lithium type cells, ensuring that
lithium cells and/or packs are not damaged or swollen.
Sec. 75.534 Non-permissible PAPRs: Continuous monitoring during
operation.
(a) Prior to energizing the non-permissible PAPR in the specified
underground areas, methane tests must be made in accordance with Sec.
75.323(a).
(b) A qualified person shall continuously monitor for methane
immediately before and while non-permissible PAPRs are present in the
specified underground area.
(c) All hand-held methane detectors shall be MSHA-approved and
maintained in permissible and proper operating condition.
(d) All methane detectors must provide visual and audible warnings
when methane is detected in concentrations at or above 1.0 percent.
(e) When 1.0 percent or more methane is detected while the non-
permissible PAPR is being used in the specified underground areas, the
equipment shall be de-energized immediately and withdrawn from the area
to outby the last open crosscut, out of the return air outby the last
open crosscut, or more than 150 feet from pillar workings or longwall
faces.
Sec. 75.535 Non-permissible PAPRs: Requirements for batteries.
(a) Before each shift, all batteries for the non-permissible PAPRs
must be charged sufficiently to function the entire shift.
(b) Replacement batteries for non-permissible PAPRs must not be
taken into the specified underground areas.
(c) Batteries contained in the non-permissible PAPRs must be
changed out in intake air outside of the specified underground areas.
(d) No batteries may be charged underground.
(e) The following maintenance and use conditions must apply to
equipment containing lithium-type batteries:
(1) Neither the battery pack nor the power unit may be disassembled
or modified by anyone other than permitted by the equipment
manufacturer.
(2) The battery must only be charged using the manufacturer's
recommended battery charger.
(3) Neither the battery pack nor the power unit, which contain the
internal battery, shall be exposed to water, allowed to get wet, or
immersed in liquid. This does not preclude incidental exposure of the
battery pack nor the power unit assembly.
(4) The non-permissible PAPR, including the internal battery, must
not be used, charged, or stored in locations where the manufacturer's
recommended temperature limits are exceeded. The non-permissible PAPR
must not be placed in direct sunlight nor stored near a source of heat.
(f) Follow the manufacturer's recommendations and instructions.
Check and monitor each non-permissible PAPR's run time.
(1) Routinely check the battery's charge status according to the
manufacturer's recommendation.
(2) Remove the battery from service when the battery fails to meet
the manufacturer's specifications, including, but not limited to, run
time, temperature, and charging time.
(g) Follow the storage instructions as recommended by the
manufacturer. If the instructions are not followed for a battery stored
or otherwise unused for an extended period or the battery has no charge
remaining, consider it to be damaged and do not recharge it or use it.
Remove it from service and replace it with a new battery.
Sec. 75.536 Non-permissible PAPRs: Maintenance and examination.
(a) All non-permissible PAPRs must be maintained to ensure safe
operating condition. When a potentially dangerous condition is found
with the equipment, such equipment must be immediately withdrawn from
the specified underground areas, taken out of service, and must be
repaired before returning to service.
(b) As specified under Sec. 75.533, non-permissible PAPRs must be
examined according to the manufacturer's instructions to ensure safe
operating condition.
(c) The mine operator must ensure that all non-permissible PAPRs
are serviced according to the manufacturer's recommendations.
Sec. 75.537 Non-permissible PAPRs: Training.
(a) Miners who will use non-permissible PAPRs must be trained on
the requirements in Sec. Sec. 75.531 through 75.537 before the non-
permissible PAPRs can be used.
(b) Mine operators must train new miners under Sec. 48.5, train
experienced
[[Page 28418]]
miners under Sec. 48.6, and train miners assigned new work tasks under
Sec. 48.7, on the requirements in Sec. Sec. 75.531 through 75.537.
The training must include hazard recognition specific to the mine.
(c) Mine operators must provide annual retraining to all miners who
may use non-permissible PAPRs under Sec. 48.8.
(d) Mine operators must include the following in their training:
(1) The proper use and maintenance of the non-permissible PAPRs, in
accordance with established manufacturer guidelines.
(2) How to recognize the hazards and limitations associated with
the use of non-permissible PAPRs in the areas where methane could be
present.
(3) That the PAPR is not approved under 30 CFR part 18 and must be
de-energized when 1.0 or more percent methane is detected.
(4) The proper procedures to safely de-energize the non-permissible
PAPR.
(5) How to examine the non-permissible PAPR before use to identify
any damage that could negatively impact intrinsic safety, or any of the
stipulations in Sec. Sec. 75.531 through 75.537.
(6) How to recognize non-permissible PAPR filter replacement
indicators.
(7) How to change filters when indicated.
(8) How to properly position their Proximity Detection System's
(PDS) miner wearable component (MWC) at least six inches from their
non-permissible PAPR's battery/motor blower or battery/power unit to
prevent interference.
(9) The proper procedures for donning Self-Contained Self Rescuers
(SCSRs) during a mine emergency while wearing the non-permissible PAPR.
(e) Records of training required under this part must comply with
part 48.
(f) Mine operators must provide such records to MSHA upon request.
James P. McHugh,
Deputy Assistant Secretary for Policy, Mine Safety and Health
Administration.
[FR Doc. 2025-11743 Filed 6-30-25; 8:45 am]
BILLING CODE 4520-43-P
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