Powered Air Purifying Respirators (PAPRs) in Underground Mines

Issuing agencies

Abstract

In response to a public request, the Mine Safety and Health Administration (MSHA) is reopening the rulemaking record and is scheduling a virtual public hearing on the Agency's proposed rule published on July 1, 2025, titled, "Powered Air Purifying Respirators (PAPRs) in Underground Mines."

Full Text

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[Federal Register Volume 91, Number 199 (Friday, October 16, 2026)]
[Proposed Rules]
[Pages 65697-65698]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21154]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 91, No. 199 / Friday, October 16, 2026 / 
Proposed Rules

[[Page 65697]]



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, Department of Labor.

ACTION: Proposed rule; reopening of comment period and notice of public 
hearing.

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SUMMARY: In response to a public request, the Mine Safety and Health 
Administration (MSHA) is reopening the rulemaking record and is 
scheduling a virtual public hearing on the Agency's proposed rule 
published on July 1, 2025, titled, ``Powered Air Purifying Respirators 
(PAPRs) in Underground Mines.''

DATES: 
    Reopening of the comment period: MSHA is reopening the comment 
period for the proposed rule published on July 1, 2025, (90 FR 28406) 
for additional public comments. All new comments must be received or 
postmarked by 11:59 p.m. Eastern Time on December 8, 2026.
    Public Hearing: The virtual public hearing will be held on November 
17, 2026. Information on how to participate is listed below under 
SUPPLEMENTARY INFORMATION.

ADDRESSES: You may submit comments and informational materials, 
identified by Docket No. MSHA-2025-0089, electronically at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for making 
electronic submissions. 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. Interested 
parties may present verbal testimony at the virtual public hearing. For 
more information on the public hearing, see SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Corliss A. Josephs-Conway, 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

    On July 1, 2025, MSHA published the proposed rule, ``Powered Air 
Purifying Respirators (PAPRs) in Underground Mines'' (90 FR 28406). The 
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. The proposed rule opened a 30-day public 
comment period, that was extended an additional 30 days, until 
September 2, 2025 (90 FR 34405). During the comment period, MSHA 
received a request for a public hearing on the proposed rule. MSHA is 
reopening the comment period for the proposed rule and announcing a 
virtual public hearing to allow industry, labor, and other interested 
parties an additional opportunity to present oral statements, written 
comments, and other information on the proposed rule.

II. Virtual Public Hearing

    MSHA will hold a fully virtual public hearing to accept comments 
from the public on the proposed rule, ``Powered Air Purifying 
Respirators (PAPRs) in Underground Mines'' (90 FR 28406), on November 
17, 2026. The event will begin at 9:00 a.m. Eastern Time and will end 
after the last presenter speaks.

------------------------------------------------------------------------
                                       Virtual meeting
           Date and time                   access           Contact No.
------------------------------------------------------------------------
November 17, 2026, 9:00 a.m.        Virtual meeting         202-693-9440
 Eastern Time.                       accessible online
                                     at: <a href="https://www.msha.gov/regulations/rulemaking/paprs-public-hearing">https://www.msha.gov/regulations/rulemaking/paprs-public-hearing</a>..
------------------------------------------------------------------------

    The virtual public hearing will begin with an opening statement 
from MSHA, followed by an opportunity for members of the public to make 
oral presentations. Speakers and other attendees may present 
information to MSHA for inclusion in the rulemaking record. The hearing 
will be conducted in an informal manner. Formal rules of evidence and 
cross examination will not apply.
    Those who wish to speak during the virtual public hearing are asked 
to register at: <a href="https://www.msha.gov/regulations/rulemaking/paprs-public-hearing">https://www.msha.gov/regulations/rulemaking/paprs-public-hearing</a>. Speakers should register by 11:59 p.m. Eastern Time on 
November 13, 2026. If you do not register in advance and you wish to 
speak, you will be called after all those who registered have spoken.
    A verbatim transcript of the hearing will be prepared and made a 
part of the rulemaking record. A copy of the transcript will be 
available to the public. MSHA will make the transcript available at 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>.

III. Request for Comments

    MSHA is interested in receiving comments from all members of the 
mining community and all interested stakeholders. MSHA will accept 
comments from any interested party, including those not presenting oral 
statements during the virtual public hearing. Where possible, specific 
examples to support a commenter's rationale are strongly encouraged.
    MSHA will accept post-hearing written comments and other 
appropriate information for the rulemaking record from any interested 
party, including those not presenting oral statements, received by 
11:59 p.m. Eastern Time on December 8, 2026. Comments previously 
submitted on the proposed

[[Page 65698]]

rule do not need to be resubmitted and will be fully considered in 
development of the final rule.

(Authority: 30 U.S.C. 811, 813(h), 957)

Wayne D. Palmer,
Assistant Secretary of Labor, Mine Safety and Health Administration.
[FR Doc. 2026-21154 Filed 10-15-26; 8:45 am]
BILLING CODE 4520-43-P


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