81 FR 7121 - Closed-Circuit Escape Respirators; Approval of Cap 3 Device for Underground Coal Mining

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention

Federal Register Volume 81, Issue 27 (February 10, 2016)

The National Institute for Occupational Safety and Health (NIOSH) and the Mine Safety and Health Administration (MSHA) have approved the first large-capacity (Cap 3) closed-circuit escape respirator (CCER) for use in underground coal mining, under the NIOSH new regulatory standard. Accordingly, respirator manufacturers may continue to manufacture, label, and sell large-capacity CCERs approved under the former regulatory standard (those CCERs with a rated service time of greater than 50 minutes) for underground coal mining approved under the former regulatory standard until January 4, 2017.

[Federal Register Volume 81, Number 27 (Wednesday, February 10, 2016)]
[Notices]
[Pages 7121-7122]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02649]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Closed-Circuit Escape Respirators; Approval of Cap 3 Device for 
Underground Coal Mining

AGENCY: National Institute for Occupational Safety and Health (NIOSH) 
of the Centers for Disease Control and Prevention (CDC), Department of 
Health and Human Services (HHS).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The National Institute for Occupational Safety and Health 
(NIOSH) and the Mine Safety and Health Administration (MSHA) have 
approved the first large-capacity (Cap 3) closed-circuit escape 
respirator (CCER) for use in underground coal mining, under the NIOSH 
new regulatory standard. Accordingly, respirator manufacturers may 
continue to manufacture, label, and sell large-capacity CCERs approved 
under the former regulatory standard (those CCERs with a rated service 
time of greater than 50 minutes) for underground coal mining approved 
under the former regulatory standard until January 4, 2017.

FOR FURTHER INFORMATION CONTACT: David Chirdon, NIOSH National Personal 
Protective Technology Laboratory (NPPTL), 626 Cochrans Mill Road, 
Pittsburgh, PA 15236; 412-386-4000 (this is not a toll-free phone 
number).

SUPPLEMENTARY INFORMATION: In March 2012, the Department of Health and 
Human Services (HHS) published a final rule establishing a new 
standard, codified in 42 CFR part 84, subpart O, for the certification 
of closed-circuit escape respirators (CCERs) by the National Institute 
for Occupational Safety and Health (NIOSH) within the Centers for 
Disease Control and Prevention (CDC). The new standard was originally 
designed to take effect over a 3-year transition period. However, in a 
final rule published on August 12, 2015, HHS determined that extending 
the concluding date for the transition was necessary to allow 
sufficient time for respirator manufacturers to meet the demands of the 
mining, maritime, railroad, and other industries.\1\ Pursuant to the 
August 2015 final rule, the continued manufacturing, labeling, and 
selling of CCERs approved under the former standard in Subpart H was 
authorized until either April 9, 2015 or 1 year after the date that 
NIOSH first approves a CCER model under the capacity rating categories 
Cap 1 (for mining applications) and Cap 3 (mining and non-mining) 
described in 42 CFR 84.304, whichever date came later.
---------------------------------------------------------------------------

    \1\ 80 FR 48268.
---------------------------------------------------------------------------

    In accordance with 42 CFR 84.301, NIOSH and the Mine Safety and 
Health Administration (MSHA) have approved the first large-capacity 
(Cap 3) CCER for use in underground coal mining, under the standards 
published in 42 CFR part 84, subpart O. Approval number TC-13G-0005 was 
issued to Ocenco, Inc., on January 4, 2016 for a Cap 3 CCER,

[[Page 7122]]

Model EBA 75 CCER for Mining. Pursuant to 42 CFR 84.301, manufacturers 
may continue to manufacture, label, and sell large-capacity CCERs 
approved under the former regulatory standard in subpart H (those CCERs 
with a rated service time of greater than 50 minutes) for mining, until 
1 year after this approval date, or until January 4, 2017.
    All types of CCERs approved under subpart H that were manufactured 
and labeled as NIOSH-approved and sold by April 9, 2015, as well as 
those units manufactured and labeled as NIOSH-approved and sold during 
the extended time periods pursuant to Sec.  84.301, may continue to be 
used as NIOSH-approved respirators until the end of their service life.

    Dated: February 1, 2016.
John Howard,
Director, National Institute for Occupational Safety and Health, 
Centers for Disease Control and Prevention.
[FR Doc. 2016-02649 Filed 2-9-16; 8:45 am]
 BILLING CODE 4163-19-P