30398 Federal Register / Vol. 60, No. 110 / Thursday, June 8, 1995 / Rules and Regulations

APPENDIX A TO PREAMBLE—COMPARISON OF FINAL RULE TO PROPOSED RULE—Continued

Proposed

section

Final

section Change from proposal to final

84.200 84.200 No change from proposal.

84.201 84.201 No change from proposal.

84.202 84.202 No change from proposal.

84.203 84.203 No change from proposal.

84.204 84.204 No change from proposal.

84.205 84.205 No change from proposal.

84.206 84.206 No change from proposal.

84.207 84.207 No change from proposal.

84.250 84.250 No change from proposal.

84.251 84.251 No change from proposal.

84.252 84.252 No change from proposal.

84.253 84.253 No change from proposal.

84.254 84.254 No change from proposal.

84.255 84.255 No change from proposal.

84.256 84.256 No change from proposal.

84.257 84.257 No change from proposal.

84.258 84.258 No change from proposal.

Subpart KK (Dust, Fume, and Mist;

Pesticide; Paint Spray; Powered Air-Purifying

High Efficiency Respirators and Combination

Gas Masks) has been added to the final rule

to allow needed applications for extensions

of approvals for dust/fume/mist respirators

previously approved under 30 CFR Part 11.

This subpart also includes the requirements

for powered air-purifying respirators.

84.1100 Scope and effective dates.

84.1101 Definitions.

84.1102 Examination, inspection and

testing of complete respirator assemblies;

fees.

84.1103 Approval labels and markings;

approval of contents; use.

84.1130 Respirators; description.

84.1131 Respirators; required components.

84.1132 Breathing tubes; minimum

requirements.

84.1133 Harnesses; installation and

construction; minimum requirements.

84.1134 Respirator containers; minimum

requirements.

84.1135 Half-mask facepieces, full

facepieces, hoods, helmets, and

mouthpieces; fit; minimum requirements.

84.1136 Facepieces, hoods, and helmets;

eyepieces; minimum requirements.

84.1137 Inhalation and exhalation valves;

minimum requirements.

84.1138 Head harnesses; minimum

requirements.

84.1139 Air velocity and noise levels;

hoods and helmets; minimum

requirements.

84.1140 Dust, fume, and mist respirators;

performance requirements; general.

84.1141 Isoamyl acetate tightness test; dust,

fume, and mist respirators designed for

respiratory protection against fumes of

various metals having an air contamination

level not less than 0.05 milligram per cubic

meter; minimum requirements.

84.1142 Isoamyl acetate tightness test;

respirators designed for respiratory

protection against dusts, fumes, and mists

having an air contamination level less than

0.05 milligram per cubic meter, or against

radionuclides; minimum requirements.

84.1143 Dust, fume, and mist air-purifying

filter tests; performance requirements;

general.

84.1144 Silica dust test for dust, fume, and

mist respirators; single-use or reusable

filters; minimum requirements.

84.1145 Silica dust test; non-powered

single-use dust respirators; minimum

requirements.

84.1146 Lead fume test for dust, fume, and

mist respirators; minimum requirements.

84.1147 Silica mist test for dust, fume, and

mist respirators; minimum requirements.

84.1148 Tests for respirators designed for

respiratory protection against more than

one type of dispersoid; minimum

requirements.

84.1149 Airflow resistance tests; all dust,

fume, and mist respirators; minimum

requirements.

84.1150 Exhalation valve leakage test;

minimum requirements.

84.1151 DOP filter test; respirators designed

as respiratory protection against dusts,

fumes, and mists having an air

contamination level less than 0.05

milligram per cubic meter and against

radionuclides; minimum requirements.

84.1152 Silica dust loading test; respirators

designed as protection against dusts,

fumes, and mists having an air

contamination level less than 0.05

milligram per cubic meter and against

radionuclides; minimum requirements.

84.1153 Dust, fume, mist, and smoke tests;

canister bench tests; gas mask canisters

containing filters; minimum requirements.

84.1154 Canister and cartridge

requirements.

84.1155 Filters used with canisters and

cartridges; location; placement.

84.1156 Pesticide respirators; performance

requirements; general.

84.1157 Chemical cartridge respirators with

particulate filters; performance

requirements; general.

84.1158 Dust, fume, and mist tests;

respirators with filters; minimum

requirements; general.

[FR Doc. 95–13287 Filed 6–2–95; 12:10 pm]

BILLING CODE 4160–19–P

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 11, 49, 56, 57, 58, 70, 72,

75

RIN 1219–AA85

Respiratory Protective Devices

AGENCY: Mine Safety and Health

Administration, Labor.

ACTION: Final rule.

SUMMARY: This final rule, in conjunction

with the National Institute for

Occupational Safety and Health

(NIOSH) final rule published

concurrently in this Federal Register,

transfers to NIOSH existing Mine Safety

and Health Administration (MSHA)

regulations pertaining to the testing,

performance, and joint MSHA-NIOSH

approval of respirators under the Mine

Act. MSHA retains existing provisions

related to the selection, use, and

maintenance of respirators for coal and

metal and nonmetal mines. Under the

NIOSH rule, MSHA retains joint

approval responsibility for certain

mining-related respiratory protective

devices. MSHA’s transfer of the

respirator approval program to NIOSH

will more accurately reflect the

respective roles of the two agencies in

the approval of respirators. A

memorandum of understanding (MOU)

between MSHA and NIOSH delineates

the roles of both agencies in the

respirator approval program. This MOU

is published elsewhere in this separate

part of the Federal Register. MSHA’s

final rule will not affect the compliance

responsibilities of mine operators.

EFFECTIVE DATE: This final rule is

effective on July 10, 1995. The

incorporation by reference of certain
Federal Register / Vol. 60, No. 110 / Thursday, June 8, 1995 / Rules and Regulations 30399

publications listed in the regulations is

approved by the Director of the Federal

Register as of July 10, 1995.

FOR FURTHER INFORMATION CONTACT:

Patricia W. Silvey, Director, Office of

Standards, Regulations, and Variances,

MSHA, 703–235–1910.

SUPPLEMENTARY INFORMATION:

I. Background

Until 1972, the U.S. Bureau of Mines

(BOM) was solely responsible for testing

and approving respirators. In 1972,

BOM and NIOSH jointly published 30

CFR part 11 which replaced BOM’s

rules and procedures and delineated the

responsibilities of the two agencies.

Under these regulations, BOM evaluated

respirator performance and NIOSH

administered the quality control

provisions. BOM also tested the

intrinsic safety of electrical components

of respirators intended for use in

potentially explosive atmospheres in

underground mines under the

requirements of 30 CFR part 18.

A memorandum of understanding

(MOU) between the two agencies, dated

May 30, 1972, refined their respective

roles. In 1973, 30 CFR part 11 was

amended and NIOSH acquired primary

responsibility for performance testing of

respirators, although all approvals

continued to be issued jointly. BOM

retained its responsibility for testing the

intrinsic safety of electrical components

of respirators intended for use in

underground gassy mines.

In 1974, the Mining Enforcement and

Safety Administration (MESA), MSHA’s

predecessor agency, was created and

BOM’s responsibilities under 30 CFR

were transferred to that agency. MESA

continued to test the electrical

components of certain respirators for

intrinsic safety under 30 CFR part 18

and issue supplemental approvals

permitting these components to be used

in underground gassy mines.

When it was created in 1978, MSHA

took over the responsibilities for

respirator testing and approval which

previously had been conducted by

MESA. In addition, MSHA currently

reviews applications for respirator

approvals and has conducted some

product evaluations, laboratory testing,

and quality assurance product audits for

certain respirators. The testing and

approval activities specified by 30 CFR

part 11 continue to be conducted

primarily by NIOSH.

II. Discussion of Final Rule

A. General Discussion

MSHA is transferring the

requirements for approval of respirators

from 30 CFR part 11 to NIOSH, which

is publishing the requirements

elsewhere in this separate part of the

Federal Register as a new 42 CFR part

84. To effectuate the transfer, MSHA is

publishing this final rule removing 30

CFR part 11. NIOSH also is upgrading

the testing requirements for particulate

filters, which improve the current

approach to evaluating the effectiveness

of an air-purifying respirator’s filter to

remove toxic particulates from the

ambient air. The new testing

requirements for particulate filters

update existing provisions to be

consistent with two decades of advances

in respiratory protection technology.

Under 42 CFR part 84, MSHA and

NIOSH will continue to review and

jointly approve respirators for mine

rescue and other mine emergencies and

their associated service-life plans and

users manuals. These respirators

include devices such as filter selfrescuers (FSR), self-contained selfrescuers (SCSR), mine rescue apparatus

(long duration, closed and open circuit

devices), and other self-contained

breathing apparatus (SCBA). Retention

of joint approval under the NIOSH final

rule preserves MSHA’s role in the

approval of certain respirators whose

use in mines is an important part of

safeguarding the health and safety of

miners. In addition, MSHA will

continue to test the intrinsic safety of

electrical components of respirators to

be used in underground coal mines and

underground gassy metal and nonmetal

mines and issue a separate MSHA

approval under 30 CFR part 18 for such

respirator components.

To facilitate implementing this rule,

NIOSH and MSHA have developed a

new MOU which delineates the roles of

both agencies in the respirator approval

program. For example, the MOU

establishes procedures to be followed by

both agencies for joint approval of

respirators used for mine rescue and

other mine emergencies; it establishes

guidelines for consultation and

exchange of information between MSHA

and NIOSH with respect to issues

dealing with respirator approval and

related matters; and it provides that

NIOSH and MSHA notify each other

immediately of field complaints and

identified deficiencies concerning

approved respirators.

MSHA and NIOSH have coordinated

their rulemaking activities to ensure that

the level of protection provided miners

and other affected workers by the

existing standards will not be lessened.

In particular, all technical data and

commenter information have been

shared by the respective agencies.

B. Comments to MSHA’s Proposed Rule

MSHA received few comments from

the mining community and the public.

Most comments were addressed to

NIOSH. Generally, comments to MSHA

supported the transfer of the respirator

approval program to NIOSH. One

commenter explained that the transfer

and redesignation would enhance

accountability for regulatory actions,

improve and expedite the approval

process, and consolidate responsibility

in one agency. This same commenter

requested an opportunity to participate

in the development of the MOU to

ensure that MSHA retains a strong role

with regard to mine-specific respiratory

devices because of MSHA’s expertise in

the field. A commenter to NIOSH also

expressed concern that MSHA’s role

would be diminished under the transfer

and asked to participate in the

development of the MOU.

MSHA and NIOSH have concluded

that the MOU is most appropriately

developed by the two agencies because

it is an administrative tool to delineate

their respective roles. The MOU does

not impose any additional obligations

on the mining industry. Recognizing the

concerns of commenters, however, the

MOU carefully details how MSHA will

continue to have a strong role with

respect to respiratory protective devices

used in the mining industry.

A commenter requested that MSHA

incorporate by reference the most recent

American National Standards Institute

(ANSI) standard for respiratory

protective devices, ‘‘ANSI Z88.2–1992,’’

in the recodification of §§ 11.2–1 and

11.4 which incorporate by reference

ANSI Z88.2–1969 ‘‘Practices for

Respiratory Protection.’’ ANSI Z88.2

addresses respiratory protection

programs which include the selection,

fit, use, and maintenance of respirators.

The 1992 ANSI standard differs

substantively from the 1969 ANSI

standard. Incorporating by reference the

1992 ANSI standard is beyond the scope

of this rulemaking which addresses the

administrative transfer of the respirator

approval program to NIOSH and, as

discussed below, the nonsubstantive

recodification of §§ 11.2–1 and 11.4.

Although ANSI Z88.2–1969 is retained

in this final rule, MSHA currently is

addressing respiratory protection

programs in its air quality rulemaking.

C. Other Sections Affected

The final rule removes 30 CFR part

11; however, it retains those provisions

which relate to the selection, use, and

maintenance of respirators. Section

11.2(a) requires the use of approved

respirators and the maintenance of such
30400 Federal Register / Vol. 60, No. 110 / Thursday, June 8, 1995 / Rules and Regulations

respirators in an approved condition. As

discussed previously, §§ 11.2–1 and

11.4 require the selection, fitting, use,

and maintenance of respirators in

accordance with ANSI Z88.2. Because

these provisions are use-related, as

opposed to approval-related, MSHA

addresses them in separate standards for

the use of respirators. MSHA had

proposed that these provisions be

recodified in 30 CFR parts 70 and 71.

Instead, MSHA is recodifying these

provisions in 30 CFR part 72, ‘‘Health

Standards for Coal Mines’’ to ease

understanding and eliminate

duplication. This final rule does not

change the requirements for metal and

nonmetal mines in 30 CFR 56/57.5005

which already reference ANSI Z88.2–

1969.

This final rule makes conforming,

nonsubstantive editorial and

nomenclature revisions to standards in

title 30 that reference the use of

respirators approved under 30 CFR part

11 to reflect the transfer of those

standards to 42 CFR part 84. These

revisions do not change the compliance

responsibility of mine operators who

continue to be required to provide

miners with ‘‘approved’’ respirators.

D. Grandfathering of Respirators

Approved Under 30 CFR Part 11

Approvals issued under 30 CFR part

11 for all respirators, except particulate

filter respirators, will be unaffected by

42 CFR part 84. For 3 years from July

10, 1995, NIOSH will continue to

authorize manufacturers to sell, as

MSHA–NIOSH ‘‘approved’’ devices,

particulate filter respirators which had

been approved under 30 CFR part 11.

This will allow adequate time for

manufacturers to convert to production

of respirators meeting the new

particulate filter requirements of 42 CFR

part 84. Until supplies of particulate

filter respirators which had been

approved under 30 CFR part 11 are

depleted, MSHA will allow their use as

‘‘approved’’ devices.

As discussed in the preamble to 42

CFR part 84, applications for approval

or extensions of approval received prior

to the effective date of 42 CFR part 84

will be processed under the

requirements of 30 CFR part 11.

Applications for approval or extensions

of approval received on or after the

effective date of 42 CFR part 84 will be

processed under the provisions of 42

CFR part 84. For additional information

on the transition from 30 CFR part 11

to 42 CFR part 84, see the NIOSH final

rule published elsewhere in this

separate part of the Federal Register.

The new 42 CFR part 84 does not

include the provisions of 30 CFR 11.2(b)

which allowed gas masks approved

under the former BOM Schedule 14F

(dated April 23, 1955) to continue to be

accepted as ‘‘approved’’ devices for use

in hazardous atmospheres. MSHA’s

experience indicates that few of these

14F gas masks currently are sold or

used. As indicated in the preamble to 42

CFR part 84, published elsewhere in

this separate part of the Federal

Register, the approval records on these

BOM-approved respirators no longer

exist and, therefore, NIOSH has no way

of monitoring their production to ensure

that they continue to meet the approved

design. Thus, the removal of the

provisions in 30 CFR 11.2(b) removes

the authority to continue marketing

these respirators as ‘‘approved’’ devices.

III. Executive Order 12866 and

Regulatory Flexibility Act

This is not a significant rule under

Executive Order 12866. In addition, this

rule does not have a significant

economic impact on a substantial

number of small entities as it only

removes the regulations in 30 CFR part

11; retains certain responsibilities for

the use of respirators in mining; and

makes nonsubstantive revisions. The

Agency, therefore, has not prepared a

regulatory flexibility analysis.

IV. Paperwork Reduction Act

The recordkeeping and reporting

requirements in 30 CFR part 11 have

been transferred to 42 CFR part 84.

List of Subjects

30 CFR Part 11

Administrative practice and

procedure, Mine safety and health,

Pesticides and pests, Reporting and

recordkeeping requirements.

30 CFR Parts 49, 56, 57, 58, 70, and 75

Mine safety and health, Personal

protective equipment, Reporting and

recordkeeping requirements,

Respirators.

30 CFR Part 72

Coal, Incorporation by reference,

Mine safety and health, Personal

protective equipment, Respirators.

For the reasons set out in the

preamble and under the authority of 30

U.S.C. 957, 30 CFR chapter I is amended

as follows.

§§ 11.2–1 and 11.4 [Redesignated as

§ 72.710]

1. Sections 11.2–1 and 11.4 are

redesignated as § 72.710, paragraphs (a)

and (b) respectively, in subpart E of part

72.

PART 11—[REMOVED]

2. Part 11 is removed.

PART 49—[AMENDED]

3. The authority citation for part 49 is

revised to read as follows:

Authority: 30 U.S.C. 811, 825(e), 957.

4. Section 49.6 is amended by revising

paragraph (a)(1) to read as follows:

§ 49.6 Equipment and maintenance

requirements.

(a) * * *

(1) Twelve self-contained oxygen

breathing apparatus, each with a

minimum of 2 hours capacity (approved

by MSHA and NIOSH under 42 CFR

part 84, subpart H), and any necessary

equipment for testing such breathing

apparatus;

* * * * *

PART 56—[AMENDED]

5. The authority citation for part 56 is

revised to read as follows:

Authority: 30 U.S.C. 811, 957, 961.

6. Section 56.5005 is amended by

revising paragraph (a) to read as follows:

§ 56.5005 Control of exposure to airborne

contaminants.

* * * * *

(a) Respirators approved by NIOSH

under 42 CFR part 84 which are

applicable and suitable for the purpose

intended shall be furnished and miners

shall use the protective equipment in

accordance with training and

instruction.

* * * * *

PART 57—[AMENDED]

7. The authority citation for part 57 is

revised to read as follows:

Authority: 30 U.S.C. 811, 957, 961.

8. Section 57.5005 is amended by

revising paragraph (a) to read as follows:

§ 57.5005 Control of exposure to airborne

contaminants.

* * * * *

(a) Respirators approved by NIOSH

under 42 CFR part 84 which are

applicable and suitable for the purpose

intended shall be furnished and miners

shall use the protective equipment in

accordance with training and

instruction.

* * * * *

9. Section 57.5044 is revised to read

as follows:

§ 57.5044 Respirators.

In environments exceeding 1.0 WL,

miners shall wear respirators approved
Federal Register / Vol. 60, No. 110 / Thursday, June 8, 1995 / Rules and Regulations 30401

by NIOSH for radon daughters prior to

July 10, 1995 or under the equivalent

section of 42 CFR part 84 and such

respirator use shall be in compliance

with § 57.5005.

10. Section 57.15030 is revised to read

as follows:

§ 57.15030 Provision and maintenance of

self-rescue devices.

A 1-hour self-rescue device approved

by MSHA and NIOSH under 42 CFR

part 84 shall be made available by the

operator to all personnel underground.

Each operator shall maintain self-rescue

devices in good condition.

11. Section 57.22315 is amended by

revising the second sentence to read as

follows:

§ 57.22315 Self-contained breathing

apparatus (V–A mines).

* * * Such apparatus shall be

approved by MSHA and NIOSH under

42 CFR part 84 and shall be maintained

in accordance with manufacturers’

specifications. * * *

PART 58—[AMENDED]

12. The authority citation for part 58

is revised to read as follows:

Authority: 30 U.S.C. 811, 957, 961.

13. Section 58.610 is amended by

revising paragraph (a) to read as follows:

§ 58.610 Abrasive blasting.

(a) Surface and underground mines.

When an abrasive blasting operation is

performed, all exposed miners shall use

in accordance with 30 CFR 56.5005 or

57.5005 respirators approved for

abrasive blasting by NIOSH under 42

CFR part 84, or the operation shall be

performed in a totally enclosed device

with the miner outside the device.

* * * * *

PART 70—[AMENDED]

14. The authority citation for part 70

is revised to read as follows:

Authority: 30 U.S.C. 811, 813(h), 957, 961.

15. Section 70.300 is revised to read

as follows:

§ 70.300 Respiratory equipment;

respirable dust.

Respiratory equipment approved by

NIOSH under 42 CFR part 84 shall be

made available to all persons whenever

exposed to concentrations of respirable

dust in excess of the levels required to

be maintained under this part. Use of

respirators shall not be substituted for

environmental control measures in the

active workings. Each operator shall

maintain a supply of respiratory

equipment adequate to deal with

occurrences of concentrations of

respirable dust in the mine atmosphere

in excess of the levels required to be

maintained under this part.

§ 70.300–1 [Removed]

16. Section 70.300–1 is removed.

17. Section 70.305 is revised to read

as follows:

§ 70.305 Respiratory equipment; gas,

dusts, fumes, or mists.

Respiratory equipment approved by

NIOSH under 42 CFR part 84 shall be

provided to persons exposed for short

periods to inhalation hazards from gas,

dusts, fumes, or mist. When the

exposure is for prolonged periods, other

measures to protect such persons or to

reduce the hazard shall be taken.

§ 70.305–1 [Removed]

18. Section 70.305–1 is removed.

PART 72—[AMENDED]

19. The authority citation for part 72

is revised to read as follows:

Authority: 30 U.S.C. 811, 813(h), 957, 961.

20. Section 72.610 is amended by

revising paragraph (a) to read as follows:

§ 72.610 Abrasive blasting.

(a) Surface and underground mines.

When an abrasive blasting operation is

performed, all exposed miners shall

properly use respirators approved for

abrasive blasting by NIOSH under 42

CFR part 84, or the operation shall be

performed in a totally enclosed device

with the miner outside the device.

* * * * *

21. Newly redesignated § 72.710 is

revised to read as follows:

§ 72.710 Selection, fit, use, and

maintenance of approved respirators.

In order to ensure the maximum

amount of respiratory protection,

approved respirators shall be selected,

fitted, used, and maintained in

accordance with the provisions of the

American National Standards Institute’s

‘‘Practices for Respiratory Protection

ANSI Z88.2–1969,’’ which is hereby

incorporated by reference. This

publication may be obtained from the

American National Standards Institute,

Inc., 1430 Broadway, New York, NY

10018, and may be inspected at any

Coal Mine Health and Safety district

and subdistrict office, or at MSHA’s

Office of Standards, 4015 Wilson

Boulevard, Arlington, VA, and at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700,

Washington, DC. This incorporation by

reference was approved by the Director

of the Federal Register in accordance

with 5 U.S.C. 552(a) and 1 CFR part 51.

PART 75—[AMENDED]

22. The authority citation for part 75

is revised to read as follows:

Authority: 30 U.S.C. 811, 957, 961.

23. Section 75.2 is amended by

adding the following definitions in

alphabetical order to read as follows:

§ 75.2 Definitions.

* * * * *

Filter Self-Rescuer (FSR). A type of

gas mask approved by MSHA and

NIOSH under 42 CFR part 84 for escape

only from underground mines and

which provides at least 1 hour of

protection against carbon monoxide.

* * * * *

Self-Contained Self-Rescuer (SCSR). A

type of closed-circuit, self-contained

breathing apparatus approved by MSHA

and NIOSH under 42 CFR part 84 for

escape only from underground mines.

* * * * *

24. Section 75.1714 is amended by

revising paragraph (a) to read as follows:

§ 75.1714 Availability of approved selfrescue devices; instruction in use and

location.

(a) Each operator shall make available

to each miner who goes underground,

and to visitors authorized to enter the

mine by the operator, an approved selfrescue device or devices which is

adequate to protect such person for 1

hour or longer.

* * * * *

25. Section 75.1714–1 is revised to

read as follows:

§ 75.1714–1 Approved self-rescue devices.

The requirements of § 75.1714 shall

be met by making available to each

person referred to in that section a selfrescue device or devices, which have

been approved by MSHA and NIOSH

under 42 CFR part 84, as follows:

(a) A 1-hour SCSR;

(b) A SCSR of not less than 10

minutes and a 1-hour canister; or

(c) Any other self-contained breathing

apparatus which provides protection for

a period of 1 hour or longer and which

is approved for use by MSHA as a selfrescue device when used and

maintained as prescribed by MSHA.

26. Section 75.1714–2 is amended by

revising the introductory text of

paragraph (e), the introductory text of

paragraph (e)(1), paragraphs (e)(1)(v),

(e)(2), (e)(3), (f), and the introductory

text of paragraph (g) to read as follows:

§ 75.1714–2 Self-rescue devices; use and

location requirements.

* * * * *

(e) A mine operator may apply to the

District Manager under § 75.1101–23 for
30402 Federal Register / Vol. 60, No. 110 / Thursday, June 8, 1995 / Rules and Regulations

permission to place the SCSR more than

25 feet away.

(1) The District Manager shall

consider the following factors in

deciding whether to permit an operator

to place a SCSR more than 25 feet from

a miner:

* * * * *

(v) Proposed location of SCSRs,

* * * * *

(2) Such application shall not be

approved by the District Manager unless

it provides that, while underground, all

miners whose SCSR is more than 25 feet

away shall have a FSR approved by

MSHA and NIOSH under 42 CFR part

84 sufficient to enable each miner to get

to a SCSR.

(3) An operator may not obtain

permission under paragraph (e) of this

section to place SCSRs more than 25

feet away from miners on trips into and

out of the mine.

(f) If a SCSR is not carried out of the

mine at the end of a miner’s shift, the

place of storage must be approved by

the District Manager, a sign with the

word ‘‘SELF-RESCUER’’ or ‘‘SELFRESCUERS’’ shall be conspicuously

posted at each storage place, and

direction signs shall be posted leading

to each storage place.

(g) Where devices of not less than 10

minutes and 1 hour are made available

in accordance with § 75.1714–1(b), such

devices shall be used and located as

follows:

* * * * *

27. Section 75.1714–3 is amended by

revising paragraphs (c) and (d) to read

as follows:

§ 75.1714–3 Self-rescue devices;

inspection, testing, maintenance, repair,

and recordkeeping.

* * * * *

(c) All FSRs approved by MSHA and

NIOSH under 42 CFR part 84, except

devices using vacuum containers as the

only method of sealing, shall be tested

at intervals not exceeding 90 days by

weighing each device on a scale or

balance accurate to within +1 gram. A

device that weighs more than 10 grams

over its original weight shall be

removed from service.

(d) All SCSRs approved by MSHA and

NIOSH under 42 CFR part 84 shall be

tested in accordance with instructions

approved by MSHA and NIOSH. Any

device which does not meet the

specified test requirements shall be

removed from service.

* * * * *

Dated: May 24, 1995.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 95–13286 Filed 6–7–95; 12:10 pm]

BILLING CODE 4510–43–P