Closed-Circuit Escape Respirators 42 CFR Part 84 RIN 0920-AA10

The National Institute for Occupational Safety and Health (NIOSH) announced final rules on March 8, 2012 that revise and update the agency’s requirements for testing and certification of closed-circuit escape respirators. The revised rules are designed to strengthen emergency respiratory protection for workers in escaping from toxic concentrations of fumes, gases, or smoke, or from confined areas where there is insufficient oxygen, posing immediate dangers to life or health.

The revised rules reflect experience gained from field observations and reports by NIOSH and stakeholders, including reports of widespread problems encountered with units in coal mine emergencies. The rules incorporate comments and suggestions that were offered by stakeholders during a public comment period and public meetings.

The rules will become effective in 30 days, at which time NIOSH will stop approving under the existing requirements. However, manufacturers can manufacture and sell, for three years, currently approved closed-circuit escape respirators. This will give manufacturers time to begin to meet the new requirements by modifying current product designs or developing new designs.

Under the Occupational Safety and Health Act of 1970, NIOSH tests and certifies respirators for workplace use. NIOSH and the Mine Safety and Health Administration jointly review and approve closed-circuit emergency respirators (self-contained self rescuers) for use by miners. More information about NIOSH’s testing and certification program.

NIOSH published a proposed rule on the Approval Tests and Standards for Closed-Circuit Escape Respirators on December 10, 2008 and asked for comments on or before February 9, 2009 [73 FR 75027]. On March 4, 2009 NIOSH published a document announcing two public meetings and reopening the comment period for this proposed rule until April 10, 2009 [74 FR 9380]. NIOSH held the two public meetings on March 16, 2009 and March 23, 2009. Commenters at the meeting requested additional time to review data and provide additional comments regarding the proposal. After reviewing the record, NIOSH has concluded that reopening the comment period until June 19, 2009 was reasonable. This reopening of the docket was published on May 21, 2009 [74 FR 23814 ].

The Department held two public meetings on the proposed rule at the following times and locations: March 16, 2009; at the Marriott Denver Tech Center; 4900 S. Syracuse Street; Denver, CO 80237; and March 23, 2009; at the Marriott Inn and Conference Center UMUC; 3501 University Boulevard E., Adelphi, MD 20783.

This docket collected the public comments related to the Notice of Proposed Rulemaking. Information submitted to the docket was considered in the context of developing a Final Rule to update the requirements for CCERs used by the American workforce.

Materials Under Evaluation

Notice; Approval tests and standards for closed-circuit escape respirators; notice of proposed rulemaking; 73FR75027; 12/10/08 [PDF - 11,490 KB]

Notice of proposed rulemaking; Reopening of comment period and notice of public meetings; 74FR9380; 3/4/09 [PDF - 1,280 KB]

Notice; Approval tests and standards for closed-circuit escape respirators; notice of proposed rulemaking; reopening of comment period; 5/21/09 [PDF - 336 KB]

Notice; Approval tests and standards for closed-circuit escape respirators; final rule; 77FR14168; 3/8/12 [PDF - 704 KB]

Meeting Information

Transcript from NIOSH public meeting held at the Denver Tech Center Marriott, Denver, CO; 3/16/09 [PDF - 4,150 KB]

Presentation from meeting held at the Denver Tech Center Marriott, Denver, CO; 3/16/09 [PDF - 701 KB]

List of attendees for meeting in Denver, CO; 3/16/09 [PDF - 326 KB]

Transcript from NIOSH public meeting held at the University of Maryland University College Marriott, Adelphi, MD; 3/23/09 [PDF - 19,860 KB]

Presentation from meeting held in Adelphi, MD; 3/23/09 [PDF - 826 KB]

List of attendees for meeting in Adelphi, MD; 3/23/09 [PDF - 363 KB]

Submissions from the Public in Order of Receipt

Submission to the docket from Spelce (Navy & Marine Corps Public Health Center); 1/7/09 [PDF - 1,000 KB]

Submission to the docket from Sell (Drager Safety, Inc.); 2/16/09 [PDF - 3,560 KB]

Submission to eregulations.gov from Lindsay Booher (AIHA); 4/6/09 [PDF - 1,780 KB]

Submission to NIOSH Docket from Scott Shearer (CSE Corporation); 4/8/09 [PDF - 535 KB]

Submission to NIOSH Docket from Laura Weems (United States Coast Guard); 4/9/09 [PDF - 432 KB]

Submission to NIOSH Docket from Mike Kay (Ocenco) w/attachments; 4/10/09 [PDF - 8,430 KB]

• Attachment #1 – International Safety Instruments product literature [PDF - 3,140 KB]
• Attachment #2 – Drager product literature [PDF - 223 KB]
• Attachment #3 – Interspiro product literature [PDF - 439 KB]
• Attachment #4 – “Steady state respiratory responses to tasks used in Federal testing of self-contained breathing apparatus”, AIHA 36:886-986 [12/1/95] [PDF - 1,400 KB]
• Attachment #5 – “A review of self-contained self-rescuer research”, Arthur T. Johnson, University of Maryland [PDF - 3,340 KB]
• Attachment #6 – “Evaluation of proposed methods to update human testing of SCBA”, AIHA J 56:1195-1200 [12/1/95] [PDF - 511 KB]
• Attachment #7 – “Cardiorespiratory strain in jobs that require respiratory protection”, Int Arch Occup Environ Health 55:195-206 [1/1/85] [PDF - 248 KB]
• Attachment #8 – “The human energy cost of firefighting”, J Occup Med 19(8):558-562 [8/1/77] [PDF - 336 KB]
• Attachment #9 – NFPA standard on open-circuit self-contained breathing apparatus for fire and emergency services, 2002 edition [PDF - 631 KB]
• Attachment #10 – NIOSH Report of Investigation 9656: NIOSH self-contained self-rescuer field evaluation: seventh-phase results”, 2002-127 [3/1/02] [PDF - 3,140 KB]
• Attachment #11 – NIOSH Report of Investigation 9671: NIOSH self-contained self-rescuer field evaluation: combined eighth and ninth phase results”, 2007-103 [10/1/06] [PDF - 7,680 KB]
• Attachment #12 – NIOSH Report of Investigation 9675: NIOSH self-contained self-rescuer field evaluation: tenth phase results”, 2008-138 [6/1/08] [PDF - 5,170 KB]
• Attachment #13 – Naval sea systems command, commercial item description: emergency escape breathing device (EEBD) [2/3/05] [PDF - 3,800 KB]
• Attachment #14 – “Expectations training for miners using self-contained self-rescuers in escapes from underground coal mines”, J Occup Environ Hyg 5(10):671-677 [10/1/08] [PDF - 558 KB]
• Attachment #15 – Statement by Randall L. McCoy, Jr., Report of Investigation: Sago Mine Explosion dated 6/19/06 [PDF - 86,550 KB]
• Attachment #16 – ISO 23269-1:2007, Ships and marine technology—Breathing apparatus for ships—Part 1: Emergency escape breathing devices (EEBD) for shipboard use; 4/10/09 [PDF - 397 KB]
• Attachment #17 – “A time to die: the untold story of the Kursk Tragedy”, I Robert Moore, Crown Publishers; 4/10/09 [PDF - 919 KB]
• Attachment #18 – MSA Advisory “Potential for the quick start candle on Mine Safety Appliances Life-Saver 60 Self-contained self-rescuer to overheat or catch fire on units manufactured from September 1, 1999 through December 31, 2004” [1/19/07] [PDF - 2,550 KB]
• Attachment #19 – E-mail from Nicholas Kyriazi, CDC/NIOSH/NPPTL, to Mike Kay, Ocenco Inc. dated 3/10/09 [PDF - 411 KB]
• Attachment #20 – Statement by Michael Kay, Ocenco, Inc. dated 4/10/09 [PDF - 1,150 KB]
• Attachment #21 – North product literature [PDF- 2,480 KB]
• Attachment #22 – Statement of J. Patrick Droppelman, CEO, Ocenco, Inc [PDF - 1,070 KB]

Submission to NIOSH Docket from Kelley Posey (Essex PB&R Corporation); 6/16/09 [PDF - 1.61 MB]

Submission to NIOSH Docket from Kathy Sloan (State of West Virginia); 6/18/09 [PDF - 1.19 MB]

Submission to NIOSH Docket from Bruce Watzman (National Mining Association); 6/19/09 [PDF - 1.58 MB]

Submission to NIOSH Docket from David Young (Bituminous Coal Operators’ Association, Inc.); 6/19/09 [PDF- 1.94 MB]

Submission to NIOSH Docket from Karin Stamy (Norfolk Southern Railway Company); 6/19/09 [PDF - 1.33 MB]

Submission to Jonathan Szalajda (NIOSH) from Tommey Meyers (SeaFirst Solutions LLC); 6/19/09 [PDF - 2.18 MB]

Submission to NIOSH Docket from Scott Shearer (CSE Corporation); 6/19/09 [PDF - 2.64 MB]

Submission to NIOSH Docket and regulations.gov from Mike Rush (Association of American Railroads); 6/19/09 [PDF - 2.18 MB]

Submission to NIOSH Docket from Mike Kay (Ocenco, Inc.); 6/19/09 [PDF - 2.18 MB]

Submission to NIOSH Docket from Dennis O’Dell (United Mine Workers of America); w/attachments; 6/19/09 [PDF - 9.83 MB]

• Attachment #1 – An Act; dated 1/1/06 [PDF - 42.1 MB]
• Attachment #2 – UMWA/AFL-CIO report on the Saga Mine Disaster of January 2, 2006; dated 1/1/08 [PDF - 59.0 MB]
• Attachment #3 – UMWA testimony of Cecil Roberts before the U.S. Senate Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies; 2/28/07 [PDF - 3.96 MB]
• Attachment #4 – Testimony of Cecil Roberts before the United States House of Representatives Committee on Education and Labor; 3/28/07 [PDF - 9.25 MB]
• Attachment #5 –Testimony of Cecil Roberts before the U.S. Senate Committee on Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies; 9/5/07 [PDF - 6.53 MB]
• Attachment #6 – Comments of UMWA on United States Department of Labor Mine Safety and Health Administration’s Emergency Temporary Standard for Emergency Mine Evacuation; 3/9/06 [PDF - 8.34 MB]

Submission to NIOSH Docket from Robert Weber (3M); 7/1/09 (rec’d after comment period closed) [PDF - 2.10 MB]