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SUPPORTING STATEMENT
Health Standards for Diesel Particulates (Underground Coal) 30 CFR §§75.1915/72.503, 72.510, 72.520 and
Part 7 or Part 36 as a result of §72.500
A. JUSTIFICATION
1.
Explain the circumstances that make the collection of information necessary. Identify any legal
or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of
each statute and regulation mandating or authorizing the collection of information.
Under Section 101(a) of the Mine Safety and Health act of 1977 (The Mine Act), the Secretary of Labor shall
develop, promulgate, and revise as may be appropriated, improved mandatory health or safety standards
for the protection of life and prevention of injuries in coal or other mines. In addition, Section 103(h) of the
Mine Act mandates that mine operators keep any records and make any reports that are reasonably
necessary for MSHA to perform its duties under the Mine Act.
The Mine Safety and Health Administration (MSHA) established standards and regulations for dieselpowered equipment in underground coal mines that provide coal miners who work on and around dieselpowered equipment with additional important protections. The rule is designed to reduce the risks to
underground coal miners of serious health hazards that are associated with exposure to high concentrations
of diesel particulate matter. The rule contains information collection requirements for underground coal
mine operators in §§75.1915/72.503(d), 72.510, 72.520, and as a result of §72.500, diesel manufacturers are
affected under Part 7 or 36.
Section 75.1915(a) and (c) and §72.503(d). Section 72.503(d) requires that after-treatment devices installed
on diesel powered equipment be maintained according to manufacturer specifications. Since such devices
are not usually on diesel machinery, maintenance personnel will need to be trained concerning the
maintenance of such devices. Section 75.1915(a) (training and qualifications of persons working on diesel
powered equipment) requires training in the maintenance of diesel powered equipment, and §75.1915(c)
requires a record of those trained.
Section 72.510(a) requires underground coal miners exposed to diesel emissions be annually trained in the:
health risks associated with exposure to diesel particulate; methods used in the mine to control diesel
particulate concentrations; identification of the personnel responsible for maintaining those controls; and
actions miners must take to ensure controls operate as intended.
Section 72.510(b) requires underground coal mine operators to keep a record of the annual training.
Section 72.520 requires underground coal mine operators to maintain an inventory of diesel powered
equipment units, together with information about any unit’s emission control or filtration system. This list
must be updated within 7 days of any change.
Part 7, Part 36, and §72.503(d) As a result of §72.503(d) which requires all permissible equipment to have
after-treatment or filtration devices, diesel manufacturers will need to amend existing diesel machine

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approval applications under Part 7 or Part 36. Few machine approvals are approved under Part 36, while
most machine approvals are approved under Part 7.
2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new
collection, indicate the actual use the agency has made of the information received from the current
collection.
The recordkeeping requirements included are necessary not only to assist MSHA in determining
compliance, but also to provide useful information to mine operators and miners’ representatives about the
affected standards and regulations.
3. Describe whether, and to what extent, the collection of information involves the use of automated,
electronic, mechanical, or other technological collection techniques or other forms of information
technology, e.g. permitting electronic submission of responses, and the basis for the decision for
adopting this means of collection. Also describe any consideration of using information technology to
reduce burden.
Mine operators have been provided the option of providing this information via MSHA’s web page or
submittal by written document. MSHA has made the required information available on-line to aid mine
operators in maintaining this information up-to-date in compliance with the regulatory requirements.
However, in order to comply with the Government Paperwork Elimination Act the mine operator has the
option of forwarding and/or retaining the information requested in whatever format method they choose.
4. Describe efforts to identify duplication. Show specifically why any similar information already
available cannot be used or modified for use for the purposes described in Item 2 above.
MSHA knows of no other Federal or State reporting requirement that would duplicate the reporting
requirements contained in this rule.
5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form
83-I), describe any methods used to minimize burden.
This information collection does not have a significant impact on a substantial number of small entities.
6.

Describe the consequence to Federal program or policy activities if the collection is not conducted or
is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

The information collection requirements contained in the rule are the minimum necessary to ensure the safe
and healthful operation of diesel-powered equipment in underground coal mines. They serve as a means of
verifying compliance with the regulations and also provide important information to mine operator and
miners’ representatives about safety and health conditions in miner’s workplace. Reduction of these
information collection requirements will increase the likelihood that unsafe and unhealthy conditions could
go undetected and uncorrected in underground coal mines that use diesel powered equipment.

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7. Explain any special circumstances that would cause an information collection to be conducted in a
manner:
* requiring respondents to report information to the agency more often than quarterly;
* requiring respondents to prepare a written response to a collection of information in fewer than
30 days after receipt of it;
* requiring respondents to submit more than an original and two copies of any document;
* requiring respondents to retain records, other than health, medical, government contract, grantin-aid, or tax records for more than three years;
* in connection with a statistical survey, that is not designed to produce valid and reliable results
that can be generalized to the universe of study;
* requiring the use of a statistical data classification that has not been reviewed and approved by
OMB;
* that includes a pledge of confidentiality that is not supported by authority established in
statute or regulation, that is not supported by disclosure and data security policies that are consistent
with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible
confidential use; or
* requiring respondents to submit proprietary trade secret, or other confidential information
unless the agency can demonstrate that it has instituted procedures to protect the information’s
confidentiality to the extent permitted by law.
This collection of information is consistent with the guidelines in 5 CFR 1320.5.
8. If applicable, provide a copy and identify the date and page number of publication in the Federal
Register of the agency’s notice, required by 5 CFR 1320.8(d), soliciting comments on the information
collection prior to submission to OMB. Summarize public comments received in response to that notice
and describe actions taken by the agency in response to these comments. Specifically address comments
received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on the availability of
data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting
format (if any), and on the data elements to be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained or those who must
compile records should occur at least once every 3 years-even if the collection of information activity is
the same as in prior periods. There may be circumstances that may preclude consultation in a specific
situation. These circumstances should be explained.
MSHA published a 60-day preclearance Federal Register notice on May 3, 2007 (Volume 72, Number 85,
Pages 24616-24617, soliciting public comments regarding the extension of this information collection. No
comments were received.
9. Explain any decision to provide any payment or gift to respondents, other than reenumeration of
contractors or grantees.
MSHA does not provide payments or gifts to respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in
statue, regulation, or agency policy.
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There is no assurance of confidentiality provided to respondents.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and
attitudes, religious beliefs, and other matters that are commonly considered private. This justification
should include the reasons why the agency considers the questions necessary, the specific uses to be
made of the information, the explanation to be given to persons from whom the information is
requested, and any steps to be taken to obtain their consent.
There are no questions of a sensitive nature.
12. Provide estimates of the hour burden of the collection of information. The statement should:
•

Indicate the number of respondents, frequency of response, annual hour burden, and an explanation
of how the burden was estimated. Unless directed to do so, agencies should not conduct special
surveys to obtain information on which to base hour burden estimates. Consultation with a sample
(fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected
to vary widely because of differences in activity, size, or complexity, show the range of estimated
hour burden, and explain the reasons for the variance. Generally, estimates should not include
burden hours for customary and usual business practices.

•

If this request for approval covers more than one form, provide separate hour burden estimates for
each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

•

Provide estimates of annualized cost to respondents for the hour burdens for collections of
information, identifying and using appropriate wage rate categories. The cost of contracting out or
paying outside parties for information collection activities should not be included here. Instead, this
cost should be included in Item 14.

Shown are the burden hours and related costs that are borne by affected: (1) underground coal mine
operators that use diesel powered equipment, and (2) manufacturers of diesel powered equipment.
The following hourly wage rates based on data from the U.S. Coal Mineral Mine Salaries, Wages and
Benefits Survey Results, were used to determine burden hour costs: supervisor wage rate of $62.50, coal
miner wage rate of $25.98, and clerical worker wage rate of $21.74.
Mine Operators
Burden Hours
There are approximately 165 respondents impacted by this collection of information. Approximately 162
mine operators will incur an estimated 563 annual burden hours and related costs of $13,383 and
approximately 3 manufacturers an estimated 60 annual burden hours and related cost of $3,900. The
breakdown is as follows:
Paperwork Burden for Mine Operators

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Section 72.503 Determination of Emission; filter Maintenance
Section 72.503(d) requires that after treatment devices installed on diesel powered equipment be maintained
according to manufactures specifications. Since such devices are not usually on diesel machinery,
maintenance personnel will need to be trained concerning the maintenance of such devices. §75.1915
(training and qualifications of persons working on diesel powered equipment) requires training in the
maintenance of diesel powered equipment, and §75.1915(c) requires a record of those trained.
Mines employing 20 or more workers, MSHA estimates a turnover rate of 7 percent for maintenance
personnel who work on diesel powered equipment. Therefore, annually, of the 397 maintenance personnel,
28 new maintenance personnel would each need to be trained. MSHA assumes that each new maintenance
person trained would be in a different mine. Table 1 shows annual burden hours and costs related to the
preparation by the clerical worker. Table 2 shows annual burden hours and costs related to trainee
registration.
Table 1: 75.1915 and Sections 72.503(d)
Annual Maintenance Training – Clerical Worker Preparation
Annual Burden Hours and Costs
Time to
Time Spent # of Miners Annual Year
Mine Size # of Mines
on Each
to Train
Burden
Prepare (hrs
Miner (hrs)
Hours a

>20 & <500

25

0.25

0.0167

25

Clerical
Wage
(per hr)

Annual
Burden
Costs

$21.74

$146

6.7

>500
3
0.25
0.0167
3
0.8
$21.74
$17
Total
28
28
7.5
$163
aBurden Hours = (No. of Mines x Time to Prepare)+ (Time Spent on Each Miner x No. of Miners to Train).
Table 2: 75.1915 and Sections 72.503(d)
Annual Maintenance Training – Miner Registration and Record
Annual Burden Hours and Costs
Annual Year
Mine Size
# of Miners to Time to Register
Burden Hours
Train
per Miners

>20 & <500
>500
Total

16
2
18

(hrs)
0.0056
0.0056

0.09
0.01
0.10

Miner
Wage
(per Hr)

Annual Burden
Costs

$25.95
$25.95

$2
$0.26
$2

Section 72.510 Miner Health Training
This section requires that all miners who can reasonably be expected to be exposed to diesel emissions on
mine property be trained annually in accordance with §72.510(a). A mine supervisor will perform the
training.

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A supervisor will take 5 minutes (0.0833 hours) to instruct a clerical worker concerning the training. Table 3
shows burden hours and costs related to the supervisor’s instructions.
A clerical worker will take 15 minutes (0.25 hours) in each mine (includes listening to supervisor’s
instructions) to make arrangements concerning the required training. In addition, the clerical worker will
take 1 minute (0.0167 hours) to record each trainee in a computer file. Table 4 shows burden hours and
costs related to the preparation by the clerical worker.
Each trainee will take 20 seconds (0.0056) to sign a registration sheet, which will also act a as record that the
miner has received the required training. Table 5 shows burden hours and costs related to trainee
registration.
Table 3: Section 72.510
Miner Health Training – Supervisor Instruction to Clerical Worker
Annual Burden Hours and Costs
Mine Size
# of Mines Time to Instruct Annual Burden

<20
>20 & <500
>500
Total

(hrs)
0.0833
0.0833
0.0833

4
14
1
19

Hours
0.33
1.1
0.08
1.5

Table 4: Section 72.510
Miner Health Training – Clerical Worker Preparation
Annual Burden Hours and Costs
Time to
Time Spent # of Miners
Mine Size
#of Mines
on Each
to Train
Prepare (hrs
Miner (hrs)

<20
>20 & <500

17
140

0.25
0.25

0.0167
0.0167

198
16,851

Superv.
Wage
(per hr)
$62.50
$62.50
$62.50

Annual Burden
Costs
$21
$69
$5
$95

Annual
Burden
Hours a

Clerical
Wage
(per hr)

Annual
Burden
Costs

7.55
316.4

$21.74
$21.74

$164
$6879

>500
5
0.25
0.0167
3,170
54.15
$21.74
$1177
Total
162
20,219
378
$8220
aBurden Hours = (No. of Mines x Time to Prepare)+(Time Spent on Each Miner x No. of Miners to Train).
Table 5: Section 72.510
Miner Health training – Miner Registration and Record
Annual Burden Hours and Costs
Mine Size
# of Miners to Time to Register Annual Burden Mine Wage (per
per Miner (hrs)
Hours
hr)
Train
<20
>20 & <500

198
16851

0.0056
0.0056

1.1
94.4

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$25.95
$25.95

Annual Burden
Costs
$29
$2,449

1219-0124
>500
3170
0.0056
Total
20219
Section 72.520 Diesel Equipment Inventory
Annual Burden

17.8
113

$25.95

$461
$2,939

Section 72.520 requires underground coal mine operators to maintain a list of diesel powered equipment
units, together with information about any unit’s emission control or filtration system. This list must be
updated within 7 days of any change.
Mine operators can obtain general information on approved engines from manufacturers or MSHA (via
MSHA’s website). Annually, this task will take a mine supervisor about 2 minutes to perform for each
change that is required. Each year, it is estimated that there will be: 2 diesel machine changes in the 7 mines
that employ fewer than 20 workers (or 0.2857 machines per mine); 287 diesel machine changes in 137 mines
that employ 20 to 500 workers (or 2.0948 machines per mine); and 23 diesel machine changes in 1 mine that
employee more than 500 workers. Table 6 shows burden hours and costs related to information collected
by the supervisor.
Table 6: Section 72.520
Diesel Inventory List – Data Collection by Supervisor
Annual Burden Hours and Costs
Time for
Superv Wage
Annual
Annual
Mine Size
# of Mines
Annual # of
Superv to
Burden Costs
Burden Hours
Machine
(per hr)
Changes per Collect Data
mine
(hrs)
<20
17
0.2941
0.0333
0.17
$62.50
$11
>20 & <500
140
2.0949
0.0333
9.77
$62.50
$611
>500
5
23
0.0333
3.83
$62.50
$239
Total
162
14
$861
Section 72.520 Diesel Equipment Inventory – continued
Annual Burden
In addition, mine operators can obtain machine-specific information (e.g. serial numbers) from maintenance
files or similar records. Collecting and recording this information will take a miner an average of 2 minutes
(0.03333 hours) per machine. Annually, the number of diesel machine changes will be: 5 in mines
employing fewer than 20 workers; 293 in mines employing 20 to 500 workers; and 115 in mines employing
more than 500 workers. Table 7 shows burden hours and costs related to information collection and
recording by the miner.
Table 7: Section 72.520
Diesel Inventory List
Data Collection and Recording by Miner
Annual Burden Hours and Costs
Time for
Annual
Miner Wage
Mine Size
# of Diesel
(per hr)
Miner to
Burden Hours
Machine
Changes per Collect Data
Year
(per machine)
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Annual
Burden Costs

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<20
>20 & <500
>500
Total

5
293
115
413

machine)
0.0333
0.0333
0.0333

0.17
9.76
3.83
14

$25.95
$25.95
$25.95

$4
$253
$99
$356

Section 72.520 Diesel Equipment Inventory – continued
Annual Burden
The mine operator must transmit electronically or send a copy of the diesel inventory list to the appropriate
MSHA District Manager and provide a copy to the miner representative.
For each paper change, a clerical worker must copy the list, send the list to the District Manager, and
provide a copy to the miner representative. It will take a clerical worker 5 minutes (0.0833 hours) to
perform these functions. Table 8 shows burden hours and costs associated with the tasks performed by the
clerical worker. MSHA assumed that all changes would be by paper to determine the annual burden.
Table 8: Section 72.520
Diesel Inventory List – Clerical Worker Duties
Annual Burden Hours and Costs
Clerical Wage
Annual
Annual
Mine Size
# of Diesel Clerical Time
Burden Hours
Burden Costs
Machine
(hrs)
(hr)
Changes
per Year
<20
5
0.0833
0.4
$21.74
$9
>20 & <500
293
0.0833
24.4
$21.74
$530
>500
115
0.0833
9.6
$21.74
$208
Total
413
34
$747
Paperwork Burden for Manufacturers
As a result of §72.500, which requires all permissible equipment to have filtration devices, manufacturers
will need to amend some existing permissible machine approvals. In most cases, the application and
evaluation will be a simple process.
The number of approvals affected will be 3 per year. MSHA estimates that it will take 20 hours to prepare
an evaluation. Manufacturers’ costs to amend an existing application are estimated at $65 per hour.
Table 9 shows burden hours and costs related to manufacturers’ amending existing applications.
Table 9: Section 72.503, Part 7 and Part 36
Manufacturers Costs to Amend Existing Applications
Annual Burden Hours and Costs
# of Existing Machine
Time to
Annual Burden Hour Cost to Amend (per
Approval to Amend
Amend
hr)
(in hrs)
3
20
60
$65
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Annual Burden
Costs
$3,900

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SUMMARY TABLES:
Mine Operators – Annual Burden Hours
<20
20 to 500
Provision
Hrs.
Costs
Hrs.
72.510
9
$214
412
75.1915/72.503
0
$0
6.8
72.520
0.74
$24
44
Total
10
$238
463

Table 2
Manufacturers’ – Annual Burden Hours
Detail
Amend Applications

Costs
$9397
$148
$1394
$10939

Hrs.
60

> 500
Hrs.
72
0.8
17.2
90

Costs
$1643
$17
$546
$2206

Total
Hrs.
493
8
62
563

Costs
$11254
$165
$1964
$13383

Costs
$3,900

TOTAL BURDEN HOURS: 623
13.
Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting
from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and
14).
. The cost estimate should be split into two components: (a) a total capital and start-up cost
component (annualized over its expected useful life); and (b) a total operation and maintenance
and purchase of services component. The estimates should take into account costs associated
with generating, maintaining, and disclosing or providing the information. Include
descriptions of methods used to estimate major cost factors including system and technology
acquisition, expected useful life of capital equipment, the discount rate(s), and the time period
over that costs will be incurred. Capital and start-up costs include, among other items,
preparations for collecting information such as purchasing computers and software; monitoring,
sampling, drilling and testing equipment; and record storage facilities.
. If cost estimates are expected to vary widely, agencies should present ranges of cost burdens
and explain the reasons for the variance. The cost of purchasing or contracting out information
collection services should be a part of this cost burden estimate. In developing cost burden
estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day
pre-OMB submission public comment process and use existing economic or regulatory impact
analysis associated with the rulemaking containing the information collection, as appropriate.
. Generally, estimates should not include purchases of equipment or services, or portions thereof,
made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not
associated with the information collection, (3) for reasons other than to provide information or
keep records for the government, or (4) as part of customary and usual business or private
practices.

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Section 72.520
Annual Burden
Underground coal mines that use diesel powered equipment will need to update their list of diesel
equipment and make a copy of this updated list and send it into the appropriate MSHA District Manager.
Also a copy will need to be made of the updated list and given to the representative of the miners. On
average, the updated initial list is estimated to be 2 pages for each mine. The list is updated each time a
change is made to the diesel equipment inventory. On average annually, the annual estimated changes will
occur: 2 times for all mines employing fewer than 20 workers; 280 times for all mines employing 20 and 500
workers; and 33 times for the 5 mines that employ more than 500 workers. Photocopy costs are estimated to
be $0.15 per page. Two copies of the list will need to be made for each change. Therefore, copy costs per
mine is $0.60 ($0.15 x 2 pgs. X 2 copies). In addition, each mine will incur $0.39 for postage to mail a copy of
the list to the appropriate MSHA District Manager. Total costs are $0.99. Table 1 shows the photocopy and
postage costs.
Table 1: Section 72.520
Costs to Copy and Mail Diesel Inventory List
Annual Burden Costs
Mine Size
Diesel Machine Changes
per year
<20
5
>20 & <500
293
>500
115
Total
413

Costs per mine

Annual Burden Costs

$0.99
$0.99
$0.99

$5
$290
$114
$409

Paperwork Burden to Manufacturers
As a result of §72.500, which requires all permissible equipment to have filtration devices, manufactures
will need to amend some existing permissible machine approvals. However, manufactures will have to pay
for the cost for tests that are needed to in order to amend the existing applications. For the 3 applications
that need to be amended, the costs for tests are estimated to be $2,000 per application. Table 2 shows the
costs related to testing power packages for existing applications.
Table 2: Part 7 or 36
Testing Costs Related to Amended Applications
Annual Burden Costs
# of Existing Machine
Test Costs per Application
Approval to Amend
3
$2,000
TOTAL ANNUAL BURDEN COST:

Annual Burden Costs
$6,000

$6,409

14.
Provide estimates of annualized cost to the Federal government. Also provide a description of
the method used to estimate cost, which should include quantification of hours, operational expenses
(such as equipment, overhead, printing, and support staff), and any other expense that would not have
been incurred without this collection of information. Agencies also may aggregate cost estimates from
Items 12, 13, and 14 in a single table.

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1219-0124
Section 72.500(a), which requires all permissible equipment to have after-treatment or filtration devices,
manufacturers would need to amend existing permissible machine approvals granted under Part 36. There
are 3 diesel power packages applications that are estimated to be amended by manufacturers. The 3
applications would each take 24 hours of MSHA time to approve. The average MSHA rate is about $65 per
hour.
3 existing diesel power package applications
x 24 hrs. x $65 per hr.

=$4,680

15.
Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the
OMB Form 83-I.
A reduction of 85 burden hours (from 708 to 623) reflects a reduction due to a previously reported training
burden that should not have been included, and an increase in the number of respondents (from 148 to 165).
All the time for conducting the actual training, not just the hours for the paperwork burden, had been
included in the previous collection. That error was corrected in this submission, resulting in a reduction of
burden. The number of responses decreased by 591 (1004 to 413) since the first year included an inventory
of all equipment and this submission more accurately includes only changes to equipment. A reduction in
the burden cost (from $8,000 to $6,409) was a direct result of the correction in previously reported training
costs.
16. For collections of information whose results will be published, outline plans for tabulation, and
publication. Address any complex analytical techniques that will be used. Provide the time schedule for
the entire project, including the beginning and ending dates of the collection of information, completion
of report, publication dates, and other actions.
MSHA does not intend to publish the results of this information collection.
17.
If seeking approval to not display the expiration date for OMB approval of the information
collection, explain the reasons that display would be inappropriate.
MSHA has no forms associated with this collection of information on which to display an expiration date.
18.
Explain each exception to the certification statement identified in Item 19, “Certification for
Paperwork Reduction Act Submissions,” of OMB Form 83-I.
There are no certification exceptions identified with this information collection.

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B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
The agency should be prepared to justify its decision not to use statistical methods in any case where
such methods might reduce burden or improve accuracy of results. When Item 17 on the Form OMB 83-I
is checked “Yes”, the following documentation should be included in the Supporting Statement to the
extent that it applies to the methods proposed:
1. Describe (including a numerical estimate) the potential respondent universe and any sampling
or other respondent selection method to be used. Data on the number of entities (e.g., establishments,
State and local government units, households, or persons) in the universe covered by the collection and
in the corresponding sample are to be provided in tabular form for the universe as a whole and for each
of the strata in the proposed sample. Indicate expected response rates for the collection as a whole. If
the collection had been conducted previously, include the actual response rate achieved during the last
collection.
2.

Describe the procedures for the collection of information including:
. Statistical methodology for stratification and sample selection,
. Estimation procedure,
. Degree of accuracy needed for the purpose described in the justification,
. Unusual problems requiring specialized sampling procedures, and
. Any use of periodic (less frequent than annual) data collection cycles to reduce burden.

3.
Describe methods to maximize response rates and to deal with issues of non-response. The
accuracy and reliability of information collected must be shown to be adequate for intended uses. For
collections based on sampling, a special justification must be provided for any collection that will not
yield “reliable” data that can be generalized to the universe studied.
4.
Describe any tests of procedures or methods to be undertaken. Testing is encouraged as an
effective means of refining collections of information to minimize burden and improve utility. Tests
must be approved if they call for answers to identical questions from 10 or more respondents. A
proposed test or set of tests may be submitted for approval separately or in combination with the main
collection of information.
5.
Provide the name and telephone number of individuals consulted on statistical aspects of the
design and the name of the agency unit, contractor(s), grantee(s), or other persons(s) who will actually
collect and/or analyze the information for the agency.
The collection of this information does not employ statistical methods.

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Federal Mine Safety & Health Act of 1977,
Public Law 91-173,
as amended by Public Law 95-164
An Act
TITLE I--GENERAL
MANDATORY SAFETY AND HEALTH STANDARDS
SEC. 101. (a) The Secretary shall by rule in accordance with procedures set forth in this section
and in accordance with section 553 of title 5, United States Code (without regard to any reference
in such section to sections 556 and 557 of such title), develop, promulgate, and revise as may be
appropriate, improved mandatory health or safety standards for the protection of life and
prevention of injuries in coal or other mines.

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TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES
Subpart T--Diesel-Powered Equipment
Sec. 75.1915 Training and qualification of persons working on diesel-powered equipment.
(a) To be qualified to perform maintenance, repairs, examinations
and tests on diesel-powered equipment, as required by Sec. 75.1914, a person must successfully complete a
training and qualification program that meets the requirements of this section. A person qualified to
perform these tasks shall be retrained as necessary to maintain the ability to perform all assigned dieselpowered equipment maintenance, repairs, examinations and tests.
(b) A training and qualification program under this section must:
(1) Be presented by a competent instructor;
(2) Be sufficient to prepare or update a person's ability to perform all assigned tasks with respect to dieselpowered equipment maintenance, repairs, examinations and tests;
(3) Address, at a minimum, the following:
(i) The requirements of subpart T of this part;
(ii) Use of appropriate power package or machine checklists to conduct tests to ensure that dieselpowered equipment is in approved and safe condition, with acceptable emission levels;
(iii) Proper maintenance of approved features and the correct use of the appropriate maintenance
manuals, including machine adjustments, service, and assembly;
(iv) Diesel-powered equipment fire suppression system tests and maintenance;
(v) Fire and ignition sources and their control or elimination, including cleaning of the equipment;
(vi) Safe fueling procedures and maintenance of the fuel system of the equipment; and
(vii) Intake air system maintenance and tests.
(4) Include an examination that requires demonstration of the ability to perform all assigned tasks with
respect to diesel-powered equipment maintenance, repairs, examinations and tests; and
(5) Be in writing. The written program shall include a description of the course content, materials, and
teaching methods for initial training and retraining.
(c) Recordkeeping. The operator shall maintain a copy of the training and qualification program required
by this section and a record of the names of all persons qualified under the program.
(1) The record of the names of qualified persons shall be made in a manner that is not susceptible to
alteration, or recorded electronically in a computer system that is secure and not susceptible to alteration.
(2) The training and qualification program and record of qualified persons are to be kept at surface
location of the mine and made available for inspection by an authorized representative of the
Secretary and by miners' representatives.

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PART 72--HEALTH STANDARDS FOR COAL MINES
Subpart D--Diesel Particulate Matter--Underground Areas of Underground
Coal Mines
Sec. 72.503 Determination of emissions; filter maintenance; definition of
``introduced''.
(a) MSHA will determine compliance with the emission requirements
established by this part by using the amount of diesel particulate
matter emitted by a particular engine determined from the engine
approval pursuant to Sec. 7.89(a)(9)(iii)(B) or Sec. 7.89(a)(9)(iv)(A)
of this title, with the exception of engines deemed to be in compliance
by meeting the EPA requirements specified in Table 72.502-1
(Sec. 72.502(b)).
(b) Except as provided in paragraph (c) of this section, the amount
by which an aftertreatment device can reduce engine emissions of diesel
particulate matter as determined pursuant to paragraph (a) must be
established by a laboratory test:
(1) on an approved engine which MSHA has determined, pursuant to
paragraph (a) of this section, to emit no more diesel particulate matter
than the engine being used in the piece of diesel-powered equipment in
question;
(2) using the test cycle specified in Table E-3 of Sec. 7.89 of this
title, and following a test procedure appropriate for the filtration
system, by a laboratory capable of testing engines in accordance with
the requirements of Subpart E of part 7 of this title; and
(3) with an aftertreatment device representative of that being used
on the piece of diesel-powered equipment in question.
(c) In lieu of the laboratory tests required by paragraph (b), the
Secretary may accept the results of tests conducted or certified by an
organization whose testing standards are deemed by the Secretary to be
as rigorous as those set forth by paragraph (b) of this section; and
further, the Secretary may accept the results of tests for one
aftertreatment device as evidencing the efficiency of another
aftertreatment device which the Secretary determines to be essentially
identical to the one tested.
(d) Operators must maintain in accordance with manufacturer
specifications and free of observable defects, any aftertreatment device
installed on a piece of diesel equipment upon which the operator relies
to remove diesel particulate matter from diesel emissions.
(e) For purposes of Secs. 72.500(a), 72.501(a) and 72.502(a), the
term ``introduced'' means any piece of equipment whose engine is a new
addition to the underground inventory of engines of the mine in
question, including newly purchased equipment, used equipment, and
equipment receiving a replacement engine that has a different serial
number than the engine it is replacing. ``Introduced'' does not include
a piece of equipment whose engine was previously part of the mine
inventory and rebuilt.

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PART 72--HEALTH STANDARDS FOR COAL MINES
Subpart D--Diesel Particulate Matter--Underground Areas of Underground
Coal Mines
Sec. 72.510

Miner health training.

(a) Operators must provide annual training to all miners at a mine
who can reasonably be expected to be exposed to diesel emissions on that
property. The training must include-(1) The health risks associated with exposure to diesel particulate
matter;
(2) The methods used in the mine to control diesel particulate
matter concentrations;
(3) Identification of the personnel responsible for maintaining
those controls; and
(4) Actions miners must take to ensure the controls operate as
intended.
(b)(1) An operator must keep a record of the training at the mine
site for one year after completion of the training. An operator may keep
the record elsewhere if the record is immediately accessible from the
mine site by electronic transmission.
(2) Upon request from an authorized representative of the Secretary
of Labor, the Secretary of Health and Human Services, or from the
authorized representative of miners, mine operators must promptly
provide access to any such training record. Whenever an operator ceases
to do business, that operator must transfer the training records, or a
copy, to any successor operator who must maintain them for the required
period.

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PART 72--HEALTH STANDARDS FOR COAL MINES
Subpart D--Diesel Particulate Matter--Underground Areas of Underground
Coal Mines
Sec. 72.520

Diesel equipment inventory.

(a) The operator of each mine that utilizes diesel equipment
underground, shall prepare and submit in writing to the District
Manager, an inventory of diesel equipment used in the mine. The
inventory shall include the number and type of diesel-powered units used
underground, including make and model of unit, type of equipment, make
and model of engine, serial number of engine, brake horsepower rating of
engine, emissions of engine in grams per hour or grams per brake
horsepower-hour, approval number of engine, make and model of
aftertreatment device, serial number of aftertreatment device if
available, and efficiency of aftertreatment device.
(b) The mine operator shall make changes to the diesel equipment
inventory as equipment or emission control systems are added, deleted or
modified and submit revisions, to the District Manager, within 7
calendar days.
(c) If requested, the mine operator shall provide a copy of the
diesel equipment inventory to the representative of the miners within 3
days of the request.

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