1219-0116 Rocis

1219-0116
SUPPORTING STATEMENT
Examinations & Testing of Electrical Equipment including Exam,
Testing, and Maintenance of High Voltage Longwalls - 30 C.F.R.
§§ 75.351, 75.512, 75.703, 75.800-4, 75.820, 75.821, 75.900-4,
75.1001-1, 77.502, 77.800-2, and 77.900-2
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 of each regulation
mandating or authorizing the collection of information.
The Federal Mine Safety and Health Act of 1977 (Mine Act) and 30
C.F.R. Parts 75 and 77, mandatory safety standards for coal
mines, make this collection of information necessary. Section
103(h) of the Mine Act, 30 U.S.C. § 813, authorizes MSHA to
collect information necessary to carry out its duty in
protecting the safety and health of miners
It has long been known that inadequate maintenance of electric
equipment is a major cause of serious electrical accidents in
the coal mining industry. It is imperative that mine operators
adopt and follow an effective maintenance program to ensure that
electric equipment is maintained in a safe operating condition
if electrocutions, mine fires, and mine explosions are to be
prevented. The subject regulations require the mine operator to
establish an electrical maintenance program by specifying
minimum requirements for the examination, testing, and
maintenance of electric equipment. The regulations also contain
recordkeeping requirements that in some instances may help
operators in implementing an effective maintenance program.
(a)

Examinations of Electric Equipment
(1) 30 C.F.R. § 75.512 requires that all electric equipment
be frequently examined, tested and maintained by a
qualified person to assure safe operating conditions and
that a record of such examinations be kept. 30 C.F.R.
§ 75.512-2 specifies that the required examinations and
tests be conducted at least weekly.

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(2) 30 C.F.R. § 75.703-3(d)(11) requires that all grounding
diodes be tested, examined and maintained as electric
equipment and records of these activities kept in
accordance with the provisions of 30 C.F.R. § 75.512.
(3) 30 C.F.R. § 77.502 requires that electric equipment be
frequently examined, tested and maintained by a qualified
person to ensure safe operating conditions and that a
record of such examinations be kept. 30 C.F.R. § 77.502-2
requires that the required examinations and tests be
conducted at least monthly.
(b)

Examinations of High-Voltage Circuit Breakers
(1) 30 C.F.R. § 75.800 requires that circuit breakers
protecting high-voltage circuits which enter the
underground area of a coal mine be properly tested and
maintained as prescribed by the Secretary. 30 C.F.R.
§ 75.800-3 requires that such circuit breakers be tested
and examined at least once each month. Section 75.800-4
requires that a record of the examinations and tests be
kept.
(2) Section 75.821(a) requires testing and examination of
each unit of high-voltage longwall equipment and circuits
to determine that electrical protection, equipment
grounding, permissibility, cable insulation, and control
devices are being properly maintained to prevent fire,
electrical shock, ignition or operational hazards. These
tests and examination, including the activation of the
ground-fault test circuit, are required once every 7 days.
Section 75.821(b) requires that each ground-wire monitor
and associated circuits be tested at least once every 30
days. Section 75.821(d) requires that at the completion of
examinations and tests the person making the examinations
and tests must certify that they have been conducted. In
addition, a record must be made of any unsafe condition
found and any corrective action taken.
(3) 30 C.F.R. § 77.800, requires that circuit breakers
protecting high-voltage portable or mobile equipment be
properly tested and maintained. Section 77.800-1 requires

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that such circuit breakers be tested and examined at least
once each month. Section 77.800-2 requires a record of
each test, examination, repair, or adjustment of all
circuit breakers protecting high-voltage circuits.
(c) Examinations of Low- and Medium-Voltage Circuits
(1) 30 C.F.R. § 75.900 requires that circuit breakers
protecting low- and medium-voltage power circuits serving
three-phase alternating-current equipment be properly
tested and maintained. Section 75.900-3 requires that such
circuit breakers be tested and examined at least once each
month. Section 75.900-4 requires that a record of the
required examinations and tests be kept.
(2) 30 C.F.R. § 77.900 requires that circuit breakers
protecting low- and medium-voltage circuits which supply
power to portable or mobile three-phase alternating-current
equipment be properly tested and maintained. Section
77.900-1 requires that such circuit breakers be tested and
examined at least once each month. Section 77.900-2
requires that a record of the examinations and tests be
kept.
(d)

Tests and Calibrations of Automatic Circuit interrupting
Devices
30 C.F.R. § 75.1001-1(b) requires that automatic circuit
interrupting devices that protect trolley wires and trolley
feeder wires be tested and calibrated at intervals not to
exceed six months. Section 75.1001-1(c) requires that a
record of the tests and calibrations be kept.

(e)

Testing and Calibration of Atmospheric Monitoring Systems
30 C.F.R. § 75.351(n)(3) requires testing and calibration
of sensors every 31 days. Section 75.351(o) requires that
a record be made of the alert or alarm signal showing date,
time, type of sensor, the location of the sensor producing
the signal and the reason for activation.

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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 respondents for the paperwork provisions of the subject
regulations are coal mine operators. The records of tests and
examinations are reviewed by coal miners, coal mine officials,
and MSHA and State inspectors. The records are intended to
verify that examinations and tests were conducted and give
insight into the hazardous conditions that have been encountered
and those that may be encountered. These records greatly assist
those who use them in making decisions during accident
investigations to establish root causes and to prevent similar
occurrences. These decisions will ultimately affect the safety
and health of miners.
Miners examine the records to determine if electric equipment is
safe to operate and to determine if reported safety defects have
been corrected. Mine officials examine the records to evaluate
the effectiveness of their electrical maintenance programs, to
determine that the required tests and examinations have been
conducted, and to determine if reported safety defects have been
corrected. MSHA and State inspectors review the records to
determine if the required tests and examinations have been
conducted and to identify units of electric equipment that may
pose a potential safety hazard, and to evaluate the
effectiveness of the coal mine operator's electrical maintenance
programs. By comparing the records with the actual condition of
electric equipment, MSHA inspectors may, in some cases, be able
to identify weaknesses in the coal mine operator's electrical
maintenance programs and require that these weaknesses be
corrected.

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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 may retain the records in whatever method they
choose, which may include utilizing computer technology. The
subject regulations do not specify how the required records must
be kept. They could be kept in the traditional manner or stored
electronically, provided the records are secure and not
susceptible to loss or alteration. No improved information
technology has been identified that would reduce the burden.

4. Describe efforts to identify duplication. Show specifically
why any similar information already available cannot be used or
modified for use for the purpose(s) described in 2 above.
MSHA knows of no other Federal or State reporting requirements
that would duplicate the reporting requirements contained in
this final 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 does not have a significant impact on small
businesses or other 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.
Reduction of these requirements could result in increased
hazards to miners. A reduction in the frequency of examinations
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and tests could allow existing unsafe conditions to develop,
jeopardizing the safety of miners.
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, grant-in-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.

Collection of information is consistent with the guidelines in
5 C.F.R. § 1320.5.
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8. If applicable, provide a copy and identify the data 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
December 20, 2007 (Volume 72, Number
soliciting public comments regarding
information collection. No comments

Federal Register notice on
244, Page 72390),
the extension of this
were received.

9. Explain any decision to provide any payment or gift to
respondents, other than remuneration of contractors or grantees.
MSHA does not provide payments or gifts to the respondents.

10. Describe any assurance of confidentiality provided to
respondents and the basis for the assurance in statute,
regulation, or agency policy.
MSHA has made no assurance of confidentiality.

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
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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 13.

Currently there are 43 longwall units affected by §§ 75.820 and
75.821.
Section 75.820(b)and(e): MSHA estimates that it will take an
electrician (earning $30.27 an hour in 2006) an average of 5
minutes to lock out and tag a disconnecting device as specified
in § 75.820(b) and (e) and that an average of one lock out and
tag will occur each day at each longwall unit. Therefore,
assuming 50 7-day workweeks per year, the annual burden hours
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will be 1,253.67 hours (0.0833 hours x 350 days/year x 43
longwall units). The annual burden costs will be $37,948.44
(1,253.67 hours x $30.27 per hour).
0.0833 hour x 350 days/year x 43 longwall units = 1,254
hours
1,254 hours x $30.27 per hour = $37,958.58
Section 75.821: MSHA assumes that it will take an electrician
(earning $30.27 an hour) one hour per week to test and examine
each unit of high-voltage longwall equipment and circuits under
§75.821(a). Assuming 50 work weeks per year and 43 longwall
units, the total annual burden hours for examining equipment and
circuits will be 2,150 hours (1 hour x 50 weeks/year x 43
longwall units). The total annual burden costs will be
$65,080.50 (2,150 hours x $30.27).
1 hour x 50 weeks/year x 43 longwall units = 2,150 hours
2,150 hours x $30.27 = $65,080.50
§ 75.821(d) requires the electrician to certify by signature and
date that the examinations required by § 75.821 have been
conducted and to make a record of any unsafe conditions found
and any corrective action taken. MSHA assumes it will take the
electrician 6 minutes to produce this record and certify that
the examination has been conducted. Therefore, the annual
burden hours for recording and certifying will be 215 hours
(0.10 hour x 50 weeks/year x 43 longwall units). The annual
burden costs will be $6,508.05 (215 x $30.27).
0.10 hour x 50 weeks/year x 43 longwall units = 215 hours
215 hours x $30.27 = $6,508.05

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Table 1
Cite/
Reference
Section
75.820(b) and
(e)
Section
75.821(a)
Section
75.821(d)
Total

Number of
Number of
Annual
Annual
Respondents Responses
Burden Hours Burden Costs
43
15,050
1,254
$ 37,959

43

2,150

2,150.00

43

2,150

215.00

19,350

3,619

////////

$ 65,081
$

6,508

$109,548

Examinations of Electric Equipment
The number of respondents, frequency of response, and burden
hours are shown on Table 2. The burden was determined using the
average salary of $71.34 per hour for a mine supervisor (U.S.
Coal Mine Salaries, Wages and Benefits - 2006 Survey Results,
Western Mine Eng, Inc./weighted average for coal supervisor).
30 C.F.R. § 75.512. The number of underground coal mining
sections utilizing electric equipment is approximately 874 and
each mining section has on average 6 pieces of electrical
equipment. The number of other pieces of underground electrical
installations is approximately 4,906. This equipment is
required to be examined weekly and the results of each
examination are required to be recorded. It is estimated that
each examination will take 30 minutes (0.50 hour) to conduct and
6 minutes (0.10 hour) to record. (NOTE: There is only one
record made for each section of the mine or 6 pieces of
equipment.).
Recordkeeping:
(874 sections + 4,906 other electrical installations) x
50 weeks x 0.10 hour x 1 record/section in the mine =
28,900 hours
Number of responses = 289,000
Examination time:
(5,244 units of equipment + 4,906 other electrical
installations) x 50 weeks x 0.50 hour = 253,750 hours
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Section 75.512 Burden Hours:
28,900 hours + 253,750 hours = 282,650 hours
Section 75.512 Burden Costs:
282,650 hours x $71.34 = $20,164,251.00

§ 75.703-3(d)(11). All grounding diodes shall be tested,
examined and maintained as electrical equipment in accordance
with the provisions of § 75.512. Therefore, recordkeeping in
connection with diode testing calculations are included as part
of the recordkeeping burden of 30 C.F.R. § 75.512.
Section 77.502-2. The number of electrical installations at
surface coal mines and surface facilities is approximately
22,606; these installations are required to be examined monthly
under § 77.502 and the results of each examination are required
to be recorded. It is estimated that each examination will take
1 hour to complete and 15 minutes (0.25 hour) to record.
Recordkeeping:
22,606 exams x 12 months x 0.25 hour

= 67,818 hours

Examination time:
22,606 elec. exams x 12 months x 1 hour = 271,272 hours
Where a standard requires a record to be kept, the examination
time and the recording time are burden hours with no reductions
for “certification” when no hazards are reported.
Section 77.502-2 Burden Hours:
Section 77.502-2 Burden Costs:
$24,190,680.60

339,090 hours
339,090 x $71.34 =

Examinations of High-Voltage Circuit Breakers
Sections 75.800-3 & -4 and 77.800-1 & -2. The number of circuit
breakers protecting high-voltage circuits extending underground
is approximately 874. The number of circuit breakers protecting
high-voltage circuits extending to portable and mobile surface
equipment is approximately 1,765. Each circuit breaker is
required to be examined and tested once a month and the results
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of each examination/test recorded. It is estimated that each
examination will take 30 minutes (0.50 hour), and require 15
minutes (0.25 hour) to record the results.
Surface:
Recordkeeping:
1,765 circuit breakers x 12 months x 0.25 hour = 5,295 hours
Examination time:
1,765 circuit breakers x 12 months x 0.50 hour = 10,590 hours
Underground:
Recordkeeping:
874 circuit breakers x 12 months x 0.25 hour = 2,622 hours
Examination time:
874 circuit breakers x 12 months x 0.50 hour = 5,244 hours

Sections 75.800-3 & 4 and 77.800-1 & 2 Burden Hours:
Surface hours + Underground hours = 23,751 hours
Sections 75.800-3 & 4 and 77.800-1 & 2 Burden Costs:
23,571 x $71.34 = $1,694,396.34
Examinations of Low- and Medium-Voltage Circuit Breakers
Section 75.900-3 & 4. The number of power centers containing
circuit breakers protecting low- and medium-voltage power
circuits serving three-phase underground equipment is
approximately 5,743. The circuit breakers in each such power
center are required to be examined and tested once a month and
the results of such examination/tests recorded. It is estimated
that each examination/test will take 1 hour and require 15
minutes (0.25 hour) to record the results.
Recordkeeping:
5,743 power centers x 12 months x 0.25 hour = 17,229 hours
Examination time:
5,743 power centers x 12 months x 1 hour = 68,916 hours
Section 75.900-3 & 4 Burden Hours:
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86,145 hours

1219-0116
Section 75.900-3 & 4 Burden Costs:
86,145 hours x $71.34 = $6,145,584.30
Section 77.900-1 & 2. The number of installations containing
circuit breakers protecting low- and medium voltage
alternating-current equipment located on the surface is
approximately 1,507. The circuit breakers in each such
installation are required to be examined and tested once a
month. It is estimated that each examination will take an
average of 30 minutes (0.50 hour) to complete and 15 minutes
(0.25 hour) to record the results.
Recordkeeping:
1,507 installations x 12 months x 0.25 hour = 4,521 hours
Examination time:
1,507 installations x 12 months x 0.50 hour = 9,042 hours
Section 77.900-1 & 2 Burden Hours: 13,563 hours
Section 77.900-1 & 2 Burden Costs: 13,563 hours x $71.34 =
$967,584.42
Tests and Calibrations of Automatic Circuit Interrupting Devices
Section 75.1001-1(b)&(c). The number of trolley circuit
breakers in underground coal mines is approximately 962. Each
such circuit breaker is required to be tested and calibrated
once every six months and the results of such tests and
calibrations recorded. It is estimated that each test will take
approximately 1 hour to complete and 15 minutes (0.25 hour) to
record the results.
Recordkeeping:
962 trolley circuit breakers x 2 records per year x 0.25
hour = 481 hours
Examination time:
962 trolley circuit breakers x 2 examinations per year x 1
hour = 1,924 hours
Section 75.1001-1(b) & (c) Burden Hours: 2,405 hours
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Section 75.1001-1(b) & (c) Burden Costs: 2,405 hours x
$71.34 = $171,572.70
Test and Calibration of Atmospheric Monitoring Systems
Sections 75.351 (n)(3) and (o). The number of atmospheric
monitoring systems in underground coal mines is approximately
622. Each monitoring system is required to be tested and
calibrated once every 31 days and the results of such tests and
calibrations are required to be recorded. It is estimated that
each test/calibration will take 1 hour to complete and an
average of 15 minutes (0.25 hour) to record the results.
Recordkeeping:
622 monitoring systems x 12 records per year x 0.25 hour =
1,866 hours
Examination time:
622 monitor examinations x 12 calibrations per year x 1
hour = 7,464 hours
Sections 75.351 (n)(3) and (o) Burden Hours: 9,330 hours
Sections 75.351 (n)(3) and (o) Burden Costs:
9,330 hours x $71.34 = $665,602.20
Table 2
Cite/
Reference
Section
75.512 and
75.703
Section
77.502-2
Section
75.800 and
77.800
Sections
75.900
Section
77.900
Section
75.1001-1

Annual
Annual Burden
Respondents Responses Burden Hours Costs
874
289,000
282,650
$20,164,251

874

271,272

339,090

$24,190,680

874

31,668

23,751

$1,694,396

874

68,916

86,145
$6,145,584

874
874

18,084
1,924

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13,563
2,405

$967,584
$171,573

1219-0116
Section
75.351
TOTAL

874

7,464

9,330

$665,602

///////////

688,328

756,934

$53,999,670

GRAND TOTAL HOURS (Table 1 and Table 2):
GRAND TOTAL BURDEN COSTS (Table 1 and Table 2):

760,553
$54,109,218

13. Provide an estimate of the total annual cost burden to
respondents or record keepers resulting from the collection of
information. (Do not include the cost of any hour burden shown
in Items 13 and 15.)
·

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 which 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.

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·

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.

MSHA does not anticipate that there will be any costs associated
with this information collection other than those designated
under number 12 above.

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.
There is no significant cost to the Federal Government. The
review/inspection of records is just one aspect of the annual
inspection. Complete inspections are required under § 103(a) of
the Mine Act and are required 4 times a year for underground
mines and twice a year for surface operations.
15. Explain the reason for any program changes or adjustments
reporting in Items 13 or 14 of the OMB Form 83-1.
There is
707,678)
760,553)
period.

a decrease of 467,690 responses (from 1,175,368 to
and a decrease of 111,048 burden hours (from 871,601 to
due to fewer mining operations over the last 3 year
The burden cost remains at $0.

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
beginning and ending dates of the collection of information,
completion of report, publication dates, and other actions.
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MSHA has no plans to publish the information obtained through
this information collection.

17. If seeking approval not to display the expiration date for
OMB approval of the information collection, explain the reasons
that display would be inappropriate.
There are no forms associated with this request, therefore MSHA
is not seeking approval to either display or not display the
expiration date for OMB approval of this information collection.
18. Explain each exception to the certification statement
identified in Item 19, "Certification for Paperwork Reduction
Act Submission," of OMB 83-I.
There are no certification exceptions identified with this
information collection.

B.

Collection of Information Employment 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 methods 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.

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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 frequently 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 person(s)
who will actually collect and/or analyze the information for the
agency.
This collection of information does not employ statistical
methods and statistical analysis is not required by the
regulation, therefore, questions 1 through 5 do not apply.
February 2007
18

1219-0116

Federal Mine Safety & Health Act of 1977,
Public Law 91-173,
as amended by Public Law 95-164
An Act
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled. That this Act may be cited as the "Federal
Mine Safety and Health Act of 1977".

TITLE I--GENERAL

INSPECTIONS, INVESTIGATIONS, AND RECORDKEEPING
SEC. 103. (h) In addition to such records as are specifically required by
this Act, every operator of a coal or other mine shall establish and maintain
such records, make such reports, and provide such information, as the
Secretary or the Secretary of Health, Education, and Welfare may reasonably
require from time to time to enable him to perform his functions under this
Act. The Secretary or the Secretary of Health, Education, and Welfare is
authorized to compile, analyze, and publish, either in summary or detailed
form, such reports or information so obtained. Except to the extent otherwise
specifically provided by this Act, all records, information, reports,
findings, citations, notices, orders, or decisions required or issued
pursuant to or under this Act may be published from time to time, may be
released to any interested person, and shall be made available for public
inspection.

February 2007
19

1219-0116
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30 C.F.R. § 75.351]
[Page 495-498]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES--Table of
Contents
Subpart D—Ventilation
30 CFR § 75.351 - Atmospheric monitoring system (AMS).
(n)

Examination, testing, and calibration.
(1)

At least once each shift when belts are operated as part of a
production shift, sensors used to detect carbon monoxide or smoke
in accordance with § § 75.350(b), and 75.350(d), and alarms
installed in accordance with § 75.350(b) must be visually
examined.

(2)
At least once every seven days, alarms for AMS installed in
accordance with § § 75.350(b), and 75.350(d) must be functionally
tested for proper operation.
(3)

At intervals not to exceed 31 days-(i)
Each carbon monoxide sensor installed in accordance with §
§ 75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), or
75.350(d) must be calibrated in accordance with the
manufacturer's calibration specifications. Calibration must
be done with a known concentration of carbon monoxide in
air sufficient to activate the alarm;
(ii) Each smoke sensor installed in accordance with § §
75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), or 75.350(d)
must be functionally tested in accordance with the
manufacturer's calibration specifications;
(iii)Each methane sensor installed in accordance with § §
75.323(d)(1)(ii) or 75.362(f) must be calibrated in
accordance with the manufacturer's calibration
specifications. Calibration must be done with a known
concentration of methane in air sufficient to activate an
alarm.
(iv) If the alert or alarm signals will be activated during
calibration of sensors, the AMS operator must be notified
prior to and upon completion of calibration. The AMS
operator must notify miners on affected working sections,
areas where mechanized mining equipment is being installed

February 2007
20

1219-0116
or removed, or other areas designated in the approved
emergency evacuation and firefighting program of
instruction (§ 75.1502) when calibration will activate
alarms and when calibration is completed.
(4)

(o)

Gases used for the testing and calibration of AMS sensors must be
traceable to the National Institute of Standards and Technology
reference standard for the specific gas. When these reference
standards are not available for a specific gas, calibration gases
must be traceable to an analytical standard which is prepared
using a method traceable to the National Institute of Standards
and Technology. Calibration gases must be within 2.0 percent of
the indicated gas concentration.

Recordkeeping.
(1)
When an AMS is used to comply with § § 75.323(d)(1)(ii),
75.340(a)(1)(ii), 75.340(a)(2)(ii), 75.350(b), 75.350(d), or
75.362(f), individuals designated by the operator must make the
following records by the end of the shift in which the following
event(s)
occur:
(i)
If an alert or alarm signal occurs, a record of the date,
time, location and type of sensor, and the cause for the
activation.
(ii) If an AMS malfunctions, a record of the date, the extent
and cause of the malfunction, and the corrective action
taken to return the system to proper operation.
(iii)A record of the seven-day tests of alert and alarm signals;
calibrations; and maintenance of the AMS must be made by
the person(s)performing these actions.
(2)

The person entering the record must include their name, date, and
signature in the record.

(3)

The records required by this section must be kept either in a
secure book that is not susceptible to alteration, or
electronically in a computer system that is secure and not
susceptible to alteration. These records must be maintained
separately from other records and identifiable by a title, such
as the `AMS log.'

February 2007
21

1219-0116
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30 C.F.R. § 75.512]
[Page 522]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES--Table of
Contents
Subpart F--Electrical Equipment--General
Sec. 75.512

Electric equipment; examination, testing and maintenance.
[Statutory Provision]

All electric equipment shall be frequently examined, tested, and properly
maintained by a qualified person to assure safe operating conditions. When a
potentially dangerous condition is found on electric equipment, such
equipment shall be removed from service until such condition is corrected. A
record of such examinations shall be kept and made available to an authorized
representative of the Secretary and to the miners in such mine.
[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]

February 2007
22

1219-0116
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 30 C.F.R. § 75.703]
[Page 532]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES--Table of
Contents
Subpart H--Grounding
Sec. 75.703

Grounding offtrack direct-current machines and the enclosures of
related detached components.
[Statutory Provisions]

The frames of all offtrack direct-current machines and the
enclosures of related detached components shall be effectively grounded, or
otherwise maintained at no less safe voltages, by methods approved by an
authorized representative of the Secretary.

February 2007
23

1219-0116
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 30 C.F.R. §75.800]
[Page 535]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES--Table of
Contents
Subpart I--Underground High-Voltage Distribution
Sec. 75.800

High-voltage circuits; circuit breakers.
[Statutory Provisions]

High-voltage circuits entering the underground area of any coal mine shall be
protected by suitable circuit breakers of adequate interrupting capacity
which are properly tested and maintained as prescribed by the Secretary.
Such breakers shall be equipped with devices to provide protection against
under-voltage grounded phase, short circuit, and overcurrent.

[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.800-4]
[Page 537]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES--Table of Contents
Subpart I_Underground High-Voltage Distribution
Sec. 75.800-4
record.

Testing, examination, and maintenance of circuit breakers;

(a) Recordkeeping. The operator shall make a record of each test,
examination, repair, or adjustment of all circuit breakers protecting
high-voltage circuits which enter any underground area of the mine.
(b) Record security. These records shall be made in a secure book

February 2007
24

1219-0116
that is not susceptible to alteration or electronically in a computer
system so as to be secure and not susceptible to alteration.
(c) Retention and access. These records shall be retained at a
surface location at the mine for at least one year and shall be made
available to authorized representatives of the Secretary, the
representative of miners, and other interested persons.
[64 FR 43287, Aug. 10, 1999]

February 2007
25

1219-0116
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30 C.F.R. § 75.820]
[Page 541-542]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES--Table of
Contents
Subpart I--Underground High-Voltage Distribution
Sec. 75.820

Electrical work; troubleshooting and testing.

(a) Electrical work on all circuits and equipment associated with highvoltage longwalls must be performed only by persons qualified under Sec.
75.153 to perform electrical work on all circuits and equipment.
(b) Prior to performing electrical work, except for troubleshooting and
testing of energized circuits and equipment as provided for in paragraph (d)
of this section, a qualified person must do the following:
(1)
Deenergize the circuit or equipment with a circuit-interrupting
device.
(2)
Open the circuit disconnecting device. On high-voltage circuits,
ground the power conductors until work on the circuit is
completed.
(3)
Lock out the disconnecting device with a padlock. When more than
one qualified person is performing work, each person must install
an individual padlock.
(4)
Tag the disconnecting device to identify each person working and
the circuit or equipment on which work is being performed.
(c)

Each padlock and tag must be removed only by the person who installed
them, except that, if that person is unavailable at the mine, the lock
and tag may be removed by a person authorized by the operator,
provided-(1)
The authorized person is qualified under paragraph (a) of
this section; and
(2)
The operator ensures that the person who installed the lock
and tag is aware of the removal before that person resumes work
on the affected circuit or equipment.

(d)

Troubleshooting and testing of energized circuits must be performed
only—
(1)

On low- and medium-voltage circuits;

February 2007
26

1219-0116
(2)
(3)

When the purpose of troubleshooting and testing is to determine
voltages and currents; and
By persons qualified to perform electrical work and who wear
protective gloves on circuits that exceed 40 volts in accordance
with the following table:

[Page 542]
Circuit voltage
Greater than 120 volts (nominal) (not
intrinsically safe)
40 volts to 120 volts (nominal) (both
intrinsically safe and nonintrinsically safe)
Greater than 120 volts (nominal)
(intrinsically safe)

(4)

Type of glove required
Rubber insulating gloves with leather
protectors.
Either rubber insulating gloves with
leather protectors or dry work gloves.
Either rubber insulating gloves with
leather protectors or dry work gloves.

Rubber insulating gloves must be rated at least for the nominal
voltage of the circuit when the voltage of the circuit exceeds
120 volts nominal and is not intrinsically safe.

(e)

Before troubleshooting and testing a low- or medium-voltage circuit
contained in a compartment with a high-voltage circuit, the highvoltage circuit must be deenergized, disconnected, grounded, locked out
and tagged in accordance with paragraph (b) of this section.

(f)

Prior to the installation or removal of conveyor belt structure, highvoltage cables extending from the section power center to longwall
equipment and located in the belt entries must be:
(1)
Deenergized; or
(2)
Guarded in accordance with Sec. 75.816 of this part, at the
location where the belt structure is being installed or removed;
or
(3)
Located at least 6.5 feet above the mine floor.

February 2007
27

1219-0116
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.821]
[Page 542]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES--Table of
Contents
Subpart I--Underground High-Voltage Distribution
Sec. 75.821
(a)

(b)

(c)

(d)

Testing, examination and maintenance.

At least once every 7 days, a person qualified in accordance with Sec.
75.153 to perform electrical work on all circuits and equipment must
test and examine each unit of high-voltage longwall equipment and
circuits to determine that electrical protection, equipment grounding,
permissibility, cable insulation, and control devices are being
properly maintained to prevent fire, electrical shock, ignition, or
operational hazards from existing on the equipment. Tests must include
activating the ground-fault test circuit as required by Sec. 75.814(c).
Each ground-wire monitor and associated circuits must be examined and
tested at least once each 30 days to verify proper operation and that
it will cause the corresponding circuit-interrupting device to open.
When examinations or tests of equipment reveal a fire, electrical
shock, ignition, or operational hazard, the equipment must be removed
from service immediately or repaired immediately.
At the completion of examinations and tests required by this section,
the person who makes the examinations and tests must certify by
signature and date that they have been conducted. A record must be made
of any unsafe condition found and any corrective action taken.
Certifications and records must be kept for at least one year and must
be made available for inspection by authorized representatives of the
Secretary and representatives of miners.

February 2007
28

1219-0116
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 30 C.F.R. § 75.900]
[Page 537]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES--Table of
Contents
Subpart J--Underground Low- and Medium-Voltage Alternating Current Circuits
Sec. 75.900 Low- and medium-voltage circuits serving three-phase alternating
current equipment; circuit breakers.
[Statutory Provisions]
Low- and medium-voltage power circuits serving three-phase
alternating current equipment shall be protected by suitable circuit breakers
of adequate interrupting capacity which are properly tested and maintained as
prescribed by the Secretary. Such breakers shall be equipped with devices to
provide protection against undervoltage, grounded phase, short circuit, and
overcurrent.

[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.900-4]
[Page 545]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES--Table of Contents
Subpart J_Underground Low- and Medium-Voltage Alternating Current
Sec. 75.900-4
record.

Testing, examination, and maintenance of circuit breakers;

The operator of any coal mine shall maintain a written record of
each test, examination, repair, or adjustment of all circuit breakers

February 2007
29

1219-0116
protecting low- and medium-voltage circuits serving three-phase
alternating current equipment used in the mine. Such record shall be
kept in a book approved by the Secretary.
[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]

February 2007
30

1219-0116
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.1001-1]
[Page 539]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES--Table of
Contents
Subpart K--Trolley Wires and Trolley Feeder Wires
Sec. 75.1001-1 Devices for overcurrent protection; testing and calibration
requirements; records.
(a)

(b)

(c)

Automatic circuit interrupting devices that will deenergize the
affected circuit upon occurrence of a short circuit at any point in the
system will meet the requirements of Sec. 75.1001.
Automatic circuit interrupting devices described in paragraph (a) of
this section shall be tested and calibrated at intervals not to exceed
six months. Testing of such devices shall include passing the necessary
amount of electric current through the device to cause activation.
Calibration of such devices shall include adjustment of all associated
relays to ±15 percent of the indicated value. An authorized
representative of the Secretary may require additional testing or
calibration of these devices.
A record of the tests and calibrations required by paragraph (b) of
this section shall be kept, and shall be made available, upon request,
to an authorized representative of the Secretary.

[38 FR 29998, Oct. 31, 1973, as amended at 60 FR 33723, June 29, 1995]

February 2007
31

1219-0116
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30 C.F.R. § 77.502]
[Page 640]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 77--MANDATORY SAFETY STANDARDS, SURFACE COAL MINES AND SURFACE WORK
AREAS OF UNDERGROUND COAL MINES--Table of Contents
Subpart F--Electrical Equipment--General
Sec. 77.502

Electric equipment; examination, testing, and maintenance.

Electric equipment shall be frequently examined, tested, and
properly maintained by a qualified person to assure safe operating
conditions. When a potentially dangerous condition is found on electric
equipment, such equipment shall be removed from service until such condition
is corrected. A record of such examinations shall be kept.

February 2007
32

1219-0116
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30 C.F.R. §77.800]
[Page 646]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 77--MANDATORY SAFETY STANDARDS, SURFACE COAL MINES AND SURFACE WORK
AREAS OF UNDERGROUND COAL MINES-SUBPART I – SURFACE HIGH-VOLTAGE DISTRIBUTION
30 C.F.R. § 77.800
High-voltage circuits; circuit breakers.
High-voltage circuits supplying power to portable or mobile equipment shall
be protected by suitable circuit breakers of adequate interrupting capacity
which are properly tested and maintained and equipped with devices to provide
protection against under voltage, grounded phase, short circuit and
overcurrent. High-voltage circuits supplying power to stationary equipment
shall be protected against overloads by either a circuit breaker or fuses of
the correct type and capacity.

[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR77]
[Page 649]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 77_MANDATORY SAFETY STANDARDS, SURFACE COAL MINES AND SURFACE WORK AREAS
Subpart I_Surface High-Voltage Distribution
Sec. 77.800-2 Testing, examination, and maintenance of circuit breakers;
record.
The operator shall maintain a written record of each test,
examination, repair, or adjustment of all circuit breakers protecting
high-voltage circuits. Such record shall be kept in a book approved by
the Secretary.
[[Page 650]]

February 2007
33

1219-0116
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 30 C.F.R. §77.900]
[Page 648]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 77--MANDATORY SAFETY STANDARDS, SURFACE COAL MINES AND SURFACE WORK
AREAS OF UNDERGROUND COAL MINES
Subpart J--Low- and Medium-Voltage Alternating Current Circuits
§ 77.900
Low- and medium-voltage circuits serving portable or mobile
three-phase alternating current equipment; circuit breakers.
Low- and medium-voltage circuits supplying power to portable or mobile threephase alternating current equipment shall be protected by suitable circuit
breakers of adequate interrupting capacity which are properly tested and
maintained and equipped with devices to provide protection against
undervoltage, grounded phase, short circuit, and over-current.

[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR77]
[Page 652]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
PART 77_MANDATORY SAFETY STANDARDS, SURFACE COAL MINES AND SURFACE WORK
AREAS
Subpart J_Low- and Medium-Voltage Alternating Current Circuits
Sec. 77.900-2
record.

Testing, examination, and maintenance of circuit breakers;

The operator shall maintain a written record of each test,
examination, repair or adjustment of all circuit breakers protecting
low- and medium-voltage circuits serving three-phase alternating current
equipment and such record shall be kept in a book approved by the
Secretary.

February 2007
34