1219-AB59 TSP final

1219-AB59
NOTE TO REVIEWER
MSHA is requesting approval of the attached collections of information under OMB
numbers 1219-0066, 1219-0009, 1219-0127, 1219-0088, 1219-0054, 1219-0073, and 12190065 to expedite the review of the information collection requirements contained in this
proposed rule. The burden for conveyor belt applications is already covered under the
approved OMB control number of 1219-0066 under Part 18; the proposed rule would
shift this burden to Part 14. After the collection of information is approved in the final
rule stage, the burden will be allocated to the appropriate existing OMB control
numbers.
The proposed sections that contain information collection requirements are as follows:
OMB #

Proposed Section

1219-0066

§§ 14.4(a), (b), (c), (d), (e)
§ 14.4(f)
§ 14.5
§ 14.8(d)
§ 14.10(b)

1219-0009

§ 48.27(a)

1219-0127

§ 75.156

1219-0088

§§ 75.350(a)(2); 75.350(b); 75.350(b)(7); 75.350(b)(8); 75.350(d)(1);
75.351(e)(1)(v); 75.370(a)(3) and (f)(3), 75.371(jj); 75.371(mm); 75.371(nn);
75.371(yy); 75.371(zz); 75.380(f)(1); 75.381(e); and 75.1103-5(a)

1219-0054

§§ 75.1103-8(b); 75.1103-8(c); 75.1103-5(f); 75.1103-5(f)(2)

1219-0073

§ 75.1103-5(a)(2)(ii)

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1219-AB59
SUPPORTING STATEMENT
Proposed Rule: Safety Standards Regarding the Recommendations of the Technical
Study Panel on the Utilization of Belt Air and the Composition and Fire Retardant
Properties of Belt Materials in Underground Coal Mining
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.
This proposal addresses the recommendations of the Technical Study Panel
(Panel) on the Utilization of Belt Air and the Composition and Fire Retardant Properties
of Belt Materials in Underground Coal Mining. The Secretary established the Panel in
accordance with section 11 of the Mine Improvement and New Emergency Response
(MINER) Act of 2006. The Panel conducted an independent scientific engineering
review and issued its report on December 20, 2007. Under the Consolidated
Appropriations Act of 2008, the Secretary must propose regulations consistent with the
recommendations of the Panel not later than June 20, 2008, and issue a final rule not
later than December 31, 2008.
MSHA proposes new standards for: conveyor belt flammability; qualifying
Atmospheric Monitoring System (AMS) operators; levels of respirable dust in belt
entries; airlocks between air courses; minimum and maximum air velocities; approval
for the use of air from the belt entry to ventilate working sections; monitoring and
remotely closing point-feed regulators; smoke sensors; standardized tactile signals on
lifelines; replacing point-type heat sensors with carbon monoxide sensors; and belt
conveyor and belt entry maintenance.
MSHA is requesting approval of the information collection under OMB numbers
1219-0066, 1219-0009, 1219-0127, 1219-0088, 1219-0054, and 1219-0073 to expedite the
review of the information collection requirements contained in this proposed rule.
Mine operators would no longer need to petition the Agency in order to use carbon
monoxide sensors in lieu of point-type heat sensors (PTHS).
1219-0066 - Testing, Evaluation, and Approval of Mining Equipment
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1219-AB59
Applications for belt approval would be submitted under § 14.4 by
manufacturers who intend to market their belts as approved for use in underground
coal mines. Applications would consist of specifications describing the belt or
proposed changes to the belt and formulation information about the compounds in the
conveyor belt. This information and the test results would be evaluated by MSHA staff
to determine if the conveyor belt met the flame resistant requirements and whether or
not an approval should be granted. The information required under this proposed rule
is similar to the information required from manufacturers seeking “acceptance” of
conveyor belts under existing Part 18.
Proposed § 14.10(b) would require that manufacturers make available to MSHA,
at no cost, samples of approved conveyor belt for audit. If a product is not available
because it is not currently in production, the manufacturer must notify MSHA when it
is available.
1219-0009 – Training Plans
Proposed § 48.27(a) would prohibit miners from working as AMS operators until
they receive the training required by this section. Training would be included in the
training program required for this section, and records of training are required under
existing § 48.29. MSHA anticipates that the costs of this provision are negligible since
mine operators would only have to make minor changes to training plans that must be
submitted for approval under existing Part 48.
1219-0127 - Qualification/Certification Program and Man Hoist Operators Physical Fitness
Proposed § 75.156 would require that AMS operators be qualified and provided
task training in accordance with the mine operator’s approved Part 48 training plan.
Records of qualified persons are required under existing § 75.159. MSHA anticipates
that the costs of this provision are negligible; mine operators would make only minor
changes to records of qualified persons required under existing standards.
1219-0088 – Ventilation Plans, Tests, and Examinations in Underground Coal Mines
Mine operators would need to update information in their mine ventilation plans
due to the following proposed requirements.
Proposed § 75.350(a)(2) would require that unless otherwise approved by the
District Manager in the mine ventilation plan, the air velocity in the belt entry must be
at least 50 feet per minute. The District Manager may approve different velocities
June 2008
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1219-AB59
under § 75.371(jj).
Proposed § 75.350(b) would permit the use of air from the belt entry to ventilate a
working section only when evaluated and approved by the District Manager in the
mine ventilation plan.
Proposed § 75.350(b)(7) would require that the air velocity in the belt entry be at
least 100 feet per minute. When requested by the mine operator, the District Manager
may approve lower velocities in the ventilation plan based on specific mine conditions
under § 75.371(jj).
Proposed § 75.350(b)(8) would require that the air velocity in the belt entry not
exceed 1,000 feet per minute. The District Manager may approve higher velocities in
the ventilation plan based on specific mine conditions under § 75.371(jj).
Proposed § 75.371(yy) would require that the locations where airlocks are
installed between air courses be identified in the mine ventilation plan.
Proposed § 75.371(zz) would require that the locations where the pressure
differential cannot be maintained from the primary escapeway to the belt entry be
identified in the mine ventilation plan.
Proposed § 75.1103-5(a) would require that when the carbon monoxide level
reaches 10 parts per million above the ambient level at any sensor location, an effective
warning signal must be provided at specific locations. Mine operators are required to
establish the ambient level of carbon monoxide in the mine ventilation plan under
§ 75.371(hh).
The following proposed provisions also relate to OMB number 1219-0088.
However, MSHA anticipates that the costs of these provisions are negligible.
•

Proposed § 75.350(d)(1) would require the monitoring for carbon monoxide or
smoke in any air current that passes through a point-feed regulator. The mine
operator may request a lesser distance in the mine ventilation plan.

•

Proposed § 75.371(mm) would require that the location of any dieseldiscriminating, and additional carbon monoxide or smoke sensors installed in
the belt air course be identified in the mine ventilation plan.

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1219-AB59
•

Proposed § 75.371(nn) would require that the length of the time delay or any
other method used to reduce the number of non-fire related alert and alarm
signals from carbon monoxide sensors be specified in the mine ventilation plan.

•

Proposed §§ 75.380(f) (1) and 75.381(e) would require that the primary
escapeway have a higher ventilation pressure than the belt entry. If this is not
possible, the mine operator may submit an alternative in the mine ventilation
plan.

1219-0054 – Fire Protection
Proposed § 75.1103-8(b) would require that a record of the weekly automatic fire
sensor functional tests be maintained by the mine operator and kept for a period of one
year.
Proposed § 75.1103-8(c) would require that a record of the monthly sensor
calibrations be maintained by the mine operator and kept for a period of one year.
1219-0073- Record of Mine Closure
Proposed § 75.1103-5(a)(2)(ii) would require that a map or schematic showing the
locations of sensors, and the intended air flow direction at these locations be
maintained. This map or schematic must be updated within 24 hours of any change.
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 this proposed rule would be
conveyor belt manufacturers and mine operators. Adjustments would be made to
existing information collections under the following numbers: 1219-0066, 1219-0009,
1219-0127, 1219-0088, 1219-0054, and 1219-0073.
Upon approval by the MSHA District Manager, the mine operator uses the
approved plan to implement programs for the initial training of AMS operators
(§ 48.27) and AMS operator qualifications (§ 75.156). Mine operators also provide
annual retraining for AMS operators (§ 75.351(q)). The training plans are necessary to
assure AMS operators perform their jobs effectively during a mine emergency.
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1219-AB59
Section 30 CFR § 75.1108 requires mine operators to use flame-resistant conveyor
belts approved by MSHA. MSHA approval indicates that the manufacturer’s
product has met the Agency’s specifications and would reduce fire hazards when used
in an underground coal mine.
The records collected under OMB numbers 1219-0088, 1219-0054, and 1219-0073
would be used by coal mine operators, miners, and state and federal mine inspectors.
The records would reflect mine-specific ventilation requirements including approval to
use air from the belt entry to ventilate working sections; approved air velocities in the
belt entry; the locations of doors installed between air courses to establish an airlock;
and where the pressure differential cannot be maintained between the primary
escapeway and belt entry. In addition, a mine map or schematic would show the
locations of sensors and intended air flow direction in the belt entry. These additional
requirements will greatly assist mine operators to track changes in their mines’
ventilation systems to maintain the safety and health of miners working in
underground coal mines.
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.
The proposed rule would not specify how records be kept. They could be kept in
the traditional manner or stored electronically, provided they are secure and not
susceptible to loss or alteration. MSHA encourages manufacturers and mine operators
who store records electronically to provide a mechanism to allow the continued storage
and retrieval of records for a number of years.
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 requirements that would
duplicate the reporting requirements contained in this proposed rule. Approvals are
granted on individual conveyor belts and are unique to that belt. However, proposed
§ 14.4(c) would provide that an applicant for an extension of an approval would only
need to submit information that describes the proposed change to an approved
conveyor belt, without being required to submit an entire new application.
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1219-AB59
Training of miners is conducted under various sections of 30 CFR. The intent of
training can be general, task specific, or for purposes of qualification. The
implementation of the Panel’s recommendation for AMS operator training and
qualification is through proposed §§ 48.27(a) and 75.156. These sections complement
each other and are not duplicative, even though the requirements are under two
different OMB numbers, 1219-0009 – Training Plans and 1219-0127 Qualification/Certification Program and Man Hoist Operators Physical Fitness.
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.
Section 103(e) of the Mine Act directs the Secretary of Labor not to impose an
unreasonable burden on small businesses when obtaining any information under the
Act. Accordingly, MSHA takes this into consideration when developing regulatory
requirements when appropriate and consistent with assuring the health and safety of
miners. MSHA’s approval regulations apply equally to all manufacturers regardless of
size. Thus, all conveyor belt manufacturers would have to meet MSHA’s requirements
for flame resistance in order for their product to be approved.
Under the proposal, a manufacturer would be permitted to apply for approval of
a “family” of belts (i.e., belts that are identical in construction except in certain aspects,
such as the number of plies). By allowing “families” of belts under one application,
MSHA expects that the time required to process and test belts would be minimized.
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 Secretary established the Technical Study Panel in accordance with section
11 of the Mine Improvement and New Emergency Response (MINER) Act of 2006. The
Panel conducted an independent scientific engineering review and issued its report on
December 20, 2007. Under the Consolidated Appropriations Act of 2008, the Secretary
must propose regulations consistent with the recommendations of the Panel not later
than June 20, 2008, and issue a final rule not later than December 31, 2008.
The consequence if the collections are not conducted or collected less frequently
is that the agency would not be able to propose standards consistent with the Technical
Study Panel recommendations and thereby meets its statutory requirement. This
would limit the agency’s ability to determine: the flame-resistance of conveyor belts;
whether AMS operators are properly qualified; the performance of the carbon
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1219-AB59
monoxide sensors; and whether the use of air from the belt entry to ventilate working
sections is appropriate.
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.
MSHA intends to continue its existing practice of treating information on
product specifications and performance as proprietary information and would protect
its disclosure to the fullest extent possible under the law, in accordance with the
Freedom of Information Act (5 U.S.C. 522). Collection of information under this
proposed rule is consistent with the guidelines in 5 CFR § 1320.5.
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
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1219-AB59
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 will publish the notice soliciting comments on the information collection
requirements in the preamble of the proposed rule. A Federal Register notice will notify
the public that this information collection requirement (ICR) is being reviewed in
accordance with the Paperwork Reduction Act of 1995, and give interested persons 60
days to submit comments. Comments received will be addressed in the preamble to the
final rule, and, if necessary, a revised ICR will be submitted. Additionally, among other
things, to help ensure the effectiveness and utility of the requirements contained in the
proposed rule, MSHA plans to hold four public hearings in August 2008.
9. Explain any decision to provide any payment or gift to respondents, other than
remuneration of contractors or grantees.
MSHA has provided no payments or gifts to the respondents identified in this
collection.
10. Describe any assurance of confidentiality provided to respondents and the basis
for the assurance in statute, regulation, or agency policy.
There is no assurance of confidentially provided to respondents beyond that
required by the Freedom of Information Act (5 U.S.C. 522). Collection of information
under this proposed rule is consistent with the guidelines in 5 CFR § 1320.5.
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 form 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
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1219-AB59
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.

PROPOSED PART 14 PAPERWORK ESTIMATES
Proposed § 14.4 - Application procedures and requirements.
Under proposed § 14.4, manufacturers would submit applications for conveyor
belt approvals. This requirement would be included with the existing paperwork
requirements with approved OMB control #1219-0066. MSHA estimates that the
number of original applications filed would be: 100 in the first year; 50 in the second
year; and 30 in the third year. The number of applications for extension of approval or
for approval of similar conveyor belt is estimated to be: 20 in the first year; 10 in the
second year; and 10 in the third year. MSHA estimates that to prepare and submit an
application, and any additional information requested by MSHA, takes an engineer,
earning $50 per hour, 5 hours for an original application and 2 hours for an application
for extension approval or for approval of similar conveyor belt.

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1219-AB59
Table 1: Estimated Burden Hours and Cost under Proposed § 14.4
(a)
Description

Original
Application
Application for
Extension or
Similar Belt
Total

(b)
No. of
Applications

100
20

(c)
Hours per
Application

(d)
Burden
Hoursa

First Year
5
2

120

Original
Application
Application for
Extension or
Similar Belt
Total

50

Original
Application
Application for
Extension or
Similar Belt
Total

30

10

2

$50

$25,000

40

$50

$2,000

$27,000

250

$50

$12,500

20

$50

$1,000

270
Third Year
5
2

40

Burden hours = col. b x col. c.
b
Burden cost = col. d x col. e.

June 2008
11

$13,500

150

$50

$7,500

20

$50

$1,000

170

a

(f)
Burden
Costb

500

540
Second Year
5

60

10

(e)
Engineer
Hourly
Wage Rate

$8,500

1219-AB59
Summary of Burden Hours, Costs, and Response Estimate for Part 14.
Table 1 shows that the burden associated with filing an application is
approximately: 540 hours at a cost of $27,000 in the first year; 270 hours at a cost of
$13,500 in the second year; and 170 hours at a cost of $8,500 in the third year that the
rule is in effect. In Table 2, MSHA estimates that the proposed rule would result in 120
manufacturer responses in the first year, 60 responses in the second year, and 40
responses in the third year that the rule is in effect.
Table 2: Summary of Estimated Number of Responses by Manufacturers for
Proposed Part 14

Year
First Year
Second Year
Third Year

Section
§ 14.4
§ 14.4
§ 14.4

Existing
Approved
Paperwork
Packages
1219-0066
1219-0066
1219-0066

No. of
Applicants
10
10
10

Annual No.
of Responses
per
Application
12
6
4

Total
Responses
120
60
40

PROPOSED PART 75 PAPERWORK ESTIMATES
Proposed § 75.350 Belt Air Course Ventilation.
Proposed § 75.350(a)(2) would require that the belt entry air velocity be at least
50 feet per minute. This requirement is related to the paperwork requirement under
proposed § 75.371(jj) with approved OMB control #1219-0088, which would require that
the mine ventilation plan provide the locations where approved velocities are below
this limit. MSHA estimates 20 minutes (0.33 hours) of a supervisor’s time (at an hourly
wage of $85.14) at an estimated 240 affected mines to make revisions to the mine
ventilation plan and 6 minutes (0.1 hours) of a clerical employee’s time (at an hourly
wage of $26.37) to photocopy and submit the revisions. Table 3 shows MSHA’s
estimate of 105 first-year burden hours and associated costs of $7,470 for mine operators
to revise mine ventilation plans for this provision.

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1219-AB59
Table 3: Estimated First-Year Burden Hours and Costs for Mine Operators
to Revise Mine Ventilation Plans in Accordance with Proposed § 75.350(a)(2)

Mine Size

# of Mines
Revising
Ventilation
Plan

Time for
Supervisor
to Make
Revision
(Hours Per
Mine)

105
135
240

0.33
0.33
0.33

1-19
20-500
501+
All Mines

Total FirstTime for
Year
Clerical
Burden
Employee
Hours for
to Submit
Supervisors
Revision
(Hours Per
Mine)
0.10
35
0.10
45
0.10
80

Total FirstYear
Burden
Hours for
Clerical
Employees
11
14
25

Total
FirstYear
Burden
Hours

46
59
105

Total
FirstYear
Cost

$3,270
$4,200
$0
$7,470

Proposed § 75.350(b) would require that the justification to use air from the belt
entry to ventilate working sections be provided in the mine ventilation plan submitted
by the mine operator to the District Manager for evaluation and approval. This
requirement is related to the paperwork requirement under existing § 75.371 with
approved OMB control #1219-0088, which requires that the mine ventilation plan
provide all information required by the District Manager. MSHA estimates that 49
mines would take 60 minutes (1.0 hours) of a supervisor’s time (at an hourly wage of
$85.14) to make revisions to the mine ventilation plan and 6 minutes (0.10 hours) of a
clerical employee’s time (at an hourly wage of $26.37) to photocopy and submit
revisions. Table 4 shows MSHA’s estimate of 24 first-year burden hours and associated
costs of $4,357 for mine operators to revise mine ventilation plans for this provision.

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1219-AB59
Table 4: Estimated First-Year Burden Hours and Costs for Mine Operators to Revise
Mine Ventilation Plan in Accordance with Proposed § 75.350(b)

Mine Size

# of Mines
That Need
to Revise
Ventilation
Plan

Time for
Supervisor
to Make
Revision
(Hours Per
Mine)

3
45
1
49

1.0
1.0
1.0

1-19
20-500
501+
All Mines

Total
Time for
Total First- First-Year
Clerical
Burden
Year
Employee
Hours for
Burden
to Submit
Clerical
Hours for
Revision
(Hours Per Supervisors Employees
Mine)
0.10
3
1
0.10
45
5
0.10
1
1
49
7

Total
First-Year
Burden
Hours

Total
First-Year
Cost

4
50
2
56

$282
$3,963
$112
$4,357

Proposed § 75.350(b)(7) would require the air velocity in the belt entry to be at
least 100 feet per minute in mines that use air from the belt entry to ventilate working
sections. This requirement is related to the paperwork requirement under proposed
§ 75.371(jj) with approved OMB control #1219-0088, which would require that the mine
ventilation plan provide the locations where approved velocities are below this limit.
MSHA estimates that 12 mines would be affected and that it would take 20 minutes
(0.33 hours) of a supervisor’s time (at an hourly wage of $85.14) to make revisions to the
mine ventilation plan and 6 minutes (0.10 hours) of a clerical employee’s time (at an
hourly wage of $26.37) to photocopy and submit revisions. Table 5 shows MSHA’s
estimate of 5 first-year burden hours and associated costs of $479 for mine operators to
revise mine ventilation plans for this provision.
Table 5: Estimated First-Year Burden Hours and Cost for Mine Operators to Revise
Mine Ventilation Plan in Accordance with Proposed § 75.350(b)(7)

Mine Size

# of Mines
Revising
Ventilation
Plan

Time for
Supervisor
to Make
Revision
(Hours Per
Mine)

1-19
20-500
501+
All Mines

1
11
12

0.33
0.33
0.33

Total
Time for
Total First- First-Year
Clerical
Burden
Year
Employee
Hours for
Burden
to Submit
Clerical
Hours for
Revision
(Hours Per Supervisors Employees
Mine)
0.10
1
1
0.10
4
1
0.10
5
2

June 2008
14

Total
First-Year
Burden
Hours

Total
First-Year
Cost

2
5
7

$112
$367
$0
$479

1219-AB59
Proposed § 75.350(b)(8) would require that the air velocity in the belt entry not
exceed 1,000 feet per minute in mines that use air from the belt entry to ventilate
working sections. This requirement is related to the paperwork requirement under
proposed § 75.371(jj) with approved OMB control #1219-0088, which would require that
the mine ventilation plan provide the locations where approved velocities are above
this limit. MSHA estimates that 3 mines would be affected and that it would take 20
minutes (0.33 hours) of a supervisor’s time (at an hourly wage of $85.14) to make
revisions to the mine ventilation plan and 6 minutes (0.10 hours) of a clerical
employee’s time (at an hourly wage of $26.37) to photocopy and submit revisions.
Table 6 shows MSHA’s estimate of 2 first-year burden hours and associated costs of
$112 for mine operators to revise mine ventilation plans for this provision.
Table 6: Estimated First-Year Burden Hours and Costs for Mine Operators to Revise
Mine Ventilation Plan in Accordance with Proposed § 75.350(b)(8)
Mine Size

# of Mines
Revising
Ventilation
Plan

1-19
20-500
501+
All Mines

3
3

Time for
Clerical
Employee
to Submit
Revision
(Hours Per
Mine)
0.33
0.10
0.33
0.10
0.33
0.10

Time for
Supervisor
to Make
Revision
(Hours Per
Mine)

Total FirstYear
Burden
Hours for
Supervisors

Total
First-Year
Burden
Hours for
Clerical
Employees

Total
First-Year
Burden
Hours

Total
First-Year
Cost

1
1

1
1

2
2

$0
$112
$0
$112

Existing § 75.370 Mine Ventilation Plan; Submission and Approval.
The proposed provisions that would require revising mine ventilation plans
would also affect existing § 75.370(a)(3) and (f) with approved OMB control
# 1219-0088, requiring mine operators to post all revisions of the mine ventilation plan
and providing a copy to a miners’ representative, upon request, prior to submitting a
mine ventilation plan and any revision to a mine ventilation plan. MSHA estimates that
miners’ representatives are going to make this request for 30 percent of the revisions. In
addition, prior to implementing an approved ventilation plan or a revision to a
ventilation plan, mine operators must post it on the mine bulletin board. This
paperwork burden requirement is also included under approved OMB control
# 1219-0088. MSHA estimates that it would take a clerical worker (at an hourly wage of
$26.37) approximately six minutes to either copy and post a plan, or provide a revised
June 2008
15

1219-AB59
copy of mine ventilation plan to miners’ representative. Table 7 shows MSHA’s
estimate of 172 first-year paperwork burden hours and its associated costs of $4,746 to
comply with existing § 75.370(a)(3) and (f).
Table 7: Estimated First-Year Burden Hours and Costs for Mine Operators to Post
Mine Ventilation Plans and to Provide Copies to Miners' Representatives in
Accordance with Existing § 75.370(a)(3) & (f)

Mine Size

1-19
20-500
501+
All Mines

# of
Mines
Revising
Plans

223
391
10
624

# of
Revisions
to Mine
Ventilation
Plans

431
874
16
1,321

Time to Copy
& Post or to
Copy &
Provide
Revisions to
Miners'
Representative
(Hours Per
Revision)
30%
0.10
30%
0.10
30%
0.10

Percentage of
Revisions
Where a Copy
Is Provided to
Miners'
Representative

Total
First-Year
Burden
Hours

Total
First-Year
Cost

56
114
2
172

$1,477
$3,006
$53
$4,536

Proposed § 75.371 Mine Ventilation Plan; Contents.
Proposed § 75.371(yy), with approved OMB control #1219-0088, would require
that the locations where doors are installed between air courses to establish an airlock
be documented in the mine ventilation plan. MSHA estimates that 64 mines would be
affected and that it would take 10 minutes (0.33 hours) of a supervisor’s time (at an
hourly wage of $85.14) to revise the plan and another 3 minutes (0.05 hours) of a clerical
employee’s time (at an hourly wage of $26.37) to photocopy and submit the plan. Table
8 shows MSHA’s estimate of 15 first-year paper burden hours and associated costs of
$1,043 for mine operators to revise mine ventilation plans for this provision.

June 2008
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1219-AB59
Table 8: Estimated First-Year Burden Hours and Costs for Mine Operators to Revise
Mine Ventilation Plan in Accordance with Proposed § 75.371(yy)

Mine Size

# of Mines
Revising
Ventilation
Plan

Time for
Supervisor
to Make
Revision
(Hours Per
Mine)

1-19
20-500
501+
All Mines

59
5
64

0.17
0.17
0.17

Time for
Total
Total FirstClerical
First-Year
Year
Employee
Burden
Burden
to Submit
Hours for
Hours for
Revision
Clerical
(Hours Per Supervisors
Employees
Mine)
0.05
0.05
10
3
0.05
1
1
11
4

Total
First-Year
Burden
Hours

Total FirstYear Cost

13
2
15

$0
$931
$112
$1,043

Proposed §§ 75.380(f)(1) and 75.381(e) would require that the primary escapeway
have higher ventilation pressure than the belt air course unless the mine operator
submits an alternative in the mine ventilation plan to protect the integrity of the
primary escapeway, based on the mine specific conditions. Proposed § 75.371(zz), with
approved OMB control #1219-0088, would allow a modification in the ventilation plan
to include the locations where the pressure differential cannot be maintained from the
primary escapeway to the belt entry. MSHA estimates that 474 mines would be affected
and that it would take 20 minutes (0.33 hours) of a supervisor’s time (at an hourly wage
of $85.14) to make revisions to the mine ventilation plan and 6 minutes (0.10 hours) of a
clerical employee’s time (at an hourly wage of $26.37) to photocopy and submit
revisions. Table 9 shows MSHA’s estimate of 204 first-year burden hours and
associated costs of $14,606 for mine operators to revise mine ventilation plans for this
provision.

June 2008
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1219-AB59
Table 9: Estimated First-Year Burden Hours and Costs for Mine Operators to Revise
Mine Ventilation Plan in Accordance with Proposed § 75.371(zz)

Mine Size

# of Mines
Revising
Ventilation
Plan

Time for
Supervisor
to Make
Revision
(Hours Per
Mine)

1-19
20-500
501+
All Mines

112
352
10
474

0.33
0.33
0.33

Time for
Total
Total FirstClerical
First-Year
Year
Employee
Burden
Burden
to Submit
Hours for
Hours for
Revision
Clerical
(Hours Per Supervisors
Employees
Mine)
0.10
37
11
0.10
117
35
0.10
3
1
157
47

Total
First-Year
Burden
Hours

Total
First-Year
Cost

48
152
4
204

$3,440
$10,884
$282
$14,606

Proposed § 75.1103-5 Automatic Fire Warning Devices; Actions and Responses.
Proposed § 75.1103-5 (a) would require that when the carbon monoxide level
reaches 10 parts per million above the ambient level at any sensor location, an effective
warning signal must be provided at specific locations. The ambient level must be
included in the mine ventilation plan as required under existing § 75.371(hh) (approved
OMB control # 1219-0088). MSHA estimates that for the 479 affected mines, it would
take a mine supervisor, earning $85.14 an hour, approximately 15 minutes (0.25 hours)
to revise the mine ventilation plan and a clerical worker, earning $26.37 an hour, six
minutes (0.1 hours) to copy and submit a revision. Table 10 shows MSHA’s estimate of
168 first-year paperwork burden hours and its associated costs of $11,483 to revise the
mine ventilation plan.

June 2008
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1219-AB59
Table 10: Estimated First-Year Burden Hours and Costs for Mine Operators to Revise
Mine Ventilation Plan in Accordance with Proposed § 75.1103-5(a)

Mine Size

# of Mines
Revising
Ventilation
Plan

Time for
Supervisor
to Make
Revision
(Hours Per
Mine)

1-19
20-500
501+
All Mines

210
269
0
479

0.25
0.25
0.25

Time for
Total
Total FirstClerical
First-Year
Year
Employee
Burden
Burden
to Copy &
Hours for
Hours for
Submit
Clerical
Revision Supervisors
Employees
(Hours Per
Mine)
0.10
53
21
0.10
67
27
0.10
120
48

Total
First-Year
Burden
Hours

Total
First-Year
Cost

74
94
168

$5,066
$6,416
$0
$11,483

Proposed § 75.1103-5(a)(2)(ii) would require a map or schematic to show the
locations of sensors and the intended direction of air flow. The map or schematic must
also be updated within 24 hours of any changes. MSHA expects that these notations
will be added to the mine map required under existing §§ 75.1200 and 75.372 (approved
OMB control # 1219-0073). MSHA estimates, for the 479 non-AMS mines, that it would
take 30 minutes of an engineer’s time (at an hourly wage of $50.00) to update the map in
the first year and 5 minutes of an engineer’s time to update the map monthly (or 1 hour
a year). This task would need to be done annually starting in year one. Table 11 shows
MSHA’s estimate of 240 annual burden hours and costs of $12,000 in the first year and
479 hours and $23,950 annually for mine operators to update mine maps or schematics.
Table 11: Estimated Annual Burden Hours and Costs for Mine Operators to Update
Map or Schematic with Locations of CO Sensors in Accordance with Proposed
§ 75.1103-5(a)(2)(ii)

Mine Size

1-19
20-500
501+
All Mines

# of NonAMS
Mines
Revising
Plan
210
269
479

Initial
Burden
Hours
105
135
240

Total FirstYear Cost

$5,250
$6,750
$0
$12,000

June 2008
19

Annual
Burden
Hours
210
269
479

Total
Burden
Hours
315
404
719

Total
Annual
Cost
$10,500
$13,450
$0
$23,950

1219-AB59
Proposed § 75.1103-8 Automatic Fire Sensor and Warning Device Systems; Inspection
and Test Requirements.
Proposed § 75.1103-8(b) would require that the operator maintain and keep a
record of the test performed in proposed § 75.1103-8(a). This requirement is related to
the paperwork requirements under existing § 75.1103-8 with approved OMB control
#1219-0054. MSHA estimates that 479 mines would be affected and that it would take
48 seconds (0.80 minutes) of a supervisor’s time (at an hourly wage of $85.14) to record
each alarm tested. In addition, MSHA estimates that mines with 1-19 employees test
one alarm per week; mines with 20-500 employees test two alarms per week; and mines
with over 500 employees test four alarms per week. Table 12 shows MSHA’s estimate
of 519 annual burden hours and associated costs of $44,187 for mine operators to record
the testing of carbon monoxide systems.
Table 12: Estimated Annual Burden Hours and Costs for Mine Operators to Record
Weekly Testing of Carbon Monoxide Systems in Accordance with Proposed
§ 75.1103-8(b)
Mine Size

1-19
20-500
501+
All Mines

Alarms
Incremental #
Tested
of Mines
Installing CO Per Week
Systems
210
1
269
2
4
479

Recording
Time per
Test
(Hours)
0.013
0.013
0.013

Total
Annual
Burden
Hours
146
373
519

Total
Annual
Cost
$12,430
$31,757
$0
$44,187

Proposed § 75.1103-8(c) would require the calibration of carbon monoxide
sensors at intervals of no more than 31 days. This requirement is included under
approved OMB control #1219-0054. The operator would have to keep a record of the
carbon monoxide sensor calibrations for one year. MSHA estimates that 8,451 carbon
monoxide sensors would be affected and that it would take 48 seconds (0.80 minutes) of
a supervisor’s time (at an hourly wage of $85.14) to record each calibration. Table 13
shows MSHA’s estimate of 1,352 annual burden hours and associated costs of $115,109
for mine operators to record the calibration of sensors.

June 2008
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1219-AB59
Table 13: Estimated Annual Burden Hours and Costs for Mine Operators to Record
Monthly Calibration of Carbon Monoxide Systems in Accordance with
Proposed § 75.1103-8(c)

Mine Size

1-19
20-500
501+
All Mines

Incremental #
of CO
Sensors

1,068
7,076
307
8,451

Annual Hours
Spent to
Record
Calibration
(Per Sensor)
0.16
0.16
0.16

Total Annual
Burden
Hours
171
1,132
49
1,352

Total
Annual
Cost
$14,559
$96,378
$4,172
$115,109

Summary of Proposed Part 75 Estimated Burden Hours and Responses.
In Tables 14 and 15, MSHA estimates that the proposed rule would result for
mine operators in 3,319 burden hours in the first year and 2,350 burden hours every
year thereafter that the rule is in effect. MSHA estimates that the proposed rule would
result in 135,106 responses in the first year and 132,068 responses every year thereafter
that the rule is in effect.
Table 14: Estimated First-Year # of Respondents, Responses, Burden Hours, and
Costs to Mine Operators for the Proposed Part 75 Provisions
Paperwork Requirements

§ 75.350
§ 75.370
§ 75.371
§ 75.1103-5(a)
§ 75.1103-5(a)(2)(ii)
§ 75.1103-8(b)
§ 75.1103-8(c)
Total

Existing
Approved
Paperwork
Packages
1219-0088
1219-0088
1219-0088
1219-0088
1219-0073
1219-0054
1219-0054

# of
Respondents

# of
Responses

240
624
474
479
479
479
544
624

304
1,717
538
479
5,748
24,908
101,412
135,106

June 2008
21

Total FirstYear Burden
Hours
170
172
219
168
719
519
1,352
3,319

Total
First-Year
Cost
$12,418
$4,536
$15,649
$11,482
$35,950
$44,187
$115,109
$239,331

1219-AB59
Table 15: Estimated Annual # of Respondents, Responses, Burden Hours, and Costs
to Mine Operators Starting in Year Two for the Proposed Part 75 Provisions
Paperwork Provisions

§ 75.1103-5(a)(2)(ii)
§ 75.1103-8(b)
§ 75.1103-8(c)
Total

Existing
Approved
Paperwork
Packages
1219-0073
1219-0054
1219-0054

# of
Respondents

# of
Responses

479
479
8,451
9,409

5,748
24,908
101,412
132,068

Total Annual
Burden
Hours
479
519
1,352
2,350

Total
Annual
Cost
$23,950
$44,187
$115,109
$183,246

Table 16: Summary Table of First Year Burden For Parts 14 and 75
PART
14

TABLE
1

RESPONDENTS
10

RESPONSES
120

HOURS
540

3
4
5
6
7
8
9
10
11
12
13
14

240
49
12
3
624
64
474
479
479
479
544
624

240
49
12
3
1717
64
474
479
5748
24,908
101,412
135,106

105
56
7
2
172
15
204
168
719
519
1352
3,319

634

135,226

3,859

75

SUBTOTAL 75
TOTAL

June 2008
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1219-AB59
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 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.

•

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.

PROPOSED PART 14 ANNUAL COST BURDEN ESTIMATES
Proposed Part 14 – Requirements for the Approval of Flame-Resistant Conveyor
Belts.
Under proposed § 14.4(f), MSHA would charge applicants fees for testing and
evaluating their conveyor belt applications. This requirement would be included with
June 2008
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1219-AB59
the existing paperwork requirements with approved OMB control #1219-0066. MSHA’s
fees are $84 per hour, which includes a 1.656 support factor. MSHA estimates that each
original application involves 7 hours of testing and evaluation. MSHA further
estimates that half of the applications for extension approval or approval of similar belt
involve 6 hours of testing and evaluation, and the remaining half involve only 3 hours
of evaluation.
Thus, MSHA would charge: $588 for an original application; $504 for an
extension approval or approval of similar belt application that involves testing and
evaluation; and $252 for an extension approval or approval of similar belt application
that involves only evaluation. In addition, MSHA assumes that, in 10 percent of the
applications, the Agency would request additional information, resulting in double the
time to test and evaluate those applications.
Table 16 shows that MSHA’s testing and evaluation charges for applicants are:
$72,996 in the first year; $36,498 in the second year; and $23,562 in the third year that the
rule is in effect.

June 2008
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1219-AB59
Table 17: Estimated MSHA Fee Cost for Conveyor Belt Application under Proposed
§ 14.4(f)
(a)
Detail

(b)
No. of
Applications

(c)
Cost per
Application

(d)
Total Costa

(e)
Total Cost
Increased by 10
Percent

First Year
Original Applications
Application for
Extension or Similar
Belt Involving Testing
& Evaluation
Application for
Extension or Similar
Belt Involving
Evaluation
Total

100
10

$588
$504

$58,800
$5,040

$64,680
$5,544

10

$252

$2,520

$2,772

$66,360

$72,996

Second Year
Original Applications
Application for
Extension or Similar
Belt Involving Testing
& Evaluation
Application for
Extension or Similar
Belt Involving
Evaluation
Total

50
5

$588
$504

$29,400
$2,520

$32,340
$2,772

5

$252

$1,260

$1,386

$33,180

$36,498

Original Applications
Application for
Extension or Similar
Belt Involving Testing
& Evaluation
Application for
Extension or Similar
Belt Involving
Evaluation
Total

30
5

$588
$504

$17,640
$2,520

$19,404
$2,772

5

$252

$1,260

$1,386

$21,420

$23,562

Third Year

a

Cost = col. b x col. c.

June 2008
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1219-AB59
Under proposed § 14.5, upon request by MSHA, the applicant must submit
conveyor belt samples for flame testing. This requirement would be included with the
existing paperwork requirements with approved OMB control #1219-0066. MSHA
estimates that an applicant’s cost to send MSHA conveyor belt samples for testing
would be $185 for each conveyor belt application ($125 for the conveyor belt samples
and $60 for shipping costs). MSHA estimates that the number of applications requiring
testing of the conveyor belt is: 110 in the first year; 55 in the second year; and 35 in the
third year. In addition, MSHA assumes that for 10 percent of these applications, the
applicant would need to submit additional conveyor belt samples. Table 17 shows that
the cost for applicants to submit conveyor belt samples for testing is: $22,385 in the first
year; $11,193 in the second year; and $7,123 in the third year that the rule is in effect.
Table 18: Estimated Cost to Test Conveyor Belt Samples under Proposed § 14.5
(a)
Year

First Year
Second Year
Third Year
a

(b)
No. of
Applications That
Involve Testing
110
55
35

(c)
Cost to Test
Belt
$185
$185
$185

(d)
Total Costa
$20,350
$10,175
$6,475

(e)
Total Cost
Increased by 10
Percent
$22,385
$11,193
$7,123

Total Cost = col. b x col. c.

Under proposed § 14.10(b), no more than once a year, except for cause, the
approval holder, at MSHA’s request, must make available to the Agency samples of an
approved conveyor belt for audit. This requirement would be included with the
existing paperwork requirements with approved OMB control #1219-0066. MSHA
estimates that 6 belts would be submitted each year for audit, starting with the second
year. As noted above, the cost to submit conveyor belt samples is $185 for each
submission. Table 18 shows the cost for approval holders to submit conveyor belt
samples for audit would be $1,110 per year, beginning in the second year that the rule is
in effect.

June 2008
26

1219-AB59
Table 19: Estimated Cost to Submit Belt Samples for Audit under Proposed § 14.10(b)
(a)
Year

(b)
No. of Belts
Submitted for
Audit

First
Second
Third
a

(c)
Cost to Submit
Belt
0
6
6

(d)
Total Costa

$185
$185
$185

$0
$1,110
$1,110

Total Cost = col. b x col. c.

PROPOSED PART 75 ANNUAL COST BURDEN ESTIMATES
Proposed § 75.350 Belt Air Course Ventilation.
Proposed § 75.350(a)(2) would require air velocity in the belt entry be at least 50
feet per minute, unless otherwise approved in the mine ventilation plan. This
requirement is related to the paperwork requirement under proposed § 75.371(jj) with
approved OMB control #1219-0088, which would require that the mine ventilation plan
provide the locations where approved velocities are below this limit. MSHA estimates
it would take four pages for each of the 240 affected mines to make revisions to the
mine ventilation plan. The postage and handling to send the revised training plan to
the District Manager would be $1.50. MSHA estimates $504 in burden cost in the first
year to revise mine ventilation plans for this provision.
(240 mines x 4 pages x $0.15 per page) + (240 mines x $1.50) = $504
Proposed § 75.350(b) would require the use air from the belt entry to ventilate a
working section be evaluated and approved by the District Manager and justification
provided in the mine ventilation plan. This requirement is related to the paperwork
requirement under existing § 75.371 with approved OMB control #1219-0088. MSHA
estimates that it would take two pages for each of the 49 affected mines to make
revisions to the mine ventilation plan. The postage and handling to send the revised
training plan to the District Manager would be $1.50. MSHA estimates $88 in burden
cost in the first year to revise mine ventilation plans for this provision.
(49 mines x 2 pages x $0.15 per page) + (49 mines x $1.50) = $88
Proposed § 75.350(b)(7) would require air velocity in the belt entry must be at
least 100 feet per minute in mines that use air from the belt entry, unless otherwise
June 2008
27

1219-AB59
approved in the mine ventilation plan. This requirement is related to the paperwork
requirement under proposed § 75.371(jj) with approved OMB control #1219-0088.
MSHA estimates that it would take three pages for each of the 12 affected mines to
make revisions to the mine ventilation plan. The postage and handling to send the
revised training plan to the District Manager would be $1.50. MSHA estimates $23 in
burden cost in the first year to revise mine ventilation plans.
(12 mines x 3 pages x $0.15 per page) + (12 mines x $1.50) = $23
Proposed § 75.350(b)(8) would require that air velocity in the belt entry not
exceed 1,000 feet per minute in mines that use air from the belt entry, unless otherwise
approved in the mine ventilation plan. This requirement is related to the paperwork
requirement under proposed § 75.370 with approved OMB control #1219-0088. MSHA
estimates that it would take three pages for each of the three affected mines to make
revisions to the mine ventilation plan. The postage and handling to send the revised
training plan to the District Manager would be $1.50. MSHA estimates $6 in burden
cost in the first year to revise mine ventilation plans for this provision.
(3 mines x 3 pages x $0.15 per page) + (3 mines x $1.50) = $6
Existing § 75.370 Mine Ventilation Plan; Submission and Approval.
The proposed provisions that would require revising mine ventilation plans
would also affect existing §§ 75.370(a)(3) and (f) with approved OMB control
# 1219-0088, requiring mine operators to post all revisions of the mine ventilation plan
and providing a copy to miners’ representative, upon request, prior to submitting a
mine ventilation plan and any revision to the mine ventilation plan. MSHA estimates
that miners’ representatives are going to make this request for 30 percent of the
revisions. In addition, prior to implementing an approved ventilation plan or a revision
to a ventilation plan, mine operators must post it on the mine bulletin board. This
paperwork burden requirement is included under approved OMB control # 1219-0088.
MSHA estimates that the 624 affected mines would generate 1,321 revisions.
Combining the two paperwork requirements, MSHA estimates that mine operators
would have to photocopy 6,556 pages in the first year. MSHA estimates $983 in burden
cost in the first year to comply with existing §§ 75.370(a)(3) and (f).
(6,556 pages x $0.15 per page) = $983
Proposed § 75.371 Mine Ventilation Plan; Contents.
June 2008
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1219-AB59
Proposed § 75.371(yy), with approved OMB control # 1219-0088, would require
that the locations where airlocks are installed between air courses be documented in the
mine ventilation plan. MSHA estimates that it would take two pages for each of the 64
affected mines to make revisions to the mine ventilation plan. The postage and
handling to send the revised training plan to the District Manager would be $1.50.
MSHA estimates $115 in burden cost in the first year to revise mine ventilation plans for
this provision.
(64 mines x 2 pages x $0.15 per page) + (64 mines x $1.50) = $115
Proposed §§ 75.380(f)(1) and 75.381(e) would require that the primary escapeway
have higher ventilation pressure than the belt entry unless the mine operator submits
an alternative in the mine ventilation plan to protect the integrity of the primary
escapeway, based on the mine specific conditions, which is approved by the District
Manager. Proposed § 75.371(zz), with approved OMB control #1219-0088, would
require a modification in the ventilation plan to include the locations where the
pressure differential cannot be maintained from the primary escapeway to the belt
entry. MSHA estimates that it would take four pages for each of the 474 affected mines
to make revisions to the mine ventilation plan. The postage and handling to send the
revised training plan to the District Manager would be $1.50. MSHA estimates $995 in
burden cost in the first year to revise mine ventilation plans for this provision.
(474 mines x 4 pages x $0.15 per page) + (474 mines x $1.50) = $995
Proposed § 75.1103-5 Automatic Fire Warning Devices; Actions and Responses.
Proposed § 75.1103-5(a) would require that when the carbon monoxide level
reaches 10 parts per million above the ambient level at any sensor location, an effective
warning signal must be provided at specific locations. The ambient level must be
included in the mine ventilation plan as required under existing § 75.371(hh) (approved
OMB control # 1219-0088). MSHA estimates that for the 479 affected mines, it would
take four pages to revise the mine ventilation plan and it would cost $1.50 to mail it to
the District Manager. MSHA estimates $1,006 in burden cost in the first year to revise
the mine ventilation plan.
(479 mines x 4 pages x $0.15 per page) + (479 mines x $1.50) = $1,006
Proposed § 75.1103-5(a)(2)(ii) would require a map or schematic to show the
locations of sensors and the intended direction of air flow. The map or schematic must
also be updated within 24 hours of any changes in sensor locations. MSHA expects that
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these notations will be added to the mine map required under existing §§ 75.1200 and
75.372 (approved OMB control # 1219-0073). MSHA estimates, for the 479 non-AMS
mines, it would initially cost $10 in material to produce a map on special paper. MSHA
estimates $4,790 in burden cost in the first year to update mine maps or schematics.
(479 mines x $10 per map) = $4,790
Proposed § 75.1103-8 Automatic Fire Sensor and Warning Device Systems; Inspection
and Test Requirements.
Proposed § 75.1103-8(b) would require that a record of the test performed in
proposed § 75.1103-8(a) be maintained and kept by the operator for one year. This
requirement is related to the paperwork requirement under existing § 75.1103-8 with
approved OMB control #1219-0054. MSHA estimates that 479 mines would test 748
automatic fire sensors per week, and that it would take 8 pages, per automatic fire
sensor, annually to record each alarm tested. MSHA estimates $898 in burden cost
annually to record the testing of carbon monoxide systems.
(748 automatic fire sensors tested x 8 pages per year x $0.15 per page) = $898
Proposed § 75.1103-8(c) with approved OMB control #1219-0054 would require
the calibration of sensors at intervals of no more than 31 days. This requirement is
related to the paperwork requirement under existing § 75.1103-8 with approved OMB
control #1219-0054. The operator would have to keep a record of the sensor calibrations
for one year. MSHA estimates that 479 mines with 8,451 carbon monoxide sensors
would be affected. In addition, each mine would need two pages per sensor to record
the calibration each year. MSHA estimates $2,535 in annual burden cost for mine
operators to record the calibration of sensors.
(8,451 carbon monoxide sensors x 2 pages x $0.15 per page) = $2,535
Summary of Burden Costs.
Proposed Part 14 provisions would have a burden cost of $95,381 in the first
year, $48,801 in the second year, and $31,795 in the third year after the rule is finalized.
In addition, proposed Part 75 provisions would have a burden cost of $11,943 in the
first year and $3,433 annually starting in year two.
Table 20: Burden Costs
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SECTION
14.4 (f)
14.5
14.10(b)
75.350(a)(2)
75.350(b)
75.350(b)(7)
75.350(b)(8)
75.370(a)(3)&(f)
75.371(yy)
75.380(f)(1)
75.381(e)
75.1103-5
75.1103-5(a)(2)(ii)
75.1103-8(b)
75.1103-8(c)
TOTAL BURDEN COST

COST
$72,996
$22,385
$0
$504
$88
$23
$6
$983
$115
$995
$1,006
$4,790
$898
$2,535
$107,324

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.
MSHA anticipates that there would be no cost to the Federal government. Under
the proposal, the cost of using MSHA’s Approval and Certification Center to process
applications for approval of conveyor belt would be covered fully by applicant testing
and evaluation fees. MSHA currently processes conveyor belt applications under Part
18. When the rule becomes effective, MSHA will process these applications under Part
14, instead of Part 18.
15. Explain the reasons for any program changes or adjustments reporting in Items
13 or 14 of the OMB Form 83-I.
The proposed rule would establish new approval requirements for conveyor
belts under Part 14. The proposed rule would also establish additional information
collection requirements for underground coal mine operators under Part 75.
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Currently, conveyor belt applications are processed under Part 18 requirements
that are included in OMB control number 1219-0066.
Under the new requirements, there will be an additional burden of 624
Respondents, 135,206 Responses, 3,849 Hours, and $107,324 Cost. There is no cost to the
Federal Government.
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.
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.
There are no forms associated with this information collection; therefore, MSHA
is not seeking approval to 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
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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 frequently than annual) data collection cycles
to reduce burden.

3. Describe methods to maximize response rates and to deal with issues of nonresponse. 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.
As statistical analysis is not required by the regulation, questions 1 through 5 do
not apply.
Proposed Regulations
For the reasons set out in the preamble, and under the authority of the Federal
Mine Safety and Health Act of 1977 as amended by the Mine Improvement and New
Emergency Response Act of 2006, MSHA is proposing to amend chapter I of title 30 of
the Code of Federal Regulations as follows.
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For the reasons set out in the preamble, and under the authority of the Federal
Mine Safety and Health Act of 1977 as amended by the Mine Improvement and New
Emergency Response Act of 2006, MSHA is proposing to amend chapter I of title 30 of
the Code of Federal Regulations as follows.
Part 6 – Testing and Evaluation by Independent Laboratories and Non-MSHA Product
Safety Standards
1. The authority citation for part 6 continues to read as follows:
Authority: 30 U.S.C. 957.
2. Amend § 6.2 by revising the definition of “Equivalent non-MSHA product
safety standards” to read as follows:
§ 6.2 Definitions.
*****
Equivalent non-MSHA product safety standards. A non-MSHA product safety
standard, or group of standards, determined by MSHA to provide at least the same
degree of protection as the applicable MSHA product approval requirements in parts
14, 18, 19, 20, 22, 23 27, 33, 35, and 36, or which in modified form provide at least the
same degree of protection.
*****
3. Amend § 6.20 to revise paragraph (a)(1) to read as follows:
§ 6.20 MSHA acceptance of equivalent non-MSHA product safety standards.
(a) * * *
(1) Provide at least the same degree of protection as MSHA’s product approval
requirements in parts 14, 18, 19, 20, 33, 35 and 36 of this chapter; or
*****
4. Add new part 14 to subchapter B chapter I, title 30 of Code of Federal
Regulations to read as follows:
PART 14--REQUIREMENTS FOR THE APPROVAL OF FLAME-RESISTANT
CONVEYOR BELTS
Subpart A--General Provisions
Sec.
14.1 Purpose and effective date for approval holders.
14.2 Definitions.
14.3 Observers at tests and evaluations.
14.4 Application procedures and requirements.
14.5 Test samples.
14.6 Issuance of approval.
14.7 Approval marking and distribution records.
14.8 Quality assurance.
14.9 Disclosure of information.
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14.10 Post-approval product audit.
14.11 Revocation.
Subpart B--Technical Requirements
14.20 Flame resistance.
14.21 Laboratory-scale flame test apparatus.
14.22 Test for flame resistance of conveyor belts.
14.23 New technology.
Authority: 30 U.S.C. 957.
§ 14.1 Purpose and effective date for approval holders.
This part establishes the flame resistance requirements for MSHA approval of
conveyor belts for use in underground coal mines. Applications for approval or
extension of approval submitted after [Insert date XXX days after the date of
publication in the FEDERAL REGISTER] must meet the requirements of this Part.
§ 14.2 Definitions.
The following definitions apply in this part:
Applicant. An individual or organization that manufactures or controls the
production of a conveyor belt and applies to MSHA for approval of conveyor belt for
use in underground coal mines.
Approval. A document issued by MSHA which states that a conveyor belt has
met the requirements of this part and which authorizes an approval marking
identifying the conveyor belt as approved.
Extension of approval. A document issued by MSHA which states that a change
to a product previously approved by MSHA under this part meets the requirements of
this part and which authorizes the continued use of the approval marking after the
appropriate extension number has been added.
Flame-retardant ingredient. A material that inhibits ignition or flame
propagation.
Flammable ingredient. A material that is capable of combustion.
Inert ingredient. A material that does not contribute to combustion.
Post-approval product audit. An examination, testing, or both, by MSHA of an
approved conveyor belt selected by MSHA to determine if it meets the technical
requirements and has been manufactured as approved.
Similar conveyor belt. A conveyor belt that shares the same cover compound,
general carcass construction, and fabric type as another approved conveyor belt.
§ 14.3 Observers at tests and evaluations.
Only MSHA personnel, representatives of the applicant, and other persons
agreed upon by MSHA and the applicant may be present during tests and evaluations
conducted under this part.
§ 14.4 Application procedures and requirements.
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(a) Application address. Applications for approvals or extensions of approval
under this Part may be sent to: U.S. Department of Labor, Mine Safety and Health
Administration, Chief, Approval and Certification Center, P.O. Box 251, Industrial Park
Road, Triadelphia, West Virginia 26059. Alternatively, applications for approval or
extensions of approval may be filed online at www.msha.gov or faxed to: Chief, Mine
Safety and Health Administration Approval and Certification Center at 304-547-2044.
(b) Approval application. Each application for approval of a conveyor belt for
use in underground coal mines must include the information below, except any
information submitted in a prior approval application need not be re-submitted, but
must be noted in the application.
(1) A technical description of the conveyor belt which includes:
(i) Trade name or identification number;
(ii) Cover compound type and designation number;
(iii) Belt thickness and thickness of top and bottom covers;
(iv) Presence and type of skim coat;
(v) Presence and type of friction coat;
(vi) Carcass construction (number of plies, solid woven);
(vii) Carcass fabric by textile type and weight (ounce per square yard);
(viii) Presence and type of breaker or floated ply; and
(ix) The number, type, and size of cords and fabric for metal cord belts.
(2) Formulation information on the compounds in the conveyor belt indicated by
either:
(i) Specifying each ingredient by its chemical name along with its percentage
(weight) and tolerance or percentage range; or
(ii) Specifying each flame-retardant ingredient by its chemical or generic name
with its percentage and tolerance or percentage range or its minimum percent. List
each flammable ingredient by chemical, generic, or trade name along with the total
percentage of all flammable ingredients. List each inert ingredient by chemical, generic,
or trade name along with the total percentage of all inert ingredients.
(3) The name, address, and telephone number of the applicant's representative
responsible for answering any questions regarding the application.
(4) Identification of any similar conveyor belt for which the applicant already
holds an approval.
(i) The MSHA assigned approval number of the conveyor belt which most
closely resembles the new one; and
(ii) An explanation of any changes from the existing approval.
(c) Extension of approval. Any change in an approved conveyor belt from the
documentation on file at MSHA that affects the technical requirements of this part must
be submitted for approval prior to implementing the change. Each application for an
extension of approval must include:
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(1) The MSHA-assigned approval number for the conveyor belt for which the
extension is sought;
(2) A description of the proposed change to the conveyor belt; and
(3) The name, address, and telephone number of the applicant's representative
responsible for answering any questions regarding the application.
(d) MSHA will determine if testing, additional information, samples, or material
is required to evaluate an application. If the applicant believes that flame testing is not
required, a statement explaining the rationale must be included in the application.
(e) Equivalent non-MSHA product safety standard. An applicant may request
an equivalency determination to this part under § 6.20 of this chapter, for a non-MSHA
product safety standard.
(f) Fees. Fees calculated in accordance with part 5 of this chapter must be
submitted in accordance with § 5.40.

§ 14.5 Test samples.
Upon request by MSHA, the applicant must submit 3 precut, unrolled, flat
conveyor belt samples for flame testing. Each sample must be 60 + 1/4 inches long
(152.4 + 0.6 cm) by 9 + 1/8 inches (22.9 + 0.3 cm) wide.
§ 14.6 Issuance of approval.
(a) MSHA will issue an approval or notice of the reasons for denying approval
after completing the evaluation and testing provided in this part.
(b) An applicant must not advertise or otherwise represent a conveyor belt as
approved until MSHA has issued an approval.
§ 14.7 Approval marking and distribution records.
(a) An approved conveyor belt must be marketed only under the name specified
in the approval.
(b) Approved conveyor belt must be legibly and permanently marked with the
assigned MSHA approval number for the service life of the product. The approval
marking must be at least 1/2 inch (1.27 cm) high, placed at intervals not to exceed 60
feet (18.3 m) and repeated at least once every foot (0.3 m) across the width of the belt.
(c) Where the construction of a conveyor belt does not permit marking as
prescribed above, other permanent marking may be accepted by MSHA.
(d) Applicants granted approval must maintain records of the initial sale of each
belt having an approval marking. The records must be retained for at least 5 years
following the initial sale.
§ 14.8 Quality assurance.
Applicants granted an approval or an extension of approval under this part
must:
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(a)(1) Flame test a sample of each batch, lot, or slab of conveyor belts; or (2)
Flame test or inspect a sample of each batch or lot of the materials that contribute to the
flame-resistance characteristic. This will assure that the finished conveyor belt slab will
meet the flame-resistance test.
(b) Calibrate instruments used for the inspection and testing in paragraph (a) of
this section according to the instrument manufacturer's specifications. Instruments
must be calibrated using standards set by the National Institute of Standards and
Technology, U. S. Department of Commerce or other nationally or internationally
recognized standards. The instruments used must be accurate to at least one significant
figure beyond the desired accuracy.
(c) Control production so that the conveyor belt is manufactured in accordance
with the approval document. If a third party is assembling or manufacturing all or part
of an approved belt, the approval holder shall assure that the product is manufactured
as approved.
(d) Immediately notify the MSHA Approval and Certification Center of any
information that a conveyor belt has distributed that does not meet the specifications of
the approval. This notification must include a description of the nature and extent of the
problem, the locations where the conveyor belt has been distributed, and the approval
holder's plans for corrective action.
§ 14.9 Disclosure of information.
(a) All proprietary information concerning product specifications and
performance submitted to MSHA by the applicant will be protected.
(b) MSHA will notify the applicant or approval holder of requests for disclosure
of information concerning its conveyor belts, and provide an opportunity to present its
position prior to any decision on disclosure.
§ 14.10 Post-approval product audit.
(a) Approved conveyor belts will be subject to periodic audits by MSHA to
determine conformity with the technical requirements upon which the approval was
based. MSHA will select an approved conveyor belt to be audited; the selected belt will
be representative of that distributed for use in mines. Upon request to MSHA, the
approval-holder may obtain any final report resulting from the audit.
(b) No more than once a year, except for cause, the approval-holder, at MSHA's
request, must make 3 samples of an approved conveyor belt of the size specified in §
14.5 available at no cost to MSHA for an audit. If a product is not available because it is
not currently in production, the manufacturer will notify MSHA when it is available.
The approval-holder may observe any tests conducted during the audit.
(c) A conveyor belt will be subject to audit for cause at any time MSHA believes
the approval holder product is not in compliance with the technical requirements of the
approval.
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§ 14.11 Revocation.
(a) MSHA may revoke for cause an approval issued under this part if the
conveyor belt-(1) Fails to meet the technical requirements; or
(2) Creates a hazard when used in a mine.
(b) Prior to revoking an approval, the approval-holder will be informed in
writing of MSHA's intention to revoke. The notice will-(1) Explain the reasons for the proposed revocation; and
(2) Provide the approval-holder an opportunity to demonstrate or achieve
compliance with the product approval requirements.
(c) Upon request to MSHA, the approval-holder will be given the opportunity
for a hearing.
(d) If a conveyor belt poses an imminent hazard to the safety or health of miners,
an approval may be immediately suspended without written notice of the Agency's
intention to revoke. The suspension may continue until the revocation proceedings are
completed.
Subpart B--Technical Requirements
§ 14.20 Flame resistance.
Conveyor belts for use in underground coal mines must be flame-resistant and:
(a) Tested in accordance with § 14.22 of this part; or
(b)
Tested in accordance with an alternate test determined by MSHA to be
equivalent under 30 CFR §§ 6.20 and 14.4(e).
§ 14.21 Laboratory-scale flame test apparatus.
The principal parts of the apparatus used to test for flame resistance of conveyor
belts are as follows-(a) A horizontal test chamber 66 inches (167.6 cm) long by 18 inches (45.7 cm)
square (inside dimensions) constructed from 1 inch (2.5 cm) thick Marinite I®, or
equivalent insulating material.
(b) A 16-gauge (0.16 cm) stainless steel duct section which tapers over a length of
at least 24 inches (61 cm) from a 20 inch (51 cm) square cross-sectional area at the test
chamber connection to a 12 inch (30.5 cm) diameter exhaust duct, or equivalent. The
interior surface of the tapered duct section must be lined with 1/2 inch (1.27 cm) thick
ceramic blanket insulation, or equivalent insulating material. The tapered duct must be
tightly connected to the test chamber.
(c) A U-shaped gas-fueled impinged jet burner ignition source, measuring 12
inches (30.5 cm) long and 4 inches (10.2 cm) wide, with two parallel rows of 6 jets each.
Each jet is spaced alternately along the U-shaped burner tube. The 2 rows of jets are
slanted so that they point toward each other and the flame from each jet impinges upon
each other in pairs. The burner fuel must be at least 98 percent methane (technical
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grade) or natural gas containing at least 96 percent combustible gases, which includes
not less than 93 percent methane.
(d) A removable steel rack, consisting of 2 parallel rails and supports that form a
7 ± 1/8 inches (17.8 ± 0.3 cm) wide by 60 ± 1/8 inches (152.4 ± 0.3 cm) long assembly to
hold a belt sample.
(1) The 2 parallel rails, with a 5 ± 1/8 inches (12.7 ± 0.3 cm) space between them,
comprise the top of the rack. The rails and supports must be constructed of slotted
angle iron with holes along the top surface.
(2) The top surface of the rack must be 8 + 1/8 inches (20.3 + 0.3 cm) from the
inside roof of the test chamber.
§ 14.22 Test for flame resistance of conveyor belts.
(a) Test procedures. The test must be conducted in the following sequence using
a flame test apparatus meeting the specifications of § 14.21:
(1) Lay three samples of the belt, 60 + 1/4 inches
(152.4 + 0.6 cm) long by 9 + 1/8-inches (22.9 + 0.3 cm) wide, flat at a temperature of 70 +
10o Fahrenheit (21 + 5o Centigrade) for at least 24 hours prior to the test;
(2) For each of three tests, place one belt sample with the load-carrying surface
facing up on the rails of the rack so that the sample extends 1 + 1/8 inch (2.5 + 0.3 cm)
beyond the front of the rails and 1 ± 1/8 inch (2.5 ± 0.3 cm) from the outer lengthwise
edge of each rail;
(3) Fasten the sample to the rails of the rack with steel washers and cotter pins.
The cotter pins shall extend at least 3/4 inch (1.9 cm) below the rails. Equivalent
fasteners may be used. Make a series of 5 holes approximately 9/32 inch (0.7 cm) in
diameter along both edges of the belt sample, starting at the first rail hole within 2
inches (5.1 cm) from the front edge of the sample. Make the next hole 5 ± 1/4 inches
(12.7 ± 0.6 cm) from the first, the third hole 5 ± 1/4 inches (12.7 ± 0.6 cm) from the
second, the fourth hole approximately midway along the length of the sample, and the
fifth hole near the end of the sample. After placing a washer over each sample hole,
insert a cotter pin through the hole and spread it apart to secure the sample to the rail;
(4) Center the rack and sample in the test chamber with the front end of the
sample 6 + 1/2 inches (15.2 + 1.27 cm) from the entrance;
(5) Measure the airflow with a 4-inch (10.2 cm) diameter vane anemometer, or an
equivalent device, placed on the centerline of the belt sample 12 ± 1/2 inches (30.5 ±
1.27 cm) from the chamber entrance. Adjust the airflow passing through the chamber to
200 + 20 ft/min (61 + 6 m/min);
(6) Before starting the test on each sample, the inner surface temperature of the
chamber roof measured at points 6 ± 1/2, 30 ± 1/2, and 60 ± 1/2 inches (15.2 ± 1.27, 76.2
± 1.27, and 152.4 ± 1.27 cm) from the front entrance of the chamber must not exceed 95o
Fahrenheit (35o Centigrade) at any of these points with the specified airflow passing
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through the chamber. The temperature of the air entering the chamber during the test
on each sample must not be less than 50o Fahrenheit (10o Centigrade);
(7) Center the burner in front of the sample's leading edge with the plane,
defined by the tips of the burner jets, 3/4 ± 1/8 inch (1.9 ± 0.3 cm) from the front edge of
the belt;
(8) With the burner lowered away from the sample, set the gas flow at 1.2 + 0.1
standard cubic feet per minute (SCFM) (34 + 2.8 liters per minute) and then ignite the
gas burner. Maintain the gas flow to the burner throughout the 5 to 5.1 minute ignition
period;
(9) After applying the burner flame to the front edge of the sample for a 5 to 5.1
minute ignition period, lower the burner away from the sample and extinguish the
burner flame;
(10) After completion of each test, determine the undamaged portion across the
entire width of the sample. Blistering without charring does not constitute damage.
(b) Acceptable performance. Each tested sample must exhibit an undamaged
portion across its entire width.
(c) MSHA may modify the procedures of the flammability test for belts
constructed of thicknesses more than 3/4 inch (1.9 cm).
§ 14.23 New technology.
MSHA may approve a conveyor belt that incorporates technology for which the
requirements of this Part are not applicable if the Agency determines that the conveyor
belt is as safe as those which meet the requirements of this part.
PART 18- ELECTRIC MOTOR-DRIVEN MINE EQUIPMENT AND ACCESSORIES
5. The authority citation for part 18 continues to read as follows:
Authority: 30 U.S.C. 957, 961.
§ 18.1 [Amended]
6. Section 18.1 is amended by revising the phrase "hoses and conveyor belts” to
read “hoses”.
§ 18.2 [Amended]
7. Section 18.2 is amended by revising the phrase "hose or conveyor belt" to read
“hose” in the definitions of "Acceptance", "Acceptance Marking", and "Applicant" and
removing the definition for "Fire-resistant".
§ 18.6 [Amended]
8. Section 18.6(a) is amended by revising the phrase “hose or conveyor belt" to
read “hose”.
9. Section 18.6(c) is removed and reserved.
10. Section 18.6(i) is amended by revising the phrase "hose or conveyor belt" to
read “hose” and removing the words "conveyor belt - a sample of each type 8 inches
long cut across the entire width of the belt".
§ 18.9 [Amended]
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11. Section 18.9(a) is amended by revising the phrase "hose or conveyor belt” to
read “hose".
§ 18.65 [Amended]
12. Section 18.65 is amended by revising the phrase in the heading, “Flame test
of conveyor belting and hose” to read “Flame test of hose” and by removing and
reserving paragraph (a)(1) and removing and reserving paragraph (f)(1).
PART 48 – TRAINING AND RETRAINING OF MINERS
13. The authority citation for part 48 continues to read as follows:
Authority: 30 U.S.C. 811, 825.
Subpart B – Training and Retraining of Miners Working at Surface Mines and Surface
Areas of Underground Mines
14. Amend § 48.27 to revise the first sentence in paragraph (a) to read as follows:
§ 48.27 Training of miners assigned to a task in which they have had no previous
experience; minimum courses of instruction.
(a) Miners assigned to new work tasks as mobile equipment operators, drilling
machine operators, haulage and conveyor systems operators, ground control machine
operators, AMS operators, and those in blasting operations shall not perform new work
tasks in these categories until training prescribed in this paragraph and paragraph (b) of
this section has been completed.* * *
*****
PART 75 – MANDATORY SAFETY STANDARDS – UNDERGROUND COAL MINES
Subpart B – Qualified and Certified Persons
15. The authority citation for part 75 continues to read as follows:
Authority: 30 U.S.C. 811.
16. Section 75.156 is added to read as follows:
*****
§ 75.156 AMS operator, qualifications.
(a) To be qualified as an AMS operator, a person shall be provided with task
training on duties and responsibilities at each mine where an AMS operator is
employed in accordance with the mine operator’s approved Part 48 training plan.
(b) An AMS operator must be able to demonstrate to an authorized
representative of the Secretary that he/she is qualified to perform in the assigned
position.
*****
Subpart D – Ventilation
17. In § 75.323, paragraph (f) is added to read as follows:
§ 75.323 Actions for excessive methane.
*****
(f) Belt Entry. For mines using air from a belt entry to ventilate the working
section, changes or adjustments shall be made to reduce the concentration of methane
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when 0.5 percent or more methane is present in the belt entry as measured 200 feet
outby the section loading point.
18. In § 75.333, paragraph (c)(4) is added to read as follows:
§ 75.333 Ventilation controls.
*****
(c) * * *
(4) An airlock shall be established where the air pressure differential between air
courses creates a static force exceeding 125 pounds on closed personnel doors along
escapeways.
*****
19. In § 75.350, paragraphs (a)(2), (b) introductory text, (b)(3), and (d)(1) are
revised, and (b)(7), (b)(8), and (d)(7) are added to read as follows:
§ 75.350 Belt air course ventilation.
(a) * * *
(1) * * *
(2) Effective [insert date one year after date of publication of the final rule in the
Federal Register], unless otherwise approved by the District Manager in the mine
ventilation plan, the air velocity in the belt entry must be at least 50 feet per minute. Air
velocities must be compatible with all fire detection systems and fire suppression
systems used in the belt entry.
(b) The use of air from a belt air course to ventilate a working section or an area
where mechanized mining equipment is being installed or removed shall be permitted
only when evaluated and approved by the District Manager in the mine ventilation
plan. The mine operator must provide justification in the plan that the use of air from a
belt entry would afford at least the same measure of protection where belt haulage
entries are not used to ventilate working places. In addition, the following
requirements must be met:
(1) * * *
(2) * * *
(3)(i) The average concentration of respirable dust in the belt air course, when
used as a section intake air course, must be maintained at or below 1.0 mg/m3.
(ii) Where miners on the working section are on a reduced standard below 1.0
3
mg/m , the average concentration of respirable dust in the belt entry must be at or
below the lowest applicable respirable dust standard on that section.
(iii) A permanent designated area (DA) for dust measurements must be
established at a point no greater than 50 feet upwind from the section loading point in
the belt entry when the belt air flows over the loading point or no greater than 50 feet
upwind from the point where belt air is mixed with air from another intake air course
near the loading point. The DA must be specified and approved in the ventilation plan.
(4) * * *
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(5) * * *
(6) * * *
(7) The air velocity in the belt entry must be at least 100 feet per minute. When
requested by the mine operator, the District Manager may approve lower velocities in
the ventilation plan based on specific mine conditions.
(8) The air velocity in the belt entry must not exceed 1,000 feet per minute. When
requested by the mine operator, the District Manager may approve higher velocities in
the ventilation plan based on specific mine conditions.
*****
(d)* * *
(1) The air current that will pass through the point-feed regulator must be
monitored for carbon monoxide or smoke at a point within 50 feet upwind of the pointfeed regulator. A second point must be monitored 1,000 feet upwind of the point-feed
regulator unless the mine operator requests a lesser distance be approved by the District
Manager in the mine ventilation plan based on mine specific conditions;
*****
(7) Where point-feeding air from a primary escapeway to a belt entry designated
as an alternate escapeway, point-feed regulators must be equipped with a means to
remotely close the regulator or remotely isolate the two escapeways. The AMS
operator, from the designated surface location, must be capable of remotely closing the
regulator or isolating the escapeways.
20. Paragraph (b)(2), (e), and (q) of § 75.351 are revised to read as follows:
§ 75.351 Atmospheric monitoring systems
*****
(b) * * *
(2) The mine operator must designate an AMS operator to monitor and promptly
respond to all AMS signals. The AMS operator must have as a primary duty the
responsibility to monitor the malfunction, alert and alarm signals of the AMS, and to
notify appropriate personnel of these signals.
*****
(e) Location of sensors—belt air course.
(1) In addition to the requirements of paragraph (d) of this section, any AMS
used to monitor belt air courses under §75.350(b) must have approved sensors to
monitor for carbon monoxide at the following locations:
(i) At or near the working section belt tailpiece in the air stream ventilating the
belt entry. In longwall mining systems the sensor must be located upwind in the belt
entry at a distance no greater than 150 feet from the mixing point where intake air is
mixed with the belt air at or near the tailpiece;
(ii) No more than 50 feet upwind from the point where the belt air course is
combined with another air course or splits into multiple air courses;
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(iii) At intervals not to exceed 1,000 feet along each belt entry. However, in areas
along each belt entry where air velocities are between 50 and 100 feet per minute,
spacing of sensors must not exceed 500 feet. In areas along each belt entry where air
velocities are less than 50 feet per minute, the sensor spacing must not exceed 350 feet;
(iv) Not more than 100 feet downwind of each belt drive unit, each tailpiece
transfer point, and each belt take-up. If the belt drive, tailpiece, and/or take-up for a
single transfer point are installed together in the same air course, and the distance
between the units is less than 100 feet, they may be monitored with one sensor
downwind of the last component. If the distance between the units exceeds 100 feet,
additional sensors are required downwind of each belt drive unit, each tailpiece transfer
point, and each belt take-up; and
(v) At other locations in any entry that is part of the belt air course as required
and specified in the mine ventilation plan.
(2) Smoke sensors must be installed to monitor the belt entry under §75.350(b) at
the following locations:
(i) At or near the working section belt tailpiece in the air stream ventilating the
belt entry. In longwall mining systems the sensor must be located upwind in the belt
entry at a distance no greater than 150 feet from the mixing point where intake air is
mixed with the belt air at or near the tailpiece;
(ii) Not more than 100 feet downwind of each belt drive unit, each tailpiece
transfer point, and each belt take-up. If the belt drive, tailpiece, and/or take-up for a
single transfer point are installed together in the same air course, and the distance
between the units is less than 100 feet, they may be monitored with one sensor
downwind of the last component. If the distance between the units exceeds 100 feet,
additional sensors are required downwind of each belt drive unit, each tailpiece transfer
point, and each belt take-up; and
(iii) At intervals not to exceed 3,000 feet along each belt entry.
(iv) This provision shall be effective one year after the Secretary has determined
that a smoke sensor is available to reliably detect fire in underground coal mines.
*****
(q) Training.
(1) All AMS operators must be trained annually in the proper operation of the
AMS. This training must include the following subjects:
(i) Familiarity with underground mining systems;
(ii) Basic atmospheric monitoring system requirements;
(iii) The mine emergency evacuation and firefighting program of instruction;
(iv) The mine ventilation system including planned air directions;
(v) Appropriate response to alert, alarm and malfunction signals;
(vi) Use of mine communication systems including emergency notification procedures;
and
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(vii) AMS recordkeeping requirements.
(2) At least once every six months, all AMS operators must travel to all working
sections.
(3) A record of the content of training, the person conducting the training, and
the date the training was conducted, must be maintained at the mine for at least two
years by the mine operator.
*****
21. Section 75.352 is amended by revising paragraph (f) and by adding paragraph
(g) to read as follows:
§ 75.352 Actions in response to AMS malfunction, alert, or alarm signals.
*****
(f) If the minimum air velocity is not maintained when required under
§ 75.350(b)(7), immediate action must be taken to return the ventilation system to
proper operation. While the ventilation system is being corrected, operation of the belt
may continue only while a trained person(s) patrols and continuously monitors for
carbon monoxide or smoke as set forth in §§ 75.352(e)(3) through (7), so that the affected
areas will be traveled each hour in their entirety.
(g) The AMS shall automatically provide both a visual and audible signal in the
belt entry at the point-feed regulator location, at affected sections, and at the designated
surface location when carbon monoxide concentrations reach:
(1) The alert level at both point-feed intake monitoring sensors; or
(2) The alarm level at either point-feed intake monitoring sensor.
22. Section 75.371 is amended by revising paragraphs (jj), (mm), (nn), and by
adding paragraphs (yy) and (zz) to read as follows:
§ 75.371 Mine ventilation plan; contents.
*****
(jj) The locations and approved velocities at those locations where air velocities in
the belt entry are above or below the limits set forth in §75.350(a)(2) or §§75.350(b)(7)
and 75.350(b)(8).
*****
(mm) The location of any diesel-discriminating, and additional carbon monoxide
or smoke sensors installed in the belt air course.
(nn) The length of the time delay or any other method used to reduce the number
of non-fire related alert and alarm signals from carbon monoxide sensors.
*****
(yy) The locations where airlock doors are installed between air courses.
(zz) The locations where the pressure differential cannot be maintained from the
primary escapeway to the belt entry.
23. Section 75.380 is amended by revising paragraphs (d)(7)(v) and (vi) and (f)(1)
and adding (d)(7)(vii), (viii) and (ix) to read as follows:
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§ 75.380 Escapeways; bituminous and lignite mines.
*****
(d) * * *
*****
(7) * * *
*****
(v) Equipped with one directional indicator cone, signifying the route of escape,
placed at intervals not exceeding 100 feet. Cones shall be installed so that the tapered
section points inby;
(vi) Securely attached to and marked to provide tactile feedback indicating the
location of any SCSR storage locations in the escapeways. The tactile feedback for SCSR
storage locations shall be six back-to-back directional cones;
(vii) Marked to provide tactile feedback distinguishable from other markings to
indicate the location of readily accessible personnel doors installed in adjacent crosscuts
connecting escapeways. The tactile feedback for personnel doors shall be four back-toback directional cones;
(viii) Marked to provide tactile feedback distinguishable from other markings to
indicate the location of physical impediments in the escapeway. The tactile feedback for
physical impediments shall be two back-to-back directional cones; and
(ix) Marked to provide tactile feedback distinguishable from other markings to
indicate the location of refuge alternatives. The tactile feedback for a refuge alternative
location shall be a two-foot length of rigid spiraled coil (cork-screw style). Another line
must be attached from the lifeline to the refuge alternative.
*****
(f) Primary escapeway. (1) One escapeway that is ventilated with intake air shall
be designated as the primary escapeway. The primary escapeway shall have a higher
ventilation pressure than the belt entry unless the mine operator submits an alternative
in the mine ventilation plan to protect the integrity of the primary escapeway, based on
mine specific conditions, which is approved by the District Manager.
*****
24. Section 75.381 is amended by revising paragraphs (c)(5)(v) and (vi) and (e),
and adding (c)(5)(vii), (viii) and (ix) to read as follows:
§ 75.381 Escapeways; anthracite mines.
*****
(c) * * *
*****
(5) * * *
*****

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(v) Equipped with one directional indicator cone, signifying the route of escape,
placed at intervals not exceeding 100 feet. Cones shall be installed so that the tapered
section points inby;
(vi) Securely attached to and marked to provide tactile feedback indicating the
location of any SCSR storage locations in the escapeways. The tactile feedback for SCSR
storage locations shall be six back-to-back directional cones;
(vii) Marked to provide tactile feedback distinguishable from other markings to
indicate the location of readily accessible personnel doors installed in adjacent crosscuts
connecting escapeways. The tactile feedback for personnel doors shall be four back-toback directional cones;
(viii) Marked to provide tactile feedback distinguishable from other markings to
indicate the location of physical impediments in the escapeway. The tactile feedback for
physical impediments shall be two back-to-back directional cones; and
(ix) Marked to provide tactile feedback distinguishable from other markings to
indicate the location of refuge alternatives. The tactile feedback for a refuge alternative
location shall be a two-foot length of rigid spiraled coil (cork-screw style). Another line
must be attached from the lifeline to the refuge alternative.
*****
(e) Primary escapeway. One escapeway that shall be ventilated with intake air
shall be designated as the primary escapeway. The primary escapeway shall have a
higher ventilation pressure than the belt entry unless the mine operator submits an
alternative in the mine ventilation plan to protect the integrity of the primary
escapeway, based on mine specific conditions, which is approved by the District
Manager.
*****
Subpart L – Fire Protection
25. Section 75.1103-4 is amended by revising paragraphs (a) and (b) to read as
follows:
§ 75.1103-4 Automatic fire sensor and warning device systems; installation; minimum
requirements.
(a) Effective [insert date one year after date of publication of the final rule in the
Federal Register], automatic fire sensor and warning device systems that use carbon
monoxide sensors shall provide identification of fire along all belt conveyors.
(1) Carbon monoxide sensors shall be installed at the following locations:
(i) Not more than 100 feet downwind of each belt drive unit, each tailpiece
transfer point, and each belt take-up. If the belt drive, tailpiece, and/or take-up for a
single transfer point are installed together in the same air course, and the distance
between the units is less than 100 feet, they may be monitored with one sensor
downwind of the last component. If the distance between the units exceeds 100 feet,
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additional sensors are required downwind of each belt drive unit, each tailpiece transfer
point, and each belt take-up;
(ii) Not more than 100 feet downwind of each section loading point;
(iii) Along the belt entry so that the spacing between sensors does not exceed
1,000 feet. Where air velocities are less than 50 feet per minute, spacing must not exceed
350 feet; and
(iv) No more than 50 feet upwind from the point where the belt air course is
combined with another air course or splits into multiple air courses.
(2) Where used, sensors responding to radiation, smoke, gases, or other
indications of fire, shall be spaced at regular intervals to provide protection equivalent
to carbon monoxide sensors, and installed within the time specified in paragraph (a)(3)
of this section.
(3) When the distance from the tailpiece at loading points to the first outby
sensor reaches the spacing requirements in § 75.1103-4(a)(1)(iii), an additional sensor
shall be installed and put in operation within 24 production shift hours. When sensors
of the kind described in paragraph (a)(2) of this section are used, such sensor shall be
installed and put in operation within 24 production shift hours after the equivalent
distance which has been established for the sensor from the tailpiece at loading points
to the first outby sensor is first reached.
(b) Automatic fire sensor and warning device systems shall be installed so as to
minimize the possibility of damage from roof falls and the moving belt and its load.
Sensors must be installed near the center in the upper third of the entry, in a manner
that does not expose personnel working on the system to unsafe conditions. Sensors
must not be located in abnormally high areas or in other locations where air flow
patterns do not permit products of combustion to be carried to the sensors.
*****
26. The section heading and paragraph (a) of § 75.1103-5 is revised and
paragraphs (d), (e), (f), (g) and (h) are added to read as follows:
§ 75.1103-5 Automatic fire warning devices; actions and response.
(a) When the carbon monoxide level reaches 10 parts per million above the
established ambient level at any sensor location, automatic fire sensor and warning
device systems shall upon activation provide an effective warning signal at the
following locations:
(1) At working sections and other work locations where miners may be
endangered from a fire in the belt entry.
(2) At a manned surface location where personnel have an assigned post of duty.
The manned surface location must have:
(i) A telephone or equivalent communication with all miners who may be
endangered and
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(ii) A map or schematic that shows the locations of sensors, and the intended air
flow direction at these locations. This map or schematic must be updated within 24
hours of any change in this information.
(3) The automatic fire sensor and warning device system shall be monitored for a
period of 4 hours after the belt is stopped, unless an examination for hot rollers and fire
is made as prescribed in §75.1103–4(e).
(b) * * *
(c) * * *
(d) When a malfunction or warning signal is received at the manned surface
location, the sensors that are activated must be identified and appropriate personnel
immediately notified.
(e) Upon notification of a malfunction or warning signal, appropriate personnel
must immediately initiate an investigation to determine the cause of the malfunction or
warning signal and take the required actions set forth in paragraph (f) of this section.
(f) If any sensor indicates a warning, the following actions must be taken unless
the mine operator determines that the signal does not present a hazard to miners:
(1) Appropriate personnel must notify miners in affected working sections, in
affected areas where mechanized mining equipment is being installed or removed, and
at other locations specified in the approved mine emergency evacuation and firefighting
program of instruction; and
(2) All miners in the affected areas, unless assigned emergency response duties,
must be immediately withdrawn to a safe location identified in the mine emergency
evacuation and firefighting program of instruction.
(g) If the warning signal will be activated during calibration of sensors, personnel
manning the surface location must be notified prior to and upon completion of
calibration. Miners on affected working sections, areas where mechanized mining
equipment is being installed or removed, or other areas designated in the approved
emergency evacuation and firefighting program of instruction must be notified at the
beginning and completion of calibration.
(h) If any fire detection component becomes inoperative, immediate action must
be taken to repair the component. While repairs are being made, operation of the belt
may continue if the following requirements are met:
(1) If one sensor becomes inoperative, a trained person must continuously
monitor for carbon monoxide at the inoperative sensor;
(2) If two or more adjacent sensors become inoperative, trained persons must
patrol and continuously monitor the affected areas for carbon monoxide so that they
will be traveled each hour in their entirety. Alternatively, a trained person must be
stationed at each inoperative sensor to monitor for carbon monoxide;

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(3) If the complete fire detection system becomes inoperative, trained persons
must patrol and continuously monitor the affected areas for carbon monoxide so that
they will be traveled each hour in their entirety;
(4) Trained persons who conduct monitoring under this section must have twoway voice communication capability, at intervals not to exceed 2,000 feet, and must
report carbon monoxide concentrations to the surface at intervals not to exceed one
hour;
(5) Trained persons who conduct monitoring under this section must
immediately report to the surface, any concentration of carbon monoxide that reaches
10 parts per million above the established ambient level, unless the mine operator
knows that the source of the carbon monoxide does not present a hazard to miners; and
(6) Handheld detectors used to monitor the belt entry under this section must
have a detection level equivalent to that of the system’s carbon monoxide sensors.
27. Section 75.1103-6 is revised to read as follows:
§ 75.1103-6 Automatic fire sensors; actuation of fire suppression systems.
Point-type heat sensors or automatic fire sensor and warning device systems
may be used to actuate deluge-type water systems, foam generator systems,
multipurpose dry-powder systems, or other equivalent automatic fire suppression
systems.
28. Section 75.1103-8 is revised to read as follows:
§ 75.1103-8 Automatic fire sensor and warning device systems; inspection and test
requirements.
(a) Automatic fire sensor and warning device systems shall be examined at least
once each shift when belts are operated as part of a production shift. A functional test
of the warning signals shall be made at least once every seven days. Inspection and
maintenance of such systems shall be by a qualified person.
(b) A record of the functional test conducted in accordance with paragraph (a) of
this section shall be maintained by the operator and kept for a period of one year.
(c) Sensors shall be calibrated at intervals not to exceed 31 days in accordance
with the manufacturer's calibration instructions. A record of the sensor calibrations
shall be maintained by the operator and kept for a period of one year.
29. Amend § 75.1108 to revise it to read as follows:
§ 75.1108 Approved conveyor belts.
(a)
Until (insert date one year after date of publication in the Federal Register)
conveyor belts shall be:
(1)
Approved under Part 14; or
(2)
Accepted under Part 18.65.
(b) Effective (insert date one year after date of publication in the Federal Register) all
conveyor belts purchased for use in underground coal mines shall be approved under
Part 14.
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30. Remove § 75.1108-1.
Subpart R - Miscellaneous
31. Section 75.1731 is added to read as follows:
§ 75.1731 Maintenance of belt conveyors and belt conveyor entries.
(a) Damaged rollers and other malfunctioning belt conveyor components must
be immediately repaired or replaced.
(b) Conveyor belts must be properly aligned to prevent the moving belt from
rubbing against the structure or components.
(c) Noncombustible materials shall not be allowed to accumulate in the belt
conveyor entry.
(d) Splicing of any approved conveyor belt must maintain flame-resistant
properties of the belt.

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