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Supporting Statement
30 C.F.R. Part 75 – Safety Requirements for the Use of Diesel-Powered Equipment in
Underground Coal Mines.
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.
The Mine Safety and Health Administration (MSHA) has established standards and
regulations for diesel-powered equipment in underground coal mines that will provide
coal miners who work on and around diesel-powered equipment with important
protections. The internal combustion engines that power diesel equipment expose
miners to fire and explosion hazards in the confined environment of an underground
coal mine, which contains combustible coal dust and highly explosive methane gas.
Operation of diesel equipment in underground coal mines also presents potential health
risks to miners from exposure to diesel exhaust emissions.
The regulations have various recordkeeping standards that address diesel fuel
specifications; identification markings of fuel safety cans; inspection and maintenance of
fire suppression systems; examinations and testing of diesel equipment; and the
training and qualification of persons to work on and maintain diesel equipment.
These records are directly associated with the maintenance and use of this diesel
equipment; the testing and maintenance of fire suppression systems on the equipment
and at fueling stations; the safe storage, transportation and use of diesel fuel; and,
exhaust gas sampling provisions to protect miners' health. The records are required to
document that essential testing and maintenance of the equipment is done regularly
and by qualified persons. Second, the safety requirements for diesel equipment include
many of the proven features required in existing standards for electric-powered mobile
equipment, such as cabs or canopies, methane monitors, brakes and lights. Third,
sampling of diesel exhaust emissions is required to protect miners from overexposure to
carbon monoxide and nitrogen dioxide contained in diesel exhaust.
Section 103(h) of the Federal Mine Safety and Health Act of 1977 (Mine Act) mandates
that mine operators keep any records and make any reports that are reasonably
necessary for MSHA to perform its duties under the Mine Act.
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Recordkeeping requirements are found in:
§ 75.1901(a) – Diesel fuel requirements;
§ 75.1904(b)(4)(i) – Underground diesel fuel tanks and safety cans;
§ 75.1906(d) – Transport of diesel fuel;
§§ 75.1911(i) and (j) – Fire suppression systems for diesel-powered equipment
and fuel transportation units;
§§ 75.1912(h) and (i) – Fire suppression systems for permanent underground
diesel fuel storage facilities;
§§ 75.1914(f)(1), (f)(2), (g), (h)(1), and (h)(2) – Maintenance of diesel-powered
equipment;
§§ 75.1915(a), (b)(5), (c), (c)(1), and (c)(2) – Training and qualification of persons
working on diesel-powered equipment.
2.
Indicate how, by whom, and for what purpose the information is to be used.
Except for new collections, indicate the actual use the agency has made of the
information received from the current collection.
The respondents are underground coal mine operators. The recordkeeping
requirements are necessary not only to assist MSHA in determining compliance, but
also to provide useful information to mine operators and miners' representatives about
the performance of diesel engines and any deterioration or defective condition needing
corrective action. For example, the manufacturer's paperwork requirements provide
important information about the exhaust output of a diesel engine and its ventilation
needs. This information is valuable when selecting engines and for monitoring their
performance in service. The regulation's paperwork requirements also help to identify
deteriorating engine performance that indicates the need for equipment repair or
maintenance, thus preventing overexposure of miners to the health hazards resulting
from diesel exhaust. Because a number of information-reporting provisions are
triggered when a defect is found on diesel-powered equipment, the information may
also be used by miners' representatives to verify that necessary repairs have been made.
Provisions in part 75 establish mandatory safety standards for diesel-powered
equipment for use in underground coal mines. These regulations also require routine
sampling of toxic exhaust gases in specified areas, require the use of low sulfur diesel
fuel to minimize exhaust emissions, and provide that diesel equipment maintenance
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must be performed by persons who have been adequately trained for the task. In
addition, these regulations include standards for storage, transportation and dispensing
diesel fuel, and for the installation and maintenance of fire suppression systems on
diesel equipment and in permanent underground fuel storage facilities.
The examinations associated with the requirements of these regulations must be
performed on a regular basis. Less frequent examinations would not ensure that
conditions requiring immediate attention would be promptly detected, such as
inadequate air quantities ventilating diesel-powered equipment or equipment defects
that create a hazard. Records of equipment examinations are required under the rule
only when defects are found.
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 information gathered is required to be recorded, maintained for the period
specified, and made accessible, upon request, to authorized representatives of the
Secretary of Labor and miners' representatives. This may be done in a traditional
manner by recording this information in a book or electronically by computer.
Recognizing that electronic storage and retrieval of information through computers is a
common business practice, MSHA encourages the use of electronically stored records,
provided they are secure and not susceptible to alteration, are able to capture the
information and signatures required, and are accessible to the authorized representative
of the Secretary and miners' representatives. "Secure" is intended to mean unalterable
or cannot be modified. MSHA considers electronic records meeting these criteria to be
practical and as reliable as traditional records.
4.
Describe efforts to identify duplication. Show specifically why any similar
information already available cannot be used or modified for use for the
purpose(s) described in Item 2 above.
MSHA knows of no other Federal or State reporting requirement that would duplicate
the reporting requirements contained in these regulations.
5.
If the collection of information impacts small businesses or other small
entities (Item 5 of OMB form 83-I), describe the methods used to minimize
burden.
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This information does not have a significant impact on small businesses or other small
entities.
6.
Describe the consequence to Federal program or policy activities if the
collection is not conducted or is conducted less frequently, as well as any
technical or legal obstacles to reducing burden.
The recordkeeping requirements contained in these regulations are the minimum
necessary to ensure the safe and healthful operation of diesel-powered equipment in
underground coal mines. The information requirements in these regulations not only
serve as a means of verifying compliance with the regulations, but also provide
important information to mine operators and miners' representatives about safety and
health conditions in miners' workplaces. Reduction of these recordkeeping
requirements would increase the likelihood that unsafe and unhealthy conditions
would go undetected and uncorrected in underground coal mines.
Less frequent data gathering would not provide the monitoring necessary to ensure that
dangerous conditions requiring immediate attention are identified and corrected.
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 statue or regulation, that is not supported by disclosure and
data security policies that are consistent with the pledge, or which
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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.
None of the labeling, training documents and records or testing and maintenance
records required by the diesel equipment standards meet or exceed the above limits.
8.
If applicable, provide a copy and identify the date and page number of
publication in the Federal Register of the agency's notice, required by 5 CFR
1320.8(d), soliciting comments on the information collection prior to
submission to OMB. Summarize public comments received in response to that
notice and describe actions taken by the agency in response to the comments.
Specifically address comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their
views on the availability of data, frequency of collection, the clarity of
instructions and recordkeeping, disclosure, or reporting format (if any), and on
the data elements to be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be
obtained or those who must compile records should occur at least once every 3
years -- even if the collection of information activity is the same as in prior
periods. There may be circumstances that may preclude consultation in a
specific situation. These circumstances should be explained.
MSHA published a 60-day preclearance Federal Register notice on October 31, 2008
(Volume 73, Number 212, Pages 64986-64987), soliciting public comments regarding
the extension of this information collection. No comments were received.
9.
Explain any decision to provide any payment or gift to respondents, other than
remuneration of contractors or grantees.
MSHA does not provide payments or gifts to respondents.
10.
Describe any assurance of confidentiality provided to respondents and the
basis for the assurance in statute, regulation, or agency policy.
All of the records required by the underground coal mine diesel equipment safety
standards are for training, testing, and maintenance activities and contain no
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proprietary or confidential information. In addition, all of the records are maintained at
the mine and are not submitted to MSHA. MSHA makes no assurance that the
information will remain confidential.
11.
Provide additional justification for any questions of a sensitive nature, such as
sexual behavior and attitudes, religious beliefs, and other matters that are
commonly considered private. This justification should include the reasons
why the agency considers the questions necessary, the specific uses to be made
of the information, the explanation to be given to persons from whom the
information is requested, and any steps to be taken to obtain their consent.
There are no questions of a sensitive nature.
12. Provide estimates of the hour burden of the collection of information.
•
Indicate the number of respondents, frequency of response, annual hour
burden, and an explanation of how this 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 the 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 costs to respondents for the hour burdens for
collection 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.
MSHA estimates that 213 respondents (164 large mines, 49 small mines) generate
approximately 180,244 responses annually, resulting in an annual hour burden of
approximately 42,826 hours. Calculations of the annual hour burden and the annual
and annualized costs associated with that burden are detailed in the following sections.
Each of the reporting burden hour estimates includes the time for reviewing
instructions, gathering and maintaining the necessary data, and completing the review
of the information collection. These estimates use 2007 average wage rates for coal
mine employees in the clerical classification earning $26.37 per hour, miner
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classification earning $33.70 per hour, and supervisory classification earning $85.14 per
hour. MSHA estimates, where contractor/specialized maintenance inspectors are
utilized for compliance, an appropriate hourly rate, adjusted for inflation, is $97.50 per
hour.
Section 75.1901(a) requires that upon request, the mine operator must provide to an
authorized representative of the Secretary evidence that the diesel fuel purchased for
use in diesel-powered equipment underground meets the requirements in
paragraph (a). The information requested in paragraph (a) is available on the purchase
order when the mine operator purchases diesel fuel. MSHA estimates that mine
operators purchase fuel once every two weeks. Further, MSHA estimates that half of all
large and small mines do not keep gas purchasing orders on file. Thus, this provision
affects approximately 82 large mines and 25 small mines. It is estimated to take 3
minutes (0.05 hours) to file the purchase order by a clerical person earning $26.37 per
hour.
Burden Hour Time to File Statement:
Mines
Weeks/ Year
Time to File (hrs)
Annual Hours
Large Mines
82
25
0.05
102.5
Small Mines
25
20
0.05
25
Total
127.5
Burden Hour Annual Costs Related to Filing Statement:
Annual Hours
127.5
Wages (per hour)
$
26.37
Annual Cost
$
3,362.18
Section 75.1904(b)(4)(i) requires that underground diesel fuel tank connections be
identified by conspicuous markings that specify the function. Large mines are
estimated to have 4 tanks each and small mines are estimated to have 2 tanks each.
About 656 tanks in large mines and 98 tanks in small mines require markings. It will
take 2 minutes (0.0333 hours) to mark the connections at a wage rate of $33.70 per hour.
The markings will last for 2 years, and thus time and costs are annualized at 0.5.
Burden Hour Time to Mark Connections:
Large Mines
Count of Tanks
656
Hours to mark connections
0.0333
Annualizing rate
0.5
Annual Hours
10.92
January 2009
7
Small Mines
98
0.0333
0.5
1.63
Total
12.55
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Burden Hour Annualized Costs Related to Time to Mark Connections:
Hourly Wage Rate
Total Hours
Annual Cost
$
$
33.70
12.55
422.94
Section 75.1906(d) requires that diesel fuel transportation unit tanks and safety cans be
conspicuously marked as containing diesel fuel. Large mines are estimated to have 4
tanks each and small mines are estimated to have 2 tanks each. Further, each piece of
mobile equipment is estimated to carry one safety can. About 5,003 tanks and safety
cans at large mines and 579 tanks and safety cans at small mines require marking. It
will take 2 minutes (0.0333 hours) to mark the tanks and safety cans at a wage rate of
$33.70 per hour. The markings will last for 2 years, and thus time and costs are
annualized at 0.5.
Burden Hour Time to Mark Tanks and Safety Cans:
Large Mines
Small Mines Total
Count of Tanks and Safety
5,003
579
Cans
Hours to mark connections
0.0333
0.0333
Annualizing rate
0.5
0.5
Annual Hours
83.30
9.64
92.94
Burden Hour Annualized Costs Related to Time to Mark Connections:
Hourly Wage Rate $
33.70
Total Hours
92.94
Annual Cost
$
3,132.08
Sections 75.1911(i) and (j) When inspecting certain diesel machines, a record is required
to be made for each fire suppression system inspection in which a defect was found.
The record must include the machine examined, defect found, and corrective action
taken. With respect to recordkeeping, of the inspections required by § 75.1911(i),
MSHA estimates that 10 percent of the inspections will disclose a defect. Each record,
including maintenance of the record, is estimated to take 5 minutes (0.0833 hours).
Weekly inspections are estimated to take 15 minutes (0.25 hours) by a person earning
$33.70 per hour; and manufacturer-recommended inspections are estimated to take 1
hour based upon a $97.50 per hour inspection rate.
Weekly Inspection Burden Hour:
Equipment Count
January 2009
Large Mines
4,812
8
Small Mines
493
Total
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Inspections/ Year
Inspections finding defects
Inspection Time (hrs)
Annual Inspection Hours
50
10%
0.25
6,015
40
10%
0.25
493
6,508
Weekly Inspection Recordkeeping Burden Hours:
Recordkeeping time for
defective equipment (hours)
0.08333
Inspections disclosing defects
26,032
Annual Recordkeeping Hours
2,169
Burden Hour Annual Costs Related to Weekly Inspections:
Weekly Inspection Hours
per year
6,508
Wages per hour (miner)
$
33.70
Annual Inspection Cost
$ 219,319.60
Weekly Inspection Recordkeeping Annual Burden Hours:
Annual Recordkeeping
Hours
2,169
Hourly Clerical Rate
$
26.37
Annual Recordkeeping
Cost
$
57,196.53
Manufacturer-Recommended Inspections Burden Hours
Large Mines
Small Mines
Pieces of Diesel Equipment
4,812
493
Inspections per Year
2
2
Hours per Inspection
1
1
Inspections finding defects
10%
10%
Annual Inspection Hours
962.4
98.6
Total
1,061
Manufacturer-Recommended Inspection Recordkeeping Burden Hours:
Record-keeping time for
0.08333
defective equipment (hours)
Inspections disclosing defects
1,061
Annual Recordkeeping Hours
88.4
Burden Hour Annual Costs Related to Inspection Burden Hour Time for ManufacturerRecommended Inspections:
Annual Inspection Hours
1,061
Hourly Wage Rate
$
97.50
Annual Inspection Cost
$ 103,447.50
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Annual Costs Related to Manufacturer-Recommended Inspection Recordkeeping
Burden Hours:
Annual Recordkeeping Hours
88.4
Clerical Rate (hourly)
$
26.37
Annual Recordkeeping Cost $ 2,331.11
Sections 75.1912(h) and (i) When inspecting permanent diesel fuel storage facilities
underground, a record is required for each fire suppression system in which a defect
was found. The record must include the facility examined, defect found, and corrective
action taken. MSHA estimates that 30% of all large mines (0.30 x 164 = 49) maintain
permanent underground diesel fuel storage facilities but only 5% of small mines
(0.05 x 49 = 2) maintain permanent underground diesel storage facilities. With respect
to recordkeeping for the inspections done in § 75.1912(h), MSHA estimates that 10% of
the inspections will disclose a defect. Each record, including maintenance of the record,
is estimated to take 5 minutes (0.0833 hrs). Weekly inspections are estimated to take 30
minutes (0.5 hours) by a person earning $33.70 per hour. Manufacturer-recommended
inspections are estimated to take 1 hour, twice yearly, with a $97.50 per hour inspection
rate.
Inspection Burden Hour Time For Weekly Inspections:
Large Mines
Storage Facilities
49
Inspections per Year
50
Portion of inspections
10%
disclosing defects
Hours per Inspection
0.5
Annual Inspection Hours
122.5
Weekly Inspection Recordkeeping Burden Hours:
Large Mines
Storage Facilities
49
Weeks per Year
50
Inspections finding defects
10%
Recordkeeping hours
0.08333
Annual Recordkeeping Hours
20.4
January 2009
10
Small Mines
2
40
10%
0.5
4
Small Mines
2
40
10%
0.08333
0.6
Total
126.5
Total
21
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Burden Hour Annual Costs Related to Inspection Burden Hour Time from Weekly
Inspections:
Annual Inspection Time
126.5
Hourly Wage Rate (Miner)
$
33.70
Annual Inspection Cost
$ 4,263.05
Burden Hour Annual Costs Related to Weekly Inspection Recordkeeping Burden
Hours:
Annual Hours
21
Hourly Wage Rate (Clerical)
$
26.37
Annual Recordkeeping Cost
$
553.77
Inspection Burden Hour Time for Manufacturer-Recommended Inspections:
Storage Facilities
51
Inspections per Year
2
Hours per Inspection
1
Annual Inspection Hours
102
Manufacturer-Recommended Inspection Recordkeeping Burden Hours:
Storage Facilities
51
Inspections per Year
2
Inspections finding defects
10%
Recordkeeping Hours
0.08333
Annual Recordkeeping Hours
0.85
Burden Hour Annual Costs Related to Inspection Burden Hour Time for ManufacturerRecommended Inspections:
Annual Inspection Hours
102
Hourly Wage Rate
$
97.50
Annual Inspection Cost
$9,945.00
Burden Hour Annual Costs Related to Manufacturer-Recommended Inspection
Recordkeeping Burden Hours:
Annual Recordkeeping Hours
0.85
Wage Rate
$
26.37
Annual Recordkeeping Cost
$
22.41
Sections 75.1914(f)(1), (f)(2), and (h) require that weekly examinations be performed on
diesel-powered equipment. Only the results of those examinations disclosing a defect
must be recorded. The record must include the machine examined, defect found, and
corrective action taken. MSHA estimates that it will take 2 hours to examine
permissible equipment, 30 minutes (0.5 hours) to examine non-permissible heavy-duty
equipment, and 15 minutes (0.25 hours) to examine non-permissible light-duty
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equipment. MSHA estimates that 25% of the time an examination will show a defect.
There are 5,305 pieces of existing permissible and non-permissible diesel-powered
equipment, of which 4,812 pieces are in large mines and 493 pieces are in small mines.
Of the 4,812 pieces in large mines, 412 pieces are permissible, 1,033 are non-permissible
heavy-duty pieces, and 3,367 are non-permissible light-duty pieces. Of the 493 pieces in
small mines, 35 pieces are permissible, 90 are non-permissible heavy-duty pieces, and
368 are non-permissible light-duty pieces. Exams are conducted once per workweek,
with 50 workweeks per year. Labor is valued at $33.70 per hour. MSHA estimates that
it takes 5 minutes (or 0.0833 hours) for each record, including maintenance of records as
required by paragraph (h).
Recordkeeping Burden Hours:
Permissible Pieces
Non-permissible Heavy Duty
Pieces
Non-permissible Light Duty
Pieces
Inspections per year
Inspections finding defects
Recordkeeping hours
Annual Recordkeeping Hours
Large Mines
412
Small Mines
35
1,033
90
3,367
50
25%
0.08333
5,012
368
40
25%
0.08333
411
Recordkeeping Burden Hour Annual Costs:
Annual Recordkeeping Hours
Hourly Wage Rate (Clerical)
$
Annual Recordkeeping Cost
$
TOTAL
5,423
5,423
26.37
143,004.51
Sections 75.1914(g) and (h) require mine operators to develop, in writing, standard
operating procedures for testing undiluted diesel exhaust emissions. To account for
new mines, which will require the development of these standard operating
procedures, an average life of 5 years for large mines and an average life for small
mines of 2 years is used to estimate that 13 large mines will start up annually and 23
small mines will open per year. It is estimated to take 2 hours of a supervisor's time
(valued at $ 85.14 per hour) to develop and maintain the testing procedures as required
by paragraphs (g) and (h). Written procedures are similar for diesel-powered
equipment that is of the same model, but will vary when the diesel machines are
different models. On average, there are about 8 different diesel machine models in
large mines and about 2 different models in small mines.
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Burden Hours for Program to Test Undiluted Diesel Exhaust Emissions
Large Mines
Small Mines
New Mines
15
12
Equipment Models
8
2
Hours to develop procedures
2
2
Annual Hours
240
48
Total
288
Burden Hour Annual Costs for Program to Test Undiluted Diesel Exhaust Emissions
Annual Hours
288
Hourly Wage Rate
$
85.14
Annual Cost
$ 24,520.32
Sections 75.1914(g)(5) and (h) require that records be kept of weekly exams and tests of
the undiluted exhaust emissions on certain pieces of diesel-powered equipment. This
test is done on 1,445 diesel machines in large mines (412 permissible and 1,033 heavyduty) and on 125 diesel machines in small mines (35 permissible and 90 heavy-duty).
For each piece of tested equipment, it takes 10 minutes (0.1667 hour) to set up and do
the test by a miner earning $33.70 per hour and 5 minutes (0.0833 hour) to make and
retain the record required by paragraphs (g)(5) and (h) by a clerical worker earning
$26.37 per hour.
Because of this provision, mines will need to purchase equipment. Equipment costs for
this provision appear in Item 13.
Exam Burden Hours:
Permissible Equipment
Heavy Duty Equipment
Exams/ Year
Hours per Exam
Annual Exam Hours
Large Mines
412
1,033
50
0.1667
12,044
Burden Hour Annual Costs for Exams:
Annual Exam Hours
Hourly Wage Rate
Annual Exam Cost
12,878
$
33.70
$ 433,988.60
Recordkeeping Burden Hours:
Pieces of Equipment
Exams/Year
Recordkeeping hours
Annual Recordkeeping Hours
January 2009
Large Mines
1,445
50
0.08333
6,021
13
Small Mines
35
90
40
0.1667
834
Small Mines
125
40
0.08333
417
Total
12,878
Total
6,438
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Burden Hour Annual Costs for Recordkeeping Burden Hours:
Annual Recordkeeping Hours
6,438
Hourly Wage Rate
$
26.37
Annual Recordkeeping Cost
$ 169,770.06
Section 75.1915(a) requires that training be provided to qualify persons to perform
maintenance, repairs, examinations, and tests on diesel-powered equipment. The
burden hours to develop such a training program are set forth under § 75.1915(b)(5).
Section 75.1915(a) concerns the burden hours related to the mine operator providing the
training. MSHA estimates that 5 hours of training is provided by an instructor on each
type of diesel-powered equipment in the mine. The supervisor's wage is $85.14 per
hour. MSHA determined that, on the average, there are 8 different kinds of dieselpowered equipment in a large mine and 2 kinds in a small mine. The training is
provided on an annual basis to account for miner turnover.
Burden Hours Related to Training:
No. of Mines
Training hours
Types of Diesel Machines
Annual Hours
Burden Hour Cost Related to Training:
Annual Hours
Hourly Wage Rate
Annual Cost
Large Mines
164
5
8
6,560
Small Mines
49
5
2
490
Total
7,050
7,050
$
85.14
$ 600,237.00
Sections 75.1915(b)(5) and (c) require that the mine operator develop an initial and
retraining program to qualify persons to perform maintenance, repairs, examinations,
and tests on diesel-powered equipment. Paragraph (c) sets forth requirements
concerning the records to be made and maintained. MSHA estimates that 13 new large
mines per year and 23 new small mines per year will begin operation and require the
development of a training program. It takes 16 hours in a large mine and 10 hours in a
small mine to develop and maintain the training program as required by paragraphs
(b)(5) and (c). The plan is developed by a supervisor earning $85.14 per hour.
Development of Training Plan Burden Hours after the First Year:
Large Mines
Small Mines
New Mines each Year
13
23
Hours for program
16
10
Annual Hours
208
230
January 2009
14
Total
438
1219-0119
Burden Hour Cost of Plan
Annual Hours
Hourly Wage Rate
Annual Cost
438
$
85.14
$ 37,291.32
Summary of Burden Hours
Total Responses
75.1901 - Proof of diesel fuel purchase
75.1904(b)(4)(i) - Marking of diesel fuel
tanks
75.1906(d) – Transport of diesel fuel
75.1911(i) - Diesel machine inspections –
weekly (fire suppression system)
75.1911(i) - Diesel machine inspections –
manufacturer-recommended (fire
suppression system)
75.1912(h) & (i) - Fire suppression system
– weekly (diesel fuel storage)
75.1912(h) & (i) - Fire suppression system
- manufacturer-recommended
(diesel fuel storage)
75.1914(f) - Weekly exams of diesel
equipment
75.1914(g) & (h) - Testing procedures
(exhaust)
75.1914(g)(5) - Records of weekly exams
(exhaust)
75.1915(a) - Training
75.1915(b)(5) - Re-training program
development
TOTALS
January 2009
2,550
15
Total
Hours
127.5
754
5,582
12.55
92.94
26,032
8,677
1,061
1,149.4
253
147.5
102
103
65,080
5,423
144
288
77,250
1,410
19,316
7,050
36
180,254
438
42,824.89
1219-0119
Summary of Hour Cost Burden
75.1901 - Proof of diesel fuel purchase
75.1904(b)(4)(i) - Marking of diesel fuel tanks
75.1906(d) – Transport of diesel fuel
75.1911(i) - Diesel machine inspections - weekly
75.1911(i) - Diesel machine inspections –
manufacturer
75.1912(h) & (i) - Fire suppression system - weekly
75.1912(h) & (i) - Fire suppression system –
manufacturer
75.1914(f) - Weekly exams of equipment
75.1914(g) & (h) - Emissions testing procedures
75.1914(g)(5) - Records of weekly exams
75.1915(a) - Training
75.1915(b)(5) - Re-training program development
TOTALS
13.
Total Hour Cost
$
3,362.18
$
467.76
$
3,132.09
$ 276,516.13
$ 105,778.61
$
4,816.82
$
9,967.41
$ 182,693.23
$ 24,520.32
$ 603,758.66
$ 600,237.00
$
37,291.32
$1,852,541.53
Provide an estimate of the total annual cost burden to respondents or record
keepers resulting from the collection of information. (Do not include the cost
of any hour burden shown in Items 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.
January 2009
16
1219-0119
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.
Section 75.1914(g)(5) and (h) To make records from weekly exams and tests of the
undiluted exhaust emissions required by § 75.1914(g)(5) and (h), mine operators will
need to purchase an instantaneous gas analyzer that costs about $2,000 per instrument.
All 164 large mines and 49 small mines are affected. The large mines have two
analyzers and the small mines require one unit (total of 377 units). The sampling
devices last 10 years, and costs are annualized at 0.142 (annualized cost of $284 each).
The devices are maintained and calibrated at a cost of $852 per year each.
Large Mines
Annualized Equipment Cost
Annual Calibration Cost
TOTAL Annual Cost
14.
$
$
$
93,152
279,456
372,608
Small Mines
$
$
$
13,916
41,748
55,664
TOTALS
$
$
$
107,068
321,204
428,272
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.
None of the records in this information collection review are submitted to MSHA for
review or approval. The records are examined during normal mandatory inspections
and do not significantly add to the time required to conduct those mandatory
inspections. Therefore, there is no cost to the Federal government (MSHA) directly
associated with these record keeping requirements.
15. Explain the reasons for any program changes or adjustments reported in
Items 13 or 14 of the OMB Form 83-I.
Respondents and Responses: The number of respondents increased from 181 to 213. The
increase is due to a greater number of mines using underground diesel-powered
equipment. In addition, this package now calculates the cost burden of the requirement
that diesel fuel tanks and safety cans be conspicuously marked. The increase in
January 2009
17
1219-0119
respondents and the inclusion of the marking requirement led directly to an increase of
32,687 responses (from 147,567 to 180,254).
Hours: There has been a decrease of 101,702 hours in the hour burden (from 144,527
hours to 42,825 hours). MSHA no longer includes the burden hours associated with
conducting the weekly examinations of diesel-powered equipment, only the
recordkeeping hours incurred when a defect is discovered during those examinations.
Costs: The cost burden increased by $78,272 (from $350,000 to $428,272), a direct result
of the increase in the number of underground coal mines using diesel-powered
equipment.
16.
For collections of information whose results are planned to 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.
The information collections required by this rule are not scheduled for publication.
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.
Not applicable.
18.
Explain each exception to the certification statement identified in Item 19,
"Certification for Paperwork Reduction Act Submissions," of OMB Form 83-I.
There are no certification exceptions identified with the information collection
requirements included in this rule.
January 2009
18
1219-0119
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
The agency should be prepared to justify its decision not to use statistical methods in
any case where such methods might reduce burden or improve accuracy of results.
When Item 17 on the Form OMB 83-I is checked “Yes”, the following documentation
should be included in the Supporting Statement to the extent that it applies to the
methods proposed:
1.
Describe (including a numerical estimate) the potential respondent universe
and any sampling or other respondent selection method to be used. Data on
the number of entities (e.g., establishments, State and local government units,
households, or persons) in the universe covered by the collection and in the
corresponding sample are to be provided in tabular form for the universe as a
whole and for each of the strata in the proposed sample. Indicate expected
response rates for the collection as a whole. If the collection had been
conducted previously, include the actual response rate achieved during the last
collection.
2.
Describe the procedures for the collection of information including:
•
Statistical methodology for stratification and sample selection,
•
Estimation procedure,
•
Degree of accuracy needed for the purpose described in the justification,
•
Unusual problems requiring specialized sampling procedures, and
•
Any use of periodic (less frequent than annual) data collection cycles to reduce
burden.
3.
Describe methods to maximize response rates and to deal with issues of 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.
January 2009
19
1219-0119
5.
Provide the name and telephone number of individuals consulted on
statistical aspects of the design and the name of the agency unit, contractor(s),
grantee(s), or other persons(s) who will actually collect and/or analyze the
information for the agency.
As statistical analysis is not required by the regulations, questions 1 through 5 do not
apply.
January 2009
20
1219-0119
Federal Mine Safety & Health Act of 1977,
Public Law 91-173,
as amended by Public Law 95-164
An Act
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled. That this Act may be cited as the "Federal Mine Safety and Health Act of
1977".
INSPECTIONS, INVESTIGATIONS, AND RECORDKEEPING
SEC. 103.
(h) In addition to such records as are specifically required by this Act, every operator of
a coal or other mine shall establish and maintain such records, make such reports, and
provide such information, as the Secretary or the Secretary of Health, Education, and
Welfare may reasonably require from time to time to enable him to perform his
functions under this Act. The Secretary or the Secretary of Health, Education, and
Welfare is authorized to compile, analyze, and publish, either in summary or detailed
form, such reports or information so obtained. Except to the extent otherwise
specifically provided by this Act, all records, information, reports, findings, citations,
notices, orders, or decisions required or issued pursuant to or under this Act may be
published from time to time, may be released to any interested person, and shall be
made available for public inspection.
January 2009
21
1219-0119
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.1901]
[Page 596]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF
LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES-Table of Contents
Subpart T: Diesel-Powered Equipment
Sec. 75.1901 Diesel fuel requirements.
(a)
Diesel-powered equipment shall be used underground only with a diesel
fuel having a sulfur content no greater than 0.05 percent and a flash point
of 100 [deg]F (38 [deg]C) or greater. Upon request, the mine operator shall
provide to an authorized representative of the Secretary evidence that the
diesel fuel purchased for use in diesel-powered equipment underground
meets these requirements.
January 2009
22
1219-0119
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.1904]
[Page 597-598]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF
LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES-Table of Contents
Subpart T: Diesel-Powered Equipment
Sec. 75.1904 Underground diesel fuel tanks and safety cans.
(b)
Underground diesel fuel tanks must be provided with-(4)
Liquid tight connections for all tank openings that are-(i)
Identified by conspicuous markings that specify the
function; and
(ii)
Closed when not in use.
January 2009
23
1219-0119
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.1911]
[Page 603-604]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF
LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES-Table of Contents
Subpart T: Diesel-Powered Equipment
Sec. 75.1911
Fire suppression systems for diesel-powered equipment and fuel
transportation units.
(i)
Each fire suppression system shall be tested and maintained in accordance
with the manufacturer's recommended inspection and maintenance
program and as required by the nationally recognized independent
testing laboratory listing or approval, and be visually inspected at least
once each week by a person trained to make such inspections.
(j)
Recordkeeping. Persons performing inspections and tests of fire
suppression systems under paragraph (i) shall record when a fire
suppression system does not meet the installation or maintenance
requirements of this section.
January 2009
24
1219-0119
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.1912]
[Page 604-605]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF
LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES-Table of Contents
Subpart T: Diesel-Powered Equipment
Sec. 75.1912
Fire suppression systems for permanent underground diesel fuel
storage facilities.
(h)
Each fire suppression system shall be tested and maintained in accordance
with the manufacturer's recommended inspection and maintenance
program and as required by the nationally recognized independent
testing laboratory listing or approval, and be visually inspected at least
once each week by a person trained to make such inspections.
(i)
Recordkeeping. Persons performing inspections and tests of fire
suppression systems under paragraph (h) shall record when a fire
suppression system does not meet the installation or maintenance
requirements of this section.
(1)
(2)
January 2009
The record shall include the facility whose fire suppression system
did not meet the installation or maintenance requirements of this
section, the defect found, and the corrective action taken.
Records are to be kept manually in a secure manner not susceptible
to alteration or recorded electronically in a secured computer
system that is not susceptible to alteration.
25
1219-0119
(3)
January 2009
Records shall be maintained at a surface location at the mine for
one year and made available for inspection by an authorized
representative of the Secretary and miners' representatives.
26
1219-0119
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.1914]
[Page 605-606]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF
LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES-Table of Contents
Subpart T: Diesel-Powered Equipment
Sec. 75.1914 Maintenance of diesel-powered equipment.
(f) All diesel-powered equipment shall be examined and tested weekly
by a person qualified under Sec. 75.1915.
(1) Examinations and tests shall be conducted in accordance with
approved checklists and manufacturers' maintenance manuals.
(2) Persons performing weekly examinations and tests of dieselpowered equipment under this paragraph shall make a record when
the equipment is not in approved or safe condition. The record shall
include the equipment that is not in approved or safe condition, the
defect found, and the corrective action taken.
(g)
Undiluted exhaust emissions of diesel engines in diesel-powered
equipment approved under part 36 and heavy-duty nonpermissible
diesel-powered equipment as defined in Sec. 75.1908(a) in use in
underground coal mines shall be tested and evaluated weekly by a person
who is trained to perform this task. The mine operator shall develop and
implement written standard operating procedures for such testing and
evaluation that specify the following:
(5)
The maintenance of records necessary to track engine performance.
January 2009
27
1219-0119
(h)
Recordkeeping. Records required by paragraphs (f)(2) and (g)(5) shall
be—
(1)
Recorded in a secure book that is not susceptible to alteration, or
recorded electronically in a computer system that is secure and not
susceptible to alteration; and
(2)
Retained at a surface location at the mine for at least 1 year and
made available for inspection by an authorized representative of
the Secretary and by miners' representatives.
January 2009
28
1219-0119
[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR75.1915]
[Page 606-607]
TITLE 30--MINERAL RESOURCES
CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF
LABOR
PART 75_MANDATORY SAFETY STANDARDS_UNDERGROUND COAL MINES-Table of Contents
Subpart T: Diesel-Powered Equipment
Sec. 75.1915 Training and qualification of persons working on diesel-powered
equipment.
(a)
To be qualified to perform maintenance, repairs, examinations and tests
on diesel-powered equipment, as required by Sec. 75.1914, a person must
successfully complete a training and qualification program that meets the
requirements of this section. A person qualified to perform these tasks
shall be retrained as necessary to maintain the ability to perform all
assigned diesel-powered equipment maintenance, repairs, examinations
and tests.
(b)
A training and qualification program under this section must:
(5)
Be in writing. The written program shall include a description of
the course content, materials, and teaching methods for initial
training and retraining.
(c)
Recordkeeping. The operator shall maintain a copy of the training and
qualification program required by this section and a record of the names
of all persons qualified under the program.
(1)
The record of the names of qualified persons shall be made in a
manner that is not susceptible to alteration, or recorded
electronically in a computer system that is secure and not
susceptible to alteration.
January 2009
29
1219-0119
(2)
January 2009
The training and qualification program and record of qualified
persons are to be kept at surface location of the mine and made
available for inspection by an authorized representative of the
Secretary and by miners' representatives.
30
| File Type | application/pdf |
| File Title | Supporting Statement |
| File Modified | 2009-02-06 |
| File Created | 2009-02-06 |