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Regulatory Impact and Regulatory Flexibility Analysis:
Final Rule 30 CFR Parts 7, 36, 70 and 75 (continued)

Section 75.1909(a)(6) requires that all hydraulic tanks, fillers, vents and lines on affected equipment be located so that any spillage or leaks will not contact hot surfaces. Of the 2,350 nonpermissible pieces, MSHA estimates that 90 percent (or 2,115 pieces) will need to either reroute lines or relocate tank filler vents in order to prevent spills from contacting hot surfaces. Of the 2,115 pieces, 2,093 pieces are in large mines and 22 pieces are in small mines. The cost for materials is estimated at $20 and will take 4 hours of labor. The initial compliance costs will be about $262,300, of which large mines will incur $259,550 [2,093 pieces x ($20 materials + (4 hrs. x $26 wage))] and small mines will incur $2,750 [22 pieces x ($20 materials + (4 hrs. x $26 wage))]. The initial costs were annualized over a 5 year period to be about $64,025, of which large mines will incur $63,350 [$259,550 x 0.244] and small mines will incur $675 [$2,750 x 0.244]. There are no annual compliance costs for this provision.

Section 75.1909(a)(7) requires reflectors or warning lights mounted on the equipment which can be readily seen in all directions. There are no compliance costs for this provision because the affected equipment already meets the requirements of this section.

Section 75.1909(a)(8) requires a means to direct exhaust gas away from the equipment operator and persons required to be on board the machine. Of the 2,350 nonpermissible pieces, MSHA estimates that 75 percent (or 1,763 pieces) will need to install piping which will redirect exhaust gas away from the equipment operator. Of the 1,763 pieces, 1,744 pieces are in large mines and 19 pieces are in small mines. The cost for materials and piping is estimated at $10 and will take 15 minutes (0.254 hours) of labor. The initial compliance costs will be about $29,100, of which large mines will incur $28,775 [1,744 pieces x ($10 piping + (0.25 hrs. x $26 wage))] and small mines will incur $325 [19 pieces x ($10 piping + (0.25 hrs. x $26 wage))]. The initial costs were annualized over a 5 year period to be about $7,125, of which large mines will incur $7,025 [$28,775 x 0.244] and small mines will incur $100 [$325 x 0.244]. There are no annual compliance costs for this provision.

Section 75.1909(a)(9) requires a means to prevent unintentional free and uncontrolled descent from personnel elevating work platforms. There are no compliance costs because equipment affected by this provision in underground coal mines meets the requirements of this provision.

Section 75.1909(a)(10) requires a means to prevent the spray from ruptured hydraulic or lubricating oil lines from being ignited by contact with engine exhaust system component surfaces. MSHA estimates that all 2,350 nonpermissible pieces will be affected by this provision. Of the 2,350 pieces, 2,325 pieces are in large mines and 25 pieces are in small mines. To prevent the above situation from occurring the mine operator could either use: a water cooled exhaust manifold, non-absorbing temperature insulating materials; partitions to isolate hydraulic components from the engine; or approved fire resistant hydraulic fluid. In some cases, this provision can be accomplished with a small amount of materials and labor costs, and in other cases more extensive cost modifications to the equipment would be required. This provision will affect self-propelled heavy and light duty equipment, and nonself-propelled equipment.

With respect to self-propelled heavy duty and nonself-propelled equipment, MSHA assumes that manufacturers will provide a kit that the mine operator can use to modify the machine in order to fulfill the requirements of this provision. Under this assumption, individual mines will not incur direct developmental costs. The manufacturer's developmental costs will be spread over the number of kits sold. This provision will affect 676 pieces of which 517 pieces are nonpermissible heavy duty equipment and 159 pieces are nonpermissible nonself-propelled equipment. Of the 676 pieces, 662 pieces are in large mines and 14 pieces are in small mines. On average, the equipment cost incurred by the operator to modify a nonpermissible heavy duty and nonself-propelled machine is estimated to be about $3,000. Labor time to make the required modifications is estimated at 8 hours at a rate of $26 per hour. The initial compliance costs will be about $2,168,625, of which large mines will incur $2,123,700 [662 pieces x ($3,000 + (8 hrs. x $26 wage))] and small mines will incur $44,925 [14 pieces x ($3,000 + (8 hrs. x $26 wage))]. The initial costs were annualized over a 10 year period to be about $307,975, of which large mines will incur $301,575 [$2,123,700 x 0.142] and small mines will incur $6,400 [$44,925 x 0.142].

With respect to nonpermissible light duty equipment, this provision will affect 1,674 pieces, of which 1,663 pieces are in large mines and 11 pieces are in small mines. MSHA estimates that modification costs for nonpermissible light duty equipment will be about 10 percent of the modification costs for nonpermissible heavy duty equipment (or $300). In addition, labor to make the required modifications on light duty equipment will take 4 hours. Further, mine operators will incur some developmental expense when making modifications to light duty equipment. A developmental expense is the cost associated with determining how to redesign the piece of light duty equipment in order to make the modifications required by the provision. Once developmental expenses have been incurred by determining how to make modifications to a specific model, then those modifications can be used on all equipment of that same model type. Thus, a developmental expense does not apply to every machine, but rather to each different type of model in the mine. Concerning nonpermissible light duty equipment, MSHA estimates that large mines will have 5 different model types and small mines will have 2 different model types. Developmental expenses are estimated at $600 per model type. Thus, the initial costs for making modifications and incurring developmental expenses for light duty equipment will be about $1,168,300, of which large mines will incur $1,145,850 [(1,663 pieces x ($300 + (8 hrs. x $26 wage))) + (158 mines x $600 x 5 models)] and small mines will incur $22,450 [(11 pieces x ($300 + (8 hrs. x $26 wage))) + (15 mines x $600 x 2 models)]. The initial costs were annualized over a 3 year period to be about $445,125, of which large mines will incur $436,575 [$1,145,850 x 0.381] and small mines will incur $8,550 [$22,450 x 0.381].

Section 75.1909(b)(1) requires a means that insures no stored hydraulic energy which will cause machine articulation is available after the engine is shutdown. An orifice device, which relieves stored hydraulic energy after the machine has been shutdown, will have to be purchased and installed on about 25 percent of heavy duty nonpermissible pieces of equipment. Thus, 129 pieces of the 517 nonpermissible heavy duty pieces of equipment are affected by this provision. Of the 129 pieces, about 126 pieces are in large mines and 3 pieces are in small mines. The orifice device costs about $50 and installation will take 30 minutes (0.5 hours). The initial compliance costs will be about $8,150, of which large mines will incur $7,950 [126 pieces x ($50 orifice + (0.5 hrs. x $26 wage))] and small mines will incur $200 [3 pieces x ($50 orifice + (0.5 hrs. x $26 wage))]. Since only heavy duty equipment is affected by this provision and such equipment has a longer life, the initial costs were annualized over a 10 year period to be about $1,175, of which large mines will incur $1,125 [$7,950 x 0.142] and small mines will incur $50 [$200 x 0.142]. There are no annual compliance costs for this provision.

Sections 75.1909(b)(2) and (b)(3) require a neutral start feature which insures that engine cranking torque will not be transmitted through the powertrain and cause machine movement on vehicles utilizing fluid power transmissions. Paragraph (b)(3) require that controls for machines with steering wheels and brake pedals and accelerator be of automatic orientation. Self-propelled diesel-powered equipment is equipped with the features noted above and thus, there are no compliance costs for these provisions.

Sections 75.1909(b)(4) and (b)(5) require an audible warning device conveniently located near the operator and lights provided and maintained on both ends of the equipment. Nonpermissible self-propelled diesel-powered equipment currently have the warning device and required lights, thus, there is no compliance cost for these sections.

Section 75.1909(b)(6) requires service brakes that act on each wheel of the vehicle and are designed such that failure of any single component, except the brake actuation pedal or other similar device, will not result in a complete loss of service braking capability. MSHA estimates that this provision will affect both permissible equipment and nonpermissible heavy duty equipment. There are 434 heavy duty permissible and nonpermissible pieces, of which 419 pieces are in large mines and 15 pieces are in small mines. Service brakes and related equipment cost about $6,000 and take 16 hours to install. Annual maintenance is estimated to be 10 percent of the original equipment price or $600. The initial compliance costs to install the brakes on heavy duty equipment will be about $2,784,550, of which large mines will incur $2,688,300 [419 pieces x ($6,000 brakes + (16 hrs. x $26 wage))] and small mines will incur $96,250 [15 pieces x ($6,000 brakes + (16 hrs. x $26 wage))]. Heavy duty equipment last longer than light duty equipment, thus, the initial costs were annualized over a 10 year period to be about $395,425, of which large mines will incur $381,750 [$2,688,300 x 0.142] and small mines will incur $13,675 [$96,250 x 0.142]. The total annual compliance costs for heavy duty equipment will be $260,400, of which large mines will incur $251,400 [419 pieces x ($6,000 x 0.10)] and small mines will incur $9,000 [15 pieces x ($6,000 x 0.10)].

In addition, of 1,674 nonpermissible light duty equipment about 15 percent (or 251 pieces) will need service brakes. Of the 251 pieces, 249 pieces are in large mines and 2 pieces are in small mines. The initial compliance costs to install the brakes on light duty equipment will be about $1,610,450, of which large mines will incur $1,597,600 [249 pieces x ($6,000 brakes + (16 hrs. x $26 wage))] and small mines will incur $12,850 [2 pieces x ($6,000 brakes + (16 hrs. x $26 wage))]. Light duty equipment does not last as long as heavy duty equipment, and thus, the initial costs were annualized over a 3 year period to be about $613,600, of which large mines will incur $608,700 [$1,597,600 x 0.381] and small mines will incur $4,900 [$12,850 x 0.381]. The total annual compliance costs for light duty equipment will be $150,600, of which large mines will incur $149,400 [249 pieces x ($6,000 x 0.10)] and small mines will incur $1,200 [2 pieces x ($6,000 x 0.10)]

Section 75.1909(b)(7) requires service brakes that safely bring the fully loaded vehicle to a complete stop on the maximum grade on which it is operated. Current brakes on machines are sufficient for the purpose intended by the provision, thus, there are no compliance costs for this section.

Section 75.1909(b)(8) requires that no device which traps a column of fluid to hold the brake in the applied position shall be installed in any brake system, unless the trapped column of fluid is released when the operator is no longer in contact with the brake activation device. MSHA estimates that about 10 percent of the 1,674 pieces of light duty equipment (167 pieces) will require labor work in order to remove the device that traps a column of fluid to hold the brake in position. Of the 167 pieces, 166 pieces are in large mines and 1 pieces are in small mines. Removing the trap device will take 30 minutes (0.5 hours). The initial compliance costs will be about $2,275, of which large mines will incur $2,175 [166 pieces x (0.5 hrs. x $26 wage)] and small mines will incur less than $100 [1 piece x (0.5 hrs. x $26 wage)]. The initial costs were annualized over a 3 year period to be about $900, of which large mines will incur $850 [$2,175 x 0.381] and small mines will incur less than $50 [$100 x 0.381]. There are no annual compliance costs for this provision.

Sections 75.1909(c)(1) through (c)(6) require that self-propelled heavy duty pieces of equipment be provided with a supplemental braking system. This provision will affect nonpermissible heavy duty machines and permissible heavy duty machines. Modifications are needed to the braking systems of all 517 nonpermissible heavy duty machines (505 pieces in large mines and 12 pieces in small mines). The modifications will involve installation of: an orifice in the brake system; a hand pump and valve; and a declutch valve to insure that the supplemental braking system is released before the equipment can be trammed. The modifications are estimated to cost approximately $3,000 and take 2 persons each working 4 hours ( a total of 8 hours) to perform. The initial compliance costs for nonpermissible heavy duty equipment will be about $1,658,550, of which large mines will incur $1,620,050 [505 pieces x ($3,000 + (8 hrs. x $26 wage))] and small mines will incur $38,500 [12 pieces x ($3,000 + (8 hrs. x $26 wage))]. The initial costs were annualized over a 10 year period to be about $235,525, of which large mines will incur $230,050 [$1,620,050 x 0.142] and small mines will incur $5,475 [$38,500 x 0.142]. There are no annual compliance costs.

Only an orifice costing about $50 needs to be installed on the 567 permissible heavy duty machines (542 pieces in large mines and 25 pieces in small mines). Installation of the orifice device is estimated to take 30 minutes (0.5 hours). The initial compliance costs for permissible heavy duty equipment will be about $35,725, of which large mines will incur $34,150 [542 pieces x ($50 orifice + (0.5 hrs. x $26 wage))] and small mines will incur $1,575 [25 pieces x ($50 orifice + (0.5 hrs. x $26 wage))]. The initial costs were annualized over a 10 year period to be about $5,075, of which large mines will incur $4,850 [$34,150 x 0.142] and small mines will incur $225 [$1,575 x 0.142]. There are no annual compliance costs.

Section 75.1909(d) requires that light duty self-propelled diesel-powered equipment, except rail mounted equipment, be provided with a parking brake that holds the fully loaded equipment stationary on the maximum grade on which it is operated despite any contraction of the brake parts, exhaustion of any nonmechanical source of energy or leakage. This device is currently on light duty equipment thus, there are no compliance costs for this provision. This provision also applies to heavy duty permissible equipment, however, there is no compliance cost because this equipment already complies with the provision.

Section 75.1909(e) requires that the supplemental and park brake systems required by paragraphs (c) and (d) will be applied when the equipment operator is not at the controls of the equipment, except during movement of disabled equipment. This is a work practice that does not involve costs. Thus, there are no compliance costs for this section.

Section 75.1909(f) requires that self-propelled personnel elevating work platforms be provided with a means that insures the parking braking system is released before the equipment can be trammed and be designed to insure the brake is fully released at all times while the equipment is trammed. These pieces of equipment are in compliance and thus, there are no estimated compliance costs.

Section 75.1909(g) requires that equipment which discharges its exhaust directly into a return air course shall be provided with a power package approved in accordance with subpart F. It is difficult to determine if mine operators will choose this option or an alternative method to deal with exhaust gas. Thus, there are no compliance costs determined for this section.

Section 75.1909(h) requires that self-propelled heavy duty equipment meeting the requirements of § 75.1908(a) be provided with an automatic fire suppression system meeting the requirements of § 75.1911. Of the 517 pieces of nonpermissible self-propelled diesel-powered equipment, approximately 20 percent (or 103 pieces) will need an automatic fire suppression system. Of the 103 pieces, 101 pieces are in large mines and 2 pieces are in small mines. The pieces of equipment that will need an automatic fire suppression system to comply with the standard will be those pieces that currently have either: a manual fire suppression system; or no fire suppression system at all. MSHA assumes that of the equipment that needs an automatic fire suppression system, 50 percent already has a manual fire suppression system and 50 percent has no fire suppression system at all. Thus, of the 101 pieces in large mines, 51 pieces have a manual fire suppression system and 50 pieces have no fire suppression system at all. Of the 2 pieces in small mines, 1 piece has a manual fire suppression system and 1 piece has no fire suppression system. Fire suppression systems installed on machines can have either one or two tanks that hold the fire suppressant material. Heavy duty equipment needs a two tank system. The purchase and installation cost of an automatic fire suppression system for heavy duty equipment is estimated to be about $4,875 for a two tank system. The purchase and installation cost to convert a manual to an automatic fire suppression system with two tanks for heavy duty equipment is estimated to cost $1,875.

The initial compliance costs to place an automatic fire suppression system on nonpermissible heavy duty equipment will be about $346,125, of which large mines will incur $339,375 [(51 pieces x $1,875) + (50 pieces x $4,875)] and small mines will incur $6,750 [(1 piece x $1,875) + (1 piece x $4,875)]. The initial costs were annualized over a 10 year period to be about $49,175, of which large mines will incur $48,200 [$339,375 x 0.142] and small mines will incur $975 [$6,750 x 0.142]. The annual compliance costs are estimated to be 10 percent of the original purchase and installation price. The total annual compliance costs will be $34,625, of which large mines will incur $33,950 [(51 pieces x $1,875 x 0.10) + (50 pieces x $4,875 x 0.10)] and small mines will incur $675 [(1 piece x $1,875 x 0.10) + (1 piece x $4,875 x 0.10)].

Section 75.1909(i) requires self-propelled nonpermissible light duty equipment meeting the requirements of § 75.1908(b) be provided with an automatic or manual fire suppression system meeting the requirements of § 75.1911. Of the 1,674 pieces of nonpermissible self-propelled diesel-powered equipment, approximately 10 percent (or 167 pieces) will need an automatic or manual fire suppression system. Of the 167 pieces, 166 pieces are in large mines and 1 piece is in a small mine. The pieces of equipment that will need an automatic fire suppression system to comply with the standard will be those pieces that currently have no fire suppression system at all. MSHA assumes that of the equipment that needs a fire suppression system, 50 percent will get a manual fire suppression system and 50 percent will get an automatic fire suppression system. Thus, of the 166 pieces in large mines, 83 pieces will get a manual fire suppression system and 83 pieces will get an automatic fire suppression system. The 1 piece in a small mine is assumed to get an automatic fire suppression system. Light duty equipment needs only a one tank system. The purchase and installation cost of an automatic fire suppression system for light duty equipment is estimated to be about $3,300 for a one tank system. The purchase and installation cost to convert a manual to an automatic fire suppression system with one tank for light duty equipment is estimated to cost $1,500.

The initial compliance costs to place an automatic or manual fire suppression system on nonpermissible light duty equipment will be about $401,700, of which large mines will incur $398,400 [(83 pieces x $1,500) + (83 pieces x $3,300)] and one small mine will incur $3,300 [(1 piece x $3,300)]. The initial costs were annualized over a 3 year period to be about $153,075, of which large mines will incur $151,800 [$398,400 x 0.381] and one small mine will incur $1,275 [$3,300 x 0.381]. The annual compliance costs are estimated to be 10 percent of the original purchase and installation price. The total annual compliance costs will be $40,200, of which large mines will incur $39,850 [(83 pieces x $1,500 x 0.10) + (83 pieces x $3,300 x 0.10)] and one small mine will incur $350 [(1 piece x $3,300 x 0.10].

Section 75.1909(j)(1) requires that nonpermissible equipment that is not self-propelled equipment be provided with a means to prevent inadvertent movement of the equipment when parked. Mine operators can use wheel blocks, which are available at the mine, to satisfy the requirement of this provision. Thus, there are no compliance costs associated with this provision.

Section 75.1909(j)(2) requires that nonpermissible equipment that is not self-propelled equipment have features such as safety chains or other suitable secondary connections on equipment that is being towed. MSHA estimates that this will affect about 79 pieces of equipment, of which 78 pieces are in large mines and 1 piece is in a small mine. The cost for safety chains is estimated at about $20 and 30 minutes (0.5 hours) are needed to install the chains. No annual maintenance is required and the chains are estimated to last about 5 years.

The initial compliance costs will be about $2,725, of which large mines will incur $2,625 [78 pieces x ($20 + (0.5 hrs. x $26 wage))] and small mines will incur less than $100 [1 piece x ($20 + (0.5 hrs. x $26 wage))]. The initial costs were annualized over a 5 year period to be about $675, of which large mines will incur $650 [$2,625 x 0.244] and small mines will incur $25 [$100 x 0.244].

Section 75.1909(j)(3) requires that nonpermissible equipment that is not self-propelled equipment have an automatic fire suppression system meeting the requirements of § 75.1911. Of the 159 pieces of nonself-propelled diesel-powered equipment, approximately 30 percent (or 48 pieces) will need an automatic fire suppression system. Of the 48 pieces, 47 pieces are in large mines and 1 piece is in a small mine. The pieces of equipment that will need an automatic fire suppression system to comply with the standard will be those pieces that currently have either: a manual fire suppression system; or no fire suppression system. MSHA assumes that of the equipment that needs an automatic fire suppression system, 80 percent already has a manual fire suppression system and 20 percent has no fire suppression system at all. Thus, of the 47 pieces in large mines, 38 pieces have a manual fire suppression system and 10 pieces have no fire suppression system. The 1 piece in a small mine is assumed to have no fire suppression system at all. Fire suppression systems installed on machines can have either one or two tanks that hold the fire suppressant material. Nonself-propelled equipment needs only a one tank system. The purchase and installation cost of an automatic fire suppression system for nonself-propelled equipment is estimated to be about $3,300 for a one tank system. The purchase and installation cost to convert a manual to an automatic fire suppression system with one tank for nonself-propelled equipment is estimated to cost $1,500.

The initial compliance costs to place an automatic fire suppression system on nonself-propelled equipment will be about $93,300, of which large mines will incur $90,000 [(38 pieces x $1,500) + (10 pieces x $3,300)] and the one small mine will incur $3,300 [(1 piece x $3,300)]. The initial costs were annualized over a 10 year period to be about $13,275, of which large mines will incur $12,800 [$90,000 x 0.142] and small mines will incur $475 [$3,300 x 0.142]. The annual compliance costs are estimated to be 10 percent of the original purchase and installation price. The total annual compliance costs will be $9,350, of which large mines will incur $9,000 [(38 pieces x $1,500 x 0.10) + (10 pieces x $3,300 x 0.10)] and the one small mine will incur $350 [(1 piece x $3,300 x 0.10)].

Section 75.1910 Nonpermissible Diesel-powered Equipment;
Electrical System Design and Performance Requirements

This section requires nonpermissible diesel-powered equipment to comply with certain electrical system design and performance requirements. The total initial compliance costs in this section will be about $480,675, of which large mines will incur $475,500 and small mines will incur about $5,175. The total annualized compliance costs will be about $117,450, of which large and small mines will incur $116,125 and $1,325, respectively. There are no annual compliance costs for this section.

Section 75.1910(a) requires that overload and short circuit protection be provided for electric circuits and components in accordance with §§ 75.518 and 75.518-1, for equipment specified in this section. There are 2,350 pieces of nonpermissible diesel-powered equipment, of which 2,325 pieces are in large mines and 25 pieces are in small mines. This provision will affect 10 percent of such equipment. Thus, 233 (2,325 x 0.10) pieces are in large mines and 3 (25 x 0.10) pieces are in small mines. Parts will costs $10 and take 30 minutes (0.5 hours) to install by a person earning $26 per hour. The parts are estimated to last the life of the equipment and there are no annual maintenance costs.

The initial compliance costs to install overload and short circuit protection for circuits and components will be about $5,475, of which large mines will incur $5,375 [233 pieces x (10 parts + ($26 wage x 0.5 hrs.))] and small mines will incur $100 [3 pieces x ($10 parts + ($26 wage x 0.5 hrs.))]. Generally, initial compliance costs associated with the machine are annualized over the life of the equipment. Nonpermissible, self-propelled heavy duty and nonself-propelled, diesel-powered equipment is estimated to last about 10 years, while nonpermissible light duty diesel-powered equipment is estimated to have a life of 3 years. Throughout this section, whenever initial compliance costs are determined based upon using a combination of nonpermissible equipment that is nonself-propelled, self-propelled light duty, and self-propelled heavy duty, MSHA used an estimated machine life of 5 years in which to annualized initial costs. This 5 year figure is based upon a weighted average of the life of nonpermissible nonself-propelled machines and, nonpermissible self-propelled heavy and light duty machines. Thus, the initial compliance costs were annualized over a 5 year period to be about $1,350, of which large mines will incur $1,325 [$5,375 x 0.244] and small mines will incur $25 [$100 x 0.244].

Section 75.1910(b) requires that each electric conductor from the battery to the starting motor be protected against short circuit by fuses or other circuit interrupting devices placed as near as practicable to the battery terminals. MSHA estimates that this will affect all 2,325 pieces in large mines and 25 pieces in small mines. It is estimated to cost about $20 for fuses to install on battery cables in order to prevent a short circuit and take 20 minutes (0.3333 hours) for installation by a person earning $26 per hour. The parts are estimated to last the life of the equipment and there are no annual maintenance costs.

The initial compliance costs to install the fuses will be about $67,375, of which large mines will incur $66,650 [2,325 pieces x (20 fuses + ($26 wage x 0.3333 hrs.))] and small mines will incur $725 [25 pieces x ($20 fuses + ($26 wage x 0.3333 hrs.))]. The initial compliance costs were annualized over a 5 year period to be about $16,450, of which large mines will incur $16,275 [$66,650 x 0.244] and small mines will incur $175 [$725 x 0.244].

Section 75.1910(c) requires that each branch circuit conductor connected to the main circuit between the battery and charging generator be protected against short circuit by fuses or other automatic circuit interrupting devices. This provision will affect 10 percent of all diesel-powered equipment specified by this section. Thus, there are 233 (2,325 x 0.10) pieces in large mines and 3 (25 x 0.10) pieces in small mines affected by this provision. Parts will costs $10 and take 15 minutes (0.25 hours) to install by a person earning $26 per hour. The parts are estimated to last the life of the equipment and there are no annual maintenance costs.

The initial compliance costs to provide overload and short circuit protection for branch circuit conductors will be about $3,900, of which large mines will incur $3,850 [233 pieces x (10 parts +($26 wage x 0.25 hrs.))] and small mines will incur $50 [3 pieces x ($10 parts + ($26 wage x 0.25 hrs.))]. The initial compliance costs were annualized over a 5 year period to be about $975, of which large mines will incur $950 [$3,850 x 0.244] and small mines will incur $25 [$50 x 0.244].

Section 75.1910(d) requires the electrical system be equipped with a circuit interrupting device by means of which all power conductors can be deenergized. MSHA estimates that this will affect all 2,325 pieces in large mines and 25 pieces in small mines. It is estimated to cost about $20 for a switch that will act as a circuit interrupting device by means of which all power conductors can be deenergized, and take 20 minutes (0.3333 hours) for installation by a person earning $26 per hour. The parts are estimated to last the life of the equipment and there are no annual maintenance costs.

The initial compliance costs to install the switch will be about $67,375, of which large mines will incur $66,650 [2,325 pieces x ($20 switch + ($26 wage x 0.3333 hrs.))] and small mines will incur $725 [25 pieces x ($20 switch + ($26 wage x 0.3333 hrs.))]. The initial compliance costs were annualized over a 5 year period to be about $16,450, of which large mines will incur $16,275 [$66,650 x 0.244] and small mines will incur $175 [$725 x 0.244].

Section 75.1910(e) requires each motor and charging generator be protected by an automatic overcurrent device. MSHA estimates that this will affect all 2,325 pieces in large mines and 25 pieces in small mines. It is estimated to cost about $20 for fuses to be installed on the motor to prevent a short circuit and take 20 minutes (0.3333 hours) for installation by a person earning $26 per hour. The parts are estimated to last the life of the equipment and there are no annual maintenance costs.

The initial compliance costs to install the fuses on the motor will be about $67,375, of which large mines will incur $66,650 [2,325 pieces x ($20 motor fuses + ($26 wage x 0.3333 hrs.))] and small mines will incur $725 [25 pieces x ($20 motor fuses + ($26 wage x 0.3333 hrs.))]. The initial compliance costs were annualized over a 5 year period to be about $16,450, of which large mines will incur $16,275 [$66,650 x 0.244] and small mines will incur $175 [$725 x 0.244].

Section 75.1910(f) requires each ungrounded conductor to have insulation compatible with the impressed voltage. MSHA estimates that 25 percent of the equipment specified in this section will have to have electrical conductors in the vehicles replaced so that a rise in temperature from normal operation will not damage the insulating materials. Thus, 581 (2,325 x 0.25) pieces will be affected in large mines and 6 (25 x 0.25) pieces will be affected in small mines. Materials consisting of wires and conductors will cost about $50 and it will take 4 hours to install the electrical conductors by a person earning $26 per hour. The parts are estimated to last the life of the equipment and there are no annual maintenance costs.

The initial compliance costs to replace the electrical conductors will be about $90,400, of which large mines will incur $89,475 [581 pieces x ($50 materials + ($26 wage x 4 hrs.))] and small mines will incur $925 [6 pieces x ($50 materials + ($26 wage x 4 hrs.))]. The initial compliance costs were annualized over a 5 year period to be about $22,075, of which large mines will incur $21,850 [$89,475 x 0.244] and small mines will incur $225 [$925 x 0.244].

Section 75.1910(g) requires all wiring to have adequate mechanical protection to prevent possible short circuits of wires or cables. MSHA estimates that 50 percent of the equipment specified in this section will need to install mechanical guards and reroute wiring in order to provide mechanical protection that prevents damage to wiring or cables. Thus, 1,163 (2,325 x 0.5) pieces will be affected in large mines and 13 (25 x 0.5) pieces will be affected in small mines. Materials will cost about $20 and take 2 hours to install mechanical guards and reroute wiring by a person earning $26 per hour. The parts are estimated to last the life of the equipment and there are no annual maintenance costs.

The initial compliance costs to install mechanical guards and reroute wiring will be about $84,700, of which large mines will incur $83,750 [1,163 pieces x ($20 materials + ($26 wage x 2 hrs.))] and small mines will incur $950 [13 pieces x ($20 materials + ($26 wage x 2 hrs.))]. The initial compliance costs were annualized over a 5 year period to be about $20,700, of which large mines will incur $20,450 [$83,750 x 0.244] and small mines will incur $250 [$950 x 0.244].

Section 75.1910(h) requires sharp edges and corners be removed at all points where there is a possibility of damaging wires, cables, or conduits by cutting or abrasion. MSHA estimates that this will affect all 2,325 pieces in large mines and 25 pieces in small mines. It is estimated to take 1 hour of labor, by a person earning $26 per hour, for filing or otherwise removing sharp edges and corners where there is a possibility of damaging wires, cables or conduits by cutting or abrasion. There are no annual maintenance costs.

The initial compliance costs to file or otherwise remove sharp edges and corners will be about $61,100, of which large mines will incur $60,450 [2,325 pieces x ($26 wage x 1 hr.)] and small mines will incur $650 [25 pieces x ($26 wage x 1 hr.)]. The initial compliance costs were annualized over a 5 year period to be about $14,925, of which large mines will incur $14,750 [$60,450 x 0.244] and small mines will incur $175 [$650 x 0.244].

Section 75.1910(i) requires that when insulated wires other than cables pass through metal frames, the holes shall be substantially bushed with insulated bushings. In addition, cables shall enter metal frames of motors, splice boxes, and electric components only through proper fittings. MSHA estimates that 25 percent of the equipment specified in this section will have to have grommets or fittings to be installed where wire passes through metal frames. Thus, 581 (2,325 x 0.25) pieces will be affected in large mines and 6 (25 x 0.25) pieces will be affected in small mines. Materials purchase cost are estimated to be $5 for grommets or fittings and it takes about 1 hour to install where wire passes through metal frames. The parts are estimated to last the life of the equipment and there are no annual maintenance costs.

The initial compliance costs to install the grommets or fittings will be about $18,225, of which large mines will incur $18,025 [581 pieces x ($5 fittings + ($26 wage x 1 hr.))] and small mines will incur $200 [6 pieces x ($5 fittings + ($26 wage x 1 hr.))]. The initial compliance costs were annualized over a 5 year period to be about $4,450, of which large mines will incur $4,400 [$18,025 x 0.244] and small mines will incur $50 [$200 x 0.244].

Sections 75.1910(j) through (o) are provisions concerned with battery box design requirements. Approximately 5 percent of the diesel-powered equipment specified in this section will be affected by the battery box design requirements. Thus, 116 (2,325 x 0.05) pieces in large mines and 1 (25 x 0.05) piece in a small mine will need a battery box in order to protect the exposed battery from damage. A battery box that fulfills the requirements of paragraphs (a)(10) through (a)(15) is estimated to cost about $100. About 1 hour of labor time is needed to install the battery box by a person earning $25 per hour. No annual maintenance is required and the battery box is expected to last the life of the equipment.

The initial compliance costs to purchase and install battery boxes will be about $14,750, of which large mines will incur $14,625 [116 pieces x ($100 box + (1 hr. x $26 wage))] and small mines will incur $125 [1 piece x ($100 box + (1 hr. x $26 wage))]. The initial costs were annualized over a 5 year period to be about $3,625, of which large mines will incur $3,575 [$14,625 x 0.244] and small mines will incur $50 [$125 x 0.244].

Section 75.1911 - Fire Suppression Systems for Mobile
Diesel-Powered Equipment and Fuel Transportation Units

The total annual compliance costs for this section will be $1,221,275, of which large and small mines will incur $1,203,175 and $18,100, respectively. There are no first year or annualized compliance costs in this section. In addition, as detailed below, some of the compliance costs of this standard are included in other sections of this rule.

Sections 75.1911(a) through (h) require that diesel-powered equipment and fuel transportation units utilize a multipurpose dry chemical type fire suppression system approved by a nationally recognized independent testing laboratory. Paragraphs (a) through (h) set forth the characteristics of the required automatic fire suppression system. The compliance costs to retrofit existing self-propelled nonpermissible heavy duty diesel-powered equipment meeting the requirements of § 75.1908(a) with an automatic fire suppression system are included in § 75.1909(h). The compliance costs to retrofit existing self-propelled nonpermissible light duty diesel-powered equipment meeting the requirements of § 75.1908(b) with a manual or automatic fire suppression system are included in § 75.1909(i). The compliance costs to retrofit existing nonself-propelled nonpermissible diesel-powered equipment with an automatic fire suppression system are included in § 75.1909(j)(3). The compliance costs to retrofit existing permissible diesel-powered equipment with a manual or automatic fire suppression system are set forth in § 75.1907(b)(2).

Section 75.1911(i) requires that all fire suppression systems must be visually inspected at least once each week. With the exception of 11 diesel-powered ambulances and fire fighting machines, all diesel-powered machines will have either a manual or automatic fire suppression system. Of the 2,878 diesel machines in large mines 2,867 pieces (2,878 - 11) will need weekly fire suppression examinations. All 50 pieces in small mines will need the weekly exams. Additionally, MSHA estimates that about 20 percent of 489 diesel fuel transportation units, or 98 units, will have fire suppression systems because they have electrical components and thus must have weekly exams. Of the 98 pieces, 95 are in large mines and 3 are in small mines. Thus, 2,962 pieces (2,867 + 95) in large mines and 53 pieces (50 + 3) in small mines will need weekly exams of the fire suppression system.

It is estimated to take 15 minutes (0.25 hours) to inspect a machine's fire suppression system at a labor rate of $26 per hour. Large mines operate approximately 50 weeks per year and small mines operate about 40 weeks per year. The annual compliance costs for weekly visual inspections will be about $976,425, of which large mines will incur $962,650 [2,962 pieces x 50 weeks x (0.25 x $26 wage)] and small mines will incur $13,775 [53 pieces x 40 weeks x (0.25 x $26 wage)].

Currently, on average, mines inspect the fire suppression system on machines about once a month. The annual cost associated with current inspections of fire suppression systems is about $227,525. Of the $227,525, large mines will incur $223,625 [2,867 pcs. x 12 mos. x (0.25 x $26 wage)] and small mines will incur $3,900 [50 pcs. x 12 mos. x (0.25 x $26 wage)].

Under the rule, annual compliance costs associated with increasing fire suppression systems inspections from monthly to weekly, will be approximately $748,900 [$976,425 - $227,525], of which large mines will incur $739,025 [$962,650 - $223,625] and small mines will incur $9,875 [$13,775 - $3,900].

In addition § 75.1911(i) also requires that each fire suppression system on diesel-powered machines be tested in accordance with the manufacturer's recommended inspection and maintenance program. MSHA assumes that mine operators will not perform these tests themselves, but rather will contract out the testing to the installers of the fire suppression system. MSHA estimates that such fire suppression system inspections and tests will take about 1 hour and cost the mine operators about $80. These inspections will occur twice a year, and will have to be conducted on the 2,962 pieces in large mines and 53 pieces in small mines. The annual compliance costs associated with manufacturer recommended inspections and tests will be about $482,400, of which large mines will incur $473,925 [2,962, pieces x $80 x 2 inspections] and small mines will incur $8,475 [53 pieces x $80 x 2 inspections].

Currently, some mines perform the manufacturer recommended inspections and tests on existing diesel-powered equipment. As a conservative figure MSHA estimates that the fire suppression system manufacturer recommended inspections and tests are currently performed on about 10 percent of the diesel-powered equipment, 286 (2,867 x 0.10) existing pieces in large mines and 5 (50 x 0.10) existing pieces in small mines. Thus, the current annual costs for manufacturer recommended inspecting and testing of the fire suppression system on diesel-powered machines will be about $46,575, of which large mines will incur $45,775 [286 pieces x $80 x 2 inspections] and small mines will incur $800 [5 pieces x $80 x 2 inspections].

Under the rule, annual compliance costs associated with manufacturer recommended inspecting and testing of fire suppression systems on diesel-powered machines will be about $435,825 [$482,400 - $46,575], of which large mines will incur $428,150 [$473,925 - $45,775] and small mines will incur $7,675 [$8,475 - $800].

Section 75.1911(j) requires a record to be made for each fire suppression system inspection where a defect is found. Records are to be held at a surface location of the mine. The record shall include the machine examined, defect found and corrective action taken. With respect to recordkeeping concerning the inspections done in paragraph (i) MSHA estimates that 10 percent of the inspections will show a defect exists.

With respect to paragraph (i), weekly inspections are done on 2,962 diesel machines in large mines and 53 pieces in small mines. Thus, on an annual basis records from weekly inspections performed under paragraph (i) will be made for 14,810 inspections in large mines (2,962 pieces x 1 inspection per week x 50 work weeks per year x 0.10 inspection finding defects) and; 212 inspections in small mines (53 pieces x 1 inspection per week x 40 work weeks per year x 0.10 inspection finding defects). Each record, including maintaining, is estimated to take 5 minutes (0.0833 hours) by a person earning $26 per hour. Thus, the annual costs for records from weekly inspections required by paragraph (i) will be about $32,525, of which large mines will incur $32,075 [14,810 records x 0.0833 hrs. x $26 wage] and small mines will incur $450 [212 records x 0.0833 hrs. x $26 wage].

Also, with respect to paragraph (i), twice a year manufacturer recommended inspections and tests are performed on each machine. Therefore, on an annual basis records from inspections and tests performed under paragraph (i) will be for, 592 inspections in large mines (2,962 pieces x 2 inspections per year x 0.10 inspections finding defects) and; 11 inspections in small mines (53 pieces x 2 inspections per year x 0.10 inspections finding defects). Each record, including maintaining, is estimated to take 5 minutes (0.0833 hours) based upon an inspection and test rate of $80 per hour. Thus, the annual costs for records from manufacturer recommended inspections and tests performed under paragraph (i) will be about $4,025, of which large mines will incur $3,925 [592 inspections x 0.0833 hrs. x $80 wage] and small mines will incur less than $100 [11 inspections x 0.0833 hrs. x $80 wage].

In summary, the annual compliance cost will be the sum of the costs of records that pertain to the weekly inspections and manufacturer recommended inspections and tests required by paragraph (i). Thus, the annual compliance costs will be about $36,550 [$32,525 + $4,025], of which large mines will incur $36,000 [$32,075 + $3,925] and small mines will incur $550 [$450 + $100].

Section 75.1911(k) requires mine operators to instruct affected miners about hazards involved in the operation of fire suppression systems and about safeguards available at each such installation. There will be no compliance costs for this requirement because such training is currently provided under the hazard training requirements of part 48 and of § 75.1101-23, which require that miners be acquainted with the operation of fire suppression equipment available in the mine.

Section 75.1911(l) states that for purposes of § 75.380(f), a fire suppression system installed on diesel-powered equipment and meeting the requirements of § 75.1911 is equivalent to a fire suppression system meeting the requirements of §§ 75.1107-3 through 75.1107-16. This requirement is a clarification and thus there are no compliance costs for this provision.

Section 75.1912 Fire Suppression Systems for Permanent
Underground Diesel Fuel Storage Facilities and Stationary
Unattended Diesel-powered Equipment Facilities.

This section shows compliance costs related to fire suppression systems that are on underground permanent diesel fuel storage facilities. The annual compliance costs for this section will be $19,950, of which large and small mines will incur $16,475 and $3,475, respectively. There are no first year or annualized compliance costs in this section.

Sections 75.1912(a) through (g) explain the characteristics of the automatic fire suppression system that is required on underground permanent diesel fuel storage facilities. The compliance costs to purchase and install an automatic fire suppression system on underground permanent diesel fuel storage facilities were determined in § 75.1903(a)(5).

Section 75.1912(h) requires that all fire suppression systems on underground permanent diesel fuel storage facilities (20 in large mines and 5 in small mines) must be visually inspected at least once a week. MSHA estimates that it will take 30 minutes (0.5 hours) per inspection by a person earning $26 per hour. In addition, MSHA established that large mines using diesel-powered equipment operate two shifts per day for approximately 250 days per year (50 weeks at 5 days per week) and small mines using such equipment operate one shift per day for approximately 160 days per year (40 weeks at 4 days per week).

Thus, annual compliance costs for weekly visual inspections of fire suppression systems on underground permanent diesel fuel storage facilities will be about $15,600, of which large mines will incur $13,000 [20 facilities x 50 weeks x (0.5 hrs. x $26 wage)] and small mines will incur $2,600 [5 facilities x 40 weeks x (0.5 hrs. x $26 wage)].

In addition, § 75.1911(h) also requires that each fire suppression system on underground permanent diesel fuel storage facilities (20 in large mines and 5 in small mines) be inspected and tested in accordance with the manufacturer's recommended inspection and maintenance program. MSHA assumes that mine operators will not perform these tests themselves, but rather will contract out the testing to the installers of the fire suppression system. MSHA estimates that the fire suppression system inspections and tests will take about 1 hour and cost the mine operators about $80. MSHA estimates that these inspections will occur twice a year. The annual compliance costs associated with tests noted above will be about $4,000, of which large mines will incur $3,200 [20 facilities x 2 inspections per yr. x $80] and small mines will incur $800 [5 facilities x 2 inspections per yr. x $80].

Section 75.1912(i) requires a record to be made for each fire suppression system inspection where a defect is found. Records are to be at a surface location of the mine. The record must record the storage facility examined, defect found and corrective action taken. With respect to recordkeeping concerning the inspections done in paragraph (h) MSHA estimates that 10 percent of the inspections will show a defect exists.

With respect to paragraph (h), weekly inspections are done on 20 underground permanent diesel fuel storage facilities in large mine and 5 such facilities in small mines. Thus, on an annual basis records from inspections performed under paragraph (h) will be made for 100 inspections in large mines (20 facilities x 1 inspection per week x 50 work weeks per year x 0.10 inspection finding defects) and 20 inspections in small mines (5 facilities x 1 inspection per week x 40 work weeks per year x 0.10 inspection finding defects). Each record, including maintaining, is estimated to take 5 minutes (0.0833 hours) by a person earning $26 per hour. Thus, the annual costs for records from inspections required by paragraph (h) will be about $275, of which large mines will incur $225 [100 records x 0.0833 hrs. x $26 wage] and small mines will incur $50 [20 records x 0.0833 hrs. x $26 wage].

Also, with respect to paragraph (h), twice a year inspections and tests are performed on each underground permanent diesel fuel storage facility. Therefore, on an annual basis records from inspections and tests performed under paragraph (h) will be for, 4 inspections in large mines (20 facilities x 2 inspections per year x 0.10 inspections finding defects) and; 1 inspection in a small mine (5 facilities x 2 inspections per year x 0.10 inspections finding defects). Each record, including maintaining, is estimated to take 5 minutes (0.0833 hours) based upon an inspection and test rate of $80 per hour. Thus, the annual costs for records from manufacturer recommended inspections and tests performed under paragraph (h) will be less than $100, of which large mines will incur less than $50 [4 inspections x 0.0833 hrs. x $80 wage] and small mines will incur less than $25 [1 inspection x 0.0833 hrs. x $80].

In summary, the annual compliance cost will be the sum of the costs of records that pertain to the inspections required by paragraphs (h). Thus, the annual compliance costs will be about $350 [$275 + $75], of which large mines will incur $275 [$225 + $50] and small mines will incur $75 [$50 + $25].

Section 75.1912(j) requires that all miners normally assigned to the active workings of the mine be instructed about any hazards inherent to the operation of all fire suppression systems installed and, where appropriate, the safeguards available for each system. There will be no compliance costs for this requirement because such training is currently provided under the hazard training requirements of part 48 and of § 75.1101-23, which require that miners be acquainted with the operation of fire suppression equipment available in the mine.

Section 75.1913 - Starting Aids

This section addresses the storage and use of volatile fuel starting aids for diesel equipment. The total initial costs are $66,700, of which large and small mines will incur $66,000 and $700, respectively. The total annualized costs are $9,475, of which large and small mines will incur $9,375 and $100, respectively.

Section 75.1913(a) requires that volatile fuel starting aids shall be used in accordance with recommendations provided by the starting aid manufacturer, the engine manufacturer, and the machine manufacturer. Starting aid manufacturers are already required by Occupational Safety and Health Administration regulations to develop Material Safety Data Sheets (MSDS) for their products. To comply with this provision the mine operator can obtain an MSDS and any other product safety and use information prepared by the starting aid manufacturer, engine manufacturer, and the machine manufacturer, on the safe use of the starting aid. Thus, there will not be any compliance costs to mine operators concerning this provision.

Section 75.1913(b) requires that volatile fuel starting aids be conspicuously marked to indicate the contents. There are no compliance costs to conspicuously mark volatile starting aid cans because labels which are originally provided with such cans meet the requirement. In addition, this provision, requires that containers of volatile fuel starting aids be stored in metal enclosures conspicuously marked, secured, and protected from damage. Under this provision, starting aids carried on diesel-powered nonpermissible machines would have to be encased in a metal enclosure. This standard does not apply to permissible equipment since starting aids are not permitted on or in areas where such equipment is required. With respect to nonpermissible equipment, MSHA assumes that half in large mines, 1,168 pieces (2,336 x 0.50) and half in small mines, 12 pieces (25 x 0.50) will need to install a metal box required to contain the starting fuel. The cost of the metal box is approximately $50 and 15 minutes of labor (0.25 hours) would be needed to attach the box to the machine.

The first year compliance costs to install the metal boxes on the machines will be about $66,700, of which large mines will incur about $66,000 [1,168 nonperm. pcs. x ($50 box + (0.25 hrs. x $26 wage))], and small mines will incur about $700 [12 nonperm. x ($50 box + (0.25 hrs. x $26 wage))]. The $66,700 was annualized over a 10 year period to be $9,475, of which large mines will incur about $9,375 [$66,000 x 0.142] and small mines will incur about $100 [$700 x 0.142).

Sections 75.1913 (c) and (d) concerning paragraph (c) it requires that volatile fuel starting aids shall not be: (1) taken into or used in areas where permissible equipment is required; (2) used in the presence of open flames or burning flame safety lamps, or when welding or cutting is taking place; or (3) used in any area where 1.0 percent or greater concentration of methane is present. Paragraph (d) requires that compressed oxygen or compressed flammable gases shall not be connected to diesel air start systems. MSHA has not assessed any compliance costs for these requirements because they are work practices that can be implemented with no additional labor or materials.

Section 75.1914 - Maintenance of Diesel-powered Equipment

This section establishes requirements for the maintenance of diesel-powered equipment that will result in initial costs of $310,550, of which large and small mines will incur about $286,175 and $24,375, respectively. The total annualized costs will be $40,150, of which large and small mines will incur about $36,825 and $3,325, respectively. The total annual costs will be $2.73 million, of which large and small mines will incur about $2.66 million and $66,025, respectively.

Section 75.1914(a) requires that diesel-powered equipment be maintained in approved and safe condition or removed from service. There are no compliance costs associated with this provision.

Sections 75.1914(b) requires that only a person qualified in accordance with § 75.1915 can repair or maintain approved features and those features required by §§ 75.1909 and 75.1910. MSHA has included the compliance cost for using a qualified person in its cost estimates for § 75.1915.

Section 75.1914(c) requires a water scrubber system to be drained and flushed at least once per shift when the equipment is operated. This task is to be performed by a trained person and is done in order to remove material accumulation. There are no compliance costs for training because initial training for operating the machine should encompass the maintenance of the water scrubber system. However, there are compliance costs with respect to the time spent on draining and flushing the water scrubber. With the exception of part 36 equipment, water scrubber systems are not usually on diesel-powered equipment. MSHA assumes that no nonpermissible equipment have a water scrubber system, and thus there are no costs for this provision.

This provision will affect water scrubber systems on all 567 existing permissible equipment in large and small mines. Of the 567 pieces, 542 are in large mines and 25 are in small mines. In the diesel hearings, a miner testified that it generally takes 10 to 15 minutes to flush a water scrubber [8, p. 308]. MSHA established that large mines using diesel-powered equipment operate two shifts per day for approximately 250 days per year (50 weeks at 5 days per week) and small mines using diesel-powered equipment operate one shift per day for approximately 160 days per year (40 weeks at 4 days per week).

Thus, using 15 minutes of labor (valued at $6.50 based upon a wage rate of $26 per hour) and assuming that mine operators are in compliance with this provision approximately 80 percent of the time, the annual costs to drain and flush a water scrubber will be $357,500, of which large mines will incur about $352,300 [542 perm. pieces x $6.50 x 2 shifts x 250 days x 0.20] and small mines will incur about $5,200 [(25 perm. pieces x $6.50 x 1 shift x 160 days x 0.20].

Sections 75.1914(d) and (e) require that intake air filters be replaced or serviced when dirty or when the intake air pressure device so indicates. In addition, § 75.1914(e) requires that mobile equipment be inspected by equipment operators before use and that defects affecting safety be reported to the mine operator. As these activities are standard operating procedures, there is no associated compliance cost.

Section 75.1914(f)(1) requires that diesel-powered equipment be examined and tested weekly in accordance with approved checklists and manufacturer maintenance manuals. On average, MSHA estimates that examination and testing takes about 2 hours for a piece of permissible equipment, 30 minutes (0.5 hours) for a nonpermissible heavy duty piece of equipment, and 15 minutes (0.25 hours) for a nonpermissible light duty piece of equipment. Labor is valued at $26 per hour. There are 2,928 existing pieces of permissible and nonpermissible diesel-powered equipment, of which 2,878 are in large mines and 50 are in small mines. Of the 2,878 pieces in large mines, 542 are permissible pieces, 505 are nonpermissible heavy duty pieces, and 1,831 are nonpermissible light duty pieces. Of the 50 pieces in small mines, 25 pieces are permissible, 12 are nonpermissible heavy duty pieces, and 13 are nonpermissible light duty pieces.

Currently, examinations and tests are done in accordance with approved checklists and manuals about once a month (or 12 times per year). Thus, under current practices, the annual costs to perform examinations and tests in accordance with an approved checklist is $578,300, of which large mines will spend about $559,800 [((542 perm. pcs. x 2 hrs.) + (505 nonperm. heavy duty pcs. x 0.5 hrs.) + (1,831 nonperm. light duty pcs. x 0.25 hrs.)) x 12 mos. x $26 wage] and small mines will spend about $18,500 [((25 perm. pcs. x 2 hrs.) + (12 nonperm. heavy duty pcs. x 0.5 hrs.) + (13 nonperm. light duty pcs. x 0.25 hrs.)) x 12 mos. x $26 wage].

Under this provision there will be an increase in examinations and tests from once a month to once a week. Thus, the total annual costs will be $2,394,150, of which large mines will incur about $2,332,525 [((542 perm. pcs. x 2 hrs.) + (505 nonperm. heavy duty pcs. x 0.5 hrs.) + (1,831 nonperm. light duty pcs. x 0.25 hrs.)) x 50 wks. x $26 wage] and small mines will spend about $61,625 [((25 perm. pcs. x 2 hrs.) + (12 nonperm. heavy duty pcs. x 0.5 hrs.) + (13 nonperm. light duty pcs. x 0.25 hrs.)) x 40 wks. x $26 wage].

The annual compliance costs will be the difference between the expected costs under this provision and costs associated with current practices. On that basis, the annual costs of compliance will be $1,815,850 ($2,394,150 - $578,300). Of the $1,815,850, large mines will incur about $1,772,725 ($2,332,525 - $559,800) and small mines will incur about $43,125 ($61,625 - $18,500).

Section 75.1914(f)(2) requires a record to be made for each weekly examination where a defect is found. The record must include machine examined, defect found, and corrective action taken. MSHA estimates that a defect will be found in about 25 percent of the examinations. Each record, including maintaining, is estimated to take 5 minutes (or 0.0833 hours) by a person earning $26 per hour. Thus, MSHA estimates that compliance costs will be about $79,025, of which large mines will incur $77,975 [((542 perm. pcs. + 505 nonperm. heavy duty pcs. + 1,831 nonperm. light duty pcs.) x 0.25) x 0.0833 hrs. x $26 wage x 50 wks.] and; small mines will incur $1,050 [((25 perm. pcs. + 12 nonperm. heavy duty pcs. + 13 nonperm. light duty pcs.) x 0.25) x 0.0833 hrs. x $26 wage x 40 wks.].

Sections 75.1914(g)(1) through (5) require mine operators to develop and implement standard operating procedures for testing and evaluating undiluted diesel exhaust emissions for detecting carbon monoxide (CO). MSHA estimates that it will take 2 hours of supervisor time (valued at $37.35 per hour) to develop and maintain the testing procedures. Written procedures would be similar for diesel equipment that are of the same model, but would vary when the diesel machines are different models. On average, there can be 4 to 5 (for an average of 4.5) different models of diesel machines in large mines and; about 2 different models of diesel machines in small mines. This provision will affect all large and small mines that use diesel-powered equipment. Thus, the initial compliance costs to develop and write procedures for the testing and evaluating of undiluted exhaust emissions will be about $55,375, of which large mines will incur about $53,125 [$37.35 wage x 4.5 models x 2 hrs. x 158 mines] and small mines will incur about $2,250 [$37.35 x 2 models x 2 hrs. x 15 mines]. The $55,375 was annualized at 7 percent to be $3,900, of which large mines will incur about $3,725 [$53,125 x 0.07] and small mines will incur about $175 [$2,250 x 0.07].

There are no compliance costs for training because MSHA assumes that the same individual(s) who perform area sampling requirements of § 70.1900 can perform the tests required by this section. However, there will be compliance costs for all large and small mines concerning equipment that needs to be purchased in order to conduct the undiluted exhaust emission test. MSHA estimates that large and small mines will need to purchase one instantaneous gas analyzer device which provides a CO reading instantaneously. Even though these devices were purchased by mines under § 70.1900(b)(1) and (b)(2) operators will have to purchase an additional device because the ones purchased to perform area sampling are designed to measure lower concentrations of the subject gases than will be read by the device measuring undiluted exhaust gas under this provision. The cost of the device, as noted in § 70.1900(b)(1) and (b)(2) is $1,475. Thus, the initial compliance cost to purchase equipment under this section will be about $255,175, of which large mines will incur $233,050 [158 mines x 1 device x $1,475] and small mines will incur about $22,125 [15 mines x 1 device x $1,475]. The $255,175 is annualized over 10 years to be $36,250, of which large mines will incur about $33,100 [$233,050 x 0.142] and small mines will incur about $3,150 [$22,125 x 0.142].

In addition, to purchasing the equipment the devices will have to be maintained and calibrated. Similar to § 70.1900(b)(1) and (b)(2) maintenance and calibration will consist of changing a battery pack once every two years (per year cost is $40), replacing a sensor at least once a year (costing $200), and purchasing a 103 liter bottle of CO gas needed for calibrations, which costs about $105. Thus, the annual compliance costs for maintenance and calibration of the instantaneous gas analyzer will be about $59,700, of which large mines will incur about $54,525 [($40 + $200 + $105) x 1 device x 158 mines] and small mines will incur about $5,175 [($40 + $200 + $105) x 1 device x 15 mines].

Further, there will be annual compliance costs related to the time that it takes to test for undiluted exhaust emissions. Paragraph (g) requires that all permissible and heavy duty diesel-powered equipment be tested. With respect to the 567 permissible pieces of equipment, 542 pieces are in large mines and 25 pieces are in small mines. Concerning the 517 heavy duty pieces of equipment, 505 pieces are in large mines and 12 pieces are in small mines. Therefore, about 1,047 permissible and heavy duty pieces of equipment in large mines and 37 permissible and heavy duty pieces of equipment in small mines, will be tested. MSHA estimates that it will take about 10 minutes (0.1667 hours) per machine to complete the test. The 10 minutes includes set up time which consist of making sure the machine is running at normal operating temperature and then conducting the test. The weekly tests will be performed by a person earning $31 per hour. Thus, MSHA estimates that the annual costs related to the time to take the test will be about $278,175, of which large mines will incur $270,525 [1,047 pcs. x 50 wks. x (0.1667 hrs. x $31 wage)] and small mines will incur $7,650 [37 pcs. x 40 wks. x (0.1667 hrs. x $31 wage)].

Further, paragraph (g)(5) requires that records be kept concerning the weekly exams and tests of the undiluted exhaust emissions on all pieces of diesel-powered equipment tested. As noted above 1,047 permissible and heavy duty pieces in large mines and 37 permissible and heavy duty pieces in small mines will be tested weekly and thus a record created. MSHA estimates that it will take about 5 minutes (0.0833 hours) to make and maintain a record for each piece of equipment. Based on a labor rate of $31 per hour, the annual compliance costs for recordkeeping under paragraph (g)(5) will be about $139,025, of which large mines will incur about $135,200 [1,047 pieces x 0.0833 hrs. x $31 wage x 50 wks.] and small mines will incur about $3,825 [37 pieces x 0.0833 hrs. x $31 wage x 40 wks.].

Section 75.1914(h) states the manner in which records are to be kept. The compliance costs related to records are contained above in the specific 75.1914 provisions that they apply to.

Section 75.1915 - Training and Qualification of Persons Working
on Diesel Equipment.

This section contains requirements for qualifying a person to work on diesel-powered equipment. MSHA inspectors report that engine and equipment manufacturers visit mines and instruct mine operators, mechanics, etc., in the proper maintenance and operations of their diesel-powered equipment, and also, conduct local training seminars, and sales promotions. Consequently, mine operators are indirectly incurring part of training costs when they purchase diesel equipment. MSHA expects these equipment manufacturer instructional sessions to continue and be minimally affected by this section because manufacturers can easily adopt this requirement into their instructional sessions.

The total initial costs for this section will be $2.22 million, of which large and small mines will incur about $2.20 million and $21,425, respectively. The total annualized costs will be $155,475, of which large and small mines will incur about $153,925 and $1,550, respectively. The total annual costs will be $418,525, of which large and small mines will incur $418,400 and $125, respectively. The majority of the costs are associated with § 75.1915(a), which concerns putting into action the training and qualification program.

Section 75.1915(a) requires a person to successfully complete a training and qualification program which meets the requirements of paragraph (b)(1) through paragraph (b)(5).

Paragraph (b)(5) requires the development of a written training program which includes a description of the course content, materials, and teaching methods for initial training and retraining. Paragraph (c) states the manner in which records are to be kept. MSHA determined that it will take a mine supervisor earning $37.35 per hour about 16 hours in a large mine and about 10 hours in a small mine to develop and maintain such a training and qualification program. The initial costs for developing and maintaining a training program will be $100,025, all of which are a one time cost. Of the $100,025, large mines will incur about $94,425, [158 mines x 16 hrs. x $37.35] and small mines will incur about $5,600 [15 mines x 10 hours x $37.35]. The $100,025 was annualized at 7 percent to be about $7,000, of which large and small mines will incur about $6,625 [$94,425 x 0.07] and $400 [$5,600 x 0.07], respectively.

After the first year, the costs for developing and maintaining a training program will decrease because only mine that introduce diesel-powered equipment into their mine will need to develop and maintain a training program. MSHA estimates that 5 large mines (each year), and 1 small mine (every three years), will introduce diesel-powered equipment into their mine. Thus, the annual costs, after the first year, will be about $3,125, of which large mines will incur about $3,000, [5 mines x 16 hrs. x $37.35] and small mines will incur about $125 [(1 mines x 10 hours x $37.35)/3].

Part of the training program noted in paragraph (a) will consist of on the job and/or classroom type training. MSHA expects that each new mechanic will be trained for an average of 5 hours on each type of diesel-powered equipment that requires training. MSHA assumes that training will be provided by an instructor, who is a supervisory person. MSHA determined that, on average, there are 8 different kinds of diesel equipment which will require training in a large mine and 2 in a small mine. MSHA determined that an average of 10 mechanics at large mines and 1 to 2 (for an average of 1.5) mechanics at small mines will receive diesel equipment training. Based upon a wage rate of $26 per hour for a mechanic and $37.35 per hour for a supervisor, the initial cost for receiving initial training in accordance with paragraph (a) will be $1,890,725, all of which is a one time cost. Of the $1,890,725, large mines will incur about $1,879,250 [((5 hrs. x 8 types x $26 wage x 10 mechanics) + (5 hrs. x 8 types x $37.35 wage)) x 158 mines] and; small mines will incur $11,475 [((5 hrs. x 2 types x $26 wage x 1.5 mechanics) + (5 hrs. x 2 types x $37.35 wage)) x 15 mines]. The $1,890,725 was annualized at 7 percent to be about $132,350, of which large mines will incur about $131,550 [$1,879,250 x 0.07] and small mines will incur about $800 [$11,475 x 0.07]. In addition, due to worker turnover, an average of 1 new mechanic annually in each large mine is estimated to take the initial training program annually. Thus, the annual training cost related to mechanic turnover at large mines will be about $400,375 [((5 hrs. x 8 types x $26 wage x 1 mechanic) + (5 hrs. x 8 types x $37.35 wage)) x 158 mines].

Also, as part of the training program noted in paragraph (a) mine operators will initiate a written and/or hands on test. The cost to develop the written and/or hands on test is included in the cost determination in paragraph (b)(5). MSHA estimates that the time required to administer and take a written and/or hands on test will be about 1.5 hours in a large mine and about 30 minutes in a small mine. The dollar amount for lost labor time of the miners, due to taking the test, will be about $390 [$26 wage x 1.5 hrs. x 10 mechanics] at a large mine and about $20 [$26 wage x 30/60 x 1.5 mechanic] at a small mine. In addition, an instructor earning a supervisory wage rate will administer the exam, the dollar amount of lost supervisory labor time will be about $56 [$37.35 wage x 1.5 hrs.] in a large mine and about $18 [$37.35 wage x 30/60] in a small mine. The initial costs for taking the written and/or hands on test will be $71,050, all of which are a one-time cost. Of the $71,050, large mines will incur about $70,475 [($390 + $56) x 158 mines] and small mines will incur about $575 [($20 + $18) x 15 mines]. The $71,050 was annualized at 7 percent to be about $5,000, of which large and small mines will incur about $4,950 [$70,475 x 0.07] and $50 [$575 x 0.07], respectively. In addition, due to employee turnover an average of 1 mechanic in each large mine will need to take the initial written and/or hands on test, annually. Thus, the annual costs for giving such a yearly test at large mines will be about $15,025 [((1.5 hrs. x $37.35 x 1 supervisor) + (1.5 hrs. x $26 x 1 mechanic)) x 158 mines].

Further, paragraph (a) also encompasses retraining. The final rule, however, does not mandate retraining at specified intervals. MSHA has concluded that each mine operator should tailor its retraining to the conditions and practices at each mine to ensure that all persons who work on diesel-powered equipment maintain the requisite level of expertise. With respect to receiving retraining, MSHA assumes that it will be implemented every three years and take an average of 30 minutes of labor per type of diesel equipment for a mechanic to receive the retraining. Thus, retraining per mechanic will take 4 hours [30 minutes x 8 types] at large mines and 1 hour [30 minutes x 2 types] at small mines. The retraining may take the form of a discussion session or demonstration of abilities required that will be given by a person earning a supervisor wage of $37.35 per hour. Since, the first retraining will not take place until three years after the introductory training noted in paragraph (a) is given, the initial retraining costs determined below are multiplied by a net present value factor of 0.816. This net present value figure reflects the fact that because of inflationary factors, dollars spent in the future are not as valuable as those spent today. The retraining program costs will be about $157,050. Of the $157,050, large mines will incur about $153,300 [((4 hrs. x 10 mechanics x $26 wage) + (4 hrs. x $37.35 wage)) x 158 mines x 0.816] and; small mines will incur about $3,750 [((4 hrs. x 1.5 mechanics x $26 wage) + (4 hrs. x $37.35 wage)) x 15 mines x 0.816]. The $157,050 was annualized at 7 percent to be $11,025, of which large mines will incur $10,750 [$153,300 x 0.07] and small mines will incur $275 [$3,750 x 0.07].

With respect to § 75.1915(a), total initial costs will be about $2.11 million, of which large and small mines will incur about $2.10 million and $15,800, respectively. The total annualized costs will be $148,375, of which large and small mines will incur about $147,250 and $1,125, respectively. The total annual costs will be about $415,400 which will all be incurred by large mines.

Sections 75.1915(b)(1) through (b)(4) lists requirements that must be included in a written training and qualification program. The compliance costs associated with these provisions have been calculated above as part of the costs of developing a training program in § 75.1915(b)(5).

Section 75.1915(c) states the manner in which records are to be kept. The compliance costs related to records are contained above in the specific 75.1915 provisions that they apply to.

Section 75.1916 - Traffic Rules for Diesel-Powered Equipment

This section addresses speed limits and other traffic restriction on roadways where diesel-powered equipment is operated. The total initial costs are $61,200, of which large mines will incur $59,000 and small mines will incur $2,200. The total annualized costs are $ 8,725, of which large and small mines will incur $8,400 and $325, respectively.

Sections 75.1916(a) and (b) require that diesel-powered equipment be operated at a speed that is consistent with the type of equipment being operated, roadway conditions, grades, clearances, visibility and other traffic. Further, operators of mobile diesel-powered equipment shall have full control of the machine while it is in motion. Such requirements are either current industry practice, or consist of negligible or no costs. Thus, there are no compliance costs determined for these provisions.

Section 75.1916(c) requires that a mine have standardized traffic warning signs. MSHA estimates that approximately 75 percent of all mines (118 large mines and 11 small mines) do not have standardized warning signs or would have to change existing signs in order to come into compliance with the rule as it concerns diesel-powered equipment. On average it is estimated that a large mine will require 10 signs and a small mine will require 4 signs. A traffic sign constructed with reflective sheeting on aluminum will costs on average about $50 per sign.

The initial cost for standardized traffic signs will be $61,200, of which large and small mines will incur about $59,000 [$50 x 10 signs x 118 mines] and $2,200 [$50 x 4 signs x 11 mines], respectively. The $61,200 was annualized over a 10 year period to be $8,725, of which large and small mines will incur about $8,400 ($59,000 x 0.142) and $325 (2,200 x 0.142), respectively.

Sections 75.1916(d) and (e) require that except as required in normal mining operations, mobile diesel-powered shall not be idled and that diesel-powered equipment must not be operated unattended. These provisions are working practices and there are no compliance costs.

OTHER ISSUES UNDER PART 75

In the proposed rule, under the heading "Other Issues Under 30 CFR part 75," MSHA identified a number of sections in existing part 75 that might require amendment to make them applicable to diesel-powered equipment. Specifically, these sections were §§ 75.313, 75.400, 75.400-2, 75.523, 75.523-1, 75.523-2, 75.1710, and 75.1710-1. The final rule does not affect all of these sections. Below is a discussion of those sections mentioned as "other issues" that are affected by this final rule.

Section 75.342 requires methane monitors on certain diesel-powered equipment noted in § 75.342(a)(1). The requirements in this section replaced § 75.313 that was mentioned in the proposed diesel rule. There are no compliance costs for this section because the diesel-powered equipment which will require a methane monitor by this rule are already so equipped by industry practice.

Sections 75.1710 and 75.1710-1 require that (except as provided for in paragraph (f) of § 75.1710-1) all self-propelled diesel-powered face equipment that is employed in the active workings of each underground coal mine be equipped with substantially constructed canopy or cab. In addition, paragraph (e) requires that evidence be attached to the cab or canopy confirming that it has been substantially constructed and written evidence concerning such confirmation be maintained. There are no compliance costs because the diesel-powered equipment which will require cabs or canopies by this provision are already equipped with such equipment and mine operators are currently complying with the requirements noted in paragraph (e).

Section 75.400 requires that coal dust, loose coal, and other combustible materials, be cleaned up and not be permitted to accumulate on diesel-powered equipment. There are no compliance costs associated with this section because equipment clean up, regardless of the power source of the machine, is a current work practice. Section 75.400-2 requires that a program for regular clean up and removal of accumulation of coal and float coal dusts, loose coal, and other combustibles be established and maintained. The program must be available to the Secretary or authorized representative. Since § 75.400 already applies to diesel-powered equipment, this equipment would be covered under any requirement for a clean up program in existing § 75.400-2. Thus, there are no compliance costs.

Sections 75.523-1&2 require the installation of panic bars on permissible equipment. Currently diesel-powered face equipment is provided with operator compartments that are substantially constructed and provided with a canopy which meets § 75.1710-1 requirements. Thus, protection for equipment operators has been furnished equal to the protection that a panic bar would provide. In addition, § 523-3 requires automatic emergency parking brakes on diesel-powered equipment. The cost and applicable requirements for this are addressed in § 75.1909.

REFERENCES

1. U.S. Department of Labor. Bureau of Labor Statistics.
     Employment and Earnings. Volume 42 No. 3. Washington,
     D. C. March 1995.

2. Western Mine Engineering. Mine Cost Service. Edited by
     Otto L. Schumacher. Spokane, Washington. Western Mine
     Engineering. 1995.

3. U.S. Department of Labor. Bureau of Labor Statistics.
     Occupational Compensation Survey - National Summary 1993.
     Bulletin 2458. Washington, D.C. December 1994.

4. Western Mine Engineering, Inc. U.S. Coal Mine Salaries,
     Wages and Benefits 1993-1994 Survey Results. 1994

5. U.S. Dept. of Labor. Mine Safety and Health Administration.
     Salt Lake City, Utah Hearing Transcripts Concerning MSHA's
     30 CFR Parts 7, 70, 75 (Approval Requirements for Diesel-Powered
     Machines and Approval, Exposure Monitoring, and
     Safety Requirements for the Use of Diesel-Powered Equipment
     in Underground Coal Mines, Proposed Rules). Volume II,
     p. 308, lines 23 through 25. January 30 and 31, 1991.





V. REGULATORY FLEXIBILITY ANALYSIS


INTRODUCTION

The Regulatory Flexibility Act (Reg Flex Act) requires that agencies evaluate proposed and final rules to determine the regulatory impact on small entities and to ensure that all regulatory alternatives have been analyzed so that the published rules maximize flexibility for small entities. In compliance with the Regulatory Flexibility Act, MSHA has crafted a final rule to meet the Regulatory Flexibility Act's requirements.

LEGAL BASIS FOR FINAL RULE

This final rule is being issued by MSHA in accordance with section 101 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 811) (Mine Act). Specifically, this final rule will address Congress' intent that the Mine Act protect miners and other persons from hazards on mine property.

THE FINAL RULE'S ECONOMIC IMPACT

The final rule establishes comprehensive requirements governing the use of diesel-powered equipment in underground coal mines. The final rule does this by addressing fire, explosion and other hazards of diesel machines; the storage, transportation and dispensing of diesel fuel underground; maintenance of the equipment; and emission hazards from diesel engines. As a result, the per year cost of the rule for large and small mine operators will be $10.1 million and $210,800, respectively. On an average basis, the per year cost of the final rule on a large mine will be approximately $63,925 and $14,100 for a small mine. The requirements in this rule will decrease the chances of a fire or explosion in an underground coal mine that can be caused by a piece of diesel machinery and minimize the severity in the event that a fire would occur. The possible financial loss of machinery and production from a diesel machine fire can substantially outweigh the annual cost per mine of this final rule. For example, a diesel fire that destroys a permissible heavy duty diesel machine could cost $250,000 just to replace the machine. Nonpermissible light duty diesel machines cost, on average, about $60,000. The financial loss to a mine operator could quickly escalate in a large mine if a diesel fire spreads throughout the mine. A large mine could have 20 or 30 permissible diesel machines and as much as 100 nonpermissible diesel machines. Although small mines generally tend to have few pieces of diesel-powered equipment, replacement costs of even one permissible heavy duty machine could have a major financial impact on a small mine. In addition, the financial damage from a diesel-powered equipment fire can be greater that just the cost of the machine. For example, on December 29, 1983, a Wagner diesel-powered utility truck caught on fire at the Emery Mining Corporation's Beehive Mine in Utah. The Beehive Mine was a small underground coal mine employing fewer than 10 people. The diesel fire rapidly spread throughout the mine resulting in the closure of the entire mine and the loss of annual coal production revenues of $3.1 million. Also, in the event that a diesel fire causes injury or death, a mine operator could face significant legal costs.

Requirements in the final rule not only serve to prevent fires on diesel machines but also increase the productive usage of such equipment. For example, requirements in § 75.1914 concerning the maintenance of diesel-powered equipment, such as flushing water scrubbers after shift and weekly inspections of diesel machinery, will ensure that diesel-powered equipment does not deteriorate through neglect or abuse. Machine defects or malfunctions that are not discovered and corrected could result in increased machine down time and decrease the life of the machine.

Mine operators may be able to lessen the impact of the compliance costs of this final rule, because the effective date of certain provisions is delayed to reduce the economic impact of the rule. This will reduce the disruption of mine operators management of equipment inventory. During this period mine operators will have the choice of whether to incur immediate modification costs for existing pieces of diesel-powered equipment, or forego such modifications and replace worn out equipment with new equipment when the delayed provisions become effective. The time frames in the final rule were established after careful consideration of the useful life of diesel-powered equipment and components, in order to lessen the financial burden of the requirements of the final rule.

The compliance costs of the final rule are not expected to have a significant negative impact upon current use of diesel-powered equipment or upon its rate of growth. Although, in the short run the rule increases the cost of using diesel-powered equipment, it also enhances the safety and health aspects concerning the use of the equipment, which in the long run is expected to increase the usefulness of such equipment in the underground coal mining environment.

IMPACT ON SMALL MINES

The final rule will not have a significant impact upon small mines. The rule will affect only underground coal mines that use diesel-powered equipment. The 173 underground coal mines that currently use diesel-powered equipment and are affected by the final rule account for only 16 percent of all underground coal mines (173 mines / 1,072 mines). Most underground coal mines that use diesel-powered equipment are large mines that employ 20 or more miners. Of the 173 mines, noted above, only 15 are small mines that employ 19 or fewer miners. Thus, less than 2 percent of all underground coal mines affected by this rule are small mines. In addition, of the final rule cost impact of $10.3 million on mine operators only $210,800 is related to small mine operators. Further, generally, small underground coal mines that use diesel-powered equipment are not likely to have underground diesel fuel storage facilities, thus, the regulations in the final rule that concern such facilities will not apply to most small mines.

A diesel-powered machine poses the same fire and explosion safety and health hazards that have been discussed in this analysis, whether the equipment is in a small or large mine. Whether the mine is small or large, the diesel-powered equipment used underground has the same ignition and fuel sources that are hazardous and the same combustible materials (i.e., coal dust and methane). Thus, the safety and health hazards of diesel-powered equipment need to be addressed regardless of mine size. The regulations of the final rule will help to ensure that diesel-powered equipment in small underground coal mines operate in a manner which reduces the chances of such equipment causing a fire or explosion.

SIGNIFIGANT ALTERNATIVES

The Regulatory Flexibility Analysis Act requires agencies which are developing regulatory rules to evaluate and include, whenever possible, compliance alternatives that minimize the adverse impact on small businesses when developing regulatory standards.

Although this final rule was proposed in October 1989 before the Small Business Regulatory Enforcement Fairness Act of 1996, the impact upon small mines was a consideration in the development of the final rule. The final rule will not significantly affect small mines because most diesel-powered equipment is found in large mines and such equipment is not generally found in small underground coal mines. In addition, small mines that do have diesel-powered equipment do not have large numbers of such equipment. However, in developing the final rule, alternatives were chosen with the objective of implementing the rules standards while minimizing the burden to mines, including small mines. For example, various safety requirements of the rule were purposely written to be performance based standards, so that mine operators could choose the most economic way to implement the requirement as it concerns their specific mine situations. Requirements for sampling certain toxic gases established in the rule are integrated into the existing sampling practices of mine operators. The number of inspections of undiluted diesel exhaust required by the rule and various recordkeeping provisions were substantially reduced from the proposed rule. Even though the final rule's impact upon small mines is not significant, the paperwork burden imposed on small mines has been reduced when compared to the proposed rule.

RECORDKEEPING

In accordance with the Regulatory Flexibility Act and the Paperwork Reduction Act of 1995, MSHA has analyzed the paperwork burden for mines, including small mines. MSHA estimates that the final rule will result in net paperwork burden hours to manufacturers of 558 hours, of which 790 hours are related to new burden hours required under part 7, subparts E and F, and 232 hours are related to decreased burden hours related to existing parts 36 and 32. In the first year the final rule is in effect the burden hours on mine operators will be 56,258, of which large and small mine operators will incur 54,774 and 1,484 hours. After the first year, the burden hours to mine operators will be 52,228, of which large and small mine operators will incur 50,949 and 1,279 hours. The total new paperwork burden hours to mine operators and manufacturers, in the first year the final rule becomes effective, will be 56,816 [56,258 + (790 - 232)]. After the first year, the total new paperwork burden hours to mine operators and manufacturers will be 52,786 [52,228 + (790 - 232)]. The bulk of the burden hours are related to making records which concern inspections of diesel-powered machinery, fire suppression systems and undiluted diesel exhaust emissions. These recordkeeping requirements have been substantially reduced from the proposed rule, thereby, lessening the burden impact to small mines. Part VII of this analysis contains an explanation of how paperwork burden hours and related costs were determined for each final rule provision that has a paperwork requirement.

REGULATORY RELIEF

While MSHA has not exempted small mine operators from any provision of the final rule, the requirements have been designed to minimize the burden imposed on the industry. As noted above, the cost impact on small mine operators is very small. Of the $10.3 million per year cost to underground coal mine operators, only about 2 percent ($210,800) is related to small mines, representing less than 1 percent of the value of mine production for small underground coal mines.

VI. UNFUNDED MANDATES REFORM ACT OF 1995

The Unfunded Mandates Reform Act of 1995 requires Federal agencies to: (1) develop a process to permit state, local, and tribal governments to provide input to the rule making process and; (2) prepare estimates of the budgetary impact of regulations on state, local, and tribal governments and the private sector before adopting such regulations. MSHA's rule making process for this rulemaking comports with these requirements.

On October 4, 1989 MSHA issued a proposed rulemaking for 30 CFR parts 7, 70, and 75 "Approval Requirements for Diesel-powered Machines and Approval, Exposure Monitoring, and Safety Requirements for the Use of Diesel-Powered Equipment in Underground Coal Mines; Proposed Rules". The Agency received approximately 200 responses, none of which came from state or local governments.

For purposed of the Unfunded Mandates Reform Act of 1995, as well as Executive Order No. 12875, this rule does not include any federal mandate that may result in increased expenditures by either state, local and tribal governments in the aggregate, or increased expenditures of more than $100 million by the private sector.

VII. PAPERWORK REDUCTION ACT OF 1995

INTRODUCTION

The final rule contains information collection requirements in part 7, subpart E and F, and in §§ 75.363, 75.370, 75.1901, 75.1904, 75.1911, 75.1912, 75.1914, and 75.1915. In addition, the final rule eliminates information collection requirements that are associated with part 32, and 36. Those required to provide the information are the mine operators that use diesel-powered equipment in their mines and manufacturers of diesel-powered engines and power packages. Costs for engine and power package tests required under part 7 and performed by third parties is shown, however, burden hours to manufacturers are not associated with third party testing. The following provides the details of how the burden hours and costs related to those burden hours were determined.

PART 7 - SUBPART E - (PERMISSIBLE ENGINE MODELS)

Section 7.83 Currently, manufacturers file applications seeking approval from MSHA for new permissible engine models under existing part 36 regulations. As part of this approval process, a maximum fuel/air ratio test and a gaseous ventilation test is performed. As a result of the final rule, manufacturers will now file applications for approval of new permissible engine models under part 7, subpart E, instead of part 36.

MSHA estimates that it will take about 43 burden hours, at a rate of $75 per hour, for manufacturers to prepare and submit the application related to the maximum fuel/air ratio test and the gaseous ventilation rate test for a new permissible engine model. The application costs are not new to manufacturers.

Annual Burden Hours For Part 7, Subpart E, §7.83
For New Permissible Engine Model Applications
          1.5 applications per year seeking approval for
          new permissible engine models x 43 hours          =           65 hours

Annual Cost For Part 7, Subpart E, §7.83
For New Permissible Engine Models Applications
          1.5 applications per year seeking approval for
          new permissible engine models x 43 hours
           x $75 per hour                                                 =           $4,838

SECTIONS 7.87 and 7.88 The promulgation of part 7 in the final rule will allow manufacturers to have the maximum fuel/air ratio test and the gaseous ventilation test for a new permissible engine model to be performed by a third party. Under the final rule, the maximum fuel/air ratio test is required by § 7.87 and the gaseous ventilation test is required by § 7.88.

MSHA estimates the cost to have these tests done on a new permissible engine model to be about $10,000. This is not a new cost incurred by manufacturers under part 7, subpart E, because these tests were formally performed under existing part 36.

Annual Cost to Perform Tests for New Permissible Engine Models Required by §§7.83 and 7.87           1.5 applications per year for new permissible engine
          models X $10,000                                            =           $15,000

Sections 7.83 New permissible engine models approved under part 7, subpart E will need an additional test to determine the particulate index of the engine model. This test is not required under existing part 36 regulations. Thus, there will be an increase in the burden to manufacturers under part 7, subpart E, when the testing for the particulate index is conducted for new permissible engine models.

The paperwork required by manufacturers regarding the particulate index test for new permissible engine models can be attached to the application for new permissible engine models filed concerning the maximum fuel/air ratio and gaseous ventilation tests. However, an additional 30 minutes (0.5 hours) will be needed to record particulate test information on the application. The per hour rate to record such information is estimated to be $75.

Annual Burden Hours For Part 7, Subpart E, §7.83 For Particulate
Index Test For New Permissible Engine Model Applications
          1.5 applications per year for new permissible engine
          models X 0.5 hours                                            =           1 hour

Annual Cost for Part 7, Subpart E, §7.83 For Particulate
Index Test for New Permissible Engine Model Applications
          1.5 applications per year seeking approval for
          new permissible engine models x 0.5 hours
          x $75 per hour                                                  =           $56

SECTION 7.89 The promulgation of part 7 in the final rule will allow manufacturers to have the particulate index test for a new permissible engine model to be performed by a third party. Under the final rule, the particulate index test is required by § 7.89.

MSHA estimates that a particulate index test for a new permissible engine model that is already set up to run a maximum fuel/air ratio test and gaseous ventilation test will cost about $4,000. The particulate index test is not currently required under existing part 36 regulations and thus is a new cost to manufacturers.

Annual Cost to Perform Particulate Index Test for
New Permissible Engine Models Required by §7.89
          1.5 applications per year for new
          permissible engine models X $4,000                  =           $6,000

PART 7 - SUBPART E
NONPERMISSIBLE ENGINE MODELS WITH PART 32 APPROVAL

Section 7.83 Currently, manufacturers file applications seeking MSHA approval for nonpermissible engine models under existing part 32 regulations. As part of this approval process a maximum fuel/air ratio test and a gaseous ventilation test is performed. As a result of the final rule, manufacturers will need to file applications for approval of new nonpermissible engine models under part 7, subpart E, rather than part 32.

MSHA estimates that it will take about 34 burden hours, at a rate of $75 per hour, for manufacturers to prepare and submit the application related to the maximum fuel/air ratio test and the gaseous ventilation rate test for a new nonpermissible engine model. The application costs are not new to manufacturers.

Annual Burden Hours For Part 7, Subpart E - §7.83
For New Nonpermissible Engine Model Applications
          2.5 applications per year seeking approval for
          new nonpermissible engine models x 34 hours       =          85 hours

Annual Cost For Part 7, Subpart E - §7.83
For New Nonpermissible Engine Model Applications
          2.5 applications per year seeking approval for
          new nonpermissible engine models x 34 hours
          x $75 per hour                                                    =          $6,375

SECTIONS 7.87 and 7.88 The promulgation of part 7 of the final rule will allow manufacturers to have the maximum fuel/air ratio test and the gaseous ventilation test for a new nonpermissible engine model to be performed by a third party. Under the final rule, the maximum fuel/air ratio test is required by § 7.87 and the gaseous ventilation test is required by § 7.88.

MSHA estimates the cost to have these tests done on a new permissible engine model to be about $10,000. This is not a new cost incurred by manufacturers under part 7, subpart E. The tests were formally conducted under existing part 36.

Annual Cost to Perform Tests for New Nonpermissible
Engine Models Required by §§7.83 and 7.87
          2.5 applications per year for new nonpermissible
          engine models X $10,000                                =          $25,000

Sections 7.83 New nonpermissible engine models approved under part 7, subpart E will need an additional test to determine the particulate index of the engine model. This test was not required under part 32 regulations. Thus, there will be an increase in the burden to manufacturers under part 7, subpart E, when the particulate index testing is conducted for new nonpermissible engine models.

The paperwork required by manufacturers regarding the particulate index test for new nonpermissible engine models can be attached to the application for new nonpermissible engine models filed concerning the maximum fuel/air ratio and gaseous ventilation tests. However, an additional 30 minutes (0.5 hours) will be needed to record particulate test information on the application. The per hour rate to record such information is estimated to be $75.

Annual Burden Hours For Part 7, Subpart E, §7.83 For Particulate
Index Test For New Nonpermissible Engine Model Applications
          2.5 applications per year seeking approval for
          new nonpermissible engine models x 0.5 hours  =          1 hour

Annual Cost For Part 7, Subpart E, §7.83 For Particulate
Index Test for New nonpermissible Engine Model Applications
          2.5 applications per year seeking approval for
          new permissible engine models x 0.5 hours
                   x $75 per hour                                         =          $94

SECTION 7.89 The promulgation of pat 7 of the final rule will allow manufacturers to have the particulate index test for a new nonpermissible engine model to be performed by a third party. Under the final rule, the particulate index test is required by § 7.89.

MSHA estimates that a particulate index test for a new nonpermissible engine model that is already set up to run a maximum fuel/air ratio test and gaseous ventilation test will cost about $4,000. The particulate index test is not currently required under part 32 regulations and thus is a new cost to manufacturers.

Annual Cost to Perform Particulate Index Test for
New Nonpermissible Engine Models Required by §7.89
          2.5 applications per year for new
          permissible engine models X $4,000                =               $10,000

Sections 7.83 Under part 7, subpart E, existing nonpermissible engine models previously approved under part 32, will need a particulate index test. This test was not required under part 32 regulations. Thus, there will be an increase in the burden to manufacturers under part 7, subpart E, when testing for the particulate index is conducted for existing nonpermissible engine models.

Since the application for existing nonpermissible engine models has already been filed, an amended or even a new application detailing the particulate index test will be required. MSHA estimates that it will take about 5 burden hours, at a rate of $75 per hour, for manufacturers to prepare and submit the application related to the particulate index test for an existing nonpermissible engine model that has part 32 approval. Application costs are annualized at a 7 percent rate.

Burden Hours For Part 7, Subpart E, §7.83
for a Particulate Index Test for
Existing Nonpermissible Engine Model Applications
          16 applications per year seeking approval
          for existing nonpermissible engine models
          x 5 hours                                                   =               80 hours

One Time Cost for Part 7, Subpart E, §7.83
For Particulate Index Test for
Existing Nonpermissible Engine Model Applications
          16 applications per year seeking approval
          for existing nonpermissible engine models
          x 5 hours x $75 per hour x 0.07                =                $420

SECTION 7.89 The promulgation of part 7 of the final rule will allow manufacturers to have the particulate index test for an existing nonpermissible engine model to be performed by a third party. Under the final rule, the particulate index test is required by § 7.89.

A particulate index test for existing engine models not already set up to run a maximum fuel/air ratio test and gaseous ventilation test is about $10,000, which includes time to set up and conduct the test. With respect to existing nonpermissible engine models, the cost of the particulate index test will occur only once. Thus, costs are annualized at a rate of 7 percent. The particulate index test is not currently required under part 32 regulations and thus is a new cost to manufacturers.

Annualized Cost to Perform Particulate Index Test for
Existing Nonpermissible Engine Models Required by §7.89
          16 applications for existing nonpermissible engine
           models x $10,000 x 0.07                          =               $11,200

PART 7 - SUBPART E
NONPERMISSIBLE ENGINE MODELS WITHOUT PART 32 APPROVAL

Section 7.83 Currently, there are nonpermissible engine models that lack part 32 approval but still are used in underground coal mines. MSHA estimates that 1 such existing nonpermissible engine model will be approved under part 7, subpart E.

This 1 existing nonpermissible engine model will incur burden hours for an application to be filed related to tests for a maximum fuel/air ratio; a gaseous ventilation rate; and a particulate index.

MSHA estimates that it will take about 34.5 burden hours at a rate of $75 per hour, for a manufacturer to prepare and submit the application related to all three tests for an existing nonpermissible engine model that lacks part 32 approval. The application costs are annualized at a rate of 7 percent.

Burden Hours For Part 7, Subpart E, §7.83 Application For an
Existing Nonpermissible Engine Model Without Part 32 Approval
          1 application for an existing nonpermissible
          engine model without part 32 approval
          x 34.5 hours                                                   =                 35 hours

One Time Costs For Part 7, Subpart E, §7.83 Application For an
Existing Nonpermissible Engine Model Without Part 32 Approval
          1 application for an existing nonpermissible
          engine model without part 32 approval
          x 34.5 hours x $75 per hour x 0.07                 =                 $181

SECTION 7.89 Under the final rule the engines noted above will need a maximum fuel/air ratio test (required by § 7.87), gaseous ventilation test (required by § 7.88), and a particulate index test (required by § 7.89).

The promulgation of part 7 of the final rule will allow a manufacturer to have all three tests for an existing nonpermissible engine model lacking part 32 approval to be performed by a third party. The cost to conduct all three tests is $14,000. The costs are annualized at a rate of 7 percent, because they are associated with tests on an existing engine model. This is a new cost to manufacturers.

Annualized Cost to Perform all Three Tests for
an Existing Nonpermissible Engine Model
Required by §§7.87, 7.88, and 7.89
          1 application seeking approval for existing
          nonpermissible engine model that lacks part 32
          approval x $14,000 x 0.07                                =                $1,000

Section 7.83 MSHA estimates that a manufacturer will file an application annually to seek approval under part 7, subpart E, for a new nonpermissible engine model that lacks part 32 approval.

This one new nonpermissible engine model will incur burden hours for an application to be filed related to tests for a maximum fuel/air ratio; a gaseous ventilation rate; and a particulate index.

MSHA estimates that it will take about 34.5 burden hours at a rate of $75 per hour, for a manufacturer to prepare and submit the application related to all three tests for a new nonpermissible engine model that lacks part 32 approval. This is a new application costs to manufacturers.

Burden Hours For Part 7, Subpart E, §7.83 Application For
a New Nonpermissible Engine Model Without Part 32 Approval
          1 application for a new nonpermissible
          engine model without part 32 approval
          x 34.5 hours                                                    =               35 hours

Annual Costs For Part 7, Subpart E, §7.83 Application For
a New Nonpermissible Engine Model Without Part 32 Approval
          1 application for a new nonpermissible
          engine model without part 32 approval
          x 34.5 hours x $75 per hour                             =                $2,587

Section 7.83 Under the final rule the engines noted above will need a maximum fuel/air ratio test (required by § 7.87), a gaseous ventilation test (required by § 7.88), and a particulate index test (required by § 7.89).

The promulgation of part 7 of the final rule will allow a manufacturer to have all three tests for a new nonpermissible engine model lacking part 32 approval to be performed by a third party.

MSHA estimates that the cost to conduct all three tests is $14,000. This is a new cost to manufacturers.

Annual Cost to Perform all Three Tests for a New Nonpermissible
Engine Model Required by §§7.87, 7.88, and 7.89
          1 application seeking approval for a new
          nonpermissible engine model that lacks part 32
          approval x $14,000                                                =                 $14,000

PART 7, SUBPART E,
Section 7.90 requires that a permanent and legible approval plate containing specific information be attached to new diesel-powered equipment by manufacturers. It is estimated to take about 10 minutes (0.1667 hours) to install a plate. The installation cost, which includes the time it takes to install the plate, will be about $2.90 per plate.

Installation Burden Hours:
          20 new permissible diesel pieces
          per year x 0.1667 hours                                          =                3 hours

          128 new nonpermissible diesel
          pieces per year x 0.1667 hours                                =              21 hours
                                                                                                         24 hours

Installation Burden Hour Annual Costs:
          20 new permissible diesel pieces
          per year x $2.90 per plate                                      =             $58

          128 new nonpermissible diesel
          pieces per year x $2.90                                         =            $371
                                                                                                     $429

PART 7 - SUBPART F
NEW PERMISSIBLE POWER PACKAGES

Sections 7.97 Currently, manufacturers file applications for approval for new safety components systems (which are similar to power packages) under part 36. As a result of the promulgation of the final rule, applications for power packages will be filed under part 7, subpart F, instead of part 36.

MSHA estimates that manufacturers will file applications for between 1 to 2 (for an average of 1.5) power packages annually. MSHA estimates that it will take about 43 burden hours, at a cost of $75 per hour, for manufacturers to prepare and submit the application related to the power package for a permissible engine model. The application costs are not new to manufacturers.

Annual Burden Hours For Part 7, Subpart F, §7.97
For New Permissible Power Package Model Applications
          201.5 applications per year seeking approval for
          20new permissible power package models
          20x 43 hours                                                      =            65 hours

Annual Costs For Part 7, Subpart F, §7.97
For New Permissible Power Package Model Applications
          1.5 applications per year seeking approval for
          new permissible power package models
          x 43 hours x $75 per hour                                   =            $4,838

Sections 7.100 through 7.104 The promulgation of part 7 of the final rule will allow manufacturers to have the tests on power packages for new permissible engine models to be performed by a third party. Under the final rule, these tests are required by § 7.100-Explosion Test, § 7.101-Surface Temperature Test, § 7.102-Exhaust Gas Cooling Efficiency Test, § 7.103-Safety System Control Test, and § 7.104-Internal Static Pressure Test.

MSHA estimates the cost to have these tests done on a power package for new permissible engine model to be about $20,000. This is not a new cost incurred by manufacturers because these tests are currently done when manufacturers file applications for approval of new safety components systems (which are similar to power packages) under existing part 36. The final rule requires manufacturers to have these tests done under part 7, subpart E, instead of under part 36.

Annual Costs For Part 7, Subpart F, Tests
For New Permissible Power Package Model
Tests Required by §§7.100 through 7.104
          1.5 applications per year for
          new permissible power package models
          x $20,000                                                              =            $30,000

PART 7 - SUBPART F
EXISTING PERMISSIBLE POWER PACKAGES

Sections 7.97 Certain safety component systems previously approved under part 36 could be used to comply with the requirements for a part 7, subpart F, power package if the manufacturer files with MSHA to request that the safety components system previously approved under part 36 now be approved under part 7, subpart F. MSHA estimates that this will affect about 33 existing safety component systems for which approvals will be required under part 7, subpart F. Results from tests done under existing part 36 could be used to fulfill a majority of the part 7, subpart F, requirements. However, additional testing is needed.

MSHA estimates that it will take about 12 hours, at a rate of $75 per hour, for manufacturers to prepare and submit the application related to the additional testing needed for the power packages for permissible engines. These applications are new to manufacturers but will need to be submitted one time only. Thus, the application costs are annualized at a rate of 7 percent.

One Time Burden Hours for Part 7, Subpart F, §7.97 for Modified
Applications for Power Packages for Permissible Engine Models
          33 existing power package applications
          x 12 hours                                                  =            396 hours

Annualized Costs for Part 7, Subpart F, §7.97 for Modified
Applications for Power Packages for Permissible Engine Models
          33 existing power package applications x 12 hours
          x $75 per hour x 0.07                                 =            $2,079

Sections 7.100 through 7.104
MSHA estimates that this will affect 33 existing safety components systems for which approvals will be needed under part 7, subpart F. Results from tests done under existing part 36 could be used to fulfill the majority of the part 7, subpart F, required by §§7.100 through 7.104. However, additional testing is required that will cost approximately $1,600. These costs will not reoccur annually, and thus, are annualized at a rate of 7 percent.

The promulgation of part 7 of the final rule will allow manufacturers to have the additional tests for these safety component systems on permissible engine models to be performed by a third party.

Annualized Costs For Part 7, Subpart F, For Additional Tests
          33 existing power package applications
          x $1,600 per power package application
          x 0.07                                                              =            $3,696

PART 7, SUBPART F
Section 7.105 requires that a permanent and legible approval plate containing specific information be attached to new safety power packages that are placed on diesel- powered machines by manufacturers. It is estimated to take about 10 minutes (0.1667 hours) to install a plate. The installation cost, which includes the time it takes to install the plate, will be about $2.90 per plate.

Installation Burden Hours:
          20 safety power packages placed on permissible
          diesel pieces x 0.1667 hours                              =            3 hours

Installation Burden Hour Annual Costs:
          20 safety power packages placed on permissible
          diesel pieces x $2.90 per plate                           =            $58

Section 75.363 requires records to be made when the results of sampling in certain areas of the mine exceed an action level of 50 percent of the threshold value limit for concentrations of carbon monoxide and nitrogen dioxide. MSHA estimates that 100 large and 10 small mines are affected by this provision. Annually, each large mine will make 10 records and each small mine will make 10 records. It will take 10 minutes (0.1667 hours) in a large mine and 5 minutes (0.0833 hours) in a small mine to make and maintain the record, by an examiner earning $34.50 per hour.

As a result of this provision, mines will need to purchase equipment. Equipment costs for this provision are in question 13.

Burden Hour Time to Take the Samples:
          100 large mines x 10 samples per year
          x 0.0167 hours                                                  =            17 hours

          10 small mines x 10 samples per year
          x 0.0167 hours                                                  =              2 hours
                                                                                                  19 hours

Recordkeeping Burden Hours:
          100 large mines x 10 samples per year
          x 0.1667 hours                                                  =          167 hours

          10 small mines x 10 samples per year
          x 0.0833 hours                                                 =               8 hours
                                                                                               175 hours

      TOTAL INCREASED BURDEN HOURS FOR 75.363   19 + 175 = 194

Burden Hour Annual Costs Related to Burden Hour
Time to Take Samples:
          100 large mines x 10 samples per year
          x 0.0167 hours x $34.50 wage]                        =                $576

          10 small mines x 10 samples per year
          x 0.0167 hours x $34.50 wage]                       =                  $ 57
                                                                                                    $633

Burden Hour Annual Cost Related to Recordkeeping Burden Hours:
          100 large mines x 10 samples per year
          x 0.1667 hours x $34.50 wage                      =                  $5,751

          10 small mines x 10 samples per year
          x 0.0833 hours x $34.50 wage                      =                      $287                                                                                                     $6,038

          TOTAL INCREASED BURDEN COSTS FOR 75.363
                                      $6,327   +   $344  =   $6,671

Sections 75.371(r), (kk), (ll), (mm), (nn), (oo), and (pp)
provide that certain information required in §§ 75.325 and 70.1900 be recorded in the mine operator's ventilation plan required by existing § 75.370. MSHA estimates that the time required to record the additional information in the existing ventilation plan will be 20 minutes (0.3333 hours) in a large mine and 10 minutes (0.1667 hours) in a small mine. The information will be recorded by a mine supervisor earning $37.35 per hour.

Increase in Recordkeeping Burden Hours in Existing § 75.370
          158 large mines x (0.3333 hrs.)                     =           52 hours

          15 small mines x (0.1667 hrs.)                      =              3 hours
                                                                                            55 hours

Annual Costs Related to Increase in Recordkeeping Burden
Hours in Existing § 75.370
          158 large mines x (0.3333 hrs.)
          x $37.35 wage                                              =           $1,975

          15 small mines x (0.1667 hrs.)
          x $37.35 wage                                              =              $100
                                                                                             $2,075

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 on file gas purchasing orders. Thus, this provision will affect 79 (158 x 0.5) large mines and 8 (15 x 0.5) small mines. It is estimated to take 3 minutes (0.05 hours) to file the purchase order by a clerical person earning $10 per hour.

Burden Hour Time to File Away Statement
          79 large mines x 25 weeks x 0.05 hours                =       99 hours

          8 small mines x 20 weeks x 0.05 hours                 =          8 hours
                                                                                              107 hours

Burden Hour Annual Costs related filing statement
          79 large mines x 25 weeks x 0.05 hours
          x $10 wage                                                          =       $1,000

          8 small mines x 20 weeks x 0.05 hours
          x $10 wage                                                          =           $100
                                                                                                $1,100

Section 75.1904(b)(4)(i) requires that diesel fuel tank connections be identified by conspicuous markings that specify the function. About 494 tanks in large diesel mines and 20 tanks in small diesel mines will need to be marked. It will take 2 minutes (0.0333 hours) to mark the connections at a wage rate of $26 per hour. The markings will last for 2 years and thus costs are annualized at 0.553.

Burden Hour Time to Mark Connections:

       494 tanks in large mines x 0.0333 hours = 16 hours
       20 tanks in small mines x 0.0333 hours   =   1 hour
17 hours

Burden Hour Annualized Costs Related to Time to Mark Connections

       [494 tanks in large mines
x (0.0333 hours x $26 wage) x 0.553]

  =

  $236
       [20 tanks in small mines
x (0.0333 hours x $26 wage) x 0.553]

  =

  $  10
  $246

Sections 75.1911(i)&(j) when inspecting diesel machines a record is required to be made for each fire suppression system inspection where 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% of the inspections will show a defect exists. 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 $26 per hour; and manufacturer recommended inspections are estimated to take 1 hour based upon a $80 per hour inspection rate.

Inspection Burden Hour Time Related to Records from Weekly
Inspections

          (2,962 diesel pieces in large mines x 1 inspection per week
          x 50 weeks per year x 0.10 inspections finding defects)
          x 0.25 hours                               =              3,702 hours

          (53 diesel pieces in small mines x 1 inspection per week
          x 40 weeks per year x 0.10 inspections finding defects)
          x 0.25 hours                                =              53 hours

Weekly Inspection Recordkeeping Burden Hours
          (2,962 diesel pieces in large mines x 1 inspection per week
          x 50 weeks per year x 0.10 inspections finding defects)
          x 0.0833 hours                               =         1,234 hours

          (53 diesel pieces in small mines x 1 inspection per week
          x 40 weeks per year x 0.10 inspections finding defects)
          x 0.0833 hours                               =         18 hours

Burden Hour Annual Costs Related to Inspection Burden Hour Time
from Weekly Inspections
          (2,962 diesel pieces in large mines x 1 inspection per wk.
          x 50 weeks per year x 0.10 inspections finding defects)
          x 0.25 hours x $26 wage                 =         $96,265

          (53 diesel pieces in small mines x 1 inspection per week
          x 40 weeks per year x 0.10 inspections finding defects)
          x 0.25 hours x $26 wage                 =            $1,378

Burden Hour Annual Costs Related to Weekly Inspection
Recordkeeping Burden Hours
          (2,962 diesel pieces in large mines x 1 inspection per week
          x 50 weeks per year x 0.10 inspections finding defects)
          x 0.0833 hours x $26 wage              =           $32,075

          (53 diesel pieces in small mines x 1 inspection per week
          x 40 weeks per year x 0.10 inspections finding defects)
          x 0.0833 hours x $26 wage                 =           $459

Recommended Inspections
          (2,962 diesel pieces in large mines x 2 inspections per year
          x 0.10 inspections finding defects) x 1 hour =    592 hours

          (53 diesel pieces in small mines x 2 inspections per year
          x 0.10 inspections finding defects) x 1 hour =    11 hours

Manufacturer Recommended Inspection Recordkeeping Burden Hours
          (2,962 diesel pieces in large mines x 2 inspections per year
          x 0.10 inspections finding defects) x 0.0833 hours =   49
           hours

          (53 diesel pieces in small mines x 2 inspections per year
          x 0.10 inspections finding defects) x 0.0833 hours =   1 hour

Burden Hour Annual Costs Related to Inspection Burden Hour Time
for Manufacturer Recommended Inspections
          (2,962 diesel pieces in large mines x 2 inspections per year
          x 0.10 inspections finding defects) x 1 hour
          x $80 inspection rate per hour                      =     $47,392

          (53 diesel pieces in small mines x 2 inspections per year
          x 0.10 inspections finding defects) x 1 hour
          x $80 inspection rate per hour                      =     $848

Burden Hour Annual Costs Related to Manufacturer Recommended
Inspection Recordkeeping Burden Hours
          (2,962 diesel pieces in large mines x 2 inspections per year
          x 0.10 inspections finding defects) x 0.0833 hours
          x $80 inspection rate per hour                      =     $3,947

          (53 diesel pieces in small mines x 2 inspections per year
          x 0.10 inspections finding defects) x 0.0833 hours
          x $80 inspection rate per hour                     =     $70

Weekly Inspection and Record Burden Hours
          Large mines     (3,702 + 1,233)                      =     4,935 hours
          Small mines     (      53 +      17)                     =           70 hours
          Hours for Weekly Inspections                                 5,005 hours

Burden Hour Annual Costs for Weekly Inspections
          Large mines     ($96,265 + $32,075)             =    $128,340
          Small mines     (   $1,378 +      $459)             =    $    1,837
          Cost for Weekly Inspections                          =    $130,177

Manufacturer Recommended Inspections &
Record Burden Hours
          Large mines       (592 + 49)                           =    641 hours
          Small mines       (  11 +   1)                           =      12 hours
          Hours for Manufacturer Recommended                653 hours
          Inspections

Burden Hour Annual Costs for Manufacturer
Recommended Inspections
          Large mines     ($47,392 + $3,947)              =    $51,339
          Small mines     (      $848 +      $70)             =         $ 918
          Costs for Manufacturer Recommended                $52,257
          Inspections

TOTAL BURDEN HOURS AS REQUIRED BY § 75.1911(i)&(j)

Weekly and Manufacturer Recommended
Inspection and Record Burden Hours
          Large mines     (4,935 + 641)            =    5,576 hours
          Small mines     (      70 +   12)           =          82 hours
          Total Hours                                              5,658 hours

Burden Hour Annual Costs Related to Weekly and Manufacturer
Recommended Inspection and Record Burden Hours
          Large mines     ($128,340 + $51,339)     =   $179,679
          Small mines      (    $1,837 +      $918)     =       $2,755
          Total Costs                                                   $182,434

Sections 75.1912(h)&(i) Permanent storage facilities. When inspecting permanent diesel fuel storage facilities, a record is required for each fire suppression system inspection where a defect was found. The record must include the facility examined, defect found, and corrective action taken. With respect to recordkeeping concerning the inspections done in § 75.1912(h), MSHA estimates that 10% of the inspections will show a defect exists. Each record, including maintaining, is estimated to take 5 minutes (0.0833 hrs). Weekly inspections are estimated to take 30 minutes (0.5 hrs.) by a person earning $26 per hour and manufacturer recommended inspections are estimated to take 1 hour based upon a $80 per hour inspection rate.

Inspection Burden Hour Time Related to Records
from Weekly Inspections
          (20 storage fac. in large mines x 1 inspection per week
          x 50 weeks per year x 0.10 inspections finding defects)
          x 0.5 hours           =    50 hours

          (5 storage fac. in small mines x 1 inspection per week
          x 40 weeks per year x 0.10 inspections finding defects)
          x 0.5 hours           =    10 hours

Weekly Inspection Recordkeeping Burden Hours
          (20 storage fac. in large mines x 1 inspection per week
          x 50 weeks per year x 0.10 inspections finding defects)
          x 0.0833 hours           =    8 hours

          (5 storage fac. in small mines x 1 inspection per week
          x 40 weeks per year x 0.10 inspections finding defects)
          x 0.0833 hours           =    2 hours

Burden Hour Annual Costs Related to Inspection Burden Hour Time
from Weekly Inspections
          (20 storage fac. in large mines x 1 inspection per week
          x 50 weeks per year x 0.10 inspections finding defects)
          x 0.5 hours x $26 wage           =    $1,300

          (5 storage fac. in small mines x 1 inspection per week
          x 40 weeks per year x 0.10 inspections finding defects)
          x 0.5 hours x $26 wage           =    $260

Burden Hour Annual costs Related to Weekly Inspection
Recordkeeping Burden Hours
          (20 storage fac. in large mines x 1 inspection per week
          x 50 weeks per year x 0.10 inspections finding defects)
          x 0.0833 hours x $26 wage     =    $225

          (5 storage fac. in small mines x 1 inspection per week
          x 40 weeks per year x 0.10 inspections finding defects)
          x 0.0833 hours x $26 wage     =    $50

Inspection Burden Hour Time Related to Records from Manufacturer
Recommended Inspections
          (20 storage fac. in large mines x 2 inspections per year
          x 0.10 inspections finding defects) x 1 hour   =    4 hours

          (5 storage fac. in small mines x 2 inspections per year
          x 0.10 inspections finding defects) x 1 hour   =    1 hour

Manufacturer Recommended Inspection Recordkeeping Burden Hours
          (20 storage fac. in large mines x 2 inspections per year
          x 0.10 inspections finding defects) x 0.0833 hours   =    1 hour

          (5 storage fac. in small mines x 2 inspections per year
          x 0.10 inspections finding defects) x 0.0833 hours  =    1 hour

Burden Hour Annual Costs Related to Inspection Burden Hour Time
for Manufacturer Recommended Inspections
          (20 storage fac. in large mines x 2 inspections per year
          x 0.10 inspections finding defects) x 1 hour
          x $80 inspection rate per hr.            =      $320

          (5 storage fac. in small mines x 2 inspections per year
          x 0.10 inspections finding defects) x 1 hour
          x $80 inspection rate per hour           =     $80

Burden Hour Annual costs related to Manufacturer Recommended
Inspection Recordkeeping Burden Hours
          (20 storage fac. in large mines x 2 inspections per year
          x 0.10 inspections finding defects) x 0.0833 hours
          x $80 inspection rate per hour           =    $26

          (5 storage fac. in small mines x 2 inspections per year
          x 0.10 inspections finding defects) x 0.0833 hours
          x $80 inspection rate per hour            =    $10

Weekly Inspection and Record Burden Hours
          Large mines     (50 + 8)           =    58 hours
          Small mines      (10 + 2)           =    12 hours
          Hours for Weekly Inspections        70 hours

Burden Hour Annual Costs Related to Weekly Inspections
          Large mines     ($1,300 + $225)     =    $1,525
          Small mines      (   $260 +   $50)     =    $   310
          Costs for Weekly Inspections          =    $1,835

Manufacturer Recommended Inspections &
Record Burden Hours
          Large mines     (4 + 1)                          =    5 hours
          Small mines      (1 + 1)                          =    2 hours
          Hours for Manufacturer Recommended
          Inspections                                                  7 hours

Burden Hour Annual Costs Related to Manufacturer
Recommended Inspections
          Large mines     ($320 + $26)                          =    $346
          Small mines     (  $80 + $10)                          =     $ 90
          Costs for Manufacturer Recommended
          Inspections                                                           $436

TOTAL BURDEN HOURS AS REQUIRED BY § 75.1912(h)&(i)

Weekly and Manufacturer Recommended
Inspection and Record Burden Hours
          Large mines     (58 + 5)          =    63 hours
          Small mines      (12 + 2)          =    14 hours
          Total Hours                                   77 hours

Burden Hour Annual Costs Related to Weekly and Manufacturer
Recommended Inspection and Record Burden Hours
          Large mines     ($1,525 + $346)    =    $1,871
          Small mines      (   $310 +   $90)    =       $400
          Total Costs                                    =    $2,271

Sections 75.1914(f)(1)(2)&(h) require that weekly examinations be performed on diesel-powered equipment. Only in those exams where a defect is found must a record be made. The record must include 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 nonpermissible heavy-duty equipment, and 15 minutes (0.25 hours) to examine nonpermissible light-duty equipment. MSHA estimates that 25 percent of the time an examination will show a defect. There are 2,928 pieces of existing permissible and nonpermissible diesel-powered equipment, of which 2,878 pieces are in large mines and 50 pieces are in small mines. Of the 2,878 pieces in large mines 542 pieces are permissible, 505 are nonpermissible heavy-duty pieces, and 1,831 are nonpermissible light-duty pieces. Of the 50 pieces in small mines, 25 pieces are permissible, 12 are nonpermissible heavy-duty pieces, and 13 are nonpermissible light-duty pieces. Exams are once per work week (50 work weeks per year in large mines and 40 work weeks per year in small mines). Labor is valued at $26 per hour. MSHA estimates that it will take 5 minutes (or 0.0833 hours) for the record, including maintenance of records as required by paragraph (h), by a person earning $26 per hour.

Burden Hours for Exams:
In large mines
      (((542 permissible pieces x 2 hours) + (505 nonpermissible
      heavy-duty pieces x 0.5 hours) + (1,831 nonpermissible
      light-duty pieces x 0.25 hours)) x 0.25)
      x 50 weeks        =   22,428 hours

In small mines
      (((25 permissible pieces x 2 hours) + (12 nonpermissible
      heavy-duty pieces x 0.5 hours) + (13 nonpermissible light-
      duty pieces x 0.25 hours)) x 0.25)
      x 40 weeks        =      593 hours
                                   23,021 hours

Recordkeeping Burden Hours:
In large mines
      (((542 permissible pieces + 505 nonpermissible heavy-duty
      pieces + 1,831 nonpermissible light-duty pieces) x 0.25) x
      50 weeks x 0.0833 hours   =  2,997 hours

In small mines
      (((25 permissible pieces + 12 nonpermissible heavy-duty
      pieces + 13 nonpermissible light-duty pieces) x 0.25) x
      40 weeks x 0.0833 hours   =      42 hours
                                                   3,039 hours

Burden Hour Annual Costs Related to Exams:
In large mines
      (((542 permissible pieces x 2 hours) + (505 nonpermissible
      heavy-duty pieces x 0.5 hours) + (1,831 nonpermissible
      light-duty pieces x 0.25 hours)) x 0.25) x 50 weeks
      x $26 wage        =    $583,150

In small mines
      (((25 permissible pieces x 2 hours) + (12 nonpermissible
      heavy-duty pieces x 0.5 hours) + (13 nonpermissible light-
      duty pieces x 0.25 hours)) x 0.25) x 40 weeks
      x $26 wage        =    $ 15,400
                                     $598,550

Recordkeeping Burden Hour Annual Costs:
In large mines
      (((542 permissible pieces + 505 nonpermissible heavy-duty
      pieces + 1,831 nonpermissible light-duty pieces) x 0.25) x
      50 weeks x 0.0833 hours x $26 wage      =   $77,925

In small mines
      (((25 permissible pieces + 12 nonpermissible heavy-duty
      pieces + 13 nonpermissible light-duty pieces) x 0.25)
      x 40 weeks x 0.0833 hours x $26 wage   =    $ 1,100
                                                                           $79,025

75.1914(f)(1),(f)(2)&(h) BURDEN HOURS:   23,020  +  3,038  =   26,058
75.1914(f)(1),(f)(2)&(h) BURDEN COSTS:  $598,550  +  $79,025  =   $677,575

Sections 75.1914(g)&(h) require mine operators to develop standard operating procedures for testing undiluted diesel exhaust emissions. It is estimated to take 2 hours of a supervisor's time (valued at $37.35 per hour) to develop and maintain the testing procedures as required by paragraphs (g)&(h). Written procedures will be similar for diesel-powered equipment that are of the same model, but will vary when the diesel machines are different models. On average, there are 4 to 5 (average of 4.5) different diesel machine models in large mines and about 2 different models in small mines. All 158 large and 15 small mines are affected by this provision. Initial costs are annualized at 7 percent.

One Time Burden Hours for Program to Test
Undiluted Diesel Exhaust Emissions :
      158 large mines x 4.5 models x 2 hours  =  1,422 hours

      15 small mines x 2 models x 2 hours      =        60 hours
                                                                        1,482 hours

One Time Burden Hour Annualized Costs for Program to

Test Undiluted Diesel Exhaust Emissions :
      158 large mines x 4.5 models
      x 2 hours x $37.35 wage x 0.07  =  $3,718

      15 small mines x 2 models x 2 hours
      x $37.35 wage x 0.07                =    $ 157
                                                            $3,875

Note: The 1,482 hours will only occur the first year that the rule is in effect. After the first year, burden hours to develop and maintain a program will drop because it is estimated that 5 large mines per year and 1 small mine every 3 years will introduce diesel-powered equipment into their mine and thus the number of programs will be less each year.

Burden Hours for Program To Test Undiluted Diesel
Exhaust Emissions - After the First Year :
      5 large mines x 4.5 models x 2 hours       =    45 hours
      (1 small mine x 2 models
      x 2 hours)/3 years                                   =      1 hour
                                                                           46 hours

Burden Hour Annual Costs for Program to Test Undiluted
Diesel Exhaust Emissions - After the First Year :
      5 large mines x 4.5 models
      x 2 hours x $37.35 wage            =    $1,681

      [(1 small mine x 2 models x
      2 hours)/3 years] x 37.35 wage  =        $ 50
                                                              $1,731

Sections 75.1914(g)(5)&(h)require that records be kept concerning weekly exams and tests of the undiluted exhaust emissions on certain pieces of diesel-powered equipment tested. This test will be done weekly on 1,047 diesel machines in large mines (542 permissible and 505 heavy-duty) and, 37 diesel machines in small mines (25 permissible and 12 heavy-duty). For each piece of tested equipment, it takes 10 minutes (0.1667 hours) to set up and do the test by a miner earning $31 per hour; and 5 minutes (0.0833 hours) to make and retain the record required by paragraphs (g)(5)&(h).

As a result of this provision, mines will need to purchase equipment. Equipment costs for this provision are in question 13.

Exam Burden Hours:
      1,047 diesel pieces in large mines
      x 50 weeks x 0.1667 hours    =    8,727 hours

      37 diesel pieces in small mines
      x 40 weeks x 0.1667 hours    =       247 hours
                                                          8,974 hours

Burden Hour Annual and Annualized Costs for Exam:
      [(1,047 diesel pieces in large mines x 50 weeks x 0.1667
      hours x $31 wage)    =    $270,529

      [(37 diesel pieces in small mines x 40 weeks x 0.1667 hours
      x $31 wage)    =                $ 7,648
                                             $278,177

      [Costs for equipment shown below under heading titled
"Equipment Costs".]

Recordkeeping Burden Hours:
      1,047 diesel pieces in large mines
      x 0.0833 hours x 50 weeks    =    4,361 hours

      37 diesel pieces in small mines
      x 0.0833 hours x 40 weeks    =    123 hours
                                                       4,484 hours

Burden Hour Annual Costs for Recordkeeping Burden Hours:
      1,047 diesel pieces in large mines
      x 0.0833 hours x 50 weeks x $31 wage     =     $135,183

      37 diesel pieces in small mines
      x 0.0833 hours x 40 weeks x $31 wage     =         $ 3,822
                                                                                $139,005

75.1914(g)(5)&(h):
Total Burden Hours: 8,973 + 4,483 = 13,456 hours
Total Burden Costs: $405,712 + $11,470 = $417,182

Section 75.1915(a) requires that training be provided in order for persons to be qualified to perform maintenance, repairs, examinations and tests on diesel-powered equipment. The burden hours to write such a training program are recorded in § 75.1915(b)(5). Section 75.1915(a) concerns the burden hours related to the mine operator giving the training. MSHA assumes that 5 hours of training will be provided by an instructor on each type of diesel-powered equipment in the mine. The supervisory person's wage is $37.35 per hour. MSHA determined that, on average, there are 8 different kinds of diesel-powered equipment in a large mine and 2 in a small mine. The training will be provided on an annual basis in a large mine in order to account for miner turnover.

Burden Hours Related to Training:
      158 large mines x 8 different kinds of
      diesel machines x 5 training hours
      x 1 supervisor            =   6,320 hours

      15 small mines x 2 different kinds of
      diesel machines x 5 training hours
      x 1 supervisor            =      150 hours
                                             6,470 hours

Burden Hour Cost Related to Training:
      158 large mines x 8 different kinds of
      diesel machines x 5 training hours
      x 1 supervisor x $37.35 wage            =   $236,050

      15 small mines x 2 different kinds of
      diesel machines x 5 training hours
      x 1 supervisor x $37.35 wage x 0.07  =         $ 400
                                                                     $236,450

Sections 75.1915(b)(5)&(c) require that the mine operator develop an initial and retraining program in order that persons be qualified to perform maintenance, repairs, examinations and tests on diesel-powered equipment. Paragraph (c) sets forth requirements concerning the record. It will take 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)&(c). The plan will be developed by a supervisor earning $37.35 per hour. The one time costs are annualized at 0.07 percent.

One Time Burden Hours for Training Plan
      158 large mines x 16 hours    =    2,528 hours

      15 small mines x 10 hours    =         150 hours
                                                         2,678 hours

One Time Burden Hour Annualized Costs of Plan
      158 large mines x 16 hours
      x $37.35 wage x 0.07    =    $6,600

      15 small mines x 10 hours
      x $37.35 wage x 0.07    =      $ 400
                                                 $ 7,000

Note: The 2,678 hours will only occur the first year that the rule is in effect. After the first year, the burden hours for this provision will drop because it is estimated that 5 large mines per year and 1 small mine every 3 years will introduce diesel-powered equipment into their mine.

Development of Training Plan Burden Hours
After the First Year

      5 large mines x 16 hours                 =    80 hours

      (1 small mine x 10 hours)/3 years    =      3 hours
                                                                  83 hours

Burden Hour Annual Cost of Plan
After the First Year

      5 large mines x 16 hours x $37.35 wage  =   $3,000

      [(1 small mines x 10 hours)/3 years]
      x $37.35 wage  =                                           $ 125
                                                                          $3,125

Equipment Costs

Section 75.363 To make the record of sampling results required by § 75.363 noted in question 12, mine operators will have to purchase an instantaneous gas analyzer that costs about $1,475 per instrument. As noted in § 75.363 in question 12, about 100 large mines and 10 small mines will be affected. The sampling devices will last 10 years and thus, costs are annualized at 0.142. The devices need to be maintained and calibrated at a costs of $345 per year.

Annualized Equipment Costs For Large Mines
      $1,475 x 100 large mines x 0.142  =   $20,945
Annual Calibration Costs For Large Mines
      $345 x 1 device x 100 large mines  =   $34,500

Annualized Equipment Costs For Small Mines
      $1,475 x 10 small mines x 0.142  =   $2,095
Annual Calibration Costs For Small Mines
      $345 x 1 device x 10 small mines  =   $3,450

Section 75.1914(g)(5)&(h) To make records from weekly exams and tests of the undiluted exhaust emissions required by § 75.1914(g)(5)&(h) in question 12, mines will need to purchase an instantaneous gas analyzer that costs about $1,475 per instrument. All 158 large mines and 15 small mines are affected. The sampling devices will last 10 years and thus, costs are annualized at 0.142. The devices need to be maintained and calibrated at a costs of $345 per year.

Annualized Equipment Costs For Large Mines
      [$1,475 x 158 large mines x 0.142]    =    $33,093
Annual Calibration Costs For Large Mines
      [$345 x 1 device x 158 large mines]    =     $54,510

Annualized Equipment Costs For Small Mines
      $1,475 x 15 small mines x 0.142 = $3,142
Annual Calibration Costs For Small Mines
      [$345 x 1 device x 15 small mines] = $5,175

Decrease in Burden Hours

As result of the promulgation of part 7, subparts E and F certain applications file by manufacturers that previously have been filed under part 36 and 32 will now have to be filed under Part 7. In addition, this final rule will eliminate part 32. Thus, there will be decreased burden hours for part 32 and 36 that are shown below.

PART 36 The final rule requires manufacturers to file applications for approval of new permissible engine models that need a maximum fuel/air ratio test and gaseous ventilation test under part 7, subpart E, instead of under existing Part 36 regulations. Thus, there will be a decrease in part 36 burden hours.

Part 32 The final rule requires manufacturers to file applications for approval of new nonpermissible engine models that need a maximum fuel/air ratio test and gaseous ventilation test under Part 7, subpart E, instead of under part 32 regulations.

The promulgation of this final rule will result in the deletion of the entire part 32, thus all burden hours associated with part 32 are deleted below.

PART 36 The final rule requires manufacturers to file applications for approval for power packages on new permissible engine models under Part 7, subpart F, instead of under existing Part 36 regulations. Thus, there will be a decrease in part 36 burden hours.


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