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Low- and Medium-Voltage Diesel-Powered Electrical Generators
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 25, 2004 (Volume 69, Number 122)]
[Proposed Rules]
[Page 35991-36001]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn04-42]
[[Page 35992]]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Part 75
RIN 1219-AA98
Low- and Medium-Voltage Diesel-Powered Electrical Generators
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Proposed rule.
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SUMMARY: We propose to amend the existing regulations concerning
protection of low- and medium-voltage three-phase circuits used
underground to allow the use of low- and medium-voltage diesel-powered
electrical generators as an alternative means of powering electrical
equipment. The generators are portable and are used to power electrical
equipment when moving the equipment in, out, and around the mine and
when performing work in areas where permissible equipment is not
required. The rule would eliminate the need for mine operators to file
petitions for modification to use these generators to power electrical
equipment while maintaining the existing level of protection for
miners.
DATES: Comments on this proposed rule and on the information collection
requirements must be received on or before August 24, 2004.
ADDRESSES: You may submit comments, by any of the following methods:
? Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
? E-mail: Comments@MSHA.gov. Include RIN 1219-AA98 in the
subject line of the message.
? Fax: (202) 693-9441.
? Mail/Hand Delivery/Courier: MSHA, Office of Standards,
Regulations, and Variances, 1100 Wilson Blvd., Room 2313, Arlington,
Virginia 22201-3939.
Instructions: All submissions must reference MSHA and RIN 1219-
AA98, (the Regulatory Information Number for this rulemaking).
Docket: To access comments received, go to http://www.MSHA.gov
or MSHA, Office of Standards, Regulations, and Variances,
1100 Wilson Blvd., Room 2350, Arlington, Virginia. All comments received
will be posted without change to http://msha.gov, including
any personal information provided.
Information Collection Requirements: Comments concerning the
information collection requirements must be clearly identified as such
and sent to both the Office of Management and Budget (OMB) and MSHA as
follows:
(1) To OMB: All comments may be sent by mail addressed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, New Executive Office Building, 725 17th Street, NW.,
Washington, DC 20503, Attn: Desk Officer for MSHA; and
(2) To MSHA: Comments must be clearly identified by RIN 1219-AA98
as comments on the information collection requirements and transmitted
either electronically to comments@msha.gov, by facsimile to (202) 693-
9441, or by regular mail or hand delivery to MSHA, Office of Standards,
Regulations, and Variances, 1100 Wilson Blvd., Room 2350, Arlington,
Virginia 22209-3939.
FOR FURTHER INFORMATION CONTACT: Marvin W. Nichols, Jr., Director,
Office of Standards, Regulations, and Variances, MSHA, 1100 Wilson
Boulevard, Room 2350, Arlington, Virginia 22209-3939. Mr. Nichols can
be reached at nichols.marvin@dol.gov (Internet E-mail), (202) 693-9440
(voice), or (202) 693-9441 (facsimile). You may obtain copies of the
proposed rule in a large print format by calling 202-693-9440. The
documents also are available on the Internet at
http://www.msha.gov/REGSINFO.HTM.
SUPPLEMENTARY INFORMATION:
I. Background Information
Currently, in mandatory safety standards Sec. 75.701 (Grounding
metallic frames, casings, and other enclosures of electric equipment)
and Sec. 75.901 (Protection of low- and medium-voltage three-phase
circuits used underground), we specify the grounding requirements for
electrical equipment and low- and medium-voltage three-phase circuits.
These standards were introduced in 1970 (35 FR 17890) and have not been
changed.
Power centers are the main means of supplying electricity
underground. Power centers are placed underground to provide power to
permanent or stationary electrical equipment such as belt conveyor
drives and to provide power to working sections mining equipment. These
power centers are often not located where they can be reached by the
trailing cables used to supply power to mobile equipment being moved at
the mine. Mine operators use various means to move electrical equipment
and to perform work in areas where permissible equipment is not
required. In these situations, they are unable to use power centers to
energize the machines for the move because of the distances involved.
If longer trailing cables are installed in order to reach remote power
centers, proper electrical protection for these low- and medium-voltage
three-phase circuits may not be provided and overheating of, or damage
to, the cables may occur.
Over the last 13 years, through MSHA's petition for modification
process, mine operators have been using low- and medium-voltage diesel-
powered electrical generators as an efficient means for providing a
portable source of power to move electrical equipment. These portable
diesel-powered electrical generators are easily taken to areas where
power centers or other sources of electrical power are not available to
move mobile equipment or to supply power to other electric equipment
needed to do work in outby areas. Proper electrical protection for
these low- and medium-voltage three-phase circuits can be provided by
portable diesel-powered electrical generators since the source of power
is within reach of the proper length trailing cables. However, when
using these generators, the mine operators are unable to comply with
the electrical protection requirements of existing Sec. 75.901.
Currently, Sec. 75.901 requires a grounding circuit to originate from
the grounded side of a grounding resistor located at a power center and
does not address the use of a generator frame for the purpose of
grounding.
To address their inability to comply with Sec. 75.901, mine
operators file petitions for modification (PFM) under Section 101(c) of
the Federal Mine Safety and Health Act of 1977 (Mine Act). During the
time period January 1990 through October 2003, there were 63 PFMs filed
and granted under Sec. 101(c) requesting modification to Sec. Sec.
75.701 and 75.901 affecting 56 mines. The first petition granted for a
modification of Sec. 75.901 was submitted to MSHA in 1990, requesting
the use of a diesel-powered electrical generator. In 1996 we determined
that it was necessary for a mine operator to petition both Sec. 75.701
and Sec. 75.901 to allow the use of a diesel-powered electrical
generator in underground coal mines. Petitioning both standards
resulted in additional expense and paper burden for mine operators. In
an effort to reduce the expense and paper burden for mine operators; we
conducted a review of both standards in 2003. We determined that only a
PFM of Sec. 75.901 was necessary since the conditions for grounding
contained in the petition would satisfy the requirement of Sec. 75.701
as an approved method of grounding.
By issuing this proposed rule, we are responding to the
requirements of the
[[Page 35993]]
Regulatory Flexibility Act and Executive Order 12866 that agencies
review their regulations to determine their effectiveness and to
implement any changes indicated by the review that will make the
regulation more flexible and efficient for stakeholders and small
businesses while maintaining needed protection for workers. This
proposed rule would maintain the protection afforded by the existing
standard.
II. Discussion of Diesel-Powered Electrical Generators
Existing 30 CFR 75.901, Protection of low- and medium-voltage
three-phase circuits used underground, does not allow mines to use
diesel-powered electrical generators to move electrical equipment in,
out, and around the mine and to perform work in areas where permissible
equipment is not required. To allow mines to use diesel-powered
electrical generators, we have granted PFMs to mine operators.
We grant PFMs after making one of two determinations: (1) That a
mine operator has an alternative method that provides the same measure
of safety protection at all times as the existing standard, or (2) that
the existing standard would result in diminished safety protection for
miners. After evaluating the use of diesel-powered electrical
generators, we have concluded that they can be safely used, if certain
conditions are met. Specifically, we have found that previous safety
concerns such as explosion, fire, and shock hazards initially
associated with their use have been sufficiently addressed by advances
in new technology. In fact, we now recognize that diesel-powered
electrical generator equipment and circuit design improvements in
combination with sensitive electrical circuit protections actually
reduce fire, explosion, and shock hazards.
Accordingly, we are proposing to revise existing Sec. 75.901 to
permit the mining industry to use diesel-powered electrical generators
to move electrical equipment. This rule would eliminate the need to
file PFMs to use diesel-powered electrical generators and would
eliminate the costs and time associated with the petition process.
The PFM process allows a variance to an existing safety standard
that results in safety procedures that are applicable only to an
individual mine. Petitions granted to date contain conditions for the
proper installation, electrical and mechanical protection, handling,
and disconnecting of circuits and equipment. Since the proposed rule
would include all the necessary requirements contained in granted
petitions, the revision of existing Sec. 75.901 would not reduce the
protection currently afforded to miners.
On the effective date of the final rule, all existing petitions for
modification to permit the mining industry to use diesel-powered
electric generators to move electrical equipment in, out, around the
mine, and to perform work in areas where permissible equipment is not
required would be superseded.
III. Discussion of Proposed Rule
Section 75.901 Protection of Low- and Medium-Voltage Three-Phase
Circuits Used Underground
Proposed section 75.901(b)(1) through (b)(12) of this part are
electrical safety standards applicable to low- and medium-voltage
diesel-powered electrical generators and circuits.
Paragraph (b) would be added to Sec. 75.901 to permit the usage of
diesel-powered electrical generators as an alternative to power centers
for the purpose of moving equipment in, out, around the mine, and to
perform work in areas where permissible equipment is not required. When
used, diesel-powered electrical generators would be required to comply
with the following:
Paragraph (b)(1) would require the diesel engine powering the
electrical generator to satisfy the requirements of 30 CFR Part 7,
Subpart E. The regulations in part 7 set out the requirements for
diesel engines intended for use in underground coal mines.
Paragraph (b)(2) would require a grounding resistor which is rated
for the phase-to-phase voltage of the system to be provided to limit
the ground-fault current to not more than 0.5 amperes. The grounding
resistor required by (b)(2)(i) must be located between the wye
connected generator neutral and the generator frame; or the grounding
resistor required by (b)(2)(ii) must be located between the wye
connected transformer secondary and the transformer frame, when an
isolation transformer is used; or the grounding resistor required by
(b)(2)(iii) must be located between the wye connected generator neutral
and the generator frame when an auto-transformer is used.
Requiring a grounding resistor rated for the phase-to-phase voltage
of the system would ensure that adequate insulating properties are
provided for the grounding resistor. This is especially important when
using autotransformers. When using an autotransformer, the grounding
resistor would be required to be located between the neutral of the wye
connected generator and the generator frame, and it must be rated for
the highest output voltage of the autotransformer. A wye connection
provides a neutral grounding point in the system for the purpose of
inserting a predetermined value resistor that would limit the current
and voltage under a phase-to-ground fault condition. A phase-to-ground
fault occurring on the secondary side of the autotransformer would
subject the grounding resistor to the output voltage of the
autotransformer. This is because autotransformers have only one
winding-per-phase and do not provide the electrical isolation
characteristics necessary to re-establish a different or new system
voltage. A resistor that is subjected to a voltage higher than its
rating can potentially explode, causing serious injury or death to
persons nearby, or it can open from overcurrent, leaving the system
ungrounded. Limiting the ground-fault current to not more than 0.5
amperes, and providing the sensitive ground-fault protection set forth
in paragraphs (b)(3) and (b)(4) (discussed below), provides increased
protection against explosion, fire, and electrical shock. Because the
voltage from a diesel-powered electrical generator may need to be
increased or decreased by an external transformer, an additional
grounding resistor limiting the ground-fault current to 0.5 amperes
would be required. The additional resistor is needed to re-establish
the grounding circuit for the new power circuit derived by the
isolation characteristics of the transformer.
Paragraph (b)(3) would require each three-phase output circuit of
the generator to be equipped with a sensitive ground fault relay set to
cause the circuit interrupting device that supplies power to the
primary windings of each transformer to trip and shut down the diesel
engine when a phase-to-frame fault of not more than 90 milliamperes
occurs. When a transformer is used to increase or decrease the voltage
provided by the diesel-powered generator, the circuit between the
generator and the transformer would be required to be provided with
grounded-phase protection. When used in conjunction with the grounding
resistor address in paragraph (b)(2), the increased protection against
electrical shock assists in providing a grounding system that satisfies
the requirements of Sec. 75.701. This maximum voltage of 90
milliamperes reduces the amount of current that an individual is
exposed to under a ground fault condition because the individual is in
parallel with the grounding circuit conductors. If we limit ground
fault current to a lesser
[[Page 35994]]
value, the charging currents at start up in a resistance grounded
system would cause false tripping.
The proposed rule would require a single window-type current
transformer to encircle the three-phase conductors for ground-fault
protection. The equipment safety grounding conductors would be
prohibited from being passed through or connected in series with
ground-fault current transformers. This configuration could defeat
ground-fault protection and result in hazardous voltage on equipment
frames which could cause potentially fatal electrical shocks.
Paragraph (b)(4) would require each three-phase output circuit that
supplies power to equipment to be equipped with an instantaneous
sensitive ground-fault relay that will cause its respective circuit
interrupting device(s) to trip and cause shutdown of the diesel engine
when a phase-to-frame fault occurs. The proposed rule would require the
grounded-phase protection to be set at not more than 90 milliamperes.
This protection would be provided for all three-phase equipment
circuits. This applies to equipment receiving power directly from the
diesel-powered electrical generator and from transformers used to
change the generator voltage. When used in conjunction with the
grounding resistor(s) addressed in paragraph (b)(2), the increased
protection against electrical shock provides a grounding system that
satisfies the requirements of Sec. 75.701. Paragraph (b)(4) requires a
single window-type current transformer to encircle the three-phase
conductors for ground-fault protection. The equipment safety grounding
conductors would be prohibited from being passed through or connected
in series with ground-fault current transformers. This prohibition
ensures that ground-fault protection is not defeated, which could
result in hazardous voltage on equipment frames.
Paragraph (b)(5) would require each three-phase output circuit
interrupting device to have a means to provide short-circuit,
overcurrent, grounded-phase, undervoltage, and ground wire monitoring
protection. When connected to a piece of equipment, the instantaneous
trip unit for the circuit interrupting device in use must be adjusted
to trip at not more than 75 percent of the minimum available short
circuit current at the point where the cable enters the equipment or
the maximum allowable instantaneous settings specified in Sec. 75.601-
1, whichever is less. To determine the available short circuit current,
calculations would be required which take into account all circuit
parameters, including the size and length of the equipment cable. The
minimum available short circuit current would be at the end of the
cable where it enters the equipment. Small capacity generators may
cause the available short circuit current at the end of the cable to be
lower than the maximum allowable settings specified in Sec. 75.601-1.
The requirements of this paragraph will ensure that proper protection
is provided for all three-phase output circuits, whether at the
generator, distribution box, or at a separate power center that
receives its primary power from a diesel-powered electrical generator.
Paragraph (b)(6) would require that the equipment portable cable
length(s) not exceed the length(s) specified in 30 CFR Part 18,
Appendix I, Table 9, Specifications for Portable Cables Longer than 500
Feet. The purpose of this requirement is to limit the cable length,
which ensures that the short circuit capacity of the generator is great
enough to cause the circuit interrupting device to open, thereby
preventing damage to the cables.
Paragraph (b)(7) would require that a permanent label(s) listing
the maximum circuit interrupting device setting(s) and maximum portable
cable length(s) be installed on each instantaneous trip unit or be
maintained near each three-phase circuit interrupting device. The
proposed rule requires that the permanent label(s) be maintained
legibly. Because the maximum short circuit current is calculated using
the maximum length of cable allowed, the label would ensure that
adequate short circuit protection for each circuit is provided.
Paragraph (b)(8) would require that only one circuit at a time be
used when equipment is being moved in, out, and around a mine. This
does not prevent the use of more than one circuit when equipment is
used to perform work in areas where permissible equipment is not
required. When multiple pieces of equipment are used, care must be
taken to ensure that the circuit interrupting device settings are
properly adjusted to protect both the generator and the equipment being
operated.
Paragraph (b)(9) refers to existing 30 CFR 75.902 (Low- and medium-
voltage ground check monitor circuits). Section 75.902 requires the
grounding system to include an MSHA accepted ground wire monitor
system, or other no less effective device approved by the District
Manager, to assure ground continuity between the frame of the generator
and the equipment being moved or used; or have a No. 1/0 or larger
external grounding conductor to bond and ground the frames of all
equipment to the frame of the generator. This would require bonding the
frame of transformers and metallic cable coupler shells back to the
frame of the generator. Grounding equipment in this manner limits the
amount of voltage and current that an individual would be exposed to
under an electrical fault condition and also provides a good path for
current flow to activate protective devices.
Paragraph (b)(10) would require all trailing cables extending from
the generator to equipment to comply with Sec. 75.907 (Design of
trailing cables for medium-voltage circuits). Section 75.907 specifies
the trailing cable design requirements for medium voltage circuits and
also specifies that on equipment employing cable reels, cables without
shields may be used if the insulation is rated 2000 volts or more. Both
type cables have been used in the coal mining industry for over 30
years and have been proven to provide the required protection when
properly maintained.
Paragraph (b)(11) would require a strain relief device on each end
of the trailing cable(s) that extends between the generator and the
piece of equipment being powered. Although requirements for strain
relief or clamping of cables are covered by other regulations, they are
specifically required here since there is a reasonable likelihood that
cables may be pulled to the extent of their length during movement of
equipment. This also applies to the cable(s) between the diesel-powered
generator and a distribution box or separately mounted transformer.
Some mobile equipment may be capable of pulling the distribution box or
transformer when the limit of the cable has been reached and further
pulling would strain connections of the generator cable. This could
result in electrical arcs and faults which may result in flash burns.
Paragraph (b)(12) would require that, prior to moving each piece of
equipment or performing work, a functional test of each ground fault
and ground wire monitor system be performed by a qualified electrician
who meets the requirements of Sec. 75.153 (Electrical work; qualified
person). The ground-fault circuit would be required to be tested
without subjecting the circuit to an actual grounded phase condition.
The proposed rule requires a record of each test, maintained by the
mine operator, and made available to authorized representatives of the
Secretary and to the miners in the mine. This paragraph would require
that functional tests be performed before the
[[Page 35995]]
equipment begins its move from the surface to underground, or from
underground to the surface, or movement from one part of a mine to
another, or before work is performed by equipment in other areas of the
mine where permissible equipment is not required. It would not require
a functional test after momentary or incidental stoppage during the
moving process, or repositioning of equipment while performing work.
Manufacturers of ground fault relay devices already provide circuitry
and test methods for their devices that allow testing to be conducted
without subjecting the power system to an actual ground fault
condition. This method of testing enhances safety by preventing
individuals from being exposed to energized circuits while performing
the test. The functional tests required by this paragraph do not
relieve the operator of responsibility for performing examinations and
tests required by other sections of 30 CFR Part 75.
IV. Executive Order 12866 (Regulatory Planning and Review and
Regulatory Flexibility Act)
This proposed rule amends 30 CFR 75.901, concerning the use of low-
and medium-voltage diesel-powered electrical generators as an
alternative for moving electrical equipment in, out, around a mine, and
to perform work in areas where permissible equipment is not required.
This proposed rule would allow the use of diesel-powered electrical
generators and eliminate the need for the mine operator to file
petitions for modification to use diesel-powered electrical generators.
Executive Order (E.O.) 12866 as amended by E.O. 13258 requires that
regulatory agencies assess both the costs and benefits of intended
regulations. We have fulfilled this requirement for the proposed rule,
and have determined that the proposed rule would not have an annual
effect of $100 million or more on the economy. Therefore, it is not an
economically significant regulatory action pursuant to section 3(f)(1)
of E.O. 12866.
The proposed rule would eliminate the need for underground coal
mine operators who choose to use diesel-powered electrical generators
to file PFMs and thereby would generate cost savings.
From January 1990 to October 2003, 63 petitions were filed to
modify Sec. Sec. 75.701 and 75.901 (Grounding requirements and
protection of low- and medium-voltage three-phase circuits used
underground). On average, approximately 5 petitions were filed during
each of these years.
Mining Sectors Affected
This proposed rule applies to all underground coal mines. However,
based on already filed PFMs under Sec. 75.901 and Sec. 75.701, MSHA
estimates that an average of five underground coal mines per year would
choose to use diesel powered electrical generators in their mines.
Benefits
Using diesel-powered electrical generators provides an efficient
portable source of power to move electrical equipment. These diesel-
powered electrical generators are easily taken to areas where power
centers or other sources of electrical power are not available to move
mobile equipment or to supply power to other electric equipment needed
to do work in outby areas. The likelihood of electrical accidents will
be decreased by (1) the more stringent criteria and design features
associated with the diesel-powered electrical generator protective
devices, such as requiring the grounding resistor to limit ground fault
current to 0.5 ampere under a ground fault condition; (2) requiring the
sensitive grounded phase protection device to cause the circuit
interrupting device protecting the electrical circuits to open and shut
down the diesel-powered generator when not more than 90 milliamperes of
fault current is detected by the system; and (3) equipment testing
devices and procedures that are designed to facilitate safe testing of
the diesel-powered electrical circuit. Miner safety is increased with
the protective systems and testing procedures required by the rule
because they limit the amount of voltage and current that miners can be
exposed to under a ground fault condition and also because they reduce
the possibility of a fire, shock, or burn hazard. Finally, the rule
contains all the necessary electrical safety requirements developed in
the petitions for modification to use diesel-powered electrical
generators.
Compliance Cost Savings
Annual cost savings from the proposed rule would accrue to
underground coal mines that choose to use diesel-powered electrical
generators because they would no longer have to file a PFM. Annual cost
savings from this rule are estimated to be $2,377. The annual cost
savings are based upon the elimination of the filing of an average of
five petitions per year. We project that all five mines would employ 20
to 500 workers.
The annual cost savings of $2,377 for mines that employ 20 to 500
workers was derived in the following manner. On average, a mine
supervisor earning $58.96 per hour would take 8 hours to prepare a
petition (5 petitions x 8 hours x $58.96 per hour = $2,358). In
addition, a clerical worker earning $20.39 per hour would take 0.1
hours to copy and mail a petition (5 petitions x 0.1 hours x $20.39 per
hour = $10). Furthermore, we estimate that, on average, each petition
is five pages long, photocopying costs are $0.15 per page, and postage
is $1 [5 petitions x ((5 pages x $0.15 per page) + $1) = $9].
Although this rule applies to any underground coal mine, there are
no substantial changes in the proposed rule that apply to mines that
choose not to use diesel-powered electrical generators. Thus, such
mines would not incur costs nor generate cost savings as a result of
the proposed rule.
V. Regulatory Flexibility Act Certification
Pursuant to the Regulatory Flexibility Act (RFA) of 1980 as amended
by the Small Business Regulatory Enforcement Fairness Act (SBREFA), we
have analyzed the impact of the proposed rule on small businesses.
Further, we have made a determination with respect to whether or not we
can certify that the proposed rule would not have a significant
economic impact on a substantial number of small entities that are
covered by this rulemaking. Under the SBREFA amendments to the RFA, we
must include in the rule a factual basis for this certification. If the
proposed rule would have a significant economic impact on a substantial
number of small entities, we must develop a regulatory flexibility
analysis.
Definition of a Small Mine
Under the RFA, in analyzing the impact of a rule on small entities,
we must use the SBA definition for a small entity or, after
consultation with the SBA Office of Advocacy, establish an alternative
definition for the mining industry by publishing that definition in the
Federal Register for notice and comment. MSHA has not taken such an
action and hence is required to use the SBA definition.
The SBA defines a small entity in the mining industry as an
establishment with 500 or fewer employees. All mines affected by this
rulemaking fall into this category and hence can be viewed as sharing
the special regulatory concerns which the RFA was designed to address.
We have looked at the impacts of our rules on a subset of mines
with 500 or fewer employees--those with fewer than 20 employees, which
we and the mining community have traditionally
[[Page 35996]]
referred to as ``small mines.'' These small mines differ from larger
mines not only in the number of employees, but also in economies of
scale in material produced, in the type and amount of production
equipment, and in supply inventory. Therefore, their costs of complying
with MSHA rules and the impact of MSHA rules on them would also tend to
be different. It is for this reason that ``small mines,'' as
traditionally defined MSHA, are of special concern to us.
This analysis complies with the legal requirements of the RFA for
an analysis of the impacts on ``small entities'' while continuing our
traditional definition of ``small mines.'' We conclude that we can
certify that the proposed rule would not have a significant economic
impact on a substantial number of small entities that are covered by
this rulemaking. We have determined that this is the case both for
mines affected by this rulemaking with fewer than 20 employees and for
mines affected by this rulemaking with 500 or fewer employees.
Factual Basis for Certification
Our analysis of impacts on ``small entities'' begins with a
``screening'' analysis. The screening compares the estimated compliance
costs of a rule for small entities in the sector affected by the rule
to the estimated revenues for those small entities. When estimated
compliance costs or savings are less than one percent of the estimated
revenues, we believe it is generally appropriate to conclude that there
is no significant economic impact on a substantial number of small
entities. When estimated compliance costs exceed one percent of
revenues, it tends to indicate that further analysis may be warranted.
Using either MSHA's or SBA's definition of a small mine, the proposed
rule results in yearly cost savings to affected mines equal to less
than once percent of their yearly revenues.
The average estimated 2002 production for underground coal mines
operating within the last five years with a petition to use diesel-
powered electrical generators was approximately 3,387,871 tons per
mine. Using a 2002 price of underground coal of $25.97, the average
2002 revenues for such mines was approximately $87,983,000.\1\ Based on
five underground coal mines per year using diesel-powered electrical
generators, the annual estimated revenues of mines affected by this
rule would be $449,915,000. The proposed rule cost savings are
substantially less than 1 percent of estimated revenues ($2,377/
$449,915,000 or 0.0005 percent).
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\1\ The 2001 underground coal price of $25.37 found in Table 29
of the Department of Energy/Energy Information Agency, Annual Coal
Report 2001 is multiplied by 2002 and 2001 December Consumer Price
Indexes found at ftp://ftp.bls.gov/pub/special.requests/cpi/cpiai.txt
[$25.97 = ($25.37 x (180.9/176.7)].
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VI. Paperwork Reduction Act of 1995
The amendments to Sec. 75.901 do not introduce new paperwork
requirements on the mine operator; however, the existing information
collection requirements are still subject to Office of Management and
Budget (OMB) approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3502(13)(A). As a result of this rule, all petitions for
modification for Sec. 75.901 will be superceded and the information
collection request for petitions for modification approved by OMB under
1219-0065 will be reduced. MSHA will submit a new information
collection request for this rule and transfer the recordkeeping
paperwork burden hours and costs.
Burden Reduction
Due to this rulemaking, mine operators would no longer have to
petition for modification of existing 30 CFR Sec. 75.901 in order to
use diesel-powered electrical generators. Existing OMB paperwork
package 1219-0065 includes annual burden hours and costs related to the
time it takes mine operators to prepare and file petitions with MSHA,
including petitions for modifications to use diesel-powered generators.
As a result of this rulemaking, the burden hours and costs in OMB
paperwork package 1219-0065 that relate to the time it takes operators
to prepare and file petitions would need to be reduced to reflect the
fact that petitions for modifications to use diesel-powered electrical
generators would no longer be needed. Therefore, the burden hours and
costs in OMB paperwork package 1219-0065 should be reduced by 40.5
hours and $2,377 annually. This reduction was derived in the following
manner.
On average, five underground coal mines are estimated to begin to
use diesel-powered electrical generators annually. A mine supervisor,
earning $58.96 per hour, is estimated to take 8 hours to prepare a
petition. On average, a clerical worker, earning $20.39 per hour, is
estimated to take 0.1 hours to copy and mail a petition. Each petition
is estimated to be five pages in length, photocopy costs are $0.15 per
page, and postage is $1 for each petition. The annual burden hour
reduction and cost savings related to preparing and filing petitions
are:
Burden Hours:
5 petitions x 8 hrs. per petition...... = 40 hours
5 petitions x 0.1 hrs. per petition.... = 0.5 hours
-----
.. 40.5 hours
Burden Costs:
40 hours x $58.96 wage per hr.......... = $2,358
0.5 hrs. x $20.39 wage per hr.......... = 10
5 petitions x ((5 pgs. x $0.15 per = 9
page) + $1 postage)).
-----
.. 2,377
Burden Transfer
Also included in existing petitions for modification of 30 CFR
Sec. 75.901 to use diesel-powered electrical generators are operators'
recordkeeping requirements related to performing ground fault and
ground wire monitor system tests and making a record of such tests.
Such tests must be conducted and records made prior to moving each
piece of equipment or performing work. The burden hours and costs
related to such tests and records are also included in OMB paperwork
package 1219-0065. There are 38 burden hours and $1,130 of burden costs
in the first year, 42 burden hours and $1,249 of burden costs in the
second year, and 46 burden hours and $1,367 of burden costs in the
third year that would be related to these tests and records which would
need to be removed from OMB paperwork package 1219-0065 and transferred
to the paperwork package related to this rule. The burden hours and
costs were derived as follows.
There are 16 mines operating in 2003 that have petitions to use
diesel-powered electrical generators. MSHA assumes that although five
mines annually are estimated to begin using diesel-powered generators,
there would, on average, be three existing mines using such equipment
that would close. Thus, each year there would be a net of two more
mines using diesel power electrical generators. A mine electrician
earning $29.73 per hour, is estimated to take 0.25 hours to perform the
ground fault and ground wire monitor system tests. Such tests are
estimated to be conducted six times annually. On average, it is
estimated to take the mine electrician 0.1 hours to make a record each
time tests are conducted.
The first year burden hours and costs related to performing ground
fault and ground wire monitor system tests and making a record are:
[[Page 35997]]
18 mines x (0.25 hrs. + 0.1 hrs. for = 38 hours
tests and record) x 6 times per year.
38 hours x $29.73 wage per hr.......... = $1,130
The second year burden hours and costs related to performing ground
fault and ground wire monitor system tests and making a record are:
20 mines x (0.25 hrs. + 0.1 hrs. for = 42 hours
tests and record) x 6 times per year.
42 hours x $29.73 wage per hr.......... = $1,249
The third year burden hours and costs related to performing ground
fault and ground wire monitor system tests and making a record are:
22 mines x (0.25 hrs. + 0.1 hrs. for = 46 hours
tests and record) x 6 times per year.
46 hours x $29.73 wage per hr.......... = $1,367
VI. Other Regulatory Considerations
A. The Unfunded Mandates Reform Act
This proposed rule does not include any Federal mandate that may
result in increased expenditures by State, local, or tribal
governments, nor would it increase private sector expenditures by more
than $100 million annually, nor would it significantly or uniquely
affect small governments. Accordingly, the Unfunded Mandates Reform Act
of 1995 requires no further agency action or analysis.
B. National Environmental Policy Act
MSHA has reviewed this proposed rule in accordance with the
requirements of the National Environmental Policy Act (NEPA) of 1969
(42 U.S.C. 4321 et seq.), the regulations of the Council on
Environmental Quality (40 U.S.C. part 1500), and the Department of
Labor's NEPA procedures (29 CFR part 11). Since this proposed rule
would impact safety, not health, the rule is categorically excluded
from NEPA requirements because it would have no significant impact on
the quality of the human environment (29 CFR 11.10(a)(1)). Accordingly,
MSHA has not conducted an environmental assessment nor provided an
environmental impact statement.
C. Assessment of Federal Regulations and Policies on Families
This proposed rule would have no affect on family well-being or
stability, marital commitment, parental rights or authority, or income
or poverty of families and children. Accordingly, Section 654 of the
Treasury and General Government Appropriations Act of 1999 requires no
further agency action, analysis, or assessment.
D. Executive Order 12630: Government Actions and Interference With
Constitutionally Protected Property Rights
This proposed rule would not implement a policy with takings
implications. Accordingly, Executive Order 12630, Governmental Actions
and Interference with Constitutionally Protected Property Rights,
requires no further agency action or analysis.
E. Executive Order 12988: Civil Justice Reform
This proposed rule was drafted and reviewed in accordance with
Executive Order 12988, Civil Justice Reform. This proposed rule was
written to provide a clear legal standard for affected conduct and was
carefully reviewed to eliminate drafting errors and ambiguities, so as
to minimize litigation and undue burden on the Federal court system.
MSHA has determined that this proposed rule would meet the applicable
standards provided in Section 3 of Executive Order 12988.
F. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This proposed rule would have no adverse impact on children.
Accordingly, Executive Order 13045, Protection of Children from
Environmental Health Risks and Safety Risks, requires no further agency
action or analysis.
G. Executive Order 13132: Federalism
This proposed rule would not have ``federalism implications,''
because it would not ``have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.'' Accordingly, Executive Order 13132, Federalism,
requires no further agency action or analysis.
H. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This proposed rule would not have ``tribal implications,'' because
it would not ``have substantial direct effects on one or more Indian
tribes, on the relationship between the Federal government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal government and Indian tribes.'' Accordingly, Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, requires no further agency action or analysis.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy, Supply, Distribution, or Use
In accordance with Executive Order 13211, MSHA has reviewed this
proposed rule for its impact on the supply, distribution, and use of
energy. Because this proposed rule would result in yearly cost savings
to the coal mining industry, this proposed rule would neither reduce
the supply of coal nor increase its price.
This proposed rule is not a ``significant energy action,'' because
it would not be ``likely to have a significant adverse effect on the
supply, distribution, or use of energy'' ``(including a shortfall in
supply, price increases, and increased use of foreign supplies).''
Accordingly, Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use, requires no
further agency action or analysis.
J. Executive Order 13272: Proper Consideration of Small Entities In
Agency Rulemaking
In accordance with Executive Order 13272, MSHA has thoroughly
reviewed this proposed rule to assess and take appropriate account of
its potential impact on small businesses, small governmental
jurisdictions, and small organizations. MSHA has determined and
certified that this proposed rule would not have a significant economic
impact on a substantial number of small entities.
VIII. Petitions for Modification
On the effective date of the final rule, all existing petitions for
modification for diesel-powered electrical generators will be
superseded.
List of Subjects in 30 CFR Part 75
Mine safety and health, Underground coal mining.
Dated: June 18, 2004.
Dave D. Lauriski,
Assistant Secretary for Mine Safety and Health.
For the reasons set out in the preamble, and under the authority of
the Federal Mine Safety and Health Act of 1977, we are proposing to
amend chapter I, subchapter O, part 75 of title 30 of the Code of
Federal Regulations as follows:
[[Page 35998]]
PART 75--MANDATORY SAFETY STANDARDS--UNDERGROUND COAL MINES
1. The authority citation for part 75 continues to read as follows:
Authority: 30 U.S.C. 811.
SUBCHAPTER O--[AMENDED]
2. Section 75.901 is amended by adding paragraph (b) to read as
follows:
Sec. 75.901 Protection of low- and medium-voltage three-phase
circuits used underground.
* * * * *
(b) Diesel-powered electrical generators used as an alternative to
power centers for the purpose of moving equipment in, out, around the
mine, and to perform work in areas where permissible equipment is not
required, must comply with the following:
(1) The diesel engine powering the electrical generator must be
approved under 30 CFR part 7, subpart E.
(2) A grounding resistor rated for the phase-to-phase voltage of
the system must be provided to limit the ground-fault current to not
more than 0.5 amperes. The grounding resistor(s) must be located:
(i) Between the wye connected generator neutral and the generator
frame; (see figure I in appendix A to subpart J of this part) and
(ii) Between the wye connected transformer secondary and the
transformer frame when an isolation transformer(s) is used; (see figure
II in appendix A to subpart J of this part) or
(iii) Between the wye connected generator neutral and the generator
frame when an auto-transformer is used. (see figure III in appendix A
to subpart J of this part).
(3) Each three-phase output circuit of the generator must be
equipped with a sensitive ground fault relay. The protective relay must
be set to cause the circuit interrupting device that supplies power to
the primary windings of each transformer to trip and shut down the
diesel engine when a phase-to-frame fault of not more than 90
milliamperes occurs.
(4) Each three-phase output circuit that supplies power to
equipment must be equipped with an instantaneous sensitive ground-fault
relay that will cause its respective circuit interrupting device(s) to
trip and cause shutdown of the diesel engine when a phase-to-frame
fault occurs. The grounded-phase protection must be set at not more
than 90 milliamperes. Current transformers used for the ground-fault
protection must be single window-type and must be installed to encircle
all three phase conductors. Equipment safety grounding conductors must
not pass through or be connected in series with ground-fault current
transformers.
(5) Each three-phase circuit interrupting device must be provided
with a means to provide short-circuit, overcurrent, grounded-phase,
undervoltage, and ground wire monitoring protection. The instantaneous
only trip unit for the circuit interrupting device(s) in use must be
adjusted to trip at not more than 75 percent of the minimum available
short circuit current at the point where the portable cable enters the
equipment or the maximum allowable instantaneous settings specified in
Sec. 75.601-1, whichever is less.
(6) The equipment portable cable length(s) must not exceed the
length(s) specified in 30 CFR part 18, appendix I, table 9,
Specifications for Cables Longer than 500 Feet.
(7) Permanent label(s) listing the maximum circuit interrupting
device setting(s) and maximum portable cable length(s) must be
installed on each instantaneous trip unit or be maintained near each
three-phase circuit interrupting device. The permanent label(s) must be
maintained legibly.
(8) The circuit interrupting device that supplies three-phase power
circuit(s) to the equipment being powered must be limited to the use of
only one circuit interrupting at a time when equipment is being moved
in, out, and around the mine.
(9) The grounding system must include an MSHA accepted ground wire
monitor system that satisfies the requirements of Sec. 75.902; or have
a No. 1/0 or larger external grounding conductor to bond and ground the
frames of all equipment to the frame of the generator.
(10) All trailing cables extending from the generator to equipment
must comply with Sec. 75.907.
(11) A strain relief device must be provided on each end of the
trailing cables that extend between the generator and the piece of
equipment being powered.
(12) Prior to moving each piece of equipment or performing work, a
functional test of each ground fault and ground wire monitor system
must be performed by a qualified electrician who meets the requirements
of Sec. 75.153. The ground-fault circuit must be tested without
subjecting the circuit to an actual grounded phase condition. A record
of each test must be maintained and made available to authorized
representatives of the Secretary and to the miners in such mine.
3. Appendix A to subpart J is added to read as follows:
Appendix A to Subpart J
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[FR Doc. 04-14400 Filed 6-24-04; 8:45 am]
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