[Federal Register Volume 69, Number 122 (Friday, June 25, 2004)]
[Proposed Rules]
[Pages 35992-36001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14400]



[[Page 35991]]

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Part VII





Department of Labor





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Mine Safety and Health Administration



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30 CFR Part 75



Low- and Medium-Voltage Diesel-Powered Electrical Generators; Proposed 
Rule

  Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / 
Proposed Rules  

[[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: [email protected]. 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 [email protected], 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 [email protected] (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

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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

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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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