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

PART 7 - SUBPART E
DIESEL ENGINES INTENDED FOR USE IN UNDERGROUND COAL MINES

Introduction and Summary

Part 7, subpart E, establishes requirements for MSHA approval of diesel engines intended for use in areas of underground coal mines where permissible electrical equipment is required. It also establishes requirements for approval of diesel engines intended for use in an underground coal mine in areas where nonpermissible electrical equipment is allowed. The compliance costs in part 7, subpart E, are initially incurred by manufacturers.

The total first year costs for part 7, subpart E, will be $174,000, all of which are related to existing nonpermissible engine models. The total annualized costs, which are also related solely to existing nonpermissible engine models is $12,200. The total annual costs are $30,450, of which $24,400 are related to new nonpermissible engine models and $6,050 are related to new permissible engine models. With respect to part 7, subpart E, the majority of the compliance costs are related to tests for a maximum fuel air ratio, a gaseous ventilation rate, and a particulate index. Whether one or all of these tests are needed depends on the circumstances which are explained below in the discussion of permissible and nonpermissible engines. New Application filing costs are minimal unless otherwise noted below.

Permissible Engines

Currently, manufacturers receive MSHA approval for new permissible engine models under existing Part 36 regulations. As part of this approval process a maximum fuel air ratio test and gaseous ventilation test on new permissible engine models is performed. Under this rule, manufacturers seeking certification of new permissible engine models will now seek approval under part 7, subpart E, rather than under Part 36. The tests required under existing Part 36 for new permissible engine models are also required under part 7, subpart E. The costs now incurred under part 36 to run the maximum fuel air ratio test and the gaseous ventilation test are approximately $10,000, which includes $6,000 in engine set up costs and $4,000 to run the maximum fuel air ratio test and gaseous ventilation test. Thus, there are no additional costs associated with either a maximum fuel air ratio test or gaseous ventilation test required by part 7, subpart E.

However, under part 7, subpart E an additional test is required to determine a particulate index number for each new permissible engine model. There will be compliance costs to manufacturers associated with the particulate index test because under part 36 such a test is not required. Since $6,000 of engine set up costs is currently incurred under part 36 to run the maximum fuel air ratio test and/or the gaseous ventilation test on new permissible engine models, then no additional engine set up costs are incurred to run the particulate index test. MSHA estimates that to run a particulate index test for each new permissible engine model will cost $4,000. Also, MSHA estimates that manufacturers will seek part 7, subpart E, certification of between 1 to 2 new permissible engine models annually, or on average 1.5 engine models. Manufacturers annual costs concerning a particulate index test for new permissible engine models approved under part 7, subpart E, will be about $6,000 [$4,000 x 1.5]. Compliance costs concerning the computation of a particulate index for existing permissible engine models is discussed in § 75.1907(b)(3).

Nonpermissible Engines That Currently Have Part 32 Approval

Currently, manufacturers receive MSHA approval for nonpermissible engine models under existing part 32 regulations. As part of this approval process a maximum fuel air ratio test and gaseous ventilation test on nonpermissible engine models is performed. Under the final rule, manufacturers requesting certification of new nonpermissible engine models will seek approval under part 7, subpart E, rather than under part 32. This rule will eliminate part 32 regulations. The tests required under part 32 for new nonpermissible engine models are also required under part 7, subpart E. Thus, there are no additional costs associated with either a maximum fuel air ratio test or gaseous ventilation test required by part 7,subpart E.

However, under part 7, subpart E, an additional test is required to determine a particulate index number for existing and new nonpermissible engine models. There will be compliance costs to manufacturers associated with the particulate index test because under part 32 such a test is not required. MSHA estimates that manufacturers will seek a one time part 7, subpart E, certification of 16 existing nonpermissible engine models that currently have part 32 approvals. These 16 engine models will each require a one time test to determine a particulate index. Since these 16 existing nonpermissible engine models had the maximum fuel air ratio test and gaseous ventilation test when they were approved, the engine set up costs will be necessary when running the particulate index test. MSHA estimates that the cost to run a particulate index test is about $10,000, which consist of $6,000 of engine set up costs and $4,000 to run the particulate index test. The first year costs for a particulate index test for 16 existing nonpermissible engine models will be $160,000 [$10,000 x 16]. This one time cost of $160,000 was annualized at a rate of 7 percent to be about $11,200. With respect to new nonpermissible engine models, MSHA estimates that manufacturers will seek part 7, subpart E, certification of between 2 to 3 models annually (for an average of 2.5). There will be 2.5 new nonpermissible engine models annually that will require a particulate index test. New nonpermissible engine models are already required and would be set up to run a maximum fuel air ratio test and a gaseous ventilation test; there will be no additional engine set up costs to run a particulate index test. The costs to run a particulate index test on each new nonpermissible engine model will be $4,000. The annual costs concerning this test for new nonpermissible engine models that would have received approval under part 32 will be $10,000 [2.5 x $4,000].

Nonpermissible Engines Without Part 32 Approval

Currently, there are nonpermissible engine models that are not approved under part 32 but are present in underground coal mining. MSHA estimates that manufacturers will seek part 7, subpart E, certification of 1 such existing nonpermissible engine model. Although there are currently more than 1 existing nonpermissible engine model that is not approved under part 32, MSHA believes that manufacturers will only seek part 7, subpart E, certification for 1 such model. Other existing models are older and do not give as favorable ventilation numbers in test results as newer models. The 1 existing nonpermissible engine model will incur a one time cost for tests to determine numbers for a maximum fuel air ratio, a gaseous ventilation rate, and a particulate index. Since the engine set up procedures to conduct all three tests overlap the tests can be run simultaneously once the engine is set up. MSHA estimates that the cost to conduct all three tests will be about $14,000. This includes $6,000 in engine set up costs, $4,000 to run the maximum fuel air ratio and gaseous ventilation tests, and $4,000 to run the particulate index test. Thus, the one time costs related to all three tests for 1 existing nonpermissible engine model that is not currently approved under part 32 will be $14,000 [$14,000 x 1]. This $14,000 was annualized at 7 percent to be about $1,000. It is estimated to take 34.5 hours to prepare and submit an application at a rate of $75 per hour. Application costs are $2,600 (1 x 34.5 hrs. x $75).

Further, manufacturers currently produce 2 new nonpermissible engine models yearly which would not have part 32 approval. Under the rule, manufacturers will now have to request approval under part 7, subpart E, for such engines. MSHA estimates that manufacturers will seek part 7, subpart E, certification annually for only 1 new nonpermissible model that would have lacked part 32 approval. The costs are the same as above except for the fact that they will occur annually. Thus, the annual costs will be $14,000 [$14,000 x 1].

With respect to testing to determine a particulate index, it should be noted that some engine manufacturers may have the equipment and conduct a particulate index test to meet the U. S. Environmental Protection Agency (EPA) and the state of California requirements for diesel engines used in off highway applications. To the extent that the test results can be used to meet MSHA requirements, then diesel engine manufacturers costs will be less. Section By Section Analysis

Section 7.81 - Purpose and Effective Date

This section states that part 7, subpart E establishes the specific engine performance and exhaust emission requirements for MSHA approval of permissible (category A) and nonpermissible (category B) diesel engines. It also sets forth effective dates for part 7, subpart E. There are no compliance costs associated with § 7.81.

MSHA will permit engine testing to be performed at an Applicant or third party testing laboratories and, at this time, it is MSHA's intent to witness all such tests. The costs to the manufacturer will not significantly change as a result of MSHA's intent to witness engine testing. Currently, engines are tested at MSHA's facilities and the manufacturers' are charged for such testing. In addition, the manufacturer will generally send a company person to MSHA to answer questions that may arise during testing. If testing is done by the manufacturer or third party, an MSHA person will travel to the manufacturer laboratory at the manufacturers expense, in lieu of travel by a company person to MSHA's testing facilities, and thus the manufacturer will incur about the same costs as he did before the rule.

With respect to the costs to conduct the particulate index test, MSHA does not currently perform this test. The costs to manufacturers to conduct a particulate index test was discussed earlier in this section. Engine manufacturers and third party testing facilities are familiar with test procedures for diesel particulate and the majority of the engine manufacturers and third party test facilities currently have the capability to perform such tests in their laboratories. The costs of the tests conducted by MSHA are similar to that charged by the private sector. Thus, MSHA does not expect costs for testing under subpart E to increase significantly.

Section 7.82 - Definitions

This section establishes definitions related to part 7, subpart E. There are no compliance costs associated with this section.

Section 7.83 - Application Requirements

This section requires that applications for a diesel engine approval include such items as the engine specifications, drawings specifying all details affecting the technical requirements of this subpart, an engine general arrangement drawing, composite drawings, etc. The requirements are similar to existing 30 CFR § 36.6 and manufacturers already provide this material to MSHA for engines.

Section 7.83(f) requires that after testing has been completed the manufacturer submit certain test result numbers concerning the rated speed and horsepower. These are: (1) the gaseous ventilation rate; (2) the particulate index; (3) and a fuel deration chart for altitudes. The computation of the compliance costs for the first two items was considered earlier in the discussion of permissible and nonpermissible engines. The manufacturers currently supply the third item to MSHA.

Section 7.84 - Technical Requirements

The technical requirements for approval of diesel engines in areas of underground mines where permissible and nonpermissible equipment is required are based on the applicable sections in part 36 and 32. Many requirements of §7.84 are already met by existing permissible and nonpermissible diesel engines with part 32 approval. For those nonpermissible engine models without part 32 approval, applicable compliance costs were determined earlier in the discussion of nonpermissible engines.

Section 7.84(a)requires that the fuel injection system of a diesel engine control the rate and quantity of liquid fuel supplied to the combustion chamber. As this standard is similar to existing § 36.22 for permissible equipment and § 32.4(c) for nonpermissible equipment that have part 32 approval, manufacturers are in compliance and there are no associated compliance costs for either permissible engines or nonpermissible engines that have part 32 approval. For those nonpermissible engine models without part 32 approval, any applicable compliance costs were discussed earlier in the discussion of nonpermissible engines.

Section 7.84(b)requires that the quantity of carbon monoxide (CO) and oxides of nitrogen (NOx) being generated in the combustion process be limited to a specified concentration in the undiluted raw exhaust. This provision was derived from § 36.26(b) with respect to permissible engines and is similar to § 32.4(f)(1) concerning nonpermissible engines that have part 32 approval. Manufacturers are in compliance and there will not be any compliance costs for permissible engines or nonpermissible engines that have part 32 approval. For those nonpermissible engine models without part 32 approval, any applicable compliance costs were determined earlier in the discussion of nonpermissible engines.

Section 7.84(c)requires that a gaseous ventilation rate be established for each requested rated speed and horsepower as determined by tests described in § 7.88(b). This provision was derived from § 36.45 for permissible engines and is similar to § 32.5(a)(2) for nonpermissible engines that have part 32 approval. Manufacturers are in compliance and there will not be any compliance costs for permissible engines or nonpermissible engines that have part 32 approval. For the nonpermissible engine models without part 32 approval, any applicable compliance costs were determined earlier in the discussion of nonpermissible engines.

Section 7.84(d)requires that fuel rates specified in the fuel deration chart be based on tests conducted under (b) and (c). As this standard is similar to § 36.44(c) for permissible engines and § 32.5(a)(3)(iii) for nonpermissible engines that have part 32 approval, manufacturers are in compliance for permissible and nonpermissible engines. For those nonpermissible engine models without part 32 approval, any applicable compliance costs were computed earlier in the discussion of nonpermissible engines.

Section 7.84(e)requires that a particulate index be established for each requested rated speed and horsepower as determined by tests described in § 7.89. This provision is new and manufacturers have not typically provided this information to MSHA. Once a specific engine model is tested and approved, all engines of the same model will be considered as being in compliance with this provision. The compliance costs to determine a particulate index for engine models was computed earlier in the discussion of permissible and nonpermissible engines.

Section 7.85 - Critical Characteristics

The two critical characteristics of a diesel engine covered in this section are: (1) setting the fuel rate to altitude and; (2) having a sealed fuel injection pump adjustment. This section requires that these critical characteristics be inspected or tested on each diesel engine to ensure that performance and emission characteristics of production engines are equivalent to the tested engine.

The ACC already require manufacturers to meet certain specifications for permissible engines (see, for example, existing § 36.44(c)). As engine manufacturers already fix settings to altitudes where the equipment is being used and follow requirements concerning the fuel injection pump, there are no compliance costs associated with this requirement for permissible engines or nonpermissible engines that have part 32 approval. For those nonpermissible engine models without part 32 approval, any applicable compliance costs were computed earlier in the discussion of nonpermissible engines.

Section 7.86 - Test Equipment and Specifications

This section describes the principal equipment required to perform the tests found in § 7.87, § 7.88, and § 7.89. In addition, On November 11, 1992, the International Standards Organization (ISO) published certain standards concerning testing of diesel engines. Currently, MSHA's test equipment, specifications and procedures for testing diesel engines are somewhat different than ISO's. In this section, MSHA has become more consistent with ISO testing equipment, specifications and procedures as they pertain to diesel engine testing. The standardization of MSHA and ISO standards with respect to diesel engine test equipment and specifications and procedures; will result in manufacturers being able to forego any costs associated with having two different sets of test equipment, specifications and procedures when testing a diesel engine in order to receive MSHA approval and to conform to ISO standards.

Sections 7.86(a)(1)(i) through (a)(1)(viii)require that a dynamometer test cell be provided with the equipment described in this section in order to measure various engine parameters. This type of equipment has been used in the MSHA laboratory for many years and is typical of equipment used by diesel engine manufacturers. MSHA estimates that there are no compliance costs with these provisions for permissible engines or nonpermissible engines that have part 32 approval. For those nonpermissible engine models without part 32 approval any applicable compliance costs were computed earlier in the discussion of nonpermissible engines.

Section 7.86(a)(2)lists the specifications for No. 2 diesel fuel used during the tests. These specifications are typical of readily available No. 2 diesel fuel and will result in minor compliance costs.

Section 7.86(a)(3)requires that the test fuel temperature at inlet to the diesel engine's fuel injection pump be controlled to the engine's manufacturers specifications. As all applicable permissible and nonpermissible engines are already in compliance with this standard, there are no associated compliance costs. Section 7.86(a)(4) requires that the engine coolant outlet temperature (if applicable) shall be maintained at normal operating temperatures as specified by the engine manufacturer. There are no compliance costs associated with this provision.

Section 7.86 (a)(5)requires the charge air temperature and cooler pressure drop be set to within 7 F(4 C) and 059 inches Hg(2kPa), respectively, of the manufacturer's specification. As all applicable permissible and nonpermissible engines are already in compliance with the standard, there are no associated compliance costs.

Sections 7.86(b)(1) through (b)(9)details construction requirements and components of the gaseous emission sampling system as well as other related items. No compliance costs are associated with these sections because manufacturers can fulfill these requirements.

Sections 7.86(b)(10) through (15)describes general and detailed specifications for each gas analyzer used in the emission sampling system. The types of analyzers described are currently used by the ACC and are typical of instruments used by diesel engine manufacturers. Thus, there are no associated compliance costs for permissible engines or nonpermissible engines that have part 32 approval. For those nonpermissible engine models without part 32 approval, any applicable compliance costs were computed earlier in the discussion of nonpermissible engines.

Sections 7.86(b)(16) through (22)list the specifications for the calibration, span, and zero grade gases. No compliance costs are associated with these sections for permissible engines or nonpermissible engines that have part 32 approval. For those nonpermissible engine models without part 32 approval, any applicable compliance costs were computed earlier in the discussion of nonpermissible engines.

Section 7.86(c)describes the equipment and certain conditions needed to establish a particulate sampling system. This section involves a standard method of measuring whole diesel particulate. There are no associated compliance costs because the method is already used by engine manufacturers for other government agency requirements.

Section 7.87 - Test for Determination of Maximum Fuel-Air Ratio

This section describes the tests for determining the maximum fuel-air ratio as referenced in § 7.84(b). Concerning permissible engines, this test procedure was derived from existing § 36.44 and § 36.41 and is being conducted as part of the approval process. With respect to nonpermissible engines which have part 32 approval, this test procedure is similar to that required in part 32.4(f)(1). Thus, there will be no compliance costs for either permissible engines or nonpermissible engines that have part 32 approval. For those nonpermissible engine models without part 32 approval, any applicable compliance costs were computed earlier in the discussion of nonpermissible engines.

Section 7.88 - Test for Determination of Ventilation Rate

This section concerns test procedures for determining the ventilation rate referenced in § 7.84(c). Emission data in conjunction with engine performance data allow this ventilation rate to be determined. With respect to permissible engines, this test procedure was derived from existing § 36.43 and § 36.45 and is being conducted as part of the approval process. Concerning nonpermissible engines, this test procedure is similar to § 32.5(a)(2). MSHA estimates that there will be no compliance costs for permissible engines or nonpermissible engines that have part 32 approval. For those nonpermissible engine models without part 32 approval, any applicable compliance costs were computed earlier in the discussion of nonpermissible engines.

Section 7.89 - Test for Determination of Particulate Index

This section describes the test procedure for determining the particulate index referenced in § 7.84(e). The tests are performed to determine the concentration by weight of diesel particulate in whole diesel exhaust. The compliance costs have been determined earlier in the discussion of permissible and nonpermissible engines.

Section 7.90 - Approval Marking

This section requires that a permanent and legible approval plate containing specific information be attached to diesel engines. Currently, MSHA does not require this, but most, if not all, manufacturers already provide some of the required information. As reported by two engine manufacturers, the incremental compliance cost of including the additional information is between $0.80 per plate and $5.00 per plate depending on the plate, how it is attached, labor time needed, etc. MSHA used the average of $2.90 for each plate. With respect to manufacturer's costs, MSHA assumed that the yearly average numbers of diesel-powered equipment introduced into mines between 1984 and 1994 (20 pieces of permissible diesel-powered equipment and 128 pieces of nonpermissible diesel-powered equipment) as a projection of this equipment in future years. On that basis, MSHA estimates that the annual costs of plates on new pieces of permissible equipment will be about $50 (20 x $2.90). Similarly, the annual costs of plates on new pieces of nonpermissible diesel-powered equipment will be about $400 (128 x $2.90).

Section 7.91 - Post-Approval Product Audit

If an MSHA inspector discovered potential problems with a previously approved engine, then under § 7.91, MSHA could require that the approval holder make a diesel engine available for audit at no cost. This type of situation is unlikely to occur or may occur no more than once a year. The manufacturer's cost to ship an engine to MSHA would be between $200 to $400. Thus, the compliance costs would be minimal.

Section 7.92 - New Technology

This section allows MSHA to consider new technology that may help to address safety aspects of diesel-powered engines. There are no compliance costs associated with this provision, since it tends to address future developments not known at this time. This provision is actually a benefit to manufacturers since it allows MSHA to build flexibility in the rule to address future technology.

PART 7 - SUBPART F
DIESEL POWER PACKAGES INTENDED FOR USE IN AREAS
WHERE PERMISSIBLE ELECTRIC EQUIPMENT IS REQUIRED

Introduction and Summary

Part 7, subpart F establishes requirements for MSHA approval of diesel power packages intended for use in underground coal mine areas where equipment is required to be permissible. With respect to part 7, subpart F, MSHA estimates that one time costs for manufacturers will be $52,800. The annualized costs will be $3,700. The total annual costs are estimated to be about $4,100. This cost mainly reflects modifications to existing safety component system approvals and costs for exhaust temperature sensor devices noted in § 7.98(s)(4)(ii).

Power Package Cost

There is no additional burden on manufacturers for filing an application for approval for a new diesel power package because the amount of tests and paperwork needed by MSHA would be equivalent to that required if the application were requested under the existing part 36 regulations. Under existing part 36 a safety components system now approved by MSHA is similar to a diesel power package that will be approved under part 7, subpart F. In the future, manufacturers will seek approval for a new diesel power package under part 7, subpart F, rather than seeking approval for a safety components system under part 36. With respect to new diesel power packages for which approvals will be sought in the future by manufacturers, there will be an annual reduction in the amount of existing cost incurred by manufacturers under part 36 and an equivalent annual cost will appear under part 7, subpart F. MSHA estimates that yearly, manufacturers will seek approval under part 7, subpart F, for between 1 and 2 (for an average of 1.5) new diesel power packages. The average cost for the power package tests is estimated to be approximately $20,000. The annual costs for power package tests concerning new diesel power packages will be about $30,000 [1.5 new applications x $20,000]. There will be an equivalent cost reduction of $30,000 per year under part 36, since these applications will now be processed under part 7, subpart F, rather than under Part 36. Thus, the cost increase under part 7, subpart F, for seeking approval for a new power package will be offset because the manufacturer will no longer seek a safety components system approval under existing part 36.

Certain existing safety components system certifications previously issued by MSHA to a manufacturer could be used to comply with the requirements for a diesel power package under part 7, subpart F. This could happen if the manufacturer files an application with MSHA requesting that the existing safety components system previously approved under part 36 now be approved under part 7, Subpart F. MSHA estimates that this will be the case for about 33 existing safety components system approvals. The average cost for the power package tests is estimated to be approximately $1,600. MSHA estimates that the one time cost to process the 33 existing approvals will be about $52,800 [33 existing applications x $1,600]. The one time cost of $52,800 was annualized at 7 percent to be about $3,700 [$52,800 x 0.07]. It will take 12 hours to prepare and submit additional information for an existing application at a rate of $75 per hour. These costs will occur only once and were annualized at a rate of 7 percent. The one time application costs are estimated to be about $2,000 [33 existing applications x 12 hours x $75 per hour x 0.07].

Section 7.95 - Purpose and Effective Date

This section establishes specific requirements for MSHA approval of permissible diesel power packages. Part 7, subpart F diesel power packages are intended for use areas of the mine where methane and combustible materials are present.

Part 7, subpart F, will enable applicant or third party testing of power packages. Concerning the tests conducted under subpart F, MSHA believes that the industry will not have significant difficulty preparing, at prices comparable to MSHA's, for most tests required under subpart F. However, because test facilities to conduct explosion tests are not available at this time, MSHA will continue to perform such testing until it determines that the competitive capacity exists in the private sector. MSHA believes that diesel power package manufacturers and certain research facilities are familiar with explosion tests for both diesel and electrical components, and they could construct adequate test apparatus without significant capital investment.

Section 7.96 - Definitions

This section contains definitions applicable to part 7, subpart F. There will be no compliance costs for this section.

Section 7.97 - Application Requirements

This section requires applicants to provide: diesel engine specifications; a general arrangement drawing; a schematic of the cooling system; a schematic of the safety shutdown system; detailed drawings or specifications for certain components of the cooling system; detailed drawings of various gaskets; and other relevant information needed to document compliaNce with the section. The ACC reported that all manufacturers already provide this information as part of the application requirements under existing § 36.6(b) or existing policy. There will be no associated compliance costs.

Section 7.98 - Technical Requirements

The technical requirements for approval of the diesel power packages under § 7.98 are based on existing sections in parts 18 and 36.

Section 7.98(a)requires that diesel engines be approved for use in underground mines prior to testing the complete diesel package. As this is similar to existing § 36.21 and manufacturers are in compliance, there will be no associated compliance costs.

Section 7.98(a)(1)requires that starting mechanism be hydraulic, pneumatic, or of other acceptable means. As this is similar to existing § 36.21 and manufacturers are in compliance, there will be no associated compliance costs.

Section 7.98(a)(2)requires systems using air compressors to have the intake air line of the compressor connected to the intake system between the air cleaner and flame arrester or to have an integral air filter. This requirement is implied in existing § 36.23(a) in which connections to intake systems must be explosion-proof. As manufacturers are currently complying with this requirement, there will be no associated compliance costs.

Section 7.98(b)consists of three components. The first component requires that the maximum attainable external surface temperature of a diesel power package be 302F (150°C). Although existing § 36.25(d)(1) allows a maximum surface temperature of 400°F for any external surface of the engine or exhaust system, that requirement applies for non-coal mines. A more stringent requirement of 302°F was derived from existing § 18.23 which regulates external surface temperatures of electrical motor driven mine equipment. The more stringent requirement has been applied to coal mines because some types of coal dust ignite at 305°F. Manufacturers currently comply with the 302°F requirement because diesel power packages intended for use in coal mines are currently tested at 302°F.

The second component requires that water-jacketed parts have a positive coolant circulation and a properly vented system. Positive circulation of the coolant is currently required by § 36.25(d)(1). The venting requirement is new but it assists with positive circulation and MSHA believes that it will not impose additional compliance costs.

The third component requires installation, in the hottest point of a coolant system, of a temperature sensor that will shut down the engine before the coolant temperature exceeds manufacturer's specifications or 212°F (100° C). As existing § 36.25(d)(1) requires a sensor to shut off the engine before the coolant exceeds 212°F (100° C), manufacturers are in compliance and there will be no associated compliance costs.

Section 7.98(c)allows a maximum of 0.6 percent magnesium content of aluminum alloys of internal/rotating parts. Existing § 36.20(b) states that the quality of the material shall conform to part 18, which limits magnesium content to 0.5 percent. MSHA policy however, has permitted the use of 0.6 percent magnesium. Thus, there will be no associated compliance costs or cost reductions.

Sections 7.98(d) and (e)require that nonmetallic rotating parts and rubber V-belts not accumulate static electricity. Existing § 36.20(b) references part 18 and existing § 18.26 specifies the static electricity requirement. As § 7.98(d) and (e) requirements are similar to existing requirements, and there will be no associated compliance costs.

Section 7.98(f)prohibits the engine crankcase breather discharge to be connected to the intake system. While no existing standard can be tied directly to § 7.98(f), existing § 36.23(d) requires that only clean air shall enter the flame arrester. For all practical purposes, this existing provision forbids the crankcase breather from being connected to the intake system. As manufacturers are in compliance with this provision, there will be no associated compliance costs. This section also requires the discharge of the breather to be directed away from hot surfaces of the engine and exhaust system. As existing § 36.25(d)(3) forbids accumulation of combustible material on surfaces, there will be no associated compliance costs.

Sections 7.98(g) and (h)require electrical components and systems utilized on diesel power packages to be evaluated and approved by MSHA prior to installation of diesel power packages. As existing § 36.32(a) and (b) contain similar requirements, manufacturers are in compliance and there will be no associated compliance costs.

Section 7.98(i)(1)requires diesel power packages to be equipped with a coolant temperature sensor which will shutdown the engine if the coolant temperature exceeds either the manufacturer's specifications or 212°F. As existing § 36.25(d)(1) requires the use of this temperature sensor and § 36.47(g) describes the test for the 212°F sensor, there will be no associated compliance costs.

Section 7.98(i)(2)requires diesel power packages to have an exhaust gas temperature sensor which will shutdown the engine if the exhaust gas temperature exceeds 302°F, or 185°F if the system utilizes an exhaust water scrubber conditioner. This requirement relaxes existing requirements that did not provide for dry exhaust systems. Existing § 36.25(c)(1) requires a device that will automatically shutdown the engine before the exhaust gas exceeds 185°F. Thus, this device could be either the low-water shutdown float or the exhaust gas temperature sensor or both, if necessary, to meet the requirements of existing § 36.25(c)(1). The 302°F sensor for dry exhaust systems was added because the temperature effects of 302°F exhaust gas in a mine environment are the same as the effects of 302°F machine external surfaces. There are no compliance costs associated with this standard.

Section 7.98(i)(3) requires diesel power packages to have alow water shutdown sensor for systems utilizing exhaust conditioners. This section also requires replenishing the water before restarting the engine. There are no costs for this section because the requirements already are meet by existing §36.25(c)(1).

Section 7.98(j)(1) requires features for disabling the starting circuit and preventing engagement while the engine is running or requiring the starter gears to be constructed of nonsparking materials. The disabling device is already required by the ACC pursuant to Alternate Application Procedures (PC-40-25-0).

Section 7.98(j)(2) requires that an oil pressure override not be capable of overriding safety shutdown sensors specified in §7.98(i). Although this requirement is not explicitly stated in existing standards, this is MSHA's policy. As manufacturers have had to meet this policy, they are in compliance and there will be no associated compliance costs.

Section 7.98(k) requires diesel power packages to pass the explosion tests of §7.100 and to meet technical design requirements of §7.98(l) through (q) in order to be approved. As this standard is implied by existing §36.10, manufacturers are in compliance and there will be no associated compliance costs.

Section 7.98(l) requires approved diesel engines to meet the same requirements as stated in §7.98(k) except that engine joints directly or indirectly connecting the combustion chamber to the surrounding atmosphere must be explosion-proof in accordance with .7.89(m) through (q). MSHA experience has shown that normal engine design tolerances provide safe explosion-proof joints. As manufacturers are in compliance with this requirement, there will be no associated compliance costs.

Section 7.98(m) requires each intake or exhaust system component to be structurally sound. Existing §36.23(a) and § 36.25(a) require components to be designed to withstand an internal pressure of either four times that seen in explosion tests or 125 pounds per square inch. Although the requirement is being increased to 150 pounds per square inch to conform with existing §18.31(a)(1), MSHA does not foresee any significant cost increase because most manufactured components are already structurally adequate to withstand the increased pressure.

Section 7.98(n) requires welded joints to be continuous, sound, and gas tight to prevent passage of flames caused by internal explosions. This standard is not specified in part 36 but is implied by construction requirements of existing §36.23(a) and §36.25(a). As manufacturers are in compliance, there will be no associated compliance costs.

Section 7.98(o) states that flexible connections shall be permitted in segments of the intake and exhaust systems required to provide explosion-proof features. This provision clarifies existing MSHA policy which manufacturers are in compliance with and, thus, there will be no associated compliance costs. Moreover,existing §36.20(a) allows for various designs as long as construction and design meet technical test criteria established by MSHA.

Section 7.98(p) defines technical design requirements for explosion-proof joints in the intake and exhaust systems. Existing §36.23(a) and §36.25(e) specify these design requirements for joints and manufacturers are in compliance with such requirements. Thus, there are no associated compliance costs.

Sections 7.98(p)(1) and (2) require flanged metal to metal joints which meet the requirements of §7.98(q) or metal flanges fitted with metal gaskets. According to the ACC this provision is similar to existing §36.23(a), which references §36.20(b), which references part 18. As manufacturers are in compliance with the standard, there will be no associated compliance costs.

Section 7.98(p)(2)(i) specifies design requirements for flanges used for explosion-proof joints. As these requirements are similar to existing §18.31(a)(6) and §18.33, manufacturers are in compliance and there will be no associated compliance costs.

Section 7.98(p)(2)(ii) requires a means to ensure tight explosion-proof joints. This requirement was derived from existing §18.32(b) and as manufacturers are in compliance, there will be no associated compliance costs.

Section 7.98(p)(2)(iii) requires fastenings for explosion-proof joints to be as uniform in size as possible. This provision is derived from existing §18.32(c) which is not applicable to diesel-powered equipment. However, MSHA experience reveal that manufacturers are in compliance with the requirement. Thus, there will be no associated compliance costs.

Section 7.98(p)(2)(iv) specifies requirements for holes for fastenings in explosion-proof enclosures. This provision is derived from existing §18.32(d) which is not applicable to diesel-powered equipment. However, MSHA experience reveal that manufacturers are in compliance with the requirement. Thus, there will be no associated compliance costs.

Section 7.98(p)(2)(v) specifies requirements For the use of fastenings. This provision is derived from existing §18.32(f) which is not applicable to diesel-powered equipment. However, MSHA experience reveal that manufacturers are in compliance with the requirement. Thus, there will be no associated compliance costs.

Section 7.98(p)(2)(vi) specifies the minimum thickness for flanges. This provision is derived from existing §18.32(a)(6) which is not applicable to diesel-powered equipment. However, the ACC reports that manufacturers are in compliance with this requirement. Thus, there will be no associated compliance costs.

Section 7.98(p)(2)(vii) specifies that the maximum fastening spacing shall be 6 inches. This provision is derived from existing §18.32(a)(6) which is not applicable to diesel-powered equipment. However, MSHA experience reveal that manufacturers are in compliance with this requirement. Thus, there will be no associated compliance costs.

Section 7.98(p)(2)(ix) provides that minimum thread engagement of fastenings shall be equal to or greater than the nominal diameter of the fastenings specified in §7.98(p)(2)(viii). MSHA experience reveal that manufacturers are in compliance with §7.98(p)(2)(viii) and (ix). Thus, there will be no associated compliance costs.

Section 7.98(p)(1)(x) formally establishes acceptable design criteria for metal gaskets. This provision is new and was developed after an extensive literature search and discussions with manufacturers. It provides guidelines for acceptable gaskets without requiring extensive evaluation by MSHA. At times, gaskets submitted to MSHA have been of unacceptable designs and could have resulted in premature failure. By providing guidelines for acceptable gaskets, MSHA believes that final products will be less likely to fail. There will be no associated cost of compliance because this requirement informs manufacturers, who have alternative equal cost items, which gaskets will be acceptable.

Sections 7.98(q)(1) through (q)(7) specify many technical design requirements for construction of explosion-proof systems. Existing §18.3(a)(6), §18.32, and §18.33 were used to develop these requirements and as manufacturers are in compliance with these standards, there will be no associated compliance costs.

Section 7.98(r)(1) requires an emergency intake air shutoff device to be located in the intake system between the air cleaner and intake flame arrester. MSHA's policy already require manufacturers to comply with this standard before a power package is approved. MSHA believes that there will be no associated compliance costs.

Section 7.98(r)(2) requires a flame arrester in the intake system to prevent internal ignitions from propagating to the environment. MSHA experience reveals that this requirement is similar to existing §36.23(b)(1) and, as manufacturers are in compliance, there will be no associated compliance costs.

Section 7.98(r)(3) specifies intake flame arrester designs that are acceptable for the intake system and for testing under §7.100. This section provides for crimped ribbon flame arresters. The crimped ribbon flame arresters have been allowed under existing §36.20. As manufacturers are in compliance, there will be no associated compliance costs.

Section 7.98(r)(4) requires an air cleaner and service indicator to be installed in the intake system of the diesel power package. Existing §36.23(d) requires an air cleaner in the intake system and MSHA policy has required a service indicator for approvals under part 36. As manufacturers are in compliance, there will be no associated compliance costs.

Section 7.98(r)(5) requires a port in the intake system of diesel power packages. This requirement is similar to existing §36.23(e). As manufacturers are in compliance, there will be no associated compliance costs.

Section 7.98(s)(1) requires that flame arresters be designed to prevent an explosion within the system from propagating to a surrounding atmosphere. This provision also provides requirements for both wet and dry types of exhaust systems. For the wet type of exhaust system, the requirements are similar to those in §36.25. As manufacturers are in compliance, there will be no compliance costs associated with wet types of exhaust systems.

In the past, existing part 36 only allowed the use of the wet type of exhaust system on permissible equipment because the technology for the dry system was not advanced enough to address MSHA's safety concerns regarding fire and explosion hazards on diesel-powered equipment. However, currently technology for the dry system is advanced to address such safety concerns for the dry systems and the mine operator now has a choice to use either a wet or dry system.

Section 7.98(s)(2) allows wet exhaust conditioners to be used as the exhaust flame arrester provided that explosion tests of §7.100 demonstrate that exhaust conditioners will arrest flame. When used as a flame arrester, the wet exhaust conditioner shall be equipped with a sensor to automatically activate the safety shutdown system at a minimum low water level specified in §7.100. This requirement is similar to existing §36.25(b)(3) where the sensor is required. This section also requires that engines cannot be restarted until the water supply in the wet exhaust conditioner has been replenished, which is similar to existing requirements in §36.25(c)(1). As manufacturers are in compliance with these requirements, there will be no associated compliance costs.

Section 7.98(s)(3) requires the exhaust system to be designed so that improper installation of the flame arrestor is impossible. As manufacturers are in compliance, there are no associated compliance costs.

Section 7.98(s)(4) specifies that the exhaust system shall provide a means to cool exhaust gas and prevent discharge of glowing particles. As existing §36.25(c)(1) requires an engine exhaust cooling system, manufacturers are in compliance and there will be no associated compliance costs.

Section 7.98(s)(4)(i) specifies that when a wet exhaust conditioner is used a maximum exhaust gas discharge temperature from the power package not exceed 170F (76 C). In addition, this provision requires a sensor to activate the safety shutdown system before the exhaust gas exceeds 185F (85 C). As sensors of relatively similar design and function are currently required under part 36.25, there will be no associated compliance costs for manufacturers.

Section 7.98(s)(4)(ii) requires a low water shutdown sensor and an exhaust temperature sensor. The function of these two devices is to activate the safety shutdown system before the exhaust gas temperature at discharge from the exhaust conditioner exceeds 302° F (150° C). Currently, part 36.25(c)(1) accepts the use of one of these devices. Although most existing and new permissible equipment have only the low water shutdown device, part 36 does not preclude the use of both if one device is not adequate. Existing permissible equipment approved under part 36 that is currently in use in underground coal mines is exempted from this standard. Thus, only new permissible equipment is affected by this standard and manufacturers will therefore incur costs for the addition of an exhaust gas temperature sensor.

The ACC estimates that all new permissible equipment have low water shutdown devices and about 10 percent of such equipment have exhaust temperature sensor devices. Thus, approximately 90 percent, or 16 pieces (18 x .90), of all new manufactured permissible equipment that is introduced into mines annually will need an exhaust temperature device. The purchase and installation of an exhaust temperature sensor is approximately $100, and require about 30 minutes of maintenance labor each month to calibrate the device. One years maintenance costs at a labor rate of $26 per hour will be about $156 [(30/60 x $26) x 12 mos.]. The annual costs related to the exhaust temperature sensor are about $4,100 [(16 x $100) + (16 x $156)]. There are no first year or annualized costs.

Section 7.98(s)(5) allows for other means, such as future technological improvements, for cooling exhaust gas and preventing the propagation of flame or discharge of glowing particles. As this requirement is implied by existing §36.20(a), manufacturers are fully in compliance and there will be no associated compliance costs.

Section 7.98(a)(6) requires a port designed for measurement of total exhaust back pressure in the exhaust system of the diesel power package. As this requirement is similar to existing §36.25(g), manufacturers are in compliance and there will be no associated compliance costs.

Section 7.99 - Critical Characteristics

This section lists critical characteristics of diesel power packages that must be inspected or tested by manufacturers prior to shipment. Inspecting or testing these characteristics are requirements implied by existing §36.11(c) and (d). For example, existing §36.11(d) "obligates the applicant to whom the certificate of approval was granted to maintain in his plant the quality of each complete assembly ... and guarantees that it is manufactured and assembled according to the drawings, specifications, and descriptions upon which a certificate of approval was based." MSHA experience reveals that manufacturers are almost completely, if not completely, in compliance with these requirements. Therefore, manufacturers will incur minimal, if any, compliance costs.

Section 7.100 - Explosion Tests

This section describes the explosion tests that must be performed as referenced in §7.98 and is derived mainly from §36.46.

Section 7.100(a)(1) describes items, noted below, that need to be performed or established prior to installation of the diesel power package in the explosion test chamber. There are no associated compliance costs.

Section 7.100(a)(1)(i) requires a detailed inspection of parts against the drawings and specifications prior to testing. These requirements are similar to existing §36.42 and are conducted as part of the approval process. Thus, there are no associated compliance costs.

Sections 7.100(a)(1)(ii) through 7.100(a)(3)(v) describe procedures for conducting explosion tests. These procedures were developed by the ACC based on past experiences and current test methods. Although specific procedures outlined in these sections are new because existing part 36 does not specify actual procedures, these procedures do not differ from current industry practices. Thus, MSHA believes that there are no associated compliance costs.

Section 7.100(b) defines the requirements for acceptable performances of diesel power packages during and after completion of explosion tests. These performance criteria were derived from existing §36.46(a) and (c) and some may be considered to be specification-oriented. Nevertheless, MSHA experience reveals that these criteria are current practices. There are no associated compliance costs.

Section 7.101 - Surface Temperature Tests

This section describes surface temperature tests that must be performed as referenced in §7.98. The surface temperature tests determine whether the temperature of any surface of the diesel power package can exceed 302° F. Although existing §36.48 prohibits the temperature of any diesel power package surface to exceed 400° F, MSHA policy has been to evaluate diesel power packages under the 302° F requirement. As a result, these requirements do not differ from current practice and there will be no associated compliance costs.

Section 7.101(a)(1)(i) requires a detailed inspection of the parts against the drawings and specifications prior to testing. This requirement is similar to existing §36.42. As manufacturers are in compliance with the requirement, there will be no associated compliance costs.

Sections 7.101(a)(1)(ii) through (b) describes the surface temperature tests that must be performed as referenced in §7.98. These tests and procedures were developed by the ACC based on past experiences and current test methods. Although the procedures are new, in that, part 36 does not specify the actual procedures, they do not differ from current industry practices. Consequently, there will be no compliance costs associated with these tests.

Section 7.102 - Exhaust Gas Cooling Efficiency Tests

This section describes the exhaust gas cooling efficiency tests that must be performed as referenced in § 7.98. As these tests are similar to those required in existing § 36.47 and do not differ from current industry practices, there will be no associated compliance costs.

Section 7.103 - Tests of the Safety System Controls

This section involves the requirements for and testing of the safety system controls on diesel-powered equipment.

Sections 7.103(a)(1) and 7.103(a)(2) describe requirements for testing the effectiveness of coolant system temperature shutdown sensors. These tests are conducted to ensure that safety system controls are designed and functioning properly. As the tests requirements are similar to existing
§ 36.47 and do not differ from current industry practices, there will be no associated compliance costs.

Section 7.103(a)(3) describes procedures for testing the exhaust gas temperature sensor. The temperature sensor is acceptable if it automatically activates the safety shutdown system and stops the engine before the cooled exhaust exceeds 302° F (150° C). This type of temperature sensor only applies to alternate dry exhaust systems. The dry exhaust system is not required, but is an alternate method which the equipment manufacturer may choose in lieu of a wet exhaust system. MSHA estimates that there will be no compliance costs with this provision as these requirements do not differ from current industry practices.

Section 7.103(a)(4) describes laboratory procedures for testing the exhaust gas temperature sensor for systems using wet exhaust conditioners where the exhaust gas temperature does not exceed 170° F (76° C) under test conditions of § 7.100(a)(2) of part 7, subpart F. As these are current industry practices, there will be no associated compliance costs.

Section 7.103(a)(5) describes procedures for testing the low water sensor when a wet exhaust conditioner is used as the flame arrester. Although existing § 36.25(b)(3) requires a low water sensor, there is no specific test for its evaluation in part 36. However, ACC developed a test for evaluating the low water sensor after part 36 was promulgated. As the requirements in this provision do not differ from current practices, there will be no associated compliance costs.

Section 7.103(a)(6) describes procedures for testing the intake air emergency shutoff device. Although part 36 does not provide for testing the intake air emergency shutoff device, the ACC has developed a test that is currently used for part 36 certifications. As the requirements in this section do not differ from current practices, there will be no associated compliance costs.

Sections 7.103(a)(7) and (a)(8) describe procedures for measuring the total intake vacuum and total exhaust back pressure of the engine. Although part 36 does not provide for such procedures, the measuring procedures are those recommended by engine manufacturers and are currently being used for part 36 certifications. As the requirements in this standard do not differ from current practices, there will be no associated compliance costs.

Sections 7.103(a)(9) and 7.103(a)(10) require: (1) the starting mechanism to be tested while the engine is running and; (2) the engine oil pressure override mechanism to be tested to ensure that it does not override required safety shutdown devices. Although these tests are not addressed in part 36, the ACC currently requires such tests for part 36 certifications. As these requirements do not differ from current industry practices, there will be no associated compliance costs.

Section 7.103(b) identifies acceptable criteria for safety system controls. These are performance criteria and will not result in any compliance costs.

Section 7.104 - Static Pressure Test

This section describes the internal static pressure test that must be performed to determine if the designs of the intake and exhaust system components are structurally sound. Although existing
§ 36.23(a) and § 36.25(a) reference pressure testing, the test is not specified. Nevertheless, the ACC has developed a test that is currently used for part 36 certifications. Consequently, requirements in this section do not differ from current practices and there will be no associated compliance costs.

Section 7.105 - Approval Marking

This section contains a new requirement that a legible and permanent approval plate inscribed with the assigned MSHA approval number and exhaust conditioner grade limitation be attached to safety power packages that are on permissible diesel-powered machines. Using the average cost for installing an approval plate of about $2.90 and that 20 new pieces of permissible equipment are introduced annually, the annual cost will be about $50.

Section 7.106 - Post-Approval Product Audit

This section, which is similar to existing § 36.9(a), requires an approval holder to make an approved diesel power package available for audit at a mutually agreeable site and time. As the ACC has not recently conducted any formal post-approval product audits and does not foresee conducting any in the near future, there will be no associated compliance costs.

Section 7.107 - New Technology

This section allows MSHA to approve diesel power packages that may incorporate technology for which the specific requirements of part 7, subpart G, are not appropriate. This provision is similar to existing § 36.20(a), which allows MSHA to modify construction and design requirements of subassemblies or components. This provision is included MSHA cannot foresee all possible designs, arrangements, or combinations of components or materials that will improve or sustain the same level of miner safety and health, while increasing productivity and/or decreasing costs. MSHA believes that this provision will increase flexibility and allow MSHA to address new technology and thus decrease costs.

Section 7.108 - Power Package Checklist

This section requires approval holders to provide a checklist with each approved diesel power package. This checklist will identify features that must be checked or tested in order to determine whether diesel power packages are in approved condition. As MSHA's policy since 1983 has required applicants to supply a draft permissibility checklist to the Agency, at the time of submitting an application, there are no expected compliance costs associated with the creation of the checklist.

Section 70.1900 - Exposure Monitoring

Section 70.1900 requires area sampling and designates actions to be taken based upon the sampling results.

Section 70.1900(a) requires that during on-shift examinations required by § 75.362 a certified person designated by the operator shall determine carbon monoxide (CO) and nitrogen dioxide (NO2) concentrations. There are no compliance costs related to certification because the certified person noted above can be the same person currently making methane checks for the on-shift examination required by existing § 75.362.

Section 70.1900(a)(1) requires area sampling in the return of each working section where diesel equipment is used at a location which represents the contribution of all diesel equipment on such section. There will be compliance costs related to sampling for this provision. In order to accomplish the sampling requirements of § 70.1900 MSHA estimates that mines will have to purchase instantaneous gas analyzing devices capable of providing multiple gas readings simultaneously. Since these instruments will be used to do the sampling required in various provisions under § 70.1900, the compliance costs for such equipment is determined in § 70.1900(b)(1) and (b)(2), rather than in each provision below where sampling is estimated to occur.

Pursuant to paragraph (a)(1) area samples of CO and NO2 will need to be taken in 2 to 4 areas (for an average of 3 areas) in large mines and 1 to 2 areas (for an average of 1.5 areas) in small mines. Samples will be taken on every shift in all 158 large and 15 small mines. Generally, large mines using diesel equipment have 2 shifts and small mines have 1 shift. Large mines operate 5 days per week for 50 weeks (250 working days) and small mines operate 4 days per week for 40 weeks (160 working days). The response time to display readings, with regards to the instantaneous gas analyzer devices noted above, is estimated not to exceed 1 minute, or 0.0167 hours. The labor cost for the mine examiner is valued at $34.50 per hour. The $34.50 rate is based on a weighted average which assumes that a certified supervisory type person earning $37.50 per hour will perform the examinations 75 percent of the time and; a certified person earning $26 per hour will perform the examination 25 percent of the time. Based upon this data, the annual compliance costs to take area samples in accordance with paragraph (a)(1) will be $138,625, of which large mines will incur about $136,550 [((158 mines x 2 shifts) x 3 areas x 250 days) x 0.0167 x $34.50] and; small mines will incur about $2,075 [((15 mines x 1 shift) x 1.5 areas x 160 days) x 0.0167 x $34.50].

Section 70.1900(a)(2) requires that during the on-shift examinations required by § 75.362, concentrations of CO and NO2 must be determined in the area of the section loading point if diesel haulage equipment is operated on the working section. MSHA estimates that about 50 percent of large mines (about 79 mines) and about 40 percent of small mines (about 6 mines) will be affected by this section. Pursuant to paragraph (a)(2), area samples of CO and NO2 will need to be taken in 3 to 4 areas (for an average of 3.5 areas) in a large mine and 1 to 2 areas (for an average of 1.5 areas) in a small mine. The information for large and small mines concerning: the number of shifts; the number of workdays; the time required to sample; and the labor costs are the same as determined in paragraph (a)(1) above. Thus, the annual costs to sample under paragraph (a)(2) will be $80,500, of which large mines will incur about $79,650 [(79 mines x 2 shifts) x 3.5 areas x 250 days) x (0.0167 hrs. x $34.50)] and small mines will incur about $850 [(6 mines x 1 shift) x 1.5 areas x 160 days) x (0.0167 hrs. x $34.50)].

Section 70.1900(a)(3) requires that the concentration of CO and NO2 be determined during on-shift examinations at a point inby the last piece of diesel equipment on the longwall or shortwall face when mining equipment is being installed or removed. The costs associated with taking these samples are included in costs determined in paragraph (a)(1) above.

Section 70.1900(a)(4) requires area samples to be taken in any other area designated by the District Manager as stipulated in the mine operator's approved ventilation plan where diesel equipment is operated in a manner which can result in significant concentration of diesel exhaust. This provision will not apply to all mines but rather to those that have unique ventilation systems. MSHA estimates that 10 percent of large mines (about 16 mines) and 10 percent of small mines (about 2 mines) will be affected by this section. Pursuant to paragraph (a)(4) area samples of CO and NO2 will need to be taken in 1 to 2 areas (for an average of 1.5 areas) in both large and small mines. The information for large and small mines concerning: the number of shifts; the number of workdays; the time required to sample; and the labor costs are the same as determined in paragraph (a)(1) above. Thus, the annual costs to sample under paragraph (a)(4) will be $7,200, of which large mines will incur about $6,925 [((16 x 2 shifts) x 1.5 areas x 250 days)) x (0.0167 hrs. x $34.50)] and small mines will incur about $275 [((2 x 1 shift) x 1.5 areas x 160 days)) x (0.0167 hrs. x $34.50)].

Section 70.1900(b)(1) and (b)(2) requires that samples be collected such that results are available immediately to the person collecting such samples and that instruments used to measure exposures be maintained and calibrated. Currently, under existing mine ventilation standards, each mine operator must submit a mine ventilation plan that requires sampling of methane and oxygen. If the mine has diesel equipment it currently does some kind of sampling for CO and other noxious gases. Such measurements are currently taken with either an instantaneous gas analyzer device or with a sample pump kit and stain tubes. MSHA assumes that in order to conduct the area sampling required by § 70.1900 mines are likely to use instantaneous gas analyzer devices capable of providing multiple gas readings simultaneously, however, currently most mines do not have such devices. Most instantaneous gas analyzer devices currently used by mines that have them provide readings for one gas only.

MSHA estimates that about 25 percent of large mines have instantaneous gas analyzer devices (about 3 devices per mine) capable of providing multiple gas readings simultaneously. In order to conduct the area sampling required by § 70.1900 MSHA estimates that both large and small mines will need 1 instantaneous gas analyzer device capable of providing multiple gas readings instantaneously per working section. Large mines are estimated to have 2 to 4 working sections (for an average of 3 working sections) per mines. Small mines are estimated to have 1 to 2 working sections (for an average of 1.5 working sections) per mine. Thus, 75 percent of large mines (119 mines) will need 3 devices per mine. All 15 small mines will need 1.5 devices each per mine. A mine cannot realistically purchase 1.5 devices, however, the 1.5 figure is an average which implies that some small mines will buy 1 device while others will purchase 2 devices. One manufacturer estimated that such a device will cost about $1,350, while another stated that it will cost about $1,600. MSHA used the average of these two prices ($1,475) for the cost of an instantaneous gas analyzer device that measures multiple gases, such as CO and NO2.

The first year costs for purchasing equipment in order to conduct area sampling will be about $559,775, of which large mines will incur about $526,575 [(119 mines x 3 devices x $1,475)] and small mines will incur about $33,200 [15 mines x 1.5 devices x $1,475]. The instantaneous gas analyzer devices have a estimated life of 10 years, thus the first year costs were annualized over 10 years to be about $79,500, of which large mines incurred about $74,775 [$526,575 x 0.142] and small mines incurred about $4,725 [$33,200 x 0.142].

Maintaining the device requires maintenance and calibration. A battery pack costing $77 is suggested to be changed every 2 years; thus battery replacement cost annualized is about $40 per device. In addition, each device may have to replace a sensor costing between $200 and $250 (for an average of $225) at least once per year. Further, CO and NO2 gas will be needed for calibration. A 103 liter bottle of CO gas will cost about $105 and has a shelf life of a little over a year. A 58 liter bottle of NO2 gas will cost about $315 and has a shelf life of six months. About a liter or less of gas is used each time an instrument is calibrated. Thus, based on calibrations being performed once a month, then on an annual basis, for both large and small mines 1 bottle of CO and 2 bottles of NO2 to calibrate the instruments will be sufficient. Although small mines will need to purchase fewer instruments and thus perform fewer calibrations they will still need to purchase the same amount of NO2 gas as large mines because of the short term shelf life of the NO2 gas. On an annual basis the cost of gas for calibrating a device for both large and small mines is $735 ($105 + $315 + $315).

The annual costs for maintaining and calibrating the device for the affected mines will be about $199,075, of which large mines will incur about $182,075 [((($40 battery + $225 sensor) x 3 devices) + $735) X 119 mines] and small mines will incur about $17,000 [((($40 battery + $225 sensor) x 1.5 devices) + $735) x 15 mines].

Section 70.1900(b)(3) requires contaminant concentration determinations to be made during periods that are representative of conditions during normal operations. There are no compliance costs associated with this provision.

Section 70.1900(c) requires that when contaminant concentrations made in § 70.1900(a) exceed 50 percent of the threshold limit values the operator will take appropriate corrective action to reduce concentrations of CO and NO2 below the applicable action level. In the past, samples taken by MSHA inspectors in mines that use diesel-powered equipment have shown that very infrequently has a sample exceeded 50 percent of the TLV. Thus, MSHA expects no more than 100 large mines and 10 small mines are expected to exceed the 50 percent level from samples required by this provision. Both large and small mines are estimated to exceed the level no more than 10 times per year. The corrective actions that may be taken are adjusting air quantity levels or checking maintenance of equipment. The compliance costs for such corrective actions are determined in other sections of the rule.

Paragraph (c) also gives the mine operator an opportunity to demonstrate, under § 75.325(j), that a modification of the 50 percent action level is appropriate for the mine. The sampling necessary to demonstrate that the personal exposure of miners would not exceed permissible limits is not specified by the final rule, recognizing that many approaches can be taken. For this analysis, MSHA uses personal exposure sampling for estimating compliance costs. With respect to personal sampling a miner performing a certain occupation may wear or have near his work area an instantaneous gas analyzer device that measures certain gases over a specific period of time (usually a shift). At the end of the period the instrument provides multiple gas readings simultaneously based upon the time period measured. MSHA estimates that very few mines, 5 percent of large mines (100 x 0.5) and 10 percent of large mines (10 x 0.10) that exceed the 50 percent action level noted above will want to conduct such personal exposure sampling. Thus, no more than 5 large mines and 1 small mine are assumed to possibly conduct personal exposure sampling. In both large and small mines it is assumed that the personal exposure sampling will be performed once annually, in order to show the need to comply to a different action level than that stated in paragraph (c). Personal exposure samples would usually be taken over a shift for a period of one working week. On average, large mines operate 2 shifts per day for 5 days per week, while small mines operate 1 shift per day for 4 days per week. Potential occupations that could be sampled are miner operator, miner helper, shuttle car operator, bolter operator, bolter helper, and some others may be needed in certain situations. MSHA estimates that a large mine will on average sample about 8 people performing certain occupations and a small mine will on average sample about 3 people. After the shift is over, it is estimated to take not more than 1 minute (0.0167 hours) to obtain the CO and NO2 readings. The value of labor is $26 per hour. The affected large mines that may perform personal exposure sampling will each need to purchase 5 additional instantaneous gas analyzers that provide multiple readings (costing $1,475 each), while the 1 affected small mine will need to purchase 2 additional such devices.

The initial compliance costs to purchase the additional equipment will be $10,325, of which large mines will account for $7,375 [5 devices x $1,475] and small mines will account for $2,950 [2 devices x $1,475]. The devices are estimated to last for 10 years, thus, the $10,325 is annualized over that period to be about $1,475. Of the $1,475, large mines will incur $1,050 [$7,375 x 0.142] and small mines will incur $425 [$2,950 x 0.142].

The annual compliance costs to perform the personal exposure sampling will be $200. Of the $200, large mines will account for $175 [(2 shifts x 5 days x 8 occupations) x (0.0167 x $26) x 5 mines] and the one small mine will account for not more than $25 [(1 shifts x 4 days x 3 occupations) x (0.0167 x $26) x 1 mine].

Section 70.1900(d) requires notice in existing recordkeeping requirements of § 75.363 when sampling results exceed the action level. The § 75.363 record shall contain the: location where sample was collected; substance sampled and measured concentration and; corrective action taken.

MSHA estimates that during the year no more than 10 samples from 100 large mines and 10 samples from 10 small mines, that are required to be taken under paragraph (a), will show results that exceed the 50 percent level. It is estimated to take 10 minutes (0.1667 hours) in a large mine and 5 minutes (0.0833 hours) in a small mine, to make and maintain the record. For the 10 large mines and 2 small mines noted in paragraph (c) that must keep a record when they exceed the stated action level, MSHA estimates that records will cost $6,050 annually. Of the $6,050, large mines will incur $5,750 [ (0.1667 hours x $34.50) x 10 samples x 100 mines] and small mines will incur $300 [(0.0833 hours x $34.50) x 10 samples x 10 mines].

Current Sampling

The sampling of diesel-powered equipment referenced in § 70.1900 will replace current sampling practices on such equipment. Thus, annual sampling costs derived in § 70.1900 is subtracted from the current estimated annual sampling costs pertaining to diesel equipment that will cease as a result of this rule, to arrive at the net effect of annual sampling cost to mine operators. As a result of the ventilation standards, sampling of diesel-powered equipment is currently taking place, however, such sampling is not uniform. Sampling practices can vary by district and mines even within the same district can have different sampling practices. Permissible diesel face equipment may be sampled on every shift or at least once a day and nonpermissible equipment may be sampled every day or every two weeks.

For purposes of cost computation, it is assumed that currently diesel face equipment that is permissible is sampled on every shift and nonpermissible equipment is sampled once a week. Current sampling is performed by either an instantaneous gas analyzer device that provides multiple readings or one that provides a single reading. In addition, a small amount of mines may still use stain tubes to perform such sampling. It is assumed that current sampling of CO and NO2, depending on the instrument used, can take between 1 to 4 minutes (for an average of 2.5 minutes or 0.0417 hours). With respect to diesel face equipment that is permissible it is estimated that large and small mines have 542 and 25 pieces, respectively. It is also estimated that nonpermissible pieces of diesel-powered equipment in large and small mines are 2,336 and 25, respectively.

Thus, the annual cost for current sampling is about $572,275, of which large mines will incur about $564,650 [542 perm. pieces x 2 shifts x 250 days x 0.0417 hrs. x $34.50] + [2,336 nonperm. pieces x 52 weeks x 0.0417 hrs. x $34.50] and small mines will incur about $7,625 [25 perm. pieces x 1 shift x 160 days x 0.0417 hrs. x $34.50] + [25 nonperm. pieces x 52 wks. x 0.0417 hrs. x $34.50]. These estimates associated with current sampling practices are lower bound when considering that: nonpermissible equipment may be sampled more often; some mines may also sample certain working section locations in addition to sampling pieces of equipment; and that the cost of using stain tubes by some mines to perform the sampling is not included in the calculations. Since some mines are using instantaneous gas analyzers that provide for either single or multiple reading, while other mines are still using stain tubes; it has become difficult to determine how many pieces of diesel-powered equipment will be sampled by using stain tubes. When stain tubes are used costs can be high. A stain tube costs about $3.50 and generally at least 2 stain tubes are used when conducting sampling on a piece of equipment. Thus, the cost of using stain tubes can escalate quickly as the sampling frequency and number of pieces of diesel-powered equipment sampled increases. Even though the current sampling costs are likely to be higher than what has been estimated above, they are still lower than those determined in the 1989 proposal. In the 1989 proposal the current sampling costs were determined to be higher because of the assumption that all mines were using stain tubes for sampling.

Thus, when subtracting $431,650 of annual sampling compliance costs ($411,125 for large mines and $20,525 for small mines) derived in § 70.1900 paragraphs (a)(1), (a)(2), (a)(4), (b)(1), (b)(2), (c) and (d) from current annual sampling costs of $572,275 ($564,650 for large mines and $7,625 for small mines), the result is net savings in total annual sampling costs of $140,625. Annual savings for large mines will be $153,525, while small mines will incur costs of $12,900. Such costs for small mines are lower and the savings for large mines will be higher when considering that some mines still use stain tubes to perform the required sampling.

Thus, the total initial costs for § 70.1900 will be about $570,100, of which large and small mines will incur about $533,950 and $36,150, respectively. The total annualized costs will be $80,975, of which large and small mines will incur about $75,825 and $5,150, respectively. When comparing costs to sample under the final rule with costs to sample under current practices, the final rule results in total net annual savings of $140,625, consisting of savings to large mines of $153,525, offset somewhat by costs to small mines of about $12,900.

Section 75.325 Air Quantity

This section will not result in cost to small mines, but will result in annual costs of $589,000 to large mines. There are no initial or annualized costs.

Section 75.325(f)(1) requires that the minimum air quantity for an individual unit of diesel-powered equipment be at least that specified on the approval plate for that equipment. Such air quantity shall be maintained in any working place where the equipment is being operated. There are no compliance costs for this provision because it is common practice for mines affected by this provision to have the air quantity specified on the approval plate.

Section 75.325(f)(2) requires that the minimum air quantity for an individual unit of diesel-powered equipment be at least that specified on the approval plate for that equipment. Such air quantity shall be maintained at the section loading point during any shift the equipment is being operated on the working section. MSHA estimates that this provision will affect 6 large mines and no small mines. These 6 mines will need to increase air at the section loading point at each working section. MSHA estimates that there are 2 to 4 working sections (for an average of 3) per large mine. MSHA estimates that it will cost approximately $9,500 per year to increase the quantity of air by 10,000 cubic feet per minute (cfm). Thus, the annual costs for the 6 mines will be $171,000 [6 mines x 3 sections x $9,500].

Section 75.325(f)(3) requires that the minimum air quantity for an individual unit of diesel-powered equipment be at least that specified on the approval plate for that equipment. Such air quantity shall be maintained in any entry where the equipment is being operated outby the section loading point in areas of the mine developed on or after the effective date of the provision. In future mine development, approximately 41 large mines will need to make adjustments in their ventilation, such as reducing the number of common entries developed, on or after the effective date of this provision. There are no costs for this provision because mines will be able to adjust to this situation without any additional costs when developing future mine design.

Section 75.325(f)(4) requires that the minimum air quantity for an individual unit of diesel-powered equipment be at least that specified on the approval plate for that equipment. Such air quantity shall be maintained in any air course with single or multiple entries where the equipment is being operated outby the section loading point in areas of the mine developed prior to the effective date of this provision. There will be minimal costs because mines currently meet this ventilation quantity requirement in the outby areas.

Section 75.325(f)(5) requires that the minimum air quantity for an individual unit of diesel-powered equipment be at least that specified on the approval plate for that equipment. Such air quantity shall be maintained at any other location required by the district manager and specified in the approved ventilation plan. There are no costs estimated for this provision because it is difficult to determine if this situation will occur and if it does occur to what extent.

Section 75.325(g) requires minimum ventilating air quantity where multiple units of diesel-powered equipment are operated on working sections and in areas where mechanized mining equipment is being installed or removed must be at least the sum of that specified on the approval plates of all the diesel-powered equipment on the working section or in the area where mechanized mining equipment is being installed or removed. The minimum ventilating air quantity shall be specified in the approved ventilation plan. For working sections such air quantity must be maintained: (1) in the last open crosscut of each set of entries or rooms in each working section; (2) in the intake, reaching the working face of each longwall; and (3) at the intake end of any pillar line.

Concerning permanent ventilation controls, this standard will not affect mines because such controls are already required by existing ventilation standards. Also, there will be no costs for mines using face haulage diesel-powered equipment, because it is current industry practice to have the air quantity stipulated by this provision available in the locations required by paragraphs (g)(1) through (g)(3).

However, with respect to air quantity requirements of this provision for the installation and removal of mechanized mining equipment required by paragraph (g) it is anticipated that an increase will be required. This provision will affect 44 large mines that currently use diesel-powered equipment for longwall set up and removal. MSHA estimates that it will cost approximately $9,500 per year to increase the quantity of air by 10,000 cubic feet per minute (cfm). Thus, the annual costs for the 44 mines will be $418,000 [44 mines x $9,500].

Section 75.325(h) sets forth the types of equipment that may be excluded in the calculations required by paragraph (g). There are no compliance costs for this provision.

Section 75.325(i) sets forth the conditions that must be followed if the mine operators choose to use minimum quantities of air that are different than those required by paragraph (g). MSHA anticipates that this provision is not likely to be used by mine operators and thus has not estimated any compliance costs for this provision. Moreover, in those limited cases where this provision would be used it would be difficult to provide compliance costs for alternatives that would be mine specific.

Section 75.325(j) requires that if during sampling required by § 70.1900(c) the ventilating air is found to contain concentrations of carbon monoxide or nitrogen dioxide in excess of the action level specified in § 70.1900(c), higher action levels may be approved by the district manager based on the results of sampling that demonstrated that a higher action level will maintain continuous compliance with applicable TLV's. Action levels other than those specified in § 70.1900(c) shall be specified in the approved ventilation plan. The compliance costs for this provision was determined in § 70.1900(c) of this part IV analysis.

Amendments to Section 75.371

As a result of §§ 75.325 and 70.1900, the final rule amends § 75.371 to provide for the inclusion of additional information in the mine operators' ventilation plan. Specifically, the plan should include: (1) as required by § 75.325(d), (g), and (i), the minimum quantity of air that will be provided during the installation and removal of mechanized mining equipment, the location where this quantity will be provided, and the ventilation controls that will be used; (2) as required by § 70.1900(a)(4) areas designated by the district manager where measurements of carbon monoxide and nitrogen oxide concentrations will be made; (3) as required by § 75.325(f)(2) locations where the air quantity will be maintained at the section loading point; (4) as required by § 75.325(f)(5) any additional location(s) required by the district manager where a minimum air quantity must be maintained for an individual unit of diesel-powered equipment; (5) as required by § 75.325(g) and (i) the minimum air quantities that will be provided where multiple units of diesel-powered equipment are operated; (6) as required by § 75.325(h) the diesel-powered mining equipment excluded from the calculation under § 75.325(g); (7) as required by § 75.325(j), the action levels higher than 50 percent specified by § 70.1900(c).

All large and small mines are affected by this provision, however, MSHA estimates that compliance costs will be minimal. To record the information in the mine ventilation plan is estimated to take a large mines 20 minutes (0.3333 hours) and a small mine 10 minutes (0.1667 hours). Information will be recorded by a mine supervisor earning $37.35 per hour. The annual compliance costs will be $2,075, of which large mines will incur $1,975 [158 mines x (0.3333 hrs. x $37.35)] and small mines will incur less than $100 [15 mines x (0.1667 hrs. x $37.35)].

Section 75.1901 - Diesel Fuel Used to Operate Diesel-Powered Equipment Underground

Section 75.1901(a) requires that diesel-powered equipment operating underground use diesel fuel having a maximum sulfur content of 0.05 percent and have a maximum flash point of 100° F (38° C). Currently, mines may be using either high sulfur or low sulfur fuel. MSHA contacted two oil company refineries concerning the price of low and high sulfur fuels. Both refineries noted that currently low sulfur fuel cost about 1.75 cents per gallon more than high sulfur fuel. However, this cost difference can diminish in different geographical regions due to supply and demand conditions. It could even be that in some regions the 1.75 cent price difference can reverse itself, such that, the price of high sulfur fuel may be slightly higher than low sulfur fuel. Based upon the slight difference between the price of high sulfur and low sulfur fuel and the impact on this difference in regards to supply and demand in different geographical regions of the country, MSHA does not believe that the compliance cost impact for switching from high sulfur to low sulfur fuel for the underground coal mining industry as a whole will be significant.

In addition, the mine operator shall provide to an authorized representative of the Secretary evidence that the diesel fuel purchased for use in diesel-powered equipment underground meets the requirements of Paragraph (a) of this section. Section 70.1900 of the proposal would have required the mine operator to certify that the sulfur content of the fuel was less than 0.25 percent; this certification would have provided the mine operator an alternative to having to conduct weekly area samples of sulfur dioxide (SO2). The Agency believes that the provision in the final rule is a more appropriate way to address the operator's obligation to verify the fuel's content and also less burdensome to the mine operator because it does not include any requirements for SO2 sampling. A breakdown of the contents of the fuel should be easily available from the fuel supplier when the mine operator buys the fuel. MSHA estimates that about 50 percent of mine operators do not keep a copy of fuel purchase statements on file. Thus, 79 (158 x 0.5) large mines and 8 (15 x 0.5) small mines will incur filing costs. It is estimated that fuel will be purchased once every two weeks by large and small mines and that it will take a clerical person earning $10 per hour about 3 minutes (or 0.05 hours) to file the statement. Compliance costs relate to this provision will be minimal. Annual costs will be less than $1,100, of which large mine operators will incur less than $1,00 [79 mines x 25 wks. ($10 wage x 0.05)] and small mines will incur less than $100 [8 mines x 20 wks. x ($10 wage x 0.05)].

Section 75.1901(b) states that flammable liquids shall notbe added to diesel fuel used in diesel-powered equipment underground. There are no compliance costs associated with this standard.

Section 75.1901(c) states that only designated fuel additives which have been registered by the Environmental Protection Agency may be used in diesel-powered equipment. The EPA has registered additives that are currently used or substitutes which are equivalent in price to those used. Thus, there are no compliance costs associated with this standard.

Section 75.1902 - Underground Diesel Fuel Storage Facilities,

General Requirements

This section concerns general requirements for underground diesel fuel storage facilities. The total initial year compliance costs will be $246,300, of which large mines will incur $232,350 and small mines will incur $13,950. The annualized compliance costs will be $39,725, of which large mines will incur $37,650 and small mines will incur $2,075. There are no annual compliance costs for this section.

Sections 75.1902(a) and (b) paragraph (a) require that all diesel fuel be stored in diesel fuel tanks or safety cans. Paragraph (b) requires that diesel fuel tanks in permanent underground diesel fuel storage facilities not have a total capacity exceeding 1,000 gallons.

With respect to diesel fuel tanks, MSHA assumes that there is one tank in each permanent underground diesel fuel storage facility and temporary diesel fuel storage area. Under the assumption that there is 1 underground temporary diesel fuel storage area for each section in a large and small mine, then in large mines there are 474 underground temporary diesel fuel storage areas (158 large mines x 3 sections per mine x 1 temporary storage area). One tank in each underground temporary diesel fuel storage area would mean that there are 474 tanks in large mines. In small mines there are 15 underground temporary diesel fuel storage areas (15 mines x 1 sections x 1 temporary storage area). One tank in each underground temporary diesel fuel storage area would mean that there are 15 tanks in small mines.

Concerning permanent underground diesel fuel storage facilities, there is one existing such facility in a large mine that is constructed similar to the requirements set forth in § 75.1903(a) of this rule. MSHA estimates that as a result of this rule 19 more permanent underground diesel fuel storage facilities in large mines and 5 in small mines will need to be constructed to comply with the provisions of § 75.1903(a). Thus, as a result of this rule there will be 20 permanent underground facilities in large mines and 5 permanent underground facilities in small mines. One tank in each facility would mean that there are 20 tanks in permanent underground facilities in large mines and 5 tanks in permanent underground facilities in small mines.

In total there are 494 (474 + 20) temporary underground diesel fuel storage areas and permanent underground diesel fuel storage facilities in large mines each containing one tank, for a total of 494 tanks. There are a total of 20 (15 + 5) temporary underground diesel fuel storage areas and permanent underground diesel fuel storage facilities in small mines each containing one tank, for a total of 20 tanks.

Some of the tanks will have to be replaced because they do not comply with § 75.1902(b), which requires that diesel fuel tanks in permanent underground diesel fuel storage facilities not have a total capacity exceeding 1,000 gallons. In addition, some of the tanks will also have to be replaced because they do not comply with § 75.1904(a)(1) through (a)(4), which require that tanks have a minimum 3/16" thick steel wall or other metal with a wall thickness providing equivalent strength; be protected from corrosion; be of seamless construction or have liquid tight welded seams; and not leak.

MSHA estimates that operators owning about 50 percent of all diesel fuel tanks in large and small mines that are in underground temporary diesel fuel storage areas (237 in large mines and 8 in small mines) will have to purchase new tanks to come into compliance with § 75.1902(b) and/or § 75.1904(a)(1) through (a)(4). With respect to tanks in permanent underground diesel fuel storage facilities, 19 tanks in large mines and 5 tanks in small mines will need to be purchased. Thus, mine operators will have to purchase 256 (19 + 237) tanks in large mines and 13 (5 + 8) tanks in small mines. A tank in a temporary storage area generally holds between 300 to 500 gallons and purchase and installation costs are about $700. A tank in a permanent storage facility is larger than a tank in a temporary storage area and generally holds about 1,000 gallons and purchase and installation costs are about $1,100. Tanks in both permanent storage facilities and temporary storage areas are estimated to last at least 10 years.

Thus, the initial costs to comply with § 75.1902(b) and/or § 75.1904(a)(1) through (a)(4) will be about $200,000, of which large mines will incur $186,800 [(19 tanks in permanent storage facilities x $1,100) + (237 tanks in temporary storage areas x $700)]; and small mines will incur $13,200 [(5 tanks in permanent storage facilities x $1,100) + (8 tanks in temporary storage areas x $700)]. The $200,000 was annualized over a 10 year period to be about $28,400, of which large mines will incur $26,525 ($186,800 x 0.142) and small mines will incur $1,875 ($13,200 x 0.142).

The remaining compliance costs for diesel fuel tanks associated with the rest of § 75.1904 through § 75.1906 is for retrofitting all existing and new tanks with certain features and will be determined in those sections.

With respect to safety cans, paragraph (a) requires that if diesel fuel is not stored in a diesel fuel tank then it must be stored in a safety can. Section 75.1904(f) requires that safety cans be: 1) metal and limited to 5 gallons or less; 2) equipped with a flexible or rigid tubular nozzle attached to a valved spout; 3) provided with a vent valve designed to open and close simultaneously and automatically with the opening and closing of the pouring valve; and 4) designed so that it will safely relieve internal pressure when subjected to fire exposure.

A safety can that meets the provisions of § 75.1904(f) is estimated to cost $50 and have a life of at least 5 years. MSHA estimates that 95 percent of the existing diesel-powered machines are affected by this rule. Of that 95 percent 1 new safety can will need to be purchased for every three machines. Thus, with respect to large mines, about 911 safety cans will need to be purchased for the 2,878 diesel-powered machines in large mines [(2,878 x 0.95) / 3]. With respect to small mines, about 16 safety cans will need to be purchased for the 50 diesel-powered machines in small mines [(50 x 0.95) / 3].

The initial year compliance costs for mine operators to purchase safety cans will be about $46,300, of which large mines will incur $45,550 [$50 x ((2,878 pieces / 3) x 0.95)] and small mines will incur $750 [$50 x ((50 pieces / 3) x 0.95)]. The initial year compliance costs were annualized over a 5 year period to be about $11,325, of which large mines will incur $11,125 [$45,550 x 0.244] and small mines will incur $200 [$750 x 0.244].

Sections 75.1902(c)(1) through (c)(3)) set forth requirements concerning placement of underground temporary diesel storage areas in a mine and conditions for safe operation. There are no compliance costs for these standards because such requirements are normal work practices or would involve a change in work practices.

Sections 75.1902(d) and (e) require underground permanent diesel fuel storage facilities and temporary diesel fuel storage areas to be located: (1) at least 100 feet from shafts, slopes, shops, and explosives magazines; (2) at least 25 feet from trolley wires, power cables, and electric equipment not necessary for operation of a storage facility; and (3) in a location that is protected from damage by other mobile equipment; and paragraph (e) states that permanent underground diesel fuel storage facilities must not be located within the primary escapeway. Existing underground permanent diesel fuel storage facilities and temporary diesel fuel storage areas are either: in compliance; or if not in compliance a change in work practices involving minimal costs would be required.

Section 75.1903 - Diesel Fuel Storage Facilities;
Construction and Safety Precautions

In this section total initial year compliance costs will be $294,900, of which large mines will incur $249,575 and small mines will incur $45,325. The total annualized compliance costs will be $51,575, of which large mines will incur $44,750 and small mines will incur $6,825. The total annual compliance costs will be $17,075, of which large mines will incur $13,525 and small mines will incur $3,550.

Sections 75.1903(a)(1) through (a)(7) require that underground permanent diesel fuel storage facilities be: 1) constructed of noncombustible materials; 2) provided with a self-closing door or a means for automatic enclosure; 3) provided with a means for personnel to enter and exit the facility after closure; 4) ventilated with intake air coursed directly into the return air course, or directly to the surface without passing a working section, using ventilation controls meeting the requirements of § 75.333(e); 5) equipped with an automatic fire suppression system which meets the requirements of § 75.1912; 6) provided with a means of containment capable of holding 150 percent of the maximum capacity of the fuel storage system; and 7) provided with a competent concrete floor or equivalent to prevent fuel spills from saturating the mine floor.

As noted in § 75.1902(a) MSHA estimated 20 underground permanent diesel fuel storage facilities in large mines and 5 such facilities in small mines. Of the 20 permanent storage facilities in large mines, 1 is in compliance with § 75.1903(a)(1) through (7). MSHA estimates that 19 underground permanent diesel fuel storage facilities in large mines and 5 in small mines need to be constructed in accordance with paragraphs (a)(1) through (a)(7). With the exception of an automatic fire suppression system, construction costs for an underground permanent diesel fuel storage facility pursuant to § 75.1903(a) are: 1) $825 for the cost to coat approximately 600 square feet of the storage structure with a fire resistant sealant costing about $1.37 per square foot; 2) $1,625 for the cost of self closing doors; 3) $250 for the cost of another door that functions as a means for personnel to enter and exit the facility after closure; 4) $250 for costs concerning a regulator in order for the structure to meet the ventilation requirements noted in paragraph (a)(4); 5) about $225 for the cost of concrete (at $75 per yard of concrete) that is needed to construct a [(15' x 20' x .25')/27 ft3/yd]' cement floor; and 6) approximately $1,250 of labor costs to build the structure which consist of 24 hours of labor by two persons ($26 per hr. x 24 hrs. x 2 persons). Thus, the construction cost for an underground permanent diesel fuel storage facility is $4,450 ($825 + $1,650 + $250 + $250 + $225 + $1,250). The structure is estimated to last at least 10 years. In addition to the above costs, it is estimated that about 1 hour per month will be spent on performing annual maintenance, such as, cleaning up fuel spills or applying rock dust.

Thus, the initial year compliance costs to construct underground permanent diesel fuel storage facilities will be about $106,800, of which large mines will incur $84,550 [19 permanent storage facilities x ($825 + $1,650 + $250 + $250 + $225 + $1,250)]; and small mines will incur $22,250 [5 permanent storage facilities x ($825 + $1,650 + $250 + $250 + $225 + $1,250)]. The initial year cost was annualized over a 10 year period to be about $15,150, of which large mines will incur $12,000 [$84,550 x 0.142] and small mines will incur about $3,150 [$22,250 x 0.142]. Annual maintenance will be about $7,475, of which large mines will incur $5,925 [19 permanent storage facilities x (1 hr. x 12 mos. x $26 per hr.)] and small mines will incur $1,550 [5 permanent storage facilities x (1 hr. x 12 mos. x $26 per hr.)].

Paragraph (a)(5) requires that each underground permanent diesel fuel storage facility be equipped with an automatic fire suppression system which meets the requirements of § 75.1912 of this rule. One distributor of fire suppression systems stated that an automatic system could cost as much as $4,875 for a two tank system. Another distributor stated that an automatic two tank fire suppression system could cost $2,800. MSHA used the average of $3,850 for the cost to purchase and install a two tank automatic fire suppression system in an underground permanent diesel fuel storage facility. The automatic fire suppression system is estimated to last the life of the facility and annual maintenance costs are estimated to be 10 percent of the original price of the unit or about $400 ($3,875 x 0.10).

The initial year compliance costs to purchase and install automatic fire suppression systems on underground permanent diesel fuel storage facilities will be about $93,000, of which large mines will incur $73,625 (19 permanent storage facilities x $3,875) and small mines will incur $19,375 (5 permanent storage facilities x $3,875). The initial year costs were annualized over 10 years to be about $13,200, of which large mines will incur $10,450 ($73,625 x 0.142) and small mines will incur $2,750 ($19,375 x 0.142). Annual maintenance costs will be about $9,600, of which large mines will incur $7,600 (19 permanent storage facilities x $400) and small mines will incur $2,000 (5 permanent storage facilities x $400).

Sections 75.1903(b)(1) and (2) require that underground permanent diesel fuel storage facilities and temporary diesel fuel storage areas be equipped with at least 240 pounds of rock dust and two portable multipurpose dry chemical type (ABC) fire extinguishers. Rock dust costs $33 per ton delivered or approximately $0.02 per pound, thus, the cost for 240 pounds of rock dust is about $5. A 20 pound fire extinguisher meeting the requirements of this standard will cost about $90. All underground permanent diesel fuel storage facilities and temporary diesel fuel storage areas in § 75.1902(a) will need rock dust and two fire extinguishers. All 494 underground storage diesel fuel facilities and areas (474 temporary + 20 permanent) in large mines and 20 such facilities (15 temporary + 5 permanent) in small mines will need the required amount of rock dust and two fire extinguishers.

The initial year compliance cost to equip underground permanent diesel fuel storage facilities and temporary diesel fuel storage areas with rock dust will be about $2,575, of which large mines will incur $2,475 [$5 x (20 permanent storage facilities + 474 temporary storage facilities)] and small mines will incur $100 [$5 x (5 permanent storage facilities + 15 temporary storage facilities)]. The $2,575 was annualized over a 5 year period to be about $625, of which large mines will incur $600 [$2,475 x 0.244] and small mines will incur $25 [$100 x 0.244].

The initial year compliance cost to equip underground permanent diesel fuel storage facilities and temporary diesel fuel storage areas with fire extinguishers will be about $92,525, of which large mines will incur $88,925 [(20 permanent storage facilities + 474 temporary storage areas) x ($90 x 2 fire extinguishers)]; small mines will incur $3,600 [(5 permanent storage facilities + 15 temporary storage facilities) x ($90 x 2 fire extinguishers)]. The $92,525 was annualized over a 5 year period to be about $22,600, of which large mines will incur $21,700 [$88,925 x 0.244] and small mines will incur $900 [$3,600 x 0.244].

Section 75.1903(b)(3) requires that underground permanent diesel fuel storage facilities and temporary diesel fuel storage areas be identified with conspicuous markings designating the structure as a diesel fuel storage facility or area. This would require less than 2 minutes (0.0333 hours) of labor, at a wage rate of $26 per hour, in order to mark the facility with spray paint. This affects 494 underground permanent diesel fuel storage facilities and temporary diesel fuel storage areas in large mines and 20 such facilities in small mines. The initial compliance costs will be about $450, of which large mines will incur $425 [494 facilities and areas x (0.0333 hrs. x $26 wage)], and small mines will incur $25 [20 facilities and areas x (0.0333 hrs. x $26 wage)]. The $450 was annualized over a 2 year period to be less than $275, of which large mines will incur $250 [$450 x 0.553] and small mines will incur less than $25 [$25 x 0.553]. The compliance costs associated with this standard are minimal.

Section 75.1903(b)(4) requires that underground permanent diesel fuel storage facilities and temporary diesel fuel storage areas be maintained as to prevent the accumulation of water. There are no compliance costs for this provision because the requirement is a standard work practice.

Sections 75.1903(c) and (d) set forth conditions to be followed when welding or cutting storage facilities or areas, tanks, pipelines, and other containers that may have contained diesel fuel. Existing work practices in mines are consistent with these conditions and therefore, there are no compliance cost associated with the provisions.

Section 75.1904 - Underground Diesel Fuel Tanks and Safety Cans

In this section total initial year compliance costs will be $228,550, of which large mines will incur $218,300 and small mines will incur $10,250. The total annualized compliance costs will be $32,750, of which large mines will incur $31,225 and small mines will incur $1,525. There are no annual compliance costs in this section.

Sections 75.1904(a)(1) through (a)(4) require that diesel fuel tanks: 1) have a minimum 3/16" thick steel wall or other metal with a wall thickness providing equivalent strength; 2) be protected from corrosion; 3) be of seamless construction or have liquid tight welded seams; and 4) not leak. These compliance costs were determined in § 75.1902(a).

Section 75.1904(a)(5) requires that tanks in underground permanent diesel fuel storage facilities be placed on noncombustible supports so that they are at least 12" above the floor. This provision applies to 20 tanks in large mines and 5 tanks in small mines. The support structure required could be built with cinder blocks which would involve minimal cost to construct, or it could cost as much as $500 if a steel metal frame support structure was constructed and coated with sealant. MSHA estimates the average of these two alternatives, $250, as an average cost, including labor, for the construction of a support structure. This structure will last at least 10 years.

The initial year compliance cost for the support structure will be about $6,250, of which large mines will incur $5,000 [20 permanent storage facilities x $250] and small mines will incur $1,250 [5 permanent storage facilities x $250]. The initial year cost of $6,250 was annualized over 10 years to be about $925, of which large mines will incur $725 [$5,000 x 0.142] and small mines will incur $200 [$1,250 x 0.142].

Sections 75.1904(b)(1)(i) and (ii) require devices for emergency venting that are designed to open at a pressure not to exceed 2.5 psi according to the size of the tank. The cost of the emergency device for a tank in paragraph (ii) (one that holds less than 300 gallons) is about $125. The cost of the emergency device for a tank in paragraph (i) (one that holds more than 300 gallons) is about $205. It will take about 1 hour of labor valued at $26 per hour to install the devices for emergency venting and the devices will last the life of the tank. The tanks in underground permanent diesel fuel storage facilities (20 in large mines and 5 in small mines) hold more than 300 gallons. The tanks in underground temporary diesel fuel storage areas (474 in large mines and 15 in small mines) generally hold less than or equal to 300 gallons.

Thus, the initial year compliance costs to purchase and install devices for emergency venting will be about $79,625, of which large mines will incur $76,200 [(20 tanks in permanent storage facilities x ($205 + $26)) + (474 tanks in temporary storage areas x ($125 + $26))] and small mines will incur $3,425 [(5 tanks in permanent facilities x ($205 + $26)) + (15 tanks in temporary storage areas x ($125 + $26))]. The $79,625 was annualized over a 10 year period to be about $11,325, of which large mines will incur $10,825 [$76,200 x 0.142] and small mines will incur $500 [$3,425 x 0.142].

Section 75.1904(b)(2) requires a tethered or self closing cap for stationary tanks in underground permanent diesel fuel storage facilities. This provision will affect 20 tanks in large mines and 5 tanks in small mines that are in underground permanent diesel fuel storage facilities. In addition, the standard also requires self closing caps for diesel fuel tanks on diesel fuel transportation units. Each tank in an underground temporary diesel fuel storage area rests upon a trailer or a self-propelled diesel fuel transportation unit. Thus, 474 tanks in large mines and 15 tanks in small mines are also affected by this provision. MSHA assumes that mines will purchase a self closing cap which cost about $43 and lasts the life of the tank. Also, based upon a labor rate of $26 per hour and 15 minutes of labor time needed to install the device, the cost of labor will be $6.50.

Thus, the initial year compliance costs to install self-closing caps on tanks in temporary storage areas will be about $25,450, of which large mines will incur $24,450 [(20 tanks in permanent facilities + 474 tanks in temporary areas) x ($43 + $6.50)] and small mines will incur $1,000 [(5 tanks in permanent facilities + 15 tanks in temporary areas) x ($43 + $6.50)]. The $25,450 was annualized over a 10 year period to be about $3,625, of which large mines will incur $3,475 [$24,450 x 0.142] and small mines will incur $150 [$1,000 x 0.142].

Section 75.1904(b)(3) requires that all diesel fuel tanks be provided with vents to permit the free discharge of liquid, at least as large as the fill or withdrawal connection, whichever is larger, but not less than 1 1/4" nominal inside diameter. A normal 1.5" vent, costing about $12, will need to be purchased by mines and installed on tanks in order to satisfy this requirement. The vent device will last the life of the tank and will need to be installed on all tanks in underground permanent storage facilities and temporary storage areas. Based upon a labor rate of $26 per hour and 15 minutes of labor time needed to install the device, the cost of labor will be $6.50.

The initial year compliance costs to install the vent device on all tanks will be about $9,525, of which large mines will incur $9,150 [(20 tanks in permanent storage facilities + 474 tanks in temporary storage areas) x ($12 + $6.50)] and small mines will incur $375 [(5 tanks in permanent storage facilities + 15 tanks in temporary storage areas) x ($12 + $6.50)]. The $9,525 was annualized over a 10 year period to be about $1,350, of which large mines will incur $1,300 [$9,150 x 0.142] and small mines will incur $50 [$375 x 0.142].

Sections 75.1904(b)(4)(i) and (ii) require that all diesel fuel tank connections be identified by conspicuous markings that specify the function and are closed when not in use. In order to satisfy this requirement mines can mark with spray paint on the side of each tank. This procedure would not take more than 2 minutes of labor, at a wage rate of $26 per hour. The initial compliance costs will be about $450, of which large mines will incur $425 [494 tanks x (0.0333 hrs. x $26 wage)] and small mines will incur $25 [20 tanks x (0.0333 hrs. x $26 wage)]. The $450 was annualized over a 2 year period to be less than $275, of which large mines will incur about $250 [$450 x 0.553] and small mines will incur less than $25 [$25 x 0.553].

Sections 75.1904(b)(5) and (6) require that all diesel fuel tanks vent pipes drain toward the tank without sagging and be higher than the fill pipe opening. Also, tanks must have shutoff valves located as close as possible to the tank shell on each connection through which liquid can normally flow. These requirements are normally met when installing tanks and thus there are no compliance costs associated with these sections.

Section 75.1904(b)(7) requires that all diesel fuel tanks have an automatic closing, heat actuated valve on withdrawal connections below the liquid level. Depending upon the design, the cost for a heat actuated valve can range from $39 to $355. MSHA estimates the average of these two prices, about $200, as the cost for such a device. The heat actuated valve will need to be installed on all tanks and will last the life of the tank. Based upon a labor rate of $26 per hour and 20 minutes of labor time needed to install the device, the cost of labor will be $8.66.

The initial year compliance costs to install the heat actuating devices on all tanks will be about $107,250, of which large mines will incur $103,075 [(20 tanks in permanent storage facilities + 474 tanks in temporary storage areas) x ($200 + $8.66)] and small mines will incur $4,175 [(5 tanks in permanent storage facilities + 15 tanks in temporary storage areas) x ($200 + $8.66)]. The $107,250 was annualized over a 10 year period to be about $15,250, of which large mines will incur $14,650 [$103,075 x 0.142] and small mines will incur $600 [$4,175 x 0.142].

Section 75.1904(c) requires that when tanks are provided with openings for manual gauging, tethered or self closing caps or covers must be provided and closed when not open for gauging. Openings for manual gauging are optional and are not required by this provision. It is not expected that many mines will provide tanks with openings for manual gauging. The compliance costs associated with this provision are minimal.

Section 75.1904(d) requires that the surfaces of all tanks and their associated components be protected against damage by collision. In many cases it is a normal work practice to protect the surfaces of tanks and components or to place components in positions where they are protected from damage. Thus, there are no compliance costs estimated for this standard.

Section 75.1904(e) requires that before filling tanks that are initially placed into service with diesel fuel, the tanks and their associated components must be tested for leakage at a pressure equal to the working pressure. This is a normal work practice that is accomplished by filling the tanks with water and checking for leakage. There are no associated compliance costs with this standard.

Section 75.1904(f) requires that safety cans must be: (1) metal and limited to nominal 5 gallons or less; (2) equipped with a flexible or rigid tubular nozzle attached to a valved spout; (3) provided with a vent valve designed to open and close simultaneously and automatically with the opening and closing of the pouring valve; and (4) designed so that it will safely relieve internal pressure when subjected to fire exposure. The compliance costs for this standard was determined in § 75.1902(a).

Section 75.1905 Dispensing of Diesel Fuel

The total initial years compliance costs will be $16,875, of which large mines will incur $16,200 and small mines will incur $675. The total annualized compliance costs will be $2,400, of which large mines will incur $2,300 and small mines will incur $100. There are no annual compliance costs for this section.

Sections 75.1905(a) through (b)(3) require that diesel fuel be dispensed from tanks by means of either: 1) gravity feed with a hose equipped with a nozzle with a self closing valve without a latch open device; 2) a manual pump with a hose equipped with a nozzle containing a self closing valve; 3) a powered pump with an accessible emergency shutoff switch for each nozzle, a hose equipped with a self closing valve without a latch open device, and an anti-siphoning device. In all three methods noted above a self closing valve is required with the method used. Although, mines currently use one of the three methods noted above to transfer diesel fuel from tanks to vehicles, in about 90 percent of the cases self closing valves are not used. Therefore, the compliance costs associated with this standard will be for equipping either a gravity feed hose, a manual pump, or a powered pump with a self closing valve. MSHA assumes that each tank has its own transfer device, either a gravity feed hose, a manual pump, or a powered pump. Thus, of the 494 tanks in large mines and 20 tanks in small mines about 444 tanks (494 x 0.90) in large mines and 18 tanks (20 x 0.90) in small mines will need to equip their transfer device with a self closing valve. The cost for a self closing valve is about $30. The device is expected to last the life of the tanks. Based upon a labor cost of $26 per hour and 15 minutes to install the self closing valve, labor costs are estimated to be $6.50.

The initial year compliance costs for equipping transfer devices with a self closing valve will be about $16,875, of which large mines will incur $16,200 [($30 + $6.50) x 444 transfer devices] and small mines will incur $675 [($30 + $6.50) x 18 transfer devices]. The initial year cost of $16,875 was annualized over 10 years to be about $2,400, of which large mines will incur $2,300 [$16,875 x 0.142] and small mines will incur $100 [$675 x 0.142].

In addition, MSHA estimates that 1 large mine will have to add additional emergency shut off switches and an anti-siphoning device to its existing diesel fuel piping system. The estimated cost to purchase an anti-siphoning device is about $500 and the cost for four emergency shut off switches are about $200 ($50 each). It is estimated to take about one and a half hours to install the anti-siphoning device and the emergency shut off switches, at a labor rate of $26 per hour. Both the anti-siphoning device and emergency shut off switches are estimated to last for 10 years. The initial costs for the large mine will be about $600 [(1 mines x $550 equipment) + (1 mine x 1.5 hrs. x $26 wage)]. The $600 was annualized over a ten year period to be less than $100 [$600 x 0.142]. The costs to the mining industry concerning these devices are minimal.

Sections 75.1905(c) and (d) require that diesel fuel not be dispensed by using compressed gas or to the fuel tank of diesel-powered equipment while the engine of the machine is running. These work practices do not involve any compliance costs to implement. Thus, there are no compliance costs associated with these provisions.

Section 75.1905(e) requires that powered pumps be shut off when fuel is not being dispensed. This is a work practice and there is no complliance costs.

Section 75.1905-1 Diesel Fuel Piping Systems

This section sets forth requirements concerning the design of diesel fuel piping systems. There are no compliance costs for this section because the one existing diesel fuel piping system from the surface is believed to be in compliance with the requirements of this section.

Section 75.1906 Transport of Diesel Fuel

With respect to § 75.1906, the total initial year compliance cost will be $1,032,050, of which large mines will incur $1,002,900 and small mines will incur $29,150. The total annualized compliance costs will be $173,500, of which large and small mines will incur $168,750 and $4,750, respectively. The total annual compliance costs will be $78,325, of which large mines will incur $75,925 and small mines will incur $2,400.

Sections 75.1906(a) through (d) require that diesel fuel be transported only by diesel fuel transportation units or in safety cans. No more than one safety can, conspicuously marked, secured, and protected from damage can be transported on a vehicle at any time. Safety cans must be stored in underground permanent diesel fuel storage facilities and safety cans that leak must be removed from the mine. In addition, tanks on diesel fuel transportation units and safety cans must be conspicuously marked as containing diesel fuel.

Mine operators will need to purchase equipment to fulfill the requirement in paragraph (a) that diesel fuel be transported in diesel fuel transportation units. MSHA estimated a total of 489 tanks (474 in large mines and 15 in small mines) in temporary fuel storage areas. These tanks will be placed upon diesel fuel transportation units. Mine operators will likely purchase a two wheeled trailer type vehicle to use as a diesel fuel transportation unit. Large mine operators will purchase 474 units and small mine operators will purchase 15 units, at a cost of $800 per unit. The cost to purchase the equipment will be about $391,200, of which large mines will incur $379,200 [474 units x $800] and small mines will incur $12,000 [15 units x $800]. The vehicles are expected to last 10 years and thus are annualized over a 10 year period to be about $55,575, of which large mines will incur $53,850 [$379,200 x 0.142] and small mines will incur $1,725 [$12,000 x 0.142]. Annual maintenance costs for the equipment are estimated to be 10 percent of the original purchase price or $80. Thus, the annual maintenance costs associated with the equipment will be $39,125, of which large mines will incur $37,925 [474 units x $80] and small mines will incur $1,200 [15 units x $80].

The requirements in paragraphs (b) and (c) are work practices, such that, minimal or no compliance costs are associated with them. With respect to paragraph (d) and marking safety cans, safety cans that are purchased as a result of this rule will generally contain markings that meet the requirements of this section. Thus, there are no compliance costs related to marking such cans. Concerning the marking of diesel fuel transportation unit tanks it is estimated to take 2 minutes (0.0333 hours) to mark with spray paint, at a labor rate of $26 per hour. MSHA estimates that 474 unit tanks in large mines and 15 unit tanks in small mines will require marking. The initial compliance costs will be $425, of which large mines will incur $400 [474 unit tanks x (0.0333 hrs. x $26 wage)] and small mines will incur less than $25 [15 unit tanks x (0/0333 hrs. x $26 wage)]. The $425 was annualized over a two year period to be less than $250, of which large mines will incur $225 [$400 x 0.553] and small mines will incur less than $25 [$25 x 0.553]. The compliance costs in paragraph (d) are also minimal.

Sections 75.1906(e) and (f) require that diesel fuel transportation units have no more than one tank, not exceeding 500 gallons capacity, permanently fixed to the transportation unit for the transport of diesel fuel. This is a work practice and no compliance costs are associated with this provision.

Section 75.1906(g) requires that if provided with electrical components, nonself-propelled diesel fuel transportation units parked in temporary diesel fuel storage areas must be provided with an automatic fire suppression device which meets the requirements of § 75.1107-3 through 75.1107-6 and §§ 75.1107-8 and 75.1107-16. MSHA estimates that, in both large and small mines, a small percentage (about 20 percent) of the diesel fuel transportation units parked in underground temporary diesel fuel storage areas are provided with electrical components and will need to be retrofitted with an automatic fire suppression system meeting the requirements of § 75.1911. In large mines there are 474 diesel fuel transportation units. Thus, about 95 (474 x 0.20) units in large mines are affected by this provision. Of the 15 diesel fuel transportation units in small mines none are self-propelled. Thus, 3 units in small mines [15 x 0.20] are affected by this standard.

As noted in § 75.1903(a)(5), the cost for retrofitting a unit with a two tank automatic fire suppression system will be between $4,875 and $2,800. MSHA estimates that the cost to retrofit the unit with an automatic fire suppression system will be the average of the two prices, $3,850. The automatic fire suppression system will last the life of the equipment. Annual maintenance cost will be about 10 percent of initial equipment expenditures or about $400 ($3,850 x .10)

The initial year compliance costs to retrofit the affected units with an automatic fire suppression system will be about $377,300, of which large mines will incur $365,750 [95 units x $3,850] and small mines will incur $11,550 [3 units x $3,850]. The initial year costs of $377,300 was annualized over a 10 year period to be about $53,600, of which large mines will incur $51,950 [$365,750 x 0.142] and small mines will incur $1,650 [$11,550 x 0.142]. The annual maintenance costs will be about $39,200, of which large mines will incur $38,000 [95 units x $400] and small mines will incur $1,200 [3 units x $400].

Section 75.1906(h) requires that diesel fuel transportation units and vehicles transporting safety cans containing diesel fuel must have at least two, multipurpose, dry chemical type (ABC) fire extinguishers. Currently, 30 CFR subpart L, § 75.1100-1 defines a portable fire extinguisher as being multipurpose and containing a nominal charge of 5 pounds of dry powder. The final rule requires two minimum 10A:60B:C multipurpose extinguishers. Units rated as 10A:60B:C typically contain a nominal 16 to 21 pounds of multipurpose dry chemical. Thus, although some existing diesel fuel transportation units and vehicles that transport safety cans may currently carry a fire extinguisher they probably do not comply with the fire extinguishers required by paragraph (g). With respect to mobile diesel fuel transportation units, 474 such pieces in large mines and 15 such pieces in small mines will need to purchase fire extinguishers. With respect to vehicles that can possibly carry safety cans, in 75.1902(a) it was estimated that one out of every three vehicles in large and small mines will carry a safety can. Thus, of the 2,878 vehicles in large mines 1/3 (or 959) will probably transport a safety can. Of the 50 vehicles in small mines, 1/3 (or 16) may possibly transport a safety can. Thus, the pieces of equipment that will need two fire extinguishers each will be 1,433 pieces (474 + 959) in large mines and 31 pieces (15 + 16) in small mines.

A 20 pound fire extinguisher meeting the requirements of this provision will cost about $90 and, on average, have a life of about 5 years. Thus, the initial year compliance cost for purchasing fire extinguishers will be about $263,550, of which large mines will incur $257,950 [(474 + 959) x ($90 x 2 fire extinguishers)] and small mines will incur $5,600 [(15 + 16) x ($90 x 2 fire extinguishers)]. The initial year costs were annualized over a 5 year period to be about $64,325, of which large mines will incur $62,950 [$257,950 x 0.244] and small mines will incur $1,375 [$5,600 x 0.244].

Sections 75.1906(i), (j) and (k) require that: when not in use, diesel fuel transportation units must be parked in an underground diesel fuel storage facility or area; the requirements of § 75.1003-2 must be followed when the distance between a diesel fuel transportation unit and an energized trolley wire at any location is less than 12 inches; and diesel fuel cannot be transported on or with mantrips or on conveyor belts. These requirements are work practices that involve minimal or no compliance costs to implement. Thus, no compliance costs have been determined for these provisions.

Section 75.1907 - Diesel-powered Equipment Intended for Use in
Underground Coal Mines

The initial compliance costs will be $7.0 million, of which large and small mines will incur $6.9 million and $114,350, respectively. The annualized compliance costs will be $1.6 million, of which large and small mines will incur $1.57 million and $20,225, respectively. The annual compliance cost will be $13,675, of which large mines will incur $13,175 and small mines will incur $500.

Section 75.1907(a) requires that all diesel-powered equipment used where permissible electrical equipment is required, must be approved under part 36 of this title. All existing permissible diesel-powered equipment is approved under part 36. Thus, there is no compliance costs associated with this section.

Section 75.1907(b)(1) requires that diesel-powered equipment approved under part 36 must have a safety component system that limits surface temperatures to those specified in Subpart F of part 7. All existing diesel-powered equipment approved under part 36 have safety component systems that meet the requirements in Subpart F concerning surface temperatures. Thus, there are no compliance costs associated with this section.

Section 75.1907(b)(2) requires that non-limited class permissible diesel-powered equipment have an automatic or manual fire suppression system which meets the requirements of § 75.1911. MSHA estimates that about 95 percent of existing permissible diesel-powered equipment is equipped with an automatic or manual fire suppression system. Thus, 5 percent of 567 permissible equipment (or 28 pieces) have no fire suppression system. Of these 28 pieces, 27 pieces are in large mines and 1 piece is in a small mine. MSHA assumes that all 28 pieces will be fitted with an automatic fire suppression system. Fire suppression systems installed on machines can have either one or two tanks that hold the fire suppression material. Heavy duty equipment will need a two tank system. The purchase and installation cost of an automatic fire suppression system for heavy duty equipment is estimated to be about $4,875 for a two tank system.

The initial compliance costs to place an automatic fire suppression system on permissible heavy duty equipment will be $136,500, of which large mines will incur $131,625 [27 pieces x $4,875] and small mines will incur $4,875 [1 piece x $4,875]. The initial costs were annualized over a 10 year period to be about $19,400, of which large mines will incur $18,700 [$131,625 x 0.142] and small mines will incur $700 [$4,875 x 0.142]. The annual compliance costs are estimated to be 10 percent of the original purchase and installation price. The total annual compliance costs will be $13,675, of which large mines will incur $13,175 [27 pieces x $4,875 x 0.1] and small mines will incur $500 [1 piece x $4,875 x 0.10].

Section 75.1907(b)(3) requires that permissible equipment will have brake systems that meet the requirements of § 75.1909 (b)(6), through (b)(8), (c), (d) and (e). The cost for this requirement as it concerns permissible equipment was determined in § 75.1909.

Section 75.1907(b)(4) requires that diesel-powered equipment used where permissible electrical equipment is required must have a particulate index and dilution air quantity determined in accordance with part 7, subpart E of this title.

The type of engines that are primarily affected by this are part of the inby face equipment that is currently approved under part 36. MSHA believes that this type of equipment significantly affects the air quality. There are only four (4) engine models used in the face equipment. MSHA stated in the proposed rule preamble and restated in this final rule preamble that it is the Agency's intent to develop programs to establish dilution air quantities and particulate indices for these engines in accordance with part 7, subpart E.

The gaseous ventilation rates will be recalculated by MSHA for these engines from the data that MSHA has collected from the original certification tests under part 36. This information will be made available to the mine operators. MSHA will sponsor a program to have these four (4) engines tested in order to determine a particulate index for each engine. The particulate indices will be made available to the mine operators. MSHA plans to have the particulate index tests performed at no cost to the engine manufacturer or to the mine operator. Therefore, this section adds no compliance costs to the rule for mine operators or manufacturers.

Section 75.1907(b)(5) requires that permissible diesel-powered equipment used in underground coal mines incorporate a power package approved in accordance with part 7, subpart F. The cost for a power package approval was determined in part 7, subpart F, of this part IV analysis.

Section 75.1907(c) requires that nonpermissible machines must have a part 7, subpart E, engine. This provision affects 676 pieces of equipment, of which 517 pieces are nonpermissible self-propelled heavy duty equipment and 159 pieces are nonpermissible nonself-propelled equipment. Of the 676 pieces, 662 pieces are in large mines and 14 pieces are in small mines. In meeting the requirements of this section, the mine operators will likely choose one of two options: 1) to retrofit an existing machine by buying a new engine or; 2) to retrofit an existing machine by making modifications to the existing machine's engine. MSHA estimates that both large and small mines will choose to retrofit their equipment by buying a new engine (option one) for 25 percent of their equipment, 166 engines in large mines (662 x 0.25) and 4 engines in small mines (14 x 0.25).

The cost of a new engine meeting a part 7, subpart E, approval could range from $3,175 for an 80 horsepower engine to $13,300 for a 150 horsepower engine. Thus, on average the cost of an engine will be about $8,250. The life of the engine is estimated at 10 years. It is estimated to take 80 hours (2 persons working 40 hours each) to install a new engine in an existing machine at a labor rate of $26 per hour.

The initial compliance costs for retrofitting an existing machine by buying a new engine will be about $1,756,100, of which large mines will incur $1,714,775 [166 pieces x ($8,250 + (80 hrs. x $26 wage))] and small mines will incur $41,325 [4 pieces x ($8,250 + (80 hrs. x $26 wage))]. The initial costs were annualized over 10 years to be about $249,375, of which large mines will incur $243,500 [$1,714,775 x 0.142] and small mines will incur $5,875 [$41,325 x 0.142]. The annual compliance costs will be about $168,525, of which large mines will incur $165,850 [62 pieces x ($1,850 + $825)] and small mines will incur $2,675 [1 pieces x ($1,850 + $825)].

MSHA estimates that both large and small mines will choose to retrofit their equipment by making modifications to existing engines (option two) for 75 percent of their equipment, 496 pieces in large mines (662 x 0.75) and 10 pieces in small mines (14 x 0.75). The cost of modifying an existing engine to meet a part 7, subpart E, approval could range from $0 to as much as 50 percent of the cost of a new engine. On the conservative side, MSHA estimates $4,125 ($8,250 x 0.50) for the equipment cost of modifying an existing engine. It is estimated to take 1 person working 40 hours to make modifications to an existing engine.

The initial compliance costs for retrofitting existing machines by making modifications to existing engines will be about $2,613,500, of which large mines will incur $2,561,850 [496 pieces x ($4,125 + (40 hrs. x $26 wage))] and small mines will incur $51,650 [10 pieces x ($4,125 + (40 hrs. x $26 wage))]. The initial costs were annualized over 10 years to be about $371,150, of which large mines will incur $363,800 [$2,561,850 x 0.142] and small mines will incur $7,350 [$51,650 x 0.142].

Also, under this provision, nonpermissible light duty diesel-powered equipment is required to be provided with an engine approved in accordance with part 7, subpart E. Under this provision costs will be determined to fit all 1,674 nonpermissible light duty pieces. All of this type of equipment is estimated to have a 3 year life. The effective date for this provision has been delayed for 3 years. Thus, mine operators will probably not retrofit existing nonpermissible light duty equipment that has an estimated life of 3 years. When the mine operator replaces this equipment after the 3 year delayed effective date, the cost incurred by the mine operator for this provision will be the cost passed on by the machine manufacturer for providing the machine with a subpart E approved engine. This cost will be distributed over all machines with subpart E engine features sold by the manufacturer. MSHA estimates that the per unit cost increase related to the subpart E engine features for each machine sold will be about $1,500. As noted earlier, this provision will affect 1,674 nonpermissible light duty pieces, of which 1,663 pieces are in large mines and 11 pieces are in small mines. The initial compliance cost will be about $2,511,000, of which large mines will incur $2,494,500 [1,663 pieces x $1,500] and small mines will incur $16,500 [11 pieces x $1,500]. The initial costs were annualized over a 3 year period to be $956,700, of which large mines will incur $950,400 [$2,494,500 x 0.381] and small mines will incur $6,300 [$16,500 x 0.381].

Paragraph (c) also requires that nonpermissible diesel-powered equipment meet the requirements of §§ 75.1909 and 75.1910. These costs are determined in §§ 75.1909 and 75.1910 of this part IV analysis.

Section 75.1908 - Nonpermissible Diesel-powered Equipment - Categories

There are no compliance costs associated with the section. The section sets forth definitions of diesel-powered equipment categorized as: heavy duty equipment; light duty equipment; attended equipment; and special class equipment.

Section 75.1909 - Nonpermissible Diesel-powered Equipment,
Design and Performance Requirements

The total initial compliance costs in this section will be about $11.5 million, of which large mines will incur $11.3 million and small mines will incur $243,075. The total annualized compliance costs will be about $2.5 million, of which large and small mines will incur $2.48 million and $45,350, respectively. The total annual compliance costs for this section will be about $495,175, of which large and small mines will incur $483,600 and $11,575, respectively.

Section 75.1909(a)(1) requires that nonpermissible diesel-powered equipment have an engine approved under part 7, subpart E. With respect to this provision, the compliance costs for nonpermissible heavy duty equipment was determined in § 75.1907(c) and the compliance costs for nonpermissible light duty equipment was determined in § 75.1907(d).

Paragraph (a)(1) also requires that nonpermissible diesel-powered equipment have air cleaners that are sized in accordance with manufacturers recommendations and air filter service indicators set in accordance with the engine manufacturers recommendations. There are no compliance costs for these provisions because air cleaners and air filter indicators on existing machines normally will meet these requirements.

Section 75.1909(a)(2) requires at least one portable multipurpose dry chemical type (ABC) fire extinguisher on each piece of nonpermissible equipment. There are 2,350 nonpermissible pieces of this equipment, of which 1,674 pieces are nonpermissible light duty machines, 517 pieces are nonpermissible heavy duty machines, and 159 are nonpermissible nonself-propelled pieces. Although these existing machines carry fire extinguishers, MSHA estimates that about 75 percent do not carry the 20 pound type of fire extinguisher required by this rule. Thus, of the 2,350 pieces, about 1,763 pieces (75 percent) will need to purchase a fire extinguisher required by this provision. Of the 1,763 pieces, about 1,744 pieces are in large mines and 19 pieces in small mines. A fire extinguisher meeting the requirements of this provision will cost about $90, require no annual maintenance, and last about 5 years. The initial compliance costs will be about $158,675, of which large mines will incur $156,975 [1,744 pieces x $90] and small mines will incur $1,700 [19 pieces x $90]. The initial costs were annualized over a 5 year period to be about $38,725, of which large mines will incur $38,300 [$156,975 x 0.244] and small mines will incur $425 [$1,700 x 0.244]. There are no annual costs for this provision.

Section 75.1909(a)(3)(i) requires that the fuel tank and fuel lines shall not leak. When maintenance is performed the fuel tank and lines are checked to see if they leak. This provision is a work practice and does not cause an increased cost.

Section 75.1909(a)(3)(ii) requires a fuel tank that is substantially constructed and protected against damage by collision. Most fuel tanks on nonpermissible equipment are substantially constructed, but MSHA estimates that 50 percent of nonpermissible light duty pieces will need metal guards to protect the fuel tank against collision. Of the 1,674 nonpermissible light duty pieces 837 pieces (50 percent) are affected. Of the 837 pieces, 832 are in large mines and 5 are in small mines. Material costs will be about $25 and 2 hours will be needed for installation at a rate of $26 per hour. The initial compliance costs will be about $64,475, of which large mines will incur $64,075 [832 pieces x ($25 materials + (2 hrs. x $26 wage))] and small mines will incur $400 [5 pieces x ($25 materials + (2 hrs. x $26 wage))]. The life of nonpermissible light duty machines is estimated to be about 3 years. Thus the initial costs were annualized over a 3 year period to be about $24,575, of which large mines will incur $24,425 [$64,075 x 0.381] and small mines will incur $150 [$400 x 0.381]. There are no annual costs associated with this provision.

Sections 75.1909(a)(3)(iii) and (iv) require a vent opening be provided that maintains atmospheric pressure in the tank. Paragraph (a)(3)(iv) requires that a self-closing filler cap be used. A vent opening to maintain atmospheric pressure is a feature of a self-closing filler cap. MSHA estimates that about 75 percent (or 1,763 pieces) of the 2,350 nonpermissible pieces will need a self-closing filler cap. Of the 1,763 pieces, 1,744 pieces are in large mines and 19 pieces are in small mines. A self-closing cap will cost about $40 and take 15 minutes (0.25 hours) of installation at a rate of $26 per hour. The initial compliance costs will be about $82,000, of which large mines will incur $81,100 [1,744 pieces x ($40 cap + (0.25 hrs. x $26 wage))] and small mines will incur $900 [19 pieces x ($40 cap + (0.25 hrs. x $26 wage))]. Throughout this section, whenever initial compliance costs are determined based upon using a combination of nonpermissible equipment that is nonself-propelled, self-propelled light duty, and self-propelled heavy duty, MSHA used an estimated machine life of 5 years in which to annualize initial costs. This 5 year figure is based upon a weighted average of the life of the nonpermissible nonself-propelled, light and heavy duty self-propelled machines. The initial costs were annualized over a 5 year period to be about $20,025, of which large mines will incur $19,800 [$81,100 x 0.244] and small mines will incur $225 [$900 x 0.244]. There are no annual compliance costs for this provision.

Section 75.1909(a)(3)(v) requires that the fuel tank, filler and vent be located so that any spillage during refueling, or leaks will not contact hot surfaces. Of the 2,350 nonpermissible pieces, MSHA estimates that 10 percent (or 235 pieces) will need to relocate the fuel tank or filler to a different area of the machine. Of the 235 pieces, 233 pieces are in large mines and 2 pieces are in small mines. Relocating the components is estimated to take 2 hours and clamping materials are estimated to cost about $25. The initial compliance costs will be about $18,100, of which large mines will incur $17,950 [233 pieces x ($25 materials + (2 hrs. x $26 wage))] and small mines will incur $150 [2 pieces x ($25 materials + (2 hrs. x $26 wage))]. Thus the initial costs were annualized over a 5 year period to be about $4,450, of which large mines will incur $4,400 [$17,950 x 0.244] and small mines will incur $50 [$150 x 0.244]. There are no annual compliance costs for this provision.

Section 75.1909(a)(3)(vi) requires that fuel line piping be either steel wire reinforced, or synthetic elastomer covered hose suitable for use with diesel fuel that has been tested and has been determined to be fire resistant by the manufacturer; or metal. Of the 2,350 nonpermissible pieces, MSHA estimates that 50 percent (or 1,175 pieces) will need to install some type of fire resistant hose on the machine. Of the 1,175 pieces, 1,163 pieces are in large mines and 12 pieces are in small mines. The fire resistant hosing is estimated to cost about $10 and take about 1 hour to install. The initial compliance costs will be about $42,325, of which large mines will incur $41,875 [1,163 pieces x ($10 hosing + (1 hrs. x $26 wage))] and small mines will incur $450 [12 pieces x ($10 hosing + (1 hrs. x $26 wage))]. The initial costs were annualized over a 5 year period to be about $4,450, of which large mines will incur $10,225 [$41,875 x 0.244] and small mines will incur $125 [$450 x 0.244]. There are no annual compliance costs for this provision. Section 75.1909(a)(3)(vii) requires fuel line piping to be clamped. This is a standard work practice. MSHA estimated no compliance costs related to this provision.

Sections 75.1909(a)(3)(viii) and (ix) require that primary fuel lines shall be located such that leaks do not contact hot surfaces, and they must be separated from electrical wiring and protected from damage in ordinary use. Of the 2,350 nonpermissible pieces, MSHA estimates that 25 percent (or 587 pieces) will need to reroute fuel lines to meet the requirements of the provision. Of the 587 pieces, 581 pieces are in large mines and 6 pieces are in small mines. Rerouting the lines is estimated to require about $25 in materials and take about 1 hour. The initial compliance costs will be about $29,975, of which large mines will incur $29,650 [581 pieces x ($25 material + (1 hrs. x $26 wage))] and small mines will incur $325 [6 pieces x ($25 material + (1 hrs. x $26 wage))]. The initial costs were annualized over a 5 year period to be about $7,350, of which large mines will incur $7,250 [$29,650 x 0.244] and small mines will incur $100 [$325 x 0.244]. There are no annual compliance costs for this provision.

Section 75.1909(a)(3)(x) requires a manual shutoff valve be installed in the fuel system. Of the 2,350 nonpermissible pieces, MSHA estimates that 80 percent (or 1,880 pieces) will need to install a manual shutoff valve in the fuel system. Of the 1,880 pieces, 1,860 pieces are in large mines and 20 pieces are in small mines. The cost of the manual shutoff valve is estimated at $5 and will take 30 minutes (0.5 hours) to install. The initial compliance costs will be about $33,875, of which large mines will incur $33,500 [1,860 pieces x ($5 valve + (0.5 hrs. x $26 wage))] and small mines will incur $375 [20 pieces x ($5 valve + (0.5 hrs. x $26 wage))]. The initial costs were annualized over a 5 year period to be about $8,275, of which large mines will incur $8,175 [$33,500 x 0.244] and small mines will incur $100 [$375 x 0.244]. There are no annual compliance costs for this provision.

Section 75.1909(a)(3)(xi) requires a fuel filter and a water separator. Of the 2,350 nonpermissible pieces, MSHA estimates that 25 percent (or 587 pieces) will need to install a fuel filter and water strainer unit. Of the 587 pieces, 581 pieces are in large mines and 6 pieces are in small mines. The fuel filter and water strainer unit is estimated to cost about $60 and will take 20 minutes (0.3333 hours) to install. The initial compliance costs will be about $40,325, of which large mines will incur $39,900 [581 pieces x ($60 unit + (0.3333 hrs. x $26 wage))] and small mines will incur $425 [6 pieces x ($60 unit + (0.3333 hrs. x $26 wage))]. The initial costs were annualized over a 5 year period to be about $9,850, of which large mines will incur $9,750 [$39,900 x 0.244] and small mines will incur $100 [$425 x 0.244]. There are no annual compliance costs for this provision.

Section 75.1909(a)(4) requires that nonpermissible equipment that has an air cooled engine have a sensor to monitor engine temperature and provide a visual warning of an overheated cylinder head. Of the 2,350 nonpermissible pieces, MSHA estimates that 25 percent (or 587 pieces) will need to install a sensor to monitor the temperature and provide warning of an overheated cylinder head on an air cooled engine. Of the 587 pieces, 581 pieces are in large mines and 6 pieces are in small mines. The sensor is estimated to cost about $250 and will take 30 minutes (0.5 hours) to install. The initial compliance costs will be about $154,375, of which large mines will incur $152,800 [581 pieces x ($250 sensor + (0.5 hrs. x $26 wage))] and small mines will incur $1,575 [6 pieces x ($250 sensor + (0.5 hrs. x $26 wage))]. The initial costs were annualized over a 5 year period to be about $37,700, of which large mines will incur $37,300 [$152,800 x 0.244] and small mines will incur $400 [$1,575 x 0.244]. There are no annual compliance costs for this provision.

Section 75.1909(a)(5) requires guarding to protect fuel, hydraulic, and electric lines when such lines pass near rotating parts and to protect the lines in the event of shaft failure. Of the 2,350 nonpermissible pieces, MSHA estimates that 90 percent (or 2,115 pieces) will need to install guarding to protect fuel, hydraulic, and electric lines. Of the 2,115 pieces, 2,093 pieces are in large mines and 22 pieces are in small mines. The guarding is estimated to cost about $50 and will take 4 hours to install. The initial compliance costs will be about $325,725, of which large mines will incur $322,325 [2,093 pieces x ($50 guarding + (4 hrs. x $26 wage))] and small mines will incur $3,400 [22 pieces x ($50 guarding + (4 hrs. x $26 wage))]. The initial costs were annualized over a 5 year period to be about $79,475, of which large mines will incur $78,650 [$322,325 x 0.244] and small mines will incur $825 [$3,400 x 0.244]. There are no annual compliance costs for this provision.


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