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Statement of Need: Because of the existing regulatory prohibition against using high-voltage cables and transformers within 150 feet of the extraction area, underground coal mine operators who wish to use high-voltage longwall equipment must apply for a variance from the standard. Over the years, MSHA has granted high-voltage longwall variances which require that the mine operator comply with certain requirements, including the use of explosion-proof high-voltage equipment, specially designed cable, cable-handling systems, and state-of-the-art ground fault and short-circuit protective devices. Since 1985 MSHA has granted about 90 variances for use of high-voltage longwalls and has denied only one. Since 1992, when the proposed rule was published, MSHA has granted about 33 variances for use of high-voltage longwalls. ^PThe variance process involves substantial costs to the industry and MSHA. Most mine operators engage an attorney to prepare and submit a variance for the use of high-voltage longwall equipment. This part of the process alone can cost thousands of dollars. After receipt of the variance, MSHA processes the request, publishes a brief description in the Federal Register, has an inspector conduct an onsite investigation and prepare a report to the Administrator, and prepares a Proposed Decision and Order. Costs are incurred by industry in order to submit the appropriate documentation to support the variance. Agency costs are associated with processing, publication, and investigation of variances.

Alternatives: MSHA intends to revise its regulations to allow underground coal mine operators to use high-voltage longwall equipment and associated cables. The regulations would be based on the Agency's experience with variances, and would require the use of properly designed and constructed equipment and cables, as well as electrical and mechanical protective devices.

Anticipated Costs and Benefits: It is estimated that the rule would result in a cost savings. In the absence of the need to apply for variances, mine operators wishing to use high-voltage longwall equipment would realize reduced paperwork and significant savings associated with legal and administrative costs. In addition, high-voltage longwall equipment could be installed without waiting for MSHA to approve a variance. The normal length of time for preparing and processing a variance and issuing a decision is about 6 months to a year; but, on occasion, the entire process has taken several years. Eliminating the need to process and investigate variances would increase the resources available to both industry and MSHA personnel that could be directed to the proper installation, inspection, and maintenance of the equipment. ^PHigh-voltage longwall systems improve miners' safety from electrical hazards through improved technology in the areas of cable design and construction, circuit and equipment electrical protection, and cable handling and support systems. Additional benefits are realized from the convenient location of disconnect devices for the purpose of performing electrical work, and the use of barriers and interlock switches in electrical equipment to help guard against accidental contact with energized circuits.

Risks: The mining industry, through the variance process, has been using high-voltage longwalls and associated cables since 1985. The Agency is unaware of any accidents attributable to the use of such equipment allowed under conditions approved through the variance process.