81 FR 81812 - Mine Safety and Health Administration
DEPARTMENT OF LABOR Federal Register Volume 81, Issue 223 (November 18, 2016)
Federal Register Volume 81, Issue 223 (November 18, 2016)
| Page Range | 81812-81813 | |
| FR Document | 2016-27714 |
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)] [Notices] [Pages 81812-81813] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27714] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification of Application of Existing Mandatory Safety Standards AGENCY: Mine Safety and Health Administration, Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and Title 30 of the Code of Federal Regulations Part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below. DATES: All comments on the petitions must be received by MSHA's Office of Standards, Regulations, and Variances on or before December 19, 2016. ADDRESSES: You may submit your comments, identified by ``docket number'' on the subject line, by any of the following methods: 1. Electronic Mail: [email protected]. Include the docket number of the petition in the subject line of the message. 2. Facsimile: 202-693-9441. 3. Regular Mail or Hand Delivery: MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 22202-5452, Attention: Sheila McConnell, Director, Office of Standards, Regulations, and Variances. Persons delivering documents are required to check in at the receptionist's desk in Suite 4E401. Individuals may inspect copies of the petitions and comments during normal business hours at the address listed above. MSHA will consider only comments postmarked by the U.S. Postal Service or proof of delivery from another delivery service such as UPS or Federal Express on or before the deadline for comments. FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, Regulations, and Variances at 202-693-9447 (Voice), [email protected] (Email), or 202-693-9441 (Facsimile). [These are not toll-free numbers.] [[Page 81813]] SUPPLEMENTARY INFORMATION: I. Background Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act) allows the mine operator or representative of miners to file a petition to modify the application of any mandatory safety standard to a coal or other mine if the Secretary of Labor determines that: 1. An alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard; or 2. That the application of such standard to such mine will result in a diminution of safety to the miners in such mine. In addition, the regulations at 30 CFR 44.10 and 44.11 establish the requirements and procedures for filing petitions for modification. II. Petitions for Modification Docket Number: M-2016-007-M. Petitioner: Vulcan Construction Materials, LLC, 11020 David Taylor Drive, Suite 105, Charlotte, NC 28262. Mines: Enka Quarry, MSHA I.D. No. 31-00084, located in Buncombe County, North Carolina; Rockingham Quarry, MSHA I.D. No. 31-00198, located in Richmond County, North Carolina; Lenoir Quarry, MSHA I.D. No. 31-01094, located in Caldwell County, North Carolina; Penrose Quarry, MSHA I.D. No. 31-00111, located in Transylvania County, North Carolina; East Forsyth Quarry, MSHA I.D. No. 31-01919, located in Forsyth County, North Carolina; Cabarrus Quarry, MSHA I.D. No. 31- 01357, located in Cabarrus County, North Carolina; and Clear Creek Quarry, MSHA I.D. No. 31-02087, located in Mecklenburg County, North Carolina. Regulation Affected: 30 CFR 56.13010 (Reciprocating-type air compressors). Modification Request: The petitioner requests a modification of the existing standard to allow the designated compressors outlined in this petition to be considered in compliance with the existing standard. The petitioner states that: (1) The compressor industry guidance has shown that the high temperature shutoff switch is not offered as a standard safety feature on an electrically motor-driven reciprocating-type air compressor between 2 horsepower and 30 horsepower. The only time a high temperature shutoff switch is used on a reciprocating-type compressor is when very large compressors (100 horsepower and up) are housed in buildings or containers that could allow intake air to be heated by other environmental influences. However, a high temperature shutoff switch has always been standard for a rotary or screw type compressor that is working off of a combustion engine. When discussing this standard with compressor manufacturers, the first statement that is often made is ``are you sure we are referring to a rotary compressor not a reciprocating compressor''. (2) The petitioner states the following facts related to electric motor-driven reciprocating air compressors: (a) The electric motor does not affect the temperature of the air in the compressor. The compressor and motor are only connected to sheaves on both sides. (b) Existing 30 CFR 56.13010 states that the temperature switch must be adjusted to shut down the compressor when the normal operating temperature is exceeded by more than 25 percent. This would be virtually impossible because the normal operating temperature is affected by the intake air temperature which can fluctuate by 30 percent or more depending on the geographic location of the air compressor and the time of the year. According to manufacturers, the temperatures of supplied air can typically range from 32 degrees Fahrenheit to 115 degrees Fahrenheit. Due to the fluctuation in temperature ranges, the system could almost never be set to the actual 25 percent above normal temperature. In addition, the temperature of the intake air affects the density of the air which changes the amount of air being compressed during the process. The phenomenon directly affects the output temperature of the air. (c) High temperature shutoff switches are considered unreliable in many applications because there is no true way to test whether the switch is actually working. To test a high temperature shutoff switch, the temperature would have to be altered to determine if the switch is working properly, which raises safety concerns. (d) High temperature switches are also very costly and in cases where it was not provided as standard equipment by the manufacturer, installing a switch could void warranty and UL listing of a compressor if not installed by a certified manufacturer's representative. Not all States have compressor inspection programs, which could potentially allow an unqualified person to install a switch to meet the MSHA standard resulting in potential hazards to persons from a possible faulty installation. (e) The units included in this petition currently are equipped with multiple safety features that include most of the following: --Magnetic starter--prevents motor from electrical overload. -- Low oil level switch--prevents unit from operating in low oil conditions. -- Aftercoolers--cools discharge air that allows moisture to condense in the tank. --Automatic condensate drain--ensures removal of water from tank. --Unloader valve--relieves pressure on compressor head when unit shuts off. This prevents unit starting underload. --Safety relief valves--relieves tank pressure at a set PSI to prevent over pressurization of tank. Line pressure relief valves are also utilized at aftercoolers. --Tank pressure switch--cuts off pressure at a set normal PSI range. --High amp fuse--cuts off motor if high amps are achieved. The petitioner further asserts that industry data suggests that the current safety devices as equipped on the compressors offer equal protection to the standard even if they are not equipped with the automatic temperature actuated shutoff mechanism. Sheila McConnell, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2016-27714 Filed 11-17-16; 8:45 am] BILLING CODE 4520-43-P
![81812 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices
the last open crosscut will be examined nonpermissible electronic testing or less than the same measure of protection
by a qualified person (as defined in 30 diagnostic equipment in return air outby afforded by the existing standard.
CFR 75.153) prior to use to ensure the the last open crosscut. The petitioner Sheila McConnell,
equipment is being maintained in a safe states that:
operating condition. The examination Director, Office of Standards, Regulations,
(1) Nonpermissible electronic testing and Variances.
results will be recorded weekly in the and diagnostic equipment to be used [FR Doc. 2016–27713 Filed 11–17–16; 8:45 am]
examination book and will be made
includes: Laptop/tablet computers, BILLING CODE 4520–43–P
available to MSHA and the miners at the
oscilloscopes, vibration analysis
mine.
machines, cable fault detectors, point
(3) A qualified person as defined in
existing 30 CFR 75.151 will temperature probes, infrared DEPARTMENT OF LABOR
continuously monitor for methane temperature devices, insulation testers
(meggers), voltage, current, resistance Mine Safety and Health Administration
immediately before and during the use
of nonpermissible electronic testing and meters and power testers, and electronic
tachometers. Other testing and Petitions for Modification of
diagnostic equipment in or inby the last Application of Existing Mandatory
open crosscut. diagnostic equipment may be used if
approved in advance by the MSHA Safety Standards
(4) Nonpermissible electronic testing
and diagnostic equipment will not be District Manager. AGENCY: Mine Safety and Health
used if methane is detected in (2) All nonpermissible testing and Administration, Labor.
concentrations at or above 1.0 percent. diagnostic equipment used in return air ACTION: Notice.
When 1.0 percent or more methane is outby the last open crosscut will be
detected while the nonpermissible examined by a qualified person (as SUMMARY: Section 101(c) of the Federal
electronic equipment is being used, the defined in 30 CFR 75.153) prior to use Mine Safety and Health Act of 1977 and
equipment will be deenergized Title 30 of the Code of Federal
to ensure the equipment is being
immediately and withdrawn outby the Regulations Part 44 govern the
maintained in a safe operating
last open crosscut. application, processing, and disposition
condition. The examination results will
(5) All hand-held methane detectors of petitions for modification. This notice
be recorded weekly in the examination
will be MSHA-approved and is a summary of petitions for
book and will be made available to modification submitted to the Mine
maintained in permissible and proper MSHA and the miners at the mine.
operating condition as defined in 30 Safety and Health Administration
CFR 75.320. (3) A qualified person as defined in (MSHA) by the parties listed below.
(6) Except for time necessary to existing 30 CFR 75.151 will DATES: All comments on the petitions
troubleshoot under actual mining continuously monitor for methane must be received by MSHA’s Office of
conditions, coal production on MMU immediately before and during the use Standards, Regulations, and Variances
will cease. However, coal may remain in of nonpermissible electronic testing and on or before December 19, 2016.
or on the equipment to test and diagnostic equipment in return air outby ADDRESSES: You may submit your
diagnose the equipment under ‘‘load.’’ the last open crosscut. comments, identified by ‘‘docket
(7) All electronic testing and (4) Nonpermissible electronic testing number’’ on the subject line, by any of
diagnostic equipment will be used in and diagnostic equipment will not be the following methods:
accordance with the manufacturer’s used if methane is detected in 1. Electronic Mail: zzMSHA-
recommendations. concentrations at or above 1.0 percent. comments@dol.gov. Include the docket
(8) Qualified personnel who use When 1.0 percent or more methane is number of the petition in the subject
electronic testing and diagnostic detected while the nonpermissible line of the message.
equipment will be properly trained to electronic equipment is being used, the 2. Facsimile: 202–693–9441.
recognize the hazards and limitations equipment will be deenergized 3. Regular Mail or Hand Delivery:
associated with use of the equipment. immediately and withdrawn from the MSHA, Office of Standards,
The petitioner asserts that under the Regulations, and Variances, 201 12th
return air outby the last open crosscut.
terms and conditions of the petition for Street South, Suite 4E401, Arlington,
modification, the use of nonpermissible (5) All hand-held methane detectors Virginia 22202–5452, Attention: Sheila
electronic testing and diagnostic will be MSHA-approved and McConnell, Director, Office of
equipment will at all times guarantee no maintained in permissible and proper Standards, Regulations, and Variances.
less than the same measure of protection operating condition as defined in 30 Persons delivering documents are
afforded by the existing standard. CFR 75.320. required to check in at the receptionist’s
Docket Number: M–2016–035–C. (6) All electronic testing and desk in Suite 4E401. Individuals may
Petitioner: Warrior Coal, LLC, 57 J.E. diagnostic equipment will be used in inspect copies of the petitions and
Ellis Rd., Madisonville, Kentucky accordance with the manufacturer’s comments during normal business
42431. recommendations. hours at the address listed above.
Mine: Warrior’s Cardinal Mine, MSHA will consider only comments
(7) Qualified personnel who use postmarked by the U.S. Postal Service or
MSHA I.D. No. 15–14335, located in
electronic testing and diagnostic proof of delivery from another delivery
Hopkins County, Kentucky.
equipment will be properly trained to service such as UPS or Federal Express
Regulation Affected: 30 CFR 75.507–
mstockstill on DSK3G9T082PROD with NOTICES
recognize the hazards and limitations on or before the deadline for comments.
1(a) (Electric equipment other than
power-connection points; outby the last associated with use of the equipment.
FOR FURTHER INFORMATION CONTACT:
open crosscut; return air; permissibility The petitioner asserts that under the Barbara Barron, Office of Standards,
requirements). terms and conditions of the petition for Regulations, and Variances at 202–693–
Modification Request: The petitioner modification, the use of nonpermissible 9447 (Voice), barron.barbara@dol.gov
requests a modification of the existing electronic testing and diagnostic (Email), or 202–693–9441 (Facsimile).
standard to permit the use of equipment will at all times guarantee no [These are not toll-free numbers.]
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![Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices 81813
SUPPLEMENTARY INFORMATION: containers that could allow intake air to safety features that include most of the
be heated by other environmental following:
I. Background
influences. However, a high temperature —Magnetic starter—prevents motor
Section 101(c) of the Federal Mine shutoff switch has always been standard from electrical overload.
Safety and Health Act of 1977 (Mine for a rotary or screw type compressor — Low oil level switch—prevents unit
Act) allows the mine operator or that is working off of a combustion from operating in low oil conditions.
representative of miners to file a engine. When discussing this standard — Aftercoolers—cools discharge air that
petition to modify the application of any with compressor manufacturers, the first allows moisture to condense in the
mandatory safety standard to a coal or statement that is often made is ‘‘are you tank.
other mine if the Secretary of Labor sure we are referring to a rotary —Automatic condensate drain—ensures
determines that: compressor not a reciprocating removal of water from tank.
1. An alternative method of achieving compressor’’. —Unloader valve—relieves pressure on
the result of such standard exists which (2) The petitioner states the following compressor head when unit shuts off.
will at all times guarantee no less than facts related to electric motor-driven This prevents unit starting underload.
the same measure of protection afforded reciprocating air compressors: —Safety relief valves—relieves tank
the miners of such mine by such (a) The electric motor does not affect pressure at a set PSI to prevent over
standard; or the temperature of the air in the pressurization of tank. Line pressure
2. That the application of such compressor. The compressor and motor relief valves are also utilized at
standard to such mine will result in a are only connected to sheaves on both aftercoolers.
diminution of safety to the miners in sides. —Tank pressure switch—cuts off
such mine. (b) Existing 30 CFR 56.13010 states pressure at a set normal PSI range.
In addition, the regulations at 30 CFR that the temperature switch must be —High amp fuse—cuts off motor if high
44.10 and 44.11 establish the adjusted to shut down the compressor amps are achieved.
requirements and procedures for filing when the normal operating temperature
is exceeded by more than 25 percent. The petitioner further asserts that
petitions for modification.
This would be virtually impossible industry data suggests that the current
II. Petitions for Modification because the normal operating safety devices as equipped on the
Docket Number: M–2016–007–M. temperature is affected by the intake air compressors offer equal protection to
Petitioner: Vulcan Construction temperature which can fluctuate by 30 the standard even if they are not
Materials, LLC, 11020 David Taylor percent or more depending on the equipped with the automatic
Drive, Suite 105, Charlotte, NC 28262. geographic location of the air temperature actuated shutoff
Mines: Enka Quarry, MSHA I.D. No. compressor and the time of the year. mechanism.
31–00084, located in Buncombe County, According to manufacturers, the Sheila McConnell,
North Carolina; Rockingham Quarry, temperatures of supplied air can Director, Office of Standards, Regulations,
MSHA I.D. No. 31–00198, located in typically range from 32 degrees and Variances.
Richmond County, North Carolina; Fahrenheit to 115 degrees Fahrenheit. [FR Doc. 2016–27714 Filed 11–17–16; 8:45 am]
Lenoir Quarry, MSHA I.D. No. 31– Due to the fluctuation in temperature BILLING CODE 4520–43–P
01094, located in Caldwell County, ranges, the system could almost never
North Carolina; Penrose Quarry, MSHA be set to the actual 25 percent above
I.D. No. 31–00111, located in normal temperature. In addition, the
Transylvania County, North Carolina; LEGAL SERVICES CORPORATION
temperature of the intake air affects the
East Forsyth Quarry, MSHA I.D. No. 31– density of the air which changes the Sunshine Act Meeting: Board of
01919, located in Forsyth County, North amount of air being compressed during Directors and Operations &
Carolina; Cabarrus Quarry, MSHA I.D. the process. The phenomenon directly Regulations Committee Telephonic
No. 31–01357, located in Cabarrus affects the output temperature of the air. Meetings
County, North Carolina; and Clear Creek (c) High temperature shutoff switches
Quarry, MSHA I.D. No. 31–02087, are considered unreliable in many AGENCY: Legal Services Corporation
located in Mecklenburg County, North applications because there is no true ACTION: Change Notice
Carolina. way to test whether the switch is
Regulation Affected: 30 CFR 56.13010 actually working. To test a high SUMMARY: On November 6, 2016, the
(Reciprocating-type air compressors). temperature shutoff switch, the Legal Services Corporation (LSC)
Modification Request: The petitioner temperature would have to be altered to published a notice in the Federal
requests a modification of the existing determine if the switch is working Register (81 FR 80686) titled ‘‘Board of
standard to allow the designated properly, which raises safety concerns. Directors will meet telephonically on
compressors outlined in this petition to (d) High temperature switches are also November 22, 2016. The meeting will
be considered in compliance with the very costly and in cases where it was commence at 2:00 Eastern Standard
existing standard. The petitioner states not provided as standard equipment by Time (EST). Immediately following the
that: the manufacturer, installing a switch Board of Directors telephonic meeting,
(1) The compressor industry guidance could void warranty and UL listing of a the Operations and Regulations
has shown that the high temperature compressor if not installed by a certified Committee will hold a telephonic
shutoff switch is not offered as a manufacturer’s representative. Not all meeting.’’ A correction to change item
standard safety feature on an electrically States have compressor inspection #2 on the Board of Directors Agenda to
mstockstill on DSK3G9T082PROD with NOTICES
motor-driven reciprocating-type air programs, which could potentially read; Consider and act on the Board of
compressor between 2 horsepower and allow an unqualified person to install a Directors’ transmittal to accompany the
30 horsepower. The only time a high switch to meet the MSHA standard Inspector General’s Semiannual Report
temperature shutoff switch is used on a resulting in potential hazards to persons to Congress for the period of April 1,
reciprocating-type compressor is when from a possible faulty installation. 2016 through September 30, 2016, all
very large compressors (100 horsepower (e) The units included in this petition other items remain consecutively the
and up) are housed in buildings or currently are equipped with multiple same. This document changes the notice
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Document Created: 2018-02-14 08:31:55
Document Modified: 2018-02-14 08:31:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | All comments on the petitions must be received by MSHA's Office of Standards, Regulations, and Variances on or before December 19, 2016. | |
| Contact | Barbara Barron, Office of Standards, Regulations, and Variances at 202-693-9447 (Voice), [email protected] (Email), or 202-693-9441 (Facsimile). [These are not toll-free numbers.] | |
| FR Citation | 81 FR 81812 |
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