Mine Safety and Health Administration, 81812-81813 [2016-27714]

Download as PDF mstockstill on DSK3G9T082PROD with NOTICES 81812 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices the last open crosscut will be examined by a qualified person (as defined in 30 CFR 75.153) prior to use to ensure the equipment is being maintained in a safe operating condition. The examination results will be recorded weekly in the examination book and will be made available to MSHA and the miners at the mine. (3) A qualified person as defined in existing 30 CFR 75.151 will continuously monitor for methane immediately before and during the use of nonpermissible electronic testing and diagnostic equipment in or inby the last open crosscut. (4) Nonpermissible electronic testing and diagnostic equipment will not be used if methane is detected in concentrations at or above 1.0 percent. When 1.0 percent or more methane is detected while the nonpermissible electronic equipment is being used, the equipment will be deenergized immediately and withdrawn outby the last open crosscut. (5) All hand-held methane detectors will be MSHA-approved and maintained in permissible and proper operating condition as defined in 30 CFR 75.320. (6) Except for time necessary to troubleshoot under actual mining conditions, coal production on MMU will cease. However, coal may remain in or on the equipment to test and diagnose the equipment under ‘‘load.’’ (7) All electronic testing and diagnostic equipment will be used in accordance with the manufacturer’s recommendations. (8) Qualified personnel who use electronic testing and diagnostic equipment will be properly trained to recognize the hazards and limitations associated with use of the equipment. The petitioner asserts that under the terms and conditions of the petition for modification, the use of nonpermissible electronic testing and diagnostic equipment will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M–2016–035–C. Petitioner: Warrior Coal, LLC, 57 J.E. Ellis Rd., Madisonville, Kentucky 42431. Mine: Warrior’s Cardinal Mine, MSHA I.D. No. 15–14335, located in Hopkins County, Kentucky. Regulation Affected: 30 CFR 75.507– 1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements). Modification Request: The petitioner requests a modification of the existing standard to permit the use of VerDate Sep<11>2014 20:21 Nov 17, 2016 Jkt 241001 nonpermissible electronic testing or diagnostic equipment in return air outby the last open crosscut. The petitioner states that: (1) Nonpermissible electronic testing and diagnostic equipment to be used includes: Laptop/tablet computers, oscilloscopes, vibration analysis machines, cable fault detectors, point temperature probes, infrared temperature devices, insulation testers (meggers), voltage, current, resistance meters and power testers, and electronic tachometers. Other testing and diagnostic equipment may be used if approved in advance by the MSHA District Manager. (2) All nonpermissible testing and diagnostic equipment used in return air outby the last open crosscut will be examined by a qualified person (as defined in 30 CFR 75.153) prior to use to ensure the equipment is being maintained in a safe operating condition. The examination results will be recorded weekly in the examination book and will be made available to MSHA and the miners at the mine. (3) A qualified person as defined in existing 30 CFR 75.151 will continuously monitor for methane immediately before and during the use of nonpermissible electronic testing and diagnostic equipment in return air outby the last open crosscut. (4) Nonpermissible electronic testing and diagnostic equipment will not be used if methane is detected in concentrations at or above 1.0 percent. When 1.0 percent or more methane is detected while the nonpermissible electronic equipment is being used, the equipment will be deenergized immediately and withdrawn from the return air outby the last open crosscut. (5) All hand-held methane detectors will be MSHA-approved and maintained in permissible and proper operating condition as defined in 30 CFR 75.320. (6) All electronic testing and diagnostic equipment will be used in accordance with the manufacturer’s recommendations. (7) Qualified personnel who use electronic testing and diagnostic equipment will be properly trained to recognize the hazards and limitations associated with use of the equipment. The petitioner asserts that under the terms and conditions of the petition for modification, the use of nonpermissible electronic testing and diagnostic equipment will at all times guarantee no PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 less than the same measure of protection afforded by the existing standard. Sheila McConnell, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2016–27713 Filed 11–17–16; 8:45 am] BILLING CODE 4520–43–P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification of Application of Existing Mandatory Safety Standards Mine Safety and Health Administration, Labor. ACTION: Notice. AGENCY: 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: zzMSHAcomments@dol.gov. 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), barron.barbara@dol.gov (Email), or 202–693–9441 (Facsimile). [These are not toll-free numbers.] SUMMARY: E:\FR\FM\18NON1.SGM 18NON1 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices SUPPLEMENTARY INFORMATION: mstockstill on DSK3G9T082PROD with NOTICES 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 VerDate Sep<11>2014 20:21 Nov 17, 2016 Jkt 241001 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 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 81813 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 LEGAL SERVICES CORPORATION Sunshine Act Meeting: Board of Directors and Operations & Regulations Committee Telephonic Meetings Legal Services Corporation Change Notice AGENCY: ACTION: On November 6, 2016, the Legal Services Corporation (LSC) published a notice in the Federal Register (81 FR 80686) titled ‘‘Board of Directors will meet telephonically on November 22, 2016. The meeting will commence at 2:00 Eastern Standard Time (EST). Immediately following the Board of Directors telephonic meeting, the Operations and Regulations Committee will hold a telephonic meeting.’’ A correction to change item #2 on the Board of Directors Agenda to read; Consider and act on the Board of Directors’ transmittal to accompany the Inspector General’s Semiannual Report to Congress for the period of April 1, 2016 through September 30, 2016, all other items remain consecutively the same. This document changes the notice SUMMARY: E:\FR\FM\18NON1.SGM 18NON1

Agencies

[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81812-81813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27714]


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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: zzMSHA-comments@dol.gov. 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), 
barron.barbara@dol.gov (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