[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.

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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