Petitions for Modification of Application of Existing Mandatory Safety Standards, 71789-71791 [2014-28441]

Download as PDF tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices The 297th meeting of the Cape Cod National Seashore Advisory Commission will take place on Monday, January 12, 2015, at 1:00 p.m., in the conference room at Headquarters, 99 Marconi Station Road, in Wellfleet, Massachusetts to discuss the following: 1. Adoption of Agenda 2. Approval of Minutes of Previous Meeting (November 17, 2014) 3. Reports of Officers 4. Reports of Subcommittees Update of Pilgrim Nuclear Plant Emergency Planning Subcommittee State Legislation Proposals 5. Superintendent’s Report Nauset Spit Update Recreational Fee Increase Kiteboarding Update Shorebird Management Planning National Park Service Centennial Improved Properties/Town Bylaws Herring River Wetland Restoration Highlands Center Update Ocean Stewardship Topics— Shoreline Change Climate Friendly Parks 6. Old Business Continue Discussion of NSTAR Spraying Plans, Clearing Alternatives and Utility Right-ofWays Live Lightly Campaign Progress Report 7. New Business 8. Date and Agenda for Next Meeting 9. Public Comment 10. Adjournment FOR FURTHER INFORMATION CONTACT: Further information concerning the meeting may be obtained from George E. Price, Jr., Superintendent, Cape Cod National Seashore, 99 Marconi Site Road, Wellfleet, MA 02667, or via telephone at (508) 771–2144. SUPPLEMENTARY INFORMATION: The Commission was reestablished pursuant to Public Law 87–126, as amended by Public Law 105–280. The purpose of the Commission is to consult with the Secretary of the Interior, or her designee, with respect to matters relating to the development of Cape Cod National Seashore, and with respect to carrying out the provisions of sections 4 and 5 of the Act establishing the Seashore. The meeting is open to the public. It is expected that 15 persons will be able to attend the meeting in addition to Commission members. Interested persons may make oral/written presentations to the Commission during the business meeting or file written statements. Such requests should be made to the park superintendent prior to the meeting. Before including your address, telephone number, email VerDate Sep<11>2014 18:42 Dec 02, 2014 Jkt 235001 71789 address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. 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.] SUPPLEMENTARY INFORMATION: Dated: November 25, 2014. Alma Ripps, Chief, Office of Policy. I. Background [FR Doc. 2014–28438 Filed 12–2–14; 8:45 am] BILLING CODE 4310–EE–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, 30 CFR 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 the Office of Standards, Regulations and Variances on or before January 2, 2015. 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, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209– 3939, Attention: Sheila McConnell, Acting Director, Office of Standards, Regulations and Variances. Persons delivering documents are required to check in at the receptionist’s desk on the 21st floor. 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 SUMMARY: PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 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–2014–020–M. Petitioner: Barrick Goldstrike Mine, Inc., the KOIN Center, Suite 1500, 222 SW Columbia Street, Portland, Oregon 97201. Mine: Arturo Mine, MSHA I.D. No. 26–02767, 27 Miles North of Carlin, Carlin, Nevada 89822, located in Eureka County, Nevada. Regulation Affected: 30 CFR 56.6309(b) (Fuel oil requirements for ANFO). Modification Request: The petitioner requests a modification of the existing standard to allow the use of recycled used waste oil blended with diesel fuel (hereinafter ‘‘blended oil’’) to prepare ammonium-nitrate fuel oil (ANFO). Blended oil has been approved for use to prepare ANFO at Barrick’s Goldstrike mine pursuant to MSHA’s Amended Decision and Order of December 1, 1998, reinstated by Decision and Order November 4, 2011, granting modification of the application of 30 CFR 56.6309(b) at Goldstrike (hereinafter ‘‘Goldstrike Modification Order’’). The petitioner states that it seeks only to use the blended oil that has already been recycled and tested at Goldstrike according to the conditions set out in the Goldstrike Modification E:\FR\FM\03DEN1.SGM 03DEN1 tkelley on DSK3SPTVN1PROD with NOTICES 71790 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices Order in its ANFO blasting agents, and use the blended oil prepared and approved for use at Goldstrike in ANFO mixtures at the Arturo Mine. The petitioner states that: (1) Barrick operates several gold mines in Elko, Nevada, including Goldstrike Mine and soon-to-be launched Arturo Mine. (2) In its capacity as manager for Barrick/Dee Mining Venture, a joint venture between Barrick Gold Exploration, Inc., and Goldcrop Dee LLC, Barrick will commence mining operations at the Arturo Mine, I.D. No. 26–02767, on January 2, 2015. (3) The Arturo Mine is an open-pit gold mine that consists of a series of sediment hosted Carlin-style gold deposits adjacent to and including the former Dee gold mine, 35 kilometers northwest of Elko, Nevada. The mining methods at Arturo will involve using heavy equipment to dig blasted rock and ore, similar to the mining methods at Goldstrike Mine. The ore will be transferred to either a leach pad or stockpile, and ultimately to Goldstrike for further processing. Waste rock will be transferred to a waste dump. (4) The principle blasting method to be applied at Arturo Mine involves the use of ANFO loaded in pre-drilled blast holes, also similar to the blasting methods at Goldstrike Mine. Barrick intends to ignite approximately 1,000 blast holes per month at Arturo Mine, the number of which would fluctuate depending on targets and gold prices. (5) Barrick seeks a modification of the application of 30 CFR 56.6309(b) at the Arturo Mine to allow it to utilize blended oil in lieu of conventional diesel fuel when preparing ANFO for blasting. (6) It is important to note that MSHA has already determined that there is no diminution of safety when using blended oil that meets the EPA criteria of 40 CFR 279.11, and does not contain hazardous waste material listed in 40 CFR 261 to prepare ANFO under the conditions set forth in the Goldstrike Modification Order—the very same conditions that Barrick intends to follow when using blended oil in its ANFO mixtures at the Arturo Mine. (7) On March 14, 1997, Barrick filed a Petition for Modification of 30 CFR 56.6309(b) for its Goldstrike Mine, I.D. No. 26–01089, on the grounds that utilizing used waste oil, collected from diesel equipment at Goldstrike and recycled and tested according to certain conditions, in lieu of conventional diesel fuel when preparing ANFO blasting agents would at all times guarantee no less than the same measure of protection afforded by the standard. VerDate Sep<11>2014 18:42 Dec 02, 2014 Jkt 235001 (8) On December 1, 1998, MSHA granted Barrick’s petition and issued the Goldstrike Modification Order, granting modification of the application of 30 CFR 56.6309(b) based upon an alternative method of compliance involving 22 requisite conditions. (9) Since the issuance of the Goldstrike Modification Order, Barrick has followed the 22 requisite conditions when collecting and recycling waste oil into used oil, and ultimately combining it with diesel fuel to create blended oil for use in its ANFO mixtures at Goldstrike Mine as an approved alternative method of compliance with 30 CFR 56.6309(b). (10) Barrick likewise seeks a modification of the application of this standard to its Arturo Mine and states that this petition for modification is premised on Barrick’s intent only to utilize in its ANFO blasting agents the blended oil that has already been recycled and tested at Goldstrike according to the conditions in the Goldstrike Modification Order. (11) The petitioner proposes to use the following procedures at the Arturo Mine to achieve the goal of 30 CFR 56.6309(b): (a) The ANFO blasting agents the petitioner seeks to load in its blast holes at Arturo Mine will consist of blended oil prepared at Goldstrike Mine according to the conditions set forth in the Goldstrike Modification Order, combined with ammonium nitrate. The blended oil and ammonium nitrate will be taken to the blast site in separate containers and will be combined only as part of the actual process of loading the blast holes. (b) After the blended oil has been sampled and tested at Goldstrike in accordance with the Goldstrike Modification Order, Barrick will transport 6,000 gallons of blended oil from Goldstrike to Arturo Mine using the same dedicated truck already in use at Goldstrike for hauling oil from the storage tank to the blend facility, to ensure safe and secure transport of the same to Arturo Mine. The distance the truck will travel from the Goldstrike storage facility to Arturo Mine measures 5.3 miles. (c) Once the blended oil arrives at Arturo Mine, Barrick will store that blasted oil in a 6,000 gallon tank that is dedicated for diesel and/or used oil blend storage. The tank will be designed with an automatic stirring system that keeps the blend mixed. This tank will be placed inside of the Arturo magazine compound. (d) The ammonium nitrate to be combined with the blended oil to create ANFO will be stored separate and apart PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 from the blended oil in two 100 ton silos in a locked and secured compound in the same vicinity. Only authorized blasting personnel will have access to the blended oil and ammonium nitrate storage facilities. (e) The blended oil and ammonium nitrate will be taken to the blast site in separate containers and will be combined only as part of the actual process of loading the blast holes. The same certified blasting personnel operating at Goldstrike Mine will perform blasting operations at Arturo Mine. The petitioner proposes that procedures set forth in this petition constitute a fully appropriate and safe method for transporting, storing, and utilizing recycled used waste oil to prepare ANFO without any diminution of safety. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M–2014–045–C. Petitioner: Eastern Associated Coal, LLC, 1144 Market Street, Suite 400, Wheeling, West Virginia 26003. Mine: Federal No. 2 Mine, MSHA I.D. No. 46–01456, Monongalia County, West Virginia. Regulation Affected: 30 CFR 75.1400– 3(b)(5) (Daily examination of hoisting equipment). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance for daily examination of skips that are used periodically as hoisting equipment to transport persons. The petitioner seeks modification of the existing standard as it pertains to daily examinations and observations of the lining and all other equipment and appurtenances installed in a shaft where persons are transported, and as the standard applies to the use of skips to transport persons at the Federal No. 2 Mine. The petitioner states that: (1) Eastern Associated Coal uses skips primarily to transport mined material out of the mine, but the skips at Federal No. 2 mine are equipped with appropriate features and safety mechanisms to be used to also transport persons. (2) The transport of persons by skip will only occur when maintenance work or shaft inspection is required. Such work is required periodically and on an ‘‘as needed’’ basis. (3) In lieu of the daily examination required by the standard, the lining and appurtenances installed in the shaft will be examined on a weekly basis. The E:\FR\FM\03DEN1.SGM 03DEN1 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices examination will be used to trend conditions in the shaft and may be performed more frequently if deemed necessary by the operator. (4) The examination on the day(s) the skip is to be used to transport persons will occur prior to the maintenance being performed. (5) The petitioner will comply with all other applicable requirements of the Federal Mine Safety and Health Act of 1977 and it corresponding regulations. The petitioner asserts that the proposed alternative method of examining the lining of the shaft will guarantee no less than the same measure of protection to the miners as would be provided by the existing standard, and will not result in a diminution of safety to the miners. Sheila McConnell, Acting Director, Office of Standards, Regulations and Variances. [FR Doc. 2014–28441 Filed 12–2–14; 8:45 am] BILLING CODE 4510–43–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 52–022 and 52–023; NRC– 2013–0261] Duke Energy Progress; Combined License Application for Shearon Harris Nuclear Power Plants Units 2 and 3 Nuclear Regulatory Commission. ACTION: Exemption; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to an August 1, 2014, letter from Duke Energy Progress (DEP), which requested an exemption from certain regulatory requirements that requires DEP to submit an update to the Final Safety Analysis Report (FSAR) included in their combined license (COL) application by December 31, 2014. The NRC staff reviewed this request and determined that it is appropriate to grant the exemption, but stipulated that the update to the FSAR must be submitted prior to, or coincident with the resumption of the COL application review or by December 31, 2015, whichever comes first. DATES: The exemption is effective on December 3, 2014. ADDRESSES: Please refer to Docket ID NRC–2013–0261 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:42 Dec 02, 2014 Jkt 235001 • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2013–0261. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Brian Hughes, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–6582; email: Brian.Hughes@ nrc.gov. SUPPLEMENTARY INFORMATION: I. Background On February 18, 2008, DEP submitted to the NRC a COL application for two units of Westinghouse Electric Company’s AP1000 advanced pressurized water reactors to be constructed and operated at the existing Shearon Harris Nuclear Plant (Harris) site (ADAMS Accession No. ML080580078). The NRC docketed the Shearon Harris Units 2 and 3 COL application (Docket Numbers 52–022 and 52–023) on April 23, 2008. On April 15, 2013, (ADAMS Accession No. ML13112A761) DEP submitted Revision 5 to the COL application including updates to the FSAR, per subsection 50.71(e)(3)(iii) of Title 10 of the Code of Federal Regulations (10 CFR). On May 2, 2013 (ADAMS Accession No. ML13123A344), DEP requested that the NRC suspend review of the Shearon Harris Nuclear Plant Units 2 and 3 COL application. On August 7, 2013 (ADAMS Accession No. ML13220B004), DEP requested an exemption from the PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 71791 10 CFR 50.71(e)(3)(iii) requirements to submit the COL application FSAR update, which NRC granted through December 31, 2014. On August 1, 2014 (ADAMS Accession No. ML14216A431), DEP requested another exemption from the 10 CFR 50.71(e)(3)(iii) requirements to submit the COL application FSAR update by December 31, 2015. II. Request/Action Paragraph 50.71(e)(3)(iii) requires that an applicant for a COL under Subpart C of 10 CFR part 52, submit updates to their FSAR annually during the period from docketing the application to the Commission making its 52.103(g) finding. Pursuant to 10 CFR 50.71(e)(3)(iii) the next annual update of the FSAR included in the Harris Units 2 and 3 COL application would be due by December 31, 2014. In a letter dated August 1, 2014 (ADAMS Accession No. ML14216A431), DEP requested that the Harris Units 2 and 3 COL application be exempt from the 10 CFR 50.71(e)(3)(iii) requirements until December 31, 2015, or prior to a request to reactivate the Harris Units 2 and 3 COL application review. The exemption would allow DEP to submit the next FSAR update at a later date, but still in advance of NRC’s reinstating its review of the application and, in any event, by December 31, 2015. The current requirement to submit an FSAR update could not be changed, absent the exemption. III. Discussion Pursuant to 10 CFR 50.12 the Commission may, upon application by any interested person or upon its own initiative, grant exemptions from the requirements of 10 CFR part 50, including Section 50.71(e)(3)(iii) when: (1) The exemption(s) are authorized by law, will not present an undue risk to public health or safety, and are consistent with the common defense and security; and (2) special circumstances are present. As relevant to the requested exemption, special circumstances exist if: ‘‘[a]pplication of the regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule’’ (10 CFR 50.12(a)(2)(ii)) and if ‘‘[t]he exemption would provide only temporary relief from the applicable regulation and the licensee or applicant has made good faith efforts to comply with the regulation’’ (10 CFR 50.12(a)(2)(v)). The purpose of 10 CFR 50.71(e)(3)(iii) is to ensure that the NRC has the most E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Notices]
[Pages 71789-71791]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28441]


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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, 30 CFR 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 the Office of 
Standards, Regulations and Variances on or before January 2, 2015.

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, 1100 Wilson Boulevard, Room 2350, Arlington, 
Virginia 22209-3939, Attention: Sheila McConnell, Acting Director, 
Office of Standards, Regulations and Variances. Persons delivering 
documents are required to check in at the receptionist's desk on the 
21st floor. 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.]

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-2014-020-M.
    Petitioner: Barrick Goldstrike Mine, Inc., the KOIN Center, Suite 
1500, 222 SW Columbia Street, Portland, Oregon 97201.
    Mine: Arturo Mine, MSHA I.D. No. 26-02767, 27 Miles North of 
Carlin, Carlin, Nevada 89822, located in Eureka County, Nevada.
    Regulation Affected: 30 CFR 56.6309(b) (Fuel oil requirements for 
ANFO).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow the use of recycled used waste oil blended 
with diesel fuel (hereinafter ``blended oil'') to prepare ammonium-
nitrate fuel oil (ANFO). Blended oil has been approved for use to 
prepare ANFO at Barrick's Goldstrike mine pursuant to MSHA's Amended 
Decision and Order of December 1, 1998, reinstated by Decision and 
Order November 4, 2011, granting modification of the application of 30 
CFR 56.6309(b) at Goldstrike (hereinafter ``Goldstrike Modification 
Order''). The petitioner states that it seeks only to use the blended 
oil that has already been recycled and tested at Goldstrike according 
to the conditions set out in the Goldstrike Modification

[[Page 71790]]

Order in its ANFO blasting agents, and use the blended oil prepared and 
approved for use at Goldstrike in ANFO mixtures at the Arturo Mine. The 
petitioner states that:
    (1) Barrick operates several gold mines in Elko, Nevada, including 
Goldstrike Mine and soon-to-be launched Arturo Mine.
    (2) In its capacity as manager for Barrick/Dee Mining Venture, a 
joint venture between Barrick Gold Exploration, Inc., and Goldcrop Dee 
LLC, Barrick will commence mining operations at the Arturo Mine, I.D. 
No. 26-02767, on January 2, 2015.
    (3) The Arturo Mine is an open-pit gold mine that consists of a 
series of sediment hosted Carlin-style gold deposits adjacent to and 
including the former Dee gold mine, 35 kilometers northwest of Elko, 
Nevada. The mining methods at Arturo will involve using heavy equipment 
to dig blasted rock and ore, similar to the mining methods at 
Goldstrike Mine. The ore will be transferred to either a leach pad or 
stockpile, and ultimately to Goldstrike for further processing. Waste 
rock will be transferred to a waste dump.
    (4) The principle blasting method to be applied at Arturo Mine 
involves the use of ANFO loaded in pre-drilled blast holes, also 
similar to the blasting methods at Goldstrike Mine. Barrick intends to 
ignite approximately 1,000 blast holes per month at Arturo Mine, the 
number of which would fluctuate depending on targets and gold prices.
    (5) Barrick seeks a modification of the application of 30 CFR 
56.6309(b) at the Arturo Mine to allow it to utilize blended oil in 
lieu of conventional diesel fuel when preparing ANFO for blasting.
    (6) It is important to note that MSHA has already determined that 
there is no diminution of safety when using blended oil that meets the 
EPA criteria of 40 CFR 279.11, and does not contain hazardous waste 
material listed in 40 CFR 261 to prepare ANFO under the conditions set 
forth in the Goldstrike Modification Order--the very same conditions 
that Barrick intends to follow when using blended oil in its ANFO 
mixtures at the Arturo Mine.
    (7) On March 14, 1997, Barrick filed a Petition for Modification of 
30 CFR 56.6309(b) for its Goldstrike Mine, I.D. No. 26-01089, on the 
grounds that utilizing used waste oil, collected from diesel equipment 
at Goldstrike and recycled and tested according to certain conditions, 
in lieu of conventional diesel fuel when preparing ANFO blasting agents 
would at all times guarantee no less than the same measure of 
protection afforded by the standard.
    (8) On December 1, 1998, MSHA granted Barrick's petition and issued 
the Goldstrike Modification Order, granting modification of the 
application of 30 CFR 56.6309(b) based upon an alternative method of 
compliance involving 22 requisite conditions.
    (9) Since the issuance of the Goldstrike Modification Order, 
Barrick has followed the 22 requisite conditions when collecting and 
recycling waste oil into used oil, and ultimately combining it with 
diesel fuel to create blended oil for use in its ANFO mixtures at 
Goldstrike Mine as an approved alternative method of compliance with 30 
CFR 56.6309(b).
    (10) Barrick likewise seeks a modification of the application of 
this standard to its Arturo Mine and states that this petition for 
modification is premised on Barrick's intent only to utilize in its 
ANFO blasting agents the blended oil that has already been recycled and 
tested at Goldstrike according to the conditions in the Goldstrike 
Modification Order.
    (11) The petitioner proposes to use the following procedures at the 
Arturo Mine to achieve the goal of 30 CFR 56.6309(b):
    (a) The ANFO blasting agents the petitioner seeks to load in its 
blast holes at Arturo Mine will consist of blended oil prepared at 
Goldstrike Mine according to the conditions set forth in the Goldstrike 
Modification Order, combined with ammonium nitrate. The blended oil and 
ammonium nitrate will be taken to the blast site in separate containers 
and will be combined only as part of the actual process of loading the 
blast holes.
    (b) After the blended oil has been sampled and tested at Goldstrike 
in accordance with the Goldstrike Modification Order, Barrick will 
transport 6,000 gallons of blended oil from Goldstrike to Arturo Mine 
using the same dedicated truck already in use at Goldstrike for hauling 
oil from the storage tank to the blend facility, to ensure safe and 
secure transport of the same to Arturo Mine. The distance the truck 
will travel from the Goldstrike storage facility to Arturo Mine 
measures 5.3 miles.
    (c) Once the blended oil arrives at Arturo Mine, Barrick will store 
that blasted oil in a 6,000 gallon tank that is dedicated for diesel 
and/or used oil blend storage. The tank will be designed with an 
automatic stirring system that keeps the blend mixed. This tank will be 
placed inside of the Arturo magazine compound.
    (d) The ammonium nitrate to be combined with the blended oil to 
create ANFO will be stored separate and apart from the blended oil in 
two 100 ton silos in a locked and secured compound in the same 
vicinity. Only authorized blasting personnel will have access to the 
blended oil and ammonium nitrate storage facilities.
    (e) The blended oil and ammonium nitrate will be taken to the blast 
site in separate containers and will be combined only as part of the 
actual process of loading the blast holes. The same certified blasting 
personnel operating at Goldstrike Mine will perform blasting operations 
at Arturo Mine.
    The petitioner proposes that procedures set forth in this petition 
constitute a fully appropriate and safe method for transporting, 
storing, and utilizing recycled used waste oil to prepare ANFO without 
any diminution of safety.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.
    Docket Number: M-2014-045-C.
    Petitioner: Eastern Associated Coal, LLC, 1144 Market Street, Suite 
400, Wheeling, West Virginia 26003.
    Mine: Federal No. 2 Mine, MSHA I.D. No. 46-01456, Monongalia 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1400-3(b)(5) (Daily examination of 
hoisting equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance for 
daily examination of skips that are used periodically as hoisting 
equipment to transport persons. The petitioner seeks modification of 
the existing standard as it pertains to daily examinations and 
observations of the lining and all other equipment and appurtenances 
installed in a shaft where persons are transported, and as the standard 
applies to the use of skips to transport persons at the Federal No. 2 
Mine. The petitioner states that:
    (1) Eastern Associated Coal uses skips primarily to transport mined 
material out of the mine, but the skips at Federal No. 2 mine are 
equipped with appropriate features and safety mechanisms to be used to 
also transport persons.
    (2) The transport of persons by skip will only occur when 
maintenance work or shaft inspection is required. Such work is required 
periodically and on an ``as needed'' basis.
    (3) In lieu of the daily examination required by the standard, the 
lining and appurtenances installed in the shaft will be examined on a 
weekly basis. The

[[Page 71791]]

examination will be used to trend conditions in the shaft and may be 
performed more frequently if deemed necessary by the operator.
    (4) The examination on the day(s) the skip is to be used to 
transport persons will occur prior to the maintenance being performed.
    (5) The petitioner will comply with all other applicable 
requirements of the Federal Mine Safety and Health Act of 1977 and it 
corresponding regulations.
    The petitioner asserts that the proposed alternative method of 
examining the lining of the shaft will guarantee no less than the same 
measure of protection to the miners as would be provided by the 
existing standard, and will not result in a diminution of safety to the 
miners.

Sheila McConnell,
Acting Director, Office of Standards, Regulations and Variances.
[FR Doc. 2014-28441 Filed 12-2-14; 8:45 am]
BILLING CODE 4510-43-P
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