Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices 71789 

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 

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. 

Dated: November 25, 2014. 

Alma Ripps, 

Chief, Office of Policy. 

[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 

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: 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 

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 


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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. 

(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 


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Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices 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 

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 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Exemption; issuance. 

SUMMARY: 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: 

• Federal Rulemaking Web site: Go to 

http://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 

http://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 

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 


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