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


=======================================================================
-----------------------------------------------------------------------

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: <a href="/cdn-cgi/l/email-protection#780202352b3039551b1715151d160c0b381c1714561f170e"><span class="__cf_email__" data-cfemail="c2b8b88f918a83efa1adafafa7acb6b182a6adaeeca5adb4">[email protected]</span></a>. 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), 
<a href="/cdn-cgi/l/email-protection#61030013130e0f4f0300130300130021050e0d4f060e17"><span class="__cf_email__" data-cfemail="dbb9baa9a9b4b5f5b9baa9b9baa9ba9bbfb4b7f5bcb4ad">[email protected]</span></a> (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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>