[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]
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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, 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: [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, 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),
[email protected] (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]
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