[Federal Register Volume 75, Number 12 (Wednesday, January 20, 2010)]
[Notices]
[Pages 3255-3261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-935]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice of petitions for modification of existing mandatory
safety standards.
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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of
1977 and 30 CFR Part 44 govern the application, processing, and
disposition of petitions for modification. This notice is a summary of
petitions for modification filed by the parties listed below to modify
the application of existing mandatory safety standards published in
Title 30 of the Code of Federal Regulations.
[[Page 3256]]
DATES: All comments on the petitions must be received by the Office of
Standards, Regulations and Variances on or before February 19, 2010.
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].
2. Facsimile: 1-202-693-9441.
3. Regular Mail: MSHA, Office of Standards, Regulations and
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209,
Attention: Patricia W. Silvey, Director, Office of Standards,
Regulations and Variances.
4. Hand-Delivery or Courier: MSHA, Office of Standards, Regulations
and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia
22209, Attention: Patricia W. Silvey, Director, Office of Standards,
Regulations and Variances.
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. Individuals
who submit comments by hand-delivery are required to check in at the
receptionist desk on the 21st floor.
Individuals may inspect copies of the petitions and comments during
normal business hours at the address listed above.
FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards,
Regulations and Variances at 202-693-9447 (Voice),
[email protected] (E-mail), or 202-693-9441 (Telefax). [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 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-2009-049-C.
Petitioner: INR-WV Operating, LLC, 100 Market Street, Suite A, Man,
West Virginia 25635.
Mine: North Fork Coal Refuse Disposal Facility--WV04-02140-01, MSHA
I.D. No. 46-02140, located in Logan County, West Virginia.
Regulation Affected: 30 CFR 75.214(a) (Refuse piles; general).
Modification Request: The petitioner requests a modification of the
existing standard to permit existing mine openings to be covered during
construction of the North Fork Coal Refuse Disposal Facility. The
petitioner states that: (1) There are 18 mine openings within the
limits of the North Fork Coal Refuse Facility; (2) the openings are
associated with the Buffalo Mining Company's No. 8-C Mine in the Upper
Winifrede coal seam and the Tri-Energy Resources, Inc., No. 3 Mine and
Hart-Hat Coal Company's No. 3 Mine in the Buffalo Creek seam; (3) all
of the mines are abandoned; and (4) only a few of the openings are
currently exposed. The petitioner further states that: (1) All mine
openings will be exposed and sealed and underdrains installed at the
lowest elevation opening; (2) the mine openings will be backfilled with
earthen material that will extend approximately 25 feet into the mine
and at least 4 feet in all directions beyond the limits of the opening;
(3) any exposed coal seam along the mine bench will also be covered
with soil at least 4 feet above the seam; (4) one 12-inch, SDR-11 high
density polyethylene pipe will be placed at the mine opening with the
lowest elevation; (5) a rock underdrain, consisting of 3-inch to 9-inch
diameter rock cobbles wrapped with filter fabric will be installed to
convey potential flow from the pipe to the main rock underdrain or to a
groin ditch, and (6) since the existing mines are abandoned, the
proposed plan will provide the same measure of protection for the
miners as given to them by the standard.
Docket Number: M-2009-050-C.
Petitioner: Wolf Run Mining Company, 300 Corporate Centre Drive,
Scott Depot, West Virginia 25560.
Mine: Sentinel Mine, MSHA I.D. No. 46-04168, located in Barbour
County, West Virginia.
Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
Modification Request: The petitioner requests to be permitted to
continue mining through the vertical boreholes and horizontal legs and
branches (laterals) of CBM wells that penetrate the coalbed it is
mining. The petitioner states that one of the following method(s) will
be implemented to protect against hazards from such wells to the miners
in the mine while mining through CBM wells with horizontal branches in
coal seams: (1) The process outlined will be executed under the
direction of a certified and qualified person. Only those personnel
directly associated with the mine-through process will be present in
the heading which is to encounter the borehole during the initial mine
intersection of such borehole; and (2) upon approaching a fifty-foot
(50') radius from the nearest portion of an in-seam borehole through
the process of through-mining an in-seam borehole--initial mine-through
and/or subsequent through-mining of another segment of the same
borehole (excluding subsequent mining of a continuous section of the
same borehole). The petitioner proposes to: (1) Install vacuum pump(s)
or a compressor at the wellhead, capable of maintaining a vacuum, which
is lower than the mine operating pressure in the working faces, to the
farthest reaches of the associated boreholes; (2) equip the well with
continuous flow, pressure and oxygen monitoring equipment. A flame
arresting device will be installed on the surface equipment of the well
as close as practicable to the outlet connection of the vertical
wellhead component. The producing well system will be equipped with an
automatic flare stack designed to fall open to the atmosphere in case
of compressor shutdown, high pressure, or high oxygen content; (3)
configure telemetry equipment to provide automatic warning to both the
mine operator and well operator should the vacuum system shut down or
lose vacuum force. The warning system will be capable of notification
by telephone and/or fax to both organizations simultaneously. Warning
alarms will be monitored twenty-four (24) hours per day, seven (7) days
per week. Personnel for both organizations will be trained and
simulated drills will be performed to ensure emergency preparedness.
Once mining is within twenty-four (24) hours of intersecting the
borehole, qualified personnel will be stationed continuously at the
well site until the mine-through has been achieved. If communications
become unavailable or inadequate during such period, mining will cease
until suitable communications are reestablished; (4) ensure that the
well liquid level is maintained below the lower coal seam junction; (5)
notify MSHA Morgantown District Manager, MSHA Bridgeport Field Office,
and appropriate state agencies at least twenty-four (24) hours prior to
the shift on which the mine-through is projected to occur; (6)
[[Page 3257]]
position firefighting equipment, including two 20 pound fire
extinguishers, 240 pounds of rock dust, and a fire hose long enough to
reach the face having the capability of delivering a minimum of 50
gallons per minute of water at a nozzle pressure of 50 pounds per
square inch; (7) assure that no less than the volume of air prescribed
in the approved face ventilation plan is delivered to the face of the
heading which will encounter the borehole; (8) calibrate the onboard
methane monitor on the applicable continuous miner at the end of the
last production shift prior to the projected mine-through; (9) reduce
the interval for methane readings from 20 minutes to 10 minutes as
mining progresses through the mine-through procedure; (10) de-energize
face equipment and inspect the area as soon as the borehole is
breached, including methane readings at the face, behind the line
curtain, and in the immediate return. If mine air flows into the
lateral as expected, or if gas inflow is acceptably low, proceed with
mining only to the extent that a clean face has been prepared for roof-
bolting and borehole plugging. If gas inflow from the well is
unacceptably high (1.0% methane by volume, or higher, as measured at
least twelve inches from the roof, rib, face, and floor), take
appropriate action on the section and immediately, from under supported
roof, install a cup type packer device with a minimum of 20 feet of
pipe. Load the hole with water to ensure inflow is controlled. Monitor
liquid level in case of leakage and refill liquid as required; and (11)
take a methane reading at least once every 10 minutes, using a properly
calibrated hand-held methane detector, while bolting and cleaning up
(scooping) the face for the sealing operation, and heavily rock dust
the affected face and entry. The petitioner states that MSHA personnel
may interrupt or halt the mining-through operation when it is necessary
for the safety of the miners. Persons may review a complete list of
procedures for this petition at the MSHA address listed in this notice.
The petitioner asserts that the proposed alternative method will at all
times guarantee no less than the same measure of protection at the
Sentinel Mine as would be afforded by the existing standard.
Docket Number: M-2009-051-C.
Petitioner: Rockhouse Creek Development, LLC, 210 Larry Joe Harless
Drive, P.O. Box 1389, Gilbert, West Virginia 25621.
Mine: No. 3-A Mine, MSHA I.D. No. 46-09279, located in Mingo
County, West Virginia.
Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray
systems).
Modification Request: The petitioner requests a modification of the
existing standard to allow Rockhouse Creek Development (RCD) to
continue its weekly inspections and functional testing of its complete
deluge-type water spray system, and to remove blow-off dust covers from
the nozzles. The petitioner states that: (1) Sections 75.1101-1 through
75.1101-4 set forth requirements regarding deluge-type water spray
systems and among those requirements there is no mandate to inspect and
functional-test such systems. Nevertheless, RCD conducts a weekly
inspection and functional-tests of its complete deluge-type spray
system. The system consists of an average of thirty (30) sprays along
each of approximately ten (10) primary belt-conveyor drives and an
average of sixty (60) sprays along each of eight (8) secondary drives;
and (2) Currently RCD provides blow-off dust covers for each nozzle as
required in 75.1101-1. In view of the frequent inspections and
functional testing of the system, the dust covers are not necessary
because the nozzles can be maintained in an unclogged condition through
weekly use. Further, it is burdensome to recap the large number of
covers weekly after each inspection and functional test. The petitioner
asserts that the proposed alternative method would at all times
guarantee no less than the same measure of protection afforded the
miners employed at Rockhouse Creek Development by the existing
standard.
Docket Number: M-2009-052-C.
Petitioner: ICG Beckley, LLC, 300 Corporate Centre Drive, Scott
Depot, West Virginia 25560.
Mine: Beckley Pocahontas Mine, MSHA I.D. No. 46-05252, located in
Raleigh County, West Virginia.
Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
Modification Request: The petitioner requests a modification of the
existing standard to be permitted to continue mining through the
vertical boreholes and horizontal legs and branches (laterals) of
coalbed methane (CBM) wells that penetrate the coalbed it is mining.
Intact Coal Bed Methane Borehole (Surface Articulated/Drilled) (CBM)
Mine Through Plans. One of the following method(s) will be implemented
to protect against hazards from such wells to the miners in the mine
while mining through CBM wells with horizontal branches in coal seams:
Option A: Water plug under pressure: (1) The CBM well will be infused
with water prior to the underground mining operations breaching the CBM
well. A positive pressure will be maintained on the CBM well in an
effort to infuse the coal around the CBM hole with water, as well; (2)
the CBM well system will be equipped with a flame arrestor and
sufficient lightning protection; (3) mining will be completed in
accordance with the underground mine-through procedures as listed in
the plan; (4) legs/laterals that are opened after mining will be
evaluated to determine the quantity of methane being produced in order
to determine if the lateral will have to be plugged or simply
ventilated; (5) if a plug is required, it will be installed in
accordance with the contingency plans as listed; (6) typically, open
legs/laterals will be breached multiple times during mining. The
segmented hole(s) will be ventilated or filled with water each time it
is breached. The larger or outby portions of the borehole/degas hole
will be pressurized with water. Option B: Maintain Negative (Vacuum)
Pressure on Degas Hole: (1) The CBM well will have a vacuum pump or
compressor system setup at the wellhead that will have the capability
of maintaining a sufficient vacuum pressure on the entire CBM borehole
and provide a pressure that is lower than the mine operating pressure
at any intersection point; (2) the CBM well will be set up with a 24
hour monitoring system that will immediately notify the mine operator
of any reductions or losses in vacuum pressure; (3) the well system
will be equipped with a flame arrestor and sufficient lightning
protection. An automatic vent and oxygen sensor system will be
installed and maintained such that when oxygen from the underground
mine/pipe system is detected, the vent will open and vent the methane
to the atmosphere; (4) the CBM gas well on the surface will be
pressurized and a negative (vacuum) pressure will be maintained on the
legs/laterals of the system; (5) mining will be completed in accordance
with the underground mining procedures listed in this plan; (6) when a
degas hole is intercepted, mine air will be pulled into the open
borehole and will ventilate the outby portion of the degas borehole
immediately; (7) legs/laterals on the inby portion of the hole that are
not being pulled to the surface will be evaluated to determine the
quantity of methane being produced in order to determine if the lateral
will have to be plugged or simply ventilate; (8) if a plug is required
it will be installed in accordance with the contingency plan as listed;
(9) typically, open legs/laterals will be breached multiple times
during
[[Page 3258]]
mining. The segmented hole(s) will be ventilated by mine air or by the
pressure from the vacuum pump on the surface; (10) short segments of
CBM legs/laterals (100 feet or less) will be ventilated and air forced
through the segment to sweep away any methane in that segment. After
the hole has been ventilated, it will be allowed to remain open and be
ventilated with the remainder of the mine. Option C: Plugging the
Coalbed Methane Well (CBM) from the Surface: (1) Procedures for
cleaning out and preparing the CBM well for plugging: (a) Make a
diligent and reasonable effort to remove all metal casing from the CBM/
well borehole unless it has been grouted in place. Metal casing that
has been grouted in place will be perforated or ripped at intervals to
allow for any expanding cement or slurry mixtures to infiltrate the
annulus between the casing and the borehole wall; (b) a diligent and
reasonable effort will be made to reenter the CBM/well borehole to the
original total measured distance. If the total measured distance cannot
be reached, the borehole will be reentered to the maximum extent
practicable. Similarly, any known laterals will be reentered to the
maximum extent practicable; (c) a directional deviation survey
completed during the drilling of the borehole/well or during the
cleanout will be utilized to determine the relative location of the
coal seam and of the location of the boreholes within the coal seam;
(2) Plugging Coalbed Methane (CBM) wells: (a) Once the borehole has
been reentered to the maximum extent practicable, expanding grout will
be pumped into the CBM. Where laterals are encountered, a diligent and
reasonable effort will be made to reenter each known lateral and grout
to the maximum extent practicable. Upon completion of grouting each
lateral, the inby portion of the main trunk line of the CBM will be
filled with expanding grout to the maximum extent practicable, and will
be repeated until the CBM is grouted/filled to the surface; (b) the
MSHA District Manager will determine what alternate materials other
than grout are suitable for use in sealing the borehole; and (c) a
small quantity of steel shavings or magnetic material will be installed
at the top of the grouted CBM borehole and utilized as a monument
locating the site; (3) If the CBM well is located such that it may be
used as a bleeder borehole, the grout mixture quantity will be limited
to fill only the coal seam drill hole void. In all other circumstances,
the CBM will be filled with grout to at least fifty feet above the
upper most underground minable coal seam. The petitioner states that:
(1) The operator will notify the District Manager or his designee prior
to mining within 300 feet of any well and when a specific plan is
designated for mining through each well. The District Manager or his
designee, the representative of miners, and the appropriate State
agency will receive reasonable notification prior to the mining-through
operation in order to have an opportunity to have a representative
present; (2) the mining-through operation will be under the direct
supervision of a certified person in charge. Personnel will not be
permitted in the area of the mining-through operation except those
actually engaged in the operation, company personnel, a representative
of the miners, the MSHA representative(s) and the representative(s)
from the appropriate State agency; (3) underground procedures for
mining through a degas borehole will include firefighting equipment,
fire extinguishers, rock dust and sufficient fire hose to reach the
working face to be available near the working place where the cut-
through will take place. The surrounding area within 20 feet of the
cut-through area will be heavily rock dusted immediately prior to the
cut-through. Adequate roof support and ventilation materials will be
available near the working place where the cut-through will take place.
Ventilation quantities will be maintained at the working face
throughout the mine-through operation. Equipment will be in compliance
with permissibility requirements and compliance will be verified on the
shift immediately prior to the cut-through. Persons may review a
complete description of the petitioner's procedures for mining through
CBM wells at the MSHA address listed in this notice. The petitioner
asserts that the proposed alternative method will at all times
guarantee no less than the same measure of protection at the Beckley
Pocahontas Mine as would be afforded by the existing standard.
Docket Number: M-2009-053-C.
Petitioner: ICG Beckley, LLC, 2221 Old Eccles Road, P.O. Box 49,
Eccles, West Virginia 25836.
Mine: Beckley Pocahontas Mine, MSHA I.D. No. 46-05252, located in
Raleigh County, West Virginia.
Regulation Affected: 30 CFR 75.1909(b)(6) (Non-permissible diesel-
powered equipment; design and performance requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit the Getman Roadbuilder, Serial Number 460-
001 to be operated as it was originally designed, without front brakes.
The petitioner states that: (1) The rule does not address equipment
with more than four (4) wheels, specifically the Getman Roadbuilder,
Model RDG-1504S, with six (6) wheels; (2) the machine has dual brake
systems on the four (4) rear wheels, and is designed to prevent loss of
braking due to a single component failure; (3) seventy-four percent
(74%) of the machines total weight is over the four (4) rear wheels;
and (4) with the weight distribution, brakes on the rear of the machine
are sufficient to safely stop the machine. The petitioner further
states that: (1) Training will be provided to the grader operators to
lower the moldboard to provide additional stopping capability in
emergency situations; and (2) training will be provided to the grader
operators to recognize the appropriate speeds to use on different
roadway conditions, and to limit the maximum speed to 10 miles per
hour. The petitioner asserts that the proposed alternative method will
provide the same degree/level of safety as the existing regulation.
Docket Number: M-2009-054-C.
Petitioner: Pinnacle Mining Company, LLC, P.O. Box 338, Pineville,
West Virginia 24874.
Mine: Pinnacle Mine, MSHA I.D. No. 46-01816, located in Wyoming
County, West Virginia.
Regulation Affected: 30 CFR 75.507-1 (Electric equipment other than
power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit 2,400-volt or 4,160-volt alternating
current submersible pump(s) to be installed and operated in return and/
or bleeder entries and sealed areas in the Pinnacle Mine. The
petitioner states that the three phase 2,400-volt or 4,160-volt
alternating current electric power circuit(s) for the pump(s) will be
designed and installed to: (a) contain either a direct or a derived
neutral, which will be grounded through a suitable resistor at the
source transformer of power center. A grounding circuit originating at
the grounded side of the grounding resistor will extend along with the
power conductors and serve as the grounding conductor for the frame of
the pump(s) and all associated electric equipment that may be supplied
power from the circuit(s). The borehole casing will be bonded to the
system grounding medium; and (b) contain a grounding resistor that
limits the ground-fault current to not more than 6.5 amperes.
[[Page 3259]]
The grounding resistor must be rated for the maximum fault current
available and must be insulated from ground for a voltage equal to the
phase-to-phase voltage of the system. The petitioner asserts that the
proposed alternative method will provide an acceptable alternative and
provide at least the same degree of safety as the existing standard.
Docket Number: M-2009-055-C.
Petitioner: Prairie State Generating Company, LLC, 4274 County
Highway 12, Marissa, Illinois 62257.
Mine: Lively Grove Mine, MSHA I.D. No. 11-03193, located in
Washington County, Illinois.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance).
Modification Request: The petitioner requests a modification of the
existing standard to permit the trailing cables to be increased to the
maximum length of 950 feet for the 995 volt three-phase alternating
current continuous mining machines and the 480-volt to 995 volt three-
phase alternating current roof-bolting machines. The petitioner states
that: (1) The maximum length of the trailing cables supplying power to
three-phase 995 continuous miners will be 950 feet. The maximum length
of the trailing cables supplying power to three-phase 480-volt or 995-
volt roof bolting machines will be 950 feet; (2) the trailing cables
for the 995-volt continuous mining machines will not be smaller than
No. 2 American Wire Gauge (AWG), SHD-GC. The trailing cables for the
480-volt or 995-volt roof bolting machines will not be smaller than No.
2 AWG, SHD-GC; (3) all circuit breakers used to protect the No. 2 AWG
trailing cables exceeding 850 feet in length will have instantaneous
trip units calibrated to trip at 1,500 amperes. The trip setting will
be sealed so that the setting cannot be changed, and these circuit
breakers will have permanent, legible labels. Each label will identify
the circuit breakers as being suitable for protecting No. 2 AWG cables.
The label will be maintained legible. Replacement instantaneous trip
units used to protect No. 2 AWG trailing cables will be calibrated to
trip at 1,500 amperes and the setting will be sealed or locked for
trailing cables exceeding 850 feet in length; (4) all circuit breakers
used to protect No. 2 AWG trailing cables exceeding 700 feet in length
and less than 850 feet in length, will have instantaneous trip units
calibrated to trip at 800 amperes. The trip setting will be sealed to
that the setting cannot be changed, and will have permanent, legible
labels. Each label will identify the circuit breakers as being suitable
for protecting No. 2 AWG cables. The label will be maintained legible.
Replacement instantaneous trip units used to protect No. 2 AWG trailing
cables will be calibrated to trip at 800 amperes and this setting will
be sealed or locked for trailing cables exceeding 700 feet in length
and less than 850 feet in length; (5) all components that provide
short-circuit protection will have a sufficient interruption rating in
accordance with the maximum calculated fault currents available. Short-
circuit current setting must not exceed 70 percent of the minimum
available current; (6) during each production day, persons designated
by the mine operator will visually examine the trailing cables to
ensure that the cables are in safe operating condition and that the
instantaneous settings of the specially calibrated breakers do not have
seals or locks removed and that they do not exceed the settings
stipulated in items 5 and 6; (7) permanent warning labels will be
installed and maintained on the cover(s) of the power center
identifying the location of each sealed short-circuit protective
device; (8) any trailing cable that is not in safe operating condition
will be removed from service immediately and repaired or replaced; (9)
splices and repairs in trailing cables will be made in accordance with
the instructions of the splice or repair manufacturer and 30 CFR 75.603
and 30 CFR 75.604; (10) all miners who have been designated to examine
the integrity of seals, verify the short-circuit settings, and examine
trailing cables for defects will receive part 48 training in the
following: (a) The mining methods and operating procedures that will
protect the trailing cables against damage; (b) the proper procedures
for examining the trailing cables to ensure that they are in safe
condition; (c) the hazards if setting the short-circuit interrupting
device(s) too high to adequately protect the trailing cables; and (d)
how to verify that the circuit interrupting device(s) protecting the
trailing cable(s) are properly set and maintained. The petitioner
asserts that the alternative method will at all times guarantee no less
than the same measure of protection afforded by the existing standard.
Docket Number: M-2009-056-C.
Petitioner: Prairie State Generating Company, LLC, County
Highway12, Marissa, Illinois 62257.
Mine: Lively Grove Mine, MSHA I.D. No. 11-03193, located in
Washington County, Illinois.
Regulation Affected: 30 CFR 75.1002 (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of 2,400-volt continuous miners in
the Lively Grove Mine. The petitioner states that: (1) The nominal
voltage of power circuits will not exceed 2,400 volts; (2) the nominal
voltage of the control circuits will not exceed 120 volts; (3) the
ground-fault current will be limited by a neutral grounding resistor to
not more than 0.5 ampere; (4) high-voltage circuits will be protected
against short-circuits, overload, ground-faults, and undervoltage by a
circuit interrupting device of adequate interrupting capacity; (5) the
high-voltage cable for the 2,400-volt continuous miner circuit will be
provided with instantaneous ground-fault protection set at not more
than 0.125 ampere; (6) the neutral grounding resistor will be provided
with backup ground-fault protection that will de-energize the primary
of the transformer if a ground fault occurs with the neutral grounding
resistor open; (7) each ground-fault current device will be provided
with a test circuit that will inject a current of 50 percent or less of
the current rating of the grounding resistor and cause each
corresponding circuit-interrupting device to open. The test circuit
will not subject the equipment to an actual phase-to-ground-fault
condition. The petitioner further states that within 60-days after the
Proposed Decision and Order become final, the petitioner will submit
provisions for its approved part 48 training plan to the District
Manger. The proposed revisions will include, but not limited to, task
training, hazard training, and specialized training for qualified
persons under 30 CFR 75.153, and annual refresher training. In
addition, the following will be adopted: (a) Safety precautions for the
handling and use of high-voltage trailing cables, for all mines
assigned to work in the area of the high-voltage trailing cable; and
(b) specialized training for qualified electricians that will be
required to repair, maintain and/or trouble-shoot the high-voltage
trailing cable or equipment. This training will focus on the
requirements of this modification. Persons may review a complete
description of the petitioner's proposed alternative method at the MSHA
address listed in this notice. The petitioner asserts that the
alternative method will at all times guarantee no less than the same
measure of protection afforded by the existing standard.
Docket Number: M-2009-057-C.
Petitioner: Prairie State Generating Company, LLC, 4274 County
Highway 12, Marissa, Illinois 62257.
[[Page 3260]]
Mine: Lively Grove Mine, MSHA I.D. No. 11-03193, located in
Washington County, Illinois.
Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of plugging and
mining through oil and gas wells. The petitioner states that: (1)
Lively Grove Mine will be mining the Herrin 6 coal and will
experience mining around or through oil and gas wells; (2) copies of
the plugging affidavits have been acquired from the Illinois State
Geological Survey in the reserve area; and (3) before the well is
approached, a drawing will be submitted to the District Office for
approval to either mine around the well or through the well if
necessary. The petitioner also states that the following procedures
will be utilized when plugging oil and gas wells: (1) Cleaning out and
preparing oil and gas wells: (i) A diligent effort will be made to
clean the borehole to the original total depth. If this depth cannot be
reached, the borehole will be cleaned out to a depth which would permit
the placement of at least 200 feet of expanding cement below the base
of the lowest minable coalbed; (ii) when clearing the borehole, a
diligent effort will be made to remove all the casing in the borehole.
If it is not possible to remove all casing, the casing which remains
will be perforated or ripped at intervals spaced close enough to permit
expanding cement slurry to infiltrate the annulus between the casing
and the borehole wall for distance of at least 200 feet below the base
of the lowest minable coalbed; (iii) if the cleaned out borehole
produces gas, a mechanical bridge plug will be place in the borehole in
a competent stratum at least 200 feet below the base of the lowest
minable coalbed, but above the top of the uppermost hydrocarbon
producing stratum. If it is not possible to set a mechanical bridge
plug, a substantial brush plug may be used in place of the mechanical
bridge plug; (iv) a suite of logs will be made consisting of a caliper
survey directional deviation survey, and log(s) suitable for
determining the top and bottom of the lowest minable coalbed and
potential hydrocarbon producing strata and the location for the bridge
plug. An electric well log to determine hole diameter will be conducted
to accurately predict the quantity of cement required to plug the hole
from 200 feet below the base of the lowest minable coal seam to the
surface; (v) if the uppermost hydrocarbon-producing stratum is within
200 feet of the base of the lowest minable coalbed, properly placed
mechanical bridge plugs or a suitable brush plug described in
subparagraph (a)(3) will be used to isolate the hydrocarbon producing
stratum from the expanding cement plug. Nevertheless, a minimum of 200
feet of expanding cement will be place below the lowest minable
coalbed; and (vi) the wellbore will be completely filled and circulated
with a gel that inhibits any flow of gas, supports the walls of the
borehole, and increases the density of the expanding cement. This gel
will be pumped through an open-end tubing run to a point approximately
20 feet above the bottom of the cleaned out area of the borehole bridge
plug. (2) Plugging oil and gas wells to the surface. Procedures to be
utilized when plugging gas or oil wells to the surface are as follows:
(i) A cement plug will be set in the wellbore by pumping an expanding
cement slurry down the tubing to displace the gel and fill the borehole
to the surface. As an alternative, the cement slurry may be pumped down
the tubing so that the borehole is filled with Portland cement or a
Portland cement-fly ash mixture from a point approximately 100 feet
above the top of the lowest minable coalbed to the surface with an
expanding cement plug extending from at least 200 feet below the lowest
minable coalbed to the bottom of the Portland cement. There will be at
least 200 feet of expanding cement below the base of the lowest minable
coalbed, and (ii) a surface casing, small quantity of steel turnings,
or other small magnetic particles, will be embedded in the top of the
cement near the surface to serve as a permanent magnetic monument of
the borehole. As an alternative, a steel rod may be driven into the
ground next to the borehole. (3) Plugging oil or gas wells using the
vent pipe method. Procedures to be utilized when using the vent pipe
method for plugging gas or oil wells are as follows: (i) A 4\1/2\ inch
or larger vent pipe will be run into the wellbore to a depth of 100
feet below the lowest minable coalbed and welded to a smaller diameter
pile, if desired, which will extend to a point approximately 20 feet
above the bottom of the cleaned out area of the borehole or bridge
plug; (ii) a cement plug will be set in the wellbore by pumping an
expanding cement slurry, Portland cement, or a Portland cement-fly ash
mixture down the tubing to displace gel so that the borehole is filled
with cement. The borehole and the vent pipe will be filled with
expanding cement for minimum of 200 feet below the base of the lowest
minable coalbed. The top of the expanding cement will extend to a point
approximately 100 feet above the top of the lowest minable coalbed;
(iii) all fluid will evacuated from the vent pipe to facilitate testing
for gases. During the evacuation of fluid, the expanding cement will
not be disturbed; and (vi) the top of the vent pipe will be protected
to prevent liquids or solids from entering the wellbore, but permit
ready access to the full internal diameter of the vent pipe when
necessary. (4) Plugging oil or gas wells for use as degasification
boreholes. Procedures to be utilized when plugging gas or oil wells for
subsequent use of degasification boreholes are as follows: (i) A cement
plug will be set in the wellbore by pumping an expanding cement slurry
down the tubing to displace the gel and provide at least 200 feet of
expanding cement below the lowest minable coalbed; (ii) to facilitate
methane drainage, degasification casing of suitable diameter, slotted
or perforated throughout its lower 150 to 200 feet will be set in the
borehole to a point 10 to 30 feet above the top of the expanding
cement; (iii) the annulus between the degasification casing and the
borehole wall will be cemented from a point immediately above the slots
or perforations to the surface; (iv) the degasification casing will be
cleaned out for its total length; and (v) the top of the degasification
casing will be fitted with a wellhead equipped as required by the
District Manager. Such equipment may include check valves, shut-in
valves, sampling port, flame arrester equipment, and security fencing.
The petitioner further states that when mining through a plugged oil or
gas well, the District Manager or designee will be notified prior to
mining within 300 feet of the well and when a specific plan is
developed for mining through each well. Within 60 days after this
Proposed Decision and Order becomes final, the petitioner will submit
proposed revisions for its approved 30 CFR Part 48 training plan to the
District Manager. These proposed revisions will include initial and
refresher training regarding compliance with the terms and conditions
stated in the Proposed Decision and Order. Persons may review a
complete description of the petitioner's procedures for implementing
the proposed alternative method at the MSHA address listed in this
notice. The petitioner asserts that the alternative method will at all
times guarantee no less than the same measure of protection afforded by
the existing standard.
Docket Number: M-2009-058-C.
Petitioner: Perry County Coal Corporation, 1845 S KY Hwy 15,
Hazard, Kentucky 41701.
[[Page 3261]]
Mine: E4-1 Mine, MSHA I.D. No. 15-18565, located in Perry County,
Kentucky.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance).
Modification Request: The petitioner requests a modification of the
existing standard to permit the E4-1 Mine to increase the maximum
length of trailing cables supplying power to permissible pumps in the
mines. The petitioner states that: (1) This petition will apply only to
trailing cables supplying three-phase, 480-volt power for permissible
pumps; (2) the maximum length of the 480-volt power for permissible
pump will be 4,000 feet; (3) all circuit breakers used to protect
trailing cables exceeding the pump approval length or Table 9 of Part
18 will have an instantaneous trip unit calibrated to trip at 75
percent of phase to phase short-circuit current. The trip setting of
these circuit breakers will be sealed or locked, and these circuit
breakers will have permanent legible labels. Each label will identify
the circuit breaker as being suitable for protecting the trailing
cables, and the labels will be maintained legible. In instances where a
75 percent instantaneous set point will not allow a pump to start due
to motor inrush, a thermal magnetic breaker will be furnished. The
thermal rating of the circuit breaker will be no greater than 75
percent of the available short-circuit current and the instantaneous
setting will be adjusted one setting above the motor inrush trip point.
This setting will also be sealed or locked; (4) replacement
instantaneous trip units used to protect pump trailing cables exceeding
the length of Table 9 of Part 18 will be calibrated to trip at 75
percent of the available phase to phase short circuit current and this
setting will be sealed or locked; (5) permanent warning labels will be
installed and maintained on the cover(s) of the power center to
identify the location of each sealed or locked short-circuit protection
device. These labels will warn miners not to change or alter the short
circuit settings; (6) the pump circuits attached to this petition have
greater lengths than approved or in Table 9. All future pump
installation with excessive cable lengths will have a short-circuit
survey conducted and items 1-5 will be implemented. A copy of each
pump's short-circuit survey will be available at the mine site for
inspection; and (7) the petitioner's alternative method will not be
implemented until designated miners have been trained to examine the
integrity of the seals or locks, verify the short-circuit settings, and
perform proper procedures for examining trailing cables for defects and
damage. The petitioner further states that within 60 days after the
Proposed Decision and Order becomes final, proposed revisions for
approved 30 CFR Part 48 training plan at any of the listed mines will
be submitted to the Coal Mine Safety and Health District Manager. The
training plan will include: (a) Training in the mining methods and
operating procedures for protecting the trailing cables against damage;
(b) training in proper procedures for examining the trailing cables to
ensure they are in safe operating condition; (c) training in hazards of
setting the instantaneous circuit breakers too high to adequately
protect the trailing cables; and (d) training in how to verify that the
circuit interrupting device(s) protecting the trailing cable(s) are
properly set and maintained; and (e) the procedures of 30 CFR 48.3 for
approval of proposed revisions to already approved training plans will
apply. The petitioner asserts that the proposed alternative method will
at all times guarantee no less than the same measure of protection to
all miners at Perry County Coal Corporation than is provided the
existing standard.
Dated: January 14, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-935 Filed 1-19-10; 8:45 am]
BILLING CODE 4510-43-P