[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34307-34309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12040]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: This notice is a summary of a petition for modification 
submitted to the Mine Safety and Health Administration (MSHA) by the 
party listed below.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before July 6, 2022.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0029 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2022-0029.
    2. Fax: 202-693-9441.
    3. Email: [email protected].
    4. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: S. Aromie Noe, Director, 
Office of Standards, Regulations, and Variances. Persons delivering 
documents are required to check in at the receptionist's desk in Suite 
4E401. Individuals may inspect copies of the petition and comments 
during normal business hours at the address listed above. Before 
visiting MSHA in person, call 202-693-9455 to make an appointment, in 
keeping with the Department of Labor's COVID-19 policy. Special health 
precautions may be required.

FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards, 
Regulations, and Variances at 202-693-9440 (voice), 
[email protected] (email), or 202-693-9441 (fax). [These 
are not toll-free numbers.]

SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety 
and Health Act of 1977 and title 30 of the Code of Federal Regulations 
(CFR) part 44 govern the application, processing, and disposition of 
petitions for modification.

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. The application of such standard to such mine will result in a 
diminution of safety to the miners in such mine.
    In addition, sections 44.10 and 44.11 of 30 CFR establish the 
requirements for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2022-008-C.
    Petitioner: Panther Creek Mining LLC, 250 West Main Street, Suite 
2000, Lexington, Kentucky 40507.
    Mine: Sycamore Surface Mine, MSHA ID No. 43-07058, located in 
Fayette County, West Virginia.
    Regulation Affected: 30 CFR 75.1700, Oil and gas wells.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.1700 to permit plugging a gas well.
    The petitioner states that:
    (a) The mine is located at Tom's Branch/Sycamore Creek of the Cabin 
Creek District.
    (b) The Lower Chilton seam will be the last seam mined on the 
ridge, and the mining is projected to extend west towards the end of 
the ridge of the mine permit. Well # 70 is in the middle of the ridge 
and will impede the mining on the ridge if it is not plugged and mined 
through.
    (c) The gas well depth extends approximately 3,800 feet below the 
Lower Chilton seam.
    The petitioner proposes the following alternative method:
    (a) Prior to plugging an oil or gas well, the following procedure 
for cleaning out and preparing oil and gas wells shall be followed:
    (1) A diligent effort shall be made to clean the borehole to the 
original total depth. If this depth cannot be reached, the borehole 
shall be cleaned out to a depth which would permit the placement of at 
least 400 feet of expanding cement below the base of the lowest minable 
coalbed.
    (2) When cleaning the borehole, a diligent effort shall be made to 
remove all the casing in the borehole. If it is not possible to remove 
all casing, the casing which remains shall 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 a 
distance of at least 200 feet below the base of the lowest minable 
coalbed.
    (3) If the cleaned-out borehole produces gas, a mechanical bridge 
plug shall be placed 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.
    (4) A suite of logs shall 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.
    (5) 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 section 
(a)(3) shall be used to isolate the hydrocarbon producing stratum from 
the expanding cement plug. Nevertheless, a minimum of 200 feet of 
expanding cement shall be placed below the lowest minable coalbed.
    (6) The wellbore shall be filled and circulated with a gel that 
inhibits any flow of gas, supports the walls of the borehole, and 
densities the expanding cement. This gel shall be pumped through open 
end tubing run to a point

[[Page 34308]]

approximately 20 feet above the bottom of the cleaned-out area of the 
borehole or bridge plug.
    (b) While gas or oil wells to the surface are plugged, the 
following procedures shall be utilized:
    (1) A cement plug shall 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 
shall be at least 200 feet of expanding cement below the base of the 
lowest mineable coalbed.
    (2) A small quantity of steel turnings, or other small magnetic 
particles, shall be embedded in the top of the cement near the surface 
to serve as a permanent magnetic monument of the borehole.
    (c) When the vent pipe method is used for plugging oil and gas 
wells, the following procedures shall be utilized:
    (1) A 4\1/2\ inch or larger vent pipe shall be run into the 
wellbore to a depth of 100 feet below the lowest minable coalbed and be 
wedged to a smaller diameter pipe, 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.
    (2) A cement plug shall 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 the gel so that the borehole is 
filled with cement. The borehole and the vent pipe shall be filled with 
expanding cement for a minimum of 200 feet below the base of the lowest 
minable coalbed. The top of the expanding cement shall extend upward to 
a point approximately 100 feet above the top of the lowest minable 
coalbed.
    (3) All fluid shall be evacuated from the vent pipe to facilitate 
testing for gases. During the evacuation of fluid, the expanding cement 
shall not be disturbed.
    (4) The top of the vent pipe shall be protected to prevent liquids 
or solids from entering the wellbore but shall permit ready access to 
the full internal diameter of the vent pipe when necessary.
    (d) The following procedures shall be utilized when oil or gas 
wells are plugged for subsequent use as degasification boreholes:
    (1) A cement plug shall 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. 
The top of the expanding cement shall extend upward to a point above 
the top of the coalbed being mined. This distance shall be based on the 
average height of the roof strata breakage for the mine.
    (2) To facilitate methane drainage, degasification casing of 
suitable diameter, slotted or perforated throughout its lower 150 to 
200 feet, shall be set in the borehole to a point 10 to 30 feet above 
the top of the expanding cement.
    (3) The annulus between the degasification casing and the borehole 
wall shall be cemented from a point immediately above the slots or 
perforations to the surface.
    (4) The degasification casing shall be cleaned out for its total 
length.
    (5) The top of the degasification casing shall be fitted with a 
wellhead equipped as required by the District Manager. Such equipment 
may include check valves, shut in valves, sampling ports, flame 
arrestor equipment, and security fencing.
    (e) The well-plugging procedures described in previous sections and 
the following cut through procedures apply whenever the petitioner 
reduces the safety barrier diameter to a distance less than the 
District Manager would approve, pursuant to 30 CFR 75.1700, or whenever 
the petitioner proceeds with an intent to cut through a plugged well:
    (1) Prior to reducing the safety barrier to a distance less than 
the District Manager would approve pursuant to 30 CFR 75.1700 or 
proceeding with an intent to cut through a plugged well, the operator 
shall notify the District Manager or his designee.
    (2) The MSHA District Manager or designee shall conduct a 
conference prior to mining through any plugged well to review and 
approve the specific procedures for mining through the well. 
Representatives of the operator, the representative of the miners, and 
the appropriate State agency shall be informed, within a reasonable 
time prior to the conference, and be given an opportunity to attend and 
participate. This meeting may be called by the operator.
    (3) Mining through a plugged well shall be done on a shift approved 
by the District Manager or designee.
    (4) The District Manager or designee, representative of the miners, 
and the appropriate State agency shall be notified by the operator in 
sufficient time prior to the mining through operation in order to have 
an opportunity to have representatives present.
    (5) When using continuous mining equipment, drivage sights shall be 
installed at the last open crosscut near the place to be mined to 
ensure intersection of the well. The drivage sites shall not be more 
than 50 feet from the well. When using longwall mining methods, drivage 
sights shall be installed on 10-foot centers for a distance of 50 feet 
in advance of the well bore. The drivage sights shall be installed in 
the headgate and tailgate.
    (6) Firefighting equipment, including the fire extinguishers, rock 
dust, and sufficient fire hoses that reach the working face area of the 
mining through shall be available when either the conventional or 
continuous mining method is used. The fire hoses shall be in the last 
open crosscut of the entry or room. All fire hoses shall be ready for 
operation during the mining through.
    (7) Sufficient supplies of roof support and ventilation materials 
shall be available and located at the last open crosscut. In addition, 
an emergency plug and/or plugs shall be available in the immediate area 
of the mine through.
    (8) At least the quantity of air required by the approved mine 
ventilation plan, but not less than 6,000 cubic feet of air per minute 
for scrubber equipped continuous miners or not less than 9,000 cubic 
feet per minute for continuous miner sections using auxiliary fans or 
line brattice only, shall be used to ventilate the working face during 
the mining through operation. The quantity of air required by the 
ventilation plan, but not less than 30,000 cfm, shall reach the working 
face of each longwall during the mine-through operation.
    (9) Equipment shall be checked for permissibility and serviced on 
the shift prior to mining through the well and the water line 
maintained to the tail piece with enough fire hose to reach the 
farthest point of penetration on the section.
    (10) The methane monitor on the continuous mining machine shall be 
calibrated on the shift prior to mining through the well.
    (11) When mining is in progress, tests for methane shall be made 
with a handheld methane detector at least every 10 minutes from the 
time when the mining with the continuous mining machine is within 30 
feet of the well until the well is intersected and immediately prior to 
mining through. When mining with longwall mining equipment, the tests 
for methane shall be made at least every 10 minutes when the longwall 
face is withing 30 feet of

[[Page 34309]]

the well. During the actual cutting through process, no individual 
shall be allowed on the return side until mining through has been 
completed and the area has been examined and declared safe.
    (12) When using continuous mining methods, the working place shall 
be free from accumulations of coal dust and coal spillages, and rock 
dust shall be placed on the roof, rib, and floor to within 20 feet of 
the face when mining through or near the well on the shift or shifts 
during which the cut through will occur. On longwall sections rock 
dusting shall be conducted and placed on the roof, rib, and floor up to 
both headgate and tailgate gob.
    (13) When the wellbore is intersected, all equipment shall be 
deenergized and the place thoroughly examined and determined safe 
before mining is resumed. Any well casing shall be removed, and no open 
flame shall be permitted in the area until adequate ventilation has 
been established around the wellbore.
    (14) After a well has been intersected and the working place 
determined safe, mining shall continue in-by the well a sufficient 
distance to permit adequate ventilation around the area of the 
wellbore.
    (15) No person shall be permitted in the area of the mining-through 
operation except those engaged in the operation, company personnel, 
representatives of the miners, personnel from MSHA, and personnel from 
the appropriate State agency.
    (16) The mining-through operation shall be under the direct 
supervision of a certified official. Instructions concerning the 
mining-through operation shall be issued only by the certified official 
in charge.
    (17) MSHA personnel may interrupt or halt the mining-through 
operation when it is necessary for the safety of the miners.
    (18) A copy of the petition shall be maintained at the mine and be 
available to the miners.
    (19) The Petitioner shall file a plugging affidavit setting forth 
the persons who participated in the work, a description of the plugging 
work, and a certification by the Petitioner that the well has been 
plugged as described.
    (20) The Petitioner shall submit proposed revisions for its 
approved 30 CFR 48 training plan to the Coal Mine Safety and Health 
District Manager. These proposed revisions shall include initial and 
refresher training.
    (f) This petition for modification applies to all types of mining 
such as continuous miner sections continuous mining utilizing mobile 
bridge, and longwall.
    The petitioner asserts that the alternative method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-12040 Filed 6-3-22; 8:45 am]
BILLING CODE 4520-43-P