[Federal Register Volume 87, Number 159 (Thursday, August 18, 2022)]
[Notices]
[Pages 50888-50890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17802]


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

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.

-----------------------------------------------------------------------

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 September 19, 
2022.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0038 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2022-0038.
    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-2022-012-C.
    Petitioner: UC Mining, LLC, 835 State Route 1179, Waverly, Kentucky 
42462.
    Mine: UC Mining, LLC Mine, MSHA ID No. 15-02709, located in Union 
County, Kentucky.
    Regulation Affected: 30 CFR 75.1700, Oil and gas wells.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.1700 to permit an alternate method as it pertains to leaving 
barrier pillars around coal and gas wells in order to mine through oil 
and gas wells in all mineable coalbeds.
    The petitioner states that:
    (a) The area consists of approximately 10,000 acres located in 
Henderson and Union Counties, Kentucky. The area is situated east of 
the town of Corydon.
    (b) The coal mining method will be continuous mining machine, room 
and pillar. No secondary mining or pillar extraction will be conducted.
    (c) The mineable coal seams in the reserve area are #11 with an 
average thickness of 4.5 feet and an average depth of 280 feet and #9 
with an average thickness of 5 feet and an average depth of 400 feet.
    (d) A worked-out #9 seam mine was previously mined directly 
adjacent (west) to the current area. These old works are assumed to be 
flooded; however, the inundation potential is zero as sufficient 
barrier pillars will be utilized. The worked-out #9 seam mine was mined 
around and mined through plugged wells under Petition for Modification 
(PFM) Docket No. M-1992-101-C, granted on February 2, 1993. The PFM was 
revoked on March 2, 2016, because the mine workings had been abandoned 
and the surface opening(s) to the mine sealed.
    (e) There are approximately 300 documented wells within the 
proposed mining area. The wells date from the early 1940's through the 
present. The average depth of the wells is 2,540 feet.
    (f) There are six main oil producing fields in the mining area, 
with principal

[[Page 50889]]

production coming from the following four formations: Waltersburg 
Sandstone--1,760 feet deep; Cypress Sandstone--2,240 feet deep; Renault 
Limestone--2,580 feet deep; and McClosky Lime--2,620 feet deep.
    The petitioner proposes the following alternative method:
    (a) District Manager approval required:
    (1) A safety barrier of 300 feet in diameter (150 feet between any 
mined area and a well) shall be maintained around all oil and gas wells 
until approval to proceed with mining has been obtained from the 
District Manager.
    (2) The minimum safety barrier between any mined area and a well, 
based on the geological nature of the strata and the functionality of 
the well as found in the mining area, shall be 70 feet in diameter for 
an abandoned well and 100 feet in diameter for an operational well.
    (b) Procedures for cleaning out and preparing oil and gas wells 
prior to plugging or re-plugging:
    (1) A diligent effort shall be made to completely clean out the 
well from the surface to at least 100 feet below the base of the lowest 
mineable coal seam. A diligent effort shall be made to remove all 
material from the entire diameter of the well, wall to wall, except for 
clearly defined surface casing.
    (2) A diligent effort shall be made to prepare down-hole logs for 
each well. They shall consist of a caliper survey and log(s) suitable 
for determining the top, bottom, and thickness of all coal seams. A 
down-hole camera survey may be used in lieu of down-hole logs.
    (3) If it is not possible to remove all the casing as provided in 
section (b)(1), appropriate steps shall be taken to ensure the annulus 
between the casing and well walls is filled with expanding cement and 
contains no voids. If the casing cannot be removed, it shall be cut or 
milled at all mineable coal seams. Perforations or rips shall be made 
50 feet above and below the coal seams to be mined. However, if it is 
determined by the use of a casing bond log that the annulus at the coal 
seams to be mined is already adequately sealed with cement, then 
perforating or ripping shall not be required.
    (4) If the cleaned-out well produces gas, or the uppermost 
hydrocarbon-producing stratum is within 500 feet of the lowest mineable 
coal seam, either a mechanical bridge plug or a cal seal plug shall be 
placed in competent stratum 100 feet below the lowest mineable coal 
seam, but above the top of the uppermost hydrocarbon-producing stratum.
    (c) Procedures for plugging or re-plugging oil or gas wells to the 
surface:
    (1) Expanding slurry cement or Class A cement shall be pumped down 
the well to form a plug which runs from at least 100 feet below the 
base of the lowest minable coal seam to the surface. Portland cement or 
a lightweight cement mixture may be used to fill the area from 100 feet 
above the top of the uppermost mineable coal seam to the surface. Steel 
turnings or other magnetic particles shall be embedded in the top of 
the cement near the surface; alternatively if the surface casing is 
present, it can serve as a permanent magnetic monument of the well. 
Where the hole cannot be marked with a physical monument (i.e., prime 
farmland), high resolution GPS coordinates shall be utilized.
    (d) Procedures after approval has been granted by the District 
Manager to mine within the safety barrier or to mine through a plugged 
well:
    (1) A representative of the operator, a representative of the 
Kentucky Division of Mine Safety (DMS), or the MSHA District Manager 
may request that a conference be conducted prior to mining through a 
plugged well. Upon receipt of any such request, the District Manager 
shall schedule such a conference. It shall be the responsibility of the 
party requesting the conference to notify other parties listed above 
within a reasonable time prior to the conference to provide opportunity 
for participation. The purpose of the conference shall be to review, 
evaluate, and accommodate any abnormal or unusual circumstance(s) 
related to the condition of the well or surrounding strata when such 
conditions are encountered.
    (2) The District Manager shall be notified at least a week prior to 
mining through a well to provide an opportunity to have a 
representative present.
    (3) When using continuous mining methods, drivage sights shall be 
installed at the last open crosscut near the place to be mined to 
ensure intersection of the well. The drivage sights shall not be more 
than 80 feet from the well.
    (4) Firefighting equipment, including fire extinguishers, rock 
dust, and sufficient fire hose to reach the working face area, shall be 
available when either the conventional or continuous mining method is 
used. The fire hose shall be located near the working face.
    (5) Sufficient supplies of roof support and ventilation materials 
shall be available and located near the working face. In addition, an 
emergency plug and/or plugs, shall be available within the immediate 
area of the mine-through.
    (6) Equipment involved in mining-through the well shall be checked 
for permissibility and serviced on the maintenance shift prior to 
mining-through the well. The methane monitor on the continuous mining 
machine involved in mining-through the well shall be calibrated on the 
maintenance shift prior to mining-through the well.
    (7) When mining is in progress, tests for methane shall be made 
with a hand-held methane detector at least every 10 minutes from the 
time that mining with the continuous mining machine is within 30 feet 
of the well until the well is intersected and immediately prior to 
mining-through. 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.
    (8) When the wellbore is intersected, all equipment shall be 
deenergized and the working 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.
    (9) When using a continuous mining machine, 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 the well.
    (10) After a well has been intersected and the working place 
determined safe, mining shall continue inby the well a sufficient 
distance to permit adequate ventilation around the area of the 
wellbore.
    (11) No person shall be permitted in the area of the mining-through 
operation except those actually engaged in the operation, company 
personnel, representatives of the miners, MSHA personnel, and Kentucky 
DMS personnel.
    (12) The mining-through operation shall be under the direct 
supervision of a certified individual. Instructions concerning the 
mining-through operation shall be issued only by the certified 
individual in charge.
    (13) MSHA personnel may interrupt or halt the mining-through 
operation when it is necessary for the safety of the miners.
    (14) A copy of the decision and order approving this petition will 
be maintained at the mine and be available to the Secretary's 
representatives, miners' representatives, and miners.

[[Page 50890]]

    (15) The operator 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.
    (16) Within 30 days after the decision and order becomes final, the 
operator shall submit proposed revisions for its approved mine 
emergency evacuation and firefighting plan required by 30 CFR 75.1501. 
The operator shall revise the plans to include the hazards and 
evacuation procedures to be used for well intersections.
    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. 2022-17802 Filed 8-17-22; 8:45 am]
BILLING CODE 4510-43-P