[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Notices]
[Pages 53016-53020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18618]


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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 September 29, 
2022.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0039 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2022-0039.
    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-2022-013-C.
    Petitioner: Harrison County Coal Resources, Inc., 464 North Portal 
Road, Wallace, West Virginia 26448.
    Mine: Harrison County Mine, MSHA ID No. 46-01318, located in 
Harrison 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 mining within a 300 feet barrier of slant 
directionally drilled (SDD) wells and through coalbed methane (CBM) gas 
wells.
    The petitioner states that:
    (a) The proposed alternative method has been successfully used to 
prepare CBM wells for safe intersection by using one or more of the 
following methods: cement plug, polymer gel, bentonite gel, active 
pressure management and water infusion, and remedial work.
    (b) The proposed alternative method will prevent the CBM well 
methane from entering the underground mine.
    (c) An existing Petition for Modification (Docket No. M-2016-019-C 
granted on June 30, 2017) allows the plugging methods outlined in the 
proposed alternative method to be used at the Harrison County Mine for 
vertical oil and gas wells.
    The petitioner proposes the following alternative method:
    (a) District Manager approval required:
    (1) A minimum working barrier of 300 feet in diameter shall be 
maintained around all SDD wells until approval to proceed with mining 
has been obtained from the District Manager. This barrier extends 
around all vertical and horizontal branches drilled in the coal seam. 
This barrier also extends around all vertical and horizontal branches 
within overlying coal seams subject to caving or subsidence from the 
coal seam being mined when methane leakage through the subsidence zone 
is possible.
    (2) The District Manager may choose to approve each well or a group 
of wells as applicable to the conditions. To prepare the SDD wells for 
intersection, the District Manager may require a certified review by a 
professional engineer to assess the applicability of the proposed 
system(s) to the mine-specific conditions.
    (b) Mandatory computations and administrative procedures prior to 
plugging or replugging SDD wells after District Manager approval has 
been obtained:
    (1) Probable Error of Location--Directional drilling systems rely 
on sophisticated angular measurement systems and computer models to 
calculate the estimated location of the well bore. This estimated hole 
location is subject to cumulative measurement errors so that the 
distance between actual and estimated location of the well bore 
increases with the depth of the hole. Modern directional drilling 
systems are typically accurate within one or two degrees depending on 
the specific equipment and techniques.
    (i) The Probable Error of Location (EE[rho][rho]) is defined by a 
cone described by the average accuracy of angular measurement 
([alpha][alpha]) around the length of the hole (LLHH), calculated by 
the following equation: EE[rho][rho] = LLHH x sin [alpha][alpha]. For 
example, mining projected to intersect a well at a point 4,000 feet 
from the collar, measured along the well path, would consider a 
probable error radius of 69.8 feet about the projected point of 
intersection. EE[rho][rho] = 4,000 x sin(1[deg]) = 69.8.
    (ii) In addition to the Probable Error of Location, the true point 
of intersection may be affected by underground survey errors, surface 
survey errors, and survey errors.
    (2) Minimum Working Barrier Around Well--The minimum working 
barrier around any CBM well or branches of a CBM well in the coal seam 
is 50 feet greater than the calculated Probable Error of Location.
    (i) For example, mining projected to intersect a well at a point 
4,000 feet from the collar, measured along the well path, would 
consider a probable error radius of 69.8 feet about the projected point 
of intersection. Therefore, the minimum working barrier around this 
point of the well bore is 120 feet. The additional 50 feet is a 
reasonable

[[Page 53017]]

separation between the probable location of the well and mining 
operations.
    (ii) When mining is within the minimum working barrier distance 
from a CBM well or branch, the operator must comply with the provisions 
of the Proposed Decision and Order.
    (iii) The District Manager may require a greater minimum working 
barrier around CBM wells where geologic conditions, historical location 
errors, or other factors warrant a greater barrier.
    (3) Ventilation Plan Requirements--The Ventilation Plan shall 
identify SDD CBM wells within the active mining area and any projected 
mining area as specified in 30 CFR 75.372(b)(14) and, where 
intersection is projected, note the well casing type, diameter, and 
preparation method for the defined working barrier. If the well has not 
been prepared for intersection, the techniques which the operator plans 
to implement shall also be included. Actions necessary to implement 
such techniques, as well as required operational precautions for mining 
within the minimum working barrier shall also be included. Further 
operational precautions to be taken when mining within the minimum 
working barrier may be required by the District Manager.
    (4) Ventilation Map--The ventilation map specified in 30 CFR 75.372 
shall contain the following information:
    (i) The surface location of all CBM wells in the active mining area 
and any projected mining area as specified in 30 CFR 75.372(b)(14);
    (ii) Identifying information of CBM wells (American Petroleum 
Institute or equivalent);
    (iii) The coal seam intersection of all CBM wells;
    (iv) The horizontal extents in the coal seam of all CBM wells and 
branches;
    (v) If intersected, the date of mine intersection and the location 
of such intersection relative to the expected point.
    (c) Mandatory procedures for plugging or replugging SDD wells:
    (1) The operator shall include in the mine ventilation plan one or 
more of the following methods specified in sections (c)(3) through 
(c)(7) to prepare SDD wells for safe intersection.
    (2) The methods approved in the ventilation plan must be completed 
on each SDD well before mining encroaches on the minimum working 
barrier around the well or branch of the well in the coal seam being 
mined. If methane leakage through subsidence cracks is a problem when 
retreat mining, the minimum working barrier must be maintained around 
wells and branches in overlying coal seams or the wells and branches 
must be prepared for safe intersection as specified in the mine 
ventilation plan.
    (3) Cement Plug--Cement may be used to fill the entire SDD hole 
system.
    (i) Squeeze cementing techniques are necessary for SDD plugging due 
to the lack of tubing in the hole. Cement should fill void spaces and 
eliminate methane leakage along the hole. Once the cement has cured, 
the SDD system may be intersected multiple times without further hole 
preparation.
    (ii) Gas cutting occurs if the placement pressure of the cement is 
less than the methane pressure in the coal seam. Under these 
conditions, gas will bubble out of the coal seam and into the unset 
cement creating a pressurized void or a series of interconnected 
pressurized voids. Water cutting occurs when formation water and 
standing water in the hole invades or displaces the unset cement. 
Standing water must be bailed out of the hole or driven into the 
formation with compressed gas to minimize water cutting. The cement 
pressure must be maintained higher than the formation pressure until 
the cement sets to minimize both gas and water cutting. The cementing 
program in the ventilation plan must address both gas and water 
cutting.
    (iii) Due to the large volume to be cemented and potential problems 
with cement setting prior to filling the entire SDD system, adequately 
sized pumping units with back-up capacity must be used. Various 
additives such as retarders, lightweight extenders, viscosity 
modifiers, thixotropic modifiers, and fly ash may be used in the cement 
mix. The volume of cement pumped should exceed the estimated hole 
volume to ensure the complete filling of all voids.
    (iv) The complete cementing program, including hole dewatering, 
cement, additives, pressures, pumping times and equipment must be 
specified in the ventilation plan. The safety data sheets (SDSs) for 
all cements, additives, and components and details regarding personal 
protective equipment and techniques to protect workers from the 
potentially harmful effects of the cement and cement components shall 
be included in the ventilation plan.
    (v) Records of cement mixes, cement quantities, pump pressures, and 
flow rates and times should be retained for each hole plugged. SDD 
holes may be plugged with cement years in advance of mining. The 
District Manager shall require suitable documentation of the cement 
plugging to approve mining within the minimum working barrier around 
CBM wells.
    (4) Polymer Gel--Polymer gels start out as low viscosity, water-
based mixtures of organic polymers that are crosslinked using time-
delayed activators to form a water-insoluble, high-viscosity gel after 
being pumped into the SDD system.
    (i) Although polymer gel systems never solidify, the activated gel 
should develop sufficient strength to resist gas flow. A gel that is 
suitable for treating SDD wells for mine intersection will reliably 
fill the SDD system and prevent gas-filled voids. Any gel chemistry 
used for plugging SDD wells should be resistant to bacterial and 
chemical degradation and remain stable for the duration of mining 
through a SDD system.
    (ii) Water may dilute the gel mixture to the point where it will 
not set to the required strength. Thus, water in the holes must be 
removed before injecting the gel mixture. Water removal can be 
accomplished by conventional bailing and then injecting compressed gas 
to squeeze the water that accumulates in low spots back into the 
formation. Gas pressurization should be continued until the hole is 
dry.
    (iii) Dissolved salts in the formation waters may interfere with 
the cross-linking reactions. Any proposed gel mixtures must be tested 
with actual formation waters.
    (iv) Equipment to mix and pump gels should have adequate capacity 
to fill the hole before the gel sets. Back-up units should be available 
while pumping.
    (v) The volume of gel pumped should exceed the estimated hole 
volume to ensure the complete filling of all voids and allow for gel to 
infiltrate the joints in the coal seam surrounding the hole. Gel 
injection and setting pressures should be specified in the ventilation 
plan.
    (vi) To reduce the potential for an inundation of gel, the final 
level of gel should be close to the level of the coal seam and the 
remainder of the hole should remain open to the atmosphere until mining 
in the vicinity of the SDD system is completed. Packers may be used to 
isolate portions of the SDD system.
    (vii) The complete polymer gel program, including the advance 
testing of the gel with formation water, dewatering systems, gel 
specifications, gel quantities, gel placement, pressures, and pumping 
equipment must be specified in the ventilation plan. The SDSs for all 
gel components and details regarding personal protective equipment and 
techniques to protect workers from the potentially harmful effects of 
the gel and gel components shall be included in the ventilation plan. A 
record of the

[[Page 53018]]

calculated hole volume, gel quantities, gel formulation, pump 
pressures, and flow rates and times should be retained for each hole 
that is treated with gel. Other gel chemistries other than organic 
polymers may be included in the ventilation plan with appropriate 
methods, parameters, and safety precautions.
    (5) Bentonite Gel--High-pressure injection of bentonite gel into 
the SDD system will infiltrate the cleat and butt joints of the coal 
seam near the well bore and effectively seal these conduits against the 
flow of methane.
    (i) Bentonite gel is a thixotropic fluid that sets when it stops 
moving. Bentonite gel has a significantly lower setting viscosity than 
polymer gel. While the polymer gel fills and seals the borehole, the 
lower strength bentonite gel must penetrate the fractures and jointing 
in the coal seam to be effective in reducing formation permeability 
around the hole. The use of bentonite gel is restricted to depleted CBM 
applications with low abandonment pressures and limited recharge 
potential. In general, these applications will be in mature CBM fields 
with long production histories.
    (ii) A slug of water should be injected prior to the bentonite gel 
to minimize moisture-loss bridging near the well bore. The volume of 
gel pumped should exceed the estimated hole volume to ensure that the 
gel infiltrates the joints in the coal seam for several feet 
surrounding the hole. Due to the large gel volume and potential 
problems with premature thixotropic setting, adequately sized pumping 
units with back-up capacity are required.
    (iii) Additives to the gel may be required to modify viscosity, 
reduce filtrates, reduce surface tension, and promote sealing of the 
cracks and joints around the hole. To reduce the potential for an 
inundation of bentonite gel, the final level of gel should be 
approximately the elevation of the coal seam and the remainder of the 
hole should remain open to the atmosphere until mining in the vicinity 
of the SDD system is completed. If a water column is used to pressurize 
the gel, it must be bailed down to the coal seam elevation prior to 
intersection.
    (iv) The complete bentonite gel program, including formation 
infiltration and permeability reduction data, hole pretreatment, gel 
specifications, additives, gel quantities, flow rates, injection 
pressures, and infiltration times, must be specified in the ventilation 
plan. The ventilation plan should list the equipment used to prepare 
and pump the gel. The SDSs for all gel components and details regarding 
personal protective equipment and techniques to protect workers from 
the potentially harmful effects of the gel and additives shall be 
included in the ventilation plan. A record of hole preparation, gel 
quantities, gel formulation, pump pressures, and flow rates and times 
should be retained for each hole that is treated with bentonite gel.
    (6) Active Pressure Management and Water Infusion--Reducing the 
pressure in the hole to less than atmospheric pressure by operating a 
vacuum blower connected to the wellhead may facilitate safe 
intersection of the hole by a coal mine. The negative pressure in the 
hole will limit the quantity of methane released into the higher 
pressure mine atmosphere. If the mine intersection is near the end of a 
horizontal branch of the SDD system, air will flow from the mine into 
the upstream side of the hole and be exhausted through the blower on 
the surface. On the downstream side of the intersection, if the open 
hole length is short, the methane emitted from this side of the hole 
may be diluted to safe levels with ventilation air. Conversely, safely 
intersecting this system near the bottom of the vertical hole may not 
be possible because the methane emissions from the multiple downstream 
branches may be too great to dilute with ventilation air. The methane 
emission rate is directly proportional to the length of the open hole.
    (i) Successful application of vacuum systems may be limited by 
caving of the hole or water collected in dips in the SDD system. 
Another important factor in the success of vacuum systems is the 
methane liberation rate of the coal formation around the well; older, 
more depleted wells that have lower methane emission rates are more 
amenable to this technique. The remaining methane content and the 
formation permeability shall be addressed in the ventilation plan.
    (ii) Packers may be used to reduce methane inflow into the coal 
mine after intersection. All packers on the downstream side of the hole 
must be equipped with a center pipe so that the inby methane pressure 
may be measured or so that water may be injected. Subsequent 
intersections shall not take place if pressure in a packer-sealed hole 
is excessive.
    (iii) Alternatively, methane produced by the downstream hole may be 
piped to an in-mine degas system to safely transport the methane out of 
the mine or may be piped to the return air course for dilution. In-mine 
methane piping shall be protected as stipulated in ``Piping Methane in 
Underground Coal Mines,'' MSHA IR1094 (1978). Protected methane 
diffusion zones may be established in return air courses if needed.
    (iv) Detailed sketches and safety precautions for methane 
collection, piping, and diffusion systems must be included in the 
ventilation plan per 30 CFR75.371(ee).
    (v) Water infusion prior to intersecting the well will temporarily 
limit methane flow. Water infusion may also help control coal dust 
levels during mining. High water infusion pressures may be obtained 
prior to the initial intersection by the hydraulic head resulting from 
the hole depth or by pumping. Water infusion pressures for subsequent 
intersections are limited by leakage around in-mine packers and 
limitations of the mine water distribution system. If water is infused 
prior to the initial intersection, the water level in the hole must be 
lowered to the coal seam elevation before the intersection.
    (vi) The ventilation plan should include/address the following:
    (A) The complete pressure management strategy including negative 
pressure application, wellhead equipment, use of packers, in-mine 
piping, methane dilution, and water infusion.
    (B) Procedures for controlling methane in the downstream hole.
    (C) Remaining methane content and formation permeability.
    (D) Potential for the coal seam to cave into the well.
    (E) Dewatering methods.
    (F) Record of the negative pressures applied to the system, methane 
liberation, use of packers, any water infusion pressures, and 
application time should be retained for each intersection.
    (7) Remedial work--If problems are encountered in preparing the 
holes for safe intersection, remedial measures must be taken to protect 
the miners. For example, if only one-half of the calculated hole volume 
of cement could be placed into a SDD well due to hole blockage, holes 
should be drilled near each branch that will be intersected and squeeze 
cemented using pressures sufficient to fracture into the potentially 
empty SDD holes. The District Manager approval of the ventilation plan 
for remedial +work shall be obtained on a case-by-case basis.
    (d) Mandatory procedures after District Manager approval to mine 
within the minimum working barrier around the well or branch of the 
well:
    (1) The operator, the District Manager, the miners' representative, 
or the State may request a conference prior to any intersection or 
after any intersection to discuss issues or concerns. Upon receipt

[[Page 53019]]

of any such request, the District Manager shall schedule a conference. 
The party requesting the conference shall notify all other parties 
listed above within a reasonable time prior to the conference to 
provide opportunity for participation.
    (2) The operator must notify the District Manager, the State, and 
the miners' representative at least 48 hours prior to the intended 
intersection of any CBM well.
    (3) The initial intersection of a well or branch of a well 
typically has a higher risk than subsequent intersections and indicates 
if the well preparation is sufficient to prevent the inundation of 
methane. For the initial intersection of a well or branch, the 
following procedures are mandatory:
    (i) Entries that will intersect either vertical segments or 
branches of a well shall be noted with a readily visible marking that 
notes the distance to the well. Such marking shall be located in the 
last open crosscut when mining is within 100 feet of the well.
    (ii) When a segment of a well will be intersected by a longwall, 
drivage sights shall be installed on 10 feet centers starting 50 feet 
in advance of the anticipated intersection. Drivage sights shall be 
installed in the headgate entry of the longwall and note the shield 
number at which the anticipated intersection is expected to occur or 
begin in the case of a horizontal branch.
    (iii) The operator shall ensure that fire-fighting equipment, 
including fire extinguishers, rock dust, and sufficient fire hose to 
reach the working face area of the mine-through (when either the 
conventional or the continuous mining method is used), is available and 
operable during all well mine-throughs. The fire hose shall be located 
in the last open crosscut of the entry or room. The operator shall 
maintain the water line to the belt conveyor tailpiece along with a 
sufficient amount of fire hose to reach the farthest point of 
penetration on the section. When the longwall mining method is used, a 
hose to the longwall water supply is sufficient. All fire hoses shall 
be connected and ready for use, but do not have to be charged with 
water, during the cut-through.
    (iv) The operator shall ensure that sufficient supplies of roof 
support and ventilation materials are available at the working section. 
In addition, emergency plugs, packers, and setting tools to seal both 
sides of the well or branch shall be available in the immediate area of 
the cut-through.
    (v) When mining advances within the minimum working barrier 
distance from the well or branch of the well, the operator shall 
service all equipment and check for permissibility at least once daily. 
Daily permissibility examinations must continue until the well or 
branch is intersected or until mining exits the minimum working barrier 
around the well or branch.
    (vi) When mining advances within the minimum working barrier 
distance from the well or branch of the well, the operator shall 
calibrate the methane monitor(s) on the longwall, continuous mining 
machine, or cutting machine and loading machine at least once daily. 
Daily methane monitor calibration must continue until the well or 
branch is intersected or until mining exits the minimum working barrier 
around the well or branch.
    (vii) When mining is in progress, the operator shall perform tests 
for methane with a handheld methane detector at least every 10 minutes 
from when the mining with the continuous mining machine or longwall 
face is within the minimum working barrier around the well or branch. 
During the cutting process, no individual shall be allowed on the 
return side until the mine-through has been completed and the area has 
been examined and declared safe. The shearer must be idle when any 
miners are inby the tail drum.
    (viii) When using continuous or conventional 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 
within 20 feet of the face when mining through the well or branch. On 
longwall sections, rock dust shall be applied on the roof, rib, and 
floor up to both the headgate and tailgate pillared area.
    (ix) Immediately after the well or branch is intersected, the 
operator shall de-energize all equipment, and the certified person 
shall thoroughly examine and determine the working place safe before 
mining is resumed.
    (x) After a well or branch has been intersected and the working 
place determined safe, mining shall continue in by the well at a 
sufficient distance to permit adequate ventilation around the area of 
the well or branch.
    (xi) No open flame shall be permitted in the area until adequate 
ventilation has been established around the well bore or branch. Any 
casing, tubing, or stuck tools will be removed using the methods 
approved in the ventilation plan.
    (xii) No person except those directly engaged in the operation 
shall be permitted in the working place of the mine-through operation 
during active mining.
    (xiii) The operator shall warn all personnel directly engaged in 
the operation of the planned intersection of the well or branch prior 
to going underground if the intersection is to occur during their 
shift.
    (xiv) The mine-through operation shall be under the direct 
supervision of a certified person. Instructions concerning the mine-
through operation shall be issued only by the certified person in 
charge.
    (xv) All miners shall be in known locations and stay in 
communication with the responsible person, in accordance with the site-
specific approved Emergency Response Plan, when active mining occurs 
within the minimum working barrier of the well or branch.
    (xvi) The responsible person required under 30 CFR 75.1501 is 
responsible for well intersection emergencies. The well intersection 
procedures must be reviewed by the responsible person prior to any 
planned intersection.
    (xvii) A copy of the Decision and Order shall be maintained at the 
mine and be available to the miners.
    (xviii) The provisions of the Decision and Order do not impair the 
authority of representatives of MSHA to interrupt or halt the mine 
through operation and to issue a withdrawal order when they deem it 
necessary for the safety of the miners. MSHA may order an interruption 
or cessation of the mine-through operation and/or a withdrawal of 
personnel by issuing either an oral or a written order to a 
representative of the operator, which shall include the basis for the 
order. Operations in the affected area of the mine may not resume until 
a representative of MSHA permits resumption of mine-through operations. 
The operator and miners shall comply with verbal or written MSHA orders 
immediately. All oral orders shall be committed to writing within a 
reasonable time as conditions permit.
    (xix) For subsequent intersections of branches of a well, 
appropriate procedures to protect the miners shall be specified in the 
ventilation plan.
    (e) Mandatory procedures after SDD intersections:
    (1) All intersections with SDD wells and branches that are in 
intake air courses shall be examined as part of the pre-shift 
examinations required under 30 CFR 75.360.
    (2) All other intersections with SDD wells and branches shall be 
examined as part of the weekly examinations required under 30 CFR 
75.364.
    (f) Other requirements:
    (1) A minimum working barrier of 300 feet in diameter shall be 
maintained around all SDD wells until the operator submits proposed 
revisions for its approved 30 CFR part 48 training plan

[[Page 53020]]

to the District Manager. These proposed revisions shall include initial 
and refresher training regarding compliance with the terms and 
conditions stated in the Decision and Order. The operator shall provide 
all miners involved in the mine-through of a well or branch with 
training regarding the requirements of the Decision and Order prior to 
mining within the minimum working barrier of the next well or branch 
intended to be mined through.
    (2) A minimum working barrier of 300 feet in diameter shall be 
maintained around all SDD wells until the operator has submitted 
proposed revisions for its approved mine emergency evacuation and 
firefighting program of instruction required by 30 CFR 75.1502. The 
operator shall revise the program to include the hazards and evacuation 
procedures to be used for well intersections. All underground miners 
shall be trained in this revised program according to the revised mine 
emergency evacuation and firefighting program of instruction prior to 
mining within the minimum working barrier.
    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. 2022-18618 Filed 8-29-22; 8:45 am]
BILLING CODE 4520-43-P