[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20559-20563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07252]


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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 
Rosebud Mining Company.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before May 8, 2023.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0009 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2023-0009.
    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-2023-002-C.
    Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning, 
Pennsylvania, 16201.
    Mine: Cherry Tree Mine, MSHA ID No. 36-09224, located in Clearfield 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1700, Oil and gas wells.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.1700 as it relates to oil and gas wells at the mine. 
Specifically, the petitioner is petitioning to mine within the 300-feet 
barrier established by 30 CFR 75.1700.
    The petitioner states that:
    (a) The mine will use a room and pillar method of mining.
    (b) A continuous mining machine with attached haulage develops main 
entries. After the mains are established, butts, rooms, and/or panels 
are developed off the mains. The length of the rooms, and/or panels can 
typically extend 600 feet, depending on permit boundaries, projections, 
and conditions.
    (c) The permit for the Cherry Tree Mine contains oil or gas wells 
that have been depleted of production, producing wells, wells that may 
have been plugged not producing oil or gas, and coal bed methane wells. 
These wells would alter the mining projections for the life of the mine 
and not allow for the most efficient use of air available to the mine, 
if the barrier established by 30 CFR 75.1700 were to remain in place. 
The presence of the 300-feet barrier would also limit the safest and 
most efficient use of in-seam CBM wells.
    (d) Marcellus and Utica wells which may not be mined through are 
not contained within the mine permit, and are not subject to this 
petition.
    (e) Plugging oil and gas wells provides an environmental benefit by 
eliminating gas emissions into the atmosphere from gas wells that are 
no longer maintained.
    The petitioner proposes the following alternative method:
    (a) 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 
(including all active, inactive, abandoned, shut-in, previously plugged 
wells, water injection wells, and carbon dioxide sequestration wells) 
until approval to proceed with mining has been obtained from the 
District Manager.
    (b) Prior to mining within the 300-feet safety barrier around any 
well that the mine plans to intersect, the mine operator shall provide 
to the District Manager a sworn affidavit or declaration executed by a 
company official stating that all mandatory procedures for cleaning 
out, preparing, and plugging each gas or oil well have been completed 
as described by the terms and conditions of the Proposed Decision and 
Order (PDO). The affidavit or declaration shall be accompanied by all 
logs described in the PDO and any other records the District Manager 
may request. Once approved by the District Manager, the mine operator 
may mine within the safety barrier of the well, subject to the terms of 
the PDO. If well intersection is not planned, the mine operator may 
request a permit to reduce the 300-feet diameter of the safety barrier 
that does not include intersection of the well. The District Manager 
may require documents and information to help verify the accuracy of 
the location of the well in respect to the mine maps and mining 
projections, including survey closure data, down-hole well deviation 
logs, and historical well intersection location data. If the District 
Manager approves, the mine operator may then mine within the safety 
barrier of the well. The petitioner proposes the following procedures 
for cleaning out and preparing vertical oil and gas wells prior to 
plugging or re-plugging:
    (1) The mine operator shall test for gas emissions inside the hole 
before

[[Page 20560]]

cleaning out, preparing, plugging, and replugging oil and gas wells. 
The District Manager shall be contacted if gas is being produced.
    (2) A diligent effort shall be made to clean the well to the 
original total depth. The mine operator shall contact the District 
Manager prior to stopping the operation to pull casing or clean out the 
total depth of the well. If this depth cannot be reached, and the total 
depth of the well is less than 4,000 feet, the operator shall 
completely clean out the well from the surface to at least 200 feet 
below the base of the lowest mineable coal seam, unless the District 
Manager requires cleaning to a greater depth based on the geological 
strata or pressure within the well. The operator shall provide the 
District Manager with all information it possesses concerning the 
geological nature of the strata and the pressure of the well. If the 
total depth of the well is 4,000 feet or greater, the operator shall 
completely clean out the well from the surface to at least 400 feet 
below the base of the lowest mineable coal seam. The operator shall 
remove all material from the entire diameter of the well, wall to wall. 
If the total depth of the well is unknown and there is no historical 
information, the mine operator must contact the District Manager before 
proceeding.
    (3) The operator shall prepare down-hole logs for each well. Logs 
shall consist of a caliper survey, a gamma log, a bond log, and a 
deviation survey for determining the top, bottom, and thickness of all 
coal seams down to the lowest minable coal seam, potential hydrocarbon 
producing strata, and the location of any existing bridge plug. In 
addition, a journal shall be maintained describing the depth of each 
material encountered; the nature of each material encountered; bit size 
and type used to drill each portion of the hole; length and type of 
each material used to plug the well; length of casing(s) removed, 
perforated or ripped, or left in place; any sections where casing was 
cut or milled; and other pertinent information concerning cleaning and 
sealing the well. Invoices, work-orders, and other records relating to 
all work on the well shall be maintained as part of the logs and 
provided to MSHA upon request.
    (4) When cleaning out the well as detailed in section (d)(2), the 
operator shall make a diligent effort to remove all of the casing in 
the well. After the well is completely cleaned out and all the casing 
removed, the well shall be plugged to the total depth by pumping 
expanding cement slurry and pressurizing to at least 200 pounds per 
square inch (psi). If the casing cannot be removed, it shall be cut, 
milled, or perforated or ripped at all mineable coal seam levels to 
facilitate the removal of any remaining casing in the coal seam by the 
mining equipment. Any casing which remains shall be perforated or 
ripped to permit the injection of cement into voids within and around 
the well.
    (5) All casing remaining at mineable coal seam levels shall be 
perforated or ripped at least every 5 feet from 10 feet below the coal 
seam to 10 feet above the coal seam. Perforations or rips are required 
at least every 50 feet from 200 feet (400 feet if the total well depth 
is 4,000 feet or greater) below the base of the lowest mineable coal 
seam up to 100 feet above the uppermost mineable coal seam. The mine 
operator shall take appropriate steps to ensure that the annulus 
between the casing and the well walls is filled with expanding (minimum 
0.5 percent expansion upon setting) cement and contains no voids. If it 
is not possible to remove all of the casing, the operator shall notify 
the District Manager before any other work is performed. If the well 
cannot be cleaned out or the casing removed, the operator shall prepare 
the well as described from the surface to at least 200 feet below the 
base of the lowest mineable coal seam for wells less than 4,000 feet in 
depth and 400 feet below the lowest mineable coal seam for wells 4,000 
feet or greater, unless the District Manager requires cleaning out and 
removal of casing to a greater depth based on the geological strata or 
the pressure within the well. If the operator, using a casing bond log, 
can demonstrate to the satisfaction of the District Manager that all 
annuli in the well are already adequately sealed with cement, the 
operator shall not be required to perforate or rip the casing for that 
particular well. When multiple casing and tubing strings are present in 
the coal horizon(s), any remaining casing shall be ripped or 
perforated; then it shall be filled with expanding cement as previously 
detailed. An acceptable casing bond log for each casing and tubing 
string shall be made if this is used in lieu of ripping or perforating 
multiple strings.
    (6) If the District Manager concludes that the completely cleaned 
out well is emitting excessive amounts of gas, the operator must place 
a mechanical bridge plug in the well. It shall be placed in a competent 
stratum at least 200 feet (400 feet if the total well depth is 4,000 
feet or greater) below the base of the lowest mineable coal seam, but 
above the top of the uppermost hydrocarbon-producing stratum, unless 
the District Manager requires a greater distance based on the 
geological strata or the pressure within the well. The operator shall 
provide the District Manager with all information concerning the 
geological nature of the strata and the pressure of the well. If it is 
not possible to set a mechanical bridge plug, an appropriately sized 
packer shall be used. The mine operator shall document what has been 
done to ``kill the well'' and plug the carbon producing strata.
    (7) If the upper-most hydrocarbon-producing stratum is within 300 
feet of the base of the lowest minable coal seam, the operator shall 
properly place mechanical bridge plugs as described in section (d)(6) 
to isolate the hydrocarbon-producing stratum from the expanding cement 
plug. The operator shall place a minimum of 200 feet (400 feet if the 
total well depth is 4,000 feet or greater) of expanding cement below 
the lowest mineable coal seam, unless the District Manager requires a 
greater distance based on the geological strata or the pressure within 
the well.
    (e) The petitioner proposes the following procedures for plugging 
or re-plugging oil or gas wells to the surface after completely 
cleaning out the well as previously specified:
    (1) The operator shall pump expanding cement slurry down the well 
to form a plug which runs from at least 200 feet (400 feet if the total 
well depth is 4,000 feet or greater) below the base of the lowest 
mineable coal seam (or lower if required by the District Manager based 
on the geological strata or pressure within the well) to the surface. 
The expanding cement shall be placed in the well under a pressure of at 
least 200 psi. Portland cement or a lightweight cement mixture shall be 
used to fill the area from 100 feet above the top of the uppermost 
mineable coal seam (or higher if required by the District Manager that 
a higher distance is required due to the geological strata or the 
pressure within the well) to the surface.
    (2) The operator shall embed steel turnings or other small magnetic 
particles in the top of the cement near the surface to serve as a 
permanent magnetic monument of the well. In the alternative, a 4-inch 
or larger diameter casing, set in cement, shall extend at least 36 
inches above the ground level with the API (American Petroleum 
Institute) well number engraved or welded on the casing. When the hole 
cannot be marked with a physical monument (e.g., prime farmland), high-
resolution GPS coordinates (one-half meter resolution) shall be 
required.
    (f) The petitioner proposes the following procedures for plugging 
or re-plugging oil and gas wells for use as degasification wells after 
completely

[[Page 20561]]

cleaning out the well as previously specified:
    (1) The operator shall set a cement plug in the well by pumping an 
expanding cement slurry down the tubing to provide at least 200 feet 
(400 feet if the total well depth is 4,000 feet or greater) of 
expanding cement below the lowest mineable coal seam, unless the 
District Manager requires a greater depth based on the geological 
strata or pressure within the well. The expanding cement shall be 
placed in the well under a pressure of at least 200 psi. The top of the 
expanding cement shall extend at least 50 feet above the top of the 
coal seam being mined, unless the District Manager requires a greater 
distance based on the geological strata or pressure within the well.
    (2) The operator shall securely grout into the bedrock of the upper 
portion of the degasification well a suitable casing to protect it. The 
remainder of the well may be cased or uncased.
    (3) The operator shall fit the top of the degasification casing 
with a wellhead equipped as required by the District Manager in the 
approved ventilation plan. Such equipment may include check valves, 
shut-in valves, sampling ports, flame arrestor equipment, and security 
fencing.
    (4) Operation of the degasification well shall be addressed in the 
approved ventilation plan. This may include periodic tests of methane 
levels and limits on the minimum methane concentrations that may be 
extracted.
    (5) After the area of the coal mine that is degassed by a well is 
sealed or the coal mine is abandoned, the operator shall plug all 
degasification wells using the following procedures:
    (i) The operator shall insert a tube to the bottom of the well or, 
if not possible, to within 100 feet above the coal seam being mined. 
Any blockage must be removed to ensure that the tube can be inserted to 
this depth.
    (ii) The operator shall set a cement plug in the well by pumping 
Portland cement or a lightweight cement mixture down the tubing until 
the well is filled to the surface.
    (iii) The operator shall embed steel turnings or other small 
magnetic particles in the top of the cement near the surface to serve 
as a permanent magnetic monument of the well. In the alternative, a 4-
inch or larger casing, set in cement, shall extend at least 36 inches 
above the ground level with the API well number engraved or welded on 
the casing.
    (g) The petitioner proposes the following alternative procedures 
for preparing and plugging or re-plugging oil or gas wells. The 
following provisions apply to all wells which the operator determines, 
and with which the MSHA District Manager agrees, cannot be completely 
cleaned out due to damage to the well caused by subsidence, caving, or 
other factors.
    (1) The operator shall drill a hole adjacent and parallel to the 
well to a depth of at least 200 feet (400 feet if the total well depth 
is 4,000 feet or greater) below the lowest mineable coal seam, unless 
the District Manager requires a greater depth based on the geological 
strata or pressure within the well.
    (2) The operator shall use a geophysical sensing device to locate 
any casing which may remain in the well.
    (3) If the well contains casing(s), the operator shall drill into 
the well from the parallel hole. From 10 feet below the coal seam to 10 
feet above the coal seam, the operator shall perforate or rip all 
casings at least every 5 feet. Beyond this distance, the operator shall 
perforate or rip at least every 50 feet from at least 200 feet (400 
feet if the total well depth is 4,000 feet or greater) below the base 
of the lowest mineable coal seam up to 100 feet above the seam being 
mined, unless the District Manager requires a greater distance based on 
the geological strata or pressure within the well. The operator shall 
fill the annulus between the casings and between the casings and the 
well wall with expanding (minimum 0.5 percent expansion upon setting) 
cement and shall ensure that these areas contain no voids. If the 
operator, using a casing bond log, can demonstrate to the satisfaction 
of the District Manager that the annulus of the well is adequately 
sealed with cement, the operator shall not be required to perforate or 
rip the casing for that particular well or fill these areas with 
cement. When multiple casing and tubing strings are present in the coal 
horizon(s), any casing which remains shall be ripped or perforated and 
filled with expanding cement as previously indicated. An acceptable 
casing bond log for each casing and tubing string shall be made if this 
is used in lieu of ripping or perforating multiple strings.
    (4) Where the operator determines, and the District Manager agrees, 
that there is insufficient casing in the well to allow the method 
previously outlined to be used, then the operator shall use a 
horizontal hydraulic fracturing technique to intercept the original 
well. From at least 200 feet (400 feet if the total well depth is 4,000 
feet or greater) below the base of the lowest mineable coal seam to a 
point at least 50 feet above the seam being mined, the operator shall 
fracture in at least six places at intervals to be agreed upon by the 
operator and the District Manager after considering the geological 
strata and the pressure within the well. The operator shall pump 
expanding cement into the fractured well in sufficient quantities and 
in a manner which fills all intercepted voids.
    (5) The operator shall prepare down-hole logs for each well. Logs 
shall consist of a caliper survey, a gamma log, a bond log, and a 
deviation survey for determining the top, bottom, and thickness of all 
coal seams down to the lowest minable coal seam, potential hydrocarbon 
producing strata, and the location of any existing bridge plug. The 
operator shall obtain the logs from the adjacent hole rather than the 
well if the condition of the well makes it impractical to insert the 
equipment necessary to obtain the log.
    (6) A journal shall be maintained that describes: the depth of each 
material encountered; the nature of each material encountered; bit size 
and type used to drill each portion of the hole; length and type of 
each material used to plug the well; length of casing(s) removed, 
perforated or ripped, or left in place; any sections where casing was 
cut or milled; and other pertinent information concerning sealing the 
well. Invoices, workorders, and other records relating to all work on 
the well shall be also maintained as part of this journal and provided 
to MSHA upon request.
    (7) After the operator has plugged the well, the operator shall 
plug the adjacent hole, from the bottom to the surface, with Portland 
cement or a lightweight cement mixture. The operator shall embed steel 
turnings or other small magnetic particles in the top of the cement 
near the surface to serve as a permanent magnetic monument of the well. 
In the alternative, a 4-inch or larger casing, set in cement, shall 
extend at least 36 inches above the ground level. A combination of the 
methods outlined previously may have to be used in a single well, 
depending upon the conditions of the hole and the presence of casings. 
The operator and the District Manager shall discuss the nature of each 
hole. The District Manager may require that more than one method be 
utilized. The mine operator may submit an alternative plan to the 
District Manager for approval to use different methods including 
certification by a registered petroleum engineer to support the 
proposed alternative methods to address wells that cannot be completely 
cleaned out.
    (h) The petitioner proposed the following mandatory procedures when 
mining within a 100-feet diameter around a well.

[[Page 20562]]

    (1) A representative of the operator, a representative of the 
miners, the appropriate State agency, or the MSHA District Manager may 
request that a conference be conducted prior to intersecting any 
plugged or replugged well. 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. The purpose of 
the conference shall be to review, evaluate, and accommodate any 
abnormal or unusual circumstance related to the condition of the well 
or surrounding strata when such conditions are encountered.
    (2) The operator shall intersect a well on a shift approved by the 
District Manager. The operator shall notify the District Manager and 
the miners' representative in sufficient time prior to intersecting a 
well to provide an opportunity to have representatives present.
    (3) When using continuous mining methods, the operator shall 
install drivage sights 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.
    (4) 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 well intersection (when either the 
conventional or continuous mining method is used) is available and 
operable during all well intersections. 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.
    (5) The operator shall ensure that sufficient supplies of roof 
support and ventilation materials shall be available and located at the 
last open crosscut. In addition, emergency plugs and suitable sealing 
materials shall be available in the immediate area of the well 
intersection.
    (6) Within 12 hours prior to intersecting the well, the operator 
shall test all equipment and check it for permissibility. Water sprays, 
water pressures, and water flow rates used for dust and spark 
suppression shall be examined and any deficiencies corrected.
    (7) The operator shall calibrate the methane monitor(s) on the 
longwall, continuous mining machine, or cutting machine and loading 
machine within 12 hours prior to intersecting the well.
    (8) When mining is in progress, the operator shall perform tests 
for methane with a handheld 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. During the actual 
cutting process, no individual shall be allowed on the return side 
until the well intersection has been completed and the area has been 
examined and declared safe. The operator's most current approved 
ventilation plan shall be followed at all times unless the District 
Manager requires a greater air velocity for the intersect.
    (9) 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 to 
within 20 feet of the face when intersecting the well.
    (10) When the well is intersected, the operator shall deenergize 
all equipment, and thoroughly examine and determine the area to be safe 
before permitting mining to resume.
    (11) After a well has been intersected and the working place 
determined to be safe, mining shall continue inby the well a sufficient 
distance to permit adequate ventilation around the area of the well.
    (12) When necessary, torches shall be used for inadequately or 
inaccurately cut or milled casings. No open flame shall be permitted in 
the area until adequate ventilation has been established around the 
well bore and methane levels of less than 1.0 percent are present in 
all areas that will be exposed to flames and sparks from the torch. The 
operator shall apply a thick layer of rock dust to the roof, face, 
floor, ribs, and any exposed coal within 20 feet of the casing prior to 
the use of torches.
    (13) Non-sparking (brass) tools shall be located on the working 
section and shall be used exclusively to expose and examine cased 
wells.
    (14) No person shall be permitted in the area of the well 
intersection except those engaged in the operation, company personnel, 
representatives of the miners, personnel from MSHA, or personnel from 
the appropriate State agency.
    (15) The operator shall alert all personnel in the mine to the 
planned intersection of the well prior to their going underground if 
the planned intersection is to occur during their shift. This warning 
shall be repeated for all shifts until the well has been mined through.
    (16) The well intersection shall be under the direct supervision of 
a certified individual. Instructions concerning the well intersection 
shall be issued only by the certified individual in charge.
    (17) If the mine operator cannot find the well in the middle of the 
panel or room and misses the anticipated intersection, mining shall 
cease and the District Manager shall be notified.
    (i) A copy of the PDO shall be maintained at the mine and be 
available to the miners.
    (1) If the well is not plugged to the total depth of all minable 
coal seams identified in the core hole logs, any coal seams beneath the 
lowest plug shall remain subject to the barrier requirements of 30 CFR 
75.1700.
    (2) All necessary safety precautions and safe practices required by 
MSHA regulations and State regulatory agencies with jurisdiction over 
the plugging site shall be followed.
    (j) All miners involved in the plugging or re-plugging operations 
shall be trained on the contents of the PDO prior to starting the 
process.
    (k) Mechanical bridge plugs should incorporate the best available 
technologies required or recognized by the State regulatory agency and/
or oil and gas industry.
    (l) Within 30 days after the PDO becomes final, the operator shall 
submit proposed revisions for its approved 30 CFR part 48 training plan 
to the District Manager. These proposed revisions shall include initial 
and refresher training on compliance with the terms and conditions 
stated in the PDO. The operator shall provide all miners involved in 
well intersection with training on the requirements of the PDO prior to 
mining within 150 feet of a well intended to be mined through.
    (m) The responsible person required under 30 CFR 75.1501 shall be 
responsible for well intersection emergencies. The well intersection 
procedures shall be reviewed by the responsible person prior to any 
planned intersection.
    (n) Within 30 days after the PDO becomes final, the operator shall 
submit proposed revisions for its approved mine emergency evacuation 
and firefighting program of instruction required under 30 CFR 75.1502. 
The operator shall revise the program of instruction to include the 
hazards and evacuation procedures to be used for well intersections. 
All underground miners shall be trained on the revised plan within 30 
days of submittal.
    (o) The procedure as specified in 30 CFR 48.3 for approval of 
proposed

[[Page 20563]]

revisions to already approved training plans shall apply.
    (p) In support of the proposed alternative method, the petitioner 
also has submitted a General Rip/Milling Diagram of Gas Well Casing.
    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. 2023-07252 Filed 4-5-23; 8:45 am]
BILLING CODE 4520-43-P