Petitions for Modification of Application of Existing Mandatory Safety Standards, 54802-54806 [2011-22489]
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Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Notices
has been a shift in a portion of
production of disposable food service
containers and bulk sheet by the subject
firm to a foreign country.
Criterion I has been met because a
significant number or proportion of the
workers in the workers’ firm have
become totally or partially separated, or
are threatened to become totally or
partially separated.
Criterion II has been met because
there has been a shift in production of
disposable food service containers and
bulk sheet by the subject firm to a
foreign country.
Criterion III has been met because the
shift in production to a foreign country
contributed importantly to worker group
separations at the subject firm.
Conclusion
After careful review of the additional
facts obtained on reconsideration, I
determine that workers and former
workers of the subject firm, who are
engaged in employment related to the
production of disposable food service
containers or bulk sheet, meet the
worker group certification criteria under
Section 222(a) of the Act, 19 U.S.C.
2272(a). In accordance with Section 223
of the Act, 19 U.S.C. 2273, I make the
following certification:
All workers of Reynolds Food Packaging
LLC, a subsidiary of Reynolds Group Holding
Limited, Grove City, Pennsylvania, who
became totally or partially separated from
employment on or after January 26, 2010,
through two years from the date of this
revised certification, and all workers in the
group threatened with total or partial
separation from employment on date of
certification through two years from the date
of certification, are eligible to apply for
adjustment assistance under Chapter 2 of
Title II of the Trade Act of 1974, as amended.
Signed in Washington, DC, this 26th day of
August, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2011–22558 Filed 9–1–11; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
19 U.S.C. 2273, I make the following
certification:
Employment and Training
Administration
All workers of Sony Music Holdings, Inc.
(‘‘SMHI’’), d/b/a Sony DADC Americas, a
subsidiary of Sony Corporation of America,
including on-site leased workers from
Employment Plus, Aerotek, and Robert Half,
Pitman, New Jersey, who became totally or
partially separated from employment on or
after February 7, 2010, through two years
from the date of this revised certification, and
all workers in the group threatened with total
or partial separation from employment on
date of certification through two years from
the date of certification, are eligible to apply
for adjustment assistance under Chapter 2 of
Title II of the Trade Act of 1974, as amended.
[TA–W–75,181]
Sony Music Holdings, Inc., D/B/A Sony
DADC Americas a Subsidiary of Sony
Corporation of America Including OnSite Leased Workers From
Employment Plus, Aerotek, and Robert
Half Pitman, NJ; Notice of Revised
Determination on Reconsideration
On June 28, 2011, the Department of
Labor (Department) issued a Notice of
Affirmative Determination Regarding
Application for Reconsideration for the
workers and former workers of Sony
Music Holdings, Inc. (‘‘SMHI’’), d/b/a
Sony DADC Americas, a subsidiary of
Sony Corporation of America, including
on-site leased workers from
Employment Plus, Aerotek, and Robert
Half, Pitman, New Jersey (subject firm)
to apply for Trade Adjustment
Assistance. The Department’s Notice
was published in the Federal Register
on July 8, 2011 (76 FR 40400). Workers
at the subject firm were engaged in
activities related to the production of
optical discs containing content.
During the reconsideration
investigation, the Department received
new information that revealed that the
subject firm shifted to a foreign country
a portion of the production of articles
like or directly competitive with the
articles produced by the subject firm
workers.
Criterion I has been met because a
significant number or proportion of
workers at the subject firm have become
totally or partially separated or are
threatened with such separation.
Criterion II has been met because the
subject firm shifted to a foreign country
a portion of the production of articles
like or directly competitive with the
articles produced by the subject firm
workers.
Criterion III has been met because the
shift in production contributed
importantly to the workers’ separation
or threat of separation at the subject
firm.
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Conclusion
After careful review of the additional
facts obtained on reconsideration, I
determine that workers and former
workers of the subject firm, who are
engaged in employment related to the
production of optical discs containing
content, meet the worker group
certification criteria under Section
222(a) of the Act, 19 U.S.C. 2272(a). In
accordance with Section 223 of the Act,
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Signed in Washington, DC, this 18th day of
August, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2011–22557 Filed 9–1–11; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of
Application of Existing Mandatory
Safety Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
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
submitted to the Mine Safety and Health
Administration (MSHA) by the parties
listed below to modify the application
of existing mandatory safety standards
codified in Title 30 of the Code of
Federal Regulations.
DATES: All comments on the petitions
must be received by the Office of
Standards, Regulations and Variances
on or before October 3, 2011.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket
number of the petition in the subject
line of the message.
2. Facsimile: 202–693–9441.
3. Regular Mail: MSHA, Office of
Standards, Regulations and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209–3939,
Attention: Roslyn B. Fontaine, Acting
Director, Office of Standards,
Regulations and Variances.
SUMMARY:
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4. Hand-Delivery or Courier: MSHA,
Office of Standards, Regulations and
Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia 22209–
3939, Attention: Roslyn B. Fontaine,
Acting 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’s 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), barron.barbara@dol.gov
(E-mail), or 202–693–9441 (Facsimile).
[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.
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II. Petitions for Modification
Docket Numbers: M–2011–024–C, M–
2011–025–C, and M–2011–026–C.
Petitioner: Amfire Mining Company,
LLC, One Energy Place, Latrobe,
Pennsylvania 15650. .
Mines: Ondo Mine, MSHA Mine I.D.
No. 36–09005, located in Indiana
County, Pennsylvania; Dora 8 Mine,
MSHA I.D. No. 36–08704, located in
Jefferson County, Pennsylvania; and
Madison Mine, MSHA I.D. No. 36–
09127, located in Cambria County,
Pennsylvania.
Regulation Affected: 30 CFR 75.503
(Permissible electric face equipment;
maintenance) and 30 CFR 18.35(a)(5)(i)
(Portable (trailing) cables and cords).
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Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of extended
trailing cables on the Mobile Bridge
Conveyors, Dual Boom Roof Bolters,
Continuous Miners, and Shuttle Cars.
The petitioner states that these petitions
will apply to: (1) Trailing cables that
supply 995-Volt 3-Phase AC Current to
Continuous Miners and Mobile Bridge
Conveyors. Cable will have a 90 degree
insulation rating; and (2) trailing cables
that supply 480-Volt 3-Phase AC
Current to Roof Bolters and Shuttle
Cars. Additionally, the petitioner states
that: (1) Extended length Trailing Cables
used on Shuttle Cars and Roof Bolters
will be 3-Conductor Round Cable, Type
G–GC, Type G or Type G & GC. When
a Type G–GC or Type G & GC Round
Cable is used with wireless ground wire
monitoring, the Ground Check
Conductor will be connected as a
Ground Conductor; (2) the maximum
cable length of the Miner, Mobile Bridge
Conveyors, Roof Bolters and Shuttle
Cars will not exceed 1,000 feet. The
trailing cable for the Miner will not be
smaller than #2/0 American Wire Gauge
(AWG). The trailing cable for the Roof
Bolter and Shuttle Car will not be
smaller than a #4 AWG, and the trailing
cable for the Haulage unit will not be
smaller than #2 AWG; (3) all circuit
breakers used to protect the #4 AWG
trailing cables exceeding the 600 feet in
length will have Instantaneous Trip
Units calibrated to trip at 500 amperes
(Amps). The trip settings of these
breakers will either be sealed or the
breaker trip units will not be larger than
500 Amps. These circuit breakers will
have permanent legible labels attached.
The label will identify the circuit
breaker as being suitable for protecting
#4 AWG cables; (4) replacement
breakers and/or Instantaneous Trip
Units used to protect #4 AWG Cables
will be calibrated to trip at 500 Amps
and this setting will be sealed or Trip
Units will not be larger than 500 Amps;
(5) all circuit breakers used to protect #2
AWG cables exceeding 700 feet in
length will have instantaneous trip units
calibrated to trip at 800 Amps. The trip
settings of these circuit breakers will be
sealed and these circuit breakers will
have permanent legible labels. The label
will identify the circuit breaker as being
suitable for protecting #2 AWG cables;
(6) replacement circuit breakers and/or
instantaneous trip units used to protect
#2 AWG trailing cables will be
calibrated to trip at 800 Amps and this
setting will be sealed; (7) all circuit
breakers used to protect #2/0 AWG
trailing cables exceeding 850 feet in
length will have instantaneous trip units
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calibrated to trip at 1500 Amps. The trip
setting of these circuit breakers will be
sealed or the maximum available setting
on the trip units will not be greater than
1500 Amps. These circuit breakers will
have permanent legible labels. The label
will identify the circuit breaker as being
suitable for protecting #2/0 AWG cables;
(8) replacement breakers and/or
instantaneous trip units used to protect
#2/0 AWG trailing cables will be
calibrated to trip at 1500 Amps and this
setting will be sealed or the maximum
size of the trip unit will be 1500 Amps;
(9) all components that provide short
circuit protection will have a sufficient
interruption rating in accordance with
the maximum calculated fault currents
available; (10) during each production
day, persons designated by the operator
will visually examine the trailing cables
to ensure the cables are in safe operating
condition and that the instantaneous
settings of the specially calibrated
breakers do not have seals removed or
tampered with and they do not exceed
500, 800 or 1500 Amps respectively;
(11) any trailing cable that is not in a
safe operating condition will be
removed from service immediately and
repaired or replaced; (12) each splice or
repair in the trailing cables to the Miner,
Mobile Bridge Conveyor, Roof Bolter or
Shuttle Car will be made in a
workmanlike manner and in accordance
with the instructions of the
manufacturer of the splice or repair
materials. The splice or repair will
comply with 30 CFR 75.603 and 75.604;
(13) permanent warning labels will be
installed and maintained on the cover or
covers of the power center identifying
the location of each sealed short circuit
protective drive. These labels will warn
miners not to change or alter these
sealed short circuit settings; (14) in the
event the mining methods or operating
procedures cause or contribute to the
damage of any trailing cable, the cable
will be removed from service
immediately and repaired or replaced.
Additional precautions will be taken to
ensure that haulage roads and trailing
cable storage areas are situated to
minimize contact of the trailing cable
with the Continuous Miner, Mobile
Bridge Conveyor, Shuttles Cars and Roof
Bolters. Trailing cables, anchors or cable
reel equipment will be of the permanent
type that minimizes the tensile forces on
the trailing cables; (15) where the
method of mining would require that
trailing cables cross roadways or
haulage ways, the cables will be
securely supported from the mine roof
or a substantial bridge for equipment to
pass over the cables will be provided
and used; (16) excess cable will be
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stored behind the anchor or anchors on
equipment that use cable reels to
prevent the cables from overheating;
(17) this change will not be
implemented until this petition for
modification is approved and all miners
who will be responsible for examining
the cables and associated electrical
components have been trained on the
contents and precautions included in
the petition; and (18) proposed revisions
for the approved Part 48 training plan
will specify task training and will be
submitted to the District Manager for the
areas for which the mines are located.
The training will include: (a) The
hazards of setting the short circuit
interrupting device or devices too high
to adequately protect the trailing cables;
(b) how to verify that the circuit
interrupting devices protecting the
trailing cables are properly set and
maintained; (c) mining methods and
operating procedures that will protect
the trailing cables from damage; (d) how
to protect the trailing cables against
damage caused by overheating cables
due to excessive cable stored on reels
and adjusting stored cable behind cable
anchors as tramming distances change;
and (e) proper procedures for examining
the trailing cable to ensure the cables
are in safe operating condition by a
visual inspection of the entire cable,
observing the insulation, the integrity of
splices, and nicks and abrasions. The
petitioner further states that if
regulations are subsequently
promulgated that supersede the
requirements of 30 CFR 75.503 and
18.35(a)(5)(i), the revised standard will
be applied at the mine unless it is
determined by the Secretary or his
representative that the alternative
method contained in the petition will at
all times guarantee no less than the
same measure of protection afforded the
subsequent revised standard. The
petitioner asserts that the proposed
alternative method will provide for a
level of safety equal to or greater than
the statute in place.
Docket Number: M–2011–027–C.
Petitioner: Midland Trail Energy, LLC,
3301 Point Lick Drive, Charleston, West
Virginia 25306.
Mine: Blue Creek No. 1 Deep Mine,
MSHA Mine I.D. No. 46–09297, located
in Kanawha 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 plug and subsequently
encroach within the 300-foot safety
barrier, as dictated in the statute, up to
and including mining through the gas
and/or oil well. The petitioner proposes
to use the following procedures for
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plugging oil and gas wells: (1) A safety
barrier of 300 feet in diameter (150 feet
in radius from the center of the well
casing on the surface) will be
maintained around all oil and gas wells
until written approval to proceed within
this barrier has been obtained from the
District Manager (DM). The petitioner
will make clear in each application to
mine within the safety barrier whether
the well has been plugged or not as well
as whether or not the mining process
intends to intercept the well. This
plugging process will be utilized when
encroachment on a well is greater than
would normally be approved by the DM.
(2) A diligent effort will be made to
clean the wellbore to the original total
depth. If this depth cannot be reached,
the borehole will be cleaned out to a
depth that would permit the placement
of at least 200 feet of expanding cement
below the base of the lowest mineable
coal bed. A mineable coal bed is defined
as having a thickness of at least 24
inches of coal. During the clean out
process, a diligent effort will be made to
remove as much extraneous material
such as sediment, rust, trash, and
hydrocarbon residue as practical. With
respect to the outer walls of the
wellbore, directing high pressure water
jets at such will satisfy this requirement.
(3) When cleaning out the borehole, a
diligent effort will be made to remove
all casing within the borehole. If it is not
possible to remove all casing, the
remaining casing will be perforated or
ripped in such a manner and at such
intervals as to permit expanding cement
slurry to infiltrate the annulus between
the casing and the wellbore wall for a
distance of at least 200 feet below the
base of the lowest mineable coal seam.
From 10 feet below to 10 feet above the
lowest mineable coal seam, any casing
that remains in the borehole will be
continuously perforated or ripped. A
continuous perforation will be defined
as a minimum of 4 shots at intervals no
greater than 12 inches apart. Excluding
the zone within the proximity of the
lowest mineable coal seam, any casing
that remains will be perforated or
ripped at intervals not to exceed 50 feet
from at least 200 feet below the lowest
mineable coal seam to not less than 100
feet above the highest coal seam or the
surface, whichever is less. When
remaining casing is perforated, a
minimum of 4 shots will be detonated
at each location. Where ripping is
performed, a minimum of one 3-foot
long rip will be made at each location.
As an alternative, a casing bonding log
may be performed to demonstrate that
all annuli are adequately sealed with
cement to a depth of at least 200 feet
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below the lowest mineable coal seam. If
the casing bonding log does not
continue to the original total depth of
the wellbore, the casing will be
continuously perforated for a distance of
at least 20 feet beginning at the deepest
point of the casing bonding log and
continuing towards the surface.
Wherein multiple casing and tubing
strings exist within a wellbore, each
string will be perforated or ripped or, as
an alternative, have an acceptable casing
bonding log performed demonstrating
each annulus within the borehole has
been adequately sealed with cement. (4)
A suite of logs, including geophysical,
caliper, and directional deviation
survey, will be performed on the
borehole to a depth not less than was
attainable during the cleanout process.
These logs will be suitable for
determining the top and bottom
elevations of mineable coal seams as
well as potential hydrocarbon
producing stratum. These logs may be
completed before or after the removal of
the casing based on the condition of the
wellbore prior to the removal of the
casing and the anticipated condition of
the wellbore after removal provided the
geophysical instrumentation used can
accurately detect the aforementioned
stratum through the casing. The
information gained from these logs will
be used to determine the location for
placement of the mechanical bridge
plug or its alternative. (5) Pursuant to
the cleanout of the well, a mechanical
bridge plug will be installed in the
borehole at a depth of not less than 200
feet below the base of the lowest
mineable coal seam. The plug will be set
in competent stratum and above the top
of the uppermost hydrocarbonproducing stratum. Wherein casing
remains in the well, the plug will be
installed in a section of competent
casing that has not been perforated or
ripped. If it is not possible to set a
mechanical bridge plug, a packer or
substantial brush plug may be used in
place of the mechanical bridge plug. (6)
If the top of the uppermost
hydrocarbon-producing stratum is
within 200 feet of the base of the lowest
mineable coal seam, an initial
mechanical bridge plug or alternative
will be placed at a depth of no less than
200 feet below the base of the lowest
mineable coal seam. The borehole will
then be filled with an expanding cement
plug to the top of the uppermost
hydrocarbon-producing stratum
wherein a second mechanical bridge
plug or alternative will be installed. The
remaining portion of the borehole from
the top of the second mechanical bridge
plug to the base of the lowest mineable
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coal seam will then be filled with
expanding cement. No less than 200 feet
of expanding cement will be placed in
the borehole below the lowest mineable
coal seam. (7) The wellbore will be
completely filled and circulated with a
gel that inhibits the flow of gas,
supports the walls of the borehole, and
increases the density of the expanding
cement. This gel will be pumped
through tubing that extends to within 20
feet above the bottom of the cleaned out
area of the bridge plug. (8) An
expanding cement plug will be set in
the wellbore by pumping expanding
cement slurry down the tubing such that
it displaces the gel towards the surface.
This expanding cement plug will extend
from a minimum of 200 feet below the
lowest mineable coal seam to at least
100 feet above the lowest mineable coal
seam. From 100 feet above the lowest
mineable coal seam to the surface, the
borehole may be filled with either
expanding cement slurry, Portland
cement, or a Portland cement-fly ash
mixture. When Portland cement or a
Portland cement-fly ash mixture is
substituted for the portion of the
borehole between 100 feet above the
lowest mineable coal seam and the
surface, the expanding cement plug will
be allowed to cure for at least 24 hours
prior to placement of the alternative
above it to the surface. (9) Upon
plugging the well to the surface, a small
quantity of steel turnings or other
magnetic particles will be embedded in
the cement to serve as a permanent
magnetic monument. Other
identification methods may be used
provided that relocation of the well by
magnetic methods is not compromised.
(10) A diligent effort will be made to
provide at least 14 days written notice
to the DM, the appropriate State agency,
and where applicable, the miners’
representative, of the petitioner’s intent
to mine within the safety barrier at a
distance less than would normally be
approved by the DM under the existing
standard or to mine through a plugged
well. When events happen that may
affect the mining process, a minimum of
48 hours of written notice will be
provided by the petitioner so that each
party will have the opportunity to have
a representative present. (11) A
representative of the operator, a
representative of the miners (where
applicable), the appropriate State
agency, or the DM or designee may
request that a conference be conducted
prior to mining through any plugged
well. (12) Mining through a plugged
well will be done on a shift approved
by the DM or designee. (13) Drivage
sights or ‘‘spads’’ will be installed no
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greater than 50 feet from the projected
intersection of the well. The section
foreman and continuous miner operator
will be provided a map at a scale no
greater than 1 inch = 50 feet indicating
the proximity of the well at the coal
seam elevation with respect to the
projected workings. (14) A continuous
centerline will be painted on the mine
roof extending from the drivage sights to
the face prior to mining within 50 feet
of a plugged well. This centerline will
be maintained in all entries and
crosscuts within 50 feet of the well until
the well has been intersected or mining
is no longer occurring within 50 feet of
the plugged well, whichever comes first.
(15) Prior to mining within 50 feet of a
plugged well, the active section will be
thoroughly rock-dusted such that at
least 80 percent incombustible material
is achieved. This will be maintained
within 20 feet of the active face and
reestablished after each cut has been
taken until the well has been
intercepted or mining is no longer
occurring within 50 feet of the well. The
active working place will be kept free
from accumulations of coal dust and
coal spillage until mining within this
zone has been completed or the well has
been mined through. (16) A minimum of
two 20-pound fire extinguishers and 240
pounds of rock dust will be maintained
in the area of mining when mining
within 50 feet of a plugged well. An
independent fire hose sufficient in
length to reach the working face will be
maintained in the last open crosscut or
room. All fire hoses will be connected
to a water supply and fully charged and
ready for operation. (17) Sufficient
supplies of roof support and ventilation
materials will be available and located
in the last open crosscut or room. At
least two emergency plugs and two 100ton or greater roof jacks conforming to
the seam height will be made available
in the immediate area of mining. (18)
When mining within 50 feet of a
plugged well and during the minethrough of a well, at least 9,000 cubic
feet of air per minute or as required by
the approved mine ventilation plan,
whichever is greater, will be delivered
to the working place. (19) All equipment
operated within 50 feet of a plugged
well, including mining through a well,
will be checked for permissibility and
serviced on the shift prior to operating
within the 50-foot zone. Methane
detectors on continuous mining
machines operating within the 50-foot
radius of a plugged well will be
calibrated on the shift prior to operating
in this zone. (20) When mining within
50 feet of a well, tests for methane will
be made at least every 10 minutes while
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continuous mining and roof bolting
activities are being conducted. These
tests for methane will be made prior to
the start of any continuous mining or
roof bolting activity within this zone
until the mine-through is complete or
continuous mining and/or roof bolting
activity is being performed greater than
50 feet from the well. (21) When the
wellbore has been intercepted, all
equipment in the working place will be
deenergized and the place thoroughly
examined and determined safe before
mining is resumed. If it is determined
that the working place is safe and casing
is present, equipment will be
reenergized so that the working face can
be squared up sufficient to facilitate
bolting of the roof as close as possible
to the wellbore without disturbing the
casing. Subsequent to roof bolting,
temporary brattice will be installed so
that sufficient airflow is moving across
the casing. All well casing in the mined
cavity will be removed and no open
flame will be permitted in the working
place until the temporary brattice and
sufficient ventilation have been
established. (22) After the borehole has
been intercepted, the working area has
been determined safe, and, where
applicable, casing has been removed,
mining may continue inby the well at a
distance sufficient to permit adequate
ventilation around the area of the
wellbore. (23) When mining within 50
feet of a plugged well or during a minethrough, no persons except those
actively engaged in the operation,
company personnel, representatives of
the miners (where applicable), MSHA
personnel, and personnel from the
appropriate State agency will be
permitted in the active mining area. (24)
All operations conducted within 50 feet
of a plugged well, including the minethrough process itself, will be
conducted under the supervision of a
certified official. Instructions issued
during mining operations in this zone
will be issued only by the certified
official. (25) A plugging affidavit will be
filed with MSHA and where applicable,
the appropriate State agency. The
affidavit will detail the persons who
participated in the plugging of the well,
a description of the plugging work
including the methods and materials
used, and a certification by a
Professional Engineer that the well has
been plugged. The petitioner further
states that within 60 days of this plan
being approved, proposed revisions to
its Part 48 training plan will be
submitted to the DM. The proposed
revisions will detail initial and annual
refresher training regarding the details
of this plan. In addition, the petitioner
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54806
Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Notices
asserts that the proposed alternative
method will provide no less than the
degree of safety than would be afforded
the miners under the existing standard.
Dated: August 29, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011–22489 Filed 9–1–11; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2011–0007]
Maritime Advisory Committee for
Occupational Safety and Health
(MACOSH)
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice of MACOSH Meeting.
AGENCY:
The Maritime Advisory
Committee for Occupational Safety and
Health (MACOSH) was established
under Section 7 of the Occupational
Safety and Health (OSH) Act of 1970 to
advise the Secretary of Labor, through
the Assistant Secretary of Labor for
Occupational Safety and Health, on
issues relating to occupational safety
and health in the maritime industries.
The purpose of this Federal Register
notice is to announce that the
Committee and workgroups will meet
on September 20–21, 2011, in Portland,
ME.
DATES: MACOSH meeting: MACOSH
will meet from 9:00 a.m. to 5:00 p.m. on
September 20 and 21, 2011.
Submission of written statements,
requests to speak, and requests for
special accommodations: Written
statements, requests to speak at the
Committee meeting, and requests for
special accommodations for the
Committee and workgroup meetings
must be submitted (postmarked, sent,
transmitted) by September 14, 2011.
ADDRESSES: MACOSH meeting:
MACOSH will meet at the Eastland Park
Hotel, 157 High Street, Portland, ME
04101–2814. https://
www.eastlandparkhotel.com/.
Submissions of written statements
and requests to speak: You may submit
written statements and requests to speak
at the full Committee meeting,
identified by the docket number for this
Federal Register notice (Docket No.
OSHA–2011–0007), by one of the
following methods:
Electronically: You may submit
comments and attachments
electronically at https://
erowe on DSK5CLS3C1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
15:37 Sep 01, 2011
Jkt 223001
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Facsimile: If your comments,
including attachments, are not longer
than 10 pages, you may fax them to the
OSHA Docket Office at (202) 693–1648.
Mail, hand delivery, express mail,
messenger, or courier service: When
using one of these methods, you must
submit a copy of your comments and
attachments to the OSHA Docket Office,
Docket No. OSHA–2011–0007, U.S.
Department of Labor, Occupational
Safety and Health Administration,
Room N–2625, 200 Constitution
Avenue, NW., Washington, DC 20210.
Deliveries (hand, express mail,
messenger, and courier service) are
accepted during the Department of
Labor’s and Docket Office’s normal
business hours, 8:15 a.m. to 4:45 p.m.,
e.t.
Requests for special accommodations:
Submit requests for special
accommodations to attend the MACOSH
and its workgroup meetings by hard
copy, telephone, or e-mail to: Ms.
Veneta Chatmon, OSHA, Office of
Communications, Room N–3647, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone: (202) 693–1999; e-mail
chatmon.veneta@dol.gov.
Instructions: All submissions must
include the Agency name and docket
number for this Federal Register notice
(Docket No. OSHA–2011–0007).
Because of security-related procedures,
submissions by regular mail may result
in a significant delay in receipt. Please
contact the OSHA Docket Office for
information about security procedures
for making submissions by hand
delivery, express delivery, messenger, or
courier service.
Written statements and requests to
speak, including personal information
provided, will be placed in the public
docket and may be available online.
Therefore, OSHA cautions interested
parties about submitting personal
information such as Social Security
numbers and birthdates.
Docket: To read or download
documents in the public docket for this
MACOSH meeting, go to https://
www.regulations.gov. All documents in
the public docket are listed in the index;
however, some documents (e.g.,
copyrighted material) are not publicly
available to read or download through
https://www.regulations.gov. All
submissions are available for inspection
and, where permitted, copying at the
OSHA Docket Office at the address
above. For information on using https://
www.regulations.gov to make
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
submissions or to access the docket,
click on the ‘‘Help’’ tab at the top of the
Home page. Contact the OSHA Docket
Office for information about materials
not available through that Web site and
for assistance in using the Internet to
locate submissions and other documents
in the docket. Electronic copies of this
Federal Register notice are available at
https://www.regulations.gov. This notice,
as well as news releases and other
relevant information, is also available
on the OSHA Web page at https://
www.osha.gov.
For
press inquiries: Frank Meilinger,
OSHA’s Office of Communications, U.S.
Department of Labor, Room N–3647,
200 Constitution Avenue, NW.,
Washington, DC 20210; telephone:(202)
693–1999.
For general information about
MACOSH and this meeting: Mr. Joseph
V. Daddura, Director of the Office of
Maritime Standards and Guidance,
OSHA, U.S. Department of Labor, Room
N–3609, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone: (202)
693–2080; e-mail
Daddura.Joseph@dol.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
All MACOSH Committee and
workgroup meetings are open to the
public. All interested persons are
invited to attend the full MACOSH
Committee and its workgroup meetings
at the time and place listed above. The
tentative agenda will include
discussions on: person in water (man
overboard); cargo-handling equipment;
confined space ventilation; selection of
welding-shade protection; safe entry
and cleaning practices in vessel sewage
tanks; best practices for eye injury
reduction; toxic materials; and injury
and illness prevention programs.
The workgroups will meet from 9 a.m.
until 5 p.m. on September 20, 2011
(rooms to be determined upon arrival).
The workgroups will discuss topics on
which they may focus for the duration
of the current Committee charter. The
full MACOSH Committee will meet
September 21, 2011 (room to be
determined upon arrival).
Public Participation: Interested parties
may submit a request to make an oral
presentation to MACOSH by any one of
the methods listed in the ADDRESSES
section above. The request must state
the amount of time requested to speak,
the interest represented (e.g.,
organization name), if any, and a brief
outline of the presentation. Requests to
address MACOSH may be granted as
time permits and at the discretion of the
MACOSH Chair.
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]]>Agencies
[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Notices]
[Pages 54802-54806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22489]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
-----------------------------------------------------------------------
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 submitted to the Mine Safety and Health
Administration (MSHA) by the parties listed below to modify the
application of existing mandatory safety standards codified in Title 30
of the Code of Federal Regulations.
DATES: All comments on the petitions must be received by the Office of
Standards, Regulations and Variances on or before October 3, 2011.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Electronic Mail: zzMSHA-comments@dol.gov. Include the docket
number of the petition in the subject line of the message.
2. Facsimile: 202-693-9441.
3. Regular Mail: MSHA, Office of Standards, Regulations and
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939, Attention: Roslyn B. Fontaine, Acting Director, Office of
Standards, Regulations and Variances.
[[Page 54803]]
4. Hand-Delivery or Courier: MSHA, Office of Standards, Regulations
and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia
22209-3939, Attention: Roslyn B. Fontaine, Acting 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's 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),
barron.barbara@dol.gov (E-mail), or 202-693-9441 (Facsimile). [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 Numbers: M-2011-024-C, M-2011-025-C, and M-2011-026-C.
Petitioner: Amfire Mining Company, LLC, One Energy Place, Latrobe,
Pennsylvania 15650. .
Mines: Ondo Mine, MSHA Mine I.D. No. 36-09005, located in Indiana
County, Pennsylvania; Dora 8 Mine, MSHA I.D. No. 36-08704, located in
Jefferson County, Pennsylvania; and Madison Mine, MSHA I.D. No. 36-
09127, located in Cambria County, Pennsylvania.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance) and 30 CFR 18.35(a)(5)(i) (Portable (trailing)
cables and cords).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of extended trailing cables on the
Mobile Bridge Conveyors, Dual Boom Roof Bolters, Continuous Miners, and
Shuttle Cars. The petitioner states that these petitions will apply to:
(1) Trailing cables that supply 995-Volt 3-Phase AC Current to
Continuous Miners and Mobile Bridge Conveyors. Cable will have a 90
degree insulation rating; and (2) trailing cables that supply 480-Volt
3-Phase AC Current to Roof Bolters and Shuttle Cars. Additionally, the
petitioner states that: (1) Extended length Trailing Cables used on
Shuttle Cars and Roof Bolters will be 3-Conductor Round Cable, Type G-
GC, Type G or Type G & GC. When a Type G-GC or Type G & GC Round Cable
is used with wireless ground wire monitoring, the Ground Check
Conductor will be connected as a Ground Conductor; (2) the maximum
cable length of the Miner, Mobile Bridge Conveyors, Roof Bolters and
Shuttle Cars will not exceed 1,000 feet. The trailing cable for the
Miner will not be smaller than 2/0 American Wire Gauge (AWG).
The trailing cable for the Roof Bolter and Shuttle Car will not be
smaller than a 4 AWG, and the trailing cable for the Haulage
unit will not be smaller than 2 AWG; (3) all circuit breakers
used to protect the 4 AWG trailing cables exceeding the 600
feet in length will have Instantaneous Trip Units calibrated to trip at
500 amperes (Amps). The trip settings of these breakers will either be
sealed or the breaker trip units will not be larger than 500 Amps.
These circuit breakers will have permanent legible labels attached. The
label will identify the circuit breaker as being suitable for
protecting 4 AWG cables; (4) replacement breakers and/or
Instantaneous Trip Units used to protect 4 AWG Cables will be
calibrated to trip at 500 Amps and this setting will be sealed or Trip
Units will not be larger than 500 Amps; (5) all circuit breakers used
to protect 2 AWG cables exceeding 700 feet in length will have
instantaneous trip units calibrated to trip at 800 Amps. The trip
settings of these circuit breakers will be sealed and these circuit
breakers will have permanent legible labels. The label will identify
the circuit breaker as being suitable for protecting 2 AWG
cables; (6) replacement circuit breakers and/or instantaneous trip
units used to protect 2 AWG trailing cables will be calibrated
to trip at 800 Amps and this setting will be sealed; (7) all circuit
breakers used to protect 2/0 AWG trailing cables exceeding 850
feet in length will have instantaneous trip units calibrated to trip at
1500 Amps. The trip setting of these circuit breakers will be sealed or
the maximum available setting on the trip units will not be greater
than 1500 Amps. These circuit breakers will have permanent legible
labels. The label will identify the circuit breaker as being suitable
for protecting 2/0 AWG cables; (8) replacement breakers and/or
instantaneous trip units used to protect 2/0 AWG trailing
cables will be calibrated to trip at 1500 Amps and this setting will be
sealed or the maximum size of the trip unit will be 1500 Amps; (9) all
components that provide short circuit protection will have a sufficient
interruption rating in accordance with the maximum calculated fault
currents available; (10) during each production day, persons designated
by the operator will visually examine the trailing cables to ensure the
cables are in safe operating condition and that the instantaneous
settings of the specially calibrated breakers do not have seals removed
or tampered with and they do not exceed 500, 800 or 1500 Amps
respectively; (11) any trailing cable that is not in a safe operating
condition will be removed from service immediately and repaired or
replaced; (12) each splice or repair in the trailing cables to the
Miner, Mobile Bridge Conveyor, Roof Bolter or Shuttle Car will be made
in a workmanlike manner and in accordance with the instructions of the
manufacturer of the splice or repair materials. The splice or repair
will comply with 30 CFR 75.603 and 75.604; (13) permanent warning
labels will be installed and maintained on the cover or covers of the
power center identifying the location of each sealed short circuit
protective drive. These labels will warn miners not to change or alter
these sealed short circuit settings; (14) in the event the mining
methods or operating procedures cause or contribute to the damage of
any trailing cable, the cable will be removed from service immediately
and repaired or replaced. Additional precautions will be taken to
ensure that haulage roads and trailing cable storage areas are situated
to minimize contact of the trailing cable with the Continuous Miner,
Mobile Bridge Conveyor, Shuttles Cars and Roof Bolters. Trailing
cables, anchors or cable reel equipment will be of the permanent type
that minimizes the tensile forces on the trailing cables; (15) where
the method of mining would require that trailing cables cross roadways
or haulage ways, the cables will be securely supported from the mine
roof or a substantial bridge for equipment to pass over the cables will
be provided and used; (16) excess cable will be
[[Page 54804]]
stored behind the anchor or anchors on equipment that use cable reels
to prevent the cables from overheating; (17) this change will not be
implemented until this petition for modification is approved and all
miners who will be responsible for examining the cables and associated
electrical components have been trained on the contents and precautions
included in the petition; and (18) proposed revisions for the approved
Part 48 training plan will specify task training and will be submitted
to the District Manager for the areas for which the mines are located.
The training will include: (a) The hazards of setting the short circuit
interrupting device or devices too high to adequately protect the
trailing cables; (b) how to verify that the circuit interrupting
devices protecting the trailing cables are properly set and maintained;
(c) mining methods and operating procedures that will protect the
trailing cables from damage; (d) how to protect the trailing cables
against damage caused by overheating cables due to excessive cable
stored on reels and adjusting stored cable behind cable anchors as
tramming distances change; and (e) proper procedures for examining the
trailing cable to ensure the cables are in safe operating condition by
a visual inspection of the entire cable, observing the insulation, the
integrity of splices, and nicks and abrasions. The petitioner further
states that if regulations are subsequently promulgated that supersede
the requirements of 30 CFR 75.503 and 18.35(a)(5)(i), the revised
standard will be applied at the mine unless it is determined by the
Secretary or his representative that the alternative method contained
in the petition will at all times guarantee no less than the same
measure of protection afforded the subsequent revised standard. The
petitioner asserts that the proposed alternative method will provide
for a level of safety equal to or greater than the statute in place.
Docket Number: M-2011-027-C.
Petitioner: Midland Trail Energy, LLC, 3301 Point Lick Drive,
Charleston, West Virginia 25306.
Mine: Blue Creek No. 1 Deep Mine, MSHA Mine I.D. No. 46-09297,
located in Kanawha 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 plug and subsequently encroach within the 300-foot
safety barrier, as dictated in the statute, up to and including mining
through the gas and/or oil well. The petitioner proposes to use the
following procedures for plugging oil and gas wells: (1) A safety
barrier of 300 feet in diameter (150 feet in radius from the center of
the well casing on the surface) will be maintained around all oil and
gas wells until written approval to proceed within this barrier has
been obtained from the District Manager (DM). The petitioner will make
clear in each application to mine within the safety barrier whether the
well has been plugged or not as well as whether or not the mining
process intends to intercept the well. This plugging process will be
utilized when encroachment on a well is greater than would normally be
approved by the DM. (2) A diligent effort will be made to clean the
wellbore to the original total depth. If this depth cannot be reached,
the borehole will be cleaned out to a depth that would permit the
placement of at least 200 feet of expanding cement below the base of
the lowest mineable coal bed. A mineable coal bed is defined as having
a thickness of at least 24 inches of coal. During the clean out
process, a diligent effort will be made to remove as much extraneous
material such as sediment, rust, trash, and hydrocarbon residue as
practical. With respect to the outer walls of the wellbore, directing
high pressure water jets at such will satisfy this requirement. (3)
When cleaning out the borehole, a diligent effort will be made to
remove all casing within the borehole. If it is not possible to remove
all casing, the remaining casing will be perforated or ripped in such a
manner and at such intervals as to permit expanding cement slurry to
infiltrate the annulus between the casing and the wellbore wall for a
distance of at least 200 feet below the base of the lowest mineable
coal seam. From 10 feet below to 10 feet above the lowest mineable coal
seam, any casing that remains in the borehole will be continuously
perforated or ripped. A continuous perforation will be defined as a
minimum of 4 shots at intervals no greater than 12 inches apart.
Excluding the zone within the proximity of the lowest mineable coal
seam, any casing that remains will be perforated or ripped at intervals
not to exceed 50 feet from at least 200 feet below the lowest mineable
coal seam to not less than 100 feet above the highest coal seam or the
surface, whichever is less. When remaining casing is perforated, a
minimum of 4 shots will be detonated at each location. Where ripping is
performed, a minimum of one 3-foot long rip will be made at each
location. As an alternative, a casing bonding log may be performed to
demonstrate that all annuli are adequately sealed with cement to a
depth of at least 200 feet below the lowest mineable coal seam. If the
casing bonding log does not continue to the original total depth of the
wellbore, the casing will be continuously perforated for a distance of
at least 20 feet beginning at the deepest point of the casing bonding
log and continuing towards the surface. Wherein multiple casing and
tubing strings exist within a wellbore, each string will be perforated
or ripped or, as an alternative, have an acceptable casing bonding log
performed demonstrating each annulus within the borehole has been
adequately sealed with cement. (4) A suite of logs, including
geophysical, caliper, and directional deviation survey, will be
performed on the borehole to a depth not less than was attainable
during the cleanout process. These logs will be suitable for
determining the top and bottom elevations of mineable coal seams as
well as potential hydrocarbon producing stratum. These logs may be
completed before or after the removal of the casing based on the
condition of the wellbore prior to the removal of the casing and the
anticipated condition of the wellbore after removal provided the
geophysical instrumentation used can accurately detect the
aforementioned stratum through the casing. The information gained from
these logs will be used to determine the location for placement of the
mechanical bridge plug or its alternative. (5) Pursuant to the cleanout
of the well, a mechanical bridge plug will be installed in the borehole
at a depth of not less than 200 feet below the base of the lowest
mineable coal seam. The plug will be set in competent stratum and above
the top of the uppermost hydrocarbon-producing stratum. Wherein casing
remains in the well, the plug will be installed in a section of
competent casing that has not been perforated or ripped. If it is not
possible to set a mechanical bridge plug, a packer or substantial brush
plug may be used in place of the mechanical bridge plug. (6) If the top
of the uppermost hydrocarbon-producing stratum is within 200 feet of
the base of the lowest mineable coal seam, an initial mechanical bridge
plug or alternative will be placed at a depth of no less than 200 feet
below the base of the lowest mineable coal seam. The borehole will then
be filled with an expanding cement plug to the top of the uppermost
hydrocarbon-producing stratum wherein a second mechanical bridge plug
or alternative will be installed. The remaining portion of the borehole
from the top of the second mechanical bridge plug to the base of the
lowest mineable
[[Page 54805]]
coal seam will then be filled with expanding cement. No less than 200
feet of expanding cement will be placed in the borehole below the
lowest mineable coal seam. (7) The wellbore will be completely filled
and circulated with a gel that inhibits the flow of gas, supports the
walls of the borehole, and increases the density of the expanding
cement. This gel will be pumped through tubing that extends to within
20 feet above the bottom of the cleaned out area of the bridge plug.
(8) An expanding cement plug will be set in the wellbore by pumping
expanding cement slurry down the tubing such that it displaces the gel
towards the surface. This expanding cement plug will extend from a
minimum of 200 feet below the lowest mineable coal seam to at least 100
feet above the lowest mineable coal seam. From 100 feet above the
lowest mineable coal seam to the surface, the borehole may be filled
with either expanding cement slurry, Portland cement, or a Portland
cement-fly ash mixture. When Portland cement or a Portland cement-fly
ash mixture is substituted for the portion of the borehole between 100
feet above the lowest mineable coal seam and the surface, the expanding
cement plug will be allowed to cure for at least 24 hours prior to
placement of the alternative above it to the surface. (9) Upon plugging
the well to the surface, a small quantity of steel turnings or other
magnetic particles will be embedded in the cement to serve as a
permanent magnetic monument. Other identification methods may be used
provided that relocation of the well by magnetic methods is not
compromised. (10) A diligent effort will be made to provide at least 14
days written notice to the DM, the appropriate State agency, and where
applicable, the miners' representative, of the petitioner's intent to
mine within the safety barrier at a distance less than would normally
be approved by the DM under the existing standard or to mine through a
plugged well. When events happen that may affect the mining process, a
minimum of 48 hours of written notice will be provided by the
petitioner so that each party will have the opportunity to have a
representative present. (11) A representative of the operator, a
representative of the miners (where applicable), the appropriate State
agency, or the DM or designee may request that a conference be
conducted prior to mining through any plugged well. (12) Mining through
a plugged well will be done on a shift approved by the DM or designee.
(13) Drivage sights or ``spads'' will be installed no greater than 50
feet from the projected intersection of the well. The section foreman
and continuous miner operator will be provided a map at a scale no
greater than 1 inch = 50 feet indicating the proximity of the well at
the coal seam elevation with respect to the projected workings. (14) A
continuous centerline will be painted on the mine roof extending from
the drivage sights to the face prior to mining within 50 feet of a
plugged well. This centerline will be maintained in all entries and
crosscuts within 50 feet of the well until the well has been
intersected or mining is no longer occurring within 50 feet of the
plugged well, whichever comes first. (15) Prior to mining within 50
feet of a plugged well, the active section will be thoroughly rock-
dusted such that at least 80 percent incombustible material is
achieved. This will be maintained within 20 feet of the active face and
reestablished after each cut has been taken until the well has been
intercepted or mining is no longer occurring within 50 feet of the
well. The active working place will be kept free from accumulations of
coal dust and coal spillage until mining within this zone has been
completed or the well has been mined through. (16) A minimum of two 20-
pound fire extinguishers and 240 pounds of rock dust will be maintained
in the area of mining when mining within 50 feet of a plugged well. An
independent fire hose sufficient in length to reach the working face
will be maintained in the last open crosscut or room. All fire hoses
will be connected to a water supply and fully charged and ready for
operation. (17) Sufficient supplies of roof support and ventilation
materials will be available and located in the last open crosscut or
room. At least two emergency plugs and two 100-ton or greater roof
jacks conforming to the seam height will be made available in the
immediate area of mining. (18) When mining within 50 feet of a plugged
well and during the mine-through of a well, at least 9,000 cubic feet
of air per minute or as required by the approved mine ventilation plan,
whichever is greater, will be delivered to the working place. (19) All
equipment operated within 50 feet of a plugged well, including mining
through a well, will be checked for permissibility and serviced on the
shift prior to operating within the 50-foot zone. Methane detectors on
continuous mining machines operating within the 50-foot radius of a
plugged well will be calibrated on the shift prior to operating in this
zone. (20) When mining within 50 feet of a well, tests for methane will
be made at least every 10 minutes while continuous mining and roof
bolting activities are being conducted. These tests for methane will be
made prior to the start of any continuous mining or roof bolting
activity within this zone until the mine-through is complete or
continuous mining and/or roof bolting activity is being performed
greater than 50 feet from the well. (21) When the wellbore has been
intercepted, all equipment in the working place will be deenergized and
the place thoroughly examined and determined safe before mining is
resumed. If it is determined that the working place is safe and casing
is present, equipment will be reenergized so that the working face can
be squared up sufficient to facilitate bolting of the roof as close as
possible to the wellbore without disturbing the casing. Subsequent to
roof bolting, temporary brattice will be installed so that sufficient
airflow is moving across the casing. All well casing in the mined
cavity will be removed and no open flame will be permitted in the
working place until the temporary brattice and sufficient ventilation
have been established. (22) After the borehole has been intercepted,
the working area has been determined safe, and, where applicable,
casing has been removed, mining may continue inby the well at a
distance sufficient to permit adequate ventilation around the area of
the wellbore. (23) When mining within 50 feet of a plugged well or
during a mine-through, no persons except those actively engaged in the
operation, company personnel, representatives of the miners (where
applicable), MSHA personnel, and personnel from the appropriate State
agency will be permitted in the active mining area. (24) All operations
conducted within 50 feet of a plugged well, including the mine-through
process itself, will be conducted under the supervision of a certified
official. Instructions issued during mining operations in this zone
will be issued only by the certified official. (25) A plugging
affidavit will be filed with MSHA and where applicable, the appropriate
State agency. The affidavit will detail the persons who participated in
the plugging of the well, a description of the plugging work including
the methods and materials used, and a certification by a Professional
Engineer that the well has been plugged. The petitioner further states
that within 60 days of this plan being approved, proposed revisions to
its Part 48 training plan will be submitted to the DM. The proposed
revisions will detail initial and annual refresher training regarding
the details of this plan. In addition, the petitioner
[[Page 54806]]
asserts that the proposed alternative method will provide no less than
the degree of safety than would be afforded the miners under the
existing standard.
Dated: August 29, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011-22489 Filed 9-1-11; 8:45 am]
BILLING CODE 4510-43-P
