Petitions for Modification of Application of Existing Mandatory Safety Standards, 54802-54806 [2011-22489]

Download as PDF 54802 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. erowe on DSK5CLS3C1PROD with NOTICES 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, VerDate Mar<15>2010 15:37 Sep 01, 2011 Jkt 223001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 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: E:\FR\FM\02SEN1.SGM 02SEN1 Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Notices 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. erowe on DSK5CLS3C1PROD with NOTICES 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). VerDate Mar<15>2010 15:37 Sep 01, 2011 Jkt 223001 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 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 54803 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 E:\FR\FM\02SEN1.SGM 02SEN1 erowe on DSK5CLS3C1PROD with NOTICES 54804 Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Notices 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 VerDate Mar<15>2010 15:37 Sep 01, 2011 Jkt 223001 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 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 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 E:\FR\FM\02SEN1.SGM 02SEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Notices 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 VerDate Mar<15>2010 15:37 Sep 01, 2011 Jkt 223001 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 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 54805 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 E:\FR\FM\02SEN1.SGM 02SEN1 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. http:// 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 http:// 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 http:// 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 http://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 http:// 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 http://www.regulations.gov. This notice, as well as news releases and other relevant information, is also available on the OSHA Web page at http:// 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. E:\FR\FM\02SEN1.SGM 02SEN1

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