Petitions for Modification of Application of Existing Mandatory Safety Standards, 14426-14430 [2012-5712]
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Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Notices
to expire on April 30, 2012; however, it
should be noted that existing
information collection requirements
submitted to the OMB receive a monthto-month extension while they undergo
review. Any changes would only
become effective upon OMB approval.
For additional information, see the
related notice published in the Federal
Register on November 16, 2011 (76 FR
71073).
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
section within 30 days of publication of
this notice in the Federal Register. In
order to help ensure appropriate
consideration, comments should
reference OMB Control Number 1220–
0164. The OMB is particularly
interested in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: Bureau of Labor Statistics.
Title of Collection: National
Compensation Survey.
OMB Control Number: 1220–0164.
Affected Public: Private sector—
Businesses and Other For-Profits and
Not-For-Profit Institutions; State, Local,
and Tribal Governments.
Total Estimated Number of
Respondents: 12,539.
Total Estimated Number of
Responses: 38,813.
Total Estimated Annual Burden
Hours: 36,930.
Total Estimated Annual Other Costs
Burden: $0.
Dated: March 5, 2012.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2012–5745 Filed 3–8–12; 8:45 am]
BILLING CODE 4510–24–P
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Avenue NW., Room N–4716,
Washington, DC 20210; Telephone:
202–693–3322.
DEPARTMENT OF LABOR
Employment and Training
Administration
Notice of Availability of Funds and
Solicitation for Grant Applications for
Senior Community Service
Employment Program National Grants
for Program Year 2012
Employment and Training
Administration, Labor.
ACTION: Solicitation for Grant
Applications (SGA). Funding
Opportunity Number: SGA/DFA PY–
11–04.
AGENCY:
The Employment and
Training Administration (ETA), U.S.
Department of Labor announces a grant
competition for national grantees
funded under the Senior Community
Service Employment Program (SCSEP)
authorized under title V of the Older
Americans Act (OAA) as amended in
2006, Public Law 109–365.
Approximately $346,000,000 in grant
funds will be available for national
grantees.
SCSEP grant funds are awarded to
states and territories, and to
competitively-chosen national grantees.
This funding opportunity is for national
grantees. SCSEP is the only Federallysponsored employment and training
program targeted specifically to
unemployed low-income older
individuals who want to enter or reenter the workforce. Program
participants receive work experience at
local public or non-profit agencies and
are paid the higher of the Federal, State,
or local minimum wage, or the
prevailing wage for similar employment,
for approximately 20 hours per week
while in community service and other
job training (OAA Amendments
§ 502(b)(1)(J); 20 CFR 641.565(a)). The
dual goals of the program are to promote
useful opportunities in community
service job training and to move SCSEP
participants into unsubsidized
employment, where appropriate.
The complete SGA and any
subsequent SGA amendments, in
connection with this solicitation are
described in further detail on ETA’s
Web site at https://www.doleta.gov/
grants/ or on https://www.grants.gov. The
Web sites provide application
information, eligibility requirements,
review and selection procedures and
other program requirements governing
this solicitation.
DATES: The closing date for receipt of
applications is May 10, 2012.
FOR FURTHER INFORMATION CONTACT:
Jeannette Flowers, 200 Constitution
SUMMARY:
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Signed March 5, 2012 in Washington, DC
by.
B. Jai Johnson,
Grant Officer, Employment and Training
Administration.
[FR Doc. 2012–5685 Filed 3–8–12; 8:45 a.m.]
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 April 9, 2012.
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.
4. Hand-Delivery or Courier: MSHA,
Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia 22209–
3939. 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.
MSHA will consider only comments
postmarked by the U.S. Postal Service or
SUMMARY:
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proof of delivery from another delivery
service such as UPS or Federal Express
on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT:
Barbara Barron, Office of Standards,
Regulations, and Variances at 202–693–
9447 (Voice), barron.barbara@dol.gov
(Email), or 202–693–9441 (Facsimile).
[These are not toll-free numbers].
SUPPLEMENTARY INFORMATION:
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I. Background
Section 101(c) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act) allows the mine operator or
representative of miners to file a
petition to modify the application of any
mandatory safety standard to a coal or
other mine if the Secretary of Labor
determines that:
(1) An alternative method of
achieving the result of such standard
exists which will at all times guarantee
no less than the same measure of
protection afforded the miners of such
mine by such standard; or
(2) 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 Number: M–2011–015–M.
Petitioner: Swenson Granite
Company, LLC, 369 North State Street,
Concord, New Hampshire 03301.
Mine: Swenson Granite gray Quarry,
MSHA I.D. No. 27–00083, 369 North
State Street, Concord, New Hampshire
03301, located in Merrimack County,
New Hampshire.
Regulation Affected: 30 CFR 56.19090
(Dual signaling system).
Modification Request: The petitioner
requests a variance from the existing
standard at the Concord, New
Hampshire, site for their Pellegrini
stiffleg derrick used for hoisting
personnel. The petitioner states that:
(1) The Swenson Granite Gray Quarry
is an open dimensional granite quarry
operating fixed stiffleg derricks to lift
stone and equipment. Personnel
hoisting will be done as has been for
many years before with equipment that
has since been replaced by a newer
stiffleg derrick.
(2) The derrick reaches all areas of the
quarry floor and walls and the operator
has full view of the hook and load.
(3) The derrick operator relies on a
constant view of the hook and load and
the operation is stopped until
conditions improve to 100 percent
visibility.
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(4) Hoisting personnel would require
the personnel to be placed at many
different locations on the quarry floor.
The standard 30 CFR 56.19090 requires
at least two effective approved methods
of signaling as a means of
communication between the hoist room
and the shaft stations. The petitioner
notes that it appears that nothing
follows the man box or skip
physically—the standard requires either
a telephone or speaking tube at each
station.
(5) The petitioner will provide the
same level of safety in communication
for the two methods through use of the
company’s VHF radios and primary
method of communication, hand
signals. The petitioner will forego
personnel hoisting if the hoist operator/
signalman cannot see the bottom of the
quarry, the same as they halt lifting
operations of the granite product if it
can not be seen.
(6) The quarry employees direct all
derrick moves and positioning
exclusively by the use of hand signals,
a method used for many years without
incident. Hoist equipment or stone
could not be safely moved if visibility
was lost and as in many years past,
would not lift personnel if the personnel
or the bottom of the quarry could not be
seen.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection allowed by the
existing standard by using the primary
and proven means of communication,
hand signals, and the back up, VHF
radios while lifting personnel.
Docket Number: M–2011–016–M.
Petitioner: Swenson Granite
Company, LLC, 369 North State Street,
Concord, New Hampshire 03301.
Mine: Swenson Granite gray Quarry,
MSHA I.D. No. 27–00083, 369 North
State Street, Concord, New Hampshire
03301, located in Merrimack County,
New Hampshire.
Regulation Affected: 30 CFR 56.19009
(position indicators).
Modification Request: The petitioner
requests a variance for the existing
standard at the Concord, New
Hampshire, site for the Pellegrini stiffleg
derrick used for hoisting personnel. The
petitioner states that:
(1) The Swenson Granite Gray Quarry
is an open dimensional granite quarry
operating fixed stiffleg derricks to lift
stone and equipment. Personnel
hoisting will be done as have been for
many years before with equipment that
has since been replaced by a newer
stiffleg derrick.
(2) The petitioner notes that this
standard, requiring that an accurate and
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reliable indicator of the position of cage,
skip, bucket or cars in the shaft be
provided, also applies to underground
mines where there may not be visual
contact at all, and safety and position
indicators rely on limit switches and
proximity devices. The petitioner
asserts that the derrick operator has a
full view of the hook and load at all
times.
(3) The quarry floor is not flat and
personnel would need to be set down in
many different locations. The quarry
maintains high walls and inspects for
loose material on a regular basis.
(4) The petitioner would rely 100
percent on the hand signal system to
swing lower and stop movement of the
man-box at the exclusive direction of
the hand signal from the miner in the
man-box.
(5) With no fixed location for stopping
while lifting men, as changes in the
quarry floor are always occurring, a
fixed stopping with redundant switches
and stops is not practical for the
operation. With a fixed stopping
location redundant switches and stops
would allow for positive bottom limit
protection.
(6) The petitioner’s reliance on
signaling by hand provides a minimum
of two sets of eyes watching the
movement and directing the man box.
(7) The petitioner states that all
persons involved in signaling while
hoisting personnel understand that a
miner’s health and safety are dependent
on the use of clear hand signals as they
convey their requests for moving and
stopping.
The petitioner asserts that the system
of hand signals to direct the derrick
would at all times guarantee no less
than the same measure of protection
afforded by the existing standard.
Docket Numbers: M–2012–001–C and
M–2012–002–C.
Petitioner: Arch Coal, Inc., Wolf Run
Mining Company, 99 Edmiston Way,
Buckhannon, West Virginia 26201.
Mines: Imperial Mine, MSHA I.D. No.
46–09115, Route 9, Box 576, Grassy Run
Road Buckhannon, West Virginia 26201,
located in Upshur County, West
Virginia; Sentinel Mine, MSHA I.D. No.
46–04168, Route 3, Box 146, Philippi,
West Virginia 26416, located in Barbour
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 permit plugging and
replugging of gas and oil wells, and
mining through or intersecting certain
oil and gas wells within the projected
workings of the Imperial Mine and
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Sentinel Mine after plugging or
replugging.
The petitioner proposes to use the
following procedures for cleaning out
and preparing vertical oil and gas wells
prior to plugging or replugging:
(1) Completely clean out the well
from the surface to at least 200 feet
below the base of the lowest mineable
coal seam, unless MSHA requires
cleaning to a greater depth. All material
will be removed from the entire
diameter of the well, wall to wall.
(2) Prepare down-hole logs for each
well that will consist of a caliper survey
and log(s) suitable for determining the
top, bottom, and thickness of all coal
seams and potential hydrocarbonproducing strata and the location for a
bridge plug. In addition, a journal will
be maintained describing the depth and
nature of each material encountered, bit
size and type used to drill each portion
of the hole, length and type of each
material used to plug the well, length of
casing(s) removed, perforated, ripped or
left in place, any sections where casing
was cut or milled, and other pertinent
information concerning cleaning and
sealing the well. Invoices, work orders,
and other records relating to all work on
the well will be maintained as part of
the journal and provided to MSHA upon
request.
(3) When cleaning out the well, the
petitioner will make a diligent effort to
remove all of the casing in the well. If
the casing cannot be removed,
appropriate steps will be taken to ensure
that the annulus between the casings
and the casings and the well walls are
filled with expanding cement
(minimum of 0.5 percent expansion
upon setting) and contain no voids. If
the casing cannot be removed, it will be
cut or milled at all mineable coal seam
levels and any remaining casing will be
perforated or ripped. Perforations or rips
will be at least every 50 feet from 200
feet below the base of the lowest
mineable coal seam up to 100 feet above
the uppermost mineable coal seam.
When multiple casing and tubing strings
are present in the coal horizon(s), any
casing that remains will be ripped or
perforated and filled with expanding
cement. An acceptable casing bond log
for each casing and tubing string, if
used, is in lieu of ripping or perforating
multiple strings.
(4) If the completely cleaned-out well
emits excessive amounts of gas, a
mechanical bridge plug will be placed
in the well. The bridge plug will be
placed in a competent stratum at least
200 feet below the base of the lowest
mineable coal seam, but above the top
of the uppermost hydrocarbonproducing stratum, unless the MSHA
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requires a greater distance. If a
mechanical bridge cannot be set, an
appropriate size packer will be used.
(5) If the uppermost hydrocarbonproducing stratum is within 300 feet of
the base of the lowest mineable coal
seam, mechanical bridge plugs will be
properly placed to isolate the
hydrocarbon-producing stratum from
the expanding cement plug. A minimum
of 200 feet of expanding cement will be
placed below the lowest mineable coal
seam, unless MSHA requires a greater
distance.
The petitioner proposes to use the
following procedures for plugging and
replugging vertical oil or gas wells to the
surface:
(1) After completely cleaning out the
well, expanding cement slurry will be
pumped down the well to form a plug
that runs from at least 200 feet below
the base of the lowest mineable coal
seam to the surface, or lower if required
by MSHA. The expanding cement will
be placed in the well under a pressure
of at least 200 pounds per square inch
(psi). Portland cement or lightweight
cement mixture will be used to fill the
area from 100 feet above the top of the
uppermost mineable coal seam to the
surface, or higher if required by MSHA.
(2) Steel turnings or other small
magnetic particles will be embedded in
the top of the cement near the surface
to serve as a permanent magnetic
monument of the well. In the
alternative, a 41⁄2-inch or larger casing,
set in cement, will extend at least 36
inches above the ground level with the
API well number engraved or welded on
the casing. When the hole cannot be
marked with a physical monument (i.e.,
prime farmland), high-resolution GPS
coordinates (half-meter resolution) will
be required.
The petitioner proposes to use the
following procedures for plugging or
replugging oil and gas wells for use as
degasification boreholes:
(1) After completely cleaning out the
well, a cement plug will be set in the
well by pumping expanding cement
slurry down the tubing to provide at
least 200 feet of expanding cement
below the lowest mineable coal seam
unless MSHA requires a greater depth.
The expanding cement will be placed in
the well under a pressure of at least 200
psi. The top of the expanding cement
will extend at least 30 feet above the top
of the coal seam being mined unless
MSHA requires a greater distance.
(2) A suitable casing will be securely
grouted into the bedrock of the upper
portion of the degasification well to
protect it. The remainder of this well
may be cased or uncased.
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(3) The top of the degasification
casing will be fitted with a wellhead,
equipped as required by MSHA in the
approved ventilation plan. Such
equipment may include check valves,
shut-in valves, sampling ports, flame
arrestor equipment, and security
fencing.
(4) Operation of the degasification
well will be addressed in the approved
ventilation plan. This may include
periodic tests of methane levels and
limits on the minimum methane
concentration that may be extracted.
(5) After the area of the coal mine
degassed by a well is sealed or the coal
mine is abandoned, the degassed holes
will be sealed as follows:
(i) A tube will be inserted to the
bottom of the drill hole or, if not
possible, to no greater than 100 feet
above the coal seam. Any blockage will
be removed to ensure that the tube can
be inserted.
(ii) A cement plug will be set in the
well by pumping Portland cement or a
lightweight cement mixture down the
tubing until the well is filled to the
surface.
(iii) Steel turnings or other small
magnetic particles will be embedded in
the top of the cement near the surface
to serve as a permanent magnetic
monument of the well. In the
alternative, a 41⁄2-inch or larger casing
set in cement will extend at least 36
inches above the ground level with the
API well number engraved or welded on
the casing.
The petitioner proposes to use the
following procedures for preparing and
plugging or replugging vertical oil and
gas wells. This will apply to all wells
that cannot be completely cleaned out
due to damage to the well caused by
subsidence, caving, or other factors:
(1) A hole will be drilled adjacent and
parallel to the well to a depth of at least
200 feet below the lowest mineable coal
seam, unless MSHA requires a greater
depth.
(2) A geophysical sensing device will
be used to locate any casing that may
remain in the well.
(3) If the well contains casing(s), the
well will be drilled into from the
parallel hole. From 10 feet below the
coal seam to 10 feet above the coal
seam, all casings will be perforated or
ripped at intervals of at least 5 feet.
Beyond this distance, at least every 50
feet from at least 200 feet below the base
of the lowest mineable coal seam up to
100 feet above the seam being mined
will be ripped or perforated, unless
MSHA requires a greater distance. The
annulus between the casings and the
casings and the well wall will be filled
with expanding cement (minimum 0.5
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percent expansion upon setting) and
contain no voids. If it can be
demonstrated to MSHA, using a casing
bond log, that all annuli in the well are
already adequately sealed with cement,
then the petitioner will not perforate or
rip the casing for the particular well or
fill these areas with cement. When
multiple casing and tubing strings are
present in the coal horizon(s), any
casing that remains will be ripped or
perforated and filled with expanding
cement. An acceptable casing bond log
for each casing and tubing string will be
needed if used in lieu of ripping or
perforating multiple strings.
(4) Where the petitioner determines
and MSHA agrees that there is
insufficient casing in the well to allow
the use of the method outlined in this
petition, a horizontal hydraulic
fracturing technique will be used to
intercept the original well. From at least
200 feet below the base of the lowest
mineable coal seam to a point at least 50
feet above the seam being mined, at
least six places will be fractured at
intervals to be agreed upon by the
petitioner and MSHA after considering
the geological strata and the pressure
within the well. Expanding cement will
then be pumped into the fractured well
in sufficient quantities and in a manner
that fills all intercepted voids.
(5) Down-hole logs for each well will
be prepared. The logs will consist of a
caliper survey and logs(s) suitable for
determining the top, bottom, and
thickness of all coal seams and potential
hydrocarbon-producing strata and the
location for a bridge plug. In addition,
a journal will be maintained describing
the depth of each material encountered,
the nature of each material encountered,
bit size and type used to plug the well,
length of casing(s) removed, perforated,
ripped, or left in place, any sections
where casing was cut or milled, and
other pertinent information concerning
cleaning and sealing the well. Invoices,
work-orders, and other records relating
to all work on the well will be
maintained as part of the journal and
provided to MSHA upon request.
(6) After the well has been plugged,
open portions of both holes will be
plugged from the bottom to the surface
with Portland cement or a lightweight
cement mixture. Steel turnings or other
small magnetic particles will be
embedded in the top of the cement near
the surface to serve as a permanent
magnetic monument of the well. In the
alternative, a 41⁄2-inch or larger casing
set in cement will extend at least 36
inches above the ground level.
The petitioner proposes to use the
following procedures after approval has
been granted by MSHA to mine within
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the safety barrier (50 feet from any well),
or mine through a plugged or replugged
well:
(1) The petitioner will mine through
a well on a shift approved by MSHA,
and notify MSHA in sufficient time
prior to mining through a well to
provide an opportunity to have a
representative present.
(2) When continuous mining methods
are being used, drivage sights will be
installed not more than 50 feet from the
well at the last open crosscut near the
place to be mined to ensure intersection
of the well. When longwall mining
methods are being used, drivage sights
will be installed on 10-foot centers for
a distance of 50 feet in advance of the
well. The drivage sights will be installed
in the headgate and tailgate.
(3) Fire-fighting equipment, including
fire extinguishers, rock dust, and
sufficient fire hose to reach the working
face area of the mine-through (when
either the conventional or continuous
mining method is used) will be
available and operable during all well
mine-throughs. The fire hose will be
located in the last open crosscut of the
entry or room. The water line will be
maintained to the belt-conveyor
tailpiece along with sufficient amount of
fire hose to reach the farthest point of
penetration of the section.
(4) Sufficient roof support supplies
and ventilation materials will be
available and located at the last open
crosscut. In addition, emergency plugs
and suitable sealing materials will be
available in the immediate area of the
well intersection.
(5) The ventilation plan will specify
minimum ventilation air quantities to be
maintained in the working face during
the period from when mining is within
50 feet of the well location until the
post-cut-through inspection or mining
progresses at least 50 feet past the well
location.
(6) All equipment will be serviced
and checked for permissibility on the
shift prior to mining through the well.
(7) Methane monitor(s) will be
calibrated on the continuous mining
machine or cutting machine and loading
machine on the shift prior to mining
through the well.
(8) When mining is in progress, the
petitioner will test for methane with a
hand-held methane detector at least
every 10 minutes from the time mining
with the continuous mining machine is
within 30 feet of the well until the well
is intersected and immediately prior to
mine-through. During the actual cutting
process, no individual will be allowed
on the return side until the minethrough is complete and the area has
been examined and declared safe.
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(9) When continuous or conventional
mining methods are being used, the
work area will be free from
accumulations of coal dust and coal
spillages, and rock dust will be placed
on the roof, rib, and floor to within 20
feet of the face when mining through the
well.
(10) When the well is intersected, the
petitioner will deenergize all
equipment, thoroughly examine the
equipment, and determine that the area
is safe before mining is resumed.
(11) After a well has been intersected
and the work area determined safe,
mining will continue inby the well at a
sufficient distance to permit adequate
ventilation around the area of the well.
(12) If the casing is cut or milled at
the coal seam level, the use of torches
will not be necessary. However, in rare
instances, torches may be used for
inadequately or inaccurately cut or
milled casings. No open flame will be
permitted in the area until adequate
ventilation has been established around
the wellbore and methane levels of less
than 1.0 percent are present in all areas
exposed to flames and sparks from the
torch. The petitioner will apply thick
layer of rock dust to the roof, face, floor,
ribs, and any exposed coal within 20
feet of the casing prior to any use of
torches.
(13) Non-sparking (brass) tools will be
located on the working section and will
be used to expose and examine cased
wells.
(14) No person will be permitted in
the area of the mine-through operation
except those actually engaged in the
operation, including company
personnel, representative of the miners,
personnel from MSHA, and personnel
from the appropriate State agency.
(15) All personnel in the mine will be
alerted to the planned intersection of
the well prior to going underground if
the planned intersection is to occur
during their shift. This alert will be
repeated for all shifts until the well has
been mined through.
(16) The mine-through operation will
be under the direct supervision of a
certified individual. Instructions
concerning the mine-through operation
will be issued only by the certified
individual in charge. The petitioner
states that:
(1) Within 30 days after this petition
becomes final, the petitioner will submit
proposed revisions for its approved 30
CFR part 48 training plan to the District
Manager. The revisions will include
initial and refresher training regarding
compliance with the terms and
conditions in the petition. All miners
involved in the mine-through of a well
will be trained regarding the
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Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Notices
requirements of this petition prior to
mining within 150 feet of the next well
to be mined through.
(2) The person responsible for well
intersection emergencies will review the
well intersection procedures prior to
any planned intersection.
(3) Within 30 days after this petition
becomes final, the petitioner will submit
proposed revisions for the approved
mine emergency and firefighting plan.
These plans will include the hazards
and evacuation procedures to be used
for well intersections. Within 30 days of
submittal of the revised evacuation
plan, all underground miners will be
trained on the revised plan. Persons
may review a compete description of the
petitioner’s proposed alternative
method and procedures at the MSHA
address listed in this petition.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded the
miners under the existing standard.
Dated: March 5, 2012.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2012–5712 Filed 3–8–12; 8:45 am]
BILLING CODE 4510–43–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 April 9, 2012.
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.
srobinson on DSK4SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:21 Mar 08, 2012
Jkt 226001
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.
4. Hand-Delivery or Courier: MSHA,
Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia 22209–
3939. 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.
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.
FOR FURTHER INFORMATION CONTACT:
Barbara Barron, Office of Standards,
Regulations, and Variances at 202–693–
9447 (Voice), barron.barbara@dol.gov
(Email), 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 of Labor
determines that:
(1) An alternative method of
achieving the result of such standard
exists which will at all times guarantee
no less than the same measure of
protection afforded the miners of such
mine by such standard; or
(2) 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 Number: M–2012–001–M.
Petitioner: Montana Resources, LLP,
1801 California Street, Suite 4900,
Denver, Colorado 80202.
Mine: Continental Mine, MSHA I.D.
No. 24–00338, 600 Shields Avenue,
Butte, Montana 59701–2705, located in
Silver Bow County, Montana.
Regulation Affected: 30 CFR 56.12028
(Testing grounding systems).
Modification Request: The petitioner
requests a modification of the existing
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
standard to permit the use of visual
examinations of its grounding
conductors in accordance with the
language of the Program Policy Manual
(PPM), (Volume IV, Metal and Nonmetal
Mines, Interpretation, Application, and
Guidelines on Enforcement of 30 CFR)
30 CFR 56/57.12028, Testing Grounding
Systems.
The petitioner asserts that application
of the existing standard will result in a
diminution of safety to the miners and
that the proposed alternative method
will at all times guarantee no less than
the same measure of protection afforded
the miner by the standard.
Docket Number: M–2012–008–C.
Petitioner: Arch Coal, Hazard, 1021
Tori Drive, Hazard, Kentucky 41701.
Mines: East Mac & Nellie Mine,
MSHA I.D. No. 15–18966, Rowdy Gap
Mine, MSHA I.D. No. 15–18048, and
Kentucky River Loading, MSHA I.D. No.
15–13495, located in Perry County,
Kentucky; Thunder Ridge Mine, MSHA
I.D. No. 15–17746, located in Leslie
County, Kentucky; Bearville Mine,
MSHA I.D. No. 15–19416, located in
Knott County, Kentucky.
Regulation Affected: 30 CFR
77.1607(u) (Loading and hauling
equipment; operation).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of an
AmSteel-Blue Rope or Belly Pan Nylon
Strap in lieu of a tow bar for pulling a
stuck or disabled truck for short
distances. The petitioner states that:
(1) The ropes or strap will have a
strength rate greater than the weight of
the truck to be pulled.
(2) The ropes or straps do not store
energy and, therefore, do not pose a risk
of recoil.
(3) Tow bars pose an unnecessary risk
to the miner’s safety based on the sheer
size and weight.
The petitioner asserts that the
proposed alternative method will
provide a level of safety equal to that
provided by the existing standard.
Docket Numbers: M–2012–009–C, M–
2012–012–C, and M–2012–015–C.
Petitioner: Eastern Associated Coal,
LLC, Three Gateway Center, Suite 1340,
401 Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mines: Federal No. 2 Mine, MSHA I.D.
No. 46–01456, Docket No. M–2012–
009–C, 1044 Miracle Run Road,
Fairview, West Virginia 26570, located
in Monongalia County, West Virginia;
Wharton No. 1 Mine, MSHA I.D. No.
46–05071, Docket No. M–2012–012–C
and Black Oak Mine, MSHA I.D. No.
46–09152, Docket No. M–2012–015–C,
54912 Pond Fork Road, Wharton, West
E:\FR\FM\09MRN1.SGM
09MRN1
]]>Agencies
[Federal Register Volume 77, Number 47 (Friday, March 9, 2012)]
[Notices]
[Pages 14426-14430]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5712]
-----------------------------------------------------------------------
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 April 9, 2012.
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.
4. Hand-Delivery or Courier: MSHA, Office of Standards,
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209-3939. 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.
MSHA will consider only comments postmarked by the U.S. Postal
Service or
[[Page 14427]]
proof of delivery from another delivery service such as UPS or Federal
Express on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards,
Regulations, and Variances at 202-693-9447 (Voice),
barron.barbara@dol.gov (Email), 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 of Labor determines that:
(1) An alternative method of achieving the result of such standard
exists which will at all times guarantee no less than the same measure
of protection afforded the miners of such mine by such standard; or
(2) 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 Number: M-2011-015-M.
Petitioner: Swenson Granite Company, LLC, 369 North State Street,
Concord, New Hampshire 03301.
Mine: Swenson Granite gray Quarry, MSHA I.D. No. 27-00083, 369
North State Street, Concord, New Hampshire 03301, located in Merrimack
County, New Hampshire.
Regulation Affected: 30 CFR 56.19090 (Dual signaling system).
Modification Request: The petitioner requests a variance from the
existing standard at the Concord, New Hampshire, site for their
Pellegrini stiffleg derrick used for hoisting personnel. The petitioner
states that:
(1) The Swenson Granite Gray Quarry is an open dimensional granite
quarry operating fixed stiffleg derricks to lift stone and equipment.
Personnel hoisting will be done as has been for many years before with
equipment that has since been replaced by a newer stiffleg derrick.
(2) The derrick reaches all areas of the quarry floor and walls and
the operator has full view of the hook and load.
(3) The derrick operator relies on a constant view of the hook and
load and the operation is stopped until conditions improve to 100
percent visibility.
(4) Hoisting personnel would require the personnel to be placed at
many different locations on the quarry floor. The standard 30 CFR
56.19090 requires at least two effective approved methods of signaling
as a means of communication between the hoist room and the shaft
stations. The petitioner notes that it appears that nothing follows the
man box or skip physically--the standard requires either a telephone or
speaking tube at each station.
(5) The petitioner will provide the same level of safety in
communication for the two methods through use of the company's VHF
radios and primary method of communication, hand signals. The
petitioner will forego personnel hoisting if the hoist operator/
signalman cannot see the bottom of the quarry, the same as they halt
lifting operations of the granite product if it can not be seen.
(6) The quarry employees direct all derrick moves and positioning
exclusively by the use of hand signals, a method used for many years
without incident. Hoist equipment or stone could not be safely moved if
visibility was lost and as in many years past, would not lift personnel
if the personnel or the bottom of the quarry could not be seen.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection allowed
by the existing standard by using the primary and proven means of
communication, hand signals, and the back up, VHF radios while lifting
personnel.
Docket Number: M-2011-016-M.
Petitioner: Swenson Granite Company, LLC, 369 North State Street,
Concord, New Hampshire 03301.
Mine: Swenson Granite gray Quarry, MSHA I.D. No. 27-00083, 369
North State Street, Concord, New Hampshire 03301, located in Merrimack
County, New Hampshire.
Regulation Affected: 30 CFR 56.19009 (position indicators).
Modification Request: The petitioner requests a variance for the
existing standard at the Concord, New Hampshire, site for the
Pellegrini stiffleg derrick used for hoisting personnel. The petitioner
states that:
(1) The Swenson Granite Gray Quarry is an open dimensional granite
quarry operating fixed stiffleg derricks to lift stone and equipment.
Personnel hoisting will be done as have been for many years before with
equipment that has since been replaced by a newer stiffleg derrick.
(2) The petitioner notes that this standard, requiring that an
accurate and reliable indicator of the position of cage, skip, bucket
or cars in the shaft be provided, also applies to underground mines
where there may not be visual contact at all, and safety and position
indicators rely on limit switches and proximity devices. The petitioner
asserts that the derrick operator has a full view of the hook and load
at all times.
(3) The quarry floor is not flat and personnel would need to be set
down in many different locations. The quarry maintains high walls and
inspects for loose material on a regular basis.
(4) The petitioner would rely 100 percent on the hand signal system
to swing lower and stop movement of the man-box at the exclusive
direction of the hand signal from the miner in the man-box.
(5) With no fixed location for stopping while lifting men, as
changes in the quarry floor are always occurring, a fixed stopping with
redundant switches and stops is not practical for the operation. With a
fixed stopping location redundant switches and stops would allow for
positive bottom limit protection.
(6) The petitioner's reliance on signaling by hand provides a
minimum of two sets of eyes watching the movement and directing the man
box.
(7) The petitioner states that all persons involved in signaling
while hoisting personnel understand that a miner's health and safety
are dependent on the use of clear hand signals as they convey their
requests for moving and stopping.
The petitioner asserts that the system of hand signals to direct
the derrick would at all times guarantee no less than the same measure
of protection afforded by the existing standard.
Docket Numbers: M-2012-001-C and M-2012-002-C.
Petitioner: Arch Coal, Inc., Wolf Run Mining Company, 99 Edmiston
Way, Buckhannon, West Virginia 26201.
Mines: Imperial Mine, MSHA I.D. No. 46-09115, Route 9, Box 576,
Grassy Run Road Buckhannon, West Virginia 26201, located in Upshur
County, West Virginia; Sentinel Mine, MSHA I.D. No. 46-04168, Route 3,
Box 146, Philippi, West Virginia 26416, located in Barbour 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 permit plugging and replugging of gas and oil
wells, and mining through or intersecting certain oil and gas wells
within the projected workings of the Imperial Mine and
[[Page 14428]]
Sentinel Mine after plugging or replugging.
The petitioner proposes to use the following procedures for
cleaning out and preparing vertical oil and gas wells prior to plugging
or replugging:
(1) Completely clean out the well from the surface to at least 200
feet below the base of the lowest mineable coal seam, unless MSHA
requires cleaning to a greater depth. All material will be removed from
the entire diameter of the well, wall to wall.
(2) Prepare down-hole logs for each well that will consist of a
caliper survey and log(s) suitable for determining the top, bottom, and
thickness of all coal seams and potential hydrocarbon-producing strata
and the location for a bridge plug. In addition, a journal will be
maintained describing the depth and nature of each material
encountered, bit size and type used to drill each portion of the hole,
length and type of each material used to plug the well, length of
casing(s) removed, perforated, ripped or left in place, any sections
where casing was cut or milled, and other pertinent information
concerning cleaning and sealing the well. Invoices, work orders, and
other records relating to all work on the well will be maintained as
part of the journal and provided to MSHA upon request.
(3) When cleaning out the well, the petitioner will make a diligent
effort to remove all of the casing in the well. If the casing cannot be
removed, appropriate steps will be taken to ensure that the annulus
between the casings and the casings and the well walls are filled with
expanding cement (minimum of 0.5 percent expansion upon setting) and
contain no voids. If the casing cannot be removed, it will be cut or
milled at all mineable coal seam levels and any remaining casing will
be perforated or ripped. Perforations or rips will be at least every 50
feet from 200 feet below the base of the lowest mineable coal seam up
to 100 feet above the uppermost mineable coal seam. When multiple
casing and tubing strings are present in the coal horizon(s), any
casing that remains will be ripped or perforated and filled with
expanding cement. An acceptable casing bond log for each casing and
tubing string, if used, is in lieu of ripping or perforating multiple
strings.
(4) If the completely cleaned-out well emits excessive amounts of
gas, a mechanical bridge plug will be placed in the well. The bridge
plug will be placed in a competent stratum at least 200 feet below the
base of the lowest mineable coal seam, but above the top of the
uppermost hydrocarbon-producing stratum, unless the MSHA requires a
greater distance. If a mechanical bridge cannot be set, an appropriate
size packer will be used.
(5) If the uppermost hydrocarbon-producing stratum is within 300
feet of the base of the lowest mineable coal seam, mechanical bridge
plugs will be properly placed to isolate the hydrocarbon-producing
stratum from the expanding cement plug. A minimum of 200 feet of
expanding cement will be placed below the lowest mineable coal seam,
unless MSHA requires a greater distance.
The petitioner proposes to use the following procedures for
plugging and replugging vertical oil or gas wells to the surface:
(1) After completely cleaning out the well, expanding cement slurry
will be pumped down the well to form a plug that runs from at least 200
feet below the base of the lowest mineable coal seam to the surface, or
lower if required by MSHA. The expanding cement will be placed in the
well under a pressure of at least 200 pounds per square inch (psi).
Portland cement or lightweight cement mixture will be used to fill the
area from 100 feet above the top of the uppermost mineable coal seam to
the surface, or higher if required by MSHA.
(2) Steel turnings or other small magnetic particles will be
embedded in the top of the cement near the surface to serve as a
permanent magnetic monument of the well. In the alternative, a 4\1/2\-
inch or larger casing, set in cement, will extend at least 36 inches
above the ground level with the API well number engraved or welded on
the casing. When the hole cannot be marked with a physical monument
(i.e., prime farmland), high-resolution GPS coordinates (half-meter
resolution) will be required.
The petitioner proposes to use the following procedures for
plugging or replugging oil and gas wells for use as degasification
boreholes:
(1) After completely cleaning out the well, a cement plug will be
set in the well by pumping expanding cement slurry down the tubing to
provide at least 200 feet of expanding cement below the lowest mineable
coal seam unless MSHA requires a greater depth. The expanding cement
will be placed in the well under a pressure of at least 200 psi. The
top of the expanding cement will extend at least 30 feet above the top
of the coal seam being mined unless MSHA requires a greater distance.
(2) A suitable casing will be securely grouted into the bedrock of
the upper portion of the degasification well to protect it. The
remainder of this well may be cased or uncased.
(3) The top of the degasification casing will be fitted with a
wellhead, equipped as required by MSHA in the approved ventilation
plan. Such equipment may include check valves, shut-in valves, sampling
ports, flame arrestor equipment, and security fencing.
(4) Operation of the degasification well will be addressed in the
approved ventilation plan. This may include periodic tests of methane
levels and limits on the minimum methane concentration that may be
extracted.
(5) After the area of the coal mine degassed by a well is sealed or
the coal mine is abandoned, the degassed holes will be sealed as
follows:
(i) A tube will be inserted to the bottom of the drill hole or, if
not possible, to no greater than 100 feet above the coal seam. Any
blockage will be removed to ensure that the tube can be inserted.
(ii) A cement plug will be set in the well by pumping Portland
cement or a lightweight cement mixture down the tubing until the well
is filled to the surface.
(iii) Steel turnings or other small magnetic particles will be
embedded in the top of the cement near the surface to serve as a
permanent magnetic monument of the well. In the alternative, a 4\1/2\-
inch or larger casing set in cement will extend at least 36 inches
above the ground level with the API well number engraved or welded on
the casing.
The petitioner proposes to use the following procedures for
preparing and plugging or replugging vertical oil and gas wells. This
will apply to all wells that cannot be completely cleaned out due to
damage to the well caused by subsidence, caving, or other factors:
(1) A hole will be drilled adjacent and parallel to the well to a
depth of at least 200 feet below the lowest mineable coal seam, unless
MSHA requires a greater depth.
(2) A geophysical sensing device will be used to locate any casing
that may remain in the well.
(3) If the well contains casing(s), the well will be drilled into
from the parallel hole. From 10 feet below the coal seam to 10 feet
above the coal seam, all casings will be perforated or ripped at
intervals of at least 5 feet. Beyond this distance, at least every 50
feet from at least 200 feet below the base of the lowest mineable coal
seam up to 100 feet above the seam being mined will be ripped or
perforated, unless MSHA requires a greater distance. The annulus
between the casings and the casings and the well wall will be filled
with expanding cement (minimum 0.5
[[Page 14429]]
percent expansion upon setting) and contain no voids. If it can be
demonstrated to MSHA, using a casing bond log, that all annuli in the
well are already adequately sealed with cement, then the petitioner
will not perforate or rip the casing for the particular well or fill
these areas with cement. When multiple casing and tubing strings are
present in the coal horizon(s), any casing that remains will be ripped
or perforated and filled with expanding cement. An acceptable casing
bond log for each casing and tubing string will be needed if used in
lieu of ripping or perforating multiple strings.
(4) Where the petitioner determines and MSHA agrees that there is
insufficient casing in the well to allow the use of the method outlined
in this petition, a horizontal hydraulic fracturing technique will be
used to intercept the original well. From at least 200 feet below the
base of the lowest mineable coal seam to a point at least 50 feet above
the seam being mined, at least six places will be fractured at
intervals to be agreed upon by the petitioner and MSHA after
considering the geological strata and the pressure within the well.
Expanding cement will then be pumped into the fractured well in
sufficient quantities and in a manner that fills all intercepted voids.
(5) Down-hole logs for each well will be prepared. The logs will
consist of a caliper survey and logs(s) suitable for determining the
top, bottom, and thickness of all coal seams and potential hydrocarbon-
producing strata and the location for a bridge plug. In addition, a
journal will be maintained describing the depth of each material
encountered, the nature of each material encountered, bit size and type
used to plug the well, length of casing(s) removed, perforated, ripped,
or left in place, any sections where casing was cut or milled, and
other pertinent information concerning cleaning and sealing the well.
Invoices, work-orders, and other records relating to all work on the
well will be maintained as part of the journal and provided to MSHA
upon request.
(6) After the well has been plugged, open portions of both holes
will be plugged from the bottom to the surface with Portland cement or
a lightweight cement mixture. Steel turnings or other small magnetic
particles will be embedded in the top of the cement near the surface to
serve as a permanent magnetic monument of the well. In the alternative,
a 4\1/2\-inch or larger casing set in cement will extend at least 36
inches above the ground level.
The petitioner proposes to use the following procedures after
approval has been granted by MSHA to mine within the safety barrier (50
feet from any well), or mine through a plugged or replugged well:
(1) The petitioner will mine through a well on a shift approved by
MSHA, and notify MSHA in sufficient time prior to mining through a well
to provide an opportunity to have a representative present.
(2) When continuous mining methods are being used, drivage sights
will be installed not more than 50 feet from the well at the last open
crosscut near the place to be mined to ensure intersection of the well.
When longwall mining methods are being used, drivage sights will be
installed on 10-foot centers for a distance of 50 feet in advance of
the well. The drivage sights will be installed in the headgate and
tailgate.
(3) Fire-fighting equipment, including fire extinguishers, rock
dust, and sufficient fire hose to reach the working face area of the
mine-through (when either the conventional or continuous mining method
is used) will be available and operable during all well mine-throughs.
The fire hose will be located in the last open crosscut of the entry or
room. The water line will be maintained to the belt-conveyor tailpiece
along with sufficient amount of fire hose to reach the farthest point
of penetration of the section.
(4) Sufficient roof support supplies and ventilation materials will
be available and located at the last open crosscut. In addition,
emergency plugs and suitable sealing materials will be available in the
immediate area of the well intersection.
(5) The ventilation plan will specify minimum ventilation air
quantities to be maintained in the working face during the period from
when mining is within 50 feet of the well location until the post-cut-
through inspection or mining progresses at least 50 feet past the well
location.
(6) All equipment will be serviced and checked for permissibility
on the shift prior to mining through the well.
(7) Methane monitor(s) will be calibrated on the continuous mining
machine or cutting machine and loading machine on the shift prior to
mining through the well.
(8) When mining is in progress, the petitioner will test for
methane with a hand-held methane detector at least every 10 minutes
from the time mining with the continuous mining machine is within 30
feet of the well until the well is intersected and immediately prior to
mine-through. During the actual cutting process, no individual will be
allowed on the return side until the mine-through is complete and the
area has been examined and declared safe.
(9) When continuous or conventional mining methods are being used,
the work area will be free from accumulations of coal dust and coal
spillages, and rock dust will be placed on the roof, rib, and floor to
within 20 feet of the face when mining through the well.
(10) When the well is intersected, the petitioner will deenergize
all equipment, thoroughly examine the equipment, and determine that the
area is safe before mining is resumed.
(11) After a well has been intersected and the work area determined
safe, mining will continue inby the well at a sufficient distance to
permit adequate ventilation around the area of the well.
(12) If the casing is cut or milled at the coal seam level, the use
of torches will not be necessary. However, in rare instances, torches
may be used for inadequately or inaccurately cut or milled casings. No
open flame will be permitted in the area until adequate ventilation has
been established around the wellbore and methane levels of less than
1.0 percent are present in all areas exposed to flames and sparks from
the torch. The petitioner will apply thick layer of rock dust to the
roof, face, floor, ribs, and any exposed coal within 20 feet of the
casing prior to any use of torches.
(13) Non-sparking (brass) tools will be located on the working
section and will be used to expose and examine cased wells.
(14) No person will be permitted in the area of the mine-through
operation except those actually engaged in the operation, including
company personnel, representative of the miners, personnel from MSHA,
and personnel from the appropriate State agency.
(15) All personnel in the mine will be alerted to the planned
intersection of the well prior to going underground if the planned
intersection is to occur during their shift. This alert will be
repeated for all shifts until the well has been mined through.
(16) The mine-through operation will be under the direct
supervision of a certified individual. Instructions concerning the
mine-through operation will be issued only by the certified individual
in charge. The petitioner states that:
(1) Within 30 days after this petition becomes final, the
petitioner will submit proposed revisions for its approved 30 CFR part
48 training plan to the District Manager. The revisions will include
initial and refresher training regarding compliance with the terms and
conditions in the petition. All miners involved in the mine-through of
a well will be trained regarding the
[[Page 14430]]
requirements of this petition prior to mining within 150 feet of the
next well to be mined through.
(2) The person responsible for well intersection emergencies will
review the well intersection procedures prior to any planned
intersection.
(3) Within 30 days after this petition becomes final, the
petitioner will submit proposed revisions for the approved mine
emergency and firefighting plan. These plans will include the hazards
and evacuation procedures to be used for well intersections. Within 30
days of submittal of the revised evacuation plan, all underground
miners will be trained on the revised plan. Persons may review a
compete description of the petitioner's proposed alternative method and
procedures at the MSHA address listed in this petition.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded the miners under the existing standard.
Dated: March 5, 2012.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2012-5712 Filed 3-8-12; 8:45 am]
BILLING CODE 4510-43-P
