Petitions for Modification of Application of Existing Mandatory Safety Standards, 70321-70324 [2013-28121]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Notices]
[Pages 70321-70324]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28121]


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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.

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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 December 26, 2013.

[[Page 70322]]


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 or Hand Delivery: MSHA, Office of Standards, 
Regulations and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, 
Virginia 22209-3939, Attention: George F. Triebsch, Director, Office of 
Standards, Regulations and Variances. Persons delivering documents 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-2013-050-C.
    Petitioner: Speed Mining, LLC, 1144 Market Street, P.O. Box 871, 
Wheeling, West Virginia 26003.
    Mine: American Eagle Mine, MSHA I.D. No. 46-05437, 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 permit an alternative method of compliance with 
respect to oil and gas wells.
    1. The petitioner proposes, prior to mining through any oil or gas 
well at its American Eagle Mine, to provide the District Manager (DM) a 
declaration stating that all mandatory procedures for cleaning out, 
preparing, and plugging each gas or oil well have been completed. The 
declaration will be accompanied by down-hole logs.
    2. The techniques and procedures in this petition are limited to 
oil and gas wells that have a maximum depth of 5,000 feet or less.
    a. The petitioner proposes to use the following procedures when 
cleaning out and preparing oil and gas wells prior to plugging or 
replugging:
    (1) Clean out the well from the surface to at least 200 feet below 
the base of the lowest mineable coal seam. Remove material from the 
entire diameter of the well, wall to wall, to the extent feasible and 
practicable.
    (2) Remove all of the casing in the well or, if it is not possible 
to remove all of the casing, fill the annulus between the casings and 
between the casings and the well walls with expanding cement (minimum 
0.5 percent expansion on setting) and ensure that these areas contain 
no voids. If the casing cannot be removed, cut or mill it, at all 
mineable coal seam levels, and perforate or rip it 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 uppermost mineable coal seam. When 
multiple casing and tubing strings are present in the coal horizon(s), 
perforate or rip any casing that remains and fill with expanding 
cement. Keep an acceptable casing bond log for each casing and tubing 
string used in lieu of ripping or perforating multiple strings.
    (3) Place a mechanical bridge plug in the well if a cleaned-out 
well emits excessive amounts of gas. Place the mechanical bridge plug 
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.
    (4) Prepare down-hole logs for each well. The logs will consist of 
a caliper survey and be 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, maintain a journal 
describing the length and type of each material used to plug the well; 
the length of casings removed, perforated or ripped, or left in place; 
any sections where casing was cut or milled; and other pertinent 
information concerning cleaning and sealing the well.
    (5) Properly place mechanical bridge plugs to isolate the 
hydrocarbon-producing stratum from the expanding cement plug, if the 
upper-most hydrocarbon-producing stratum is within 300 feet of the base 
of the lowest mineable coal seam. Nevertheless, place a minimum of 200 
feet of expanding cement below the lowest mineable coal seam.
    b. The petitioner proposes to use the following procedures for 
plugging or replugging oil or gas wells to the surface:
    (1) Pump expanding cement slurry 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. Place the expanding cement in the well under a 
pressure of at least 200 pounds per square inch. Portland cement or a 
lightweight cement mixture may be used to fill the area from 100 feet 
above the top of the uppermost mineable coal seam. A gel that supports 
the wall of the borehole and increases the density of the expanding 
cement may be used to provide the placement pressure.
    (2) Embed steel turnings or other small magnetic particles in the 
top of the cement near the surface to serve as a permanent magnetic 
monument of the well. In the alternative, extend a 4\1/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground level 
with the American Petroleum Institute (API) well number either engraved 
or welded on the casing. When the hole cannot be marked with a physical 
monument (e.g., prime farmland), use high-resolution GPS coordinates 
(one-half meter resolution) to locate the hole.
    c. The petitioner proposes to use the following procedures for 
plugging or replugging oil and gas wells for subsequent use as 
degasification boreholes:
    (1) Set a cement plug 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. Place the expanding cement in the 
well under a pressure of at least 200 pounds per square inch. Extend 
the top of the expanding cement at least 30 feet above the top of the 
coal seam being mined.
    (2) Securely grout a suitable casing 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) Cement the annulus between the degasification casing and the 
borehole wall from a point immediately above the

[[Page 70323]]

slots or perforations in the pipe to the surface.
    (4) Clean out the degasification casing for its total length.
    (5) Fit the top of the degasification casing with a wellhead, 
equipped as required by the DM in the approved ventilation plan. Such 
equipment may include check valves, shut-in valves, sampling ports, 
flame arrestor equipment, and security fencing.
    (6) After the area of the coal mine that is degassed by a well is 
sealed or the coal mine is abandoned, seal the degas holes using the 
following procedures:
    (i) Insert a tube to the bottom of the drill hole or, if not 
possible, to at least 100 feet above the coal seam. Remove any blockage 
to ensure that the tube is inserted to this depth.
    (ii) Set a cement plug in the well by pumping Portland cement or a 
lightweight cement mixture down the tubing until the well is filled to 
the surface.
    (iii) Embed steel turnings or other small magnetic particles in the 
top of the cement near the surface to serve as a permanent magnetic 
monument of the well. In the alternative, extend a 4\1/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground level 
with the API well number engraved or welded on the casing.
    d. The petitioner proposes to use the following procedures for 
preparing and plugging or replugging oil or gas wells that cannot be 
completely cleaned out:
    (1) Drill a hole adjacent and parallel to the well to a depth of at 
least 200 feet below the lowest mineable coal seam.
    (2) Locate any casing that may remain in the well using a 
geophysical sensing device.
    (3) If the well contains casings, drill into the well from the 
parallel hole and perforate or rip all casings at intervals of at least 
5 feet from 10 feet below the coal seam to 10 feet above the coal seam. 
Beyond that distance, perforate or rip all casings 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. Fill the annulus 
between the casings and between the casings and the well wall with 
expanding cement (minimum of 0.5% expansion on setting), and ensure 
that these areas contain no voids. When multiple casing and tubing 
strings are present in the coal horizons, rip or perforate any casing 
that remains and fill with expanding cement. Provide an acceptable 
casing bond log for each casing and tubing used in lieu of ripping or 
perforating multiple strings.
    (4) Use a horizontal hydraulic fracturing technique to intercept 
the original well where there is sufficient casing in the well to allow 
use of the method outlined in subparagraph (3) above. Fracture the 
original well in at least six places 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 intervals to be agreed on by the petitioner and 
the DM after considering the geological strata and the pressure within 
the well. Pump expanding cement into the fractured well in sufficient 
quantities and in a manner that fills all intercepted voids.
    (5) Prepare down-hole logs for each well. The logs 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 the bridge plug. Maintain a journal 
describing the length and type of each material used to plug the well; 
length of casing(s) removed, perforated, ripped, or left in place; and 
other pertinent information concerning sealing the well.
    (6) After plugging the well, plug the open portions of both holes 
from the bottom to the surface with Portland cement or a lightweight 
cement mixture.
    (7) Embed steel turnings or other small magnetic particles in the 
top of the cement near the surface to serve as a permanent magnetic 
monument of the well. In the alternative, extend a \41/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground 
level.
    e. The petitioner proposes to use the following procedures after 
approval has been granted by the DM to mine through a plugged or 
replugged well:
    (1) Prior to cutting through a plugged well, notify the DM or 
designee, representative of the miners, and the appropriate State 
agency in sufficient time for them to have a representative present.
    (2) Install drivage spads at the last open crosscut near the place 
to be mined to ensure intersection of the well when mining through 
wells using continuous mining equipment. The drivage spads will not be 
more than 50 feet from the well. Install distance markers along the 
headgate on 5-feet centers for 20 feet in advance of the well when 
using longwall-mining methods.
    (3) Firefighting 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 each well mine-through. 
Locate the fire hose in the last open crosscut of the entry or room. 
Maintain the water line to the belt conveyor tailpiece along with a 
sufficient amount of fire hose to reach the farthest point of 
penetration on the section.
    (4) Keep available at the last open crosscut a supply of roof 
support and ventilation materials sufficient to ventilate and support 
around the well on cut-through. In addition, keep emergency plugs 
available in the immediate area of the cut-through.
    (5) Maintain the quantity of air required by the approved mine 
ventilation plan for both continuous and longwall mining.
    (6) Check equipment for permissibility if it will be inby the last 
open crosscut during mine-through and service it on the shift prior to 
mining through the well.
    (7) Calibrate the methane monitors on the longwall, continuous 
mining machine, or cutting machine and loading machine on the shift 
prior to mining through the well.
    (8) When mining is in progress, test methane levels with a hand-
held methane detector at least every 10 minutes from the time that 
mining with the continuous mining machine is within 20 feet of the well 
until the well is intersected and immediately prior to mining through 
it or from the time that mining with longwall mining equipment is 
within 10 feet of the well. No individual is allowed on the return side 
during the actual cutting process until the mine-through has been 
completed and the area examined and declared safe.
    (9) Keep the working place free from accumulations of coal dust and 
coal spillages, and place rock dust on the roof, rib, and floor to 
within 20 feet of the face when mining through the well when using 
continuous or conventional mining methods. Conduct rock dusting on 
longwall sections on the roof, rib, and floor up to both the headgate 
and tailgate gob.
    (10) Deenergize all equipment when the wellbore is intersected and 
thoroughly examine the place and determine it safe before resuming 
mining. No open flame is permitted in the area until adequate 
ventilation has been established around the wellbore.
    (11) In rare instances, torches may be used for inadequately or 
inaccurately cut or milled casings at the coal seam level. No open 
flame is permitted in the area until adequate ventilation has been 
established around the wellbore and methane levels are less than 1.0 
percent in all areas that will be exposed to flames and sparks from the 
torch. Apply a thick layer of rock dust to the roof, face, floor, ribs, 
and any exposed coal within 20 feet of the casing prior to any use of 
torches.

[[Page 70324]]

    (12) After a well has been intersected and the working place 
determined safe, continue mining inby the well at a distance sufficient 
to permit adequate ventilation around the area of the wellbore.
    (13) No person will be permitted in the area of the cut-through 
operation except those actually engaged in the mining operation, mine 
management, representative of the miners, personnel from MSHA, and 
personnel from the appropriate State agency.
    (14) A certified official will directly supervise the cut-through 
operation and only the certified official in charge will issue 
instructions concerning the cut-through operation.
    (15) Locate non-sparking (brass) tools on the working section in 
the event they are needed to expose and examine cased wells.
    (16) Alert all personnel in the mine to the planned intersection of 
the well prior to their going underground if the planned intersection 
is to occur during their shift. Repeat this warning for all shifts 
until the well has been mined through. Mining may be conducted in other 
working sections during the intersection of the well.
    (17) The responsible person required in 30 CFR 75.1501 will be 
responsible for well intersection emergencies. The responsible person 
will review the well intersection procedures prior to any planned 
intersection.
    Within 60 days after this petition becomes final, the petitioner 
will submit proposed revisions for its approved part 48 training plan 
to the DM.
    Within 30 days after this petition becomes final, the petitioner 
will submit proposed revisions for its approved mine emergency 
evacuation and firefighting plan required in 30 CFR 75.1501. The 
petitioner will revise the plans to include the hazards and evacuation 
procedures to be used for well intersections. All underground miners 
will be trained in this revised plan within 30 days of the DM's 
approval of the revised evacuation plan. Such training may be done in a 
weekly safety meeting or other type of appropriate setting.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure or protection 
afforded by the existing standard.
    Docket Number: M-2013-051-C.
    Petitioner: Jim Walter Resources, Inc., 3000 Riverchase Galleria, 
Suite 1700, Birmingham, Alabama 35244.
    Mines: No. 4 Mine, MSHA I.D. No. 01-01247 and No. 7 Mine, MSHA I.D. 
No. 01-01401, located in Tuscaloosa County, Alabama.
    Regulation Affected: 30 CFR 75.1506(a)(3) (Refuge alternatives).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the continued use of its currently deployed 
refuge alternatives chambers in the No. 4 and No. 7 Mines past December 
31, 2013, provided that they are refurbished or replaced as soon as 
practicable thereafter.
    The petitioner asserts that: (1) Compliance with the standard's 
current December 31, 2013, deadline (to the possible) will result in a 
diminution of safety to miners; and (2) allowing the use of its 
currently deployed units will at all times in the foreseeable future 
guarantee no less than the same measure of protection afforded the 
miners by the standard. The petitioner states that:
    (1) MineARC refuge chambers are currently in use at the No. 4 and 
No. 7 Mines.
    (2) The MineARC refuge chamber is the only commercially available 
refuge model to incorporate both a powerless carbon dioxide/carbon 
monoxide (CO2/CO) scrubber as well as an intrinsically safe 
air conditioning system (refrigerant R744) housed within the same 
constructed unit.
    (3) The use of MineARC refuge chambers at No. 4 and No. 7 Mines has 
been continuously approved in the Mines' Emergency Response Plans 
(ERPs) since February 2009.
    (4) The MineARC refuge chambers are currently undergoing 30 CFR 
Part 7 approval.
    (5) MineARC's efforts to obtain Part 7 approval have been in good 
faith and delays in receiving Part 7 approval are common throughout the 
industry as reflected by the current absence of approved chambers.
    (6) In addition to the pending 30 CFR Part 7 approval process, the 
MineARC refuge chambers in use at the No. 4 and No. 7 Mines must be 
refurbished to comply with the directives of MSHA's Program Policy 
Letter No. P11-V-17.
    (7) On April 4, 2013, MineARC informed the petitioner that MineARC 
will be unable to refurbish or replace all of the petitioners units 
prior to December 31, 2013, for the petitioner to comply with 30 CFR 
75.1506(a)(3) and/or the requirements of MSHA's Program Policy Letter 
No. P11-V-17.
    (8) Replacing the currently deployed MineARC refuge chambers by 
December 31, 2013, with non-air conditioned, MSHA-approved refuge 
chambers is not feasible and/or would place the miners at significant 
and greater risk in any emergency.
    (9) The only way to guarantee no less than the same measure of 
safety to the miners as afforded by the standard prior to December 31, 
2013, is for MSHA to approve continued deployment of its MineARC refuge 
chambers until their replacement with like units and/or refurbishment 
of current units as soon as practicable.
    (10) Without instant granting of this petition, it will be 
impossible to submit the currently deployed MineARC chambers for 
approval by the District Manager in its ERPs under 30 CFR 75.1507 for 
January 2014 and later use.
    (11) Granting of this petition will in no way limit the authority 
of the District Manager to require appropriate measures in Jim Walter 
Resources' ERPs to assure timely replacement of its current MineARC 
chambers with fully-compliant refurbished units.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.

    Dated: November 19, 2013.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2013-28121 Filed 11-22-13; 8:45 am]
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