Petitions for Modification of Application of Existing Mandatory Safety Standards, 30172-30181 [2014-12113]
Download as PDF
30172
Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Notices
sroberts on DSK5SPTVN1PROD with NOTICES
minimizing these risks, but that does
not justify subjecting maintenance
personnel to a wide range of conditions
that greatly increases their chances of
being injured or killed.
(7) Working within the company
shops will provide miners with the
ability to perform necessary work absent
the standards’ literal mandate that
present a far more dangerous scenario.
(8) Southwest Energy proposes to use
the specific procedures listed below for
compliance with the proposed
alternative method for this petition:
(a) All highly explosive materials and
oxidizers will be removed to the greatest
extent possible from vehicles prior to
entering the Southwest Energy shops.
(b) No hot work or open flames will
be permitted within 50 feet of a vehicle
containing blasting materials/agents.
(c) Any vehicles entering a bay to
conduct hot work (grinding), welding,
or cutting with an open flame will be
emptied of all explosives, including
blasting materials/agents, and washed
prior to entry.
(d) A flashing light will be installed
on top of the shop and on each bulk
truck to warn anyone approaching that
a truck used in the blasting process is
in the bay.
(e) A rope or gate with a warning sign
will be extended across shop entrances
when trucks used in the blasting process
are in bays for repair or maintenance.
(f) The number of persons working in
the shops will be limited to the
minimum required to conduct repair
work or perform maintenance.
(g) All welders, grinders, torches and
tools used for welding and cutting will
be placed in a cage inside of the bay and
will be locked during maintenance or
repairs.
Individuals may review a complete
description of the procedures the
petitioner proposes to use for this
petition at the MSHA address listed in
this notice.
The petitioner asserts that the
proposed alternative method will
provide at least the same measure of
safety as the existing standard.
Dated: May 16, 2014.
Sheila McConnell,
Acting Director, Office of Standards,
Regulations and Variances.
[FR Doc. 2014–12112 Filed 5–23–14; 8:45 am]
BILLING CODE 4510–43–P
VerDate Mar<15>2010
19:12 May 23, 2014
Jkt 232001
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 June 26, 2014.
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 or Hand Delivery:
MSHA, Office of Standards, Regulations
and Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia 22209–
3939, Attention: Sheila McConnell,
Acting 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:
SUMMARY:
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
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
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–2014–009–C.
Petitioner: Bridger Coal Company,
1088 Nine Mile Road, Point of Rocks,
Wyoming 82942.
Mine: Bridger Underground Coal
Mine, MSHA I.D. No. 48–01646, located
in Sweetwater County, Wyoming.
Regulation Affected: 30 CFR 75.503
(Permissible electric face equipment;
maintenance) and 18.35(a)(5)(i)
(Portable trailing cables and cords).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an increase of the
maximum allowable length of trailing
cables for supplying power to
continuous mining machines, roof
bolting machines, electric shuttle cars,
feeder breakers, and auxiliary fans at the
Bridger Underground Coal Mine. The
petitioner states that:
(1) The maximum lengths of the
trailing cables supplying power to threephase 995-volt continuous mining
machines will be 1,100 feet and those
supplying power to three-phase 995-volt
roof bolting machines, feeder breakers,
and auxiliary fans will be 1,000 feet.
(2) The trailing cables for the 995-volt
continuous mining machines and feeder
breakers will not be smaller than #2/0
American Wire Gauge (AWG), SHD–GC.
The trailing cables for the 995-volt roof
bolting machines and auxiliary fans will
not be smaller than #2 AWG, SHD–GC.
(3) 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
amperes. The trip setting of these circuit
breakers will be sealed so that the
setting cannot be changed and these
circuit breakers will have permanent,
legible labels. Each label will identify
the circuit breaker as being suitable for
protecting #2/0 AWG cables. The labels
will be maintained legible.
(4) Replacement circuit breakers and/
or instantaneous trip units used to
protect #2/0 AWG trailing cables will be
E:\FR\FM\27MYN1.SGM
27MYN1
sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Notices
calibrated to trip at 1500 amperes and
this setting will be sealed. A
certification tag showing the maximum
amps and the date certified by
Intermountain Electronics of other
MSHA-acceptable vendor will be
attached to the circuit breaker or trip
unit.
(5) The maximum length of the
trailing cables supplying power to the
three-phase 480-volt shuttle car(s) will
not exceed 1,000 feet and will not be
smaller than #2 AWG. Extended length
trailing cable(s) used on shuttle cars will
be three conductor round cable, Type
G–GC, G, or 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.
(6) All circuit breakers used to protect
#2 AWG trailing cables exceeding 700
feet in length will have instantaneous
trip units calibrated to trip at 800
amperes. The trip setting of these circuit
breakers will be sealed or locked, and
these circuit breakers will have
permanent, legible labels. Each label
will identify the circuit breaker as being
suitable for protecting #2 AWG cables.
The labels will be maintained legible.
(7) Replacement and/or instantaneous
trip units used to protect #2 AWG
trailing cables will be calibrated to trip
at 800 amperes and this setting will be
sealed. A certification tag showing the
maximum amps and the date certified
by Intermountain Electronics or another
MSHA-acceptable vendor will be
attached to the circuit breaker or trip
unit.
(8) All components that provide shortcircuit protection will have a sufficient
interruption rating in accordance with
the maximum calculated fault currents
available. Short-circuit current setting
must not exceed 75 percent of the
minimum available current.
(9) The trailing cable for the
continuous mining machines, auxiliary
fans, and feeder breakers will be hung
on well-insulated hangers from the
section power center to the slack pile of
the trailing cable for each machine or to
the last open crosscut, whichever is
further outby.
(10) During each production shift,
persons designated by the mine operator
will visually examine the trailing cables
to ensure that the cables are in safe
operating condition and that the
instantaneous settings of the speciallycalibrated circuit breaker settings, as
stipulated previously, do not have seals
removed or tampered with. The
examination must verify that the cables
are hung on insulated hangers and that
excessive cable is not stored on the roof
bolter and shuttle car cable reel(s). Any
VerDate Mar<15>2010
19:12 May 23, 2014
Jkt 232001
discrepancies must be corrected prior to
operation.
(11) Permanent warning labels will be
installed and maintained on the cover of
the power center identifying the
location of each sealed short-circuit
protective device. These labels will
warn miners not to change or alter these
sealed short-circuit settings.
(12) 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. Also, additional precautions
will be taken to ensure that the cable is
protected and maintained in safe
operating condition.
(13) The alternative method will not
be implemented until all miners who
have been designated to examine the
integrity of seals, verify the short-circuit
settings, and examine trailing cables for
defects have received the elements of
training contained in this petition.
(14) Within 60 days after the proposed
decision and order becomes final, the
petitioner will submit proposed
revisions for their approved 30 CFR part
48 training plans to the District
Manager. These revisions will specify
task training for miners designated to
examine the trailing cables for safe
operating condition and verify that the
short-circuit settings of the circuitinterrupting devices that protect the
affecting trailing cables do not exceed
the settings specified previously in this
petition. The training will include the
following elements:
(a) The hazards of setting the short
circuit interrupting device too high to
adequately protect the trailing cables.
(b) How to verify that the circuit
interrupting device(s) protecting the
trailing cable(s) are properly set and
maintained.
(c) Mining methods and operating
procedures that will protect the trailing
cables against damage.
(d) Proper procedures for examining
the trailing cables to ensure that the
cables are in safe operating condition by
visually inspecting the entire cable,
observing the insulation, the integrity of
splices, and any nicks or abrasions.
The petitioner asserts that the
proposed alternative method will at all
times guarantee at least the same
measure of protection to the miners as
would be provided by the existing
standard.
Docket Number: M–2014–010–C.
Petitioner: Bridger Coal Company,
P.O. Box 68, Point of Rocks, Wyoming.
Mine: Bridger Underground Coal
Mine, MSHA I.D. No. 48–01646, located
in Sweetwater County, Wyoming.
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
30173
Regulation Affected: (30 CFR
75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to allow the use
of battery-powered nonpermissible
surveying equipment in or inby the last
open crosscut, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
practical and accurate surveying
equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Coal mining by
its nature and size and absolute
necessity for accuracy requires accurate
surveying measurements be completed
in a very timely manner. The petitioner
proposes the following as an alternative
to the existing standard:
(a) Nonpermissible electronic
surveying equipment will be used when
the equivalent permissible electronic
surveying equipment is not available.
Such nonpermissible surveying
equipment includes portable batteryoperated total station surveying
equipment, transits, distance meters,
and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(i) Checking the electronic surveying
equipment for any obvious physical
damage, including the case.
(ii) Removing the battery and
inspecting for corrosion.
(iii) Inspecting the contact points to
ensure a secure connection to the
battery.
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(c) The results of such examinations
will be recorded and retained for six
months and made available to MSHA on
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment in or inby the last
open crosscut.
(e) Nonpermissible surveying
equipment will not be used if methane
E:\FR\FM\27MYN1.SGM
27MYN1
sroberts on DSK5SPTVN1PROD with NOTICES
30174
Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Notices
is detected in concentrations at or above
one percent for the area being surveyed.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries in the surveying
equipment will be changed out or
charged in fresh air outby the last open
crosscut.
(h) Qualified personnel who use
surveying equipment will be properly
trained to recognize the hazards
associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
Within 60 days after the proposed
decision and order becomes final, the
petitioner will submit proposed
revisions to the approved part 48
training plan to the District Manager.
These proposed revisions will include
the initial and refresher training
regarding compliance with the terms
and conditions stated in the proposed
decision and order.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection as that afforded
by the existing standard.
Docket Number: M–2014–011–C.
Petitioner: CONSOL Pennsylvania
Coal Company, LLC, CONSOL Energy
Inc., CNX Center, 1000 CONSOL Energy
Drive, Canonsburg, Pennsylvania
15317–6506.
Mine: Enlow Fork Mine, MSHA I.D.
No. 36–07416, located in Greene
County, Pennsylvania.
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
vertical to horizontal oil and gas wells.
The petitioner proposes to plug vertical
to horizontal oil and gas shale wells to
mine through them.
I. The petitioner proposes to use the
following procedures for preparing and
plugging vertical to horizontal oil and
gas shale wells:
(a) When preparing and plugging
vertical to horizontal oil and gas shale
wells that has not been previously
plugged, the petitioner proposes to use
the following procedure to ensure that
no gas from the well reaches the lowest
mineable coal seam and to prepare the
VerDate Mar<15>2010
19:12 May 23, 2014
Jkt 232001
well to be plugged for mining through
the wellbore:
(1) The wellbore will be filled with
water, and/or an approved equivalent to
load the hole and control the well.
(2) The vertical well will be plugged
to its attainable depth using approved
mechanical bridge plug(s), cement, fly
ash cement, gel, and/or other approved
materials as required by Federal and
State laws, regulations, and standards to
effectively isolate and seal the oil/gas
producing zones from the vertical well
to protect the mineable coal seams and
the environment to a location within the
wellbore approximately 200 feet below
the lowest mineable coal seam.
(3) An affidavit of the vertical well
plugging will be provided to the coal
mining regulatory agencies.
(b) The petitioner proposes to use the
following procedure to prepare the
plugged well for mining through when
the well has been previously plugged in
accordance with Federal and State laws,
regulations, and standards to effectively
isolate and seal the oil/gas producing
zones from the vertical well to protect
the mineable coal seams and the
environment.
(1) An affidavit of the original well
plugging will be thoroughly reviewed
and provided to the coal mining
regulatory agencies.
(2) The well will be effectively
cleaned to a depth that would permit
placement of at least 200 feet of
expanding cement below the base of the
lowest mineable coal seam.
(c) The petitioner proposes to use the
following procedures to complete the
well plugging and prepare the well for
mine-through when a well has been
effectively plugged in accordance with
Federal and State laws, regulations, and
standards to effectively isolate and seal
the oil/gas producing zones to a location
within the wellbore approximately 200
feet from the lowest mineable coal seam:
(1) A suite of logs will be made
consisting of a caliper survey,
directional deviation survey, and log(s)
suitable for determining the top and
bottom of the lowest mineable coal seam
and potential hydrocarbon-producing
strata.
(2) The wellbore will be effectively
cleaned to a depth at least 200 feet
below the lowest mineable coal seam
and the wellbore will be filled and
circulated with a gel to inhibit the flow
of any gases, support the wellbore, and
aid the introduction of the expanding
cement.
(3) The well casing(s) will be
effectively milled, cut, or perforated
from the inner casing to the geologic
strata at locations approximately 200
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
feet and approximately 100 feet below
the lowest mineable coal seam.
(4) The well casing(s) will be
effectively milled or cut sufficiently
below, throughout, and above the coal
seam to be mined to enable the coal
seam to be safely and effectively mined
through the plugged wellbore.
(5) A minimum of 200 feet of
expanding cement will be effectively
placed in the wellbore below the lowest
mineable coal seam and to a point not
less than 100 feet above the top of the
highest mineable coal seam.
(6) Expanding cement, Portland
cement, a cement fly ash mixture, or an
approved equivalent, will be effectively
placed from the top of the expanding
cement to the surface.
(7) A monument with an API number
will be installed at the plugged well
location.
(8) An affidavit will be filed setting
forth the persons who participated in
the work, a description of the plugging
work, and a certification by the
petitioner that the well has been
plugged as described.
II. The petitioner proposes to use the
following procedures for mining
through a plugged vertical to horizontal
oil or gas well by the continuous mining
method:
(1) Prior to mining within 300 feet of
the well, the MSHA District Office will
be notified verbally and with a letter
and a drawing detailing the well
location. If according to the down-hole
deviation survey a plugged well is
found to be located within 20 feet of
projected mining, the procedures and
safeguards listed below will be utilized.
All distances will be measured along a
line drawn perpendicular to the entry or
crosscut being mined and the plugged
well.
(2) All personnel working
underground will be informed of the
cut-through, the evacuation, and
communication procedures to be used at
the beginning of the shift in which a
well will be cut-through. Management
will ensure that all personnel can be
promptly informed of any problem that
might develop and of evacuation (if
required) during the well cut-through.
(3) The mining through will be done
at a time when only those miners
actually engaged in the mining-through
operation, and those necessary to
operate ancillary equipment (haulage,
conveyors, ventilation, etc.) are within
1,000 feet of the location of the well (on
the intake side) being cut-through. No
persons will be allowed in the section
return downwind of the cut-through,
but will be allowed in the return
downwind of the location where the
section return mixes with another return
E:\FR\FM\27MYN1.SGM
27MYN1
sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Notices
split of air if this point is more than
1,000 feet from the location of the well.
When the distance from the well is
within 10 feet of touching the wellbore,
all workers and responsible persons will
be notified and no mining will be done
until all persons except those
mentioned above have been withdrawn
outby the affected area. The well will be
surveyed and located as to know when
to stop mining.
(4) When mining approaches within
10 feet of cutting into the plugged well,
a designated person in each operating
section will be posted near the section
phone (within hearing distance), or
monitoring a radio on a designated
channel until the cut-through is
complete and an ‘‘ALL CLEAR’’
command is given. All miners in the
outby areas of the mine will be working
at known locations within radio or
telephone communications. There will
be no activities in remote areas without
communications, ensuring quick
evacuation of the mine in the event of
any emergency at the cut-through area.
The communication system will be
checked at the beginning of the shift and
within 10 feet of the cut-through.
(5) Firefighting equipment, including
fire extinguishers, rock dust and enough
fire hose to reach the working face will
be available near the working area.
(6) Sufficient supplies of roof support
and ventilation materials will be
available near the working area.
(7) A minimum of 5,000 cubic feet of
air per minute will be used to ventilate
the working face during the miningthrough operation. The ventilation plan
and methane and dust control plan will
be complied with.
(8) The equipment will be checked for
permissibility and serviced on the shift
prior to mining through the well.
(9) The methane monitor on the
continuous mining machine will be
calibrated on the shift prior to mining
through the well. The calibration may
be checked during the first half of the
shift if the well is to be intersected
during the section half of the shift.
(10) Drivage sights will be installed at
the last open crosscut near the place to
be mined to ensure intersection of the
well. A laser or additional drivage sights
will be used to ensure that the sight line
is not more than 50 feet from the well.
(11) The working place 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.
(12) Tests for methane will be made
with a hand-held methane detector and
a probe at least every 10 minutes when
mining within 30 feet of the well. These
VerDate Mar<15>2010
19:12 May 23, 2014
Jkt 232001
methane tests will continue until the gas
well is intersected. A test for methane
will also be made immediately prior to
the anticipated mining through of the
gas well.
(13) Immediately after the well is
intersected, all equipment located in or
inby the last open crosscut such as the
continuous mining machine, the loader,
the shuttle car, the face fan and roof
bolter machine will be de-energized and
the place thoroughly examined and
determined safe by a certified foreman
before mining is resumed. The face fan
may be left energized to ventilate the
working place provided someone is
stationed at the discharge end of the fan
and is continuously monitoring the
methane. If the methane level in the
discharge of the fan reaches one percent,
the fan will be deenergized. Any well
casing will be removed and no open
flame will be permitted in the area until
adequate ventilation has been
established around the well. After the
well cut-through is complete and the
area is determined safe by a certified
person, the miners outby the affected
area may enter the section return and
the affected area.
(14) The mining-through operation
will be under the direct supervision of
the mine foreman or a certified person
designated by the mine foreman.
Instructions concerning the miningthrough operation will be issued only by
the mine foreman or the certified person
designated by the mine foreman to be in
charge.
(15) The MSHA field office will be
notified in sufficient time prior to
mining-through, to have a representative
present during the actual miningthrough if necessary.
(16) The mining procedures and a
drawing of the area will be reviewed
with all personnel involved in the
mining-through operation prior to the
intersection of the plugged well.
III. The petitioner proposes to use
following procedures and safeguards for
mining past a plugged gas or oil well by
the continuous mining method (greater
than 20 feet away but less than 30 feet):
(a) If through mapping and plotting of
a down-hole deviation survey of a
plugged oil or gas well, mining will be
greater than 20 feet away but less than
30 feet away from the well as measured
from projected rib line, the following
plan will be used:
(1) Prior to mining within 300 feet of
the well, the MSHA District Office will
be notified verbally and with a letter
and a drawing detailing the well
location.
(2) When mining is within 30 feet of
a line drawn perpendicular to the entry
or crosscut being mined and the plugged
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
30175
well, tests of methane will be made with
a hand-held methane detector and a
probe at least every 10 minutes. These
methane tests will continue until
mining has progressed to a point inby
the perpendicular line.
(3) All other cut-through procedures
do not apply to plugged oil or gas wells
greater than 20 feet away but less than
30 feet away from projected mining.
IV. The petitioner proposes to use the
following procedures and safeguards for
mining past a plugged gas or oil well by
the continuous mining method (greater
than 30 feet):
(a) If through mapping and plotting of
a down-hole deviation survey of a
plugged oil or gas well, mining will be
greater than 30 feet from the well as
measured from projected rib line, the
following plan will be used:
(1) Prior to mining within 300 feet of
the well, the MSHA District Office will
be notified verbally and with a letter
and a drawing detailing the well
location.
(2) Cut-through procedures do not
apply to plugged oil or gas wells greater
than 30 feet away from projected
mining.
V. The petitioner proposes to use the
following procedures and safeguards for
mining through a plugged gas or oil well
by the longwall mining method:
(1) Prior to mining within 300 feet of
the well, the MSHA District Office will
be notified verbally and with a letter
and a drawing detailing the well
location.
(2) All personnel working
underground will be informed of the
cut-through, the evacuation, and
communication procedures to be used at
the beginning of the shift in which a
well will be cut-through. Management
will ensure that all personnel can be
promptly informed of any problem that
might develop and of evacuation (if
required) during the well cut-through.
(3) The mining through will be done
at a time when only those miners
actually engaged in the mining-through
operation, and those necessary to
operate ancillary equipment (haulage,
conveyors, ventilation, etc.) are within
1,000 feet of the longwall face. When
the distance from the well is within 10
feet of touching the wellbore, all
workers or responsible persons will be
notified and no mining will be done
within 20 feet on either side of the well
until all persons except those
mentioned above have been withdrawn
outby the affected area. The well will be
surveyed and located to know when to
stop mining.
(4) When mining approaches within
10 feet of cutting into the plugged well,
a designated person in each operating
E:\FR\FM\27MYN1.SGM
27MYN1
sroberts on DSK5SPTVN1PROD with NOTICES
30176
Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Notices
section will be posted near the section
phone (within hearing distance), or
monitoring a radio on a designated
channel until the cut-through is
complete and an ‘‘ALL CLEAR’’
command is given by a certified person.
All miners in the outby areas of the
mine will be working at known
locations within radio or telephone
communications. There will be no
activities in remote areas without
communications, ensuring quick
evacuation of the mine in the event of
any emergency at the cut-through area.
The communication system will be
checked at the beginning of the shift and
when within 10 feet of the cut-through.
(5) Firefighting equipment, including
fire extinguishers, rock dust and enough
fire hose to reach the working face will
be available in the immediate area of the
longwall.
(6) Sufficient supplies of roof support
and ventilation materials will be
available in the immediate area of the
longwall.
(7) The latest approved ventilation
plan requirement for air reaching the
longwall face and required face
velocities will be maintained during the
mining-through operation. The
ventilation plan and methane and dust
control plan will be complied with.
(8) Equipment will be checked for
permissibility and serviced on the shift
prior to mining through the well.
(9) The methane monitors on the
longwall will be calibrated on the shift
prior to mining through the well. The
calibration may be checked during the
first half of the shift if the well is to be
intersected during the section half of the
shift.
(10) Special location spads will be in
the tailgate and headgate entries to
define the exact location of the plugged
well. An additional spad or marked area
will be installed 20 feet from the
location. In addition, the shields
adjacent to a 10 foot radius of the well
will be identified.
(11) A normal mining rate will be
maintained across the longwall face
except in the area defined by a 10 foot
radius of the plugged well. Mining
through this area will be done at a
reduced mining rate until the wellbore
is contacted.
(12) When mining is in progress and
the longwall face is within 10 feet of the
well, tests for methane will be made
with a hand-held methane detector on
every pass across the longwall face or at
a maximum of every 10 minutes. These
tests will be made until the well is
intersected.
(13) Immediately after the well is
intersected, all equipment on the
longwall face such as the shearer, the
VerDate Mar<15>2010
19:12 May 23, 2014
Jkt 232001
stageloader and the face conveyor will
be deenergized and the place thoroughly
examined by a certified foreman and
determined safe before mining is
resumed. Any well casing will be
removed and no open flame will be
permitted in the area until adequate
ventilation has been established around
the well. After the well cut-through is
complete and the area is determined
safe, the miners may enter the affected
area.
(14) The mining-through operation
will be under the direct supervision of
the mine foreman or a certified person
designated by the mine foreman.
Instructions concerning the miningthrough operation will be issued only by
the mine foreman or the certified person
designated by the mine foreman to be in
charge.
(15) The MSHA field office will be
notified in sufficient time prior to
mining-through, to have a representative
present during the actual miningthrough if necessary.
(16) The mining procedures and a
drawing of the area will be reviewed
with all personnel involved in the
mining-through operation prior to the
intersection of the plugged well.
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–2014–012–C.
Petitioner: CONSOL Pennsylvania
Coal Company, LLC, CONSOL Energy
Inc., CNX Center, 1000 CONSOL Energy
Drive, Canonsburg, Pennsylvania
15317–6506.
Mine: Bailey Mine, MSHA I.D. No.
36–07230, located in Greene County,
Pennsylvania.
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
vertical to horizontal oil and gas wells.
The petitioner proposes to plug vertical
to horizontal oil and gas shale wells to
mine through them.
I. The petitioner proposes to use the
following procedures for preparing and
plugging vertical to horizontal oil and
gas shale wells:
(a) When preparing and plugging
vertical to horizontal oil and gas shale
wells that has not been previously
plugged, the petitioner proposes to use
the following procedure to ensure that
no gas from the well reaches the lowest
mineable coal seam and to prepare the
well to be plugged for mining through
the wellbore:
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
(1) The wellbore will be filled with
water, and/or an approved equivalent to
load the hole and control the well.
(2) The vertical well will be plugged
to its attainable depth using approved
mechanical bridge plug(s), cement, fly
ash cement, gel, and/or other approved
materials as required by Federal and
State laws, regulations, and standards to
effectively isolate and seal the oil/gas
producing zones from the vertical well
to protect the mineable coal seams and
the environment to a location within the
wellbore approximately 200 feet below
the lowest mineable coal seam.
(3) An affidavit of the vertical well
plugging will be provided to the coal
mining regulatory agencies.
(b) The petitioner proposes to use the
following procedure to prepare the
plugged well for mining through when
the well has been previously plugged in
accordance with Federal and State laws,
regulations, and standards to effectively
isolate and seal the oil/gas producing
zones from the vertical well to protect
the mineable coal seams and the
environment.
(1) An affidavit of the original well
plugging will be thoroughly reviewed
and provided to the coal mining
regulatory agencies.
(2) The well will be effectively
cleaned to a depth that would permit
placement of at least 200 feet of
expanding cement below the base of the
lowest mineable coal seam.
(c) The petitioner proposes to use the
following procedures to complete the
well plugging and prepare the well for
mine-through when a well has been
effectively plugged in accordance with
Federal and State laws, regulations, and
standards to effectively isolate and seal
the oil/gas producing zones to a location
within the wellbore approximately 200
feet from the lowest mineable coal seam:
(1) A suite of logs will be made
consisting of a caliper survey,
directional deviation survey, and log(s)
suitable for determining the top and
bottom of the lowest mineable coal seam
and potential hydrocarbon-producing
strata.
(2) The wellbore will be effectively
cleaned to a depth at least 200 feet
below the lowest mineable coal seam
and the wellbore will be filled and
circulated with a gel to inhibit the flow
of any gases, support the wellbore, and
aid the introduction of the expanding
cement.
(3) The well casing(s) will be
effectively milled, cut, or perforated
from the inner casing to the geologic
strata at locations approximately 200
feet and approximately 100 feet below
the lowest mineable coal seam.
E:\FR\FM\27MYN1.SGM
27MYN1
sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Notices
(4) The well casing(s) will be
effectively milled or cut sufficiently
below, throughout, and above the coal
seam to be mined to enable the coal
seam to be safely and effectively mined
through the plugged wellbore.
(5) A minimum of 200 feet of
expanding cement will be effectively
placed in the wellbore below the lowest
mineable coal seam and to a point not
less than 100 feet above the top of the
highest mineable coal seam.
(6) Expanding cement, Portland
cement, a cement fly ash mixture, or an
approved equivalent, will be effectively
placed from the top of the expanding
cement to the surface.
(7) A monument with an API number
will be installed at the plugged well
location.
(8) An affidavit will be filed setting
forth the persons who participated in
the work, a description of the plugging
work, and a certification by the
petitioner that the well has been
plugged as described.
II. The petitioner proposes to use the
following procedures for mining
through a plugged vertical to horizontal
oil or gas well by the continuous mining
method:
(1) Prior to mining within 300 feet of
the well, the MSHA District Office will
be notified verbally and with a letter
and a drawing detailing the well
location. If according to the down-hole
deviation survey a plugged well is
found to be located within 20 feet of
projected mining, the procedures and
safeguards listed below will be utilized.
All distances will be measured along a
line drawn perpendicular to the entry or
crosscut being mined and the plugged
well.
(2) All personnel working
underground will be informed of the
cut-through, the evacuation, and
communication procedures to be used at
the beginning of the shift in which a
well will be cut-through. Management
will ensure that all personnel can be
promptly informed of any problem that
might develop and of evacuation (if
required) during the well cut-through.
(3) The mining through will be done
at a time when only those miners
actually engaged in the mining-through
operation, and those necessary to
operate ancillary equipment (haulage,
conveyors, ventilation, etc.) are within
1,000 feet of the location of the well (on
the intake side) being cut-through. No
persons will be allowed in the section
return downwind of the cut-through,
but will be allowed in the return
downwind of the location where the
section return mixes with another return
split of air if this point is more than
1,000 feet from the location of the well.
VerDate Mar<15>2010
19:12 May 23, 2014
Jkt 232001
When the distance from the well is
within 10 feet of touching the wellbore,
all workers and responsible persons will
be notified and no mining will be done
until all persons except those
mentioned above have been withdrawn
outby the affected area. The well will be
surveyed and located as to know when
to stop mining.
(4) When mining approaches within
10 feet of cutting into the plugged well,
a designated person in each operating
section will be posted near the section
phone (within hearing distance), or
monitoring a radio on a designated
channel until the cut-through is
complete and an ‘‘ALL CLEAR’’
command is given. All miners in the
outby areas of the mine will be working
at known locations within radio or
telephone communications. There will
be no activities in remote areas without
communications, ensuring quick
evacuation of the mine in the event of
any emergency at the cut-through area.
The communication system will be
checked at the beginning of the shift and
within 10 feet of the cut-through.
(5) Firefighting equipment, including
fire extinguishers, rock dust and enough
fire hose to reach the working face will
be available near the working area.
(6) Sufficient supplies of roof support
and ventilation materials will be
available near the working area.
(7) A minimum of 5,000 cubic feet of
air per minute will be used to ventilate
the working face during the miningthrough operation. The ventilation plan
and methane and dust control plan will
be complied with.
(8) The equipment will be checked for
permissibility and serviced on the shift
prior to mining through the well.
(9) The methane monitor on the
continuous mining machine will be
calibrated on the shift prior to mining
through the well. The calibration may
be checked during the first half of the
shift if the well is to be intersected
during the section half of the shift.
(10) Drivage sights will be installed at
the last open crosscut near the place to
be mined to ensure intersection of the
well. A laser or additional drivage sights
will be used to ensure that the sight line
is not more than 50 feet from the well.
(11) The working place 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.
(12) Tests for methane will be made
with a hand-held methane detector and
a probe at least every 10 minutes when
mining within 30 feet of the well. These
methane tests will continue until the gas
well is intersected. A test for methane
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
30177
will also be made immediately prior to
the anticipated mining through of the
gas well.
(13) Immediately after the well is
intersected, all equipment located in or
inby the last open crosscut such as the
continuous mining machine, the loader,
the shuttle car, the face fan and roof
bolter machine will be de-energized and
the place thoroughly examined and
determined safe by a certified foreman
before mining is resumed. The face fan
may be left energized to ventilate the
working place provided someone is
stationed at the discharge end of the fan
and is continuously monitoring the
methane. If the methane level in the
discharge of the fan reaches one percent,
the fan will be deenergized. Any well
casing will be removed and no open
flame will be permitted in the area until
adequate ventilation has been
established around the well. After the
well cut-through is complete and the
area is determined safe by a certified
person, the miners outby the affected
area may enter the section return and
the affected area.
(14) The mining-through operation
will be under the direct supervision of
the mine foreman or a certified person
designated by the mine foreman.
Instructions concerning the miningthrough operation will be issued only by
the mine foreman or the certified person
designated by the mine foreman to be in
charge.
(15) The MSHA field office will be
notified in sufficient time prior to
mining-through, to have a representative
present during the actual miningthrough if necessary.
(16) The mining procedures and a
drawing of the area will be reviewed
with all personnel involved in the
mining-through operation prior to the
intersection of the plugged well.
III. The petitioner proposes to use
following procedures and safeguards for
mining past a plugged gas or oil well by
the continuous mining method (greater
than 20 feet away but less than 30 feet):
(a) If through mapping and plotting of
a down-hole deviation survey of a
plugged oil or gas well, mining will be
greater than 20 feet away but less than
30 feet away from the well as measured
from projected rib line, the following
plan will be used:
(1) Prior to mining within 300 feet of
the well, the MSHA District Office will
be notified verbally and with a letter
and a drawing detailing the well
location.
(2) When mining is within 30 feet of
a line drawn perpendicular to the entry
or crosscut being mined and the plugged
well, tests of methane will be made with
a hand-held methane detector and a
E:\FR\FM\27MYN1.SGM
27MYN1
sroberts on DSK5SPTVN1PROD with NOTICES
30178
Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Notices
probe at least every 10 minutes. These
methane tests will continue until
mining has progressed to a point inby
the perpendicular line.
(3) All other cut-through procedures
do not apply to plugged oil or gas wells
greater than 20 feet away but less than
30 feet away from projected mining.
IV. The petitioner proposes to use the
following procedures and safeguards for
mining past a plugged gas or oil well by
the continuous mining method (greater
than 30 feet):
(a) If through mapping and plotting of
a down-hole deviation survey of a
plugged oil or gas well, mining will be
greater than 30 feet from the well as
measured from projected rib line, the
following plan will be used:
(1) Prior to mining within 300 feet of
the well, the MSHA District Office will
be notified verbally and with a letter
and a drawing detailing the well
location.
(2) Cut-through procedures do not
apply to plugged oil or gas wells greater
than 30 feet away from projected
mining.
V. The petitioner proposes to use the
following procedures and safeguards for
mining through a plugged gas or oil well
by the longwall mining method:
(1) Prior to mining within 300 feet of
the well, the MSHA District Office will
be notified verbally and with a letter
and a drawing detailing the well
location.
(2) All personnel working
underground will be informed of the
cut-through, the evacuation, and
communication procedures to be used at
the beginning of the shift in which a
well will be cut-through. Management
will ensure that all personnel can be
promptly informed of any problem that
might develop and of evacuation (if
required) during the well cut-through.
(3) The mining through will be done
at a time when only those miners
actually engaged in the mining-through
operation, and those necessary to
operate ancillary equipment (haulage,
conveyors, ventilation, etc.) are within
1,000 feet of the longwall face. When
the distance from the well is within 10
feet of touching the wellbore, all
workers or responsible persons will be
notified and no mining will be done
within 20 feet on either side of the well
until all persons except those
mentioned above have been withdrawn
outby the affected area. The well will be
surveyed and located to know when to
stop mining.
(4) When mining approaches within
10 feet of cutting into the plugged well,
a designated person in each operating
section will be posted near the section
phone (within hearing distance), or
VerDate Mar<15>2010
19:12 May 23, 2014
Jkt 232001
monitoring a radio on a designated
channel until the cut-through is
complete and an ‘‘ALL CLEAR’’
command is given by a certified person.
All miners in the outby areas of the
mine will be working at known
locations within radio or telephone
communications. There will be no
activities in remote areas without
communications, ensuring quick
evacuation of the mine in the event of
any emergency at the cut-through area.
The communication system will be
checked at the beginning of the shift and
when within 10 feet of the cut-through.
(5) Firefighting equipment, including
fire extinguishers, rock dust and enough
fire hose to reach the working face will
be available in the immediate area of the
longwall.
(6) Sufficient supplies of roof support
and ventilation materials will be
available in the immediate area of the
longwall.
(7) The latest approved ventilation
plan requirement for air reaching the
longwall face and required face
velocities will be maintained during the
mining-through operation. The
ventilation plan and methane and dust
control plan will be complied with.
(8) Equipment will be checked for
permissibility and serviced on the shift
prior to mining through the well.
(9) The methane monitors on the
longwall will be calibrated on the shift
prior to mining through the well. The
calibration may be checked during the
first half of the shift if the well is to be
intersected during the section half of the
shift.
(10) Special location spads will be in
the tailgate and headgate entries to
define the exact location of the plugged
well. An additional spad or marked area
will be installed 20 feet from the
location. In addition, the shields
adjacent to a 10 foot radius of the well
will be identified.
(11) A normal mining rate will be
maintained across the longwall face
except in the area defined by a 10 foot
radius of the plugged well. Mining
through this area will be done at a
reduced mining rate until the wellbore
is contacted.
(12) When mining is in progress and
the longwall face is within 10 feet of the
well, tests for methane will be made
with a hand-held methane detector on
every pass across the longwall face or at
a maximum of every 10 minutes. These
tests will be made until the well is
intersected.
(13) Immediately after the well is
intersected, all equipment on the
longwall face such as the shearer, the
stageloader and the face conveyor will
be deenergized and the place thoroughly
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
examined by a certified foreman and
determined safe before mining is
resumed. Any well casing will be
removed and no open flame will be
permitted in the area until adequate
ventilation has been established around
the well. After the well cut-through is
complete and the area is determined
safe, the miners may enter the affected
area.
(14) The mining-through operation
will be under the direct supervision of
the mine foreman or a certified person
designated by the mine foreman.
Instructions concerning the miningthrough operation will be issued only by
the mine foreman or the certified person
designated by the mine foreman to be in
charge.
(15) The MSHA field office will be
notified in sufficient time prior to
mining-through, to have a representative
present during the actual miningthrough if necessary.
(16) The mining procedures and a
drawing of the area will be reviewed
with all personnel involved in the
mining-through operation prior to the
intersection of the plugged well.
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–2014–013–C.
Petitioner: CONSOL Pennsylvania
Coal Company, LLC, CONSOL Energy
Inc., CNX Center, 1000 CONSOL Energy
Drive, Canonsburg, Pennsylvania
15317–6506.
Mine: BMX Mine, MSHA I.D. No. 36–
10045, located in Greene County,
Pennsylvania.
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
vertical to horizontal oil and gas wells.
The petitioner proposes to plug vertical
to horizontal oil and gas shale wells to
mine through them.
I. The petitioner proposes to use the
following procedures for preparing and
plugging vertical to horizontal oil and
gas shale wells:
(a) When preparing and plugging
vertical to horizontal oil and gas shale
wells that has not been previously
plugged, the petitioner proposes to use
the following procedure to ensure that
no gas from the well reaches the lowest
mineable coal seam and to prepare the
well to be plugged for mining through
the wellbore:
(1) The wellbore will be filled with
water, and/or an approved equivalent to
load the hole and control the well.
E:\FR\FM\27MYN1.SGM
27MYN1
sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Notices
(2) The vertical well will be plugged
to its attainable depth using approved
mechanical bridge plug(s), cement, fly
ash cement, gel, and/or other approved
materials as required by Federal and
State laws, regulations, and standards to
effectively isolate and seal the oil/gas
producing zones from the vertical well
to protect the mineable coal seams and
the environment to a location within the
wellbore approximately 200 feet below
the lowest mineable coal seam.
(3) An affidavit of the vertical well
plugging will be provided to the coal
mining regulatory agencies.
(b) The petitioner proposes to use the
following procedure to prepare the
plugged well for mining through when
the well has been previously plugged in
accordance with Federal and State laws,
regulations, and standards to effectively
isolate and seal the oil/gas producing
zones from the vertical well to protect
the mineable coal seams and the
environment.
(1) An affidavit of the original well
plugging will be thoroughly reviewed
and provided to the coal mining
regulatory agencies.
(2) The well will be effectively
cleaned to a depth that would permit
placement of at least 200 feet of
expanding cement below the base of the
lowest mineable coal seam.
(c) The petitioner proposes to use the
following procedures to complete the
well plugging and prepare the well for
mine-through when a well has been
effectively plugged in accordance with
Federal and State laws, regulations, and
standards to effectively isolate and seal
the oil/gas producing zones to a location
within the wellbore approximately 200
feet from the lowest mineable coal seam:
(1) A suite of logs will be made
consisting of a caliper survey,
directional deviation survey, and log(s)
suitable for determining the top and
bottom of the lowest mineable coal seam
and potential hydrocarbon-producing
strata.
(2) The wellbore will be effectively
cleaned to a depth at least 200 feet
below the lowest mineable coal seam
and the wellbore will be filled and
circulated with a gel to inhibit the flow
of any gases, support the wellbore, and
aid the introduction of the expanding
cement.
(3) The well casing(s) will be
effectively milled, cut, or perforated
from the inner casing to the geologic
strata at locations approximately 200
feet and approximately 100 feet below
the lowest mineable coal seam.
(4) The well casing(s) will be
effectively milled or cut sufficiently
below, throughout, and above the coal
seam to be mined to enable the coal
VerDate Mar<15>2010
19:12 May 23, 2014
Jkt 232001
seam to be safely and effectively mined
through the plugged wellbore.
(5) A minimum of 200 feet of
expanding cement will be effectively
placed in the wellbore below the lowest
mineable coal seam and to a point not
less than 100 feet above the top of the
highest mineable coal seam.
(6) Expanding cement, Portland
cement, a cement fly ash mixture, or an
approved equivalent, will be effectively
placed from the top of the expanding
cement to the surface.
(7) A monument with an API number
will be installed at the plugged well
location.
(8) An affidavit will be filed setting
forth the persons who participated in
the work, a description of the plugging
work, and a certification by the
petitioner that the well has been
plugged as described.
II. The petitioner proposes to use the
following procedures for mining
through a plugged vertical to horizontal
oil or gas well by the continuous mining
method:
(1) Prior to mining within 300 feet of
the well, the MSHA District Office will
be notified verbally and with a letter
and a drawing detailing the well
location. If according to the down-hole
deviation survey a plugged well is
found to be located within 20 feet of
projected mining, the procedures and
safeguards listed below will be utilized.
All distances will be measured along a
line drawn perpendicular to the entry or
crosscut being mined and the plugged
well.
(2) All personnel working
underground will be informed of the
cut-through, the evacuation, and
communication procedures to be used at
the beginning of the shift in which a
well will be cut-through. Management
will ensure that all personnel can be
promptly informed of any problem that
might develop and of evacuation (if
required) during the well cut-through.
(3) The mining through will be done
at a time when only those miners
actually engaged in the mining-through
operation, and those necessary to
operate ancillary equipment (haulage,
conveyors, ventilation, etc.) are within
1,000 feet of the location of the well (on
the intake side) being cut-through. No
persons will be allowed in the section
return downwind of the cut-through,
but will be allowed in the return
downwind of the location where the
section return mixes with another return
split of air if this point is more than
1,000 feet from the location of the well.
When the distance from the well is
within 10 feet of touching the wellbore,
all workers and responsible persons will
be notified and no mining will be done
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
30179
until all persons except those
mentioned above have been withdrawn
outby the affected area. The well will be
surveyed and located as to know when
to stop mining.
(4) When mining approaches within
10 feet of cutting into the plugged well,
a designated person in each operating
section will be posted near the section
phone (within hearing distance), or
monitoring a radio on a designated
channel until the cut-through is
complete and an ‘‘ALL CLEAR’’
command is given. All miners in the
outby areas of the mine will be working
at known locations within radio or
telephone communications. There will
be no activities in remote areas without
communications, ensuring quick
evacuation of the mine in the event of
any emergency at the cut-through area.
The communication system will be
checked at the beginning of the shift and
within 10 feet of the cut-through.
(5) Firefighting equipment, including
fire extinguishers, rock dust and enough
fire hose to reach the working face will
be available near the working area.
(6) Sufficient supplies of roof support
and ventilation materials will be
available near the working area.
(7) A minimum of 5,000 cubic feet of
air per minute will be used to ventilate
the working face during the miningthrough operation. The ventilation plan
and methane and dust control plan will
be complied with.
(8) The equipment will be checked for
permissibility and serviced on the shift
prior to mining through the well.
(9) The methane monitor on the
continuous mining machine will be
calibrated on the shift prior to mining
through the well. The calibration may
be checked during the first half of the
shift if the well is to be intersected
during the section half of the shift.
(10) Drivage sights will be installed at
the last open crosscut near the place to
be mined to ensure intersection of the
well. A laser or additional drivage sights
will be used to ensure that the sight line
is not more than 50 feet from the well.
(11) The working place 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.
(12) Tests for methane will be made
with a hand-held methane detector and
a probe at least every 10 minutes when
mining within 30 feet of the well. These
methane tests will continue until the gas
well is intersected. A test for methane
will also be made immediately prior to
the anticipated mining through of the
gas well.
E:\FR\FM\27MYN1.SGM
27MYN1
sroberts on DSK5SPTVN1PROD with NOTICES
30180
Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Notices
(13) Immediately after the well is
intersected, all equipment located in or
inby the last open crosscut such as the
continuous mining machine, the loader,
the shuttle car, the face fan and roof
bolter machine will be de-energized and
the place thoroughly examined and
determined safe by a certified foreman
before mining is resumed. The face fan
may be left energized to ventilate the
working place provided someone is
stationed at the discharge end of the fan
and is continuously monitoring the
methane. If the methane level in the
discharge of the fan reaches one percent,
the fan will be deenergized. Any well
casing will be removed and no open
flame will be permitted in the area until
adequate ventilation has been
established around the well. After the
well cut-through is complete and the
area is determined safe by a certified
person, the miners outby the affected
area may enter the section return and
the affected area.
(14) The mining-through operation
will be under the direct supervision of
the mine foreman or a certified person
designated by the mine foreman.
Instructions concerning the miningthrough operation will be issued only by
the mine foreman or the certified person
designated by the mine foreman to be in
charge.
(15) The MSHA field office will be
notified in sufficient time prior to
mining-through, to have a representative
present during the actual miningthrough if necessary.
(16) The mining procedures and a
drawing of the area will be reviewed
with all personnel involved in the
mining-through operation prior to the
intersection of the plugged well.
III. The petitioner proposes to use
following procedures and safeguards for
mining past a plugged gas or oil well by
the continuous mining method (greater
than 20 feet away but less than 30 feet):
(a) If through mapping and plotting of
a down-hole deviation survey of a
plugged oil or gas well, mining will be
greater than 20 feet away but less than
30 feet away from the well as measured
from projected rib line, the following
plan will be used:
(1) Prior to mining within 300 feet of
the well, the MSHA District Office will
be notified verbally and with a letter
and a drawing detailing the well
location.
(2) When mining is within 30 feet of
a line drawn perpendicular to the entry
or crosscut being mined and the plugged
well, tests of methane will be made with
a hand-held methane detector and a
probe at least every 10 minutes. These
methane tests will continue until
VerDate Mar<15>2010
19:12 May 23, 2014
Jkt 232001
mining has progressed to a point inby
the perpendicular line.
(3) All other cut-through procedures
do not apply to plugged oil or gas wells
greater than 20 feet away but less than
30 feet away from projected mining.
IV. The petitioner proposes to use the
following procedures and safeguards for
mining past a plugged gas or oil well by
the continuous mining method (greater
than 30 feet):
(a) If through mapping and plotting of
a down-hole deviation survey of a
plugged oil or gas well, mining will be
greater than 30 feet from the well as
measured from projected rib line, the
following plan will be used:
(1) Prior to mining within 300 feet of
the well, the MSHA District Office will
be notified verbally and with a letter
and a drawing detailing the well
location.
(2) Cut-through procedures do not
apply to plugged oil or gas wells greater
than 30 feet away from projected
mining.
V. The petitioner proposes to use the
following procedures and safeguards for
mining through a plugged gas or oil well
by the longwall mining method:
(1) Prior to mining within 300 feet of
the well, the MSHA District Office will
be notified verbally and with a letter
and a drawing detailing the well
location.
(2) All personnel working
underground will be informed of the
cut-through, the evacuation, and
communication procedures to be used at
the beginning of the shift in which a
well will be cut-through. Management
will ensure that all personnel can be
promptly informed of any problem that
might develop and of evacuation (if
required) during the well cut-through.
(3) The mining through will be done
at a time when only those miners
actually engaged in the mining-through
operation, and those necessary to
operate ancillary equipment (haulage,
conveyors, ventilation, etc.) are within
1,000 feet of the longwall face. When
the distance from the well is within 10
feet of touching the wellbore, all
workers or responsible persons will be
notified and no mining will be done
within 20 feet on either side of the well
until all persons except those
mentioned above have been withdrawn
outby the affected area. The well will be
surveyed and located to know when to
stop mining.
(4) When mining approaches within
10 feet of cutting into the plugged well,
a designated person in each operating
section will be posted near the section
phone (within hearing distance), or
monitoring a radio on a designated
channel until the cut-through is
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
complete and an ‘‘ALL CLEAR’’
command is given by a certified person.
All miners in the outby areas of the
mine will be working at known
locations within radio or telephone
communications. There will be no
activities in remote areas without
communications, ensuring quick
evacuation of the mine in the event of
any emergency at the cut-through area.
The communication system will be
checked at the beginning of the shift and
when within 10 feet of the cut-through.
(5) Firefighting equipment, including
fire extinguishers, rock dust and enough
fire hose to reach the working face will
be available in the immediate area of the
longwall.
(6) Sufficient supplies of roof support
and ventilation materials will be
available in the immediate area of the
longwall.
(7) The latest approved ventilation
plan requirement for air reaching the
longwall face and required face
velocities will be maintained during the
mining-through operation. The
ventilation plan and methane and dust
control plan will be complied with.
(8) Equipment will be checked for
permissibility and serviced on the shift
prior to mining through the well.
(9) The methane monitors on the
longwall will be calibrated on the shift
prior to mining through the well. The
calibration may be checked during the
first half of the shift if the well is to be
intersected during the section half of the
shift.
(10) Special location spads will be in
the tailgate and headgate entries to
define the exact location of the plugged
well. An additional spad or marked area
will be installed 20 feet from the
location. In addition, the shields
adjacent to a 10 foot radius of the well
will be identified.
(11) A normal mining rate will be
maintained across the longwall face
except in the area defined by a 10 foot
radius of the plugged well. Mining
through this area will be done at a
reduced mining rate until the wellbore
is contacted.
(12) When mining is in progress and
the longwall face is within 10 feet of the
well, tests for methane will be made
with a hand-held methane detector on
every pass across the longwall face or at
a maximum of every 10 minutes. These
tests will be made until the well is
intersected.
(13) Immediately after the well is
intersected, all equipment on the
longwall face such as the shearer, the
stageloader and the face conveyor will
be deenergized and the place thoroughly
examined by a certified foreman and
determined safe before mining is
E:\FR\FM\27MYN1.SGM
27MYN1
sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Notices
resumed. Any well casing will be
removed and no open flame will be
permitted in the area until adequate
ventilation has been established around
the well. After the well cut-through is
complete and the area is determined
safe, the miners may enter the affected
area.
(14) The mining-through operation
will be under the direct supervision of
the mine foreman or a certified person
designated by the mine foreman.
Instructions concerning the miningthrough operation will be issued only by
the mine foreman or the certified person
designated by the mine foreman to be in
charge.
(15) The MSHA field office will be
notified in sufficient time prior to
mining-through, to have a representative
present during the actual miningthrough if necessary.
(16) The mining procedures and a
drawing of the area will be reviewed
with all personnel involved in the
mining-through operation prior to the
intersection of the plugged well.
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–2014–014–C.
Petitioner: Sebastian Management,
LLC, 1100 South Pine Street, P.O. Box
339, Hartford, Arizona 72938.
Mine: Sebastian Mine, MSHA I.D. No.
03–01736, located in Sebastian County,
Arizona.
Regulation Affected: 30 CFR
75.380(d)(3) (Escapeways; bituminous
and lignite mines).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance for a secondary
escapeway in lieu of the existing
standard. The petitioner states that:
(1) The Sebastian Mine’s secondary
escapeway at crosscut 14 above the #3
intake entry of Main South over the
overcast located there currently
measures 33 inches high (at its lowest
point on an incline with increasing
height for clearance) with 20 feet of
width.
(2) The coal seam’s thickness, plus
additional height taken for support,
averages 60 inches.
(3) The stable roof and related support
in the area have been in place since
2007.
(4) Both the roof and floor is solid
sandstone in the area and require
inadvisable drilling and shooting that
could destabilize conditions if
additional height was sought for the
reference safety standards compliance
by those methods.
VerDate Mar<15>2010
19:12 May 23, 2014
Jkt 232001
(5) Shooting would require shutting
down ventilation, short-circuiting
almost the entire mine, killing power,
not pumping, and placing the whole
mine in potential distress and jeopardy.
(6) Relocating the mines secondary
escapeway is not a reasonable option at
this time.
(7) Based on the experience of a 5man stretcher test conducted in this
specific area, as well as over the
subsequent three overcasts at the
request and under the timed observation
of an MSHA inspector, the petitioner
proposes an alternative method of
compliance.
(a) A successful test of the proposed
alternative method occurred on
February 27, 2014, when four Sebastian
miners carried a fifth miner across all
four overcasts in a timely manner
approximately six and one-half minutes.
(b) To negotiate the 33 inch overcast
space at crosscut 14 above the #3 intake
entry of the Main South, the miner
strapped on the stretcher was placed on
two (2) four wheeled dollies and
efficiently, and effectively transported
by the other 4 miners across the area of
concern in a very safe and timely
manner. Most, if not all, mine rescue
stretchers are wheeled.
(c) The stretchers are routinely slid
through man-doors and otherwise used
to transport, or train for transporting,
injured miners without any requirement
of 100 percent ‘‘carrying’’ as a
misreading of the referenced standard
might imply.
(d) Moving someone on a stretcher
carefully on wheels can be much safer,
quicker, more efficient and effective
under difficult conditions or
circumstances than manually carrying
an injured person on a stretcher.
The petitioner further states that:
(1) The operator will at all times
maintain two (2) low profile fourwheeled dollies in good working order
and leave them at that location for
potential use if required. The dollies
will be checked monthly during mine
rescue practices to confirm continual
suitability for use as contingently
intended.
(2) Additionally, a clear travelway
will be maintained at all times for
miners’ regular use and for their
potential use in transporting anyone
injured through this area of the
secondary escapeway.
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.
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
30181
Dated: May 16, 2014.
Sheila McConnell,
Acting Director, Office of Standards,
Regulations and Variances.
[FR Doc. 2014–12113 Filed 5–23–14; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2005–0022]
¨
¨
TUV SUD Product Services GmbH:
Application for Expansion of
Recognition
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
In this notice, OSHA
¨
¨
announces the application of TUV SUD
Product Services GmbH (TUVPSG) for
expansion of its recognition as a
Nationally Recognized Testing
Laboratory (NRTL) and presents the
Agency’s preliminary finding to grant
the application.
DATES: Submit comments, information,
and documents in response to this
notice, or requests for an extension of
time to make a submission, on or before
June 11, 2014.
ADDRESSES: Submit comments by any of
the following methods:
1. Electronically: Submit comments
and attachments electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for making
electronic submissions.
2. Facsimile: If submissions,
including attachments, are not longer
than 10 pages, commenters may fax
them to the OSHA Docket Office at (202)
693–1648.
3. Regular or express mail, hand
delivery, or messenger (courier) service:
Submit comments, requests, and any
attachments to the OSHA Docket Office,
Docket No. OSHA–2005–0022,
Technical Data Center, U.S. Department
of Labor, 200 Constitution Avenue NW.,
Room N–2625, Washington, DC 20210;
telephone: (202) 693–2350 (TTY
number: (877) 889–5627). Note that
security procedures may result in
significant delays in receiving
comments and other written materials
by regular mail. Contact the OSHA
Docket Office for information about
security procedures concerning delivery
of materials by express delivery, hand
delivery, or messenger service. The
hours of operation for the OSHA Docket
Office are 8:15 a.m.–4:45 p.m., e.t.
SUMMARY:
E:\FR\FM\27MYN1.SGM
27MYN1
Agencies
[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Notices]
[Pages 30172-30181]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12113]
-----------------------------------------------------------------------
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 June 26, 2014.
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: Sheila McConnell, Acting 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-2014-009-C.
Petitioner: Bridger Coal Company, 1088 Nine Mile Road, Point of
Rocks, Wyoming 82942.
Mine: Bridger Underground Coal Mine, MSHA I.D. No. 48-01646,
located in Sweetwater County, Wyoming.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance) and 18.35(a)(5)(i) (Portable trailing cables
and cords).
Modification Request: The petitioner requests a modification of the
existing standard to permit an increase of the maximum allowable length
of trailing cables for supplying power to continuous mining machines,
roof bolting machines, electric shuttle cars, feeder breakers, and
auxiliary fans at the Bridger Underground Coal Mine. The petitioner
states that:
(1) The maximum lengths of the trailing cables supplying power to
three-phase 995-volt continuous mining machines will be 1,100 feet and
those supplying power to three-phase 995-volt roof bolting machines,
feeder breakers, and auxiliary fans will be 1,000 feet.
(2) The trailing cables for the 995-volt continuous mining machines
and feeder breakers will not be smaller than 2/0 American Wire
Gauge (AWG), SHD-GC. The trailing cables for the 995-volt roof bolting
machines and auxiliary fans will not be smaller than 2 AWG,
SHD-GC.
(3) 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 amperes. The trip setting of these circuit
breakers will be sealed so that the setting cannot be changed and these
circuit breakers will have permanent, legible labels. Each label will
identify the circuit breaker as being suitable for protecting
2/0 AWG cables. The labels will be maintained legible.
(4) Replacement circuit breakers and/or instantaneous trip units
used to protect 2/0 AWG trailing cables will be
[[Page 30173]]
calibrated to trip at 1500 amperes and this setting will be sealed. A
certification tag showing the maximum amps and the date certified by
Intermountain Electronics of other MSHA-acceptable vendor will be
attached to the circuit breaker or trip unit.
(5) The maximum length of the trailing cables supplying power to
the three-phase 480-volt shuttle car(s) will not exceed 1,000 feet and
will not be smaller than 2 AWG. Extended length trailing
cable(s) used on shuttle cars will be three conductor round cable, Type
G-GC, G, or 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.
(6) All circuit breakers used to protect 2 AWG trailing
cables exceeding 700 feet in length will have instantaneous trip units
calibrated to trip at 800 amperes. The trip setting of these circuit
breakers will be sealed or locked, and these circuit breakers will have
permanent, legible labels. Each label will identify the circuit breaker
as being suitable for protecting 2 AWG cables. The labels will
be maintained legible.
(7) Replacement and/or instantaneous trip units used to protect
2 AWG trailing cables will be calibrated to trip at 800
amperes and this setting will be sealed. A certification tag showing
the maximum amps and the date certified by Intermountain Electronics or
another MSHA-acceptable vendor will be attached to the circuit breaker
or trip unit.
(8) All components that provide short-circuit protection will have
a sufficient interruption rating in accordance with the maximum
calculated fault currents available. Short-circuit current setting must
not exceed 75 percent of the minimum available current.
(9) The trailing cable for the continuous mining machines,
auxiliary fans, and feeder breakers will be hung on well-insulated
hangers from the section power center to the slack pile of the trailing
cable for each machine or to the last open crosscut, whichever is
further outby.
(10) During each production shift, persons designated by the mine
operator will visually examine the trailing cables to ensure that the
cables are in safe operating condition and that the instantaneous
settings of the specially-calibrated circuit breaker settings, as
stipulated previously, do not have seals removed or tampered with. The
examination must verify that the cables are hung on insulated hangers
and that excessive cable is not stored on the roof bolter and shuttle
car cable reel(s). Any discrepancies must be corrected prior to
operation.
(11) Permanent warning labels will be installed and maintained on
the cover of the power center identifying the location of each sealed
short-circuit protective device. These labels will warn miners not to
change or alter these sealed short-circuit settings.
(12) 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. Also,
additional precautions will be taken to ensure that the cable is
protected and maintained in safe operating condition.
(13) The alternative method will not be implemented until all
miners who have been designated to examine the integrity of seals,
verify the short-circuit settings, and examine trailing cables for
defects have received the elements of training contained in this
petition.
(14) Within 60 days after the proposed decision and order becomes
final, the petitioner will submit proposed revisions for their approved
30 CFR part 48 training plans to the District Manager. These revisions
will specify task training for miners designated to examine the
trailing cables for safe operating condition and verify that the short-
circuit settings of the circuit-interrupting devices that protect the
affecting trailing cables do not exceed the settings specified
previously in this petition. The training will include the following
elements:
(a) The hazards of setting the short circuit interrupting device
too high to adequately protect the trailing cables.
(b) How to verify that the circuit interrupting device(s)
protecting the trailing cable(s) are properly set and maintained.
(c) Mining methods and operating procedures that will protect the
trailing cables against damage.
(d) Proper procedures for examining the trailing cables to ensure
that the cables are in safe operating condition by visually inspecting
the entire cable, observing the insulation, the integrity of splices,
and any nicks or abrasions.
The petitioner asserts that the proposed alternative method will at
all times guarantee at least the same measure of protection to the
miners as would be provided by the existing standard.
Docket Number: M-2014-010-C.
Petitioner: Bridger Coal Company, P.O. Box 68, Point of Rocks,
Wyoming.
Mine: Bridger Underground Coal Mine, MSHA I.D. No. 48-01646,
located in Sweetwater County, Wyoming.
Regulation Affected: (30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of practical and accurate
surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Coal mining by its nature and size
and absolute necessity for accuracy requires accurate surveying
measurements be completed in a very timely manner. The petitioner
proposes the following as an alternative to the existing standard:
(a) Nonpermissible electronic surveying equipment will be used when
the equivalent permissible electronic surveying equipment is not
available. Such nonpermissible surveying equipment includes portable
battery-operated total station surveying equipment, transits, distance
meters, and data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(i) Checking the electronic surveying equipment for any obvious
physical damage, including the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(c) The results of such examinations will be recorded and retained
for six months and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in or inby the last open
crosscut.
(e) Nonpermissible surveying equipment will not be used if methane
[[Page 30174]]
is detected in concentrations at or above one percent for the area
being surveyed.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment will be changed out or
charged in fresh air outby the last open crosscut.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards associated with the use of
nonpermissible surveying equipment in areas where methane could be
present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
Within 60 days after the proposed decision and order becomes final,
the petitioner will submit proposed revisions to the approved part 48
training plan to the District Manager. These proposed revisions will
include the initial and refresher training regarding compliance with
the terms and conditions stated in the proposed decision and order.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2014-011-C.
Petitioner: CONSOL Pennsylvania Coal Company, LLC, CONSOL Energy
Inc., CNX Center, 1000 CONSOL Energy Drive, Canonsburg, Pennsylvania
15317-6506.
Mine: Enlow Fork Mine, MSHA I.D. No. 36-07416, located in Greene
County, Pennsylvania.
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 vertical to horizontal oil and gas wells. The petitioner
proposes to plug vertical to horizontal oil and gas shale wells to mine
through them.
I. The petitioner proposes to use the following procedures for
preparing and plugging vertical to horizontal oil and gas shale wells:
(a) When preparing and plugging vertical to horizontal oil and gas
shale wells that has not been previously plugged, the petitioner
proposes to use the following procedure to ensure that no gas from the
well reaches the lowest mineable coal seam and to prepare the well to
be plugged for mining through the wellbore:
(1) The wellbore will be filled with water, and/or an approved
equivalent to load the hole and control the well.
(2) The vertical well will be plugged to its attainable depth using
approved mechanical bridge plug(s), cement, fly ash cement, gel, and/or
other approved materials as required by Federal and State laws,
regulations, and standards to effectively isolate and seal the oil/gas
producing zones from the vertical well to protect the mineable coal
seams and the environment to a location within the wellbore
approximately 200 feet below the lowest mineable coal seam.
(3) An affidavit of the vertical well plugging will be provided to
the coal mining regulatory agencies.
(b) The petitioner proposes to use the following procedure to
prepare the plugged well for mining through when the well has been
previously plugged in accordance with Federal and State laws,
regulations, and standards to effectively isolate and seal the oil/gas
producing zones from the vertical well to protect the mineable coal
seams and the environment.
(1) An affidavit of the original well plugging will be thoroughly
reviewed and provided to the coal mining regulatory agencies.
(2) The well will be effectively cleaned to a depth that would
permit placement of at least 200 feet of expanding cement below the
base of the lowest mineable coal seam.
(c) The petitioner proposes to use the following procedures to
complete the well plugging and prepare the well for mine-through when a
well has been effectively plugged in accordance with Federal and State
laws, regulations, and standards to effectively isolate and seal the
oil/gas producing zones to a location within the wellbore approximately
200 feet from the lowest mineable coal seam:
(1) A suite of logs will be made consisting of a caliper survey,
directional deviation survey, and log(s) suitable for determining the
top and bottom of the lowest mineable coal seam and potential
hydrocarbon-producing strata.
(2) The wellbore will be effectively cleaned to a depth at least
200 feet below the lowest mineable coal seam and the wellbore will be
filled and circulated with a gel to inhibit the flow of any gases,
support the wellbore, and aid the introduction of the expanding cement.
(3) The well casing(s) will be effectively milled, cut, or
perforated from the inner casing to the geologic strata at locations
approximately 200 feet and approximately 100 feet below the lowest
mineable coal seam.
(4) The well casing(s) will be effectively milled or cut
sufficiently below, throughout, and above the coal seam to be mined to
enable the coal seam to be safely and effectively mined through the
plugged wellbore.
(5) A minimum of 200 feet of expanding cement will be effectively
placed in the wellbore below the lowest mineable coal seam and to a
point not less than 100 feet above the top of the highest mineable coal
seam.
(6) Expanding cement, Portland cement, a cement fly ash mixture, or
an approved equivalent, will be effectively placed from the top of the
expanding cement to the surface.
(7) A monument with an API number will be installed at the plugged
well location.
(8) An affidavit will be filed setting forth the persons who
participated in the work, a description of the plugging work, and a
certification by the petitioner that the well has been plugged as
described.
II. The petitioner proposes to use the following procedures for
mining through a plugged vertical to horizontal oil or gas well by the
continuous mining method:
(1) Prior to mining within 300 feet of the well, the MSHA District
Office will be notified verbally and with a letter and a drawing
detailing the well location. If according to the down-hole deviation
survey a plugged well is found to be located within 20 feet of
projected mining, the procedures and safeguards listed below will be
utilized. All distances will be measured along a line drawn
perpendicular to the entry or crosscut being mined and the plugged
well.
(2) All personnel working underground will be informed of the cut-
through, the evacuation, and communication procedures to be used at the
beginning of the shift in which a well will be cut-through. Management
will ensure that all personnel can be promptly informed of any problem
that might develop and of evacuation (if required) during the well cut-
through.
(3) The mining through will be done at a time when only those
miners actually engaged in the mining-through operation, and those
necessary to operate ancillary equipment (haulage, conveyors,
ventilation, etc.) are within 1,000 feet of the location of the well
(on the intake side) being cut-through. No persons will be allowed in
the section return downwind of the cut-through, but will be allowed in
the return downwind of the location where the section return mixes with
another return
[[Page 30175]]
split of air if this point is more than 1,000 feet from the location of
the well. When the distance from the well is within 10 feet of touching
the wellbore, all workers and responsible persons will be notified and
no mining will be done until all persons except those mentioned above
have been withdrawn outby the affected area. The well will be surveyed
and located as to know when to stop mining.
(4) When mining approaches within 10 feet of cutting into the
plugged well, a designated person in each operating section will be
posted near the section phone (within hearing distance), or monitoring
a radio on a designated channel until the cut-through is complete and
an ``ALL CLEAR'' command is given. All miners in the outby areas of the
mine will be working at known locations within radio or telephone
communications. There will be no activities in remote areas without
communications, ensuring quick evacuation of the mine in the event of
any emergency at the cut-through area. The communication system will be
checked at the beginning of the shift and within 10 feet of the cut-
through.
(5) Firefighting equipment, including fire extinguishers, rock dust
and enough fire hose to reach the working face will be available near
the working area.
(6) Sufficient supplies of roof support and ventilation materials
will be available near the working area.
(7) A minimum of 5,000 cubic feet of air per minute will be used to
ventilate the working face during the mining-through operation. The
ventilation plan and methane and dust control plan will be complied
with.
(8) The equipment will be checked for permissibility and serviced
on the shift prior to mining through the well.
(9) The methane monitor on the continuous mining machine will be
calibrated on the shift prior to mining through the well. The
calibration may be checked during the first half of the shift if the
well is to be intersected during the section half of the shift.
(10) Drivage sights will be installed at the last open crosscut
near the place to be mined to ensure intersection of the well. A laser
or additional drivage sights will be used to ensure that the sight line
is not more than 50 feet from the well.
(11) The working place 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.
(12) Tests for methane will be made with a hand-held methane
detector and a probe at least every 10 minutes when mining within 30
feet of the well. These methane tests will continue until the gas well
is intersected. A test for methane will also be made immediately prior
to the anticipated mining through of the gas well.
(13) Immediately after the well is intersected, all equipment
located in or inby the last open crosscut such as the continuous mining
machine, the loader, the shuttle car, the face fan and roof bolter
machine will be de-energized and the place thoroughly examined and
determined safe by a certified foreman before mining is resumed. The
face fan may be left energized to ventilate the working place provided
someone is stationed at the discharge end of the fan and is
continuously monitoring the methane. If the methane level in the
discharge of the fan reaches one percent, the fan will be deenergized.
Any well casing will be removed and no open flame will be permitted in
the area until adequate ventilation has been established around the
well. After the well cut-through is complete and the area is determined
safe by a certified person, the miners outby the affected area may
enter the section return and the affected area.
(14) The mining-through operation will be under the direct
supervision of the mine foreman or a certified person designated by the
mine foreman. Instructions concerning the mining-through operation will
be issued only by the mine foreman or the certified person designated
by the mine foreman to be in charge.
(15) The MSHA field office will be notified in sufficient time
prior to mining-through, to have a representative present during the
actual mining-through if necessary.
(16) The mining procedures and a drawing of the area will be
reviewed with all personnel involved in the mining-through operation
prior to the intersection of the plugged well.
III. The petitioner proposes to use following procedures and
safeguards for mining past a plugged gas or oil well by the continuous
mining method (greater than 20 feet away but less than 30 feet):
(a) If through mapping and plotting of a down-hole deviation survey
of a plugged oil or gas well, mining will be greater than 20 feet away
but less than 30 feet away from the well as measured from projected rib
line, the following plan will be used:
(1) Prior to mining within 300 feet of the well, the MSHA District
Office will be notified verbally and with a letter and a drawing
detailing the well location.
(2) When mining is within 30 feet of a line drawn perpendicular to
the entry or crosscut being mined and the plugged well, tests of
methane will be made with a hand-held methane detector and a probe at
least every 10 minutes. These methane tests will continue until mining
has progressed to a point inby the perpendicular line.
(3) All other cut-through procedures do not apply to plugged oil or
gas wells greater than 20 feet away but less than 30 feet away from
projected mining.
IV. The petitioner proposes to use the following procedures and
safeguards for mining past a plugged gas or oil well by the continuous
mining method (greater than 30 feet):
(a) If through mapping and plotting of a down-hole deviation survey
of a plugged oil or gas well, mining will be greater than 30 feet from
the well as measured from projected rib line, the following plan will
be used:
(1) Prior to mining within 300 feet of the well, the MSHA District
Office will be notified verbally and with a letter and a drawing
detailing the well location.
(2) Cut-through procedures do not apply to plugged oil or gas wells
greater than 30 feet away from projected mining.
V. The petitioner proposes to use the following procedures and
safeguards for mining through a plugged gas or oil well by the longwall
mining method:
(1) Prior to mining within 300 feet of the well, the MSHA District
Office will be notified verbally and with a letter and a drawing
detailing the well location.
(2) All personnel working underground will be informed of the cut-
through, the evacuation, and communication procedures to be used at the
beginning of the shift in which a well will be cut-through. Management
will ensure that all personnel can be promptly informed of any problem
that might develop and of evacuation (if required) during the well cut-
through.
(3) The mining through will be done at a time when only those
miners actually engaged in the mining-through operation, and those
necessary to operate ancillary equipment (haulage, conveyors,
ventilation, etc.) are within 1,000 feet of the longwall face. When the
distance from the well is within 10 feet of touching the wellbore, all
workers or responsible persons will be notified and no mining will be
done within 20 feet on either side of the well until all persons except
those mentioned above have been withdrawn outby the affected area. The
well will be surveyed and located to know when to stop mining.
(4) When mining approaches within 10 feet of cutting into the
plugged well, a designated person in each operating
[[Page 30176]]
section will be posted near the section phone (within hearing
distance), or monitoring a radio on a designated channel until the cut-
through is complete and an ``ALL CLEAR'' command is given by a
certified person. All miners in the outby areas of the mine will be
working at known locations within radio or telephone communications.
There will be no activities in remote areas without communications,
ensuring quick evacuation of the mine in the event of any emergency at
the cut-through area. The communication system will be checked at the
beginning of the shift and when within 10 feet of the cut-through.
(5) Firefighting equipment, including fire extinguishers, rock dust
and enough fire hose to reach the working face will be available in the
immediate area of the longwall.
(6) Sufficient supplies of roof support and ventilation materials
will be available in the immediate area of the longwall.
(7) The latest approved ventilation plan requirement for air
reaching the longwall face and required face velocities will be
maintained during the mining-through operation. The ventilation plan
and methane and dust control plan will be complied with.
(8) Equipment will be checked for permissibility and serviced on
the shift prior to mining through the well.
(9) The methane monitors on the longwall will be calibrated on the
shift prior to mining through the well. The calibration may be checked
during the first half of the shift if the well is to be intersected
during the section half of the shift.
(10) Special location spads will be in the tailgate and headgate
entries to define the exact location of the plugged well. An additional
spad or marked area will be installed 20 feet from the location. In
addition, the shields adjacent to a 10 foot radius of the well will be
identified.
(11) A normal mining rate will be maintained across the longwall
face except in the area defined by a 10 foot radius of the plugged
well. Mining through this area will be done at a reduced mining rate
until the wellbore is contacted.
(12) When mining is in progress and the longwall face is within 10
feet of the well, tests for methane will be made with a hand-held
methane detector on every pass across the longwall face or at a maximum
of every 10 minutes. These tests will be made until the well is
intersected.
(13) Immediately after the well is intersected, all equipment on
the longwall face such as the shearer, the stageloader and the face
conveyor will be deenergized and the place thoroughly examined by a
certified foreman and determined safe before mining is resumed. Any
well casing will be removed and no open flame will be permitted in the
area until adequate ventilation has been established around the well.
After the well cut-through is complete and the area is determined safe,
the miners may enter the affected area.
(14) The mining-through operation will be under the direct
supervision of the mine foreman or a certified person designated by the
mine foreman. Instructions concerning the mining-through operation will
be issued only by the mine foreman or the certified person designated
by the mine foreman to be in charge.
(15) The MSHA field office will be notified in sufficient time
prior to mining-through, to have a representative present during the
actual mining-through if necessary.
(16) The mining procedures and a drawing of the area will be
reviewed with all personnel involved in the mining-through operation
prior to the intersection of the plugged well.
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-2014-012-C.
Petitioner: CONSOL Pennsylvania Coal Company, LLC, CONSOL Energy
Inc., CNX Center, 1000 CONSOL Energy Drive, Canonsburg, Pennsylvania
15317-6506.
Mine: Bailey Mine, MSHA I.D. No. 36-07230, located in Greene
County, Pennsylvania.
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 vertical to horizontal oil and gas wells. The petitioner
proposes to plug vertical to horizontal oil and gas shale wells to mine
through them.
I. The petitioner proposes to use the following procedures for
preparing and plugging vertical to horizontal oil and gas shale wells:
(a) When preparing and plugging vertical to horizontal oil and gas
shale wells that has not been previously plugged, the petitioner
proposes to use the following procedure to ensure that no gas from the
well reaches the lowest mineable coal seam and to prepare the well to
be plugged for mining through the wellbore:
(1) The wellbore will be filled with water, and/or an approved
equivalent to load the hole and control the well.
(2) The vertical well will be plugged to its attainable depth using
approved mechanical bridge plug(s), cement, fly ash cement, gel, and/or
other approved materials as required by Federal and State laws,
regulations, and standards to effectively isolate and seal the oil/gas
producing zones from the vertical well to protect the mineable coal
seams and the environment to a location within the wellbore
approximately 200 feet below the lowest mineable coal seam.
(3) An affidavit of the vertical well plugging will be provided to
the coal mining regulatory agencies.
(b) The petitioner proposes to use the following procedure to
prepare the plugged well for mining through when the well has been
previously plugged in accordance with Federal and State laws,
regulations, and standards to effectively isolate and seal the oil/gas
producing zones from the vertical well to protect the mineable coal
seams and the environment.
(1) An affidavit of the original well plugging will be thoroughly
reviewed and provided to the coal mining regulatory agencies.
(2) The well will be effectively cleaned to a depth that would
permit placement of at least 200 feet of expanding cement below the
base of the lowest mineable coal seam.
(c) The petitioner proposes to use the following procedures to
complete the well plugging and prepare the well for mine-through when a
well has been effectively plugged in accordance with Federal and State
laws, regulations, and standards to effectively isolate and seal the
oil/gas producing zones to a location within the wellbore approximately
200 feet from the lowest mineable coal seam:
(1) A suite of logs will be made consisting of a caliper survey,
directional deviation survey, and log(s) suitable for determining the
top and bottom of the lowest mineable coal seam and potential
hydrocarbon-producing strata.
(2) The wellbore will be effectively cleaned to a depth at least
200 feet below the lowest mineable coal seam and the wellbore will be
filled and circulated with a gel to inhibit the flow of any gases,
support the wellbore, and aid the introduction of the expanding cement.
(3) The well casing(s) will be effectively milled, cut, or
perforated from the inner casing to the geologic strata at locations
approximately 200 feet and approximately 100 feet below the lowest
mineable coal seam.
[[Page 30177]]
(4) The well casing(s) will be effectively milled or cut
sufficiently below, throughout, and above the coal seam to be mined to
enable the coal seam to be safely and effectively mined through the
plugged wellbore.
(5) A minimum of 200 feet of expanding cement will be effectively
placed in the wellbore below the lowest mineable coal seam and to a
point not less than 100 feet above the top of the highest mineable coal
seam.
(6) Expanding cement, Portland cement, a cement fly ash mixture, or
an approved equivalent, will be effectively placed from the top of the
expanding cement to the surface.
(7) A monument with an API number will be installed at the plugged
well location.
(8) An affidavit will be filed setting forth the persons who
participated in the work, a description of the plugging work, and a
certification by the petitioner that the well has been plugged as
described.
II. The petitioner proposes to use the following procedures for
mining through a plugged vertical to horizontal oil or gas well by the
continuous mining method:
(1) Prior to mining within 300 feet of the well, the MSHA District
Office will be notified verbally and with a letter and a drawing
detailing the well location. If according to the down-hole deviation
survey a plugged well is found to be located within 20 feet of
projected mining, the procedures and safeguards listed below will be
utilized. All distances will be measured along a line drawn
perpendicular to the entry or crosscut being mined and the plugged
well.
(2) All personnel working underground will be informed of the cut-
through, the evacuation, and communication procedures to be used at the
beginning of the shift in which a well will be cut-through. Management
will ensure that all personnel can be promptly informed of any problem
that might develop and of evacuation (if required) during the well cut-
through.
(3) The mining through will be done at a time when only those
miners actually engaged in the mining-through operation, and those
necessary to operate ancillary equipment (haulage, conveyors,
ventilation, etc.) are within 1,000 feet of the location of the well
(on the intake side) being cut-through. No persons will be allowed in
the section return downwind of the cut-through, but will be allowed in
the return downwind of the location where the section return mixes with
another return split of air if this point is more than 1,000 feet from
the location of the well. When the distance from the well is within 10
feet of touching the wellbore, all workers and responsible persons will
be notified and no mining will be done until all persons except those
mentioned above have been withdrawn outby the affected area. The well
will be surveyed and located as to know when to stop mining.
(4) When mining approaches within 10 feet of cutting into the
plugged well, a designated person in each operating section will be
posted near the section phone (within hearing distance), or monitoring
a radio on a designated channel until the cut-through is complete and
an ``ALL CLEAR'' command is given. All miners in the outby areas of the
mine will be working at known locations within radio or telephone
communications. There will be no activities in remote areas without
communications, ensuring quick evacuation of the mine in the event of
any emergency at the cut-through area. The communication system will be
checked at the beginning of the shift and within 10 feet of the cut-
through.
(5) Firefighting equipment, including fire extinguishers, rock dust
and enough fire hose to reach the working face will be available near
the working area.
(6) Sufficient supplies of roof support and ventilation materials
will be available near the working area.
(7) A minimum of 5,000 cubic feet of air per minute will be used to
ventilate the working face during the mining-through operation. The
ventilation plan and methane and dust control plan will be complied
with.
(8) The equipment will be checked for permissibility and serviced
on the shift prior to mining through the well.
(9) The methane monitor on the continuous mining machine will be
calibrated on the shift prior to mining through the well. The
calibration may be checked during the first half of the shift if the
well is to be intersected during the section half of the shift.
(10) Drivage sights will be installed at the last open crosscut
near the place to be mined to ensure intersection of the well. A laser
or additional drivage sights will be used to ensure that the sight line
is not more than 50 feet from the well.
(11) The working place 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.
(12) Tests for methane will be made with a hand-held methane
detector and a probe at least every 10 minutes when mining within 30
feet of the well. These methane tests will continue until the gas well
is intersected. A test for methane will also be made immediately prior
to the anticipated mining through of the gas well.
(13) Immediately after the well is intersected, all equipment
located in or inby the last open crosscut such as the continuous mining
machine, the loader, the shuttle car, the face fan and roof bolter
machine will be de-energized and the place thoroughly examined and
determined safe by a certified foreman before mining is resumed. The
face fan may be left energized to ventilate the working place provided
someone is stationed at the discharge end of the fan and is
continuously monitoring the methane. If the methane level in the
discharge of the fan reaches one percent, the fan will be deenergized.
Any well casing will be removed and no open flame will be permitted in
the area until adequate ventilation has been established around the
well. After the well cut-through is complete and the area is determined
safe by a certified person, the miners outby the affected area may
enter the section return and the affected area.
(14) The mining-through operation will be under the direct
supervision of the mine foreman or a certified person designated by the
mine foreman. Instructions concerning the mining-through operation will
be issued only by the mine foreman or the certified person designated
by the mine foreman to be in charge.
(15) The MSHA field office will be notified in sufficient time
prior to mining-through, to have a representative present during the
actual mining-through if necessary.
(16) The mining procedures and a drawing of the area will be
reviewed with all personnel involved in the mining-through operation
prior to the intersection of the plugged well.
III. The petitioner proposes to use following procedures and
safeguards for mining past a plugged gas or oil well by the continuous
mining method (greater than 20 feet away but less than 30 feet):
(a) If through mapping and plotting of a down-hole deviation survey
of a plugged oil or gas well, mining will be greater than 20 feet away
but less than 30 feet away from the well as measured from projected rib
line, the following plan will be used:
(1) Prior to mining within 300 feet of the well, the MSHA District
Office will be notified verbally and with a letter and a drawing
detailing the well location.
(2) When mining is within 30 feet of a line drawn perpendicular to
the entry or crosscut being mined and the plugged well, tests of
methane will be made with a hand-held methane detector and a
[[Page 30178]]
probe at least every 10 minutes. These methane tests will continue
until mining has progressed to a point inby the perpendicular line.
(3) All other cut-through procedures do not apply to plugged oil or
gas wells greater than 20 feet away but less than 30 feet away from
projected mining.
IV. The petitioner proposes to use the following procedures and
safeguards for mining past a plugged gas or oil well by the continuous
mining method (greater than 30 feet):
(a) If through mapping and plotting of a down-hole deviation survey
of a plugged oil or gas well, mining will be greater than 30 feet from
the well as measured from projected rib line, the following plan will
be used:
(1) Prior to mining within 300 feet of the well, the MSHA District
Office will be notified verbally and with a letter and a drawing
detailing the well location.
(2) Cut-through procedures do not apply to plugged oil or gas wells
greater than 30 feet away from projected mining.
V. The petitioner proposes to use the following procedures and
safeguards for mining through a plugged gas or oil well by the longwall
mining method:
(1) Prior to mining within 300 feet of the well, the MSHA District
Office will be notified verbally and with a letter and a drawing
detailing the well location.
(2) All personnel working underground will be informed of the cut-
through, the evacuation, and communication procedures to be used at the
beginning of the shift in which a well will be cut-through. Management
will ensure that all personnel can be promptly informed of any problem
that might develop and of evacuation (if required) during the well cut-
through.
(3) The mining through will be done at a time when only those
miners actually engaged in the mining-through operation, and those
necessary to operate ancillary equipment (haulage, conveyors,
ventilation, etc.) are within 1,000 feet of the longwall face. When the
distance from the well is within 10 feet of touching the wellbore, all
workers or responsible persons will be notified and no mining will be
done within 20 feet on either side of the well until all persons except
those mentioned above have been withdrawn outby the affected area. The
well will be surveyed and located to know when to stop mining.
(4) When mining approaches within 10 feet of cutting into the
plugged well, a designated person in each operating section will be
posted near the section phone (within hearing distance), or monitoring
a radio on a designated channel until the cut-through is complete and
an ``ALL CLEAR'' command is given by a certified person. All miners in
the outby areas of the mine will be working at known locations within
radio or telephone communications. There will be no activities in
remote areas without communications, ensuring quick evacuation of the
mine in the event of any emergency at the cut-through area. The
communication system will be checked at the beginning of the shift and
when within 10 feet of the cut-through.
(5) Firefighting equipment, including fire extinguishers, rock dust
and enough fire hose to reach the working face will be available in the
immediate area of the longwall.
(6) Sufficient supplies of roof support and ventilation materials
will be available in the immediate area of the longwall.
(7) The latest approved ventilation plan requirement for air
reaching the longwall face and required face velocities will be
maintained during the mining-through operation. The ventilation plan
and methane and dust control plan will be complied with.
(8) Equipment will be checked for permissibility and serviced on
the shift prior to mining through the well.
(9) The methane monitors on the longwall will be calibrated on the
shift prior to mining through the well. The calibration may be checked
during the first half of the shift if the well is to be intersected
during the section half of the shift.
(10) Special location spads will be in the tailgate and headgate
entries to define the exact location of the plugged well. An additional
spad or marked area will be installed 20 feet from the location. In
addition, the shields adjacent to a 10 foot radius of the well will be
identified.
(11) A normal mining rate will be maintained across the longwall
face except in the area defined by a 10 foot radius of the plugged
well. Mining through this area will be done at a reduced mining rate
until the wellbore is contacted.
(12) When mining is in progress and the longwall face is within 10
feet of the well, tests for methane will be made with a hand-held
methane detector on every pass across the longwall face or at a maximum
of every 10 minutes. These tests will be made until the well is
intersected.
(13) Immediately after the well is intersected, all equipment on
the longwall face such as the shearer, the stageloader and the face
conveyor will be deenergized and the place thoroughly examined by a
certified foreman and determined safe before mining is resumed. Any
well casing will be removed and no open flame will be permitted in the
area until adequate ventilation has been established around the well.
After the well cut-through is complete and the area is determined safe,
the miners may enter the affected area.
(14) The mining-through operation will be under the direct
supervision of the mine foreman or a certified person designated by the
mine foreman. Instructions concerning the mining-through operation will
be issued only by the mine foreman or the certified person designated
by the mine foreman to be in charge.
(15) The MSHA field office will be notified in sufficient time
prior to mining-through, to have a representative present during the
actual mining-through if necessary.
(16) The mining procedures and a drawing of the area will be
reviewed with all personnel involved in the mining-through operation
prior to the intersection of the plugged well.
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-2014-013-C.
Petitioner: CONSOL Pennsylvania Coal Company, LLC, CONSOL Energy
Inc., CNX Center, 1000 CONSOL Energy Drive, Canonsburg, Pennsylvania
15317-6506.
Mine: BMX Mine, MSHA I.D. No. 36-10045, located in Greene County,
Pennsylvania.
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 vertical to horizontal oil and gas wells. The petitioner
proposes to plug vertical to horizontal oil and gas shale wells to mine
through them.
I. The petitioner proposes to use the following procedures for
preparing and plugging vertical to horizontal oil and gas shale wells:
(a) When preparing and plugging vertical to horizontal oil and gas
shale wells that has not been previously plugged, the petitioner
proposes to use the following procedure to ensure that no gas from the
well reaches the lowest mineable coal seam and to prepare the well to
be plugged for mining through the wellbore:
(1) The wellbore will be filled with water, and/or an approved
equivalent to load the hole and control the well.
[[Page 30179]]
(2) The vertical well will be plugged to its attainable depth using
approved mechanical bridge plug(s), cement, fly ash cement, gel, and/or
other approved materials as required by Federal and State laws,
regulations, and standards to effectively isolate and seal the oil/gas
producing zones from the vertical well to protect the mineable coal
seams and the environment to a location within the wellbore
approximately 200 feet below the lowest mineable coal seam.
(3) An affidavit of the vertical well plugging will be provided to
the coal mining regulatory agencies.
(b) The petitioner proposes to use the following procedure to
prepare the plugged well for mining through when the well has been
previously plugged in accordance with Federal and State laws,
regulations, and standards to effectively isolate and seal the oil/gas
producing zones from the vertical well to protect the mineable coal
seams and the environment.
(1) An affidavit of the original well plugging will be thoroughly
reviewed and provided to the coal mining regulatory agencies.
(2) The well will be effectively cleaned to a depth that would
permit placement of at least 200 feet of expanding cement below the
base of the lowest mineable coal seam.
(c) The petitioner proposes to use the following procedures to
complete the well plugging and prepare the well for mine-through when a
well has been effectively plugged in accordance with Federal and State
laws, regulations, and standards to effectively isolate and seal the
oil/gas producing zones to a location within the wellbore approximately
200 feet from the lowest mineable coal seam:
(1) A suite of logs will be made consisting of a caliper survey,
directional deviation survey, and log(s) suitable for determining the
top and bottom of the lowest mineable coal seam and potential
hydrocarbon-producing strata.
(2) The wellbore will be effectively cleaned to a depth at least
200 feet below the lowest mineable coal seam and the wellbore will be
filled and circulated with a gel to inhibit the flow of any gases,
support the wellbore, and aid the introduction of the expanding cement.
(3) The well casing(s) will be effectively milled, cut, or
perforated from the inner casing to the geologic strata at locations
approximately 200 feet and approximately 100 feet below the lowest
mineable coal seam.
(4) The well casing(s) will be effectively milled or cut
sufficiently below, throughout, and above the coal seam to be mined to
enable the coal seam to be safely and effectively mined through the
plugged wellbore.
(5) A minimum of 200 feet of expanding cement will be effectively
placed in the wellbore below the lowest mineable coal seam and to a
point not less than 100 feet above the top of the highest mineable coal
seam.
(6) Expanding cement, Portland cement, a cement fly ash mixture, or
an approved equivalent, will be effectively placed from the top of the
expanding cement to the surface.
(7) A monument with an API number will be installed at the plugged
well location.
(8) An affidavit will be filed setting forth the persons who
participated in the work, a description of the plugging work, and a
certification by the petitioner that the well has been plugged as
described.
II. The petitioner proposes to use the following procedures for
mining through a plugged vertical to horizontal oil or gas well by the
continuous mining method:
(1) Prior to mining within 300 feet of the well, the MSHA District
Office will be notified verbally and with a letter and a drawing
detailing the well location. If according to the down-hole deviation
survey a plugged well is found to be located within 20 feet of
projected mining, the procedures and safeguards listed below will be
utilized. All distances will be measured along a line drawn
perpendicular to the entry or crosscut being mined and the plugged
well.
(2) All personnel working underground will be informed of the cut-
through, the evacuation, and communication procedures to be used at the
beginning of the shift in which a well will be cut-through. Management
will ensure that all personnel can be promptly informed of any problem
that might develop and of evacuation (if required) during the well cut-
through.
(3) The mining through will be done at a time when only those
miners actually engaged in the mining-through operation, and those
necessary to operate ancillary equipment (haulage, conveyors,
ventilation, etc.) are within 1,000 feet of the location of the well
(on the intake side) being cut-through. No persons will be allowed in
the section return downwind of the cut-through, but will be allowed in
the return downwind of the location where the section return mixes with
another return split of air if this point is more than 1,000 feet from
the location of the well. When the distance from the well is within 10
feet of touching the wellbore, all workers and responsible persons will
be notified and no mining will be done until all persons except those
mentioned above have been withdrawn outby the affected area. The well
will be surveyed and located as to know when to stop mining.
(4) When mining approaches within 10 feet of cutting into the
plugged well, a designated person in each operating section will be
posted near the section phone (within hearing distance), or monitoring
a radio on a designated channel until the cut-through is complete and
an ``ALL CLEAR'' command is given. All miners in the outby areas of the
mine will be working at known locations within radio or telephone
communications. There will be no activities in remote areas without
communications, ensuring quick evacuation of the mine in the event of
any emergency at the cut-through area. The communication system will be
checked at the beginning of the shift and within 10 feet of the cut-
through.
(5) Firefighting equipment, including fire extinguishers, rock dust
and enough fire hose to reach the working face will be available near
the working area.
(6) Sufficient supplies of roof support and ventilation materials
will be available near the working area.
(7) A minimum of 5,000 cubic feet of air per minute will be used to
ventilate the working face during the mining-through operation. The
ventilation plan and methane and dust control plan will be complied
with.
(8) The equipment will be checked for permissibility and serviced
on the shift prior to mining through the well.
(9) The methane monitor on the continuous mining machine will be
calibrated on the shift prior to mining through the well. The
calibration may be checked during the first half of the shift if the
well is to be intersected during the section half of the shift.
(10) Drivage sights will be installed at the last open crosscut
near the place to be mined to ensure intersection of the well. A laser
or additional drivage sights will be used to ensure that the sight line
is not more than 50 feet from the well.
(11) The working place 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.
(12) Tests for methane will be made with a hand-held methane
detector and a probe at least every 10 minutes when mining within 30
feet of the well. These methane tests will continue until the gas well
is intersected. A test for methane will also be made immediately prior
to the anticipated mining through of the gas well.
[[Page 30180]]
(13) Immediately after the well is intersected, all equipment
located in or inby the last open crosscut such as the continuous mining
machine, the loader, the shuttle car, the face fan and roof bolter
machine will be de-energized and the place thoroughly examined and
determined safe by a certified foreman before mining is resumed. The
face fan may be left energized to ventilate the working place provided
someone is stationed at the discharge end of the fan and is
continuously monitoring the methane. If the methane level in the
discharge of the fan reaches one percent, the fan will be deenergized.
Any well casing will be removed and no open flame will be permitted in
the area until adequate ventilation has been established around the
well. After the well cut-through is complete and the area is determined
safe by a certified person, the miners outby the affected area may
enter the section return and the affected area.
(14) The mining-through operation will be under the direct
supervision of the mine foreman or a certified person designated by the
mine foreman. Instructions concerning the mining-through operation will
be issued only by the mine foreman or the certified person designated
by the mine foreman to be in charge.
(15) The MSHA field office will be notified in sufficient time
prior to mining-through, to have a representative present during the
actual mining-through if necessary.
(16) The mining procedures and a drawing of the area will be
reviewed with all personnel involved in the mining-through operation
prior to the intersection of the plugged well.
III. The petitioner proposes to use following procedures and
safeguards for mining past a plugged gas or oil well by the continuous
mining method (greater than 20 feet away but less than 30 feet):
(a) If through mapping and plotting of a down-hole deviation survey
of a plugged oil or gas well, mining will be greater than 20 feet away
but less than 30 feet away from the well as measured from projected rib
line, the following plan will be used:
(1) Prior to mining within 300 feet of the well, the MSHA District
Office will be notified verbally and with a letter and a drawing
detailing the well location.
(2) When mining is within 30 feet of a line drawn perpendicular to
the entry or crosscut being mined and the plugged well, tests of
methane will be made with a hand-held methane detector and a probe at
least every 10 minutes. These methane tests will continue until mining
has progressed to a point inby the perpendicular line.
(3) All other cut-through procedures do not apply to plugged oil or
gas wells greater than 20 feet away but less than 30 feet away from
projected mining.
IV. The petitioner proposes to use the following procedures and
safeguards for mining past a plugged gas or oil well by the continuous
mining method (greater than 30 feet):
(a) If through mapping and plotting of a down-hole deviation survey
of a plugged oil or gas well, mining will be greater than 30 feet from
the well as measured from projected rib line, the following plan will
be used:
(1) Prior to mining within 300 feet of the well, the MSHA District
Office will be notified verbally and with a letter and a drawing
detailing the well location.
(2) Cut-through procedures do not apply to plugged oil or gas wells
greater than 30 feet away from projected mining.
V. The petitioner proposes to use the following procedures and
safeguards for mining through a plugged gas or oil well by the longwall
mining method:
(1) Prior to mining within 300 feet of the well, the MSHA District
Office will be notified verbally and with a letter and a drawing
detailing the well location.
(2) All personnel working underground will be informed of the cut-
through, the evacuation, and communication procedures to be used at the
beginning of the shift in which a well will be cut-through. Management
will ensure that all personnel can be promptly informed of any problem
that might develop and of evacuation (if required) during the well cut-
through.
(3) The mining through will be done at a time when only those
miners actually engaged in the mining-through operation, and those
necessary to operate ancillary equipment (haulage, conveyors,
ventilation, etc.) are within 1,000 feet of the longwall face. When the
distance from the well is within 10 feet of touching the wellbore, all
workers or responsible persons will be notified and no mining will be
done within 20 feet on either side of the well until all persons except
those mentioned above have been withdrawn outby the affected area. The
well will be surveyed and located to know when to stop mining.
(4) When mining approaches within 10 feet of cutting into the
plugged well, a designated person in each operating section will be
posted near the section phone (within hearing distance), or monitoring
a radio on a designated channel until the cut-through is complete and
an ``ALL CLEAR'' command is given by a certified person. All miners in
the outby areas of the mine will be working at known locations within
radio or telephone communications. There will be no activities in
remote areas without communications, ensuring quick evacuation of the
mine in the event of any emergency at the cut-through area. The
communication system will be checked at the beginning of the shift and
when within 10 feet of the cut-through.
(5) Firefighting equipment, including fire extinguishers, rock dust
and enough fire hose to reach the working face will be available in the
immediate area of the longwall.
(6) Sufficient supplies of roof support and ventilation materials
will be available in the immediate area of the longwall.
(7) The latest approved ventilation plan requirement for air
reaching the longwall face and required face velocities will be
maintained during the mining-through operation. The ventilation plan
and methane and dust control plan will be complied with.
(8) Equipment will be checked for permissibility and serviced on
the shift prior to mining through the well.
(9) The methane monitors on the longwall will be calibrated on the
shift prior to mining through the well. The calibration may be checked
during the first half of the shift if the well is to be intersected
during the section half of the shift.
(10) Special location spads will be in the tailgate and headgate
entries to define the exact location of the plugged well. An additional
spad or marked area will be installed 20 feet from the location. In
addition, the shields adjacent to a 10 foot radius of the well will be
identified.
(11) A normal mining rate will be maintained across the longwall
face except in the area defined by a 10 foot radius of the plugged
well. Mining through this area will be done at a reduced mining rate
until the wellbore is contacted.
(12) When mining is in progress and the longwall face is within 10
feet of the well, tests for methane will be made with a hand-held
methane detector on every pass across the longwall face or at a maximum
of every 10 minutes. These tests will be made until the well is
intersected.
(13) Immediately after the well is intersected, all equipment on
the longwall face such as the shearer, the stageloader and the face
conveyor will be deenergized and the place thoroughly examined by a
certified foreman and determined safe before mining is
[[Page 30181]]
resumed. Any well casing will be removed and no open flame will be
permitted in the area until adequate ventilation has been established
around the well. After the well cut-through is complete and the area is
determined safe, the miners may enter the affected area.
(14) The mining-through operation will be under the direct
supervision of the mine foreman or a certified person designated by the
mine foreman. Instructions concerning the mining-through operation will
be issued only by the mine foreman or the certified person designated
by the mine foreman to be in charge.
(15) The MSHA field office will be notified in sufficient time
prior to mining-through, to have a representative present during the
actual mining-through if necessary.
(16) The mining procedures and a drawing of the area will be
reviewed with all personnel involved in the mining-through operation
prior to the intersection of the plugged well.
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-2014-014-C.
Petitioner: Sebastian Management, LLC, 1100 South Pine Street, P.O.
Box 339, Hartford, Arizona 72938.
Mine: Sebastian Mine, MSHA I.D. No. 03-01736, located in Sebastian
County, Arizona.
Regulation Affected: 30 CFR 75.380(d)(3) (Escapeways; bituminous
and lignite mines).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance for a
secondary escapeway in lieu of the existing standard. The petitioner
states that:
(1) The Sebastian Mine's secondary escapeway at crosscut 14 above
the 3 intake entry of Main South over the overcast located
there currently measures 33 inches high (at its lowest point on an
incline with increasing height for clearance) with 20 feet of width.
(2) The coal seam's thickness, plus additional height taken for
support, averages 60 inches.
(3) The stable roof and related support in the area have been in
place since 2007.
(4) Both the roof and floor is solid sandstone in the area and
require inadvisable drilling and shooting that could destabilize
conditions if additional height was sought for the reference safety
standards compliance by those methods.
(5) Shooting would require shutting down ventilation, short-
circuiting almost the entire mine, killing power, not pumping, and
placing the whole mine in potential distress and jeopardy.
(6) Relocating the mines secondary escapeway is not a reasonable
option at this time.
(7) Based on the experience of a 5-man stretcher test conducted in
this specific area, as well as over the subsequent three overcasts at
the request and under the timed observation of an MSHA inspector, the
petitioner proposes an alternative method of compliance.
(a) A successful test of the proposed alternative method occurred
on February 27, 2014, when four Sebastian miners carried a fifth miner
across all four overcasts in a timely manner approximately six and one-
half minutes.
(b) To negotiate the 33 inch overcast space at crosscut 14 above
the 3 intake entry of the Main South, the miner strapped on
the stretcher was placed on two (2) four wheeled dollies and
efficiently, and effectively transported by the other 4 miners across
the area of concern in a very safe and timely manner. Most, if not all,
mine rescue stretchers are wheeled.
(c) The stretchers are routinely slid through man-doors and
otherwise used to transport, or train for transporting, injured miners
without any requirement of 100 percent ``carrying'' as a misreading of
the referenced standard might imply.
(d) Moving someone on a stretcher carefully on wheels can be much
safer, quicker, more efficient and effective under difficult conditions
or circumstances than manually carrying an injured person on a
stretcher.
The petitioner further states that:
(1) The operator will at all times maintain two (2) low profile
four-wheeled dollies in good working order and leave them at that
location for potential use if required. The dollies will be checked
monthly during mine rescue practices to confirm continual suitability
for use as contingently intended.
(2) Additionally, a clear travelway will be maintained at all times
for miners' regular use and for their potential use in transporting
anyone injured through this area of the secondary escapeway.
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.
Dated: May 16, 2014.
Sheila McConnell,
Acting Director, Office of Standards, Regulations and Variances.
[FR Doc. 2014-12113 Filed 5-23-14; 8:45 am]
BILLING CODE 4510-43-P