Petitions for Modification of Application of Existing Mandatory Safety Standards, 30172-30181 [2014-12113]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[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]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and 30 CFR part 44 govern the application, processing, and 
disposition of petitions for modification. This notice is a summary of 
petitions for modification submitted to the Mine Safety and Health 
Administration (MSHA) by the parties listed below to modify the 
application of existing mandatory safety standards codified in Title 30 
of the Code of Federal Regulations.

DATES: All comments on the petitions must be received by the Office of 
Standards, Regulations and Variances on or before 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