Petitions for Modification of Application of Existing Mandatory Safety Standards, 38569-38572 [2014-15860]

Download as PDF Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Notices name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. 85,227, The Fenton Art Glass Company, Williamstown, West Virginia. June 3, 2013. 85,227A, Professional Services of America, Williamstown, West Virginia. April 11, 2013. 85,307, TDY Industries LLC, LaPorte, Indiana. May 13, 2013. Negative Determinations for Alternative Trade Adjustment Assistance In the following cases, it has been determined that the requirements of 246(a)(3)(A)(ii) have not been met for the reasons specified. None. In the following cases, the investigation revealed that the eligibility criteria for worker adjustment assistance have not been met for the reasons specified. Because the workers of the firm are not eligible to apply for TAA, the workers cannot be certified eligible for ATAA. The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. 85,294, Pitney Bowes Inc., Spokane, Washington. The workers’ firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. 85,351, Gold Inc., D/B/A Goldbug, Inc., Aurora, Colorado. tkelley on DSK3SPTVN1PROD with NOTICES Determinations Terminating Investigations of Petitions for Worker Adjustment Assistance After notice of the petitions was published in the Federal Register and on the Department’s Web site, as required by Section 221 of the Act (19 U.S.C. 2271), the Department initiated investigations of these petitions. The following determinations terminating investigations were issued because the petitioner has requested that the petition be withdrawn. 85,124, West Linn Paper Company, West Linn, Oregon. 16:48 Jul 07, 2014 Jkt 232001 Signed at Washington, DC, this 26th day of June 2014. Del Min Amy Chen Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2014–15854 Filed 7–7–14; 8:45 am] Negative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance VerDate Mar<15>2010 85,124A, Columbia River Logistics, Vancouver, Washington. 85,306, Osram Sylvania, York, Pennsylvania. 85,335, Textplus Inc., Marina Del Rey, California. 85,344, HR Plus/Sterling Infosystems Inc., Chicago, Illinois. I hereby certify that the aforementioned determinations were issued during the period of June 16, 2014 through June 20, 2014. These determinations are available on the Department’s Web site www.doleta.gov/ tradeact/taa/taa_search_form.cfm under the searchable listing of determinations or by calling the Office of Trade Adjustment Assistance toll free at 888– 365–6822. BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification of Application of Existing Mandatory Safety Standards Mine Safety and Health Administration, Labor. ACTION: Notice. AGENCY: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below to modify the application of existing mandatory safety standards codified in Title 30 of the Code of Federal Regulations. DATES: All comments on the petitions must be received by the Office of Standards, Regulations and Variances on or before August 7, 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– SUMMARY: PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 38569 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–2014–020–C. Petitioner: McElroy Coal Company, 57 Goshorn Woods Rd., Cameron, West Virginia 26033. Mine: McElroy Mine, MSHA I.D. No. 46–01437, located in Marshall County, West Virginia. Regulation Affected: 30 CFR 75.1700 (Oil and gas wells). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance with the standard with respect to vertical Coal Bed Methane (CBM) degasification wells with horizontal laterals into the underground coal seam. The petitioner proposes to plug vertically drilled CBM degasification wells before mining through the wells. The petitioner states that MSHA Policy Information Bulletin (PIB) No. E:\FR\FM\08JYN1.SGM 08JYN1 tkelley on DSK3SPTVN1PROD with NOTICES 38570 Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Notices P08–20 regarding ‘‘Surface Drilled Coalbed Methane Wells with Horizontal Branches in the Coal Seam’’ supports and encourages CBM extraction because it can significantly reduce methane emissions in coal mines and has been proved to decrease the incidence of face ignitions in gassy coal mines. The PIB recognizes that procedures to address the potential hazards presented by CBM wells must be developed and implemented to protect the coal miners who will be exposed to these wells. a. The petitioner proposes to use the following plugging procedures: (1) Prior to the anticipated minethrough, the borehole will be filled with cementitious grout, polyurethane grout, silica gel, flexible gel, or another material approved by the District Manager (DM). (2) A packer will be installed at a location in the borehole to ensure that an appropriate amount of the borehole is filled with the plugging material. (3) Any water present in the borehole will be tested for chlorides prior to plugging. (4) A pump will be used to pump 1.75 times the calculated hole-volume of the plugging material into the borehole. The calculated volume of the plugging material will be pumped until the volume of the plugging material is depleted, 100–140 pounds per square inch (psi) pressure is realized, or until leakage is observed underground. The plugging material will be pumped through a packer equipped with a oneway check valve. The one-way check valve will prevent the plugging material from flowing back. (5) The volume of fill material required will be calculated and 1.75 times that amount will be pumped unless the 100–140 psi pressure is reached. (6) A directional deviation survey completed during the drilling of the borehole will be used to determine the location of the borehole within the coal seam. (7) Where suitable plugging procedures have not been developed or are impractical, water infusion and ventilation of vertical CBM wells with horizontal laterals may be used in lieu of plugging. b. The petitioner proposes to use the following procedures when using water and ventilation to mine through CBM wells with horizontal laterals: (1) At least 2 days before intersecting the well, the well will be filled with water to at least 100 feet above the coal seam in which the CBM well with horizontal laterals is located. This level will be maintained until the well is intersected. As an alternative, after an VerDate Mar<15>2010 16:48 Jul 07, 2014 Jkt 232001 in-mine horizontal borehole has been drilled in close proximity to the well, the mine supply water system will be connected to the in-mine horizontal borehole and the in-mine borehole will be pressurized. (2) When a CBM well or lateral is intersected and the area deemed safe, the mining will proceed far enough to establish roof support in the area of the cut-through, and packers of appropriate pressure rating will be inserted into both sides of the cut-through. After the packers are inserted they will be inflated and all valves will be closed. (3) After the well is intersected and the water is drained from the wellbore, a vacuum pump will be attached to the well head on the surface and started to provide negative pressure to the well head side of the cut-through. The adjacent side of the cut-through will be put on negative pressure by use of a vacuum pump on the surface attached to the underground degas system that was drilled in close proximity of the CBM. Should the intersected CBM build pressure later, the packers will be attached to the underground degas system and vented to the surface until this portion of the hole is plugged. (4) If the hole can continue to be ventilated with mine atmosphere to the surface via a vacuum pump on the surface, plugging will not be necessary. If no system is in place underground to carry the gas to the surface, the holes will be plugged as soon as the continuous mining equipment is moved to the next portion of the cycle and no longer interferes with the plugging process. (5) If mining continues parallel to the intersected hole or the hole continues to be intersected by the longwall, the hole will be plugged with cement grout, flexible gel or other method approved by the DM, or if mining down dip, the hole will be filled with water. c. The petitioner proposes to use the following procedures for mining through a CBM degasification well with horizontal laterals: (1) The operator will notify the DM or designee prior to mining within 300 feet of the well and when a specific plan is developed for mining through each well. (2) The DM or designee, representative of the miners, and the appropriate State agency will be notified by the operator in sufficient time prior to the mining-through operation to have an opportunity to have representatives present. (3) When using the continuous mining method, drivage sights will be installed at the last open crosscut near the place to be mined to ensure PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 intersection of the well. The drivage sights will not be more than 250 feet from the well. When using the longwall mining method, drivage sights will be installed on 10-foot centers 50 feet in advance of the initial anticipated intersection of the well. The drivage sights will be installed in both the headgate and tailgate entry. (4) Firefighting equipment, including fire extinguishers, rock dust and enough fire hose to reach the well location on the working face will be available near the working place. (5) Sufficient supplies of roof support and ventilation materials will be available near the working place. (6) The quantity of air required by the approved ventilation system and methane and dust control plan will be used to ventilate the working face or the longwall face during the mining-through operation. (7) Equipment will be checked for permissibility and serviced on the shift prior to mining through the well. (8) The methane monitor on the longwall or continuous mining machine will be calibrated on the shift prior to mining through the well. (9) When mining is in progress, tests for methane will be made with a handheld methane detector at least every 10 minutes from the time mining with the continuous mining machine is within 30 feet of the well until the well is intersected and immediately prior to mining through or the resumption of mining after a well is intersected. When mining with longwall mining equipment, the tests for methane will be made at least every 10 minutes when the longwall face is within 10 feet of the well. (10) When using continuous mining methods, the working place will be free from accumulations of coal dust and coal spillages, and rock dust will be placed on the roof and rib to within 20 feet of the face when mining through the well. (11) When the wellbore is intersected, all equipment will be deenergized and the place thoroughly examined 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 wellbore. (12) After a well has been intersected and the working place determined safe, mining will continue inby the well at a sufficient distance to permit adequate ventilation around the area of the wellbore. (13) No person will be permitted in the area of the mining-through operation, inby the last open crosscut E:\FR\FM\08JYN1.SGM 08JYN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Notices except those actually engaged in the operation, company personnel, representatives of the miners, MSHA personnel and personnel from the appropriate State agency. (14) The mining-through operation will be under the direct supervision of a certified official. Instructions concerning the mining-through operation will be issued only by the certified official in charge. The petitioner asserts that the proposed alternative method will provide the same measure of protection as that afforded by the existing standard. Docket Number: M–2014–021–C. Petitioner: Consolidation Coal Company, RD 1 Box 62A, Dallas, West Virginia 26036. Mine: Shoemaker Mine, MSHA I.D. No. 46–01436, located in Marshall County, West Virginia. Regulation Affected: 30 CFR 75.1700 (Oil and gas wells). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance with the standard with respect to vertical Coal Bed Methane (CBM) degasification well with horizontal laterals into the underground coal seam. The petitioner proposes to plug vertically drilled CBM degasification wells to mine through them. The petitioner states that MSHA Policy Information Bulletin (PIB) No. P08–20 regarding ‘‘Surface Drilled Coalbed Methane Wells with Horizontal Branches in the Coal Seam’’ supports and encourages CBM extraction because it can significantly reduce methane emissions in coal mines and has been proved to decrease the incidence of face ignitions in gassy coal mines. The PIB recognizes that procedures to address the potential hazards presented by CBM wells must be developed and implemented to protect the coal miners who will be exposed to these wells. a. The petitioner proposes to use the following plugging procedures: (1) Prior to the anticipated minethrough, the borehole will be filled with cementitious grout, polyurethane grout, silica gel, flexible gel, or another material approved by the District Manager (DM). (2) A packer will be installed at a location in the borehole to ensure that an appropriate amount of the borehole is filled with the plugging material. (3) Any water present in the borehole will be tested for chlorides prior to plugging. (4) A pump will be used to pump 1.75 times the calculated hole-volume of the plugging material into the borehole. The calculated volume of the plugging VerDate Mar<15>2010 16:48 Jul 07, 2014 Jkt 232001 material will be pumped until the volume of the plugging material is depleted, 100–140 pounds per square inch (psi) pressure is realized, or until leakage is observed underground. The plugging material will be pumped through a packer equipped with a oneway check valve. The one-way check valve will prevent the plugging material from flowing back. (5) The volume of fill material required will be calculated and 1.75 times that amount will be pumped unless the 100–140 psi pressure is reached. (6) A directional deviation survey completed during the drilling of the borehole will be used to determine the location of the borehole within the coal seam. (7) Where suitable plugging procedures have not been developed or are impractical, water infusion and ventilation of vertical CBM wells with horizontal laterals may be used in lieu of plugging. b. The petitioner proposes to use the following procedures when using water and ventilation to mine through CBM wells with horizontal laterals: (1) At least 2 days before intersecting the well, the well will be filled with water to at least 100 feet above the coal seam in which the CBM well with horizontal laterals is located. This level will be maintained until the well is intersected. As an alternative, after an in-mine horizontal borehole has been drilled in close proximity to the well, the mine supply water system will be connected to the in-mine horizontal borehole and the in-mine borehole will be pressurized. (2) When a CBM well or lateral is intersected and the area deemed safe, the mining will proceed far enough to establish roof support in the area of the cut-through, and packers of appropriate pressure rating will be inserted into both sides of the cut-through. After the packers are inserted they will be inflated and all valves will be closed. (3) After the well is intersected and the water is drained from the wellbore, a vacuum pump will be attached to the well head on the surface and started to provide negative pressure to the well head side of the cut-through. The adjacent side of the cut-through will be put on negative pressure by use of a vacuum pump on the surface attached to the underground degas system that was drilled in close proximity of the CBM. Should the intersected CBM build pressure later, the packers will be attached to the underground degas system and vented to the surface until this portion of the hole is plugged. PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 38571 (4) If the hole can continue to be ventilated with mine atmosphere to the surface via a vacuum pump on the surface, plugging will not be necessary. If no system is in place underground to carry the gas to the surface, the holes will be plugged as soon as the continuous mining equipment is moved to the next portion of the cycle and no longer interferes with the plugging process. (5) If mining continues parallel to the intersected hole or the hole continues to be intersected by the longwall, the hole will be plugged with cement grout, flexible gel or other method approved by the DM, or if mining down dip, the hole will be filled with water. c. The petitioner proposes to use the following procedures for mining through a CBM degasification well with horizontal laterals: (1) The operator will notify the DM or designee prior to mining within 300 feet of the well and when a specific plan is developed for mining through each well. (2) The DM or designee, representative of the miners, and the appropriate State agency will be notified by the operator in sufficient time prior to the mining-through operation to have an opportunity to have representatives present. (3) When using the continuous mining method, drivage sights will be installed at the last open crosscut near the place to be mined to ensure intersection of the well. The drivage sights will not be more than 250 feet from the well. When using the longwall mining method, drivage sights will be installed on 10-foot centers 50 feet in advance of the initial anticipated intersection of the well. The drivage sights will be installed in both the headgate and tailgate entry. (4) Firefighting equipment, including fire extinguishers, rock dust and enough fire hose to reach the well location on the working face will be available near the working place. (5) Sufficient supplies of roof support and ventilation materials will be available near the working place. (6) The quantity of air required by the approved ventilation system and methane and dust control plan will be used to ventilate the working face or the longwall face during the mining-through operation. (7) Equipment will be checked for permissibility and serviced on the shift prior to mining through the well. (8) The methane monitor on the longwall or continuous mining machine will be calibrated on the shift prior to mining through the well. E:\FR\FM\08JYN1.SGM 08JYN1 38572 Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Notices (9) When mining is in progress, tests for methane will be made with a handheld methane detector at least every 10 minutes from the time mining with the continuous mining machine is within 30 feet of the well until the well is intersected and immediately prior to mining through or the resumption of mining after a well is intersected. When mining with longwall mining equipment, the tests for methane will be made at least every 10 minutes when the longwall face is within 10 feet of the well. (10) When using continuous mining methods, the working place will be free from accumulations of coal dust and coal spillages, and rock dust will be placed on the roof and rib to within 20 feet of the face when mining through the well. (11) When the wellbore is intersected, all equipment will be deenergized and the place thoroughly examined 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 wellbore. (12) After a well has been intersected and the working place determined safe, mining will continue inby the well at a sufficient distance to permit adequate ventilation around the area of the wellbore. (13) No person will be permitted in the area of the mining-through operation, inby the last open crosscut except those actually engaged in the operation, company personnel, representatives of the miners, MSHA personnel and personnel from the appropriate State agency. (14) The mining-through operation will be under the direct supervision of a certified official. Instructions concerning the mining-through operation will be issued only by the certified official in charge. The petitioner asserts that the proposed alternative method will provide the same measure of protection as that afforded by the existing standard. Sheila McConnell, Acting Director, Office of Standards, Regulations and Variances. [FR Doc. 2014–15860 Filed 7–7–14; 8:45 am] tkelley on DSK3SPTVN1PROD with NOTICES BILLING CODE 4510–43–P MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION Sunshine Act Meetings Electronic Board Meeting to be held via email exchanges TIME AND DATE: VerDate Mar<15>2010 16:48 Jul 07, 2014 Jkt 232001 Thursday, July 10, 2014, 8 a.m. (PDT), through Wednesday, July 16, 2014. PLACE: Board Meeting held via email. STATUS: This special meeting of the Board of Trustees, to be held Electronically (in accordance with Foundation Operating Procedures), is open to the public. Members of the public who would like to see the text of the resolution to be considered and/or the email votes regarding the resolution should email Elizabeth E. Monroe, Executive Assistant, Morris K. Udall and Stewart L. Udall Foundation, at monroe@udall.gov. MATTERS TO BE CONSIDERED: Resolution regarding transfer of funds to the Native Nations Institute for Leadership, Management, and Policy. CONTACT PERSON FOR MORE INFORMATION: Philip J. Lemanski, Executive Director, 130 South Scott Avenue, Tucson, AZ 85701, (520) 901–8500. Dated: June 25, 2014. Philip J. Lemanski, Executive Director, Morris K. Udall and Stewart L. Udall Foundation, and Federal Register Liaison Officer. [FR Doc. 2014–15502 Filed 7–7–14; 8:45 am] BILLING CODE P NATIONAL COUNCIL ON DISABILITY Sunshine Act Meetings The Members of the National Council on Disability (NCD) will hold a quarterly meeting on Thursday, July 24, 2014, 1:30 p.m. to 4:30 p.m. (Eastern Daylight Time). On July 25, 2014, from 9:30 a.m. to 12 p.m., the Council will host a congressional forum on the topic of the rights of parents with disabilities and their children that is also open to the public. PLACE: The Thursday quarterly business meeting will occur in Washington, DC, at the Access Board Conference Room, 1331 F Street NW., Suite 800, Washington, DC. Interested parties may join the meeting in person or by phone in a listening-only capacity (with the exception of the public comment period) using the following call-in number: 1–888–378–0320; Conference ID: 5251555; Conference Title: NCD Meeting; Host Name: Jeff Rosen. The Friday congressional forum will occur on a location on Capitol Hill, room to be determined. Please check NCD’s Web site for the room location, which, once confirmed, will be posted at http:// www.ncd.gov/events/OtherEvents/ 06302014/. MATTERS TO BE CONSIDERED: The Council will receive reports from its standing TIME AND DATES: PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 committees and updates on policy projects underway; hear from a panel of policy thinkers to help map out disability policy priorities and trends for the Council’s consideration; discuss the Council’s scope of work for FY15 and beyond; and receive an update on its Medicaid Managed Care forums around the country. AGENDA: The times provided below are approximations for when each agenda item is anticipated to be discussed (all times EDT): 9:30–10 a.m.—Call to Order, Standing Committee Reports 10–11 a.m.—NCD Policy Project Report Outs (Social Security; Affordable Care Act; annual Progress Report; Transportation; Home- and Community-Based Services reports) 11–11:15 a.m.—Break 11:15–11:45 a.m.—Preparation for Congressional Forum on Parents with Disabilities (to be hosted Friday on Capitol Hill) 11:45 a.m.–12:15 p.m.—Public Comment 12:15–1:30 p.m.—Lunch 1:30–2:30 p.m.—New Directions in Disability Policy 2:30–3:15 p.m.—Next Generation NCD (Council’s scope of work FY15 and beyond) 3:15–3:30 p.m.—Break 3:30–4 p.m.—Continued Discussion on Next Generation NCD 4–4:30 p.m.—Medicaid Managed Care Forums Update 4:30 p.m.—Adjournment PUBLIC COMMENT: To better facilitate NCD’s public comment periods, any individual interested in providing public comment will be asked to register their intent to provide comment in advance by sending an email to PublicComment@ncd.gov with the subject line ‘‘Registration’’ with your name, organization, state, and topic of comment included in the body of your email. Full-length written public comments may also be sent to that email address. All emails to register for public comment at the July 24 quarterly meeting must be received by Monday, July 21, 2014. Priority will be given to those individuals who are in-person to provide their comments. Those commenters on the phone will be called on according to the list of those registered via email. Due to time constraints, NCD asks all commenters to limit their comments to three minutes. CONTACT PERSON FOR MORE INFORMATION: Anne Sommers, NCD, 1331 F Street NW., Suite 850, Washington, DC 20004; 202–272–2004 (V), 202–272–2074 (TTY). ACCOMMODATIONS: A CART streamtext link has been arranged for the Thursday E:\FR\FM\08JYN1.SGM 08JYN1

Agencies

[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Notices]
[Pages 38569-38572]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15860]


-----------------------------------------------------------------------

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 August 7, 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-2014-020-C.
    Petitioner: McElroy Coal Company, 57 Goshorn Woods Rd., Cameron, 
West Virginia 26033.
    Mine: McElroy Mine, MSHA I.D. No. 46-01437, located in Marshall 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance with 
the standard with respect to vertical Coal Bed Methane (CBM) 
degasification wells with horizontal laterals into the underground coal 
seam. The petitioner proposes to plug vertically drilled CBM 
degasification wells before mining through the wells.
    The petitioner states that MSHA Policy Information Bulletin (PIB) 
No.

[[Page 38570]]

P08-20 regarding ``Surface Drilled Coalbed Methane Wells with 
Horizontal Branches in the Coal Seam'' supports and encourages CBM 
extraction because it can significantly reduce methane emissions in 
coal mines and has been proved to decrease the incidence of face 
ignitions in gassy coal mines. The PIB recognizes that procedures to 
address the potential hazards presented by CBM wells must be developed 
and implemented to protect the coal miners who will be exposed to these 
wells.
    a. The petitioner proposes to use the following plugging 
procedures:
    (1) Prior to the anticipated mine-through, the borehole will be 
filled with cementitious grout, polyurethane grout, silica gel, 
flexible gel, or another material approved by the District Manager 
(DM).
    (2) A packer will be installed at a location in the borehole to 
ensure that an appropriate amount of the borehole is filled with the 
plugging material.
    (3) Any water present in the borehole will be tested for chlorides 
prior to plugging.
    (4) A pump will be used to pump 1.75 times the calculated hole-
volume of the plugging material into the borehole. The calculated 
volume of the plugging material will be pumped until the volume of the 
plugging material is depleted, 100-140 pounds per square inch (psi) 
pressure is realized, or until leakage is observed underground. The 
plugging material will be pumped through a packer equipped with a one-
way check valve. The one-way check valve will prevent the plugging 
material from flowing back.
    (5) The volume of fill material required will be calculated and 
1.75 times that amount will be pumped unless the 100-140 psi pressure 
is reached.
    (6) A directional deviation survey completed during the drilling of 
the borehole will be used to determine the location of the borehole 
within the coal seam.
    (7) Where suitable plugging procedures have not been developed or 
are impractical, water infusion and ventilation of vertical CBM wells 
with horizontal laterals may be used in lieu of plugging.
    b. The petitioner proposes to use the following procedures when 
using water and ventilation to mine through CBM wells with horizontal 
laterals:
    (1) At least 2 days before intersecting the well, the well will be 
filled with water to at least 100 feet above the coal seam in which the 
CBM well with horizontal laterals is located. This level will be 
maintained until the well is intersected. As an alternative, after an 
in-mine horizontal borehole has been drilled in close proximity to the 
well, the mine supply water system will be connected to the in-mine 
horizontal borehole and the in-mine borehole will be pressurized.
    (2) When a CBM well or lateral is intersected and the area deemed 
safe, the mining will proceed far enough to establish roof support in 
the area of the cut-through, and packers of appropriate pressure rating 
will be inserted into both sides of the cut-through. After the packers 
are inserted they will be inflated and all valves will be closed.
    (3) After the well is intersected and the water is drained from the 
wellbore, a vacuum pump will be attached to the well head on the 
surface and started to provide negative pressure to the well head side 
of the cut-through. The adjacent side of the cut-through will be put on 
negative pressure by use of a vacuum pump on the surface attached to 
the underground degas system that was drilled in close proximity of the 
CBM. Should the intersected CBM build pressure later, the packers will 
be attached to the underground degas system and vented to the surface 
until this portion of the hole is plugged.
    (4) If the hole can continue to be ventilated with mine atmosphere 
to the surface via a vacuum pump on the surface, plugging will not be 
necessary. If no system is in place underground to carry the gas to the 
surface, the holes will be plugged as soon as the continuous mining 
equipment is moved to the next portion of the cycle and no longer 
interferes with the plugging process.
    (5) If mining continues parallel to the intersected hole or the 
hole continues to be intersected by the longwall, the hole will be 
plugged with cement grout, flexible gel or other method approved by the 
DM, or if mining down dip, the hole will be filled with water.
    c. The petitioner proposes to use the following procedures for 
mining through a CBM degasification well with horizontal laterals:
    (1) The operator will notify the DM or designee prior to mining 
within 300 feet of the well and when a specific plan is developed for 
mining through each well.
    (2) The DM or designee, representative of the miners, and the 
appropriate State agency will be notified by the operator in sufficient 
time prior to the mining-through operation to have an opportunity to 
have representatives present.
    (3) When using the continuous mining method, drivage sights will be 
installed at the last open crosscut near the place to be mined to 
ensure intersection of the well. The drivage sights will not be more 
than 250 feet from the well. When using the longwall mining method, 
drivage sights will be installed on 10-foot centers 50 feet in advance 
of the initial anticipated intersection of the well. The drivage sights 
will be installed in both the headgate and tailgate entry.
    (4) Firefighting equipment, including fire extinguishers, rock dust 
and enough fire hose to reach the well location on the working face 
will be available near the working place.
    (5) Sufficient supplies of roof support and ventilation materials 
will be available near the working place.
    (6) The quantity of air required by the approved ventilation system 
and methane and dust control plan will be used to ventilate the working 
face or the longwall face during the mining-through operation.
    (7) Equipment will be checked for permissibility and serviced on 
the shift prior to mining through the well.
    (8) The methane monitor on the longwall or continuous mining 
machine will be calibrated on the shift prior to mining through the 
well.
    (9) When mining is in progress, tests for methane will be made with 
a hand-held methane detector at least every 10 minutes from the time 
mining with the continuous mining machine is within 30 feet of the well 
until the well is intersected and immediately prior to mining through 
or the resumption of mining after a well is intersected. When mining 
with longwall mining equipment, the tests for methane will be made at 
least every 10 minutes when the longwall face is within 10 feet of the 
well.
    (10) When using continuous mining methods, the working place will 
be free from accumulations of coal dust and coal spillages, and rock 
dust will be placed on the roof and rib to within 20 feet of the face 
when mining through the well.
    (11) When the wellbore is intersected, all equipment will be 
deenergized and the place thoroughly examined 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 wellbore.
    (12) After a well has been intersected and the working place 
determined safe, mining will continue inby the well at a sufficient 
distance to permit adequate ventilation around the area of the 
wellbore.
    (13) No person will be permitted in the area of the mining-through 
operation, inby the last open crosscut

[[Page 38571]]

except those actually engaged in the operation, company personnel, 
representatives of the miners, MSHA personnel and personnel from the 
appropriate State agency.
    (14) The mining-through operation will be under the direct 
supervision of a certified official. Instructions concerning the 
mining-through operation will be issued only by the certified official 
in charge.
    The petitioner asserts that the proposed alternative method will 
provide the same measure of protection as that afforded by the existing 
standard.
    Docket Number: M-2014-021-C.
    Petitioner: Consolidation Coal Company, RD 1 Box 62A, Dallas, West 
Virginia 26036.
    Mine: Shoemaker Mine, MSHA I.D. No. 46-01436, located in Marshall 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance with 
the standard with respect to vertical Coal Bed Methane (CBM) 
degasification well with horizontal laterals into the underground coal 
seam. The petitioner proposes to plug vertically drilled CBM 
degasification wells to mine through them.
    The petitioner states that MSHA Policy Information Bulletin (PIB) 
No. P08-20 regarding ``Surface Drilled Coalbed Methane Wells with 
Horizontal Branches in the Coal Seam'' supports and encourages CBM 
extraction because it can significantly reduce methane emissions in 
coal mines and has been proved to decrease the incidence of face 
ignitions in gassy coal mines. The PIB recognizes that procedures to 
address the potential hazards presented by CBM wells must be developed 
and implemented to protect the coal miners who will be exposed to these 
wells.
    a. The petitioner proposes to use the following plugging 
procedures:
    (1) Prior to the anticipated mine-through, the borehole will be 
filled with cementitious grout, polyurethane grout, silica gel, 
flexible gel, or another material approved by the District Manager 
(DM).
    (2) A packer will be installed at a location in the borehole to 
ensure that an appropriate amount of the borehole is filled with the 
plugging material.
    (3) Any water present in the borehole will be tested for chlorides 
prior to plugging.
    (4) A pump will be used to pump 1.75 times the calculated hole-
volume of the plugging material into the borehole. The calculated 
volume of the plugging material will be pumped until the volume of the 
plugging material is depleted, 100-140 pounds per square inch (psi) 
pressure is realized, or until leakage is observed underground. The 
plugging material will be pumped through a packer equipped with a one-
way check valve. The one-way check valve will prevent the plugging 
material from flowing back.
    (5) The volume of fill material required will be calculated and 
1.75 times that amount will be pumped unless the 100-140 psi pressure 
is reached.
    (6) A directional deviation survey completed during the drilling of 
the borehole will be used to determine the location of the borehole 
within the coal seam.
    (7) Where suitable plugging procedures have not been developed or 
are impractical, water infusion and ventilation of vertical CBM wells 
with horizontal laterals may be used in lieu of plugging.
    b. The petitioner proposes to use the following procedures when 
using water and ventilation to mine through CBM wells with horizontal 
laterals:
    (1) At least 2 days before intersecting the well, the well will be 
filled with water to at least 100 feet above the coal seam in which the 
CBM well with horizontal laterals is located. This level will be 
maintained until the well is intersected. As an alternative, after an 
in-mine horizontal borehole has been drilled in close proximity to the 
well, the mine supply water system will be connected to the in-mine 
horizontal borehole and the in-mine borehole will be pressurized.
    (2) When a CBM well or lateral is intersected and the area deemed 
safe, the mining will proceed far enough to establish roof support in 
the area of the cut-through, and packers of appropriate pressure rating 
will be inserted into both sides of the cut-through. After the packers 
are inserted they will be inflated and all valves will be closed.
    (3) After the well is intersected and the water is drained from the 
wellbore, a vacuum pump will be attached to the well head on the 
surface and started to provide negative pressure to the well head side 
of the cut-through. The adjacent side of the cut-through will be put on 
negative pressure by use of a vacuum pump on the surface attached to 
the underground degas system that was drilled in close proximity of the 
CBM. Should the intersected CBM build pressure later, the packers will 
be attached to the underground degas system and vented to the surface 
until this portion of the hole is plugged.
    (4) If the hole can continue to be ventilated with mine atmosphere 
to the surface via a vacuum pump on the surface, plugging will not be 
necessary. If no system is in place underground to carry the gas to the 
surface, the holes will be plugged as soon as the continuous mining 
equipment is moved to the next portion of the cycle and no longer 
interferes with the plugging process.
    (5) If mining continues parallel to the intersected hole or the 
hole continues to be intersected by the longwall, the hole will be 
plugged with cement grout, flexible gel or other method approved by the 
DM, or if mining down dip, the hole will be filled with water.
    c. The petitioner proposes to use the following procedures for 
mining through a CBM degasification well with horizontal laterals:
    (1) The operator will notify the DM or designee prior to mining 
within 300 feet of the well and when a specific plan is developed for 
mining through each well.
    (2) The DM or designee, representative of the miners, and the 
appropriate State agency will be notified by the operator in sufficient 
time prior to the mining-through operation to have an opportunity to 
have representatives present.
    (3) When using the continuous mining method, drivage sights will be 
installed at the last open crosscut near the place to be mined to 
ensure intersection of the well. The drivage sights will not be more 
than 250 feet from the well. When using the longwall mining method, 
drivage sights will be installed on 10-foot centers 50 feet in advance 
of the initial anticipated intersection of the well. The drivage sights 
will be installed in both the headgate and tailgate entry.
    (4) Firefighting equipment, including fire extinguishers, rock dust 
and enough fire hose to reach the well location on the working face 
will be available near the working place.
    (5) Sufficient supplies of roof support and ventilation materials 
will be available near the working place.
    (6) The quantity of air required by the approved ventilation system 
and methane and dust control plan will be used to ventilate the working 
face or the longwall face during the mining-through operation.
    (7) Equipment will be checked for permissibility and serviced on 
the shift prior to mining through the well.
    (8) The methane monitor on the longwall or continuous mining 
machine will be calibrated on the shift prior to mining through the 
well.

[[Page 38572]]

    (9) When mining is in progress, tests for methane will be made with 
a hand-held methane detector at least every 10 minutes from the time 
mining with the continuous mining machine is within 30 feet of the well 
until the well is intersected and immediately prior to mining through 
or the resumption of mining after a well is intersected. When mining 
with longwall mining equipment, the tests for methane will be made at 
least every 10 minutes when the longwall face is within 10 feet of the 
well.
    (10) When using continuous mining methods, the working place will 
be free from accumulations of coal dust and coal spillages, and rock 
dust will be placed on the roof and rib to within 20 feet of the face 
when mining through the well.
    (11) When the wellbore is intersected, all equipment will be 
deenergized and the place thoroughly examined 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 wellbore.
    (12) After a well has been intersected and the working place 
determined safe, mining will continue inby the well at a sufficient 
distance to permit adequate ventilation around the area of the 
wellbore.
    (13) No person will be permitted in the area of the mining-through 
operation, inby the last open crosscut except those actually engaged in 
the operation, company personnel, representatives of the miners, MSHA 
personnel and personnel from the appropriate State agency.
    (14) The mining-through operation will be under the direct 
supervision of a certified official. Instructions concerning the 
mining-through operation will be issued only by the certified official 
in charge.
    The petitioner asserts that the proposed alternative method will 
provide the same measure of protection as that afforded by the existing 
standard.

Sheila McConnell,
Acting Director, Office of Standards, Regulations and Variances.
[FR Doc. 2014-15860 Filed 7-7-14; 8:45 am]
BILLING CODE 4510-43-P