Petitions for Modification of Application of Existing Mandatory Safety Standards, 38569-38572 [2014-15860]
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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that the petition be withdrawn.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.
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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:
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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.
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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
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16:48 Jul 07, 2014
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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
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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
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08JYN1
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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
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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
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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.
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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]
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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:
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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 https://
www.ncd.gov/events/OtherEvents/
06302014/.
MATTERS TO BE CONSIDERED: The Council
will receive reports from its standing
TIME AND DATES:
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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
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[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]
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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 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
