Petitions for Modification of Application of Existing Mandatory Safety Standard, 29140-29143 [2018-13396]
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29140
Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request;
Attestation for Employers Seeking To
Employ H–2B Nonimmigrant Workers
Under Section 543 of the Consolidated
Appropriations Act, 2017
Notice of availability; request
for comments.
ACTION:
The Department of Labor
(DOL) is submitting the Employment
and Training Administration (ETA)
sponsored information collection
request (ICR) titled, ‘‘Attestation for
Employers Seeking to Employ H–2B
Nonimmigrant Workers Under Section
543 of the Consolidated Appropriations
Act, 2017,’’ to the Office of Management
and Budget (OMB) for review and
approval for use in accordance with the
Paperwork Reduction Act (PRA) of
1995. Public comments on the ICR are
invited.
DATES: The OMB will consider all
written comments that agency receives
on or before July 23, 2018.
ADDRESSES: A copy of this ICR with
applicable supporting documentation;
including a description of the likely
respondents, proposed frequency of
response, and estimated total burden
may be obtained free of charge from the
RegInfo.gov website at https://
www.reginfo.gov/public/do/PRAView
ICR?ref_nbr=201802-1205-001 (this link
will only become active on the day
following publication of this notice) or
by contacting Michel Smyth by
telephone at 202–693–4129, TTY 202–
693–8064, (these are not toll-free
numbers) or sending an email to DOL_
PRA_PUBLIC@dol.gov.
Submit comments about this request
by mail or courier to the Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for DOL–ETA,
Office of Management and Budget,
Room 10235, 725 17th Street NW,
Washington, DC 20503; by Fax: 202–
395–5806 (this is not a toll-free
number); or by email: OIRA_
submission@omb.eop.gov. Commenters
are encouraged, but not required, to
send a courtesy copy of any comments
by mail or courier to the U.S.
Department of Labor-OASAM, Office of
the Chief Information Officer, Attn:
Departmental Information Compliance
Management Program, Room N1301,
200 Constitution Avenue NW,
Washington, DC 20210; or by email:
DOL_PRA_PUBLIC@dol.gov.
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SUMMARY:
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Michel Smyth by telephone at 202–693–
4129, TTY 202–693–8064, (these are not
toll-free numbers) or sending an email
to DOL_PRA_PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: This ICR
seeks approval under the PRA for
revisions to the Attestation for
Employers Seeking to Employ H–2B
Nonimmigrant Workers Under Section
543 of the Consolidated Appropriations
Act, 2017 information collection. As set
forth in the Temporary Rule, Exercise of
Time-Limited Authority to Increase the
Fiscal Year 2017 Numerical Limitation
for the H–2B Temporary
Nonagricultural Worker Program,
employers seeking authorization to
employ workers under a time-limited
authority were required to complete and
submit Form ETA–9142–B–CAA. See 82
FR 32987 (July 19, 2017) The authority
to issue any new visas under the 2017
Act has expired, and employers are no
longer permitted to submit the form;
however, an employer must still retain
records to support its attestation. This
ICR revises the collection to remove the
filing provisions while retaining the
recordkeeping requirements.
Consolidated Appropriations Act of
2017 section 543 authorizes this
information collection. See Public Law
115–31 section 543.
This proposed information collection
is subject to the PRA. A Federal agency
generally cannot conduct or sponsor a
collection of information, and the public
is generally not required to respond to
an information collection, unless it is
approved by the OMB under the PRA
and displays a currently valid OMB
Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information if the
collection of information does not
display a valid Control Number. See 5
CFR 1320.5(a) and 1320.6. For
additional substantive information
about this ICR, see the related notice
published in the Federal Register on
December 21, 2017 (82 FR 60629).
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
section within thirty (30) days of
publication of this notice in the Federal
Register. In order to help ensure
appropriate consideration, comments
should mention OMB Control Number
1205–0530. The OMB is particularly
interested in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
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functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: DOL–ETA.
Title of Collection: Attestation for
Employers Seeking to Employ H–2B
Nonimmigrant Workers Under Section
543 of the Consolidated Appropriations
Act, 2017.
OMB Control Number: 1205–0530.
Affected Public: Private Sector—
businesses or other for-profits, not-forprofit institutions, farms.
Total Estimated Number of
Respondents: 2,298.
Total Estimated Number of
Responses: 2,298.
Total Estimated Annual Time Burden:
2,298 hours.
Total Estimated Annual Other Costs
Burden: $104,674.
Authority: 44 U.S.C. 3507(a)(1)(D).
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2018–13425 Filed 6–21–18; 8:45 am]
BILLING CODE 4510–FP–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of
Application of Existing Mandatory
Safety Standard
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
This notice is a summary of
petitions for modification submitted to
the Mine Safety and Health
Administration (MSHA) by the parties
listed below.
DATES: All comments on the petitions
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before July 23, 2018.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
SUMMARY:
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number’’ on the subject line, by any of
the following methods:
1. Email: 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, 201 12th
Street South, Suite 4E401, Arlington,
Virginia 22202–5452, Attention: Sheila
McConnell, Director, Office of
Standards, Regulations, and Variances.
Persons delivering documents are
required to check in at the receptionist’s
desk in Suite 4E401. 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 (phone), barron.barbara@dol.gov
(email), or 202–693–9441 (fax). [These
are not toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section
101(c) of the Federal Mine Safety and
Health Act of 1977 and Title 30 of the
Code of Federal Regulations Part 44
govern the application, processing, and
disposition of petitions for modification.
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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
(Secretary) 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. Petition for Modification
Docket Number: M–2018–015–C.
Petitioner: Spartan Mining Company,
LLC, 500 Lee Street East, Suite 701
(25301), P.O. Box 2548, Charleston,
West Virginia 25329.
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Mine: Road Fork #52 Mine, MSHA
I.D. No. 46–09522, located in Wyoming
County, West Virginia.
Regulation Affected: 30 CFR 75.1700
(Oil and gas wells).
Modification Request: The petitioner
requests a modification of the existing
standard as it relates to vertical oil and
gas wells at the Road Fork #52 mine.
The petitioner states that:
(1) The Road Fork #52 mine extracts
coal from the Pocahontas No. 3 coal
seam. The Road Fork #52 mine will
operate two continuous miner sections
producing coal 5 to 6 days per week.
(2) In addition to the horizontal
coalbed methane wells, there are many
vertical oil and gas wells which exist in
the reserve area of the Road Fork #52
mine.
(3) Road Fork #52 mine will employ
the continuous mining room and pillar
method of mining. It is anticipated that
each vertical wellbore will be mined
through only once in any seam.
(4) With respect to vertical mines, the
petitioner proposes to modify 30 CFR
75.1700 as provided for below. The
modifications requested would allow
petitioner to mine through vertical
wellbores as encountered and whenever
the safety barrier diameter is reduced to
a distance less than the District Manager
would approve pursuant to § 75.1700 for
plugged oil or gas wells penetrating the
Pocahontas No. 3 Coal Seam and other
mineable coal seams.
(a) The petitioner proposes to use the
following procedures when cleaning out
and preparing oil and gas wells prior to
plugging and replugging;
(1) A diligent effort will be made to
clean the borehole to the original total
depth. If this depth cannot be reached,
the borehole will be cleaned out to a
depth which would permit the
placement of at least 200 feet of
expanding cement below the base of the
lowest mineable coalbed.
(2) When cleaning the borehole, a
diligent effort will be made to remove
all the casing in the borehole. If it is not
possible to remove all casing, the casing
which remains will be perforated, or
ripped, at intervals spaced close enough
to permit expanding cement slurry to
infiltrate the annulus between the
casing and the borehole wall for a
distance of at least 200 feet below the
base of the lowest mineable coalbed.
(3) If the cleaned-out borehole
produces gas, a mechanical bridge plug
will be placed in the borehole in a
competent stratum at least 200 feet
below the base of the lowest mineable
coalbed, but above the top of the
uppermost hydrocarbon-producing
stratum. If it is not possible to set a
mechanical bridge plug, a substantial
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brush plug may be used in place of the
mechanical bridge plug.
(4) Logs will be made consisting of a
caliper survey directional deviation
survey and logs suitable for determining
the top and bottom of the lowest
mineable coalbed and potential
hydrocarbon producing strata and the
location for the bridge plug.
(5) If the uppermost hydrocarbonproducing stratum is within 200 feet of
the base of the lowest mineable coalbed,
properly placed mechanical bridge
plugs or a suitable brush plug, described
in subparagraph (a)(3) above, will be
used to isolate the hydrocarbonproducing stratum from the expanding
cement plug. Nevertheless, a minimum
of 200 feet of expanding cement will be
placed below the lowest mineable
coalbed.
(6) The wellbore will be completely
filled and circulated with a gel that
inhibits any flow of gas, supports the
walls of the borehole, and increases the
density of the expanding cement. This
gel will be pumped through open-end
tubing that extends to approximately 20
feet above the bottom of the cleaned out
area of the borehole or bridge plug.
(b) The petitioner proposes to use the
following procedures when plugging oil
and gas wells to the surface:
(1) A cement plug will be set in the
wellbore by pumping an expanding
cement slurry down the tubing to
displace the gel and fill the borehole to
the surface. As an alternative, the
cement slurry may be pumped down the
tubing so that the borehole is filled with
Portland cement or a Portland cementfly ash mixture from approximately 100
feet above the top of the lowest
mineable coalbed to the surface with an
expanding cement plug extending from
at least 200 feet below the lowest
mineable coalbed to the bottom of the
Portland cement. There will be at least
200 feet of expanding cement below the
base of the lowest mineable coalbed.
(2) A small quantity of steel turnings,
or other small magnetic particles, will
be embedded in the top of the cement
near the surface to serve as a permanent
magnetic monument of the borehole.
(c) The petitioner proposes the
following procedures when using the
vent pipe method for plugging oil and
gas wells:
(1) A 41⁄2-inch or larger vent pipe will
be run into the wellbore to a depth of
100 feet below the lowest mineable
coalbed and wedged to a small diameter
pipe, if needed, which will extend to
approximately 20 feet above the bottom
of the cleaned out area of the borehole
or bridge plug.
(2) A cement plug will be set in the
wellbore by pumping an expanding
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cement slurry, Portland cement, or a
Portland cement-fly ash mixture down
the tubing to displace the gel so that the
borehole is filled with cement. The
borehole and the vent pipe will be filled
with expanding cement to a minimum
of 200 feet below the base of the lowest
mineable coalbed. The top of the
expanding cement will extend upward
to approximately 100 feet above the top
of the lowest mineable coalbed.
(3) All fluid will be evacuated from
the vent pipe to facilitate testing for
gases. During the evacuation of fluid,
the expanding cement will not be
disturbed.
(4) The top of the vent pipe will be
protected to prevent liquids or solids
from entering the wellbore, but permit
ready access to the full internal
diameter of the vent pipe when
necessary.
(d) The petitioner proposes to use the
following procedures when plugging oil
or gas wells for subsequent use as
degasification boreholes:
(1) A cement plug will be set in the
wellbore by pumping an expanding
cement slurry down the tubing to
displace the gel and provide at least 200
feet of expanding cement below the
lowest mineable coalbed. The top of the
expanding cement will extend upward
to about the top of the coalbed being
mined. This distance will be based on
the average height of the roof strata
breakage for the mine.
(2) To facilitate methane drainage,
degasification casing of suitable
diameter, slotted or perforated
throughout its lower 150 to 200 feet,
will be set in the borehole to a point 10
to 30 feet above the top of the expanding
cement.
(3) The annulus between the
degasification casing and the borehole
wall will be cemented from a point
immediately above the slots or
perforations to the surface.
(4) The degasification casing will be
cleaned out for its total length.
(5) The top of the degasification
casing will be fitted with a wellhead
equipped as required by the DM. Such
equipment may include check valves,
shut-in valves, sampling ports, flame
arrestor equipment, and security
fencing.
(e) The petitioner proposes to use the
well plugging procedures described
above and the cut-through procedures
described below whenever the
petitioner reduces the safety barrier
diameter to a distance less than the DM
would approve pursuant to § 75.1700, or
proceeds with an intent to cut-through
a plugged well.
(1) The petitioner will notify the DM
or his designee prior to reducing the
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safety barrier to a distance less than the
DM would approve pursuant to
§ 75.1700 or proceeding with an intent
to cut through a plugged well.
(2) Mining through a plugged well
will be done on a shift approved by the
DM or designee.
(3) Prior to mining through a plugged
well, the petitioner will notify the DM
or designee, representative of the
miners, and the appropriate State
agency in sufficient time for them to
have a representative present.
(4) Drivage sites will be installed at
the last open crosscut near the place to
be mined to ensure intersection of the
well. The drivage sites will not be more
than 50 feet from the well.
(5) Firefighting equipment, including
fire extinguishers, rock dust, and
sufficient fire hose to reach the working
face area of the mining-through will be
available when either the conventional
or continuous mining method is used.
The fire hose will be located in the last
open crosscut of the entry or room. All
fire hoses will be ready for operation
during the mining-through.
(6) Sufficient supplies of roof support
and ventilation materials will be
available and located at the last open
crosscut. In addition, an emergency plug
and/or plugs will be available in the
immediate area of the mine-through.
(7) At least the quantity of air required
by the approved mine ventilation plan,
but not less than 6,000 cubic feet per
minute for scrubber equipped
continuous miners or not less than
9,000 cubic feet per minute for
continuous miner sections using
auxiliary fans or line brattice only, will
be used to ventilate the working face
during the mining- through operation.
(8) Equipment will be checked for
permissibility and serviced on the shift
prior to mining-through the well and the
water line maintained to the tail piece
with a sufficient amount of fire hose to
reach the farthest point of penetration
on the section.
(9) The methane monitor on the
continuous mining machine will be
calibrated on the shift prior to miningthrough the well.
(10) When mining is in progress, tests
for methane will be made with a handheld methane detector at least every 10
minutes from the time that mining with
the continuous mining machine is
within 30 feet of the well until the well
is intersected and immediately prior to
mining through. During the actual
cutting through process, no individual
will be allowed on the return side until
mining-through has been completed and
the area has been examined and
declared safe.
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(11) The working place will be free
from accumulations of coal dust and
coal spillages, and rock dust will be
placed on the roof, rib and floor within
20 feet of the face when mining through
or near the well on the shift or shifts
during which the cut-through will
occur.
(12) 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 flames will be
permitted in the area until adequate
ventilation has been established around
the wellbore.
(13) After a well has been intersected
and the working place determined safe,
mining will continue inby the well a
sufficient distance to permit adequate
ventilation around the area of the
wellbore.
(14) No person will be permitted in
the area of the mining-through operation
except those actually engaged in the
operation, company personnel,
representatives of the miners, personnel
from MSHA, and personnel from the
appropriate State agency.
(15) 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.
(16) MSHA personnel may interrupt
or halt the mining-through operation
when it is necessary for the safety of the
miners.
(17) A copy of the petition will be
maintained at the mine and be available
to the miners.
(18) The petitioner will file a plugging
affidavit setting forth the persons who
participated in the work, a description
of the plugging work, and certification
by the petitioner that the well has been
plugged as described.
(19) Within 60 days after the proposed
decision and order (PDO) becomes final,
the petitioner will submit proposed
revisions for its approved 30 CFR part
48 training plan to the DM. These
proposed revisions will include initial
and refresher training regarding
compliance with the terms and
conditions in the PDO.
(f) Prior to mining through a vertical
wellbore of a well, in addition to
complying with the modifications
described above, the petitioner will
verify that the following procedures
have been performed on the well:
(1) If water is present, it will be bailed
from the vertical section of the wellbore,
as close to the coal seam elevation as
practical using normal bailing
equipment.
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(2) The surface wellhead will be
maintained open to bring the vertical
section of the wellbore to outside
atmospheric pressure.
(g) In addition, the petitioner
proposes to do the following:
(1) Install drivage sites within 80 feet
of the mine-through point.
(2) Provide firefighting equipment
near the working face, including two
10—pound fire extinguishers, 240
pounds of rock dust, and fire hose of
sufficient length to reach the working
face and capable of delivering at least 50
gallons per minute of water at minimum
pressure of 50 pounds per square inch.
(3) Supply a quantity of at least 9,000
CFM of intake air at the face, but no less
than the approved ventilation plan
amount, of intake air at the face.
(4) Calibrate the continuous miner
methane monitor on one of the five
production shifts prior to the shift
during which the mine-through is
anticipated.
(5) Test for methane with a hand-held
methane detector at least every 10
minutes during the time mining is
conducted within 30 feet of the
wellbore.
(6) Deenergize all equipment and
thoroughly examine the area when the
wellbore is intersected.
(7) Continue hand-held methane
detector tests at least every 10 minutes
during production shifts until mining
has progressed 20 feet past the initial
mine-through point once the area has
been determined to be safe and mining
has resumed.
(h) Only company personnel,
personnel from MSHA, and personnel
from the appropriate West Virginia
agency will be permitted in the area of
the mine-through operation.
(i) The mine-through operation will
be under the direct supervision of the
certified official. Instructions
concerning the mine-through operation
will be issued only by a certified
official.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection from the potential
hazards against which the existing
standard was intended to guard.
Sheila McConnell,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2018–13396 Filed 6–21–18; 8:45 am]
BILLING CODE 4520–43–P
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DEPARTMENT OF LABOR
Office of Workers’ Compensation
Programs
Proposed Extension of Existing
Collection; Comment Request
ACTION:
Notice.
The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a preclearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
and/or continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995. This
program helps to ensure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. Currently, the Office
of Workers’ Compensation Programs is
soliciting comments concerning the
proposed collection: Rehabilitation
Maintenance Certificate (OWCP–17). A
copy of the proposed information
collection request can be obtained by
contacting the office listed below in the
addresses section of this Notice.
DATES: Written comments must be
submitted to the office listed in the
addresses section below on or before
August 21, 2018.
ADDRESSES: You may submit comments
by mail, delivery service, or by hand to
Ms. Yoon Ferguson, U.S. Department of
Labor, 200 Constitution Ave. NW, Room
S–3323, Washington, DC 20210; by fax
to (202) 354–9647; or by Email to
ferguson.yoon@dol.gov. Please use only
one method of transmission for
comments (mail/delivery, fax, or Email).
Please note that comments submitted
after the comment period will not be
considered.
SUPPLEMENTARY INFORMATION:
I. Background: The Office of Workers’
Compensation Programs (OWCP)
administers the Federal Employees’
Compensation Act (FECA) and the
Longshore and Harbor Workers’
Compensation Act (LHWCA). These acts
provide vocational rehabilitation
services to eligible workers with
disabilities. 5 U.S.C. 8111(b) of the
FECA provides that OWCP may pay an
individual undergoing vocational
rehabilitation a maintenance allowance,
not to exceed $200 a month. 33 U.S.C.
908(g) of the LHWCA provide that
person(s) undergoing such vocational
rehabilitation shall receive maintenance
SUMMARY:
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29143
allowances as additional compensation.
Form OWCP–17 is used to collect
information necessary to determine the
amount of any maintenance allowance
to be paid. This information collection
is currently approved for use through
November 30, 2018.
II. Review Focus: The Department of
Labor is particularly interested in
comments which:
* Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
* evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
* enhance the quality, utility and
clarity of the information to be
collected; and
* minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
III. Current Actions: The Department
of Labor seeks the approval for the
extension of this currently approved
information collection in order to carry
out its responsibility to assure payment
of compensation benefits to injured
workers at the proper rate.
Type of Review: Extension.
Agency: Office of Workers’
Compensation Programs.
Title: Rehabilitation Maintenance
Certificate.
OMB Number: 1240–0012.
Agency Number: OWCP–17.
Affected Public: Individuals or
households.
Total Respondents: 370.
Total Annual Responses: 3,452.
Average Time per Response: 10
minutes.
Estimated Total Burden Hours: 575.
Frequency: On occasion.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operating/
maintenance): $1,830.
Comments submitted in response to
this notice will be summarized and/or
included in the request for Office of
Management and Budget approval of the
information collection request; they will
also become a matter of public record.
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]]>Agencies
[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Notices]
[Pages 29140-29143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13396]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of Application of Existing Mandatory
Safety Standard
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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SUMMARY: This notice is a summary of petitions for modification
submitted to the Mine Safety and Health Administration (MSHA) by the
parties listed below.
DATES: All comments on the petitions must be received by MSHA's Office
of Standards, Regulations, and Variances on or before July 23, 2018.
ADDRESSES: You may submit your comments, identified by ``docket
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number'' on the subject line, by any of the following methods:
1. Email: [email protected]. 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, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, Director,
Office of Standards, Regulations, and Variances. Persons delivering
documents are required to check in at the receptionist's desk in Suite
4E401. 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 (phone),
[email protected] (email), or 202-693-9441 (fax). [These are not
toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety
and Health Act of 1977 and Title 30 of the Code of Federal Regulations
Part 44 govern the application, processing, and disposition of
petitions for modification.
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 (Secretary)
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. Petition for Modification
Docket Number: M-2018-015-C.
Petitioner: Spartan Mining Company, LLC, 500 Lee Street East, Suite
701 (25301), P.O. Box 2548, Charleston, West Virginia 25329.
Mine: Road Fork #52 Mine, MSHA I.D. No. 46-09522, located in
Wyoming County, West Virginia.
Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
Modification Request: The petitioner requests a modification of the
existing standard as it relates to vertical oil and gas wells at the
Road Fork #52 mine. The petitioner states that:
(1) The Road Fork #52 mine extracts coal from the Pocahontas No. 3
coal seam. The Road Fork #52 mine will operate two continuous miner
sections producing coal 5 to 6 days per week.
(2) In addition to the horizontal coalbed methane wells, there are
many vertical oil and gas wells which exist in the reserve area of the
Road Fork #52 mine.
(3) Road Fork #52 mine will employ the continuous mining room and
pillar method of mining. It is anticipated that each vertical wellbore
will be mined through only once in any seam.
(4) With respect to vertical mines, the petitioner proposes to
modify 30 CFR 75.1700 as provided for below. The modifications
requested would allow petitioner to mine through vertical wellbores as
encountered and whenever the safety barrier diameter is reduced to a
distance less than the District Manager would approve pursuant to Sec.
75.1700 for plugged oil or gas wells penetrating the Pocahontas No. 3
Coal Seam and other mineable coal seams.
(a) The petitioner proposes to use the following procedures when
cleaning out and preparing oil and gas wells prior to plugging and
replugging;
(1) A diligent effort will be made to clean the borehole to the
original total depth. If this depth cannot be reached, the borehole
will be cleaned out to a depth which would permit the placement of at
least 200 feet of expanding cement below the base of the lowest
mineable coalbed.
(2) When cleaning the borehole, a diligent effort will be made to
remove all the casing in the borehole. If it is not possible to remove
all casing, the casing which remains will be perforated, or ripped, at
intervals spaced close enough to permit expanding cement slurry to
infiltrate the annulus between the casing and the borehole wall for a
distance of at least 200 feet below the base of the lowest mineable
coalbed.
(3) If the cleaned-out borehole produces gas, a mechanical bridge
plug will be placed in the borehole in a competent stratum at least 200
feet below the base of the lowest mineable coalbed, but above the top
of the uppermost hydrocarbon-producing stratum. If it is not possible
to set a mechanical bridge plug, a substantial brush plug may be used
in place of the mechanical bridge plug.
(4) Logs will be made consisting of a caliper survey directional
deviation survey and logs suitable for determining the top and bottom
of the lowest mineable coalbed and potential hydrocarbon producing
strata and the location for the bridge plug.
(5) If the uppermost hydrocarbon-producing stratum is within 200
feet of the base of the lowest mineable coalbed, properly placed
mechanical bridge plugs or a suitable brush plug, described in
subparagraph (a)(3) above, will be used to isolate the hydrocarbon-
producing stratum from the expanding cement plug. Nevertheless, a
minimum of 200 feet of expanding cement will be placed below the lowest
mineable coalbed.
(6) The wellbore will be completely filled and circulated with a
gel that inhibits any flow of gas, supports the walls of the borehole,
and increases the density of the expanding cement. This gel will be
pumped through open-end tubing that extends to approximately 20 feet
above the bottom of the cleaned out area of the borehole or bridge
plug.
(b) The petitioner proposes to use the following procedures when
plugging oil and gas wells to the surface:
(1) A cement plug will be set in the wellbore by pumping an
expanding cement slurry down the tubing to displace the gel and fill
the borehole to the surface. As an alternative, the cement slurry may
be pumped down the tubing so that the borehole is filled with Portland
cement or a Portland cement-fly ash mixture from approximately 100 feet
above the top of the lowest mineable coalbed to the surface with an
expanding cement plug extending from at least 200 feet below the lowest
mineable coalbed to the bottom of the Portland cement. There will be at
least 200 feet of expanding cement below the base of the lowest
mineable coalbed.
(2) A small quantity of steel turnings, or other small magnetic
particles, will be embedded in the top of the cement near the surface
to serve as a permanent magnetic monument of the borehole.
(c) The petitioner proposes the following procedures when using the
vent pipe method for plugging oil and gas wells:
(1) A 4\1/2\-inch or larger vent pipe will be run into the wellbore
to a depth of 100 feet below the lowest mineable coalbed and wedged to
a small diameter pipe, if needed, which will extend to approximately 20
feet above the bottom of the cleaned out area of the borehole or bridge
plug.
(2) A cement plug will be set in the wellbore by pumping an
expanding
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cement slurry, Portland cement, or a Portland cement-fly ash mixture
down the tubing to displace the gel so that the borehole is filled with
cement. The borehole and the vent pipe will be filled with expanding
cement to a minimum of 200 feet below the base of the lowest mineable
coalbed. The top of the expanding cement will extend upward to
approximately 100 feet above the top of the lowest mineable coalbed.
(3) All fluid will be evacuated from the vent pipe to facilitate
testing for gases. During the evacuation of fluid, the expanding cement
will not be disturbed.
(4) The top of the vent pipe will be protected to prevent liquids
or solids from entering the wellbore, but permit ready access to the
full internal diameter of the vent pipe when necessary.
(d) The petitioner proposes to use the following procedures when
plugging oil or gas wells for subsequent use as degasification
boreholes:
(1) A cement plug will be set in the wellbore by pumping an
expanding cement slurry down the tubing to displace the gel and provide
at least 200 feet of expanding cement below the lowest mineable
coalbed. The top of the expanding cement will extend upward to about
the top of the coalbed being mined. This distance will be based on the
average height of the roof strata breakage for the mine.
(2) To facilitate methane drainage, degasification casing of
suitable diameter, slotted or perforated throughout its lower 150 to
200 feet, will be set in the borehole to a point 10 to 30 feet above
the top of the expanding cement.
(3) The annulus between the degasification casing and the borehole
wall will be cemented from a point immediately above the slots or
perforations to the surface.
(4) The degasification casing will be cleaned out for its total
length.
(5) The top of the degasification casing will be fitted with a
wellhead equipped as required by the DM. Such equipment may include
check valves, shut-in valves, sampling ports, flame arrestor equipment,
and security fencing.
(e) The petitioner proposes to use the well plugging procedures
described above and the cut-through procedures described below whenever
the petitioner reduces the safety barrier diameter to a distance less
than the DM would approve pursuant to Sec. 75.1700, or proceeds with
an intent to cut-through a plugged well.
(1) The petitioner will notify the DM or his designee prior to
reducing the safety barrier to a distance less than the DM would
approve pursuant to Sec. 75.1700 or proceeding with an intent to cut
through a plugged well.
(2) Mining through a plugged well will be done on a shift approved
by the DM or designee.
(3) Prior to mining through a plugged well, the petitioner will
notify the DM or designee, representative of the miners, and the
appropriate State agency in sufficient time for them to have a
representative present.
(4) Drivage sites will be installed at the last open crosscut near
the place to be mined to ensure intersection of the well. The drivage
sites will not be more than 50 feet from the well.
(5) Firefighting equipment, including fire extinguishers, rock
dust, and sufficient fire hose to reach the working face area of the
mining-through will be available when either the conventional or
continuous mining method is used. The fire hose will be located in the
last open crosscut of the entry or room. All fire hoses will be ready
for operation during the mining-through.
(6) Sufficient supplies of roof support and ventilation materials
will be available and located at the last open crosscut. In addition,
an emergency plug and/or plugs will be available in the immediate area
of the mine-through.
(7) At least the quantity of air required by the approved mine
ventilation plan, but not less than 6,000 cubic feet per minute for
scrubber equipped continuous miners or not less than 9,000 cubic feet
per minute for continuous miner sections using auxiliary fans or line
brattice only, will be used to ventilate the working face during the
mining- through operation.
(8) Equipment will be checked for permissibility and serviced on
the shift prior to mining-through the well and the water line
maintained to the tail piece with a sufficient amount of fire hose to
reach the farthest point of penetration on the section.
(9) The methane monitor on the continuous mining machine will be
calibrated on the shift prior to mining-through the well.
(10) 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 that mining with the continuous mining machine is within 30 feet
of the well until the well is intersected and immediately prior to
mining through. During the actual cutting through process, no
individual will be allowed on the return side until mining-through has
been completed and the area has been examined and declared safe.
(11) The working place will be free from accumulations of coal dust
and coal spillages, and rock dust will be placed on the roof, rib and
floor within 20 feet of the face when mining through or near the well
on the shift or shifts during which the cut-through will occur.
(12) 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
flames will be permitted in the area until adequate ventilation has
been established around the wellbore.
(13) After a well has been intersected and the working place
determined safe, mining will continue inby the well a sufficient
distance to permit adequate ventilation around the area of the
wellbore.
(14) No person will be permitted in the area of the mining-through
operation except those actually engaged in the operation, company
personnel, representatives of the miners, personnel from MSHA, and
personnel from the appropriate State agency.
(15) 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.
(16) MSHA personnel may interrupt or halt the mining-through
operation when it is necessary for the safety of the miners.
(17) A copy of the petition will be maintained at the mine and be
available to the miners.
(18) The petitioner will file a plugging affidavit setting forth
the persons who participated in the work, a description of the plugging
work, and certification by the petitioner that the well has been
plugged as described.
(19) Within 60 days after the proposed decision and order (PDO)
becomes final, the petitioner will submit proposed revisions for its
approved 30 CFR part 48 training plan to the DM. These proposed
revisions will include initial and refresher training regarding
compliance with the terms and conditions in the PDO.
(f) Prior to mining through a vertical wellbore of a well, in
addition to complying with the modifications described above, the
petitioner will verify that the following procedures have been
performed on the well:
(1) If water is present, it will be bailed from the vertical
section of the wellbore, as close to the coal seam elevation as
practical using normal bailing equipment.
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(2) The surface wellhead will be maintained open to bring the
vertical section of the wellbore to outside atmospheric pressure.
(g) In addition, the petitioner proposes to do the following:
(1) Install drivage sites within 80 feet of the mine-through point.
(2) Provide firefighting equipment near the working face, including
two 10--pound fire extinguishers, 240 pounds of rock dust, and fire
hose of sufficient length to reach the working face and capable of
delivering at least 50 gallons per minute of water at minimum pressure
of 50 pounds per square inch.
(3) Supply a quantity of at least 9,000 CFM of intake air at the
face, but no less than the approved ventilation plan amount, of intake
air at the face.
(4) Calibrate the continuous miner methane monitor on one of the
five production shifts prior to the shift during which the mine-through
is anticipated.
(5) Test for methane with a hand-held methane detector at least
every 10 minutes during the time mining is conducted within 30 feet of
the wellbore.
(6) Deenergize all equipment and thoroughly examine the area when
the wellbore is intersected.
(7) Continue hand-held methane detector tests at least every 10
minutes during production shifts until mining has progressed 20 feet
past the initial mine-through point once the area has been determined
to be safe and mining has resumed.
(h) Only company personnel, personnel from MSHA, and personnel from
the appropriate West Virginia agency will be permitted in the area of
the mine-through operation.
(i) The mine-through operation will be under the direct supervision
of the certified official. Instructions concerning the mine-through
operation will be issued only by a certified official.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection from
the potential hazards against which the existing standard was intended
to guard.
Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2018-13396 Filed 6-21-18; 8:45 am]
BILLING CODE 4520-43-P
