Petition for Modification of Application of Existing Mandatory Safety Standards, 50888-50890 [2022-17802]
Download as PDF
<![CDATA[
50888
Federal Register / Vol. 87, No. 159 / Thursday, August 18, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
documents/handbook_on_filing_
procedures.pdf.). Persons with
questions regarding filing should
contact the Secretary (202–205–2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment by marking each document
with a header indicating that the
document contains confidential
information. This marking will be
deemed to satisfy the request procedure
set forth in Rules 201.6(b) and
210.5(e)(2) (19 CFR 201.6(b) &
210.5(e)(2)). Documents for which
confidential treatment by the
Commission is properly sought will be
treated accordingly. Any non-party
wishing to submit comments containing
confidential information must serve
those comments on the parties to the
investigation pursuant to the applicable
Administrative Protective Order. A
redacted non-confidential version of the
document must also be filed
simultaneously with any confidential
filing and must be served in accordance
with Commission Rule 210.4(f)(7)(ii)(A)
(19 CFR 210.4(f)(7)(ii)(A)). All
information, including confidential
business information and documents for
which confidential treatment is properly
sought, submitted to the Commission for
purposes of this investigation may be
disclosed to and used: (i) by the
Commission, its employees and Offices,
and contract personnel (a) for
developing or maintaining the records
of this or a related proceeding, or (b) in
internal investigations, audits, reviews,
and evaluations relating to the
programs, personnel, and operations of
the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract
personnel, solely for cybersecurity
purposes. All contract personnel will
sign appropriate nondisclosure
agreements. All nonconfidential written
submissions will be available for public
inspection on EDIS.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and in Part 210 of the Commission’s
Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: August 15, 2022.
William Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2022–17778 Filed 8–17–22; 8:45 am]
BILLING CODE 7020–02–P
VerDate Sep<11>2014
17:42 Aug 17, 2022
Jkt 256001
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application
of Existing Mandatory Safety
Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
This notice is a summary of
a petition for modification submitted to
the Mine Safety and Health
Administration (MSHA) by the party
listed below.
DATES: All comments on the petition
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before September 19, 2022.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2022–
0038 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2022–0038.
2. Fax: 202–693–9441.
3. Email: petitioncomments@dol.gov.
4. Regular Mail or Hand Delivery:
MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
Virginia 22202–5452.
Attention: S. Aromie Noe, 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
petition and comments during normal
business hours at the address listed
above. Before visiting MSHA in person,
call 202–693–9455 to make an
appointment, in keeping with the
Department of Labor’s COVID–19
policy. Special health precautions may
be required.
FOR FURTHER INFORMATION CONTACT: S.
Aromie Noe, Office of Standards,
Regulations, and Variances at 202–693–
9440 (voice), Petitionsformodification@
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 (CFR) part
44 govern the application, processing,
and disposition of petitions for
modification.
SUMMARY:
I. Background
Section 101(c) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act) allows the mine operator or
representative of miners to file a
petition to modify the application of any
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
mandatory safety standard to a coal or
other mine if the Secretary of Labor
determines that:
1. An alternative method of achieving
the result of such standard exists which
will at all times guarantee no less than
the same measure of protection afforded
the miners of such mine by such
standard; or
2. The application of such standard to
such mine will result in a diminution of
safety to the miners in such mine.
In addition, sections 44.10 and 44.11
of 30 CFR establish the requirements for
filing petitions for modification.
II. Petition for Modification
Docket Number: M–2022–012–C.
Petitioner: UC Mining, LLC, 835 State
Route 1179, Waverly, Kentucky 42462.
Mine: UC Mining, LLC Mine, MSHA
ID No. 15–02709, located in Union
County, Kentucky.
Regulation Affected: 30 CFR 75.1700,
Oil and gas wells.
Modification Request: The petitioner
requests a modification of 30 CFR
75.1700 to permit an alternate method
as it pertains to leaving barrier pillars
around coal and gas wells in order to
mine through oil and gas wells in all
mineable coalbeds.
The petitioner states that:
(a) The area consists of approximately
10,000 acres located in Henderson and
Union Counties, Kentucky. The area is
situated east of the town of Corydon.
(b) The coal mining method will be
continuous mining machine, room and
pillar. No secondary mining or pillar
extraction will be conducted.
(c) The mineable coal seams in the
reserve area are #11 with an average
thickness of 4.5 feet and an average
depth of 280 feet and #9 with an average
thickness of 5 feet and an average depth
of 400 feet.
(d) A worked-out #9 seam mine was
previously mined directly adjacent
(west) to the current area. These old
works are assumed to be flooded;
however, the inundation potential is
zero as sufficient barrier pillars will be
utilized. The worked-out #9 seam mine
was mined around and mined through
plugged wells under Petition for
Modification (PFM) Docket No. M–
1992–101–C, granted on February 2,
1993. The PFM was revoked on March
2, 2016, because the mine workings had
been abandoned and the surface
opening(s) to the mine sealed.
(e) There are approximately 300
documented wells within the proposed
mining area. The wells date from the
early 1940’s through the present. The
average depth of the wells is 2,540 feet.
(f) There are six main oil producing
fields in the mining area, with principal
E:\FR\FM\18AUN1.SGM
18AUN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 159 / Thursday, August 18, 2022 / Notices
production coming from the following
four formations: Waltersburg
Sandstone—1,760 feet deep; Cypress
Sandstone—2,240 feet deep; Renault
Limestone—2,580 feet deep; and
McClosky Lime—2,620 feet deep.
The petitioner proposes the following
alternative method:
(a) District Manager approval
required:
(1) A safety barrier of 300 feet in
diameter (150 feet between any mined
area and a well) shall be maintained
around all oil and gas wells until
approval to proceed with mining has
been obtained from the District
Manager.
(2) The minimum safety barrier
between any mined area and a well,
based on the geological nature of the
strata and the functionality of the well
as found in the mining area, shall be 70
feet in diameter for an abandoned well
and 100 feet in diameter for an
operational well.
(b) Procedures for cleaning out and
preparing oil and gas wells prior to
plugging or re-plugging:
(1) A diligent effort shall be made to
completely clean out the well from the
surface to at least 100 feet below the
base of the lowest mineable coal seam.
A diligent effort shall be made to
remove all material from the entire
diameter of the well, wall to wall,
except for clearly defined surface
casing.
(2) A diligent effort shall be made to
prepare down-hole logs for each well.
They shall consist of a caliper survey
and log(s) suitable for determining the
top, bottom, and thickness of all coal
seams. A down-hole camera survey may
be used in lieu of down-hole logs.
(3) If it is not possible to remove all
the casing as provided in section (b)(1),
appropriate steps shall be taken to
ensure the annulus between the casing
and well walls is filled with expanding
cement and contains no voids. If the
casing cannot be removed, it shall be cut
or milled at all mineable coal seams.
Perforations or rips shall be made 50
feet above and below the coal seams to
be mined. However, if it is determined
by the use of a casing bond log that the
annulus at the coal seams to be mined
is already adequately sealed with
cement, then perforating or ripping shall
not be required.
(4) If the cleaned-out well produces
gas, or the uppermost hydrocarbonproducing stratum is within 500 feet of
the lowest mineable coal seam, either a
mechanical bridge plug or a cal seal
plug shall be placed in competent
stratum 100 feet below the lowest
mineable coal seam, but above the top
VerDate Sep<11>2014
17:42 Aug 17, 2022
Jkt 256001
of the uppermost hydrocarbonproducing stratum.
(c) Procedures for plugging or replugging oil or gas wells to the surface:
(1) Expanding slurry cement or Class
A cement shall be pumped down the
well to form a plug which runs from at
least 100 feet below the base of the
lowest minable coal seam to the surface.
Portland cement or a lightweight cement
mixture may be used to fill the area
from 100 feet above the top of the
uppermost mineable coal seam to the
surface. Steel turnings or other magnetic
particles shall be embedded in the top
of the cement near the surface;
alternatively if the surface casing is
present, it can serve as a permanent
magnetic monument of the well. Where
the hole cannot be marked with a
physical monument (i.e., prime
farmland), high resolution GPS
coordinates shall be utilized.
(d) Procedures after approval has been
granted by the District Manager to mine
within the safety barrier or to mine
through a plugged well:
(1) A representative of the operator, a
representative of the Kentucky Division
of Mine Safety (DMS), or the MSHA
District Manager may request that a
conference be conducted prior to
mining through a plugged well. Upon
receipt of any such request, the District
Manager shall schedule such a
conference. It shall be the responsibility
of the party requesting the conference to
notify other parties listed above within
a reasonable time prior to the
conference to provide opportunity for
participation. The purpose of the
conference shall be to review, evaluate,
and accommodate any abnormal or
unusual circumstance(s) related to the
condition of the well or surrounding
strata when such conditions are
encountered.
(2) The District Manager shall be
notified at least a week prior to mining
through a well to provide an
opportunity to have a representative
present.
(3) When using continuous mining
methods, drivage sights shall be
installed at the last open crosscut near
the place to be mined to ensure
intersection of the well. The drivage
sights shall not be more than 80 feet
from the well.
(4) Firefighting equipment, including
fire extinguishers, rock dust, and
sufficient fire hose to reach the working
face area, shall be available when either
the conventional or continuous mining
method is used. The fire hose shall be
located near the working face.
(5) Sufficient supplies of roof support
and ventilation materials shall be
available and located near the working
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
50889
face. In addition, an emergency plug
and/or plugs, shall be available within
the immediate area of the mine-through.
(6) Equipment involved in miningthrough the well shall be checked for
permissibility and serviced on the
maintenance shift prior to miningthrough the well. The methane monitor
on the continuous mining machine
involved in mining-through the well
shall be calibrated on the maintenance
shift prior to mining-through the well.
(7) When mining is in progress, tests
for methane shall 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
shall be allowed on the return side until
mining-through has been completed and
the area has been examined and
declared safe.
(8) When the wellbore is intersected,
all equipment shall be deenergized and
the working place thoroughly examined
and determined safe before mining is
resumed. Any well casing shall be
removed and no open flame shall be
permitted in the area until adequate
ventilation has been established around
the wellbore.
(9) When using a continuous mining
machine, the working place shall be free
from accumulations of coal dust and
coal spillages, and rock dust shall be
placed on the roof, rib, and floor to
within 20 feet of the face when miningthrough the well.
(10) After a well has been intersected
and the working place determined safe,
mining shall continue inby the well a
sufficient distance to permit adequate
ventilation around the area of the
wellbore.
(11) No person shall be permitted in
the area of the mining-through operation
except those actually engaged in the
operation, company personnel,
representatives of the miners, MSHA
personnel, and Kentucky DMS
personnel.
(12) The mining-through operation
shall be under the direct supervision of
a certified individual. Instructions
concerning the mining-through
operation shall be issued only by the
certified individual in charge.
(13) MSHA personnel may interrupt
or halt the mining-through operation
when it is necessary for the safety of the
miners.
(14) A copy of the decision and order
approving this petition will be
maintained at the mine and be available
to the Secretary’s representatives,
miners’ representatives, and miners.
E:\FR\FM\18AUN1.SGM
18AUN1
50890
Federal Register / Vol. 87, No. 159 / Thursday, August 18, 2022 / Notices
(15) The operator shall file a plugging
affidavit setting forth the persons who
participated in the work, a description
of the plugging work, and a certification
by the petitioner that the well has been
plugged as described.
(16) Within 30 days after the decision
and order becomes final, the operator
shall submit proposed revisions for its
approved mine emergency evacuation
and firefighting plan required by 30 CFR
75.1501. The operator shall revise the
plans to include the hazards and
evacuation procedures to be used for
well intersections.
The petitioner asserts that the
alternative method proposed will at all
times guarantee no less than the same
measure of protection afforded the
miners under the mandatory standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2022–17802 Filed 8–17–22; 8:45 am]
BILLING CODE 4510–43–P
NATIONAL SCIENCE FOUNDATION
Notice of Permit Applications Received
Under the Antarctic Conservation Act
of 1978
National Science Foundation.
Notice of permit applications
received.
AGENCY:
ACTION:
The National Science
Foundation (NSF) is required to publish
a notice of permit applications received
to conduct activities regulated under the
Antarctic Conservation Act of 1978.
NSF has published regulations under
the Antarctic Conservation Act in the
Code of Federal Regulations. This is the
required notice of permit applications
received.
SUMMARY:
Interested parties are invited to
submit written data, comments, or
views with respect to this permit
application by September 19, 2022. This
application may be inspected by
interested parties at the Permit Office,
address below.
ADDRESSES: Comments should be
addressed to Permit Office, Office of
Polar Programs, National Science
Foundation, 2415 Eisenhower Avenue,
Alexandria, Virginia 22314 or
ACApermits@nsf.gov.
FOR FURTHER INFORMATION CONTACT:
Andrew Titmus, ACA Permit Officer, at
the above address, 703–292–4479.
SUPPLEMENTARY INFORMATION: The
National Science Foundation, as
directed by the Antarctic Conservation
Act of 1978 (Pub. L. 95–541, 45 CFR
khammond on DSKJM1Z7X2PROD with NOTICES
DATES:
VerDate Sep<11>2014
17:42 Aug 17, 2022
Jkt 256001
671), as amended by the Antarctic
Science, Tourism and Conservation Act
of 1996, has developed regulations for
the establishment of a permit system for
various activities in Antarctica and
designation of certain animals and
certain geographic areas as requiring
special protection. The regulations
establish such a permit system to
designate Antarctic Specially Protected
Areas.
Application Details
Permit Application: 2023–008
1. Applicant: Jay J. Rotella, Ecology
Department, Montana State
University, Bozeman, Montana
59717
Activity for Which Permit is
Requested: Take, Harmful Interference,
Enter Antarctic Specially Protected
Area, Import Into USA. The permit
applicant plans to continue long-term
studies of Weddell seal (Leptonychotes
weddellii) populations in Erebus Bay
and the McMurdo Sound region to
evaluate the demographic importance
and geographic origins of immigration
of this long-lived mammal. These
studies may require the applicant and
agents to enter into ASPAs in the area
including ASPA 121, 137, 155, 157, 158,
161, and 173. Proposed research
activities involve tag and release,
weighing, tissue sample collection, and
harassment by approach to read tags.
The proposed research involves capture
and release of up to 930 Weddell seal
pups at one to four days after birth for
flipper tagging per year. Up to 150 of the
pups would also receive external
instrumentation, be weighed, and have
a skin biopsy taken. The applicant
proposes to capture up to 515 adult
Weddell seals per year using a headbagging technique to place or replace
flipper tags. Skin biopsies would be
taken from up to 150 adult female
Weddell seals. Up to 1800 adult
Weddell seals would be harassed for
observation, tag resighting,
photography, and unintentional
harassment per year. Additionally, up to
900 Weddell seal pups would be
harassed through incidental disturbance
as a part of the research per year. The
applicant requests four Weddell seal
unintentional mortalities, two pups and
two adults, per year. The applicant also
plans to collect tissues from adult
Weddell seals found dead from natural
causes. All samples collected during the
course of this research would be
imported into the United States. During
the course of the study, the applicant
anticipates incidental disturbance of a
limited number of crabeater seals
(Lobodon carcinophagus) and leopard
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
seals (Hydrurga leptonyx). The permit
applicant has received a Marine
Mammal Protection Act permit for the
proposed activities.
Location: Erebus Bay, McMurdo
Sound; ASPA 121—Cape Royds, Ross
Island; ASPA 137—North-West White
Island, McMurdo Sound; ASPA 155—
Cape Evans, Ross Island; ASPA 157—
Backdoor Bay, Cape Royds, Ross Island;
ASPA 158—Hut Point, Ross Island;
ASPA 161—Terra Nova Bay, Ross Sea;
ASPA 173—Cape Washington and
Silverfish Bay, Terra Nova Bay, Ross
Sea.
Dates of Permitted Activities: Dates.
October 1, 2022–September 30, 2027.
Suzanne H. Plimpton,
Management Analyst, National Science
Foundation.
[FR Doc. 2022–17755 Filed 8–17–22; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR WASTE TECHNICAL
REVIEW BOARD
Board Meeting
The U.S. Nuclear Waste Technical
Review Board will hold a hybrid (inperson/virtual) public meeting on
September 13–14, 2022.
Board meeting: September 13–14,
2022—The U.S. Nuclear Waste
Technical Review Board will hold a
hybrid (in-person/virtual) public
meeting in Arlington, Virginia, to
review information on the U.S.
Department of Energy’s (DOE) research
and development (R&D) activities
related to the geologic disposal of spent
nuclear fuel (SNF) and high-level
radioactive waste (HLW) in clay-bearing
host rocks and R&D on clay-based
engineered barriers.
Pursuant to its authority under
section 5051 of Public Law 100–203,
Nuclear Waste Policy Amendments Act
(NWPAA) of 1987, the U.S. Nuclear
Waste Technical Review Board will
hold a hybrid (in-person/virtual) public
meeting in Arlington, Virginia, on
Tuesday, September 13, 2022, and
Wednesday, September 14, 2022, to
review information on the U.S.
Department of Energy’s (DOE) research
and development (R&D) activities
related to the geologic disposal of spent
nuclear fuel (SNF) and high-level
radioactive waste (HLW) in clay-bearing
host rocks and R&D on clay-based
engineered barriers.
The Board meeting will be held at the
Holiday Inn National Airport/Crystal
City, 2650 Richmond Highway,
Arlington, VA 22202. The hotel
telephone number is (703) 684–7200.
E:\FR\FM\18AUN1.SGM
18AUN1
]]>Agencies
[Federal Register Volume 87, Number 159 (Thursday, August 18, 2022)]
[Notices]
[Pages 50888-50890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17802]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice is a summary of a petition for modification
submitted to the Mine Safety and Health Administration (MSHA) by the
party listed below.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before September 19,
2022.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0038 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2022-0038.
2. Fax: 202-693-9441.
3. Email: [email protected].
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452.
Attention: S. Aromie Noe, 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 petition and comments during normal business
hours at the address listed above. Before visiting MSHA in person, call
202-693-9455 to make an appointment, in keeping with the Department of
Labor's COVID-19 policy. Special health precautions may be required.
FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
[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
(CFR) 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 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. The application of such standard to such mine will result in a
diminution of safety to the miners in such mine.
In addition, sections 44.10 and 44.11 of 30 CFR establish the
requirements for filing petitions for modification.
II. Petition for Modification
Docket Number: M-2022-012-C.
Petitioner: UC Mining, LLC, 835 State Route 1179, Waverly, Kentucky
42462.
Mine: UC Mining, LLC Mine, MSHA ID No. 15-02709, located in Union
County, Kentucky.
Regulation Affected: 30 CFR 75.1700, Oil and gas wells.
Modification Request: The petitioner requests a modification of 30
CFR 75.1700 to permit an alternate method as it pertains to leaving
barrier pillars around coal and gas wells in order to mine through oil
and gas wells in all mineable coalbeds.
The petitioner states that:
(a) The area consists of approximately 10,000 acres located in
Henderson and Union Counties, Kentucky. The area is situated east of
the town of Corydon.
(b) The coal mining method will be continuous mining machine, room
and pillar. No secondary mining or pillar extraction will be conducted.
(c) The mineable coal seams in the reserve area are #11 with an
average thickness of 4.5 feet and an average depth of 280 feet and #9
with an average thickness of 5 feet and an average depth of 400 feet.
(d) A worked-out #9 seam mine was previously mined directly
adjacent (west) to the current area. These old works are assumed to be
flooded; however, the inundation potential is zero as sufficient
barrier pillars will be utilized. The worked-out #9 seam mine was mined
around and mined through plugged wells under Petition for Modification
(PFM) Docket No. M-1992-101-C, granted on February 2, 1993. The PFM was
revoked on March 2, 2016, because the mine workings had been abandoned
and the surface opening(s) to the mine sealed.
(e) There are approximately 300 documented wells within the
proposed mining area. The wells date from the early 1940's through the
present. The average depth of the wells is 2,540 feet.
(f) There are six main oil producing fields in the mining area,
with principal
[[Page 50889]]
production coming from the following four formations: Waltersburg
Sandstone--1,760 feet deep; Cypress Sandstone--2,240 feet deep; Renault
Limestone--2,580 feet deep; and McClosky Lime--2,620 feet deep.
The petitioner proposes the following alternative method:
(a) District Manager approval required:
(1) A safety barrier of 300 feet in diameter (150 feet between any
mined area and a well) shall be maintained around all oil and gas wells
until approval to proceed with mining has been obtained from the
District Manager.
(2) The minimum safety barrier between any mined area and a well,
based on the geological nature of the strata and the functionality of
the well as found in the mining area, shall be 70 feet in diameter for
an abandoned well and 100 feet in diameter for an operational well.
(b) Procedures for cleaning out and preparing oil and gas wells
prior to plugging or re-plugging:
(1) A diligent effort shall be made to completely clean out the
well from the surface to at least 100 feet below the base of the lowest
mineable coal seam. A diligent effort shall be made to remove all
material from the entire diameter of the well, wall to wall, except for
clearly defined surface casing.
(2) A diligent effort shall be made to prepare down-hole logs for
each well. They shall consist of a caliper survey and log(s) suitable
for determining the top, bottom, and thickness of all coal seams. A
down-hole camera survey may be used in lieu of down-hole logs.
(3) If it is not possible to remove all the casing as provided in
section (b)(1), appropriate steps shall be taken to ensure the annulus
between the casing and well walls is filled with expanding cement and
contains no voids. If the casing cannot be removed, it shall be cut or
milled at all mineable coal seams. Perforations or rips shall be made
50 feet above and below the coal seams to be mined. However, if it is
determined by the use of a casing bond log that the annulus at the coal
seams to be mined is already adequately sealed with cement, then
perforating or ripping shall not be required.
(4) If the cleaned-out well produces gas, or the uppermost
hydrocarbon-producing stratum is within 500 feet of the lowest mineable
coal seam, either a mechanical bridge plug or a cal seal plug shall be
placed in competent stratum 100 feet below the lowest mineable coal
seam, but above the top of the uppermost hydrocarbon-producing stratum.
(c) Procedures for plugging or re-plugging oil or gas wells to the
surface:
(1) Expanding slurry cement or Class A cement shall be pumped down
the well to form a plug which runs from at least 100 feet below the
base of the lowest minable coal seam to the surface. Portland cement or
a lightweight cement mixture may be used to fill the area from 100 feet
above the top of the uppermost mineable coal seam to the surface. Steel
turnings or other magnetic particles shall be embedded in the top of
the cement near the surface; alternatively if the surface casing is
present, it can serve as a permanent magnetic monument of the well.
Where the hole cannot be marked with a physical monument (i.e., prime
farmland), high resolution GPS coordinates shall be utilized.
(d) Procedures after approval has been granted by the District
Manager to mine within the safety barrier or to mine through a plugged
well:
(1) A representative of the operator, a representative of the
Kentucky Division of Mine Safety (DMS), or the MSHA District Manager
may request that a conference be conducted prior to mining through a
plugged well. Upon receipt of any such request, the District Manager
shall schedule such a conference. It shall be the responsibility of the
party requesting the conference to notify other parties listed above
within a reasonable time prior to the conference to provide opportunity
for participation. The purpose of the conference shall be to review,
evaluate, and accommodate any abnormal or unusual circumstance(s)
related to the condition of the well or surrounding strata when such
conditions are encountered.
(2) The District Manager shall be notified at least a week prior to
mining through a well to provide an opportunity to have a
representative present.
(3) When using continuous mining methods, drivage sights shall be
installed at the last open crosscut near the place to be mined to
ensure intersection of the well. The drivage sights shall not be more
than 80 feet from the well.
(4) Firefighting equipment, including fire extinguishers, rock
dust, and sufficient fire hose to reach the working face area, shall be
available when either the conventional or continuous mining method is
used. The fire hose shall be located near the working face.
(5) Sufficient supplies of roof support and ventilation materials
shall be available and located near the working face. In addition, an
emergency plug and/or plugs, shall be available within the immediate
area of the mine-through.
(6) Equipment involved in mining-through the well shall be checked
for permissibility and serviced on the maintenance shift prior to
mining-through the well. The methane monitor on the continuous mining
machine involved in mining-through the well shall be calibrated on the
maintenance shift prior to mining-through the well.
(7) When mining is in progress, tests for methane shall 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 shall be allowed on the return side until mining-through has
been completed and the area has been examined and declared safe.
(8) When the wellbore is intersected, all equipment shall be
deenergized and the working place thoroughly examined and determined
safe before mining is resumed. Any well casing shall be removed and no
open flame shall be permitted in the area until adequate ventilation
has been established around the wellbore.
(9) When using a continuous mining machine, the working place shall
be free from accumulations of coal dust and coal spillages, and rock
dust shall be placed on the roof, rib, and floor to within 20 feet of
the face when mining-through the well.
(10) After a well has been intersected and the working place
determined safe, mining shall continue inby the well a sufficient
distance to permit adequate ventilation around the area of the
wellbore.
(11) No person shall be permitted in the area of the mining-through
operation except those actually engaged in the operation, company
personnel, representatives of the miners, MSHA personnel, and Kentucky
DMS personnel.
(12) The mining-through operation shall be under the direct
supervision of a certified individual. Instructions concerning the
mining-through operation shall be issued only by the certified
individual in charge.
(13) MSHA personnel may interrupt or halt the mining-through
operation when it is necessary for the safety of the miners.
(14) A copy of the decision and order approving this petition will
be maintained at the mine and be available to the Secretary's
representatives, miners' representatives, and miners.
[[Page 50890]]
(15) The operator shall file a plugging affidavit setting forth the
persons who participated in the work, a description of the plugging
work, and a certification by the petitioner that the well has been
plugged as described.
(16) Within 30 days after the decision and order becomes final, the
operator shall submit proposed revisions for its approved mine
emergency evacuation and firefighting plan required by 30 CFR 75.1501.
The operator shall revise the plans to include the hazards and
evacuation procedures to be used for well intersections.
The petitioner asserts that the alternative method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-17802 Filed 8-17-22; 8:45 am]
BILLING CODE 4510-43-P
