Petition for Modification of Application of Existing Mandatory Safety Standards, 23101-23104 [2023-07864]
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Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Notices
WIOA requirements, and the states
complete grant deliverables such as
state economic analyses or special
workforce information, economic
studies, and the annual performance
report. For additional substantive
information about this ICR, see the
related notice published in the Federal
Register on January 23, 2023 (88 FR
4037).
This 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 the OMB
approves it 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 that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
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cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–ETA.
Title of Collection: Workforce
Information Grants to States (WIGS).
OMB Control Number: 1205–0417.
Affected Public: State, Local, and
Tribal Governments.
Total Estimated Number of
Respondents: 54.
Total Estimated Number of
Responses: 162.
Total Estimated Annual Time Burden:
31,228 hours.
Total Estimated Annual Other Costs
Burden: $0.
(Authority: 44 U.S.C. 3507(a)(1)(D))
Dated: April 10, 2023.
Mara Blumenthal,
Senior PRA Analyst.
I. Background
[FR Doc. 2023–07866 Filed 4–13–23; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
ddrumheller on DSK120RN23PROD with NOTICES1
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
SUMMARY:
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17:45 Apr 13, 2023
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 May 15, 2023.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2023–
0010 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2023–0010.
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.
Jkt 259001
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.
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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–2023–003–C.
Petitioner: Marion County Coal
Resources, Inc., 151 Johnnycake Road,
Metz, West Virginia 26585.
Mine: Marion County Mine, MSHA ID
No. 46–01433, located in Marion
County, West Virginia.
Regulation Affected: 30 CFR 75.1700,
Oil and gas wells.
Modification Request: The petitioner
requests a modification of 30 CFR
75.1700 to permit mining within the 300
feet diameter safety barrier of two
unconventional gas wells in the
Marcellus shale.
The petitioner states that:
(a) The Marion County Mine desires
to plug two unconventional gas wells in
the Marcellus shale so that they may be
mined through. These are:
(1) The Jones 2H Marcellus Gas Well
American Petroleum Institute (API) #:
47–049–02184 (2H); and
(2) The Jones 3H Marcellus Gas Well
API #: 47–049–02184 (3H).
(b) The Marion County Mine is
accessed through one slope and eight
airshafts. The mine operates one
longwall, an advancing gate section, and
a mains section utilizing continuous
mining machines. The mine liberates
9,000,000 cubic feet of methane per day.
(c) On July 5, 2018, MSHA and
Marion County entered into a settlement
concerning the contest of certain
conditions in a Proposed Decision and
Order (PDO) concerning 30 CFR 75.1700
at docket No. 2017–MSA–06. That
agreement specifically excluded certain
types of wells as follows:
Unconventional wells in the Marcellus
and Utica, and all other unconventional
shale oil and gas wells are not subject
to this modification.
The petitioner proposes the following
alternative method:
(a) The following shall require District
Manager approval.
(1) The mine operator shall maintain
a safety barrier of 300 feet in diameter
around the Jones 2H and 3H gas wells
until the District Manager approves to
proceed with mining.
(2) Prior to mining within the safety
barrier around these wells, the mine
operator shall provide to the District
Manager a sworn affidavit or declaration
executed by the company official who is
in charge of health and safety at the
mine stating that all mandatory
procedures in the PDO for cleaning out,
preparing, and plugging each gas well
have been completed. The affidavit or
declaration shall be accompanied by all
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logs, electronic or otherwise, described
in section (b)(7) and any other records
the District Manager requires.
(3) This petition applies to all types
of underground coal mining at the mine.
(b) The following mandatory
procedures shall be followed when
cleaning out and preparing the Jones 2H
and 3H gas wells prior to plugging:
(1) The mine operator shall test for gas
emissions inside the hole before
cleaning out, preparing, and plugging
gas wells. The District Manager shall be
contacted if the well is actively
producing gas.
(2) Since these wells are
unconventional and greater than 4,000
feet in depth, a diligent effort shall be
made to remove all the casing in the
well and clean the well down to the
original arrowset packer installed just
above the ‘‘kick off point’’ in the well.
The mine operator shall completely
clean out the well from the surface to at
least the same arrowset packer
originally installed. The mine operator
shall provide the District Manager with
all information it possesses concerning
the geological nature of the strata and
the pressure of the well. The mine
operator shall make a diligent effort to
remove all material from the entire
diameter of the well, wall to wall.
(3) Since these wells are no longer
producing and are being cleaned and
prepared subject to the PDO, the
operator must attempt to remove all of
the casing using a diligent effort and
comply with all other applicable
provisions of the PDO.
(4) To make a diligent effort to remove
the casing, the operator shall pull a
minimum of 150 percent of the casing
string weight and/or have made at least
three attempts to spear the casing for the
required minimum pull effort. The
operator shall keep a record of these
efforts, including casing length and
weight, and make the record available
for MSHA review.
(5) Perforations or rips are required at
least every 50 feet from 400 feet below
the base of the coal seam up to 100 feet
above the uppermost mineable coal
seam. The mine operator shall take
appropriate steps to ensure that the
annulus between the casing and the
well walls are filled with expanding
(minimum 0.5 percent expansion upon
setting) cement and contain no voids.
(6) Jet/sand cutting is one method for
cutting, ripping, or perforating the
casing with three or more strings of
casing in the coal seam in preparation
for mining. This method uses
compressed nitrogen gas and sand to cut
the well casings. On active wells, cuts
start at 200 feet above the bottom of the
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casing at 200 feet intervals, to 200 feet
below the bottom of the coal seam.
(7) The mine operator shall prepare
down-hole logs for each well. Logs shall
consist of a caliper survey, a bond log
if appropriate, a deviation survey, and a
gamma survey for determining the top,
bottom, and thickness of all coal seams
down to the coal seam to be mined or
the lowest mineable coal seam,
whichever is lower, potential
hydrocarbon producing strata, and the
location of any existing bridge plug. In
addition, a log shall be maintained
describing: the depth of each material
encountered; the nature of each material
encountered; bit size and type used to
drill each portion of the hole; length and
type of each material used to plug the
well; length of casings removed,
perforated or ripped, or left in place;
any sections where casing was cut or
milled; and other pertinent information
concerning cleaning and sealing the
well. Invoices, work-orders, and other
records relating to all work on the well
shall be maintained as part of this
journal and provided to MSHA upon
request.
(8) The mine operator shall make a
diligent effort to remove the casing
down to the arrowset packer installed
just above the ‘‘kick off point’’ (where
the well transitions from vertical to
horizontal). If the entire vertical casing
above the existing packer can be
removed, the mine operator shall
prepare the well for plugging and use
seals described in section (b)(10).
(9) If the District Manager concludes
that the completely cleaned-out well is
emitting excessive amounts of gas, the
mine operator shall place additional
mechanical bridge plugs in the well.
(10) The mechanical bridge plug shall
be placed in a competent stratum at
least 400 feet below the base of the
lowest mineable coal seam, but above
the top of the uppermost hydrocarbonproducing stratum, unless the District
Manager requires a greater distance
based on the geological strata or the
pressure within the well. The mine
operator shall provide the District
Manager with all information they
possess concerning the geological nature
of the strata and the pressure of the
well. If it is not possible to set a
mechanical bridge plug, an
appropriately sized packer may be used.
The mine operator shall document what
has been done to ‘‘kill the well’’ and
plug the hydrocarbon producing strata.
(11) If the upper-most hydrocarbonproducing stratum is within 300 feet of
the base of the coal seam, the mine
operator shall properly place
mechanical bridge plugs as described in
section (b)(10) to isolate the
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hydrocarbon-producing stratum from
the expanding cement plug.
(12) The mine operator shall place a
minimum of 400 feet of expanding
cement below the coal seam, unless the
District Manager requires a greater
distance based the geological strata or to
the pressure within the well.
(c) The following mandatory
procedures shall be followed for
plugging the Jones 2H and 3H gas wells
to the surface, after completely cleaning
out the well:
(1) Cement shall be used as a plugging
material.
(2) The mine operator shall pump
cement slurry down the well to form a
plug which runs from the original
arrowset packer installed just above the
‘‘kick off point’’ in the well to 400 feet
below the coal seam. The cement will be
placed in the well under a pressure of
at least 200 pounds per square inch. The
mine operator shall pump expanding
cement slurry down the well to form a
plug which runs from 400 feet below the
coal seam to the surface. The District
Manager can modify the cementing plan
based on the geological strata or the
pressure within the well.
(3) The mine operator shall embed
steel turnings or other small magnetic
particles in the top of the cement near
the surface to serve as a permanent
magnetic monument of the well. In the
alternative, a 4-inch or larger diameter
casing, set in cement, shall extend at
least 36 inches above the ground level
with the API well number engraved or
welded on the casing. When the hole
cannot be marked with a physical
monument (e.g., prime farmland), highresolution GPS coordinates (one-half
meter resolution) are required.
(d) The following alternate procedures
shall be followed for preparing and
plugging or re-plugging the Jones 2H
and 3H gas wells:
(1) If it is not possible to remove all
the casing, the mine operator shall
notify the District Manager before any
other work is performed.
(2) If the well cannot be cleaned out
or the casing removed, the mine
operator shall prepare the well from the
surface to at least 400 feet below the
base of the coal seam, unless the District
Manager requires cleaning out and
removal of casing to a greater depth
based on the geological strata or the
pressure within the well.
(3) If the casing cannot be removed
from the total depth, the well shall be
filled with cement from the lowest
possible depth to 400 feet below the
coal seam, and the other applicable
provisions in the PDO shall apply.
(4) If the casing cannot be removed,
the casing shall be perforated from 400
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feet below the coal seam, the annuli
shall be cemented or otherwise filled,
and the other applicable provisions in
the PDO shall apply.
(5) If the casing cannot be removed,
the casing shall be cut, milled,
perforated, or ripped at sufficient
intervals to facilitate the removal of any
remaining casing in the coal seam by the
mining equipment. Any casing which
remains shall be cut, perforated, or
ripped to permit the injection of cement
into voids within and around the well.
All casing remaining at the coal seam
shall be cut, perforated, or ripped at
least every 5 feet from 10 feet below the
coal seam to 10 feet above the coal
seam.
(6) If the mine operator, using a casing
bond log, can demonstrate to the District
Manager’s satisfaction that all annuli in
the well are already adequately sealed
with cement, the mine operator shall
not be required to perforate or rip the
casing for that particular well. When
multiple casing and tubing strings are
present in the coal horizon(s), any
remaining casing shall be ripped or
perforated and filled with expanding
cement as indicated above. An
acceptable casing bond log for each
casing and tubing string can be used in
lieu of ripping or perforating multiple
strings.
(e) The following mandatory
procedures shall be followed when
mining within a 100-foot diameter
barrier around the Jones 2H and 3H gas
wells:
(1) A representative of the mine
operator, a representative of the miners,
the appropriate State agency, or the
MSHA District Manager may request
that a conference be conducted prior to
intersecting any plugged well. The party
requesting the conference shall notify
all 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
related to the condition of the well or
surrounding strata when such
conditions are encountered.
(2) The mine operator shall intersect
a well on a shift approved by the
District Manager. The mine operator
shall notify the District Manager and the
miners’ representative in sufficient time
prior to intersecting a well to provide an
opportunity to have representatives
present.
(3) When using continuous mining
methods, the mine operator shall install
drivage sites at the last open crosscut
near the place to be mined to ensure
intersection of the well. The drivage
sites shall not be more than 50 feet from
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the well. When using longwall-mining
methods, distance markers shall be
installed on 5-foot centers for a distance
of 50 feet in advance of the well in the
headgate entry and in the tailgate entry.
(4) When either the conventional or
continuous mining method is used, the
mine operator shall ensure that firefighting equipment including fire
extinguishers, rock dust, and sufficient
fire hose to reach the working face area
of the well intersection is available and
operable during all well intersections.
The fire hose shall be located in the last
open crosscut of the entry or room. The
mine operator shall maintain the water
line to the belt conveyor tailpiece along
with a sufficient amount of fire hose to
reach the farthest point of penetration
on the section. When the longwall
mining method is used, a hose to the
longwall water supply is sufficient.
(5) The mine operator shall ensure
that sufficient supplies of roof support
and ventilation materials shall be
available and located at the last open
crosscut. In addition, emergency plugs
and suitable sealing materials shall be
available in the immediate area of the
well intersection.
(6) On the shift prior to intersecting
the well, the mine operator shall test all
equipment and check it for
permissibility. Water sprays, water
pressures, and water flow rates used for
dust and spark suppression shall be
examined and any deficiencies
corrected.
(7) The mine operator shall calibrate
the methane monitor(s) on the longwall,
continuous mining machine, or cutting
machine and loading machine on the
shift prior to intersecting the well.
(8) When mining is in progress, the
mine operator shall test for methane
with a handheld methane detector at
least every 10 minutes from when
mining with the continuous mining
machine or longwall face is within 30
feet of the well until the well is
intersected. During the actual cutting
process, no individual shall be allowed
on the return side until the well
intersection has been completed and the
area has been examined and declared
safe. All workplace examinations on the
return side of the shearer shall be
conducted while the shearer is idle. The
mine operator’s most current Approved
Ventilation Plan shall be followed at all
times unless the District Manager
requires a greater air velocity for the
intersect.
(9) When using continuous or
conventional mining methods, the
working place shall be free from
accumulations of coal dust and coal
spillages. Rock dust shall be placed on
the roof, rib, and floor to within 20 feet
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of the face when intersecting the well.
On longwall sections, rock dusting shall
be conducted and placed on the roof,
rib, and floor up to both the headgate
and tailgate gob.
(10) When the well is intersected, the
mine operator shall de-energize all
equipment and thoroughly examine and
determine the area to be safe before
permitting mining to resume.
(11) After a well has been intersected
and the working place determined to be
safe, mining shall continue inby the
well a sufficient distance to permit
adequate ventilation around the area of
the well.
(12) If the casing is cut or milled at
the coal seam level, the use of torches
should not be necessary. When
necessary, torches may be used for
inadequately or inaccurately cut or
milled casings. No open flame shall be
permitted in the area until adequate
ventilation has been established around
the well bore and methane levels of less
than 1.0 percent are present in all areas
that will be exposed to flames and
sparks from the torch. The mine
operator shall apply a thick layer of rock
dust to the roof, face, floor, ribs, and any
exposed coal within 20 feet of the casing
prior to the use of torches.
(13) Non-sparking (brass) tools shall
be available and used exclusively to
expose and examine cased wells.
(14) No person shall be permitted in
the area of the well intersection except
those actually engaged in the operation,
including company personnel,
representatives of the miners, personnel
from MSHA, and personnel from the
appropriate State agency.
(15) The mine operator shall alert all
personnel in the mine to the planned
intersection of the well prior to their
going underground if the planned
intersection is to occur during their
shift. This warning shall be repeated for
all shifts until the well has been mined
through.
(16) The well intersection shall be
under the direct supervision of a
certified individual. Instructions
concerning the well intersection shall be
issued only by the certified individual
in charge.
(17) If the mine operator cannot find
the well in the longwall panel or if a
development section misses the
anticipated intersection, the mine
operator shall cease mining to examine
for hazardous conditions at the
projected location of the well, notify the
District Manager, and take reasonable
measures to locate the well, including
visual observation/inspection or
through survey data. Mining may
resume if the well is located, and no
hazardous conditions exist. If the well
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cannot be located, the mine operator
shall work with District Manager to
resolve any issues before mining
resumes.
(f) A copy of the PDO shall be
maintained at the mine and available to
the miners.
(g) If the well is not plugged to the
total depth of all minable coal seams
identified in the core hole logs, any coal
seams beneath the lowest plug shall
remain subject to the barrier
requirements of 30 CFR 75.1700, should
those coal seams be developed in the
future.
(h) All necessary safety precautions
and safe practices according to industry
standards and required by MSHA
regulations and State regulatory
agencies having jurisdiction over the
plugging site shall be followed to
provide the upmost protection to the
miners involved in the process.
(i) All miners involved in the
plugging or re-plugging operations shall
be trained on the contents of the PDO
prior to starting the process. A copy of
the PDO shall be posted at the well site
until the plugging or re-plugging has
been completed.
(j) Mechanical bridge plugs shall
incorporate the best available
technologies that are either required or
recognized by the State regulatory
agency and/or oil and gas industry.
(k) Within 30 days after the PDO
becomes final, the mine operator shall
submit proposed revisions for its
approved 30 CFR part 48 training plan
to the District Manager. These proposed
revisions shall include initial and
refresher training on compliance with
the terms and conditions stated in the
PDO. The mine operator shall provide
all miners involved in well intersection
with training on the requirements of the
PDO prior to mining within 150 feet of
the well intended to be mined through.
(l) The responsible person required
under 30 CFR 75.150, shall be
responsible for well intersection
emergencies. The well intersection
procedures shall be reviewed by the
responsible person prior to any planned
intersection.
(m) Within 30 days after the PDO
becomes final, the mine operator shall
submit proposed revisions for its
approved mine emergency evacuation
and firefighting program of instruction
required under 30 CFR 75.1502. The
mine operator shall revise the program
of instruction to include the hazards
and evacuation procedures to be used
for well intersections. All underground
miners shall be trained in this revised
plan within 30 days of submittal.
In support of the Petition, the
petitioner provided additional
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information including: a map showing
the cutting, milling, perforating, or
ripping well casing above and below the
Pittsburgh #8 coal seam; a proposed
permanent plugging schematic for a gas
well; mine information including
construction details, pressures,
production history, site-specific
geology, gas-producing formations
locations, and relevant logging
information; surface location well plat;
mine map with gas well location; and
well record and competition report for
Jones 2H and 3H gas wells.
The petitioner asserts that the
alternate 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. 2023–07864 Filed 4–13–23; 8:45 am]
BILLING CODE 4520–43–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[NOTICE: (23–032)]
Lunabotics Challenge
National Aeronautics and
Space Administration (NASA).
ACTION: Lunabotics Challenge.
AGENCY:
The Lunabotics Challenge
(one of NASA’s Artemis Student
Challenges, https://stem.nasa.gov/
artemis/) has provided college students
from around the country an opportunity
to engage and learn the NASA Systems
Engineering process by designing and
building robotic Lunar excavators
capable of mining regolith and icy
regolith simulants.
DATES: Challenge registration opened on
September 14, 2022 and closed on
October 19, 2022. No further requests
for registration will be accepted after the
stated deadline.
Other important dates, including
deadlines for key deliverables from the
Teams, are listed on the Challenge
website: https://www.nasa.gov/offices/
education/centers/kennedy/technology/
nasarmc.html.
FOR FURTHER INFORMATION CONTACT: To
get additional information regarding the
Lunabotics Challenge, please contact
Rich Johanboeke (321) 867–0586 and
visit: https://www.nasa.gov/offices/
education/centers/kennedy/technology/
nasarmc.html.
Questions and comments regarding
the challenge should be addressed to:
ksc-robotic-mining-competition@
mail.nasa.gov.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
Summary
The Lunar robot shall drive in a
simulated Lunar arena filled with Black
Point –1 regolith simulant and excavate
the icy-regolith simulant buried under
an overburden of granular material, then
return to the starting site and deliver the
granular material to a simulated
receiving hopper. More details are
provided in Lunabotics Guidebook. This
is a two-semester, virtual challenge,
designed to educate college students in
the application of the NASA Systems
Engineering process. The virtual events
of the Challenge are as follows: 1.
Project Management Plan, 2. Systems
Engineering Paper, 3. Public Outreach
Report, 4. Presentation and
Demonstration (optional), and a 5. Proof
of Life Video. NASA is providing the
prize purse.
For more than a decade, NASA has
been able to gather valuable data about
necessary excavation hardware and
surface locomotion processes that can
be implemented as the agency prepares
to return to the Moon through the
Artemis program. Major gaps exist
between the functional capabilities and
the technologies necessary for Lunar
surface construction, and the
requirements needed to narrow these
gaps are in development and will
support the long-term presence on the
Moon, also known as ‘‘Infrastructure to
Stay’’. Once identified, NASA will seek
input from American academia to find
new and innovative ways to apply
existing or develop new technologies to
meet Artemis Program requirements.
The skills developed in Lunabotics
apply to other high technology
industries that rely on the systems
engineering principles. These industries
will create a workforce posed to lead a
new space-based economy and add to
the economic strength of our country.
NASA directly benefits from this
challenge by annually assessing student
designs and data the same way it does
for its own, less frequent, prototypes.
Encouraging innovation in student
designs increases the potential of
identifying clever solutions to the many
challenges inherent in future Artemis
missions.
Accreditation Board for Engineering
and Technology (ABET)
One of the goals of Lunabotics is to
introduce students to the ABET
experience by aligning the events to
those student outcomes. ABET is a
nonprofit, ISO 9001 certified
organization that accredits college and
university programs in applied and
natural science, computing, engineering,
E:\FR\FM\14APN1.SGM
14APN1
]]>Agencies
[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Notices]
[Pages 23101-23104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07864]
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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.
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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 May 15, 2023.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0010 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2023-0010.
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-2023-003-C.
Petitioner: Marion County Coal Resources, Inc., 151 Johnnycake
Road, Metz, West Virginia 26585.
Mine: Marion County Mine, MSHA ID No. 46-01433, located in Marion
County, West Virginia.
Regulation Affected: 30 CFR 75.1700, Oil and gas wells.
Modification Request: The petitioner requests a modification of 30
CFR 75.1700 to permit mining within the 300 feet diameter safety
barrier of two unconventional gas wells in the Marcellus shale.
The petitioner states that:
(a) The Marion County Mine desires to plug two unconventional gas
wells in the Marcellus shale so that they may be mined through. These
are:
(1) The Jones 2H Marcellus Gas Well American Petroleum Institute
(API) #: 47-049-02184 (2H); and
(2) The Jones 3H Marcellus Gas Well API #: 47-049-02184 (3H).
(b) The Marion County Mine is accessed through one slope and eight
airshafts. The mine operates one longwall, an advancing gate section,
and a mains section utilizing continuous mining machines. The mine
liberates 9,000,000 cubic feet of methane per day.
(c) On July 5, 2018, MSHA and Marion County entered into a
settlement concerning the contest of certain conditions in a Proposed
Decision and Order (PDO) concerning 30 CFR 75.1700 at docket No. 2017-
MSA-06. That agreement specifically excluded certain types of wells as
follows: Unconventional wells in the Marcellus and Utica, and all other
unconventional shale oil and gas wells are not subject to this
modification.
The petitioner proposes the following alternative method:
(a) The following shall require District Manager approval.
(1) The mine operator shall maintain a safety barrier of 300 feet
in diameter around the Jones 2H and 3H gas wells until the District
Manager approves to proceed with mining.
(2) Prior to mining within the safety barrier around these wells,
the mine operator shall provide to the District Manager a sworn
affidavit or declaration executed by the company official who is in
charge of health and safety at the mine stating that all mandatory
procedures in the PDO for cleaning out, preparing, and plugging each
gas well have been completed. The affidavit or declaration shall be
accompanied by all
[[Page 23102]]
logs, electronic or otherwise, described in section (b)(7) and any
other records the District Manager requires.
(3) This petition applies to all types of underground coal mining
at the mine.
(b) The following mandatory procedures shall be followed when
cleaning out and preparing the Jones 2H and 3H gas wells prior to
plugging:
(1) The mine operator shall test for gas emissions inside the hole
before cleaning out, preparing, and plugging gas wells. The District
Manager shall be contacted if the well is actively producing gas.
(2) Since these wells are unconventional and greater than 4,000
feet in depth, a diligent effort shall be made to remove all the casing
in the well and clean the well down to the original arrowset packer
installed just above the ``kick off point'' in the well. The mine
operator shall completely clean out the well from the surface to at
least the same arrowset packer originally installed. The mine operator
shall provide the District Manager with all information it possesses
concerning the geological nature of the strata and the pressure of the
well. The mine operator shall make a diligent effort to remove all
material from the entire diameter of the well, wall to wall.
(3) Since these wells are no longer producing and are being cleaned
and prepared subject to the PDO, the operator must attempt to remove
all of the casing using a diligent effort and comply with all other
applicable provisions of the PDO.
(4) To make a diligent effort to remove the casing, the operator
shall pull a minimum of 150 percent of the casing string weight and/or
have made at least three attempts to spear the casing for the required
minimum pull effort. The operator shall keep a record of these efforts,
including casing length and weight, and make the record available for
MSHA review.
(5) Perforations or rips are required at least every 50 feet from
400 feet below the base of the coal seam up to 100 feet above the
uppermost mineable coal seam. The mine operator shall take appropriate
steps to ensure that the annulus between the casing and the well walls
are filled with expanding (minimum 0.5 percent expansion upon setting)
cement and contain no voids.
(6) Jet/sand cutting is one method for cutting, ripping, or
perforating the casing with three or more strings of casing in the coal
seam in preparation for mining. This method uses compressed nitrogen
gas and sand to cut the well casings. On active wells, cuts start at
200 feet above the bottom of the casing at 200 feet intervals, to 200
feet below the bottom of the coal seam.
(7) The mine operator shall prepare down-hole logs for each well.
Logs shall consist of a caliper survey, a bond log if appropriate, a
deviation survey, and a gamma survey for determining the top, bottom,
and thickness of all coal seams down to the coal seam to be mined or
the lowest mineable coal seam, whichever is lower, potential
hydrocarbon producing strata, and the location of any existing bridge
plug. In addition, a log shall be maintained describing: the depth of
each material encountered; the nature of each material encountered; bit
size and type used to drill each portion of the hole; length and type
of each material used to plug the well; length of casings removed,
perforated or ripped, or left in place; any sections where casing was
cut or milled; and other pertinent information concerning cleaning and
sealing the well. Invoices, work-orders, and other records relating to
all work on the well shall be maintained as part of this journal and
provided to MSHA upon request.
(8) The mine operator shall make a diligent effort to remove the
casing down to the arrowset packer installed just above the ``kick off
point'' (where the well transitions from vertical to horizontal). If
the entire vertical casing above the existing packer can be removed,
the mine operator shall prepare the well for plugging and use seals
described in section (b)(10).
(9) If the District Manager concludes that the completely cleaned-
out well is emitting excessive amounts of gas, the mine operator shall
place additional mechanical bridge plugs in the well.
(10) The mechanical bridge plug shall be placed in a competent
stratum at least 400 feet below the base of the lowest mineable coal
seam, but above the top of the uppermost hydrocarbon-producing stratum,
unless the District Manager requires a greater distance based on the
geological strata or the pressure within the well. The mine operator
shall provide the District Manager with all information they possess
concerning the geological nature of the strata and the pressure of the
well. If it is not possible to set a mechanical bridge plug, an
appropriately sized packer may be used. The mine operator shall
document what has been done to ``kill the well'' and plug the
hydrocarbon producing strata.
(11) If the upper-most hydrocarbon-producing stratum is within 300
feet of the base of the coal seam, the mine operator shall properly
place mechanical bridge plugs as described in section (b)(10) to
isolate the hydrocarbon-producing stratum from the expanding cement
plug.
(12) The mine operator shall place a minimum of 400 feet of
expanding cement below the coal seam, unless the District Manager
requires a greater distance based the geological strata or to the
pressure within the well.
(c) The following mandatory procedures shall be followed for
plugging the Jones 2H and 3H gas wells to the surface, after completely
cleaning out the well:
(1) Cement shall be used as a plugging material.
(2) The mine operator shall pump cement slurry down the well to
form a plug which runs from the original arrowset packer installed just
above the ``kick off point'' in the well to 400 feet below the coal
seam. The cement will be placed in the well under a pressure of at
least 200 pounds per square inch. The mine operator shall pump
expanding cement slurry down the well to form a plug which runs from
400 feet below the coal seam to the surface. The District Manager can
modify the cementing plan based on the geological strata or the
pressure within the well.
(3) The mine operator shall embed steel turnings or other small
magnetic particles in the top of the cement near the surface to serve
as a permanent magnetic monument of the well. In the alternative, a 4-
inch or larger diameter casing, set in cement, shall extend at least 36
inches above the ground level with the API well number engraved or
welded on the casing. When the hole cannot be marked with a physical
monument (e.g., prime farmland), high-resolution GPS coordinates (one-
half meter resolution) are required.
(d) The following alternate procedures shall be followed for
preparing and plugging or re-plugging the Jones 2H and 3H gas wells:
(1) If it is not possible to remove all the casing, the mine
operator shall notify the District Manager before any other work is
performed.
(2) If the well cannot be cleaned out or the casing removed, the
mine operator shall prepare the well from the surface to at least 400
feet below the base of the coal seam, unless the District Manager
requires cleaning out and removal of casing to a greater depth based on
the geological strata or the pressure within the well.
(3) If the casing cannot be removed from the total depth, the well
shall be filled with cement from the lowest possible depth to 400 feet
below the coal seam, and the other applicable provisions in the PDO
shall apply.
(4) If the casing cannot be removed, the casing shall be perforated
from 400
[[Page 23103]]
feet below the coal seam, the annuli shall be cemented or otherwise
filled, and the other applicable provisions in the PDO shall apply.
(5) If the casing cannot be removed, the casing shall be cut,
milled, perforated, or ripped at sufficient intervals to facilitate the
removal of any remaining casing in the coal seam by the mining
equipment. Any casing which remains shall be cut, perforated, or ripped
to permit the injection of cement into voids within and around the
well. All casing remaining at the coal seam shall be cut, perforated,
or ripped at least every 5 feet from 10 feet below the coal seam to 10
feet above the coal seam.
(6) If the mine operator, using a casing bond log, can demonstrate
to the District Manager's satisfaction that all annuli in the well are
already adequately sealed with cement, the mine operator shall not be
required to perforate or rip the casing for that particular well. When
multiple casing and tubing strings are present in the coal horizon(s),
any remaining casing shall be ripped or perforated and filled with
expanding cement as indicated above. An acceptable casing bond log for
each casing and tubing string can be used in lieu of ripping or
perforating multiple strings.
(e) The following mandatory procedures shall be followed when
mining within a 100-foot diameter barrier around the Jones 2H and 3H
gas wells:
(1) A representative of the mine operator, a representative of the
miners, the appropriate State agency, or the MSHA District Manager may
request that a conference be conducted prior to intersecting any
plugged well. The party requesting the conference shall notify all
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 related to the condition of the well or
surrounding strata when such conditions are encountered.
(2) The mine operator shall intersect a well on a shift approved by
the District Manager. The mine operator shall notify the District
Manager and the miners' representative in sufficient time prior to
intersecting a well to provide an opportunity to have representatives
present.
(3) When using continuous mining methods, the mine operator shall
install drivage sites at the last open crosscut near the place to be
mined to ensure intersection of the well. The drivage sites shall not
be more than 50 feet from the well. When using longwall-mining methods,
distance markers shall be installed on 5-foot centers for a distance of
50 feet in advance of the well in the headgate entry and in the
tailgate entry.
(4) When either the conventional or continuous mining method is
used, the mine operator shall ensure that fire-fighting equipment
including fire extinguishers, rock dust, and sufficient fire hose to
reach the working face area of the well intersection is available and
operable during all well intersections. The fire hose shall be located
in the last open crosscut of the entry or room. The mine operator shall
maintain the water line to the belt conveyor tailpiece along with a
sufficient amount of fire hose to reach the farthest point of
penetration on the section. When the longwall mining method is used, a
hose to the longwall water supply is sufficient.
(5) The mine operator shall ensure that sufficient supplies of roof
support and ventilation materials shall be available and located at the
last open crosscut. In addition, emergency plugs and suitable sealing
materials shall be available in the immediate area of the well
intersection.
(6) On the shift prior to intersecting the well, the mine operator
shall test all equipment and check it for permissibility. Water sprays,
water pressures, and water flow rates used for dust and spark
suppression shall be examined and any deficiencies corrected.
(7) The mine operator shall calibrate the methane monitor(s) on the
longwall, continuous mining machine, or cutting machine and loading
machine on the shift prior to intersecting the well.
(8) When mining is in progress, the mine operator shall test for
methane with a handheld methane detector at least every 10 minutes from
when mining with the continuous mining machine or longwall face is
within 30 feet of the well until the well is intersected. During the
actual cutting process, no individual shall be allowed on the return
side until the well intersection has been completed and the area has
been examined and declared safe. All workplace examinations on the
return side of the shearer shall be conducted while the shearer is
idle. The mine operator's most current Approved Ventilation Plan shall
be followed at all times unless the District Manager requires a greater
air velocity for the intersect.
(9) When using continuous or conventional mining methods, the
working place shall be free from accumulations of coal dust and coal
spillages. Rock dust shall be placed on the roof, rib, and floor to
within 20 feet of the face when intersecting the well. On longwall
sections, rock dusting shall be conducted and placed on the roof, rib,
and floor up to both the headgate and tailgate gob.
(10) When the well is intersected, the mine operator shall de-
energize all equipment and thoroughly examine and determine the area to
be safe before permitting mining to resume.
(11) After a well has been intersected and the working place
determined to be safe, mining shall continue inby the well a sufficient
distance to permit adequate ventilation around the area of the well.
(12) If the casing is cut or milled at the coal seam level, the use
of torches should not be necessary. When necessary, torches may be used
for inadequately or inaccurately cut or milled casings. No open flame
shall be permitted in the area until adequate ventilation has been
established around the well bore and methane levels of less than 1.0
percent are present in all areas that will be exposed to flames and
sparks from the torch. The mine operator shall apply a thick layer of
rock dust to the roof, face, floor, ribs, and any exposed coal within
20 feet of the casing prior to the use of torches.
(13) Non-sparking (brass) tools shall be available and used
exclusively to expose and examine cased wells.
(14) No person shall be permitted in the area of the well
intersection except those actually engaged in the operation, including
company personnel, representatives of the miners, personnel from MSHA,
and personnel from the appropriate State agency.
(15) The mine operator shall alert all personnel in the mine to the
planned intersection of the well prior to their going underground if
the planned intersection is to occur during their shift. This warning
shall be repeated for all shifts until the well has been mined through.
(16) The well intersection shall be under the direct supervision of
a certified individual. Instructions concerning the well intersection
shall be issued only by the certified individual in charge.
(17) If the mine operator cannot find the well in the longwall
panel or if a development section misses the anticipated intersection,
the mine operator shall cease mining to examine for hazardous
conditions at the projected location of the well, notify the District
Manager, and take reasonable measures to locate the well, including
visual observation/inspection or through survey data. Mining may resume
if the well is located, and no hazardous conditions exist. If the well
[[Page 23104]]
cannot be located, the mine operator shall work with District Manager
to resolve any issues before mining resumes.
(f) A copy of the PDO shall be maintained at the mine and available
to the miners.
(g) If the well is not plugged to the total depth of all minable
coal seams identified in the core hole logs, any coal seams beneath the
lowest plug shall remain subject to the barrier requirements of 30 CFR
75.1700, should those coal seams be developed in the future.
(h) All necessary safety precautions and safe practices according
to industry standards and required by MSHA regulations and State
regulatory agencies having jurisdiction over the plugging site shall be
followed to provide the upmost protection to the miners involved in the
process.
(i) All miners involved in the plugging or re-plugging operations
shall be trained on the contents of the PDO prior to starting the
process. A copy of the PDO shall be posted at the well site until the
plugging or re-plugging has been completed.
(j) Mechanical bridge plugs shall incorporate the best available
technologies that are either required or recognized by the State
regulatory agency and/or oil and gas industry.
(k) Within 30 days after the PDO becomes final, the mine operator
shall submit proposed revisions for its approved 30 CFR part 48
training plan to the District Manager. These proposed revisions shall
include initial and refresher training on compliance with the terms and
conditions stated in the PDO. The mine operator shall provide all
miners involved in well intersection with training on the requirements
of the PDO prior to mining within 150 feet of the well intended to be
mined through.
(l) The responsible person required under 30 CFR 75.150, shall be
responsible for well intersection emergencies. The well intersection
procedures shall be reviewed by the responsible person prior to any
planned intersection.
(m) Within 30 days after the PDO becomes final, the mine operator
shall submit proposed revisions for its approved mine emergency
evacuation and firefighting program of instruction required under 30
CFR 75.1502. The mine operator shall revise the program of instruction
to include the hazards and evacuation procedures to be used for well
intersections. All underground miners shall be trained in this revised
plan within 30 days of submittal.
In support of the Petition, the petitioner provided additional
information including: a map showing the cutting, milling, perforating,
or ripping well casing above and below the Pittsburgh #8 coal seam; a
proposed permanent plugging schematic for a gas well; mine information
including construction details, pressures, production history, site-
specific geology, gas-producing formations locations, and relevant
logging information; surface location well plat; mine map with gas well
location; and well record and competition report for Jones 2H and 3H
gas wells.
The petitioner asserts that the alternate 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. 2023-07864 Filed 4-13-23; 8:45 am]
BILLING CODE 4520-43-P
