Petition for Modification of Application of Existing Mandatory Safety Standards, 62796-62800 [2024-16915]
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Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Notices
and Recovery, and Retreat Mining
Systems When Diesel-Powered
Equipment is Operated on a Two-Entry
System.
(1) Administrative controls shall be
developed establishing procedures for
planning and communication of
activities which are known to result in
elevated carbon monoxide levels which
do not present a hazard to miners
working inby. All persons working in
the two-entry longwall panel shall be
trained as to the requirements of these
administrative controls. In the case of
diesel equipment operators, the training
shall include diesel discriminating
sensor locations to minimize false
alarms. Diesel equipment operators
shall be instructed not to idle machines
near sensors. Administrative controls
shall be used to minimize the number
and type of pieces of diesel equipment
in the two-entry system, to notify a
responsible person on the working
section when any diesel equipment is
operating in the two-entry system and
when welding operations are performed
to avoid false alert and alarm signals.
These administrative controls shall be
incorporated into the mine ventilation
plan.
(2) All light duty and heavy-duty
diesel-powered equipment not approved
and maintained as permissible under 30
CFR part 36 may operate on any twoentry system, except where permissible
equipment is required, as long as the
equipment includes:
(i) An automatic and manually
activated fire suppression system
meeting the requirements of 30 CFR
75.1911. The manual fire suppression
system shall be capable of being
activated from inside and outside the
machine’s cab. The manual actuator
located outside the cab shall be on the
side of the machine opposite the engine.
The systems shall be maintained in
operating condition.
(ii) An automatic engine shut down/
fuel shut off system, maintained in
operating condition, which is tied into
the activation of the fire suppression
system.
(iii) An automatic closing, heatactivated shut off valve, maintained in
operating condition, on diesel fuel lines
either between the fuel injection pump
and fuel tank, if the fuel lines are
constructed of steel, or connected as
close as practical to the fuel tank using
steel fittings if fuel lines are constructed
of material other than steel.
(iv) A means, maintained in operating
condition, to prevent the spray from
ruptured diesel fuel, hydraulic oil, and
lubricating oil lines from being ignited
by contact with engine exhaust system
component surfaces such as shielding,
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conduit, or non-absorbent insulating
materials.
(v) Diesel-powered equipment
classified as ‘‘heavy-duty’’ under 30
CFR 75.1908(a), must include a means,
maintained in operating condition, to
maintain the surface temperature of the
exhaust system of diesel equipment
below 302 degrees Fahrenheit. Diesel
road graders are considered heavy-duty
equipment.
(vi) Diesel-powered rock dust
machines and diesel-powered
generators, both light duty machines,
which are not approved and maintained
as permissible under Part 36, may be
used in the two-entry system, except
where permissible equipment is
required, even if they do not meet the
requirements provided that:
(A) No miners are located in the work
area.
(B) No miners are located in the
adjacent parallel entry at any location
when either the rock dust machine or
generator is operating or located in the
two-entry section.
(3) Diesel fuel shall not be stored in
the two-entry system. Diesel-powered
equipment not approved and
maintained under Part 36 shall not be
refueled in the two-entry system.
(4) Diesel equipment shall not be used
for face haulage equipment on the
working section, except that diesels may
be used on the working section for
cleanup, setup, and recovery, or similar
non-coal haulage purposes.
(5) If non-Part 36 diesel-powered
equipment needs to be ‘‘jump started’’
due to a dead battery in any two-entry
system, a methane check by a qualified
person using an MSHA approved
detector shall be made prior to attaching
the ‘‘jumper’’ cables. The equipment
shall not be ‘‘jump’’ started if air
contains 1.0 volume per centum or more
of methane.
(6) A diesel equipment maintenance
program shall be adopted and complied
with by the operator. The program shall
include the examinations and tests
specified in the manufacturers’
maintenance recommendations as it
pertains to diesel carbon monoxide
emissions. A record of these
examinations and tests shall be
maintained on the surface and be made
available to all interested persons.
Skyline Mine #3 has no designated
miner’s representative.
The petitioner asserts that the
alternative method proposed in the
petition will at all times guarantee no
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less than the same measure of protection
afforded by 30 CFR 75.350(a).
Song-ae Aromie Noe,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2024–16913 Filed 7–31–24; 8:45 am]
BILLING CODE 4520–43–P
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 3, 2024.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2024–
0015 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2024–0015.
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
4th Floor West. 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, Director, 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 (Mine Act) and Title
30 of the Code of Federal Regulations
SUMMARY:
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(CFR) part 44 govern the application,
processing, and disposition of petitions
for modification.
I. Background
Section 101(c) of the 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.
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II. Petition for Modification
Docket Number: M–2024–007–C.
Petitioner: Tunnel Ridge, LLC, 184
Schoolhouse Lane, Valley Grove, WV
26060.
Mine: Tunnel Ridge Mine, MSHA ID
No. 46–08864, located in Ohio County,
West Virginia.
Regulation Affected: 30 CFR 75.1700,
Oil and gas wells.
Modification Request: The petitioner
requests a modification of the existing
standard, 30 CFR 75.1700, to utilize
alternative plugging methods to
establish and maintain barriers around
its Surface Directionally Drilled (SDD)
wells.
The petitioner states that:
(a) The Tunnel Ridge Mine’s current
mine plan has only one known Coal Bed
Methane (CBM) well within the current
mine plan, the NV99 well (API No. 37–
125–23340). This well has never been
used for the production of methane.
(b) The unmapped laterals of the
NV99 well were inadvertently
intersected with the 1 Left Gate
Continuous Miner (CM) section. The
NV99 well was plugged from the
surface, including laterals, with
flowable cement. During plugging
operations, the production hole, access
hole, and laterals of the NV99 CBM well
were squeeze cemented with 158% of
the calculated total volume.
(c) The 1 Left Gate CM section
successfully mined through 3 of the 4
legs of the NV99 well. The minethroughs of the lateral legs were
successfully accomplished by water
infusing the well bores.
(d) The NV99 CBM well access hole
is now scheduled to have development
mining occur within 150 feet due to the
2 Left Gate CM section during July 2024.
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(e) The lateral legs of the well are
scheduled to be mined through with the
2 Left Longwall (LW) in June 2025.
The petitioner proposes the following
alternative method:
(a) District Manager approval
required.
(1) A minimum working barrier of
300-feet diameter shall be maintained
around all SDD wells until approval to
proceed with mining has been obtained
from the District Manager.
(2) The working barrier extends
around all vertical and horizontal
branches drilled in the coal seam and
also extends around all vertical and
horizontal branches within overlying
coal seams subject to caving or
subsidence from the coal seam being
mined when methane leakage through
the subsidence zone is possible.
(3) The District Manager shall choose
to approve each branch intersection,
each well, or a group of wells as
applicable to the conditions.
(4) The District Manager may require
a certified review of the proposed
methods to prepare the SDD wells for
intersection by a professional engineer
in order to assess the applicability of the
proposed system(s) to the mine-specific
conditions.
(b) Mandatory procedures for
preparing, plugging, and replugging
SDD wells.
(1) Mandatory computations and
administrative procedures prior to
plugging or replugging.
(i) Probable Error of Location—
Directional drilling systems rely on
sophisticated angular measurement
systems and computer models to
calculate the estimated location of the
well bore. This estimated hole location
is subject to cumulative measurement
errors so that the distance between
actual and estimated location of the well
bore increases with the depth of the
hole. Modern directional drilling
systems are typically accurate within
one or two degrees depending on the
specific equipment and techniques. The
probable error of location is defined by
a cone described by the average
accuracy of angular measurement
around the length of the hole. In
addition to the probable error of
location, the true hole location is also
affected by underground survey errors,
surface survey errors, and random
survey errors.
(ii) Minimum Working Barrier
Around Well—The minimum working
barrier around any CBM well or
branches of a CBM well in the coal seam
is 50 feet plus the probable error of
location. The probable error of location
is a reasonable separation between the
probable location of the well and
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mining operations. When mining is
within the minimum working barrier
distance from a CBM well or branch, the
mine operator must comply with the
Proposed Decision and Order (PDO)
granted by MSHA. CBM wells must be
prepared in advance for safe
intersection and specific procedures
must be followed on the mining section.
The District Manager may require a
greater minimum working barrier
around CBM wells where geologic
conditions, historical location errors, or
other factors warrant a greater barrier.
(iii) Ventilation Plan Requirements—
The ventilation plan shall contain a
description of all SDD CBM wells
drilled in the area to be mined. This
description shall include the well
numbers, the date drilled, the diameter,
the casing information, the coal seams
developed, maximum depth of the
wells, abandonment pressures, and any
other information required by the
District Manager. All or part of this
information may be listed on the mine
ventilation map. The ventilation plan
shall include the techniques that the
mine operator plans to use to prepare
the SDD wells for safe intersection, the
specifications, and steps necessary to
implement these techniques, and the
operational precautions that are
required when mining within the
minimum working barrier. In addition,
the ventilation plan will contain any
additional information or provisions
related to the SDD wells required by the
District Manager.
(iv) Ventilation Map—The Ventilation
map shall contain the following
information:
(A) The surface location of all CBM
wells in the active mining area and any
projected mining area;
(B) Identifying information of CBM
wells (i.e. API hole number or
equivalent);
(C) The date that gas production
began from the well;
(D) The coal seam intersection of all
CBM wells;
(E) The horizontal extents in the coal
seam of all CBM wells and branches;
(F) The outline of the probable error
of location of all CBM wells; and
(G) The date of mine intersection and
the distance between estimated and
actual locations for all intersections of
the CBM well and branches.
(2) Mandatory procedures for
plugging or replugging SDD wells.
(i) The mine operator shall include in
the mine ventilation plan one or more
of the following methods to prepare
SDD wells for safe intersection:
(A) Cement Plug—Cement may be
used to fill the entire SDD hole system.
Squeeze cementing techniques are
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necessary for SDD plugging due to the
lack of tubing in the hole. Cement
should fill void spaces and eliminate
methane leakage along the hole. Once
the cement has cured, the SDD system
may be intersected multiple times
without further hole preparation. Gas
cutting occurs if the placement pressure
of the cement is less than the methane
pressure in the coal seam. Under these
conditions, gas will bubble out of the
coal seam and into the unset cement
creating a pressurized void or series of
interconnected pressurized voids. Water
cutting occurs when formation water
and standing water in the hole invades
or displaces unset cement. Standing
water shall be bailed out of the hole or
driven into the formation with
compressed gas to minimize water
cutting. The cement pressure must be
maintained higher than the formation
pressure until the cement sets to
minimize both gas and water cutting.
The cementing program in the
ventilation plan must address both gas
and water cutting. Due to the large
volume to be cemented and potential
problems with cement setting prior to
filling the entire SDD system,
adequately sized pumping units with
back-up capacity must be used. Various
additives such as retarders, lightweight
extenders, viscosity modifiers,
thixotropic modifiers, and fly ash may
be used in the cement mix. The volume
of cement pumped should exceed the
estimated hole volume to ensure the
complete filling of all voids. The
complete cementing program, including
hole dewatering, cement, additives,
pressures, pumping times and
equipment must be specified in the
ventilation plan. The material safety
data sheets (MSDS) for all cements,
additives and components and any
personal protective equipment and
techniques to protect workers from the
potentially harmful effects of the cement
and cement components shall be
included in the ventilation plan.
Records of cement mixes, cement
quantities, pump pressures, and flow
rates and times shall be retained for
each hole plugged. The District Manager
shall require suitable documentation of
the cement plugging in order to approve
mining within the minimum working
barrier around CBM wells.
(B) Polymer Gel—Polymer gels start
out as low viscosity, water-based
mixtures of organic polymers that are
crosslinked using time-delayed
activators to form a water-insoluble,
high-viscosity gel after being pumped
into the SDD system. Although polymer
gel systems never solidify, the activated
gel should develop sufficient strength to
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resist gas flow. A gel that is suitable for
treating SDD wells for mine intersection
will reliably fill the SDD system and
prevent gas-filled voids. Any gel
chemistry used for plugging SDD wells
shall be resistant to bacterial and
chemical degradation and remain stable
for the duration of mining through the
SDD system. Water may dilute the gel
mixture to the point where it will not
set to the required strength. Water in the
holes shall be removed before injecting
the gel mixture. Water removal shall be
accomplished by conventional bailing
and then injecting compressed gas to
squeeze the water that accumulates in
low spots back into the formation. Gas
pressurization shall be continued until
the hole is dry. Another potential
problem with gels is that dissolved salts
in the formation waters may interfere
with the cross-linking reactions. Any
proposed gel mixtures shall be tested
with actual formation waters.
Equipment to mix and pump gels shall
have adequate capacity to fill the hole
before the gel sets. Back-up units shall
be available in case something breaks
while pumping. The volume of gel
pumped shall exceed the estimated hole
volume to ensure the complete filling of
all voids and allow for gel to infiltrate
the joints in the coal seam surrounding
the hole. Gel injection and setting
pressures shall be specified in the
ventilation plan. To reduce the potential
for an inundation of gel, the final level
of gel should be close to the level of the
coal seam and the remainder of the hole
shall remain open to the atmosphere
until mining in the vicinity of the SDD
system is completed. Packers may be
used to isolate portions of the SDD
system. The complete polymer gel
program, including advance testing of
the gel with formation water,
dewatering systems, gel specifications,
gel quantities, gel placement, pressures,
and pumping equipment shall be
specified in the ventilation plan. The
MSDS for all gel components and any
personal protective equipment and
techniques to protect workers from the
potentially harmful effects of the gel and
gel components shall be included in the
ventilation plan. A record of the
calculated hole volume, gel quantities,
gel formulation, pump pressures, and
flow rates and times should be retained
for each hole that is treated with gel.
Other gel chemistries other than organic
polymers shall be included in the
ventilation plan with appropriate
methods, parameters, and safety
precautions.
(C) Bentonite Gel—High-pressure
injection of bentonite gel into the SDD
system will infiltrate the cleat and butt
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joints of the coal seam near the well
bore and effectively seal the conduits
against the flow of methane. Bentonite
gel is a thixotropic fluid that sets when
it stops moving. Bentonite gel has a
significantly lower setting viscosity than
polymer gel. The lower strength
bentonite gel must penetrate the
fractures and jointing in the coal seam
in order to be effective in reducing
formation permeability around the hole.
The use of bentonite gel is restricted to
depleted CBM applications that have
low abandonment pressures and limited
recharge potential. In general, these
applications will be mature CBM fields
with long production histories. A slug of
water shall be injected prior to the
bentonite gel in order to minimize
moisture-loss bridging near the well
bore. The volume of gel pumped should
exceed the estimated hole volume to
ensure that the gel infiltrates the joints
in the coal seam for several feet
surrounding the hole. Due to the large
gel volume and potential problems with
premature thixotropic setting,
adequately sized pumping units with
back-up capacity are required. Additives
to the gel may be required to modify
viscosity, reduce filtrates, reduce
surface tension, and promote sealing of
the cracks and joints around the hole.
To reduce the potential for an
inundation of bentonite gel, the final
level of gel should be approximately the
elevation of the coal seam and the
remainder of the hole should remain
open to the atmosphere until mining in
the vicinity of the SDD system is
completed. The complete bentonite gel
program, including formation
infiltration and permeability reduction
data, hole pretreatment, gel
specifications, additives, gel quantities
flow rates, injection pressures and
infiltration times, must be specified in
the ventilation plan. The ventilation
plan shall list the equipment used to
prepare and pump the gel. The MSDS
for all gel components and any personal
protective equipment and techniques to
protect workers from the potentially
harmful effects of the gel and additives
shall be included in the ventilation
plan. A record of hole preparation, gel
quantities, gel formulation, pump
pressures, and flow rates and times
should be retained for each hole that is
treated with bentonite gel.
(D) Active Pressure Management and
Water Infusion—Reducing the pressure
in the hole to less than atmospheric
pressure by operating a vacuum blower
connected to the wellhead may facilitate
safe intersection of the hole by a coal
mine. The negative pressure in the hole
shall limit the quantity of methane
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released into the higher pressure mine
atmosphere. If the mine intersection is
near the end of a horizontal branch of
the SDD system, air will flow from the
mine into the upstream side of the hole
and be exhausted through the blower on
the surface. On the downstream side of
the intersection, if the open hole length
is short, the methane emitted from this
side of the hole may be diluted to safe
levels with ventilation air. Conversely,
safely intersecting this system near the
bottom of the vertical hole may not be
possible because the methane emissions
from the multiple downstream branches
may be too great to dilute with
ventilation air. The methane emission
rate is directly proportional to the
length of the open hole. Successful
application of vacuum systems may be
limited by caving of the hole or water
collected in dips in the SDD system.
Older, more depleted wells that have
lower methane emission rates are more
amenable to this technique. The
remaining methane content and the
formation permeability shall be
addressed in the ventilation plan.
Packers may be used to reduce methane
inflow into the coal mine after
intersection. All packers on the
downstream side of the hole must be
equipped with a center pipe so that the
inby methane pressure may be
measured or so that water may be
injected. Subsequent intersections shall
not take place if pressure in a packersealed hole is excessive. Alternatively,
methane produced by the downstream
hole may be piped to an in-mine degas
system to safely transport the methane
out of the mine or may be piped to the
return air course for dilution. In-mine
methane piping should be protected as
stipulated in ‘‘Piping Methane in
Underground Coal Mines,’’ MSHA IR
1094, (1978). Protected methane
diffusion zones may be established in
return air courses if needed. Detailed
sketches and safety precautions for
methane collection, piping and
diffusion systems must be included in
the ventilation plan. Water infusion
prior to intersecting the well will
temporarily limit methane flow. Water
infusion may also help control coal dust
levels during mining. High water
infusion pressures may be obtained
prior to the initial intersection by the
hydraulic head resulting from the hole
depth or by pumping. Water infusion
pressures for subsequent intersections
are limited by leakage around in-mine
packers and limitations of the mine
water distribution system. If water is
infused prior to the initial intersection,
the water level in the hole must be
lowered to the coal seam elevation
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before the intersection. The complete
pressure management strategy including
negative pressure application, wellhead
equipment, and use of packers, in-mine
piping, methane dilution, and water
infusion must be specified in the
ventilation plan. Procedures for
controlling methane in the downstream
hole must be specified in the ventilation
plan. The remaining methane content
and formation permeability shall be
addressed in the ventilation plan. The
potential for the coal seam to cave into
the well shall be addressed in the
ventilation plan. Dewatering methods
shall be included in the ventilation
plan. A record of the negative pressures
applied to the system, methane
liberation, use of packers and any water
infusion pressures and application time
shall be retained for each intersection.
(E) Remedial work—If problems are
encountered in preparing the holes for
safe intersection, then remedial
measures must be taken. The District
Manager shall approve remedial work in
the ventilation plan on a case-by-case
basis.
(ii) The methods approved in the
ventilation plan must be completed on
each SDD well before mining
encroaches on the minimum working
barrier around the well or branch of the
well in the coal seam being mined. If
methane leakage through subsidence
cracks is a problem when retreat
mining, the minimum working barrier
must be maintained around wells and
branches in overlying coal seams, or the
wells and branches must be prepared for
safe intersection.
(c) Mandatory procedures that shall
be followed after approval has been
granted by the District Manager.
(1) The mine operator, the District
Manager, the miners’ representative, or
the State may request a conference prior
to any intersection or after any
intersection to discuss issues or
concerns. Upon receipt of any such
request, the District Manager shall
schedule a conference. 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.
(2) The mine operator must notify the
District Manager, the State and the
miners’ representative at least 48 hours
prior to the intended intersection of any
CBM well.
(3) The initial intersection of a well or
branch typically indicates if the well
preparation is sufficient to prevent the
inundation of methane.
(4) When mining advances within the
minimum barrier distance of the well or
branches of the well, the entries that
will intersect the well or branches must
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be posted with a readily visible
marking. For longwalls, both the head
and tailgate entries must be marked.
Marks must be advanced to within 100
feet of the working face as mining
progresses. Marks shall be removed after
well or branches are intersected in each
entry or after mining has exited the
minimum barrier distance of the well.
(5) Entries that intersect vertical
segments of a well shall be marked with
drivage sights in the last open crosscut
when mining is within 100 feet of the
well. When a vertical segment of a well
will be intersected by a longwall,
drivage sights shall be installed on 10foot centers starting 50 feet in advance
of the anticipated intersection. Drivage
sights shall be installed in both the
headgate and tailgate entries of the
longwall.
(6) The operator shall ensure that firefighting equipment, including fire
extinguishers, rock dust, and a sufficient
fire hose to reach the working face area
of the mine-through (when either the
conventional or the continuous mining
method is used) is available and
operable during all well mine throughs.
The fire hose shall be located in the last
open crosscut of the entry or room. The
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. All fire hoses
shall be connected and ready for use,
but do not have to be charged with
water during the cut-through.
(7) The operator shall ensure that
sufficient supplies of roof support and
ventilation materials are available at the
working section. In addition, emergency
plugs, packers, and setting tools to seal
both sides of the well or branch shall be
available in the immediate area of the
cut-through.
(8) When mining advances within the
minimum working barrier distance from
the well or branch of the well, the
operator shall service all equipment and
check for permissibility at least once
daily. Daily permissibility examinations
must continue until the well or branch
is intersected or until mining exits the
minimum working barrier around the
well or branch.
(9) When mining is in progress, the
operator shall perform tests for methane
with a handheld methane detector at
least every 10 minutes from the time
that mining with the continuous mining
machine or longwall face is within the
minimum working barrier around the
well or branch. During the cutting
process, no individual shall be allowed
on the return side until the mine-
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through has been completed and the
area has been examined and declared
safe. The shearer must be idle when any
miners are inby the tail drum.
(10) When mining advances within
the minimum working barrier distance
from the well or branch of the well, the
operator shall calibrate the methane
monitor(s) on the longwall, continuous
mining machine, or cutting machine
and loading machine at least once daily.
Daily methane monitor calibration must
continue until the well or branch is
intersected or until mining exits the
minimum working barrier around the
well or branch.
(11) When using continuous or
conventional mining methods, 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 within 20 feet
of the face when mining through the
well or branch. On longwall sections,
rock dust shall be applied on the roof,
rib, and floor up to both the headgate
and tailgate pillared area.
(12) Immediately after the well or
branch is intersected, the operator shall
deenergize all equipment, and the
certified person shall thoroughly
examine and determine the working
place safe before mining is resumed.
(13) After a well or branch 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 well or branch.
(14) No open flame shall be permitted
in the area until adequate ventilation
has been established around the well
bore or branch. Any casing, tubing or
stuck tools shall be removed using the
methods approved in the ventilation
plan.
(15) No person shall be permitted in
the area of the mine-through operation
inby the last open crosscut during active
mining except those engaged in the
operation, including company
personnel, personnel from MSHA, and
personnel from the appropriate State
agency.
(16) The operator shall warn all
personnel in the mine of the planned
intersection of the well or branch 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 or
branch has been intersected.
(17) The mine-through operation shall
be under the direct supervision of a
certified person. Instructions concerning
the mine-through operation shall be
issued only by the certified person in
charge.
VerDate Sep<11>2014
17:17 Jul 31, 2024
Jkt 262001
(18) All miners shall be in known
locations and in constant two-way
communications with the responsible
person when active mining occurs
within the minimum working barrier of
the well or branch.
(19) The responsible person is
responsible for well intersection
emergencies. The well intersection
procedures must be reviewed by the
responsible person prior to any planned
intersection.
(20) A copy of the PDO granted by
MSHA shall be maintained at the mine
and be available to the miners.
(21) The provisions of the PDO
granted by MSHA does not impair the
authority of representatives of MSHA to
interrupt or halt the mine-through
operation and to issue a withdrawal
order when they deem it necessary for
the safety of miners. MSHA may order
an interruption or cessation of the minethrough operation and/or a withdrawal
of personnel by issuing either a verbal
or a written order to that effect to a
representative of the operator.
Operations in the affected area of the
mine may not resume until a
representative of MSHA permits
resumption of mine-through operations.
The mine operator and miners shall
comply with verbal or written MSHA
orders immediately. All verbal orders
shall be committed to writing within a
reasonable time as conditions permit.
(22) For subsequent intersections of
branches of a well, appropriate
procedures to protect the miners shall
be specified in the ventilation plan.
(d) Mandatory procedures that shall
be followed after SDD intersections.
(1) All intersections with SDD wells
and branches that are in intake air
courses shall be examined as part of the
pre-shift examinations.
(2) All other intersections with SDD
wells and branches shall be examined as
part of the weekly examinations.
(e) Other requirements.
(1) Within 30 days after the PDO is
granted by MSHA, the 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 regarding compliance
with the terms and conditions stated in
the PDO granted by MSHA. The
operator shall provide all miners
involved in the mine-through of a well
or branch with training prior to mining
within the minimum working barrier of
the next well or branch intended to be
mined through.
(2) Within 30 days after the PDO
granted by MSHA becomes final, the
operator shall submit proposed
revisions for its approved mine
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
emergency evacuation and firefighting
program of instruction. The operator
shall revise the program to include the
hazards and evacuation procedures to
be used for well intersections. All
underground miners shall be trained in
this revised program within 30 days of
approval.
Tunnel Ridge Mine has no designated
miner’s representative.
In support of the proposed alternative
methos, the Petitioner submitted a
certified overview map of Tunnel Ridge
Mine with all known CBM wells with
horizontal laterals, and the plugging
affidavit for the NV99 CBM well.
The Petitioner asserts that the
alternative method proposed in the
Petition will at all times guarantee no
less than the same measure of protection
afforded by 30 CFR 75.350(a).
Song-ae Aromie Noe,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2024–16915 Filed 7–31–24; 8:45 am]
BILLING CODE 4520–43–P
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 3, 2024.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2024–
0017 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2024–0017.
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 4th Floor West.
Individuals may inspect copies of the
petition and comments during normal
SUMMARY:
E:\FR\FM\01AUN1.SGM
01AUN1
Agencies
[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Notices]
[Pages 62796-62800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16915]
-----------------------------------------------------------------------
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 3,
2024.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0015 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2024-0015.
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 4th Floor West. 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, Director, 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 (Mine Act) and Title 30 of the Code of Federal
Regulations
[[Page 62797]]
(CFR) part 44 govern the application, processing, and disposition of
petitions for modification.
I. Background
Section 101(c) of the 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-2024-007-C.
Petitioner: Tunnel Ridge, LLC, 184 Schoolhouse Lane, Valley Grove,
WV 26060.
Mine: Tunnel Ridge Mine, MSHA ID No. 46-08864, located in Ohio
County, West Virginia.
Regulation Affected: 30 CFR 75.1700, Oil and gas wells.
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.1700, to utilize alternative plugging
methods to establish and maintain barriers around its Surface
Directionally Drilled (SDD) wells.
The petitioner states that:
(a) The Tunnel Ridge Mine's current mine plan has only one known
Coal Bed Methane (CBM) well within the current mine plan, the NV99 well
(API No. 37-125-23340). This well has never been used for the
production of methane.
(b) The unmapped laterals of the NV99 well were inadvertently
intersected with the 1 Left Gate Continuous Miner (CM) section. The
NV99 well was plugged from the surface, including laterals, with
flowable cement. During plugging operations, the production hole,
access hole, and laterals of the NV99 CBM well were squeeze cemented
with 158% of the calculated total volume.
(c) The 1 Left Gate CM section successfully mined through 3 of the
4 legs of the NV99 well. The mine-throughs of the lateral legs were
successfully accomplished by water infusing the well bores.
(d) The NV99 CBM well access hole is now scheduled to have
development mining occur within 150 feet due to the 2 Left Gate CM
section during July 2024.
(e) The lateral legs of the well are scheduled to be mined through
with the 2 Left Longwall (LW) in June 2025.
The petitioner proposes the following alternative method:
(a) District Manager approval required.
(1) A minimum working barrier of 300-feet diameter shall be
maintained around all SDD wells until approval to proceed with mining
has been obtained from the District Manager.
(2) The working barrier extends around all vertical and horizontal
branches drilled in the coal seam and also extends around all vertical
and horizontal branches within overlying coal seams subject to caving
or subsidence from the coal seam being mined when methane leakage
through the subsidence zone is possible.
(3) The District Manager shall choose to approve each branch
intersection, each well, or a group of wells as applicable to the
conditions.
(4) The District Manager may require a certified review of the
proposed methods to prepare the SDD wells for intersection by a
professional engineer in order to assess the applicability of the
proposed system(s) to the mine-specific conditions.
(b) Mandatory procedures for preparing, plugging, and replugging
SDD wells.
(1) Mandatory computations and administrative procedures prior to
plugging or replugging.
(i) Probable Error of Location--Directional drilling systems rely
on sophisticated angular measurement systems and computer models to
calculate the estimated location of the well bore. This estimated hole
location is subject to cumulative measurement errors so that the
distance between actual and estimated location of the well bore
increases with the depth of the hole. Modern directional drilling
systems are typically accurate within one or two degrees depending on
the specific equipment and techniques. The probable error of location
is defined by a cone described by the average accuracy of angular
measurement around the length of the hole. In addition to the probable
error of location, the true hole location is also affected by
underground survey errors, surface survey errors, and random survey
errors.
(ii) Minimum Working Barrier Around Well--The minimum working
barrier around any CBM well or branches of a CBM well in the coal seam
is 50 feet plus the probable error of location. The probable error of
location is a reasonable separation between the probable location of
the well and mining operations. When mining is within the minimum
working barrier distance from a CBM well or branch, the mine operator
must comply with the Proposed Decision and Order (PDO) granted by MSHA.
CBM wells must be prepared in advance for safe intersection and
specific procedures must be followed on the mining section. The
District Manager may require a greater minimum working barrier around
CBM wells where geologic conditions, historical location errors, or
other factors warrant a greater barrier.
(iii) Ventilation Plan Requirements--The ventilation plan shall
contain a description of all SDD CBM wells drilled in the area to be
mined. This description shall include the well numbers, the date
drilled, the diameter, the casing information, the coal seams
developed, maximum depth of the wells, abandonment pressures, and any
other information required by the District Manager. All or part of this
information may be listed on the mine ventilation map. The ventilation
plan shall include the techniques that the mine operator plans to use
to prepare the SDD wells for safe intersection, the specifications, and
steps necessary to implement these techniques, and the operational
precautions that are required when mining within the minimum working
barrier. In addition, the ventilation plan will contain any additional
information or provisions related to the SDD wells required by the
District Manager.
(iv) Ventilation Map--The Ventilation map shall contain the
following information:
(A) The surface location of all CBM wells in the active mining area
and any projected mining area;
(B) Identifying information of CBM wells (i.e. API hole number or
equivalent);
(C) The date that gas production began from the well;
(D) The coal seam intersection of all CBM wells;
(E) The horizontal extents in the coal seam of all CBM wells and
branches;
(F) The outline of the probable error of location of all CBM wells;
and
(G) The date of mine intersection and the distance between
estimated and actual locations for all intersections of the CBM well
and branches.
(2) Mandatory procedures for plugging or replugging SDD wells.
(i) The mine operator shall include in the mine ventilation plan
one or more of the following methods to prepare SDD wells for safe
intersection:
(A) Cement Plug--Cement may be used to fill the entire SDD hole
system. Squeeze cementing techniques are
[[Page 62798]]
necessary for SDD plugging due to the lack of tubing in the hole.
Cement should fill void spaces and eliminate methane leakage along the
hole. Once the cement has cured, the SDD system may be intersected
multiple times without further hole preparation. Gas cutting occurs if
the placement pressure of the cement is less than the methane pressure
in the coal seam. Under these conditions, gas will bubble out of the
coal seam and into the unset cement creating a pressurized void or
series of interconnected pressurized voids. Water cutting occurs when
formation water and standing water in the hole invades or displaces
unset cement. Standing water shall be bailed out of the hole or driven
into the formation with compressed gas to minimize water cutting. The
cement pressure must be maintained higher than the formation pressure
until the cement sets to minimize both gas and water cutting. The
cementing program in the ventilation plan must address both gas and
water cutting. Due to the large volume to be cemented and potential
problems with cement setting prior to filling the entire SDD system,
adequately sized pumping units with back-up capacity must be used.
Various additives such as retarders, lightweight extenders, viscosity
modifiers, thixotropic modifiers, and fly ash may be used in the cement
mix. The volume of cement pumped should exceed the estimated hole
volume to ensure the complete filling of all voids. The complete
cementing program, including hole dewatering, cement, additives,
pressures, pumping times and equipment must be specified in the
ventilation plan. The material safety data sheets (MSDS) for all
cements, additives and components and any personal protective equipment
and techniques to protect workers from the potentially harmful effects
of the cement and cement components shall be included in the
ventilation plan. Records of cement mixes, cement quantities, pump
pressures, and flow rates and times shall be retained for each hole
plugged. The District Manager shall require suitable documentation of
the cement plugging in order to approve mining within the minimum
working barrier around CBM wells.
(B) Polymer Gel--Polymer gels start out as low viscosity, water-
based mixtures of organic polymers that are crosslinked using time-
delayed activators to form a water-insoluble, high-viscosity gel after
being pumped into the SDD system. Although polymer gel systems never
solidify, the activated gel should develop sufficient strength to
resist gas flow. A gel that is suitable for treating SDD wells for mine
intersection will reliably fill the SDD system and prevent gas-filled
voids. Any gel chemistry used for plugging SDD wells shall be resistant
to bacterial and chemical degradation and remain stable for the
duration of mining through the SDD system. Water may dilute the gel
mixture to the point where it will not set to the required strength.
Water in the holes shall be removed before injecting the gel mixture.
Water removal shall be accomplished by conventional bailing and then
injecting compressed gas to squeeze the water that accumulates in low
spots back into the formation. Gas pressurization shall be continued
until the hole is dry. Another potential problem with gels is that
dissolved salts in the formation waters may interfere with the cross-
linking reactions. Any proposed gel mixtures shall be tested with
actual formation waters. Equipment to mix and pump gels shall have
adequate capacity to fill the hole before the gel sets. Back-up units
shall be available in case something breaks while pumping. The volume
of gel pumped shall exceed the estimated hole volume to ensure the
complete filling of all voids and allow for gel to infiltrate the
joints in the coal seam surrounding the hole. Gel injection and setting
pressures shall be specified in the ventilation plan. To reduce the
potential for an inundation of gel, the final level of gel should be
close to the level of the coal seam and the remainder of the hole shall
remain open to the atmosphere until mining in the vicinity of the SDD
system is completed. Packers may be used to isolate portions of the SDD
system. The complete polymer gel program, including advance testing of
the gel with formation water, dewatering systems, gel specifications,
gel quantities, gel placement, pressures, and pumping equipment shall
be specified in the ventilation plan. The MSDS for all gel components
and any personal protective equipment and techniques to protect workers
from the potentially harmful effects of the gel and gel components
shall be included in the ventilation plan. A record of the calculated
hole volume, gel quantities, gel formulation, pump pressures, and flow
rates and times should be retained for each hole that is treated with
gel. Other gel chemistries other than organic polymers shall be
included in the ventilation plan with appropriate methods, parameters,
and safety precautions.
(C) Bentonite Gel--High-pressure injection of bentonite gel into
the SDD system will infiltrate the cleat and butt joints of the coal
seam near the well bore and effectively seal the conduits against the
flow of methane. Bentonite gel is a thixotropic fluid that sets when it
stops moving. Bentonite gel has a significantly lower setting viscosity
than polymer gel. The lower strength bentonite gel must penetrate the
fractures and jointing in the coal seam in order to be effective in
reducing formation permeability around the hole. The use of bentonite
gel is restricted to depleted CBM applications that have low
abandonment pressures and limited recharge potential. In general, these
applications will be mature CBM fields with long production histories.
A slug of water shall be injected prior to the bentonite gel in order
to minimize moisture-loss bridging near the well bore. The volume of
gel pumped should exceed the estimated hole volume to ensure that the
gel infiltrates the joints in the coal seam for several feet
surrounding the hole. Due to the large gel volume and potential
problems with premature thixotropic setting, adequately sized pumping
units with back-up capacity are required. Additives to the gel may be
required to modify viscosity, reduce filtrates, reduce surface tension,
and promote sealing of the cracks and joints around the hole. To reduce
the potential for an inundation of bentonite gel, the final level of
gel should be approximately the elevation of the coal seam and the
remainder of the hole should remain open to the atmosphere until mining
in the vicinity of the SDD system is completed. The complete bentonite
gel program, including formation infiltration and permeability
reduction data, hole pretreatment, gel specifications, additives, gel
quantities flow rates, injection pressures and infiltration times, must
be specified in the ventilation plan. The ventilation plan shall list
the equipment used to prepare and pump the gel. The MSDS for all gel
components and any personal protective equipment and techniques to
protect workers from the potentially harmful effects of the gel and
additives shall be included in the ventilation plan. A record of hole
preparation, gel quantities, gel formulation, pump pressures, and flow
rates and times should be retained for each hole that is treated with
bentonite gel.
(D) Active Pressure Management and Water Infusion--Reducing the
pressure in the hole to less than atmospheric pressure by operating a
vacuum blower connected to the wellhead may facilitate safe
intersection of the hole by a coal mine. The negative pressure in the
hole shall limit the quantity of methane
[[Page 62799]]
released into the higher pressure mine atmosphere. If the mine
intersection is near the end of a horizontal branch of the SDD system,
air will flow from the mine into the upstream side of the hole and be
exhausted through the blower on the surface. On the downstream side of
the intersection, if the open hole length is short, the methane emitted
from this side of the hole may be diluted to safe levels with
ventilation air. Conversely, safely intersecting this system near the
bottom of the vertical hole may not be possible because the methane
emissions from the multiple downstream branches may be too great to
dilute with ventilation air. The methane emission rate is directly
proportional to the length of the open hole. Successful application of
vacuum systems may be limited by caving of the hole or water collected
in dips in the SDD system. Older, more depleted wells that have lower
methane emission rates are more amenable to this technique. The
remaining methane content and the formation permeability shall be
addressed in the ventilation plan. Packers may be used to reduce
methane inflow into the coal mine after intersection. All packers on
the downstream side of the hole must be equipped with a center pipe so
that the inby methane pressure may be measured or so that water may be
injected. Subsequent intersections shall not take place if pressure in
a packer-sealed hole is excessive. Alternatively, methane produced by
the downstream hole may be piped to an in-mine degas system to safely
transport the methane out of the mine or may be piped to the return air
course for dilution. In-mine methane piping should be protected as
stipulated in ``Piping Methane in Underground Coal Mines,'' MSHA IR
1094, (1978). Protected methane diffusion zones may be established in
return air courses if needed. Detailed sketches and safety precautions
for methane collection, piping and diffusion systems must be included
in the ventilation plan. Water infusion prior to intersecting the well
will temporarily limit methane flow. Water infusion may also help
control coal dust levels during mining. High water infusion pressures
may be obtained prior to the initial intersection by the hydraulic head
resulting from the hole depth or by pumping. Water infusion pressures
for subsequent intersections are limited by leakage around in-mine
packers and limitations of the mine water distribution system. If water
is infused prior to the initial intersection, the water level in the
hole must be lowered to the coal seam elevation before the
intersection. The complete pressure management strategy including
negative pressure application, wellhead equipment, and use of packers,
in-mine piping, methane dilution, and water infusion must be specified
in the ventilation plan. Procedures for controlling methane in the
downstream hole must be specified in the ventilation plan. The
remaining methane content and formation permeability shall be addressed
in the ventilation plan. The potential for the coal seam to cave into
the well shall be addressed in the ventilation plan. Dewatering methods
shall be included in the ventilation plan. A record of the negative
pressures applied to the system, methane liberation, use of packers and
any water infusion pressures and application time shall be retained for
each intersection.
(E) Remedial work--If problems are encountered in preparing the
holes for safe intersection, then remedial measures must be taken. The
District Manager shall approve remedial work in the ventilation plan on
a case-by-case basis.
(ii) The methods approved in the ventilation plan must be completed
on each SDD well before mining encroaches on the minimum working
barrier around the well or branch of the well in the coal seam being
mined. If methane leakage through subsidence cracks is a problem when
retreat mining, the minimum working barrier must be maintained around
wells and branches in overlying coal seams, or the wells and branches
must be prepared for safe intersection.
(c) Mandatory procedures that shall be followed after approval has
been granted by the District Manager.
(1) The mine operator, the District Manager, the miners'
representative, or the State may request a conference prior to any
intersection or after any intersection to discuss issues or concerns.
Upon receipt of any such request, the District Manager shall schedule a
conference. 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.
(2) The mine operator must notify the District Manager, the State
and the miners' representative at least 48 hours prior to the intended
intersection of any CBM well.
(3) The initial intersection of a well or branch typically
indicates if the well preparation is sufficient to prevent the
inundation of methane.
(4) When mining advances within the minimum barrier distance of the
well or branches of the well, the entries that will intersect the well
or branches must be posted with a readily visible marking. For
longwalls, both the head and tailgate entries must be marked. Marks
must be advanced to within 100 feet of the working face as mining
progresses. Marks shall be removed after well or branches are
intersected in each entry or after mining has exited the minimum
barrier distance of the well.
(5) Entries that intersect vertical segments of a well shall be
marked with drivage sights in the last open crosscut when mining is
within 100 feet of the well. When a vertical segment of a well will be
intersected by a longwall, drivage sights shall be installed on 10-foot
centers starting 50 feet in advance of the anticipated intersection.
Drivage sights shall be installed in both the headgate and tailgate
entries of the longwall.
(6) The operator shall ensure that fire-fighting equipment,
including fire extinguishers, rock dust, and a sufficient fire hose to
reach the working face area of the mine-through (when either the
conventional or the continuous mining method is used) is available and
operable during all well mine throughs. The fire hose shall be located
in the last open crosscut of the entry or room. The 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. All fire hoses shall
be connected and ready for use, but do not have to be charged with
water during the cut-through.
(7) The operator shall ensure that sufficient supplies of roof
support and ventilation materials are available at the working section.
In addition, emergency plugs, packers, and setting tools to seal both
sides of the well or branch shall be available in the immediate area of
the cut-through.
(8) When mining advances within the minimum working barrier
distance from the well or branch of the well, the operator shall
service all equipment and check for permissibility at least once daily.
Daily permissibility examinations must continue until the well or
branch is intersected or until mining exits the minimum working barrier
around the well or branch.
(9) When mining is in progress, the operator shall perform tests
for methane with a handheld methane detector at least every 10 minutes
from the time that mining with the continuous mining machine or
longwall face is within the minimum working barrier around the well or
branch. During the cutting process, no individual shall be allowed on
the return side until the mine-
[[Page 62800]]
through has been completed and the area has been examined and declared
safe. The shearer must be idle when any miners are inby the tail drum.
(10) When mining advances within the minimum working barrier
distance from the well or branch of the well, the operator shall
calibrate the methane monitor(s) on the longwall, continuous mining
machine, or cutting machine and loading machine at least once daily.
Daily methane monitor calibration must continue until the well or
branch is intersected or until mining exits the minimum working barrier
around the well or branch.
(11) When using continuous or conventional mining methods, 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
within 20 feet of the face when mining through the well or branch. On
longwall sections, rock dust shall be applied on the roof, rib, and
floor up to both the headgate and tailgate pillared area.
(12) Immediately after the well or branch is intersected, the
operator shall deenergize all equipment, and the certified person shall
thoroughly examine and determine the working place safe before mining
is resumed.
(13) After a well or branch 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 well or
branch.
(14) No open flame shall be permitted in the area until adequate
ventilation has been established around the well bore or branch. Any
casing, tubing or stuck tools shall be removed using the methods
approved in the ventilation plan.
(15) No person shall be permitted in the area of the mine-through
operation inby the last open crosscut during active mining except those
engaged in the operation, including company personnel, personnel from
MSHA, and personnel from the appropriate State agency.
(16) The operator shall warn all personnel in the mine of the
planned intersection of the well or branch 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 or branch
has been intersected.
(17) The mine-through operation shall be under the direct
supervision of a certified person. Instructions concerning the mine-
through operation shall be issued only by the certified person in
charge.
(18) All miners shall be in known locations and in constant two-way
communications with the responsible person when active mining occurs
within the minimum working barrier of the well or branch.
(19) The responsible person is responsible for well intersection
emergencies. The well intersection procedures must be reviewed by the
responsible person prior to any planned intersection.
(20) A copy of the PDO granted by MSHA shall be maintained at the
mine and be available to the miners.
(21) The provisions of the PDO granted by MSHA does not impair the
authority of representatives of MSHA to interrupt or halt the mine-
through operation and to issue a withdrawal order when they deem it
necessary for the safety of miners. MSHA may order an interruption or
cessation of the mine-through operation and/or a withdrawal of
personnel by issuing either a verbal or a written order to that effect
to a representative of the operator. Operations in the affected area of
the mine may not resume until a representative of MSHA permits
resumption of mine-through operations. The mine operator and miners
shall comply with verbal or written MSHA orders immediately. All verbal
orders shall be committed to writing within a reasonable time as
conditions permit.
(22) For subsequent intersections of branches of a well,
appropriate procedures to protect the miners shall be specified in the
ventilation plan.
(d) Mandatory procedures that shall be followed after SDD
intersections.
(1) All intersections with SDD wells and branches that are in
intake air courses shall be examined as part of the pre-shift
examinations.
(2) All other intersections with SDD wells and branches shall be
examined as part of the weekly examinations.
(e) Other requirements.
(1) Within 30 days after the PDO is granted by MSHA, the 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 regarding compliance with the
terms and conditions stated in the PDO granted by MSHA. The operator
shall provide all miners involved in the mine-through of a well or
branch with training prior to mining within the minimum working barrier
of the next well or branch intended to be mined through.
(2) Within 30 days after the PDO granted by MSHA becomes final, the
operator shall submit proposed revisions for its approved mine
emergency evacuation and firefighting program of instruction. The
operator shall revise the program to include the hazards and evacuation
procedures to be used for well intersections. All underground miners
shall be trained in this revised program within 30 days of approval.
Tunnel Ridge Mine has no designated miner's representative.
In support of the proposed alternative methos, the Petitioner
submitted a certified overview map of Tunnel Ridge Mine with all known
CBM wells with horizontal laterals, and the plugging affidavit for the
NV99 CBM well.
The Petitioner asserts that the alternative method proposed in the
Petition will at all times guarantee no less than the same measure of
protection afforded by 30 CFR 75.350(a).
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-16915 Filed 7-31-24; 8:45 am]
BILLING CODE 4520-43-P