[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Notices]
[Pages 29140-29143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13396]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standard

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: This notice is a summary of petitions for modification 
submitted to the Mine Safety and Health Administration (MSHA) by the 
parties listed below.

DATES: All comments on the petitions must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before July 23, 2018.

ADDRESSES: You may submit your comments, identified by ``docket

[[Page 29141]]

number'' on the subject line, by any of the following methods:
    1. Email: <a href="/cdn-cgi/l/email-protection#5329291e001b127e303c3e3e363d272013373c3f7d343c25"><span class="__cf_email__" data-cfemail="dca6a6918f949df1bfb3b1b1b9b2a8af9cb8b3b0f2bbb3aa">[email protected]</span></a>. Include the docket number of the 
petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, Director, 
Office of Standards, Regulations, and Variances. Persons delivering 
documents are required to check in at the receptionist's desk in Suite 
4E401. Individuals may inspect copies of the petitions and comments 
during normal business hours at the address listed above.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations, and Variances at 202-693-9447 (phone), 
<a href="/cdn-cgi/l/email-protection#45272437372a2b6b2724372724372405212a296b222a33"><span class="__cf_email__" data-cfemail="a5c7c4d7d7cacb8bc7c4d7c7c4d7c4e5c1cac98bc2cad3">[email protected]</span></a> (email), or 202-693-9441 (fax). [These are not 
toll-free numbers.]

SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety 
and Health Act of 1977 and Title 30 of the Code of Federal Regulations 
Part 44 govern the application, processing, and disposition of 
petitions for modification.

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary of Labor (Secretary) 
determines that:
    1. An alternative method of achieving the result of such standard 
exists which will at all times guarantee no less than the same measure 
of protection afforded the miners of such mine by such standard; or
    2. That the application of such standard to such mine will result 
in a diminution of safety to the miners in such mine.
    In addition, the regulations at 30 CFR 44.10 and 44.11 establish 
the requirements and procedures for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2018-015-C.
    Petitioner: Spartan Mining Company, LLC, 500 Lee Street East, Suite 
701 (25301), P.O. Box 2548, Charleston, West Virginia 25329.
    Mine: Road Fork #52 Mine, MSHA I.D. No. 46-09522, located in 
Wyoming County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard as it relates to vertical oil and gas wells at the 
Road Fork #52 mine. The petitioner states that:
    (1) The Road Fork #52 mine extracts coal from the Pocahontas No. 3 
coal seam. The Road Fork #52 mine will operate two continuous miner 
sections producing coal 5 to 6 days per week.
    (2) In addition to the horizontal coalbed methane wells, there are 
many vertical oil and gas wells which exist in the reserve area of the 
Road Fork #52 mine.
    (3) Road Fork #52 mine will employ the continuous mining room and 
pillar method of mining. It is anticipated that each vertical wellbore 
will be mined through only once in any seam.
    (4) With respect to vertical mines, the petitioner proposes to 
modify 30 CFR 75.1700 as provided for below. The modifications 
requested would allow petitioner to mine through vertical wellbores as 
encountered and whenever the safety barrier diameter is reduced to a 
distance less than the District Manager would approve pursuant to Sec.  
75.1700 for plugged oil or gas wells penetrating the Pocahontas No. 3 
Coal Seam and other mineable coal seams.
    (a) The petitioner proposes to use the following procedures when 
cleaning out and preparing oil and gas wells prior to plugging and 
replugging;
    (1) A diligent effort will be made to clean the borehole to the 
original total depth. If this depth cannot be reached, the borehole 
will be cleaned out to a depth which would permit the placement of at 
least 200 feet of expanding cement below the base of the lowest 
mineable coalbed.
    (2) When cleaning the borehole, a diligent effort will be made to 
remove all the casing in the borehole. If it is not possible to remove 
all casing, the casing which remains will be perforated, or ripped, at 
intervals spaced close enough to permit expanding cement slurry to 
infiltrate the annulus between the casing and the borehole wall for a 
distance of at least 200 feet below the base of the lowest mineable 
coalbed.
    (3) If the cleaned-out borehole produces gas, a mechanical bridge 
plug will be placed in the borehole in a competent stratum at least 200 
feet below the base of the lowest mineable coalbed, but above the top 
of the uppermost hydrocarbon-producing stratum. If it is not possible 
to set a mechanical bridge plug, a substantial brush plug may be used 
in place of the mechanical bridge plug.
    (4) Logs will be made consisting of a caliper survey directional 
deviation survey and logs suitable for determining the top and bottom 
of the lowest mineable coalbed and potential hydrocarbon producing 
strata and the location for the bridge plug.
    (5) If the uppermost hydrocarbon-producing stratum is within 200 
feet of the base of the lowest mineable coalbed, properly placed 
mechanical bridge plugs or a suitable brush plug, described in 
subparagraph (a)(3) above, will be used to isolate the hydrocarbon-
producing stratum from the expanding cement plug. Nevertheless, a 
minimum of 200 feet of expanding cement will be placed below the lowest 
mineable coalbed.
    (6) The wellbore will be completely filled and circulated with a 
gel that inhibits any flow of gas, supports the walls of the borehole, 
and increases the density of the expanding cement. This gel will be 
pumped through open-end tubing that extends to approximately 20 feet 
above the bottom of the cleaned out area of the borehole or bridge 
plug.
    (b) The petitioner proposes to use the following procedures when 
plugging oil and gas wells to the surface:
    (1) A cement plug will be set in the wellbore by pumping an 
expanding cement slurry down the tubing to displace the gel and fill 
the borehole to the surface. As an alternative, the cement slurry may 
be pumped down the tubing so that the borehole is filled with Portland 
cement or a Portland cement-fly ash mixture from approximately 100 feet 
above the top of the lowest mineable coalbed to the surface with an 
expanding cement plug extending from at least 200 feet below the lowest 
mineable coalbed to the bottom of the Portland cement. There will be at 
least 200 feet of expanding cement below the base of the lowest 
mineable coalbed.
    (2) A small quantity of steel turnings, or other small magnetic 
particles, will be embedded in the top of the cement near the surface 
to serve as a permanent magnetic monument of the borehole.
    (c) The petitioner proposes the following procedures when using the 
vent pipe method for plugging oil and gas wells:
    (1) A 4\1/2\-inch or larger vent pipe will be run into the wellbore 
to a depth of 100 feet below the lowest mineable coalbed and wedged to 
a small diameter pipe, if needed, which will extend to approximately 20 
feet above the bottom of the cleaned out area of the borehole or bridge 
plug.
    (2) A cement plug will be set in the wellbore by pumping an 
expanding

[[Page 29142]]

cement slurry, Portland cement, or a Portland cement-fly ash mixture 
down the tubing to displace the gel so that the borehole is filled with 
cement. The borehole and the vent pipe will be filled with expanding 
cement to a minimum of 200 feet below the base of the lowest mineable 
coalbed. The top of the expanding cement will extend upward to 
approximately 100 feet above the top of the lowest mineable coalbed.
    (3) All fluid will be evacuated from the vent pipe to facilitate 
testing for gases. During the evacuation of fluid, the expanding cement 
will not be disturbed.
    (4) The top of the vent pipe will be protected to prevent liquids 
or solids from entering the wellbore, but permit ready access to the 
full internal diameter of the vent pipe when necessary.
    (d) The petitioner proposes to use the following procedures when 
plugging oil or gas wells for subsequent use as degasification 
boreholes:
    (1) A cement plug will be set in the wellbore by pumping an 
expanding cement slurry down the tubing to displace the gel and provide 
at least 200 feet of expanding cement below the lowest mineable 
coalbed. The top of the expanding cement will extend upward to about 
the top of the coalbed being mined. This distance will be based on the 
average height of the roof strata breakage for the mine.
    (2) To facilitate methane drainage, degasification casing of 
suitable diameter, slotted or perforated throughout its lower 150 to 
200 feet, will be set in the borehole to a point 10 to 30 feet above 
the top of the expanding cement.
    (3) The annulus between the degasification casing and the borehole 
wall will be cemented from a point immediately above the slots or 
perforations to the surface.
    (4) The degasification casing will be cleaned out for its total 
length.
    (5) The top of the degasification casing will be fitted with a 
wellhead equipped as required by the DM. Such equipment may include 
check valves, shut-in valves, sampling ports, flame arrestor equipment, 
and security fencing.
    (e) The petitioner proposes to use the well plugging procedures 
described above and the cut-through procedures described below whenever 
the petitioner reduces the safety barrier diameter to a distance less 
than the DM would approve pursuant to Sec.  75.1700, or proceeds with 
an intent to cut-through a plugged well.
    (1) The petitioner will notify the DM or his designee prior to 
reducing the safety barrier to a distance less than the DM would 
approve pursuant to Sec.  75.1700 or proceeding with an intent to cut 
through a plugged well.
    (2) Mining through a plugged well will be done on a shift approved 
by the DM or designee.
    (3) Prior to mining through a plugged well, the petitioner will 
notify the DM or designee, representative of the miners, and the 
appropriate State agency in sufficient time for them to have a 
representative present.
    (4) Drivage sites will be installed at the last open crosscut near 
the place to be mined to ensure intersection of the well. The drivage 
sites will not be more than 50 feet from the well.
    (5) Firefighting equipment, including fire extinguishers, rock 
dust, and sufficient fire hose to reach the working face area of the 
mining-through will be available when either the conventional or 
continuous mining method is used. The fire hose will be located in the 
last open crosscut of the entry or room. All fire hoses will be ready 
for operation during the mining-through.
    (6) Sufficient supplies of roof support and ventilation materials 
will be available and located at the last open crosscut. In addition, 
an emergency plug and/or plugs will be available in the immediate area 
of the mine-through.
    (7) At least the quantity of air required by the approved mine 
ventilation plan, but not less than 6,000 cubic feet per minute for 
scrubber equipped continuous miners or not less than 9,000 cubic feet 
per minute for continuous miner sections using auxiliary fans or line 
brattice only, will be used to ventilate the working face during the 
mining- through operation.
    (8) Equipment will be checked for permissibility and serviced on 
the shift prior to mining-through the well and the water line 
maintained to the tail piece with a sufficient amount of fire hose to 
reach the farthest point of penetration on the section.
    (9) The methane monitor on the continuous mining machine will be 
calibrated on the shift prior to mining-through the well.
    (10) When mining is in progress, tests for methane will be made 
with a hand-held methane detector at least every 10 minutes from the 
time that mining with the continuous mining machine is within 30 feet 
of the well until the well is intersected and immediately prior to 
mining through. During the actual cutting through process, no 
individual will be allowed on the return side until mining-through has 
been completed and the area has been examined and declared safe.
    (11) The working place will be free from accumulations of coal dust 
and coal spillages, and rock dust will be placed on the roof, rib and 
floor within 20 feet of the face when mining through or near the well 
on the shift or shifts during which the cut-through will occur.
    (12) When the wellbore is intersected, all equipment will be 
deenergized and the place thoroughly examined and determined safe 
before mining is resumed. Any well casing will be removed and no open 
flames will be permitted in the area until adequate ventilation has 
been established around the wellbore.
    (13) After a well has been intersected and the working place 
determined safe, mining will continue inby the well a sufficient 
distance to permit adequate ventilation around the area of the 
wellbore.
    (14) No person will be permitted in the area of the mining-through 
operation except those actually engaged in the operation, company 
personnel, representatives of the miners, personnel from MSHA, and 
personnel from the appropriate State agency.
    (15) The mining-through operation will be under the direct 
supervision of a certified official. Instructions concerning the 
mining-through operation will be issued only by the certified official 
in charge.
    (16) MSHA personnel may interrupt or halt the mining-through 
operation when it is necessary for the safety of the miners.
    (17) A copy of the petition will be maintained at the mine and be 
available to the miners.
    (18) The petitioner will file a plugging affidavit setting forth 
the persons who participated in the work, a description of the plugging 
work, and certification by the petitioner that the well has been 
plugged as described.
    (19) Within 60 days after the proposed decision and order (PDO) 
becomes final, the petitioner will submit proposed revisions for its 
approved 30 CFR part 48 training plan to the DM. These proposed 
revisions will include initial and refresher training regarding 
compliance with the terms and conditions in the PDO.
    (f) Prior to mining through a vertical wellbore of a well, in 
addition to complying with the modifications described above, the 
petitioner will verify that the following procedures have been 
performed on the well:
    (1) If water is present, it will be bailed from the vertical 
section of the wellbore, as close to the coal seam elevation as 
practical using normal bailing equipment.

[[Page 29143]]

    (2) The surface wellhead will be maintained open to bring the 
vertical section of the wellbore to outside atmospheric pressure.
    (g) In addition, the petitioner proposes to do the following:
    (1) Install drivage sites within 80 feet of the mine-through point.
    (2) Provide firefighting equipment near the working face, including 
two 10--pound fire extinguishers, 240 pounds of rock dust, and fire 
hose of sufficient length to reach the working face and capable of 
delivering at least 50 gallons per minute of water at minimum pressure 
of 50 pounds per square inch.
    (3) Supply a quantity of at least 9,000 CFM of intake air at the 
face, but no less than the approved ventilation plan amount, of intake 
air at the face.
    (4) Calibrate the continuous miner methane monitor on one of the 
five production shifts prior to the shift during which the mine-through 
is anticipated.
    (5) Test for methane with a hand-held methane detector at least 
every 10 minutes during the time mining is conducted within 30 feet of 
the wellbore.
    (6) Deenergize all equipment and thoroughly examine the area when 
the wellbore is intersected.
    (7) Continue hand-held methane detector tests at least every 10 
minutes during production shifts until mining has progressed 20 feet 
past the initial mine-through point once the area has been determined 
to be safe and mining has resumed.
    (h) Only company personnel, personnel from MSHA, and personnel from 
the appropriate West Virginia agency will be permitted in the area of 
the mine-through operation.
    (i) The mine-through operation will be under the direct supervision 
of the certified official. Instructions concerning the mine-through 
operation will be issued only by a certified official.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection from 
the potential hazards against which the existing standard was intended 
to guard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2018-13396 Filed 6-21-18; 8:45 am]
 BILLING CODE 4520-43-P


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