80944 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 

021–C), but the Proposed Decision and 

Order (PDO) was denied by MSHA on 

June 4, 2024. 

(b) Peabody currently uses Motorola 

and Kenwood permissible radios in its 

underground mine to communicate 

between miners. Such communication 

facilitates movement of equipment, 

assignment of necessary work as well as 

communication with the surface control 

room. 

(c) The mines also use wired 

communication systems and the 

communication and tracking systems 

required in the mine’s Emergency 

Response Plan. Such communication 

facilitates efficiency and safety. It occurs 

along the face areas and in other areas 

covered by this standard. It facilitates 

communication in case of emergencies 

such as injuries both on the section and 

to the surface. 

(d) Motorola and Kenwood have 

discontinued the manufacture and sale 

of MSHA-approved permissible radios. 

Such radios were the only permissible 

radios available for the underground 

coal mine industry. The notices 

indicated that for a period of time the 

radios were sold out of stock but that 

ceased as indicated in the notes. 

Peabody is not aware of any other radio 

which is economically feasible. 

(e) Peabody seeks modification of 30 

CFR 75.500(d) as it applies to use of low 

voltage battery-powered nonpermissible radios. It intends to use the 

following equipment: 

(1) Motorola R–7 Portable Two-Way 

Radio. Other safe portable radios may 

subsequently be used if approved in 

advance by the MSHA District Manager. 

(f) Peabody mines utilize the 

continuous miner method of mining. 

Some sections utilize two continuous 

miners and use of the radios permits 

coordination of the coal haulers and 

between the two continuous miners as 

well as communication near pillar and 

sealed area workings. 

(g) Effective communication is critical 

to the safety of the miners at the mine. 

It reduces the potential for collisions 

and pedestrian accidents and facilitates 

communication in an emergency. 

(h) The alternative method proposed 

in the petition will at all times 

guarantee no less than the same measure 

of protection afforded by the standard. 

The petitioner proposes the following 

alternative method: 

(a) Non-permissible intrinsically safe 

radios to be used include the Motorola 

R7 Portable Two-Way Radio. 

(b) All such radios shall be rated IP 66 

or higher. 

(c) All non-permissible radios used in 

or inby the last open crosscut will be 

examined by a qualified person as 

defined in 30 CFR part 75.153 prior to 

use to ensure the equipment is being 

maintained in a safe operating 

condition. These examinations results 

shall be recorded in the weekly 

examination book and will be made 

available to MSHA and the miners at the 

mine. 

(d) A qualified person as defined in 

30 CFR part 75.151 shall continuously 

monitor for methane immediately before 

and during the use of non-permissible 

radios used in or inby the last open 

crosscut. 

(e) Non-permissible radios shall not 

be used if methane is detected in 

concentrations at or above one percent. 

When one percent or more methane is 

detected while the non-permissible 

radios are being used, the radios shall be 

de-energized immediately by turning 

them off and withdrawn outby the last 

open crosscut. 

(f) All hand-held methane detectors 

shall be MSHA approved and 

maintained in permissible and proper 

operating condition as defined in 30 

CFR 75.320. Each miner using a radio 

shall be trained in the use of handheld 

methane details. 

(g) All radios shall be used in 

accordance with the safe use procedures 

recommended by the manufacturer. 

(h) Personnel who use nonpermissible radios shall be properly 

trained to recognize the hazards and 

limitations associated with use of the 

equipment. 

(i) The radio battery is designed to last 

more than the length of a shift. The 

radio shall not be charged underground 

and shall be charged on the surface in 

accordance with the procedure for other 

battery-operated devices such as 

methane detectors. 

(j) The operator shall post the PDO 

granted by MSHA in unobstructed 

locations on the bulletin boards and/or 

in other conspicuous places where 

notices to miners are ordinarily posted, 

at all the mines for which the PDO 

granted by MSHA applies, for a period 

of not less than 60 consecutive days and 

a copy shall be made available to all 

miners’ representatives. 

(k) The proposed radios will be 

available for inspection and testing 

during MSHA’s investigation. As other 

radios are acquired, if the petition is 

granted, such radios shall be made 

available for MSHA inspection. The 

radios shall be made available for 

MSHA testing during the investigation. 

(l) The Motorola radio is rated IP 66 

and IP 68. It is powered by a lithium 

cell. Two such radios have been 

purchased by Peabody and are available 

at Gateway North for examination and 

testing by MSHA. Peabody has not, 

itself, tested such radios because it is 

presumed that MSHA will intend to 

conduct tests at the mine and would be 

unlikely to accept Peabody’s results. 

(m) The miners at Gateway North 

Mine are not currently represented by a 

labor organization and this petition is 

posted at the mine. 

In support of the proposed alternative 

method, the petitioner has also 

submitted manufacturer product 

specification sheets for MSHA-approved 

permissible radios indicating they are 

no longer available and manufacturer 

product specification sheets for the 

proposed Motorola R–7 Portable TwoWay Radio. 

The petitioner asserts that the 

alternative method in the petition will 

at all times guarantee no less than the 

same measure of protection afforded to 

the miners by the standard. 

Song-ae Aromie Noe, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. 2024–22918 Filed 10–3–24; 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 

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 Iron 

Cumberland, LLC. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before November 4, 2024. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0030 by any of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments 

for MSHA–2024–0030. 

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, 4th Floor West. 


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Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 80945 

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. 

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–2024–013–C. 

Petitioner: Iron Cumberland, LLC, 576 

Maple Run Road, Waynesburg, PA 

15370. 

Mine: Cumberland Mine, MSHA ID 

No. 36–05018, located in Greene 

County, Pennsylvania. 

Regulation Affected: 30 CFR 75.1700, 

Oil and gas wells. 

Modification Request: The petitioner 

requests a modification of 30 CFR 

75.1700 as it relates to unconventional 

gas wells at the mine. Specifically, the 

petitioner is petitioning to mine within 

the 300-feet barrier established by 30 

CFR 75.1700. 

The petitioner states that: 

(a) Cumberland is a large coal mine 

that produces coal from the Pittsburgh 

seam. It utilizes continuous miners to 

develop panels for retreat mining by 

longwall mining equipment. 

(b) The Cumberland Mine employs 

approximately 754 miners and produces 

approximately 32,000 tons of 

bituminous coal per day from the 

Pittsburgh #8 coal seam with an average 

height of 96 inches. At this time, there 

are no coal seams being mined 

stratigraphically down section from the 

Pittsburgh seam. The mine is accessed 

through one slope and five airshafts. 

The mine operates one longwall, two 

advancing gate sections, and a mains 

section utilizing continuous mining 

machines. 

(c) The planning for the layout of a 

longwall mining panel and district is a 

complex one that necessarily must take 

into account various factors related to 

ventilation, roof control, coal quality 

and production. 

(d) The petition is necessary to 

facilitate mining of the No. 83 South 

longwall panel. The longwall shearer 

will mine through and intersect the 

Alpha Unit 2 Marcellus gas wells. 

Altering mining projections to avoid the 

Alpha Unit 2 gas wells would require a 

‘‘longwall move’’ in the middle of a 

panel. This would require driving an 

additional set up face and could 

potentially create adverse ventilation 

and roof control conditions. It would 

also require an additional longwall 

‘‘move,’’ which has certain inherent 

hazards related to moving longwall 

equipment through the mine. 

(e) The Cumberland Mine desires to 

plug eight unconventional gas wells in 

the Marcellus shale so that mining may 

occur within the 300-foot diameter or so 

that they may be mined through. These 

are: 

(1) The Alpha Unit 2 Marcellus Gas 

Well American Petroleum Institute 

(API) #: 37–059–25679(1 H) 

(2) The Alpha Unit 2 Marcellus Gas 

Well (API) #: 37–059–25763(1.1H) 

(3) The Alpha Unit 2 Marcellus Gas 

Well (API) #: 37–059–25979(2H) 

(4) The Alpha Unit 2 Marcellus Gas 

Well (API) #: 37–059–25764(3H) 

(5) The Alpha Unit 2 Marcellus Gas 

Well (API) #: 37–059–26051(5H) 

(6) The Alpha Unit 2 Marcellus Gas 

Well API #: 37–059–25980 (6H) 

(7) The Alpha Unit 2 Marcellus Gas 

Well API #: 37–059–26052 (7H) 

(8) The Alpha Unit 2 Marcellus Gas 

Well API #: 37–059–25981 (8H) 

(f) The requested petition is necessary 

because the existing granted petitions 

do not specifically apply to 

unconventional wells, and, if a 300-foot 

barrier around the AU2 wells is required 

in accordance with the provisions of 

75.1700, the roof control plan would be 

adversely affected and the mine 

ventilation plan would be unduly 

complicated. Mining an additional setup face and bleeder entries would be 

required, additional conveyer belt 

drives would need to be installed, and 

an entire longwall mining unit in the 

middle a panel would need to be 

moved, unnecessarily exposing miners 

to transportation hazards as well as 

hazards associated with mine roof. 

Further, other safe methods and 

procedures are available to achieve the 

result intended by the standard. The 

wells would be ‘‘killed’’ and depleted of 

all gas and effectively plugged prior to 

intersection. Effective, safe methods of 

plugging wells are established and 

addressed in the proposed petition. 

(g) The alternative method provides 

an equivalent level of protection as 

many previous petitions. It permits 

identification of wells and contains 

provisions that prevent the introduction 

of methane or natural gas within the 

mine by appropriate and extensive 

plugging of the wells. Additional 

precautions provide for the detection of 

gas and the prevention of accumulations 

of gas with oversight by MSHA. 

The petitioner proposes the following 

alternative method: 

(a) A safety barrier of 300 feet in 

diameter shall be maintained around the 

Alpha Unit 2 1H, 1.1H, 2H, 3H, 5H, 6H, 

7H and 8H gas wells until the District 

Manager approves proceeding with 

mining. 

(b) 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 Proposed Decision 

and Order (PDO) granted by MSHA for 

cleaning out, preparing, and plugging 

each gas well have been completed shall 

be provided to the District Manager 

prior to mining within the safety barrier 

around these wells. The affidavit or 

declaration shall be accompanied by all 

logs, electronic or otherwise, described 

in section (d)(7) and any other records 

the District Manager requires. 

(c) The terms and conditions of the 

PDO granted by MSHA shall apply to all 

types of underground coal mining. 

(d) The following procedures shall be 

followed for cleaning out and preparing 

the Alpha Unit 2 1H, 1.1H, 2H, 3H, 5H, 

6H, 7H and 8H gas wells prior to 

plugging: 

(1) 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 


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original arrowset packer installed just 

above the ‘‘kick off point’’ in the well. 

The well shall be completely cleaned 

from the surface to at least the same 

arrowset packer originally installed. The 

District Manager shall be provided with 

all information it possesses concerning 

the geological nature of the strata and 

the pressure of the well. A diligent effort 

shall be made to remove all material 

from the entire diameter of the well, 

wall to wall. 

(3) Since these wells will no longer be 

producing and will be cleaned and 

prepared subject to the PDO granted by 

MSHA, a diligent effort shall be made to 

remove all of the casing and comply 

with all other applicable provisions of 

the PDO granted by MSHA. 

(4) A diligent effort to remove the 

casing shall require a minimum of 150 

percent of the casing string weight and/ 

or at least three attempts to spear the 

casing for the required minimum pull 

effort. A record of these efforts, 

including casing length and weight shall 

be kept and made available for MSHA 

review. 

(5) Perforations or rips shall be made 

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. Appropriate steps shall be 

taken 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 operator shall prepare downhole 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, workorders, 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) A diligent effort shall be made 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 well shall be 

prepared for plugging and sealed and 

using seals described in section (d)(10). 

(9) If the District Manager concludes 

that the completely cleaned out well is 

emitting excessive amounts of gas, an 

additional mechanical bridge plug shall 

be placed 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 District 

Manager shall be provided with all 

available information 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 measures taken to ‘‘kill the well’’ 

and plug the hydrocarbon producing 

strata shall be documented. 

(11) If the upper-most hydrocarbonproducing stratum is within 300 feet of 

the base of the coal seam, mechanical 

bridge plugs shall be properly placed to 

isolate the hydrocarbon-producing 

stratum from the expanding cement 

plug. 

(12) A minimum of 400 feet of 

expanding cement shall be placed below 

the coal seam, unless the District 

Manager requires a greater distance 

based the geological strata or to the 

pressure within the well. 

(e) The following procedures shall be 

followed for plugging the Alpha Unit 2 

1H, 1.1H, 2H, 3H, 5H, 6H, 7H and 8H 

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 Pittsburgh #8 coal seam. The 

cement shall be placed in the well 

under a pressure of at least 200 pounds 

per square inch (psi). 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. 

(f) The following procedures shall be 

followed for preparing and plugging or 

re-plugging the Alpha Unit 2 1H, 1.1H, 

2H, 3H, 5H, 6H, 7H and 8H gas wells: 

(1) If it is not possible to remove all 

the casing, the District Manager shall be 

notified before any other work is 

performed. 

(2) If the well cannot be cleaned out 

or the casing removed, the well shall be 

prepared from the surface to at least 400 

feet below the base of the Pittsburgh #8 

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 

Pittsburgh #8 coal seam, and the other 

applicable provisions in the PDO 

granted by MSHA shall apply. 

(4) If the casing cannot be removed, 

the casing shall be perforated from 400 

feet below the Pittsburgh #8 coal seam, 

the annuli shall be cemented or 

otherwise filled, and the other 

applicable provisions in the PDO 

granted by MSHA 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 Pittsburgh 

#8 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. 

(g) The following procedures shall be 

followed when mining within a 100-foot 

diameter barrier around the Alpha Unit 

2 1H, 1.1H, 2H, 3H, 5H, 6H, 7H and 8H 

gas wells. 


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(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) Each well shall be intersected on 

a shift approved by the District 

Manager. The District Manager and the 

miners’ representative shall be notified 

in sufficient time prior to intersecting a 

well to provide an opportunity to have 

representatives present. 

(3) Drivage sites shall be installed at 

the last open crosscut near the place to 

be mined to ensure intersection of the 

well when using continuous mining 

methods. 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, 

firefighting equipment including fire 

extinguishers, rock dust, and sufficient 

fire hose to reach the working face area 

of the well intersection shall be 

available and operable during all well 

intersections. The fire hose shall be 

located in the last open crosscut of the 

entry or room. A water line shall be 

maintained 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) 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) Testing and permissibility 

examinations of all equipment shall be 

made on the shift prior to intersecting 

the well. Water sprays, water pressures, 

and water flow rates used for dust and 

spark suppression shall be examined 

and any deficiencies corrected. 

(7) The methane monitor(s) on the 

longwall, continuous mining machine, 

or cutting machine and loading machine 

shall be calibrated on the shift prior to 

intersecting the well. 

(8) When mining is in progress, tests 

for methane shall be made 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 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, all 

equipment shall be de-energized and 

thoroughly examined and the area 

determined 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. A thick layer of 

rock dust shall be applied 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) All personnel in the mine shall 

be alerted 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 well in the longwall panel 

cannot be located or if a development 

section misses the anticipated 

intersection, mining shall cease, and an 

examination for hazardous conditions at 

the projected location of the well shall 

be conducted, the District Manager shall 

be notified, and reasonable measures 

shall be taken 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 

cannot be located, the mine operator 

shall work with District Manager to 

resolve any issues before mining 

resumes. 

(18) The provisions of the requested 

petition do not impair the authority of 

representatives of MSHA to interrupt or 

halt the well intersection and to issue a 

withdrawal order when they deem it 

necessary for the safety of the miners. 

MSHA may order an interruption or 

cessation of the well intersection and/or 

a withdrawal of personnel by issuing 

either a verbal or written order to that 

effect to a representative of the mine 

operator. Operations in the affected area 

of the mine may not resume until a 

representative of MSHA permits 

resumption. 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. 

(19) A copy of the PDO granted by 

MSHA shall be maintained at the mine 

and available to the miners. 

(20) 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 bander 

requirements of 30 CFR 75.1700, should 

those coal seams be developed in the 

future. 

(21) 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. 


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(22) All miners involved in the 

plugging or re-plugging operations shall 

be trained on the contents of the PDO 

granted by MSHA prior to starting the 

process. A copy of the PDO granted by 

MSHA shall be posted at the well site 

until the plugging or re-plugging has 

been completed. 

(23) 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. 

(24) Within 30 days after the PDO 

granted by MSHA becomes final, 

proposed revisions for the approved 30 

CFR part 48 training plan shall be 

submitted to the District Manager. These 

proposed revisions shall include initial 

and refresher training on compliance 

with the terms and conditions stated in 

the PDO granted by MSHA. All miners 

involved in well intersection shall be 

provided with training on the 

requirements of the PDO granted by 

MSHA prior to mining within 150 feet 

of the well intended to be mined 

through. 

(25) The responsible person required 

under 30 CFR 75.1501, shall be 

responsible for well intersection 

emergencies. The well intersection 

procedures shall be reviewed by the 

responsible person prior to any planned 

intersection. 

(26) Within 30 days after the PDO 

granted by MSHA becomes final, 

proposed revisions shall be submitted 

for the approved mine emergency 

evacuation and firefighting program of 

instruction required under 30 CFR 

75.1502. The program of instruction 

shall be revised 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. 

(h) The following detailed cleaning 

and plugging procedures are additional 

specifics and guidelines for cleaning out 

and preparing the Alpha Unit 2 IH, 

1.1H, 3H, 5H, 6H, 7H and 8H gas wells 

prior to plugging and for plugging the 

Alpha Unit 2 gas wells to the surface: 

(1) Record the shut-in pressure and 

monitor the casing pressure. 

(2) Move in equipment. Rig up the 

wireline rig and the pumping unit to the 

well head. Load fresh water (8.3 lbs/ 

gallon) and weighted brine water (10.0 

lbs/gallon) into their respective tanks. 

(3) Pump sufficient amount of 

weighted brine water into the wellbore 

first. Switch to fresh water and finish 

loading the wellbore. Fresh and brine 

water shall be pumped until the well is 

officially ‘‘killed,’’ which means the 

well is dead and has no gas delivered to 

the surface. 

(4) Rig up the wireline well head 

control. Run into the hole with a 51⁄2′′– 

10,000 psi rated Cast Iron Bridge Plug 

(CIBP) and set the CIBP within the 51⁄2′′ 

production tubing at the location where 

the existing arrowset packer is installed 

(located just above the ‘‘kick off point’’ 

in the well). Pull out of the hole and rig 

down the wireline rig. 

(5) Pressure test the installed 51⁄2′′– 

10,000 psi CIBP up to 80 percent of its 

working pressure for a minimum of one 

hour (surface + hydrostatic). Record 

pressure test results. 

(6) Rig up the drill rig and install a 

10,000 psi Wellhead Blowout Preventer. 

(7) Pressure test the Wellhead 

Blowout Preventer up to 90 percent of 

its working pressure for one hour. 

Record pressure test results. 

(8) Rig up the wireline rig and 

perform a cement bond log to determine 

the ‘‘top of cement’’ within the annulus 

of the 51⁄2′′ casing. Pull out of the hole 

and rig down the wireline rig. 

Preliminarily, based on the existing 

bond logs, the ‘‘top of cement’’ is 

expected to be located below the 95⁄8′′ 

casing seat. 

(9) Pick up the drill pipe and trip in 

the hole down to the installed 51⁄2′′ 

CIBP. Set a cement plug with a gas 

blocker additive from the existing 51⁄2′′ 

CIBP up to the ‘‘top of cement’’ of the 

51⁄2′′ casing (determined by the new 

bond log results). Wait on cement to 

cure for a minimum of eight hours. 

(10) Rig up the wireline rig, run into 

the hole to the top of the existing 

cement plug and cut the 51⁄2′′ casing. 

Run out of the hole and rig down the 

wireline rig. 

(11) Using the drill rig, pull all of the 

free 51⁄2′′ casing out of the hole. Load the 

hole with fresh water as required. 

(12) After removing the 51⁄2′′ casing, 

shut-in the well and monitor the gas 

pressure for a minimum of one hour. 

Record shut-in test results. If any gas 

pressure is encountered during the shutin test, an additional CIBP or packers 

may be used to mitigate gas migration. 

(No gas pressure is acceptable.) 

(13) Rig up the wireline rig and 

perform a cement bond log on the 95⁄8′′ 

casing. Pull out of the hole and rig down 

the wireline rig. Preliminarily, the 95⁄8′′ 

casing is expected to be fully cemented 

within the annulus. It was reported that 

cement was circulated to the surface 

upon install for the 95⁄8′′ casing, the 

133⁄8′′ casing, and the 20′′ casing. Any 

voids encountered within the 95⁄8′′ 

annulus shall be addressed 

appropriately. 

(14) Pick up the drill pipe and trip in 

the hole down to the previous cement 

plug. Set an additional cement plug 

with a gas blocker additive from the 

existing cement plug up to 100′ above 

the 95⁄8′′ casing seat. Wait on cement to 

cure for a minimum of eight hours. 

(15) Shut-in the well and monitor the 

gas pressure while the cement is curing. 

Record shut-in test results. If additional 

gas pressure is encountered during the 

shut-in test, an additional CIBP or 

packers may be used to mitigate gas 

migration. 

(16) Pick up the drill pipe and trip in 

the hole down to the previous cement 

plug. Set an additional cement plug 

with a gas blocker additive from the 

existing cement plug up to 400’ below 

the bottom of the Pittsburgh #8 coal 

seam. Wait on cement to cure for a 

minimum of eight hours. 

(17) Shut-in the well and monitor the 

gas pressure while the cement is curing. 

Record shut-in test results. If any gas 

pressure is encountered during the shutin test, an additional CIBP or packers 

may be used to mitigate gas migration. 

(No gas pressure is acceptable.) 

(18) At this point, the well has been 

effectively plugged from the original 

arrowset packer which was installed 

just above the ‘‘kick off point’’ (vertical 

to horizontal) up to 400’ below the 

Pittsburgh #8 coal seam. (Effectively 

plugged means no sign of any gas 

detected in the well bore.) The 

remaining procedures to complete the 

plugging process from 400’ below the 

Pittsburgh #8 coal seam to the surface 

can be found above. 

(i) The miners at Cumberland mine 

are currently represented by a labor 

organization and this petition is posted 

at the mine and has been served on the 

miners’ representative on May 8, 2024, 

as indicated in the Certificate of Service. 

In support of the proposed alternative 

method, the petitioner has also 

submitted: a schematic for cutting, 

milling, perforating or ripping well 

casing above and below the Pittsburgh 

#8 coal seam; a schematic for general 

proposed permanent plugging for an 

unconventional gas well; a copy of a 

previously granted PDO; a map of the 

proposed workings in Willow Grove 

District; a map showing the AU2 

geologic summary (well location plats 

and well site); well record and 

completion data; and other relevant 

facts. 

The petitioner asserts that the 

alternative method proposed will at all 

times guarantee no less than the same 

measure of protection afforded the 

miners under the mandatory standard. 

Song-ae Aromie Noe, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. 2024–22975 Filed 10–3–24; 8:45 am] 

BILLING CODE 4520–43–P 


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