[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Notices]
[Pages 81567-81572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23246]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: This notice is a summary of a petition for modification 
submitted to the Mine Safety and Health Administration (MSHA) by 
Rockwell Mining LLC.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before November 7, 2024.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0029 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2024-0029.
    2. Fax: 202-693-9441.
    3. Email: <a href="/cdn-cgi/l/email-protection#a5d5c0d1ccd1cccacbc6cac8c8c0cbd1d6e5c1cac98bc2cad3"><span class="__cf_email__" data-cfemail="502035243924393f3e333f3d3d353e242310343f3c7e373f26">[email protected]</span></a>.
    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. 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

[[Page 81568]]

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), 
<a href="/cdn-cgi/l/email-protection#f3a396879a879a9c9d80959c819e9c979a959a9092879a9c9db3979c9fdd949c85"><span class="__cf_email__" data-cfemail="247441504d504d4b4a57424b56494b404d424d4745504d4b4a64404b480a434b52">[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 
(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-2024-012-C.
    Petitioner: Rockwell Mining, LLC, 4619 Bolt Road, Bolt, WV 25817.
    Mine: Eagle #3 Mine, MSHA ID No. 46-09427, located in Wyoming 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1700, Oil and gas wells.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.1700 as it relates to oil and 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) Rockwell operates one continuous miner super section with two 
continuous miners. The mining is in the lower Eagle seam. There is no 
undermining at Eagle #3 mine. In the area of the gas wells, there is 
overmining in the No. 2 gas seam by Kopperston No. 2 mine. There is 
over mining in the Upper Eagle seam but not in the area of the wells.
    (b) The planning and configuration of a set of the mains entries is 
between two abandoned mines. Such mains will encounter three and 
perhaps more gas wells drilled through lower Eagle coal seam. One such 
well is active and two are abandoned. All such wells will need to be 
plugged so that they can be mined through.
    (c) Rockwell expects to encounter such wells within 6 months.
    (d) The petition addresses items for which District Manager 
approval is required: procedures for cleaning out and preparing oil and 
gas wells prior to plugging or re-plugging; procedures for plugging or 
re-plugging oil or gas wells to the surface; procedures for plugging or 
re-plugging oil or gas wells for use as degasification boreholes, 
alternative procedures for preparing and plugging or re-plugging oil or 
gas wells; and procedures after approval has been granted to mine 
through a plugged or re- plugged well.
    (e) The type of oil or gas well that will be considered under this 
Petition includes: wells that have been depleted of oil or gas 
production or have not produced oil or gas and that may have been 
plugged; or active conventional vertical wells which are not producing 
gas or oil, subject to the provisions below. Unconventional wells in 
the Marcellus or Utica and all other unconventional shale oil and gas 
wells are not subject to this modification. Nothing in these provisions 
is meant to lessen, diminish, or substitute any provision found in 
applicable state laws or regulations.
    (f) Although some gas wells were present in the northern reserve, 
the mine plan includes the use and maintenance of barriers in 
accordance with state and federal regulations. At that time, the mine 
reserve was large enough to allow for mining ``around'' the established 
barriers. Now that mining in the northern reserve has been exhausted, 
the additional mining will be completed in the southern portion of the 
reserve. The mine is actively developing a new center ridge corridor 
between an older abandoned mine (Ranger Fuel Corp. E- Mine) and the 
coal seam outcrop. Maintaining a 300-foot barrier in this area makes it 
impossible to gain access to the remaining reserves in the mine. The 
map titled ``Eagle No. 3 Mine--MINE MAP'' shows the current mining in 
this area with the projected mining inby the gas wells. The corridor 
development will cease at break 29 until a Proposed Decision and Order 
(PDO) is granted by MSHA. Until such time, the active producing section 
(MMU-001 and MMU-002) will relocate to a small reserve area outby the 
active faces. Rockwell Mining, LLC, is submitting a petition for 
modification to allow for the plugging of and mining through these gas 
wells and to significantly reduce the barrier and mine around the 
wells, if possible. The alternative method of plugging the wells shall 
not compromise the protection to miners. The plugging of wells to this 
excepted standard ensures the safety of our miners and extends the life 
of the mine. Without the ability to extend the corridor to the south, 
the mine will cease operations sooner than anticipated, after it has 
exhausted the reserves outby break 29.
    (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 (150 feet between any 
mined area and a well) shall be maintained around all oil and gas wells 
(defined herein to include all active, inactive, abandoned, shut-in, 
previously plugged wells, water injection wells, and carbon dioxide 
sequestration wells) until approval to proceed with mining has been 
obtained from the District Manager.
    (b) Prior to mining within the 300-feet safety barrier around any 
well that the mine plans to intersect, the mine operator shall provide 
to the District Manager a sworn affidavit or declaration executed by a 
company official stating that all mandatory procedures for cleaning 
out, preparing, and plugging each gas or oil well have been completed 
as described by the terms and conditions of the PDO granted by MSHA. 
The affidavit or declaration must be accompanied by all logs described 
in the PDO granted by MSHA and any other records that the District 
Manager may request. Once approved by the District Manager, the mine 
operator may mine within the safety barrier of the well, subject to the 
terms of the PDO granted by MSHA.
    (c) If well intersection is not planned, the mine operator may 
request a permit to reduce the 300-feet diameter of the safety barrier 
that does not include intersection of the well. The District Manager 
may require documents and information that help verify the accuracy of 
the location of the well with respect to the mine maps and mining 
projections, including survey closure data, down-hole well deviation 
logs, historical well intersection location data. If the District 
Manager approves,

[[Page 81569]]

the mine operator may then mine within the safety barrier of the well.
    (d) In the event an uncharted well is inadvertently mined into, 
mining shall cease immediately on the section, electrical power shall 
be deenergized in the affected area, and MSHA shall be notified 
immediately via the emergency phone number posted on MSHA's website for 
reporting of this hazardous condition. In addition to its potential for 
liberating methane, the well may also be an open connection from the 
mine to the surface that presents a hazard to the mine and the 
environment. The District will respond with a timely investigation, 
issue a K Order if needed, and allow resumption of mining once a 
suitable action plan is in place.
    (e) The terms and conditions of the PDO granted by MSHA shall apply 
to all types of underground coal mining.
    (f) The following procedures shall be followed for cleaning out and 
preparing vertical oil and gas wells prior to plugging or re-plugging:
    (1) The mine operator shall test for gas emissions inside the hole 
before cleaning out, preparing, plugging, and re-plugging oil and gas 
wells. The District Manager shall be contacted if gas is being 
produced.
    (2) A diligent effort shall be made to clean the well to the 
original total depth. The mine operator shall contact the District 
Manager prior to stopping the operation to pull casing or clean out the 
total depth of the well. If this depth cannot be reached, and the total 
depth of the well is less than 4,000 feet, the operator shall 
completely clean out the well from the surface to at least 200 feet 
below the base of the lowest mineable coal seam, unless the District 
Manager requires cleaning to a greater depth based on the geological 
strata or pressure within the well. The operator shall provide the 
District Manager with all information it possesses concerning the 
geological nature of the strata and the pressure of the well. If the 
total depth of the well is 4,000 feet, or greater, the operator shall 
completely clean out the well from the surface to at least 400 feet 
below the base of the lowest mineable coal seam. The operator shall 
remove all material from the entire diameter of the well, wall to wall. 
If the total depth of the well is unknown and there is no historical 
information, the mine operator must contact the District Manager before 
proceeding.
    (3) The operator shall prepare down-hole logs for each well. Logs 
shall consist of a caliper survey, a gamma log, a bond log and a 
deviation survey for determining the top, bottom, and thickness of all 
coal seams down to the lowest minable coal seam, potential hydrocarbon 
producing strata and the location of any existing bridge plug. In 
addition, a journal 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 casing(s) removed, 
perforated or ripped or left in place; any section 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 the logs and 
provided to MSHA upon request.
    (4) When cleaning out the well as detailed in subparagraph (f)(2), 
the operator shall make a diligent effort to remove all of the casing 
in the well. After the well is completely cleaned out and all the 
casing removed, the well should be plugged to the total depth by 
pumping expanding cement slurry and pressurizing to at least 200 pounds 
per square inch (psi). If the casing cannot be removed, it must be cut, 
milled, perforated or ripped at all mineable coal seam levels to 
facilitate the removal of any remaining casing in the coal seam by the 
mining equipment. Any casing which remains shall be perforated or 
ripped to permit the injection of cement into voids within and around 
the well. All casing remaining at mineable coal seam levels shall be 
perforated or ripped at least every 5 feet from 10 feet below the coal 
seam to 10 feet above the coal seam.
    (5) Perforations or rips are required at least every 50 feet from 
200 feet (400 feet if the total well depth is 4,000 feet or greater) 
below the base of the lowest mineable coal seam up to 100 feet above 
the uppermost mineable coal seam. The mine operator shall take 
appropriate steps to ensure that the annulus between the casing and the 
well walls are filled with expanding (minimum 0.5 percent expansion 
upon setting) cement and contain no voids.
    (6) If it is not possible to remove all of the casing, the operator 
shall notify the District Manager before any other work is performed. 
If the well cannot be cleaned out or the casing removed, the operator 
shall prepare the well as described from the surface to at least 200 
feet below the base of the lowest mineable coal seam for wells less 
than 4,000 feet in depth and 400 feet below the lowest mineable coal 
seam for wells 4,000 feet or greater, unless the District Manager 
requires cleaning out and removal of casing to a greater depth based on 
geological strata or the pressure within the well.
    (7) If the operator, using a casing bond log, can demonstrate to 
the satisfaction of the District Manager that all annuli in the well 
are already adequately sealed with cement, the operator will not be 
required to perforate or rip the casing for that particular well. When 
multiple casing and tubing strings are present in the coal horizon(s), 
any remaining casing shall be ripped or perforated; then it shall be 
filled with expanding cement as indicated above. An acceptable casing 
bond log for each casing and tubing string is needed if used in lieu of 
ripping or perforating multiple strings.
    (8) If the District Manager concludes that the completely cleaned 
out well is emitting excessive amounts of gas, the operator must place 
a mechanical bridge plug in the well. It must be placed in a competent 
stratum at least 200 feet (400 feet if the total well depth is 4,000 
feet or greater) below the base of the lowest mineable coal seam, but 
above the top of the uppermost hydrocarbon-producing stratum, unless 
the District Manager requires a greater distance based on geological 
strata the pressure within the well. The operator shall provide the 
District Manager with all information it possesses 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 shall be used. The mine operator shall document what has been 
done to ``kill the well'' and plug the carbon producing strata.
    (9) If the upper-most hydrocarbon-producing stratum is within 300 
feet of the base of the lowest minable coal seam, the operator shall 
properly place mechanical bridge plugs as described in subparagraph 
(f)(8) to isolate the hydrocarbon- producing stratum from the expanding 
cement plug. The operator shall place a minimum of 200 feet (400 feet 
if the total well depth is 4,000 feet or greater) of expanding cement 
below the lowest mineable coal seam, unless the District Manager 
requires a greater distance based on the geological strata or the 
pressure within the well.
    (g) The following procedures shall be followed for plugging or re-
plugging oil or gas wells to the surface after completely cleaning out 
the well as previously specified:
    (1) The operator shall pump expanding cement slurry down the well 
to form a plug which runs from at least 200 feet (400 feet if the total 
well depth is 4,000 feet or greater) below the base of the lowest 
mineable coal seam (or lower if required by the District Manager based 
on the geological strata or the pressure within the well) to the

[[Page 81570]]

surface. The expanding cement shall be placed in the well under a 
pressure of at least 200 psi.
    (2) Portland cement or a lightweight cement mixture shall be used 
to fill the area from 100 feet above the top of the uppermost mineable 
coal seam (or higher if required by the District Manager that a higher 
distance is required due to the geological strata or the pressure 
within the well) to the surface.
    (3) The 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 American Petroleum Institute 
(API) well number engraved or welded on the casing. When the hole 
cannot be marked with a physical monument (e.g., prime farmland), high-
resolution GPS coordinates (one-half meter resolution) shall be 
required.
    (h) The following procedures shall be followed for plugging or re-
plugging oil and gas wells for use as degasification wells after 
completely cleaning out the well as previously specified:
    (1) The operator shall set a cement plug in the well by pumping an 
expanding cement slurry down the tubing to provide at least 200 feet 
(400 feet if the total well depth is 4,000 feet or greater) of 
expanding cement below the lowest mineable coal seam, unless the 
District Manager requires a greater depth based on the geological 
strata or the pressure within the well. The expanding cement shall be 
placed in the well under a pressure of at least 200 psi. The top of the 
expanding cement shall extend at least 50 feet above the top of the 
coal seam being mined, unless the District Manager requires a greater 
distance based on the geological strata or the pressure within the 
well.
    (2) The operator shall securely grout into the bedrock of the upper 
portion of the degasification well a suitable casing to protect it. The 
remainder of this well may be cased or uncased.
    (3) The operator shall fit the top of the degasification casing 
with a wellhead equipped as required by the District Manager in the 
approved ventilation plan. Such equipment may include check valves, 
shut-in valves, sampling ports, flame arrestor equipment, and security 
fencing.
    (4) Operation of the degasification well shall be addressed in the 
approved ventilation plan. This may include periodic tests of methane 
levels and limits on the minimum methane concentrations that may be 
extracted.
    (5) After the area of the coal mine that is degassed by a well is 
sealed or the coal mine is abandoned, the operator must plug all 
degasification wells using the following procedures:
    (i) The operator shall insert a tube to the bottom of the well or, 
if not possible, to within 100 feet above the coal seam being mined. 
Any blockage must be removed to ensure that the tube can be inserted to 
this depth.
    (ii) The operator shall set a cement plug in the well by pumping 
Portland cement or a lightweight cement mixture down the tubing until 
the well is filled to the surface.
    (iii) The 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 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.
    (i) The following provisions apply to all wells which the operator 
determines, and with which the MSHA District Manager agrees, cannot be 
completely cleaned out due to damage to the well caused by subsidence, 
caving, or other factors.
    (1) The operator shall drill a hole adjacent and parallel to the 
well, to a depth of at least 200 feet (400 feet if the total well depth 
is 4,000 feet or greater) below the lowest mineable coal seam, unless 
the District Manager requires a greater depth based on the geological 
strata or the pressure within the well.
    (2) The operator shall use a geophysical sensing device to locate 
any casing which may remain in the well.
    (3) If the well contains casing(s), the operator shall drill into 
the well from the parallel hole. From 10 feet below the coal seam to 10 
feet above the coal seam, the operator shall perforate or rip all 
casings at least every 5 feet. Beyond this distance, the operator shall 
perforate or rip at least every 50 feet from at least 200 feet (400 
feet if the total well depth is 4,000 feet or greater) below the base 
of the lowest mineable coal seam up to 100 feet above the seam being 
mined, unless the District Manager requires a greater distance based on 
the geological strata or the pressure within the well. The operator 
shall fill the annulus between the casings and between the casings and 
the well wall with expanding (minimum 0.5 percent expansion upon 
setting) cement and shall ensure that these areas contain no voids. If 
the operator, using a casing bond log, can demonstrate to the 
satisfaction of the District Manager that the annulus of the well is 
adequately sealed with cement, then the operator shall not be required 
to perforate or rip the casing for that particular well or fill these 
areas with cement. When multiple casing and tubing strings are present 
in the coal horizon(s), any casing which remains shall be ripped or 
perforated and filled with expanding cement as indicated. An acceptable 
casing bond log for each casing and tubing string shall be made if this 
used in lieu of ripping or perforating multiple strings.
    (4) Where the operator determines, and the District Manager agrees, 
that there is insufficient casing in the well to allow the method 
outlined to be used, then the operator shall use a horizontal hydraulic 
fracturing technique to intercept the original well. From at least 200 
feet (400 feet if the total well depth is 4,000 feet or greater) below 
the base of the lowest mineable coal seam to a point at least 50 feet 
above the seam being mined, the operator shall fracture in at least six 
places at intervals to be agreed upon by the operator and the District 
Manager after considering the geological strata and the pressure within 
the well. The operator shall pump expanding cement into the fractured 
well in sufficient quantities and in a manner which fills all 
intercepted voids.
    (5) The operator shall prepare down-hole logs for each well. Logs 
shall consist of a caliper survey, a gamma log, a bond log and a 
deviation survey for determining the top, bottom, and thickness of all 
coal seams down to the lowest minable coal seam, potential hydrocarbon 
producing strata and the location of any existing bridge plug. The 
operator may obtain the logs from the adjacent hole rather than the 
well if the condition of the well makes it impractical to insert the 
equipment necessary to obtain the log.
    (6) A journal shall be maintained that describes: 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 casing(s) removed, 
perforated or ripped or left in place; any sections where casing was 
cut or milled; and other pertinent information concerning 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.
    (7) After the operator has plugged the well, the operator shall 
plug the adjacent hole, from the bottom to the surface, with Portland 
cement or a lightweight cement mixture. The operator shall embed steel 
turnings or other small magnetic particles in the top

[[Page 81571]]

of the cement near the surface to serve as a permanent magnetic 
monument of the well. In the alternative, a 4-inch or larger casing, 
set in cement, shall extend at least 36 inches above the ground level. 
A combination of the methods outlined previously may have to be used in 
a single well, depending upon the conditions of the hole and the 
presence of casings. The operator and the District Manager shall 
discuss the nature of each hole and if the District Manager requires 
more than one method be utilized. The mine operator may submit an 
alternative plan to the District Manager for approval to use different 
methods including certification by a registered petroleum engineer to 
support the proposed alternative methods to address wells that cannot 
be completely cleaned out.
    (j) The following procedures shall be followed when mining within a 
100-feet diameter barrier around a well.
    (1) A representative of the 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 or re-plugged well. The party requesting the conference shall 
notify all other parties listed above within a reasonable time prior to 
the conference to provide opportunity for participation. The purpose of 
the conference shall be to review, evaluate, and accommodate any 
abnormal or unusual circumstance related to the condition of the well 
or surrounding strata when such conditions are encountered.
    (2) The operator shall intersect a well on a shift approved by the 
District Manager. The operator shall notify the District Manager and 
the miners' representative in sufficient time prior to intersecting a 
well to provide an opportunity to have representatives present.
    (3) When using continuous mining methods, the operator shall 
install drivage sights at the last open crosscut near the place to be 
mined to ensure intersection of the well. The drivage sites shall not 
be more than 50 feet from the well. When using longwall mining methods, 
distance markers shall be installed on 5-foot centers for a distance of 
50 feet in advance of the well in the headgate entry and in the 
tailgate entry.
    (4) The operator shall ensure that fire-fighting equipment 
including fire extinguishers, rock dust, and sufficient fire hose to 
reach the working face area of the well intersection (when either the 
conventional or continuous mining method is used) is available and 
operable during all well intersections. The fire hose shall be located 
in the last open crosscut of the entry or room. The operator shall 
maintain the water line to the belt conveyor tailpiece along with a 
sufficient amount of fire hose to reach the farthest point of 
penetration on the section. When the longwall mining method is used, a 
hose to the longwall water supply is sufficient.
    (5) The operator shall ensure that sufficient supplies of roof 
support and ventilation materials shall be available and located at the 
last open crosscut. In addition, emergency plugs and suitable sealing 
materials shall be available in the immediate area of the well 
intersection.
    (6) On the shift prior to intersecting the well, the operator shall 
service all equipment and check it for permissibility. Water sprays, 
water pressures, and water flow rates used for dust and spark 
suppression shall be examined and any deficiencies corrected.
    (7) The operator shall calibrate the methane monitor(s) on the 
longwall, continuous mining machine, or cutting machine and loading 
machine on the shift prior to intersecting the well.
    (8) When mining is in progress, the 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 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 operator's most current 
approved ventilation plan shall be followed at all times unless the 
District Manager requires a greater air velocity for the intersect.
    (9) When using continuous or conventional mining methods, the 
working place shall be free from accumulations of coal dust and coal 
spillages, and rock dust shall be placed on the roof, rib, and floor to 
within 20 feet of the face when intersecting the well. On longwall 
sections, rock dusting shall be conducted and placed on the roof, rib, 
and floor up to both the headgate and tailgate gob.
    (10) When the well is intersected, the operator shall de-energize 
all equipment, and thoroughly examine and determine the area to be safe 
before permitting mining to resume.
    (11) After a well has been intersected and the working place 
determined to be safe, mining shall continue inby the well a sufficient 
distance to permit adequate ventilation around the area of the well.
    (12) When necessary, torches shall be used for inadequately or 
inaccurately cut or milled casings. No open flame shall be permitted in 
the area until adequate ventilation has been established around the 
well bore and methane levels of less than 1.0 percent are present in 
all areas that will be exposed to flames and sparks from the torch. The 
operator shall apply a thick layer of rock dust to the roof, face, 
floor, ribs and any exposed coal within 20 feet of the casing prior to 
the use of torches.
    (13) Non-sparking (brass) tools shall be located on the working 
section and shall be used exclusively to expose and examine cased 
wells.
    (14) No person shall be permitted in the area of the well 
intersection except those engaged in the operation, company personnel, 
representatives of the miners, personnel from MSHA, and personnel from 
the appropriate State agency.
    (15) The operator shall alert all personnel in the mine to the 
planned intersection of the well prior to their going underground if 
the planned intersection is to occur during their shift. This warning 
shall be repeated for all shifts until the well has been mined through.
    (16) The well intersection shall be under the direct supervision of 
a certified individual. Instructions concerning the well intersection 
shall be issued only by the certified individual in charge.
    (17) If the mine operator cannot find the well in the middle of the 
panel or a gate section misses the anticipated intersection, mining 
shall cease and the District Manager shall be notified.
    (18) A copy of the PDO granted by MSHA shall be maintained at the 
mine and be available to the miners.
    (19) If the well is not plugged to the total depth of all minable 
coal seams identified in the core hole logs, any coal seams beneath the 
lowest plug shall remain subject to the barrier requirements of 30 CFR 
75.1700.
    (20) All necessary safety precautions and safe practices required 
by MSHA regulations and State regulatory agencies having jurisdiction 
over the plugging site shall be followed.
    (21) 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.
    (22) Mechanical bridge plugs should incorporate the best available 
technologies required or recognized by the State regulatory agency and/
or oil and gas industry.

[[Page 81572]]

    (23) Within 30 days after the PDO granted by MSHA becomes final, 
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 on compliance with the 
terms and conditions stated in the PDO granted by MSHA. The operator 
shall provide all miners involved in well intersection with training on 
the requirements of the PDO granted by MSHA prior to mining within 150 
feet of a well intended to be mined through.
    (24) 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.
    (25) 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 required 
under 30 CFR 75.1502. The operator shall revise the program of 
instruction to include the hazards and evacuation procedures to be used 
for well intersections. All underground miners shall be trained in this 
revised plan within 30 days of submittal.
    (k) The miners at the Eagle #3 mine are not represented by a labor 
union and do not have a miner's representative. The petition is posted 
at the mine.
    In support of the proposed alternative method, the petitioner has 
also submitted: mine maps indicating well locations, current mining in 
the area and projected mining inby the gas wells; well production 
records and charts; schematics showing general cross-sections of casing 
and tubing; 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. 2024-23246 Filed 10-7-24; 8:45 am]
BILLING CODE 4520-43-P


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