Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices 81567 

and CleanSpace EX PAPRs that will be 

kept with the equipment, or in a 

location with other mine record books 

and shall be made available to MSHA 

upon request. The equipment shall be 

examined at least weekly by a qualified 

person as defined in 30 CFR 75.512–1 

and the examination results recorded in 

the logbook. Examination records shall 

be maintained for one year. 

(d) All 3M Versaflo TR–800 and 

CleanSpace EX PAPRs to be used within 

150 feet of pillar workings or longwall 

faces shall be physically examined prior 

to initial use and each unit shall be 

assigned a unique identification 

number. Each unit shall be examined by 

the person to operate the equipment 

prior to taking the equipment 

underground to ensure the equipment is 

used according to the original 

equipment manufacturer’s 

recommendations and maintained in a 

safe operating condition. The 

examinations for the 3M Versaflo TR– 

800 PAPRs shall include: 

(1) Check the equipment for any 

physical damage and the integrity of the 

case. 

(2) Remove the battery and inspect for 

corrosion. 

(3) Inspect the contact points to 

ensure a secure connection to the 

battery. 

(4) Reinsert the battery and power up 

and shut down to ensure proper 

connections. 

(5) Check the battery compartment 

cover or battery attachment to ensure 

that it is securely fastened. 

(6) For equipment utilizing lithium 

type cells, ensure that lithium cells and/ 

or packs are not damaged or swelled in 

size. 

The CleanSpace EX PAPR does not 

have an accessible/removable battery. 

The internal battery and motor/blower 

assembly are both contained within the 

‘‘power unit’’ assembly and the battery 

cannot be removed, reinserted or 

fastened. Therefore, examination of the 

CleanSpace EX PAPR shall include any 

indications of physical damage. 

(e) All 3M Versaflo TR–800 and 

CleanSpace EX PAPR units shall be 

serviced according to the manufacturer’s 

recommendations. 

(f) Prior to energizing and during use 

of the 3M Versaflo TR–800 or the 

CleanSpace EX PAPR within 150 feet of 

pillar workings or longwall faces, 

procedures in accordance with 30 CFR 

75.323 shall be followed. 

(g) Only the 3M TR–830 Battery Pack, 

which meets lithium battery safety 

standard UL 1642 or IEC 62133, in the 

3M Versaflo TR–800 PAPR shall be 

used. Only the CleanSpace EX Power 

Unit, which meets lithium battery safety 

standard UL 1642 or IEC 62133, in the 

CleanSpace EX shall be used. 

(h) If battery packs for the 3M Versaflo 

TR–800 PAPR are provided, all battery 

‘‘change outs’’ shall occur in intake air 

outby the last open crosscut. 

(i) The following maintenance and 

use conditions shall apply to equipment 

containing lithium type batteries: 

(1) Neither the 3M TR–830 Battery 

Pack nor the CleanSpace EX Power Unit 

shall be disassembled nor modified by 

anyone other than permitted by the 

manufacturer of the equipment. 

(2) The 3M TR–830 Battery Pack shall 

be charged only in an area free of 

combustible material and in intake air 

outby the last open crosscut. The 3M 

TR–830 Battery Pack shall be charged 

only by a manufacturer’s recommended 

battery charger, such as the: 

(i) 3M Battery Charger Kit TR–641N, 

which includes one 3M Charger Cradle 

TR–640 and one 3M Power Supply TR– 

941N, or, 

(ii) 3M 4-Station Battery Charger Kit 

TR–644N, which includes four 3M 

Charger Cradles TR–640 and one 3M 4- 

Station Battery Charger Base/Power 

Supply TR–944N. 

(3) The CleanSpace EX internal 

battery, which is contained within the 

power unit assembly, shall be charged 

in areas located outby the last open 

crosscut in intake air and only the 

manufacturer’s recommended battery 

chargers shall be used, such as the 

CleanSpace EX Battery Charger, Product 

Code PAF–0066. 

(4) Neither the 3M TR–830 Battery 

Pack nor the CleanSpace EX power unit 

which contains the internal battery, 

shall be exposed to water, allowed to get 

wet or immersed in liquid. This does 

not preclude incidental exposure of the 

3M TR–830 Battery Pack or the 

CleanSpace EX power unit assembly. 

(5) Neither the 3M Versaflo TR–800 

PAPR nor the CleanSpace EX PAPR, 

including the internal battery, shall be 

used, charged or stored in locations 

where the manufacturer’s recommended 

temperature limits are exceeded. 

Neither the 3M Versaflo TR–800 PAPR 

nor the CleanSpace EX PAPR shall be 

placed in direct sunlight nor stored near 

a source of heat. 

(j) Annual retraining shall be given to 

all miners who will be involved with or 

affected by the use of the 3M Versaflo 

TR–800 or CleanSpace EX PAPRs in 

accordance with 30 CFR 48.8. Training 

of new miners on the requirements of 

the PDO granted by MSHA in 

accordance with 30 CFR 48.5, and 

training of experienced miners on the 

requirements of the PDO granted by 

MSHA in accordance with 30 CFR 48.6 

shall be given. The operator shall keep 

a record of such training and provide 

such record to MSHA upon request. 

(k) The miners at Mettiki Coal WV, 

LLC, Mountain View Mine, are not 

represented by a labor organization and 

there are no representatives of miners at 

the mine. A copy of this petition has 

been posted on the bulletin board at 

Mettiki Coal WV, LLC, Mountain View 

Mine, on September 13, 2024. 

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. 2024–23239 Filed 10–7–24; 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 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: 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. 

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 


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81568 Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices 

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–2024–012–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 replugged 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, 


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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 downhole 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 hydrocarbonproducing 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 hydrocarbonproducing 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 


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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 downhole 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 


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Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices 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 firefighting 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. 


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81572 Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices 

(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 crosssections 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 

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 River View 

Coal, 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– 

0043 by any of the following methods: 

1. Federal eRulemaking Portal: 

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

instructions for submitting comments 

for MSHA–2024–0043. 

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. 

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–2024–021–C. 

Petitioner: River View Coal, LLC, 835 

State Route 1179, Waverly, KY 42462. 

Mine: River View Mine, MSHA ID No. 

15–19374, located in Union County, 

Kentucky. 

Regulation Affected: 30 CFR 

75.500(d), Permissible electric 

equipment. 

Modification Request: The petitioner 

requests a modification of 30 CFR 

75.500(d) to allow the use of 

unapproved Powered Air Purifying 

Respirators (PAPRs) taken into or used 

inby the last open crosscut. Specifically, 

the Petitioner is requesting to utilize the 

CleanSpace EX PAPR and sealed motor/ 

blower/battery power pack assembly, 

and the 3M Versaflo TR–800 

Intrinsically Safe PAPR motor/blower 

and battery with battery pack. 

The petitioner states that: 

(a) The 3M Versaflo TR–800 PAPR 

with motor/blower and battery qualifies 

as intrinsically safe. 

(b) The CleanSpace EX PAPR also 

qualifies as intrinsically safe. 

(c) Both the CleanSpace EX and the 

3M Versaflo TR–800 PAPRs provide a 

constant flow of air inside the mask or 

helmet. This airflow provides 

respiratory protection and comfort in 

hot working conditions. 

(d) Neither the 3M Versaflo TR–800 

nor the CleanSpace EX PAPR is MSHAapproved as permissible. 

(e) Neither the 3M nor the CleanSpace 

is pursuing MSHA approval. 

(f) River View Coal currently makes 

available to all miners NIOSH-approved 

high efficiency l00 series respirators to 

protect the miners against potential 

exposure to respirable coal mine dust, 

including crystalline silica, during 

normal mining conditions. River View 

Coal desires to expand the miners’ 

option in choosing a respirator that 

provides the greatest degree of 

protection as well as comfort while 

being worn. PAPRs provide a constant 

flow of filtered air and serve that 

purpose. 


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