[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Notices]
[Pages 16234-16238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05997]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of an Existing Mandatory 
Safety Standard

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before April 21, 2022.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0008 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2022-0008.
    2. Fax: 202-693-9441.
    3. Email: <a href="/cdn-cgi/l/email-protection#8bfbeeffe2ffe2e4e5e8e4e6e6eee5fff8cbefe4e7a5ece4fd"><span class="__cf_email__" data-cfemail="dcacb9a8b5a8b5b3b2bfb3b1b1b9b2a8af9cb8b3b0f2bbb3aa">[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, Acting 
Director, Office of Standards, Regulations, and Variances. Persons 
delivering documents are required to check in at the receptionist's 
desk in Suite 4E401. Individuals may inspect copies of the 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.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards, 
Regulations, and Variances at 202-693-9440 (voice), 
<a href="/cdn-cgi/l/email-protection#b0c0d5c4d9c4d9dfdec3d6dfc2dddfd4d9d6d9d3d1c4d9dfdef0d4dfdc9ed7dfc6"><span class="__cf_email__" data-cfemail="c6b6a3b2afb2afa9a8b5a0a9b4aba9a2afa0afa5a7b2afa9a886a2a9aae8a1a9b0">[email protected]</span></a> (email) or 202-693-9441 (facsimile). 
[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 (Secretary) 
determines that:
    1. An alternative method of achieving the result of such standard 
exists which will at all times guarantee no less than the same measure 
of protection afforded the miners of such mine by such standard; or
    2. The application of such standard to such mine will result in a 
diminution of safety to the miners in such mine.
    In addition, Sec. Sec.  44.10 and 44.11 of 30 CFR establish the 
requirements for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2022-003-C.
    Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning, 
PA 16201.
    Mine: Dutch Run Mine, Mine ID No. 36-08701, located in Armstrong 
County, PA; Parkwood Mine, Mine ID No. 36-08785, located in Armstrong 
County, PA; Madison Mine, Mine ID No. 36-09127, located in Cambria 
County, PA;

[[Page 16235]]

Lowry Mine, Mine ID No. 36-09287, located in Indiana County, PA; 
Cresson Mine, Mine ID No. 36-09308, located in Cambria County, PA; 
Barrett Mine, Mine ID No. 36-09342, located in Indiana County, PA; 
Penfield Mine, Mine ID No. 36-09355, located in Clearfield County, PA; 
Mine 78, Mine ID No. 36-09371, located in Somerset County, PA; 
Kocjancic Mine, Mine ID No. 36-09436, located in Jefferson County, PA; 
Brush Valley Mine, Mine ID No. 36-09437, located in Indiana County, PA; 
Harmony Mine, Mine ID No. 36-09477, located in Clearfield County, PA; 
Crooked Creek Mine, Mine ID No. 36-09972, located in Indiana County, 
PA.
    Regulation Affected: 30 CFR 75.1700 Oil and Gas Wells.
    Modification Request: The petitioner requests a modification of the 
existing standard, 30 CFR 75.1700, as it relates to oil and gas wells 
at the mine. Specifically, the petitioner is proposing: 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 mandatory 
procedures after approval has been granted to mine through a plugged or 
re-plugged well.
    The petitioner states:
    (a) District Manager Approval Required:
    (1) The type of oil or gas well subject to this petition includes 
wells that have been depleted of oil or gas production, wells that have 
not produced oil or gas and may have been plugged, and active wells. 
Marcellus and Utica wells may not be mined through. No Marcellus or 
Utica wells are contained within the petition mine permits and are not 
subject to this modification.
    (2) 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, or 
previously plugged wells, water injection wells, and carbon dioxide 
sequestration wells) until the District Manager has given approval to 
proceed with mining. Wells drilled into potential oil or gas producing 
formations that did not produce commercial quantities of either gas or 
oil (exploratory wells, wildcat wells or dry holes) are classified as 
oil or gas wells by MSHA. If the District Manager determines that the 
procedures have been complied with as described in subparagraphs 2(a) 
and (b), he will provide his approval, and the mine operator may then 
mine within the safety barrier of the well, subject to the terms of 
this Order. If well intersection is not planned, the mine operator may 
request a permit to reduce the 300-foot 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. This information may include survey closure data, down-
hole well deviation logs, historical well intersection location data 
and any additional data required by the District Manager. If the 
District Manager determines that the proposed barrier reduction is 
reasonable, he will provide his approval, and the mine operator may 
then mine within the safety barrier of the well.
    (3) Prior to mining within the 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 with appropriate authority 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 
this order.
    (4) The affidavit or declaration must be accompanied by all logs 
described in (b)(8) and (b)(9) and any other records, described in 
those subparagraphs, the District Manager may request. The District 
Manager will review the affidavit or declaration, the logs and any 
other records provided, and may inspect the well itself, and will then 
determine if the operator has complied with the procedures for cleaning 
out, preparing, and plugging each well as described by the terms and 
conditions of this Order.
    (5) The terms and conditions of this petition apply to all types of 
underground coal mining.
    (b) The petitioner proposes to use the following mandatory 
procedures 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.
    (3) If the total depth of the well is less than 4,000 feet and the 
total depth cannot be reached, 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 his judgment as to what is 
required due to the geological strata, or due to the pressure within 
the well.
    (4) 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.
    (5) 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 to 
provide a higher degree of protection for miners, in light of the 
greater pressure on wells of greater depth. The operator shall remove 
all material from the entire diameter of the well, wall to wall.
    (6) 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.
    (7) 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 sections where casing was 
cut or milled; and other pertinent information concerning cleaning and 
sealing the well. Invoices, work-orders, 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) When cleaning out the well as provided for in (b)(2), the 
operator shall make a diligent effort to remove all of the casing from 
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

[[Page 16236]]

which remains shall be perforated or ripped to permit the injection of 
cement into voids within and around the well.
    (9) 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. 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 must take appropriate steps to ensure that the annulus between 
the casing and the well walls are filled with expanding (minimum 0.5% 
expansion upon setting) cement and contain no voids.
    (10) 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 cannot be 
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 in consideration of geological strata, or due to the 
pressure within the well.
    (11) 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, then 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 casing that remains shall be ripped or perforated and 
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.
    (12) 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 his judgment 
that it is required due to the geological strata, or due to the 
pressure within the well. The operator shall provide the District 
Manager with all information the operator 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 may be used. The mine operator shall document what has been done 
to ``kill the well'' and plug the carbon producing strata.
    (13) 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 (b)(11) to 
isolate the hydrocarbon-producing stratum from the expanding cement 
plug. Nevertheless, the operator shall place a minimum of 200 vertical 
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 his judgment that 
it is required due to the geological strata, or due to the pressure 
within the well.
    (c) Mandatory Procedures for Plugging or Re-Plugging Oil or Gas 
Wells to the Surface. After completely cleaning out the well as 
specified in (b), the following procedures shall be used to plug or re-
plug wells:
    (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 his judgment that a lower depth is required due to the geological 
strata, or due to the pressure within the well) to the surface. The 
expanding cement will be placed in the well under a pressure of at 
least 200 psi. Portland cement or a lightweight cement mixture may 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 based 
on his judgment that a higher distance is required due to the 
geological strata, or due to the pressure within the well) to the 
surface.
    (2) 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) are required.
    (d) The petitioner proposes to use the following mandatory 
procedures for plugging or re-plugging oil and gas wells for use as 
degasification wells. After completely cleaning out the well as 
specified in (b), the following procedures shall be utilized when 
plugging or re-plugging wells that are to be used as degasification 
wells:
    (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 his judgment that a 
greater depth is required due to the geological strata, or due to the 
pressure within the well.
    (i) The expanding cement will be placed in the well under a 
pressure of at least 200 psi.
    (ii) 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 due to the geological strata, or due to 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 in order 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

[[Page 16237]]

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.
    (e) The petitioner proposes to use the following mandatory 
alternative procedures for preparing and plugging or re-plugging oil or 
gas wells. 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.
    (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 distance due to the geological 
strata, or due to 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 
his judgment that a greater distance is required due to the geological 
strata, or due to 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% 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 will 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 remain, shall be ripped or perforated and 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.
    (4) Where the operator determines, and the District Manager agrees, 
that there is insufficient casing in the well to allow use of the 
method outlined in subparagraph (e)(3), 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 agreed upon by the 
operator and the District Manager after considering the geological 
strata and the pressure within the well. The operator shall then 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 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 sections where casing was 
cut or milled; other pertinent information concerning sealing the well. 
Invoices, work orders, 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 as described in (e)(3) 
and/or (e)(4), 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 of the cement near the surface to serve 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 in (e)(3) and 
(e)(4) 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. The 
District Manager may require that more than one method be utilized. The 
mine operator may submit an alternative plan to the District Manager 
for approval to use different methods to address wells that cannot be 
completely cleaned out. The District Manager may require additional 
documentation and certification by a registered petroleum engineer to 
support the proposed alternative methods.
    (f) The petitioner proposes to use the following mandatory when 
mining within a 100-foot 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. Upon receipt of any such request, the 
District Manager shall schedule such a conference. The party requesting 
the conference shall notify all other parties listed above within a 
reasonable time prior to the conference to provide opportunity for 
participation. 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 in order 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.
    (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.
    (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

[[Page 16238]]

the immediate area of the well intersection.
    (6) Within 12 hours 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 within 12 hours 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 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. The operator's most current Approved 
Ventilation Plan will be followed at all times unless the District 
Manager deems a greater air velocity for the intersect is necessary.
    (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. When the well is 
intersected, the operator shall deenergize all equipment, and 
thoroughly examine and determine the area to be safe before permitting 
mining to resume.
    (10) 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.
    (11) If the casing is cut or milled at the coal seam level, the use 
of torches should not be necessary. However, in rare instances, 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% 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.
    (12) Non-sparking (brass) tools will be located on the working 
section and will be used exclusively to expose and examine cased wells.
    (13) 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.
    (14) 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.
    (15) The well intersection shall be under the direct supervision of 
a responsible person. Instructions concerning the well intersection 
shall be issued only by the certified individual in charge.
    (16) If the mine operator cannot find the well in the middle of the 
panel or room and misses the anticipated intersection, mining shall 
cease and the District Manager shall be notified.
    (17) The provisions of this Decision and Order 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 operator, which order shall include the basis for 
the order. 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.
    (18) A copy of this Petition 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 will remain subject to the barrier requirements of 30 CFR 
75.1700, should those coal seams be developed in the future.
    (20) All necessary safety precautions and safe practices required 
by MSHA regulation and by State agencies that have jurisdiction over 
the plugging site still apply and shall be followed to provide the 
upmost protection to the miners involved in the process.
    (21) All miners involved in the plugging or re-plugging operation 
will be trained on the contents of this petition prior to starting the 
process and a copy of this petition will be posted at the well site 
until the plugging or re-plugging has been completed.
    (22) Mechanical bridge plugs should incorporate the best available 
technologies that are either required or recognized by the State 
regulatory agency and/or oil and gas industry.
    (23) Within 30 days after this Decision and Order 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 Decision and Order. The operator 
shall provide all miners involved in well intersection with training on 
the requirements of this Decision and Order prior to mining within 150 
feet of the next well intended to be mined through.
    (24) The responsible person required under 30 CFR 75.1501 Emergency 
Evacuations, is responsible for well intersection emergencies. The well 
intersection procedures should be reviewed by the responsible person 
prior to any planned intersection.
    (25) Within 30 days after this Decision and Order 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 will revise the program of 
instruction to include the hazards and evacuation procedures to be used 
for well intersections. All underground miners will be trained in this 
revised plan within 30 days of submittal. The procedure as specified in 
30 CFR 48.3 for approval of proposed revisions to already approved 
training plans shall apply.
    The petitioner asserts that the alternate method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the applicable standard.

Song-ae Aromie Noe,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-05997 Filed 3-21-22; 8:45 am]
BILLING CODE 4510-43-P


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