16234 Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices 

(3) 70 percent of the minimum phaseto-phase short-circuit current available 

at the end of the trailing cable. 

(d) The calibrated trip setting of the 

circuit breakers will be sealed, locked, 

or protected so that the setting cannot be 

changed. 

(e) The circuit breakers will have 

permanent, legible labels indicating the 

circuit, cable size, maximum cable 

length, and the maximum instantaneous 

trip unit setting. If the trailing cable 

sizes are intermixed at a section power 

center, the plugs will be constructed or 

designed, for example, keyed or sized, 

to permit only the proper type and 

length of cable to be plugged into the 

receptacle with the proper settings. 

(f) Replacement instantaneous trip 

units used to protect trailing cables 

affected by this petition will be 

calibrated and set in accordance with 

alternative method item (c). This setting 

will be sealed, locked, or protected. 

(g) All components providing shortcircuit protection will have a sufficient 

interruption rating in accordance with 

the maximum calculated fault currents 

available. 

(h) Any trailing cable not in safe 

operating condition will be removed 

from service immediately and repaired 

or replaced. 

(i) If the mining methods or operating 

procedures cause or contribute to 

trailing cable damage, the cable will be 

removed from service immediately and 

repaired or replaced. Additional 

precautions will be taken to ensure that, 

in the future, the cable is protected and 

maintained in safe operating condition. 

(j) Each trailing cable splice or repair 

will be made in a workmanlike manner 

and in accordance with the instructions 

of the manufacturer of the splice or 

repair kit. The outer jacket of each 

splice will be vulcanized with flame 

resistant material or made with material 

that has been approved by MSHA as 

flame resistant. Splices will comply 

with the requirements of 30 CFR 75.603 

and 75.604. 

(k) At the beginning of each 

production shift, persons designated by 

the mine operator will visually examine 

trailing cables to ensure that they are in 

safe operating condition. The 

instantaneous trip unit settings of the 

specially calibrated circuit breakers will 

also be visually examined to ensure that 

the seals or locks have not been 

removed and that they are set in 

accordance with alternative method 

item (c). 

(l) Permanent warning labels will be 

installed and maintained on the cover(s) 

of the power center or distribution box 

identifying the location of each sealed 

short-circuit protection device. The 

labels will warn miners not to change or 

alter the sealed short-circuit settings. 

(m) This petition will apply to the 

initial bottom development of the mine, 

working sections that mine around gas 

wells, and working sections developing 

mains, submains, three entry panels, 

and bleeder and recovery entries. 

(n) This petition will not be 

implemented until miners designated to 

examine the integrity of the seals or 

locks, to verify the short-circuit settings, 

and to examine trailing cables for 

defects and damage have received 

training. 

(o) Within 60 days after the Proposed 

Decision and Order (PDO) becomes 

final, the petitioner will submit 

proposed revisions for its approved part 

48 training plan to the District Manager. 

The proposed revisions will include 

initial and refresher training regarding 

compliance with the terms and 

conditions of the PDO. 

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, 

Acting Director, Office of Standards, 

Regulations, and Variances. 

[FR Doc. 2022–05995 Filed 3–21–22; 8:45 am] 

BILLING CODE 4520–43–P 

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. 

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: 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, 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), petitionsformodification@

dol.gov (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, §§ 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; 


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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, downhole 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 replugging. 

(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 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 

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 


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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 hydrocarbonproducing 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 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 

(b)(11) to isolate the hydrocarbonproducing 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 


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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 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 

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 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. 

(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 


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16238 Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices 

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 replugging 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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