Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Notices 51679 

Dated: September 10, 2021. 

Mara Blumenthal, 

Senior PRA Analyst. 

[FR Doc. 2021–19994 Filed 9–15–21; 8:45 am] 

BILLING CODE 4510–FP–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 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 October 18, 2021. 

ADDRESSES: You may submit your 

comments including the docket number 

of the petition by any of the following 

methods: 

1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket 

number of the petition in the subject 

line of the message. 

2. Facsimile: 202–693–9441. 

3. Regular Mail or Hand Delivery: 

Regular Mail or Hand Delivery: MSHA, 

Office of Standards, Regulations, and 

Variances, 201 12th Street South, Suite 

4E401, Arlington, Virginia 22202–5452, 

Attention: Jessica D. Senk, Director, 

Office of Standards, Regulations, and 

Variances. 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. 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. 

FOR FURTHER INFORMATION CONTACT: 

Jessica D. Senk, Office of Standards, 

Regulations, and Variances at 202–693– 

9440 (voice), Senk.Jessica@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 

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–2021–030–C. 

Petitioner: Rosebud Mining Company, 

301 Market Street, Kittanning, 

Pennsylvania (ZIP 16201). 

Mine: Heilwood Mine, MSHA ID No. 

36–09407, located in Indiana County, 

Pennsylvania. 

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 replugging 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. 

The petitioner states that: 

(a) The Heilwood Mine is opened into 

the Lower Kittanning Coal seam and 

accesses the Brookville coal seam via an 

inter mine slope. Coal is produced in 

one underground section using a 

continuous mining machine and a 

continuous haulage system. The mine 

operates one production shift per day, 5 

to 6 days per week, producing an 

average of 800 tons of raw coal per day. 

The mine employs 20 persons 

underground and 5 on the surface. 

(b) The Heilwood Mine uses a room 

and pillar method of mining. A 

continuous miner with attached haulage 

develops main entries. After the mains 

are established butts, rooms, and/or 

panels are developed off of the mains. 

The length of the rooms and/or panels 

can typically extend a distance of 600 

feet to over 6,000 feet, depending on 

permit boundaries, projections, and 

conditions. 

(c) The Heilwood Mine permit 

contains oil or gas wells that have been 

depleted of oil or gas production, 

producing wells, and oil or gas wells 

that have not produced oil or gas and 

may have been plugged. These wells 

would alter the mining projections for 

the life of the mine and not allow for the 

most efficient use of air available to the 

mine if the barrier established by 30 

CFR 75.1700 were to remain in place. 

The petitioner proposes the following 

alternative method: 

(a) District Manager’s approval is 

required. 

(1) 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, have not 

produced oil or gas and may have been 

plugged, and active wells. No Marcellus 

and Utica wells are contained within 

the Heilwood Mine Permit and 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 (to include: 

All active, inactive, abandoned, shut-in, 

and previously plugged wells; water 

injection wells; and carbon dioxide 

sequestration wells) until approval to 

proceed with mining has been obtained 

from the District Manager. Wells that 

were 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. 

(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 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 

Decision and Order. 

(4) The affidavit or declaration must 

be accompanied by all logs described in 

(b)(8) and (b)(9) below and any other 

records which the District Manager may 

request. The District Manager will 

review the affidavit or declaration, the 

logs, and any other records, may inspect 

51680 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Notices 

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 the Decision 

and Order. If the District Manager 

determines that the procedures have 

been complied with, he will provide his 

approval, and the mine operator may 

then mine within the safety barrier of 

the well, subject to the terms of the 

Decision and 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 

documentation that help verify the 

accuracy of the location of the well in 

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. 

(5) The terms and conditions of the 

Decision and Order 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. 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 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. 

(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. 

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. 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, 

ripped, or left in place; any sections 

where casing was cut or milled; and 

other information concerning cleaning 

and sealing the well. Invoices, workorders, and other records relating to all 

work on the well shall be maintained as 

part of this journal and provided to 

MSHA upon request. 

(8) When cleaning out the well as 

provided for in (b) above, 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 

remaining casing 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 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. 

(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, 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 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. 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 may be used. 

The mine operator shall document what 

has been done to ‘‘kill the well’’ and 

plug the carbon producing strata. 

(12) 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) above to isolate the hydrocarbonproducing 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. 

(c) The petitioner proposes to use the 

following mandatory procedures for 

plugging or re-plugging oil or gas wells 

to the surface. After completely cleaning 

out the well as specified in (b) above: 

(1) The operator shall pump 

expanding cement slurry down the well 

to form a plug which runs from at least 

Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Notices 51681 

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) 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) 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) above, the following 

procedures shall be utilized: 

(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. 

(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. 

(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 lightweight cement mixture 

down the tubing until the well is drilled 

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. 

Alternatively, 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 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. 

(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. The 

operator shall fill the annulus 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 remaining casing 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 the method outlined in (e)(3) 

above to be used, 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. 

The operator shall then pump 

expanding cement into the fractured 

well to fill 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, ripped, or left in place; any 

sections where casing was cut or milled; 

and 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) 

above, 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 

51682 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Notices 

of the cement near the surface to serve 

as a permanent magnetic monument of 

the well. Alternatively, 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) above 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 are 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 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. 

(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 

certified individual. 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 the Decision 

and Order do not impair the authority 

of representatives of MSHA to interrupt 

or halt the well intersection and 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. 

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 the Decision and Order 

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 according to industry 

Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Notices 51683 

standards, required by MSHA 

regulations and State regulatory 

agencies having jurisdiction over the 

plugging site will be followed to provide 

the upmost protection to the miners 

involved in the process. 

(21) All miners involved in the 

plugging or re-plugging operations will 

be trained on the contents of the 

Decision and Order prior to starting the 

process, and a copy of the Decision and 

Order 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 the 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 the 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 the 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 mandatory standard. 

Jessica Senk, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. 2021–19992 Filed 9–15–21; 8:45 am] 

BILLING CODE 4520–43–P 

DEPARTMENT OF LABOR 

Wage and Hour Division 

Minimum Wage for Federal Contracts 

Covered by Executive Order 13658, 

Notice of Rate Change in Effect as of 

January 1, 2022 

AGENCY: Wage and Hour Division, 

Department of Labor. 

ACTION: Notice. 

SUMMARY: The Wage and Hour Division 

(WHD) of the U.S. Department of Labor 

(the Department) is issuing this notice to 

announce the applicable minimum 

wage rate for workers performing work 

on or in connection with federal 

contracts covered by Executive Order 

13658, Establishing a Minimum Wage 

for Contractors (the Executive Order or 

the Order), beginning January 1, 2022. 

Beginning on that date, the Executive 

Order 13658 minimum wage rate that 

generally must be paid to workers 

performing work on or in connection 

with covered contracts will increase to 

$11.25 per hour, while the required 

minimum cash wage that generally must 

be paid to tipped employees performing 

work on or in connection with covered 

contracts will increase to $7.90 per 

hour. Covered contracts that are entered 

into on or after January 30, 2022, or that 

are renewed or extended (pursuant to an 

option or otherwise) on or after January 

30, 2022, will be generally subject to a 

higher $15.00 minimum wage rate 

established by Executive Order 14026 of 

April 27, 2021, Increasing the Minimum 

Wage for Federal Contractors. 

DATES: These new Executive Order 

13658 rates shall take effect on January 

1, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Amy DeBisschop, Director, Division of 

Regulations, Legislation, and 

Interpretation, Wage and Hour Division, 

U.S. Department of Labor, Room S– 

3502, 200 Constitution Avenue NW, 

Washington, DC 20210; telephone: (202) 

693–0406 (this is not a toll-free 

number). Copies of this notice may be 

obtained in alternative formats (Large 

Print, Braille, Audio Tape, or Disc), 

upon request, by calling (202) 693–0023 

(not a toll-free number). TTY/TTD 

callers may dial toll-free (877) 889–5627 

to obtain information or request 

materials in alternative formats. 

SUPPLEMENTARY INFORMATION: 

I. Executive Order 13658 Background 

and Requirements for Determining 

Annual Increases to the Minimum 

Wage Rate 

Executive Order 13658 was signed on 

February 12, 2014, and raised the hourly 

minimum wage for workers performing 

work on or in connection with covered 

federal contracts to $10.10 per hour, 

beginning January 1, 2015, with annual 

adjustments thereafter in an amount 

determined by the Secretary pursuant to 

the Order. See 79 FR 9851. The 

Executive Order directed the Secretary 

to issue regulations to implement the 

Order’s requirements. See 79 FR 9852. 

Accordingly, after engaging in noticeand-comment rulemaking, the 

Department published a Final Rule on 

October 7, 2014 to implement the 

Executive Order. See 79 FR 60634. The 

final regulations, set forth at 29 CFR part 

10, established standards and 

procedures for implementing and 

enforcing the minimum wage 

protections of the Order. 

Executive Order 13658 and its 

implementing regulations require the 

Secretary to determine the applicable 

minimum wage rate for workers 

performing work on or in connection 

with covered contracts on an annual 

basis, beginning January 1, 2016. See 79 

FR 9851; 29 CFR 10.1(a)(2), 10.5(a)(2), 

10.12(a). Sections 2(a) and (b) of the 

Order establish the methodology that 

the Secretary must use to determine the 

annual inflation-based increases to the 

minimum wage rate. See 79 FR 9851. 

These provisions, which are 

implemented in 29 CFR 10.5(b)(2), 

explain that the applicable minimum 

wage determined by the Secretary for 

each calendar year shall be: 

• Not less than the amount in effect 

on the date of such determination; 

• Increased from such amount by the 

annual percentage increase in the 

Consumer Price Index for Urban Wage 

Earners and Clerical Workers (CPI–W) 

(United States city average, all items, 

not seasonally adjusted), or its successor 

publication, as determined by the 

Bureau of Labor Statistics (BLS); and 

• Rounded to the nearest multiple of 

$0.05. 

Section 2(b) of Executive Order 13658 

further provides that, in calculating the 

annual percentage increase in the CPI– 

W for purposes of determining the new 

minimum wage rate, the Secretary shall 

compare such CPI–W for the most 

recent month, quarter, or year available 

(as selected by the Secretary prior to the 

first year for which a minimum wage is 

in effect) with the CPI–W for the same 

month in the preceding year, the same 

quarter in the preceding year, or the 

preceding year, respectively. See 79 FR 

9851. To calculate the annual 

percentage increase in the CPI–W, the 

Department elected in its Final Rule 

implementing the Executive Order to 

compare such CPI–W for the most 

recent year available with the CPI–W for