[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Notices]
[Pages 23746-23748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11674]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice of petitions for modification of existing mandatory 
safety standards.

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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and 30 CFR part 44 govern the application, processing, and 
disposition of petitions for modification. This notice is a summary of 
petitions for modification filed by the parties listed below to modify 
the application of existing mandatory safety standards published in 
Title 30 of the Code of Federal Regulations.

[[Page 23747]]


DATES: All comments on the petitions must be received by the Office of 
Standards, Regulations and Variances on or before June 19, 2009.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: <a href="/cdn-cgi/l/email-protection#beedcadfd0dadfccdacd93eedbcad7cad7d1d0cdfedad1d290d9d1c8"><span class="__cf_email__" data-cfemail="c291b6a3aca6a3b0a6b1ef92a7b6abb6abadacb182a6adaeeca5adb4">[email protected]</span></a>.
    2. Facsimile: 1-202-693-9441.
    3. Regular Mail: MSHA, Office of Standards, Regulations and 
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209, 
Attention: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances.
    4. Hand-Delivery or Courier: MSHA, Office of Standards, Regulations 
and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 
22209, Attention: Patricia W. Silvey, 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. Individuals 
who submit comments by hand-delivery are required to check in at the 
receptionist desk on the 21st floor.
    Individuals may inspect copies of the petitions and comments during 
normal business hours at the address listed above.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations and Variances at 202-693-9447 (Voice), 
<a href="/cdn-cgi/l/email-protection#62000310100d0c4c0003100003100322060d0e4c050d14"><span class="__cf_email__" data-cfemail="1674776464797838747764747764775672797a38717960">[email protected]</span></a> (E-mail), or 202-693-9441 (Telefax). [These are 
not toll-free numbers].

SUPPLEMENTARY INFORMATION: 

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 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) 
that the application of such standard to such mine will result in a 
diminution of safety to the miners in such mine. In addition, the 
regulations at 30 CFR 44.10 and 44.11 establish the requirements and 
procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2009-004-C.
    Petitioner: Cumberland Coal Resources, LP, Three Gateway Center, 
401 Liberty Avenue, Suite 1340, Pittsburgh, Pennsylvania.
    Mine: Cumberland Mine, MSHA I.D. No. 36-05018, located in Greene 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance for the 
standard with respect to vertical degasification wells with horizontal 
laterals into the underground coal seam. The petitioner proposes to 
mine through vertically drilled degasification boreholes with 
horizontal laterals using the following plugging procedures: (1) The 
borehole will be filled with flexible gel prior to the anticipated mine 
through and may use alternative grouting methods including cementatious 
or polyurethane grout; (2) a packer will be installed at a location in 
the lateral to ensure that an appropriate amount of the lateral is 
filled with gel; (3) any water present in the hole will be tested for 
chlorides prior to the time of gelling and the gel quality will be 
adjusted to compensate for the chloride concentration; and (4) a 
triplex piston pump will be used to pump 1.75 times the calculated hole 
volume of gel underground until the volume of gel is depleted and 100-
140 psi pressure is realized, or until gel leakage is observed along 
the ribs underground. The petitioner also proposes to use the following 
procedures for mining through plugged degasification boreholes: (1) 
Prior to mining within 300 feet of the borehole or lateral MSHA and the 
Bureau of Deep Mine Safety, and a representative of the miners will be 
notified both verbally and through a letter accompanied by a drawing of 
the borehole location and copy of a certification that plugging has 
occurred; (2) prior to mining through, the District Mine Inspector from 
the Bureau of Deep Mine Safety, the MSHA District Manager, and a 
representative of the United Mine Workers of America will be notified 
in sufficient time to have a representative present during the mining 
through operation; and (3) inform all personnel working underground at 
the beginning of the shift in which a borehole or lateral will be mined 
through to inform them of the cut through and communication procedure 
to be used. Persons may review a complete description of the 
petitioner's procedures for plugging and mining through oil and gas 
wells at the MSHA address listed in this notice. The petitioner asserts 
that the proposed alternative method would at all times guarantee no 
less than the same measure of protection afforded the miners under the 
existing standard.
    Docket Number: M-2009-005-C.
    Petitioner: Pinnacle Mining Company, LLC, P.O. Box 338, Pineville, 
West Virginia 24874-0338.
    Mine: Pinnacle Mine, MSHA I.D. No. 46-01816, located in Wyoming 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit mining through Surface Drilled Coalbed 
Methane Wells with Horizontal Branches in Coal Seams. The petitioner 
proposes to continue mining through the vertical boreholes and 
horizontal legs and branches of Coalbed Methane Wells that penetrate 
the coalbed being mined. The petitioner states that the following 
method(s) will be used to protect the miners in the mine against 
hazards from the wells while mining through Surface Drilled Coalbed 
Methane Wells with Horizontal Branches in Coal Seams: Intact Surface 
Articulated Horizontal Borehole (SAHB) Mine plans Option 1: (1) The 
SAHB will be infused with water prior to the underground mining 
operations breaching the SAHB; (2) legs that are opened after mining 
through may have an effective plug installed into the coal rib to 
prevent an influx of methane into the mined area. An effective plug is 
any material that impedes the flow of methane and water. Typically, a 
hydraulic packer is used to plug the hole but cement or grout may be 
substituted; and (3) the holes may be filled with water after other 
legs are breached. The petitioner states that typically, open legs are 
breached several times during development mining, which allows the 
segmented hole to be ventilated or filled with water, and when the 
trunk line of a SAHB has not been severed, a negative pressure surface 
pump connected to the SAHB may be used to ventilate the hole. Option 2: 
(1) The SAHB will be infused with water prior to the underground mining 
operations breaching the SAHB; (2) a low strength grout mixture will be 
injected into the SAHB from the surface after infusion; (3) if the SAHB 
is located such that it may be used as a gob well for longwall panel, 
the amount of grout mixture injected will be limited to filling a void 
in the coal seam, or the SAHB will be filled with grout to at least 
fifty feet above the upper most underground mineable coal seam. The 
petitioner also states that the following method(s) will be used to 
protect the miners in the mine against hazards from the wells while 
mining through Surface

[[Page 23748]]

Drilled Coalbed Methane Wells with Horizontal Branches in Coal Seams: 
Breached Surface Articulated Horizontal Borehole (SAHB) Mine Through 
Plan: (1) Breached SAHB's will be ventilated in accordance with all 
State and Federal regulations; (2) legs that are open after mining 
through may have an effective plug installed into the coal rib to 
prevent an excess of methane into the mined area. An effective plug is 
any material that impedes the flow of methane and water. Typically, a 
hydraulic packer is used to plug the hole but cement or grout may be 
substituted. The hole is plugged when typical face ventilation will not 
suffice and the potential for methane accumulation exists, usually 
occurring immediately after cut through; (3) typically, open legs are 
breached several times during development mining, which allows the 
segmented hole to be ventilated and eliminates methane storage 
capacity; (4) should a situation occur where a breached leg continues 
to produce methane and cannot be ventilated, the hole will be water 
infused again. Water infusion will take place underground using mine 
water at standard operating pressure. The hole will remain infused 
until it is determined that it may be safely bled off and ventilated or 
it is breached during secondary mining; and (5) when the trunk line of 
a SAHB has not been severed, a negative pressure surface pump connected 
to the SAHB may be used to ventilate the hole. The petitioner asserts 
that the proposed alternative method will at all times guarantee no 
less than the same measure of protection afforded by the existing 
standard.
    Docket Number: M-2009-006-C.
    Petitioner: Spartan Mining Company, P.O. Box 1120, Holden, West 
Virginia 25625.
    Mine: Road Fork No. 51 Mine, MSHA I.D. No. 46-01544, located in 
Wyoming County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance when: 
(1) Mining within 75 feet of a horizontal wellbore; (2) when initially 
mining through a horizontal wellbore; and (3) when subsequently mining 
through horizontal wellbores, using the specific procedures listed in 
this petition for modification. The petitioner states that; (1) no 
person shall be permitted in the area of the mine-through operation 
except those actually engaged in the operation, company personnel, 
personnel from MSHA, and personnel from the appropriate West Virginia 
agency; (2) the mine-through operation shall be under the direct 
supervision of a certified official; and (3) prior to mining through 
the first lateral wellbore of a coalbed methane well and a well which 
has already had at least one lateral wellbore mined through, Spartan 
will verify that any water that is present will be bailed from the 
vertical section of the wellbore, as close to the coal seam elevation 
as practical, using normal bailing equipment; and (4) the surface 
wellhead will be maintained opened to bring the vertical section of the 
wellbore to outside atmosphere pressure. A complete description of the 
procedures the petitioner will use in implementing its modification can 
be reviewed at the MSHA address listed in this notice. The petitioner 
asserts that the proposed alternative method will at all times 
guarantee no less than the same measure of protection afforded by the 
existing standard.
    Docket Number: M-2009-007-C.
    Petitioner: Black Butte Coal Company, P.O. Box 98, Point of Rocks, 
Wyoming 82942.
    Mine: Black Butte and Leucite Hills Mines, MSHA I.D. No. 48-01180, 
located in Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 77.1304(a) (Blasting agents; special 
provisions).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of commercially recycled petroleum-
based lubrication oil that is commercially mixed with unused No. 2 fuel 
oil to create a blasting agent. The petitioner states that the mixed 
oil is purchased in batches of approximately 8,000 to 10,000 gallons 
and is not mixed with ammonium nitrate prill until the Ammonium 
Nitrate-Fuel Oil (ANFO) components are placed in a blasting hole. The 
petitioner asserts that the proposed alternative method would at all 
times guarantee no less than the same measure of protection afforded by 
the existing standard.

Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. E9-11674 Filed 5-19-09; 8:45 am]
BILLING CODE 4510-43-P


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