Petition for Modification of Application of Existing Mandatory Safety Standards
| Published date | 17 December 2021 |
| Citation | 86 FR 71666 |
| Record Number | 2021-27347 |
| Section | Notices |
| Court | Labor Department,Mine Safety And Health Administration |
Federal Register, Volume 86 Issue 240 (Friday, December 17, 2021)
[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Pages 71666-71670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27347]
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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.
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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 January 18, 2022.
ADDRESSES: You may submit your comments including the docket number of
the petition by any of the following methods:
1. Electronic Mail: [email protected]. 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: S.
Aromie Noe, Acting 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: S. Aromie Noe, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice), [email protected] (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-2021-034-C.
Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning,
Pennsylvania 16201.
Mine: Knob Creek Mine, MSHA ID No. 36-09394, 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; plugging or re-plugging oil or gas wells to the surface;
plugging or replugging oil or gas wells for use as degasification
boreholes; preparing and plugging or re-plugging oil or gas wells; and
mining through a plugged or re-plugged well.
The petitioner states that:
(a) The Knob Creek Mine is opened into the Upper Kittanning Coal
seam through three drifts. Coal is produced on one underground section
using a continuous mining machine and a continuous haulage system. The
mine normally operates one production shift per day, 5 to 6 days per
week, and produces an average of 452 tons of raw coal per day. The mine
employs 20 persons underground and 3 on the surface.
(b) The Knob Creek 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 typically extends a
distance of 600 feet, depending on permit boundaries, projections, and
conditions.
[[Page 71667]]
(c) The Knob Creek Mine Permit contains: Oil or gas wells that have
been depleted of oil or gas production; producing wells; oil or gas
wells that have not produced oil or gas and may have been plugged; and
coal bed methane wells (CBM). Wells drilled into potential oil or gas
producing formations that did not produce commercial quantities of
either gas or oil (e.g., exploratory wells, wildcat wells, or dry
holes) are classified as oil or gas wells by MSHA. These wells would
alter the mining projections for the life of the mine and not allow 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 presence of
the 30 CFR 75.1700 barrier would also limit the safest and most
efficient use of in-seam CBM wells.
The petitioner proposes the following alternative method:
(a) District Manager's approval is required.
(1) The type of oil or gas well 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 Knob Creek Mine
Permit or are 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
(including but not limited to: Active, inactive, abandoned, shut-in,
and previously plugged wells; water injection wells; and carbon dioxide
sequestration wells) until the District Manager has given approval to
proceed with mining.
(3) Prior to mining within the safety barrier of 300 feet in
diameter around any well the mine plans to intersect, the petitioner
shall provide the District Manager with 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
this Decision and Order.
(4) If well intersection is not planned, the mine petitioner may
request a permit to reduce the 300 foot diameter of the safety barrier
that does not include intersection of the well. The petitioner will
provide any documentation that the District Manager may require to 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 and provides approval, the petitioner
may then mine within the safety barrier of the well.
(5) The affidavit or declaration must be accompanied by all logs
described in (b)(8) and (b)(9) and any other records which the District
Manager may request; the District Manager also may inspect the well.
(6) The District Manager will determine if the petitioner has
complied. If the District Manager determines that the procedures for
cleaning out, preparing, and plugging each well have been properly
performed, the District Manager may approve the petitioner to mine
within the safety barrier of the well, subject to the terms and
conditions of the Decision and Order.
(7) The terms and conditions of the Decision and Order will apply
to all types of underground coal mining by petitioner at this mine.
(b) The petitioner proposes to use the following mandatory
procedures for cleaning out and preparing oil and gas wells prior to
plugging or re-plugging.
(1) The petitioner shall test for gas emissions inside the hole.
The District Manager shall be contacted if gas emissions are present.
(2) A diligent effort shall be made to clean the well to the
original total depth. The petitioner shall contact the District Manager
prior to stopping the pulling of casing or the cleaning 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 petitioner 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) If the total depth of the well is 4,000 feet or greater, the
petitioner shall completely clean out the well from the surface to at
least 400 feet below the base of the lowest mineable coal seam. The
petitioner shall remove all material from the entire diameter of the
well, wall to wall.
(5) The petitioner shall provide the District Manager with all
information it possesses concerning the geological nature of the strata
and the pressure of the well.
(6) If the total depth of the well is unknown and there is no
historical information, the petitioner shall contact the District
Manager before proceeding.
(7) Down-hole logs shall be prepared 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, 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 section (b), a
diligent effort shall be made 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). Casing may be cut, milled, perforated, or ripped at all mineable
coal seam levels to facilitate the removal of casing remaining in the
coal seam, with 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
petitioner shall take appropriate steps to ensure that the annuli
between the casing and the well walls are filled with expanding cement
(minimum 0.5 percent expansion upon setting) and contain no voids.
(10) If it is not possible to remove all of the casing, the
petitioner shall notify the District Manager before any other work is
performed. If the well cannot be cleaned out or the casing removed, the
petitioner shall prepare the well as described in this petition 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,
[[Page 71668]]
unless the District Manager requires cleaning out and removal of casing
to a greater depth.
(11) If the petitioner, 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 petitioner may 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 previously indicated. If needed, an acceptable
casing bond log for each casing and tubing string shall be used in lieu
of ripping or perforating multiple strings.
(12) If the District Manager determines that the completely
cleaned-out well is emitting excessive amounts of gas, the petitioner
shall place a mechanical bridge plug in the well. The mechanical bridge
plug shall 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. The petitioner 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
petitioner shall document what has been done to ``kill the well'' and
plug the hydrocarbon-producing strata.
(13) If the upper-most hydrocarbon-producing stratum is within 300
feet of the base of the lowest minable coal seam, the petitioner shall
properly place mechanical bridge plugs as described in (b)(11) to
isolate the hydrocarbon-producing stratum from the expanding cement
plug. The petitioner 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 section (b):
(1) Expanding cement slurry shall be pumped down the well to form a
plug which runs from the surface to 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. 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 the surface to 100 feet above the top of the
uppermost mineable coal seam, or higher if required by the District
Manager.
(2) Steel turnings or other small magnetic particles shall be
embedded in the top of the cement near the surface to serve as a
permanent magnetic monument of the well. In the alternative, a 4-inch
or larger diameter casing, set in cement, shall extend at least 36
inches above the ground level with the American Petroleum Institute
(API) well number engraved or welded on the casing. When the hole
cannot be marked with a physical monument (e.g., prime farmland), high-
resolution GPS coordinates (one-half meter resolution) shall be
recorded.
(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 section (b), the following procedures shall be followed:
(1) The petitioner 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 petitioner shall securely grout a suitable casing into the
bedrock of the upper portion of the degasification well to protect it.
The remainder of this well may be cased or uncased.
(3) As required by the District Manager in the approved ventilation
plan, the petitioner shall fit the top of the degasification casing
with a wellhead that may be equipped with 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 petitioner shall plug all
degasification wells using the following procedures:
(i) A tube shall be inserted 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) A cement plug shall be set in the well by pumping Portland
cement or lightweight cement mixture down the tubing until the well is
filled to the surface.
(iii) Steel turnings or other small magnetic particles shall be
embedded 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) If the District Manager agrees with the petitioner's
determination that certain wells cannot be completely cleaned out due
to damage to the well caused by subsidence, caving, or other factors,
the petitioner proposes to use the following procedures for preparing
and plugging or re-plugging such oil or gas wells.
(1) A hole shall be drilled 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) A geophysical sensing device shall be used to locate any casing
which may remain in the well.
(3) If the well contains casing(s), the petitioner shall drill into
the well from the parallel hole. From 10 feet below the coal seam to 10
feet above the coal seam, the petitioner shall perforate or rip all
casings at least every 5 feet. Beyond this distance, the petitioner
shall perforate or rip all casings 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 annuli between the casings and the well wall shall be
filled with expanding cement (minimum 0.5 percent expansion upon
setting) and the petitioner shall ensure that these areas contain no
voids. If the petitioner, 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 petitioner may 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
[[Page 71669]]
be ripped or perforated and filled with expanding cement as previously
indicated. If needed, an acceptable casing bond log for each casing and
tubing string shall be used in lieu of ripping or perforating multiple
strings.
(4) If the District Manager agrees with the petitioner's
determination that there is insufficient casing in the well to allow
the method outlined in (e)(3) to be used, the petitioner 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 petitioner shall
fracture in at least six places at intervals to be agreed upon by the
petitioner and the District Manager. Expanding cement shall be pumped
into the fractured well to fill all intercepted voids.
(5) Down-hole logs shall be prepared 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 petitioner
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 well has been plugged as described in (e)(3) and/or
(e)(4), the petitioner shall plug the adjacent hole, from the bottom to
the surface, with Portland cement or a lightweight cement mixture.
Steel turnings or other small magnetic particles shall be embedded 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. 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 petitioner shall discuss the nature of
each hole with the District Manager. The District Manager may require
that more than one method be utilized. The petitioner 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 procedures when
mining within a 100-foot diameter barrier around a well.
(1) A representative of the petitioner, 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
petitioner 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 petitioner shall intersect a well on a shift approved by
the District Manager. The petitioner shall give sufficient notice of
planned intersection to the District Manager and the miners'
representative to arrange for the presence of representatives.
(3) When using continuous mining methods, the petitioner 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 petitioner 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 petitioner 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 petitioner 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 petitioner
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 petitioner 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 petitioner shall perform tests
for methane with a handheld methane detector at least every 10 minutes
from the time that the continuous mining machine is mining 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 petitioner's most current approved
ventilation plan will be followed at all times unless the District
Manager determines a greater air velocity is necessary during the
intersection.
(9) When using continuous or conventional mining methods, the work
area 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 petitioner 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 at a
sufficient distance to permit adequate ventilation around the well.
(11) If the casing is cut or milled at the coal seam level, torches
should generally not be used. 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 percent are present in all areas that will be exposed to flames and
sparks from the torch. The petitioner 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 shall be located on the working
section and
[[Page 71670]]
shall be used exclusively to expose and examine cased wells.
(13) Only persons engaged in the well intersection shall be
permitted in the area of the well.
(14) The petitioner shall alert all personnel in the mine of 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 petitioner 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 terms and conditions of the Decision and Order shall not
impair the authority of representatives of MSHA to interrupt or halt
the well intersection and issue a withdrawal order should 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 an oral or written order to that effect, to a
representative of the petitioner. Operations in the affected area of
the mine may not resume until MSHA permits resumption. The petitioner
and miners shall immediately comply with oral or written MSHA orders.
(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 standards required by MSHA regulations and State agencies
having jurisdiction over the plugging site shall be followed to ensure
the protection of the miners involved in the process.
(21) All miners involved in the plugging or re-plugging operations
shall be trained on the terms and conditions of the Decision and Order
prior to starting the process, and a copy of the Decision and Order
shall be posted at the well site until the plugging or re-plugging has
been completed.
(22) Mechanical bridge plugs shall incorporate the best available
technologies that are either required or recognized by the appropriate
State agency and/or oil and gas industry.
(23) Within 30 days after the Decision and Order becomes final, the
petitioner 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 petitioner
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, shall responsible for well intersection
emergencies. The well intersection procedures shall be reviewed by the
responsible person prior to any planned intersection.
(25) Within 30 days after the Decision and Order becomes final, the
petitioner shall submit proposed revisions for its approved mine
emergency evacuation and firefighting program of instruction required
under 30 CFR 75.1502. The petitioner will revise the program of
instruction to include the hazards and evacuation procedures to be used
for well intersections. All underground miners shall be trained on 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 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. 2021-27347 Filed 12-16-21; 8:45 am]
BILLING CODE 4520-43-P
