[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Notices]
[Pages 54802-54806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22489]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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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 submitted to the Mine Safety and Health
Administration (MSHA) by the parties listed below to modify the
application of existing mandatory safety standards codified in Title 30
of the Code of Federal Regulations.
DATES: All comments on the petitions must be received by the Office of
Standards, Regulations and Variances on or before October 3, 2011.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, 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: MSHA, Office of Standards, Regulations and
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939, Attention: Roslyn B. Fontaine, Acting Director, Office of
Standards, Regulations and Variances.
[[Page 54803]]
4. Hand-Delivery or Courier: MSHA, Office of Standards, Regulations
and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia
22209-3939, Attention: Roslyn B. Fontaine, 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. Individuals
who submit comments by hand-delivery are required to check in at the
receptionist's 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),
[email protected] (E-mail), or 202-693-9441 (Facsimile). [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 Numbers: M-2011-024-C, M-2011-025-C, and M-2011-026-C.
Petitioner: Amfire Mining Company, LLC, One Energy Place, Latrobe,
Pennsylvania 15650. .
Mines: Ondo Mine, MSHA Mine I.D. No. 36-09005, located in Indiana
County, Pennsylvania; Dora 8 Mine, MSHA I.D. No. 36-08704, located in
Jefferson County, Pennsylvania; and Madison Mine, MSHA I.D. No. 36-
09127, located in Cambria County, Pennsylvania.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance) and 30 CFR 18.35(a)(5)(i) (Portable (trailing)
cables and cords).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of extended trailing cables on the
Mobile Bridge Conveyors, Dual Boom Roof Bolters, Continuous Miners, and
Shuttle Cars. The petitioner states that these petitions will apply to:
(1) Trailing cables that supply 995-Volt 3-Phase AC Current to
Continuous Miners and Mobile Bridge Conveyors. Cable will have a 90
degree insulation rating; and (2) trailing cables that supply 480-Volt
3-Phase AC Current to Roof Bolters and Shuttle Cars. Additionally, the
petitioner states that: (1) Extended length Trailing Cables used on
Shuttle Cars and Roof Bolters will be 3-Conductor Round Cable, Type G-
GC, Type G or Type G & GC. When a Type G-GC or Type G & GC Round Cable
is used with wireless ground wire monitoring, the Ground Check
Conductor will be connected as a Ground Conductor; (2) the maximum
cable length of the Miner, Mobile Bridge Conveyors, Roof Bolters and
Shuttle Cars will not exceed 1,000 feet. The trailing cable for the
Miner will not be smaller than 2/0 American Wire Gauge (AWG).
The trailing cable for the Roof Bolter and Shuttle Car will not be
smaller than a 4 AWG, and the trailing cable for the Haulage
unit will not be smaller than 2 AWG; (3) all circuit breakers
used to protect the 4 AWG trailing cables exceeding the 600
feet in length will have Instantaneous Trip Units calibrated to trip at
500 amperes (Amps). The trip settings of these breakers will either be
sealed or the breaker trip units will not be larger than 500 Amps.
These circuit breakers will have permanent legible labels attached. The
label will identify the circuit breaker as being suitable for
protecting 4 AWG cables; (4) replacement breakers and/or
Instantaneous Trip Units used to protect 4 AWG Cables will be
calibrated to trip at 500 Amps and this setting will be sealed or Trip
Units will not be larger than 500 Amps; (5) all circuit breakers used
to protect 2 AWG cables exceeding 700 feet in length will have
instantaneous trip units calibrated to trip at 800 Amps. The trip
settings of these circuit breakers will be sealed and these circuit
breakers will have permanent legible labels. The label will identify
the circuit breaker as being suitable for protecting 2 AWG
cables; (6) replacement circuit breakers and/or instantaneous trip
units used to protect 2 AWG trailing cables will be calibrated
to trip at 800 Amps and this setting will be sealed; (7) all circuit
breakers used to protect 2/0 AWG trailing cables exceeding 850
feet in length will have instantaneous trip units calibrated to trip at
1500 Amps. The trip setting of these circuit breakers will be sealed or
the maximum available setting on the trip units will not be greater
than 1500 Amps. These circuit breakers will have permanent legible
labels. The label will identify the circuit breaker as being suitable
for protecting 2/0 AWG cables; (8) replacement breakers and/or
instantaneous trip units used to protect 2/0 AWG trailing
cables will be calibrated to trip at 1500 Amps and this setting will be
sealed or the maximum size of the trip unit will be 1500 Amps; (9) all
components that provide short circuit protection will have a sufficient
interruption rating in accordance with the maximum calculated fault
currents available; (10) during each production day, persons designated
by the operator will visually examine the trailing cables to ensure the
cables are in safe operating condition and that the instantaneous
settings of the specially calibrated breakers do not have seals removed
or tampered with and they do not exceed 500, 800 or 1500 Amps
respectively; (11) any trailing cable that is not in a safe operating
condition will be removed from service immediately and repaired or
replaced; (12) each splice or repair in the trailing cables to the
Miner, Mobile Bridge Conveyor, Roof Bolter or Shuttle Car will be made
in a workmanlike manner and in accordance with the instructions of the
manufacturer of the splice or repair materials. The splice or repair
will comply with 30 CFR 75.603 and 75.604; (13) permanent warning
labels will be installed and maintained on the cover or covers of the
power center identifying the location of each sealed short circuit
protective drive. These labels will warn miners not to change or alter
these sealed short circuit settings; (14) in the event the mining
methods or operating procedures cause or contribute to the damage of
any trailing cable, the cable will be removed from service immediately
and repaired or replaced. Additional precautions will be taken to
ensure that haulage roads and trailing cable storage areas are situated
to minimize contact of the trailing cable with the Continuous Miner,
Mobile Bridge Conveyor, Shuttles Cars and Roof Bolters. Trailing
cables, anchors or cable reel equipment will be of the permanent type
that minimizes the tensile forces on the trailing cables; (15) where
the method of mining would require that trailing cables cross roadways
or haulage ways, the cables will be securely supported from the mine
roof or a substantial bridge for equipment to pass over the cables will
be provided and used; (16) excess cable will be
[[Page 54804]]
stored behind the anchor or anchors on equipment that use cable reels
to prevent the cables from overheating; (17) this change will not be
implemented until this petition for modification is approved and all
miners who will be responsible for examining the cables and associated
electrical components have been trained on the contents and precautions
included in the petition; and (18) proposed revisions for the approved
Part 48 training plan will specify task training and will be submitted
to the District Manager for the areas for which the mines are located.
The training will include: (a) The hazards of setting the short circuit
interrupting device or devices too high to adequately protect the
trailing cables; (b) how to verify that the circuit interrupting
devices protecting the trailing cables are properly set and maintained;
(c) mining methods and operating procedures that will protect the
trailing cables from damage; (d) how to protect the trailing cables
against damage caused by overheating cables due to excessive cable
stored on reels and adjusting stored cable behind cable anchors as
tramming distances change; and (e) proper procedures for examining the
trailing cable to ensure the cables are in safe operating condition by
a visual inspection of the entire cable, observing the insulation, the
integrity of splices, and nicks and abrasions. The petitioner further
states that if regulations are subsequently promulgated that supersede
the requirements of 30 CFR 75.503 and 18.35(a)(5)(i), the revised
standard will be applied at the mine unless it is determined by the
Secretary or his representative that the alternative method contained
in the petition will at all times guarantee no less than the same
measure of protection afforded the subsequent revised standard. The
petitioner asserts that the proposed alternative method will provide
for a level of safety equal to or greater than the statute in place.
Docket Number: M-2011-027-C.
Petitioner: Midland Trail Energy, LLC, 3301 Point Lick Drive,
Charleston, West Virginia 25306.
Mine: Blue Creek No. 1 Deep Mine, MSHA Mine I.D. No. 46-09297,
located in Kanawha 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 plug and subsequently encroach within the 300-foot
safety barrier, as dictated in the statute, up to and including mining
through the gas and/or oil well. The petitioner proposes to use the
following procedures for plugging oil and gas wells: (1) A safety
barrier of 300 feet in diameter (150 feet in radius from the center of
the well casing on the surface) will be maintained around all oil and
gas wells until written approval to proceed within this barrier has
been obtained from the District Manager (DM). The petitioner will make
clear in each application to mine within the safety barrier whether the
well has been plugged or not as well as whether or not the mining
process intends to intercept the well. This plugging process will be
utilized when encroachment on a well is greater than would normally be
approved by the DM. (2) A diligent effort will be made to clean the
wellbore to the original total depth. If this depth cannot be reached,
the borehole will be cleaned out to a depth that would permit the
placement of at least 200 feet of expanding cement below the base of
the lowest mineable coal bed. A mineable coal bed is defined as having
a thickness of at least 24 inches of coal. During the clean out
process, a diligent effort will be made to remove as much extraneous
material such as sediment, rust, trash, and hydrocarbon residue as
practical. With respect to the outer walls of the wellbore, directing
high pressure water jets at such will satisfy this requirement. (3)
When cleaning out the borehole, a diligent effort will be made to
remove all casing within the borehole. If it is not possible to remove
all casing, the remaining casing will be perforated or ripped in such a
manner and at such intervals as to permit expanding cement slurry to
infiltrate the annulus between the casing and the wellbore wall for a
distance of at least 200 feet below the base of the lowest mineable
coal seam. From 10 feet below to 10 feet above the lowest mineable coal
seam, any casing that remains in the borehole will be continuously
perforated or ripped. A continuous perforation will be defined as a
minimum of 4 shots at intervals no greater than 12 inches apart.
Excluding the zone within the proximity of the lowest mineable coal
seam, any casing that remains will be perforated or ripped at intervals
not to exceed 50 feet from at least 200 feet below the lowest mineable
coal seam to not less than 100 feet above the highest coal seam or the
surface, whichever is less. When remaining casing is perforated, a
minimum of 4 shots will be detonated at each location. Where ripping is
performed, a minimum of one 3-foot long rip will be made at each
location. As an alternative, a casing bonding log may be performed to
demonstrate that all annuli are adequately sealed with cement to a
depth of at least 200 feet below the lowest mineable coal seam. If the
casing bonding log does not continue to the original total depth of the
wellbore, the casing will be continuously perforated for a distance of
at least 20 feet beginning at the deepest point of the casing bonding
log and continuing towards the surface. Wherein multiple casing and
tubing strings exist within a wellbore, each string will be perforated
or ripped or, as an alternative, have an acceptable casing bonding log
performed demonstrating each annulus within the borehole has been
adequately sealed with cement. (4) A suite of logs, including
geophysical, caliper, and directional deviation survey, will be
performed on the borehole to a depth not less than was attainable
during the cleanout process. These logs will be suitable for
determining the top and bottom elevations of mineable coal seams as
well as potential hydrocarbon producing stratum. These logs may be
completed before or after the removal of the casing based on the
condition of the wellbore prior to the removal of the casing and the
anticipated condition of the wellbore after removal provided the
geophysical instrumentation used can accurately detect the
aforementioned stratum through the casing. The information gained from
these logs will be used to determine the location for placement of the
mechanical bridge plug or its alternative. (5) Pursuant to the cleanout
of the well, a mechanical bridge plug will be installed in the borehole
at a depth of not less than 200 feet below the base of the lowest
mineable coal seam. The plug will be set in competent stratum and above
the top of the uppermost hydrocarbon-producing stratum. Wherein casing
remains in the well, the plug will be installed in a section of
competent casing that has not been perforated or ripped. If it is not
possible to set a mechanical bridge plug, a packer or substantial brush
plug may be used in place of the mechanical bridge plug. (6) If the top
of the uppermost hydrocarbon-producing stratum is within 200 feet of
the base of the lowest mineable coal seam, an initial mechanical bridge
plug or alternative will be placed at a depth of no less than 200 feet
below the base of the lowest mineable coal seam. The borehole will then
be filled with an expanding cement plug to the top of the uppermost
hydrocarbon-producing stratum wherein a second mechanical bridge plug
or alternative will be installed. The remaining portion of the borehole
from the top of the second mechanical bridge plug to the base of the
lowest mineable
[[Page 54805]]
coal seam will then be filled with expanding cement. No less than 200
feet of expanding cement will be placed in the borehole below the
lowest mineable coal seam. (7) The wellbore will be completely filled
and circulated with a gel that inhibits the flow of gas, supports the
walls of the borehole, and increases the density of the expanding
cement. This gel will be pumped through tubing that extends to within
20 feet above the bottom of the cleaned out area of the bridge plug.
(8) An expanding cement plug will be set in the wellbore by pumping
expanding cement slurry down the tubing such that it displaces the gel
towards the surface. This expanding cement plug will extend from a
minimum of 200 feet below the lowest mineable coal seam to at least 100
feet above the lowest mineable coal seam. From 100 feet above the
lowest mineable coal seam to the surface, the borehole may be filled
with either expanding cement slurry, Portland cement, or a Portland
cement-fly ash mixture. When Portland cement or a Portland cement-fly
ash mixture is substituted for the portion of the borehole between 100
feet above the lowest mineable coal seam and the surface, the expanding
cement plug will be allowed to cure for at least 24 hours prior to
placement of the alternative above it to the surface. (9) Upon plugging
the well to the surface, a small quantity of steel turnings or other
magnetic particles will be embedded in the cement to serve as a
permanent magnetic monument. Other identification methods may be used
provided that relocation of the well by magnetic methods is not
compromised. (10) A diligent effort will be made to provide at least 14
days written notice to the DM, the appropriate State agency, and where
applicable, the miners' representative, of the petitioner's intent to
mine within the safety barrier at a distance less than would normally
be approved by the DM under the existing standard or to mine through a
plugged well. When events happen that may affect the mining process, a
minimum of 48 hours of written notice will be provided by the
petitioner so that each party will have the opportunity to have a
representative present. (11) A representative of the operator, a
representative of the miners (where applicable), the appropriate State
agency, or the DM or designee may request that a conference be
conducted prior to mining through any plugged well. (12) Mining through
a plugged well will be done on a shift approved by the DM or designee.
(13) Drivage sights or ``spads'' will be installed no greater than 50
feet from the projected intersection of the well. The section foreman
and continuous miner operator will be provided a map at a scale no
greater than 1 inch = 50 feet indicating the proximity of the well at
the coal seam elevation with respect to the projected workings. (14) A
continuous centerline will be painted on the mine roof extending from
the drivage sights to the face prior to mining within 50 feet of a
plugged well. This centerline will be maintained in all entries and
crosscuts within 50 feet of the well until the well has been
intersected or mining is no longer occurring within 50 feet of the
plugged well, whichever comes first. (15) Prior to mining within 50
feet of a plugged well, the active section will be thoroughly rock-
dusted such that at least 80 percent incombustible material is
achieved. This will be maintained within 20 feet of the active face and
reestablished after each cut has been taken until the well has been
intercepted or mining is no longer occurring within 50 feet of the
well. The active working place will be kept free from accumulations of
coal dust and coal spillage until mining within this zone has been
completed or the well has been mined through. (16) A minimum of two 20-
pound fire extinguishers and 240 pounds of rock dust will be maintained
in the area of mining when mining within 50 feet of a plugged well. An
independent fire hose sufficient in length to reach the working face
will be maintained in the last open crosscut or room. All fire hoses
will be connected to a water supply and fully charged and ready for
operation. (17) Sufficient supplies of roof support and ventilation
materials will be available and located in the last open crosscut or
room. At least two emergency plugs and two 100-ton or greater roof
jacks conforming to the seam height will be made available in the
immediate area of mining. (18) When mining within 50 feet of a plugged
well and during the mine-through of a well, at least 9,000 cubic feet
of air per minute or as required by the approved mine ventilation plan,
whichever is greater, will be delivered to the working place. (19) All
equipment operated within 50 feet of a plugged well, including mining
through a well, will be checked for permissibility and serviced on the
shift prior to operating within the 50-foot zone. Methane detectors on
continuous mining machines operating within the 50-foot radius of a
plugged well will be calibrated on the shift prior to operating in this
zone. (20) When mining within 50 feet of a well, tests for methane will
be made at least every 10 minutes while continuous mining and roof
bolting activities are being conducted. These tests for methane will be
made prior to the start of any continuous mining or roof bolting
activity within this zone until the mine-through is complete or
continuous mining and/or roof bolting activity is being performed
greater than 50 feet from the well. (21) When the wellbore has been
intercepted, all equipment in the working place will be deenergized and
the place thoroughly examined and determined safe before mining is
resumed. If it is determined that the working place is safe and casing
is present, equipment will be reenergized so that the working face can
be squared up sufficient to facilitate bolting of the roof as close as
possible to the wellbore without disturbing the casing. Subsequent to
roof bolting, temporary brattice will be installed so that sufficient
airflow is moving across the casing. All well casing in the mined
cavity will be removed and no open flame will be permitted in the
working place until the temporary brattice and sufficient ventilation
have been established. (22) After the borehole has been intercepted,
the working area has been determined safe, and, where applicable,
casing has been removed, mining may continue inby the well at a
distance sufficient to permit adequate ventilation around the area of
the wellbore. (23) When mining within 50 feet of a plugged well or
during a mine-through, no persons except those actively engaged in the
operation, company personnel, representatives of the miners (where
applicable), MSHA personnel, and personnel from the appropriate State
agency will be permitted in the active mining area. (24) All operations
conducted within 50 feet of a plugged well, including the mine-through
process itself, will be conducted under the supervision of a certified
official. Instructions issued during mining operations in this zone
will be issued only by the certified official. (25) A plugging
affidavit will be filed with MSHA and where applicable, the appropriate
State agency. The affidavit will detail the persons who participated in
the plugging of the well, a description of the plugging work including
the methods and materials used, and a certification by a Professional
Engineer that the well has been plugged. The petitioner further states
that within 60 days of this plan being approved, proposed revisions to
its Part 48 training plan will be submitted to the DM. The proposed
revisions will detail initial and annual refresher training regarding
the details of this plan. In addition, the petitioner
[[Page 54806]]
asserts that the proposed alternative method will provide no less than
the degree of safety than would be afforded the miners under the
existing standard.
Dated: August 29, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011-22489 Filed 9-1-11; 8:45 am]
BILLING CODE 4510-43-P