Notice2023-07252
Petition for Modification of Application of Existing Mandatory Safety Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 6, 2023
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
This notice is a summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the Rosebud Mining Company.
Full Text
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<title>Federal Register, Volume 88 Issue 66 (Thursday, April 6, 2023)</title>
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[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20559-20563]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07252]
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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
Rosebud Mining Company.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before May 8, 2023.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0009 by any of the following methods:
1. Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments for MSHA-2023-0009.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#6c1c091805180503020f0301010902181f2c080300420b031a"><span class="__cf_email__" data-cfemail="c1b1a4b5a8b5a8aeafa2aeacaca4afb5b281a5aeadefa6aeb7">[email protected]</span></a>.
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452.
Attention: S. Aromie Noe, Director, Office of Standards,
Regulations, and Variances. Persons delivering documents are required
to check in at the receptionist's desk in Suite 4E401. Individuals may
inspect copies of the petition and comments during normal business
hours at the address listed above. Before visiting MSHA in person, call
202-693-9455 to make an appointment, in keeping with the Department of
Labor's COVID-19 policy. Special health precautions may be required.
FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
<a href="/cdn-cgi/l/email-protection#49192c3d203d2026273a2f263b24262d202f202a283d202627092d2625672e263f"><span class="__cf_email__" data-cfemail="247441504d504d4b4a57424b56494b404d424d4745504d4b4a64404b480a434b52">[email protected]</span></a> (email), or 202-693-9441 (fax). [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-2023-002-C.
Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning,
Pennsylvania, 16201.
Mine: Cherry Tree Mine, MSHA ID No. 36-09224, located in Clearfield
County, Pennsylvania.
Regulation Affected: 30 CFR 75.1700, Oil and gas wells.
Modification Request: The petitioner requests a modification of 30
CFR 75.1700 as it relates to oil and gas wells at the mine.
Specifically, the petitioner is petitioning to mine within the 300-feet
barrier established by 30 CFR 75.1700.
The petitioner states that:
(a) The mine will use a room and pillar method of mining.
(b) A continuous mining machine with attached haulage develops main
entries. After the mains are established, butts, rooms, and/or panels
are developed off the mains. The length of the rooms, and/or panels can
typically extend 600 feet, depending on permit boundaries, projections,
and conditions.
(c) The permit for the Cherry Tree Mine contains oil or gas wells
that have been depleted of production, producing wells, wells that may
have been plugged not producing oil or gas, and coal bed methane wells.
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 presence of the 300-feet barrier would also limit the safest and
most efficient use of in-seam CBM wells.
(d) Marcellus and Utica wells which may not be mined through are
not contained within the mine permit, and are not subject to this
petition.
(e) Plugging oil and gas wells provides an environmental benefit by
eliminating gas emissions into the atmosphere from gas wells that are
no longer maintained.
The petitioner proposes the following alternative method:
(a) 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 all active, inactive, abandoned, shut-in, previously plugged
wells, water injection wells, and carbon dioxide sequestration wells)
until approval to proceed with mining has been obtained from the
District Manager.
(b) Prior to mining within the 300-feet 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 Proposed Decision and
Order (PDO). The affidavit or declaration shall be accompanied by all
logs described in the PDO and any other records the District Manager
may request. Once approved by the District Manager, the mine operator
may mine within the safety barrier of the well, subject to the terms of
the PDO. If well intersection is not planned, the mine operator may
request a permit to reduce the 300-feet diameter of the safety barrier
that does not include intersection of the well. The District Manager
may require documents and information to help verify the accuracy of
the location of the well in respect to the mine maps and mining
projections, including survey closure data, down-hole well deviation
logs, and historical well intersection location data. If the District
Manager approves, the mine operator may then mine within the safety
barrier of the well. The petitioner proposes the following procedures
for cleaning out and preparing vertical oil and gas wells prior to
plugging or re-plugging:
(1) The mine operator shall test for gas emissions inside the hole
before
[[Page 20560]]
cleaning out, preparing, plugging, and replugging oil and gas wells.
The District Manager shall be contacted if gas is being produced.
(2) A diligent effort shall be made to clean the well to the
original total depth. The mine operator shall contact the District
Manager prior to stopping the operation to pull casing or clean out the
total depth of the well. 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 based on the geological
strata or pressure within the well. 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 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.
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.
(3) The operator shall prepare down-hole logs for each well. Logs
shall consist of a caliper survey, a gamma log, a bond log, and a
deviation survey for determining the top, bottom, and thickness of all
coal seams down to the lowest minable coal seam, potential hydrocarbon
producing strata, and the location of any existing bridge plug. In
addition, a journal shall be maintained describing the depth of each
material encountered; the nature of each material encountered; bit size
and type used to drill each portion of the hole; length and type of
each material used to plug the well; length of casing(s) removed,
perforated or ripped, or left in place; any sections where casing was
cut or milled; and other pertinent information concerning cleaning and
sealing the well. Invoices, work-orders, and other records relating to
all work on the well shall be maintained as part of the logs and
provided to MSHA upon request.
(4) When cleaning out the well as detailed in section (d)(2), 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 shall 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 shall be cut,
milled, or perforated or ripped at all mineable coal seam levels to
facilitate the removal of any remaining casing in the coal seam by the
mining equipment. Any casing which remains shall be perforated or
ripped to permit the injection of cement into voids within and around
the well.
(5) 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 shall take appropriate steps to ensure that the annulus
between the casing and the well walls is filled with expanding (minimum
0.5 percent expansion upon setting) cement and contains no voids. 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 based on the geological strata or
the pressure within the well. 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 shall 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; then it shall be filled with expanding cement as previously
detailed. An acceptable casing bond log for each casing and tubing
string shall be made if this is used in lieu of ripping or perforating
multiple strings.
(6) 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 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 based on the
geological strata or the pressure within the well. The operator shall
provide the District Manager with all information 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 shall be used. The mine operator shall document what has been
done to ``kill the well'' and plug the carbon producing strata.
(7) If the upper-most hydrocarbon-producing 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 section (d)(6)
to isolate the hydrocarbon-producing 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 based on the geological strata or the pressure within
the well.
(e) The petitioner proposes the following procedures for plugging
or re-plugging oil or gas wells to the surface after completely
cleaning out the well as previously specified:
(1) The operator shall pump expanding cement slurry down the well
to form a plug which runs from at least 200 feet (400 feet if the total
well depth is 4,000 feet or greater) below the base of the lowest
mineable coal seam (or lower if required by the District Manager based
on the geological strata or pressure within the well) to the surface.
The expanding cement shall be placed in the well under a pressure of at
least 200 psi. Portland cement or a lightweight cement mixture shall 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 that
a higher distance is required due to the geological strata or the
pressure within the well) to the surface.
(2) The operator shall embed steel turnings or other small magnetic
particles in the top of the cement near the surface to serve as a
permanent magnetic monument of the well. In the alternative, a 4-inch
or larger diameter casing, set in cement, shall extend at least 36
inches above the ground level with the API (American Petroleum
Institute) 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
required.
(f) The petitioner proposes the following procedures for plugging
or re-plugging oil and gas wells for use as degasification wells after
completely
[[Page 20561]]
cleaning out the well as previously specified:
(1) The operator shall set a cement plug in the well by pumping an
expanding cement slurry down the tubing to provide at least 200 feet
(400 feet if the total well depth is 4,000 feet or greater) of
expanding cement below the lowest mineable coal seam, unless the
District Manager requires a greater depth based on the geological
strata or pressure within the well. The expanding cement shall be
placed in the well under a pressure of at least 200 psi. 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 based on the geological strata or pressure within the well.
(2) The operator shall securely grout into the bedrock of the upper
portion of the degasification well a suitable casing to protect it. The
remainder of the 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 shall plug all
degasification wells using the following procedures:
(i) The operator shall insert a tube to the bottom of the well or,
if not possible, to within 100 feet above the coal seam being mined.
Any blockage must be removed to ensure that the tube can be inserted to
this depth.
(ii) The operator shall set a cement plug in the well by pumping
Portland cement or a lightweight cement mixture down the tubing until
the well is filled to the surface.
(iii) The operator shall embed steel turnings or other small
magnetic particles in the top of the cement near the surface to serve
as a permanent magnetic monument of the well. In the alternative, a 4-
inch or larger casing, set in cement, shall extend at least 36 inches
above the ground level with the API well number engraved or welded on
the casing.
(g) The petitioner proposes the following 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 based on the geological
strata or pressure within the well.
(2) The operator shall use a geophysical sensing device to locate
any casing which may remain in the well.
(3) If the well contains casing(s), the operator shall drill into
the well from the parallel hole. From 10 feet below the coal seam to 10
feet above the coal seam, the operator shall perforate or rip all
casings at least every 5 feet. Beyond this distance, the operator shall
perforate or rip at least every 50 feet from at least 200 feet (400
feet if the total well depth is 4,000 feet or greater) below the base
of the lowest mineable coal seam up to 100 feet above the seam being
mined, unless the District Manager requires a greater distance based on
the geological strata or pressure within the well. The operator shall
fill the annulus between the casings and between the casings and the
well wall with expanding (minimum 0.5 percent 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, the operator shall not be required to perforate or
rip the casing for that particular well or fill these areas with
cement. When multiple casing and tubing strings are present in the coal
horizon(s), any casing which remains shall be ripped or perforated and
filled with expanding cement as previously indicated. An acceptable
casing bond log for each casing and tubing string shall be made if this
is 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
previously outlined to be used, then the operator shall use a
horizontal hydraulic fracturing technique to intercept the original
well. From at least 200 feet (400 feet if the total well depth is 4,000
feet or greater) below the base of the lowest mineable coal seam to a
point at least 50 feet above the seam being mined, the operator shall
fracture in at least six places at intervals to be agreed upon by the
operator and the District Manager after considering the geological
strata and the pressure within the well. The operator shall pump
expanding cement into the fractured well in sufficient quantities and
in a manner which fills all intercepted voids.
(5) The operator shall prepare down-hole 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 shall 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 that describes: the depth of each
material encountered; the nature of each material encountered; bit size
and type used to drill each portion of the hole; length and type of
each material used to plug the well; length of casing(s) removed,
perforated or ripped, or left in place; any sections where casing was
cut or milled; and other pertinent information concerning sealing the
well. Invoices, workorders, and other records relating to all work on
the well shall be also maintained as part of this journal and provided
to MSHA upon request.
(7) After the operator has plugged the well, the operator shall
plug the adjacent hole, from the bottom to the surface, with Portland
cement or a lightweight cement mixture. The operator shall embed steel
turnings or other small magnetic particles in the top of the cement
near the surface to serve as a permanent magnetic monument of the well.
In the alternative, a 4-inch or larger casing, set in cement, shall
extend at least 36 inches above the ground level. A combination of the
methods outlined previously 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 including
certification by a registered petroleum engineer to support the
proposed alternative methods to address wells that cannot be completely
cleaned out.
(h) The petitioner proposed the following mandatory procedures when
mining within a 100-feet diameter around a well.
[[Page 20562]]
(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 replugged well. 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 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 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 operator shall
maintain the water line to the belt conveyor tailpiece along with a
sufficient amount of fire hose to reach the farthest point of
penetration on the section.
(5) The operator shall ensure that sufficient supplies of roof
support and ventilation materials shall be available and located at the
last open crosscut. In addition, emergency plugs and suitable sealing
materials shall be available in the immediate area of the well
intersection.
(6) Within 12 hours prior to intersecting the well, the operator
shall test all equipment and check it for permissibility. Water sprays,
water pressures, and water flow rates used for dust and spark
suppression shall be examined and any deficiencies corrected.
(7) The operator shall calibrate the methane monitor(s) on the
longwall, continuous mining machine, or cutting machine and loading
machine within 12 hours prior to intersecting the well.
(8) When mining is in progress, the operator shall perform tests
for methane with a handheld methane detector at least every 10 minutes
from the time that mining with the continuous mining machine is within
30 feet of the well until the well is intersected. During the actual
cutting process, no individual shall be allowed on the return side
until the well intersection has been completed and the area has been
examined and declared safe. The operator's most current approved
ventilation plan shall be followed at all times unless the District
Manager requires a greater air velocity for the intersect.
(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.
(10) 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.
(11) 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.
(12) When necessary, torches shall 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
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.
(13) Non-sparking (brass) tools shall be located on the working
section and shall be used exclusively to expose and examine cased
wells.
(14) No person shall be permitted in the area of the well
intersection except those engaged in the operation, company personnel,
representatives of the miners, personnel from MSHA, or personnel from
the appropriate State agency.
(15) 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.
(16) 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.
(17) 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.
(i) A copy of the PDO shall be maintained at the mine and be
available to the miners.
(1) 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 shall remain subject to the barrier requirements of 30 CFR
75.1700.
(2) All necessary safety precautions and safe practices required by
MSHA regulations and State regulatory agencies with jurisdiction over
the plugging site shall be followed.
(j) All miners involved in the plugging or re-plugging operations
shall be trained on the contents of the PDO prior to starting the
process.
(k) Mechanical bridge plugs should incorporate the best available
technologies required or recognized by the State regulatory agency and/
or oil and gas industry.
(l) Within 30 days after the PDO 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 PDO. The operator shall provide all miners involved in
well intersection with training on the requirements of the PDO prior to
mining within 150 feet of a well intended to be mined through.
(m) The responsible person required under 30 CFR 75.1501 shall be
responsible for well intersection emergencies. The well intersection
procedures shall be reviewed by the responsible person prior to any
planned intersection.
(n) Within 30 days after the PDO 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 shall 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 the revised plan within 30
days of submittal.
(o) The procedure as specified in 30 CFR 48.3 for approval of
proposed
[[Page 20563]]
revisions to already approved training plans shall apply.
(p) In support of the proposed alternative method, the petitioner
also has submitted a General Rip/Milling Diagram of Gas Well Casing.
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,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2023-07252 Filed 4-5-23; 8:45 am]
BILLING CODE 4520-43-P
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