Notice2024-16915

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
August 1, 2024

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 party listed below.

Full Text

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<title>Federal Register, Volume 89 Issue 148 (Thursday, August 1, 2024)</title>
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[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Notices]
[Pages 62796-62800]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16915]


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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 September 3, 
2024.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0015 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-2024-0015.
    2. Fax: 202-693-9441.
    3. Email: <a href="/cdn-cgi/l/email-protection#39495c4d504d5056575a5654545c574d4a795d5655175e564f"><span class="__cf_email__" data-cfemail="8fffeafbe6fbe6e0e1ece0e2e2eae1fbfccfebe0e3a1e8e0f9">[email&#160;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 4th Floor West. 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, Director, Office of 
Standards, Regulations, and Variances at 202-693-9440 (voice), 
<a href="/cdn-cgi/l/email-protection#560633223f223f3938253039243b39323f303f3537223f39381632393a78313920"><span class="__cf_email__" data-cfemail="722217061b061b1d1c01141d001f1d161b141b1113061b1d1c32161d1e5c151d04">[email&#160;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 (Mine Act) and Title 30 of the Code of Federal 
Regulations

[[Page 62797]]

(CFR) part 44 govern the application, processing, and disposition of 
petitions for modification.

I. Background

    Section 101(c) of the 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-2024-007-C.
    Petitioner: Tunnel Ridge, LLC, 184 Schoolhouse Lane, Valley Grove, 
WV 26060.
    Mine: Tunnel Ridge Mine, MSHA ID No. 46-08864, located in Ohio 
County, West Virginia.
    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, to utilize alternative plugging 
methods to establish and maintain barriers around its Surface 
Directionally Drilled (SDD) wells.
    The petitioner states that:
    (a) The Tunnel Ridge Mine's current mine plan has only one known 
Coal Bed Methane (CBM) well within the current mine plan, the NV99 well 
(API No. 37-125-23340). This well has never been used for the 
production of methane.
    (b) The unmapped laterals of the NV99 well were inadvertently 
intersected with the 1 Left Gate Continuous Miner (CM) section. The 
NV99 well was plugged from the surface, including laterals, with 
flowable cement. During plugging operations, the production hole, 
access hole, and laterals of the NV99 CBM well were squeeze cemented 
with 158% of the calculated total volume.
    (c) The 1 Left Gate CM section successfully mined through 3 of the 
4 legs of the NV99 well. The mine-throughs of the lateral legs were 
successfully accomplished by water infusing the well bores.
    (d) The NV99 CBM well access hole is now scheduled to have 
development mining occur within 150 feet due to the 2 Left Gate CM 
section during July 2024.
    (e) The lateral legs of the well are scheduled to be mined through 
with the 2 Left Longwall (LW) in June 2025.
    The petitioner proposes the following alternative method:
    (a) District Manager approval required.
    (1) A minimum working barrier of 300-feet diameter shall be 
maintained around all SDD wells until approval to proceed with mining 
has been obtained from the District Manager.
    (2) The working barrier extends around all vertical and horizontal 
branches drilled in the coal seam and also extends around all vertical 
and horizontal branches within overlying coal seams subject to caving 
or subsidence from the coal seam being mined when methane leakage 
through the subsidence zone is possible.
    (3) The District Manager shall choose to approve each branch 
intersection, each well, or a group of wells as applicable to the 
conditions.
    (4) The District Manager may require a certified review of the 
proposed methods to prepare the SDD wells for intersection by a 
professional engineer in order to assess the applicability of the 
proposed system(s) to the mine-specific conditions.
    (b) Mandatory procedures for preparing, plugging, and replugging 
SDD wells.
    (1) Mandatory computations and administrative procedures prior to 
plugging or replugging.
    (i) Probable Error of Location--Directional drilling systems rely 
on sophisticated angular measurement systems and computer models to 
calculate the estimated location of the well bore. This estimated hole 
location is subject to cumulative measurement errors so that the 
distance between actual and estimated location of the well bore 
increases with the depth of the hole. Modern directional drilling 
systems are typically accurate within one or two degrees depending on 
the specific equipment and techniques. The probable error of location 
is defined by a cone described by the average accuracy of angular 
measurement around the length of the hole. In addition to the probable 
error of location, the true hole location is also affected by 
underground survey errors, surface survey errors, and random survey 
errors.
    (ii) Minimum Working Barrier Around Well--The minimum working 
barrier around any CBM well or branches of a CBM well in the coal seam 
is 50 feet plus the probable error of location. The probable error of 
location is a reasonable separation between the probable location of 
the well and mining operations. When mining is within the minimum 
working barrier distance from a CBM well or branch, the mine operator 
must comply with the Proposed Decision and Order (PDO) granted by MSHA. 
CBM wells must be prepared in advance for safe intersection and 
specific procedures must be followed on the mining section. The 
District Manager may require a greater minimum working barrier around 
CBM wells where geologic conditions, historical location errors, or 
other factors warrant a greater barrier.
    (iii) Ventilation Plan Requirements--The ventilation plan shall 
contain a description of all SDD CBM wells drilled in the area to be 
mined. This description shall include the well numbers, the date 
drilled, the diameter, the casing information, the coal seams 
developed, maximum depth of the wells, abandonment pressures, and any 
other information required by the District Manager. All or part of this 
information may be listed on the mine ventilation map. The ventilation 
plan shall include the techniques that the mine operator plans to use 
to prepare the SDD wells for safe intersection, the specifications, and 
steps necessary to implement these techniques, and the operational 
precautions that are required when mining within the minimum working 
barrier. In addition, the ventilation plan will contain any additional 
information or provisions related to the SDD wells required by the 
District Manager.
    (iv) Ventilation Map--The Ventilation map shall contain the 
following information:
    (A) The surface location of all CBM wells in the active mining area 
and any projected mining area;
    (B) Identifying information of CBM wells (i.e. API hole number or 
equivalent);
    (C) The date that gas production began from the well;
    (D) The coal seam intersection of all CBM wells;
    (E) The horizontal extents in the coal seam of all CBM wells and 
branches;
    (F) The outline of the probable error of location of all CBM wells; 
and
    (G) The date of mine intersection and the distance between 
estimated and actual locations for all intersections of the CBM well 
and branches.
    (2) Mandatory procedures for plugging or replugging SDD wells.
    (i) The mine operator shall include in the mine ventilation plan 
one or more of the following methods to prepare SDD wells for safe 
intersection:
    (A) Cement Plug--Cement may be used to fill the entire SDD hole 
system. Squeeze cementing techniques are

[[Page 62798]]

necessary for SDD plugging due to the lack of tubing in the hole. 
Cement should fill void spaces and eliminate methane leakage along the 
hole. Once the cement has cured, the SDD system may be intersected 
multiple times without further hole preparation. Gas cutting occurs if 
the placement pressure of the cement is less than the methane pressure 
in the coal seam. Under these conditions, gas will bubble out of the 
coal seam and into the unset cement creating a pressurized void or 
series of interconnected pressurized voids. Water cutting occurs when 
formation water and standing water in the hole invades or displaces 
unset cement. Standing water shall be bailed out of the hole or driven 
into the formation with compressed gas to minimize water cutting. The 
cement pressure must be maintained higher than the formation pressure 
until the cement sets to minimize both gas and water cutting. The 
cementing program in the ventilation plan must address both gas and 
water cutting. Due to the large volume to be cemented and potential 
problems with cement setting prior to filling the entire SDD system, 
adequately sized pumping units with back-up capacity must be used. 
Various additives such as retarders, lightweight extenders, viscosity 
modifiers, thixotropic modifiers, and fly ash may be used in the cement 
mix. The volume of cement pumped should exceed the estimated hole 
volume to ensure the complete filling of all voids. The complete 
cementing program, including hole dewatering, cement, additives, 
pressures, pumping times and equipment must be specified in the 
ventilation plan. The material safety data sheets (MSDS) for all 
cements, additives and components and any personal protective equipment 
and techniques to protect workers from the potentially harmful effects 
of the cement and cement components shall be included in the 
ventilation plan. Records of cement mixes, cement quantities, pump 
pressures, and flow rates and times shall be retained for each hole 
plugged. The District Manager shall require suitable documentation of 
the cement plugging in order to approve mining within the minimum 
working barrier around CBM wells.
    (B) Polymer Gel--Polymer gels start out as low viscosity, water-
based mixtures of organic polymers that are crosslinked using time-
delayed activators to form a water-insoluble, high-viscosity gel after 
being pumped into the SDD system. Although polymer gel systems never 
solidify, the activated gel should develop sufficient strength to 
resist gas flow. A gel that is suitable for treating SDD wells for mine 
intersection will reliably fill the SDD system and prevent gas-filled 
voids. Any gel chemistry used for plugging SDD wells shall be resistant 
to bacterial and chemical degradation and remain stable for the 
duration of mining through the SDD system. Water may dilute the gel 
mixture to the point where it will not set to the required strength. 
Water in the holes shall be removed before injecting the gel mixture. 
Water removal shall be accomplished by conventional bailing and then 
injecting compressed gas to squeeze the water that accumulates in low 
spots back into the formation. Gas pressurization shall be continued 
until the hole is dry. Another potential problem with gels is that 
dissolved salts in the formation waters may interfere with the cross-
linking reactions. Any proposed gel mixtures shall be tested with 
actual formation waters. Equipment to mix and pump gels shall have 
adequate capacity to fill the hole before the gel sets. Back-up units 
shall be available in case something breaks while pumping. The volume 
of gel pumped shall exceed the estimated hole volume to ensure the 
complete filling of all voids and allow for gel to infiltrate the 
joints in the coal seam surrounding the hole. Gel injection and setting 
pressures shall be specified in the ventilation plan. To reduce the 
potential for an inundation of gel, the final level of gel should be 
close to the level of the coal seam and the remainder of the hole shall 
remain open to the atmosphere until mining in the vicinity of the SDD 
system is completed. Packers may be used to isolate portions of the SDD 
system. The complete polymer gel program, including advance testing of 
the gel with formation water, dewatering systems, gel specifications, 
gel quantities, gel placement, pressures, and pumping equipment shall 
be specified in the ventilation plan. The MSDS for all gel components 
and any personal protective equipment and techniques to protect workers 
from the potentially harmful effects of the gel and gel components 
shall be included in the ventilation plan. A record of the calculated 
hole volume, gel quantities, gel formulation, pump pressures, and flow 
rates and times should be retained for each hole that is treated with 
gel. Other gel chemistries other than organic polymers shall be 
included in the ventilation plan with appropriate methods, parameters, 
and safety precautions.
    (C) Bentonite Gel--High-pressure injection of bentonite gel into 
the SDD system will infiltrate the cleat and butt joints of the coal 
seam near the well bore and effectively seal the conduits against the 
flow of methane. Bentonite gel is a thixotropic fluid that sets when it 
stops moving. Bentonite gel has a significantly lower setting viscosity 
than polymer gel. The lower strength bentonite gel must penetrate the 
fractures and jointing in the coal seam in order to be effective in 
reducing formation permeability around the hole. The use of bentonite 
gel is restricted to depleted CBM applications that have low 
abandonment pressures and limited recharge potential. In general, these 
applications will be mature CBM fields with long production histories. 
A slug of water shall be injected prior to the bentonite gel in order 
to minimize moisture-loss bridging near the well bore. The volume of 
gel pumped should exceed the estimated hole volume to ensure that the 
gel infiltrates the joints in the coal seam for several feet 
surrounding the hole. Due to the large gel volume and potential 
problems with premature thixotropic setting, adequately sized pumping 
units with back-up capacity are required. Additives to the gel may be 
required to modify viscosity, reduce filtrates, reduce surface tension, 
and promote sealing of the cracks and joints around the hole. To reduce 
the potential for an inundation of bentonite gel, the final level of 
gel should be approximately the elevation of the coal seam and the 
remainder of the hole should remain open to the atmosphere until mining 
in the vicinity of the SDD system is completed. The complete bentonite 
gel program, including formation infiltration and permeability 
reduction data, hole pretreatment, gel specifications, additives, gel 
quantities flow rates, injection pressures and infiltration times, must 
be specified in the ventilation plan. The ventilation plan shall list 
the equipment used to prepare and pump the gel. The MSDS for all gel 
components and any personal protective equipment and techniques to 
protect workers from the potentially harmful effects of the gel and 
additives shall be included in the ventilation plan. A record of hole 
preparation, gel quantities, gel formulation, pump pressures, and flow 
rates and times should be retained for each hole that is treated with 
bentonite gel.
    (D) Active Pressure Management and Water Infusion--Reducing the 
pressure in the hole to less than atmospheric pressure by operating a 
vacuum blower connected to the wellhead may facilitate safe 
intersection of the hole by a coal mine. The negative pressure in the 
hole shall limit the quantity of methane

[[Page 62799]]

released into the higher pressure mine atmosphere. If the mine 
intersection is near the end of a horizontal branch of the SDD system, 
air will flow from the mine into the upstream side of the hole and be 
exhausted through the blower on the surface. On the downstream side of 
the intersection, if the open hole length is short, the methane emitted 
from this side of the hole may be diluted to safe levels with 
ventilation air. Conversely, safely intersecting this system near the 
bottom of the vertical hole may not be possible because the methane 
emissions from the multiple downstream branches may be too great to 
dilute with ventilation air. The methane emission rate is directly 
proportional to the length of the open hole. Successful application of 
vacuum systems may be limited by caving of the hole or water collected 
in dips in the SDD system. Older, more depleted wells that have lower 
methane emission rates are more amenable to this technique. The 
remaining methane content and the formation permeability shall be 
addressed in the ventilation plan. Packers may be used to reduce 
methane inflow into the coal mine after intersection. All packers on 
the downstream side of the hole must be equipped with a center pipe so 
that the inby methane pressure may be measured or so that water may be 
injected. Subsequent intersections shall not take place if pressure in 
a packer-sealed hole is excessive. Alternatively, methane produced by 
the downstream hole may be piped to an in-mine degas system to safely 
transport the methane out of the mine or may be piped to the return air 
course for dilution. In-mine methane piping should be protected as 
stipulated in ``Piping Methane in Underground Coal Mines,'' MSHA IR 
1094, (1978). Protected methane diffusion zones may be established in 
return air courses if needed. Detailed sketches and safety precautions 
for methane collection, piping and diffusion systems must be included 
in the ventilation plan. Water infusion prior to intersecting the well 
will temporarily limit methane flow. Water infusion may also help 
control coal dust levels during mining. High water infusion pressures 
may be obtained prior to the initial intersection by the hydraulic head 
resulting from the hole depth or by pumping. Water infusion pressures 
for subsequent intersections are limited by leakage around in-mine 
packers and limitations of the mine water distribution system. If water 
is infused prior to the initial intersection, the water level in the 
hole must be lowered to the coal seam elevation before the 
intersection. The complete pressure management strategy including 
negative pressure application, wellhead equipment, and use of packers, 
in-mine piping, methane dilution, and water infusion must be specified 
in the ventilation plan. Procedures for controlling methane in the 
downstream hole must be specified in the ventilation plan. The 
remaining methane content and formation permeability shall be addressed 
in the ventilation plan. The potential for the coal seam to cave into 
the well shall be addressed in the ventilation plan. Dewatering methods 
shall be included in the ventilation plan. A record of the negative 
pressures applied to the system, methane liberation, use of packers and 
any water infusion pressures and application time shall be retained for 
each intersection.
    (E) Remedial work--If problems are encountered in preparing the 
holes for safe intersection, then remedial measures must be taken. The 
District Manager shall approve remedial work in the ventilation plan on 
a case-by-case basis.
    (ii) The methods approved in the ventilation plan must be completed 
on each SDD well before mining encroaches on the minimum working 
barrier around the well or branch of the well in the coal seam being 
mined. If methane leakage through subsidence cracks is a problem when 
retreat mining, the minimum working barrier must be maintained around 
wells and branches in overlying coal seams, or the wells and branches 
must be prepared for safe intersection.
    (c) Mandatory procedures that shall be followed after approval has 
been granted by the District Manager.
    (1) The mine operator, the District Manager, the miners' 
representative, or the State may request a conference prior to any 
intersection or after any intersection to discuss issues or concerns. 
Upon receipt of any such request, the District Manager shall schedule 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.
    (2) The mine operator must notify the District Manager, the State 
and the miners' representative at least 48 hours prior to the intended 
intersection of any CBM well.
    (3) The initial intersection of a well or branch typically 
indicates if the well preparation is sufficient to prevent the 
inundation of methane.
    (4) When mining advances within the minimum barrier distance of the 
well or branches of the well, the entries that will intersect the well 
or branches must be posted with a readily visible marking. For 
longwalls, both the head and tailgate entries must be marked. Marks 
must be advanced to within 100 feet of the working face as mining 
progresses. Marks shall be removed after well or branches are 
intersected in each entry or after mining has exited the minimum 
barrier distance of the well.
    (5) Entries that intersect vertical segments of a well shall be 
marked with drivage sights in the last open crosscut when mining is 
within 100 feet of the well. When a vertical segment of a well will be 
intersected by a longwall, drivage sights shall be installed on 10-foot 
centers starting 50 feet in advance of the anticipated intersection. 
Drivage sights shall be installed in both the headgate and tailgate 
entries of the longwall.
    (6) The operator shall ensure that fire-fighting equipment, 
including fire extinguishers, rock dust, and a sufficient fire hose to 
reach the working face area of the mine-through (when either the 
conventional or the continuous mining method is used) is available and 
operable during all well mine throughs. 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. When the longwall mining method is used, a 
hose to the longwall water supply is sufficient. All fire hoses shall 
be connected and ready for use, but do not have to be charged with 
water during the cut-through.
    (7) The operator shall ensure that sufficient supplies of roof 
support and ventilation materials are available at the working section. 
In addition, emergency plugs, packers, and setting tools to seal both 
sides of the well or branch shall be available in the immediate area of 
the cut-through.
    (8) When mining advances within the minimum working barrier 
distance from the well or branch of the well, the operator shall 
service all equipment and check for permissibility at least once daily. 
Daily permissibility examinations must continue until the well or 
branch is intersected or until mining exits the minimum working barrier 
around the well or branch.
    (9) 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 or 
longwall face is within the minimum working barrier around the well or 
branch. During the cutting process, no individual shall be allowed on 
the return side until the mine-

[[Page 62800]]

through has been completed and the area has been examined and declared 
safe. The shearer must be idle when any miners are inby the tail drum.
    (10) When mining advances within the minimum working barrier 
distance from the well or branch of the well, the operator shall 
calibrate the methane monitor(s) on the longwall, continuous mining 
machine, or cutting machine and loading machine at least once daily. 
Daily methane monitor calibration must continue until the well or 
branch is intersected or until mining exits the minimum working barrier 
around the well or branch.
    (11) 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 
within 20 feet of the face when mining through the well or branch. On 
longwall sections, rock dust shall be applied on the roof, rib, and 
floor up to both the headgate and tailgate pillared area.
    (12) Immediately after the well or branch is intersected, the 
operator shall deenergize all equipment, and the certified person shall 
thoroughly examine and determine the working place safe before mining 
is resumed.
    (13) After a well or branch has been intersected and the working 
place determined safe, mining shall continue inby the well a sufficient 
distance to permit adequate ventilation around the area of the well or 
branch.
    (14) No open flame shall be permitted in the area until adequate 
ventilation has been established around the well bore or branch. Any 
casing, tubing or stuck tools shall be removed using the methods 
approved in the ventilation plan.
    (15) No person shall be permitted in the area of the mine-through 
operation inby the last open crosscut during active mining except those 
engaged in the operation, including company personnel, personnel from 
MSHA, and personnel from the appropriate State agency.
    (16) The operator shall warn all personnel in the mine of the 
planned intersection of the well or branch 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 or branch 
has been intersected.
    (17) The mine-through operation shall be under the direct 
supervision of a certified person. Instructions concerning the mine-
through operation shall be issued only by the certified person in 
charge.
    (18) All miners shall be in known locations and in constant two-way 
communications with the responsible person when active mining occurs 
within the minimum working barrier of the well or branch.
    (19) The responsible person is responsible for well intersection 
emergencies. The well intersection procedures must be reviewed by the 
responsible person prior to any planned intersection.
    (20) A copy of the PDO granted by MSHA shall be maintained at the 
mine and be available to the miners.
    (21) The provisions of the PDO granted by MSHA does not impair the 
authority of representatives of MSHA to interrupt or halt the mine-
through operation and to issue a withdrawal order when they deem it 
necessary for the safety of miners. MSHA may order an interruption or 
cessation of the mine-through operation and/or a withdrawal of 
personnel by issuing either a verbal or a written order to that effect 
to a representative of the operator. Operations in the affected area of 
the mine may not resume until a representative of MSHA permits 
resumption of mine-through operations. The mine operator and miners 
shall comply with verbal or written MSHA orders immediately. All verbal 
orders shall be committed to writing within a reasonable time as 
conditions permit.
    (22) For subsequent intersections of branches of a well, 
appropriate procedures to protect the miners shall be specified in the 
ventilation plan.
    (d) Mandatory procedures that shall be followed after SDD 
intersections.
    (1) All intersections with SDD wells and branches that are in 
intake air courses shall be examined as part of the pre-shift 
examinations.
    (2) All other intersections with SDD wells and branches shall be 
examined as part of the weekly examinations.
    (e) Other requirements.
    (1) Within 30 days after the PDO is granted by MSHA, 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 regarding compliance with the 
terms and conditions stated in the PDO granted by MSHA. The operator 
shall provide all miners involved in the mine-through of a well or 
branch with training prior to mining within the minimum working barrier 
of the next well or branch intended to be mined through.
    (2) Within 30 days after the PDO granted by MSHA becomes final, the 
operator shall submit proposed revisions for its approved mine 
emergency evacuation and firefighting program of instruction. The 
operator shall revise the program to include the hazards and evacuation 
procedures to be used for well intersections. All underground miners 
shall be trained in this revised program within 30 days of approval.
    Tunnel Ridge Mine has no designated miner's representative.
    In support of the proposed alternative methos, the Petitioner 
submitted a certified overview map of Tunnel Ridge Mine with all known 
CBM wells with horizontal laterals, and the plugging affidavit for the 
NV99 CBM well.
    The Petitioner asserts that the alternative method proposed in the 
Petition will at all times guarantee no less than the same measure of 
protection afforded by 30 CFR 75.350(a).

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-16915 Filed 7-31-24; 8:45 am]
BILLING CODE 4520-43-P


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