Notice2025-17799
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
September 16, 2025
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 Knight Hawk Coal, LLC.
Full Text
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<title>Federal Register, Volume 90 Issue 177 (Tuesday, September 16, 2025)</title>
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[Federal Register Volume 90, Number 177 (Tuesday, September 16, 2025)]
[Notices]
[Pages 44726-44727]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17799]
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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 Knight
Hawk Coal, LLC.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before October 16, 2025.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2025-
0092 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-2025-0092.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#c7b7a2b3aeb3aea8a9a4a8aaaaa2a9b3b487a3a8abe9a0a8b1"><span class="__cf_email__" data-cfemail="b3c3d6c7dac7dadcddd0dcdeded6ddc7c0f3d7dcdf9dd4dcc5">[email protected]</span></a>.
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, Room C3522, 200 Constitution Ave NW,
Washington, DC 20210.
Attention: Jessica D. Senk, Acting Director, Office of Standards,
Regulations, and Variances. Persons delivering documents are required
to check in at the receptionist's desk. Individuals may inspect copies
of the petition and comments during normal business hours at the
address listed above. Before visiting MSHA in person, call 202-693-9440
to make an appointment.
FOR FURTHER INFORMATION CONTACT: Jessica D. Senk, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
<a href="/cdn-cgi/l/email-protection#e9b98c9d809d8086879a8f869b84868d808f808a889d808687a98d8685c78e869f"><span class="__cf_email__" data-cfemail="b2e2d7c6dbc6dbdddcc1d4ddc0dfddd6dbd4dbd1d3c6dbdddcf2d6ddde9cd5ddc4">[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-2025-049-C.
Petitioner: Knight Hawk Coal, LLC, 500 Cutler Trico Road, Percy, IL
62272.
Mine: Prairie Eagle Underground Mine, MSHA ID No. 11-03147, located
in Perry County, IL.
Regulation Affected: 30 CFR 75.1909(b)(6), Nonpermissible diesel-
powered equipment; design and performance requirements.
Modification Request: The petitioner is requesting a modification
to 30 CFR 75.1909(b)(6) to allow an alternative method of compliance to
permit the use of a Getman RDG-1504S Road Builder as it was originally
designed, without front brakes.
The petitioner states that:
(a) Prairie Eagle Underground Mine seeks modification of 30 CFR
75.1909(b)(6) as it pertains to service brakes that act on each wheel
of the vehicle and that are designed such that failure of any single
component, except the brake actuation pedal or other similar actuation
device, must not result in a complete loss of service braking
capability.
(b) The alternative method will at all times guarantee no less than
the same measure of protection afforded the miners under the mandatory
standard.
The petitioner proposes the following alternative method:
(a) The existing standard for self-propelled nonpermissible diesel-
powered equipment does not address equipment with more than four
wheels, specifically the Getman RDG-1504S Road Builder with six wheels.
This machine has dual brake systems on the four rear wheels, and it is
designed to prevent a loss of braking due to a single component
failure.
(b) The speed of the machine shall be limited to 10 miles per hour
by permanently blocking out any gear that would provide higher speed,
or transmission and differential ratios that would limit the maximum
speed to 10 miles per hour.
(c) The grader operators shall be trained to recognize appropriate
speeds for different road conditions and slopes.
[[Page 44727]]
(d) The grader operators shall be trained to lower the grader blade
to provide additional stopping capability.
(e) The petitioner proposes to transfer the RDG-l 504S Road
Builder, serial number 6390, from the Viper Mine 11-02664 that is
closing, to Knight Hawk Coal (``Prairie Eagle Underground Mine'').
(f) The road grader requested within this petition for the Prairie
Eagle Underground Mine has been safely operated at Viper Mine for many
years. Also, the same style road grader is utilized and approved by
MSHA at Peabody Gateway Mine under docket No. M-2015-012-C. Underground
mining conditions can be similar to that of the Gateway mine as the two
operations are located in close proximity to each other and mine in the
same Herrin #6 coal seam.
(g) The miners at Prairie Eagle Underground Mine are not
represented by a labor organization and the petition has been posted at
the mine on June 27, 2025.
The petitioner asserts that the alternative method will guarantee
no less than the same measure of protection afforded the miners under
the mandatory standard.
Jessica D. Senk,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2025-17799 Filed 9-15-25; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on September 16, 2025.
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