Notice2025-17800
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 Peabody Powder River Mining 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 44718-44719]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17800]
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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
Peabody Powder River Mining 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-
0257 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-2025-0257.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#19697c6d706d7076777a7674747c776d6a597d7675377e766f"><span class="__cf_email__" data-cfemail="91e1f4e5f8e5f8fefff2fefcfcf4ffe5e2d1f5fefdbff6fee7">[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, Acting Director,
Office of Standards, Regulations, and Variances at 202-693-9440
(voice), <a href="/cdn-cgi/l/email-protection#b6e6d3c2dfc2dfd9d8c5d0d9c4dbd9d2dfd0dfd5d7c2dfd9d8f6d2d9da98d1d9c0"><span class="__cf_email__" data-cfemail="530336273a273a3c3d20353c213e3c373a353a3032273a3c3d13373c3f7d343c25">[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-2025-053-C.
Petitioner: Peabody Powder River Mining LLC, Caller Box 3035,
Gillette, Wyoming 82716.
Mine: North Antelope Rochelle Mine, MSHA ID No. 48-01353, located
in Campbell County, Wyoming.
Regulation Affected: 30 CFR 77.404(a), Machinery and equipment;
operation and maintenance.
Modification Request: The petitioner is requesting a modification
to 30 CFR 77.404(a) to permit alternative methods of compliance to
permit the mine to maintain haul truck cab windows locked shut.
Specifically, the petitioner seeks approval to securely lock or
otherwise render inoperable the side windows of haul truck cabs, while
maintaining all other manufacturer safety features, including
functional air conditioning and dust-control systems and emergency
egress options as originally designed.
The petitioner states that:
(a) Peabody seeks modification of 30 CFR 77.404(a) as it pertains
to haul truck windows. That standard provides: Mobile and stationary
machinery and equipment shall be maintained in safe operating condition
and machinery or equipment in unsafe condition shall be removed from
service immediately.
(b) The Mine Safety and Health Administration (MSHA) has
communicated an interpretation of this provision to require that haul
truck cab windows remain operable as manufactured. On July 18, 2025,
the Gillette Field Office Supervisor informed the mine that the haul
truck cab windows should open, without identifying a safety hazard,
because that is how it came from the manufacturer, ignoring the fact
that MSHA inspectors will cite the mine if they see a haul truck window
open.
(c) Peabody requests a modification of 30 CFR 77.404(a) as applied
to all haul trucks operated at the mine. Specifically, the petitioner
seeks approval to securely lock or otherwise render inoperable the side
windows of haul truck cabs, while maintaining all other manufacturer
safety features, including functional air conditioning and dust-control
systems and emergency egress options as originally designed.
(d) Haul trucks used at the mine are equipped with fully enclosed,
filtered cabs with manufacturer-installed air conditioning and dust
control systems. Cab windows are locked shut to eliminate exposure to
airborne respirable dust, silica, and noise. The windows on these haul
trucks are not designed or designated as emergency exits. Alternative
manufacturer-designed egress routes remain fully available.
(e) All haul trucks are maintained under a strict preventive
maintenance program to ensure that air conditioning and filtration
systems remain in proper working order. Any unit with inoperative
systems is immediately removed from service.
(f) Peabody believes that allowing the windows to open increases
the risk of respirable dust and silica exposure, directly undermining
MSHA's health and dust control standards. Dust entering the cab also
reduces visibility, increases fatigue, and creates an unsafe operating
environment.
(g) There would be no diminution of safety because cab windows are
not emergency exits. Securing the windows closed does not impair escape
or rescue in an emergency. Also, the cabs are climate-controlled, so
heat stress or ventilation needs are fully addressed by the air
conditioning and dust-control systems. In fact, an open window directly
impedes the efficacy of the cabs' dust-control system.
(h) There would be an increase in safety because locking windows
reduces operator exposure to dust, noise, and distractions, thereby
improving health and operational safety. Application of the standard
results in a diminution of safety.
(i) This alternative will provide at least an equal measure of
protection as the original standard by ensuring operators work in a
clean, climate-controlled, dust-free cab environment.
[[Page 44719]]
(j) The requested modification eliminates an identified hazard
(exposure to airborne dust and silica) without affecting safe machine
operation or emergency egress. Granting this petition will enhance
safety and health for all equipment operators at the mine.
(k) 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) Maintain cab windows in a locked, closed position on all haul
trucks.
(b) Ensure that the air conditioning and dust filtration systems
are fully functional before placing any truck into service. Any haul
truck with non-functional systems shall be removed from service until
repaired.
(c) Conduct regular inspections and preventive maintenance on all
sealed cab systems.
(d) The miners at North Antelope Rochelle Mine are not represented
by a labor organization and the Petition has been posted on the mine
bulletin board on July 29, 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. 2025-17800 Filed 9-15-25; 8:45 am]
BILLING CODE 4520-43-P
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