Notice2026-00340
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
January 12, 2026
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 Consol Pennsylvania Coal Company, LLC.
Full Text
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<title>Federal Register, Volume 91 Issue 7 (Monday, January 12, 2026)</title>
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[Federal Register Volume 91, Number 7 (Monday, January 12, 2026)]
[Notices]
[Pages 1209-1210]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00340]
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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 Consol
Pennsylvania Coal Company, LLC.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before February 11,
2026.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2025-
0427 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-2025-0427.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#354550415c415c5a5b565a5858505b414675515a591b525a43"><span class="__cf_email__" data-cfemail="5e2e3b2a372a3731303d3133333b302a2d1e3a313270393128">[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. 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#faaa9f8e938e939594899c958897959e939c93999b8e939594ba9e9596d49d958c"><span class="__cf_email__" data-cfemail="68380d1c011c0107061b0e071a05070c010e010b091c010706280c0704460f071e">[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-2025-063-C.
Petitioner: Consol Pennsylvania Coal Company, LLC, 192 Crabapple
Road, Wind Ridge, PA 15380.
Mine: Bailey Mine, MSHA ID No. 36-07230, located in Greene County,
Pennsylvania.
Regulation Affected: 30 CFR 75.1002(a), Permissible electric
equipment.
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.1002(a) as it pertains to battery-powered
non-permissible testing and diagnostic equipment in or inby the last
open crosscut. Specifically the petitioner is requesting to use
vibration analyzers: Emerson AMS 2140 Machinery Health Analyzer and
Balancer; Bentley Nevada vb7 Portable Data Collection Analyzer and
Balancer; Bentley Nevada Scout 100 EX Vibration Data Collector Analyzer
Balancer; Bentley Nevada Commtest Scout 140, VBX and Scout Unit. The
petitioner is also requesting to use battery-powered non-permissible
testing and diagnostic equipment, laptop computers, oscilloscopes,
cable fault detectors, point temperature probes, infrared temperature
devices, signal analyzer devices, ultrasonic measuring devices,
electronic component testers and electronic tachometers, etc.
The petitioner states that:
(a) The petitioner seeks modification of 30 CFR 75.1002(a), as it
pertains to use of battery-powered non-permissible testing and
diagnostic equipment, laptop computers, oscilloscopes, vibration
analysis machines, cable fault detectors, point temperature probes,
[[Page 1210]]
infrared temperature devices, signal analyzer devices, ultrasonic
measuring devices, electronic component testers and electronic
tachometers, etc.
(b) That standard 30 CFR 75.1002(a) provides in relevant part:
Electric equipment must be permissible and maintained in a permissible
condition when such equipment is located within 150 feet of pillar
workings or longwall faces.
(c) On occasion mining equipment breaks down in areas of a mine
where permissible equipment is required and the equipment cannot be
moved into intake air to perform diagnosis or repairs. It may not be
possible to move it or is unsafe to move it. Permissible diagnostic and
testing equipment is not available for all types of testing and
diagnostics.
(d) In addition, preventative maintenance requires the use of
sophisticated monitoring devices to ensure against catastrophic failure
of equipment. Some equipment that is critical, e.g. longwall face
equipment such as shearer and conveyor drives cannot be moved to outby
areas to be tested.
(e) While the petitioner seeks a modification consistent with the
modifications previously granted to other operators it also
specifically seeks modification as to certain vibration analysis
devices. The vibration analysis devices that would specifically be
subject to this petition are as follows:
(1) Emerson AMS 2140 Machinery Health Analyzer and Balancer
(2) Bentley Nevada vb7 Portable Data Collection Analyzer and Balancer
(3) Bentley Nevada Scout 100 EX Vibration Data Collector Analyzer
Balancer
(4) Bentley Nevada Commtest Scout 140, VBX and Scout Unit
(f) Such instruments are used by the petitioner and contractors to
analyze for excessive vibration in order to provide information to
avoid catastrophic failure of parts of the longwall face and other face
equipment as well as on continuous miners.
(g) Such equipment as the longwall shearer, face conveyer drive
motors cannot be moved out of the face areas where permissible
equipment is normally required.
(h) In addition, the petitioner seeks a Proposed Decision and Order
(PDO) granted by MSHA similar and identical to what other mine
operators have been granted without specification of specifics models
of laptops, oscilloscopes and other testing equipment. It does not
intend at this time to separately specify the makes and models of such
equipment. Should the petitioner intend to use such equipment, it would
notify the District Manager for such approvals.
(i) The petitioner seeks modification of 30 CFR 75.1002(a) as it
applies to use of low voltage battery-powered non-permissible testing
and diagnostic equipment.
(j) The mine utilizes the continuous miner and longwall method of
mining.
(k) Accurate testing and diagnostics for trouble shooting equipment
within 150 feet of pillar workings or longwall faces is critical to the
safety of the miners at the Bailey Mine and to the repair and
maintenance of its mining equipment.
(l) The petitioner seeks an alternative method to the mandatory
safety standard, asserting it will provide the same or greater level of
safety for miners.
The petitioner proposes the following alternative method:
(a) All non-permissible testing and diagnostic equipment used
within 150 feet of pillar workings or longwall faces will be examined
by a qualified person as defined in 30 CFR 75.153, prior to use to
ensure the equipment is being maintained in a safe operating condition.
These examinations results will be recorded in the weekly examination
book and will be made available to MSHA and the miners at the mine.
(b) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of non-permissible electronic testing and diagnostic equipment within
150 feet of pillar workings or longwall faces.
(c) Non-permissible electronic testing and diagnostic equipment
will not be used if methane is detected in concentrations at or above
one percent. When one percent or more methane is detected while the
non-permissible electronic equipment is being used, the equipment will
be de-energized immediately and the non-permissible equipment withdrawn
outby the longwall faces or more than 150 feet from pillar workings.
(d) All hand-held methane detectors will be MSHA approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(e) Except for time necessary to troubleshoot under actual mining
conditions coal production in the section will cease. However, coal may
remain in or on the equipment to test and diagnose the equipment under
``load''.
(f) All electronic testing and diagnostic equipment will be used in
accordance with the safe use procedures recommended by the
manufacturer. For the purposes of this petition, a ``hazardous''
location is one where the methane is at 1% or higher.
(g) Qualified personnel who use electronic testing and diagnostic
equipment will be properly trained to recognize the hazards and
limitations associated with use of the equipment.
(h) Rock dust shall be liberally applied to the area where testing
is to be conducted.
(i) Non-permissible electronic testing and diagnostic equipment
shall be used only when equivalent permissible equipment is not
available.
(j) The operator shall post this Petition in unobstructed locations
on the bulletin boards and/or in other conspicuous places where notices
to miners are ordinarily posted, at all the mines for which this
Petition applies, for a period of not less than 60 consecutive days and
a copy will be made available to all miners' representatives.
(k) The petitioner shall include the listed terms and conditions in
the initial and annual refresher training as required in its approved
Part 48 training plans to ensure that miners are aware of the
stipulations contained in this petition.
There are no representatives of miners at Bailey Mine. A copy of
this Petition has been posted on the bulletin board as of October 3,
2025. In support of the proposed alternative method, the petitioner has
also submitted specification sheets for the Emerson AMS 2140 Machinery
Health Analyzer and Balancer; Bentley Nevada vb7 Portable Data
Collection Analyzer and Balancer; Bentley Nevada Scout 100 EX Vibration
Data Collector Analyzer Balancer; and the Bentley Nevada Commtest Scout
140, VBX and Scout Unit.
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. 2026-00340 Filed 1-9-26; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on January 12, 2026.
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