Notice2026-06511
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 3, 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 Knight Hawk Coal, LLC.
Full Text
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<title>Federal Register, Volume 91 Issue 64 (Friday, April 3, 2026)</title>
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[Federal Register Volume 91, Number 64 (Friday, April 3, 2026)]
[Notices]
[Pages 16980-16981]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06511]
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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 May 4, 2026.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2026-
0103 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-2026-0103.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#fd8d988994899492939e9290909893898ebd999291d39a928b"><span class="__cf_email__" data-cfemail="89f9ecfde0fde0e6e7eae6e4e4ece7fdfac9ede6e5a7eee6ff">[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#336356475a475a5c5d40555c415e5c575a555a5052475a5c5d73575c5f1d545c45"><span class="__cf_email__" data-cfemail="89d9ecfde0fde0e6e7faefe6fbe4e6ede0efe0eae8fde0e6e7c9ede6e5a7eee6ff">[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.
[[Page 16981]]
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-2026-005-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 75.312(c), Main mine fan examinations
and records.
Modification Request: The petitioner is requesting a modification
to 30 CFR 75.312(c) to permit an alternative method of compliance to
permit the testing of the automatic fan signal device every 31 days
without stopping the fan each time the device is tested.
The petitioner states that:
(a) Prairie Eagle Underground Mine seeks modification of 30 CFR
75.312(c): At least every 31 days, the automatic fan signal device for
each main mine fan shall be tested by stopping the fan. Only persons
necessary to evaluate the effect of the fan stoppage or restart, or to
perform maintenance or repair work that cannot otherwise be made while
the fan is operating, shall be permitted underground. Notwithstanding
the requirement of Sec. 75.311(b)(3), underground power may remain
energized during this test provided no one, including persons
identified in Sec. 75.311(b)(1), is underground. If the fan is not
restarted within 15 minutes, underground power shall be deenergized and
no one shall enter any underground area of the mine until the fan is
restarted and an examination of the mine is conducted as described in
Sec. 75.360 (b) through (e) and the mine has been determined to be
safe.
(b) The mine's existing automatic fan signal device is a pressure
transducer. The device continuously monitors and records the fans
operating pressure electronically.
(c) 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 testing of the automatic fan signal device will be
conducted at least every 31 days without stopping the fan each time the
fan signal device is tested.
(b) A lockable ball valve will be installed in between the tubing
connecting the pressure transducer to the fan ductwork where pressure
is measured and another between the tubing and the atmosphere.
(c) An alarm signal will be activated when the fan pressure falls
below the normal operating pressure by 2'' W.G. or more.
(d) During the 31 day checks without stopping the fan, the valve to
the fan ductwork will be closed and the valve to the atmosphere will be
opened allowing the pressure to the transducer to drop below the normal
operating pressure and signal the alarm indicating loss of ventilating
quantity to the mine.
(e) A fan signal check will be made by stopping the fan, per 30 CFR
75.312(c), at intervals not to exceed 6 months.
(f) The methods described are in accordance with the Proposed
Decision and Order (PDO) granted by MSHA under docket No. M-2015-017-C.
(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 January 7, 2026. In support of the proposed alternative
method, the petitioner has also submitted drawings of the fan ductwork
setup: currently; during fan normal operation under the proposed
alternative method; and fan testing under the proposed alternative
method.
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. 2026-06511 Filed 4-2-26; 8:45 am]
BILLING CODE 4520-43-P
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