Notice2026-06519
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 Mountain Coal Company, 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 16983-16985]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06519]
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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
Mountain Coal Company, 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-
0199 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-2026-0199.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#89f9ecfde0fde0e6e7eae6e4e4ece7fdfac9ede6e5a7eee6ff"><span class="__cf_email__" data-cfemail="a6d6c3d2cfd2cfc9c8c5c9cbcbc3c8d2d5e6c2c9ca88c1c9d0">[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#520237263b263b3d3c21343d203f3d363b343b3133263b3d3c12363d3e7c353d24"><span class="__cf_email__" data-cfemail="752510011c011c1a1b06131a07181a111c131c1614011c1a1b35111a195b121a03">[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
[[Page 16984]]
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-2026-006-C.
Petitioner: Mountain Coal Company, LLC, 5174 Highway 133, Somerset
CO 81434.
Mine: West Elk Mine, MSHA ID No. 05-03672, located in Gunnison
County, Colorado.
Regulation Affected: 30 CFR 75.503 (18.35(a)(5)(i), Portable
(trailing) cables and cords).
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.503 (18.35(a)(5)(i)), to allow the use of
up to 1,100 feet of No. 2 AWG G-GC trailing cable supplying 995 volts
AC to the Komatsu Shuttle Cars Model 10SC32. The petitioner also
requests a modification of the existing standard, 30 CFR 75.503
(18.35(a)(5)(i)), to allow the use of 1,100 feet of No. 2 AWG-SHD-GC
trailing cable supplying 995 volts AC to their mobile roof bolter.
The petitioner states that:
(a) Shuttle Cars
(1) On December 10, 1997, a petition under Section 101(c) of the
Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. 811(c)
and 30 Code of Federal Regulations (30 CFR) 44.11, et seq., was issued
to Mountain Coal Company, LLC, to modify 30 CFR 75.503. The petition
became final on January 14, 1998. The petitioner requested a
modification to the existing petition (Docket No. M-96-104-C) to allow
the use of 1,100 feet of No. 4/0 AWG trailing cable for continuous
miners at the mine. As a result, MSHA issued Docket No. M-2012-096-C,
and revoked petition Docket No. M-96-104-C. On May 21, 2013, MSHA
issued an Amended Proposed Decision and Order (PDO) granting the
referenced petition for modification with sixteen (16) additional
stipulations.
(2) On August 28, 2023, Mountain Coal Company, LLC, submitted a new
petition to further amend the granted petition for modification. The
mine had purchased four (4) Fletcher Mobile Roof Support machines (995
volts), Model MRS17, and was in the process of acquiring Komatsu 10SC32
Shuttle Cars. On March 3, 2025, a PDO was granted for trailing cables
supplying three-phase power to 995 VAC trailing cables supplying the
Fletcher Mobile Roof Support machines, Model MRS17, (MRS 2 s/n 2018902,
MRS 3 s/n 2018903, MRS 5 s/n 2017913 and MRS 6 s/n 2017914) and the
Komatsu Shuttle Cars. The petition was granted for the maximum lengths
of 1,100 feet of No. 4 trailing cables for Mobile Roof Support Machines
and 1,100 feet of No. 2 trailing cable for the shuttle cars used in
West Elk Mine, subject to the terms and conditions of the PDO, which
included the following provision: The maximum length of No. 4 AWG SHD-
GC trailing cables supplying 995 volts AC to the Fletcher Mobile Roof
Support Machines Model MRS17 shall be 1,100 feet. The maximum length of
No. 2 AWG SHD-GC trailing cables supplying 995 volts AC to the Komatsu
Shuttle Cars Model 10SC32 shall be 1,100 feet (Docket No. M-2023-027-
C).
(3) West Elk Mine files this petition for modification to allow the
use of up to 1,100 feet (maximum length) of No. 2 AWG G-GC trailing
cable supplying 995 volts AC to the Komatsu Shuttle Cars Model 10SC32
in addition to the No. 2 AWG SHD-GC trailing cables. As stated above,
West Elk Mine has previously been granted a PDO for the use of up to
1,100 feet (maximum length) of No. 2 AWG SHD-GC trailing cables
supplying 995 volts AC to the Komatsu Shuttle Cars Model 10SC32.
(4) As shown in the short circuit analysis (using the minimum
amount of current available and having the instantaneous overcurrent
protection set at 800 amps), the use of 1,100 feet of non-shielded No.
2 trailing cable does not compromise miner safety nor does it adversely
impact electrical protection of the cable. The goal of the fault
analysis is to demonstrate that there is enough current available to
trip the short circuit protection at the time of a fault. The fault
study was prepared using the minimum amount of current available. The
study used the maximum distances from the substation according to the
current mining plan. The program used (Short-Circuit Version 6.03) for
the study was provided by MSHA's Approval & Certification Center. As
shown by the study, the 1,100 feet of No. 2 AWG G-GC non-shielded
trailing cable with the instantaneous overcurrent protection set at 800
amps does not compromise the protection for the cable or the personnel.
The non-shield No. 2 AWG G-GC cable provides a higher fault current
than the shielded No. 2 AWG G-GC cable that is currently in the cable
length petition.
(b) Mobile Roof Bolters
(1) On August 9, 1996, Mountain Coal Company, LLC, filed a petition
under Section 101(c) of the Mine Act, 30 U.S.C. 811(c) and 30 CFR
44.11, et. Seq. seeking to modify 30 CFR 75.503. A PDO granting a
modification of the application of the standard was issued on December
17, 1997, and the petition became final on January 14, 1998. The
petition was granted modifying the application of 30 CFR 75.503
(18.35(a)(5)(i) of part 18), subject to the terms and conditions of the
PDO, which included the following provisions: The maximum length of the
trailing cable supplying three-phase, 995-volt, power to the mobile
roof bolter shall not exceed 1,000 feet of No. 2 AWG, SHD-GC cable
(Docket No. M-96-104-C).
(2) West Elk Mine files this petition for modification to include
the use of 1,100 feet of No. 2 AWG-SHD-GC trailing cable for the mobile
roof bolters, increasing the distance by an additional 100 feet.
(3) As shown in the short circuit analysis (using the minimum
amount of current available and having the instantaneous overcurrent
protection set at 800 amps), the use of 1,100 feet of No. 2 AWG SHD-GC
trailing cable does not compromise miner safety nor does it adversely
impact electrical protection of the cable. The goal of the fault
analysis is to demonstrate that there is enough current available to
trip the short circuit protection at the time of a fault. The fault
study was prepared using the minimum amount of current available. The
study used the maximum distances from the substation according to the
current mining plan. The program used (Short-Circuit Version 6.03) for
the study was provided by MSHA's Approval & Certification Center. As
shown by the study, the 1,100 feet of No. 2 AWG SHDGC trailing cable
with the instantaneous overcurrent protection set at 800 amps does not
compromise the protection for the cable or the personnel.
(c) The alternatives will provide at least an equal measure of
protection as the original standard.
The petitioner proposes the following alternative method:
[[Page 16985]]
(a) Shuttle Cars
(1) The maximum length of No. 2 AWG G-GC trailing cables supplying
995 volts AC to the Komatsu Shuttle Cars Model 10SC32 shall be 1,100
feet.
(2) All circuit breakers used to protect the No. 2 AWG G-GC
trailing cables exceeding 700 feet in length for the 995-volt AC
powered Komatsu Shuttle Cars Model 10SC32 shall have instantaneous trip
units calibrated to trip at 800 amps. The trip setting of these circuit
breakers shall be sealed or locked so that the setting cannot be
changed, and these circuit breakers shall have permanent legible labels
displaying the maximum short circuit setting. Calibration, sealing and
labeling of circuit breakers shall be performed by the circuit breaker
manufacturer or an authorized repair facility outfitted with calibrated
test equipment. Each label shall identify the circuit breaker as being
suitable for protecting No. 2 AWG G-GC cables. The labels shall be
maintained legible.
(3) Replacement instantaneous trip units used to protect the No. 2
AWG G-GC trailing cables shall be calibrated to trip at 800 amps and
this setting shall be sealed or locked. Calibration, sealing, and
labeling of the replacement units shall be conducted by the device
manufacturer or an authorized repair facility outfitted with calibrated
test equipment.
(4) All components that provide short-circuit protection shall have
a sufficient interruption rating in accordance with the maximum
calculated fault currents available.
(5) The trailing cables for the Komatsu Shuttle Cars shall be
protected by being hung on well-installed insulated hangers from the
section transformer to the slack pile of the trailing cable for each
machine or to the last open crosscut, whichever is further outby.
(6) Prior to putting the Komatsu Shuttle Cars in service for each
shift, examinations by persons designated by the mine operator shall be
made to visually examine the trailing cables to ensure that the cables
are in a safe operating condition. The instantaneous settings of the
specially calibrated circuit breakers shall also be visually examined
to ensure that the peals or locks have not been removed and that they
do not exceed the settings stipulated in items (2) and (4).
(7) Permanent warning labels shall be installed and maintained on
the covers of each circuit breaker and the trailing cable disconnecting
device indicating that the cable can only be connected to a circuit
breaker that is set to trip at its predetermined instantaneous value.
These labels shall warn miners not to change or alter these sealed
short-circuit settings and warn them not to connect the trailing cable
to an improperly adjusted circuit breaker.
(8) Any trailing cable that is not in a safe operating condition or
damaged in any way shall be removed from service immediately and
repaired or replaced. Each splice or repair in the trailing cables
shall be made in a workmanlike manner and in accordance with the
instructions of the manufacturer of the splice or repair materials. The
splice or repair shall comply with 30 CFR 75.603 and 75.604.
(9) Excessive cable shall be stored behind the anchors on equipment
that use cable reels to prevent cables from overheating. Trailing cable
anchoring points located along haulage roads, belt tailpiece or feeder
shall be arranged to prevent the shuttle cars from running over their
trailing cables, to minimize the need for secondary (temporary)
trailing cable anchoring points and minimize back spooling.
(b) Mobile Roof Bolters
(1) The maximum length of No. 2 AWG SHD-GC trailing cables
supplying 995 volts AC to mobile roof bolter shall be 1,100 feet.
(2) All circuit breakers used to protect the No. 2 AWG, SHD-GC,
trailing cables that exceed 700 feet in length and supply 995-volt,
three-phase power to the mobile roof drill shall have instantaneous
trip unit(s) calibrated to trip at 800 amps. The trip setting of these
circuit breaker(s) shall be sealed, and these circuit breakers shall
have permanent, legible labels. The label shall identify the circuit
breaker(s) as being specially calibrated circuit breaker(s) and as
being suitable for protection of No. 2 AWG, SHD-GC cables. This label
shall be maintained legible.
(3) Replacement circuit breakers and/or instantaneous trip units,
used to protect the 995-volt, No. 2 AWG, SHD-GC cables, shall be
calibrated to trip at 800 amps and this setting shall be sealed.
(4) During each production shift, persons designated by the
operator shall visually examine the trailing cables to ensure that the
cables are in a safe operating condition and that the instantaneous
settings of the specially calibrated circuit breaker settings
stipulated in item (2) do not have seals broken or removed. A record of
this examination shall be kept by the operator and made available to an
authorized representative of the Secretary and to miners in this mine.
(5) Any trailing cable that is not in a safe operating condition
shall be removed from service immediately and repaired or replaced.
(6) Each splice or repair in the trailing cables to the mobile roof
supports shall be made in a workmanlike manner and in accordance with
the instructions of the manufacturer of the splice or repair kit. The
outer jacket of each splice or repair shall be vulcanized with flame-
resistant material or made with material that has been accepted by MSHA
as flame-resistant.
(7) In the event that the mining methods or operating procedures
cause or contribute to the damage of any trailing cable, the cable
shall be removed from service immediately, repaired or replaced and
additional precautions shall be taken to ensure that, in the future,
the cable is protected and maintained in a safe operating condition.
(8) Permanent warning labels shall be installed and maintained on
the cover(s) of each circuit breaker and the trailing cable
disconnecting device(s) indicating that the cable can only be connected
to a circuit breaker that is set to trip at its pre-determined
instantaneous value. These labels shall warn miners not to change or
alter the sealed short-circuit settings and warn them not to connect
the trailing cable to an improperly adjusted circuit breaker.
(c) The miners at West Elk Mine are not represented by a labor
organization and the petition for modification is posted on the mine
bulletin board as of January 21, 2026.
In support of the proposed alternative method, the petitioner has
also submitted copies of previously granted PDOs (Docket No. M-2023-
027-C and M-96-104-C) and copies of fault analyses.
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. 2026-06519 Filed 4-2-26; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on April 3, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.