Petition for Modification of Application of Existing Mandatory Safety Standards

Issuing agencies

Abstract

This notice is a summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by Panther Creek Mining, LLC.

Full Text

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<title>Federal Register, Volume 91 Issue 199 (Friday, October 16, 2026)</title>
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[Federal Register Volume 91, Number 199 (Friday, October 16, 2026)]
[Notices]
[Pages 65790-65792]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21175]


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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 
Panther Creek Mining, LLC.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before November 16, 
2026.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2026-
0795 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-2026-0795.
    2. Fax: 202-693-9441.
    3. Email: <a href="/cdn-cgi/l/email-protection#700015041904191f1e131f1d1d151e040330141f1c5e171f06"><span class="__cf_email__" data-cfemail="f28297869b869b9d9c919d9f9f979c8681b2969d9edc959d84">[email&#160;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: Corliss A. Josephs-Conway, 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: Corliss A. Josephs-Conway, Office of 
Standards, Regulations, and Variances at 202-693-9440 (voice), 
<a href="/cdn-cgi/l/email-protection#f7a792839e839e9899849198859a98939e919e9496839e9899b793989bd9909881"><span class="__cf_email__" data-cfemail="e4b481908d908d8b8a97828b96898b808d828d8785908d8b8aa4808b88ca838b92">[email&#160;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-2026-020-C.
    Petitioner: Panther Creek Mining, LLC, 1345 Elk Ridge Road, 
Powellton, West Virginia 25161.
    Mine: Maple Eagle East Deep Mine, MSHA ID No. 46-09416, located in 
Fayette County, West Virginia.
    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) to permit the use of battery-
powered non-permissible surveying equipment within 150 feet of pillar 
workings. Specifically, the petitioner is requesting to permit the use 
of Topcon 3005 LW and Nikon Nivo 5.M total stations.
    The petitioner states that:
    (a) The petitioner seeks modification of 30 CFR 75.1002(a), as it 
pertains to the use of battery-powered non-permissible surveying 
equipment, including, but not limited to, portable battery operated 
mine transits, total station surveying equipment, distance meters and 
data loggers.
    (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) The petitioner seeks modification of 30 CFR 75.1002(a) as it 
applies to use of battery-powered non-permissible surveying equipment.
    (d) In order to comply with requirements of 30 CFR 75.372, and 
Sec.  75.1200, use of the most practical and accurate surveying 
equipment is necessary. In order to ensure the safety of the miners in 
active mines and to protect miners in future mines which may mine in 
close proximity to these same active mines it is necessary to determine 
the exact location and extents of the mine workings.
    (e) Mechanical surveying equipment has been obsolete for a number 
of years. Such equipment of acceptable quality is not commercially 
available. Further, it is difficult, if not impossible, to have such 
equipment serviced or repaired.
    (f) Electronic surveying equipment is, at a minimum, 8-10 times 
more accurate than mechanical equipment.
    (g) The mine utilizes the continuous miner method of mining.
    (h) Accurate surveying is critical to the safety of the miners at 
the Maple Eagle East Deep Mine.
    (i) Application of this standard would result in a diminution of 
safety to miners. Underground mining by its nature, size and complexity 
of mine plans require that accurate and precise measurements be 
completed in a prompt and efficient manner.
    (j) The petitioner seeks an alternative method to the mandatory 
safety standard, asserting it will at all times guarantee no less than 
the same measure

[[Page 65791]]

of protection afforded the miners under the mandatory standard.
    The petitioner proposes the following alternative method:
    (a) The operator may use the following total stations and 
theodolites and similar low voltage battery-operated total stations and 
theodolites if they have an IP rating of 66 or greater in or inby the 
last open crosscut, in the return, or within 150 feet of pillar 
workings or longwall faces subject to the conditions of this Petition:
    (1) Topcon 3005 LW--Serial #4J12333.
    (2) Nikon Nivo 5.M--A302275.
    (b) The equipment allowed under this Petition is low voltage or 
battery powered non-permissible total stations and theodolites. All 
non-permissible electronic total stations and theodolites shall have an 
IP 66 or greater rating.
    (c) The operator will maintain a logbook for electronic surveying 
equipment with the equipment, or in the location where mine record 
books are kept or in the location where the surveying record books are 
kept. The log book will contain the date of manufacture and/or purchase 
of each particular piece of electronic surveying equipment. The logbook 
shall be made available to MSHA upon request.
    (d) All non-permissible electronic surveying equipment to be used 
in or inby the last open crosscut, in the return, or within 150 feet of 
pillar workings or longwall faces shall be examined by the person to 
operate the equipment prior to taking the equipment underground to 
ensure the equipment is being maintained in a safe operating condition. 
These examinations shall include:
    (1) Check the instrument for any physical damage and the integrity 
of the case;
    (2) Remove the battery and inspect for corrosion;
    (3) Inspect the contact points to ensure a secure connection to the 
battery;
    (4) Reinsert the battery and power up and shut down to ensure 
proper connections; and
    (5) Check the battery compartment cover or battery attachment to 
ensure that it is securely fastened.
    (e) The results of this examination will be recorded in the 
logbook.
    (f) The equipment shall be examined at least weekly by a qualified 
person as defined in 30 CFR 75.153; the examination results shall be 
recorded weekly in the equipment's log book. Examination entries in the 
logbook may be expunged after one year.
    (g) The operator is to ensure that all non-permissible electronic 
surveying equipment is serviced according to the manufacturer's 
recommendations.
    (h) Dates of service will be recorded in the equipment's log book 
and shall include a description of the work performed.
    (i) The non-permissible surveying equipment that will be used in or 
inby the last open crosscut, in the return, or within 150 feet of 
pillar workings or longwall faces shall not be put into service until 
MSHA has initially inspected the equipment and determined that it is in 
compliance with all the terms and conditions of this Petition.
    (j) Non-permissible surveying equipment shall not be used if 
methane is detected in concentrations at or above 1.0 percent methane. 
When 1.0 percent or more of methane is detected while the non-
permissible surveying equipment is being used, the equipment shall be 
de-energized immediately and the non-permissible electronic equipment 
withdrawn outby the last open crosscut, out of the return, or more than 
150 feet from pillar workings or longwall faces. Prior to entering in 
or inby the last open crosscut, in the return, or within 150 feet of 
pillar workings or longwall faces, all requirements of 30 CFR 75.323 
must be complied with.
    (k) As an additional safety check, prior to setting up and 
energizing non-permissible electronic surveying equipment in or inby 
the last open crosscut, in the return, or within 150 feet of pillar 
workings or longwall faces, the surveyor(s) shall conduct a visual 
examination of the immediate area for evidence that the areas appear to 
be sufficiently rock-dusted and for the presence of accumulated float 
coal dust. If the rock-dusting appears insufficient or the presence of 
accumulated float coal dust is observed, the equipment may not be 
energized until sufficient rock dust has been applied and/or the 
accumulations of float coal dust have been cleaned-up. If non-
permissible electronic surveying equipment is to be used in an 
unrockdusted area within 40 feet of a working face where a continuous 
mining machine is used to extract coal, the area is to be rock-dusted 
prior to energizing the electronic surveying equipment.
    (l) All hand-held methane detectors shall be MSHA-approved and 
maintained in permissible and proper operating condition as defined by 
30 CFR 75.320. All methane detectors must provide visual and audible 
warnings when methane is detected at or above 1.0 percent.
    (m) Prior to energizing any of the non-permissible surveying 
equipment in or inby the last open crosscut, in the return, or within 
150 feet of pillar workings or longwall faces, methane tests must be 
made in accordance with 30 CFR 75.323(a).
    (n) All areas to be surveyed must be pre-shifted according to 30 
CFR 75.360 prior to surveying. If the area was not pre-shifted, a 
supplemental examination according to 30 CFR 75.361 must be performed 
before any non-certified person enters the area. If the area has been 
examined according to 30 CFR 75.360 or 30 CFR 75.361, additional 
examination is not required.
    (o) A qualified person as defined in existing 30 CFR 75.151 shall 
continuously monitor for methane immediately before and during the use 
of non-permissible surveying equipment in or inby the last open 
crosscut, in the return, or within 150 feet of pillar workings or 
longwall faces.
    (p) A second person in the surveying crew, if there are two people 
in the crew, must also continuously monitor for methane. That person 
must either be a qualified person as defined in 30 CFR 75.151 or be in 
the process of being trained to be a qualified person but has yet to 
``make such tests for a period of 6 months'' as required by 30 CFR 
75.150. Upon completion of the 6 month training period the second 
person on the surveying crew must become qualified in order to continue 
on the surveying crew. If the surveying crew consists of one person, 
rather than two, such person shall monitor for methane with two 
separate devices.
    (q) Batteries contained in the surveying equipment must be 
``changed out'' or ``charged'' in intake air outby the last open 
crosscut, out of the return and more than 150 feet away from pillar 
workings or the longwall face.
    (r) Replacement batteries for the electronic surveying equipment 
shall be carried only in the compartment provided for a spare battery 
in the electronic equipment carrying case. Before each shift of 
surveying, all batteries for the electronic surveying equipment must be 
charged sufficiently that they are not expected to be replaced on that 
shift.
    (s) When using non-permissible electronic surveying equipment in or 
inby the last open crosscut, in the return, or within 150 feet of the 
pillar workings or longwall faces, the surveyor must confirm by 
measurement or by inquiry of the person in charge of the section, that 
the air quantity on the section, on that shift, in the last open 
crosscut is at least the minimum quantity that is required by the 
mine's ventilation plan.

[[Page 65792]]

    (t) Personnel engaged in the use of surveying equipment shall be 
properly trained to recognize the hazards and limitations associated 
with the use of surveying equipment in areas where methane could be 
present.
    (u) All members of the surveying crew shall receive specific 
training on the terms and conditions of this Petition before using non-
permissible electronic equipment in or inby the last open crosscut, in 
the return, or within 150 feet of the pillar workings or longwall face. 
A record of the training shall be kept with the other training records.
    (v) Within 60 days after any granted Petition becomes final, the 
operator shall submit proposed revisions for its approved 30 CFR part 
48 training plans to the Coal Mine Safety and Health District Manager. 
These proposed revisions shall specify initial and refresher training 
regarding the terms and conditions stated in this Petition. When 
training is conducted on the terms and conditions in this Petition, an 
MSHA Certificate of Training (Form 5000-23) shall be completed. 
Comments shall be included on the Certificate of Training indicating 
that it was surveyor training.
    (w) The operator shall replace or retire from service any 
electronic surveying instrument that was acquired prior to December 31, 
2004 within one year of this Petition becoming final. Within three 
years of the date that any granted Petition becomes final, the operator 
shall replace or retire from service any theodolite that was acquired 
more than five years prior to the date that this Petition became final 
or any total station or the other electronic surveying equipment 
identified in this Petition acquired more than ten years prior to the 
date that this Petition became final. After five years, the operator 
will maintain a cycle of purchasing new electronic surveying equipment 
whereby theodolites will be no older than five years from date of 
manufacture and total stations and other electronic surveying equipment 
will be no older than 10 years from date of manufacture.
    (x) The operator is responsible for seeing that all surveying 
contractors hired by the operator are using electronic equipment in 
accordance with the requirements of Condition Number 18 in this 
Petition. The conditions of use in this Petition shall apply to all 
non-permissible electronic surveying equipment used in or inby the last 
open crosscut, in a return, or within 150 feet of pillar workings or 
longwall faces regardless of whether the equipment is used by the 
operator or by an independent contractor.
    (y) Non-permissible surveying equipment may be used when production 
is occurring, subject to these conditions:
    (1) On an MMU where production is occurring, non-permissible 
electronic surveying equipment shall not be used downwind of the 
discharge point of any face ventilation controls, such as tubing 
(including controls such as ``baloney skins'') or curtains.
    (2) Production may continue while non-permissible electronic 
surveying equipment is used, if the surveying equipment is used in a 
separate split of air from where production is occurring.
    (3) Non-permissible surveying equipment shall not be used in a 
split of air ventilating an MMU if any ventilation controls will be 
disrupted during such surveying. Disruption of ventilation controls 
means any change to the mine's ventilation system that causes the 
ventilation system not to function in accordance with the mine's 
approved ventilation plan.
    (4) If, while surveying, a surveyor must disrupt ventilation, the 
surveyor shall cease surveying and communicate to the section foreman 
that ventilation must be disrupted. Production must stop while 
ventilation is disrupted. Ventilation controls must be reestablished 
immediately after the disruption is no longer necessary. Production can 
only resume after all ventilation controls are reestablished and are in 
compliance with approved ventilation or other plans, and other 
applicable laws, standards, or regulations.
    (5) Any disruption in ventilation shall be recorded in the logbook 
required by this Petition. The logbook shall include a description of 
the nature of the disruption, the location of the disruption, the date 
and time of the disruption, the date and time the surveyor communicated 
the disruption to the section foreman, the date and time production 
ceased, the date and time ventilation was reestablished, and the date 
and time production resumed.
    (6) All surveyors, section foremen, section crew members, and other 
personnel who will be involved with or affected by surveying operations 
shall receive training in accordance with 30 CFR 48.7 on the 
requirements of this Petition within 60 days of the date this Petition 
becomes final. Such training must be completed before any non-
permissible surveying equipment can be used while production is 
occurring. The operator shall keep a record of such training and 
provide such record to MSHA upon request.
    (7) The operator shall provide annual retraining to all personnel 
who will be involved with or affected by surveying operations in 
accordance with 30 CFR 48.8. The operator shall train new miners on the 
requirements of this Petition in accordance with 30 CFR 48.5, and shall 
train experienced miners, as defined in 30 CFR 48.6, on the 
requirements of this Petition in accordance with 30 CFR 48.6. The 
operator shall keep a record of such training and provide such record 
to MSHA upon request.
    The miners at Maple Eagle East Deep Mine are not represented by a 
labor organization and this petition is posted on the mine bulletin 
board as of June 26, 2026. The petitioner asserts that the alternative 
method will guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard. In support of the 
proposed alternative method, the petitioner has also submitted 
specification sheets for the Topcon 3005 LW and Nikon Nivo 5.M.

Corliss A. Josephs-Conway,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2026-21175 Filed 10-15-26; 8:45 am]
BILLING CODE 4520-43-P


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