SUPPLEMENTARY INFORMATION:

Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act) and Title 30 of the Code of Federal Regulations (30 CFR) part 44 govern the application, processing, and disposition of petitions for modification.

I. Background

Section 101(c) of the 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-2026-011-C.

Petitioner: ICG Beckley, LLC, P.O. Box. 49, Eccles, West Virginia 25836.

Mine: Beckley Pocahontas Mine, MSHA Mine ID No. 46-05252, located in Raleigh County, West Virginia.

Regulation Affected:30 CFR 75.351(h), Atmospheric monitoring systems, Location of sensors—electrical installations.

Modification Request: The petitioner requests modification of standard 30 CFR 75.351(h) to install an atmospheric monitoring system (AMS) within 50 feet downwind of each electrical installation in certain areas of the Beckley Pocahontas Mine.

The petitioner states that:

(a) The Beckley Pocahontas Mine extracts coal from the Pocahontas No. 3 coal seam. The mine has three shafts, one slope, and operates five continuous miner sections which produce coal five to six days per week.

(b) Miners primarily access the mine via the Hunt Intake/Elevator Shaft to the “Bottom Area.” The Bottom Area houses diesel powered personnel carriers which are utilized to transport miners to the working sections and other inby areas of the mine; mine supplies; diesel powered supply motors; a personnel carrier repair shop; and the No. 1 belt head.

(c) Approximately five to seven miners work exclusively in the Bottom Area and along the Nos. 1 and 2 belts each working shift.

(d) The No. 1 belt traverses 21 breaks inby along the North Mains and is ( printed page 38027) ventilated with Belt Intake Air from the Hunt Slope. The No. 2 belt joins at the Northeast Mains and shares the same ventilation source, as do the adjacent travel ways along the Nos. 1 and 2 belts.

(e) There are approximately 18 electrical installations located at the Bottom Area and along the Nos. 1 and 2 belts which are subject to the AMS requirements set forth in 30 CFR 75.351(h). Three electrical installations located further inby along the No. 2 belt are not subject to this petition and will have AMS sensors located within 50 feet. This petition applies only to those installations located in the Belt Intake Air Course in the Bottom Area, No. 1 belt.

(f) The Bottom Area and travel ways along the Nos. 1 and 2 belt experience frequent utilization of diesel-powered equipment. The current placement of AMS units within 50 feet of each electrical installation in these areas has historically resulted in nuisance CO alarms unrelated to detection of fire conditions.

(g) Miners frequently work and travel in this area operating equipment, monitoring and examining the belt and belt structure, and working in and around the diesel shop. The Bottom Area is not a remote location that primarily relies on atmospheric monitoring to detect combustion.

(h) On January 29, 2026, ICG Beckley, LLC submitted a proposed revision to its approved ventilation plan to the MSHA Beckley District Office. The revised ventilation plan would permit the utilization of Belt Intake Air to ventilate certain working sections of the mine. The proposed revision underwent two District reviews and final approval was obtained on February 19, 2026.

(i) The proposed alternative method for atmospheric monitoring of outby electrical installations guarantees no less than the same measure of protection and early fire detection afforded by the existing standard.

The petitioner proposes the following alternative method:

(a) Install five AMS units at strategic locations based upon ventilation modeling and CO transport time analysis to allow for continuous monitoring of CO levels at or below existing MSHA-approved alarm setpoints.

(b) Airflow volume in the petition area is approximately 108,297 cubic feet per minute, with average air velocities of 505 feet per minute. At this velocity, the CO detection time at the strategically placed AMS units would be:

(1) Longest—128 seconds (from electrical installation at the elevator air lock doors); and

(2) Shortest—9 seconds (from the electrical installations at 9 break to the AMS units at 10 break).

(c) The five AMS units create overlapping coverage zones which cover all electrical installations in the Bottom Area, the Nos. 1 and 2 belt, and associated travel ways. Ventilation models show no dead air zones exist between any electrical installation and proposed AMS unit location.

(d) The proposed AMS unit configuration will reduce nuisance alarms while maintaining early fire detection capability, enhancing AMS alarm reliability, improving miner confidence in alarm signals, and promoting prompt and effective response to fire conditions.

(e) The AMS units will continue to comply with applicable fire detection, suppression, examination, and response requirements including immediate alarm transmission to the surface monitoring station, identical fire response procedures, and reevaluation of AMS placement upon any material change in ventilation quantity, direction, or electrical installation location.

(f) In support of the proposed alternative method, ICG Beckley, LLC has also submitted a table that depicts air flow volume under the approved ventilation change and a map of the proposed locations of the five AMS units in the Bottom Area, No. 1 belt.

(g) A copy of the petition was mailed to the miners' representative on April 15, 2026. A copy of the petition was also posted on the mine bulletin board on April 6, 2026.

91 FR 38026