Document

Affirmative Decisions on Petitions for Modification Granted in Whole or in Part

The Federal Mine Safety and Health Act of 1977, as amended, governs the application, processing, and disposition of petitions for modification of mandatory safety standards. Any...

Department of Labor
Mine Safety and Health Administration

AGENCY:

Mine Safety and Health Administration (MSHA), Labor.

ACTION:

Notice.

SUMMARY:

The Federal Mine Safety and Health Act of 1977, as amended, governs the application, processing, and disposition of petitions for modification of mandatory safety standards. Any mine operator or representative of miners may petition for an alternative method of complying with an existing safety standard. MSHA reviews the content of each submitted petition, assesses the equipment and system(s) proposed at the mine in question, and ultimately issues a decision on the petition. This notice includes a list of petitions for modification that were granted, after MSHA's review and investigation, between January 1, 2026, and June 30, 2026.

ADDRESSES:

Copies of the final decisions are posted on MSHA's website at www.msha.gov/​regulations/​rulemaking/​petitions-modification. The public may inspect the petitions and final decisions in person at MSHA. To arrange an in-person visit, call 202-693- ( printed page 65793) 9440 or contact .

FOR FURTHER INFORMATION CONTACT:

Corliss A. Josephs-Conway, Acting Director, Office of Standards, Regulations, and Variances, MSHA at 202-693-9440 (voice) or (email). This is not a toll-free number.

SUPPLEMENTARY INFORMATION:

I. Introduction

Under section 101(c) of the Federal Mine Safety and Health Act of 1977, as amended, any mine operator or representative of miners may petition to use an alternative approach to comply with a mandatory safety standard. In response, the Secretary of Labor (Secretary) may modify the application of a mandatory safety standard to that mine if the Secretary determines that: (1) an alternative method exists that will guarantee no less protection for the miners affected than that provided by the standard; or (2) the application of the mandatory safety standard will result in a diminution of safety to the affected miners.

MSHA bases the final decision on the petitioner's statements, any comments and information submitted by interested persons, and a field investigation of the proposed equipment, system(s), and conditions at the mine. In some instances, MSHA may grant a petition for modification on the condition that the mine operator complies with other requirements noted in the decision. In other instances, MSHA may deny, dismiss, or revoke a petition for modification. In accordance with 30 CFR 44.5, MSHA publishes every final action granting a petition for modification.

II. Granted Petitions for Modification

On the basis of the findings of MSHA's investigations, MSHA granted or partially granted the petitions for modification below. The previous Federal Register notice (91 FR 16979) included petitions granted through December 31, 2025. This notice includes petitions granted between January 1, 2026, and June 30, 2026. The granted petitions are shown in the order that MSHA received them.

  • Docket Number: M-2025-048-C.

FR Notice:90 FR 31698 (7/15/25).

Petitioner: Patton Mining, LLC, P.O. Box 457, Hillsboro, IL 62049.

Mine: Deer Run Mine, MSHA ID No. 11-03182, located in Montgomery County, IL.

Regulation Affected:30 CFR 18.35(a)(5)(i), Portable (trailing) cables and cords.

  • Docket Number: M-2025-049-C.

FR Notice:90 FR 44726 (9/16/2025).

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 75.1909(b)(6), Nonpermissible diesel-powered equipment; design and performance requirements.

  • Docket Number: M-2025-054-C.

FR Notice:90 FR 44400 (9/15/25).

Petitioner: Century Mining, LLC, 7004 Buckhannon Road, Volga, WV 26238.

Mine: Longview Mine, MSHA ID No. 46-09447, located in Barbour County, WV.

Regulation Affected:30 CFR 75.500(d), Permissible electric equipment.

  • Docket Number: M-2025-055-C.

FR Notice:90 FR 44398 (9/15/25).

Petitioner: Century Mining, LLC, 7004 Buckhannon Road, Volga, WV 26238.

Mine: Longview Mine, MSHA ID No. 46-09447, located in Barbour County, WV.

Regulation Affected:30 CFR 75.507-1(a), Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements.

  • Docket Number: M-2025-056-C.

FR Notice:90 FR 44399 (9/15/25).

Petitioner: Century Mining, LLC, 7004 Buckhannon Road, Volga, WV 26238.

Mine: Longview Mine, MSHA ID No. 46-09447, located in Barbour County, WV.

Regulation Affected:30 CFR 75.1002(a), Installation of electric equipment and conductors; permissibility.

  • Docket Number: M-2025-004-M.

FR Notice:91 FR 1205 (1/12/26).

Petitioner: Kennecott Utah Copper, LLC, 4700 Daybreak Parkway, South Jordan, UT 84095.

Mine: Kennecott Keystone Underground, MSHA ID No. 42-01392, located in Salt Lake County, UT.

Regulation Affected:30 CFR 57.11052, Refuge areas.

  • Docket Number: M-2025-057-C.

FR Notice:91 FR 1207 (1/12/26).

Petitioner: Greenbrier Smokeless Coal Mining, LLC, 4547 Anjean Road, Rupert, WV 25984.

Mine: Mountaineer Pocahontas No. 1 Mine, MSHA ID No. 46-09172, located in Greenbrier County, WV.

Regulation Affected:30 CFR 75.312(c), Main mine fan examinations and records.

  • Docket Number: M-2026-001-C.

FR Notice:91 FR 16988 (4/3/26).

Petitioner: Kepler Processing Company, LLC, 3864 R.D. Bailey Highway State Route 97, Pineville, WV 24874.

Mine: Kepler No. 1 Prep Plant, MSHA ID No. 46-04637, located in Wyoming County, WV.

Regulation Affected:30 CFR 77.214(a), Refuse Piles; general.

  • Docket Number: M-2026-002-C.

FR Notice:91 FR 16985 (4/3/26).

Petitioner: Marfork Coal Company, LLC, Workman Creek Road Route 1, Clear Creek, WV 25044.

Mine: Glen Alum Tunnel Mine, MSHA ID No. 46-09375, located in Raleigh County, WV.

Regulation Affected:30 CFR 75.500(d), Permissible electric equipment.

  • Docket Number: M-2026-003-C.

FR Notice:91 FR 16981 (4/3/26).

Petitioner: Marfork Coal Company, LLC, Workman Creek Road Route 1, Clear Creek, WV 25044.

Mine: Glen Alum Tunnel Mine, MSHA ID No. 46-09375, located in Raleigh County, WV.

Regulation Affected:30 CFR 75.507-1(a), Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements.

  • Docket Number: M-2026-004-C.

FR Notice:91 FR 16977 (4/3/26).

Petitioner: Marfork Coal Company, LLC, Workman Creek Road Route 1, Clear Creek, WV 25044.

Mine: Glen Alum Tunnel Mine, MSHA ID No. 46-09375, located in Raleigh County, WV.

Regulation Affected:30 CFR 75.1002(a), Installation of electric equipment and conductors; permissibility.

Corliss A. Josephs-Conway,

Acting Director, Office of Standards, Regulations, and Variances.

[FR Doc. 2026-21213 Filed 10-15-26; 8:45 am]

BILLING CODE 4520-43-P

Legal Citation

Federal Register Citation

Use this for formal legal and research references to the published document.

91 FR 65792

Web Citation

Suggested Web Citation

Use this when citing the archival web version of the document.

“Affirmative Decisions on Petitions for Modification Granted in Whole or in Part,” thefederalregister.org (October 16, 2026), https://thefederalregister.org/documents/2026-21213/affirmative-decisions-on-petitions-for-modification-granted-in-whole-or-in-part.