Mountain Coal Company petitions MSHA for safety standards modification

Legal Status This site displays a prototype of a “Web 2.0” version of the daily
Federal Register. It is not an official legal edition of the Federal
Register, and does not replace the official print version or the official
electronic version on GPO’s govinfo.gov.

The documents posted on this site are XML renditions of published Federal
Register documents. Each document posted on the site includes a link to the
corresponding official PDF file on govinfo.gov. This prototype edition of the
daily Federal Register on FederalRegister.gov will remain an unofficial
informational resource until the Administrative Committee of the Federal
Register (ACFR) issues a regulation granting it official legal status.
For complete information about, and access to, our official publications
and services, go to About the Federal Register on NARA's archives.gov.

The OFR/GPO partnership is committed to presenting accurate and reliable
regulatory information on FederalRegister.gov with the objective of
establishing the XML-based Federal Register as an ACFR-sanctioned
publication in the future. While every effort has been made to ensure that
the material on FederalRegister.gov is accurately displayed, consistent with
the official SGML-based PDF version on govinfo.gov, those relying on it for
legal research should verify their results against an official edition of
the Federal Register. Until the ACFR grants it official status, the XML
rendition of the daily Federal Register on FederalRegister.gov does not
provide legal notice to the public or judicial notice to the courts.

Legal Status

Notice

Petition for Modification of Application of Existing Mandatory Safety Standards

A Notice by the Mine Safety and Health Administration on 04/03/2026

• 1.

1.
This document has a comment period that ends in 31 days.
(05/04/2026) View Comment Instructions

Thank you for taking the time to create a comment. Your input is important.

Once you have filled in the required fields below you can preview and/or submit your comment to the Labor Department for review. All comments are considered public and will be posted online once the Labor Department has reviewed them.

You can view alternative ways to comment or you may also comment via Regulations.gov at /documents/2026/04/03/2026-06519/petition-for-modification-of-application-of-existing-mandatory-safety-standards.

It appears that you have attempted to comment on this document before
so we've restored your progress.
Start over.
1.
2. Comment * What is your comment about? Upload File(s) Note: You can attach your comment as a file and/or attach supporting
documents to your comment. Attachment Requirements.

Email this will NOT be posted on regulations.gov

Opt to receive email confirmation of submission and tracking number? Tell us about yourself! I am... * An Individual An Organization Anonymous First Name * Last Name * City Region State Alabama Alaska American Samoa Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Guam Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virgin Islands Virginia Washington West Virginia Wisconsin Wyoming Zip Country Afghanistan Åland Islands Albania Algeria American Samoa Andorra Angola Anguilla Antarctica Antigua and Barbuda Argentina Armenia Aruba Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bermuda Bhutan Bolivia, Plurinational State of Bonaire, Sint Eustatius and Saba Bosnia and Herzegovina Botswana Bouvet Island Brazil British Indian Ocean Territory Brunei Darussalam Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Cape Verde Cayman Islands Central African Republic Chad Chile China Christmas Island Cocos (Keeling) Islands Colombia Comoros Congo Congo, the Democratic Republic of the Cook Islands Costa Rica Côte d'Ivoire Croatia Cuba Curaçao Cyprus Czech Republic Denmark Djibouti Dominica Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Ethiopia Falkland Islands (Malvinas) Faroe Islands Fiji Finland France French Guiana French Polynesia French Southern Territories Gabon Gambia Georgia Germany Ghana Gibraltar Greece Greenland Grenada Guadeloupe Guam Guatemala Guernsey Guinea Guinea-Bissau Guyana Haiti Heard Island and McDonald Islands Holy See (Vatican City State) Honduras Hong Kong Hungary Iceland India Indonesia Iran, Islamic Republic of Iraq Ireland Isle of Man Israel Italy Jamaica Japan Jersey Jordan Kazakhstan Kenya Kiribati Korea, Democratic People's Republic of Korea, Republic of Kuwait Kyrgyzstan Lao People's Democratic Republic Latvia Lebanon Lesotho Liberia Libya Liechtenstein Lithuania Luxembourg Macao Macedonia, the Former Yugoslav Republic of Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Martinique Mauritania Mauritius Mayotte Mexico Micronesia, Federated States of Moldova, Republic of Monaco Mongolia Montenegro Montserrat Morocco Mozambique Myanmar Namibia Nauru Nepal Netherlands New Caledonia New Zealand Nicaragua Niger Nigeria Niue Norfolk Island Northern Mariana Islands Norway Oman Pakistan Palau Palestine, State of Panama Papua New Guinea Paraguay Peru Philippines Pitcairn Poland Portugal Puerto Rico Qatar Réunion Romania Russian Federation Rwanda Saint Barthélemy Saint Helena, Ascension and Tristan da Cunha Saint Kitts and Nevis Saint Lucia Saint Martin (French part) Saint Pierre and Miquelon Saint Vincent and the Grenadines Samoa San Marino Sao Tome and Principe Saudi Arabia Senegal Serbia Seychelles Sierra Leone Singapore Sint Maarten (Dutch part) Slovakia Slovenia Solomon Islands Somalia South Africa South Georgia and the South Sandwich Islands South Sudan Spain Sri Lanka Sudan Suriname Svalbard and Jan Mayen Swaziland Sweden Switzerland Syrian Arab Republic Taiwan, Province of China Tajikistan Tanzania, United Republic of Thailand Timor-Leste Togo Tokelau Tonga Trinidad and Tobago Tunisia Turkey Turkmenistan Turks and Caicos Islands Tuvalu Uganda Ukraine United Arab Emirates United Kingdom United States United States Minor Outlying Islands Uruguay Uzbekistan Vanuatu Venezuela, Bolivarian Republic of Viet Nam Virgin Islands, British Virgin Islands, U.S. Wallis and Futuna Western Sahara Yemen Zambia Zimbabwe Phone Organization Type * Company Organization Federal State Local Tribal Regional Foreign U.S. House of Representatives U.S. Senate Organization Name * You are filing a document into an official docket. Any personal
information included in your comment text and/or uploaded
attachment(s) may be publicly viewable on the web. I read and understand the statement above.

2. Preview Comment Please review the Regulations.gov privacy notice and user notice.
3. Document Details Published Content - Document Details Agencies Department of Labor Mine Safety and Health Administration Document Citation 91 FR 16983 Document Number 2026-06519 Document Type Notice Pages 16983-16985 (3 pages) Publication Date 04/03/2026 Published Content - Document Details

• PDF Official Content
  • View printed version (PDF) Official Content
• Document Details Published Content - Document Details Agencies Department of Labor Mine Safety and Health Administration Document Citation 91 FR 16983 Document Number 2026-06519 Document Type Notice Pages 16983-16985 (3 pages) Publication Date 04/03/2026 Published Content - Document Details
• Document Dates Published Content - Document Dates Comments Close 05/04/2026 Dates Text All comments on the petition must be received by MSHA's Office of Standards, Regulations, and Variances on or before May 4, 2026. Published Content - Document Dates

• Table of Contents Enhanced Content - Table of Contents This table of contents is a navigational tool, processed from the
  headings within the legal text of Federal Register documents.
  This repetition of headings to form internal navigation links
  has no substantive legal effect.

  • AGENCY:
  • ACTION:
  • SUMMARY:
  • DATES:
  • ADDRESSES:
  • FOR FURTHER INFORMATION CONTACT:
  • SUPPLEMENTARY INFORMATION:
  • I. Background
  • II. Petition for Modification Enhanced Content - Table of Contents

• Public Comments Enhanced Content - Public Comments Comments are being accepted - View Comment Instructions.

Enhanced Content - Public Comments
- Regulations.gov Data Enhanced Content - Regulations.gov Data Additional information is not currently available for this document.

Enhanced Content - Regulations.gov Data

- Sharing Enhanced Content - Sharing Shorter Document URL https://www.federalregister.gov/d/2026-06519 Email Email this document to a friend Enhanced Content - Sharing

• Print Enhanced Content - Print
  • Print this document Enhanced Content - Print
• Other Formats Enhanced Content - Other Formats This document is also available in the following formats:

JSON Normalized attributes and metadata XML Original full text XML MODS Government Publishing Office metadata More information and documentation can be found in our developer tools pages.

Enhanced Content - Other Formats
- Public Inspection Public Inspection This PDF is FR Doc. 2026-06519 as it appeared on Public Inspection on
04/02/2026 at 8:45 am.

It was viewed
6
times while on Public Inspection.

If you are using public inspection listings for legal research, you
should verify the contents of the documents against a final, official
edition of the Federal Register. Only official editions of the
Federal Register provide legal notice of publication to the public and judicial notice
to the courts under 44 U.S.C. 1503 & 1507. Learn more here.

Public Inspection
Published Document: 2026-06519 (91 FR 16983) This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Document Headings Document headings vary by document type but may contain
the following:

1. the agency or agencies that issued and signed a document
2. the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to
3. the agency docket number / agency internal file number
4. the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details.

Department of Labor

Mine Safety and Health Administration

AGENCY:

Mine Safety and Health Administration, Labor.

ACTION:

Notice.

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: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA-2026-0199.

2. Fax: 202-693-9441.

3. Email: petitioncomments@dol.gov.

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), Petitionsformodification@dol.gov (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 ( printed 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: ( printed 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

Published Document: 2026-06519 (91 FR 16983)