Petition for Modification of Application of Existing Mandatory Safety Standards
Published Date: 10/16/2026
Notice
Summary
Panther Creek Mining, LLC wants to change some safety rules at their mine to use a different method that keeps miners just as safe. They believe the new way works just as well and might even improve safety. Everyone has until November 16, 2026, to share their thoughts, and this could affect how mining safety is managed without extra costs.
Analyzed Economic Effects
7 provisions identified: 3 benefits, 4 costs, 0 mixed.
Allows battery-powered survey gear underground
Panther Creek seeks permission to use specific battery-powered, non-permissible electronic surveying instruments (Topcon 3005 LW and Nikon Nivo 5.M) in or inby the last open crosscut, in the return, or within 150 feet of pillar workings or longwall faces, subject to the Petition's conditions.
Methane monitoring and 1.0% cutoff rule
The Petition requires that non-permissible surveying equipment not be used if methane is detected at or above 1.0 percent; equipment must be de-energized and withdrawn if 1.0% methane is detected, and methane tests must be made per 30 CFR 75.323 before energizing equipment. Hand-held methane detectors must be MSHA-approved and give visual and audible warnings at or above 1.0 percent.
Equipment inspection, logbook, and replacement schedule
The Petition requires pre-shift and weekly examinations (recorded in a logbook), logging date of manufacture/purchase, service records and descriptions, battery inspections, and specific replacement/retirement schedules: instruments acquired before December 31, 2004 must be replaced or retired within one year of the Petition becoming final; within three years replace theodolites older than five years and total stations older than ten years; thereafter maintain theodolites no older than five years and total stations no older than ten years.
Continuous monitoring and crew monitoring rules
A qualified person must continuously monitor for methane immediately before and during use of non-permissible surveying equipment; if the surveying crew has two people the second person must also continuously monitor (or be in training to become qualified), and a single-person crew must monitor with two separate devices.
Training and training-plan timing requirements
If granted, within 60 days the operator must submit proposed revisions to its 30 CFR part 48 training plans to include initial and refresher training on the Petition's terms; surveyors and affected personnel must be trained before use, with annual retraining and records (MSHA Form 5000-23) documenting surveyor training.
Production and ventilation restrictions during surveying
Non-permissible surveying equipment may be used while production occurs only under conditions: not downwind of face ventilation discharge; only in a separate split of air from production; not in a split where ventilation controls will be disrupted; if ventilation is disrupted during surveying production must stop until controls are reestablished; all disruptions must be recorded in the logbook.
Battery handling and MSHA pre-use inspection
Batteries must be charged or changed out in intake air outby the last open crosscut, out of the return, and more than 150 feet from pillar workings or longwall faces; spare batteries must be carried only in the instrument's spare compartment and instruments must be initially inspected by MSHA before being put into service under the Petition.
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Key Dates
Department and Agencies
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Panther Creek Mining, LLC is asking to change some safety rules at their mine to use a different method that keeps miners just as safe. This petition could affect how safety standards are applied at their site and might save time or money without risking anyone’s safety. If you want to share your thoughts, you need to comment by November 16, 2026.
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Next: 2026-21174, Petition for Modification of Application of Existing Mandatory Safety Standards
Panther Creek Mining, LLC is asking to change some safety rules at their mine to use a different method that keeps miners just as safe. This petition could affect how safety standards are applied at their site and might save time or money without risking anyone’s safety. Comments on this request must be sent by November 16, 2026, so everyone has a chance to weigh in.