2026-21174NoticeWallet

Petition for Modification of Application of Existing Mandatory Safety Standards

Published Date: 10/16/2026

Notice

Summary

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.

Analyzed Economic Effects

5 provisions identified: 4 benefits, 1 costs, 0 mixed.

Equipment Age and Replacement Schedule

The petition would require the operator to replace or retire electronic surveying instruments acquired prior to December 31, 2004 within one year after any granted petition becomes final; within three years replace any theodolite acquired more than five years prior to the petition becoming final or any total station/electronic surveying equipment acquired more than ten years prior; and thereafter maintain a purchasing cycle so theodolites are no older than five years and total stations no older than ten years from date of manufacture.

Request to Allow Battery Surveying Gear Underground

Panther Creek Mining, LLC requests that 30 CFR 75.507-1(a) be modified to permit use of battery-powered non-permissible surveying equipment (specifically Topcon 3005 LW Serial #4J12333 and Nikon Nivo 5.M A302275, and similar low-voltage battery-operated total stations/theodolites with 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.

Strict Operational Conditions for Surveying Use

The petition proposes many specific conditions for using non-permissible electronic surveying equipment, including maintaining a logbook with manufacture/purchase dates, weekly examinations by a qualified person with results recorded (entries may be expunged after one year), servicing per manufacturer recommendations with service dates recorded, carrying replacement batteries only in the spare compartment of the carrying case, charging batteries so they are not expected to be replaced during the shift, and requiring MSHA initial inspection before first use under the petition's terms.

Training, Certification, and Recordkeeping Deadlines

The petition would require training specific to the petition's terms: all members of surveying crews and affected personnel must receive training on the petition's terms before using non-permissible equipment in the specified areas; the operator must submit proposed revisions to its approved 30 CFR part 48 training plans within 60 days after any granted petition becomes final; MSHA Certificate of Training (Form 5000-23) must be completed and note surveyor training; annual retraining and records retention are required.

Methane Cutoff and Detector Requirements

The petition would prohibit use of non-permissible surveying equipment when methane is detected at or above 1.0 percent; equipment must be de-energized and withdrawn outby the last open crosscut, out of the return, or more than 150 feet from pillar workings or longwall faces. All hand-held methane detectors used must be MSHA-approved, maintained in permissible condition per 30 CFR 75.320, and provide visual and audible warnings at or above 1.0 percent methane.

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Key Dates

Published Date
Comments Due
10/16/2026
11/16/2026

Department and Agencies

Department
Independent Agency
Agency
Labor Department
Mine Safety and Health Administration
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