2026-21175NoticeWallet

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. If you want to share your thoughts, you need to comment by November 16, 2026.

Analyzed Economic Effects

4 provisions identified: 1 benefits, 3 costs, 0 mixed.

Equipment replacement timelines and age limits

The operator must replace or retire electronic surveying instruments acquired prior to December 31, 2004 within one year after this Petition becomes final. Within three years after a granted Petition becomes final, the operator must replace/the retire 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. After five years the operator must keep a cycle where theodolites are no older than five years and total stations no older than ten years from manufacture.

Allow specified battery surveying within 150 feet

The petitioner asks to allow use of battery-powered, non-permissible electronic surveying equipment (specifically Topcon 3005 LW and Nikon Nivo 5.M and other low-voltage units with an IP66 rating) in or inby the last open crosscut, in the return, or within 150 feet of pillar workings or longwall faces. Use of this equipment must meet conditions including MSHA initial inspection before service, continuous methane monitoring, and immediate shutdown/withdrawal if methane reaches 1.0 percent.

Mandatory inspections, logbooks, and weekly checks

If granted, non-permissible electronic surveying equipment must have a maintained logbook with date of manufacture/purchase; be examined by the operator before taking underground; be examined at least weekly by a qualified person with results recorded (entries may be expunged after one year); and be serviced per manufacturer recommendations with service dates recorded. MSHA must initially inspect equipment before it is put into service under the Petition.

Use during production limited by ventilation rules

The petition would allow non-permissible surveying equipment to be used while production is occurring only under conditions: not downwind of face ventilation discharge points; used in a separate split of air from production; not used in a split if ventilation controls will be disrupted; surveying that disrupts ventilation requires stopping production until ventilation is reestablished. Any ventilation disruption must be recorded in the petition logbook, and certain training (initial within 60 days and annual retraining) is required before such use during production.

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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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