Petition for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR

Mine Safety and Health Administration

Petition for Modification of Application of Existing Mandatory Safety Standards

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 Allegheny Metallurgical, LLC.

DATES:

All comments on the petition must be received by MSHA's Office of Standards, Regulations, and Variances on or before July 31, 2026.

ADDRESSES:

You may submit comments identified by Docket No. MSHA-2026-0628 by any of the following methods:

1.

Federal eRulemaking Portal: https://www.regulations.gov.

Follow the instructions for submitting comments for MSHA-2026-0628.

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:

Corliss A. Josephs-Conway, 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:

Corliss A. Josephs-Conway, 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 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-2026-014-C.

Petitioner:

Allegheny Metallurgical, LLC, 7004 Buckhannon Road, Volga, WV 26238.

Mine:

Longview Mine, MSHA ID No. 46-09447, located in Barbour County, West Virginia.

Regulation Affected:

30 CFR 75.503 (Schedule 2G, § 18.35), Permissible electric face equipment; maintenance.

Modification Request:

The petitioner requests modification of 30 CFR 75.503 (Schedule 2G, § 18.35) to permit the use of trailing cables exceeding the length specified in § 18.35.

The petitioner states that:

(a) Longview Mine is requesting a modification of the existing standard as it applies to the length of portable (trailing) cables supplying power to 995 VAC mining equipment including continuous miners, roof bolters, shuttle cars and auxiliary fans. Longview proposes a maximum cable length of 1,000 feet for section equipment during development of mains, sub-mains, three-entry development sections, bleeder, and recovery entries.

(b) Longview Mine is requesting this modification for multiple reasons. First, the mine design has required larger pillars to be left for roof control and longer distances to be traveled for the equipment than originally planned. Second, extended cable would reduce exposures by allowing the mine to eliminate the use of distribution boxes and would allow the power center to be placed in a crosscut instead of leaving the power center in the escapeway entry of three entry sections. Third, 1,000′ cable lengths would reduce the amount of “backlash” of the cables, reducing the potential for cable damage and employee exposure to damaged cables.

(c) The Short-Circuit Calculation Program, developed by MSHA's Approval and Certification Center, was used to evaluate the mine's electrical system and predict the fault current available for the 1,000 feet cables. The short circuit analysis indicated that adequate fault current was available to trip the protective circuit breakers for all listed equipment under a short circuit condition.

(d) Longview Mine is located at 620 Peel Tree Road, Volga, West Virginia. Longview will operate and extract coal from the Lower Kittanning and Upper Mercer coal seams. The average mining height will be 8.5 feet. At the Longview Portal, the Lower Kittanning coal seam is approximately 880 feet below the surface. The mine will be ventilated by a 16-foot diameter intake air shaft and fan which is located at the portal site. A 24-foot combination return and hoist divided shaft will be used for exhaust air and personnel access via a 5-ton rated hoist and cage. The return and personnel combination shaft are located at the portal site. Longview will utilize the room and pillar and longwall mining methods to extract coal and employ approximately 450 coal miners. Additional access for people and supplies will be by a 125-ton mine hoist system which will travel down a 3,500 foot, 15-degree slope. The slope floor will have rail installed for a brake car which personnel can use. The slope entry will also contain a 72-inch mine conveyor in the top portion of the slope, which will transport coal from the seam to the surface. The primary equipment to be utilized on the rail will be diesel equipment, including the use of motors to transport equipment and supplies.

(e) The alternative method will at all times guarantee no less than the same measure of protection afforded the miners under the mandatory standard.

The petitioner proposes the following alternative method:

(a) The maximum lengths of the 995-volt trailing cables shall be 1,000 feet.

(b) The section equipment's trailing cables shall not be smaller than No. 6 American Wire Gauge (AWG). At no time shall a trailing cable be smaller than specified in the approval documentation for the machine.

(c) All circuit breakers used to protect trailing cables exceeding the maximum length specified in 30 CFR 18.35(a)(5)(i) shall have instantaneous trip units

properly calibrated and adjusted to trip at no more than the smallest of the following values:

(1) The setting specified in 30 CFR 75.601-1;

(2) The setting specified in the approval documentation for the machine; or

(3) 70 percent of the minimum phase to phase short circuit current available at the end of the trailing cable.

(d) The calibrated trip setting of these circuit breakers shall be sealed, locked, or protected by other means so that the setting cannot be changed.

(e) These circuit breakers shall have permanent, legible labels indicating the circuit, cable size, maximum cable length and the maximum instantaneous setting. If the trailing cable sizes are intermixed at a section power center, the plugs shall be constructed or designed, for example keyed or sized, to permit only the proper type and length of cable to be plugged into the receptacle with the proper settings.

(f) Replacement instantaneous units used to protect trailing cables affected by this petition shall be calibrated and set in accordance with item (c). This setting shall be sealed, locked or protected by other means.

(g) All components that provide short-circuit protection shall have a sufficient interruption rating in accordance with the maximum calculated fault currents available.

(h) Any trailing cable that is not in safe operating condition shall be removed from service immediately and repaired or replaced.

(i) In the event the mining methods or operating procedures cause or contribute to the damage of any trailing cable, the cable shall be removed from service immediately and repaired or replaced, and additional precautions shall be taken to ensure that, in the future, the cable is protected and maintained in safe operating condition.

(j) 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 kit. The outer jacket of each splice shall be vulcanized with flame resistant material or made with material that has been accepted by MSHA as flame resistant. Splices shall comply with the requirements of 30 CFR 75.603 and 75.604.

(k) At the beginning of each production shift, persons designated by the mine operator shall visually examine trailing cables to ensure that they are in safe operating condition. The instantaneous settings of the specially calibrated circuit breakers shall also be visually examined to ensure that the seals or locks have not been removed and that they are set in accordance with item (c).

(l) Permanent warning labels shall be installed and maintained on the cover(s) of the power center or distribution box identifying the location of each sealed short-circuit protection device. These labels shall warn miners not to change or alter these sealed short-circuit settings.

(m) This petition shall apply to the initial bottom development of the mine and working sections that mine around gas wells or working sections developing mains, submains, three entry panels, bleeder and recovery entries.

(n) This petition shall not be implemented until miners who have been designated to examine the integrity of the seals or locks, to verify the short-circuit settings, and to examine trailing cables for defects and damage, have received training.

(o) Within 60 days after the Proposed Decision and Order (PDO) granted by MSHA becomes final, the petitioner shall submit proposed revisions for its approved part 48 training plan to the District Manager. The proposed revisions shall include initial and refresher training regarding compliance with the terms and conditions of the PDO granted by MSHA.

(p) The miners at Longview Mine are not represented by a labor union and there are no miners' representatives. The petition has been posted on the mine bulletin board on May 13, 2026.

The petitioner asserts that the alternative method will guarantee no less than the same measure of protection afforded the miners under the mandatory standard.

Corliss A. Josephs-Conway,

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

[FR Doc. 2026-13224 Filed 6-30-26; 8:45 am]

BILLING CODE 4520-43-P