(a) A petition for modification filed pursuant to §44.10 shall contain:
(1) The name and address of the petitioner.
(2) The mailing address and mine identification number of
the mine or mines affected.
(3) The mandatory safety standard to which the petition is
(4) A concise statement of the modification requested, and
whether the petitioner proposes to establish an alternate method in lieu of
the mandatory safety standard or alleges that application of the standard
will result in diminution of safety to the miners affected or requests relief
based on both grounds.
(5) A detailed statement of the facts the petitioner would
show to establish the grounds upon which it is claimed a modification is
(6) Identification of any representative of the miners at
the affected mine, if the petitioner is a mine operator.
(b) A petition for modification shall not include a request for
modification of the application of more than one mandatory safety standard. A
petition for modification shall not request relief for more than one
operator. However, an operator may file a petition for modification
pertaining to more than one mine where it can be shown that identical issues
of law and fact exist as to the petition for each mine.
U.S. Department of Labor | Mine Safety and Health Administration (MSHA) | 1100 Wilson Boulevard, 21st Floor | Arlington, VA 22209-3939 www.msha.gov | Telephone: (202) 693-9400 | Fax-on-demand: (202) 693-9401