Petition - Docket No. M-2021-001-C

4/28/2021

In the matter of:                                 Petition for Modification

Patton Mining LLC

Deer Run

Mine I.D. No. 11-03182                    Docket No. M-2021-001-C



PROPOSED DECISION AND ORDER



On January 15, 2021 a petition was filed seeking a modification of the application of 30 C.F.R.

§ 75.1909(b)(6) to Petitioner' s Deer Run Mine, located in Montgomery County, Illinois. The Petitioner proposes an alternative method outlined in the petition that will at all times guarantee no less than the same measure of protection afforded by the standard.



The standard reads, in relevant part,

(b)(6) Service brakes that act on each wheel of the vehicle and that are designed such that failure of any single component, except the brake actuation pedal or other similar actuation device , must not result in a complete loss of service braking capability;



The petitioner proposes an alternate method including limiting speed of the equipment, providing additional training, and establishing safe procedures when the Grader is operated on the slope, in lieu of installing brakes on the front two wheels. The addition of front brakes and application of the standard as stated by the petitioner will result in diminution of safety to the miners affected.



On March 15, 2021 an MSHA investigator conducted an investigation of the petition and filed a report with the Administrator for Mine Safety and Health Enforcement.

After a careful review of the entire record, including the petition and MSHA's investigative report, this Proposed Decision and Order is issued.



Finding of Fact and Conclusion of Law

The Deer Run Mine is located near Hillsboro in Montgomery County, Illinois , and opens the Herrin #6 coal seam with a slope for transport of miners and supplies in the lower portion, and a split air shaft is utilized for ventilat ion, and intake side (equipped with a blowing fan with a backup blowing fan, and an escape hoist) and a return side. There is also a bleeder shaft utilized for ventilation of the longwall progressive seals. The mine currently consists of one longwall production unit utilizing a Joy/Komatsu 7LS Shearer ventilated with the bleederless gob method and one development unit with one Joy/Komatsu 12/27 CM with Joy shuttle cars transporting the coal from the working face to the belt conveyors. Belt conveyors transport the coal from each working section to the surface.



The mine uses rubber tired diesel equipment to transport personnel and supplies down the slope and into the mine. The Getman Road Grader that is the subject of this petition will be used to maintain the roadways traveled by the rubber tired equipment. The coal seam is relatively flat in the areas mined currently and the average mining height is 108 inches.



The Getman Road Grader Model #ROG 1504C Serial #6718 was transferred from the Shay #1 Mine where a petition had been approved previously on this same machine. The petitioner ensures that the alternative methods proposed in the petition will, at all times, guarantee no less measure of protection than afforded by the standard.

The petitioner's proposed alternative method is to comply with the following terms and conditions which were

previously approved to be followed at the Shay #1 Mine:

1. The maximum speed of the Getman Grader is limited to 10 miles per hour.

2. The Getman Grader is equipped with 20 inch tires to ensure that the maximum speed limitation to 10 miles per hour.

3. All grader operators will be trained to recognize appropriate levels of speed for different road conditions and grades.

4. All grader operators will be trained to lower the grader blade to provide additional stopping capability in emergencies.

In addition, the petitioner specifies that when transporting the grader up or down the slope the machine will be tethered by another machine capable of braking both machines.

The miners at the Deer Run Mine are not represented by a labor union and there are no miners' representatives. However, the petition has been posted on the mine bulletin board and the petitioner notified miners regarding the terms of this petition. MSHA also interviewed miners as part of its investigation , and they did not raise safety concerns related to the use of this equipment.

The alternative method proposed by Patton Mining LLC (as amended by MSHA) will at all times guarantee no less than the same measure of protection afforded the miners under 30 C.F.R. § 75.1909(b)(6). The diesel grader will be equipped with devices that limit speed to 10 mph and the grader operator(s) will be trained to recognize appropriate levels of speed for different road conditions and grades, and be trained to lower the moldboard in emergency conditions. These terms and conditions will provide an equivalent level of safety to the standard requirement that each wheel of the grader be equipped with service brakes.

On the basis of the petition and the findings of MSHA's investigation , Patton Mining LLC is granted a modification of the application of 30 C.F.R. § 75.1909(b)(6) to its Deer Run Mine.



ORDER

Wherefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Mine Safety and Health Enforcement, and pursuant to Section lOl(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 81l (c), it is ordered that Patton Mining LLC' s Petition for Modification of the application of30 C.F.R. § 75.1909(b)(6) in the Deer Run Mine is hereby:



GRANTED, conditioned upon full compliance of the petitioner with the following terms and conditions:



1. This Proposed Decision and Order is limited in application to the diesel-powered, six-wheeled Getman Road Grader, Model ROG 1504C (Serial Number 6718).



2. The maximum speed on the diesel grader shall be limited to 10 miles per hour or less in both forward or reverse by:

(a) Equipping and maintaining 20 inch tires with the existing differential(s) gear ratio and transmission;

(b) Permanently blocking out any gear or any gear ratio that provides higher speeds; and/or

(c) Using transmission(s) and differential(s) geared in accordance with the equipment manufacturer that limit(s) the maximum speed to 10 mph.



3. Prior to implementing the alternative method:

(a) The diesel graders must be inspected by MSHA to determine compliance with the terms and conditions of the Proposed Decision and Order.

(b) Grader operators must be trained to recognize appropriate levels of speed for different road conditions and slopes.

(c) Grader operators must be trained to lower the moldboard (grader blade) to provide additional stopping capability in emergencies.

(d) Grader operators must be trained to recognize the transmission gear blocking device and its proper application and requirements.



4. When transporting the grader up or down the slope the machine will be tethered by another machine capable of braking both machines.



5. The grader must comply with all other applicable requirements of the Federal Mine Safety and Health Act of 1977 and the applicable requirements of 30 C.F.R. Parts 75 and 77.



6. Within 60 days after this Proposed Decision and Order becomes final, the Petitioner must submit proposed revisions for its approved 30 C.F.R. Part 48 training plan to the Mine Safety and Health Enforcement District Manager. These revisions must specify initial and refresher training regarding the terms and conditions stated in the Proposed Decision and Order.



Any party to this action desiring a hearing on this matter must file in accordance with 30 C.F.R. § 44.14, within 30 days. The request for hearing must be filed with the Administrator for Mine Safety and Health Enforcement, 201 12th Street South, Arlington, Virginia 22209-5450.



If a hearing is requested, the request must contain a concise summary of position on the issues of fact or law desired to be raised by the party requesting the hearing, including specific objections to the proposed decision. A party other than Petitioner who has requested a hearing may also comment upon all issues of fact or law presented in the petition, and any party to this action requesting a hearing may indicate a desired hearing site. If no request for a hearing is filed within 30 days after service thereof , the Decision and Order will become final and must be posted by the operator on the mine bulletin board at the mine.



Timothy R. Watkins

Administrator for

Mine Safety and Health Enforcement



Certificate of Service

I hereby certify that a copy of this proposed decision was served personally or mailed, postage prepaid, or provided by other electronic means this 28th day of April _, 2021, to:



Clayton A. Cross

Manager of Engineering

ccross@foresight.com



Todd Leverton

General Manager

TLeverton @mar yanmining.com

12051 North 9th Avenue

P.O. Box457

Hillsboro, IL 62049



Rodney Adamson

Mine Safety and Health Enforcement Specialist



cc: Tom Benner, Director, Office of Mines and Minerals, Illinois Dept. of Natural Resources, One Natural Resources Way, Springfield, IL 62702-1271; DNR.MMLRD @illinois.gov